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RECORD OF PROCEEDINGS
100 Leaves
FORM" C.F.1l0cCKELB.B.llL.CO.
PLANNING AND ZONING COMMISSION
REGULAR MEETING
AUGUST 2, 1983
Prospector
Lodge
Timeshare
Project
(cont. )
Gideon Kaufman, attorney, told the Commission that the applicant would like
the Planning and zoning commission to ammend the conditional use. Alice
Davis explained that the this particular item was actually a modification
to a conditional use.
Alice explained the next condition which states that the applicant has propcsed
and agreed to certain amenities which include a sundeck on the third floor,
a hot tub for everyone, and a hot tub, sauna, firplace, and wet bar for each
individual unit.
Condition number 6 states that occupancy by the timeshare owner., is limited~to
30 days in the winter season. Alice explained that condominiumi~ation approval
had to be obtained before,or in conjunction with, timeshare approval. Some
of the requirements of lodge condominiumization do not necessarily apply but
they may. The Planning Office is recommending that in the future as part of
the evaluation for the timeshare ordinance that a code amendment be done
to "make the lodge condominiumization section of requirements guidelines.and
not necessarily requirements because they don't always apply." This section
pertains to the owner occupancy limitations and lodge condominiurnization.
Timesharing by its very nature is a short-term use. Alice pointed out that
the timesharing is no longer a short-term use if several packages are bought
and the owner remains in the unit for several months. The Planning Office
is recommending a thirty day restriction on the Propector Lodge, which is
four packages.
Roger Hunt felt that there should be some restriction.
David White said that the Commission has just put in a change in use so the
Commission should look at physical square footage "building built as different
uses over a long period of time." David thought that restricting to only
14 days or 30 days is not a good practice. There should be some flexibility.
Perry Harvey pointed out that in timeshare where each unit is sold to 15
different people those 15 people, even if none of them rent it and they all
come use it there will still be a turnover.
Perry asked if the applicant would feel restricted if the timesharing were
limited to thirty days. Gideon said that the applicant could live with
thirty days though by restricting the time some flexibility was lost.
Jasmine pointed out that once a particular unit is time shared it becomes
part of a short-term rental pool.
Roger Hunt said he would like to see a limitation on the time. Thirty days
should be the absolute maximum and fourteen days was more appropriate.
Pat Fallin thought that thirty days was appropriate.
Jasmine Tygre thought that there should be a little more flexibility.
Alice Davis read the following conditon: No prohibited marketing paractices will
be allcwed including the giving of gifts, use of public malls or streets
for sale, and phone solicitations. The applicant agrees to this condition.
There was SCIJle concem over the definition of the phrase" giving of gifts in a
deceptive manner." The way this marketing program works is in the peak season
they will market to tourists, and in the low season they will market to target
cities...Houston, Dallas, Chicago, etc. If people see an ad and call, they will
send them an information packet, but if they call again, they have the right to
subsidize the transportation and lodging to come and visit the timeshare project.
Whether or not this is the giving of a gift in a deceptive manner is the question.
Gideon Kaufman states that what they tried to avoid was the type of situation
where people get here and can't get back out until they have seen the project.
Perry Harvey says he has a concern about the giving of gifts, because it qualifies
the buyer in a particular way. People who bought condominiums in Aspen today are
Prospector
Lodge
Timeshare
Proj ect
(cont. )
-4-
a particular class of people who can afford to come to Aspen to be here enough
to know that they want to buy a condominium here. When you start subsidizing
people's transportation to come to Aspen to buy a piece of a time-share unit
for a much lower price, you will be getting a completely different kind of buyer
than the buyer who can afford to pay his own way to Aspen.
Gideon Kaufman responds that since these condominium are selling for $35,000,
anyone who can afford to spend that much will be able to add to the financial
base of the community.
Sheldon then asked what the down-payment and payment structure going to be.
Terry, the applicant, replies that the financing will be 20% down, 80% loan,
7 - 10 years at approximate current market rates, 14% right now, so about
$5,000 or $6,000 down. He continued that they have used this same kind of
program for about 3 years in Winter Park, and that mainly they are encouraging
people to come and take a look. Gideon Kaufman added that if someone is planning
on buying one for one-fifteenth, they're going to be looking at taking 2 trips
a year to Aspen, and I think that qualifies them as financially capable. He
also said that they are asking that the language in the code be included in the
language of the condition.
Sheldon then asked about the phone solicitation.
Kaufman replied that when that came up the intention was to prohibit someone
from getting the list of names in a lodge, call~ng up the tenants when they are
on vacation, and trying to get tqe m to come next door.
