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Home My WebLink Aboutordinance.council.024-81FORbl 5~ C.F. HOECKEL B. B. & L, CO RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO.~ (Series of 1981) AN ORDINANCE AMENDING SECTION 20-23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: REPEALING AND RE-ENACTING SECTION 20-23(A) (6) (b) TO REQUIRE THAT I'NFORMATION CONCERNING THE PRIOR UPGRADING OF LODGES SOUGHT TO BE CONDOMINIUMIZED BE PRESENTED IN THE FORM OF AN AFFIDAVIT. AMENDING SECTION 20-23(A) (6) · BY ADDING A NEW SUBSECTION (c) PROVIDING THE REQUIREMENT FOR SECURITY TO ASSURE THE ACCOMPLISH- MENT OF THE PHYSICAL UPGRADING OF THE LODGE SOUGHT TO BE CONDOMINIUM- IZED. e AMENDING SECTION 20-23(A) BY ADDING A NEW SUBSECTION (7) TO REQUIRE THAT THE LODGE CONDOMINIUM MAP CONTAIN CERTI- FICATES SHOWING APPROVAL OF THE MAP BY THE CITY ENGINEER, CITY ATTORNEY, THE CITY PLANNING OFFICE, THE CITY PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL. WHEREAS, pursuant to the request of the City Council, the Aspen Planning and Zoning Commission has considered and recommended the following changes to Section 20-23 of the Municipal Code of the City of Aspen, Colorado: Add new language to Section 20-23 (A) (6) (b) to require that infor- mation concerning the prior up- grading of lodges sought to be condominiumized be presented in the form of an affadavit. e Add a new subsection (c) to Section 20-23(A) (6) to require security to assure the accomplishment of the physical upgrading of the lodge sought to be condominiumized. FORM so C.F. HOECKEL 8, B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves e Add a new subsection (7) to Section 20-23(_A) to require that the lodge condominium map contain certificates showing approval of the map by the City Engineer, City Attorney, the City Planning Office, The City Plan- ning and Zoning Commission and the City Council, and WHEREAS, the City Council desires to accept the aforesaid recommendations of the Aspen Planning and Zoning Commission and enact the recommended changes to Section 20-23 of the Municipal Code of the City of Aspen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 20-23(A) (6) (b) of the Municipal Code of the City of Aspen is hereby repealed and re-enacted to read as follows: (b) The applicant demonstrates in the sole judgment and discretion of the City Council that funds previously expended by the appli- cant have upgraded the lodge to a high enough quality so as to make further upgrading un- necessary as a condition to condominiumization and that the upgrading done previous to the condominiumization will allow the condominiumized lodge to continue to accomodate its clientele in a manner consistent with or better in quality than the accomodation~provided previous to condo- miniumization. SuCh information shall be pr~.- sented in the form of an affidavit itemizing the expenses incurred during the previous 2~ months' and documeh-ting that the expenditures have resulted in an actual upgrading of thn structure, the appearance of the lodge, and/or its g~est facilities.~ ~In the' alterna'te, the applicant may present a plan for upgrading the lodge in phases, providing the plan is approved by the City Council and implemented in accordance with their approval. City Council's approval to such plan may be granted or withheld in accordance with its ~.ole judgment and discretion. Due con- -2- FORM 50 C.F. HO£CKEL B. B. & L. CO, RECORD OF PROCEEDINGS 100 Leaves sideration shall be given by City Council to the fact that the lodges of 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. Section 2 That Section 20-23(A) (6) of the Municipal Code of the City of Aspen, be amended by adding the following new subsection (c): (c) To assure that the physical upgrading of the lodge facility required by this Section is accomplished, the applicant shall execute a promissory note payable to the City secured by a trust deed en- cumbering the lodge property. The promissory note shall be in the amount required to be expended to physically upgrade the lodge facility. The promis- sory note shall be payable by the appli- cant and shall describe the improvements to be made. The note shall be non- negotiable and shall provide for no regular interest, and default interest at a rate of two points above the prime rate charged on the date of default by the Chase Manhattan Bank of New York. No provision of the note shall require the payment or permit the collection of interest in excess of the maximum per- mitted by law, and in the event of any such excess, neither the applicant nor his successors or assigns shall be obligated to pay any such excess to the extent that it is more than the amount permitted by law. The terms of the note shall also allow the City to declare a de- fault and foreclose on the trust deed securing the note in the event applicant does not make the improvements within the time periods provided in subparagraph (a) supra. Any sums collected on the note other than foreclosure costs and reason- able attorney's fees shall thereupon be utilized to physically upgrade the lodge facility as per applicant's plans. The trust deed shall contain a partial release of up to twenty percent (20%) of the lodge units at the time the applicant so requests. At the option of the applicant, the trust deed may be subordinated to any instrument intended to secure the payment of a loan the proceeds of which are required to up- grade the lodge facility, but only to the -3- FORM SO C.F. HOECKEL B. 8. P~ L. CO. RECORD OF PROCEEDINGS 100 Leaves extent that the total sum of all obli- gationS secured by encumbrances upon the lodge property and the amount of the promissory note required hereunder does not exceed the fair market value of the lodge property and its improvements at the time the application is approved. The applicant shall have the right to propose an alternative method assuring the physical upgrade will be accomplished and the City c°uncil' in its SOle judgment and discretion, may accept any such alter- native means in lieu of the above-described note and trust deed. Section 3 That Section 20-23(a) of the Municipal Code be amended by adding the following new subsection (7): {7)- The lodge condominium map shall contain certificates showing approval of the map by the City Engineer, City Attorney, the City Planning Office, the City Planning and Zoning Commission and the City Council. Section 4 If any subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or uncon- stitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 5 A public hearing on the ordinance shall be held on the // day of~~,~, 1981, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED Published as provided by law by the City Council of the City of Aspen, Colorado, regular meeting held on the ~7 day of ~, at its 1981. Herman Edel, Mayor -4- FOR~ 50 C. F, HO£CKEL B. ~. & L. CD, RECORD OF PROCEEDINGS 100 Leaves Kathryn ~,. Koch~ ci%Y Clerk FINALLY adopted, passed and approved on the // day offS__ , 1981. H~~. ~ichaei 'Be~r~nd~~-~- Mayor Pro Tem '~T~EST .~ -5- FORM 50 C.F. HOECKE[. ~). B. & L. CO, RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss COUNTY OF P!TKIN ) CERTIFICATE I, Kathryn S~ Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, rea~ in full, and passed on _~ reading at a regular, meeting of the City Council of the City of Aspen on ~ ~ , 19 ~/, and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~/~__ ~ ..... , 19 ~ and was finally adopted. and approved at s regular meeting of the City Council on .--~_/.~__//~ , 19 ~ and ordered p~blished as Ord'~.nance~'No. ~_~ , Series of 19~, of said City, as provided by law. IN WITNESS~'WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Color'ado, this day of _ .~ .... , 19 __~. Kathyrn S .~',--' City ' Deputy City Clerk '~-