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HomeMy WebLinkAboutordinance.council.055-05ORDINANCE NO. 55 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AN AMENDMENT TO THE BURLINGAME RANCH AFFORDABLE HOUSING PLANNED UNIT DEVELOPMENT (PUD) AND SUBDIVSION, GMQS EXEMPTION FOR AFFORDABLE HOUSING (AH), GMQS EXEMPTION FOR ACCESSORY USES IN MIXED USE DEVELOPMENT, SUBDIVISION, SUBDIVISION EXEMPTION FOR CONDOMINIUMIZATION, SPECIAL REVIEW FOR AH PARKING, VESTED RIGHTS AND APPROVING THE REVISED CONCEPTUAL PLAN OF THE BURLINGAME RANCH AFFORDABLE HOUSING PROJECT IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID No. 27350-03-100805 WHEREAS, the Aspen City Council, pursuant to Resolution No. 120, Series of 2000, determined Burlingame Ranch PUD (hereinafter the "Project") eligible for the process of the Convenience and Welfare of the Public (COWOP) for the purpose of developing deed restricted affordable housing; and, WHEREAS, the COWOP land use review process, Section 26.500 of the City of Aspen Land Use Code, was created and adopted by the City of Aspen to allow the planning of projects of significant community interest, when determined necessary by the Aspen City Council according to said Section, to conduct an iterative process considering input from neighbors, property owners, public officials, members of the public, and other parties of interest, and assembling a Burlingame Affordable Housing Task Force Team, providing recommendations directly to Aspen City Council; and, WHEREAS, on November 22, 2004, the City Council granted, through Ordinance No. 120, Series of 2004, conceptual approval with conditions to a three-phase development plan as proposed by the applicants in the "Conceptual Master Plan Submittal", dated after September 7, 2004, after finding that the Project met with the development standards as required by the Aspen Municipal Code; and, WHEREAS, the applicants gained Final PUD and Subdivision approval and land use entitlements for the Burlingame Ranch Affordable Housing Phase I of the Project through City Council Ordinance No. 24, Series of 2005, approved April 11, 2005; and, WHEREAS, pursuant to Ordinance 24, Series of 2005, the entire Burlingame Ranch Affordable Housing project, including amendments to Phase I, shall remain active as a COWOP land use review until determined concluded by the Aspen City Council. City Council may stagger the conclusion of the COWOP review on a phase-by-phase basis. Once the COWOP review is concluded for a particular phase, amendments to development within the phase shall be subject to the processes and standards of the Land Use Code unless other provisions are established as applicable; and, Burlingame Ranch PUD Amendment Ordinance No. 55, Series of 2005, Page 1 Page: 1 o{ 7 01/23/2006 09:531 JANIGE K VOS CAUDILL PITKIN COUNTY CO R 36.00 O 0,00 VOtEREAS, Pursuant to Ordinance No. 24, Series of 2005, the final review and entitlement for any amendment or phase shall be subject to the COWOP land use review process pursuant to Land Use Code Section 26.500, Development Reasonably Necessary for the Convenience and Welfare of the Public. This step shall consist of a review of the amendment or final development plan for each phase by the Aspen City Council and shall incorporate all required land use actions to gain entitlement for the particular amendment or phase of the project. Final entitlement for any amendment or phase shall be by Ordinance. WHEREAS, pursuant to Ordinance No. 24, Series of 2005, and in consideration of the phased aspect of the entire project, the City Council exempted the development from the limitations of Conceptual Development Plan approval as specified in Section 26.445.030.D of the Land Use Code. No prescribed limit or timeframe for submitting a final development plan for the project, or phases thereof, are applicable and amendments may be made. Components of the Conceptual PUD plan shall be confirmed or amended in conjunction with the final approval of each phase or amendments to the plan. Development features of future phases may be amended by the Aspen City Council, in conjunction with final approvals for each particular phase or amendments to phases; .and, WHEREAS, the applicants have filed an application for the amendment to the Burlingame Ranch Affordable Housing Final PUD and Subdivision Phase I and the Conceptual Plan, and for related land use actions. Such application addressed the application requirements and applicable review standards of the Aspen Municipal Code; and, WHEREAS, the City of Aspen Community Development Director has reviewed the proposed PUD and Subdivision Amendment in consideration of the recommendations of the COWOP Task Force Team, the conditions of the final approval, the requirements of the land use code, and comments from applicable referral agencies and has recommended approval of the PUD and Subdivision Amendment subject to conditions of approval as described herein; and, WHEREAS, the Aspen City Council has reviewed and considered the PUD and Subdivision Amendment proposal under the applicable provisions of the Municipal Code as