HomeMy WebLinkAboutordinance.council.023-17 ORDINANCE No. 23
Series of 2017
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING CODE
AMENDMENTS RELATED TO LAND USE CODE SECTION 26.100.104,
DEFINITIONS, SECTION 26.100.110, USE CATEGORIES, CHAPTER 26.515,
TRANSPORTATION AND PARKING MANAGEMENT, SECTION 26.575,
MISCELLANEOUS REGULATIONS, CHAPTER 26.710, ZONE DISTRICTS, AND
CHAPTER 26.470, GROWTH MANAGEMENT QUOTA SYSTEM, AND TO AMEND
THE SMALL LODGE PRESERVATION PROGRAM ESTABLISHED IN ORDINANCE
15, SERIES 2015.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land
Use Code, the City Council of the City of Aspen directed the Community Development
Department to craft code amendments to related to the definition of Lodge and the lodge audit
standards, parking regulations, zone district standards, and changes to the Growth Management
Quota system; and,
WHEREAS, the code and ordinance amendments contained herein are a follow up to the
2016-2017 Land Use Moratorium, which included extensive Public Outreach pursuant to Section
26.310.020(B)(1); and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted additional Public Outreach with the Planning & Zoning Commission, City
Council, and Small Lodge Preservation Program participants regarding the definition of Lodge
and the development of a lodge unit quota system; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on September 25, 2017, the City Council approved Resolution No. 126, Series 2017, by a five to
zero (5—0)vote, requesting code amendments to the Land Use Code; and,
WHEREAS; Aspen Area Community Plan policy IV.1 (Managing Growth for Community
& Economic Sustainability) calls for regulations which minimize the further loss of lodging
inventory; and
WHEREAS, Aspen Area Community Plan policy IV.2 (Managing Growth for Community
& Economic Sustainability) calls for regulations which replenish the declining bed base with an
emphasis on a balanced inventory and diverse price points; and
WHEREAS, Aspen Area Community Plan policy IVA (Managing Growth for Community
& Economic Sustainability) states that zoning and land use processes should result in lodging
development that is compatible and appropriate within the context of the neighborhood; and
WHEREAS,Aspen Area Community Plan policy VII1.2 (Managing Growth for Community
& Economic Sustainability)requires there be certainty in zoning and the land use process; and
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WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code; and
WHEREAS, the Aspen City Council finds that the amendments meet or exceed all
applicable standards pursuant to Chapter 26.310 and that the approval of the amendments is
consistent with the goals and elements of the 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: The following use category shall be added to Section 26.104.110, Use Categories:
Lodge, Boutique uses.
Characteristics A whole building or parcel containing between ten (10) and fourteen (14)
individual units used for overnight lodging by the general public on a short-
term basis for a fee, with or without kitchens within individual units, with or
without meals provided, and which has common reservation and cleaning
services, combined utilities and on-site management and reception services.
On-site, in-person management and reception services must be provided
during normal business hours. Remote management and reception services
may be provided all other times.
For Boutique Lodges with flexible unit configurations, also known as "lock-
off units," each rentable division or"key" shall constitute a lodge unit for the
purposes of this Title. Each unit shall be designed such that the finished floor
level of fifty percent(50%)or more of the unit's net livable area is at or above
natural or finished grade, whichever is higher. This dimensional standard
may be varied through Special Review, pursuant to Chapter 26.430.
Occupancy periods of a Boutique Lodge or unit thereof by individuals or
entities with any ownership interest in the Boutique Lodge or unit thereof and
any non-paying guests of such owners shall not exceed thirty(30)consecutive
days or exceed a cumulative total of ninety(90)days within any calendar year
for all such owners and non-paying guests. For the purposes of this section,
if two or more units or fractional interests are owned by separate corporations,
limited liability companies or partnerships with common owners or a
common owner of all or any portion of the separate corporate, company or
partnership interests, the unit or fractional interest shall be deemed in one
ownership for the purposes of determining the occupancy limitations set forth
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herein. Occupancy periods for persons or entities with no ownership interest
in a property(e.g. vacationers) shall be limited to thirty(30) consecutive days
and ninety (90) days per calendar year.
