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HomeMy WebLinkAboutordinance.council.024-05ORDINANCE NO. 24 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE FINAL PLANNED UNIT DEVELOPMENT (PUD) FOR 97 AFFORDABLE HOUSING UNITS (PHASE I), GMQS EXEMPTION FOR AFFORDABLE HOUSING (AH), GMQS EXEMPTION FOR ACCESSORY USES IN MIXED USE DEVELOPMENT, SUBDIVISION, SUBDIVISION EXEMPTION FOR CONDOMINIUMIZATION, SPECIAL REVIEW FOR AH PARKING, REZONING TO AH/PUD, CONDITIONAL USE, VESTED RIGHTS AND APPROVING THE REVISED CONCEPTUAL PLAN FOR ALL PHASES OF THE BURLINGAME RANCH AFFORDABLE HOUSING PROJECT IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID No. 27350-03-100805 WHEREAS, the Aspen City Council, pursuant to Resolution No. 120, Series of 2000, determined Burlingame Ranch PUD (hereinafter the "Project") eligible for the process of the Convenience and Welfare of the Public (COWOP) for the l~urpose of developing deed restricted affordable housing; and, WHEREAS, the COWOP land use review process, Section 26.500 of the City of Aspen Land Use Code, was created and adopted by the City of Aspen to allow the planning of projects of significant community interest, when determined necessary by the Aspen City Council according to said Section, to conduct an iterative process considering input from neighbors, property owners, public officials, members of the public, and other parties of interest, and assembling a Burlingame Affordable Housing Task Force Team, providing recommendations directly to Aspen City Council; and, WHEREAS, the COWOP review process enabled the planning and design of the Project to reflect essential community goals and values, taking into consideration various opinions and expressed points-of-view from neighbors, the land owner, citizens and city staff; and, WHEREAS, the Project is of higher quality as a result of the Burlingame Affordable Housing COWOP Task Force Team review process and its thoughtful and interactive discussions, than may have otherwise resulted if the project had not been reviewed as a COWOP application; and whereas, the COWOP land use review process does not and has not lessened any public heating, public noticing, or any critical analysis or scrutiny of the project as would otherwise be required; and, WHEREAS, the Burlingame Affordable Housing COWOP Task Force Team met nine (9) times, at legally noticed public hearings, to identify the site's opportunities and constraints and to develop guidelines for the development of the property. The COWOP Task Force Team forwarded a recommendation to the Aspen City Council who adopted the recommendation through Resolution No. 98, Series of 2003, at a regular meeting; and, WHEREAS, the City of Aspen Asset Management Department conducted a Burlingame Ranch "Design/Build" competition in order to find a capable development BurIingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page I Page: 7. ot~ 4 NOTICE OF APPROVAL For An Insubstantial Amendment to the Burlingame Ranch Affordable Housing Planned Unit Development, An Amendment to Ordinance No. 24, Series of 2005 Parcel ID No. 27350-03-100805 APPLICANT: Shaw Builders, LLC, Poss Architecture and DHM Design REPRESENTATIVE: Stephen C.R. Holley, AIA, Poss Architecture SUBJECT OF AMMENDMENT: Burlingame Ranch Affordable Housing PUD, Ordinance No. 24, Series of 2005 SUMMARY: On behalf of Shaw Builders, LLC, Poss Architecture and DHM Design, (agents for the owners, City of Aspen,) Stephen C.R. Holley, A.I.A, has applied for an Insubstantial Amendment to the Burlingame Ranch Affordable Housing PUD, Ordinance No. 24, Series of 2005. The Applicant proposes an amendment to change the required submittal time of the "Unit Expandability Plan" for Burlingame Ranch PUD from the time of signing of the PUD Plan and Subdivision Plat to the time of submittal of the Condominiumization Plats. STAFF EVALUATION: In order to amend a specific provision of the ordinance that approved the PUD originally, a PUD Amendment must be approved. Staff supports the proposed amendment because it is minor in nature and a technical change to the development plan submittal times necessitated by the actual and more realistic steps in determining the specific areas for unit expansion. Such expansion areas can not be determined by an architect until construction drawings are developed for all of the units, which usually follows plat recordation. Staff finds that the proposed amendment meets the criteria for an insubstantial amendment pursuant to section 26.445.100 of the City of Aspen Land Use Code. DECISION: The Community Development Director finds the Insubstantial Planned U:~it Development Amendment to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the amendment as specified below. The approved amendment to the Burlingame Ranch Affordable Housing PUD, allows for a change to Ordinance No. 24, Series of 2005, Section 9, Expandability of Units. The amendment requires the Unit Expandabilit~ Plan to be submitted at the time of submittal of the condomiuiumization plat instead of at the time of signing of the Final PUD Plans and Subdivision Plat. Such plan shall identif~ each unit number that may be expanded; the maximum square footage of floor area allowed for expansion per unit as measured by the Cit~ of Aspen Land Use