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HomeMy WebLinkAboutcoa.lu.ec.Smuggler Mobile Home Park.1982-EC-05Smuggler Mobile Home Park (Parcel C) 0 ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925.2020 LAND USE APPLICATION FEES City 00113 - 63721 47331 52100 GMP/CONCEPTUAL 63722 47332 52100 GMP/PRELIMINARY 63723 47333 52100 GMP/FINAL 63724 47341 52100 SUB/CONCEPTUAL 63725 47342 52100 SUB/PRELIMINARY 63726 47343 52100 SUB/FINAL rye 63727 47350 52100 EXCEPT/EXEMPTION 63728 47350 52100 REZONING 63729 47360 52100 SPECIAL REVIEW SUB-TOTAL�,1�,/t/� County 00113 63711 47331 52200 GMP/GENERAL 63712 47332 52200 GMP/PRELIMINARY 63713 47333 52200 GMP/FINAL 63714 47341 52200 SUB/GENERAL _ 63715 47342 52200 SUB/DETAILED 63716 47343 52200 SUB/FINAL 63717 47350 52200 SPECIAL REVIEW 63718 47350 52200 REZONING 63719 47360 52200 SPECIAL APPROVAL SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 - 09100 - 52200 COUNTY CODE 63063 09100 52200 ALMANAC 63062 09100 52300 GMP 63066 09100 52300 COPY FEES 63069 09100 OTHER SUB -TOTAL TOTAL vt� I Name: Ph��on��e- , Address: Pr1SjLfct: i Check No.� Date: Additional Billing: No. of Hours:—` CITY OF ASPEN 6 MEMO FROM COLETTE PENNE 11 s 2-7 - i INSUBSTANTIAL AMENDMENT TO APPROVED PUD OR SPA PLAN Application Package Contents Attached is a Development Application package for submission of your application. Included in this package are the following attachments: 1. Application Form 2. Description of Minimum Contents of Development Application 3. Description of Specific Contents for Submission of your Application 4. Copy of Review Standards for Your Application 5. Public Hearing Notice Requirements Summary 6. General Summary of Your Application Process Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 2 and 3. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 4. You can determine if your application requires that public notice be given by reviewing Attachment 5. Table 1 of that attachment will tell you whether or not your application requires notice and the form the notice should take. Your responsibilities in this regard are summarized in the cover explanation to the table. We strongly encourage all applicants to hold a pre_ -application conference with a Planning Office staff person so that the requirements for submitting a complete application can be fully described to you. Please also recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. appcover ATTAQM21T 1 LAND USE APPLICATION FORM 1) Project Name 2) Proj ect location 3) 5) (indicate street a&kess, lot & block number, legal description where approprL �e) Present Zoning 4) I -at Size Applicant's Name, Address & Phone 6) Representative's Name, Address & Phone # 7) Type of Application (please check all that apply)_ Conditional Use Conoeptual SPA Ooneep 1. Historic Dev. Special Review Final SPA Final Historic Bev. 8040 GYeenline Conceptual PUD Minor Historic Dev. Stream Margin Final PUD Historic Bemlltson Mountain View Plane Subdivision Historic Designation C ondcm i n i t m, i za tion Zhxt/Map Amendment GMZ tS Allotment lot SPlit%Lot Iinve GMDS Exemption Adjustment 8) Description of Existing ng Uses (number and type of existing ems; approximate sq- ft. ; number of bedrooms; any previous approvals granted to the propertY) - 9) Description of Development Application -iz 10) have you attached the following? Response to Attachment 2, Minimum S ibmiss ion Contents Response to Attachment 3, Specific Submission Clontents Rr�-portse to Attacm e-ITt 4, Review Standards for Your Application ATTACHMENT 2 Minimum Submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials. 1. The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A written description of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the review standards relevant to the Development Application. attach2.applications ATTACHMENT 3 Specific Submission Contents: Insubstantial Amendment or Exemption Approval By Planning Director The request for Planning Director approval of an Insubstantial Amendment or Exemption shall contain the following items: 1. A written description of the existing conditions on the property which are requested to be altered via the amendment or exemption. 2. Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed amendment or exemption. 3. A listing of all previous development approvals granted to the property, with the approximate dates of said approvals. 4. A copy of any recorded document which affects the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red -lined" onto a copy of the original document. at3.insubstantial ATTACHMENT 4 Review Standards: Development Application for Insubstantial Amendment to Approved PUD or SPA Plan 1. An insubstantial amendment to an approved Final Development Plan may be authorized by the Planning Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. The following shall not be considered an insubstantial amendment: a. A change in the use or character of the development. b. An increase by greater than three (3%) percent in the overall coverage of structures on the land. C. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. d. A reduction by greater than three (3%) percent of the approved open space. A reduction by greater than one (1%) percent of the off-street parking and loading space. A reduction in required pavement widths or rights -of -way for streets and easements. An increase of greater than two (2%) percent in the approved gross leasable floor area of commercial buildings. An increase by greater than one (1%) percent in the approved residential density of the proposed develompent. i. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. The Planning Director's evaluation shall compare the proposed amendment to the original approval and if any other amendments have been approved since the original approval, shall consider the cumulative impacts of all approvals granted. 2. All other modifications shall be approved pursuant to the terms and procedures of the Final Develop- ment Plan, provided that the proposed change is consistent with or an enhancement of the approved Final Development Plan. If the proposed change is not consistent with the approved Final Development Plan, the amendment shall be subject to both Conceptual and Final Development Plan review and approval. 