HomeMy WebLinkAboutordinance.council.015-15 ORDINANCE No. 15
(Series of 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING A PROGRAM TO
ASSIST SMALL LODGES TO CONTINUE OPERATING AS SMALL LODGES.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore code amendments related to the
creation of a small lodge preservation program to bolster the bed base in both traditional hotel
units, particularly in small lodges; and,
WHEREAS, the Community Development Department conducted existing conditions
research to understand Aspen's existing lodge inventory, the occupancy and rate characteristics
of Aspen's bed base, the economics of upgrading, expanding, or developing lodge products, the
latest visitor demographics, and the types of lodging product most in demand; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted extensive Public Outreach with community members, the Aspen
Chamber Resort Association,condominium and lodging owners, managers, and stakeholders, the
Planning & Zoning Commission, the Historic Preservation Commission, and City Council
regarding lodging; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on December 1, 2014 and December 8, 2014, the City Council directed staff to draft a code
amendment to assist small lodges to continue operating as small lodges; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to Title 26, the City of Aspen Land Use Code to implement a small lodge
assistance program; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
and,
WHEREAS,the City Council finds that this Ordinance implements the City's goals related
replenishing and diversifying the lodging inventory, as articulated in the 2012 Aspen Area
Community Plan; and
WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Code Amendment Obiectives
The goals and objectives of the code amendment, as outlined in the Policy Resolution, are to:
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Ordinance 15, Series 2015
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a. Recognize that the bed base, particularly the small lodges, is a critical part of the City's
overall infrastructure.
b. Ensure the,Aspen bed base provides a number, diversity, and quality of lodging options to
be attractive and welcoming to the next generation of visitors.
c. Encourage investment in existing lodges to meet visitor expectations.
d. Strive for lodging being the "highest and best"use in the lodging zone.
e. Make sure the bed base continues to be compatible with community character.
f. Focus on small and economy/moderate lodge investment first.
g. Reduce or eliminate city process and fee barriers to investment in existing lodge properties.
Section 2: Applicability and Timeframe
The Small Lodge Preservation Program (hereinafter "Program") is established for a period of
five (5) years from the date of passage of this Ordinance. During that time, the Program is
available to the existing small lodges listed below, only for such time as they remain small
lodges:
Hotel Address
Annabelle Inn 232 W Main St
Aspen Mountain Lodge 311 W Main St
Boomerang Lodge 500 W Hopkins Ave
Chalet Lisl 100 E Hyman Ave
Hearthstone House 134 E Hyman Ave
Hotel Durant 122 E Durant Ave
Molly Gibson 101 W Main St
Hotel Aspen 110 W Main St
Mountain Chalet 333 E Durant Ave
Snow Queen Lodge 124 E Cooper Ave
St. Moritz Lodge 334 W Hyman Ave
Tyrolean Lodge 200_W Main St
A new small lodge is eligible to participate in the program if it meets all of the following criteria:
1. Contains fifty (50) or fewer rooms, and
2. Is located in the Lodge (L), Commercial Lodge (CL), Lodge Preservation Overlay (LP),
or Lodge Overlay (LO) zone districts.
City Council, at its sole discretion, may amend the lodges eligible for or extend the timeframe of
the Small Lodge Preservation Program by Resolution.
Section 3: Small Lodge Planning Assistance
Planning assistance is available to assist the small lodges through the City of Aspen land use and
building permit processes, as well as identifying non-city programs, such as CORE grants, that may
be of assistance to the small lodge.
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Ordinance 15, Series 2015
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The planning assistance described above is dependent on the funding available to provide the
assistance.
Section 4: Express Lane for Land Use Reviews
Small lodges are eligible for expedited review of all land use cases. A small lodge requesting
expedited review shall include the request in their land use application, and shall be scheduled for
the initial public hearing as quickly as possible. This expedited review shall in no way waive any
application requirements, including that the project application be complete prior to scheduling of
any public hearings.
Section 5: Express Lane for BuildinjZ Permit Reviews
Small lodges are eligible for expedited review of all building permits. Complete submittals for
small lodge projects will be reviewed ahead of standard building permit submittals. Standard
projects do not include affordable housing projects, phased permits, and other projects the Building
Department defines as "non-standard." Resubmittals for small lodge projects will be queued with
all other permits.
