HomeMy WebLinkAboutordinance.council.001-11 ORDINANCE #1
(Series of 2011)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING HISTORIC LANDMARK DESIGNATION, SUBDIVISION, AND
ORDINANCE #48, SERIES OF 2007 NEGOTIATIONS FOR PRESERVATION OF
POTENTIAL HISTORIC RESOURCES FOR THE PROPERTY LOCATED AT 100 E.
FRANCIS STREET, THE GIVEN INSTITUTE, CITY AND TOWNSITE OF ASPEN,
COLORADO
PARCEL ID: 2735 - 124 -19 -851
WHEREAS, 100 E. Francis Street, The Given Institute, is included on Exhibit A to Ordinance
No. 48, Series of 2007, as a potential historic resource. Said Ordinance is codified at Section
26.415.025 of the Municipal Code and provides for a ninety day period during which Council
may negotiate with the property owner for a mutually acceptable agreement that preserves the
resource; and
1 WHEREAS, the property is legally described as
A parcel of land known as the Given Parcel being described at Reception #499350
together with a parcel being described at Reception #405579 in the records of
the Clerk and Recorder of Pitkin County, all being in the City of Aspen being
more particularly described as follows:
All of Block 63, part of Francis Street and part of Center Street as shown on
the City and Townsite of Aspen Map; a portion of the NW 1 /4SW 1/4 of Section 7,
T. 10 S., R. 84 W. and a portion of the NE1 /4SE1 /4 of Section 12, T.10 S., R.
85 W. all in the 6 P.M.;
Beginning at a point on the north line of said Francis Street and 24.00 feet
easterly of the west line of said Center Street also known as Garmisch Street,
from which the East 1/4 corner of said Section 7 bears N08 DEGREES 54' 19" E a
distance of 926.25 feet, with all bearings being relative to N14 DEGREES
50'49 "E along the centerline of Garmisch Street; thence N14 DEGREES 50'49 "E a
distance of 121.59 feet; thence N33 DEGREES 03'19"E a distance of 42.21 feet;
thence N07 DEGREES 19'05 "E a distance of 112.35 feet; thence S70 DEGREES
18' 15 "E a distance of 239.94 to the southwest corner of the vacated parcel
described at Reception #405579 (Ordinance #13, Series of 1997, City of Aspen);
thence along the boundary of said vacated parcel the following four (4) courses
NO2 DEGREES 00'00 "W a distance 18.56 feet; thence S72 DEGREES 18'08 "E a
distance of 44.16 feet; thence S79 DEGREES 11'00 "E a distance of 7.90 feet;
thence S15 DEGREES 15'22 "W a distance of 20.06 feet to the northeast corner of
that parcel of land described at said Reception #499350; thence S06 DEGREES
18'51 "W a distance of 103.11 feet; thence S18 DEGREES 12'00 "W a distance of
108.73 feet; thence S09 DEGREES 25'21 "E a distance of 52.10 feet; thence S23
The Given Institute
Ordinance HPC Resolution #111, Series of 2011
Page 1 of 5
DEGREES 21'00 "E a distance of 83.49 feet to southerly line of Francis Street
extended easterly; Thence N75 DEGREES 09'11"W along the north line of Block 64,
City and Townsite of Aspen, a distance of 288.99 feet to the northwest corner
of said Block 64; thence N30 DEGREES 59'37 "W a distance of 107.34 feet to the
point of beginning.
