Chapter 17.55
CONDOMINIUMS, TOWNHOUSES AND COOPERATIVES
Sections:
17.55.010 Purpose and applicability.
17.55.020 Submittal materials.
17.55.040 Additional materials to be submitted for condominium conversions.
17.55.050 Materials to be submitted for minor condominium conversions.
17.55.060 Improvement security.
17.55.070 Condominium and minor condominium conversions – As-built map preparation.
17.55.010 Purpose and applicability.
This chapter has been prepared in accordance with the provision of the Local Government Land Use Control Enabling Act of 1974, as found in Section 29-20-104, C.R.S., to regulate certain developments which may result in significant changes to the population of the town and to control the impact thereof on the town and the surrounding areas. The town finds that this chapter is necessary for the protection of the public health, safety and welfare to ensure the performance of maintenance responsibilities in condominiums and to promote the public health, safety and welfare.
This chapter shall be applicable to condominium, townhouse and cooperative projects that are commenced or converted after the effective date of the ordinance codified in this chapter. [Ord. 719 § 2, 2008. Code 1999 § 17-4-1].
17.55.020 Submittal materials.
(a) Sketch Plan. An applicant for approval of a cooperative, townhouse or condominium project is encouraged to submit a sketch plan prior to submission of a preliminary plat or, in the case of a minor condominium conversion, prior to submission of a final plat.
As used in this section, a “sketch plan” shall refer to a freehand, to-scale drawing of the proposed subdivision depicting topography of the land to be developed, the proposed street system with the approximate right-of-way width, the block and lot pattern with approximate lot areas noted, and the location of utilities and existing development on the subject and adjacent land. In the case of a minor condominium conversion, the term “sketch plan” shall refer to a freehand, to-scale drawing of the proposed condominium project depicting the existing building or buildings, with the condominium units noted, the existing streets and the location of utilities.
(b) Preliminary Condominium Plat. All proposed cooperative, town house or condominium projects (excluding minor condominium conversions) shall submit the preliminary condominium plat, containing the information and requirements specified in GMC 17.20.030 as may be applicable to the proposed project. In addition to that information, the preliminary condominium plat shall include the following items in preliminary form:
(1) A map showing all general common areas, limited common areas, units, easements and uses of the building grounds, and plans for the interior division of the building showing horizontal and vertical boundaries of all units.
(2) A draft copy of the proposed declaration and organizational documents of the homeowners’ association which contain the information required by the Colorado Common Interest Ownership Act (CCIOA) declaration. The declaration shall include any proposed restrictive covenants, conditions or restrictions.
(3) A draft copy of the bylaws which contain the information required by CCIOA.
(4) In addition, the applicant shall provide the following data in preliminary form for review by the commission:
(i) The size of each unit;
(ii) Existing and proposed off-street parking areas;
(iii) Existing and proposed landscaping;
(iv) Existing and proposed facilities, including all buildings and structures;
(v) Plans for ingress and egress; and
(vi) Such other information as may be requested by the commission.
(c) Final Plat Requirements. The final plat shall contain all information required by GMC 17.20.040. In addition, the applicant shall submit the following:
(1) All items set forth in subsection (b) of this section, but in final form;
(2) The final form of the declaration and organization documents of the homeowners’ association shall include a summary of changes made in those documents following submission of the preliminary plat; and
(3) Such other information as the commission or the board may request. [Ord. 719 § 2, 2008. Code 1999 § 17-4-2].
17.55.030 Review procedures.
The review procedure shall be as specified in the this title. [Ord. 719 § 2, 2008. Code 1999 § 17-4-3].
17.55.040 Additional materials to be submitted for condominium conversions.
(a) Sketch Plan. No materials other than those listed in GMC 17.55.020(a) need be submitted.
(b) Preliminary Subdivision Plat. In addition to the materials listed in GMC 17.55.020(b), the applicant shall provide:
(1) A proposed condominium agreement with the town setting forth the following:
(i) Notice procedures for granting existing tenants not less than 90 days’ written notice of intent to condominiumize, which notice shall specify the sale price of the particular unit.
