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HomeMy WebLinkAboutordinance.council.050-04 ORDINANCE NO. 50 (SERIES OF 2004) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THREE GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS, VACATION OF A PORTION OF RACE STREET, AND A FOURTEEN LOT SUBDIVISION TO BE KNOWN AS THE FOX CROSSING SUBDIVISION ON LAND LOCATED BETWEEN LONE PINE ROAD AND RACE ALLEY BETWEEN WALNUT STREET AND RACE STREET, 557 RACE ALLEY AND VICINITY, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: Griffith Lot #1 - 2737.073.91.001 Griffith Lot #2 - 2737.073.91.002 Railroad Parcel - 2737.073.00.020 North Cabin plus Historic House - 2737.073.00.021 & 2737.073.00.022 South Cabin plus New House - 2737.073.00.023 & 2737.073.00.024 Vacated Walnut Street - 2737.073.00.026 Bennis Property - 273707300045 Garage Parcel - 2737.073.03.030 WHEREAS, the Community Development Department received an application from Walnut Properties, LLC, represented by Stan Clauson and Associates, requesting approval of a Subdivision, including Lot Split approvals and Lot Line Adjustment approvals, Growth Management Quota System (GMQS) Exemptions, and amendments to the City of Aspen Land Use Code for a fourteen lot subdivision, one lot proposed as a park and thirteen lots for development, situated between Lone Pine Road and Race Alley and between Walnut Street and Race Street, as depicted in attachment A; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, City Parks, Building Department, Fire District, and the Water Department as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the application and recommended approval with a series of conditions; and, WHEREAS, pursuant to Section 26.470 (Growth Management Quota System Exemptions) and Section 26.480 (Subdivision) approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, the Planning and Zoning Commission found that the development review standards for Growth Management Quota System (GMQS) Exemptions, Ordinance No. 50, Series of 2004. Page 1 Subdivision approval, have been met, as long as certain conditions, as listed hereinafter, are implemented; and, WHEREAS, during a regular meeting on October 12, 2004, and continued to November 2, 2004, and continued to November 16, 2004, and continued to November 30, 2004, and continued to December 7, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and recommended City Council approve the Growth Management Quota System (GMQS) Exemptions, Subdivision, (and associated amendments to the Land Use Code) by a five to zero (5-0) vote, with the findings and conditions listed hereinafter; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the Traffic Safety Advisory Committee and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds the application meeting or exceeding all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Subdivision Approval The Fox Crossing Subdivision shall consist of the following lots: Fox Crossing Lot #1 Fox Crossing Lot #2 Fox Crossing Lot #3 Fox Crossing Lot #4 Fox Crossing Lot #5 Fox Crossing Lot #6 Fox Crossing Lot #7 Fox Crossing Lot #8 Fox Crossing Lot #9 Fox Crossing Lot #10 Fox Crossing Park Parcel Lot size = 10,331 sf Lot size = 7,510 sf Lot size = 6,010sf Lot size = 6,010 sf Lot size 6,016 sf Lot size = 6,068 sf Lot size - 6,007 sf Lot size = 6,749 sf Lot size - 6,945 sf Lot size = ll,631sf Lot size = 9,044 sf Ordinance No. 50, Series of 2004. Page 2 SILVIA DRVIS P]TKIN COUNTY CO R 81.00 O 0.00 Fox Crossing Lot #11 (a.k.a. Griffith #1) Fox Crossing Lot # 12 (a.k.a. Griffith #2) Fox Crossing Lot #13 (a.k.a. Griffith #3) Lot size = 9,849 sf Lot size = 7,500 sf Lot size = 15,065 sf These lot sizes may vary slightly and the final subdivision plat shall prevail upon discrepancy. The lot designation shall be changed for the final plat to designate "Griffith" Lots 1, 2, and 3 as "Fox Crossing" Lot 11, 12, and 13, respectively. The allowable Floor Area for each parcel shall be pursuant to the R6 Zone District regulations, the Lot Area of each parcel, bonus floor area granted by the Historic Preservation Commission, and the proposed use. The Park Parcel shall have no development right other than for open space/park use. Fox Crossing Lots #5, #6, and the Park Parcel shall be designated Historic Landmark properties and subject to development review regulations of Section 26:415 of the City of Aspen Land Use Code. Fox Crossing Lots #1, #2, #10, #11, #12, and #13 may receive up to two City of Aspen Historic TDR floor area bonuses per residence, pursuant to an amendment to the Land Use Code adopted pursuant to Ordinance 48, Series of 2004. Fox Crossing Lots #5 and #6 are Historic Landmark properties and shall not be eligible for receiving TDRs. All other parcels shall be limited to one Historic TDR floor area bonus per residence. The maximum number of Historic TDRs which may be landed within the Fox Crossing Subdivision shall be limited to the total number of non-historic residences within the subdivision. Six (6) of the Lots shall be required to provide one additional parking space than otherwise required pursuant to the City's Land Use Code (minimum plus one spaces). These lots shall be