HomeMy WebLinkAboutcoa.lu.ca.Mobilehome Park Smuggler.A026-01— Mobile Home Park A026-01
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A026-01
Mobile Home Park Zone District Code Amendment
Steve Clav/Sarah Oates
Code Amendment
Smuaaler Home Owners Association
10/9/01
Ord. 39-2001
ADDroved
10/10/01
S. Oates
t
PARCEL ID: - DATE RCVD: 3/22/01' # COPIES:1
1 CASE NAME: Mobile Home Park Zone District Code Amendment
PROJ ADDR: (CASE TYP: Code Amendment
REPA ADR:j
FEES DUEl 1200 D
REFERRALS
REFF-
MTG DATE REV
2 C/S/Z: Aspen/CC
C/S/Z:
FEES RCVD: 1200
CASE NO A026-01
STEPS:
PHN: 925-9034
,PHN:
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L
i I I DATE OF FINAL ACTION:
REMARKS CITY COUNCIL: u�
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CLOSED: !C/l j BY:
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MEMORANDUM
To: Mayor and City Council
THRU: Julie Ann Woods, Community Development Director-3�
Joyce Ohlson, Deputy Director
FROM: Sarah Oates, City Zoning Officers a
RE: Change in Residential Mobile Home Park (MHP) Zone District Title
Amending Section 26.710.120 — Code Amendment. Public Hearing Ordinance
No , Series of 2001
2"D ADING
DATE: October 9, 2001
APPLICANT:
Smuggler Homeowners Association
REPRESENTATIVE:
Mark P. Hesselschwerdt
ADDRESS:
Smuggler Mobile Home Park
P.O. Box 2522
Aspen, CO 81612
ZONING:
Residential Mobile Home Park (MHP)
CURRENT LAND USE:
Single Family Residential Mobile
Home Park
PROPOSED LAND USE:
Single Family Residential
Process:
SUMMARY:
The Board of Directors for the Smuggler
Homeowners Association represents the Smuggler
Park Subdivision and requests that the title of the
Residential Mobile Home Park (MHP) Zone
District in the Land Use Code and on the Official
Zone District Map be changed to exclude the
words "Mobile Home Park," renaming the zone
district High Density Residential (R-3). The
applicant states that the title, Mobile Home Park, is
causing difficulty in the refinancing of homes
located in the Smuggler Mobile Home Park.
Owners are finding it difficult to borrow large
amounts of money for a mobile home and for a
small lot in Aspen. The applicants feel that the
name of the zone district itself serves as an
impediment.
Staff would like to note that this is a
title change and not a change in the
district development standards.
Amendment to the Land Use Code and Official Zone District Map
➢ To determine if the application meets the standards for an amendment to the code
text or official zone district map
➢ Planning Commission makes a recommendation to City Council
r
so
Review
In reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
➢ Staff Finding:
o The changes regarding the proposed zone district title
amendment would be made throughout Title 26. In that the
development standards are not proposed for amendment, no
conflict is created in that regard.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
➢ Sta_ff Finding:
o The change in title would not be inconsistent with the
elements of the Aspen Area Community Plan. Mobile home
parks would still be an allowable residential use within the R-
3 district.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
➢ Staff Finding:
o The proposed amendment is compatible with the surrounding
zone districts and land uses, and will not change the
characteristics of the neighborhood. The land use pattern will
not change, as the specific dimensional standards for the zone
district will not be affected.
D. The effect of the proposed amendment on traffic generation and road safety.
➢ Staff Finding:
o There will be no effect or negative impacts of this proposed
amendment on traffic generation and road safety.
E. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
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➢ Staff Finding:
o This is only a title change and has nothing to do with any type
of development regarding public facilities and will not change
any district standards.
F Whether the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
➢ Staff Finding:
o The title change will not affect the district standards. The
standard remains the same and continues to have no impacts
on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
➢ Staff Finding:
o Considering this is only a change of the title to the mobile
home park, it will continue to remain consistent and
compatible with the community character in the City of Aspen.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
➢ Staff Finding:
o There are not changes in the condition of the parcel or
neighborhood.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
➢ Staff Finding:
o The purpose and intent of this amendment continues to
remain consistent with the original intent of the Residential
Mobile Home Park (MHP) Zone District and therefore
continues to remain consistent with this Title.
Staff has amended all the sections in the Aspen Land Use Code Title 26 that referenced
the Residential Mobile Home Park (MHP) Zone District. The sections are stated
below with the old language having a "strike out" through it and the new language
documented in italics, as follows.
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Section 26.104.100 Definitions
Original text:
Mobile Home Park. A parcel or area of land
P4r-k3 upon which two or more mobile homes, occupied or intended to be occupied for
a dwelling, are located for any period of time, regardless of whether or not a change is
made for such accommodations, and whether or not the mobile homes and/or land are
owned by the occupants.
New text:
Mobile home park. A parcel or area of land upon which two or more mobile
homes, occupied or intended to be occupied for a dwelling, are located for any
period of time, regardless of whether or not a change is made for such
accommodations, and whether or not the mobile homes and/or land are owned by
the occupants.
26.710.120 Zone Districts
Original text:
26.710.120 i7emn Park (MI4P4
New text:
26.710.120 High Density Residential (R-3)
26.710.120(A)
Original text:
A. Purpose. The purpose of the zone
district is to provide for the use of land to locate manufactured housing for intensive
long-term residential purposes, with customary accessory uses and less intensive office
uses. Recreational and institutional uses customarily found in proximity to residential
uses are included as conditional uses. The zone
district shall be located in areas where the effect on surrounding property shall be
minimized, where the health, safety and general welfare of Residential Mobile Home
ParvP) zone district residents and others will be protected and where the
topography is suitable for the permitted uses and conditional uses allowed in the
Rer,idential Mobile 1-4-a--me Park 04UP4 zone district.
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26.710.120(A)
New text:
A. Purpose. The purpose of the High Density Residential (R-3) zone district is to
provide for the use of land to locate manufactured housing for intensive long-term
residential purposes, with customary accessory uses and less intensive office uses.
Recreational and institutional uses customarily found in proximity to residential uses
are included as conditional uses. The High Density Residential (R-3) zone district shall
be located in areas where the effect on surrounding property shall be minimized, where
the health, safety and general welfare of High Density Residential (R-3) zone district
residents and others will be protected and where the topography is suitable for the
permitted uses and conditional uses allowed in the High Density Residential (R-3)
zone district.
26.710.120 (B)
Original text:
B. Permitted uses. The following uses are permitted as of right in the
I�Aebfle Nome Park (MUP4 zone district:
New text:
B. Permitted uses. The following uses are permitted as of right in the High
Density Residential (R-3) zone district:
26.710.120 (C)
Original text:
C. Conditional uses. The following uses are permitted as conditional uses in the
uuo;�n„t;ol Adn-b-ile Home Pork (A run) zone district, subject to the standards and
procedures established in Chapter 26.425:
New text:
C. Conditional uses. The following uses are permitted as conditional uses in the
High Density Residential (R-3) zone district, subject to the standards and procedures
established in Chapter 26.425:
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26.710.120 (D)
Original text:
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the
(M14P) zone district:
New text:
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the High Density Residential (R-3) zone
district:
Staff concludes that the request to change the existing title of Residential Mobile
Home Park (MHP) Zone District to High Density Residential (R-3) has been reviewed
per Section 26.310.040 Standards of Review. The change in title has no adverse
impacts and will benefit the homeowners located in the Smuggler Mobile Home Park
and decrease the difficulty in obtaining financing for their homes.
STAFF RECOMMENDATIONS
Staff recommends approval of the Code Amendment to Section 26.710.120 that will change
the title of the Residential Mobile Home Park Zone District (MHP) to High Density
Residential (R-3) Zone District.
Recommended Motion:
"I move to approve Ordinance No,159- Series of 2001, approving a Code Amendment that
will change the Residential Mobile Home (MHP) Park Zone District title to High Density
Residential (R-3) and making the associated revisions to the code text where a reference is
made to the new title, finding that the standards of review have been met."
CITY MANAGER'S COMMENTS:
c:\home\saraho\planning\codeamendments\mhpmemo I cc.doc
2
Smuggler Homeowners Association 3-21-01
301 Oak lane, Aspen
c/o Mark Hesselschwerdt
P.O. Box 2522 Aspen
To City Council and Planning staff;
The Board of Directors of the Smuggler Homeowners Assoc.
representing the Smuggler Park Subdivision would like to
request that the title of the zoning notation for the subdivision
be changed to exclude the term Mobile Home Park. This
notation is causing some difficulty in the refinancing of the
homes. Perhaps the title could be simply the Smuggler Park
zone, with single-family residence notation. We (the Board)
feel that the Park's covenants will address any further
clarification necessary as to the parameters of the zoning.
Enclosed is the requested check in the amount of $1 2 00.00
as a deposit for staff time. We cannot imagine that we will not
be getting a fair share of this back .
Any further questions, Please feel free to call me at 925 9034.
