Loading...
HomeMy WebLinkAboutordinance.council.010-07 ORDINANCE No. 10 (Series of 2007) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.710.190 - LODGE (L) ZONE DISTRICT; 26.710.200- COMMERCIAL LODGE (CL) ZONE DISTRICT; 26.710.310 - LODGE OVERLAY (LO) ZONE DISTRICT; AND, 26.710.320 - LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICT. WHEREAS, the City Council of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Land Use Code related to lodging development, pursuant to sections 26.208 and 26.212; and, WHEREAS, the amendments requested relate to the following Chapters and Sections of the Land Use Code, Title 26 of the Aspen Municipal Code: 26.710.190 - Lodge (L) Zone District 26.710.200 - Commercial Lodge (CL) zone district 26.710.310 -lodge overlay (La) zone district 26.710.320 -lodge preservation overlay (LP) zone district; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the long-term economic sustainability of Aspen depends upon the continued economic success and aesthetic attractiveness of lodging facilities in and near downtown; and, WHEREAS, in order to encourage a continued vitality and long-term sustainability of the local economy certain development incentives are available for lodging development with smaller average rooms sizes and commensurate higher potential occupancies; and, WHEREAS, as an additional means of encouraging high occupancies, a maximum residential unit size has been implemented; and, WHEREAS, the Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the amendments proposed herein are consistent with the Aspen Area Community Plan, which in part calls for: . The focusing of growth towards already developed areas and away from undeveloped areas surrounding the city by intensification of land uses within the downtown. . The retention of existing commercial and lodging uses. . An increased vitality ofthe lodging bed base. Ordinance No. 10, Series of 2007. Page 1 · The rejuvenation of aging lodging properties. · The preservation of historic resources through the transfer of development rights. · An emphasis on the quality of development as opposed to just the quantity of development. · A balance between the community and the resort aspects of Aspen. · The long-term sustainability of the local social and economic conditions of Aspen. ; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the above noted Chapters and Sections on March 27, 2007, and April 2, 2007, took and considered public testimony and the recommendation of the Community Development Director and recommended, by a four to zero (4-0) vote, City Council adopt the proposed amendments to the land use code by amending the text of the above noted Chapters and Sections of the Land Use Code, as described herein. WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Use Code under the applicable provisions of the Municipal Code identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fmds that the proposed text amendments to the Land Use Code meet or exceed all applicable standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Section 26.710.190 - Lodge (L) Zone District, which section regulates development within the Lodge Zone District, shall read as follows: 26.710.190 Lodge (L). A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction, renovation, and operation of lodges, tourist-oriented multi-family buildings, high occupancy timeshare facilities, and ancillary uses compatible with lodging to support and enhance Aspen's resort economy. Free-Market residential units within this zone district shall be permitted, but not required, to be used as short-term tourist accommodations. The City of Aspen encourages high-occupancy lodging development in this zone district. Therefore, certain dimensional incentives are provided in this zone district as well as other development incentives in Chapter 26.470 - Growth Management. Ordinance No. 10, Series of2007. Page 2 B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone District: I. Hotel or Lodge. 2. Timeshare Lodge. 3. Exempt Timesharing. 4. Offices and activities accessory to timeshare unit sales (see Section 26.590). 5. Bed and Breakfast 6. Conference facilities. 7. Uses associated with outdoor recreation facilities and events. 8. Accessory uses and structures. (Food service for on-site lodge guests is an accessory use.) 9. Storage accessory to a permitted use. 10. Affordable Multi-Family Housing accessory to a lodging or timeshare operation and for employees of the operation. II. Free-Market Multi-Family Housing. 12. Home occupations. C. Conditional uses. The following uses are permitted as conditional uses in the Lodge (L) Zone District, subject to the standards and procedures established in Chapter 26.425: I. Retail and Restaurant Uses. 2. Neighborhood Commercial Uses. 3. Service Uses. 4. Arts, Cultural and Civic Uses. 5. Public Uses. 6. Academic Uses. 7. Child Care Center. 8. Commercial Parking Facility, pursuant to Section 26.515. 9. Affordable Multi-Family Housing not accessory to a lodging or timeshare operation. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Lodge (L) Zone District: I. Minimum lot size (square feet): 3,000 2. Minimum lot area per dwelling unit (square feet): a. Free-Market Multi-Family residential: 3,000 square feet. b. Affordable Multi-Family residential: No requirement. c. Lodge, Timeshare Lodge, and Exempt Timesharing - no requirement. 3. Minimum lot width (feet): 30. 4. Minimum front vard setback (feet): 5. 5. Minimum side vard setback (feet): 5. 6. Minimum rear vard setback (feet): 5. 7. Minimum Utilitv/Trash/Recvcle area: Pursuant to Section 26.575.060. Ordinance No. 10, Series of2007. Page 3 8. Maximum height: a) Bed and Breakfast (as a single use): 25 feet. b) Multi-Family (as a single use): 28 feet. c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less than one lodge unit per 500 square feet of Lot Area: 28 feet. d) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one or more lodge units per 500 square feet of Lot Area: 36 feet, which may be increased to 40 feet through Commercial Design Review. See Chapter 26.412. Also see Section 26.710.190.E. e) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one or more lodge units per 500 square feet of Lot Area and an average lodge unit size of 450 square feet or less: 38 feet, which may be increased to 40 feet through Commercial Design Review. See Chapter 26.412. Also see Section 26.710.190.E. 9. Minimum distance between buildings on the lot (feet): 10. 10. Public Amenitv Space: Pursuant to Section 26.575.030. II. Floor Area Ratio (FAR): a. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one or more lodge units per 500 square feet of Lot Area. This FAR schedule is cumulative, up to a total maximum FAR of 2.75:1. for parcels of 27,000 square feet or less in size and 2.5: I for parcels greater than 27,000 square feet. Also see Section 26.710.190.E. Unless otherwise stated below, a development's non-unit space shall not count towards the FAR cap of an individual use category; however, the maximum FAR cap for the parcel shall not be exceeded. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements, and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. I. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses; childcare center: .25:1, which may be increased to .5:1 by Special Review, pursuant to Section 26.430. 2. Lodge units, Timeshare Lodge units, Exempt Timesharing units: 2:1. 3. Commercial Parking Facility: 1:1. 4. Affordable Multi-Family Housing: .25:1, which may be increased by Special Review, pursuant to Section 26.430. 5. Free-Market Multi-Family Housing: The allowable Floor Area shall be based on a percentage of the total Net Livable Area of lodging units and affordable housing units on the parcel and according to average lodge unit size on the parcel, as defined in table 26.710.190.1, below. Ordinance No. 10, Series of2007. Page 4 .f~6te!t6.710.1~(fl2E~1()~!lblePi~~-Matl(~tReside~ti~:FAR. ..... Average Nel1.,iva.bl!. Area of Free.~Market ltesUlential FAR as a mdir.iI!uallodge unit$on the. percentage of total Lodge unit Net Darcel Livable Area . Greater than 60 0 square feet 5 % 600 square feet I 5 % 5 00 square feet 4 0% 400 square feet 5 0% 3 00 square feet or less 60% When the average lodge unit size falls between the square footage categories, the allowable Free-Market Multi-Family or Large Lodge/Timeshare Unit Floor Area shall be determined by interpreting the above schedule proportionately. For example, a lodge project with an average unit size of 450 square feet shall be allowed to develop a free- market residential floor area up to 45% of the total lodge unit Net Livable Area. This percentage of Free-Market Residential FAR may not be otherwise established for a project through a Planned Unit Development review. All non-unit space attributable to Free-Market Residential or Large Lodge/Timeshare Units shall count towards the individual FAR allowance for Free-Market Residential or Large Lodge/Timeshare units. b. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less than one lodge unit per 500 square feet of Lot Area. This FAR schedule is cumulative, up to a total maximum FAR of 1.5:1 for parcels of 27,000 square feet or less in size and I: I for parcels greater than 27,000 square feet. Unless otherwise stated below, a development's non-unit space shall not count towards the FAR cap of an individual use category; however, the maximum FAR cap for the parcel shall not be exceeded. I. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses; childcare center: .25:1, which may be increased to .5:1 by Special Review, pursuant to Section 26.430. 2. Lodge units, Timeshare Lodge units, Exempt Timesharing units: I: I. 3. Commercial Parking Facility: 1:1. 4. Affordable Multi-Family Housing: .25:1, which may be increased by Special Review, pursuant to Section 26.430. 