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HomeMy WebLinkAboutordinance.council.071-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 7/ (Series of 1975) AN ORDINANCE REPEALING AND REENACTING ARTICLE VIII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE CONCERNING PLANNED UNIT DEVELOPMENT (PUD); DESCRIBING DESIGN APPROACHES AND ALLOWABLE VARIATIONS FROM ZONING CODE PROVISIONS AUTHORIZED IN PUD'S; STATING THE GENERAL REQUIREMENTS FOR PUD APPLICATIONS; OUTLINING REVIEW PROCEDURES; PROVIDING FOR CONCEPTUAL, PRELIMINARY AND FINAL REVIEWS AND DES- CRIBING MATERIALS TO BE SUBMITTED WITH RESPECT TO EACH; PROVIDING FOR MANDATORY PUD'S; ESTABLISHING CRITERIA FOR COMMON AREAS; PER- MITTING ARCHITECTURAL REVIEW; REQUIRING SUBMISSION OF A LANDSCAP- ING PLAN AND ADHERENCE THERETO; PERMITTING VARIATIONS IN OFF-STREET PARKING REQUIREMENTS AND ALLOWABLE DENSITY; REQUIRING AN OPEN SPACE AND COMMON FACILITIES MAINTENANCE AGREEMENT; REQUIRING ADHERENCE TO A CONSTRUCTION SCHEDULE; ESTABLISHING RECORDING AND NOTICE PROCEDURES; CREATING ENFORCEMENT RIGHTS IN THE CITY AND IN RESIDENTS AND OWNERS OF A PUD; CREATING PROCEDURES FOR THE WITHDRAWAL, RESUBDIVISION AND AMENDMENT OF PUD PLANS. WHEREAS, the City Council has deemed it appropriate to repeal and reenact its planned unit development procedures so as to update them and synchronize their procedures so as to be compat- ible with the City's subdivision regulations, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Article VIII of Chapter 24 of the Aspen Municipal Code be repealed and readopted and amended to read as follows: "ARTICLE VIII PLANNED UNIT DEVELOPMENT 24-8.1 Purpose The purpose of this Article is to encourage flexibility, innovation and variety in the development of land and to provide performance criteria for planned unit developments (PUD) which will: A. Promote greater variety in the type, design and layout of buildings; B. Improve the design, character and quality of new development; RECORD OF PROCEEDINGS 100 Leaves C. Promote more efficient use of land and public streets, utilities and governmental services; D. Preserve open space as development occurs; E. Provide procedures so as to relate the type, design and layout of residential development to a particular site and thus encourage the preserv- ation of the site's unique,natural, and scenic features; and F. Achieve a beneficial land use relationship with surrounding areas. The objective of these sections is to create a more desirable environment than would be possible through strict application of other sections of this code. The provisions of this Article shall be interpreted to achieve the purposes listed in this Section 24-S.1 24-S.2 PUD Design Approaches A PUD is a subdivision wherein there is a departure from the usual design of regularly platted lots and blocks devoted to a single classification of land use. A PUD may be characterized by any one or a combination of the following design approaches providing all variations are harmoniously organized in relation to each other and to surrounding property in a manner consistent with the purposes of PUD: A. Averaged Lot Area. may be greater or less than the applicable zone district, provided the total area of all lots, when averaged, equals the permitted minimum for the district. The area of any lot the minimum established for -2- RECORD OF PROCEEDINGS 100 Leaves B. Clustering of Development. Clustering is encouraged with usable common open space so as to preserve open space and save on street and utility improvement costs. C. Architectural Cluster. Setback, height and similar restrictions may be varied to accommodate specific building types with unusual orientation on the lo~, or the relationships between buildings. This approach will allow the use of interior courts and malls, common side walls, combined service facilities, and similar architectural innovations while providing for separate ownership of land and buildings. 24-8.3 Variations from Zoning Code Requirements To facilitate the objectives of planned unit develop- ment there may be permitted variations from the provisions of this Chapter 24 as hereinafter specified: A. Variations may be permitted in the following zoning code requirements: open space, minimum distance between buildings, maximum height (including viewplanes), minimum front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash access area, external and internal floor area ratios, and number of off-street parking spaces. B. Variation shall not be permitted in allowable uses nor from the requirements of Specially Planned Area and Historic designation, or from use square footage limitations and sign regulations of this code. C. Although clustering of units is encouraged, the density of the overall project shall not exceed the allowable density in the zone district in which the PUD lies. -3- RECORD OF PROCEEDINGS 100 Leaves D. Anything above to the contrary notwithstand- ing, buildings may not be so arranged that any structure is inaccessible to emergency vehicles. E. These variations may be followed singly or in combination provided the objectives and standards of this Article VIII are maintained and all variations clearly indicated on the final plan. Except as hereinabove stated, no application for a planned unit development shall be approved unless the application and the accompanying plats and plans comply with all subdivision regulations of the City and all zoning regulations for the zoning district or districts in which are located the land area and structures shown in such application. 