6-412 Condominium Subdivision and Conversion

Section 6-412 Condominium Subdivision and Conversion

6-412.A. Purpose. The purpose of this section is to provide review processes to ensure that the creation or conversion of condominium subdivisions will comply with the Uniform Building Code as amended by the Town of Telluride and other provisions of this Title.

6-412.B. Definitions. As used in this section the following terms shall mean as follows unless the context in which a term appears otherwise requires:

6-412.B.1. Common interest community. Real estate described in a declaration with respect to which a person, by virtue of such person’s ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. “Ownership” does not include a leasehold interest of less than forty years, including renewal options, as measured from the commencement date of the initial term.

6-412.B.2. Condominium. A common interest community in which portions of the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions.

6-412.B.3. Cooperative. A common interest community in which the real property is owned by an association, each member of which is entitled by virtue of such member’s ownership interest in the association an exclusive possession of a unit

6-412.B.4. Planned community. A common interest community that is not a condominium or cooperative.

6-412.B.5. Map. A printed instrument depicting all or a portion of a common interest community in three dimensions. A map and a plat may be combined in one instrument.

6-412.B.6. Plat. A printed instrument that is a land survey depicting all or a portion of a common interest community in two dimensions. A plat and map may be combined in one instrument.

6-412.C.1. The procedure and standards for review and approval of a condominium subdivision shall be the same as that specified for other subdivisions within this Division. The applicable review procedures and requirements shall be determined by whether the condominium is a large scale, small scale or minor subdivision as defined in Section 6-402 of this Division.

6-412.C.2. Condominium conversion shall be reviewed as a minor subdivision regardless of the number of units or size of the parcel proposed for conversion.

6-412.C.3. Any subsequent change in the approved use(s) for a condominium subdivision shall be subject to the same review procedures as would be applied for a new condominium subdivision. Subsequent changes in approved use(s) automatically require reapproval pursuant to the provisions of this Division.

6-412.C.4. Notwithstanding anything in this Title to the contrary, no requirement for public improvements, dedication of land to public use, or other subdivision requirement shall be imposed as a condition of approval for a condominium subdivision or common interest community which would not be imposed upon a physically-identical development under a different form of ownership. This provision shall not be construed to prevent the Town from imposing the review requirements of this Title upon any change of use, expansion of use, increase in intensity of use, or other change in a condominium or common interest community unrelated to its form of ownership.

6-412.D.1. The information to be submitted for condominium subdivision review shall be as follows:

a. The minimum application contents for all applications specified in Section 5-202.C of this Title.

b. five (5) copies of a preliminary condominium plat/map showing:

(1) Exact name of condominium subdivision;

(2) Written and graphic scale, north arrow and date of preparation;

(3) Location of the condominium subdivision by reference to streets, lots and blocks;

(4) Lot lines and property lines to the hundredth foot (1/100');

(5) Zoning and existing densities on adjacent properties;

(6) Required parking spaces and joint trash collection areas;

(7) Floor plans, elevations and site plan as required to show separate ownership of all separate units, common elements and limited common elements labeled as such and numbered for ease of identification. All dimensions shall be to the nearest hundredth foot (1/100');

(8) Number, type and floor area of units, common elements and limited elements, delineated in square feet and fractions thereof; proposed use for each unit; land area; percentage of open space; and floor area ratio;

(9) Statement of the total number of units shown on the proposed plat;

(10) Traffic mitigation plan, if required, must be submitted at the discretion of the Planning Director; and

(11) Land surveyor’s certificate signed by a land surveyor registered by the State of Colorado.

6-412.D.2. In addition to the statements specified under Section 6-407.C, the following statements shall be required on the final condominium plat and shall be worded substantially as follows:

a. Heading. The heading of the final condominium plat shall include the complete name of the condominium subdivision, the land sections, township, range, principal meridian, “Town of Telluride, San Miguel County, Colorado”. Also, where applicable, the United States mineral claim name, number and mining district shall be shown.

I, (printed name of Land Surveyor) being a Registered Land Surveyor in the State of Colorado, do hereby certify that this plat and survey of (NAME OF CONDOMINIUM SUBDIVISION IN CAPITAL LETTERS) was made by me and under my supervision and that both are accurate to the best of my knowledge. I further certify that monuments and markers were set as required by the Town of Telluride Subdivision Ordinance and Articles 50 and 51 of Title 38, C.R.S.