Code; and a depiction of the 3-dimensional areas subject to potential expansion per unit. The Unit Expansion Plan (including the units numbers, square footage and 3-D areas) shall be shown on the condominium plat sheet. The unit numbers and allowed square footage of the expansion shall also be recorded as an addendum to the Home Owner's Association documents along with the following statement, "The expansion of these units will be at the cost of the unit owner but will be considered as a capital improvement factored into the prices of the unit for resale purposes pursuant to Aspen Pitkin Count~ Housing Authorit~ Guidelines and policies. All expansions require building permits. The expansion of any unit shall not effect the unit's designation in the affordable housing inventor~ or category, such that if another bedroom has been added into a two-bedroom unit, it remains in the inventor~ as a two-bedroom unit." APPROVED BY: Community Development Director Date Attachments: Exhibit A - Review Criteria Exhibit B - Letter of Request from Poss Architecture, dated ~r~, 2005 EXHIBIT A Insubstantial PUD Amendment Checklist 26. 445.100 Review Criteria All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: The proposed amendment does not change the use or character of the development. The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. The proposed amendment does not decrease the approved open space by greater than three (3) percent. The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. The proposed amendment will not enact a change which is inconsistent with a condition or representation of the project' s original approval or which requires granting a variation from the project' s approved use or dimensional requirements. pOSS ARCHI[ECTURE + PLANNING SILVIA DAVIS PITKIN COUNTY ~0 R 21,00 O 0.0010:~ August 8, 2005 Joyce Ailgaier City of Aspen, Community Development Department Aspen, Colorado 81611 Re: Burlingame Ranch Affordable Housing Dear Joyce, On behalf of our client, The City of Aspen, we request that the language regarding the expandability matrix in Ordinance No. 24 (Series of 2005) be modified as follows: Section 9: Ex~andability of Units A maximum of sixty4ix (66) units of the eighty-six (86) muki-family units within Phase I are eligible for vertical expansion. At the time of submittal of the condominiumization plat each specific unit shall be identified as to its expansion capability, its expansion footprint and its maximum allowable floor area for expansion. The expansion of these units will be at the cost of the unit owner but will be considered as a capital improvement into the price of the unit for resale purposes. All expansions require building permits. The expansion of any unit shall not affect the unit's designation in the affordable housing inventory or category, such that if another bedroom has been added into a two-bedroom unit, it remains in the inventory as a two-bedroom unit. If you have any questions, please do not hesitate to contact us. Sincerely, Bill Poss and Associates Architecture and Planning, P.C. By~.~t. " Project Manager AUG 0 9 2005 BUll_DING D PARTMI:NT team to design and build an exemplary affordable housing development. The designs submitted for the competition were publicly displayed at the Pitkin County Library and public comments were taken on the designs at public meetings of the Aspen City Council on October 25 and November 8, 2004. On November 8, 2004, the Aspen City Council chose the proposal submitted by Shaw Builders, LLC, Poss Architecture, and DHM Design. This group serves as agents for the owners, the City of Aspen, in this development proposal and together these two entities are referred to as the "Applicants"; and, WHEREAS, on November 22, 2004, the City Council granted, through Ordinance No. 120, Series of 2004, conceptual approval with conditions to a three-phase development plan as proposed by the applicants in the "Conceptual Master Plan Submittal", dated after September 7, 2004, after finding that the Project met with the development standards as required by the Aspen Municipal Code; and, WHEREAS, the applicants have proceeded to gain approvals and land use entitlements for Phase I of the Project by submitting a final development plan application entitled, "Burlingame Ranch Affordable Housing", dated February 14, 2005. Such application addressed the application requirements and applicable review standards of the Aspen Municipal Code; and, WHEREAS, the City of Aspen Commtmity Development Director has reviewed the proposed development in consideration of the recommendations of the COWOP Task Force Team, the conditions of the conceptual approval, the requirements of the land use code, and comments from applicable referral agencies and has recommended approval of the Final PUD subject to conditions of approval as described herein; and, WFIEREAS, the Pitkin County Board of Commissioners and the Aspen/Pitkin County Housing Authority conducted meetings to discuss the development project and provided input and recommendations to the City of Aspen; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Burlingame Ranch COWOP Task Force Team, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, approval of this ordinance does not complete the COWOP