Examples Motels, hotels, and timeshare (fractional) and condo hotels. See section
26.590 for standards governing the establishment and management of
timeshare (fractional) developments.
Accessory Uses Accessory uses may include offices related to the operation of the primary
use, maintenance facilities for the uses on the site, parking, and garbage,trash
and recycling areas consistent with City Code Chapter 12.04.
Restaurants and retail uses are allowed up to the FAR limits and in the
locations prescribed by the applicable zone. Accessory uses must be located
within the footprint or parcel of the associated lodge use.
Exceptions Single-family,duplex and multi-family dwelling units the primary purpose of
which is transient occupancy by an owner, but which are secondarily made
available on a short-term basis as a vacation rental, are classified as residential
uses. Single-family, duplex and multi-family dwelling units that are located
on a parcel not adjacent to an associated lodge use are classified as residential
uses.
Bed and breakfasts are classified as residential uses.
Boutique Lodges established (applied for or received a development order or
certificate of occupancy) prior to the adoption of Ordinance 23, 2017 are
considered legally established and are exempt from the standards of section
26.425.035, Conditional Use, and 26.470.110.F, Reduction in Lodge Units,
until such time as a redevelopment or change is requested for the property.
Section 2. The following definition in Section 26.104.100, Definitions, shall be deleted:
Lodge: Same as Hotel.
Section 3: The use category. Hotel (Lodge) in Section 26.104.110, Use Categories, shall be
deleted and replaced with the following:
Lodge uses.
Characteristics A building or parcel containing at least fifteen (15) individual units used for
overnight lodging by the general public on a short-term basis for a fee, with
or without kitchens within individual units, with or without meals provided
and which has common reservation and cleaning services, combined utilities
and on-site management and reception services.
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On-site, in-person management and reception services must be provided
during normal business hours. Remote management and reception services
may be provided all other times.
To qualify as a Lodge use, the property must have at least three (3) of the
following amenities on-site:
• Commercial kitchen or other in-house food service,
• On or off-site fitness or gym facilities,
• Pool, hot tub, sauna, or spa facilities,
• Lounge,
• Entertainment facilities accessible to guests,
• Bar or restaurant,
• Retail or services (such as guide services, concierge, equipment
rental or repair, spa or beauty facility),
• Meeting, conference, entertainment, or ballroom facilities,
• Other amenities as may be provided to address the specific lodge
needs.
The extent of the amenities provided should be proportional to the size of
the development. The types of amenities should be consistent with the
planned method and style of operating the development.
For Lodges with flexible unit configurations, also known as "lock-off units,"
each rentable division or "key" shall constitute a lodge unit for the purposes
of this Title.
Occupancy periods of a Lodge or unit thereof by individuals or entities with
any ownership interest in the Lodge or unit thereof and any non-paying guests
of such owners shall not exceed thirty (30) consecutive days or exceed a
cumulative total of ninety (90) days within any calendar year for all such
owners and non-paying guests. For the purposes of this section, if two or
more units or fractional interests are owned by separate corporations, limited
liability companies or partnerships with common owners or a common owner
of all or any portion of the separate corporate, company or partnership
interests, the unit or fractional interest shall be deemed in one ownership for
the purposes of determining the occupancy limitations set forth herein.
Occupancy periods for persons or entities with no ownership interest in a
property(e.g. vacationers) shall be limited to thirty(30)consecutive days and
ninety (90) days per calendar year.
Examples Motels,, hotels, timeshare (a.k.a. fractional) units and timeshare
developments, and hostels. See chapter 26.590 for standards governing the
establishment and management of timeshare (fractional) developments.