24-8.4 Maximum Density The maximum density in any zoning district shall not be allowed as a matter of course, and the actual density for any planned unit development shall be as determined in the PUD plan finally approved in accordance with the purposes and requirements of this Article. 24-8.5 General Requirements A. A tract or parcel of land proposed for PUD Development must be in one ownership or the subject of an application filed jointly by the owners of all the property included. B. The planned unit development must constitute an area of at least 27,000 square feet unless the land is in an area designated mandatory planned unit develop- ment on the Zoning District Map or is otherwise required by the zoning code to be developed according to the provisions of this Article. -4- RECORD OF PROCEEDINGS 100 Leaves C. The development must include open space for the mutual benefit of the entire tract; be designed to provide variety and diversity so that maximum long-range benefit may be gained and the unique features of the development site preserved and enhanced; and be in harmony with its surrounding neighborhood. D. A building permit for ~ny structure or permit to develop in any manner in a planned unit development shall be issued only after the final development plan for such development has been approved by the Planning Conm%ission and the City Council and the applicant has complied with the subdivision regulations of the City, Sections 20-1 et. seq. of the Aspen Municipal Code E. In order to facilitate processing of a PUD application, the applicant may simultaneously process a PUD and subdivision application, and the procedural requirements of both provisions have been adopted so as to facilitate concurrent application. F. In the event this Article VIII and the sub- division regulations each address an area of review or impose requirements with respect to an element in the planned unit development, such regulations are to be interpreted as cumulative, if possible and, if in- consistent, that regulation imposing the more stringent requirement shall be construed to supersede any other. G. The final PUD plan and subdivision plan both required to be filed with the Clerk and Recorder of Pitkin County may be one and the same document or spearate documents as circumstances may require. H. An application may be made for PUD approval -5- RECORD OF PROCEEDINGS 100 Leaves for development of lands within any zone district within the City of Aspen and nothing herein shall be construed to prohibit its application exclusively to residential developments. I. The burden shall rest upon an applicant to show the reasonableness of his application and plan, its conformity to the design requirements of this Article, the lack of adverse effect of the proposed development, and the compliance with the intents and purposes of planned unit development. J. The final PUD plan shall specify the manner of holding title to areas and facilities of joint use. Normally such areas and facilities shall be retained in title by the developers of the development or deeded to an organization composed of all owners in the develop- ment. 24-8.6 Outline of Procedures A PUD shall be processed in three stages, namely (1) a conceptual review by both the Planning and Zoning Commission and City Council, (2) a preliminary plat review by the Planning and Zoning Commission, and (3) a final plat review by the City Council all corresponding to the subdivision review procedures of the City of Aspen. At each stage the applicant shall present plans,written state- ments,and related information in sufficient detail to enable the Plan- ning Commission and the City Council to evaluate the proposed develop- ment in accordance with the provisions of this Article. In addition to the information required by this Article, the Planning and Zoning Commission or City Council may require such additional information as it may deem necessary. At the culmination of each phase as set -6- RECORD OF PROCEEDINGS 100 Leaves forth herein, the applicant must receive the necessary approvals prior to formally proceeding onto subsequent phases or into actual development. Lack of sufficient and continuous progress as defin- ed herein will result in the nullification of all approvals by the Planning and Zoning Commission or City Council. Upon final approval, the applicant and City Council shall enter into an agree- ment (which agreement may be the same as the subdivision agreement) binding the real property to those conditions imposed on the final development plan. 24-8.7 