3. During the review of the proposed amendment, the Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community conditions. This shall include, but not be limited to, applying to the portions of the development which have not obtained building permits or are proposed to be amended any new community policies or regulations which have been implemented since the original approval, or taking into consideration changing community circumstances as they affect the project's original representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process. 4. In the absence of an approved Final Development Plan, an accurate improvements survey of existing conditions may be substituted to permit evaluation of whether the proposed activity is an insubstan- tial or other change to the site. at4.amend.pud F TO FROM MEMORANDUM Aspen City Council Colette Penne, Planning Office RE: Smuggler Mobile Home Park - Subdivision Exception for Parcel C and Amendment to SPA Plan _l DATE: August 9, 1982 APPROVED AS TO FORM: Location: Parcel C, Smuggler Mobile Home Park Subdivision Zoning: SPA Applicant's Request: Subdivision exception and amendment to the SPA Plan for the purpose of forming 17 fee simple lots to assist in obtaining financing for the employee units which were approved as part of the Smuggler Mobile Home Park Subdivision. Referral Comments: Acting City Housing Director This appears to be in agreement with the subdivision agreement. Engineering Department 1. The plan as submitted does not indicate adequate separation between the water and sanitary sewer lines. 2. All water mains shall be ductile iron pipe with isolation valving installed to City specifications. 3. Prior to recordation, the plat should include the following: a. All pertinent certificates; b. Indicate monuments in place; c. Indicate common elements. Planning Office Review: Final plat approval was granted in the subdivision review process for the Smuggler Mobile Home Park on February 22, 1982. In that process, Parcel C was earmarked for providing 17 spaces for new mobile homes to be used for employee housing. These units are restricted to sales and rental price guidelines (following the initial sale) not to exceed "middle income" housing eligibility guidelines. All restrictions and covenants are applicable and will not be affected if this request is granted. The applicant's intention in forming fee simple lots is to qualify the units for financing through the Federal National Mortgage Association (FNMA) loan programs for manufactured housing, or in the event that the FNMA package does not materialize, to make the properties more appealing to local lenders. In terms of FNMA's requirements, the units must be "permanently affixed to a foundation and assume the characteristics of resi- dential property. The purchase of the land and home must represent a single real estate transaction under a state law and must be evidenced by a recorded mortgage or deed of trust." The cooperative ownership of land and individual ownership of mobile homes is not an eligible arrangement. • Memo: Smuggler Mobile Home Park Page Two August 9, 1982 The lots are all 3,000 square feet or greater (meeting Code standards) and this change from cooperative to individual ownership will not result in any different use of Parcel C than that outlined in the subdivision review process. The ownership of individual lots is a cleaner concept for which lenders might be more receptive. Planning and Zoning Action and Planning Office Recommendation: Approval of subdivision exception and amendment to the SPA Plan to form 17 fee simple lots in Parcel C of the Smuggler Mobile Home Park Subdivision with the conditions: 1. The three concerns in the Engineering Department's memo be mitigated. 2. All lots created must comply with the Mobile Home Code area and bulk requirements, 3. Approval of the documents for Parcel C's Homeowners Association and all documents pertaining thereto by the City Attorney to insure cooperation with respect to maintenance, etc., between the new Homeowners Association for Parcel C and the existing Smuggler Mobile Homeowners Association, Council Action If Council concurs with the action of the Planning and Zoning Commission, the appropriate motion is as follows: "I move to approve subdivision exception and to read Ordinance No. 4 b to form 17 fee simple lots in Parcel C of the Smuggler Mobile Home Park Subdivision with the conditions: 1. The three concerns in the Engineering Department's memo be mitigated. 2. All lots created must comply with the Mobile Home Code area and bulk requirements. 3. Approval of the documents for Parcel C's Homeowners Asso- ciation and all documents pertaining thereto by the City Attorney to insure cooperation with respect to maintenance, etc., between the new Homeowners Association for Parcel C and the existing Smuggler Mobile Homeowners Association." "I move to adopt Ordinance No.on first reading." • PUBLIC NOTICE Attachment 6 General Summary of Consent Agenda/Staff Approval Application Process 1. Application Types: The following are the Development Applications which are processed as staff level approvals: * Exempt Historic Development * Exempt ESA Development * GMQS Exemption for remodeling.or reconstruction, minor development to a historic landmark, development of a single family or duplex dwelling or minor expansion of a commercial or office use. * Minor Amendments to approved Conditional Use, Special Review, SPA, PUD, Subdivision or GMQS. 2. Development Review Procedure Summary: The zero step staff approval application process is shown in the attached figures and can be described as follows. Stage One: Attend pre -application conference. The purpose of this one-on-one meeting with staff is to determine whether your development proposal can be processed at the staff level and if so, to identify the materials staff will need to review your application. Stage Two: Submit development application. Based on your meeting with staff, you should respond to the appropriate portions of the application package and submit the requested number of copies of a complete application, with the appropriate processing fee, to the Planning Office. Stage Three: Determination of