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Accessory Uses Accessory uses may include offices related to the operation of the primary
use,maintenance facilities for the uses on the site, parking, and garbage,trash
and recycling areas consistent with City Code Chapter 12.04.
Restaurants and retail uses are allowed up to the FAR limits and in the
locations prescribed by the applicable zone. Accessory uses must be located
within the footprint or parcel of the associated lodge use.
Exceptions Boutique Lodges. Single-family, duplex and multi-family dwelling units the
primary purpose of which is transient occupancy by an owner, but which are
secondarily made available on a short-term basis as a vacation rental, are
classified as residential uses. Single-family, duplex and multi-family
dwelling units that are located on a parcel not adjacent to an associated lodge
use are classified as residential uses.
Bed and breakfasts are classified as residential uses.
Section 4: Section 26.710.140.0, Zone Districts, Commercial Core (CC), Conditional uses,
shall be amended by the addition of the following:
5. Lodge, Boutique.
Section 5: Section 26.710.150.C, Zone Districts, Commercial (C-1), Conditional uses, shall be
amended by the addition of the following:
5. Lodge, Boutique.
Section 6: Section 26.710.180.0, Zone Districts. Mixed-Use (MU), Conditional uses, shall be
amended by the addition of the following:
4. Lodge, Boutique.
Section 7: Sections 26.710.190.0, Zone Districts, Lodge (L), Conditional uses, shall be
amended by the addition of the following:
11. Lodge, Boutique.
Section 8: Section 26.710.190.D.1 La.], Zone Districts, Lodge (L), Dimensional requirements,
Floor area ratio (FAR), shall be deleted and replaced with the following:
1. General retail and specialty retail uses; restaurant, bar and entertainment uses; service
uses; arts, assembly, cultural, civic and community uses; public uses; academic uses;
child care centers: 0.25:1, which may be increased to 0.5:1 by special review,
pursuant to Section 26.430.
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[subsections 2-5 are not amended]
Section 9: Sections 26.710.200.B, Zone Districts, Commercial Lodge (CL), Permitted uses,
shall be deleted and replaced with the following:
B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge
(CL) Zone District:
1. Uses allowed in basement and ground floors: Lodge uses, conference facilities, restaurant,
bar and entertainment uses, office uses, service uses, arts, assembly, cultural, civic and
community uses, recreational uses, academic uses, and childcare center. Uses and facilities
necessary and incidental to uses on Upper Floors. Parking shall not be allowed as the sole
use of the ground floor. Automobile drive-through service is prohibited.
2. Uses allowed on upper floors: Lodge uses, exempt timesharing, offices and activities
accessory to timeshare unit sales (see Chapter 26.590), accessory uses, storage accessory
to a permitted use, affordable multi-family housing, free-market multi-family housing,
vacation rentals. (Food service for on-site lodge guests is an accessory use.)
Section 10: Sections 26.710.200.C, Zone Districts, Commercial Lodge (CL), Conditional uses,
shall be deleted and replaced with the following:
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Lodge (CL) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. The following uses may be located only on upper floors: general retail and specialty retail
uses, restaurant, bar and entertainment uses, service uses, office uses, arts, assembly,
cultural, civic, and community uses, public uses, academic uses or child care centers.
2. Commercial parking facility, pursuant to Chapter 26.515.
3. Formula uses.
4. Lodge, Boutique.
Section 11: Sections 26.710.200.D.1 La, Zone Districts, Commercial Lodge (CL), Dimensional
requirements, Floor area ratio (FAR), shall be deleted and replaced with the following:
a. Commercial uses; arts, assembly, cultural, civic and community uses; public uses;
academic uses; child care centers; commercial parking facility: 1:1.