Thank you,
Ma . Hesselschwerdt
President, Board of Directors
a
ORDINANCE NO3�
(SERIES OF 2001) II
A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
CODE AMENDMENT TO CHANGE THE TITLE OF THE RESIDENTIAL
MOBILE HOME PARK (MHP) ZONE DISTRICT TO HIGH DENSITY
RESIDENTIAL (R-3) SECTION 26.104.100, DEFINITIONS, SECTION 25.710.120,
RESIDENTIAL MOBILE HOME PARK (MHP) AND ALL ASSOCIATED
SECTIONS INCLUDING 26.710.120(A), PURPOSE, 26.710.120(B), PERMITTED
USES, 26.710.120(C), CONDITIONAL USES AND 26.710.120(D) DIMENSIONAL
REQUIREMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Smuggler Homeowners Association applicants, represented by Mark P.
Hesselschwerdt, requesting a code amendment to change the title of the Residential
Mobile Home Park (MHP) Zone District to High Density Residential (R-3); and
WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance
with the procedures, standards, and limitations of this Chapter, shall by ordinance
approve, approve with conditions, or deny a Code Amendment application for
Amendment to the Land Use Code and Official Zone District Map, after recommendation
by the Community Development Department and Planning and Zoning Commission
pursuant to Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendment application for a change in title for the Residential Mobile Home Park
(MHP) Zone District pursuant to Section 26.310.040 and recommended approval; and,
WHEREAS, during a public hearing on August 21, 2001, the Planning and
Zoning Commission recommended, by a seven to zero (--k) vote, the City Council
approve the amendments to Section 26.104.100, Definitions, "Mobile Home Park," and
Section 26.710.120, Zone Districts, Residential Mobile Home Park (MHP) as proposed
by the Community Development Department.
WHEREAS, the City Council conducted a public hearing, considered the
recommendation of the Community Development Director and took public testimony for
a Code Amendment that would change the title of the Residential Mobile Home Park
(MHP) Zone District to be renamed High Density Residential (R-3); and,
WHEREAS, the City Council finds that the Code Amendment proposal meets or
exceeds all applicable amendment standards and that the approval of the Code Amendment,
is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as
follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment application for a change in title of the Residential Mobile Home
Park (MHP) Zone District to High Density Residential (R-3) and associated sections is
approved as noted below:
Section 26.104.100: Mobile home park. A parcel or area of land upon which
two or more mobile homes, occupied or intended to be occupied for a dwelling,
are located for any period of time, regardless of whether or not a change is
made for such accommodations, and whether or not the mobile homes and/or
land are owned by the occupants.
Section 26.710.120: High Density Residential (R-3)
Section 26.710.120(A): Purpose. The purpose of the High Density
Residential (R-3) zone district is to provide for the use of land to locate
manufactured housing for intensive long-term residential purposes, with
customary accessory uses and less intensive office uses. Recreational and
institutional uses customarily found in proximity to residential uses are
included as conditional uses. The High Density Residential (R-3) zone district
shall be located in areas where the effect on surrounding property shall be
minimized, where the health, safety and general welfare of High Density
Residential (R-3) zone district residents and others will be protected and where
the topography is suitable for the permitted uses and conditional uses allowed
in the High Density Residential (R-3) zone district.
Section 26.710.120(B): Permitted uses. The following uses are permitted
as of right in the High Density Residential (R-3) zone district:
Section 26.710.120(C): Conditional uses. The following uses are
permitted as conditional uses in the High Density Residential (R-3) zone
district, subject to the standards and procedures established in Chapter 26.425:
Section 26.710.120(D): Dimensional requirements. The following
dimensional requirements shall apply to all permitted and conditional uses in
the High Density Residential (R-3) zone district:
Section 2•
All material representations and commitments made by the applicant pursuant to the Code
Amendment approval as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3•
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section,, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional 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.
Approved by the Council at its regular meeting on October 9, 2001.
City Attorney
ATTEST:
Kathryn Koch, City Clerk
Helen Kalin Klanderud, Mayor
Saturday -Sunday, August 4-5, 2001 a The Aspen Times 25-C
PUBLIC NOTICE
NOTICE OF PUBLIC TRUSTEE'S SALE
NO. Ol-08
To whom it may Concern: This Notice is given
with regard to the following described Deed of
Trust:
George J. Harris, Jr.: Original Grantor (Borrower)
Lawrence A. and Pamela Kross:
Original Beneficiary
Lawrence A. and Pamela Kross:
Current Owner of the Evidence of Debt Secured
by the Deed of Trust
March 15, 2001: Date of Deed of Trust
March 19, 2001: Recording Date of Deed of Trust
Pitkin: County of Recording
452516: Reception No.
_ Book and Page of Deed of 'Trust
YOU ARE HEREBY NOTIFIED that the owner of
the evidence of debt, the original principal
amount of which was $150,000.00, and which is
secured by the Deed of Trust described above,
has filed written election and demand for sale as
provided In said Deed of Trust. The outstanding
principal balance due and owing, upon the evi-
dence of debt secured by the above -described
Deed of Trust being foreclosed is $150,000.00 as
of June 22, 2001.
The real property being foreclosed is all of
the property encumbered by said Deed of Trust,
and is described as follows:
WEST SOPRIS RANCH, PARCEL 14: A parcel of
land situated In the W I/2 of Section 15,
Township 8 South, Range 87 West of the Sixth
Principal Meridian, more particularly described
as follows:
Beginning at the SW comer of said Section 15;
thence South 88°53'16" East 1319.54 feet to the
True Point of Beginning;
thence continuing South 88"53'16" Fast 659.77
feet;
thence North 00`52'24" Fast 2340.00 feet;
thence North 88"53'16" West 659.59 feet;
thence South 00°52'40" West 2340.00 feet to the
True Point of Beginning.
County of Pitkin. State of Colorado.
also known by street and number as: Stone
Road, Basalt, Colorado
THE LIEN OF THE DEED OF TRUST BEING
FORECLOSED MAY NOT BE A FIRST LIEN.
THEREFORE; NOTICE IS HEREBY GIVEN
that 1 will, at 10:00 o'clock a.m., on the date of
August 15, 2001 at the front steps of the Pitkin
County Courthouse, 506 E. Main Street, Aspen,
Colorado, sell at public auction to the highest
and best bidder for cash, the real property
described above, and all Interest of said Grantor,
the heirs, successors and assigns of said
Grantor, for the purpose of paying the Indebted-
ness provided in said evidence of debt and Deed
of Trust, attorney's fees, and the expenses of
sale, and will deliver to the purchaser a certifi-
cate of purchase, all as provided by law.
June 28, 2001
Thomas Carl Oken
Public Trustee, Pitkin County
State of Colorado
By s/Carol L. Foote. Deputy Public Trustee
First publication date: July 7, 2001
Last publication date: August 4, 2001
Name of Publication: The Aspen Times
Published in The Aspen Times July 7, 14, 21, 28,
August 4, 2001. (76173)
PUBLIC NOTICE
NOTICE OF PUBLIC TRUSTEE'S SALE
NO. 01-07
TO WHOM IT MAY CONCERN: This notice Is
given with regard to the following described
Deed of Trust
George J. Harris, Jr.: Original Grantor (Borrower)
Paul W Jardis: Original Beneficiary
Paul W. Jardis: Current Owner of the Evidence of
Debt Secured by the Deed of Trust
February 21, 2000: Date of Deed of Trust
February 24, 2000:
Recording Date of Deed of Trust
Pitkin: County of Recording
440803: Reception No. of Recorded Deed of
Trust
Book and Page of Deed of Trust
YOU ARE HEREBY NOTIFIED that the owner of
the evidence of debt, the original principal
amount of which was $51,000.00, and which is
secured by the Deed of Trust described above,
has filed written election and demand for sale as
provided In said Deed of Trust. The outstanding
principal balance due and owing upon the evi-
dence of debt secured by the above -described
Deed of Trust being foreclosed is E 51,000.00 as
of June 22, 2001.
The real property being foreclosed is all of
the property encumbered by said Deed of Trust,
and is described as follows:
WEST SOPRIS RANCH, PARCEL 13: A parcel
of land situated in the West 1/2 of Section 15,
Township 8 South, Range 87 West of the 6 Sixth
Principal Meridian, more particularly described
as follows:
Beginning at the SW comer of said Section 15;
thence South 88°53'16" East 1979.31 feet to the
True Point of Beginning;
thence continuing South 88°53'16" Fast 659.77
feet;
thence North 00'52'07" Fast 2340.00 feet;
thence North 88'53' l6" West 659.58 feet;
thence South 00°52'24" West 2340.00 feet to the
True Point of Beginning, as hereinbefore
described.
County of Pitkin. State of Colorado.
also known by street and number as: 2000 Stone
Road, Basalt, Colorado
THE LIEN OF THE DEED OF TRUST BEING
FORECLOSED MAY NOT BE A FIRST LIEN.
