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HomeMy WebLinkAboutordinance.council.011-10ORDINANCE NO. 11, SERIES OF 2010 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR THE PROPERTY LOCATED AT 726 WEST FRANCIS, LOTS K, L, AND M, BLOCK 15, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO p PARCEL NO.2735-12-408-801. ~ `"° ~ c o w ~ WHEREAS, the Community Development Department received an application N ~ ~ from Crossroads Church of Aspen, requesting approval of an increase in allowed floor ~ ~ 5 area from 4,774 square feet to 7,299 square feet through the Conditional Use process, to c c va establish new off street pazking requirements through Special Review, Dimensional ~; u Variances, and a recommendation to City Council for the approval of Growth ~ o Management allotments for an Essential Public Facility; and, ~ °o ~ # M O WHEREAS, the Applicant, Crossroads Church of Aspen, serves an essential Oa'r' ~ public purpose by serving the needs of the general public and Aspen community, and a ~ ~ ~ therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; ~ ~ ~, and, z o ~ ~ WHEREAS, the proposed land use requests do not intend to increase Church programs or employment, WHEREAS, a publicly noticed site visit with the Planning and Zoning Commission was held on February 4, 2010, and; WHEREAS, during a duly noticed public hearing on February 16, 2010, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department and approved Resolution No. 6, Series of 2010, by a (5 - 0) vote, an increase in floor area from 4,774 squaze feet to 7,299 square feet through the Conditional Use process, established off-street parking requirements through Special Review, approved certain Dimensional Vaziances, and a recommendation to City Council for the approval of Growth Management Review for an Essential Public Facility; and, WHEREAS, once the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Applicant requested Growth Management for an Essential Public Facility approval of the City Council; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed requests; and, WHEREAS, during a duly noticed public hearing on May 10`h, 2010 the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, Planning and Zoning Commission, and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, Ordinance 11, Series of 2010 Page 1 of 7 WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, 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 RESOLVED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Growth Management Review for an Essential Public Facility by the Aspen City Council, based on the following conditions. a) Employee Generation: The Crossroads Church facility expansion is not expected to generate additional employees and no employee mitigation is currently required. However, an employee audit shall be required to demonstrate actual employee needs and mitigation shall be provided for additional employees directly attributable to the facility expansion. The applicant shall conduct and submit to the Community Development Department an employee audit one (1) year afrer issuance of C.O. for the expansion. Prior to conducting the audit, the applicant and the Community Development Department shall agree on the form and methodology of the audit, who shall perform the audit, and the manner in which additional employees related to or unrelated to the expansion will be determined. Also, prior to building permit issuance, a baseline shall be established to reflect the amount of existing employees that can then be compared with the data gathered from the audit. The applicant shall provide employee mitigation for 60% of additional employees found to be directly associated with the facility expansion at the Category 4 rate of $134,079 per employee. The additional mitigation shall be payable in full within one (1) year of the audit, unless otherwise agreed to by the applicant and the City Council. Section 2: Buildiae Permit Application The building permit application shall include the following: a) A copy of the final recorded Ordinance. b) The conditions of approval printed on the cover page of the building permit set. c) If required, a drainage plan, including an erosion control plan prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site Ordinance 11, Series of 2010 Page 2 of 7 during and after construction. Stormwater from impervious surfaces shall be detained on site. d) As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan and drainage and soils reports pursuant to the Building Department's requirements. The requirement for a tree protection plan is intended to solely address any trees and their drip line areas that would be affected by construction activities, including protection (such as designated construction routes and temporary fencing) that will be necessary to minimize the impacts on existing trees from construction traffic. The CMP plan shall address traffic management, construction staging, and accurately represent proposed construction hours. e) As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f) As applicable, a detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. g) Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. Section 4: Eneineerin¢/Draina¢e a. Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the engineering department. b. The applicant shall submit plans showing drainage conveyance, sidewalk, curb, and gutter which meet the City Engineer's standards and ADA requirements prior to issuance of a Building Permit. Such improvements shall also be made prior to a Certificate of Occupancy. The applicant must receive approval from the City Engineer (and any other applicable departments) for structural improvements in the public right-of-way, including the ADA access ramp along 7`h Street and the pavement work being completed along the Francis Street entrance. Section 5: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Ordinance 11, Series of 2010 Page 3 of 7 Section 6: Sanitation District Requirements a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. b. On-site utility plans require approval by ACSD. c. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. d. All ACSD fees must be paid prior to the issuance of a building permit. e. The glycol heating and snow melt system must be designed to prohibit the discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. f. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. Section 7: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 8: Parks Department/Landscaaing a. Excavations adjacent to the drip zones will be required to vertical excavation only. Over digging is prohibited. Excavations will be soil stabilized in a manner that prevents over excavation of the site. All foundation walls located in protection zones shall have a one (1) sided pour. Utility connection will need to be designed and shown on the plan in a manner that does not encroach into the tree protection zones. b. Prior to the issuance of any demolition or building permits, a tree removal permit is required for drip line excavation and will need to be approved by the Parks Department. Mitigation for removals will be paid through cash-in-lieu or on site with street trees. c. A formal plan indicating the location of the tree protection will be required for the building permit set. d. Six (6") inches of mulch shall be placed and maintained within the zone of vegetation protection. e. Irrigation shall be provided to trees during the length of the project which is appropriate for proper tree health. The edge of root cuttings shall receive additional water and burlap coverings that should remain moist. f Access across or through the area of protection is prohibited at all times. Access along designated walkways is allowed. g. Roots two (2') inches or greater shall be professionally pruned with on-call tree service. Root trenching will be required around all trees with excavation next to Ordinance 11, Series of 2010 Page 4 of 7 and/or under the drip line. This can be accomplished by a contracted professional tree service company or trained member of the contractor's team. h. Where right-of--way improvements aze required adjacent to protection zones, plans shall be submitted prior to building permit submittal. These plans shall indicate the structural program and materials of the improvements. Sidewalk, curb, and gutter shall be implemented in a manner that does not threaten the health of the trees. Section 9: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The capacity of the water utilities shall be assessed to determine if there is adequate volume for fire suppression. Section 10: Vested Rights The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) yeazs from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the Forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. 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 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: 726 West Francis, Lots K, L, AND M, Block 15, City and Townsite of Aspen, CO, Pitkin County, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals aze not inconsistent with this approval. Ordinance 11, Series of 2010 Page 5 of 7 The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 11: Vested Rights Extension If the Applicant's capital campaign is unable to procure the funds for this site specific development plan prior to the expiration of the three (3) year vested rights, City Council will be willing to hear a request for a vested rights extension at that time. Section 12• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or 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 an authorized entity. Section 13: 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 14: 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. {Signatures on following page} Ordinance ] 1, Series of 2010 Page 6 of 7 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26s' day of April, 2010. Attest: athryn S. K h, City Clerk Michael C. Ireland, Mayo FINALLY, adopted, passed and approved this [ day of , 2010. Attest: Kathryn S. ,City Clerk Approved as to form: ' A rney Ordinance 11, Series of 2010 Page 7 of 7 Sunday PUBLIC NOTICE ORDINANCE NO. 11, SERIES OF 2010 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR THE PROPERTY LOCATED AT 728 WEST FRANCIS, LOTS K, L, AND M, BLOCK 15, CITY AND TOWNSITE OF ASPEN, CO, PTTKIN COUNTY, COLORADO PARCEL NO, 273542406 -801, WHEREAS the Community Development Depadment received an application from Crossroads Church of Aspen, requesting approval of an increase in al- lowed floor area from 4,774 square feet to 7299 square feet through the Conditional Use process, to establish new off street parldng requirements through Spe- cial Review, Dimensional Variances, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS the Applicant, Crossroads Church of Aspen, serves an essential public purpose by serving the needs of the general public and Aspen communi- ty, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS, the proposed land use requests do not intend to increase Church programs, employment, or membership: and, WHEREAS, a publicly noticed site visit with the Planning and Zoning Commission was held on February 4, 2010, and; WHEREAS during a duly noticed public hearing on February 16, 2010, the Planning and Zoning Commission reviewed the application upon recommenda- tion from the Community Development Department and approved Resolution No. 6, Series of 2010, by a ( 5 - 0 ) vote, an increase In floor area from 4,774 square feet to 7,299 square feet through the Conditional Use process, established oft- street parking requirements through Special Review, approved certain Di- mensional Variances, and a recommendation to City Council for the approval of Growth Management Review for an Essential Public Facility; and, WHEREASonce the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Applicant requested Growth Management for an Essential Public Facility approval of the City Council; and WHEREAS upon review of the application and the applicable code standards, the Community Development Depatlment recommended approval, with condi- tions, of the proposed requests; and, WHEREAS during a duly noticed public hearing on May 10th, 2010 the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, Planning and Zoning Commission, and considered the development proposal under the applicable provi- sions of the Municipal Code as identified herein; and, WHEREAS the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan: and, WHEREAS, the City Council finds that this ordnance furthers and a necessary for the promotion of public health, safety, and we0are, NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL AS FOLLOWS: 4r 1t Pursuant to the procedures and standards set both in Tale 26 of the Aspen Municipal Code, the City Coundl hereby approves Growth Management Review for an Essential Public