HomeMy WebLinkAboutordinance.council.001-2019 ORDINANCE No. 1
(Series of 2019)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING AND EXTENDING
THE SMALL LODGE PRESERVATION 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 an ordinance
to assist small lodges to continue operating as small lodges; and,
WHEREAS, the Community Development Director recommended approval of
Ordinance 15, (Series of 2015) to implement a small lodge preservation program; and,
WHEREAS, the Aspen City Council reviewed the proposed ordinance and found that the
ordinance met or exceeded all applicable standards pursuant to Chapter 26.310.050; and,
WHEREAS, the City Council found that the proposed ordinance properly implemented the
City's goals related replenishing and diversifying the lodging inventory, as articulated in the 2012
Aspen Area Community Plan; consequently, Council adopted Ordinance 15 (Series of 2015); and,
WHEREAS, Ordinance 15 (Series of 2015) is set to expire in 2020; and,
WHEREAS, this Ordinance is proposed to extend the Small Lodge Preservation Program
for five (5) years beyond Ordinance 15's initial term and to amend Ordinance 15, to recognize the
addition of two lodges to the program and clarify-the program eligibility; and,
WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
Small Lodges Preservation Program Extension
Ordinance 1, Series 2019
Pagel of 3
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Section 2 of Ordinance 15 (Series of 2015) is hereby rescinded and replaced with the
following:
The Small Lodge Preservation Program (hereinafter "Program"), is established for, a period to
and including the 27th day of May 2025, at which time it shall expire, except as provided below.
During that time, the Program is available to the existing small lodges listed below, only for such
time as they remain small lodges:
Lodge 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
Prospector Lodge 301 E Hyman Ave
Shadow Mountain Lodge 232 W Hyman 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 keys; and,
2. Is located in the Lodge (L), Commercial Lodge (CL), Lodge Preservation Overlay (LP),
or Lodge Overlay(LO) zone districts; and,
3. It is does not meet the definition of Boutique Lodge in Land Use Code Section
26.104.110.
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 2: All other provisions of Ordinance 15 (Series of 2015) shall remain in full force and
effect.
Any scrivener's errors contained in the code amendments approved by Ordinance 15 (Series of
2015) or set forth herein, including but not limited to mislabeled subsections or titles, may be
corrected administratively following adoption of the Ordinance.
Small Lodges Preservation Program Extension
Ordinance 1,Series 2019
Page 2 of 3
Section 3: Effect Upon Existing Liti¢ation.
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 4: 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 5: 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 6:Public Notice
A public hearing on this ordinance shall be held on the'l I day of Feb 2019,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?$'daof ad),2019.
Att
d _
Linda Manning, City Cl rk Steven Skad n,Mayor
FI LLY,adopted,passed and approved this I( dax of 019.
Linda Manning, City Clerk Steven S on, ayor
Approved as to form:
es R. True, City Attorney