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HomeMy WebLinkAboutcoa.lu.su.Smuggler Prelim.46-81 ~ ~'...,-"'~, ..~",- ~ - , ~., No. 1ft, -JI ~ef- ~~~ ' ~!J \\. d-~O", "?.D!-\"CASELOAD SUMMARY SHEET 1 , 03,J City of Aspen ...l..DATE SUBMITTED: (~/<6/ 70 I STAFF: 111av1 ~;(lD1~!fYla~ 2. APPLICANT: A~ppJ\I1 {TIQIJV\'\'Cttv'\ ~rk -=?6.V'1V1l"V'..\'tLp 3. ''REPRESENTATIVE: 00nV\ I-\a.U 1 ~iY1J} TVltU we-.s+ <ReC<.l~ 9~- "'7!7~ '*{&b J-lu~he.bJ Qa<iJ-l7trO, . ~ I, . 4. "PRDJECT MM" SmWle:;~~;:; ~~~:Tzfp~JV4.nI~ ,.5. LOCATION: J/.f lien , fJF 'Y 'h ,'/>>z; It" e..., nd . ~f1r€!-S.f(e~j 01'\ !}he sou.#L ~V\d wecrl- - O?1c1 :nf-~'n &uYlclt ()y? -II1ef)~r#t..aY1c1fa<J 'I, 0P)\ - ::VY'f \\If'(l~Y1a 'C'\j--::p\ctt ~xe.m(2f~ /Vr'--J;,rfyVYt G mf " ' , fH-0"vc\y'7 ~"sanitation District _School District Mountain Bell ~OCky Mtn. Nat. Gas ----- - Parks, State Highway Dept. Holy Cross Electric TOther :),\ '0' \\A'"^J.\o", / ---:;('" ~ ~ '-e.... 6' A.-'tf):; f:kJz _____Flre Marshal/Building Dept. 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC 7. REFERRALS: /Attorney ~);ngineering Dept. 40uSing V _ Water ~City Electric - X Subdivision Exception Exempti on 70:30 Residential Bonus ~Stream Margin _8040 Greenline _View Pl ane _Conditional Use _Other I 8. REVIEW REQUIREMENTS: ...spi'l a1 f J 13 q:> ~ - r fJ.1/1+ 'J. , '- <PH - (i1)r1i; Yll-U,_d iN) t; r ;::]' u \ y.;2l, I q 'tl m+-\sd:dldeJ -\'0'- 01.1.\Y dV, J9f} 'C ' , ""'"" ~..;' ~ .-' , " ,r -. .'11I;.... ''''''''', -, 9. DISPOSITION: / P & z-L Approved J., Denied Date (\. ~ '\ . \ '\ 'id/ .:.q \/ ~ j)(\\t>-~~. ~Uu:' Council Approved Denied Date 10. ROUTING: Attorney Building Engineering Other ~ /~, ~ '-...r 1-"-- '" ......, . , asp ree t 611 Paul J, Taddunc City Attorney November 17, 1983 Gary S. Esary Assistant City Attorney Peggy Carlson Administrative Assistant ,Mr. Michael Lipkin Smuggler Ltd. 910 Gibson Avenue Aspen, Colorado 81611 Dear Mr. Lipkin: In our November 2, 1983, meeting, I learned that Smuggler Ltd. is holding funds in esctow for the installation of storage sheds, on the belief that shed~ are required pursuant to Section 14-2(1) of the Municipal Code. ' As we discussed at bur ~eeting, Section 14-2 specifies that the requi rements I isted the~ein shall "apply except as otherwise per- mitted in Chapter 24 of !the Code". Since the Smuggler Mobile Home Park (including Parcel 0) was approved as, an SPA under Section 24-7.1, et seg., it is ~y opinion that the SPA governs the requirements of Section 114-2. Since the storage sheds are not at this point included on ~he precise plan, I have also concluded that permanent storage sheds may not be installed unless an appro- priate amendment or tecllnical clarification to the precise plan is approved. In this rega~d, the Smuggler Mobile Homeowners Associa- tion has suggested that 1 it will attempt to obtain the necessary amendment or clarificat~on. , , Thus, assuming that Smu~gler Ltd. has contractually agreed to pro- vide the storage sheds ~nd the homeowners association is now interested in 'recouping Ifunds held in escrow for this purpose pending approval of the~r application, these funds can be released without jeopardizing Sm4ggler Ltd.'s obligations under the precise plan and subdivision ag~eement. , Very truly yours, ~ ~ .~'. kL\ Paul J. Taddune City Attorney Concurrence: ~ , i nn, Planning Director PJT/mc cc: , i Smuggler 110bile HOll\eowners Association ,-""./.~.-- _m '.-_ ---------. -'.__.---~'~- ",","" ~ SMUGGLER RUN HOMEOWNERS BOX :5:1.9:1. A~;PEN, CO 1:l:l6:1.? OCT.. ? 13, :l9l'l~, ASPEN/PITKIN HOUSING ~UTHORITY. I ASPEN, CO fH612 DEAP S II~S r. PEP YO UP PEQUEST, THE1FOLLOWING IS A LIST OF UNFULFILLED OBLIGATIONS BY SMUGGLER LTD.. TO T~E SMUGGLEP PUN HOMEOWNEPS ASSOCIATION. I I THESE OBLIGATIONS MUST BE MET BEFOPE THE SMUGGLEP PUN PROJECT IS, COMPLETED.. - PAVING, ? INCH~S ASPHALT OVEP l'l INCHES SUITABLE, COMPACTED BASE, TO ?4 FEfT WIDTH AVEPAGE, FOP 700 L..F.. I - TWO (?) PAVED ~RIVATE PAPKING SPACES PER UNIT I - PAVED GUEST PA~KING - SHED PEBATE TO!HOMEOWNEPS, OR, SHEDS ON LOTS i - FENCE REBATE T~ HOMEOWNERS, OR FENCES ON LOTS i - UNDERGPOUNDING!OF GAS LINES i I - UNDEPGROUNDING!ELECTRICAL LINES .... "I...ANDSCAP ING" , THANK YOU FOR YOUR ATtENTION IN THIS MATTEP.. ",i'C'AN r.ONS'[Y' '[NI" ""\f") .... "',....1 .. ~'!o' TI~EASUREI'~ S~UGGI...EP RUN HOMEOWNEPS ASSOC. CC: CITY COUNCIL MEMIEPS CITY ENGINEEI:~S CITY ATTORNEY BUILDING DEPT.. i MICHAEL LIPKIN, SMUGGLER LTD BPOOKE PETEPSON i ASPEN HOME MORTG~GE FIRST FEDI::.I'~AL SA~INGS OF NEWTON, KS L_ __ ___ __~ " .1"'"'\, ,.-, .. MEMORANDUM .....;....-------- I TO: Aspen City Counc~l, Mayor Herman Edel FROM: , , Alexander E. Lipkin Aspen Mountain P~rk RE: Smuggler TraileriPark Pitkin Reserve " DATE: November 23, 198~ -------------------------------------------------------------------- , i This memo has two purposes: ! 1. To set forth o4r suggestions on completing the review process on which we have b~en working with your staffs for over 14 months trying to comple4e the Settlement A<;lreement of October 7, 1980, among the City, Smug"fler residents and ourselves. I under- stand we are to meet to di~cuss these questions tomorrow and I hope you will consider point 2 of this memo in dealing with the open questions. ! 2. When the Settlament Agreement was arrived at last fall (after a full year of nego~iations following the execution of the Agreement in Principle bet~een the City and ourselves on October 9, 1979), we based our financ~al requirements and resources on a six month review process. (In iview of the exhaustive consideration of the issues which arosequring that year of negotiation, we assumed that our course was somehow on a fast-track review. We were wrong.) Initially we !anticipated beginning the improvements and Park expansion last fa~l, then this past spring, then this fall - and now the best we lor the tenants can hope for is next spring. i At all events, the !eight or nine month delay beyond even a six-month basic review peiriod has had a very serious economic effect on us. This resultsl from a number of factors , including the following: A. Interest chargels at all time high rates on a debt now well over 2 million dOI!lars , arising from the purchase of the land on which to use some oif the free market units, and substan- tial legal, architectural apd consulting fees in dealing with the review process, which has b\3en especially cost,ly in our situation because of the series of personnel changes in several key City departments during the peri~d. (Note: this debt, of course, does not include the obligations! we incurred in the original acquisi- tion of Smuggler Trailer Coprt.) I I I ! I - ,.