5. Free-Market Multi-Family Housing: .25:1. All non-unit Floor Area attributable to Free-Market Multi-Family Housing shall count towards the individual FAR allowance for Free-Market Multi-Family Housing. Ordinance No. 10, Series of2007. Page 5 c. The following FAR schedule applies to multi-family (as a single use) projects established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up to a total maximum FAR of I: I. Receipt of a Development Order shall constitute the date the use was established. I. Affordable Multi-Family Housing: I: I. 2. Free-Market Multi-Family Housing: 1:1. d. The following FAR schedule applies to multi-family (as a single use) projects established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to a total maximum FAR of .75:1. Receipt of a Development Order shall constitute the date the use was established. I. Affordable Multi-Family Housing: .5:1. 2. Free-Market Multi-Family Housing: .5:1. e. The following FAR schedule applies to Bed and Breakfast as a single use of the parcel: 100% of the allowable floor area of a single-family residence on an equivalent-sized lot located in the R6 Zone District. (See R6 Zone District) 12. Maximum Multi-Familv Residential Dwelling Unit Size (square feet): 1,500 sq. ft. of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: (I) The transfer ratio IS 500 sq. ft. of net livable area for each certificate that is extinguished. (2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,000 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). (3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) ofthe lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates E. Special Review for Density Standard. The Planning and Zoning Commission may approve an adjustment of the "density standard" and the project shall remain qualified for the height, Floor Area, and Growth Management incentives associated with this standard. The Ordinance No. 10, Series of2007. Page 6 review shall be pursuant to the review procedures for Special Review, Chapter 26.430, and the following criteria: I. The density standard may be amended by a maximum of 10% to one lodge unit per 550 square feet of Lot Area. An adjustment in excess of this increase may be approved through adoption of a PUD plan, but the project shall no longer be qualified for the associated incentives. 2. The project includes a generous amount of non-unit space, amenities, and services for guests of the lodging operation. This can include both internal and external amenities. 3. The project provides a range of unit sizes and configurations to be attractive to a broad segment of potential guests. Flexible units are encouraged. Section 2: Section 26.710.200 - Commercial Lodge (CL) Zone District, which section regulates development within the Commercial Lodge Zone District, shall read as follows: 26.710.200 Commercial Lodge (CL). A. Purpose. The purpose of the Commercial Lodge (CL) zone district is to provide for the establishment of mixed-use commercial and lodge development by permitting commercial uses on the ground floor with lodging development above. Free-Market residential units within this zone district shall be permitted, but not required, to be used as short-term tourist accommodations. The City of Aspen encourages high-occupancy lodging development in this zone district. B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge (CL) zone district: I. Uses allowed in Basement and Ground Floors: Those uses allowed in Basement and Ground Floors, respectively, within the Commercial Core Zone District. Uses and facilities necessary and incidental to uses on Upper Floors. Parking shall not be allowed as the sole use of the ground floor. 2. Uses allowed on Upper Floors: Hotel or Lodge, Timeshare Lodge, Exempt Timesharing, offices and activities accessory to timeshare unit sales (see Section 26.590), conference facilities, accessory uses, storage accessory to a permitted use, Affordable Multi-Family Housing, Free-Market Multi-Family Housing. (Food service for on-site lodge guests is an accessory use.) 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: I. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses, Office Uses, Arts Cultural and Civic Uses, Public Uses, Academic Uses, or child care center, located on Upper Floors. Ordinance No. 10, Series of2007. Page 7 2. Commercial Parking Facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Lodge (CL) zone district: I. Minimum lot size (square feet): No requirement. 2. Minimum lot area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front vard setback (feet): No requirement. 5. Minimum side vard setback (feet): No requirement. 6. Minimum rear vard setback (feet): No requirement. 7. Minimum Utilitv/Trash/Recvcle area: Pursuant to Section 26.575.060. 8. Maximum height: 28 feet for two-story elements of a building. 36 feet for three-story elements of a building, which may be increased to 40 feet through Commercial Design Review. See Chapter 26.412. For projects with an average lodge unit size of 450 square feet or less, three-story elements of a building may be 38 feet, which may be increased to 40 feet through Commercial Design Review. 