Facility by the Aspen City Council, based on the idlowing conditions. a) Employee Generation: The Crossroads Church facility expansion is not expected to generate additional employees and no employee mitigation is currently required. However, an employee audit shall be required to demonstrate actual employee needs and mitigation shall be provided for addNOnal employees directly attributable to the facility expansion. The applicant shall conduct and submit to the Community Development Department an employee audit one (1) year after issuance of C.O. for the expansion. Prior to conducting the audit, the applicant and the Community Development Department shall agree on the form and methodology of the audit, who shall perform the audit, and the manner In which additional employees related to or unrelated to the expansion will be determined. The applicant Shall provide employee mitigation for 60% of additional employees found to be directly associated with the facility expansion at the Category 4 rate of $134,079 per employee. The additional mitigation shall be payable in full within one (1) year of the audit. unless otherwise agreed to by the applicant and the City Council. R,�2n 2: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. Section 3: Engireedrw&Drelnaq a. Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards • published by the engineering depadment. b. The applicant shall submit plans showing drainage conveyance, sidewalk, curb, and gutter which meet the City Engineers standards and ADA requirements prior to issuance of a Building Permit. Such improvements shall also be made poor to a Certificate of Occupancy. The applicant must receive approval from the City Engineer (and any other applicable departments) for structural improvements in the public right -of -way, including the ADA access ramp along 7th Street and the pavement work being completed along the Francis Street entrance. SM • 4: Wate Depatl Neaulremento The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. on 5: itat DI R ul reme a. Service is contingent upon compliance with the Aspen Consolidated Sanitation Distdd's (ACSD) rules, regulations, and specifications, which are on the at the District office. ACSD will review the approved Drainage plans to assure that dear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. b. On -site utility plans require approval by ACSD. c. landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. d All ACSD fees must be paid prior to the issuance of a building permit. a The glycol heating and snow melt system must be designed to prohibit the discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. 1. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. Section 6: Exterior L'.11 All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Sec 7: Perks Deoerhzentil.andscaOMO a. Excavations adjacent to the ddp zones will be required to vertical excavation only. Over digging is prohibited. Excavations wilt be soil stabilized in a manner that prevents over excavation of the site. All foundation walls located in protection zones shall have a one (1) sided pour. Utility connection will need to be designed and shown on the plan in a manner that does not encroach into the tree protection zones. b. Prior to the issuance 0f any demolition or building permits, a tree removal permit is required for drip line excavation and will need to be approved by the Pads Department. Mitigation for removals will be paid through cash -in -lieu or on site with street trees. c. A formal plan indicating the location of the tree protection will be required for the building permit set. d. Six (6 ") inches of mulch shall be placed and maintained within the zone of vegetation protection. • e. Irrigation shall be provided to trees during the length of the project which is appropriate for proper tree health. The edge of root cuttings shall receive additional water and burlap coverings that should remain moist f. Access across or through the area of protection is prohibited at all times. Access along designated walkways is allowed. g. Roots two (2) inches or greater shall be professionally pruned with on -call tree service. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by a contracted professional tree service company or trained member of the contractor's team. h Where right-of -way improvements are required adjacent to protection zones, plans shall be submitted prior to building permit submittal. These plans shall indicate the structural program and materials of the improvements. Sidewalk, curb, and gutter shall be implemented in a manner that does not threaten the health of the trees. Sect on B' Fire MI'aetion All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC). 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The capacity of the water utilities shall be assessed to determine if there is adequate volume for fire suppression. Section 9: 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 of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the fodetture of said vested prop- erty rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein. within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104,050 (Void permits). Zoning that is not pad of the approved site - specific development plan shall not result in the creation of a vested property right. 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 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 properly 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. 726 West Francis, Lots K, L, AND M, Block 15, City and Townsite of Aspen, CO, Ptkin County, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Set All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or 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 an authorized entity. Sect ion 11: 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. Ssa Jios 12: 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 13: A public hearing on this ordinance will be held the 10th day of May 2010 at 5:00 p.m. in the city Council chambers, City Hall, 130 S. Galena. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of April, 2010. Attest: /s/Kathrvn S Koch, City Clerk is/Mich C Ireiand, Mayor Published in the Aspen Times Weekly on May 2, 2010. 149550501 c• G , .«jo t .. z 3 F a Y W o O 6 p ° m t. I �` WdFN0 LQ E 0 0 ooza 'q b c N �(� i x d( 0 0 � u o a c ,---- (� w -e i oaiicu A� d =0 u faai 4 e 3 Z 8.. 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