Completeness. Within five working days of the date of your submission, the application package will be reviewed by a member of the staff. You will be notified in writing of whether the application is complete or if additional materials are required at this time. Stage Four: Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. Within five working days, a memo will be written by the staff member for signature by the Planning Director. ,The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. • • TO: FROM: MEMORANDUM Colette Penne, Planning Office J U L 8 1982 ASPEN / PITKW CO. PLANNING OFFICE Jay Hammond, Engineering Department DATE: July 2, 1982 RE: Smuggler Mobile Home Park Subdivision Exception and Amendment to SPA Plan ------------------------------------------------------------ Having reviewed the above application, and made a site inspection, the Engineering Department has the following comments: 1. The plan as submitted does not indicate adequate separation between the water and sanitary sewer lines. 2. All water mains shall be ductile iron pipe with isolation valving installed to City specifications. 3. Prior to recordation, the plat should include the following: a. All pertinent certificates. b. Indicate monuments in place. C. Indicate common elements. JH/co RECORD OF PROCEEDINGS 100 Leaves FORM •p C. F. -FCK FL S. 1. 6 L. C1.- ORDNIANCE NO. (Series of 1982) AN ORDINANCE AMENDING THE SPA PLAN ADOPTED FOR THE SMUGGLER MOBILE HOME PARK THROUGH ORDINANCE NO. 1 (SERIES OF 1982) TO CHANGE THE OWNERSHIP IN PARCEL C FROM COOPERATIVE OWNERSHIP TO FEE SIMPLE OWNERSHIP FOR EACH LOT WHEREAS, Smuggler Ltd., a Colorado corporation, is the trans- feree of the Aspen Mountain Park partnership and the owners of the property outlined in Exhibit A, anu WHEREAS, Ordinance No. 1 (Series of 1982) adopted a precise plan for land designated Parcel C of the Smuggler Mobile Home Park to provide 17 spaces for new mobile homes for employee housing, and WHEREAS, any amendment to the previously adopted SPA Plan must be made through the same process of ordinance adoption, and WHEREAS, the change from cooperative ownership of the land to 4fee. simple ownership of individual lots is seen as an arrangement to which lenders will be more receptive, and WHEREAS, all restrictions and covenants of the earlier approval are unaffected by this alteration of the SPA Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That an amendment to the SPA Plan for the Smuggler Mobile Home Park Subdivision, adopted through Ordinance No. 1 (Series of 1982) be made which will change the ownership of land in Parcel C from cooperative to 17 fee simple lots. Section 2 If any section, subsection, sentence, cl4use, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and • 0 RECORD OF PROCEEDINGS 100 Leaves FORM •0 C. F. N�FCI(FL B.BM I. such holding shall not affect the validity of the remaining por- tions thereof. c ...... , -- Z A public hearing on the ordinance shall be held on the day of , 1982, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, 130 South Galena Street, 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, Colorado, at its regular meeting held ATTEST: Kathryn S. Koch, City Clerk , 1982. Herman Edel, Mayor FINALLY adopted, passed and approved this day of ATTEST: Kathryn S. Koch, City Clerk , 1982. Herman Edel, Mayor 2 INVUICE ,Stewart Tide of Aspen, Inc. • Box 3050 Aspen, Colorado 81611 INvOICE No. 131.51 r. OArE May 29, P",1 Interwist Inc. The Durant Mall ORDER OF 710 Last Durant Strect L Aspen, Co. 81611 J OUR JOB NO. YOUR CASE NO 7RIEF DESCRIPTION Please show invoice no. on remittance Ownership Report $50.00 East Aspen Toimsite,r Etg of SW,and W11 of ST of 7=10S-rW 15. Michael J. Garrish 16. Anne Peterson 17. David L. Pustolka 18. Parker Quillen and Joan F. Quillen 19. Jeffrey S. Shoaf 20. Charles A. Maple and Bryce M. Maple Although we believe the facts stated are true, this Certificate Ls not to be construed as an abstract of title, nor an optnton of title, nor a guarnnty of title, and it is understood and agreed that Stewnrt Tltl.e of Aspen. Tnr. nelt1wr assumes, nor will be charged with any flnanc•tal. obl.tgatLon or Ilahil.lty whatever on account of any ntntement contnl.ned herein. N fl Dated at Aspen, Colorndn, this 27th day of May A.D. 1.981 nL 8:00 A.M. • I i STE,WART TITLE OF ASPEN, INC. III.I(EBY CERTIFIES from a search of the. books In tias office lhat the adjacent owners of the following described parcel: SEE EXHIBIT A Situated in the County of fltkin, State of Colorado, nppenrs to be vested In tit( - name of: 1. Luke W. Anthony 2. Neligh C. Coates, Jr. 3. Creative Mt. Development, Inc. 4. Richard Ql,. Brownell 5. Lois M. Brownell 6. Jay R. Kuhne Associates of Nevada, Inc. 7. Guy F. Grover 8. Top of Aspen, Inc. 9. Silver King Associates, a Colorado Limited Partnership 10. Silverking Investments, Ltd., a Colorado Limited Partnership 11. Stanley E. Laureski and Rose Marie Laureski 12. County of Pitkin 13. Edwin C. Vare 14. City of Aspen 15. Michael J. Garrish 16. Anne Peterson 17. David L. Pustolka 18. Parker Quillen and Joan F. Quillen 19. Jeffrey S. Shoaf 20. Charles A. Maple and Bryce M. Maple Although we believe the facts stated are true, thl.s Certi.flcnte is not to be construed as an nhstrnct of title, nor an olrtnlon of title, nor a gunrrmty cif title, and it is understood and agreed that Stewart Title of Aspen, Tnc. neither assumes, nor will be charged with any ftnancia.l. obllpatlon or Liability whntevvr on account of any ntntement contained herein. Dated at Aspen, Colorado, this 27th day of May A.D. 1981 at8:00 A. M. sTFWART TITI.F OF A; I'FN, INC. • RY : _ - ---� Vice I'rosldotit f I ?�v Addresses of these adjacent landowners are as follows: 1. 1601 W. Mississippi Denver, CO 80210 2. P.O. Box 4949 Aspen, CO 81612 3. P.O. Box 4949 Aspen, CO 81612 4. P.O. Box 1477 Aspen, CO 81612 5. P.O. Box 164 Aspen, CO 81612 6. P.O. Box 4469 Aspen, CO 81612 7. Route 1 Romley, IA 52329 8. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 9. Box 3263 Scottsdale, AZ 85251 10. Box 3263 Scottsdale, AZ 85251 11. P.O. Box 803 Aspen, CO 81612 12. 506 E. Main St. Aspen, CO 81612 13. 818 Blake Ave. Glenwood Springs, CO 81601 14. 130 S. Galena Aspen, CO 81611 15. P.C. Box 621 Aspen, CO 81612 16. 