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Home My WebLink Aboutresolution.council.028-88 RESOLUTION NO. ./;'/ (Series of 19m) A RESOLUTION SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ASPEN, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD OCTOBER 11, 1988, A QUESTION CONCERNING PUD AND SPA DESIGNATIONS FOR HOTEL AND MULTI-FAMILY DWELLINGS WHEREAS, pursuant to Section 5.6 of the City Charter the City Council desires to submit to the registered voters of the City a question concerning PUD and SPA designations for hotel and mUlti-family dwellings; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the special election to be held in the City of Aspen, Colorado, on Tuesday, October 11, 1988, there shall be submitted to a vote of the registered electors of.the City the following question: QUESTION NO. 1 "Shall the City electors approve Ordinance No. 32 (Series of 1988) which has been initiated by petition certified by the City Clerk but rejected by a vote of the City Council at its regularly scheduled meeting on August 8, 1988? Said ordinance is entitled 'An ordinance amending Chapter 24 of the Municipal Code of the City of Aspen with regard to projects involving a hotel or a mUlti-family dwelling which contains kitchen facilities but otherwise meets the defini- tion of a hotel, as follows: - Adding a new subsection B. to Section l-l04 to make such hotels or multi-family dwellings, including all pending development applications, pending building permit applica- tions, or pending amendments to prior development approvals or orders subject to the provisions of Chapter 24, as amended hereby: - Adding a sentence to section 7-902 so as to prohibit a planned unit development (PUD) designation for such hotels or multi-family dwellings on land zoned L/TR or CL or lands of any zoning designation, other than the LP zone, if the proposed PUD is for such a hotel or mUlti-family dwelling; - Adding a new subsection D. to Section 7-907 to prevent any amendments, other than insubstantial amendments for techni- calor engineering considerations, to be allowed to existing PUDs in the L/TR or CL zone districts, or, if the amendment is for such hotels or multi-family dwellings, lands of any zoning district other than LP zone; - Adding a new subsection B.4. to section 8-l07 to prohibit amendments, other than insubstantial amendments for techni- calor engineering considerations, of a development order approving a development allotment (GMP allotment) for development in the L/TR or CL zone districts or, if the amendment is for such hotels or mUlti-family dwellings, any other zoning district other than the LP zone; - Adding a new subsection A.4. to section 8-l08 to prohibit extensions of development orders approving a development allotment (GMP allotment) for such hotels or mUlti-family dwellings in the L/TR or CL zone districts or in any zone district other than the LP zone; - Adding two new sentences to section 7-802 to prohibit an SPA designation on land zoned L/TR or CL or any zone where the proposed development involves such a hotel or multi- family dwelling; to provide that development of such a hotel or mUlti-family dwelling in any existing SPA designation or amendment of any development approval or order for any existing SPA designation must obtain final SPA approval which must then be approved by a majority of the electors of the City voters on the approval or amendment.' copies of the proposed ordinance shall be available to the public in the office of the City Clerk and at the polls at the time of the election." 2 Section 2 There shall be one municipal election precinct for the aforesaid election. The polling place shall be at the Upper Elementary School, llO East Hallam, Aspen, Colorado 8l6ll. section 3 The aforesaid special election shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. The provision for the registration of electors and for voting by absentee ballot on the question shall be in accordance with the Colorado Municipal Election Law. The votes at said election shall be registered on electronic voting machines at the polling place. The ballot label shall read as follows: QUESTION NO. 1 "Shall the City electors approve Ordinance No. 32 (Series of 1988) which has been initiated by petition certified by the City Clerk but rejected by a vote of the City Council at its regularly scheduled meeting on August 8, 1988? Said ordinance is entitled 'An ordinance amending Chapter 24 of the Municipal Code of the City of Aspen with regard to projects involving a hotel or a multi-family dwelling which contains kitchen facilities but otherwise meets the defini- tion of a hotel, as follows: - Adding a new subsection B. to section l-l04 to make such hotels or mUlti-family dwellings, including all pending development applications, pending building permit applica- tions, or pending amendments to prior development approvals or orders SUbject to the provisions of Chapter 24, as amended hereby: 3 - Adding a sentence to section 7-902 so as to prohibit a planned unit development (PUD) designation for such hotels or mUlti-family dwellings on land zoned L/TR or CL or lands of any zoning designation, other than the LP zone, if the proposed PUD is for such a hotel or mUlti-family dwelling; - Adding a new subsection D. to Section 7-907 to prevent any amendments, other than insubstantial amendments for techni- calor engineering considerations, to be allowed to existing PUDs in the L/TR or CL zone districts, or, if the amendment is for such hotels or multi-family dwellings, lands of any zoning district other than LP zone; - Adding a new subsection B.4. to section 8-107 to prohibit amendments, other than insubstantial amendments for techni- calor engineering considerations, of a development order approving a development allotment (GMP allotment) for development in the L/TR or CL zone districts or, if the amendment is for such hotels or mUlti-family dwellings, any other zoning district other than the LP zone; - Adding