County of Pitkin, State of Colorado; and
WHEREAS, the property owner, The University of Colorado Board of Regents, authorized the
contract purchaser, SC Acquisitions, LLC, to submit an application for Historic Designation,
Subdivision and Ordinance #48 negotiation. Representatives are J. Bart Johnson, Attorney; Haas
Land Planning; Schmueser, Gordon and Meyer Engineers /Surveyors; and Rowland and Broughton
Architecture and Urban Design; and
WHEREAS, Section 26.415.025(E) of the Municipal Code states that, during the negotiation
period set forth in the Code, "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 applicants representatives met with both the Historic Preservation Commission
and the Planning and Zoning Commission at a joint meeting on January 4, 2011. The meeting
was continued to January 19 2011 for revisions to the application; and
WHEREAS, the Historic Preservation Commission and the Planning and Zoning Commission
considered the application on January 4 and January 19, 2011 and recommended Council
approval of Historic Landmark Designation, Subdivision and Ordinance #48 negotiations with
conditions, by a vote of _ to _ as stated in Resolution # , Series of 2011 and
WHEREAS, Section 26.415.025(E) of the Municipal Code states that, during the negotiation
period set forth in the Code, "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 the City Council; and
WHEREAS, the applicant's representatives met with City Council during a public hearing on
January 24, 2011 and February 14, 2011; and
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for
Designation and states that an application for listing on the Aspen Inventory of Historic
Landmark Sites and Structures shall be approved if City Council, after a recommendation from
HPC, determines sufficient evidence exists that the property meets the criteria; and
The Given Institute
Ordinance HPC Resolution #111, Series of 2011
Page 2 of 5
1 WHEREAS, for City Council approval of Subdivision the application shall comply with Section
26.480 of the Municipal Code; and
1 WHEREAS, in addition to Historic Landmark Designation and Subdivision the applicant
identified preservation incentives requested as part of the negotiation process. Those incentives
included the approval of a lease purchase agreement, fee waivers, FAR bonuses, establishment of
building envelopes, ESA Hallam Lake Bluff exemptions, GMQS allotments, Residential Design
Standards exemptions, and extended vested rights; and
1 WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff reports to the Historic
Preservation Commission, Planning and Zoning Commission and City Council, performed an
analysis of the application and identified amendments necessary to comply with the review
standards for Historic Landmark Designation, Subdivision and Ordinance #48 negotiation; and
WHEREAS, the City Council, after reviewing the recommendations of staff, HPC and P &Z, finds
that the proposal meets or exceeds all applicable development standards and that the approval of the
development proposal is consistent with the goals and elements of the Aspen Area Community
Plan; 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, COLORADO, THAT:
Section 1: Historic Designation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Aspen City Council hereby approves Historic Designation for Lot 1 of The Given Subdivision,
100 E. Francis Street, City and Townsite of Aspen, Colorado.
Section 2: Ordinance #48, Series of 2007 Negotiation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Aspen City Council hereby grants the following Land Use entitlements, conditioned upon the
voluntary landmark designation of Lot 1, The Given Subdivision, 100 E. Francis Street, City and
Townsite of Aspen, Colorado:
1. Execution of Lease and Purchase Option Agreement Provisions, including but not limited
to reimbursement of affordable housing and impact fees;
2. Subdivision into a total of four (4) lots according to an approved site plan that preserves
significant trees on the entirety of the site, and maximizes usable open space on Lot 1;
3. Platting of approved building envelopes for each of the three (3) new lots;
4. Growth Management approval for up to four (4) Free - Market Residential Allotments
from the 2010 GMQS Development Allotments, with exemptions from the date deadlines
and submittal requirements of Code Section 26.470.110, and from the scoring criteria of
Code Section 26.470.120;
The Given Institute
Ordinance HPC Resolution #111, Series of 2011
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5. Exemption from the Residential Design Review Standards of Chapter 26.410.
Section 3: 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 4: 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 5: Vested Rights
The Land Use entitlements granted herein shall be vested for a period of ten (10) years from the
date of issuance of a development order. However, any failure to abide by any of the terms and
conditions attendant to this approval shall result in the forfeiture of said vested property rights.
Unless otherwise exempted or extended, failure to properly record all plats and agreements
required to be recorded, as specified herein, within 180 days of the effective date of the
development order shall also result in the forfeiture of said vested property rights and shall render
the development order void within the meaning of Section 26.104.050 (Void permits). Zoning
that is not part of the approved site - specific development plan shall not result in the creation of a
vested property right.
No later than fourteen (14) days following 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 site specific development plan, and
the creation of a vested property right, valid for a period of ten (10) 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: 100 E. Francis Street, City and Townsite of Aspen, Colorado.
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the date
of publication of the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
The Given Institute
Ordinance HPC Resolution #111, Series of 2011
Page 4 of 5
Section 6: Public Hearing
A public hearing on the ordinance was held on the 24 day of January, 2011 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the day of , 2011,
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this day of , 2011.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
The Given Institute
Ordinance HPC Resolution #111, Series of 2011
Page 5 of 5
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