identified herein, has found the amendment to be consistent with the final approval and recommendation of the Burlingame Ranch COWOP Task Force Team, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WItEREAS, approval of this ordinance does not complete the COWOP process, but constitutes another step of the COWOP review process. Future steps may include applications for amendments and Final PUD Plans of Phases II and BI of the development and/or Conceptual PUD revisions, followed by land use entitlement by the Aspen City Council, pursuant to provisions of the Municipal Code, including Section 26.500, Development Reasonably Necessary for the Convenience and Welfare of the Public; and, WHEREAS, the Aspen City Council finds that the PUD and Subdivision Amendment proposal meets or exceeds all applicable development standards and that the approval of the PUD and Subdivision Amendments for Phase I, with conditions, is consistent with the goals and elements oft~ ~aan ~ ~,,~,, Ar~ Cr~rnmnnitv Plan. esneciallv Burlingame Ranch PUD Amendment I[ II Illl [llll Ill III II1 Ordinance No. 55, Series of 2005, Page 2 Page: 2 of 7 01/23/2006 09:5~ JANICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 O 0.00 those goals relating to the development of affordable housing within the Urban Growth Boundary and the preservation of open space; and, WHEREAS, the Aspen 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: Amended Conceptual and Final Plan Approved The Burlingame Ranch Affordable Housing Conceptual and Final PUD Plan and Subdivision is hereby amended and approved through this PUD and Subdivision Amendment. The amended PUD and subdivision plats and documents shall serve to confirm the amendment to the Conceptual Plan as it was approved through Ordinance No. 24, Series of 2005. The approved amendment includes the creation of Lots 9 & 10 of Block 1 and the designation of those lots for single family dwellings; the addition of Building D-3 to Phase I and its designation as a 5 unit, multi-family building; revisions to the Residential Design Guidelines; finalization of the third transit stop; and the addition of right of way area to Harmony Road. Section 2: Development Order for Amendment The Amendment to the Burlingame Ranch Affordable Housing development is hereby granted a development order for a site specific development plan as described in the Shaw/Poss/DHM Final PUD/Subdivision Phase I Application Development Plans, dated Noveber, 2005, and granted all necessary land use approvals including Final PUD Amendment, Subdivision, Subdivision Exemption for Condominiumization, Growth Management Quota System (GMQS) Exemption for Affordable Housing, GMQS Exemption for Accessory Uses in Mixed Use Development, Special Review for AH Parking, and Vested Rights, subject to conditions of approval as described herein. Section 3: Applicability of Ordinance No. 24~ Series of 2005 The requirements and conditions of Ordinance No 24, Series of 2005, granting Final PUD and Subdivision approval to Phase I of the Burlingame Ranch Affordable Housing development, shall remain in full force and effect except as otherwise specifically amended by the provisions of this ordinance and the approved plans. Section 4: Amendments to Phase I Approved Proiect Dimensions Amendments to Phase I dimensional standards are identified below on the following page. JRNICE K VO$ CRUDILL PITKIN COUNTY CO R 36 00 D 0 00 ' Budingame Ranch PUD Amendment Ordinance No. 55, Series of 2005, Page 3 1.67:1 162 total Section 5: Parking With this PUD/Subdivision Amendment, the Phase I parking ratio shall continue to be 1.67:1. Section 6: Architectural Character and Residential Design Guidelines & Height: The Residential Design Guidelines shall be amended to allow for side-loaded garages for Lots 9 & 10 of Block 1. The Guidelines shall specifically note that the applicability of this provision is only for the above-noted lots. The height of the new single family lots shall be limited to 25 feet and the multi-family building D-3 shall be limited to 34 feet. Section 7: Condominiumization Condominiumization of the development is hereby approved by the City of Aspen subject to recordation of a condominiumization plat in compliance with the current plat requirements in place at the time of filing. Each plat for condominiumization shall be submitted to the Community Development Department for evaluation and approval by the Community Development Engineer prior to recordation. The cost of recordation shall be borne by the applicant. Recordation is required prior to the transfer of ownership of the condominium. Burlingame Ranch PUD Amendment Ordinance No. 55, Series of 2005, Page 4 Page: 4 of 7 01/23/2006 09:5,2 JglNIC£ K VOS CglUDILL PITKIN COUNTY CO R 36,00 O 0.00 Section 8: Homeowner's Documents The HOA documents shall be amended to reflect any necessary provisions that arise from this PUD and Subdivision Amendment as determined by the Community Development Director. Section 9: Water Department Services The water service lines that are to serve the new single family lots in Block 1, Lots 9 & 10 are to