Loading...
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: Small Lodges Preservation Program Ordinance 15, Series 2015 Pagel of 5 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. Small Lodges Preservation Program Ordinance 15, Series 2015 Page 2 of 5 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: Small Lodges Preservation Program Ordinance 15, Series 2015 Page 3 of 5 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. Small Lodges Preservation Program Ordinance 15, Series 2015 Page 4 of 5 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 Small Lodges Preservation Program Ordinance 15, Series 2015 Page 5 of 5