-, MEHORANDUM Aspen C1ty Council November 23, 1981 Page Two . , , B. Substantial a~ costly concessions on improv~ments at Smuggler in response t~ requests and demands from both the planning staff and the Pa~k tenants. , i C. Our having reduced the number of additional new mobile homes from 26 to l~. This reduction, in view of the basic ground cost and pre~aration of the area, will result in a loss of over 50% of the a~ticipated gain on the new mobile homes. D. Our having re~rained from any rent increases what- ever at Smuggler since Ja9uary of 1979, a period of almost three years. In addition to al] of that, I am now concerned about a need for my partners and ~yself to assume a further serious finan- cial obligation. A propoEfed plan for financing the purchase by the tenants through local!financial sources has not materialized. While I had conunitted our!partnership to financing up to 25% of the financing, i,t now appears that we will have to do much more or the proposed acquisition by the tenants of their own spaces will once again fall,thr01fgh. fact live The economic cons~quence of all of this is simply the that we cannot eithe:rl- go further on f'inancial concessions , with much more delay!without a substantial rent increase. or During the past y~ar and a half, I have spent much of my time in Aspen doing my le~el best to operate within the spirit of cooperation whichfinatly developed among the three parties to this undertaking. There have been points at which this was not easy - especially whe~ the need arose from time 'to time to make significant concessitns to planning, tenant and neighbor- hood concerns, which either were or shDuld have been raised during the negotiations t~at resulted in last fall's Settlement Agreement. I -,......:.,,": . , We are now approa~hing the end of the review process. An agreement covering the! sale of Smuggler to the tenants is right now in the hands ofiSmuggler's counsel and its association for approval and executioh. That agreement is conditioned on acceptable financing (on o/hich we are, prepared to start allover) and on over 1/2 million d~llars of expanded improvements to Smuggler, which ObViOUSly!,gOes far beyond the improvements to d which my partners and I cbnunitted ourselves in paragraph 1 of ~;e- fall's Settlement Agreemert. I I am asking simply that you take these factors into account in dealing with the wrap-up questions we are to discuss with you tomorrow. They ~re these: ME:MORANDUM Aspen City Council November 23; 1981 Page Three "....., ,.-, 1. Park Dedicatio~ Fees. I'Ve have agreed to dedicate some 18 acres of land cont'guous to the site of our proposed Pitkin Reserve project fori permanent open spctce. The terms of this open space dedication~ which admit of only non-vehicular fctths and trctils, are specifically enforcectble by the City of Aspen which; in the dedication, has been expressly designctted as a beneficiary. The ctppraised value of this land far exceeds the combined amount of any1cash in lieu of land payment that might otherwise be imposed 1 as a result of the addition of the six "duplex" structures pr<!>posed for construction at pitkin Reserve and the 17 new mobile homes proposed for installation at the Smuggler Mobile Hom~ Park. See attached calculation. Moreover, the 17 new mobile homes are, pursuant to the Settle- ment Agreement, to augmentithe supply of employee housing. And, as you know, both the numb$r of new trailers and the price at which we are entitled to o~fer them for sale were intended by all as havi.ng'been specifi.q and integral parts of the negotiated settlement and the economic factors that shaped the negotiations. We believe that it is rathelr inconsistent with the spirit of the settlement to significantl~ dilute those economic factors through the imposition of cash subdivision exactions. This is especially so in the case of the trailer park expansion where, with no obli- gation to do so, we have a~ready responded significantly and positively to the open spage concerns of you, the tenants, and the neighborhood by curtai~ing the number of units by some 35%. We therefore propo~e that, pursuant to Section 20-18 of the City <;:ode, our dedic,:,t~<;>n to the publ~c of ~he 18 ac;:res,of land contlguous to our Plt~ln Reserve proJect slte sufflce In . l lieu of a cash park dedicatjion fee, for (a) the 17 new mobile Pv homes at Smuggler;, (b) thei19 free market units of the Settlement .1' I It;" ," Agreement; and (c) the car~taker unit a~ Pitkin Reserve. , ~~ (' 2. Selling Price df New Mobile Homes. Our Settlement ) JP Agreement gave us the righti to sell 26 new mobile homes at ,;/ ,I., $70,000.00 each. As indica[ted above, we have already agreed toll .!i~ l' reduce the number of homes [to 17. In its Resolution granting ft preliminary plat approval, ~he Planning and Zoning Commission ~ O~ has recommended that sale o~ these new mobile homes be restricted to low income housing guide~ines and occupancy limitations. If such restrictions are imposi=d, we will be required to sell the new mobile homes at a virtual loss, considering the cost of the homes, the cost of mobile hpme pad improvements, and land value. Such restrictions, coupled with our hctving ctgreed to reduce the number of new mobile homes, I simply places us intolerably far from the economic context, ~f which all at the time were aware, that led us to enter into t~e Settlement Agreement. More impor- tantly, however, is the fact that in our estimation such . I I, I I I J - - MEMORANDUM Aspen City Council November 23, 1981 Page Fo,lr restrictions just are not at all consistent with the terms of the Settlement Agreement t~at require all of us "fully to cooperate'with each other to the end that the terms, conditions and provisions [of the Agr~ementJ shall be fully implemented and effectual * * *'." ' , , We therefore propo~e that we be permitted the right to sell the new mobile homes for $70,000.00 (or less as market conditions dictate to us) 4nd agree that sales must be made in the manner outlined in thelJuly 16, 1981 memorandum of Brooke Peterson (copy attached), i{rhich was incorporated into the recommendation of the Planning and Zoning Commission granting preliminary plat approval insofar as existing mobile homes are concerned. Essentially, t4e Peterson memorandum proposes de- fined categories of qualif~ed employee or employer purchasers to whom the mobile homes must first be offered for sale. ! i 3. Looping Water $ stem at Pitkin Reserve with Black BirCh/Red Butte Subdivisio s. In its resolution granting pre~ liminary plat approval to the Pitkin Reserve Subdivision, the Planning and Zoning commis~ion recommended that we provide a looped water distribution ~ystem interconnected with the Black' Birch and Red Butte Subdiv~sion. The recoriunendation was in- cluded in the resolution at the behest of the Water Department. In September of 1981 (Le.,! after the reSOlution of preliminary plat approval) the Cityaddpted its Water Management Plan, which results in the restructuri~g of tap and Plan Investment fees. These effect a tripling, of Ithe tap fees per residence over the fees existent at the time qf P & Z's recommendation for looping the water system. However,1 this new fee structure has been created so that the City, rlather than the developer, assumes > the responsibility for the costs and implementation of capital improvements to the system.: We now seek confirmation of this. JI .' iu 4. Undergrounding ~lectrical at Smuggler. In its JL )( recommendation granting prel1iminary plat approval to the smuggler/LIt Mobile Home Park the Planning and zoni~g,commission,recom~ended LJ' j that no overhead electrical or cable w1r1ng be perm1tted 1n the .