860 Gibson Ave. Aspen, CO 81611 17. 530 E. Bleeker Suite 5 Aspen, CO 81611 18.'P.O. Box 15156 Aspen, CO 81612 19. P.O. Box 3123 Aspen, CO 81612 20. 927 Gibson Ave. Aspen, CO 81611 s CERTIFICATE OF MAILING I hereby certify that on this 2nd day of July, 1982, a true and correct copy of the Notice of Public Hearing regarding Amendment to SPA Plan - Parcel C of Smuggler Mobile Home Park was deposited into the United States mails, postage prepaid, and addressed to the following: 1. County of Pitkin 506 E. Main Street Aspen, CO 81611 2. Top of Aspen, Inc. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 3. Jay R. Kuhne Jay R. Kuhne Assoc. of Nevada, Inc. P. 0. Box 4469 Aspen, CO 81612 4. Smuggler Mobile Home Owner's Assoc Box 606 Aspen, CO 81612 5. McCulloch Properties, Inc. 16833 E. Palisades Blvd. Fountain.Hills, AZ 35268 • PUBLIC NOTICE RE: Amendment to SPA Plan - Parcel C of Smuggler Mobile Home Park NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, July 20, 1982 at a meeting to begin at 5:00 P.M. in the City Council Chambers, City Hall, 130 S. Galena, Aspen, to consider an application submitted by Smuggler, Ltd., a Colorado Corporation, to amend the adopted SPA Plan for the Smuggler Mobile Home Park for Parcel C by creating seventeen (17) fee simple lots through the subdivi- sion exception process. For further information, contact the Planning Office, 130 S. Galena, Aspen, 925-2020, ext. 223. s/Perry. Harvey Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on July 1, 1982 City of Aspen Account JOB NO. 63 46 • TRACY TITLE, LTD. HEREBY CERTIFIES from a search of the books in this office that the adjacent owners of the following described parcel: PARCEL C, Smuggler Mobile Home Park Subdivision, according to the map thereof recorded April 8, 1982 in Plat Book 13 at Page 25, Situated in the County of Pitkin, State of Colorado, appears to be vested in the names of : 1. Smuggler Mobile Home Owner's Association, a Colorado Cooperative Association 2. Jay R. Kuhne 3. County of Pitkin 4. McCulloch Properties, Inc., a Delaware corporation 5. Top of Aspen, Inc., a Colorado corporation �V iq-z Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Tracy Title, Ltd., neither assumes, nor will be charged with any financial obligation or liability whatever on account of any statement contained herein. Dated at Aspen, Colorado, this 21st day of June A.D. 1982 at 8:00 a.m. l OF, P M E O R A N D M TO: Aspen Mountain Park/Smuggler Trailer Park File FROM: RWH DATE: July 21, 1982 RE: Planning Office Memo re Subdivision Exception Our application for subdivision exception for the creation of 17 new fee simple lots on Parcel C was approved by the Planning & Zoning Commission last night subject to the following conditions: (a) satisfaction of all engineering concerns set forth in its memorandum; (b) all lots created shall comply to the Mobile Home Code area and u1, requirements; and (c) the City Attorney shall first approve any resulting homeowners' association and all documents pertaining thereto to insure cooperation with respect to maintenance and the like between the Smuggler Mobile Home Owners' Association and any resulting new homeowners' association. The latter requirement was imposed by Lee Pardee who felt that there might be a problem in having the Parcel A homeowners' association insure performance by the Parcel C homeowners for things like common maintenance. I assured Lee that issues like common maintenance were already the subject of existing agreements between the homeowners association and Aspen Mountain Park the terms, conditions and obligations of which were binding upon all the successors and grantees of the parties to the contract. I should try to discuss the issue further with Gary Esary who was at the meeting last night and determine if, in fact, he wants me to do anything further by way of an amendment to these agreements or the like. I will also need in the immediate future to prepare appropriate articles of incorporation, by-laws, rules and regulations and the li e for the /Parcel pC homeowners' association. _ ICA) �V t ihA RWH/caa Cj • • LAW OFFICES OATES, HUGHES & KNEIEVICH PROFESSIONAL CORPORATION SUITE 200 600 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN, COLORADO 81611 ROBERT W. HUGHES RICHARD A. KNEZEVICH June 15, 1982 DEBORAH OUINN Aspen City Council 203 S. Galena Street Aspen, CO 81611 Aspen Planning and Zoning Commission 203 S. Galena Street Aspen, CO 81611 Aspen-Pitkin Planning Office Attn: Alan Richman 203 S. Galena Street Aspen, CO 81611 Re: Parcel C, Smuggler Mobile Home Park Subdivision Ladies and Gentlemen: AREA CODE 303 TELEPHONE 920-1700 TELECOPIER 920-1121 Request: Kindly allow this letter to serve as the request of Smuggler Ltd., a Colorado corporation (and the transferee of the Aspen Mountain Park partnership) under Section 20-19 of the City Code, for exception from the strict application of the subdivision review processes in connection with the further subdivision of Parcel C into 17 fee simple lots, more particularly shown and described on the Lot Line Survey of Parcel C which accompanies this request. Background and Purpose of Request. Parcel C of the Smuggler Mobile Home Park Subdivision is one of the four parcels created during the recently concluded subdivision review process for the Smuggler Mobile Home Park, which culminated in final plat approval on February 22, 1982. Parcel C was identified during that process as the parcel on which 17 new mobile homes would be installed for employee housing purposes. The Precise Plan and Subdivision Agreement for Smuggler Mobile Home Park, which was recorded in Book 424 at Pages 780-845 of the Pitkin County real property records, provides as follows: "B. Employee Housing Dedications and Restrictions Pertaining to Parcel C. In consideration of the SPA and subdivision approvals herein granted, the Owner hereby dedicates Parcel C for use as employee housing and hereby covenants with the City that the mobile homes or any other dwelling OATES, HUGHES Sc KNEZEVICH, P. C. Aspen City Council Aspen Planning and Zoning Commission Aspen-Pitkin Planning Office June 15, 1982 Page 2 units to be located on Parcel C shall and hereby are restricted to use as employee housing pursuant to Section 