THEREFORE, NOTICE IS HEREBY GIVEN
that 1 will, at 10:00 o'clock a.m., on the date of
August 15, 2001 at the front steps of the Pitkin
County Courthouse, 506 E. Main Street, Aspen,
Colorado, sell at public auction to the highest
and best bidder for cash, the real property
described above, and all interest of said Grantor,
the heirs, successors and assigns of said
Grantor, for the purpose of paying the indebted-
ness provided in said evidence of debt and Deed
of Trust, attorney's fees, and the expenses of
sale, and will deliver to the purchaser a certifi-
cate of purchase, all as provided by law.
June 28, 2001
Thomas Carl Oken
- Public Trustee, Pftkin County
State of Colorado
By s/Carol L. Foote, Deputy Public Trustee
First publication date: July 7, 2001
Last publication date: August 4, 2001
Name of Publication: The Aspen Times
Published in The Aspen Times July 7, 14, 21, 28,
August 4, 2001. (76172)
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN THAT the Board
of County Commissioners, at its regular meeting
on July 25, 2001, and after a duly -noticed public
hearing published in the Weekend Edition of the
Aspen Times on 14th day of July 2001, adopted
the following three (3) Ordinances.
ORDINANCE # 029 -2001
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS O: PITKIN COUNTY, COL-
ORADO GRANTING AN EASEMENT TO THE
ASPEN CONSOLIDATED SANITATION DISTRICT
ON PROPERTY OWNED BY Prl'KIN COUNTY
AND LOCATED AT THE PITKIN COUNTY PUBLIC
WORKS DEPARTMENT
ORDINANCE #030 -2001
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COI,
ORADO GRANTING AN UNDERGROUND RIGHT
OF WAY EASEMENT TO HOLY CROSS ENERGY
ON PROPERTY OWNED BY PITKIN COUNTY
AND LOCATED AT THE PITKIN COUNTY PUBLIC
WORKS DEPARTMENT
ORDINANCE #031-2001
AN ORDINANCE OF THE BOARD OF COUN-
TY COMMISSIONERS OF PITKIN COUNTY, COI,
ORADO APPROVING A TRENCH, CONDUIT AND
VAULT AGREEMENT TO HOLY CROSS ENERGY
FOR CONSTRUCTION ON PROPERTY OWNED
BY PITKIN COUNTY AND LOCATED AT THE
PITKIN COUNTY PUBLIC WORKS DEPARTMENT
INTRODUCED, FIRST READ AND SET FOR PUB-
LIC HEARING ON THE 1 Ith DAY OF July, 2001.
NOTICE OF PUBLIC HEARING PUBLISHED IN
THE WEEKEND EDITION OF THE ASPEN TIMES
ON 14th DAY OF July, 2001.
APPROVED UPON SECOND READING AND PUB-
LIC HEARING ON THE 25th DAY OF July, 2001.
PUBLISHED AFTER ADOPTION IN THE WEEK-
END EDITION OF THE ASPEN TIMES ON THE 4th
DAY OF August, 2001.
ALL THREE ORDINANCES SHALL BECOME
EFFECTIVE 30 DAYS AFTER PUBLICATION FOL-
LOWING FINAL ADOPTION BY THE BOARD OF
COUNTY COMMISSIONERS.
Copies of the full text of the Ordinance #029-
2001, #030.2001 and #031-2001 are available for
public Inspection from 8:30 to 4:30 in the Office
of the Clerk and Recorder, 530 East Main Street,
Aspen, Colorado 81611 Phone: 970-920.5180
Jeanette Jones
Deputy County Clerk
Published In The Aspen Times August 4, 2001.
(76279)
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN THAT the Board
of County Commissioners, at a regular meeting
on July 25, 2001, and after a duly -noticed public
hearing published in the Weekend Edition of the
Aspen Times on July 14, 2001, adopted the fol-
lowing Resolution 0122,2001:
A RESOLUTION OF THE BOARD OF COUN-
TY COMMISSIONERS OF PITKIN COUNTY, COI,
ORADO APPROVING AN AGREEMENT BETWEEN
THE CITY OF ASPEN, THE COLORADO RIVER
WATER CONSERVATION DISTRICT AND PrMN
COUNTY FOR USE OF GRIZZLY RESERVOIR FOR
WATER STORAGE
and Resolution #123.2001:
A RESOLUTION OF THE BOARD OF COUN-
TY COMMISSIONERS OF PITKIN COUNTY, COI,
ORADO APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE BUTTERMILK MET-
ROPOLITAN DISTRICT AND PITKIN COUNTY
Copies of the full text of the Resolution
0122-2001 and Resolution #123-2001 are avail-
able for public inspection from 8:30 to 4:30 in the
Office of the Clerk and Recorder, 530 East Main
Street, Aspen, Colorado 81611, Phone: 970-920-
5180.
Jeanette Jones
Deputy County Clerk
Published in The Aspen Times on August 4,
2001.(76280)
PUBLIC NOTICE
Please take notice that the Board of County
Commissioners has adopted on July 25, 2001,
the following Resolution:
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COL-
ORADO, APPOINTING MEMBERS TO VOLUN-
TEER CITIZEN BOARDS
at their Plaza 1 Conference Room at 530 E. Main
Street. 1st floor, Aspen, Colorado
Jeanette Jones, Deputy Clerk & Recorder
Copies of the full text of this Resolution are
available for public inspection in the office of
the Clerk and Recorder, 530 E. Main St., 8:30 am-
4:30 pm.
Published in The Aspen Times August 4, 2001.
(76277)
PUBLIC NOTICE
RE: PITKIN COUNTY AIRPORT SCENIC OVERLAY
AND SPECIAL REVIEW AN APPROACH LIGHTING
SYSTEM (P124,01)
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Tuesday, September 4, 2001 at a
special meeting to begin at I:30 PM or as soon
thereafter as the conduct of business allows,
Wore the Board of County Commissioners,
Plaza One Conference Room, 530 E. Main St.,
Aspen to consider an application submitted by
Pitkin County Airport requesting approval to
install a 1,400 foot Medium Intensity Approach
Lighting System with Sequenced Flashers
(MALSF) that will extend from the northern
approach end of the runway in the direction of
arriving aircraft on final approach to be used for
landings during Inclement weather. The proper-
ty is located adjacent to State Highway 82 across
from the Aspen Airport Business Center and is
described as a parcel of land located in Section
3, Township 10 South, Range 85 West of 6th P.M.
and Sections 27, 28, and 34, Township 9 South,
Range 85 West of 6th P.M. The application/reso-
lution are available for public inspection In the
Community Development Department, City Hall,
130 S. Galena St., Aspen CO 81611.
For further information, contact Tamara Pregl at
(970) 9205103.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in The Aspen Times on August 4,
2001.(76278)
PUBLIC NOTICE
WASTEWATER TREATMENT PLANT REHAB
ROOFING REPLACEMENT 65.150.7201
SNOWMASS WATER AND SANITATION DISTRICT
PITKIN COUNTY, COLORADO
ADVERTISEMENT FOR BIDS
1. Sealed Proposals for Construction of the
Waste/Water Treatment Plant Rehab - Roofing
Replacement 65-150.7201 will be received by the
Snowmass Water and Sanitation District at the
office of the Owner at 0177 Clubhouse Drive,
Snowmass Village, CO 81615, on or before 2:00
PM, August 17, 2001, at which time the propos-
als will be publicly opened and read. Any pro-
posal received after the above specified time
will be immediately returned to the Bidder
unopened.
The site of the work is at the District's
Waste/Water Treatment Plant in Snowmass
Village.
The work includes removal of existing earth,
irrigation system, roofing, and Installing new
roofing, insulation, piping, earth and other Items
needed to completely remove and replace the
existing roofing system.
2. The Contract Documents, containing the
detailed Drawings and Specifications for the
Construction of the work, together with the pro-
posed Construction Contract, may be seen at
either the office of McLaughlin Water Engineers,
Ltd., 12596 West Bayard Avenue Suite 200
Lakewood, CO 80228, or the Snowmass Water &
Sanitation District Offices. Copies thereof may
be obtained from McLaughlin Water Engineers
or Snowmass Water & Sanitation District by a
non-refundable $35 charge.
3. Bid security in the amount of 5 percent,
unqualified, of the total Proposal price, will be
required with each Proposal. Character and dis-
position of such bid security are stated in
Instructions to Bidders" of the Contract
Documents. Included with the Contract
Documents Is a Bid Bond form to be used by
Bidders not submitting a cashier's check or a
certified check.
4. Further Information will be found in
"Instructions to Bidders" of the Contract
Documents. Each Bidder will be assumed to be
familiar with all Contract Documents, including
all Drawings and Specifications. Bidders are
encouraged to visit the site prior to the bid
opening.