specified in the Subdivision Improvement Agreement. All other lots shall be required to meet the minimum parking requirement. Section 2: Preservation of Hunter Valley Way Parcel Pursuant to the procedures for exempting development from the scoring and competition procedures of the Growth Management Quota System, Section 26.470.070 of the City of Aspen Land Use Code, and pursuant to an amendment to the Land Use Code adopted pursuant to Ordinance 48, Series of 2004, City Council hereby grants three (3) development rights to be landed within the Fox Crossing Subdivision in exchange for the preservation of the Hunter Valley Way parcel, as described in the Fox Crossing Subdivision application, with the following conditions: 1. Clear title to the Hunter Valley Way property shall be facilitated by the applicant and reviewed by the City Attorney. 2. Title to the Hunter Valley Way property shall be conveyed to the City of Aspen upon filing of the Subdivision Plat. 3. Prior to conveyance the Hunter Valley Way property shall be legally encumbered in a form acceptable to the City of Aspen that sterilizes the parcel and precludes Ordinance No. 50, Series of 2004. Page 3 development, other than that associated with the maintenance of open space and trails and the development of new trails, from occurring on the property in perpetuity. 4. There shall be conveyed an open space easement on the parcel to the Aspen Valley Land Trust or similar third party acceptable to the City of Aspen. 5. The three (3) additional residential units within the Fox Crossing Subdivision shall be required to provide affordable housing mitigation, pursuant to the requirements of Section 26.470.070.B. 6. The Hunter Valley Way parcel shall be sterilized to prevent development upon the parcel and as a result of the parcel, other than that specified herein. If Pitkin County issues transferable development rights for the sterilization of this parcel, the City of Aspen development rights issued pursuant to this Ordinance shall be considered null and void. Section 3: Growth Management Exemptions Required for Affordable Housing Replacement of existing residential units requires an exemption from Growth Management, pursuant to Section 26.470.070.B, unless the lot on which the residence is proposed is a Historic Landmark (Lots 5 and 6). The parcels granted an exemption from growth management by virtue of preserving the Hunter Valley Way open space parcel shall also be required to obtain this additional exemption. The following proposed lots shall require affordable housing mitigation, pursuant to section 26.470.070.B: Fox Crossing Lots 1, 2, 3, 4, 7, 8, 9, I0, 12, and 13. No lots within the Fox Crossing Subdivision shall be permitted to provide affbrdable housing mitigation in the form of Accessory Dwelling Units. Fox Crossing Lot #11 shall not be required to provide affordable housing mitigation, pursuant to former approvals which created the lot. Proposed Lots 7 and 10 contain existing residences and the current floor area shall be applied as a credit towards the mitigation requirement. The mitigation credit for the existing residences on Lots 7 and 10 may be reallocated to other lots within the Fox Crossing subdivisions pursuant to a letter of understanding with the City of Aspen Zoning Officer to be completed prior to the demolition of the residence on Lot 7 or 10. Section 4: Impact Fees Park Impact Fees shall be assessed based upon the following schedule: Studio residential units $1,520 per unit one-bedroom units $2,120 per unit two-bedroom units $2,725 per unit three-bedroom or larger unit $3,634 per unit In recognition of capital improvements to the City's park and recreation system constructed by the applicant, the City Parks and Recreation Department may reduce this fee commensurate with the costs of those improvements. Ordinance No. 50, Series of 2004. Page 4 School Land Dedication 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 $3,621,777 per acre from recent transactions and information from the Pitkin County Assessor. One-third of this value divided by the proposed 11 new units results in a $109,750 per acre standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Land Dedication Fees are not required for replacement dwellings and shall not be assessed to development on the following lots: Fox Crossing Lots 5, 6, 7, and 10. Development of each of the remaining lots of the Fox Crossing Subdivision shall require payment of School Land Dedication Fees according to the following schedule, payable at building permit issuance: House size 1/3 land Land Per unit Fee value per Dedication unit per acre standard (acres) One bedroom $109,750 .0012 $132 Two Bedroom $109,750 .0095 $1,043 Three $109,750 .0162 $1,778 Bedroom Four Bedroom $109,750 .0248 $2,722 Five or more $109,750 .0284 $3,117 Bedrooms Amendments to the project shall include an adjustment to this fee according to the above calculation methodology. Section 5: Water Department Standards The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and xvith applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 6: Sanitation District Standards The applicant shall comply with the following Aspen Consolidated Sanitation District rules and regulations. 1. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at the time of construction. 2. All clear water connections are prohibited, i.e. ground water, (roof, foundation, perimeter, patio drains), including entrances to underground parking garages. Ordinance No. 50, Series of 2004. Page 5 3. On-site drainage plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. 4. On-site sanitary sewer utility plans require approval by ACSD. 5. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. 6. Plaus for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. When new service lines are required for existing development the old service line must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 8. Generally 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. 9. Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line of each development. 10. All ACSD total connection fees must be paid prior to the issuance of a building permit. 11. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Section 7: Public Park and Trail The developer of the Fox Crossing Subdivision shall provide the City of Aspen Parks Department with a monetary contribution of $100,000 for improvements to Aley Park (located at the southwest corner of Spruce Street and Williams Way). This shall be payable upon filing of the Subdivision Improvement Agreement. The Parks Department shall be authorized to use these funds tbr improvements to Aley Park and improvements to park or trail facilities in the general vicinity of the Project. The Fox Crossing Park Parcel shall be conveyed to the City of Aspen upon filing of the Subdivision Plat. A public access easement shall be provided across the entirety of the Pedestrian Trail connecting the park to Race Street. The form and content of the easement shall be acceptable to the City Parks Department and the City Attorney and shall be referenced in both the Subdivision Agreement and the Subdivision Plat. Prior to filing of the Subdivision Improvement Agreement, there shall be an agreement specifying ownership, design, use, boundaries, and maintenance responsibilities ibr the park and trail Ordinance No. 50, Series of 2004. Page 6 DRVZS P]TK]N COUNTY CO R S1.O0 D O.ee reviewed and approved by City Council. Maintenance of the trail shall be at the cost of the homeowners association. This agreement shall be then appended to the Subdivision Improvement Agreement for filling. The Subdivision Improvement Agreement shall specify a construction detail tbr the proposed trail including the proposed 6-foot width and concrete surface. The Subdivision Improvement Agreement shall specify the number, location, and detail of wayfinding signage to be implemented. The applicant shall work with the City Parks Department to determine a mutually agreeable signage plan. Section 8: Construction Management Plan Prior to issuance of a building permit and prior to commencement of any site/utility work, the applicant shall submit a construction management plan for approval by the Community Development Engineer. The plan shall include the following: I. The primary construction access point shall be along Lone Pine Road. Race Street, Race Alley, Spruce Street, and Walnut Street shall not be used for contractor parking. The City requires a contractor parking area be designated along Lone Pine Road and on-site. 2. A lot, or several lots, shall be used as a construction staging area. The CMP should specify the particular lot(s) and shall specify at which point a staging area is no longer required. 3. Contractor contact information shall be provided to surrounding property owners. In the case of Hunter Creek Condominiums, contact information may be provided to the condominium association president rather than each individual owner. The intent of this requirement is for the contractor to address neighborhood concerns about construction without involving the City. Section 9: Access Infrastructure Permit: Prior to the construction any improvements, a licensed Contractoi' must obtain a City Access-Infrastructure (Aq) permit. One Contractor will be responsible for completing all infrastructure associated with the project. As part of the A-I Permit, the Contractor will be required to submit a Construction Management Plan. Section 10: Hazardous Soils: This area is partially within the Smuggler superfund site, xvhich means additional permits and institutional controls may be required for any work done on the site. (See requirements outlined in the City Code.) City Environmental Health Department - 920.5039. Section 11: Streets Race Alley/Race Street shall be designated as one-way with the direction of travel being northbound. Race Alley shall continue to be signed for no parking on either side of the street. Race Street shall be developed with a 34-foot curb-to-curb dimension and parking along both sides of the street. A six-foot-wide sidewalk/trail shall be provided adjacent to the northern section of Race Street on Fox Crossing Lot #1, connecting the park trail to Ordinance No. 50, Series of 2004. Page 7 00/20/2005 09:059 SILVIA DAVIS PITKIN COUNTY CO R 81.00 D 0.00 Spruce Street. Sidewalk