~r\ Park. The cost involved inl this ,would be in excess of }~V $100,000.00. Yet, as was m~de clear at the meeting of P & Z on ~ August 4, 1981, at which thp resolution of Preliminary Plat Approval actually was voted! upon, the concern against any over- head electrical or cable wiking is not a health and safety con- cern, but an aesthetic one.: Health and safety concerns in res- , pect of wiring have been completely addressed in our joint commitment with the tenants~ to bring the electrical service throughout the Park to code: standards. ! . \L 1// Il 'MEMORANDUM 'Aspen CJ.ty Council November 23, 1981 Page Five. ,-... ,-.. We, therefore, propose that the recommendation or the Planning and Zoning Commis~ion that no overhead electrical or cable wiring be permitted in the Park be denied. I i . " . ASPEN MOUNTAIN PARK by ,Alexander E. Lipkin . I l ! ! t I I , i I ! l t I , ,-\ "R~l'- ~G n.77lry -Ftt-s -ro-T~' It>.N D Vt::..t...U~ , ,.- L,., ~ i1,2~D ;000 - "7 ~ ~Y1~ "FCrcC.c"L- ! I > ~ oFbv Sr-t~ .j r.........S Foe..-- '7 ~ <RTK,"-J 1;. 4371 $00 >' J%---/ "€:43.7)-X /2 .::. 1>4>7; 50D - <612, ~OO ~~~ ~pv"""'7 p~ , ~ tv M"':> i , x 2, ~(fOn- ~ iSr<.-- o"J.-r0 ~ ~ '51; ZSD ~c~ VA.L '-'4---n of,j ~ ~1"2 'If)oo , 1 , - i l-s I, -Z s-o " . _ , I ~16011 "2 $""'0 '"70 -0", APP~'b--p /0 r--ct::"";7 ~ '7 FlJ1",-,>~ Ff'iu 's 't f'AfVc rt"cS I"'OI'C.--- \7 "TTC.,c../L-t=n:",;:> I 6<'''''-''D TI7\;;; ~A J"JD,;\(... 70 ~l::; /'lJ..y. - ~4G uz-- 6tF?: . " "....., , .^"~ ~ .1' y/~ \~~l~(J ~~\~/ f',~lY 1:--\0, ','r,::"I C" i." ""r::l, '-~' n, J", "'i" ',.'""'," ",' 'nri"J'~,h;~::1,' "\\~/::" ::~~;, ~~" ' r,..." "i'.J,,/....' .., ' ",N"-'" ,., f' (' ;:7'.'-""" "-'''''~'-" ' -"._" .,."^.~,{~~ j ~ P_ H :' Ii, 1 :j H C:E" .19 ,'I' nl:, ,J 1-'2.. 81 ,id ~~).._., _~","'_'_':'___ ,,,...~___,,,/L~:;J; ASJ~N / p; CO. ~L%;N:;\HN,G: OfFK:E . -~ <!: -, . CITY.OF"ASPEN , . 130 south gaIena~treet aspen', coIo r ad 0,/'8.1611 'v. ''..</ MENORANDUM DATE: September 25, 1981 TO: Sunny Vann Kathryn Koch Ron Mitchell ~ Paul Taddune''''j \ '" FRO~I; RE: ,Disconnection from the City of a .5+ acre Parcel from Aspen Mounta,in Park Annexed are copies of a letter from Bob Hughes and a proposed ordinance disconnecting a .5+ acre parcel from Aspen Mountain Park. Apparently, the,disconnection is part of the Smuggler SPA/ pun application and was referenced in the settlement agreement. I have reviewed tile applicab.1.e provis ions of the Colorado Revised Statutes as they pertain to annexations, consolidations and dis- 'connections and find the followinSl: 1. The title of Part 5, Article 31, Section 12, C.R.S. reads "Disconnection by Ordinance - Statutory Cities and Towns". Although this title refers to statutory cities, ,I find nothing in the language of Part 5 WhlCh makes a distinction between discon- nection in a home rule city, as opposed to a statutory city. Thus, in' the aosence of any prov is ions ,in the Munic ipal Charter or Code it would appear that the procedu,re set forth in Part 5 should or can apply to a disconnection in Cl. home rule city such as Aspen; 2. Section 31-12-501 sets forth the forlowing proc..dures for disconnection: a. When the owner of a tract of land within and adjacent to the boundary of a city desires to have said tract dis- connected, the owner may apply to the governing body for the enactment of an ordinance disconnecting ~he tract from the city. b. On receipt of the application, it is the duty of the governing body to give due consideration of the applica- tion. ~r: i " ( -~q '! 111. ". 'C. -~.'. . ' I t !' I i i ; - ,.-, Memo to Sunny Vann, Ka~hryn Koch, Ron Mitchell September 28, 1981 Pa,:!", Two c. If the governing body is of the opinion that the best interests 'of the city will not be jeopardized by the disconnection of such tract, ~t sllall ",nact an ord inance effecting such disconnection. d. If the ordinance is enacted, it shal.i be immediately effect~ve upon the required filing with the county clerk and recorder to accolllpl~sh the disconnect~on, and two certified copies shall be filed by the clerk in the off ice of the county clerk and recorder ofl,the county in which the tract lies. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs as provided by Section 24-32-109 C.R.S. 3. Section 31-12-502 provides that ,the disconnected land shall not be exempt from the payment ,of taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of the city while the land was within city limits and which remains unpaid and for the payment of which said land could be lawfully taxed. In connection with this requi'r:ement, I feel it would be appropri- ate for the finance department to certify to the City Council that aJ.l lawfully assessed taxes are paid in advance of the enactment of the disconnection' ordinance. For your information, Section 31~12-503 contains the following provisions, which mayor may not affect the subject parcel: "31-12-503. Future levies - prepayment. When the governing body of such city or town lev.ies,a, tax upon the property within such city or town for the purpose of paying such indebtedness or any part thereof or interest thereon, such governi.ng body has the, authority to levy a tax at the same rate and for tne same purpose on the lar~ so disconnected. The county treasurer shall pay over to such city or town all moneys collected by him on account of such, tax, to be applied only to the payment of such indeutedness. In case the owner of any land so disconnected pays off and discharges a portion of such indebtedness equal in amount to the same proportion of the indebtedness which the valuation for assessment of his land bears to the entire va.iuation for assessment of all the property subject to taxation for the payment of such indebt- edness, calculated according to the last assessment previous --"-"",,.,.. '-';""-"~:'~" '." ,....'..-'l~ "'I. ( ;;j fl. " \ ~ i J , -, . r-. - Memo to Sunny Vann, Kanhryn Koch, Ron Mitchell September 28, 1981 Page Three to such payment', said land shall be exempted from further taxation to pay such indebtedness. Upon such payment being made, the canceled bonds or other evidences of payment of such portion of said indebtedness shall be deposited with the treasurer ,of such city or town, and a certificate shall be given by him stating that such payment has been made." I have reviewed the proposed disconnect.ion ordinance in light of the above requirements and find it acceptable as to form; " Additionally, please be advised that definition of subdivision contained in Section 20-3(s} includes a tract of land which is divided into two (2} or more lots or tracts fortne pur2ose, whether immediate or future, of "transfer of ownership". I'ly memory of the Smuggler PUD/SPA application is that tiLLS property will be deeded to the county once the disconnection has occurred. The City's subdivision regulations thus appear to be applicable, but if approval of the disconnection is contained within the Smuggler PUD/SPA aPPiication compliance with the subdivision regulations has probably been met. I request tnat the planning department assure that the application for disconnect.ion complies with the City's subdivision regulations in this regard. ' PJT:mc '1"'..' ,-..-" "r'.--::;::-- ''''-''':i: ( "'-, .., r" J .' 1""", ,-, L.AW OF"F"ICES LEONARD M. OATES ROBERT W. HUGHES RICHARD A. KNEZEVICH DEBORAH QUINN OATES, HUGHES &. 'KNEZEVICH F'ROFESSIONALCORfll'ORATION SUI1'E 200 600 EAST HOPKINS AVENUe; ASPEN, COL.ORADO Slell 1<E:Gl:.iVi:::O SEP G 1981 nil l.;TUi~N.t,".-:fiFFlCE September 8.; 1981 "'REAeoo!:. 