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HomeMy WebLinkAboutordinance.council.014-80RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 9~0) (Series of 1 AN ORDINANCE AMENDING SECTION 20-3(s)(2) OF THE MUNICIPAL CODEOF THE CITY OF ASPEN BY REQUIRING SUBDIVISION APPROVAL FOR THE RESUBDIVISION OF AN IMPROVEMENT WHICH HAD PREVIOUSLY COMPLIED WITH THE PROVISIONS OF CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN; ~ENDING SECTION 20-9(c) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY DELETING THE PROHIBITION AGAINST THE SUBDIVISION OF NON-CONFORMING STRUCTURES; AND ADOPTING A NEW SECTION 20-23 TO THE MUNICIPAL CODE OF THE CITY OF ASPEN WHICH WILL ALLOW FOR THE CONDOMINIUMIZATION OF LODGES WHEREAS, the Planning and Zoning Commission has recon~ended that the provisions of Sections 20-3(s)(2) and 20-9(c) of the Municipal Code of the City of Aspen and the adoption of a new Section 20-23 to the Municipal Code of the City of Aspen, all for the benefit of the City of Aspen, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 20-3(s)(2) of the Municipal Code of the City of Aspen shall be amended to read as follows: (2) A tract of land including land to be used for condo- miniums, apartments or any other multiple dwelling units, or for time-sharing dwelling units; or Section 2 That Section 20-9(c) of the Municipal Code of the City of Aspen shall be amended to read as follows: (c) No subdivision of land shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the City of Aspen or law or regulation of the State of Colo- rado. It is the intent of this section to allow the condominiumization of lodges which may be either non- conforming structures or uses. RECORD OF PROCEEDINGS 100 Leaves Section 3 That Chapter 20 of shall be amended by the the Municipal Code of the City of Aspen adoption of a new Section 20-23 which shall read Sec. (a) as follows: 20-23. Condominiumization of Lodges. Requirements. Any applicant seeking condominiumization of a lodge (tor the purpose of this section, a Lodge is defined as a building containing three (3) or more units intended for temporary occupancy of guests in addition to other requirements set forth in Chapter 20 of the Aspen City Code (the Aspen, Colorado, subdivision regu- lations), shall comply with the following requirements: (1) The condominium units created shall remain in the short-term rental market to be used as temporary accommodations available to the general public. It shall constitute prima facie evidence that the applicant has complied with this paragraph if a condominium declaration for the condominium sought to be created shall be filed in the records of the clerk and recorder of Pitkin County, Colorado, which shall provide, interalia: (a) An owner's personal use of his unit shall be restricted to fourteen (14) days or less during the seasonal period of December 18 through March 20. This seasonal period is hereinafter referred to as "high season". "Owner's personal use" shall be defined as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable. Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this section. (b) A violation of the owner's personal use restriction by a unit owner shall subject the owner to a daily assessment by the condominium association of three (3) times the daily rental rate for the unit, at the time of the violation, which assessment, when paid, shall be deposited in the general funds of the con- dominium association for use in upgrading and repairing the conunon elements of the condo- minium. All sums assessed against an owner for violation of the owner's personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner's unit, which lien shall be evidenced by written notice placed of record in the office of the clerk and recorder o~ Pitkin County, Colorado, and may be collected 2 (3) RECORD OF PROCEEDINGS 100 Leaves by foreclosure on an owner's condominium unit by the association in like manner as a mort- gage or deed of trust on real property. The condominium association failure to enforce thc owner's personal use restriction shall give the City the right to enforce the restriction Dy the assessment and the lien provided for hereunder. If the City enforces the restriction, the City shall receive the funds collected as a result of the assessment for the violation. In the event litigation results from the enforcement of the restric- tion, as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attor- ney's fees incurred. (c) The City shall have the right to require from the condominium association an annual report of owner's personal use during high season for all the condominium units. A lodge that is condominiumized shall provide a minimum of two (2) pillows of employee housing or that amount of employee housing that has been pro- vided for three (3) years previous to the time of condominiumization, whichever is greater. As used herein, "pillow" means sleeping acconunodations for one (1) person. A condominiumized lodge shall provide on-site man- agement and maintenance and other tourist accommo- dation services consistent in quality and quantity to those provided during the high seasoD~ for the three (3) years previous to the time of application when the property was operated as a lodge. Any condominiumized lodge shall provide or contract for on-site management from 8:00 a.m. to 8:00 p.m. seven (7) days a week during high season. A condo- miniumized lodge shall provide or contract for on- call services twenty-four (24) hours a day, main- tenance of the grounds, common elements and emer- gency unit repair consistent with those provided by the lodge for the three (3) years previous to the time of application when the property was operated as a lodge. At the time of application, applicant shall provide a sworn and notarized affidavit stat- ing what services were provided for the three (3) years previous to the time of application. This affidavit shall address: (a) whether