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ordinance.council.13-20 ORDINANCE NO. 013 SERIES OF 2020 AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE CITY OF ASPEN LAND USE CODE VACATION RENTAL REGULATIONS WHEREAS, in accordance with Chapters 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to draft a Land Use Code amendment to rescind and reinstate language pertaining to Vacation Rental properties and the requirement for each individual property address or unit to obtain a business license; and, WHEREAS, pursuant to Chapter 26.310, a request to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach,then a Policy Resolution reviewed and acted on by City Council, with final action by City Council after reviewing and considering the recommendation from the Community Development;and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach publishing information on the Code amendment in the Community Development Monthly Newsletter. The Finance Department conducted direct public outreach to parties who would be affected by this amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on September 8th, 2020, the City Council approved Policy Resolution No. 076, Series of 2020,by a vote of five to zero requesting a Land Use Code amendments to rescind and reinstate new language pertaining to Vacation Rental properties and the requirement for each individual property address or unit to obtain a business license;and, WHEREAS,the City Council has reviewed the proposed Land Use Code amendment at I" Reading on September 8th, 2020 and at 2°a Reading September 22nd, 2020 and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310;and, WHEREAS, the proposed Land Use Code amendment will foster better governance by aiding in Finance Department data tracking and tax remittance review and creates better overall compliance with Business Licenses and Vacation Rental property permitting; and, WHEREAS, the proposed amendment is also consistent and compatible with the goals and objectives of the City of Aspen and the Aspen Area Community Plan(AACP); 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: 11111111111111111111111111111111111111111 II 11111111111111111111111111II1111 Ordinance No. 13,Series of 2020 RECEPTION#: 670579, R: $28.00, D: $0.00 Pagel of 3 DOC CODE: ORDINANCE Pg 1 of 4, 11/16/2020 at 02:03:23 PM Janice K.Vos Caudill, Pitkin County, CO Section 1: Code Amendment Objective The objective of the proposed Land Use Code amendment is to require each individual Vacation Rental property address or unit obtain a business license. Section 2: City of Aspen Land Use Code Section 26.104.100, Definitions, is hereby amended to include the following: Condo Hotel. A residential Lodge use where the development is comprised of individually owned condominium residential units within a common development, governed by a Condominium Association, with an approved condominium plat filed with the Pitkin County Clerk and Recorder, and in accordance with the Colorado Condominium Ownership Act, C.R.S. 38-33. Condo Hotels must include the following services: common reservation system; and on-site, in-person management; Condo Hotels must include a minimum of three of the following services and on-site amenities: commercial kitchen or other in-house food service; on or off-site fitness or gym facilities; pool, hot tub, or sauna facilities; guest lounge; entertainment facilities accessible to guests; bar or restaurant; retail or services (such as guide services, concierge, equipment rental or repair, spa or beauty facilities); meeting, conference, entertainment, or ballroom facilities; ground transportation services; other amenities as may be provided to address the specific lodge needs. As Condo Hotel units are primarily residential units, and secondarily lodge units available for short-term occupancy, owners of Condo Hotel units are exempted from the Lodge Use maximum occupancy period of 30 consecutive days and 90 cumulative days per calendar year. Hotel. see Lodge and Boutique Lodge Use Categories in section 26.104.110 Lodge. see Lodge and Boutique Lodge Use Categories in section 26.104.110 Motel. see Lodge and Boutique Lodge Use Categories in section 26.104.110 Section 2: The following shall be deleted from City of Aspen Land Use Code Section 26.104.100: Ledge. Same as hemb Metel. Same as hotel. Ordinance No. 13,Series of 2020 Page 2 of 3 Section 3: City of Aspen Land Use Code Section 26.575.220.D.2 is hereby amended to read as follows: Each individually addressed residential property or unit applying to obtain a City of Aspen Vacation Rental Permit shall first obtain a City of Aspen Business License pursuant to Municipal Code Chapter 14.08, Business Licenses. Section 4: City of Aspen Land Use Code Section 26.575.220.E.3 is hereby deleted in its entirety. Exegefiens fer- Multi family' dWeffing units. Multi fiHnily dwelling twits within the same eemplex have the eptien te sub elid tea v„eet;e., De...tel De..m t a plea e« for .,.u tiple , its managed by ., a 1,.ea O ' shall be . Section 5: 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. Section 6: Effect Upon Existing Litigation. 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 7: 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 8: 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. Ordinance No. 13,Series of 2020 Page 3 of 3 Section 9: A public hearing on this ordinance shall be held on the 22nd day of September 2020, 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 8d`day of September 2020. Attest: AMAl Nicole Henning,City Clerk"' Torre,Mayor FINALLY,adopted,passed and approved September 22"d,2020. Attest: 7WW�Nicole Henning,City Cl er Torre,Mayor Approved as to form: J-dm' R. True, City Attorney l Ordinance No. 13,Series of 2020 Page 4 of 3