303 TELEt='MONE 920-1700 TE.L!:COPIER: 9201121 Paul Taddune, Esq. City Attorney City of Aspen' 130 S. Galena Street Aspen, CO 81611 Re: Aspen Mountain Park I am enclosing for your review, comment and appropriate action a proposed ordinance disconnecting from the City of Aspen the upper most portion of the Aspen Mountain Park trailer park consisting of 0.5: acres. The statutory ,authority for this'pro- ceeding is, as you know, Section 31-12-:-501 etseq.,C.R.S. 1973. A copy of AMP's application to disconnect also is enclosed. As you also know, we had decided to follow this course on the suggestion of S~nny and Bob Grueter as a means whereby AMP could reserve this portion of the trailer park (pursuant to the Settlement Agreement) and make its gift thereof to the County, all without having to seek amendment to the City's subdivision regulations to accomplish these objectives. Please give me a call should you have any questions. Sincerely, /) OATES, !HUGHES & KNEZEVICH, P.C. By~{ t R rt W. Hughes RWH/caa EnclQs;ures ........ "JC~':".f'>'.,' ~ ", '....,.., , f _. /' '. '~'. .~ "-----. -If ,'! /",",\, ,.-, ORDINANCE NO. '(Series of 198rr-- AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ASPEN RELATIVE TO THE APPLICATION OF ASPIDj; MOUN- TAIN PARK, A COLORADO GENERAL PARTNERSHIP, FOR THE DISCONNECTION OF A TRACT OF LAND FROM THE CITY ,OF ASPEN, AND DISCONNECTING SUCH TRACT FROM THE CITY OF ASPEN , \ \ \ WHEREAS, on February 24, 1981, Aspen Mountain Park, a Colorado general partnership, did file with the City C14rk and there- by did make application to the City Council of the City of Aspen, Colorado for the disconnection of a tract of land, which application is hereto annexed as Exhibit "An, whereby the real property more par- ticularly described in the said application is sought to be discon- nected from the City of Aspen; and WHEREAS, the property described in the said application lies within and adjacent to the boundary of the City of Aspen; and WHEREAS, the City Council of the City of Aspen is of the opinion that the best interests of the City will not be prejudiced by the disconnection from the City of the real property described in the said application in that.. inter 'alia, such disconnection has been applied for in connection with a land use proposal concerning a tract of property of which the real property to be disconnected,is a part, which, land use proposal has sought to preserve a significant source of employee housing within the City. NOW, THEREFORE, be it ordained by the'City Council of the City of Aspen, Colorado as follows: Section 1. The tract of land more particularly described in the Applicatio~ for Disconnection of Territory from the City of Aspen, hereto annexed as EXhibi,t ~'A" is hereby disc,onnected from the City of Aspen, which disconnection shall become effective immediately upon the'filing hereof in the records of the County Clerk and Recorder 'of the County of Pitkin, COlorado, in the manner prescribed in Section 31-12-501, C.R.S. 1973. ,'. ,~ ,1',;....\ ,~ Section 2. The tract of land hereby disconnected shall not be exempted from the payment of any taxes lawfully assessed against it for the purpose' of paying any indebtedness lawfully con- tracted by the City Council of the City of Aspen while such tract was within the limits of, the City of Aspen which remains unpaid and for the payment of which such tract could be lawfully taxed and the provisions of Section 31-12-503, C.~.S. 1973 concerning the authority of the City Council of the City of Aspen in respect of future levies of taxes are hereby incorporated by reference herein. Section 3. The City Clerk of the City of Asp~ is hereby directed immediately to certify and file two copies of this ordinance with the Clerk and Recorder of the County of Pitkin, State of Colorado. Approved ~d adopted by the City Council of the City of Aspen, State o,f Colorado, this day of , '1981. ATTEST: ' City Clerk HE,RM1\N EDEL, MAYOR -2- .It . ,0-- (A :~:':.il.;.,_ APPLICATION FOR DISCONNECTION OF TERRITORY FROM THE CITY OF ASPEN The undersigned applicant, being the landowner within the exterior boundary of the territory de,scribedin Exhibit "A" attached hereto and incorporated by reference herein, which 't.' territory lies within and adjacent to the boundary of the City of Aspen, pursuant and subject to sections 31-12~501 et seq C.R.S. 1973, hereby respectfully applies to the City Council' of the City of Aspen for the enacement of an ordinance disconnect- ing the property above-described from the City of Aspen. DATED: rtlorUCA(j {~{9 r-I ASPEN MOUNTAIN PARK, a COlorado general partnership ! . general ~ EXHIBIT "A" TO ORDINANCE NO.' (Series of 1981) -. "Tf' " :...'''', ""... .... (' ~ :\ V '::';::':"""'" . . : I . A PARCEL OF L.~D SITUA'l'ED IN THE SOUTH 1/2 'OF SECTION 7, TONNSHlp-J,O SOUTH, RANGE 84 \~EST GF THE 6TH P. M., PITKIN COUNTY, COLORADO, BEING NORE FULLY DESCRIBED AS FOLLOltlS: BEGINNING AT A POINT \';HENCE CORNER NO. 5 OF TRACT A, ASPEN TO\VNSITE ADDITION BEARS'S 52047'48" W 35.00 FEET;" THENCE N 45026'09" W 213.77 FEET; THENCE S 81023'42" E 125.00 FEET; THENCE S 89025'42" E 98.00 'FEET; THENCE S 54034'55" E 64.87 FEET; . THENCE S 52047'48"W 153.36 FEET TO THE POINT OF BEGINNING, CONTAINING 0.436 ACRES, NORE OR LESS. EXHIBIT "A" TO APPLICATION FOR DISCONNECTION (ASPEN MOUNTAIN~~ARK" APPLICANT) Dated: rcb~ {~(l{cff "; l i i I I ! I ! I :~; ,. i , l I , ' , "', IS, ,> , J ~, .-, MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning Office RE: Aspen Mountain Park Preliminary Plat Public Hearing DATE: July 2-3, 1981 Zoning: SPA - Specially Planned Area Location: Gibson Avenue at Neale Street 11.804 acres (514,183 square feet) At a special meeting on May 12, 1981, you recommended that Council give conceptual approval to the subdivision applica- tion for the Smuggler Mobile Home Park. .City Council con- curred with your recommendation at their meeting on May 26, 1981, requiring essentially the same 14 conditions you had recommended. The conditions of conceptual approval were as follows: Lot Size: Background: 1. The applicant's revision of the site plan to insure that parcels Band C front on a public or private street; 2. The applicant's agreement to enter into negotiations with the County to resolve the issue of the need for a road in Parcel C; 3. The applicant's agreement to upgrade the sewage system to meet the standards of the Aspen Metro Sanitation Di stri ct; 4. The applicant's agreement to bring the electrical service throughout the park up to Code ,specifications, meeting all comments included in the Electrical Inspector's memorandum dated April 28, 1931; 5. The applicant's agreement to replace all gas lines deemed unsafe by Rocky Mountain Natural Gas; 6. The applicant's revision of the site plan to designate drywells to accommodate :drainage needs; 7. The applicant's revision of the site plan to expand parcel E to a minimum of 15,000 square feet while providing an easement to the homeowner's association to maintain the available open space; 8. The applicant's recognition that due to insufficient road right-of-way, all streets will need to be privately main- tained, including snow removal; 9. The applicant's dedication of right-of-way at the locations identified by the Engineering Department to accommodate, the expansion of Gibson Avenue and Spruce Street; 10. The applicant's agreement to provide all information re- quired by Section 14-3 of the Code prior to review of the conceptual submission by City Council; 11. The applicant's agreement that since insufficient housing price information has been provided to