Dated this ____ day of ______________, A.D., 20___.

(Signature) ______________________________________

Colorado Registration Number ___________ (SEAL)

This condominium map for (NAME OF CONDOMINIUM SUBDIVISION IN CAPITAL LETTERS) is hereby approved as conforming to all applicable laws of the Town of Telluride, Colorado.
________________________ Chairperson Planning and Zoning Commission	Date ______________
_________________________ Building Official	Date ______________
_________________________ Planning Director	Date ______________

I certify that according to the records in the San Miguel County Treasurer’s office, there are no liens against the property included in the subdivision, or any part thereof, for unpaid state, county or municipal ad valorem taxes or special assessments certified to the County Treasurer for collection.

_______________________________

County Treasurer

__________

Date

e. In addition to the foregoing requirements, submittal requirements for Hotel-condominium conversions shall include any documents necessary as determined by the Planning Director to ensure the requirements of Section 6-412.G and Section 6-412.H. are met, including but not limited to, condominium declarations, deed-restrictions, operating and development agreements.

6-412.E.1. Prior to recording a declaration which would convert an existing multi unit development to condominium units, the owner of such property shall meet with the Town Building Official regarding the proposed conversion and shall demonstrate that the following provisions have been met.

a. The structure subject to the proposed condominium conversion shall meet current off street parking requirements for the underlying zone district found in Article 3, Division 2. Each residential condominium unit shall be considered a separate dwelling unit for purposes of determining parking compliance.

b. A minimum one (1) hour fire wall may be required between units as a condition of Town approval of any condominium plat involving a condominium conversion.

c. Owners of properties proposed for condominium conversion shall notify all residential tenants in writing of the conversion at least ninety (90) days prior to termination of any residential tenancy in accordance with C.R.S. 38-33-112, as amended. Copies of the notification shall be filed with the Town Clerk as proof of notification.

6-412.F.1. Condominium subdivisions shall comply with the review standards applied to other subdivisions as specified in Section 6-408 of this Division.

6-412.F.2. Condominium subdivisions shall comply with the following supplemental review standards:

a. the density of the development as proposed for condominiumization shall not be greater than the maximum density as allowed by the underlying zone district; and

b. the traffic impacts of the proposed condominium subdivision shall be evaluated and any impacts to the neighborhood must be mitigated. A traffic mitigation plan must be submitted and approved by the Planning Director prior to approval of the condominium subdivision.

6-412.G.1. Any application for the conversion of an existing hotel into a condominium, or the creation of a new condominium-hotel project shall be required to meet the requirements of this section concurrent with the Town’s evaluation of the condominium map.

6-412.G.2. Each condominium-hotel room shall be incorporated in a condominium-hotel project by the creation of a condominium and each condominium-hotel unit and the condominium-hotel project will meet the following conditions, restrictions and requirements, which shall be set forth in the condominium’s declaration with enforcement power granted to the Town:

a. The condominium-hotel project shall include the following on-site physical or operational features or components: a ground floor lobby or lounge area with an onsite registration station, which shall include night-call availability, guest services and housekeeping services. The condominium-hotel project may also have a lounge, dining and bar area, food and beverage room service and concierge services.

b. One professional property management company (“Property Management Company”), selected by the developer prior to or during the sales of the condominium-hotel units and then by the condominium owners association, thereafter, and formed in accordance with the condominium documents, shall be retained to manage the condominium hotel-project. Priority shall be given by the developer, and then the condominium owners association thereafter, to retain a Property Management Company experienced in managing and marketing smaller, service-intensive lodging properties located in resort settings. The Property Management Company may be changed from time-to-time as desired by the homeowners association.

c. The Property Management Company shall be responsible for the implementation, management and operation of the condominium-hotel project, including the marketing of each of the condominium-hotel units (“Management and Marketing Program”). The Management and Marketing Program is intended to manage, market and promote the condominium-hotel project and the use and occupancy of the condominium-hotel units in the condominium-hotel project as accommodation styled rooms. The Management and Marketing Program is further intended to provide for the use and rentals of all condominium-hotel units, which are required to be made available to the general public as hotel-type lodging units, except when the condominium-hotel units are occupied by an owner as allowed by this section of the LUC.

d. The condominium owners association shall cause the Property Management Company to provide a written report to the Town Planning Department annually in September, addressing each of the following matters:

(1) Evidence that the condominium-hotel units in the Condominium-Hotel Project are available for the use and rental to the general public as hotel accommodation styled units, except when such units are occupied by an owner as allowed by this section of the LUC.

