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Home My WebLink About1982-28 Amending Section 17.40.075 Condominium Conversion-Lodge and Accommodation Units to Clarify Certain Ambiguities{ i ORDINANCE #28 (Series of 1982) AN ORDINANCE AMENDING SECTION 17.40.075 CONDOMINIUM CONVERSION-LODGE AND ACCOMMO- DATION UNITS, TO CLARIFY CERTAIN AMBIGUITIES WITH SAID ORDINANCE, PROVIDING THAT THE RESTRICTIONS OF SAID ORDINANCE APPLY ONLY TO ACCOMMODATION UNITS WITHIN THE TOWN, AND PROVIDING THAT LODGES WITH CONVERTED A000MO- DATION UNITS SHALL ONLY BE REQUIRED TO CONTINUE TO PROVIDE CUSTOMARY LODGE FACILITIES AND SERVICES. WHEREAS, the existing Town of Vail has a character which has been delicately developed over the years, and part of that character is the present balance between accommodations for visitors to the Town of Vail, residents of the Town, and seasonal employees, and whereas, in recognition of this balance, the Town passed Section 17.040.075 of the Municipal Code, placing certain restrictions on the conversion of lodge buildings or structures containing accommodation units into condominium, and WHEREAS, it has become clear in the application of said ordinance that it contains certain ambiguities relating to whether it applies to both accommodation units and dwelling units within the Town, and WHEREAS, the Town Council is of the opinion that it would benefit the health, safety and welfare of the inhabitants of the Town of Vail if the restriction of the ordinance apply only to accommodation units within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 17.40.075 Condominium Conversion Any applicant seeking to convert any accommodation unit within the Town shall comply with the requirements of this section. The requirements contained in this section shall not apply to structures or buildings which contain two units or less. ,ti ~ • • A. The requirements and restrictions herein contained shall be included in the condominium declaration for the project, and filed of record with the Eagle County clerk and recorder. The condominium units created shall remain in the short term rental market to be used as temporary accommodations available to the general public. 1. An owner's personal use of his unit shall be restricted to fourteen days during the seasonal periods of December 15th through April 15th and fourteen days during June 15th through September 15th. This seasonal period is hereinafter referred to as "high season." "Owner's personal use" shall be defined as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable. Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this section. 2. A violation of the owner's use restriction by a unit owner shall subject the owner to a daily assessment rate by the condominium association of three times a rate considered to be a reasonable daily rental rate for the unit at the time of the violation, which assessment when paid shall be deposited in the general funds of the condominium association for use in upgrading and repairing the common elements of the condominiums. All sums assessed against the owner for violation of the owner's personal use restriction and unpaid shall constitute a lien for the bene- fit of the condominium association on that owner's unit, which lien shall be evidenced bz- written notice placed of record in the office of the clerk and recorder of Eagle County, Colorado, and which may be collected by foreclosure, on an owner's condo- minium unit by the association in like manner as a mortgage or deed of trust on real property. The condominium association's failure to enforce the owner's personal use restriction shall give the town the right to enforce the restriction by the assessment and the lien provided for hereunder. If the town enforces the restriction, the town shall receive the funds " • • • collected as a result of such enforcement. In the event litigation results from the enforcement of the restriction, as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney's fees incurred. 3. The Town shall have the right to require from the condo- minium association an annual report of owner's personal use during the high seasons for all converted condominium units. B. Any lodge located within the Town which has converted accomo- dation units to condominiums shall continue to provide customary lodge facilities and services including a customary marketing program. C. The converted condominium units shall remain available to the general tourist market. This condition may be met by inclusion of the units of the condominium project, at comparable rates, in any local reservation system for the rental of lodge or condominium units in the Town. D. The common areas of any lodge with converted units shall remain common areas and be maintained in a manner consistent with its previous character. Any changes, alterations or renovations made to common areas shall not diminish the size or quality of the common areas. E. Any accommodation units that were utilized to provide housing for employees at any time during the three years previous to the date of the application shall remain as employee units for such duration as may be required by the Planning and Environmental Commission or the Town Council. F. Applicability: All conditions set forth within this section shall be made binding on the applicant, the applicant's successors, heirs, personal representatives and assigns and shall govern the • • • property which is the subject of the application for the life of the survivor of the present Town Council plus twenty-one years. Conver- sion of accommodation units located within a lodge pursuant to this section, shall be modified only by the written agreement of the Town Council and the owner or owners of the units which have been converted into condominiums. The documents creating and governing any accommo- dation unit which has been converted into a condominium shall be modified by the owners of such units only with the prior written approval of the Town Council. G. Procedure: The conversion of an accommodation unit in an existing lodge shall be accomplished pursuant to the subdivision review process. The applicant shall provide the following documentation to the Town at the time of the application to convert accommodation units located in a lodge to condominium units: 1. Proof of ownership; 2. Site inventory for the property indicating in detail the actual location of any amenities serving the lodge; 3. Affidavit of services provided as is called for in sub- paragraph 2 above, 4. Designation and description of all employee units, 5. Plan of improvements to be made to the property along with estimated costs therefor. SECTION 2 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ' ___ .~ r ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereto regardless of the fact that any one or more parts, r sections, subsections sentences, clauses or phrases may be declared invalid. SECTION 3 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the town of Vail and the inhabitants thereof. IN'I'RODUCID, READ AND PASSED ON FIRST READING THIS /~~-~C, day of ~~t (~-u~z..~ u 1982 and a public hearing shall be held on this ordinance on the 7Z`.:G day of ~~~~ 1982 at 7:30 pm in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this jJf.~C day of ~,~ ,~~ 1982. ~~ _~ ~_ ~~ '~~ , Rodney E ./Slif'erGjMayor i~ T ATTEST: ~~ ~~ Cole Kline, Town Clerk ~• IN/~TRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ~~ . ~~ ~~~ ~~~ ~-~~-~ C'.~ueC'~C'liv this ~~ day of ~f.~~~ 1982 . ~ - // 1 ~, i ;~ Rodney E.lSli~er, ayor ATTEST: Col e n M. Kline, Town Clerk