24-11.4(b)(3) of the Municipal Code of the City of Aspen and as such to rental and, except with respect to initial sales by the Owner as hereinafter provided, sales price guidelines and to occupancy limitations not to exceed "middle income" housing eligibility guidelines from time to time established by the City. However, the application of such sales price guidelines shall not preclude the right of the Owner, its successors and assigns to market and sell such mobile homes, at its sole marketing discretion, for up to Seventy Thousand Dollars ($70,000.00), which discretion is hereby confirmed and agreed to by the City. For purposes of the income category into which such initial sales shall be deemed to fall, the City agrees that the income and occupancy housing eligibility guidelines in effect on September 22, 1980, shall apply. Prior to the sale or rental of any mobile home within Parcel C, the proposed purchaser or lessee, as the case may be, shall first have his or her eligibility and qualifications under the guidelines determined and certified in writing by the City or a designated functionary thereof. The City shall be entitled to a fee of up to one-half (1/2) of one percent of the purchase price of the mobile home or ten percent (10%) of one month's rent payable from and at the closing of the sale of the mobile home by the purchaser or at the inception of the tenancy by the tenant, as the case may be, to defray the cost of qualifying prospective purchasers or tenants in accordance with this Agreement. Additionally, the remedies and sanctions applicable in the event of any actual or attempted violation of these guidelines and restrictions shall be as set forth in this Section II, Paragraphs A(1)(e) and A(2)(d). C. Effect of Employee Housing Dedications, Covenants and Restrictions. OATES, HUGHES & KNEZEVICH, P. C. Aspen City Council Aspen Planning and Zoning Commission Aspen-Pitkin Planning Office June 15, 1982 Page 3 None of the employee housing dedications, covenants and restrictions contained hereinabove with respect to Parcels A and C shall be released or waived in any respect during the period they are binding without the prior consent of the City reflected by resolution thereof. The dedications, covenants and restrictions herein set forth shall be deemed to run with the land herein described (Parcels A and C) and to be a benefit and a burden thereto and to anyone acquiring a record interest therein, and the successors, grantees and assigns thereof, as well as being a benefit to and specifically enforceable by the City. The dedications, covenants, and restrictions shall be and remain effective aforesaid for the period of the life of the longest lived member of the presently existing City Council of the City of Aspen, Colorado, plus twenty-one (21) years, or for a period of fifty (50) years from the date of recording hereof in the Pitkin County, Colorado real property records, whichever period is less." Those restrictions and covenants continue to apply and are not intended to be affected and will not be affected by this request or the granting of this request. Rather, the purpose of this request is solely to make the mobile home units to be installed in Parcel C more affordable to employees by making the housing units qualify for Federal National Mortgage Association ("Fanny Mae") mortgage loan programs. This request signifies a first step to that end. Fanny Mae mortgage loans offer far better loan terms (interest rate, term of loan, etc.) than can be obtained in the money market without federally assisted programs. We have accompanied this request with a copy of a Fanny Mae fact sheet for manufactured housing. Among other eligibility requirements, which we hope to meet, Fanny Mae requires that: "The unit must be permanently affixed to a foundation and assume the characteristics of residential property. If manufactured as a mobile unit, the wheels and axles must be removed. OATES, HUGHES & KNEZEVICH, P. C. Aspen City Council Aspen Planning and Zoning Commission Aspen-Pitkin Planning Office June 15, 1982 Page 4 The purchase of the land and home must represent a single real estate transaction under a state law and must be evidenced by a recorded mortgage or deed of trust. (The combination of a chattel and real estate mortgage is not eligible.)" Emphasis in original. In short, the present situation that applies to Parcel C -- i.e., cooperative ownership of land and individual ownership of mobile homes -- has been excluded from eligibility. Housing Office Endorsement. As you may know, we have contracted with the Pitkin County Housing Office for the marketing of the mobile homes to be installed on Parcel C through the Housing Office to qualified employees. We have been asked by the Housing Office (Jim Hamilton) to advise you that the Housing 1 Office does endorse this request and, as well, solicits your approval. The Housing Office correctly sees this request as a first step in a process by which living units of better quality might be made available at lower monthly costs than realistically could be obtained through financing packages in the non -federally assisted money market. Implications. This request seeks only to convert the form of ownership for Parcel C. It does not and, given the continuing effect of the restrictions and covenants that apply to Parcel C and each part and segment thereof, cannot result in a different or more intense use of Parcel C than resulted from the exhaustive and demanding review process that all of us just concluded. The use of Parcel C will remain as a mobile home /facility that complies in all respects with the City's Mobile Home Code set forth in Chapter 14 of the Municipal Code. The only alteration that we perceive from this request is that mobile home lots under individual fee ownership rather than mobile home spaces under lease from a cooperative association would result. This, we feel, will be a very positive feature for those employees who purchase. Cooperatives continue to be something of a mystery to lenders in our area -- fee simple ownership is a known concept and lenders are just that much more receptive. Each of the 17 lots contemplated by this request consists of approximately 3,000 square feet; none are less