Published:
Owner
Snowmass Water & Sanitation District
Robert Garcia
District Manager
Published In The Aspen Times July 28, August 4,
11, 2001. (76233)
PUBLIC NOTICE
OFFICE REMODEL
SNOWMASS WATER AND SANITATION DISTRICT
PITKIN COUNTY, COLORADO
ADVERTISEMENT FOR BIDS
1. Sealed Proposals for construction of the
OFFICE REMODEL will be received by the
Snowmass Water and Sanitation District at the
office of the Owner at 0177 Snowmass Club
Circle Snowmass Village, CO 81615, on or before
2:00 PM, August I6th 2001, at which time the
proposals will be publicly opened and read. Any
proposal received after the above specified time
will be Immediately returned to the Bidder
unopened.
The site of the work is at the District's
Administrative Office located at 0177 Clubhouse
Drive, Snowmass Village, CO 81615.
The work includes construction of a handi-
capped ramp, new roof, vestibule and minor
interior modifications.
2. The Contract Documents, containing the
detailed Drawings and Specification notes for
the construction of the work, together with the
proposed Construction Contract, may be seen at
the District Offices. Copies thereof may be
obtained from Snowmass Water & Sanitation
District for a non-refundable cost of $25.
3. Bid security In the amount of 5 percent,
unqualified, of the total Proposal price, will be
required with each Proposal. Character and dis-
position of such bid security are stated in
"Instructions to Bidders" of the Contract
Documents. Included with the Contract
Documents Is a Bid Bond form to be used by
Bidders not submitting a cashier's check or a
certified check.
4. Further Information will be found in
"Instructions to Bidders" of the Contract
Documents. Each Bidder will be assumed to be
familiar with all Contract Documents, including
all Drawings and Specifications. Bidders are
encouraged to visit the site prior to the bid
opening.
Published:
Owner
Snowmass Water & Sanitation District
Robert Garcia
District Manager
Published In The Aspen Times July 28, August 4,
11, 2001. (76232)
PUBLIC NOTICE
A copy of the 2000 Annual Report of the
Flatirons Foundation is available for inspection
at its principal office, 514 E. Hyman Ave.. Aspen,
Colorado 81611, during regular business hours,
on request made within 180 days after the date
of this publication.
Robert F. Stamdoj, Secretary
Flatirons Foundation
Published In The Aspen Times on August 4,
2001.(76274)
PUBLIC NOTICE
RE: CITY OF ASPEN LAND USE CODE AMEND-
MENT TO CHANGE THE NAME OF THE MOBILE
HOME PARK ZONE DISTRICT TO R-3, HIGH DEN-
SITY RESIDENTIAL.
NOTICE IS HEREBY GIVEN that a public hearing
will be held on August 21, 2001, at a meeting to
begin at 4:30 P.M. before the Aspen Planning and
Zoning Commission, Sister Cities Meeting Room,
City Hall 130 South Galena, Aspen, to consider
an application submitted by the Smuggler Park
Home Owner's Association, requesting approval
for a Proposed Code Amendment to Section
26.104.100, Definitions, Section 26.220, Zone
District Sign Regulations, and Section
26.710.120, Residential Mobile Home Park to
change the name of the Mobile Home Park Zone
District to R-0 (High Density Residential).
For further Information contact Steve Clay at the
Aspen /Pitkin Community Development
Department, 130 South Galena St., Aspen, CO
(970) 920-5095, stephenc@ci.aspen.co.us.
s/Jasmine Tygre, Chair
Aspen Planning and Zoning Commission
Published in The Aspen Times on August 4,
2001.(76276)
PUBLIC NOTICE
COUNTY COURT, PITKIN COUNTY, COLORADO
Case No. OIC146
IN THE MATTER OF THE PETITION FOR
THE CHANGE OF NAME OF: Mary Conover
Greenway, Adult.
Public Notice Is given that on July 10, 2001, by
an order of the Court, Pitkin County, Colorado,
the following name was changed:
The name of Mary Conover Greenway was
changed to Mary Conover.
Patrick Peterson, Clerk of Court
By s/Deputy Clerk
Published in The Aspen Times on July 21, 28,
August 4, 2001. (76215)
PUBLIC NOTICE
COUNTY COURT, PITKIN COUNTY, COLORADO
Case No. OIC154
IN THE MATTER OF THE PETITION FOR
THE CHANGE OF NA# E OF: Christian E.
Martinez, Adult.
Public Notice is given that on July 17, 2001, by
an order of the Court, Pitkin County, Colorado,
the following name was changed:
The name of Christian E. Martinez was changed
to Christian Kenneth Martinez Chatruk.
Patrick Peterson, Clerk of Court
By s/Deputy Clerk
Published In The Aspen Times on July 28,
August 4, 11, 2001. (76235)
PUBLIC NOTICE
NOTICE OF FINAL PAYMENT
After thirty (30) days from August 3rd,
2001, the Aspen Consolidated Sanitation
District, Owner, will pay to Gould Construction,
Inc., the full balance due on the Contract "Aspen
Consolidated Sanitation: "Highlands Trunkline
Sanitary Sewer Replacement Phase III: Aspen
Golf Course -Schedule 1". All persons having
claims for labor, rentals, services, or materials
furnished under this pipeline Contract, who
shall not have been paid herefor shall present
the same to owner in writing and verified prior
to the date specified above, or the owner shall
be free of all liabilities for attempting to obtain
payment to such persons by the Contractor.
Published in The Aspen Times August 4, 11, 18,
2001.(76273)
PUBLIC NOTICE
NOTICE TO CREDITORS
Estate of Mary A. Bates, a/k/a Mary Allen Bates,
Deceased
Case No. Ol PR 19
All persons having claims against the
above -named estate are required to present
them to the personal representative or to the
District Court of Pitkin County, Colorado on or
before November 21, 2001 or the claims may be
forever barred.
Nathaniel B. Bates, Personal Representative
P.O. Box 9909
Aspen, Colorado 81612
Published in The Aspen Times July 21, 28.
August 4, 2001. (76214)
PUBLIC NOTICE
NOTICE TO CREDITORS
Estate of Harvey E. Marsing, Deceased
Case No. 01 PR 26
All persons having claims against the above -
named estate are required to present them to
the personal representative or to the District
Court of Pitkin County, Colorado on or before
December 4, 2001, or the claims may be forever
barred.
Cuthbert L. Myrin Jr., Personal Representative
P.O. Box 12365
Aspen, Colorado 81612
Published in The Aspen Times August 4, 11, 18.
2001.(76278)
PUBLIC NOTICE
NOTICE TO CREDITORS
Estate of Thompson Wallace Schutz, Deceased
Case No. OIPR25-3
All persons having claims against the
above -named estate are required to present
them to the personal representative or to the
District Court of Pitkin County, Colorado on or
before December 1, 2001 or the claims may be
forever barred.
s/Barbara Schutz, Personal Representative
Barbara Hayes Schutz
520 South Original
Aspen, Colorado 81611
(970) 920-4636
Published in The Aspen Times July 28, August 4,
11, 2001. (76234)
PUBLIC NOTICE
NOTICE OF PUBLIC TRUSTEE'S SALE
No. 01-09
TO WHOM IT MAY CONCERN:
This Notice is given with regard to the Deed of
Trust described as follows:
Original Grantor: George J. Harris, Jr.
Original Beneficiary. WestStar Bank
Current owner of the evidence of debt secured
by the Deed of Trust: WestStar Bank
Date of Deed of Trust: June 25, 1999
County of Recording: Pitkin County
Date of Recording of Deed of Trust: July 1, 1999
Recording Information: Reception No. 432895
YOU ARE HEREBY NOTIFIED that the cur-
rent owner of the original evidence of debt
secured by the Deed of Trust described above
has filed written election and demand for sale as
provided in said Deed of Trust. The original prin-
cipal amount of the evidence of debt was Two
Hundred Eighty -Five Thousand and No/100ths
Dollars ($285,000.00), and as of June 25,2001, the
outstanding principal balance due and owing on
the evidence of debt is $285,000.00.
NOTE THE DEED OF TRUST BEING FORE-
CLOSED MAY NOT BE A FIRST LIEN
The real property to be foreclosed, which
is all of the property currently encumbered by
the Deed of Trust, is located in Pitkin County.
Colorado, and is described as follows:
West Sopris Ranch Parcel 14: A parcel of land sit-
uated in the W 1/2 of Section 15, Township 8
South, Range 87 West of the Sixth Principal
Meridian, more particularly described as fol-
lows: Beginning at the SW comer of said Section
15; thence South 88°53'16" East 659.77 feet;
thence North 00'52'16" East 2340.00 feet; thence
North 88'53'16" West 659.59 feet; thence South
00`52'40" West 2340.00 feet to the True Point of
Beginning, County of Pitkin, State of Colorado
Together with all existing or subsequently erect-
ed or affixed buildings, Improvements and fix-
tures; all easements, rights of way, and appurte-
nances; all water, water rights and ditch rights
(Including stock in utilities with ditch or irriga-
tion rights); and all other rights, royalties, and
profits relating to the real property, Including
without limitation all minerals, oil, gas, geother-
mal and similar matters.
