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HomeMy WebLinkAboutminutes.apz.20020611ASPEN PLANNING & ZONiNG CO~SSION MinUtes JUNE 11~ 2002 Jasmine Tygre opened the special Planning and Zoning Meeting at 5:15 p.m. after the work session with City Council in Council Chambers with Bert Myrin, Ron Erickson, Ruth Kruger and Roger Haneman. Eric Cohen was excused. Staff in attendance were: Joyce Ohlson, Community Development; Jackie Lothian, Deputy City Clerk. MINUTES . MOTION: Ron Erickson moved to approve the minutes from May 21, 2002; seconded by Ruth Kruger. APPROVED 5-0. MOTION: Bert Myrin moved to approve the minutes from May 28, 2002; seconded by Ruth Kruger. APPROVED 5-0. DECLARATION OF CONFLICTS OF INTEREST None stated. CONTINUED PUBLIC HEARING (05/21 '02 and 06/04/02): FRACTIONAL OWNERSHIP CODE AMENDMENTS Jasmine Tygre opened the continued public hearing on Fractional Ownership. Tygre explained that the exemptions were covered in the last meeting and the rest of the commission wanted to get input form Ron and Roger prior to the approval of the code amendments. Alan Richman noted that staff had additional research to provide the commission with additional information on the RMF zone district for the exemption to apply with conditions. Joyce Ohlson stated that the statistics were drawn from GIS in conjunction with assessors' plats, which produced 2 maps showing geographic boundaries along with a tally sheet of the number of buildings and the number of units in the (R/MF) Residential Multi-family Zone District. Richman noted that the criteria may not work on the west side but could possibly work on the east side. Ohlson said that if Cooper was used because it was closer to the activity center then it negates inclusion of these. Ron Erickson said that if second homes were to be timeshared they would probably get better usage. Erickson reviewed the list of condominiums pointing out the long-term residences; he said that he was not in favor of converting long-term local housing to timeshare. Erickson said that the LTR zone district was for the most part short-term rental properties; he said that more short-term rental properties were needed (studios, one and two bedrooms). Richman said that a member of the public asked about a certain area of the RMF zone district being included and it was up to the planning and zoning commission to decide if there was any interest 1 ASPEN PLANNING & ZONING COMMISSION Minutes JUNE 11, 2002 in pursuing the RMF zone district's inclusion or exclusion in the adopted resolution. Ohlson noted that only condominiums were to be included in the exemption. Richman stated that state law required that the buildings be condominiumized for the timeshare exemption. Richman reiterated that the question on the table, which was to limit the timeshare exemption to the LTR or expand to RMF. Ohlson said that there were 38 units on the south side of Cooper that could potentially convert. Erickson stated that he did not want to reduce the bed base in the RMF zone because condominiums haven't been built in the last 25 years. Ruth Kruger said that there would probably be many properties in the LTR zone district at the base of the mountain; she said that maybe this could be watched to see how it does in this zone district meeting the requirements of the exemption. Richman said that the properties that were eligible for the exemption were in the table and met the standards and on page 3 of the resolution for properties with 6 units or less in the LTR zone district. The sentence at the top of page 3 The City also intends to provideprotectionfor its long term residential neighborhoods, to ensure that the impacts of timeshare development do not adversely affect the character of these residential areas by limiting the use to City's Lodging Commercial Zone districts was added. Kruger asked how the city would protect the long-term residences. Richman replied that by limiting timeshare to the LTR commercial zone districts. Roger Haneman said that he agreed with not going into the RMF with timeshare at this time; he did not want to see a reduction in the bed base and did not see any protection for that in the resolution. Haneman voiced concern for buildings going from 20 units down to 10 units when one of the goals was to preserve and enhance lodging inventory; there was nothing that would protect the current bedroom count, which would enlarge the units but not necessarily benefit the town. Ohlson replied that at a minimum it would mm into 7 owners per unit with a timeshare. Kruger said that maybe there would be an incentive to create more bedrooms. Richman said that presently there was a density penalty in the LTR which basically doesn't allow as many bedrooms as you may want; one bedroom per 1,000 square feet, which would be deleted in the conversion. The