HomeMy WebLinkAboutordinance.council.022-10 ORDINANCE NO. 22
(SERIES OF 2010)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO REZONING THE GIVEN INSTITUTE, LOCATED AT 100 EAST
FRANCIS STREET, ASPEN, COLORADO FROM R -6, MEDIUM DENSITY
RESIDENTIAL TO A, ACADEMIC, AND DECLARING AN EMERGENCY
WHEREAS, The City of Aspen is a Home Rule Municipal Corporation organized under
and pursuant to Article XX of the Colorado Constitution and the City of Aspen Home Rule
Charter; and,
WHEREAS, the City of Aspen currently regulates land uses within the City limits in
accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its Home Rule
Constitutional authority; and
WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergency
ordinances for the preservation of public property, health, peace, or safety upon the unanimous vote
of City Council members present or upon a vote of four (4) Council members; and
WHEREAS, the University of Colorado Board of Regents, owners of The Given Institute,
have submitted a demolition permit to remove the structures located at 100 E. Francis Street, Parcel
ID #2735- 124 -19 -851, more specifically described as follows:
A PARCEL OF LAND BEING ALL OF BLOCK 63,
PART OF FRANCIS STREET, PART OF CENTER STREET, AND PART OF THE
NW '/a OF THE SW ''A OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST,
AND PART OF THE NE'/ OF THE SE Y4 OF SECTION 12, TOWNSHIP 10 SOUTH,
RANGE 85 WEST OF THE 6 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 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' 51" 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' 50" WEST 107.29 FEET TO THE POINT OF BEGINNING,
COUNTY OF PITKIN,
STATE OF COLORADO; and
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Ordinance No. 22, Series of 2010
WHEREAS, this property was identified within City of Aspen Ordinance #48, Series of
2007 as a potential historic resource and as such is required to participate in a 90 -120 day
negotiation period, which is currently on- going, to discuss preservation alternatives; and
WHEREAS, the University of Colorado Board of Regents has been unwilling to identify
any preservation incentives that would be of interest and did not execute an agreed upon
Memorandum of Understanding that would have allowed the voters of the City of Aspen to consider
purchasing the property; and
WHEREAS, the City Council finds that The Given Institute has such value to the City of
Aspen as to warrant an emergency action, namely rezoning of the property to a designation that
accurately reflects the education activity land use that has been in effect on the site for the past
38 years; and;
WHEREAS, rezoning requires a finding that the criteria for a Map Amendment stated at
Section 26.310 of the Municipal Code are met; and,
WHEREAS, the Community Development Director recommends approval of the
proposed Map Amendment, as described herein; and,
WHEREAS, the City Council finds that the Map Amendment, as described in this
Ordinance, is necessary for the promotion of public health, safety, and welfare and should be
implemented immediately to preserve the health, peace, safety, and general well -being of the
residents and visitors of Aspen, pursuant to the provisions of Section 4.11 of the City of Aspen
Municipal Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1: Map Amendment.
City Council hereby finds that criteria of Section 26.310 of the Municipal Code are met and
rezones The Given Institute, 100 E. Francis Street, from R -6, Medium Density Residential to A,
Academic.
Upon the effective date of this ordinance, the Community Development Director shall place the
amendment on the city's official zone district map, which is kept in the Community
Development Department.
Section 2: Emergency Declaration.
It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a need for
the immediate preservation of the health, safety, peace, and welfare of the City of Aspen, its
residents, and guests; which will be addressed by the identification and protection of historic
resources.
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Ordinance No. 22, Series of 2010
Section 3: Publication.
The City Clerk is directed that publication of this ordinance shall be made as soon as practical and
no later than ten (10) days following final passage.
Section 4: Severability.
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 5: Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
Section 6: Effective Date.
This ordinance shall take effect immediately upon final passage.
INTRODUCED AND READ as provided by law as an emergency ordinance by the City
Council of the City of Aspen on the 8th day of September, 2010.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this _ day of , 2010, by
❑ the unanimous vote of all City Council members present; or
❑ a v of four (4) council memb rs.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Approved as to form:
John Worcester, City Attorney
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Ordinance No. 22, Series of 2010