process, but constitutes another step of the COWOP review process. Furore steps may include applications for Final PUD Plan of Phases II and HI of the development and/or Conceptual PUD revisions, followed by land use entitlement by the Aspen City Council, pursuant to provisions of the Municipal Code, including Section 26.500, Development Reasonably Necessary for the Convenience and Welfare of the Public; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the Final PUD plan for Phase I, with conditions, is consistent with the goals and elements of the 2000 Aspen Area Community Plan, especially those goals relating to the development of affordable housing within the Urban Growth Boundary and the preservation of open space; and, Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 2 VOtEREAS, the Aspen City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, TItEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Amended Conceptual Plan Approved The Burlingame Ranch project (all phases) may include up to 236 deed-restricted employee housing units, community buildings, parks and recreational facilities, transportation facilities, and other infrastructure and amenities as described in the Shaw/Poss/DHM Conceptual PUD submittal dated, September 7, 2004 and revised through the Final PUD (Phase I) Submittal dated, February 14, 2005 and including revisions to address any conditions of approval. Conceptual approval is applicable to all phases with each phase subject to final approval and entitlement pursuant to the standards and processes of the COWOP land use review process, Section 26.500 of the Municipal Code, and as specified herein. Page L-l, Phasing Plan, of the Final PUD submittal shall be updated to reflect the final PUD approval of Phase I and shall be retitled to, "Revised Conceptual Master Plan & Phasing Plan". Components of the Conceptual PUD plan shall be confirmed or amended in conjunction with the final approval of each phase. Development features of future phases may be amended by the Aspen City Council, in conjunction with final approvals for each particular phase. In consideration of the phased aspect of the entire project, City Council hereby exempts the development from the limitations of Conceptual Development Plan approval as specified in Section 26.445.030.D of the Land Use Code. No prescribed limit or timeframe for submitting a final development plan for the project, or phases thereof, shall apply. Section 2: Process for Gaining Final Approvals for Each Phase The final review and entitlement for each phase shall be subject to the COWOP land use review process pursuant to Land Use Code Section 26.500, Development Reasonably Necessary for the Convenience and Welfare of the Public. This step shall consist of a review of the final development plan for each phase by the Aspen City Council and shall incorporate all required land use approvals necessary for the particular phase, such as GMQS Exemption, Subdivision, Condominiumization, etc. and other necessary land use actions to gain entitlement for the particular phase of the project. Final entitlement for each phase shall be by Ordinance. The entire Burlingame Ranch Affordable Housing project,t including Phase I, shall remain active as a COWOP land use review until determined concluded by the Aspen City Council. City Council may stagger the conclusion of the COWOP review on a phase-by-phase basis. Once the COWOP review is concluded for a particular phase, amendments to development within the phase shall be subject to the processes and standards of the Land Use Code unless other provisions are established as applicable. Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 3 The Applicant for each phase shall submit application materials, as listed below, for all required land use actions to gain full entitlement of each phase of the development, including a draft Subdivision plat and PUD plans along with agreements meeting the land use code requirements established in Sections 26.480 - Subdivision, 26.445 - Planned Unit Development, 26.470 - Growth Management (exemption), and other Sections and Chapters of the Land Use Code as applicable. · Subdivision Plat and PUD Plans · PUD/SIA Agreement · Architectural Character Plans · Detailed Private and Public Utility Plans · Detailed Phasing Plan · Detailed Parking Plan · Detailed Landscaping Plan · Detailed Street Lighting Plan and Exterior Lighting Plan for Multi- family Buildings · Detailed Trails and Recreation Plan · Detailed Vegetation Restoration Plan · PM-10 Mitigation Plan/Transportation Plan · Accessibility Plan (site only, not building interiors) · Homeowner's Association Documents and initial budget Each of the above submission components shall be reviewed by the applicable referral agencies prior to submitting for final PUD approval. A pre-application conference with the Community Development Department is required prior to submission of a land use application for entitling each phase. The required land use reviews and the application materials and criteria of future reviews are subject to change. Applicants of future phases of Burlingame Ranch shall submit final applications pursuant to the submittal requirements in place at the time of the final application. Section 3: Phase I Final PUD