be taken offofa new looped 4" line that connects to the Water Department main line in Forge Road. Such 4" water line shall be located on private property of the HOA and be the responsibility of the Homeowner's Association and the maintenance and ownership requirements shall be included in the HOA documents. Section 10: "Efficient Building" Each building shall achieve a minimum 145 points within the City of Aspen Building Program. Section 11: Impact Fees Park Impact Fees In keeping with Ordinance No. 24, Series of 2005 and pursuant to Land Use Code Section 26.610.080, Impact Fees-Affordable Housing, City Council hereby waives the Park Development Impact Fees for the Burlingame Affordable Housing Development finding that approximately 195 acres of land are being preserved as open space in conjunction with the Bar/X and Burlingame Affordable Housing Developments. School Land Dedication in Lieu Fees The Burlingame Ranch Affordable Housing Development shall provide a cash in lieu fee to the Aspen School District based on the formula contained within Section 26.630 of the Land Use Code and consistent with the values and calculations contained with Ordinance No. 24, Series of 2005. The Aspen School District has indicated their interest in having land dedicated to the district for the purpose of housing district employees, for other district purposes, or selling land dedicated to them within Burlingame Ranch for revenue. The intended purpose of the Burlingame Ranch development is to provide affordable housing and not to create a public facility such as a school would encourage. The City Council may provide to the Aspen School District, with their agreement, a subdivided residential lot(s) in Burlingame Ranch at a value equal to the fee. Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $12,448.62 per acre from recent transactions and information from the Pitkin County Assessor. This value divided by the land dedication standard for the number of units in each of the bedroom categories results in a revised total impact fee of $160,361.11. The following fees are due for the entire Phase I as amended, and take the place of the calculations contained in Ordinance No. 24, Series of 2005. Burlingame Ranch PUD Amendment Ordinance No. 55, Series of 2005, Page 5 House size Land Dedication Per unit Fee Standard One bedroom .0012/acre $153.06 Two Bedroom .0095/acre $1,211.77 Three .0162/acre $2,066.38 Bedroom Four Bedroom .0248/acre $3,163.33 TOTAL for 97 units $160,361.11 Further amendments to the project shall include an adjustment to this fee according to the above calculation methodology. Section 12: Vested Rights The land use approvals contained within this ordinance shall constitute a site-specific development plan and vest for a period of three (3) years as provided by law. An extension may be applied for under the land use code provisions in place at the time of request. No later than fourteen (14) days following final approval, the City Clerk shall cause to be published in a newspaper of general cimulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: "Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property 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: Burlingame Ranch Affordable Housing Development (Amendment to Phase I and the Conceptual Plan)." Section 13: Amended PUD Plans and Subdivision Plats Pursuant to Land Use Code Section 26.445.070(A) and Section 26.445.070(B), Recording a Final PUD Development Plan, the Applicant shall prepare and record an Amended PUD development plan and applicable subdivision plats at the Pitkin County Clerk and Recorder's Office within 180 days of adoption of this ordinance. The Applicant shall also prepare and record a revised Subdivision/PUD agreement at the Pitkin County Clerk and Recorder's Office pursuant to Land Use Code Section 26.445.070(C), PUD Agreement, within 180 days of adoption of this ordinance. Building permits may be applied for, but not issued prior to recording the documents described herein. Section 14: All material representations and commitments made by the applicants pursuant to the development proposal approvals as herein awarded, as presented in public hearing or documentation before the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Burlingame Ranch PUD Amendment Ordinance No. 55, Series of 2005, Page 6 Section 15: 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 16: 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 17: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance and exhibits in the office of the Pitkin County Clerk and Recorder. Section 18: A duly-noticed public heating on this ordinance will be held on the 9th day of January, 2006, at 5:00 p.m. in the Council Chambers of Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of December, 2005. Attest: FINALLY, adopted, passed and approved this 9th day of January, 2006. Attest: ~CityCler~ k~ Approved as to form: J~d~arcesi'e~,'Ci~y Attorney Page: 7 of 7 01/23/2006 09:531 JANICE K VOS CRUDILL PITKIN COUNTY CO R 36.00 D 0.00 Burlingame Ranch PUD Amendment Ordinance No. 55, Series of 2005, Page 7