Section 12: Section 26.710.310.C, Zone Districts, Lodge Overlay, Conditional uses, shall be
amended by the addition of the following:
4. Lodge, Boutique.
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Section 13: Section 26.710.320.C, Zone Districts, Lodge Preservation Overlay, Conditional
uses, shall be amended by the addition of the following:
4. Lodge, Boutique.
Section 14: Section 26.470.070(G), Growth Management Quota System, Exempt development,
Remodeling or replacement of existing lodge development, shall be deleted and replaced with the
following:
G. Remodeling or replacement of existing lodge development. Remodeling or replacement of
existing lodge buildings and portions thereof shall be exempt from the provisions of growth
management, provided that demolition is not triggered, no additional net leasable square footage
or lodge units are created, and there is no change in use. However, reduction of lodging units
shall require approval pursuant to Section 26.470.110(F). If redevelopment involves an
expansion of the number of or size of individual lodge units, only the replacement of existing
lodge units/keys shall be exempt. Existing, prior to demolition, net leasable square footage and
lodge units shall be documented by the City Zoning Officer prior to demolition. Also see
definition of demolition, Section 26.104.100.
Section 15: Section 26.470.080.D.2 and Section 26.470.080.D.7, Growth Management Quota
System, General review standards, shall be deleted and replaced with the following:
2) For lodge development, sixty-five percent (65%) of the employees generated by the
additional lodge pillows, according to Section 26.470.050.13, Employee generation rates,
shall be mitigated through the provision of affordable housing. For the redevelopment or
expansion of existing lodge uses, see section 26.470.100.H.
7) For all affordable housing units that are being provided as mitigation pursuant to this chapter
or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540,
or for any other reason:
[subsections a-g are not amended]
Section 16: Section 26.470.100.H.3, Growth Management Quota System, Planning and Zoning
Commission applications, Expansion or new lodge development, shall be amended,with the
addition of the following:
3)New or redeveloped Boutique Lodges, or the conversion of lodge, residential or commercial
uses to boutique lodge is subject to the mitigation standards for commercial uses as provided for
in section 26.470.080.D.I and 3.
Section 17: Section 26.470.110, Growth Management Quota System, City Council applications,
shall be amended to add Subsection 26.470.1101, Reduction in lodge units, as follows:
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F. Reduction in lodge units. The reduction of units in an existing or approved Lodge or
Boutique Lodge shall be reviewed pursuant to the standards listed below. Review shall be by City
Council pursuant to Section 26.470.060(C) Step Two. Properties ceasing all lodging operations
shall not be subject to this review. Physical changes to the property may be required for
compliance with zoning limitations.
a. The project shall comply with the review standards outlined in Section 26.425.035,
Conditional Use — Boutique Lodge — but shall not be subject to a Conditional Use review
unless required by the underlying zone district or overlay zone district.
b. The proposed use meets the definition of Boutique Lodge or Lodge in section
26.104.110, as applicable.
c. The proposed reduction will likely result in a product that meets customer demand. The
lodge may provide documentation to indicate their targeted consumer's lodging
expectations.
d. The proposed reduction will not likely result in the property being used as a private
residence. The city may request assurances that the lodge is not being converted to a
private residence through a development agreement, or the like.
Section 18: Chapter 26.425 Conditional Uses, shall be amended to add Section 26.425.035,
Standards for Boutique Lodge uses:
Sec. 26.425.035 Standards for Boutique Lodge uses.
When considering a development or change of use application to create a Boutique Lodge use, in
addition to the standards in Section 26.425.050, the Planning and Zoning Commission shall
consider whether all of the following standards are met, as applicable.
A. General Requirements. The proposed use meets the requirements of Boutique Lodge as
provided in Section 26.100.104; and
B. Bed-base diversification. The proposed use will support the lodging sector by contributing to
and diversifying the bed base in the City of Aspen; and
C. On-site amenities. The development contains a sufficient level of on- or off-site recreational
facilities (such as exercise equipment, a pool or spa or similar facilities) and other amenities
(such as a lobby, meeting spaces and similar facilities)to serve the lodge occupants. The extent
of the facilities provided should be proportional to the size of the development. The types of
facilities should be consistent with the planned method and style of operating the development.