Plan Approved The Burlingame Ranch Affordable Housing development is hereby granted a development order for a site specific development plan as described in the Shaw/Poss/DHM Phase I Final PUD/Subdivision Development Plans, dated 2/14/05 and granted all necessary land use approvals including Final PUD, Rezoning of the subject property to the Affordable Housing PUD (AH/PUD) Zone District, Subdivision, Subdivision Exemption for Condominiumization, Growth Management Quota System (GMQS) Exemption for Affordable Housing, GMQS Exemption for Accessory Uses in Mixed Use Development, Special Review for AH Parking, Conditional Use, and Vested Rights, subject to conditions of approval as described herein. Section 4: Rezoning The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plats and Final PUD Plans associated with the Project, amended by the Community Development Director to reflect the following property as included in the Affordable Housing/PUD (AH/PUD) Zone District on all portions of said land: Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 4 Lot 2A of the Exemption Plat, Burlingame Village Lot 2 of the Final Subdivision Plat of Pamel 2, Park Trust Exemption Section 5: Phase I Approved Final Proiect Dimensions Phase I dimensional standards are identified below: 97 Deed-Restricted Units 14 1-bedroom 31 2-bedroom 52 3+ bedrooms (expandability will effect bedroom count) 56% for total subject area 55% for individual lots .32:1 (169,957 SF) .35:1 (187,669 SF w/possible expansions) 144,738 for multi-family buildings 5,570 SF for commons building 3,061 SF for transit stops 24,200 SF for single family homes on lots (numbers show maximum with expandability) 34 feet for multi-family and community buildings 25 feet for single family lot buildings As represented on the Final PUD Plans 10 feet front, 5 feet side, 10 feet rear 32 foot width and 3,000 sq. ft. size for lots 10 feet for single family lots buildings 21 feet for multi-family buildings 20 feet between multi-family and transit buildings 1.67:1 Parking Spaces per Unit, 162 total Section 6: Phasing Phase I of the Burlingame Ranch Affordable Housing development shall consist of 97 deed-mstficted residential units, the commons building, parks, trash/recycling facilities, three transit stops, trails, and basic utility infrastructure including access roads to serve Phase I. Phase I will be developed as a whole in terms of infrastructure and the readiness of lots for development as multi-family structures and lots for single-family development. Phase II and Phase iii may be developed in the future in accordance with Section 2, above. Section 7: Parking Phase I parking ratio is 1.67:1. Three (3) spaces shall be reserved and designated for car- sham program uses. All parking spaces shall meet the minimum dimensional requirements as stipulated within the City of Aspen Land Use Code. Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 5 Section 8: Affordable Housing and Accessory Dwelling Units (ADUs) The 97 housing units in Burlingame Ranch Phase I shall bc 100% affordable housing units. As this project relates to thc Stage Road PUD/Subdivision, thc number of affordable housing units within the Burlingame Ranch Affordable Housing development meets thc 70% to 30% ratio requirement for affordable housing bedrooms to frcc market housing bedrooms as required in the AH/PUD Zone District. Specifically, thc bedroom count for thc Stage Road PUD/Subdivision is sixty (60) bedrooms, which requires that one hundred forty (140) affordable housing bedrooms bc provided. Thc Phase I bedroom count for the Burlingamc Ranch AH project is 232, exceeding the one hundred forty (140) bedrooms to meet the AH/PUD zoning. Thc provision of affordable housing at Burlingamc Ranch is in conformance with thc 4th Amended and Restated Pre-Annexation Agreement between thc City of Aspen and Bar/X Ranch, allowing for thc development of thc Stage Road PUD/Subdivision approved through Ordinance No. 6, 2005. The determination of the specific maximum income Categories of the Aspen/Pitkin County Housing Guidelines shall be finalized prior to Certificate of Occupancy by the City Council after recommendation from the Housing Board. Designation of categories shall take into consideration unit size, type, cost and other factors that establish value and affordability. The general goal for the categories of Phase I of the development is as shown below, but final designations of categories may deviate from this schedule at the discretion of the City Council. Cat. l&2 Cat. 3&4 Cat. 5&6 Cat. 7 & R.O. Totals Up 1Br 8 2 4 0 0 14 (1 bath) 2 Br 5 13 12 1 0 31 (1 bath) 3 Br 0 15 19 7 0 41 (2 bath) Lots 0 0 2 3 6 11 (3.5 baths) Totals 13 30 37 11 6 97 Six of the eleven (11) single-family lots are designated as Resident Occupied with a maximum sales price to be established by the City Council. Accessory Dwelling Units are not allowed within the Project. Section 9: Expandability of Units A maximum of sixty-six (66) units of the eighty-six (86) multi-family units within Phase ! are eligible for vertical expansion. Prior to the signing of the Final PUD Plans and Subdivision Plat, the specific units designated for expansion shall be identified and maximum allowable floor area of expandability per unit shown. This