connections and parking within the rights-of-way shall be provided as described in the addendum application materials from Stan Clauson Associates dated February 16, 2005. Spruce Street shall be improved ~vith a pedestrian sidewalk on at least one side of the street, and preferably both sides, between Race Street and Park Circle. The design of this right-of-way shall be undertaken by the City of Aspen and the costs of implementing a sidewalk along one side of Spruce Street shall be bourn by the Applicant and added to the subdivision improvements agreement and secured through a letter or credit, or other acceptable means, due at the time of issuance of a building permit for the first building to be used fbr implementation of a sidewalk or other enhancements to Spruce Street. Three (3) public parking spaces shall be developed by the Applicant at the northern-most portion of the Walnut Street public right-of-way adjacent to the Fox Crossing Park Parcel. Walnut Street (the public right-of-way portion) shall maintain a twenty-one foot wide clearance with no parking. In the alternative, parking may be permitted if the 21-foot wide clearance is maintained and the approval of the Fire Marshall is gained. The extension of Walnut Street to its connection with Lone Pine Road shall be developed within a 20-foot wide access easement with 16 feet of paved surface and a 2-foot stabilized shoulder on both sides. Bollards, or other physical hindrances within the rights-of-way, shall not be implemented. Section 12: Subdivision and Vacation Plat Within 180 days after final approval by City Council and prior to applying tbr a Building Permit, the applicant shall record a Subdivision and Vacation Plat which shall comply with current requirements of the City Community Development Engineer and shall include: 1. The final property boundaries, disposition of lands, the partial vacation of Race Street, the dedication of a portion of land to accommodate a turning radius between Race Alley and Race Street, and utility and surface easements. Utility easements not administered by the City of Aspen shall require approval by the particular utility provider. 2. A building envelope on Fox Crossing Lot #3 restricting development along the northwest portion of the lot. 3. Reference to the public easement across the Park Parcel and Pedestrian Trail. 4. A phasing plan describing the sequence of development phases and the improvements for each phase. The City encourages the applicant to perform any overlot grading and utility main work in the first phase. 5. Design specifications and profiles for improvements to the public rights-of-way including geometries and turning radii. Ordinance No. 50, Series of 2004. Page 8 0B/20/2005 09:05P SILVIA DAVIS PITKIN COUNTY CO R 81.00 D 0.00 6. A landscape plan showing location, amount, and species of landscape improvements. An irrigation plan for the park parcel shall be included with a signature line for the City Parks Department. 7. A utility plan meeting the standards of the City Engineer and City utility agencies. Utility mains not administered by the City of Aspen shall require approval by the particular utility provider. Fire hydrant(s) locations shall be identified. 8. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge systems are required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvements shall be done in coordination with the City Engineer. 9. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. Section 13: Subdivision Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: 1. The agreement shall state the ownership and maintenance responsibilities of the common areas of the project, including common driveways and drainage improvements. 2. The Public Facilities Guarantee shall also include the costs of implementing a sidewalk along one side of Spruce Street and shall be used for improvements to Spruce Street as determined appropriate by the City of Aspen. 3. A public access easement and ownership, use, boundary, maintenance agreement for the Park Parcel and Pedestrian Trail, and construction detail as specified in Section 7. 4. A Construction Management Plan, as specified in Section 8. 5. In order to secure the construction, installation, and performance of the of public improvements and facilities, including drainage improvements and landscape improvements for each phase, the required performance guarantees shall include and secure the estimated costs of all phases of the development. Section 14: Fire Department Requirements Sprinkler and fire alarms are required throughout all of the newly constructed residential buildings. The person that designs the sprinkler and alarm systems is required to meet Ordinance No. 50, Series of 2004. Page 9 SILVIA DAVIS PITKIN COUNTY CO ;~ 81.00 D 0.00 with the Fire Marshall before starting design. It needs to be confirmed that adequate water volume and pressure exists for the sprinklers. Section 15: Building Permit Requirements The building permit application shall include/depict: 1. A signed copy of the final Ordinance granting land use approval. Fox Crossing Lots 5, 6, and the Park Parcel shall require Final Approval from the Historic Preservation Commission. 