commission agreed that incentives, desirability, intent to be the same number of bedrooms or an increased number of bedrooms, for sale purposes, density and evaluation points would become part of the standards for review. Charles Kennedy, public, stated that he remodeled properties and was intrigued by the timeshare aspects. Kennedy said that what he wanted to do paralleled what the 2 ASPEN PLANNING & ZONING COMMISSION Minutes JUNE 11, 2002 commission wanted to do, which was to take single-family properties that were not being used very much and convert them into luxury homes sold ~o 4 or 5 people with deeded interests. Kennedy said that if someone were allowed to step forward and apply based upon the building, upon the rental of the building that could add to the vitality of the neighborhood that the commission sought. Kennedy said that he wanted to take the steps; there were 4 units in this building and knew of 2 that may want to do this. Kennedy said that if there were language for site specific, this would apply to luxury properties. Bert Myrin said that an LLC couldn't be prevented from doing this; he asked the advantage of a deeded inertest. Kennedy replied that he did not want to go down the securities path and did not want to do anything against the community. Kennedy gave a scenario of his plan with a deeded interest. Tygre stated that the original task was to develop the appropriate regulations for timeshare lodges and this has gone way beyond that. The commission felt uncomfortable in venturing into other areas that may be very innovative and creative. The purpose of the charge was to revitalize the lodges in the LTR zone district by allowing with the appropriate reco~rnnendations for the regulation for the lodges that wanted to convert to timeshare. Also the language of not losing the bedrooms was an addition. The commission discussed lock-offs, size of the rooms, size of units, 2 and 3 bedroom condominiums, 4 to 5 bedrooms not needed, studios and 1 bedrooms were needed, room verses unit. Ohlson said that the occupancy level was what was important. Richman noted the additional changes on page 3 were ~ exempt/on, the units shall be replaced with Exempt timeshare. Page 19, section 6 identified that exempt timesharing was a use permitted only in the LTR zone district. Myrin said that the timeshare offices in town decreased the vitality and decreased the community character; he said that the offices should be in a hotel room on site or on the second floor of a building or outside the commercial core. Myrin said that he didn't know if there was a way to address this issue in this resolution rather than wait until another ordinance came along, there was a tremendous impact on commercial core. Myrin said that these projects require an office in town unlike a hotel or luxury apartment. Richman said that they were required to disclose the offsite location of the office but there was no review standard at this point; he said that this would be handled in the infill review. Erickson said that he understood Bert's concern but felt that it was a separate issue and he didn't think that just 3 ASPEN PLANNING & ZONING COMMISSION Minutes JUNE 11, 2002 timeshare offices should be restricted but maybe all real estate offices in the commercial core sho¢ld be restricted. Er!ckson said that would be a difficult piece of legislation and he said that he did not want this piece of legislation delayed or muddied by this issue. Erickson noted that it was an ancillary problem but was not restrictive to just timeshare office. Myrin stated that the timeshare office was a highly intensive sales office unlike a regular real estate office because many shares of each unit had to be s01d; he felt it was a direct impact of this ordinance on how it changed town. Myrin said that he could not support passing the ordinance unless there was something to mitigate the impacts of the vitality and character that it was zapping from the core. Kruger said that this was not the sale of a one time residential home or condominium but the sale of something more viable to the community than a home that was used one month a year. Kruger agreed with Ron on the legislation that has been labored over for a long time and needed to be put in place; this was to be addresses as a separate issue. Kruger said that it was viable retail space that was used to sell property. Tygre commented that Bert's point of view was well taken but should be kept as a separate issue and considered in the infill review. MOTION: Ruth Kruger moved to approve P&Z Resolution #16, series 2002 as amended, Seconded by Ron Erickson. Roll call vote: Haneman, yes; Kruger, yes; Erickson, yes; Myrin, no; Tygre, yes. APPROVED 4-1. MOTION: Ron Eriekson moved to adjourn at 6:30 p.m. Bert Myrin seconded. APPROVED. 5-0. ~/~ckie Lothian, DePuty City Clerk 4