(ii) A provision whereby each tenant shall have a 90-day non-assignable option to purchase their unit at the specified sale price, which price shall not be varied by more than 10 percent for a period of six months after recordation of the plat.
(2) A written description of the impact condominiumization will have on the supply of low- and moderate-income housing and rental space.
(3) A statement of whether or not the applicant intends to make special provisions for the elderly or low-income citizens now residing within the structure proposed for condominiumization.
(4) In addition to the public notice requirements of GMC 17.20.030(d), all tenants of a building proposed for condominiumization shall be sent notices at least 15 days prior to the public hearing on the preliminary plat.
(c) Final Plat.
(1) The final plat shall comply with all applicable requirements of GMC 17.55.020(c).
(2) Applicant shall provide a list of all tenants who occupied, rented or resided in units of the structure being considered for condominiumization on the date the application to condominiumize the structure was submitted to the town and had so occupied, rented or resided for at least 30 days prior to said date.
(3) In addition to the public notice requirement of GMC 17.20.030(d), all tenants of a building proposed for condominiumization shall be sent notices at least 15 days prior to the meeting at which the final plat will be heard.
(4) The applicant shall obtain and provide to the town a code compliance report from the town building department indicating compliance with all design, building, fireproofing, soundproofing and utility standards of the town.
(5) If not already in compliance, applicant shall provide building plans indicating how and when the developer will attain compliance with all design, building, fireproofing, soundproofing and utility standards of the town.
(6) Applicant shall provide an estimate of the annual budget of the homeowners’ association for a period of two years from the conversion or creation of the condominium units.
(7) Applicant shall provide certification of whether or not the appropriate subdivision fee for school impacts, water quality or park fee were previously paid to the town or East Grand School District when the parcel was originally subdivided.
(8) Applicant shall provide certification from the town of Granby zoning official that all off-street parking areas and drainage requirements have been met pursuant to the this code. [Amended during 2011 recodification; Ord. 719 § 2, 2008. Code 1999 § 17-4-4].
17.55.050 Materials to be submitted for minor condominium conversions.
(a) Data to Be Submitted. The data to be submitted for a minor condominium conversion shall comply with the requirements of GMC 17.40.010(b)(1), (3), and (4).
(1) Minor condominium conversions shall be processed as a minor subdivision.
(2) Sketch Plan. No materials other than those listed in GMC 17.55.020(a) need be submitted.
(3) Final Plat. The provisions of GMC 17.20.040 shall apply to final plats for minor condominium conversions to the same extent as they apply to minor condominiums pursuant to GMC 17.40.010. In addition, the final plat for a minor condominium conversion shall include:
(i) A map showing all general common areas, limited common areas, driveways and off-street parking, landscaping, units, easements and usages of the building and grounds, and plans for the interior division of the building showing horizontal and vertical boundaries and sizes of all units.
(ii) A draft copy of the proposed declaration and organizational documents of the owners association which contain the information required by the Colorado Common Interest Ownership Act (CCIOA). The declaration shall include any proposed restrictive covenants, conditions or restrictions.
(iii) A draft copy of the bylaws which contained the information required by CCIOA.
(iv) A proposed condominium agreement with the town setting forth the following:
(A) Notice procedures for granting existing tenants not less than 90 days’ written notice of intent to condominiumize, which notice shall specify the sale price of the particular unit.
(B) A provision whereby each tenant shall have a 90-day non-assignable option to purchase their unit at the specified sale price, which price shall not be varied by more than 10 percent for a period of six months after recordation of the plat.
(C) A written description of the impact condominiumization will have on the supply of low- and moderate-income housing and rental space.
(D) A statement of whether or not the applicant intends to make special provisions for the elderly or low-income citizens now residing within the structure proposed for condominiumization.
(E) All items shall be in final form for submittal to the board, incorporating all of the requirements made by the commission and including a summary of changes made subsequent to submission and review by the commission.
(F) Applicant shall provide a list of all tenants who occupied, rented or resided in units of the structure being considered for minor condominium conversion on the date of the application to convert the structure was submitted to the town and had so occupied, rented or resided for at least 30 days prior to said date. All tenants of a building proposed for minor condominium conversion shall be sent notices at least 15 days prior to the meeting at which the final plat is considered by the commission.
