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HomeMy WebLinkAboutordinance.council.001-82 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. / (Series of 1982) AN ORDINANCE ADOPTING THE PRECISE PLAN FOR THE ASPEN MOUNTAIN PARK SPECIALLY PLANNED AREA WHEREAS, the property described in Exhibit "A" attached here- to and incorporated herein (hereinafter known as "the Property") is presently owned by the Aspen Mountain Park Partnership (herein- after known as "A.M.P.") and is designated on the Zoning District Map of the City of Aspen, Colorado, as SPA (Specially Planned Area), and WHEREAS, the designation of the Property as a specially planned area was a recognition by the City of its size and unique importance to the community as an area of employee housing and the designation was intended to allow for flexibility in the develop- ment of said property, and WHEREAS, A.M.P. has submitted an application to the City of Aspen which requests adoption by the City of a precise development plan for the Property, including the establishment of permitted and conditional uses, allowable densities and other matters per- taining to the zoning regulations for the land and structures located on the Property, and WHEREAS, it is the policy of the City of Aspen that the establishment of permitted and conditional uses and allowable den- sities and other matters pertaining to the zoning regulations for the land and structures located on the Property should not be granted absent the imposition of conditions which require that the development and use of the Property shall have no significant adverse impacts on the adjacent land owners, stream and air qual- ity, road congestion and wildlife, and shall be consistent with the adopted master plan and the general public interest, and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the Property constitutes one of the most significant concentrations of housing for the employees of the City of Aspen, and WHEREAS, the City of Aspen does wish to take steps necessary to preserve the Property as a location of housing for the employees of the City of Aspen and to provide a mechanism by which the existing residents of.the Property may purchase the land on which their houses reside, and WHEREAS, at a public hearing on July 28, 1981, the Aspen Planning and Zoning Commission did consider an application by A.M.P. for preliminary plat subdivision of the Property, including the approval of a precise plan for the Property, and WHEREAS, the preliminary plat did indicate that the Property would be divided into four parcels, with Parcel A, consisting of 9.144 acres being zoned MHP, Parcel B, consisting of 0.346 acres, being zoned R-15, Parcel C, consisting of 1.904 acres, being zoned MHP, and Parcel D, consisting of 0.41 acres, being disconnected from the City of Aspen as a gift deed to the County of Pitkin, and WHEREAS, in a resolution of the Aspen Planning and Zoning Commission approved on August 4, 1981, the Commission did approve the preliminary plat as the precise plan for the Property and did recommend that City Council adopt a final plat meeting the condi- tions of their preliminary plat approval, which plat shall be con- sidered the adopted precise development plan for the Property, and WHEREAS, the City Council does desire to accept the recom- mendations of the Planning Commission and adopt the Aspen Mountain Park final plat as the precise plan for the Property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: RECORD OF PROCEEDINGS 100 Leaves Section 1 The precise development plan for this specially planned area is hereby adopted, with said adoption being limited to permitted and conditional uses, allowable densities, and other matters per- taining to the zoning regulations, all in conformity with this ordinance, with the reservation of all other planning and zoning matters which contribute to the development and use of the Pro- perty as a whole to separate consideration and approval as part of final subdivision approval. The final subdivision plat and agree- ment are attached hereto and incorporated herein as Exhibit "B". Section 2 The permitted and conditional uses and allowable densities for the Property shall be as follows: 1. Parcel A shall be subject to the use and density regula- tions of the MHP zone district as described in Chapter 24 of the Aspen Municipal Code (as now exists or may hereafter be amended). 2. Parcel B shall be subject to the use and density regula- tions of the R-15 zone district as described in Chapter 24 of the Aspen Municipal Code (as now exists or may hereafter be amended). 3. Parcel C shall be subject to the use and density regula- tions of the MHP zone district as described in Chapter 24 of the Aspen Municipal Code (as now exists or may hereafter be amended). 4. Parcel D shall be subject to the use and density regula- tions of the County of Pitkin, Colorado. Section 3 Any features of Parcel A which remain nonconforming as to the zoning and mobile home regulations of the Aspen Municipal Code after the completion of the activities and improvements contem- plated under the auspices of the final subdivision plat and agree- ment shall be eliminated at such time and form provided by the 3 RECORD OF PROCEEDINGS 100 Leaves abatement schedule, attached hereto and incorporated herein as Exhibit "C", provided, however, that any features of Parcel A which cannot be reasonably abated due to the already developed nature of the parcel may remain as nonconforming. Section 4 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5 ~ A public hearing on the ordinance shall be held on the day of , 19 2, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the ~ day of /~~~ , 1982. ~T~EST: h, City Clerk FINALLY adopted, passed and approved on the =~ day of ///~~ , 1982. aTTEST: ~~och, City Clerk 