HomeMy WebLinkAboutordinance.council.047-04AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A COMBINED CONCEPTUAL/FINAL PLANNED
UNIT DEVELOPMENT, SUBDIVISION, GROWTH MANAGEMENT QUOTA
SYSTEM (GMQS) EXEMPTION, AND AMENDMENTS TO THE OFFICIAL
ZONING MAP FOR THE STAGE ROAD SUBDMSION/PUD, CITY OF ASPEN,
PITI(IN COUNTY, COLORADO.
Parcel ID: 2737-073-00-854
WHEREAS, the Community Development Department received an application
entitled, Stage Road PUD/Subdivision, Final Submission, revised 9/28/04, from Bar/X
Ranch LLC (Applicant), represented by John Lifton, requesting approval of a Final
Planned Unit Development (PUD), Subdivision, Growth Management Quota System
(GMQS) Exemptions, and an Amendment to the Official Zoning Map to develop the
Stage Road PUD/Subdivision; and,
WHEREAS, the application submitted for the Stage Road PUD/Subdivision
proposes development of twelve (12) free market units, twelve (12) accessory dwelling
mits, one (1) Ranch Manager's dwelling, one (1) cabin, and the ability to increase the
size of the four (4) existing structures on the Fathering Parcel, a 21.5 acre parcel for
affordable housing, development of private roads, and development of ancillary
improvements; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Building
Department, Fire District, Streets Department, the Aspen/Pitkin County Housing
Authority, Environmental Health Department, Parks and Recreation Department, and the
Water Department as a result of the Burlingame Ranch COWOP Task Force meetings;
and,
WHEREAS, the Community Development Department along with said referral
agencies reviewed thc Final Planned Unit Development (PUD), Growth Management
Quota System (GMQS) Exemptions, Subdivision, and Amendment to the Official Zoning
Map and recommended approgal with conditions; and,
WHEREAS, pursuant to Land Use Code Section 26.310, Amendment to the
Official Zone District Map, Section 26.445, Final Planned Unit Development, Section
26.470, Growth Management Quota System Exemptions, and Section 26.480,
Subdivision, City Council may grant approval of the development request after
considering a recommendation from the Community Development Director, the COWOP
Task Force Team, and after considering public comment at a duly noticed public hearing;
and,
WHEREAS, the Applicant and City have previously entered into a pre-
annexation Agreement, execut~ on May 21, 2001 for the Applicant's property known
as the Bar/X Ranch; and a First Amendment to Pre-Annexation Agreement dated
December 17, 2001; a Second Amendment to Pre-Annexation Agreement executed by
Stage Road Subdivision/PUD
Ordinance No. ,2004 Page 1
the City on February 19, 2003; and, a Restated and Amended Pre-Annexation
Agreemen! dated January 16, 2004; and a Fourth Amended and Restated Pre-
Annexation Agreemem, (collectively, the "Prior Agreements"); 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
COWOP Task Force Team, and has taken and considered public comment at a duly noticed
public heahng; and,
WHEREAS, the City Council finds that the development proposal meets or
exceeds 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:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves a Planned Unit Development, Subdivision, GMQS
Exemptions, to develop the Stage Road Subdivision/PUD consisting of twelve (12) free
market units, twelve (12) accessory dwelling units, one (1) Ranch Manager's dwelling,
one (1) cabin, and the ability to increase the size of the four (4) existing structures on the
Fathering Parcel, a 21.5 acre parcel for affordable housing, private roads, and ancillary
improvements, with the following conditions:
Section 1: Subdivision Plat & Final PUD Plans.
Within 180 days after final approval by City Council and prior to applying for a Building
Permit on any of the structures within the subdivision, thc Applicant shall record a
Subdivision Plat and a Final PUD Development Plan.
The Subdivision/PUD Plat shall comply with current requirements of the City Community
Development Engineer and shall include:
1. The final property boundaries, disposition of lands, and utility and surface
easements.
2. Reference to the access easement and any trail easements from adjoining property
owners.