D. Management plan. A property management plan shall be submitted for any Boutique Lodge
that is part of a mixed-use parcel (i.e. there are more uses than the Boutique Lodge use on the
parcel).
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E. Decor. The Boutique Lodge units should use a standard palate of decor that has been
established for the property.
F. Signage. A Boutique Lodge shall have a wayfinding or other identification sign so the general
public can find the Boutique Lodge. A signage plan, meeting the requirements of Chapter
26.510, Signs, shall be included in the application.
G. No-residential uses. Based on floor plans and room configurations, the development or
individual units therein will not function as a residential use.
H. Development Documents. The project shall be required to enter a development agreement,
pursuant to Chapter 26.490, Approval Documents, that addresses the ongoing operation as a
Boutique Lodge.
1. Unit Reduction. For applications which propose to reduce the number of units/keys on the
property,the applicant shall demonstrate that the reduction is needed to improve or expand on-
site amenities, meet market demand, or otherwise ensure the ongoing successful operation of
the lodge.
Section 19: Section 26.575.210, Lodge Occupancy Auditing, shall be deleted as replaced with
the following:
Sec. 26.575.210 Lodge occupancy auditing
The Community Development Director shall be authorized to require periodic operational audits
of lodge developments to ensure compliance with the Land Use Code and requirements for lodge
operations. This audit may include, but is not limited to:
• City of Aspen business license number;
• an occupancy report of the lodge and individual units therein;
• whether occupants for each unit were owners, owners' guests, or members of the public;
• whether occupants registered as individuals or a business structure (e.g. Limited Liability
Company);
• an ownership report of all lodge or fractional units, including a report of the names of all
owners of the corporate, company or partnership interests in any entity owning a lodge or
fractional unit.
• the manner in which rooms are reserved by non-owners or owner guests;
• room and unit rate schedules;
• the manner in which short-term occupancies are marketed and managed;
• the origin of bookings, whether through owners, directly, through a third party, or other
means;
• physical aspects of the operation, such as the number of units and pillows in the lodge, the
number of employees employed on site, the number of affordable housing units provided
on site, accessory uses, units and amenities on site and the number of parking spaces
provided on site, and the like;
• the dimensional characteristics of the lodge;
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• an inventory of associated uses, properties and amenities on or off-site and made available
to occupants; and,
• any additional conditions of approval or data and characteristics which may indicate the
manner in which the lodge is used.
The Community Development Director may request that information be provided in a specific
time frame, and may request a site inspection as part of the audit. The lodge audit shall be in the
format determined by the Director. Property owners may request that certain information, such as
marketing strategies or rate schedules, be held in confidence by the City.
Section 20: The following shall be added to Section 26.430.040, Special Review:
J. Whenever a Special Review is conducted to reduce the required percentage of finished floor
level of a lodge unit's net livable area that is at or above natural or finished grade, whichever
is higher, a recommendation from the Community Development Director shall be obtained and
of the following criteria shall be met. The criteria below address only the lodge units that
require a variation from the standard.
1. The proposed lodge units are designed in a manner that is compatible with the character
of the neighborhood.
2. The proposed amount that the lodge units are below natural or finished grade, whichever
is more restrictive, is an appropriate response to unique site constraints, such as
topography.
3. The lodge units are designed to be compatible with and support the successful operation
of the property as a lodge and the use of the individual units therein as viable lodge units.
Section 21: Ordinance 15, Series 2015 Section 2, Applicability and Timeframe, shall be
amended as follows:
A new small lodge is eligible to participate in the program if it meets all of the following criteria:
1. Contains between fifteen (15) and fifty (50) units; and
2. Is not a Boutique Lodge; and
3. Is located in the Lodge (L), Commercial Lodge (CL), Lodge Preservation Overlay (LP),
of Lodge Overlay (LO) zone districts.