Conceptual Presentation - P & Z Review PUD consideration shall be initiated by a conceptual presentation by an applicant before the Planning & Zoning Commission to be scheduled for a regular meeting of the Commission. The presentation shall reflect the proposed development for the entire ownership and shall indicate all adjacent lands owned or under option to the applicant. After conceptual review, the Planning Commission shall forward its recommendations to the City Council for its approval prior to proceeding further. At least fourteen (14) days prior to the scheduled hearing date there shall be submitted to the City Planning Office ten (10) copies of the conceptual presentation, which shall be in a mailable form. The conceptual presentation shall include: A. Materials described under Section 20-10(b) of the Municipal Code. 3. A written statement of the planning objectives to be achieved by the planned unit development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind -7- RECORD OF PROCEEDINGS 100 Leaves the assumptions and choices made by the applicant, including the specific advantages the planned unit development offers as opposed to a conventional sub- division. C. A statement of the applicant's intention with reference to future ownership of all portions of the planned unit development. D. Approximate location of structures, density, use and types of buildings and location of common open space, park and recreation areas. E. A general landscaping plan and elevations or . other architectural renderings of the proposed improve- ments which, although preliminary, are of sufficient detail to apprise the Commission of the exterior design, bulk and mass of the development and its relationship to terrain features of the site. The Planning and Zoning Commission shall review the conceptual presentation, and within thirty (30) days of such review shall forward its recommendation of approval, disapproval or approval subject to modification to the City Council. Failure of the Planning Commission to act on the conceptual presentation within thirty (30) days of its meeting shall be deemed a recommendation of approval, except that the Commission may delay action for lack of sufficient information upon which to make its decision until such information is made available. If the plan is recommended for dis- approval, reasons for such disapproval shall be stated in the minutes. If the recommendation is for approval subject to modific- ation, the nature of the required modifications shall also be indicated in the minutes. Whenever in this chapter the Commission or City Council is to state in its minutes reasons for disapproval or the modifications required for approval, and such action is -8- RECORD OF PROCEEDINGS 100 Leaves taken at a meeting where the applicant or his agent is not present, a copy of said minutes, or other appropriate written notice of such action, shall be mailed to the applicant. Whenever, further, in this chapter, some action is required to be taken within thirty (30) days, or an approval will be deemed given, any applic- ant may waive this requirement and consent to an extension of such period. 24-8.8 Conceptual Presentation - City Council Review Within thrity (30) days of receipt of the Planning Commission recommendation and at a regular meeting, the City Council shall approve, disapprove, or approve with modifications the conceptual presentation. Failure of the City Council to act within thirty (30) days shall be deemed approval except that the City Council may delay action for lack of sufficient inform- ation upon which to make a decision until such information is made available. If the plan is disapproved, reasons for such disapproval shall be stated in the minutes. If the recommendation is for approval subject to modifications, the nature of the requir- ed modifications shall also be indicated in the minutes. Approval by the City Council shall lapse unless a Preliminary Plan is sub- mitted pursuant to the provisions of Section (6) months of final conceptual approval. 24-8.9 there 24-8.11 within six Preliminary Plan - Contents Within six (6) months thereof of conceptual approval shall be submitted a Preliminary Plan of the proposed PUD. At least twenty-eight (28) days prior to a public hearing before the Planning Commission, applicant shall submit eight (8) copies of the Preliminary Plan to the City Planning Office which Plan shall be in mailable form, and a copy of which shall be forwarded to the City Parks and Recreation Department for comment on the -9- RECORD OF PROCEEDINGS 100 Leaves feasibility and desirability of the proposed landscaping. The Preliminary Plan shall satisfy the requirements of Section 20-12 of the Aspen Municipal Code. In addition: A. The Plan shall be in sufficient detail to enable the Planning Commission to evaluate the architectural, landscaping and design features of the planned unit development. The plan should show the location and floor area of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, and density per type with like informati6n supplied