9. Minimum distance between buildings on the lot (feet): No requirement. 10. Public Amenitv Space: Pursuant to Section 26.575.030. II. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Unless otherwise stated below, non-unit space associated with individual uses shall be attributable to the individual FAR allowance. Unless otherwise stated below, a development's non-unit space shall not count towards the FAR cap of an individual use category; however, the maximum FAR cap for the parcel shall not be exceeded. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements, and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses; childcare center; commercial parking facility: I: I. b) Lodging units, timeshare lodging units, and exempt timesharing units: 2: I. c) Affordable Multi-Family Housing: .25:1, which may be increased by Special Review, pursuant to Section 26.430.d d) Free-Market Multi-Family Housing: .25: I. All non-unit space attributable to Free- Market Multi-Family Housing shall count towards the individual FAR allowance for Free-Market Multi-Family Housing. 12. Maximum Residential Unit Size (square feet): 1,500 sq. ft. of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: Ordinance No. 10, Series of2007. Page 8 (I) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. (2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,000 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). (3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates E. Special Review for Density Standard. The Planning and Zoning Commission may approve an adjustment of the "density standard" and the project shall remain qualified for the Growth Management incentives associated with this standard. The review shall be pursuant to the review procedures for Special Review, Chapter 26.430, and the following criteria: I. The density standard may be amended by a maximum of 10% to one lodge unit per 550 square feet of Lot Area. An adjustment in excess of this increase may be approved through adoption of a PUD plan, but the project shall no longer be qualified for the associated incentives. 2. The project includes a generous amount of non-unit space, amenities, and services for guests of the lodging operation. This can include both internal and external amenities. 3. The project provides a range of unit sizes and configurations to be attractive to a broad segment of potential guests. Flexible units are encouraged. Section 3: Section 26.710.310 - Lodge Overlay (La) Zone District, which section regulates development within the Lodge Overlay Zone District, shall read as follows: 26.710.310 Lodge Overlay (LO) zone district. A. Purpose. The purpose of the Lodge Overlay (La) zone district is to provide for lodge uses in areas of the City suitable for lodge accommodations but which lie in predominantly residential neighborhoods or where there are limitations on development that necessitate the permitted density to be significantly less than that in the City's other lodge zone districts. B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (La) zone district: I. The uses permitted in the underlying zone district. 2. Hotel or Lodge. 3. Timeshare Lodge. 4. Exempt Timesharing. 5. Bed and Breakfast Ordinance No. 10, Series of2007. Page 9 6. Offices and activities accessory to timeshare unit sales (see Section 26.590). 7. Conference facilities. 8. Uses associated with outdoor recreation facilities and events. 9. Accessory uses and structures. (Food service for on-site lodge guests is an accessory use.) 10. Storage accessory to a permitted use. II. Affordable Housing accessory to a lodging or timeshare operation and for employees of the operation. 12. Free-Market Multi-Family Housing. C. Conditional uses. The following uses are permitted as conditional uses in the Lodge Overlay (La) zone district, subject to the standards and procedures established in Chapter 26.425 : I. The uses allowed as conditional uses in the underlying zone district. 2. Affordable housing intended for the general public. 3. Restaurant. D. Dimensional requirements. The dimensional requirements for all uses in the Lodge Overlay (La) Zone District shall be the dimensional requirements established for those uses in the underlying zone district. Where no specific dimensions have been established for the use, the permitted dimensions shall be limited to that of a single-family residence or multi-family residences where such uses are permitted in the underlying zone district. Upon consideration of the neighborhood compatibility and the dimensional requirements of surrounding zone districts, the dimensional requirements may be established pursuant to Chapter 26.445 - Planned Unit Development. As part of the PUD review, an adjustment of the "density standard" may be approved and the project shall remain qualified for the Growth Management incentives associated with this standard. The review shall consider the following criteria: I. The density standard may be amended by a maximum of 20% to one lodge unit per 600 square feet of Lot Area. An adjustment in excess of this increase may be approved through adoption of a PUD plan, but the project shall no longer be qualified for the associated incentives. 