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HomeMy WebLinkAboutordinance.council.054-00 ORDINANCE NO. 54 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) FOR ST. MARY'S CHURCH, LOCATED AT 104 SOUTH GALENA STREET, LOTS A-l, BLOCK 93, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-31-801 WHEREAS, the Community Development Department received an application from the Archdiocese of Denver, represented by Reverend Michael Glenn and Olsen / Kelly Architects, for Planned Unit Development (PUD) for St. Mary's Church located at 104 South Galena Street, Lots A-I, Block 93, City and Townsite of Aspen; and WHEREAS, pursuant to Sections 26.445, the City Council may approve a Planned Unit Development, during a duly noticed public hearing, comments from the general public, a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director. and recommendations from relevant referral agencies; and WHEREAS, the Community Development Department reviewed the St. Mary's Church Planned Unit Development and recommended approval; and WHEREAS, during a duly noticed public hearing on October 24th, 2000, the Planning and Zoning Commission recommended approval .of the PUD to the City Council, by an unammous four to zero (4 - 0) vote; and 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 the Planning and Zoning Commission, the Community Development Director, and the applicable referral agencies, and has taken and considered public comment at a public hearing; and WHEREAS, the City Cour~il finds that the development proposal meets or exceeds all 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; WHEREAS. the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and WHEREAS. during a duly noticed public hearing on December 1 I, 2000, the Aspen City Council approved the PUD by an unanimous five to zero (5 ~ 0) vote. NOW, THEREFORE, BE IT ORDAINED 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 Planned Unit Development (PUD) for St. Mary's Church located at 104 South Galena Street, Lots A-I, Block 93, City and Townsite of Aspen is approved with the following conditions: 2O 1. That a shared service line acknowledgement shall be required and obtained from the Aspen Consolidated Sanitation District (ACSD) for the existing development and a new separate service line shall be required for the new two-bedroom unit / garage addition prior to the application of building permits; and 2. The St. Mary's Church complex is currently served by the public wastewater system. The addition of a two-bedroom single-family unit and the conversion of the employee unit to an accessory dwelling unit will have a minor impact upon the public wastewater system. The applicant shall pay all connection fees to the ACSD prior to the application of building permits for the project. The applicant may obtain a tap permit once detailed plans have been submitted to ACSD; 3. The satellite dishes on the rectory and church shall be removed and/or an appropriate location shall be determined by HPC; 4. That the Historic Preservation Commission denied the request by the applicant to replace two original windows on the south side of the rectory with doors; 5. That, as required by the Fire Protection District, the applicant shall provide an adequate driveway access width of at least .10 feet along Main Street. This can be achieved by trimming back the existing bushes; 6. That the applicant shall obtain a single Temporary Revocable Encroachment License from the City of Aspen Engineering Department to cover existing encroachments for the St. Mary's Church building which include: 1) a ventilation duct in the alley, 2) a roof overhang into the alley; 3) the heat melt system in the sidewalk, and 3) the front entrance of the building. This license must be obtained prior to the application of building permits; 7. That the applicant shall submit a letter certifying that there are no known problems with the existing buildings and lot drainage in order to exempt them from submitting drainage report for review by the Engineering Department; 8. That the applicant shall not track mud onto City streets during demolition. A washed rock or other style mud rack must be installed during construction as a requirement of the City of Aspen Streets Department; 9. That if the applicant decides to install a sprinkler system in the new building, the existing water system will need to be upgraded pursuant to Fire District requirements: and I0. That the applicant shall enter into a common water service agreement with the City Water Depa~unem for the new building which will need to include separate meters in an accessible space. 21 Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatemem 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 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 13' day of November, 2000. Attest: - FINALLY, adopted, passed and approved this 1 Ith day of December, 2000. Attest: Approyed as to form: John l~'o{c~s~tor, City Attorney C:\M~ Documents\Current Cases\St. Mary's\StMatysPUDMcmoCC.doc 22