for the non- residential structures, including commercial facilities. B. The Plan shall include a development schedule indicating the date construction of the PUD, and/or phases of the same, will be begun and completed, includ- ing the sequence of construction and the phasing of con- struction of public improvement and recreational, park and common space areas. C. Preliminary evaluation and perspective drawings of proposed structures and improvements shall be included. -10- RECORD OF PROCEEDINGS 100 Leaves 24-8.10 Preliminary Plan - Public Hearing A. Notices of the time and place of a public hearing on a proposed preliminary plan shall be mailed, at least ten (10) days prior thereto, to the owners of land immediately adjacent to the area proposed to be developed as a PUD. ?he names and address shall have been supplied by the applicant as hereinabove provided. Public notice of the time and place of the hearing on the proposed PUD plan shall also be given by advertising the same at least once five (5) days prior to the hearing in a newspaper of general circulation in Pitkin County. B. Within thirty (30) days after the hearing on the Preliminary Plan, the Planning and Zoning Commission shall approve, disapprove, or approve the same subject to modifications. Failure of the Planning & Zoning Commission to act on this Preliminary Plan within thirty (30) days shall be deemed approval of the plan. If the plan is disapproved, reasons for said disapproval shall be stated in the minutes. If the recommendation is for approval subject to modifications, the nature of the required modifications shall be indicated in the minutes. Approval of the Preliminary Plan shall not con- stitute acceptance of the Final Plan and approval of the Preliminary Plan shall lapse unless a Final Plan based thereon is submitted within six (6) months from the date of Preliminary Plan approval. -11- RECORD OF PROCEEDINGS 1 O0 Leaves 24-8.11 Final Plan - Procedure A. The applicant shall submit to the Planning Office four (4) copies of the Final Plan and any engineering plans and supplemental material as requir- ec by Section 20-15 and 24-3.2 of the Aspen Municipal Code. The Planning Office shall refer two (2) copies of the plan, engineering plans, and additional material to the Engineering Department for review which review shall be complete within fourteen (14) days of receipt. The Final Plan shall conform to the approved Preliminary Plan and shall include all changes as required after consideration by the Planning and Zoning Commission. A copy of the Final Plan, engineering plans, and additional material shall be returned to the applicant with any discrepancies or comments noted thereon. B. After making any necessary corrections, the applicant shall submit to the City Engineer the original, and one mylar copy of the Final Plan and one set of any additional material. The applicant shall also submit to the Engineering Department ~wo(2) complete se~of the corrected engineering plans and specifications. C. Upon approval of the Final Plan by the Planning Office and Engineer, it shall be submitted to the City Council and if approved by the City Council, the Final Plan shall be recorded by the City Clerk in the Office of the of the D. Pitkin County Clerk and Recorder after payment required recording fees by the applicant. Failure on the part of the applicant to -lla RECORD OF PROCEEDINGS 100 Leaves record the Final Plan within a period of ninety (90) days following approval by the City Council shall render the Plan invalid. Reconsideration of the Preliminary Plan and Final Plan by the Planning and Zoning Commission and City Council, respectively, will be required before its acceptance and recording. 24-8.12 Final Plan - Contents The Final Plan shall conform to and contain all the information required by Section 20-15 of the Aspen Municipal Code, and, in addition, contain the construction schedule, land- scaping plan and PUD agreement provided by Sections 24-8.9 B, 24-8.9 E and 24-8.6 respectively,all of which shall be recorded. 24-8.13 Mandatory PUD %~henever the Zoning District Map designates a mandatory planned unit development district by including the letters PUD as a suffix to the classification of any district, all development shall proceed according to this Article VIII as a planned unit development unless the Planning and Zoning Commission shall deter- mine that the proposed development meets the objectives of planned unit development and therefore compliance with this Article is not necessary. In no event, however, a PUD designation notwithstanding, shall compliance with this Article be required for the construction of a single family residence on a separate lot. A. In addition to any other elements of review provided for by this Article, in areas designated mandatory PUD the allowable number of dwelling units shall be reviewed and may be reduced (but not increased) from that number allowed in the applicable zoning dis- trict on considering the following: 1. Whether there exists sufficient water pressure and other utilities