(v) The applicant shall obtain and provide to the town a code compliance report from the town building department indicating compliance with all design, building fireproofing, soundproofing and utility standards of the county or town.
(vi) If not already in compliance, applicant shall provide building plans indicating how and when the developer will attain compliance with all design, building, fireproofing, soundproofing and utility standards of the town.
(vii) Applicant shall provide certification of whether or not the appropriate condominium fee for school impacts, water quality or park fee were previously paid to the town or East Grand School District when the parcel was originally subdivided.
(viii) Applicant shall provide certification from the town of Granby zoning official that all off-street parking areas and drainage requirements have been met pursuant to the town of Granby Code.
(ix) Such other information as may be requested by the commission or the board. [Ord. 719 § 2, 2008. Code 1999 § 17-4-5].
17.55.060 Improvement security.
(a) The commission and the board may require security to be posted by the applicant which shall consist of one or more arrangements which the board shall accept to secure the actual cost of construction of such on- and off-site public improvements as are required by the ordinances of the town. The improvement security may include any one or a combination of the type of security or collateral listed in this paragraph, and the applicant may substitute security acceptable to the town in order to release portions of the project for sale. The types of collateral which may be used as security are as follows:
(1) Restrictions on the conveyances, sale or transfer of any unit within the project as set forth on the final plat or on a separate recorded document;
(2) Performance or property bond;
(3) Private or public escrow agreement;
(4) Loan commitment;
(5) Assignment of receivables;
(6) Liens on property;
(7) Letters of credit;
(8) Deposits of security funds; and
(9) Other similar surety agreements.
The type of security used in connection with any application shall be subject to approval by the board.
(b) Security other than sale restrictions required under the improvement security shall equal in value the cost of the improvements to be completed plus 15 percent. The amount of security may be incrementally reduced as subdivision or condominium improvements are completed. [Amended during 2011 recodification; Ord. 719 § 2, 2008. Code 1999 § 17-4-6].
17.55.070 Condominium and minor condominium conversions – As‑built map preparation.
(a) In the case of a condominium and minor condominium conversions, after the final plat has been approved and prior to the transfer of any unit, the developer of the condominium shall prepare a map which shows graphically and dimensionally the subdivision of buildings into volumetric spaces and the relationship of these spaces with the boundaries of the site and other appurtenances on the site. The condominium map shall be submitted to the town and compared with the original subdivision plat. When the town is satisfied that the proper dedications have been made, that all owners and interest holders and the registered land surveyors have properly certified their approvals, and that all of the requirements of this chapter are met, he shall so certify to the commission and the mayor who shall so certify on behalf of the town. The town shall then have the condominium map along with appropriate documents recorded with the applicant paying all costs of recording. The as-built condominium map shall be drawn to the same specification as the final plat and shall show:
(1) The name of the condominium project and the general location;
(2) The boundaries of the site and the description and position of the monuments marking the boundaries;
(3) The origin of the vertical datum plane and the benchmarks on the site, together with relative elevations tied to sea level elevations which logically mark the datum plane;
(4) The horizontal positions of each condominium element on the surface of the site;
(5) Sufficient plan and section drawings to completely define the positions of those various volumetric spaces within the inside walls and roof which are referred to in the declaration;
(6) The numerical designation of the individual units which will be specifically referred to in deeds to the owners of the condominium;
(7) The identification of all areas on the site as general common elements, limited common elements, the units themselves, or other reserved areas.
(b) The as-built map shall also include:
(1) Notes containing any peculiarities;
(2) Legal descriptions of the site and/or descriptions of portions of the site;
(3) The location of all utilities (i.e., service lines, feeder lines and mains) as constructed within the site.
(c) At the time the as-built map is delivered to the town the applicant shall also provide:
(1) A complete list of all incomplete elements of the structure and property as required by town of Granby Code including but not limited to parking, landscaping and building code requirements particularly in the case of condominium conversions.
(2) An engineer’s or qualified contractor’s estimate of the cost of completing all incomplete elements. [Ord. 719 § 2, 2008. Code 1999 § 17‑4‑7].