THEREFORE, NOTICE IS HEREBY GIVEN
that I will, at 10:00 o'clock a.m. on the date of
September 12, 2001, in the Office of the Public
Trustee, 506 East Main, Aspen, CO 81611, sell at
public auction to the highest and best bidder for
cash, the real property described above, and all
interest of said Grantor, the heirs and assigns of
said Grantor, for the purpose of paying the
indebtedness provided in said note and deed of
trust, attorney fees, and the expenses of sale,
and will deliver to the purchaser a certificate of
purchase, all as provided by law.
THIS IS AN ATTEMPT TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED MAY BE
USED FOR THAT PURPOSE.
PITKIN COUNTY PUBLIC TRUSTEE
By: Carol L. Foote
Deputy Public Trustee
Date: July 23, 2001
First Publication Date: August 4, 2001
Last Publication Date: September 1, 2001
Published In The Aspen Times August 4, 11, 18,
25, September 1, 2001. (76272)
PUBLIC NOTICE
REQUEST FOR PROPOSALS/QUALIFICATIONS
FOR PROCUREMENT OF THE OPERATIONAL
LEASE OF THE COMMERCIAL TERMINAL
RESTAURANT FACILITY AT THE ASPEN/PITKIN
COUNTY, COLORADO AIRPORT
Pitkin County will accept proposals from inter-
ested parties for the procurement of the opera-
tion of the Aspen/Pitkin County Airport com-
mercial terminal restaurant facility. This is for a
multi -year lease that encourages creative pro-
posals that benefit both parties and the airport
customers. Request For
Proposals/Qualifications packets and additional
information may be obtained by contacting:
Edna Adeh
Contract Administrator
Aspen/Pitkin County Airport
0233 East Airport Road, Suite A
Aspen, CO 81611
970/920.5384
Proposals must be received at the above
address no later than 3:00 p.m. (MDT), August
30, 2001.
Published In The Aspen Times August 4, 11, 18,
25, 2001. (76281)
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J
AGENDA
ASPEN PLANNING & ZONING COMMISSION
d
REGULAR MEETING
TUESDAY, AUGUST 21, 2001
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
1I. MINUTES (07/24/01, 07/17/01, & GMC 07/1701, 02/27/01, 02/20/01)
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. 629 W. SMUGGLER LANDMARK DESIGNATION, Amy
Guthrie, Continued From 7/10 (continue to a date certain)
B. MOBILE HOME PARK ZONE DISTRICT TITLE CODE
AMENDMENT, Sarah Oates
C. 1210 RED BUTTE STREAM MARGIN REVIEW, Sarah Oates,
Continue To 9/ '/, o- +) 4 - O
D. BOOMERANG SUBSTANTIAL PUD AMENDMENT, Joyce
Ohlson
V. ADJOURN
MEMORANDUM
To: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director IAO
FROM: Sarah Oates, City Zoning Officers O
RE: Change in Residential Mobile Home Park (MHP) Zone District Title
Amending Section 26.710.120 — Code Amendment. Public Hearing Resolution
No.3, Series of 2001
DATE: August 21, 2001
APPLICANT:
Smuggler Homeowners Association
REPRESENTATIVE:
Mark P. Hesselschwerdt
ADDRESS:
Smuggler Mobile Home Park
P.O. Box 2522
Aspen, CO 81612
ZONING:
Residential Mobile Home Park (MHP)
CURRENT LAND USE:
Single Family Residential Mobile
Home Park
PROPOSED LAND USE:
Single Family Residential
Process:
SUMMARY:
The Board of Directors for the Smuggler
Homeowners Association represents the Smuggler
Park Subdivision and requests that the title of the
Residential Mobile Home Park (MHP) Zone
District in the Land Use Code and on the Official
Zone District Map be changed to exclude the
words "Mobile Home Park" and renaming the zone
district High Density Residential (R-3). The
applicant states that the title, Mobile Home Park, is
causing difficulty in the refinancing of homes
located in the Smuggler Mobile Home Park.
Owners are finding it difficult to borrow large
amounts of money for a mobile home and for a
small lot in Aspen. The applicants feel that the
name of the zone district itself serves as an
impediment.
Staff would like to note that this is a
title change and not a change in the
district development standards.
Amendment to the Land Use Code and Official Zone District Map
➢ To determine if the application meets the standards for an amendment to the code
text or official zone district map
➢ Planning Commission makes a recommendation to City Council
Review
In reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
➢ Staff Finding:
o The changes regarding the proposed zone district title
amendment would be made throughout Title 26. In that the
development standards are not proposed for amendment, no
conflict is created in that regard
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
➢ Staff Finding:
o The change in title would not be inconsistent with the
elements of the Aspen Area Community Plan. Mobile home
parks would still be an allowable residential use within the R-
3 district.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
➢ Staff Finding:
o The proposed amendment is compatible with the surrounding
zone districts and land uses, and will not change the
characteristics of the neighborhood The land use pattern will
not change, as the specific dimensional standards for the zone
district will not be affected.
D. The effect of the proposed amendment on traffic generation and road safety.
➢ Staff Finding:
o There will be no effector negative impacts of this proposed
amendment on traffic generation and road safety.
E. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
N
➢ Staff Finding:
o This is only a title change and has nothing to do with any type
of development regarding public facilities and will not change
any district standards.
F Whether the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
➢ Staff Finding:
o The title change will not affect the district standards. The
standard remains the same and continues to have no impacts
on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
➢ Staff Finding:
o Considering this is only a change of the title to the mobile
home park, it will continue to remain consistent and
compatible with the community character in the City of Aspen.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
➢ Staff Finding:
o There are not changes in the condition of the parcel or
neighborhood.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
➢ Staff Finding:
o The purpose and intent of this amendment continues to
remain consistent with the original intent of the Residential
Mobile Home Park (MHP) Zone District and therefore
continues to remain consistent with this Title.
Staff has amended all the sections in the Aspen Land Use Code Title 26 that referenced
the Residential Mobile Home Park (MHP) Zone District. The sections are stated
below with the old language having a "strike out" through it and the new language
documented in italics, as follows.
3
Section 26.104.100 Definitions
Original text:
Mobile Home Park. A parcel or area of land Zoned A-4-14P
Rmk4 upon which two or more mobile homes, occupied or intended to be occupied for
a dwelling, are located for any period of time, regardless of whether or not a change is
made for such accommodations, and whether or not the mobile homes and/or land are
owned by the occupants.
New text:
Mobile home park. A parcel or area of land upon which two or more mobile
homes, occupied or intended to be occupied for a dwelling, are located for any
period of time, regardless of whether or not a change is made for such
accommodations, and whether or not the mobile homes and/or land are owned by
the occupants.
26.710.120 Zone Districts
Original text:
26.710.120 Residential A.4ohiln Home Park (N414 -)
New text:
26.710.120 High Density Residential (R-3)
26.710.120(A)
Original text:
A. Purpose. The purpose of the Resiilun+iol 1\4-..hilo r.T^me Park (N414P4 zone
district is to provide for the use of land to locate manufactured housing for intensive
long-term residential purposes, with customary accessory uses and less intensive officf
uses. Recreational and institutional uses customarily found in proximity to residential
uses are included as conditional uses. The Residential _\Aphilo u^me Park (l MP4 zone
district shall be located in areas where the effect on surrounding property shall be
minimized, where the health, safety and general welfare of Resid-a-B-ti-al- NAM
Parkr P) zone district residents and others will be protected and where the
topography is suitable for the permitted uses and conditional uses allowed in the
Mobile Home Park (MUM zone district.
U
26.710.120(A)
New text:
A. Purpose. The purpose of the High Density Residential (R-3) zone district is to
provide for the use of land to locate manufactured housing for intensive long-term
residential purposes, with customary accessory uses and less intensive office uses.
Recreational and institutional uses customarily found in proximity to residential uses
are included as conditional uses. The High Density Residential (R-3) zone district shall
be located in areas where the effect on surrounding property shall be minimized, where
the health, safety and general welfare of High Density Residential (R-3) zone district
residents and others will be protected and where the topography is suitable for the
permitted uses and conditional uses allowed in the High Density Residential (R-3)
zone district.
26.710.120 (B)
Original text:
B. Permitted uses. The following uses are permitted as of right in the Residential
H-A- e, nark (N4PW) zone district:
New text:
B. Permitted uses. The following uses are permitted as of right in the High
Density Residential (R-3) zone district:
26.710.120 (C)
Original text:
C. Conditional uses. The following uses are permitted as conditional uses in the
zone district, subject to the standards and
procedures established in Chapter 26.425:
New text:
C. Conditional uses. The following uses are permitted as conditional uses in the
High Density Residential (R-3) zone district, subject to the standards and procedures
established in Chapter 26.425:
26.710.120 (D)
Original text:
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the
r"� zone district:
New text:
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the High Density Residential (R-3) zone
district:
Staff concludes that the request to change the existing title of Residential Mobile
Home Park (MHP) Zone District to High Density Residential (R-3) has been reviewed
per Section 26.310.040 Standards of Review. The change in title has no adverse
impacts and will benefit the homeowners located in the Smuggler Mobile Home Park
and decrease the difficulty in obtaining financing for their homes.