breakfast has been provided, (b) whether there has been front desk serving the guests, (c) what kind of and to what extent transportation has been provided to guests, 100 Leaves the check-in hours and pro- have been available to guests, RECORD OF PROCEEDINGS (d) what have been cedures , (e) what amenities and (f) any other relevant information regarding on- site management, maintenance and other tourist accommodation services provided by the lodge. The condominium units shall remain available to the general tourist market. This condition may be met by inclusion of the units of the condominium, at comparable rates, in any local reservation system for the rental of lodge units in the City of Aspen. The common areas of the lodge shall re]aain coim~on areas and be maintained in a manner consistent with its previous character. Any changes, alterations or renovations made to common areas shall not diminish the size or quality of the co~on areas. The lodge shall be physically upgraded as a result of the condominiumization either by applicant's fulfilling the requirements set forth in subpara- graph (a), infra, or in the alternative by appli- cant's compliance with subparagraph (b), infra, as follows: (a) An amount equal to thirty percent (30%) of the assessed value of the property, as condomin- iumized, is applied to the upgrading of the lodge facility pursuant to plans submitted to and approved by the City Building Inspector within nine (9) months of condominiumization approval and the upgrading is completed within twelve (12) months after the building permit for such upgrading is issued. (b) The applicant demonstrates in the sole judg- ment and discretion of the City Council that funds previously expended by the applicant have upgraded the lodge to a high enough qual- ity so as to make further upgrading unneces- sary as a condition to condominiumization and that the upgrading done previous to the condo- miniumization will allow the condominiumized lodge to continue to acco~aodate its clientele in a manner consistent wit~ or better in qual- ity than the accommodation provided previous to condominiumization; or the applicant pre- sents to the City Council a plan for upgrading the lodge in phases and the plan is approved by the City Council and implemented in accord- ance with their approval. City Council's approval to such plan may be granted or with- held in accordance with its sole judgment and discretion. Due consideration shall be given by City Council to the fact that the lodges of RECORD OF PROCEEDINGS 100 Leaves Aspen attract clientele from diverse economic sectors, certain lodges catering to certain sectors, and the intent herein is not to create a uniformity in lodge character and roles but instead to upgrade the physical appearance and facilities that each lodge provides. (b) Applicability. All conditions set forth within this ordinance shall be made binding on the applicant, the applicant's successors, heirs, personal representatives and assigns and shall govern the property which is the sub3ect of the application for the life of the survivor of the present City Council of Aspen plus twenty-one (21) years. A condominiumization of a lodge pursuant to this section shall be modified only by the written a§reement of the City Council and the owner or owners of the condominiumized lodge property. The documents cre- ating and governing the condominium shall be modified by the condominium owners only with the prior written approval of the City Council. (c) Procedure. Condominiumization of an existing lodge shall be accomplished pursuant to the exception or exemption process rather than through full subdivision review. ~he applicant shall provide the following docu- mentation to the City at the time of application for condominiumization of a lodge: (1) Proof of ownership. (2) Improvement survey for the property. (3) Site inventory for the property indicating in detail the actual configuration of the lodge facil- ity, the cos~on areas and the location of any amen- ities serving the lodge. (4) Draft of proposed condominium documents including condominium declaration, articles of the condo- minium association and bylaws. (5) Affidavit of services provided as is called for in paragraph (a)(3) supra. (6) Designation and description of employee units. (7) Plan of improvements to be made to the property along with estimated costs therefor. Section 4 If any of the provisions of this ordinance or any section, paragraph, sentence, clause phrase or word or the application thereof in any circumstances be invalidated, such invalidity shall not affect the validity of the remainder of this ordinance, and 5 RECORD OF PROCEEDINGS 100 Leaves -- the application of any such provision, paragraph, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. Section 5 A public hearing on the ordinance day of ~ the City Council Chambers, Aspen City shall be held on the~~-~ , 1980, at 5:00 P.M. in Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the /~5~-~day of , 1980. Herma~ Mayor ATTEST: City Clerk FINALLY adopted, passed / and approved on the ~ day of , 1980. Her~~ Mayor ATTEST: City Clerk 6 RECORD OF PROCEEDINGS STATE O~~ %ZOLORADO ) ) ss COUNTY. OF PiTKIN ) CERTIFICATE ~, F~thryn S. Koch, City Clerk of Aspen, Colorado, do hereb~ certify that the above and forego~.ng ordinance was introduc~f read in full, and passed on'~ reading, at a regular meeting of the City Council of the city o£ ~pen on /'>~ , 19 , and published in the k~k~n Times a weekly newspaper of general circul- ation, ~lished in the City of Aspen, Colorado, in its issue of ~ /y , 19/~' and was finally ad°pted and appr~d at a regular meeting of the City Council on  ~ , 19~, and ordered published as Ordinance ~o. /~ , Series of 19.~,, of said City, as / providently law. IN ~C~TNESS WHEREOF, I have hereuntO set my hand and the sea~ ~f said City of Aspen, Colorado, this ~ day of .~ , 19~. City Clerk Deputy City Clerk