information shall also be included in the SIA/PUD Agreement and in the Homeowners Documents. The expansion of these units will be at the cost of the unit owner but will be considered as a capital improvement into the price of the unit for resale proposes. All expansions require Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 6 building permits. The expansion of any unit shall not affect the unit's designation in the affordable housing inventory or category, such that if another bedroom has been added into a two-bedroom unit, it remains in the inventory as a two-bedroom unit. Section 10: ConditionalUse The Park and Open Use Recreation Sites, Transit Facilities and Child Care Center are hereby approved uses in accordance with the approved PUD plan specifications for size, location and architecture. Conditional use approval is necessary for these uses in the AI-FPUD Zone District. The Child Care Center shall gain a final Conditional Use approval from the City Council prior to the occupancy of the commons building for this use. The operational characteristics and potential impacts of the use shall be evaluated and approved separately with conditions, if necessary, in accordance with the conditional use review criteria. The child care facility shall meet the State of Colorado licensing requirements and shall comply with Land use Code Section 26.575.080, Child care center. In addition Conditional Use Application plans shall address fencing, required outdoor play space and its grading, access (walkway and vehicular), adequate bathroom and kitchen facilities for childcare operations and after school programming. Section 11: Architectural Character and Residential Design Guidelines: Reliance is placed on the architectural standards and illustrations contained within the Final PUD Plan submittal as establishing a cohesive architectural vernacular for the development. The development shall be in general compliance with the "Architectural Character" drawings contained in pages A-101-Alll in the application. The Burlingame Ranch Affordable Housing Design Guidelines shall apply to and govern all residential design. The City of Aspen Residential Design Standards set forth in Land Use Code Section 26.410 shall not apply to this development. The Residential Design Guidelines shall not be amended without the approval of the City Council. Such guidelines are a component of the application and are herein incorporated into this ordinance by reference and shall be recorded with the Final PUD plans. Prior to recordation, the Guidelines shall be amended to state the building heights for multi-family (34 feet) and single-family dwellings (25 feet) and specify how height is measured. Section 12: Condominiumization Condominiumization of the development is hereby approved by the City of Aspen subject to recordation of a condominiumization plat in compliance with the current plat requirements in place at the time of filing. Each plat for condominiumization shall be submitted to the Community Development Department for evaluation and approval by the Community Development Engineer prior to recordation. The cost of recordation shall be borne by the applicant. Recordation is required prior to the transfer of ownership of the condominium. Section 13: Homeowner's Responsibilities The Final Homeowner's documents shall ensure that the maintenance and operations of the following components oft,he development are the responsibility of the HOA. Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 7 · Storm water facilities, including drainage ponds, outside of the public right of way; · Irrigation system; · Parking courts and private and public sidewalks; · Landscape area maintenance (where the City of Aspen is not responsible) and weed management; · Bluff Trail; Agreement for common water line leading into multifamily; and · Common open space, play areas and park areas. The HOA document shall also include a detailed plan specifying what duties, or additional duties for later phases, the Homeowner's Association will be responsible for and projected monthly Homeowner Association dues. The documents shall also address the mechanism for integrating future phases into the HOA. Section 14: Roads The roads contained within the development shall be dedicated as public right of way and are approved as to general design and dimensions contained within the Final PUD Plan submittal and must meet with the technical standards of the City Engineering Department. The roads will be public and will be available for all public purposes including, but not limited to, those associated with the provision of utilities, maintenance, transportation, pedestrian, recreation and emergency services. The City of Aspen reserves the right, for itself and the utility districts and companies serving the development, to use the roadways and parking areas to provide services. In addition, Mining Stock Parkway may be used by the City of Aspen and service providers in a dual directional way for official business on the one-way road. Roads will be maintained by the City of Aspen. Section 15: Landscape Plan The Final PUD Landscape plan shall specify the areas for stockpiling of soil outside of the limits of Phase I, as being those in the northwest and southwest comers of the