3. The areas reserved for future easements to be granted to the City for the placement
of the utilities. Once the exact locations of utilities is known, easements shall be
granted, twenty-feet in width for deep utilities and ten feet in width for shallow
utilities, along their as built location and as specified in the water service
agreement with the City. Areas reserved on the final plat for these easements
which are larger than these widths shall be vacated.
The location of utility pedestals with access easements for the utility provider.
Stage Road Subdivision/PUD
Ordinance No. ,2004
Page 2
5. 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 building permits
on any of the lots within the subdivision. The final building location data, including
any amendments, shall be provided to the GIS Department prior to issuance of a
Certificate of Occupancy.
The Final PUD Plans shall include:
1. An illustrative site plan with adequate snow storage areas and/or snow melted areas
depicted. Approved project dimensions shall be printed on the final illustrative plan.
2. A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan..
3. A utility plan meeting the standards of the City Engineer and City utility agencies.
4. 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 system is required, a soil
percolation report will be required to correctly size the facility. A 5-year storm
frequency should be used in designing any drainage improvements. Off-site
improvement shall be done in coordination with the City Engineer.
5. The following dimensional requirements of the PUD are approved and shall be
printed on the Final Illustrative Plan:
Twelve (12) free market units, twelve (12) accessory
dwelling units, one (I) Ranch Manager's dwelling, one
(1) cabin, and the ability to increase the size of the four
Maximum Allowable Density/Lots (4) existing structures on the Fathering Parcel, Cultural
Use Lot, a21.5 acre parcel for AH, development of
private roads, and development of related
improvements
Minimum Front Yard Setback Per Approved Building Envelopes
Minimum Side Yard Setback Per Approved Building Envelopes
Minimum Rear Yard Per Approved Building Envelopes
30 feet measured from existing grade to the highest '
Maximum Height. point of the structure
7,500 square feet that may be increased to I 0,000
square feet with the purchase and extinguishment of a
Single-family Lots Allowable Floor Area Pitkin County TDR or payment into the Housing or
Open Space Fund.
15,000 square feet for all residences on the parcel with
the exception of the cabin. May be increased to
18,000 square feet with purchase and
Fathering Parcel Allowable Floor Area extinguishment of two (2) Pitkin County TDR's.
Cabin shall have an allowable FAR of 1,500
square feet.
Two (2) parking spaces for each single-family
Minimum Off-Street Parking Spaces residence and one space for each ADU.
Stage Road Subdivision/PUD
Ordinance blo. ,2004 Page 3
Section 2: Subdivision/PUD Agreement.
Within lg0 days after final approval by City Council and prior to applying for Building
Permit on any of the structures within the Subdivision, the Applicant shall record a
Subdivis~on/pLrD 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.
2. A Construction Management Plan (CMP) acceptable to the Community
Development Engineer.
Section 3: Building Permit Requirements.
The building permit.applications shall include/depict:
1. A signed copy of the final ordinance.
2. The conditions of approval shall be printed on the cover page of each building
permit set applied for within the development.
3. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of any
removed trees. Tree removal permit applications shall be accompanied by a
detailed landscape plan indicating which trees are to be removed and new
plantings proposed on the site.
4. A 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 system is required, a soil percolation
report will be required to correctly size the facility. A 5-year storm frequency
should be used in designing any drainage improvements.
5. A fire sprinkler system plan showing that all residences are sprinklered with a
system that meets with the requirements of the Fire Marshal.
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 construction sites within the subdivision, and the ability to request
additional measures to prevent a nuisance during construction. The developer of
each of the lots shall submit a fugitive dust control plan for review by the City
Environmental Health Department.
7. A construction site management and parking plan meeting the specifications of
the City Building Department.
8. Prior to issuance of building permit for each of the residences within the
subdivision: The primary contractor on each lot shall submit a letter to the
Community Development Director stating that all conditions of approval have been
read and understood. All tap fees, impacts fees, and building permit fees shall be
paid. If an altemafive agreement to delay payment of the Water Tap and/or Parks
Impact fee is finalized, those fees shall be payable according to the agreement.
Stage Road Subdivision/PUD
Ordinance No. ,2004 Pa§e 4
Section 4: Rezoning to Affordable Housin~Pianned Unit Development (AH/PUD)~
Public (PUB) with Specially Planned Area (SPA) and Conservation (C).