than that size. Parcel C is a part of the Specially Planned Area that encompasses the entirety of the Smuggler Mobile Home Park OATES, HUGHES & KNEZEVICH, P. C. Aspen City Council Aspen Planning and Zoning Commission Aspen-Pitkin Planning Office June 15, 1982 Page 5 Subdivision. That zoning designation continues to shape and flexibly define the zoning framework for the area. We do not believe that the creation of fee simple lots will have any adverse impact on flexibility in future uses of Parcel C, maintenance, accountability of individual owners, architectural harmony, the enforcement of rules and regulations, or the like. These same objectives can be as equally obtained through covenants, by-laws, rules and regulations under the auspices of a lot owners' association, as through a cooperative. In this respect, any distinction between the two is without difference. Subdivision Exception. Because of (a) the lengthy review process that has already attended Parcel C and the larger area of which it is a part; (b) the fact that this request merely seeks to convert the form of ownership of Parcel C and, hence, just does not implicate the purposes and intents of the subdivision processes; and since (c) we do need a signal from you as soon as possible in order that we might prepare to meet the remaining Fanny Mae eligibility requirements, we believe that this request is appropriate for consideration as an exception to and from the strict application of the subdivision standards and review processes of the Code. We look forward to working with your planning and engineering staffs on this and appreciate the earliest possible setting on your agendas. Thank you for your consideration. Sincerely, OA By RWH/caa Enclosures FEDERAL NAT10SAL MORTGAGE ASS(X:IATION C/ Product Summary • (^Manufactured Housing •-j This summary has been prepared as a quick and ready reference for this product. It will be necessary to refer to the contract supplements and program announcements for complete and detailed guidelines. General Any FHA, VA, or conventional mortgage secured by manufactured housing classified as real property and conforming to the criteria provided below can be submitted under any outstanding FNMA commitment and purchase programs. Mortvaye Eligibility Unless otherwise noted, submission and purchase of these mortgages will be governed by the applicable provisions of the FWA Selling and Servicing Contract Supplements, Program Announcements, and Lender Letters implementing new purchasing programs, not vet incorporate,l in the Contract Supplements. Mortgages secured by manufactured housing units must meet the following requirements: The unit must be permanently affixed to a foun3ation and assu.-ne the characteristics of residential property. If manufactured as a mobile unit, the wheels and axles must be removed. The purchase of the land and home must represent a single real estate transaction under state law and must be evidenced by a recorded mortgage or deed of trust. (The combination of a chattel and real estate mortgage is not eligible.) . The required title insurance policy must: - identify the unit as part of the real property - insure against any loss sustained should the manufactured home be determined not to be part of the real property - insure the mortgage is prior and superior • The mortgage amount must not include the financing of furniture (except for kitchen/laundry appliances and carpeting), credit life insurance, property damage insurance or any other form of insurance. • The unit and land must be taxed as real property. In jurisdictions where real estate taxation is prohibited by law, FNMA will consider submission where the unit is taxed as personal property. The Lender must obtain from the borrower, and retain in the loan file, a written "acknowledgment of intent" specifying that it is the borrower's intent that the unit be a fixture and part of the real property securing the mortgage. The form and content of this acknowledgment may be drafted by the Lender. The government insured or guaranteed mortgages must be insured by FP.A under Title II of the National Housing Act or guaranteed by VA under Section 1810. (Mortgages insured by FHA under Title I or guaranteed under the VA Mobile Home Program are not eligible.) Documentation Requirements The appropriate 1-4 family FNMA/FHLMC Uniform Instruments, or other documents approved by and acceptable to the FNMA regional office, must be used for conventional mortgages. Whether FHA, VA, or conventional, the mortgage or deed of trust must include an identification of the unit by manufacturer, model, and serial nurber. Prooerty Guidelines --Conventional Mortgages •. An eligible unit may be either a single -section or a multisection unit. Single - section units must have a minimum width of 12 feet and contain 700 square feet of living area. 3/15/82 r Units may be located on an individually owned lot, or in a FN.*SA approved subdivision, de minimus PUD, PUD or condominium project. For units in a project not FNMA approved, FNMA will consider waiver of project approval where compatibility, marketability, and value of units can be demonstrated and supported with market data. Only units built after June 15, 1976, are acceptable to FNMA. (Units built prior to June 15, 1976 did not have the benefit of HUD monitored construction standard compliance.) *. All units must meet the following requirements: - Be permanently affixed to a foundation system which meets or exceeds performance requirements of the applicable state or local building code and manufacturer's installation specifications for permanently affixing unit as distinct from mobile home installations. If home is located in an area which is not subject to state or local building codes, the permanent foundation system shall be constructed and the home affixed to meet the performance requirements of the One and Two Family Dwelling Code 1979 edition Building Officials and Code Administrators International, Inc., Southern Building Code Congress International, or Interna- tional Conference of Building Officials. - The foundation should be designed for the soil characteristics and wind loads prevalent to the individual site. - Foundation systems utilizing materials other than