Alice Davis explains the next item, to clarify the package that the proposal for
maintenance weeks, they are including 7 maintenance weeks, and are only required
4, and that those weeks can never be used for anything but maitenance, and 3 can
be used for maintenance as needed.
Sheldon asked if those must be contiguous weeks, not 4 weeks together, but each
week must be one full 7-day week, with no rentals in between.
Terry, the applicant, said they couldn't do that since the weeks start and end
on the same day in each unit. He added that the maintenance weeks would most
likely be scheduled for 1 week in each of the 4 seasons.
Alice continues with the memorandum, in which item #9 concerns with right-to-
use being prohibited, #10 verifying that Timber Run Realty and Terry Liming
will be responsible for the mar~eting program. They will establish a local
office and will have a local contract. Item #11 deals with subsidies, and Alice
said that they had added some wording to allow the Planning office to review the
marketing and subsidy program after 6 months to make sure it is operating in a
responsible way.
Sheldon asked if they would be reviewing the entire marketing plan, or just the
subsidy program. Alice replies that they would be reviewing just the subsidy
portion.
Sheldon then inquired how the marketing program would be monitored.
Alice replied that they would probably just assume it was going OK.
Sheldon then asked if the Board had any recourse, and Alice replied that the
Board could withdraw their approval. Sheldon asked if they didn't feel there
should be any review by anyone of the marketing program. Alice said she thought
it might be a good idea to review both he subsidy and marketing program.
Kaufman asked why that would be necessary, and Sheldon replied that it would be
simply to give them a chance to take a look at it.
Kaufman said that he thought the Planning office had enough controls over it,
that what they said they were going to do, they were doing, both in the subsidy
and marketing programs. So that when Planning office contacts them at the end
of 6 months, they show them the advertising. Harvey said a six month
review is fine, and it can be done sooner, if there are problems.
Ms. Davis read point 12, the applicant must establish four banking
accounts for operation of the budget system, and this must be
documented to the city. Point 13, the applicant must give informa-
tion on the present condition of structural components and mechani-
cal and electrical installation and useful life. Kaufman said the
applicant is going along with this but does not feel it is necess-
ary. Point 14 is just escrow, title company any downpayments must
be put in escrow until closing or the issuance of a C.O.
The next condition is that no closing will be until at least eight
of the 15 timeshare packages are sold. Kaufman told P & Z they
want to insure that the money is being held in escrow, not being
used by the developer. Kaufman said if the developer decides to
have limits on how many units he is going to sell, he will have to
disclose this. This will tell buyers up front there will be no
closing until 8 time share units are sold. Ms. Davis said this is
also protection for the city.
....../
fORM '0 C. F. ~OECKEL B. 8. II L. C~
RECORD OF PROCEEDINGS
100 Leaves
The Planning and Zoning Commission held a regular meeting on Tuesday, August 2, 1983 at
5:00 p.m. in the City Council Chamners. Present were Jasmine Tygre, Pat Fallin, Welton
Anderson, David White, Roger HUnt, Perry Harvey, and Paul Sheldon.
Commissioner
Comments
Minutes
Satellite
Dish
Special
Review
Roger Hunt mentioned the used car lot near Cemetary Lane and suggested
a sign to keep people from parking.
Perry Harvey asked how the Police felt about it and if they had a policy
regarding parking on the shoulder of a road.
Gary 'Esarv said that he would research the problem and discuss it with
Wayne Chapman, city manager, and the.police chief.
David White told the Commission that he had applied and had been interviewed
by the transit authority.
Welton Anderson said that the Commission and the Council had considered getting
together to give the Council an idea of the planning process.
Paul Sheldon stated that there was apparently a land trade about to be consumated
between the Forest Service and another land owner. There will be some land
traded in Hunter Creek for 1 acre of property bordering the city at the base
of Shadow Mountain. Paul said that because this property bordered the city
and because there has been talk about aquiring the same piece of property for
open space he would like to be better informed on the transactions taking place.
Paul Sheldon pointed out that this was Joy Brooks last meeting as secretary to
the Commission. Paul wished to thank her for her service and told her that
she would be missed.
Pat Fallin moved to approve the minutes for the meeting of July 19, 1983 on the
condition that Jack Miller's last name be added. Jasmine Tygre seconded the
motion. All in favor, motion carried.