4 RECORD OF PROCEEDINGS 100 Leaves ATTES~. ~j ~ ~City Clerk FINALLY adopted, passed and approved on the~ day of  , 1982. ~, City Clerk ~' EXHIBIT C ABATEMENT SCHEDULE THIS AGREEMENT, made this day of , 1982, by and between THE CITY OF ASPEN, a Municipal corporation, (hereinafter referred to as the "City"), and THE SMUGGLER MOBILE HO~-~ O~ERS' ASSOCIATION, a Colorado cooperative, (hereinafter referred to as the "Association"). WI TNE S SETH WHEREAS, the Association zs about to acquire certain real property located in the City of Aspen, which property is known as Smuggler Mobile Home Park (hereinafter the "Park"), and WHEREAS, there exists at the Park certain structures and improvements which are non-conforming with the City's zoning for mobile home parks, and WHEREAS, the City and the Association are mutually desirous of entering into an agreement concernzng the abatement of those non-conforming improvements as a part of the Precise Plan and Subdivision Agreement for Smuggler Mobile Home Park, NOW, THEREFORE, for the promises contained herein, it is mutually agreed as follows: I. NON-CONFO~/~ING IMPROVEMENTS: Non-conforming improve- ments located within the Park, in the following respective ~ categorzes, shall be abated as follows: A) Any mobile home that encroaches in a significant amount on the private rights of way, to be shown on the Improvement Survey for Smuggler Mobile Home Park, which shall be attached hereto as an exhibit when completed, shall be relocated so as to no longer encroach on those rights of way, within two (2) years from the date of the sale of the Park to the Association. B) Any mobile home which encroaches in an insigni- ficant manner upon any of the private rights of way shall be moved at such time as the owner thereof replaces a mobile home on that space, a variance from the present provisions of the Municipal Code. C) Any outbuilding or other improvement that encroaches upon any private rights of way or on the adjacent mobile home space, shall be moved within two (2) years from the above-described date. D) Any outbuilding or improvements that are located too close to any mobile home located on an adjacent lot, shall be relocated within two (2) years from the above- described date. E) Any outbuilding or improvement that is located too close to its own mobile home shall be removed or brought into compliance with the fire standards stated in the Uniform Building Code, within five (5) years from the above-described date. F) Any addition to a mobile home, other than a deck, shall be brought into compliance with the Uniform Building Code, within two (2) years from the above-described date. G) Any deck which is to close to any adjacent mobile home shall be removed and/or relocated so as to correct its non-conformity within five (5) years from the above-described date. II. OPTIONS OF THE BOARD: The Board of Directors of the Association and the Architectural Control Committee thereof, shall have the option, at their discretion, to require any correction -2- of any situation which is in violation of any provisions of the Municipal Code for the City of Aspen, on any space within the Park, at such time as any owner or occupant applies for any approval for any type of construction on the mobile home space, or if the Board of Dirsctors deems that the situation should be corrected when the Association is constructing or relocating improvemen~Swithi~the Park. III. ENFORCEMENT: After the respective time periods have elapsed as discussed herein, the City of Aspen shall have the right, by injunctive means or otherwise, to require the non- conformity to be corrected on any particular mobile home space if the same has not been corrected in accordance with the time table as discussed herein. IV. COOPERATION: The Association and the City agree to cooperate in the amendment of the Municipal Code of the City of Aspen in order to conform that Code to the actual physical nature of the Park. Vt NOTICES: Ail notices, demands or communications hereunder shall be served or given to the respective parties at their respective addresses set forth below, or as other- wise designated in the manner set forth herein. Any notice, demand or communication shall be given by personal service, or certified mail, return receipt requested, and unless sooner, received days from the date of certification. The addresses for the parties are as follows: ASSOCIATION: Smuggler ~lobile Home Owners' Association Post Office Box 606 Aspen, Colorado 81612 CITY: The City of Aspen c/o 130 South Galena Street Aspen, Colorado 81611 -3- Vt. ATTORNEYS' FEES: Should either party be required to resort to legal or equitable process for the enforcement of any of the provisions of this Agreement, the prevailing party shall be entitled to collect from the other party all of its reasonable expenses and court costs, including its reasonable attorneys' fees. VII. BINDING EFFECT: Except as herein otherwise specified this Agreement shall inure to the benefit of the parties and shall be binding upon the heirs, executors, administrators and assigns of the parties hereto. VIII. WAIVER: Failure to enforce any term or condition of this Agreement shall not be deemed a waiver of that term or condition for the future, nor shall any specific waiver of such a term or condition at one time be deemed a waiver of such term or condition for the future. IX. AMENDMENTS: This Agreement may be modified only by written agreement siqned by both of the parties hereto. X. ASSIGNmeNT: This Agreement shall not be asslgnable, in whole or in part, without the written consent of the other party hereto, which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. SMUGGLER MOBILE HOME OWNERS' ASSOCIATION BY: Attest: President ' Secretary THE CITY OF ASPEN BY: Attest: Herman Edel, Mayer Kathryn Koch, City Clerk