poured concrete or cement block masonry will require FNMA approval. Requests for FNMA approval of foundation must have manufacturer's recommendations. *. The property must be comparable to site built housing in the local marketplace. In this regard it would be expected units have a pitched roof, low profile, covered front and rear entry, site built steps and porches. Exterior finish to be real or simulated wood siding, stucco, brick, or a combination. The material may be metal or processed hardboard such as masonite. Lenders are expected to fully comply with FHA/VA appraisal requirements and in the case of conventional mortgages, follow appraisal guidelines established for any conventional mortgage purchased by FNMA. Lender warranties By submitting manufactured housing mortgages for purchase, lender warrants that: Unit was built in accordance with applicable state or local building code, or industrialized housing building code. If unit was manufactured as a mobile home, it was built after June 15, 1976, under the Fe(leral and Mobile Home Construction and Safety Standard (Title VI, Housing and Community Development Act of 1974). . Mortgage is not usurious in the state where the property is located. Delivery For Purchase Mortgage Submission Voucher (F N*SA Form 305) should identify manufactured housing loan by inserting designation "MH" in Block 18 (GNMA Program Number) of the Form 305. Mortgages secured by manufactured housing units are eligible for the Accelerated Delivery Program. Lenders submitting mortgages without the title policy must ensure that the title policy, when submitted within prescribed 90 day time frame, conforms to title policy requirements identified previously. *Southwestern Regional Office Requirements FNMA-SkRO 3/15/82 • MEMORANDUM TO: Paul Taddune, City Attorney City Engineering Department Jim Hamilton, County Housing Director Ron Mitchell, Acting City Housing Director Fire Marshal/Building Department FROM: Colette Penne, Planning Office RE: Smuggler Mobile Home Park - Subdivision Exception for Parcel C and Amendment to SPA Plan DATE: June 21, 1982 Attached please find a request submitted by Smuggler, Ltd., a Colorado corpora- tion, requesting approval to subdivide Parcel C of the Smuggler I'lobile Home Park (Aspen Mountain Park) into 17 fee simple lots for use as employee housing. Since the previous subdivision of the Park was executed in conjunction with an SPA Plan, this is also an amendment to the SPA Plan. This item has been scheduled for the July 20, 1982 City P & Z agenda; please review and send comments by Tuesday, July 6. Thanks! 0 MEMORANDUM TO: Paul Taddune/Gary Esary FROM: Alan Richman RE: Smuggler MHP Application DATE: June 22, 1982 As you are probably aware, we received last week an application by Bob Hughes to subdivide the new park portion of the Smuggler MHP into 17 fee simple lots. In processing this application I have a couple of procedural questions which should be answered upfront. 1. The applicant is requesting subdivision exception for the processing of this application. This seems appropriate since we just completed the detailed review of their plans. How- ever, it seems to me that this request should also be pro- cessed as an SPA amendment, since we recorded the original plat as an exhibit to the SPA. Do you agree with this approach? 2. If we are to process this request as an SPA amendment, it is clear that it will have to go before Council as an ordinance in two readings. We are not clear, however, if a public hear- ing is necessary before P & Z, since we would typically take the applicant through conceptual subdivision and avoid the preliminary plat hearing requirement. Therefore, the question is, do we need to schedule a public hearing for the first step of an SPA approval, We would appreciate your timely response to these questions so that we can advertise for the P & Z public hearing prior to the July 20 meeting, if necessary. Thank you. D ` � -, V'*\ C rt �Al MEMORANDUM TO: Paul Taddune, City Attorney City Engineering Department Jim Hamilton, County Housing Director Ron Mitchell, Acting City Housing Director Fire Marshal/Building Department FROM: Colette Penne, Planning Office RE: Smuggler Mobile Home Park - Subdivision Exception for Parcel C and Amendment to SPA Plan DATE: June 21, 1982 Attached please find a request submitted by Smuggler, Ltd., a Colorado corpora- tion, requesting approval to subdivide Parcel C of the Smuggier Mobile Home Park (Aspen Mountain Park) into 17 fee simple lots for use as employee housing. Since the previous subdivision of the Park was executed in conjunction with an SPA Plan, this is also an amendment to the SPA Plan. This item has been . scheduled for the July 20, 1982 City P & Z agenda; please review and sea comments by Tuesday, July 6. Thanks! r!� �ASP"' ; ?�TKcN C) 'i�i o, •wiwG UFFtCE MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Smuggler Mobile Home Park Parcel C - Amendment to SPA Plan Subdivision Exception, 2nd Reading of Ordinance N 40 DATE: September 13 1982 APPROVED AS TO FORM: U Location: Parcel C, Smuggler Mobile Home Park Subdivision Zoning: SPA Applicant's Request: Subdivision exception and amendment to the SPA Plan for the purpose of forming 17 fee simple lots to assist in obtaining financing for the employee units which were approved as part of the Smuggler Mobile Home Park Subdivision. Referral Comments: Acting City Housing Director This appears to be in agreement with the subdivision agreement. Engineering Department 1. The plan as submitted does not indicate adequate separation between the water and sanitary sewer lines. 2. All water mains shall be ductile iron pipe with isolation valving installed to City specifications. 