STAFF RECOMMENDATIONS
Staff recommends approval of the Code Amendment to Section 26.710.120 that will change
the title of the Residential Mobile Home Park Zone District (MHP) to High Density
Residential (R-3) Zone District.
Recommended Motion:
"I move to approve Resolution No.55 Series of 2001, recommending that City Council
approve a Code Amendment that will change the Residential Mobile Home (MHP) Park Zone
District title to High Density Residential (R-3) and making the associated revisions to the code
text where a reference is made to the new title, finding that the standards of review have been
met."
Cel
RESOLUTION N0._Z5
(SERIES OF 2001)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A
CODE AMENDMENT TO CHANGE THE TITLE OF THE RESIDENTIAL
MOBILE HOME PARK (MHP) ZONE DISTRICT TO HIGH DENSITY
RESIDENTIAL (R-3) SECTION 26.104.100, DEFINITIONS, SECTION 25.710.120,
RESIDENTIAL MOBILE HOME PARK (MHP) AND ALL ASSOCIATED
SECTIONS INCLUDING 26.710.120(A), PURPOSE, 26.710.120(B), PERMITTED
USES, 26.710.120(C), CONDITIONAL USES AND 26.710.120(D) DIMENSIONAL
REQUIREMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Smuggler Homeowners Association applicants, represented by Mark P.
Hesselschwerdt, requesting a code amendment to change the title of the Residential
Mobile Home Park (MHP) Zone District to High Density Residential (R-3); and
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution approve, approve with conditions, or deny a Code
Amendment application for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Community Development Department pursuant to
Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendment application for a change in title for the Residential Mobile Home Park
(MHP) Zone District pursuant to Section 26.310.040 and recommended approval; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and took
public testimony for a Code Amendment that would change the title of the Residential
Mobile Home Park (MHP) Zone District to be renamed High Density Residential (R-3);
and,
WHEREAS, the Planning and Zoning Commission finds that the Code Amendment
proposal meets or exceeds all applicable amendment standards and that the approval of the
Code Amendment, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
WHEREAS, during a public hearing on Aaust 21, 2001, the Planning and
Zoning Commission recommended, by a —4 to ( 3 -Q� vote, the City Council
approve the amendments to Section 26.104.100, Definitions, "Mobile Home Park," and
Section 26.710.120, Zone Districts, Residential Mobile Home Park (MHP) as proposed
by the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment application for a change in title of the Residential Mobile Home
Park (MHP) Zone District to High Density Residential (R-3) and associated sections is
approved as noted below:
Section 26.104.100: Mobile home park. A parcel or area of land upon which
two or more mobile homes, occupied or intended to be occupied for a dwelling,
are located for any period of time, regardless of whether or not a change is
made for such accommodations, and whether or not the mobile homes and/or
land are owned by the occupants.
Section 26.710.120: High Density Residential (R-3)
Section 26.710.120(A): Purpose. The purpose of the High Density
Residential (R-3) zone district is to provide for the use of land to locate
manufactured housing for intensive long-term residential purposes, with
customary accessory uses and less intensive office uses. Recreational and
institutional uses customarily found in proximity to residential uses are
included as conditional uses. The High Density Residential (R-3) zone district
shall be located in areas where the effect on surrounding property shall be
minimized, where the health, safety and general welfare of High Density
Residential (R-3) zone district residents and others will be protected and where
the topography is suitable for the permitted uses and conditional uses allowed
in the High Density Residential (R-3) zone district.
Section 26.710.120(B): Permitted uses. The following uses are permitted
as of right in the High Density Residential (R-3) zone district:
Section 26.710.120(C): Conditional uses. The following uses are
permitted as conditional uses in the High Density Residential (R-3) zone
district, subject to the standards and procedures established in Chapter 26.425:
Section 26.710.120(D): Dimensional requirements. The following
dimensional requirements shall apply to all permitted and conditional uses in
the High Density Residential (R-3) zone district:
Section 2•
All material representations and commitments made by the applicant pursuant to the Code
Amendment approval as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3•
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional 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.
Approved by the Commission at its regular meeting on August 21, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Jasmine Tygre, Chair
Smuggler Homeowners Association 3-21-01
301 Oak lane, Aspen
c/o Mark Hesselschwerdt
P.O. Box 2522 Aspen
To City Council and Planning staff;
The Board of Directors of the Smuggler Homeowners Assoc.
representing the Smuggler Park Subdivision would like to
request that the title of the zoning notation for the subdivision
be changed to exclude the term Mobile Home Park. This
notation is causing some difficulty in the refinancing of the
homes. Perhaps the title could be simply the Smuggler Park
zone, with single-family residence notation. We (the Board)
feel that the Park's covenants will address any further
clarification necessary as to the parameters of the zoning.
Enclosed is the requested check in the amount of $1200.00
as a deposit for staff time. We cannot imagine that we will not
be getting a fair share of this back .
Any further questions, Please feel free to call me at 925 9034.
Thank you, q� j _ �t�ir
Ma . Hesselschwerdt
President, Board of Directors
Sections with the work "Mobile Home Park"
026.104.100
Definitions.+
Q 26.510.130 (A) 1 Zone district sign re ns.��^•--�--
•26.510.136 (Aga Z ' ' sign restrictions.
• 26.510.13
-Zo strict sign restrictions.
i 24-5�. 130 (A) ld Zone district sign restrictions.
26.710.120
Residential Mobile Home Park (MHP).
• 26.710.120a
Residential Mobile Home Park (MHP).
26.710.120b
Residential Mobile Home Park (MHP).
^� >26.710.120b 1
Residential Mobile Home Park (MHP).
4 26.710.120c
Residential Mobile Home Park (MHP).
• 26.710.120d
Residential Mobile Home Park (MHP).
,.zr Il c.t�•�„�. r .-,o
V;-, vv" 04-,�k
1 vx s-" f eQ
.✓
Lot. A defined individual area or unit of land resulting from subdivision and reflected on a recorded plat ap-
proved by the City; or if created and recorded prior to the adoption by the City of subdivision regulations, or prior
to its annexation into the City, a unit or area of land designated by a separate and distinct number or letter which is
illustrated on a plat recorded in the office of the Clerk and Recorder for Pitkin County.
Lot area. The total horizontal area contained within the lot lines of a lot, or other parcel of land. (See, Supple-
mentary Regulations - Section 26.575.020, Calculations and Measurements).
Lot depth. The shortest horizontal distance between the front and rear lot lines.
Lot line, front. The line normally closest to and/or dividing a lot from a street or street right-of-way.
Lot line, rear. The lot line opposite the front lot line.
Lot line, side. The lot lines other than front or rear lot lines.
Lot width. The horizontal distance between the side lot lines as measured along the front yard setback line.
Manufactured home. A single family dwelling unit which is partially or entirely manufactured in a factory or
at some location other than the site of final construction and installation. A manufactured home is installed on an
engineered, permanent foundation and has brick, wood, or cosmetically equivalent siding and a pitched roof. A
manufactured home is certified to the National Manufactured Housing Construction and Safety Standards Act of
1974, 42 U.S.C. 5401, et seq., as amended.
Mobile home. A detached, transportable, one -family dwelling unit intended for year round occupancy, and
containing sleeping accommodations, flush toilet, a tub or shower bath, kitchen facilities with plumbing and electri-
cal connections intended for attachment to outside systems. All mobile homes must be certified to the National
Manufactured Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq., as amended. A mobile home
shall be made to be readily moveable as a unit on its own running gear and designed to be used as a dwelling unit
with or without permanent foundation, but to be installed in either a permanent or semi -permanent manner. A mo-
bile home is not licensed as a recreational vehicle or park model. The phrase "without a permanent foundation" in-
dicates that the support system/chassis is constructed with the intent that the mobile home placed thereon may be
moved from time to time at the convenience of the owner.
ti.Q .. AA i+-st A96,o.K C�- 3)
A parcel or area of land zoned NMI? ) upon which two or
more mobile homes, occupied or intended to be occupied for a dwelling, are located for any period of time, regard-
less of whether or not a charge is made for such accommodations, and whether or not the mobile homes and/or land
are owned by the occupants.
Motel. Same as "Hotel."
Neighborhood. The area adjacent to or surrounding existing or proposed development characterized by com-
mon use or uses, density, style and age of structures and environmental characteristics.
Net leasable commercial and office space. Those areas within a commercial or office building which are, or
which are designed to be, leased to a tenant and occupied for commercial or office purposes, exclusive of any area
including, but not necessarily limited to, areas dedicated to bathrooms, stairways, circulation corridors, mechanical
areas and storage areas provided, however, that these areas are used solely by tenants on the site.
15
2. Temporary political signs. Temporary political signs announcing political candidates seeking public of-
fice, political parties, or political and public issues shall be subject to the following:
a. Type. The temporary political sign shall be a wall sign or banner.
b. Number.