to service the intended development; -12- RECORD OF PROCEEDINGS 100 Leaves 2. The existence of adequate roads to insure fire protection, snow removal and road maintenance; 3. The suitability of the site for development considering the slope, ground instability, and the possibility of mud flow, rock falls and avalanche dangers; 4. The effects of the development on the natural watershed, runoff, drainage, soil erosion and consequent effects on water pollution; 5. The possible effects on air quality in the area and city wide; 6. The design and location of any proposed structure, roads, driveways, or trails and their compatibility with the terrain; 7. Whether proposed grading will result in the least disturbance to the terrain and other natural land features; 3. The placement and clustering of structures and reduction of building height and scale to increase open space and preserve the natural features of the terrain. B. In mandatory PUD districts there shall be encouraged the clustering of buildings and row houses may be authorized. ~owever, nothing herein shall be construed to permit the construction of multifamily or apartment houses unless otherwise -13- RECORD OF PROCEEDINGS 100 Leaves permitted by the applicable zone district. 24-5.14 Common Park and Recreation Areas Minimum lot area and open space may be reduced if the PUD plan contains areas allocated for usable open space in a common park or recreation area. A reduction in minimum open space or lot area per dwelling unit shall not be permitted if such reduction would be detrimental to the character of the pro- posed planned unit or the character of the surrounding area. An area may be approved as a common park or recreation area if it meets the following requirements: A. It is to be used and is suitable for scenic, landscaping or recreation purposes; and B. It is land which is accessible and available to all occupants of dwelling units for whose use the common park area is intended. A proportionate, undivided interest in all common park and recreation areas shall be deeded in perpetuity to each lot or unit owner with- ing the planned unit development, together with a deed restriction against future residential, commercial or industrial development. 24-8.15 Architectural Review The purpose of architectural site plan review and approval is to promote the preservation of the visual character of the City, the stability of land values and investment, the public safety, and the general welfare by preventing the erection of structures or additions or alterations thereto of unsightly or obnoxious appearance or which are not properly related to their sites or adjacent uses; and further by preventing the in- discriminate clearing of property, excessive grading and the destruction of trees and scrubbery. Architectural drawings or -14- RECORD OF PROCEEDINGS 100 Leaves sketches indicating building floor plans and all exterior elev- ations of the building or other structures proposed shall be sub- mitted pursuant to the requirements of Section 24-8.9C and re- viewed at that time. In carrying out the purpose of this section with respect to the external design of the buildings, there shall be applied the following guidelines: A. It is not the purpose of this section that control of architectural character should be so rigidly enforced that individual initiative is stifled in the design of any particular building, or substantial additional expense is required; rather it is the intent of this section that any control exercised be the minimum necessary to achieve the overall objectives of this ordinance. B. Good architectural character is based upon the suitability of a building for its purposes, upon the appropriate use of materials, and upon the principles of harmony and proportion of the buildings with each other and the surrounding land uses. C. Building design should minimize disturbances to the natural terrain and maximize the preservation of existing vegetation, as well as enhance drainage and reduce soil erosion. 24-8.16 Landscaping Plan There shall be approved, as part of the final plans, a landscape plan indicating a well designed treatment of exterior spaces which measurably improves the quality of the overall project. The design objective of the plan must be clear and be supported by a written statement. The plan must provide an ample quantity and variety of ornamental -15- RECORD OF PROCEEDINGS 100 Leaves plant species that are regarded as suitable for this climate. The landscape plan should show (1)the extent and location of all plant materials and other landscape features, (2) flower and shrub bed definition, (3) proposed plant material at mature sizes and in appropriate relation to scale, (4) species and size of existing plant material, (5) proposed treatment of all ground surfaces (e.g. paving, turf, gravel, et cetera), (6) location of water out- lets, and (7) a plant material schedule with common and botanical names, sizes, quantitites and method of transplant. The City may require the applicant as a condition of final approval of