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HomeMy WebLinkAboutresolution.council.002-19 RESOLUTION NO.2 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN, AT THE REGULAR MUNICIPAL ELECTION ON MARCH 5, 2019, A CERTAIN QUESTION RELATING TO THE ADOPTION OF ORDINANCE NO. 39, SERIES OF 2016, ORDINANCE NO. 38, SERIES OF 2018,THE REZONING OF A PORTION OF ASPEN SKING COMPANY OWNED LAND AND THE EXCHANGE, ENCUMBRANCE, USE OR CONVEYANCE OF PARTS OF CITY PROPERTIES COMMONLY KNOWN AS WILLOUGHBY PARK AND LIFT ONE PARK AND OTHER ADJACENT CITY PROPERTY FOR USE IN THE DEVELOPMENT AND IMPROVEMENT OF A NEWLY CONFIGURED AND CONSTRUCTED SKI LIFT, THE RECONFIGURATION OF THE PRIVATELY OWNED LOTS TO BE DEVELOPED IN ACCORDANCE WITH SUCH ORDINANCE NO. 38, SERIES OF 2018, AND THE USE OF PARTS OF CITY PROPERTY (INCLUDING A BUILDING TO BE RELOCATED TO CITY PROPERTY) BY ASPEN SKIING COMPANY AND THE ASPEN HISTORICAL SOCIETY FOR SKI WAY, SKI OPERATIONS SKI SERVICES, SKI PATROL AND A SKI MUSEUM. WHEREAS,pursuant to Section 5.5 of the Home Rule Charter of the City, the City Council, on its own motion, has the power to submit at a general or special election any proposed ordinance or question to a vote of the people; and, WHEREAS, pursuant to Section 13.4 of the Home Rule Charter of the City, the City Council shall not sell, exchange or dispose of public building, utilities or real property in use for public purposes,including real property acquired for open space purposes,without first obtaining the approval of a majority of the electors voting thereon. Additionally, the City Council shall not cause or permit the change in use of the real property acquired for open space purposes, other than for recreational, agricultural or under-ground easement purposes, without first obtaining the approval of a majority of the electors voting thereon. Further, under such Section 13.4 of the Home Rule Charter, no real property acquired for open space purposes shall be sold, exchanged, disposed of, or converted to other uses other than for recreational, agricultural or underground easement purposes, unless such open space is replaced with other open space property of equivalent or greater value as of the date of sale or conversion as determined by the City Council by resolution following a public hearing taking into consideration monetary,environmental,and aesthetic values; and, WHEREAS, the Aspen City Council has reviewed proposed Ordinance No. 39, Series of 2016,proposed Ordinance No. 38, Series of 2018 and the rezoning of a portion of Aspen Skiing Company owned land from the Conservation (C) Zone District to the Lodge (L) Zone District, the proposed exchange, encumbrance, use or conveyance of parts of property commonly known as Willoughby Park and Lift One Park and other adjacent City property for use in the development and improvement of a newly configured and constructed ski lift, the enlargement of the privately owned Lots to be developed in accordance with such Ordinance No. 38, Series of 2018, and the use of parts of City property (including a building to be relocated to City property)by Aspen Skiing Company and the Aspen Historical Society for ski way, ski operations, ski services,ski patrol and a ski museum, as well as a financial contribution by the City for certain improvements, and has determined that it is appropriate to submit all matters to the electorate for consideration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: Section 1. The following question shall be submitted to the registered electors of the City of Aspen in the regular municipal election to be held on March 5,2019: SHALL THE CITY OF ASPEN APPROVE ORDINANCE NO. 39, SERIES OF 2016, ORDINANCE NO. 38, SERIES OF 2018, THE REZONING OF A PORTION OF ASPEN SKIING COMPANY OWNED LAND FROM CONSERVATION (C) ZONE DISTRICT TO THE LODGE (L) ZONE DISTRICT AND THE EXCHANGE, ENCUMBRANCE, USE OR CONVEYANCE OF PARTS OF PROPERTIES COMMONLY KNOWN AS WILLOUGHBY PARK AND LIFT ONE PARK AND OTHER ADJACENT CITY PROPERTY, FOR USE IN THE DEVELOPMENT AND IMPROVEMENT OF A NEWLY CONFIGURED AND CONSTRUCTED SIU LIFT, THE RECONFIGURATION OF THE PRIVATELY OWNED LOTS TO BE DEVELOPED IN ACCORDANCE WITH SUCH ORDINANCE NO. 38, SERIES OF 2018, AND THE USE OF PARTS OF CITY PROPERTY (INCLUDING A BUILDING TO BE RELOCATED TO CITY PROPERTY) BY ASPEN SKIING COMPANY AND THE ASPEN HISTORICAL SOCIETY FOR SKI WAY, SKI OPERATIONS, SIU SERVICES, SIU PATROL AND A SIU MUSEUM, ALL OF WHICH APPROVALS WOULD COMBINE TO AUTHORIZE DEVELOPMENT OF TWO PROJECTS COMMONLY KNOWN AS THE GORSUCH HAUS PROJECT AND THE LIFT ONE LODGE PROJECT, WHICH PROJECTS INCLUDE THE PROPOSED REPLACEMENT AND RELOCATION OF THE LIFT 1A SKI LIFT AND ASSOCIATED SIU OPERATIONS AT THE BASE OF ASPEN MOUNTAIN, THE DEVELOPMENT OF A SKIWAY AND ASSOCIATED SKI OPERATIONS, INFRASTRUCTURE AND FACILITIES ALONG THE NEW LIFT CORRIDOR, AND OTHER DEVELOPMENT ALONG THE NEW LIFT CORRIDOR TO INCLUDE LODGE UNITS, TIMESHARE LODGE UNITS, FREE- MARKET RESIDENTIAL UNITS, AFFORDABLE HOUSING UNITS, AND COMMERCIAL NET LEASABLE AREA, A RELOCATED LODGE BUILDING TO BE USED AS A SIU MUSEUM AND SKIER SERVICES AND SIU PATROL USES, A RELOCATED RESTAURANT BUILDING FOR COMMERCIAL USE, AND PARKING FACILITIES AND THE CONTRIBUTION BY THE CITY OF ASPEN OF A FIXED AMOUNT OF $4,360,000 IN SUPPORT OF THE PUBLIC FACING ELEMENTS OF THE PROJECT, INCLUDING IMPROVEMENTS TO DEAN STREET AND THE RELOCATION AND REHABILITATION OF THE SKIERS' CHALET LODGE? YES NO INTRODUCED, READ AND ADOPTED by the City C uncil of the 'ty of Aspen on the -3-_day of ,2019. StejmvSk n, ayor I, Linda Manning,duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,Colorado,at a meeting held on the day hereinabove stated. f4nda Manning, City C k