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DOC CODE: ORDINANCE
Pg 1 of 4,06/21/2017 at 02:17:27 PM
ORDINANCE 912 Janice K.Vos Caudill, Pitkin County, CO
(SERIES OF 2017)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING GROWTH MANAGEMENT AND VESTED RIGHTS FOR AN
ESSENTIAL PUBLIC FACILITY AT 104 S. GALENA STREET AND 533 E. MAIN
STREET, ST. MARY'S CATHOLIC CHURCH, LOTS A-I, BLOCK 93, CITY AND
TOWNSITE OF ASPEN, COLORADO
Parcel ID: 2737-073-31-801
WHEREAS, the Community Development Department received an application for
Growth Management review and Vested Rights for an expansion to St. Mary's Catholic Church.
St. Mary's proposes the construction of a social hall to accommodate new classroom and
gathering spaces. The application was submitted by Father John Hilton on behalf of St. Mary's
Catholic Church, authorized by The Archdiocese of Denver and represented by Charles Cunniffe
Architects and Stan Clauson Associates. The application requires the following land use review
approvals:
• Growth Management Review — Essential Public Facility, pursuant to Municipal Code
Section 26.470; and,
• Extension or Reinstatement of Vested Rights pursuant to Municipal Code Section
26.308.010.C.: and
WHEREAS, all code citation references are to the City of Aspen Land Use Code in
effect on the day of initial application—May 5, 2015, as applicable to this Project; and,
WHEREAS, pursuant to Chapter 26.304.060 of the Land Use Code, the Community
Development Director has elected to allow combined reviews in this case where more than one
development approval is being sought simultaneously; and,
WHEREAS, the Community Development Department received referral comments in
August 2015 from the Aspen/Pitkin County Housing Authority board related to the Growth
Management component of Council's review. The board recommended an employment audit
two years after completion of the project, to determine if any affordable housing mitigation is
warranted; and,
WHEREAS, On March 9, 2016, the Historic Preservation Commission provided a
recommendation to Council regarding Growth Management as part of their evaluation of the
project for Conceptual Major Development, Special Review and Viewplane compliance. HPC
recommended that City Council approve the application with the condition recommended by the
Aspen/Pitkin County Housing Authority board; and
WHEREAS, the Community Development Department reviewed the application and the
recommendations of APCHA and HPC and recommended approval with conditions; and,
Ordinance#12, Series 2017
Page 1 of 4
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of APCHA, the HPC, and the Community Development
Director, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards; 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 AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby grants approval for Growth Management Essential Public Facility and
Vested Rights for the development of the site subject to the conditions of approval as listed
herein.
1. Two years after Certificate of Occupancy, an employee audit shall be conducted showing
the current FTE head count at that time. If additional employees, beyond the 3.575 FTE's
represented in this application are identified, mitigation will be required at the rate the Municipal
Code requires at the time of this approval. Mitigation will be required in the form of on-site
housing or by the purchase of the Affordable Housing Credit Certificates, to be reviewed and
approved according to the provisions of the Municipal Code and Aspen Pitkin County Housing
Authority guidelines as applicable.
2. The auditor and audit will be reviewed and approved by APCHA. Any costs associated with
the audit will be at the expense of the applicant. The Housing Authority shall request the audit
from the.applicant and the applicant shall provide the Housing Authority and the Community
Development Department with the audit report. Failure to request the audit shall not render any
of the approvals invalid. The Housing Authority and Community Development shall forward the
audit to the Housing Board and/or City Council for review, as applicable.
3. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Applicant is required to obtain Final Major Development Review from HPC following
approval of the reviews outlined herein. The applicant must apply for Final review no later than
one (1) year following HPC's approval of Conceptual Major Development, which occurred on
June 8, 2016. Failure to file such an application within this time period shall render the
Conceptual Major Development approval, and therefore this Growth Management and Vested
Rights approval null and void. This deadline may be extended pursuant to Section 26.415.070.D
and 26.445.090.0 of the Municipal Code.
Ordinance#12, Series 2017
Page 2 of 4
Section 2:
No later than fourteen (14) days following Final Major Development approval by the Historic
Preservation Commission, 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 Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development
Orders, 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
five (5) 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: 104 S. Galena Street and 533 E. Main Street, St. Mary's Catholic
Church, Lots A-I, Block 93, City and Townsite of Aspen, Colorado.
Nothing in this approval shall exempt the Development Order from subsequent
reviews and approvals required by this Ordinance of the general rules, regulations
and ordinances or the City of Aspen provided that such reviews and approvals are
not inconsistent with this Ordinance.
The vested rights granted hereby shall be subject to all rights of referendum and
judicial review. The period of time permitted by law to exercise the right of
referendum to refer to the electorate this Section of this Ordinance granting vested
rights; or, to seek judicial review of the grant of vested rights shall not begin to
run until the date of publication of the notice of final development approval as set
forth above. The rights of referendum described herein shall be no greater than
those set forth in the Colorado Constitution and the Aspen Home Rule Charter.
Section 3:
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 Community Development Department, the Historic Preservation 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 or an
authorized authority.
Section 4:
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 5•
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.
Ordinance d 12, Series 2017
Page 3 of 4
Section 6:
A public hearing on this ordinance shall be held on the 8' day of May, 2017, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 24'" day of April, 2017.
At est:
1z ,
Linda Manning,City lerk Steve k dr
ayor
FINALLY, adopted, passed and approved this$day of Ma( / _ ,2017.
Att t:
inda Manning, City Cler Steven Skadro , Mayor
Approved as to form:
27--
J,aniis R. True, City Attorney
Ordinance#12, Series 2017
Page 4 of 4