a PUD Plant, to provide a guarantee for no less than one hundred twenty-five (125%) percent of the then current estimated cost of the landscaping improvements as estimated by the City Engineer to insure the installation of all landscaping shown and the continued maintenance and replacement of the same for a period of two (2) years after installation. The guarantee shall be in the form specified in Section 20-16(c) (1) of the Aspen Municipal Code, and may be with- drawn by the City as therein specified. As portions of the land- scaping improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, he shall authorize the re- lease of the agreed estimated cost for that portion of the improve- ments except that ten (10%) percent of the estimated cost shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five (25%) percent retained until the im- provements have been maintained in a satisfactory condition for two (2) years thereafter. 24-8.17 Off-Street Parking Spaces The number of off-street parking spaces in each PUD shall meet the requirements of Article IV of this Chapter 24, except that, on review, the number of off-street parking spaces may be increased or decreased in consideration of the following factors: A. The probable number of cars owned by occupants of dwellings in the PUD. -16- RECORD OF PROCEEDINGS 100 Leaves uses; C. The parking needs of any non-residential The varying time periods of use, whenever joint use of common parking is proposed. D. Available public transit and other trans- portation facilities to be supplied by the applicant; and E. The proximity of the PUD to the commercial core or recreational facilitities of the City. Whenever the number of off-street parking spaces is reduced because of the nature of the occupancy, the City shall obtain assurances that the nature of the occupancy will not change. 24-$.18 Reduction in Density for Slope Considerations In order to control development potential so as to (1) reduce wildfire, mudslide and avalanche hazard, (2) enhance soil stability, and (3) guaranty adequate fire protection access, the overall density of a planned unit development shall be reduced in areas with slopes in excess of ten (10%) percent. The slope of the land shall be measured between property boundaries (but exclud- and those wi%h 10% or less sto~e, ing undevelopable areas /if any) and ~n the direction of maximum slope, and density calculated according to the following formula: A. 1-10% slope: density shall be that allowed in the existent zone district; B. 11-40% slope: density shall be that provided for in the applicable zone district based on a recal- culated lot size that results from deducting 1,000 square and feet of the tract for each percentage over 10%; C. Slopes in excess of 40% shall be considered -17- RECORD OF PROCEEDINGS 100 Leaves 24-8.19 for development only upon receipt of the approval of the Planning Commission. Open Space and Common Facilities Maintenance Agreement A. Applicants shall submit a legal instrument or instruments setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas and communally-owned facilities and private streets. The same shall be submitted to the City Attorney and shall not be accepted until approved by the City Attorney as to legal form and effect. The same shall then be for submitted to the City Council at the time of Final' Review/ approval as to suitability for the proposed use and main- tenance of open areas. If the common open space is deeded to a homewoners' association, the applicant shall file the proposed documents governing the association. Such documents shall meet the following requirements: 1. The homeowners' association must be established before any residences are sold. 2. Membership in the association must be mandatory for each residence owner. 3. Open space restrictions must be permanent and not for a period of years. 4. The homeowners association must be made responsible for liability insurance, taxes and maintenance of recreational and other facilities. 5. The association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of oper- ating and maintaining common facilities. 6. The governing board of any such association shall consist of at least five (5) members who -18- RECORD OF PROCEEDINGS 100 Leaves shall be owners of property in the planned unit development. B. In the event the organization established to own and maintain common open spaces, recreational areas, communally-owned facilities and private streets or any successor organization, shall at any time fail to main- tain the common facilities in reasonable order and condition in accordance with the approved plan, the City Council may cause written notice to be served upon such organization or upon the owners of property in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable condition, which notice shall include the demand that the deficiencies noted be cured within thirty (30) days thereafter and shall state the date and place of hearing to be held within fourteen (14) days of notice. At the time of hearing, the City Council may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City Council, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of one (1) year. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before -19- RECORD OF PROCEEDINGS 100 Leaves expiration of such year, the City Council shall, upon its own initiative or upon the written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the planned unit development. At such hearing, the organization responsible for mainten- ance and/or the residents of the development may show cause why maintenance by the City of Aspen should not be continued for the succeeding year. If the City Council determines that it is not necessary for the City to continue such maintenance, the City shall cease such maintenance at the time established by the City Council. Otherwise, the City shall continue maintenance for the next succeeding year, subject to a similar hearing and determination at the end of each year thereafter. The cost of maintenance by the City shall be a lien against the common facilities of the planned unit development and the private properties within the development. The City Council shall have the right to make assessments against properties in the develop- ment on the same basis that the organization responsible for maintenance of the facilities could make such assess- ments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general pro- perty taxes. -20- RECORD OF PROCEEDINGS 100 Leaves 24-8.20 Adherence to Completion Schedule If an applicant does not begin or substantially com- plete the planned unit development, or any stage of the planned unit, in the sequence and within the time imposed by an approved construction schedule, the Planning Director shall review the planned unit and may recommend to the City Council that the approval of the planned unit be revoked, or that the planned unit be amended to accommodate a new sequence of construction or time schedule. Any extension or amendment shall be pursuant to the authority and procedure of Section 24-8.26B. Revocation of approval shall be made only by the City Council and notice of the same shall be made of record in the Office of the Pitkin County Clerk and Recorder. 24-8.21 Notice of PUD Designation Subsequent to final approval there shall be filed in the Clerk and Recorder's Office of Pitkin County, Colorado, the following notice: "l~otice of PUD Designation PLEASE TAKE NOTE that on the day of , 197__, the City Council of Aspen, Colorado, approved development on the following described tract as a Planned Unit Development pursuant to the provisions of Article VIII of Chapter 24 of the Aspen Municipal Code. No development shall occur on the tract except in accordance with such plan and under any conditions that may be imposed thereby. The above referred to land is located within the City of Aspen, Pitkin County, Colorado, and is more fully described as follows: (Insert Legal Description) A copy of the Planned Unit Development Plan is of -21- RECORD OF PROCEEDINGS 100 Leaves record in the office of the Pitkin County Clerk and Recorder. City Clerk STATE OF COLORADO ) )ss.: COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 197__, by , City Clerk. Witness my hand and official seal. My Commission expires: Notary Public 24-$.22 Effect of Recordation After final approval of a PUD, the Zoning District Map shall be amended to show a PUD designation for the site. All PUD plans shall be recorded in the Office of the Pitkin County Clerk and Recorder and be binding upon the applicants therefore, their successors and assigns; shall constitute the development reg- ulations application to the PUD area; shall limit the development of the real property to the uses, density, configuaration, and all other elements and conditions set forth in the plan, and shall limit and control the issuance and validity of all zoning permits and certificates of occupancy for improvements thereon. 24-8.23 Enforcement of Plan Provisions A. To further the mutual interest of the residents, occupants and owners of a planned unit development and of the public in the preservation of the integrity of the plan, the provisions of the plan relating to the use of land and the location of common open space shall run in favor of the City of Aspen and shall be enforceable at -22- RECORD OF PROCEEDINGS 100 Leaves law or in equity by the City without limitation on any power or regulation otherwise granted by law. B. All provisions of the plan shall run in favor of the residents, occupants, and owners of the planned unit development, hut only to the extent expressly provided in the plan and in accordance with the terms of the plan, and, to that extent, said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by residents, occupants, or owners act- ing individually, jointly, or through an organization designated in the plan to act on their behalf. How- ever, no provisions of the plan shall be implied to exist in favor of residents, occupants, and owners except as to those provisions of the plan which have been finally approved. C. All those provisions of the plan authorized to be enforced by the City may be modified, removed or or released by the City subject to the following: 1. No modification, removal or release of the provisions of the plan by the City shall affect the rights of the residents, occupants, and owners of the planned unit development to maintain and enforce these provisions at law or equity as provided in Subsection A of this section. 