Colette Penne, of planning, explained that the dish would be placed on a pole
mount. In terms of the review criteria, . the pole should be able to be placed
so that is not in a set back nor does it impose a variance. Through the
building permit review process the engineering of the pole mount, to assure
that neighboring properties are not in danger, will be reviewed. It appears
that positioning the dish on the pole mount as far east on the property as
possible is the best alternative. The planning office recommends conditional
use approval and expansion of the existing conditional use permit to allow
the dish placement on the pole mount as far east of the property as possible,
without violating area and bulk requirements. The following conditons will
apply: a building permit be secured, the dish be secured in such a way as to
pose no physical threat to neighboring properties, final approval be obtained
from the HPC, and state of the art be monitored through a review. Colette
suggested a review every two or three years as there is a need for a reasonable
time period for progress in the state of the art to be made. The applicant
has agreed to a three year time period. The Commission also agreed to a three
year time period.
Continued Perry Harvey opened the continued public hearing. Perry Harvey closed the
Public Hearing public hearing.
Colette Penne asked for the boards reaction to screening the dish "but not so
as to look unnatural on the site." Colette thought that placing the dish on
the pole mount eliminated the possibility of screening the dish naturally.
Roger ffunt suggested that the front of the dish remain white and the back be
painted a "blending" color.
Colette said that she would recommend to HPC that they do not try to incorporate
screening because it would look unnatural.
-1-
Satellite Dish
Review (cont.)
City Plaza
Building GMP
Allocation
Prospector
Lodge
Timeshare
Project
-2-
Roger Hunt moved to approve conditional use expansion of KSPN's existing
conditional use permit to allow the placement of a satellite dish on the
proposed pole-mount as far north-easterly on the property as possible without
violating area and bulk requirements. The conditional use exapansion is
dependent on the conditions contained in the planning office memo dated
August 2, 1983, with the exception of conditon four which will now read
"This permit is being issued for a period of three years" rather than
"This permit is being issued for a period of two years", and further adding
the comments for HPC that the Planning and Zoning Commission believes that
position of the dish on the property sufficiently screens the satellite dish
through the natural vegetation and buildings present on the site. The Planning
and Zoning Commission does not anticipate the need for artificial screening.
Jasmine Tygre seconded the motion. All in favor, motion carried.
Alan Richman of the planning office told the Commission that the applicant
has returned with a proposal for landscaping that is similar to the original
plan. The applicant has substantially reduced the seating area and has proposed
to place trees and grass around the area.
Paul Sheldon confirmed that the only changes were the extension of the building
out underneath the arcade walkway and reversal of the stairs.
Alan pointed out that the applicant had added five benches to the plan and
had located a sculpture but had not promised to put it in.
Roger Hunt moved to approve the revised landscaping plan as shown on the City
Plaza Building Drawing dated June 13, 1983 and revised July 22, 1983.
David IVhite seconded the motion. All in favor, motion carried.
Alice Davis of the planning dept. summarized the project, emphasizing the
conditions. Alice explained that conditional use approval, lodge condominium-
ization approval, and Subdivision exception approval had to be obtained
according to the new timeshare reservations. .
The Prospector Lodge has 19 newly renovated units. The applicant is proposing
to divide the units into 52 weeks; 7 of the weeks will be reserved purely for
maintenance and the other 45 weeks will be divided into 3 week packages. Thus,
there are 15 pac~ages for 3 weeks that will be sold for each of the 19 units.
Each of the three week packages will have one peak winter week, one peak summer
week, and One off-season week. The off-season being the closing of ski season
to about June Istand from the middle of October to thanksgiving. The applicant
stated that they were considerihg all of June, September and October to be a
part of the off-season.
Alice explained condition one which states: The applicant must provide a current
title commitment from a title insurance company prior to City Council review.
Alice said that this was done to verify the ownership. The second condition
relates to the condominium plat. The seven items listed on page 8 of the
memo dated August 2, 1983 are the recommendations given by the Engineering
Dept. The third condition is the landscaping plan. Ms. Davis said that
there was a very specific landscaping plan that was approved as part of the
original conditional use application. The plan has been revised out of
necessity. Jim Holland, Parks Dept. director, and Bill Dreuding of the
Building Dept. have reviewed the revised plan and feel that the revised plan
provides additional items that make up for the items that were eliminated from
the old plan. Condition number four indicates that the "applicant must provide
16 on-site underground parking spaces." There is no parking requirement in the
"CC" district. The original conditional use approval for the Prospector stated
that the applicant should provide 17 underground parking spaces. This is
no longer possible because "its been converted to another use and the site
and the structure make it physically impossible to have that last parking
space." The applicant is requesting that the parking be reduced to sixteen (16)
underground parking spaces and the Planning Office agrees as there is no
requirement for parking.
Pat Fallin was concerned with the fact that there was only 16 parking places
proposed because of the already congested parking in the area. Pat said that
spe ~ould be willing to approve the 16 underground parking places if the
applicant would provide more off-site parking.
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RECORD OF PROCEEDINGS
100 Leaves
~ORM '0 C. F. HOECKEl B. B. 8: c. co.
Regular Meeting
Planning and Zoning Commission
-5-
August 2, 1983
Prospector Lodge Time Share
Kaufman pointed out making the number of time share units sold before closing
cannot be too large or the viability of the project will be ruined. Kaufman
pointed out this cannot be a mixed project, with short term accommodations.
Ms. Davis read the next condition, when closing occurs, the declarant as well as
the new time share owners much begin to pay quarterly assessment fees. For
any unsold units, the developer is responsible for operating costs is added to
number 16. Condition 17 has to do with whether a non-owner should be on the
Board of Managers. Non-owners should not be setting the rules; however, owners
will not live here full time to take care of business. Harvey said he did not
feel there is a concern who serves on this Board. The Commission agreed to
omit this condition.
Ms. Davis said the next condition addresses the interior and exterior reserve
fund. This fund equals $10,000 a year and cannot be reduced or suspended for
the first 5 years. After that, it can be reduced or suspended for five years.
Kaufman said after that period of time, the applicant will have;to justify to
the city a reason for continuing the suspension.
Condition 19 limits the occupancy of a unit to six persons. Condition 20 says
the employee unit has to be deed restricted. Condition 21 states all the owners
own a share of the common areas and amenities. The next condition is the
Board of Managers must designate a local managing agent. Ms. Davis noted #23
states there is only one deed for each three week package. The next condition
says they will be subject to local and state laws on time sharing.
Condition 25 is that the financing must be subject to the restrictions placed
on the property. Condition 26 are the building department conditions from
the original C/O. Kaufman told the P & Z this project has gone to the Board
of Adjustment, and the Board agreed there is no need for handicap access.
Under state law, local municipalities have the ability to waive that requirement
so the Prospector was built without handicap access. The Board of Adjustment
suggested this decision be confirmed by the Council. Kaufman said he would
like P & Z's concurrence. The Prospector was built based on the Board's
varianced. The P & z agreed that the Prospector should not have to go back
and install handicap access.
The P & Z agreed with 16 parking spaces, rather than 17 and that the landscap-
ing plans should be approved by Council. Condition 27 is to obtain a sales
tax license and the RETT will be paid. The next condition just refers to all
the documents and that they must be approved by the city attorney's office.
Condition 29 is that any amending of the time share documents must be approved
by the city. Number 30 is that the declarant must be responsible for all
required assessment fees and expenditures.
Condition 31 asks for more detail about the financing prior to Council review.
32 is a technicality about time share units versus time share interest. The
next condition is that 30 per cent of the qualified voters constitute a quorum.
P & Z added the members may be by proxy. Condition 34 says the owners cannot
lease common elements or amenities, except the employee units. Condition 35 is
that the applicant will give suitable security to the city to insure compliance
with the marketing program.
Ms. Davis said condition 36 is that the full details of the exchange program be
given the purchasers of time share units. In condition 37, it requires the
applicant to sign the application. The next condition asks for an affidavit
insuring the quality and quantity of the project. Kaufman said this has not
be operated as a lodge for the previous three years, and this application is
not going to be a lodge anyway. Harvey said the P & Z wants to make sure
that management, services and maintenance are improved. Kaufman said time share
Regular Meeting
Planning and Zoning Commission
August 2, 1983
is different from a lodge. The Commission wants to see the affidavit regarding
condition 38. Sheldon suggested in the affidavit which conditions are differ-
ent and if the applicant does not intend to remedy them, why. Ms. Davis told
P & Z the applicant wants to put a laundry in, which they do not have the
details on yet. Ms. Davis suggested tabling this until the applicant is
ready, as it is a separate area.
Harvey opened the public hearing. Sheldon said he has had some comment from
citizens concerned about the giving of gifts and wanted to bring that up.
Harvey closed the public hearing. Harvey complemented Ms. Davis on the
thoroughness of the memorandum.
Hunt moved to have the planning office write a resolution containing the modifi-
cations discussed approving time sharing of the Prospector Lodge; and to table
action on the laundry as a conditional use for separate action at the time of
application; seconded by Ms. Fallin. All in favor, motion carried.
Hunt moved to adjourn at 7:05 p.m.; seconded by Ms. Fallin. All in favor,
motion carried.
v ,I