intersection of Mining Stock Parkway and Range Road. The plan shall also show the grading and reseeding plan for the stockpiled soil that meets with the approval of the City of Aspen Parks Department. Final Landscape plans shall include details and standards for seeding, mulching of seeded areas, soil replacement and depth, and soil type. As addressed on Page L-8 #15 of the PUD plans, protection of off-site vegetation shall be designed and installed to City of Aspen standards. A native vegetation protection fencing system shall be installed at the edge of the construction limits. This fencing shall consist of a type of barrier fencing. Beyond this barrier fencing shall be silt fencing installed to standards. No excavation, storage of materials, storage of construction backfill, and storage of equipment, or vehicle traffic is allowed outside of this protection fencing. The fence is required to be erected and inspected prior to any construction activity on the property. As addressed on Page L-8, #18 of the PUD plans, the seed detail shall include the covering of the seeded area with certified weed free straw and meet this standard as follows: City of Aspen Seeding Requirements I. Soil Preparation, top soil 6" deep 2. Hand broadcast seed, this is the preferred method of seeding Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 8 3. Rake into area 4. Fertilize area (Boise is recommended) 5. Mulch with weed free straw Changes to the seeding protocol may be approved by the City of Aspen Parks Department. Detailed landscape maintenance guidelines for the Homeowner's Association and future property management personnel shall be developed and recorded prior to the sale of any unit. Section 16: Irrigation The source of irrigation waters for Burlingame Ranch shall be from ditch water rights ~- associated with the property and/or domestic sources. The irrigation plans of the PUD plan shall be revised to show additional detail including head spacing, main line locations and secondary line locations. This plan shall include and show temporary irrigation for the native restoration of the disturbed areas and open space areas. The developer shall provide an as-built drawing to the Parks Department showing the irrigation system for the parks areas. Section 17: Water Department Services The follow items shall be shown on final plans. 1. Final fee schedule for the development, 2. Grading plan for Forge Road, 3. Utility plans for sewer crossings must show depth of greater than seven feet so that there is no conflict with water, 4. Service line locations, 5. Trust blocks, 6. Additional in-line control valves with distances no further than 500 feet apart, 7. Pressure reducer valve vault, and 8. Service line locations on pages, K1, D1, C1, G2 & K2 need reevaluation by applicant and possible relocation. A separate water meter and billing account is required for each residential unit. The Final PUD submittal shall include a detail of proposed fire hydrant locations within the development. All requirements of the Water Department shall be complied with. The applicants shall work with the Water Department in planning for a water reclamation system that would utilize treated wastewater for the purposes of irrigation. Section 18: Sanitary Sewer and Aspen Consolidated Sanitation District (ACSD) The following items shall be shown on final plans. 1. Final depths of sewer lines and width of easements shall be approved by the ACSD prior to plat and PUD plan recordation. 2. Other Sanitation District Requirements: · Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 9 · ACSD will review the approved drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. · On-site utility plans require approval by ACSD · Below grade development may require installation of a pumping system. · One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. · Permanent built improvements are prohibited in sewer easements or right of ways. The HOA documents shall include a provision that puts the owners on notice that any private or HOA landscaping that is placed within an ACSD or other utility easement is subject to damage or removal by utility providers in the course of installation, repair or replacement at the owner's expense and loss. · All ACSD fees must be paid prior to the issuance of a building permit. Section 19: Environmental Health New residential buildings are limited to two gas log fireplaces and unlimited numbers decorative gas fireplace appliances per building. The applicant must file a fireplace permit with the Building Department before a building permit will be issued. New homes may not have wood burning fireplaces, nor may any heating device utilize coal as fuel. All outdoor trash and recycling storage enclosures shall meet with the City of Aspen's wildlife protection regulations that specify closures for dumpsters and other containers. Section 20: Transportation Management and Plan Burlingame Ranch is a transit-oriented development with transit stops, car sharing, bike racks and trails/sidewalks connecting to key pedestrian/bikeways of the city. The Final PUD Plan submittal includes three (3) mobility plan options that meet the standards of the PUD/Subdivision requirements of the city to adequately address new automobile trips generated by