2. No modification, removal, or release of the provisions of the plan by the City shall be permitted except upon compliance with the requirements of Section 24-8.26. -23- RECORD OF PROCEEDINGS 100 Leaves 3. Residents and owners of the planned unit development may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the City to enforce the same. 24-8.24 Withdrawal of Plat All plans recorded by virtue of the provisions of this Article VIII may be withdrawn, either partially or wholly, from recording if all land and structures remaining under such plan can be made to comply with all conditions and limitations of such plans, and all land and structures withdrawn from such plans can be made to comply with all land use regulations established by the Municipal Code of the City of Aspen, or other ordinances of the City, and unrelated to any PUD plan. 24-8.25 Resubdivision and Resale A Planned Unit Development may be resubdivided for pur- poses of sale and/or lease provided that if the resubdivision will create a new plat line or create additional or different condomin- ium units, that the requirements for subdivision regulation, Sections 20-1 et seq. of the Aspen Municipal Code, must be complied with. Any such resubdivision may be approved if it does n0% increase the dwelling unit density of the PUD, does not change any elements of the PUD Plan, and is in compliance with the standards for planned unit developments as provided in this Article VIII. 24-8.26 Amendment of the PUD Plan A. Minor changes in the location, sizing, height and siting of buildings and structures may be authorized by the Planning Director without additional public hearings, if required by engineering or other -24- RECORD OF PROCEEDINGS 100 Leaves circumstances not foreseen at the time the final plan was approved. The Planning Director shall not approve any of the following changes: 1. A change is the use or character of the development. 2. An increase in the overall coverage of structures. 3. An increase in the problems of traffic cir- culation and public utilities. 4. A reduction by greather than three (3%) per- cent of the approved open space. 5. A reduction by greater than one (1%) per- cent of the off-street parking and loading space. 6. A reduction in required pavement widths or rights-of-way for streets and easements. 7. An increase of greater than two (2%) percent in the approved gross leasable floor areas of commer- cial buildings in either residential or commercial planned unit developments. 8. An increase by greater than one (1%) percent in the approved residential density of the proposed development. B. All other changes in use or rearrangement of lots, blocks and building tracts, or any changes other than listed above, may be made only by the City Council after review and recommendation by the Planning and Zoning Board. Such amendments shall be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedures estab- -25- RECORD OF PROCEEDINGS 100 Leaves lished for the filing of the initial approved plan doc~ents. 24-8.27 Fees for PUD Processing ~o fees, other than those imposed for Subdivision review in Section 20-20 of the Aspen Municipal Code shall be ~posed by reason of the submission and processing of a PUD application." Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalid- ity shall not affect other provisions or applications of the ordin- ance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 3 That a public hearing be held on this ordinance on January 12 , 1975, at 5:00 p.m. in the City Council Ch~bers, City Hall, Aspen, Colorado, and that public notice of such hearing be given once in a paper of general circulation within the City fifteen (15) days prior to such hearing. INTRODUCED, ~AD MD O~ERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held December 22 , 1975.~ ATTEST: STACY/STANDLEY~I, MAY~R KATH N S. ELIZABETH M. KLYM,-DEPUTY CITY CLERK ~ - FINALLY ADOPTED AND APPROVED ON~ /~ , 197~. STACY S DLEY III, MAMAYg~ ATTEST: :~II, KATHRYN~.'~UTER, CITY CLERK -26- RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss. CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on _,~ reading at a regular meeting of the City Council of the City of Aspen on ~~ ~ , 197~, and published in the~Aspen Times, a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of ~L~j ~c~-- , 197~'.~- and was of the City Council on and ordered published as Ordinance No. _~_~_~, 197~___, of said City, as provided by law. finally adopted and approved at a regular meeting , 197,~., Series of IN WITNESS WHEREOF, and the seal of said City of Aspen, day of ~ , !97~,. I have hereunto set my hand Colorado, this Kathry~//~. Hauter City CIerk