The Official Zone District Map of the City of Aspen shall be, upon the filing of the
Subdivision plat and Final PUD Plans, amended by the Cormnunity Development
Director to reflect the zone districts and areas a~ shown in Exhibit A, Stage Road
Subdivision Zoning Map, revision dated 9/7/04, as attached. Thc detailed description of
development of the Cultural Use Area uses and any restrictions or conditions
concerning them shall be determined and established in a subsequent PUD and SPA
review.
Section 5: Development Approved.
1. Approved Lots. The development approves a total of 12 free market lots, one
Fathering Parcel lot (known as Lot F) with 4 existing residential units, including
agricultural lands; a Ranch Manager's Re Lot of 1 residential unit, one Cabin lot near
Maroon Creek including conservation lands, and a Cultural Use lot. An additional parcel
consisting of approximately 21.5 acres, is subdivided and shall be conveyed by warranty
deed by the Applicant to the City of Aspen following the recording of a subdivision plat.
Such conveyance shall be designated for the affordable housing component of this
70/30% AH/PUD development project and will be developed by the City of Aspen.
2. Free Market Lots - FAR. The allowable floor area of houses, exclusive of
accessory buildings, on each of the 12 lots shall be 7,500 square feet. The allowable floor
area of each house may be increased to 10,000 square feet with the purchase and
extinguishment of one Transferable Development Right ("TDR") as such TDR's are
established under the Pitkin County Land Use Code, from sending sites located within the
Metro Area of Pitkin County ([ands that drain through the Roaring Fork River at
Gerbazdale) and said TDR shall allow for 2,500 square feet of additional allowable floor
axea; provided, however, that the City Council approves the specific TDR to be used for
this purpose. The floor area shall be measured by using the City floor area regulations tbr
square footage inclusions and exclusions as calculated under the City code provisions in
existence on June l, 2000. In lieu of providing the TDR, a payment in the amount of
$240,000.00 plus an annualized increase in said amount of 3% computed beginning on
the first anniversary of the date of recording the Plat, may be made to the City's Housing
or Open Space Fund at the sole discretion of the City in order to increase the allowable
sizes of the houses up to the maximum stated herein.
3. Free Market Lots - Building Envelopes, Landscaping, etc. Building envelopes for
the free market lots are as shown on the Composite Plansheet of the application.
Amendments to the building envelopes will be handled pursuant to the City of Aspen
Land Use Code. All urban landscaping shall be limited to occur within 100 feet of
building exteriors. Landscaping, ponds, fences, and ranch, farming, equestrian and
recreational uses and accessory structures associated with equestrian activities shall be
allowed omside of building envelopes on all lots. The remainder of the land within
specific lots, but outside of building envelopes shall be subject to protective covenants
that limit its use to agricultural, equestrian, recreation, or open space uses or otherwise
Stage Road Subdivision/PUD
Ordinance No. ,2004 Page 5
incorporated into ranch me. All lands that are subject to the protective covenants shall be
limited to the above uses or shall be required to remain in their natural vegetative state.
The term "natural vegetative state" may include the introduction of indigenous plant and
tree species as approved by the Community Development Department.
4. Accessory Dwelling Units. Each of the Free Market Residences approved herein,
shall include an Accessory Dwelling Unit (ADU) with a minimum of 600 square feet and
a maximum of 1,000 square feet. Each ADU required to be constructed shall be
consn'ucted at the same time as the construction of the house of the Free Market
Residence to which it is attributable. The ADU's shall be subject to the occupancy
requirements and allowances of the City's ADU regulations in effect on June 1, 2000.
The square footage of the ADU's shall not be included in the calculation of square
footage for the free market units. Ihe ADU's may be either attached to the main
residence or may be detached. The requirement to build an ADU may be exempted with
the purchase and extinguishment of a Transferable Development Right (TDR) from
Pitkin County or by a payment-lieu thereof in the same manner as for Free Market Units
as set forth in Subsection 4 above. (Each purchase and extinguishment of a TDR shall be
designated for use as either an exemption of the requirement to build an ADU or to
increase FAR.)
