HomeMy WebLinkAboutresolution.apz.010-82RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING A TIMESHARE ORDINANCE FOR THE CITY OF ASPEN
Resolution No. 82 -
WHEREAS at a joint special meeting with the City Council on July 27,
1982 the Aspen Planning and Zoning Commission discussed the advantages and
disadvantages of timesharing and its appropriateness in the City of Aspen, and
WHEREAS a public hearing was held before the Planning and Zoning Commission
on August 10, 1982 in order to discuss the issues involved in timesharing,
including but not limited to the following issues:
1) The potential reduction of short-term units in the City resulting
from timesharing and the possible affect on the remaining short-term
lodge and hotel units.
2) The possibility of encouraging more people to come to Aspen in the
traditional off-season periods and the difficulty of marketing these
off-season periods.
3) The affect of timesharing on the smaller, nonconforming lodges.
4) The possibility of timesharing adding to the unaffordability of Aspen
through price escalation versus the less expensive ownership alternative
provided by timesharing.
5) The importance of consumer protection techniques and strict timesharing
regulations in order to prevent fraudulent business practices, misrepresentation
and deceptive timeshare sales techniques, and
WHEREAS at the public hearing on August 10, 1982 the Planning and Zoning
Commission directed the Planning Office to proceed with work to formulate a
timeshare ordinance which would appropriately regulate timesharing and address
potential problem areas, and
WHEREAS at a special meeting of the Planning and Zoning Commission on
August 24, 1982 the Planning and Zoning Commission reviewed and made recommendations
on a draft timeshare ordinance, and
WHEREAS the Planning and Zoning Commission did recommend that timesharing
only be allowed in the L-l, L-2, CC, CL and R-MF zone districts and also the L-
3 zone district should such zone be established, and
WHEREAS the Planning and Zoning Commission did determine that right-to-use
(timeshare license, lease or vacation club) timeshare interests were not appropriate
in Aspen as they have most often been the subject of fraudulent practices and
are often not covered by regulations governing real estate transactions, and
WHEREAS the Planning and Zoning Commission did recommend that new timeshare
projects be subject to full subdivision procedures and a conditional use review
while existing or renovated structures be subject to the subdivision exception
process as well as conditional use review, and
WHEREAS the Planning and Zoning Commission did review various disclosure
requirements to be included in timeshare applications so as to offer substantial
consumer protection and did establish 27 such disclosure requirements which
are included as part of this Planning and Zoning recommendation.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of
the City of Aspen that it does hereby recommend that the Timeshare Ordinance
attached hereto as Exhibit A and incorporated by reference herein, be adopted
by City Council as an amendment to the Aspen Zoning and Subdivision regulations.
Approved by the Aspen Planning and Zoning Commission at their regular
meeting on September 7, 1982.
ASPEN PLANNING AND ZONING COMMISSION
ATTEST:
Vir~ia M. Beald, Deputy Cit~ Clerk
Perry Har~y, Chairman