the Planning Office that any conceptual approval by City Council does not necessarily include approval of the employee housing re- strictions proposed by the applicant; /" ~;> ~ ~lEt.,O: Aspen t10untain Park Preliminary Plat Public Rearing July 23, 1981 Page Two 12:. The,cappli cant 'sagreementthatparce 1 'A meet the review criteria entitled "New Standards for Exfsting Parks" while parcel C (andO:if it is developed with mobile homes) meet the revi e~1 criteri a entitled "New Standards for New Parks", to the satisfaction of the Building and Engineering Depart- mnb; " 13.. The applicant's revision of the site plan so that all trailer units have frontage on and direct access to the internal roadway network; and 14. The applicant's agreement to provide an access easement for a third access/egress point for the trailer park from the most suitable location. The applicant returned with a preliminary plat submission which was scheduled as a public hearing for your meeting on July 7, 1981. However, duri ng the course of the revi ew process, the Planning Office and other review agencies uncovered some major problems associated with the request which required some re- visions by the applicant. The nature of these problems is as follows: 1. The applicant proposed the creation of 20 individual lots in Parcel C on which would be located 10 new duplex modular homes. The Code only allows for the creation of new lots through the "Lot Split" exemption to the GMP which permits a single new lot to be created, not twenty. Furthermore, duplex modular homes do not come within the definition of mobile homes, since a mobile home must be a single family residence. Finally, since the duplexes could not be classified as mobile homes and were not to have single management, Parcel C could not be zoned as MHP - Mobile Home Park, and no other existing residential zone district could likely be,:proposed for these units. 2. The Building Department felt that "an improvement survey i,s imperative at this stage" to permit a detailed evaluation of code violations and the establishment of a schedule for future compliance with life, health and safety provisions of the mobile home code. The Planning Office counts 19 separate instances that either the existing park or the proposed new park do not meet provisions of the Code. 3. Comments from the Housing Office regarding resale restrictions and rental guidelines for the existing units were, as yet, un- available. The Planning Office was reluctant to move ahead on such delicate questions as a 70:30 eXl3lUption from the GMP based on new employee units.and creation of a new 90:10 exemption from the Gt-1P based on existing employee units without some clear guidance on the proposed restrictions. The past several weeks have seen some dramatic changes in the nature of the proposal by the applicant. Two basic alterna- tives have been developed to meet the comments of the Planning Office and the requirements of the Code. 1. The applicant could eliminate all of the new trailers pro- posed for the site and develop a five building, 26 unit modular multi-family development similar to the Highland Villas. 2. The ,appltcant could reduce the number of trailers i,n Parcel C to 17 so as to meet minimum lot size requirements. This development would consist of single family trailers and would also propose the elimination of the new trailers in Parcel A and the shifting of trailers within the existing park to meet the requests of the homeowners. ~ r-. MEMO: Aspen Mountain Park Preliminary Plat Public Hearing Page Three July 23, 1981 Planning Perspective: Since this site is zoned SpA, its review process is somewhat different from the other planning proposals you traditionally see. The best way to describe an SPA is that it is similar to two other processes with which you are familiar. First, it is like a PUD because it requires that we look at the site as a whole and adopt wh,at is called a precise plan which established densities, setbacks, open space and similar con- cerns. Like a PUD, it offers the developer the flexibility of tradeoffs such as a variance from basic provisions of the code in return for a plan which works for the whole site. Unlike a PUD however, an SPA is also a process whereby per- mitted and conditional uses, that is, the appropriate zoning for the parcel, are determined. In this respect)it is 1 i,ke a second process you know well -- rezoning, except that unli ke other rezoning, requests by private 1 andowners, an SPA request may be heard by you at any time during the year. Though the Code provides no specific criteria for the review of a rezoning application, the Planning Office has been developing such criteria to include the following: 1. Compatibil ity with surrounding zoning districts as regards neighborhood characteristics, area and bulk requirements and site suitabil ity. 2. Impacts on traffic generation, availability of parking and ability to provide utility service. 3. Impacts on air and water pollution. 4. Impacts on the economy of the community. 5. Whether hardship exists due to the current zoning for the si,te. ___.'.' _,___., . ._...,......'_.. .."",______n._'_'.,... 6. Compatibility with the Aspen Area General Plan, as amended. In effect, adoption of a precise plan for an SPA amounts to a form of comprehensive planning of an area. The Smuggler r'1obi,le Home SPA is an area of almost 12 acres in the east end of Aspen which is an integral part of the corrmunity and which is in dire need of comprehensive, long-range planning. However, for the most part, P & Z and the Planning Office have been forced to work as'problem solvers, concentrating on emergency management rather than anticipating future needs. For a project of this magnitude, the Planning Office feels compelled to remind all parties concerned that we are taking actions today which will affect the community for years to come, requiring that we con- sider what is actually best for all of us and the future of our entire community. However, as we are all aware, a major objective of this entire project has been to place the current tenants of the Park in a position where they can purchase their spaces prior to the October 1, 1981 deadline contained in the Settlement Agree- ment. Even more significantly, the tenants have been 1 iving in what is an admittedly substandard residential environment and are very anxious to have basic improvements to the road and utility systems initiated prior to the winter snows. Finally, the water system improvements program which is now underway citywide will require an adopted plat to permit the installation of a new water main serving the park during the fall of this year. Each of these short-term issues requires that we move quickly in the review of the application before us. However, the Planning Office has been placed in the extremely uncomfortable pos ition of having to respond to a new proposal by the app 1 i- cant each and every week. The applicant's current proposal is /""",-, .,---.', MEMO: Aspen Mountain Park Preliminary Plat Public Hearing Page Four July 23. 1981 Major Review Issues: to move forward with the alternative that shows only 17 new trailers in Parcel C and no new trailers in Parcel A. The Planning and Zoning Commission should recognize. however. that there is a strong likelihood that the applicant will revise the plat fOllowing your review to request approval of the 26 unit mu1ti~family concept. The appl icant hopes, however. to resolve all of your concerns with the existing park to the point that Aspen Mountain Park can proceed with the sale to the tenants and with the physical improvements program. 