(2) Evidence of the occupancy statistics of the condominium-hotel units, including but not limited to room nights, duration of stays and other relevant occupancy statistics commonly used in the lodging industry.

(3) Evidence that the occupancy level is consistent with similar type units in the Town of Telluride, based upon information that is made available by the Town of Telluride and/or information provided by local visitor/guest service bodies or entities.

(4) Evidence that every condominium-hotel room is available for occupancy in accordance with Section 6-412.G.2.e.

e. Each condominium-hotel units in the condominium-hotel project must be included in the Management and Marketing Program and managed by the Property Management Company. A separate unit management agreement for each unit must be executed at the time of closing on a condominium-hotel unit, consistent with this section of the LUC, the condominium documents and the management contract. When not in use by the owner of a condominium-hotel unit, each condominium-hotel unit must be included in and available for rental occupancy and accommodations by guests.

f. With respect to each condominium-hotel unit, the restrictions set forth in this section shall be reflected in a separate deed restriction for each condominium-hotel unit so that the owner of each unit is affirmatively stating that their unit(s) will be available to paying guests when not in use by the owner, in accordance with this requirement.

g. The Property Management Company and not the individual owners of a condominium-hotel unit, will establish maximum room rental rates and yield manage the inventory, other than during owner’s allowed usage periods.

h. Parking spaces in the condominium-hotel project shall be designated as common elements and shall be allocated and made available for use only by such persons then using the condominium-hotel units or an employee of the condominium-hotel project. An owner of a condominium-hotel unit shall not be allowed to park or store a vehicle in a parking space during times that the owner is not occupying their condominium-hotel unit.

i. A condominium-hotel project may retain the prior pattern of separate hotel rooms, or divide such into suites connected by doors, but will not consist of suites that contain more than five rooms.

j. The maximum size of a condominium-hotel room is 600 sq. ft. unless it can be proven that such unit was bigger prior to the adoption of these regulations (March 14, 2006), in which case, the room size is grand-fathered.

k. Alteration or elimination of any walls shown on the condominium map, or changes to the individual rooms that eliminate the number of beds approved by the Town are prohibited unless such changes are reviewed and approved by the Town in accordance with these regulations, and provided that such change will not reduce the number of beds available in the condominium-hotel project.

l. If one of the condominium-hotel rooms in a suite is not furnished with a bed for sleeping, such a room shall have a sleeper sofa to enable individual use of the room as a condominium-hotel room.

m. For conversions of hotels into condominiums, each of the original hotel rooms shall be accessible from the common hallways, requiring that such units shall have their own room number and a separate locking system than the other condo-hotel rooms in a suite.

n. No structural changes shall be made to the exterior or the interior of the Condominium-Hotel Project unless otherwise approved in accordance with the provisions of the LUC.

o. The condominiums documents and other documents as required by this section shall be drafted to address the requirements of this section to the satisfaction of the Town.

p. The condominium-hotel units shall be designed and constructed to meet the then in effect building codes and fire codes.

q. The condominium-hotel units shall not be the primary residence of the owner.

r. The total counter, appliance and island area of a kitchen shall not exceed 45 sq. ft.

s. The owner shall provide lead-time on notice of occupancy; with February 28th the deadline for providing intended summer occupancy dates, and September 30 for winter occupancy dates. The owner may use the condominium-hotel unit at other times without any lead-time notice if the unit is not reserved for lodging purposes.

6-412.H. Criteria for Conversions of Hotels into a Condominium Hotel Project. The conversion of a hotel into a condominium-hotel project shall meet the following criteria:

6-412.H.1. The proposed conversion is consistent with the requirements of Section 6-412.G.

6-412.H.2. If the conversion of a hotel into a condominium is located in a PUD, and the developer gained certain benefits for the creation of a hotel, then such benefits granted to the developer that will potentially be lost shall be offset by the provision of alternative public benefits.

6-412.H.3. Whenever the PUD for a hotel is amended to allow changes to the structure, or use, the reviewing body shall impose such conditions of approval as deemed necessary to insure that the nature of the occupancy or use will not change.

6-412.H.4. If the conversion of a hotel into a condominium is located in a PUD, and a PUD modification is required to allow such a change, the PUD modification criteria and requirements have been satisfied.