2. The project includes a generous amount of non-unit space, amenities, and services for guests of the lodging operation. This can include both internal and external amenities. 3. The project provides a range of unit sizes and configurations to be attractive to a broad segment of potential guests. Flexible units are encouraged. The amount of associated free-market residential Floor Area to be included in a lodging project shall be as defined in the Lodge (L) Zone District - Section 26.71 O.l90.D.lI.A.5. Section 4: Section 26.710.320 - Lodge Preservation Overlay (LP) Zone District, which section regulates development within the Lodge Preservation Overlay Zone District, shall read as follows: Ordinance No. 10, Series of2007. Page 10 26.710.320 Lodge Preservation Overlay (LP) zone district. A. Purpose. The purpose of the Lodge Preservation (LP) Overlay zone district is to provide for and protect small lodge uses on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lodge and affordable housing uses, to provide uses accessory and normally associated with lodge and affordable housing development, to encourage development which is compatible with the neighborhood and respective of the manner in which the property has historically operated, and to provide an incentive for upgrading existing lodges on-site or onto adjacent properties. B. Permitted uses. The following uses are permitted as of right in the LP Overlay zone district: I. The uses permitted in the underlying zone district. 2. Hotel or Lodge. 3. Timeshare Lodge. 4. Exempt Timesharing. 5. Bed and Breakfast 6. Dormitory. 7. Offices and activities accessory to timeshare unit sales (see Section 26.590). 8. Conference facilities. 9. Uses associated with outdoor recreation facilities and events. 10. Accessory uses and structures. (Food service for on-site lodge guests is an accessory use.) II. Storage accessory to a permitted use. 12. Affordable Housing accessory to a lodging or timeshare operation and for employees of the operation. 13. Free-Market Multi-Family Housing. C. Conditional Uses. The following uses are permitted in the LP Overlay zone district, subject to the standards and procedures established in Chapter 26.425 of this Code: I. The uses allowed as conditional uses in the underlying zone district. 2. Affordable housing intended for the general public. 3. Restaurant. D. Dimensional requirements. The dimensional requirements for all uses in the Lodge Preservation (LP) Overlay Zone District shall be the dimensional requirements established for those uses in the underlying zone district. Where no specific dimensions have been established for the use, the permitted dimensions shall be limited to that of a single-family residence or multi-family residences where such uses are permitted in the underlying zone district. Upon consideration of the neighborhood compatibility and the dimensional requirements of surrounding zone districts, the dimensional requirements may be established pursuant to Chapter 26.445 - Planned Unit Development. Ordinance No. 10, Series of2007. Page 11 As part of the PUD review, an adjustment of the "density standard" may be approved and the project shall remain qualified for the Growth Management incentives associated with this standard. The review shall consider the following criteria: I. The density standard may be amended by a maximum of 20% to one lodge unit per 600 square feet of Lot Area. An adjustment in excess of this increase may be approved through adoption of a PUD plan, but the project shall no longer be qualified for the associated incentives. 2. The project includes a generous amount of non-unit space, amenities, and services for guests of the lodging operation. This can include both internal and external amenities. 3. The project provides a range of unit sizes and configurations to be attractive to a broad segment of potential guests. Flexible units are encouraged. The amount of associated free-market residential Floor Area to be included in a lodging project shall be as defined in the Lodge (L) Zone District - Section 26.710.190.D.ll.A.5. Section 5: 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 6: 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 7: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 8: A public hearing on the Ordinance shall be held on the 23rd day of April, 2007, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 9: This ordinance shall become effective thirty (30) days following final adoption. [signatures on following page] Ordinance No. 10, Series of2007. Page 12 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of April, 2007. Attest: - H~~~':" ~ FINALLY, adopted, passed and approved this nnd day of May, 2007. Attest: Approved as to form: ~p/!Q~ . ttorney G:\city\Chris\home\Moratorium\Finals\Adopted Ord 10 Lodging Zones. doc Ordinance No. 10, Series of2007. Page 13