1. Partitioning the Review Process. The applicants ,are looking for you to provide them with a measure of reliance on whatever conditions you place on your review of the plat before you, recognizing that the proposal for the existing park probably will not need to change in response to changes in the new park area. The Planning Office has had lengthy conversations with the applicant in an effort do dissuade them from asking you to "tie your hands" in any subsequent review of an amended plat. The Planning Office is very uncomfortable with any suggestion which limits your ability to thoroughly and un~ compromisingly review every proposal which comes before you. We believe that issues such as circulation, open space, loca~ tion of trailers. parking and similar ccncerns indicate the interdependence between the two parcels and that a change from 17 mobile homes to 26 modular units can affect the configura~ tion not only of Parcel C but also of Parcel A. Therefore. we recommend that your review of the current application assume that no other alternative is under consideration and that we proceed with a comprehensive review of any other alternative at such time as it is submitted. 2. Resale Restrictions and Rental Guidelines. We have attached a memo from Brooke Peterson summarizing the approach he. Jim Reents and Gail Mahoney recommend for restricting the existing units at the Parkas employee units. In essence. the approach is to qual ify the purchaser of the unit and to require that the owner occupy the mobile home. The market itself will esta~ blish the price the unit will sell for. This memo makes no reference to the 17 new mobile homes which are proposed as twelve 3~bedroom units of 980 square feet each and five 2~ bedroom units of 812 square feet each. In the absence of a housing office recommendation for the new units. the Plan~ ning Office recommends that they be deed restricted to low income quidelines and occupancy limitations which would mean that the 3-bedroom units would sell for $58,000 and the 2~bedroom units would sell for $48.720; 3. 90:10 Amendment. As part of the Settlement Agreement. the City gave Aspen Mountain Park the right to develop 19 free mar- ket units on property outside of the Park site. The City agreed to enact the appropriate enabling legislation to permit these units to be bui 1 twi thout competi ti on under the GMP. The proposed mecharilsm~for-Ihese GMPexemptions is as follows. The applicant will deed restrict the 17 new units as employee housing in a 70:30 exemption (Section 24-11.2(;)) which would create 7 free market units. The additional 12 free market units have been proposed to be created through a new exemption to the GMP. The original premise of the 90:10 code amendment was that for every nine existing units restricted as employee housing, one new free market unit would be created. Due to the change in the number of new employee units to be constructed in the 70:30 arrangement. it has become necessary that the restrictions placed on the existing units create 12 free market units and not the nine which would have resulted from the 90:10. The alter~ native which is now being proposed is an 85:15 which would accompl ish the terms of the settlement agreement. Fallowing is the language for this newly proposed code amendment: Sec. 24~ 1l.2(k) "All residential dwelling units included in a mixed free market/ deed restricted housing project wherein at least 85 percent of the units are existing free market housing which are converted to employee housing by a deed restriction in accordance with r-- \:> ~, MEMO: Aspen Mountain Park Preliminary Plat Public Hearing Page Five July 23, 1981 Section 24-11.4(b)(J) and up to 15 percent of the units are newly constructed free market units. Deed restriction of the existing units shall result in up to, but not more than 15 units of new free market housing. Such projects shall be subject to the special approval of'the City Council, based on the recommendation of the Planning and Zoning Commission, which approval shall include a determination of community need considering, but not 1 imited to, the project's compliance with any adopted housing plan, specifically the number of units to be constructed,and deed restricted, the rental/sale mix of the deed restricted units, and the proposed nature of the restrictions to be placed on the existing units in terms of price and rental categories, limitations on the qualifications of potential occupants of the units and resale restrictions for the units." 4. Location of Trailers. During the review process, several problems have come up as regards the proposed locations of existing trailers. First, trailer 84 does not have direct frontage on an internal roadway,as required at the conceptl,Ja1 review phase. This concern relates to the need for a fire truck to have access to all units, and, if necessary, to be able to pull the trailer off the lot if there is a fire in the Park. Second, the proposed p1at'shows trailer 28 in the central location formerly occupied by the laundry room. The laundry room has been shifted to a location next to one of the entrances to the Park. The Planning Office does not approve of this loca- tion since it places a common facility in an out-of-the-way location and since it cuts off pedestrian access through the Park. The Planning Office would like to see some further shiftl:ng of trailers to resolve these concerns. 5. Mobile Home Code Violations. The Building Department has requested that the appl icants" prepare an improvements survey for the site prior to submission of the final plat so that they can begin formulating a schedule for future compliance with code provisions. Recognizing tnat the size of the existing park iimits the degree to which all violations can be corrected, the Planning Office feels that primary attention should be given to life, health and safety-related provisions. Major concerns include distance from fire hydrants, separation of main and accessory bUildings, unit spacing and the movability of mobile homes (i.e. hitches). Finally, the mobile nome code (Section l4-2(e)(4)) requires that cut-offval~es be installed in the water system so that no more than 25% of the system is out of service at any time. Comments from the Engineering indicate that because of the presence of many dead-end lines in the park, it would be preferrable to loop and valve the entire system to achieve a code-complying water system. 6. Inconsistencies with Homeowner Expectations. Whereas the existing plat shows the strip along the southerly portion of the park as common (presumably open) space, the homeowners have clearly expressed their intention to use it for recreational vehicle storage parking. This common space area has also been reduced slightly in size in order to accommodate the needs of Parcel B in a manner wnich is unacceptable to homeowmers. The expectation that all overhead electrical and cable wiring will be placed underground is not borne out by the plat which shows several major 1 ines still crossing over the park. 7. Miscellaneous Concerns. The new trailers to be developed in Parcel C do not provide for any open space whatsoever for these units. The previous submission indicated that only about 1/3 acre (15,000 square feet) of open space would be available within f the enti re site whi ch nowi s proposed to contai n about 105 units and which is expected 'to have additional open space due to the elimination of two new trailers in Parcel 4. The Planning Office recommends that you recommend to Ci ty Counci 1 that park dedi ca- ti on fees notjle,Y/ai.Ye,d for the 17~el'I:.lIl2.