The queuing described above is dependent on the funding available to review small lodge
projects ahead of standard projects.
Section 6: Building Code Assessment
Small lodges are eligible for a free building code assessment to identify areas of the lodge that
could or should be upgraded to current building codes. The assessment will be completed by a
third party, and reimbursed by the city up to $0.50 per square foot.
The building code assessments described above are dependent on the funding available to
provide the additional subsidies.
Section 7: Small Lodge Energy Efficiency Program
Small lodges are eligible for free energy audits and additional subsidies for energy efficiency
improvements through a new Small Lodges Energy Program. This program would provide
subsidies for,energy audits and improvements after the existing CORE and City of Aspen Energy
Efficiency subsidies are applied. Energy improvements up to $20,000 are eligible for a combined
CORE, City of Aspen Energy Efficiency Program, and Small Lodges Energy Efficiency Program
subsidy, up to 100% of the project cost. Energy Improvements above $20,000 are eligible for a
combined 50% subsidy.
The energy benefits described above are dependent on the funding available to provide the
additional subsidies.
Section 8: Small Lodges Building Permit Fee Discounts
Small lodges are eligible for a discount on building permit fees. Chapter 2.12.100 of the Municipal
Code is hereby amended to add the following language:
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Community Purpose Discount Programs
Applications for Building Permits for Small Lodges, as defined in Ordinance 15, Series 2015,
are eligible for reduced building permit review fees based on the following schedule. To be
eligible for the discount, all lodges must enter into an agreement with the City stating that the
property will remain a lodge for a minimum number of years, and that if the use changes
during that time period the property shall owe the City 100% of the building permit fees. The
reductions shall apply to Plan Check, Energy Code, Zoning Review, Engineering Review,
Utility Review, CMP, and Building Permit, Fees.
% of Building Length of
Category of Work Permit fee City
charged Agreement
Minor interior upgrade (i.e. paint, carpet, light fixtures) 25% 5 Years
Minor exterior upgrade (i.e. new windows, new o
paint/exterior materials) 25/0 5 years
Major interior upgrade A (i.e. remodel units, including 50% 10 years
bathrooms)
Major interior upgrade B (i.e. remodel common areas and 50% 10 years
any kitchen/food service facilities)
Redevelopment or Major Expansion 75% 20 years
Section 9: Improvements.in the Right-of-Way
The cost, as approved by the City, of any required public improvements located in the public
right-of-way, such as curb & gutter, sidewalks, and street trees that are related to the Small
Lodge Preservation Program shall be reimbursed by the City. The Small Lodge shall be
responsible for the design and completion of the improvements, and the City shall reimburse the
Small Lodge for the cost of the improvements following final Certificate of Occupancy. The
allowable reimbursement is provided for in the Small Lodge Right-of-Way Improvement
estimate schedule on file with the City of Aspen Engineering Department. This schedule will be
updated on an annual basis to account for construction inflation costs.
Section 10: Costs associated with the program
All costs to the City for all program elements outlined herein are subject to available funds.
Section 11: Budget authority
City Council hereby grants budget authority of $5,000 for the Small Lodge Planning Assistance
(Section 3), and $20,000 for Small Lodge Energy Efficiency Program (Section 7). Money will be
formally allocated during the Fall 2015 Supplemental Budget.
All other programs shall have no available funding for 2015.
Section 12: Any scrivener's errors contained in the code amendments herein, including but not
limited to mislabeled subsections or titles, may be corrected administratively following adoption
of the Ordinance.
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Ordinance 15, Series 2015
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Section 13: Effect Upon Existiniz Litization.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 14: Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 15: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 16:
A public hearing on this ordinance shall be held on the 27th day of May, 2015., at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 27th day of April, 2015.
At st:
inda Manning, City Cl rk Steven Skadr n,MAyor
FINALLY, adopted, passed and approved this 27th day of May,2015.
Att t:
'y si,
Linda Manning, City Cler Steven Skad on,Mayor
Approved as to form:
mes.R. True, City Attorney
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Ordinance 15, Series 2015
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