(1) Private property. There shall not be more than one temporary political sign for each use.
(2) Public right-of-way. There shall be no temporary political signs permitted on or located in the
public right-of-way or on public property.
C. Area. The area of temporary political signs shall not exceed four (4) square feet.
d. Height. Temporary political signs shall not project higher than the eave line or parapet wall of that
portion of the principal building in which the applicant who applied for the sign is located, if it is a wall sign.
e. Duration. Temporary political signs may be erected or maintained for a period not to exceed thirty
(30) days prior to the date of the election to which such signs are applicable, and shall be removed within seven (7)
days following such election. Temporary political signs concerning issues or candidates which are not on a ballot
may be maintained for a period not to exceed thirty (30) days.
3. Temporary sale signs. Temporary sale signs, announcing special sales of products and services, shall be
subject to the following:
sale.
a. Type. The temporary sale sign shall be placed in the window or windows of the business holding the
b. Number. There shall be permitted not more than one (1) temporary sale sign in any window, and a
total of not more than three (3) temporary sale signs for each use.
c. Area. Each temporary sale sign shall not exceed three (3) square feet.
d. Duration. Except for the end -of -season period of March 1 through April 15, temporary sale signs
may be maintained for a period not to exceed fourteen (14) days, and shall be removed at the end of the fourteen
(14) days or on the day following the end of the sale, whichever shall occur first, and shall not be replaced for at
least three (3) months following the removal of the sign(s).
Temporary sale signs may be maintained during the end -of -season period of March 1 through April 15
provided that they are removed following the end of the sale and no temporary sale sign has been displayed for a
period of thirty (30) days immediately preceding the display and, provided further, that no temporary sale signs
shall be permitted for a three (3) month period following the display of end -of -season signs.
26.510.130 Zone district sign restrictions.
A. Residential uses. For all residential uses, only temporary signs permitted under Section 26.510.120 and the
following signs are permitted and then only if accessory and incidental to a permitted or conditional use:
195
Home occupation, multiple -family dwelling complex, orfnebile+mmepark identification signs.
a. Type. The home occupation, multiple family dwelling comple4x o identification
signs shall be freestanding signs or walFsigns.
b. Number. There shall be not more than one freestanding or wall sign per home occupation, or per
street entrance of a multiple -family dwelling complex or ale-heme-wk.
c. Area. The area of the sign shall not exceed two (2) square feet per dwelling unit, and shall not ex-
ceed a total of twenty (20) square feet.
d. Illumination. A home occupation identification sign may be illuminated only when it is identifying a
home occupation of an emergency service nature. A multiple -family dwelling complex or mobile herne-park identi-
fication sign may be illuminated. s -
B. Institutional uses. For all church, school and public administrative building uses, only temporary signs permit-
ted under Section 26.510.120 and the following signs are permitted and then only if necessary and incidental to a
permitted or conditional use:
1. Church, school or public administrative building identification signs.
a. Type. The church, school or public administrative building identification sign shall be a freestanding
or wall sign.
b. Number. There shall be not more than two (2) signs permitted along the lot frontage on any one
street, not to exceed a total of four (4) signs per lot, subject to the area requirements in Section 26.510.130 (13)(1)(c).
c. Area.
(1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet.
(2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet.
(3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one
street shall not exceed one square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by
or projected from the building within which the principal use is conducted. The aggregate sign area permitted along
the lot frontage on any alley shall be computed as if the alley were a street. In no case shall the aggregate sign area
for any one use on any one frontage exceed twenty (20) square feet.
(4) Illumination. The sign may be illuminated except when located in a residential zone district.
C. Recreation club or open use recreation site uses. For all recreation club or open use recreation site uses, only
temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if neces-
sary and incidental to a permitted or conditional use:
1. Recreation club or open use recreation site designation signs.
196
• •
PART 700 - ZONING DISTRICTS
26.710 ZONE DISTRICTS
26.710.010
General purpose.
26.710.020
Zone districts established.
26.710.022
Zoning of lands containing more than one underlying zone district
26.710.024
Zoning of vacated areas
26.710.030
Official zone district map.
26.710.040
Medium -Density Residential (R-6).
26.710.050
Moderate -Density Residential (R-15).
26.710.060
Moderate -Density Residential (R-15A).
26.710.070
Moderate -Density Residential (R-15B).
26.710.080
Low -Density Residential (R-30).
26.710.090
Residential Multi -Family (R/MF).
26.710.100
Residential/Multi-Family (R/MFA).
26.710.110
Affordable Housing/Planned Unit Development (AH/PUD).
26.710.120lti
26.710.130
Rural Residential (RR).
26.710.140
Commercial Core (CC).
26.710.150
Commercial (C-1).
26.710.160
Service/Commercial/Industrial (S/C/I).
26.710.170
Neighborhood Commercial (NC).
26.710.180
Office (0).
26.710.190
Lodge/Tourist Residential (L/TR).
26.710.200
Commercial Lodge (CL).
26.710.220
Conservation (C).
26.710.230
Academic (A).
26.710.240
Park (P).
26.710.250
Public (PUB).
26.710.260
Open Space (OS).
26.710.270
Wildlife Preservation (WP).
26.710.280
Transportation Overlay (T) zone district.
26.710.290
Drainage Overlay (D) zone district.
26.710.300
Golf Course Support Overlay (GCS) zone district.
26.710.310
Lodge Overlay (L) zone district.
26.710.320
Lodge Preservation Overlay (LP) zone district.
26.710.330
Ski Area Base (SKI)
264
8.Maximum site coverage.
9.Maximum height (including view planes).
10. Minimum distance between buildings on the lot.
11. Minimum percent open space required for the building site.
12. Trash access area.
13. Allowable Floor Area.
14. Minimum off-street parking spaces.
15. Other dimensions determined necessary to establish through the PUD process.
Note #1: The maximum allowable density permitted in this zone shall be established by adoption of a Final
PUD Development Plan by using the following table applied to the proposed fathering parcel as a guide:
Unit Type
Minimum Lot Area* per dwelling unit
(square feet)
Dormitory
300
Studio
400
One Bedroom
500
Two Bedroom
1000
Three Bedroom
1500
3+ Bedrooms
500 Bedroom
Note #2: The allowable floor area permitted in this zone shall be established by adoption of a Final PUD
Development Plan by using the following table applied to the proposed fathering parcel as a guide:
Fathering parcel Lot Area*
Allowable Floor Area Ratio
0--15,000 square feet
L I A
15,001--25,000 square feet
1:1
25,001-43,560 square feet
.8:1
>1 acre--3 acres
.6:1
>3 acres--6 acres
.36:1
>6 acres
.3:1
* Lot Area as defined in the Land Use Code.
(Ord. No. 55-2000, §22)
ems`k
26.710.120 ome ar ).
A. Purpose. The purpose of the ResideHtiaHvfvb' �) zone district is to provide for the use of
land to locate manufactured housing for intensive long-term residential purposes, with customary accessory uses
and less intensive office uses. Recreati nal and- mstitut' nal uccumarily found in proximity to residential uses
are included as conditional uses. The e` t .a kl-(MHP) zone district shall be located in areas
where the effect on surrounding property shall be minimized, where the health, safety and general welfare ofRwi-
tttt�'"
^ "^-' zone district residents and others will be protected and where the topography is
UZ 3� 287
• , IP Q"' �g, 3�
suitable for the permitted uses and conditional uses allowed to the zone dis-
trict.
B. Permitted uses. The following uses are permitted as of right in the zone
district:
1. Mobiloq_Tme park;
2. Home occupations;
3. Accessory buildings and uses; and
4. Accessory dwelling units meeting the provisions of Section 26.520.
C. Conditional uses. The following uses are permitted as conditional uses in the rk
P)-zone district, subject to the standards and procedures established in Chapter 26.425:
1. Park and open use recreation site;
2. Public and private academic school;
3. Church; and
4. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and condi-
tional uses in the Residei*ia P) zone district:
0. � . tZ ,
1. Minimum lot size (square feet): 3,000.
2. Minimum lot area per dwelling unit (square feet): 3,000.
3. Minimum lot width (feet): 40.
4. Minimum front yard setback (feet): 5 (excluding hitch on mobile home).
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 5.
7. Maximum height (feet):
Administrative service buildings: 25.
All other structures: 15.