5. The Fathering Parcel. The Fathering Parcel (those parcels designated as "Lot F"
on the Composit Plansheet in tha application) is currently developed with four (4)
residential units. Lot F can be redeveloped with a total maximum number of four (4)
residential units and one cabin. (The cabin is addressed in Subsection 6, below.). Through
this ordinance, Lot F is approved to be subdivided into separate parcels: one for genoral
residential Ranch Complex uses, one for the Ranch Manager's RO Lot, one for the Cabin
Site and one for the Cultural Use Area. The allowable floor area for the four (4)
residences on the Fathering Parcel shall be a total of 15,000 square feet for a main
residence and up to three (3) other residences. Th~ total FAR of 15,000 square feet may
be increased to a total of 18,000 square feet with the purchase and extinguishment of two
(2) TDR's from Pitkin County which for purposes of this paragraph shall each allow 1500
square feet of additional allowable floor area, or at the option of the lot owner, a payment-
in-lieu for each TDR in order to increase the allowable sizes of the houses up to the
maximum stated herein. The total FAR may be divided among the four (4) houses at the
option of Applicant. Floor areas shall be measured by ming the City floor area regulations
for square footage inclusions and exclusions as of June 1, 2000. All non-residential ranch
buildings shall be excluded in the calculation of permitted floor area. However,
enlargements to non-residential ranch buildings shall require approval by the City
Council as a PUD Amendment. City acknowledges and agrees that the rights granted
hereby for development on the Fathering Parcel are exempt from the City's GMQS due to
the extent of the lawful pre-existing development and residential uses on the -/X Ranch,
which has '~grandfathered" legal status under current Pitkin County Zoning and pursuant
to the provisions of the AH/PUD Zone. Notwithstanding the above, if any existing
residential unit on the Fathering Parcel is replaced with a new unit that exceeds 4,000
square feet in area, then, as described in Subsection 4 above, an ADU shall be either
constructed or be exempted by the purchase and extinguishment of a TDR from Pitkin
Stage Road Subdivision/PUD
Ordinance No. ,2004 Page 6
County or by the cash in lieu payment as provided in Subsection 2 above, in the same
manner as for other Free Market Units.
6. The Cabin. The Cabin proposed for the Cabin Sit~ of Lot F shall have a
maximum allowable floor area of 1,500 square feet. The floor area shall be measured by
using the City floor area regulations for square footage inclusions and exclusions as of
June 1, 2000. The right to build a cabin shall be subject to Applicant being able to satisfy
reasonable requirements for the provision of fire and emergency services; provided,
however that due to the desire to avoid direct, year round, road access to the cabin,
alternative access such as via a stairway or funicular will be permitted and in such case
the cabin shall be sprinklered, a fire hydrant, hoses and other non-vehicular fire fighting
equipment shall be placed at or near the cabin and the Applicant shall execute a waiver
and release of claims in favor of the City and all emergency service providers for any
injuries, death, or property damage which may occur due to the absence of a year round
road to the cabin.
7. The Cabin - Additional Restrictions. The site of the cabin shall be subject to Sec.
26.435.040 of the City of Aspen Land Use Code or any other provisions of said Code
related to aesthetics, wildlife migration corridors, trail development, river impacts and
other similar matters and where necessary, approved by the Planning and Zoning
Commission pursuant to the above referenced section..The Applicant understands that
construction of the cabin may cause unreasonable disturbance to wildlife during certain
times of the year. The lot containing the cabin shall be burdened with restrictive
covenants that (i) if approved by the Fire Marshall, prohibit the construction of a future
access road to the cabin site; (ii) limit lighting of the cabin to periods of time when it is
occupied; (iii) prohibit dogs on the cabin site at all times; and (iv) limit exterior
construction to the months of July through September of each year. Following the
construction of the cabin, the Applicant shall be responsible for the complete restoration
of any construction access roads or utility access easements required during construction.
8. Ranch Manager's RO Lot.
The Ranch Managers lot is approved as a residential lot, zoned AH/PUD, contiguous to
Burlingame Village on land owned by the Applicant for a single Resident Occupied Unit.
