HomeMy WebLinkAboutresolution.council.064-10A RESOLUTION OF THE ASPEN CITY COUNCIL EXTENDING THE
ORDINANCE #48, SERIES OF 2007, NEGOTIATION FOR HISTORIC
PRESERVATION OF THE GIVEN INSTITUTE, 100 E. FRANCIS STREET
Resolution No. ~, Series of 2010
WHEREAS, the property at The Given Institute, 100 E. Francis Street, is subject to
Ordinance #48, Series of 2007. This Ordinance identifies potential historic resources and
creates a review process for any proposed alterations. The Ordinance also establishes a
framework for City Council to negotiate with the property owner to secure voluntazy
historic designation; and
WHEREAS, The Regents of the University of Colorado, owners of The Given Institute,
have communicated their intention to demolish the buildings located at ]00 E. Francis
Street, which property is legally described as:
A PARCEL OF LAND BEING ALL OF BLOCK 63, PART OF FRANCIS STREET,
PART OF CENTER STREET, AS DEPICTED AND DESCRIBED ON THE
ORIGINAL TOWNSITE MAP OF THE CITY OF ASPEN, PITKIN COUNTY,
COLORADO AND PART OF THE NW '/o OF THE SW '/< OF SECTION 7,
TOWNSHIP 10 SOUTH, RANGE 84 WEST, AND PART OF THE NE'/a OF THE SE
'/4 OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6T"
PRINCIPAL MERIDIAN, SAID PARCEL IS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF FRANCIS STREET
AND 24.00 FEET EASTERLY OF THE WEST LINE OF CENTER (AKA
GARMISCH) STREET;
THENCE N. 14 DEGREES 50' 49" EAST 121.59 FEET;
THENCE N. 33 DEGREES 03' 19" EAST 42.21 FEET;
THENCE N. 7 DEGREES 19' 05" EAST 112.35 FEET;
THENCE S. 70 DEGREES 18' 15" EAST 286.57 FEET;
THENCE S. 6 DEGREES 18' S1" WEST 103.11 FEET;
THENCE S. 18 DEGREES 12' 00" WEST 108.73 FEET;
THENCE S. 9 DEGREES 25'21" EAST 52.10 FEET;
THENCE S. 23 DEGREES 21'00" EAST 83.49 FEET TO THE SOUTHERLY LINE OF
FRANCIS STREET EXTENDED EASTERLY;
THENCE N. 75 DEGREES 09' 11" WEST 288.99 FEET TO THE NORTHWEST
CORNER OF BLOCK 64;
THENCE N. 31 DEGREES 00' S0" WEST 107.29 FEET TO THE POINT OF
BEGINNING, CONTAINING 2.2556 ACRES, MORE OR LESS, INCLUDING THAT
PORTION OF NORTH ASPEN STREET LYING NORTH OF HALLAM STREET
VACATED BY CITY OF ASPEN ORDINANCE NUMBER 3, SERIES 1953, BY
PITKIN COUNTH BOARD OF COUNTY COMMISSIONERS RESOLUTION
RECORDED JUNE 24, 1955 IN BOOK 80 AT PAGE 356, AND AS DESCRIBED IN
THE DEED RECORDED IN BOOK 256 AT PAGE 877, AND THAT PORTION OF
PUPPY SMITH STREET (FORMERLY SMUGGLER STREET) VACATED BY
ORDINANCE NUMBER 13, SERIES OF 1997, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 2, LAKEVIEW
ADDITION (TO THE CITY OF ASPEN), ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 2 AT PAGE 13, WHENCE THE QUARTER CORNER
COMMON TO SECTIONS 7 AND 12, TOWNSHIP 10 SOUTH, RANGES 84 AND 85,
RESPECTIVELY, WEST OF THE SIXTH PRICIPAL MERIDIAN, PITKIN COUNTY,
COLORADO, BEARS NORTH 14 DEGREES 39' S1" WEST 772.54 FEET; THENCE
NORTH 70 DEGREES 18' 15" WEST 46.63 FEET; THENCE NORTH 2 DEGREES
00' 00" WEST 18.555 FEET; THENCE SOUTH 72 DEGREES 18' 08" EAST 44.16
FEET; THENCE SOUTH 79 DEGREES 11' 00" EAST 7.90 FEET; THENCE SOUTH
15 DEGREES 15' 22" WEST 20.06 FEET TO THE POINT OF BEGINNING,
CONTAINING 903 SQUARE FEET, MORE OR LESS, COUNTY OF PITKIN, STATE
OF COLORADO; and
WHEREAS, The University of Colorado asserts that as a state entity, it is not legally
bound by City of Aspen ordinances; and
WHEREAS, The University of Colorado has indicated that it is voluntarily participating
in a ninety day negotiation process established by Ordinance #48, Series of 2007, relative
to potential historic resources identified in the City of Aspen; and
WHEREAS, Section 26.415.025 (e) of the Municipal Code, which codifies Ordinance
#48, states that "the Community Development Director shall confer with the Historic
Preservation Commission, during a public meeting, regarding the proposed building
permit and the nature of the Potential Historic Resource. The property owner shall be
provided notice of this meeting with the Historic Preservation Commission;" and
WHEREAS, the property owner was notified of the Historic Preservation Commission
meeting and representatives of The University of Colorado attended the meeting; and
WHEREAS, at their regular meeting on July 14, 2010, the Historic Preservation
Commission approved a motion to recommend Council pursue negotiations to preserve
the Given Institute by a vote of 5 to 0; and
WHEREAS, The Community Development Director shall confer with the City Council
regarding the proposed building permit, the nature of the Potential Historic Resource, and
the staff and Historic Preservation Commission's assessment of the Resource and,the
effects of the building permit upon the resource. The property owner shall be provided
notice of this meeting with City Council; and
WHEREAS, the properly owner was notified of the City Council meeting; and
WHEREAS, Amy Guthrie in her staff report dated August 9, 2010, performed an
analysis of the property at 100 E. Francis Street, The Given Institute, found that the
City's criteria for historic designation to be met, and recommended that Council extend
the Ordinance #48 negotiation period by 30 days, in order to pursue all options to
preserve this important historic resource; and
WHEREAS, City Council finds that an extension is necessary to execute a draft
Memorandum of Understanding with the University of Colorado, or to explore other
preservation solutions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
The negotiation period established by Ordinance #48, Series of 2007, as it affects the
property at The Given Institute, 100 E. Francis Street, is hereby extended to September
22, 2010.
Council furthermore extends the noticed public hearing for consideration of preservation
incentives to August 23, 2010.
APPROVED by the City Council at its regular meeting on August 9, 2010.
Approved as to form:
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``"John or ester, City Attorney
Attest Mayor: ~ ,
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athryn Koch ity Clerk Michael C. Ireland, Mayor
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