the development. The mobility plans go beyond mitigation of the new trips by adding capacity to the transit program which address some existing transit needs in the vicinity. The City Council will further evaluate the options and select a preferred alternative for implementation. The City Council shall determine and commit to a detailed mobility plan for the project within six (6) months of the effective date of this ordinance. Such plan shall be recorded as an addendum to the PUD/SIA Agreement. All bus capital, service and operations shall meet with the approval of the Transportation Options Program through the Assistant City Manager. Additionally, transit support facilities such as pull-outs, curb and gutter shall be constructed to RFTA's construction specifications. Section 21: Snow Storage The snow storage areas are expected to accommodate 100% of the snow storage required by the development on the site. Snow-storage areas shall be designed to filter run-off prior to discharge into the storm drainage system and may be planted with vegetative types in quantities and locations that will not impede plowing, storage or water flow. Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 10 Section 22: Exterior Lighting The Final PUD plan shall include an outdoor lighting plan and exterior lighting fixture specifications for all of the multi-family buildings that demonstrate compliance with the City of Aspen Lighting ordinance at the time of Final PUD submission pursuant to and meeting the requirements of Land Use Code Section 26.575.150, Outdoor Lighting. Prior to issuance of building permits for single family residences, compliance with the above- noted section shall be demonstrated. Section 23: Street Lightim, Phase I street lighting is acceptable with lights located at key road intersections and at major community-oriented locations such as the commons building and transit stops. Conduit for future street lighting shall be set in place in conjunction with Phase I infrastructure. Section 24: Trails The Applicant shall install a pedestrian trail that is three (3) feet in width and made of crusher fine material that runs along the top of the Roaring Fork River bluff, connecting with the parking court at World Cup Court and the southemmost transit stop on Forge Road. The trail will be open to the public and maintained by the Homeowner's Association. This trail shall be installed in conjunction with Phase I of the development. Section 25: "Efficient Building" Each building shall achieve a minimum 145 points within the City of Aspen Building Program. Section 26: Impact Fees Park Impact Fees Pursuant to Land Use Code Section 26.610.080, Impact Fees-Affordable Housing, City Council hereby waives the Park Development Impact Fees for the Burlingame Affordable Housing Development finding that approximately 195 acres of land are being preserved as open space in conjunction with the Bar/X and Burlingame Affordable Housing Developments. School Land Dedication in Lieu Fees The Burlingame Ranch Affordable Housing Development shall provide a cash in lieu fee to the Aspen School District based on the formula contained within Section 26.630 of the Land Use Code. The Aspen School District has indicated their interest in having land dedicated to the district for the purpose of housing district employees, for other district purposes, or selling land dedicated to them within Burlingame Ranch for revenue. The intended purpose of the Burlingame Ranch development is to provide affordable housing and not to create a public facility such as a school would encourage. The City Council may provide to the Aspen School District, with their agreement, a subdivided residential lot(s) in Burlingame Ranch at a value equal to the fee. Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $12,448.62 per acre from Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 11 recent transactions and information from the Pitkin County Assessor. This value divided by the land dedication standard for the number of units in each of the bedroom categories results in a total impact fee of $157,517.41. House size Land Dedication Per unit Fee Standard One bedroom .0012/acre $153.06 Two Bedroom .0095/acre $1,211.77 Three .0162/acre $2,066.38 Bedroom Four Bedroom .0248/acre $3,163.33 TOTAL for 97 units $157,517.41 Amendments to the project shall include an adjustment to this fee according to the above calculation methodology. Section 27: Fire Safety Mitigation All buildings within the development shall include fire sprinkler and alarm systems meeting the requirements of the Aspen Fire District. Fire hydrant locations and spacing, as well as the location and dimensions of all fire lane and turn-around areas for fire apparatus shall meet with the approval of the Aspen Fire Marshal. Section 28: Coordination with Bar/X The Applicant shall coordinate with the Bar/X developer to ensure, that where the projects are related, utility installation, storm water management facilities and construction management are as efficient as possible and minimizes environmental impacts. Section 29: Vested Rights The land use approvals contained within this ordinance shall constitute a site-specific development plan and vest for a period of three (3) years as provided by law. An