The building envelope, floor area and other related dimensional requirements shall be
determined prior to 2"d Reading of this ordinance. This lot shall remain the property of
the Applicant, except if sold to the Ranch Manager, and shall have the fight to connect to
(1) the Burlingame Ranch AH public road system, and (2) adjoining Burlingame Ranch
AH utilities. The Applicant shall have the right to use this lot in a manner allowed by the
City of Aspen Municipal Code and the Aspen/Pitkin County Affordable Housing
Guidelines, including retaining or disposing of title provided that the lot is occupied by an
employee engaged for employment on the Bar/X Ranch. Before the recordation of the
final Plat, Applicant shall prepare for the City Attorney's review, a deed restriction
consistent with this paragraph to be recorded for this RO unit. Said RO unit shall not be
counted towards thc proposed number of units of the affordable housing component of
the project. The cost of building the RO unit shall be borne entirely by the Applicant
including the cost of any utility lines such as water, electric, cable, etc.
Stage Road Subdivision/PUD
Ordinance No. ,2004 Page 7
9. Cultural Use Lot.
The Cultural Use lot is approved as a separate 2 acre lot, zoned Public (PUB), and is
intended to provide for a muki-use complex under the established uses of the PUB zone
district. No site specific development plan for this lot is approved through this ordinance.
All of the design and dimensional requirements shall be established through a PUD
Amendment to the Stage Road Subdivision/PUD as approved by the City Council.
Section 6: Residential Design Standards.
The Design Guidelines of the Stage Road Subdivision/PUD shall apply to and guide all
residential development, except for the Cultural Use Lot which shall be. The City of
Aspen Residential Design Standards set forth in Land Use Code Section 26.410 shall not
apply to this development.
Section 7: Maroon Creek Viewplane.
Construction on the free market lots shall not impact the "Maroon Creek Viewplane" as
depicted in the application. The purpose of the Maroon Creek Viewplane is to ensure that
no rooms, decks, or lighting create an adverse visual impact as viewed from the floor of
the Maroon Creek Canyon in the area below each home site. The General Declaration of
Covenants, Conditions and Restrictions to be imposed upon the free maxket iots shall
include a covenant restriction requiring, prior to construction on any such lot, a site
specific analysis by a certified surveyor or engineer demonstrating that the proposed
construction does not impact the Maroon Creek Viewplaae. The City of Aspen shall be a
beneficiary of this covenant.
Section 8: Fencing.
All fencing in or surrounding the free market lots shall be of a design, type and material
that is approved by the Colorado Division of Wildlife as consistent with ranch operations
and which does not unreasonably impede the movement of wildlife, except that fencing
along Old Stage Road and fencing between the Free Market Component and the 20 Acre
Parcel may be installed which protects agricultural operations, including, without
limitation, the grazing of cattle and horses, and other land uses, from interference by
trespassers.
Section 9: Access~ Circulation and Streets.
Turning radii on all roads and driveways must meet the minimum standards of the Aspen
Fire District to allow for emergency access to all lots. Road widths are approved as
proposed; however, a minimum of two (2) foot wide shoulders are required on Stage
Road.
The Applicants shall amend the application and associated agreements and documents
such that no there will be no cost assignment to the adjoining property owners (Harvey
and Caudill) for future road maintenance of Stage Road. The City of Aspen will bear the
cost of only the proportional share of future road maintenance associated with any
expansion of the Harvey and Candill properties.
The City of Aspen will be responsible for maintaining Stage Road prior to the road
mair~tenance responsibility being shifted to the Stage Road Homeowner's Association.
Stage Road Subdivision/PU D
Ordinance No. ,2004 Page 8
Upon take over, the standard and quality of maintenance and road condition shall be that
commonly enjoyed by citizens of the City of Aspen and shall meet with the approval of
the City of Aspen Street Department.
Section 10: Water Department Standards.
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with applicable standards of Municipal Code Title 8 (Water Conservation and
Plumbing Advisory Code) of the As~pcn Municipal Code, as required by the City of
Aspen Water Department. Prior to 2"° Reading, the Applicant shall work with the Water
Department to establish water line locations and necessary easements.
Section 11: Sanitation District Standards.
