HomeMy WebLinkAboutordinance.council.049-07ORDINANCE N0.49
(SERIES OF 2007)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS, GROWTH MANAGEMENT REVIEW FOR AN
ESSENTIAL PUBLIC FACILITY FOR 536 W. NORTH STREET, LOTS 11,12,
13, 14 AND 15, BLOCK 99, HALLAM'S ADDITION, CITY AND TOWNSITE OF
ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO.2735-121-11-808.
WHEREAS, the Community Development Department received an application
from Christ Episcopal Church, requesting the approval of Growth Management
allotments for an Essential Public Facility; and,
WHEREAS, the Applicant, Christ Episcopal Church qualifies as a Conditional
Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium
Residential Zone District; and,
WHEREAS, the Applicant, Christ Episcopal Church, serves an essential public
purpose by serving the needs of the genera] public and Aspen community, and therefore
is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and,
WHEREAS, the subject property is zoned R-6 Medium Residential; and,
WHEREAS, the proposed land use requests do not intend to increase Church
programs, employment, or membership; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval with conditions, of the
proposed land use requests; and,
WHEREAS, during a duly noticed public hearing on August 7, 2007, continued to
August 21, 2007, continued to a Special Meeting on August 28, 2007, the Planning and
Zoning Commission approved Resolution No.23, Series of 2007, by a (4 -1) vote, an
increase in floor area from 7,118 square feet to 9,158 square feet through the Conditional
Use process, established a new off-street parking requirement through Special Review,
approved certain Dimensional Variances, and a recommendation to City Council for the
approval of Growth Management Review for an Essential Public Facility located on the
property at 536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's
Addition, City and Townsite of Aspen, CO; and,
WHEREAS, on November 12, 2007 the Aspen City Council approved Ordinance
No. 49, Series 2007, on First Reading by a three to zero (3 - 0) vote, approving with
conditions Growth Management Review as an Essential Public Facility for the property at
536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's Addition, City and
Townsite of Aspen, CO ;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
RECEPTION#: 546658, 02121/2008 at
03:36:35 PM,
1 OF 5, R $26.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
Ordinance No. 49, Series 2007
Page 1 of 5
Community Development Director, the applicable referral agencies, 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 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 fiu-thers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen City Council hereby approves with conditions a Growth
Management Review as an Essential Public Facility in order to demolish and replace an
existing addition and extend the existing main Church building on the property located at
536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's Addition, City and
Townsite of Aspen, CO.
Section 2: BuildinE Permit Application
The Applicant may not submit a Building Permit Application until the requirements in
Land Use Code Section 26.304.075, Building Permit, are fulfilled. The building permit
application shall include the following:
a. A copy of the final City Council Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
d. Improvements to the right of way shall include new grass, irrigation, and possibly
the replacement of street trees, and shall be approved prior to building permit
submittal.
e. An excavation-stabilization plan, construction management plan (CMP), and
drainage and spoils report pursuant to the Building Department's requirements.
The CMP shall include an identification of construction hauling routes,
construction phasing, and a construction traffic and parking plan for review and
approval by the City Engineer and Streets Department Superintendent. The
construction management plan shall also identify that the adjacent sidewalks will
be kept open and maintained throughout construction. Staging areas will be
identified in the plan, and shall indicate that the alley shall not be closed during
construction. No stabilization will be permitted in the City right of way. Storm
run off must be addressed.
f. A complete geotechnical report and geotechnical design need to be part of the
permit submittal plan.
g. Accessibility requirements shall meet adopted Building Code requirements.
h. An approved Landscape Plan.
Ordinance No. 49, Series 2007
Page 2 of 5
Section 3: Dimensional Requirements
The redevelopment of the site is limited to the Conditional Use amendment and
Dimensional Variances granted by the Planning and Zoning Commission under
Resolution 23, Series of 2007. However, with regard to the proposed building referred to
as the annex, which is directly to the east of the original church, all redevelopment and
construction shall comply with the underlying setback requirements of the zone district.
Section 4: Future Pbysical Expansion
The Church is prohibited from physically expanding any buildings at 536 West North
Street for a period of 20 years from the effective date of this Ordinance.
Section 5: Parkins Requirements
The redevelopment of the site is limited to the parking requirements established by the
Planning and Zoning Commission under Resolution 23, Series of 2007.
Section 6: Affordable Housins
The presented redevelopment is not intended to increase Church services or programs
and; therefore does not require employee mitigation.
Section 7: Trasb/Utility Service Area
The trash containers shall be wildlife proof
regulations pertaining to size and security.
and meet the Certificate of Appropriateness
Section 8: Sidewalks, Curb, and Gutter
The sidewalks shall be upgraded to meet the City Engineer's standards and ADA
requirements, and prior to issuance of a Building Permit, the applicant shall provide plans
that meet the approval of the City Engineer. Such improvements shall be made prior to a
Certificate of Occupancy.
Section 9: 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.
Section 10: 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.
Ordinance No. 49, Series 2007
Page 3 of 5
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.
g. Applicant's civil engineer will be required to submit existing and proposed flow
calculations.
Section 11: 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 12: Landscaping
a. Vertical excavation will be required and over-digging is prohibited in this zone. This
note must be represented on the building permit set. 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, tree removal will 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. 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. This is specific to the trees
located on adjacent properties.
Section 13: Stormwater Development Fee
Pursuant to Municipal Code Section 25.18.020, Stormwater System Development Fee, the
Applicant shall be assessed a Stormwater Fee prior to building permit issuance. The fee
shall be calculated as outlined in Section 25.18 of the Municipal Code.
Section 14: Vested Rights
The development approvals granted pursuant to Planning and Zoning Commission
Resolution Number 23, Series of 2007 and herein shall be vested for a period of three (3)
years from the date of issuance of the development order.
No later than fourteen (14) days following the 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 vested property
right, 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:
536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's Addition,
Ordinance No. 49, Series 200'7
Page 4 of 5
City and Townsite of Aspen, CO, by Ordinance No.49 Series of 2007, of the
Aspen City Council.
Section 15:
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 16:
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 17:
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 18:
A public hearing on the ordinance was held on the 10`s day of December, 2007, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, 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. The public hearing on the ordinance was continued on the 10~h of
December 2007 to the 14~' of January 2008.
INTRODUCED, READ AND ORDERED PUBLISHED as provided y law by the City
Council of the City of Aspen on the 12th day of November 2007.
~ 2 zi~b 8
Michael C. Ireland, Mayor
Kathryn Koc ,City Clerk
FINALLY, adopted, passed and approved this 14`s of January, 200 .
CG~ Z z, lv8
Michael C. Ireland, Mayor
Kathryn Ko ~, City Clerk
APPROVE AS TO F_ _ 0~:~
r~c -~. "mot-"`...fl'-•-__..._
ames R True, Special Counsel
Ordinance No. 49, Series 2007
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