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HomeMy WebLinkAboutresolution.apz.008-83RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE APPROVAL OF THE PROSPECTOR LODGE TIMESHARE PROJECT PURSUANT TO SECTION 20-24, TIMESHARE REGULATIONS, SECTION 24-3.3, CONDITIONAL USE REVIEW AND SECTION 20-23, LODGE CONDOMINIUMIZATION Resolution No. 83 - 8 WHEREAS, the Aspen Planning and Zoning Commission held a public hearing on August 2, 1983 at which time the Prospector Timeshare Project, located at 301 East Hyman Avenue (Lots A, B, C, D, Block 82, Aspen Original Townsite), was considered, and WHEREAS, since the project is a conditional use in the applicable CC zone district and is also considered a subdivisiOn and condominiumization~ the application had to comply with Sections 24-3.3 (conditional use review), 20-23 (lodge condominiumization), and 20-24 (timesharing) of the City Code, and WHEREAS the application does comply with all applicable requirements of the City Code. NOW, THEREFORE, BE IT RESOLVED by the Aspen Planning and Zoning Commission that it does hereby recommend that the City Council approve the proposed Prospector Timeshare Project subject to the following conditions: The applicant must provide a current title commitment from a title insurance company prior to City Council review. The condominium plat must be amended to include the following: Reference encroachment license by Council for the rock facade the north frontage. granted stairs on be Indicate book and page of easements for the transformer in any vaults or pedestals on the property. c. Show common areas. d. Locate trash facilities. e. Add necessary approval certificates. Add unit amenities, including hot tubs and saunas. g. Designate employee unit %108. -2- 10. 11. 12. The landscape plan should be subject to the approval of the Parks Director. The plan should contain the following: The additional sidewalk spur on the west end of the alley. Irrigation of the planting areas along the west and north frontages to maintain trees in those locations. The applicant must provide 16 on-site underground parking spaces. The project must include amenities as proposed including a sundeck on the third floor, on- site parking, lobby, and unit amenities including a hot tub, sauna, wet bar and masonry fireplace. Occupancy by a timeshare owner is limited to 30 days in the winter season. No prohibited marketing practices will be allowed including the giving of gifts in a deceptive manner, use of public malls or streets for sale, and phone solicitations to visitors at other lodges. The 19 renovated lodge units found in the Prospector must each be split into 52 weeks. Seven must be reserved for the maintenance of the project. Four of these seven weeks must be used exclusively for maintenance with no rentals or other uses allowed. Two of the four weeks must be in the spring while the remaining two weeks must be in the fall. The remaining 45 weeks must be sold as proposed in three week timeshare packages. Each three week package must contain a peak season ski week, a peak summer week, and an off season week in either the spring or the fall. No right-to-use timeshare leasehold will be allowed. Ail Prospector timeshare interest sales must be on a fee ownership basis. Timber Run Realty and Terry Liming as Plan Manager will be responsible for the marketing program for the Prospector. A local contact must be identified to the City of Aspen for communication purposes. The marketing program identified in the timeshare application must be adhered to. Subsidies for transportation and lodging will be allowed for parties interested in visiting the Prospector Timeshare Project. The Planning Office must review this subsidy program six months after the program is mitigated to ensure that it is operating in the responsible way in which it was proposed. As proposed, the applicant must establish four banking accounts for operation of the budget system. Proof that these accounts have been established must be documented to the City of Aspen when such accounts are established. -3- 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. The issuance of a Certificate of Occupancy will be sufficient to meet th~ requirements of Section 20-24(F) (2) of the Code. Deposits or downpayments made in conjunction with the purchase of a timeshare unit must be held in an escrow account until closing or the issuance of a Certificate of Occupancy, whichever is later. The escrow agent must be a title company in Aspen, a neutral third party. No closing will be allowed until at least eight of the total 15 timeshare packages are sold for any given unit. When closing occurs, the declarant as well as the new timeshare owners must then begin to pay their quarterly assessment fees. For any unsold units the developer is responsible for operating costs. The Interior Reserve Fund and the Exterior Reserve Fund, both expenditures itemized in the maintenance/ assessment fees, cannot be reduced or suspended during the first five years after the first closing. All other expenditure items used in the calculation of the assessment fees can be adjusted with 75 percent of the owners and 100 percent of the mortgagees approving the adjustment. The money designated for the reserve funds must always be held in escrow to be used as needed for interior and exterior repairs and maintenance. The Prospector timeshare units are limited to six occupants at any one time. The actual 50 year deed restriction for the employee unit (#108) must be reviewed and approved by the Attorney's Office as soon as possible. The owners are required to own the common areas and common amenities in the Prospector Lodge and this must be reflected in the appropriate documents. The Board of Managers must designate a managing agent, a local agent. One deed must be conveyed for each three week package so that weeks are never sold individually. References must be made throughout the application and attached exhibits to indicate that the project is subject to all of the requirements in Section 20-24 as well as the State Timeshare Laws which are already specified in the application and attachments. -4- 24. 25. 26. 27. 28. 29. 30. 31. The financing for the Prospector must be expressly subject to all restrictions placed on the project. The applicant must meet the original three conditions of the Certificate of Occupancy issued by the Building Department. These three conditions include: The required handicapped access must be approved by Council. The P&Z recommends that the handicapped access requirement be waived. The parking requirements must be reduced with Council approval from 17 to 16 spaces or the additional space must be provided. The P&Z approved that the parking requirement be 16 spaces. The landscaping plans must be approved by City Council. P&Z approved the landscaping plan. The plan manager or the managing agent must apply for and show evidence to the City of a Colorado State Sales Tax License since the City, County and State sales tax will be applicable to any short term rental of these units. A required real estate transfer tax will apply to initial and subsequent sales of the timeshare interest and will be collected as is done in any other real estate transaction. The Prospector Disclosure Statement, the Prospector Condominium Documents entitied Fractional Estate Declaration, the Prospector Articles of Incorporation of the Fractional Owners Association, and the By-Laws of the Association as well as a sample purchase contract must all be amended to reflect the conditions of approval placed on the Prospector through the approval process. The Planning Office and the Attorney's Office must both review and approve the final documents to ensure the changes and clarifications are accurately made~ Any updating or amending of the approved timeshare documents must be approved through the City according to the requirements of Section 20-24 of the subdivision regulations. The.declarant must be responsible for all required assessment fees and expenditures related to the unsold timeshare units. The declarant may rent unsold units but the rental money must go toward any maintenance which may be necessary as a result of the unit's use as a rental. The applicant must provide further information on the financing to be offered prior to Council review. The applicant must clarify throughout the timeshare application references to timeshare units versus references to timeshare interests. municipalities with timeshare experience, a strong emphasis has been placed on the necessity for a marketing group with past timeshare experience due to the complexity and uniqueness found in a timeshare project and the risk taken with an inexperience marketing entity. The lack of on-site management for the timeshare project. The short-term nature of timeshare ownership would be more effectively handled by on- site management proposed. With respect to the general intents and purposes of Chapters 20 and 24 of the Code, the Planning and Zoning Commission found the overall proposal to be a project with too great an impact on the neighborhood as well as finding that the impacts could not be sufficiently mitigated. The project has therefore been determined to be incompatible and inappropriate in this location. APPROVED by the Aspen Planning and Zoning Commission at their regular meeting on September 6, 1983. ASPEN PLANNING AND ZONING COMMISSION ATTEST: By Sally Ha~s , Deputy Clerk