The Applicant shall comply with the following Aspen Consolidated Sanitation District
rules and regulations. Prior to 2"~ reading, the Applicant shall work with the Sanitation
District to establish sewer line locations and necessary easements.
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.
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.
Oil and Sand separators are required for public vehicle parking garages.
Containment areas will be required for the hydraulic lift facility and generator fuel
tanks.
6. Glycol snowmelt and heating systems must have containment provisions and must
preclude discharge to the public sanitary sewer system..
7. Plans 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 thc old service line
must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements.
9. 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.
10. Permanent improvements are prohibited in areas covered by sewer easements or
right of ways to the lot line of each development.
11. All ACSD total connection fees must be paid prior to the issuance of a building
permit.
Stage Road Subdivision/PUD
Ordinance No. ,2004 Page 9
12. 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 12: Fire Department.
Sprinkler and fire alarms are required throughout all of the buildings. The person that
designs the sprinkler and alarm systems should meet with the Fire Marshall before
starting design. It needs to be confirmed that adequate water volume and pressure exists
for the sprinklers.
Section 13: Trees and Landscavin~.
The Applicant shall install tree saving construction fences around the drip line of any
trees to be saved subject to the following provisions:
The City Parks Department must be contacted to inspect this fence before any
construction activities commence; No excavation, storage of materials, storage of
construction equipment, construction backfill, foot or vehicular traffic shall be allowed
within the drip line.
The Applicant shall provide detailed landscaping plans, including seed mixes, to be used
within the development for approval by the Parks Department. Such plans shall be filed
in conjunction of the filing of the Final PUD plans.
Section 14: PM 10 Mitieation:
The Applicants shall gain approval from the Environmental Health and Streets
Departments for a suitable road surface dust suppressant. In lieu of the Applicant's
proposed shuttle van, the Applicant shall provide cash in lieu in an amount to be
determined by 2nd reading of this ordinance.
Section 15: Vested Rights.
The land use approvals and GMQS allotments received by the Applicant shall vest for a
period of twenty-five (25) years or such longer time as may be allowed under any
applicable law, regulation or court decision. The vested rights shall last for a period of 25
years after the date the final PUD and subdivision plat is recorded. Such vesting shall
apply to all the rights and entitlements set forth in the Pre-Annexation Agreement, as
from time to time amended, and the final development order for the Bar/X
Subdivision/PUD.
Section 16: Further Subdivision.
/he Bar/X Subdivision/PUD, including the Fathering Parcel, shall be deed restricted in
perpetuity against any further subdivision, except that this restriction shall not limit an
amendment to the development plan which results in residential density that is equal to or
less than the density approved through this ordinance for the final development plan.
Stage Road Subdivision/PUD
Ordinance No. ,2004 Page 10
Section 17: School Land Dedication Fees.
School Land Dedication Fees shall be assessed. Such fee is assessed based on one-third
thc value of the unimproved land divided by the proposed number of residential units on
a per acre basis, The fee will be calculated at such time as the valuation for the
subdivided free market lots is established and will be payable at the time of building
permit issuance based on the current code in place at the time.
Section 18: Park Development Impact Fees.
Park Development Impact Fees shall be assessed at the time of building permit issuance
based on the current code in place at the time
Section 19: Noise.
The Applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 7 p.m. Monday thru Saturday.
Section 20: Lighting.
All exterior lighting shall meet the City of Aspen Lighting Code pursuant to Land Use
Code Section 26.575.150, Outdoor Lighting, as may be amended from time to time.
Section 21: 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.
Section 22:
Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate
substantial compliance with the representations and drawings made and presented during
the project review.
Section 23:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing, in the
application or documentation presented before the Community Development Department,
the Planning and Zon/ng 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 24:
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 25:
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
Stage Road Subdivision/PUD
Ordinance No. ,2004 Page t 1
Section 26:
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 27:
A public hearing on the Ordinance shall be held on the l0th day of January, 2004, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
to which hearing a public notice of the same shall be published in a newspaper of general
circulation w/thin the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 13th day of December, 2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this __ day of__
.,2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
Stage Road Subdivision/PUD
Ordinance No. ,2004 Page 12