HomeMy WebLinkAbout1995- 1 Amending Chapter 17.26 -Condominium Conversions of the Vail Municipal CodeY ~~,
ORDINANCE NO. 1
SERIES OF 1995
AN ORDINANCE AMENDING CHAPTER 17.26, CONDOMINIUM CONVERSIONS
OF THE MUNICfPAL CODE OF THE TOWN OF VAfL
WHEREAS, local governments have broad authority to plan for and regulate the use of
land within their respective jurisdictions pursuant to Section 29-20-102, C.R.S.; and
WHEREAS, the Comprehensive Plan recognizes a need far more lodging facilities to
accommodate additional destination visitors; and
WHEREAS, this goal can only be achieved by maintaining and increasing the number of
residential units available for short term over-night accommodations; and
WHEREAS, the development of short term accommodation units is strongly encouraged;
and
WHEREAS, the conversion of lodges and accommodation units to condominiums reduces
the number of units available for short term over-night accommodations; and
WHEREAS, the restrictions provided in Section 17.26.075, Condominium Conversions to
assure that converted condominium units remained in the short term rental market has proved
incapable of effective enforcement; and
WHEREAS, converted condominium units, while technically remaining in the rental market,
are not in fact being rented and used effectively as accommodation units; and
WHEREAS, the Town Council believes that in addition to the use restrictions that will
continue to apply to those previously converted condominium units that it is necessary ro preclude
the conversion of any present lodges or accommodation units to condominiums.
NOW, THEREFORE, Chapter 17.26, Condominium Conversions shall be amended as
follows:
1) 1726.010 Purpose.
F. To ensure the rental pool of accommodation units is not depleted by the
conversion of lodges and accommodation units to condominiums.
2) 17.26.020 Definitions.
C. "Condominium Conversion" means the development or use of the land and
existing structures as a condominium project regardless of the present or prior use of such lands
and structures, and regardless of whether substantial improvements have been made to such
structures. !t shall not be permitted to cornert existing lodges or accommodation units to
a condominium project.
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Ordinance No. 1, Series of 1995
• s
3y i 7,26.050 Review Procedure.
The review procedure for condominium conversions shall be in accordance with
the procedures for subdivisions as defined in this title. There shall not be permitted any
conversion of existing iodgesor accommodation units to condominiums.
4~ 17.26.075 Condominium Conversions.
~?~~, ~.iisant sag }c crt an~• as=Emmadatiae--~anl± i„~+h;r, +h~ T~,.,~, h.,~~
scrnp~,, ~~r~~ *h~aqu~rame~s-vt th~c c^~t'.~: There shall not be permitted any conversion of
a lodge or accommodation unit within the Town to a condominium, Any accommodation
unit within the Town which has been converted to a condominium or has received approval
for conversion prior to the effective date of this ordinance shall comply with the
requirements of this section. The requirements contained in this section shall not apply to
structures or buildings which contain two uni#s or less.
A. The requirements and restrictions herein contained shat! 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 th,e common
elements of the condominiums. Ail sums assessed against the owner for violation
of the owner's personal use restriction and unpaid shall constitute a lien for the
benefit of the condominium association on that owner's unit, which lien shall be
2
Drdinarsce Plo. 1, Series of 1945
- ~ ~ ~
evidenced by 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 condominium 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. fn 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 casts together with reasonable attorney's fee incurred.
3. The Town shall have the right to require from the condominium association an
annual report of owner's persona! use during the high seasons for all converted
condominium units.
l3. Any lodge located within the Town which has converted accommodation 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 shalt 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.
~'. 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. Conversion of accommodation units located within a lodge
pursuant to this section, shalt 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
3
Drdinance No. 1, Series of 1995
creating and governing any accommodation 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.
r'. °;ssedefs: Th Ef a ~ n •.:^it in a^ s~icti~--led~c .sh~.~
lrs alfsk~eds~san*. tE '.h~is+s^ r~~-`~f~=sss^. T#£ '~F1;~2~rt 8h~1{ pry *_ha
~~ecem~a~#+on to *.h^ Tawn sz •.hs }irae-cf a~+sn t~-ssn~•s-t a~Emmn~n+inn_iini~n
3minum er::;s:
1. P; csf dip;
~. °ite in f~e~• fsr ths-pFSwar*.}•-i~+Eating in dE;ail t`~E as*.uc,l l~s~tiea~sf sna,
~-crr•.isc s~ : irr~ '.hs 13~e;
?. A##tda{•it Efi s3^. ac ° ; sallot; {ter in s~~p~.r=~~h n s'~~e;
1. ~^'gn~t+en and~es£r'.~4efl-^f a!~c~~ls~ ~ni*.s•;
~. Plsn a~-impr~er~ae~ts-#~ibc made-ta-##c rr^~crt~-ale~~a ith sa~s~
5} 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 ordinance; and the Town Counci! hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fac# that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
6} 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.
7) The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall no# affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repea! of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
8} P-II bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent oniy of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
4
Ordinance No. 1, Series of 4995
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 17th day ofi January, 1995, and a public hearing shah be held on this
Ordinance on the 7th day of I"ebruary, 1995, at 7:30 p.m. in the Council Chambers of the Vaii
Municipal Building, Vail, Colorado.
CJ~
C.~~F,
-~ ;~'
Margaret'A. Osterfoss, Mayor
ATTEST:
Holly L. McCutchean, Town Clerk
READ ANp APPROVED ON SECOND READING AND ORDERED PUBLISHED
z-~ ~-E~_k' this 7th day of 1=ebruary, 1995.
L~
/ ~-
Marga`~et A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Cier~
C:10RD95.1
5
Orcfinance No. 1, Series of 1995
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