3. Prior to recordation, the plat should include the following: a. All pertinent certificates; b. Indicate monuments in place; c. Indicate common elements. Planning Office Review: Final plat approval was granted in the subdivision review process for the Smuggler Mobile Home Park on February 22, 1982. In that process, Parcel C was earmarked for providing 17 spaces for new mobile homes to be used for employee housing. These units are restricted to sales and rental price guidelines (following the initial sale) not to exceed "middle income" housing eligibility guidelines. All restrictions and covenants are applicable and will not be affected if this request is granted. The applicant's intention in forming fee simple lots is to qualify the units for financing through the Federal National Mortgage Association (FNMA) loan programs for manufactured housing, or in the event that the FNMA package does not materialize, to make the properties more appealing to local lenders. In terms of FNMA's requirements, the units must be "permanently affixed to a foundation and assume the characteristics of resi- dential property. The purchase of the land and home must represent a single real estate transaction under a state law and must be evidenced by a recorded mortgage or deed of trust." The cooperative ownership of land and individual ownership of mobile homes is not an eligible arrangement. Memo: Smuggler Mobile Home Park Page Two September 13, 1982 The lots are all 3,000 square feet or greater (meeting Code standards) and this change from cooperative to individual ownership will not result in any different use of Parcel C than that outlined in the subdivision review process. The ownership of individual lots is a cleaner concept for which lenders might be more receptive. Planning and Zoning Action and Planning Office Recommendation: Approval of subdivision exception and amendment to the SPA Plan to form 17 fee simple lots in Parcel C of the Smuggler Mobile Home Park Subdivision with the conditions: 1. The three concerns in the Engineering Department's memo be mitigated. 2. All lots created must comply with the Mobile Home Code area and bulk requirements, 3. Approval of the documents for Parcel C's Homeowners Association and all documents pertaining thereto by the City Attorney to insure cooperation with respect to maintenance, etc., between the new Homeowners Association for Parcel C and the existing Smuggler Mobile Homeowners Association, Council Motion: Since all concerns relative to the subdivision exception were handled at first reading, all that is required at the present time is the following motion: "I move to adopt Ordinance No. 40 on second reading." A • C� n Ci cam; � � "• ;1 •, .:; � • I� MEMORANDUM � ' t� .,, •. � .,� :' _ ! � I TO: Colette Penne, Planning Office`NNh%'G OFFICE FROM: Jay Hammond, Engineering Department DATE: July 2, 1982 RE: Smuggler Mobile Home Park Subdivision Exception and Amendment to SPA Plan * ------------------------------------------------------------ Having reviewed the above application, and made a site inspection, the Engineering. Department has the following comments: 1. The plan as submitted does not indicate adequate separation between the water and sanitary sewer lines. 2. All water mains shall be ductile iron pipe with isolation valving installed to City specifications. 3. Prior to recordation, the plat should include the following: a. All pertinent certificates. b. Indicate monuments in place. C. Indicate common elements. JH/co INVOICE Stewart Title of Aspon, Inc. . Box 3050 Aspen, Colorado 01611 . INVOICE No. 13151 o^iE May 29, i^"11 Interw�st Inc. The Durant Mall ORDER OF 710 Last Durant Strect • L Aspen, Co. 81611 J • OUR JOB NO. YOUR CASE NO IRIEF DESCRIPTION Please show invoice no. on remittance Ownership Report $50.00 r b t. East Aspen Toirnsite, Ell of SW%4 and W1 of of 7=10S-G4W 15. Michael J. Garrish 16. Anne Peterson 17. David L. Pustolka 18. Parker Quillen and Joan F. Quillen 19. Jeffrey S. Shoaf 20. Charles A. Maple and Bryce M. Maple 1 Although we believe the facts stated are true, this CertiflCaLe.l.s not to be construed as an abstract of title, nor an opinlon of title, nor a guarnnLy of title, and it is understood and agreed that Stewart TIL1e (of Aspen, Inv. nnithe r assumes, nor will be char.ped with any f inane lal. obl l.gat ton or I. Jah 11.1 ty wh;ILe vr!r on account of any Rtatemcnt conLntned herein. Dated at Aspen, Colel•ndo, this 27th day of May A.D. 1981 ;IL 8:00 A.M. , K&E 19 1154 "0 MCR54N [I O 10 SCALE' SURVE JAMS.;. OF FAK 5U51)I Vl' NOTICE: According to Colorado law you must commence any legal achon based upon any defect In this survey within six years afteryou first discover A Alpine Surveys I ,�`/p��+ such defect. In no event may any action based upon any defect m this survey A 1 e Su �I e J th r be commenced mSurveyed Revisions hereon Post Office Box 1730 more an ten years from the date of the certification shown Drafted 1Jt2. Aspen, Colorado 81611 303 925 2688 Title LOT LINE SURVEY Job No 81 - 177 -2 Client INTM-,W--5T K&E 19 1154 5-05 MC954. N e9°5123�.�i` 17i.45.45 .2r LOT LINE SURVEY PARCEL C SMUGGLER MOBILE HOME PARK SUBDIVISION �ry �s\ F/rQE ', 1 1iH _ 'T£E � V,9LV Ei G S 63� 5 8f 23;42 • E 3 , 3015.7 '.is.FT FT \\!� � 0♦ .30Pp.1 fQ. FZ17 Y? \ \\ N,\ JR311075 4 -IQ. FT - 0 \ 3Q712 5o FT 82 OI 307054 50, FT a G \ r� •\ \ \ 3CDCL4.2 M.FI \ + L CJ VY ♦ \ Y ♦\ �. \\ � 3033.1 :Q. FT \'� ♦ \ 3O4Z 4 f. F7 N304T = FT g� \ LJ F 0 10 20 40 & 100 FT 5CALE: I' a 20' FT. / N 51 \\ SURVEYORS CERTIFICATE K� \ 4 � W �. ��,� � (� I JAME5 F Rff5ER, HEazE13Y CE T-IPY 7-H- iT THIS Mni� �_ / `� OF rAKCF-L C , SMUGGLER MOBILE HOME F/,RK P PowEx �iNE � SUFSDI V151 W^5 I'1ZE�r�EP UNDE-R 1�1Y SUPERV15101`l. \\ E:I-ec-rMfc EA5EM154-3T /�MES i= R.E51=R. JUNE. 1, 1902 LSTS I I 9184 \\/ NOTICE- According to Colorado law you must commence anylegal action A' y --------- so Title LOT LINE SURVEY Job No 51 177 -2 Client INTEI%W-,t5T A 19 1154 "0 MC9544 rlry ry 1 Vr N 8`1°57t IV E 234P.' 1' N 0 10 20 40 a0 60 /00 FT. SCALE: 1" a 20, SURVEYOR'S CERTIFICATE I JAME5 F' SGESI✓R, HffJ?E:t3Y CEP-TIFY FF-V T THIS MAp OF rAKC>✓L C , SMUGGLER MCINLE HOME PARK `JUF3DI V151 WA5 P(ZI=;2AR)=p UhIDER MY SUPff_RYI510N' t AMES f= F-E:DEP. L. 5. 9104 cJUNE 1, IC182 LOT LINE SURVEY PARCEL C • SMUGGLER MOBILE HOME PARK SUBDIVISION 5 Sri 42' E 3001.2-- .F 3075.4 5. PT. - „y� t ov-, Alpine Surveys Surveyed Revisions Title l�T LINE SURVt=7 Job No 81 177-Z based upon any tlefect in may survey within six years after you first discover p0., �-1 Client I 1 17zlN!✓5T such defect.e more tnten years ction baseduponof the survey Drafted Co'I-VZ IDK. be commenced more than ten years from the date of the certification shown hereon Post Office Box 1730 Aspen, Colorado 81611 303 925 2688