HomeMy WebLinkAboutresolution.council.022-15 RESOLUTION NO.22
(Series of 2015)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO,SETTING THE TITLE OF A CHARTER AMENDMENT TO ASPEN
HOME RULE CHARTER SUBMITTED BY PETITIONERS.
WHEREAS,Article XX, Section 10 of the Colorado Constitution authorizes
home rule municipalities to amend their home rule charters through such procedures as
may be enacted by the state general assembly; and,
WHEREAS,the state legislature has enacted Section 31-2-210, C.R.S., which
section sets forth the procedures for amending a city's home rule charter; and,
WHEREAS, pursuant to C.R.S., Section 31-2-210(1)(a)((I), five registered
electors of the City of Aspen filed with the City Clerk a statement of intent to circulate a
petition for the amendment of the City of Aspen Home Rule Charter; and,
WHEREAS,pursuant to C.R.S., Section 31-2-210(1)(a)(III) five percent of the
registered electors of the City of Aspen registered on the date of filing the statement of
intent signed the petition proposing the amendment to the Charter and such signed
petitions were timely submitted to the City Clerk and the City Clerk has certified to the
City Council the validity.and sufficiency of such petitions; and,
WHEREAS, pursuant to C.R.S., Section 31-2-210(3), following the certification
by the Clerk of the validity and sufficiency of the petitions, the Council shall set the
ballot title for the proposed amendment, which by definition includes the submission
question.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ASPEN,COLORADO,THAT:
The ballot title and submission question shall read as follows:
CITY OF ASPEN REFERENDUM NO. 1
AMENDMENT TO CITY CHARTER—REGARDING MUNICIPAL CODE
VARIATIONS FOR CERTAIN LAND USE APPLICATIONS.
Shall Article XIII of the Home Rule Charter of the City of Aspen be amended by
the addition of the following?
Section 13.14—Voter authorization of certain land use approvals.
(a)Any land use approval granted by the City of Aspen, or an amendment to a
previous land use approval, including those granted as a result of litigation, on land
within the zone districts listed in paragraph (b), that exceeds the zoning limitations for
allowable floor area or maximum height(including height restricted by view planes), or
which reduces the requirements for the amount of off-street parking spaces or affordable
housing, shall not be effective unless subsequently approved by a majority of all City
electors voting thereon.
(b) Except as set forth herein below, the provisions of paragraph(a) shall apply to
all properties east of Castle Creek within the following zone districts on January 1, 2015:
Commercial Core (CC) zone district, Commercial (C-1)zone district,
Service/Commercial/Industrial (S/C/1) zone district,Neighborhood Commercial (NC)
zone district, Mixed Use (MU)zone district, Lodge(L) zone district, Commercial Lodge
(CL) zone district, Lodge Overlay(LO)zone district, Lodge Preservation Overlay(LP)
zone district.
(c) Although within the zone districts set forth in paragraph (b), the following
shall be exempt from the provisions of paragraph (a): single-family and duplex homes,
replacement of non-conforming structures, and variations necessary to meet the
requirements of the Americans with Disabilities Act(ADA),the Federal Fair Housing
Act(FHA), the Federal Telecommunications Act(FTA), to implement energy efficiency
measures, to meet applicable building and fire codes, or an amendment to a previous land
use approval that reduces height or floor area or increases the amount of parking or
affordable housing.
(d) The approval of the electorate required by this Section shall take place at the
next available previously scheduled state or county election, the next general municipal
election or a special election set by the Council, whichever is earlier.
(e) The City of Aspen shall amend the Land Use Regulations to be consistent
with this Home Rule Charter Amendment.
Yes []
No []
INTRODUCED, READ AND ADOPTED by theCity Council of the City of Aspen
on the day of A oa 1- 2015.
Steven Skadron, Mayor
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.
9
inda Manning, City Clerk