2. A letter from the primary contractor stating that the approving Ordinance has been read and understood. For Fox Crossing Lots 5, 6, and the Park Parcel, this letter shall also confirm an understanding of the Final HPC approvals 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A tree removal/mitigation plan for any trees to be affected by the specific phase. 6. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division will also be necessary due to the property being in excess of 1 acre. 7. A study performed by a Colorado licensed asbestos inspector detailing the presence of asbestos. The State of Colorado must be notified and the report must be complete prior to issuance of a building permit. Contact the City of Aspen Environmental Health Department for state contact information. 8. If the disturbance area of a particular phase of development is over one acre, the Contractor will need to obtain a State Storm Water Management Permit (for erosion control) and a State Emission Permit (for dust control). 9. A construction site management and parking plan meeting the specifications of the City Building Department Prior to issuance of a building permit: 1. All tap fees, impacts fees, and building permit fees shall be paid for the particular phase. Ordinance No. 50, Series of 2004. Page 10 SILVIA DAVIS AITKIN COUNTY CO I~ 81.00 D 0.00 The location and design of standpipes, fire sprinklers, and alarm systems shall be approved by the Fire Marshall. The Fire Department requests that sprinklers be installed in each proposed house regardless of floor area. Section 16: Fences Property boundary fences of Fox Crossing Lot 5 and Lot 6 which border the Fox Crossing Park parcel shall be developed no higher than 42 inches and shall be subject to the procedures and requirements of Chapter 26.415 - Development Involving Historic Landmark Sites and Structures. All fences xvithin the Project shall be designed to be "wildlife-friendly" as specified in the Pitkin County Land Use Code. (Contact Pitkin County Planning Department for these specifications.) Section 17: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance ora development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, 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 developmem 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 right, 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: Fox Crossing Subdivision Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and the Fox Crossing Park Parcel. Section 18: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Planning and Zoning Commission, or 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 19: 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. Ordinance No. 50, Series of 2004. Page 11 Section 20: 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 thereofi Section 21: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 22: A public hearing on the Ordinance was held on the 24th day of January, 2005, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 23: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by la~v~ by the City Council of the City of Aspen on the 13th day of December, 2004. Attest: Kathryn S. K~cl~, City Clerk FINALLY, adopted, passed and approved this 14~h day of March, 2005. Attest: Kathryn S. K~/~; City Clerk Approved as to form: ~.John Worcester, City Attorney Attachment A - Existing Property Map Attachmcnt B Proposed Subdivision Boundary Map Bendon C:\home\Current Planning\CASES\Fox Crossing\Ordinance50-subdivision.doc Ordinance No. 50, Series of 2004. Page 12 F Z Z Ld I I I I I 5ILVIA DAVIS PITKIN COUNTY CO I I I I I 511408 Page: 19. of' 16 06/20/2005 0g:0 R 81.00 D 0.00 uotsntpqns. . ~utsso.~3 xo~I ~.~ ......... U~Id :luomdOlOaO~] E Page: 15 o~r 08/20/2005 09:05A SILVIA DAVIS PITKIN COUNTY CO R 81.00 D 0,00 DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: Walnut Property, LLC, Walnut Property II, LLC, Walnut Property III, LCC. C/O Camilla Auger, 709 North Spruce Street, Aspen, CO 81611. 970.544.0475. Legal Description and Street Address of Subiect Property,: Fox Crossing Subdivision, located within the City of Aspen, Pitkin County, Colorado. Located in the vicinity of Lone Pine Road, Race Alley, Race Street, and Walnut Street. Street Addresses to be determined. Written Description of the Site Specific Plan and/or Attachment Describing Plan: The City Council approved development of a multi-unit residential subdivision more precisely described in Ordinance No. 50, Series of 2004, and depicted on a final Subdivision plat to be filed with the Pitkin County Clerk and Recorder. Land Use Approval Received and Dates: City Council Ordinance No. 50, Series of 2004, 2005. attached, approved March 14, Effective Date of Development Order: May 8, 2005 (Same as date of publication of notice of approval.) Expiration Date of Development Order: May 8, 2008. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 26th day of April, 2005, by the City of Aspen Community Development Director. Chris Bendon, AICP Community Development Director City of Aspen APPROVED Page: 16 of 06/20/2005 0g:05~ SILVIA DAVIS PITKIN COUNTY CO R 81.00 D 0.00 ~PR g 6 ~005