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HomeMy WebLinkAboutresolution.apz.008-76 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE REZONING OF THE ASPEN CENTER FOR PHYSICS TRACT ACCORDING TO AN APPROVED MASTERPLAN SUBMITTED PURSUANT TO ARTICLE VII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE WHEREAS, there has been submitted for Planning and Zoning Commission consideration a masterplan for the 2.3 acre tract presently occupied by the Aspen Center for Physics, all according to the Specially Planned Area procedures of Article VII of Chapter 24 of the Aspen Municipal Code,'and WHEREAS, the procedures for adoption of any such plan require that, subsequent to conducting a public hearing on a proposed plan, the Commission forward to the Aspen City Council a report and recommendation with respect to any such proposal, and WHEREAS, the Commission, after proper notice of the same, did hold the required public hearing at its meeting held September 7, 1976, and is prepared to issue a recommendation with respect to the proposed masterplan, NOW, THEREFORE, ~E IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO: Section 1 ?hat it does hereby recommend to the City Council that it finally approve and adopt, as the development regulation for the site, the masterplan prepared by Jack M. Walls, a copy of which is attached hereto and incorporated by this reference, for an area presently occupied by the Aspen Center for Physics, and more particularly described as follows: A tract of land situated in the SW¼NE¼ of Section 12, ?ownship 10 South, Range 85 West of the 6th Principal Meridian in the City of Aspen, Pitkin County, Colo- rado, being more fully described as follows: Beginning at a point whence the ~ corner of said SW¼NE¼ Section 12 bears N 25011'45'' W 1041.20 feet; thence N 17034'00'' E 344.04 feet; thence east 253.42 feet; thence south 328.00 feet; thence west 357.26 feet to the point of beginning containing 2.299 acres, 5~ore or less all as provided by Article VII of Chapter 24 of the Aspen Municipal Code entitled "Specially Planned Areas". Section 2 That the Commission recommendation for approval is conditioned in the following manner (all conditions being designed to mitigate the potential for undermining the City's pending requirement that the balance of the lands owned and controlled by the Aspen Institute for Humanistic Studies be developed only according to a masterplan for the entire site): 1. That the Aspen Institute for Humanistic Studies assure the City Council (to the satisfaction of the City Attorney) that the approval of the attached masterplan will not be used to argue against applica- tion of the SPA requirements to the balance of the adjacent Aspen Institute for Humanistic Studies owned and controlled properties; either during administrative proceedings to acquire development permission for Aspen Institute for Humanistic Studies lands, during litigation affecting the Aspen Institute for Humanistic Studies lands, or in any other context or for any other purpose; 2. That prior to final Council approval there be presented to the City Council a fully executed long term or perpetual lease agreement between the Aspen Institute for Humanistic Studies and the Aspen Center for Physics (a) covering the entire area included in the attached masterplan, (b) providing for ownership of the existing and proposed building within the masterplanned area in the Aspen Center for Physics, and (c) naming the Aspen Center for Physics as the primary (although not necessarily the exclusive) lessee of the premises. 3. That it is understood that the preservation of -2- the existing buildings (or their replacement) and construction of the third library/office structure constitute the maximum build out proposed for the masterplanned area; and 4. That the working drawings for the proposed library/ office building be incorporated into the masterplan, by reference, and constitute the building regulations with respect thereto. Section 3 And that the Commission makes this affirmative recommendation with the understanding that the parcelling of the Aspen Institute for Humanistic Studies lands into individually masterplanned areas does not enhance the overall masterplanning of the Aspen Institute for Humanistic Studies lands; but the fact that the Aspen Institute for Humanistic Studies has announced its intention to withdraw its pending SPA application; that the Aspen Center for Physics proposes only one additional struc- ture for its site and the introduction of no additional uses in the future; that the Aspen Center for Physics has, i~istorically, localized its needs to the masterplanned site and has made little demand for outside support services and facilities in the area; and that retention of the Center within the community, because of the educational and cultural opportunities it creates, is a desirable objective, of approval herein taken. all of these reasons compel the action Charles T. Collins Chairman , d~y city clerk, do hereby certify that the foregoing is a true and accurate copy of that resolution adopted by the Aspen Planning and Zoning Commission at its continued meeting held Friday, September 10, 1976. D~-y Cit~Cler~ -3-