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HomeMy WebLinkAboutordinance.council.006-00 ORDINANCE NO.6 (SERIES OF 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND THE WILLIMAS RANCH PLANNED UNIT DEVELOPMENT APPROVAL. WHEREAS, the Community Development Department received an application from Williams Ranch Joint Venture, represented by Charles Brandt and Associates P.C., for substantial amendments to the Williams Ranch Planned Unit Development approval granted pursuant to Ordinance 52, Series of 1994; and, WHEREAS, the Williams Ranch Planned Unit Development is a fifty (50) residential unit project divided into two Subdivisions: the Silverlode Subdivision consisting of fifteen (15) free-market residential units and the Williams Ranch Subdivision containing thirty-five (35) affordable housing units; and, WHEREAS, the Williams Ranch Planned Unit Development is located within the City of Aspen directly east of the Centennial Condominiums in Section 7, Township 10 South, Range 84 West containing parcels. 2737.074.30.001-015 and 2737.074.29.001- 036; and, WHEREAS, the amendments requested relate to conditions of approval stipulated in Ordinance 52, Series of 1994, concerning the development of "a small ditch water feature," "hard smface pedestrian walking areas" (a.k.a. sidewalks), "soil erosion controls" on a mining road above the project, and a release of the construction requirement of the trail platted from the Open Space parcel to the boundary of the Molly Gibson Park along the southern boundary of the PUD; and, \\!HEREAS, the soil erosion control requirement, as indicated on the grading plan of the Final PUD Plans, indicates improvements on land not owned by the applicant and not within the City limits, and shall not be considered a requirement of Ordinance 52, Series of 1994; and, WHEREAS, pursuant to Section 26.445, Planned Unit Development, of the Aspen Municipal Code, substantial amendments to an approved Planned Unit development may be approved by the City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, the appropriate referral agencies, and members of the general public; and, WHEREAS, after considering a recommendation by the Community Development Director, referral agencies, comments made by the applicant, and members. of the general public at a duly noticed public hearing opened on July 6, 1999, continued to September 21, 1999, continued to November 2, 1999, and continued to December 14, 1999, the Planning and Zoning Commission finds the PUD amendments, as described in P&Z Resolution #99-27 (not as requested), to be in substantial compliance with the goals and objectives of the Aspen Area Commtmity Plan and the intent and requirements of the Ordinance No.6, Series of2000. Page 1 Land Use Code and recommends, by a six to zero (6 to 0) vote, that the Aspen City Council approve this substantial amendment to the Williams Ranch Planned Unit Development in the manner described therein; and, WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director, the Planning and Zoning Commission, and members of the public during a duly noticed public hearing; and, WHEREAS, the City Council finds that the amendments to the Williams Ranch Planned Unit Development approvals, as described herein, meet or exceed all applicable standards and that approval ofthe amendment is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance fiuthers 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, THAT: Section 1: The Williams Ranch Planned Unit Development, as approved pursuant to Ordinance 52, Series of 1994, is hereby amended in the following manner: 1. The requirement to construct "a small ditch water feature," as stij)ulated in Section 1, condition #18, of Ordinance No. 52, Series of 1994, shall no longer be required. 2. The requirement to construct "hard surface pedestrian walking area on one side of all roads" (sidewalks), as stipulated in Section 1, condition #2b, of Ordinance No. 52, Series of 1994, and the "five foot pedestrian path," stipulated in Section 1, condition #14i, of said Ordinance, shall be waived and no further obligation to develop a sidewalk shall be required. 3. The City and the applicant shall enter into a PUD agreement stipulating the nature and requirements of this PUD amendment following final consideration by City Council, pursuant to Section 26.445.060 of the Land Use Code. This agreement shall be reviewed by the City Attorney prior to recordation. All un-amended portions of the former agreement shall remain in full force and effect. The agreement shall allow the City to retain the original funds held in escrow from the prior agreement to be used in any manner determined appropriate by the City Council. The agreement shall require additional funds be granted to the City in the amount of $1 0,000. The agreement shall allow the City to spend these additional funds in any manner determined appropriate by the City Council including, but not limited to, negotiations with the Centennial Home Owners Association. The PUD amendment agreement shall be recorded within one- hundred and eighty (180) days of the PUD amendment approval by City Council. Ordinance No.6, Series of2000. Page 2 4. The portion of the pedestrian trail between lots 6 and 10 of the Williams Ranch Subdivision shall be completed to the edge of the Silverlode Drive cartway by the City of Aspen in the same manner as the adjoining trail was developed by using the additional funds held in escrow by the City. The improvement shall be accomplished by no later than August 1,2000. 5. The requirement to construct the portion of the public trail described on the final plat within the trail easement crossing Lots 33, 34, and 35 of the Williams Ranch Subdivision shall be waived and no further obligation to develop a trail within this easement shall be required of the Williams Ranch Joint Venture. The easement shall remain in full force and effect. The improvement may be completed by the City of Aspen by using the additional funds. If developed, the design and construction plans for this improvement shall be approved by the City Trails Coordinator of the City Parks Department. 6. The requirement to construct the portion of the public trail described on the final plat as within the trail easement crossing Lot 27 of the Williams Ranch Subdivision through Lot #15 of the Silverlode Subdivision shall be waived and no further obligation to develop a trail within this easement shall be required of the Williams Ranch Joint Venture. The easement shall remain in full force and effect. The improvement may be completed by the City of Aspen by using the additional funds. If developed, the design and construction plans for this improvement shall be approved by the City Trails Coordinator of the City Parks Department. 7. Upon improvement of the emergency access way between the Spruce Street right-of- way and the Silverlode Drive cul-de-sac to a condition to adequately withstand emergency vehicles, as determined by the Fire Marshal, the City shall grant to the Williams Ranch Home Owners Association all remaining and unused funds left-over after satisfying the above requirements. The fiu1ds shall be used for the purpose of landscape improvements to Lot #36 (the Open Space parcel). Any seed mixture used for improving Lot #36 shall be approved by the City Forester. Section 2: All material representations and commitrnents made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Aspen plmming and Zoning Commission or the Aspen City Council, are hereby incorporated in such plml development approvals and the same shall be complied with as iffully set forth herein, mlless amended by an authorized entity. Section 3: This Ordinance shall not effect 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.6, Series of 2000. Page 3 Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Pursuant to Section 26.304.070 of the Municipal Code, the City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days follO\ving final adoption hereof. Section 6: A public hearing on the Ordinance was held on tile 10''' day of April, 2000, 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, and the 8"' day of May, 2000, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of March, 2000. Attest: ~~~ Kathryn S. och, City Clerk FINALLY, adopted, passed, and approved this t'IJ.... day of M1"'1_' 2000. Approved as to form: Approved as to content: ~~ . City A torney 0~c( . . ..~ (JiacheI E. Richards, M yor -'. Attest: - - ~ '. ~aihryn ~erk C:\home\CHR.ISB\CASES\ WiJliams Ranch AmendmentlOrdinance2.doc Ordinance No.6, Series of2000. Page 4 lS~' . i~~! ~~n ", 1W n . r ".' II ..":tV ~~_ , ~g~i ~~ "I'~{ .~.:: / ~r~r ' ._ _;,'i-~:~ i~ ..' a . '~I"d" '\'>;~;'" ' -~~: j( ~""> 1 .,.,.'l(/ft.~- w. 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