~il.eh()mes .l!1e Aspen ?""'"; k ?,,",";, MEMO: Aspen Mountain Park Preliminary Plat Public Hearing Page Six July 23, 1981 Water Department recommends that a condition of yourteview be that the app1 i cant parti ci pate ~ n theconstruct~ on ?f the 8" water main to be constructed thlS f 11 by enterl~g lnto an ---'agreemenfiliftfi e epartmen. lna y, t e annlng an Zoning Commission should recognize that the applicants propose to condominiumize the 17 new mobile homes to a~oid any concern with the creation of new lots within Parcel C. The Planning Office recommends that you approve the applicant's preliminary plat submittion, and that you recommend to City Council that they approve the request to condominiumize the 17 new mobile homes and to exempt them from competition from the GriP under the provisions of Section 24-11.2(i) and that they adopt the plat as the precise plan for the site, to include zoning of HHP for parcels A and C and R-15 for Parcel B, subject to the fo110winQ conditions: 1. The applicant's agreement to upgrade the sewage system to meet the standards of the Aspen Metro Sanitation District; 2. The applicant's agreement to bring the electrical service throughout the park up to Code specifications, meeting all comments included in the Electrical Inspector's memorandum dated April 28, 1981 and the following addi- tional items: - The connections from the pedestals to the trailer must be covered during the e 1 ectri ca 1 phase of the contract. - No overhead electrical or cable wiring shall be permitted in the Park. 3. The applicant's agreement to replace all gas lines deemed unsafe by Rocky Mountain Natural Gas; , 4. The applicant's inclusion of the following information on the final plat: - an adequate index; - the survey shall include a boundary tie to a government monument; - the final plat shall include all adjacent parcels and rights-of-way; - the plat should include proposed drainage patterns and drywell locations; the plat should designate any areas in excess of 30% slope; - the plat should show the common space at the southerly portion of the park as vehicle parking; - the plat should show the return to Parcel C of that land which was taken from it and placed within Parcel B; - the plat should show revised locations for trailer 84 (internal road access), trailer 42 and/or 43 (extremely substandard lot) and trailer 28 (to relocate the laundry room). ~ t1H10: Aspen Mountain Park Preliminary Plat Public Hearing Page Seven July 23, 1981 5. The applicant's agreement to submit an improvement survey which meets the specifications of the Building Department prior to the submission of a final plat to the Planning Office; 6. The applicant's agreement to abide by the housing resale restrictions and rental guidelines for the existing units proposed in the memo by Brooke Peterson dated July 11, 1981; 7. The applicant providing deed restrictions limiting the twelve 3-bedroom units and five 2-bedroom units to low income housing guidelines and occupancy limits. .~. 8. The applicant's recognition that due to insufficient road right-of-way, all streets will need to be pri- vately maintained, including snow removal! 9. The applicant's provision of easements to the City to accommodate the expansion of Gibson Avenue and Spruce Street; 10. The applicant's recognition that the Building Department will be preparing a schedule by which the life, health and safety code violations at the park will be abated; 11. The applicant's payment of park dedication fees for the 17 new mobile homes, as determined at the final plat stage of review. 12. The applicant coming to an acceptable agreement with the rJater Department regardi ng payment for the 8" water main which is to be installed to supply improved service to the park this fall; 13. The applicant agreeing to loop and valve the water system as recommended in the memo from Jay Hammond dated July 2, 1981; , 14. The applicant agreeing to continue working with Pitkin County to coordinate the placement of a road in the vicinity of the rear' of Parcel C; 15. The applicant providing an easement to the ,homeowners association insuring their access to the entire area at the southern portion of the park designated as common space; 16. The applicant's provision of easements to the City to accommodate a third access/egress point for the trailer park. "....., .-, LAW 0 FFICES OATES, HUGHES & KNEZEVICH LEONARD M. OATES ROBERT W. HUGHES RICHARD A. KNEZEVICH DEBORAH QUINN PROFESSIONAL CORPORATION SUITE 200 600 EAST HOI=>KINS AVENUE ASPEN, COLORADO 81611 July 21, 1981 AREA CODE 303 TELEPHONE 920-1700 TELECOPIER: 9201121 Mr. Alan Richrnan Assistant Planning Director Aspen/Pitkin Planning Office 130 S. Galena Street Aspen, Colorado 81611 Re: Comments of Aspen Mountain Park (AMP) to Peterson Memorandum re Resale Restrictions and Rental Guidelines for Smuggler Trailer Park Dear Alan: In our early discussions with the trailer park tenants when we met with them and Brooke Peterson at the Community Church to discuss implementation of the Settlement Agreement, we informed the tenants that it would be AMP's intention to make the rent for the trailer spaces occupied by those tenants who choose not to purchase equivalent to that which those who do purchase pay monthly to their cooperative for a pro rata share of the cooperative's mort- gage payment, maintenance expenses, contingency reserves and the like. This intention appears to have been reiterated by Brooke Peterson in his memorandum to you beginning at the bottom of page 2 and continuing on the top of page 3. We do, of course, want to make sure that there are no misunderstandings and, naturally, if you should have any questions or comments p+ease advise us. . ~ Sincere y, By RWH/caa cc: Brooke Peterson ~ -- " f"""', ,.-, LAW OFFICES BROOKE A. PETERSON 611 WEST MAIN STREET ASPEN, COLORADO 81611 (303) 925-8166 M E M 0 RAN DUM TO: Alan Richman Assistant Planning Director FROM: Brooke A. Peterson RE: Resale Restrictions and Rental Guidelines for Smuggler Trailer Park DATE: July 16, 1981 In accordance with the understandings reached in the meeting in my office last week with Jim Reents, which wasalsb,attended by Gail Mahoney, the following are to be the guidelines to be applied with respect to the sale or rental of any mobile home within the Smuggler Mobile Home Bark after the consummation of the purchase by the cooperative. I. The mobile home will first be offered for sale to employees who have resided in Pitkin County during the two (2) year period immediately prior to their occupancy of the mobile home, or, who at the time any mobile home is offered, for sale, are residing in Smuggler Mobile Home Park. The employee must agree to personally occupy the mobile home. 2. After a period of sixty (60) days, should there be no qualified purchasers in Category (I), the mobile home may then be offered for sale and sold to anyone who is employed in Pitkin County. The employee must agree to personally occupy the mobile home. 3. Should there be no qualified purchasers in either Category (1) or Category (2), after an additional sixty (60) day period, the mobile home may then be offered for sale to employers doing business in Pitkin County for use by their employees. 