extension may be applied for under the land use code provisions in place at the time of request. No later than fourteen (14) days following final approval, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: "Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property fight, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Burlingame Ranch Affordable Housing Development (Phase I)." Section 30: Final Plat and PUD Plans Pursuant to Land Use Code Section 26.445.070(A) and Section 26.445.07003), Recording a Final PUD Development Plan, the Applicant shall prepare and record a final PUD Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 12 development plan and applicable subdivision plats at the Pitkin County Clerk and Recorder's Office within 180 days of adoption of this ordinance. The Applicant shall also prepare and record a Subdivision/PUD agreement at the Pitkin County Clerk and Recorder's Office pursuant to Land Use Code Section 26.445.070(C), PUD Agreement, within 180 days of adoption of this ordinance. No building permits shall be applied for or issued prior to recording the documents described herein. Section 31: Access/Infrastructure Permit Upon adoption of this ordinance, the Applicant may submit an application for an Access/Infrastructure (A/I) permit with the City of Aspen Building Department in order to commence grading and construction of the roads and utilities within the development. An access/infrastructure permit may be applied for and issued, upon the ordinance becoming effective, and prior to the recordation of the Final PUD plans and agreements, provided that sufficient plans accompany the A/I permit application as shall be determined by the Chief Building Official. The A/I permit application shall include the following: a. Site Improvement Survey that contains topography at 5' contours, all existing structures and improvements, location of existing trees, and all easements and right-of-ways. b. Detailed Grading Plans showing existing conditions and proposed improvements. c. Detailed Drainage Plans that include erosion control measures. d. State Storm Water Management Permit. e. Construction Management Plan. f. Road Profiles. g. Tree Removal Permit. h. Dust Suppression Plan. Section 32: Building Permit Application The building permit application shall include the following: a. A letter from the primary contractor stating that the approving ordinance has been mad and understood. b. A signed copy of the final Ordinance granting land use approval. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. Copies of the executed PUD plans and agreement. e. A construction management plan meeting the Community Development Department's requirements. f. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department, which addresses watering of disturbed areas. Section 33: Annexation All approvals contained within this ordinance shall be subject to the successful annexation of the subject property into the City of Aspen. All approvals contained herein shall be null and void should annexation not occur. Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 13 Section 34: Order of Recordation Filing of the plats, plans, documents and agreements associated with this approval shall be filed with the Pitkin County Clerk and Recorder in the following sequence unless determined necessary to be changed by the Community Development Director: 1. Agreements with Utility Providers 2. Final Subdivision Plat of the two-lot subdivision of Burlingame Ranch Lot 1 3. Final Subdivision Plat of the two-lot subdivision of Parcel 2, Park Trust Exemption 4. Burlingame Ranch Subdivision, Filing No. 1, Final Plat 5. PUD Plans (Improvement Survey, Engineering Site Plan, Utility, Grading, Drainage, Phasing Plan, Site Plan, Accessibility Plan, Landscape Plans, and Architectural Character Plans 6. PUD/SIA Agreement 7. Master Homeowner's Association Documents 8. Residential Design Guidelines 9. Other plans or documents, as deemed necessary by the Community Development Director Section 35: All material representations and commitments made by the applicants pursuant to the development proposal approvals as herein awarded, as presented in public heating or documentation before the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 36: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 37: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 38: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance and exhibits in the office of the Pitkin County Clerk and Recorder. Section 39: That the Community Development Director is directed, upon the adoption of this ordinance, to cause the Official Zoning Map of the City of Aspen to be amended to reflect the rezoning of the subject property as herein described. Section 40: Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 14 A duly-noticed public heating on this ordinance was held on the 25th day of April, 2005, at 5:00 p.m. in the Council Chambers of Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11th day of April, 2005. Attest: Kathryn S. I~h, City Clerk FINALLY, adopted, passed and approved this 25th day of April, 2005. Attest: Kathryn S. ~1~, CiffClerk illllo Approved as to form: orcester, City Attorney Burlingame Ranch Final PUD Ordinance No. 24, Series of 2005, Page 15