8. Minimum distance between principal and accessory buildings (A): 5.
9. Percent of open space required for building site: No requirement.
288
•
is
MEMORANDUM
To: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Jo�son, De uty Director
FROM: -fie
RE: Mobile Home Park Zone District Title Amending Section 26.710.120 — Code
Amendment. Public Hearing Resolution No. , Series of 2001
DATE: August 21, 2001
APPLICANT:
Smuggler Homeowners Association
REPRESENTATIVE:
Mark P. Hesselschwerdt
ADDRESS:
Smuggler Mobile Home Park
P.O. Box 2522
Aspen, CO 81612
ZONING:
Residential obil ome Park (MHP)
CURRENT LAND USE:
Single Family Residential with a
Planned Unit Development Mobile
Home Park
PROPOSED LAND USE:
Single Family Residential
SUMMARY:
The Board of Directors for the Smuggler
Homeowners Association represents the Smuggler
Park Subdivision and requests that the title of the
Residential/Mobile Home Park (MHP) Zone
District as the Land Use Code and Official Zone
District Map be changed to exclude the words
Mobile Home Park. The applicant states that this
title, Mobile Home Park, is causing difficulty in
the refinancing of homes located in the Smuggler
Mobile Home Park. Owners are finding it difficult
to borrow large amounts of money for a mobile
home and for a small lot in Aspen. This causes
difficulty in the refinancing of homes located in the
Smuggler Mobile Home Park. The applicants feel
that the name of the zone district itself serves as an
impediment.
Staff would like to note that this is only
a title change and not a change in the
district standards.
Process:
Amendment to the Land Use Code and Official Zone District Map
➢ To determine if the application meets the standards for amendment to code text or
official zone district map.
➢ Recommendation to City Council
Review
In reviewing an amendment to the text of this Title or an amendment to the official zone district
map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
➢ Staff Finding:
o The changes regarding the proposed amendment have been
made throughout Title 26. This is only a title change that
continues to remain consistent throughout the Title with no
conflicts.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
➢ Staff Finding.
o The change in title continues to refer to the district standards
and remains consistent with the elements of the Aspen Area
Community Plait.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
➢ Staff Finding:
o The proposed amendment is compatible with the surrounding
zone districts and land uses, and will not change the
characteristics of the neighborhood. The land use pattern will
not change, as the specific dimensional standards for the zone
district will not be affected.
D. The effect of the proposed amendment on traffic generation and road safety.
➢ Staff Finding:
o Being that this is only a title change, no new development will
occur or is proposed regarding this proposal. There will be no
effect or negative impacts of this proposed amendment on traffic
generation and road safety.
E. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
➢ Staff Finding:
o This is only a title change and has nothing to do with any type
of development regarding public facilities and will not change
any district standards.
2
•
•
F Whether the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
➢ Staff Finding:
o The title change will not affect the district standards. The
standard remains the same and continues to have no impacts on
the natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
➢ Staff Finding:
o Considering this is only a change of the title to the mobile home
park, it will continue to remain consistent and compatible with
the community character in the City of Aspen.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
➢ Staff Finding:
o The only change that will occur will be the title, no other
changes are proposed. The amendment will not affect the
subject parcel or the surrounding neighborhood. No conditions
will be changed per a condition of approval.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
➢ Sta_ff Finding:
o The purpose and intent of this amendment continues to remain
consistent with the original intent of the Mobile Home Park
Zone District and therefore continues to remain in harmony
with this Title.
Staff has seawbad all the sections in the Aspen Land Use Code Title 26 that referenced
the Mobile Home Park zone district. The sections are stated below with the old language
having a "strike out" through it and the new language documented in italics.
3
Definitions
Original text:
A parcel or area of land zoned
upon which two or more mobile homes, occupied or intended to be occupied for a
dwelling, are located for any period of time, regardless of whether or not a change is
made for such accommodations, and whether or not the mobile homes and/or land are
owned by the occupants.
New text:
High Density Residential (R-3). A parcel or area of land zoned High Density
Residential (R-3) upon which two or more mobile homes, occupied or intended to be
occupied for a dwelling, are located for any period of time, regardless of whether or
not a change is made for such accommodations, and whether or not the mobile homes
and/or land are owned by the occupants.
26.710.120 Zone Districts
Original text:
26.710.120 Aaoidientiol Mobile u^mc> Park (Ml4P4
New text:
26.710.120 High Density Residential (R-3)
Original text:
26.710.120 Residential Home Park (MHF).
A. Purpose. The purpose of the Resi.io„ti-al Ad^t,ilu u^,,,o PaFk (MI4n4 zone distri
is to provide for the use of land to locate manufactured housing for intensive long -tern
residential purposes, with customary accessory uses and less intensive office uses.
Recreational and institutional uses customarily found in proximity to residential uses
included as conditional uses. T�'� l\A^L,ilo 149me n.,ry (MI4n4 zone district
shall be located in areas where the effect on surrounding property shall be minimized,
where the health, safety and general welfare ofM-e-b-ile Me -me Park (N414R)
zone district residents and others will be protected and where the topography is suitabl
4
topography is suitable for the permitted uses and conditional uses allowed in the
zone district.
New text:
26.710.120 High Density Residential (R-3)
A. Purpose. The purpose of the High Density Residential (R-3) zone district is to
provide for the use of land to locate manufactured housing for intensive long-term
residential purposes, with customary accessory uses and less intensive office uses.
Recreational and institutional uses customarily found in proximity to residential uses
are included as conditional uses. High Density Residential (R-3) zone district shall be
located in areas where the effect on surrounding property shall be minimized, where
the health, safety and general welfare of High Density Residential (R-3) zone district
residents and others will be protected and where the topography is suitable for the
permitted uses and conditional uses allowed in the High Density Residential (R-3)
zone district.
26.710.120 (B)
Original text:
B. Permitted uses. The following uses are permitted as of right in the Residential
A -e-b- le Heme, Dark (> UR) zone district:
New text:
B. Permitted uses. The following uses are permitted as of right in the High
Density Residential (R-3) zone district:
26.710.120 (C)
Original text:
C. Conditional uses. The following uses are permitted as conditional uses in the
Residential Aa„h;lo ueme park (MI4v) zone district, subject to the standards and
procedures established in Chapter 26.425:
New text:
C. Conditional uses. The following uses are permitted as conditional uses in the
High Density Residential (R-3) zone district, subject to the standards and procedures
established in Chapter 26.425:
•
•
26.710.120 (D)
Original text:
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the uo-si,-o„+i-ai -M- bile u„me Pork (N414P4 zone
district:
New text:
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the High Density Residential (R-3) zone district:
Staff concludes that the ri quest to change the existing title ol�4HP)Residential/Mobile
Home Park Zone District t' o High Density Residential (R-3) has been reviewed per
-Section 26.310.040 Standards of Review. The change in title has no adverse impacts and
will benefit the homeowners located in the Smuggler Mobile Home Park and decrease
the difficulty in obtaining financing for their homes.
Y1PYeY1Pn4i v n4.+�r 1:._..1.. o probierns
it }his mw ment.
�
STAFF RECOMMENDATIONS d--�
Staff recommends approvals the Code Amendment to Section 26.710.120 that will .et y
change the title of the Residential/Mobile Home Park Zone District (MHP) to High Density
Residential (R-3) Zone District.
Recommended Motion:
"I move to approve Resolijtion No. Series of 2001, allowing a Code Amendment that will
�e -4y change 4 e 44a of Aesidential/Mobile Home Park Zone District to be -we erd High
Density Residential (R-3), finding that the standards of review have been ca�7d-i#�
impacts t.
2
•
RESOLUTION NO.
(SERIES OF 2001)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING&KROVAL FOR A CODE AMENDMENT
TO CHANGE THE TITLE OFT SIDENT AL/MOBILE HOME PARK (r-6-e
ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, CO
—7-0 1) IV, s s 1 LORAD(-
SMUGGLER MOBILE HOMi PARK
WHEREAS, the Community Development DepartrrjtntjXeqeived an application
from Smuggler Homeowners Association applicants, -Mark P. Hesselschwerdt,
requesting a code
amendment to change the title of the Residential/Mobile Home Park Zororle District, and
WHEREAS, pursuant to Sections 26.310.040, the Plann' g and coning
Commission, in accordance with the procedures, standards, and lim' tions of this
Chapter, shall by resolution approve, approve with conditions, or a Code
Amendment application for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Community Development Department pursuant to
Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendment application for a change in title for the Residential/Mobile Home Par one
District pursuant to Section 26.310.040 and recommended approval; and,
WHEREAS, during a duly noticed public hearing on August 21, 2001, the
Planning and Zoning Commission conducted a public hearing, considered the
recommendation of the Community Development Director and took public testimony for ,n n,nn
a Code Amendment that w ld change the title of the Residential/Mobile Home Park �-�Yy J
Zone District to be rename&R 3JHigh Density Resid&tial; and,
WHEREAS, the Planning and Zoning Commission finds that the Code Amendment
proposal meets or exceeds all applicable amendment standards and that the approval of the
Code Amendment, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
•
•
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment p lication for a change in title of the Residential/Mobile Home
Park Zone District t(R-3, High Density Residential is approved with the following
condition! (rn W
1. The title change from Residential/Mobile Home Park Zone District te- 33'
High Density ResidentialAhall not change any other district standard
regarding this zone. r Q`J,3)
Section 2•
All material representations and commitments made by the applicant pursuant to the Code
Amendment approval as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional 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.
Approved by the Commission at its regular meeting on August 21, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk