HomeMy WebLinkAboutresolution.council.080-21 RECEPTION#: 680850, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
RESOLUTION N0. 80 Pg 1 of 4,09/24/2021 at 10:42:38 AM
Janice K.Vos Caudill, Pitkin County, CO
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN, AT THE
COORDINATED ELECTION ON NOVEMBER 2, 2021, A CERTAIN QUESTION
RELATING TO THE ADOPTION OF ORDINANCE NO. 17 AND ORDINANCE NO.
18, SERIES OF 2021, THE REZONING OF A PORTION OF ASPEN OWNED LAND
AND THE EXCHANGE OF SUCH PROPERTY FOR A CONSERVATION EASEMENT
OVER AND ACROSS LAND LOCATED ADJACENT TO THE CITY OF ASPEN AND
KNOWN AS THE PRIDE OF ASPEN APPROVED BY ASPEN CITY COUNCIL
PURSUANT TO RESOLUTION NO. 77, SERIES OF 2021, THE RECONFIGURATION
OF THE PRIVATELY OWNED LOTS TO BE DEVELOPED IN ACCORDANCE WITH
SUCH ORDINANCE NO. 17 AND ORDINANCE NO. 18, SERIES OF 2021, AND THE
USE OF PARTS OF CITY PROPERTY PURSUANT TO A LANDSCAPE EASEMENT.
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, evidence does not indicate that the City owned land that is the subject
of this proposed exchange was acquired for open space purposes or ever in public use;
nonetheless, the City Council hereby determines that the monetary, environmental, and
aesthetic values of the conservation easement over approximately 19.329 acres
(approximate 841,971 square feet) of the property known as the Pride of Aspen far
outweighs the monetary, environmental, and aesthetic values of the 0.092 acres (4,000
square feet) of City owned land to be conveyed and developed and the 0.046 acres (1,999
square feet) as a landscape easement to be granted pursuant Ordinance No. 17 and
Ordinance No. 18, Series of 2021 and Resolution No. 77; and,
WHEREAS, the Aspen City Council has reviewed proposed Ordinance No. 17 and
Ordinance No. 18, Series of 2021, and the proposed exchange, encumbrance, use or
conveyance of parts of property at or adjacent to 501 West Hopkins Avenue, for use in the
development and improvement of a newly configured residential property, the enlargement
of the privately owned Lot to be developed in accordance with such Ordinance No. 17 and
Ordinance No. 18, Series of 2021, the rezoning of a portion of City owned land to be
conveyed by the City pursuant to the exchange from the Park (P) Zone District to the
Medium Density Residential (R-6) Zone District, in exchange for a conservation easement
over and across the property known as the Pride of Aspen and has determined that it is
appropriate to submit all matters to the electorate for consideration pursuant to Section 5.5
of the Home Rule Charter of the City; and,
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WHEREAS, the Aspen City Council has reviewed and approved pursuant to
Resolution No. 77, Series of 2021, an Agreement for Conveyance of Conservation
Easement in Exchange for a Parcel of Land, to which is attached a Deed of Conservation
Easement and a Landscaping and Yard Easement Agreement, subject to and conditioned
upon voter approval.
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 coordinated election to be held on November 2,2021:
SHALL THE CITY OF ASPEN APPROVE ORDINANCE NO. 17
AND ORDINANCE NO. 18,SERIES OF 2021,AND THE PROPOSED
EXCHANGE, ENCUMBRANCE, USE AND CONVEYANCE OF
PARTS OF PROPERTY AT OR ADJACENT TO 501 WEST
HOPKINS AVENUE, FOR THE ENLARGEMENT OF THE
PRIVATELY OWNED LOT AND FOR THE REZONING OF A
PORTION OF CITY OWNED LAND TO BE CONVEYED BY THE
CITY FROM THE PARK (P) ZONE DISTRICT TO THE MEDIUM
DENSITY RESIDENTIAL (R-6) ZONE DISTRICT, IN EXCHANGE
FOR A CONSERVATION EASEMENT OVER AND ACROSS THE
PROPERTY KNOWN AS THE PRIDE OF ASPEN, AS SET FORTH
IN RESOLUTION NO.77,SERIES OF 2021?
YES
NO
T ODUCE , READ.AND ADOPTED by the City Council of the City of Aspen
on the day of ,2021.
7 9d,
Torre, Mayor
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I,Nicole Henning, 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.
%Le-
Nicole Henning, City Cl k
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