Section 22: The following shall be added to Ordinance 15, Series 2015 Section 2, Applicability
and Timeframe:
New Boutique Lodge uses are not eligible to participate in the Small Lodge Preservation Program.
The benefits afforded to lodges participating in the Small Lodge Preservation Program may not be
extended to Boutique Lodge uses. Properties which convert from Lodge to Boutique Lodge shall
forfeit their participation in the Small Lodge Preservation Program. Any financial benefits
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provided to such properties within 18 months prior to the conversion from Lodge to Boutique
Lodge shall be refunded to the City of Aspen.
Section 23: Table 26.515-2 Parking Requirements of Zone District shall be deleted and replaced
with the following:
Table 26.515-2-Parking Requirements by Zone District
Options for Meeting Parking Requirements
Additional TIA Mobility
Credits Commitments Cash-In-Lieu of
(Projects Subject (Projects Exempt On-Site Parking Parking Fee
Location to TIA) from TIA) Provision Payment
* Up to 20%of the
Commercial Core(CC) Up to 2 Requirement. Up
Up to 2 Mobility Up to 100%ofthe
and Commercial-1 (C-1) Additional TIA to100%ofthe
Commitments Requirement
zones Credits requirement if
subgrade.
I Additional TIA 1 MobilityAtleast 60%and
Remaining Commercial Commitment Up to 40%of the
Credit(equal to I up to 100%of the
and Lodging Zones (equal to 1 Requirement
Parking Unit) Requirement
Parking Unit)
I Additional TIA 1 Mobility
Remaining Infill Area Credit(equal to 1 Commitment Up to 100%of the Up to 100%of the
Parking Unit) (equal to I Requirement Requirement
Parking Unit)
I Additional TIA I MobilityAt least 60%and
All other Areas Credit(equal to 1 Commitment up to 100%of the Up to 40%of the
(equal to I Requirement
Parking Unit) Requirement
Parking Unit)
Section 24: The following shall be added to Section 26.412.090, Commercial Design Review:
3. Administrative review. The Community Development Director may approve a Commercial
Design Review if it is determined that the proposed work has no adverse effect on the physical
appearance or character defining features of a development. An application for administrative
review may be approved if it meets the following requirements:
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a. It is deemed that the activity is an eligible work item and meets the Commercial,
Lodging, and Historic District Design Standards and Guidelines; and,
b. Any modifications to the proposed work requested by the Community
Development Director are agreed to by the owner/applicant.
The following work shall be considered an eligible work item for an administrative review
approval:
a. Replacement or repair of architectural features which creates no change to the
exterior physical appearance of the building or structure.
b: Installation of awnings or similar attachments provided no significant feature is
damaged, removed,or obscured by the installation and that do not reduce or enclose
approved Pedestrian Amenity space.
c. Mechanical equipment or accessory features that have no impact on the character
defining features of the building or structure, and that meet the requirements of
Section 26.435.050, if applicable.
d. Alterations to no more than two (2) elements of a street-facing facades.
e. Installation of site improvements, such as fences, walkways, patios, or similar
features that do not reduce or cover approved Pedestrian Amenity space.
Section 25: All references in Title 26 to "Public Amenity' shall be changed to "Pedestrian
Amenity".
Section 26: All references in Title 26 to "Chapter 26.515, Off-Street Parking, " shall be changed
to "Chapter 26.515, Transportation and Parking Management."
Section 27: 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.
Section 28: Effect Upon Existing Litigation.
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 29: 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 30: 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 31: Public Notice
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A public hearing on this ordinance shall be held on the 9'day of October, 2017, 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 25`h day of September, 2017.
A t: n
Linda Manning, City Clerk Steven Skadr , Mayor
FINALLY, adopted, passed and approved this 23`d da of October,2017.
est: ��-- �-�
Z
inda Manning, City Clerk Steven Ska on, Mayor
Approved as to form:
/amesR. True7City Attorney
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