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HomeMy WebLinkAboutminutes.apz.19830802 ,~ 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. '-' 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