a new subsection A.4. to section 8-l08 to prohibit extensions of development orders approving a development allotment (GMP allotment) for such hotels or mUlti-family dwellings in the L/TR or CL zone districts or in any zone district other than the LP zone; - Adding two new sentences to section 7-802 to prohibit an SPA designation on land zoned L/TR or CL or any zone where the proposed development involves such a hotel or multi- family dwelling; to provide that development of such a hotel or multi-family dwelling in any existing SPA designation or amendment of any development approval or order for any existing SPA designation must obtain final SPA approval which must then be approved by a majority of the electors of the City voters on the approval or amendment.' Copies of the proposed ordinance shall be available to the public in the office of the City Clerk and at the polls at the time of the election." On each voting machine there shall be spaces which will permit the elector to indicate his or her vote "FOR THE QUESTION" or "AGAINST THE QUESTION". 4 section 4 Notice of the election on the proposed question shall be published in the Asoen Times, a newspaper published and of general circulation in said City, and the edition of said newspaper dated , 1988, and a copy of such Notice shall be posted in the office of the City Clerk at least ten (lO) days before the election. The City Clerk is hereby charged with the duty of giving Notice of the election, the question to be submitted, as hereinabove provided, which notice shall be in substantially the following form: "PUBLIC NOTICE OF THE SUBMISSION OF A PROPOSED QUES- TION TO THE VOTERS OF THE CITY OF ASPEN, COLORADO, AT THE SPECIAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, October ll, 1988 PUBLIC NOTICE IS HEREBY GIVEN THAT, at the special election to be held in the City of Aspen on Tuesday, October ll, 1988, between the hours of 7 a.m. and 7 p.m., there will be submitted a proposed question to the registered electors of the City as follows: QUESTION NO.1 "Shall the City electors approve Ordinance No. 32 (Series of 1988) which has been initiated by petition certified by the City Clerk but rejected by a vote of the City Council at its regularly scheduled meeting on August 8, 1988? Said ordinance is entitled 'An ordinance amending Chapter 24 of the Municipal Code of the City of Aspen with regard to projects involving a hotel or a mUlti-family dwelling which contains kitchen facilities but otherwise meets the defini- tion of a hotel, as follows: - Adding a new subsection B. to section 1-104 to make such hotels or mUlti-family dwellings, including all pending development applications, pending building permit applica- tions, or pending amendments to prior development approvals ~-. 5 or orders subject to the provisions of Chapter 24, as amended hereby: - Adding a sentence to Section 7-902 so as to prohibit a planned unit development (PUD) designation for such hotels or mUlti-family dwellings on land zoned L/TR or CL or lands of any zoning designation, other than the LP zone, if the proposed PUD is for such a hotel or mUlti-family dwelling; - Adding a new subsection D. to section 7-907 to prevent any amendments, other than insubstantial amendments for techni- calor engineering considerations, to be allowed to existing PUDs in the L/TR or CL zone districts, or, if the amendment is for such hotels or mUlti-family dwellings, lands of any zoning district other than LP zone; - Adding a new subsection B.4. to section 8-107 to prohibit amendments, other than insubstantial amendments for techni- calor engineering considerations, of a development order approving a development allotment (GMP allotment) for development in the L/TR or CL zone districts or, if the amendment is for such hotels or mUlti-family dwellings, any other zoning district other than the LP zone; - Adding a new subsection A.4. to section 8-108 to prohibit extensions of development orders approving a development allotment (GMP allotment) for such hotels or multi-family dwellings in the L/TR or CL zone districts or in any zone district other than the LP zone; - Adding two new sentences to Section 7-802 to prohibit an SPA designation on land zoned L/TR or CL or any zone where the proposed development involves such a hotel or multi- family dwelling; to provide that development of such a hotel or multi-family dwelling in any existing SPA designation or amendment of any development approval or order for any existing SPA designation must obtain final SPA approval which must then be approved by a majority of the electors of the City voters on the approval or amendment.' Copies of the proposed ordinance shall be available to the public in the office of the City Clerk and at the polls at the time of the election." POLLING PLACE Upper Elementary School, llO East Hallam, Aspen, Colorado. 6 Those electors who are otherwise fully qualified to vote on said question at such election, but who are or will be unable to appear at the polling place on the date of the election, may apply in writing at the office of the City Clerk, at the Aspen City Hall, for an absentee ballot, or at any time during business hours, on or before I12a" ~~ '7. / '1 S-fr' . -' The votes cast shall be recorded on voting machines and said election shall be held, conducted and the returns thereof shall be returned, canvassed and declared, as nearly as may be in the manner prescribed by law for the special election of municipal officers. IN WITNESS WHEREOF, the~ity Counci~ has caus~d this notice to be given as of this &;}I- day of ,~Lt:.Li_-k.--/'x-t:....0U' 1988. ;/ / \. 1/ .i.~ i.Lz. IG~J ;d ~ i- <<---V Kathryn . Koch, city Clerk Published in: As~es /, Published on: :></ .; '. J<-!4\./' c..;t.ft {.{eZU~,J 6- . i.:-f < ) Dated: '_~/~-L/)Llc".:...-U , 1988. /6 , 1988. . ~~~~ William L. Stirling, May r I, Kathryn S. Koch, 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 ~~ b 1ge8. / / .I>~ ~tUj~1.) )4 ~ t/, Kathryn ~/ Koch, City Clerk 7