4. Should there be no qualified purchasers in either Category (I), Category (2), or Catego~y (3), after an additional sixty (60l day period of time, the mobile home may then be offered for sale to any resident of Pitkin County. The purchaser must agree to personally , f"""', ,.-, Alan Richman July 16, 1981 Memorandum Page 2, occupy his mobile home. IN ADDITION, a fee of a maximum of one half (1/2) of one (1) percent of the sales price of the mobile home will be paid to the housing office who shall conduct the required investigation to determine whether or not a pro- spective purchaser meets the applicable guidelines. It is understood that the housing office is not contemplating actually marketing the mobile homes, but if it does, a fee of one (1) percent may be charged. I would also like to see the adoption of a regulation whereby the cooperative has a right of first refusal on any offer to purchase made by a purchaser for any of the spaces in the Park to create the potential for additional open space within the Park. With respect to non-owner occupied mobile homes presently existing in the Park, it was agreed that if a mobile home is owned by an employer doing business within Pitkin County, he will be required to rent his mobile home to either his employees or to employees who have lived in Pitkin County for a minimum of two (2) years. Should there be no qualified renters for that mobile home found within twenty days after a "Notice of Availability of Space" is given to the appropriate housing authority, the mobile home may be offered for rent to any employee within Pitkin County. An owner who does not occupy his unit and is not an employer in Pitkin County shall first be required to offer for rent to people who have been employees in Pitkin County for two (2) years and if no one can be found in the aforementioned twenty (20) day period, thereafter the mobile home may be offered for rent to any employee within Pitkin County, The fee for qualifying a renter was not discussed. It is the intention that the leasehold arrangements of present tenants currently in non-owner occupied mobile homes shall not be disturbed at this time. I would suggest that any new rental agreements made between any non-owner Occupant and the owner of a mobile home in the Smuggler Trailer Park shall encompass a leasehold price not in excess . ,-.., 1""'\ .'. .. Alan Richman July 16, 1981 Mamorandum Page 3, of the cost of the monthly assessment payment to the co- operative, the monthly mortgage payment on the mobile home itself, and an additional amount not in excess of Twenty five Dollars ($25.00). This amount. would not include payment for utilities. The County Housing Authority is prepared to furnish the Planning Office with additional support data, if necessary, confirming that these types of arrangements are presently working effectively in Pitkin County. I would or agreed to Trailer Park Smuggler - cc: Robert B. Hughes, Esquire Paul Taddune, Esquire Steven Kanipe John Hawkins ,-.., ,-.., MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning Office RE: 90:10 Code Amendment Public Hearing DATE: July 16, 1981 Included in your packet is a copy of a proposed ordinance. by the applicant for a new exemption to the GMP. Discussion. of this ordinance is included within your memo on the Aspen Mountain Park Preliminary Plat and can be best handled as an aspect of that overall item on the agenda. Should you have any further questions, we will be available to answer them at your meeting. " .'- ~ "'..~,~~ 1'""\ 1""'\ July 13, 1981 Aspen City Council 203 S. Galena Street Aspen, Colorado 81611 Re: Aspen Mountain Park Dear Counci1members: As you know, over the past several months we have been engaged in implementing through the City land use approval pro- cess the terms of the Settlement Agreement of last fall by and among the Smuggler Trailer Park Homeowners' Associption, the City of Aspen and Aspen Mountain Park Partnership. During this period, we have continually readjusted our plans in an effort to accommo- date to a greater degree than was envisioned in the negotiated terms of the Settlement Agreement certain desires of the park tenants and of your planning staff. One example of this is the scope of park improvements now contemplated, which goes well beyond the provisions of paragraph 1 of the Agreement. As we explained to you last month durlng the hearing on our Conceptual Submission, we have already expended considerable sums in the planning and engineering of these improvements in reliance upon the Settlement Agreement. However, an unfortunate but inescapable result of our expanding the scope of improvements beyond that contemplated by the Agree- ment is that until we have received site specific Ci.e., preliminary plat) approval, actual physical installation of the improvements cannot begin since they are dependant upon the site planning process. Another example of our acceding to a change in the terms of the Settlement Agreement at the behest of City staff or the tenants has been our agreement to reduce the number of new trailers that were to be added to the park under paragraph 5 of the Agreement. This, of course, was a concession that we agreed to in order to make the lots in the park more uniform in size. It is conceivable that further reductions in the number of new trailers may be requested of us as new concerns and objectives of the tenants and your staff surface. The point of this letter is to advise you that we wish to continue to implement the Settlement Agreement according to its precise terms or to continue to try to implement adjustments that your staff " ... _. --~- ./'"'">.. 1""'\ Aspen City Council July 13, 1981 Page Two may advise. However, we must and will assume that, unless we other- wise hear from you, any such adjustments that may be conceded by us during the approval process will not in any way affect the remaining provisions of the Agreement such as the number of free market units to which we are entitled, the .price at which we are entitled to offer the new mobile/modular homes for sale; or, in the event that the best efforts of all fail to produce a means by which the park can be sold to the tenants, our right to proceed with our free market developments upon the conversion of the trailer park to a controlled rental park. Should you have any questions concerning the foregoing, plea e call us. Thank you for your consideration. Sincerely, . ASPEN MOUNTAIN PARK ---"--. " ~. /"' ").- ." '/" ~. .I,,~ , . ~ /.- / I... " ( . {rill () "".,^' (., . ~ f '. . ~. \jL1!^-.r- c------,...-"-'"' \1 -::" I ......-f~ \J By cc: Brooke Peterson Smuggler Park Homeowners' Association ,,-., , . 1""'\ MEMORANDUM TO: File FROM: Alan Richman RE: Review Issues on Smuggler MHP Preliminary Plat DATE: July 3, 1981 1. Under the GMP, the only means of creating new lots is the lot split pro- vision (24-11.2(d)) which is being used to create the lot for the victorian. This application proposes the creation of 20 lots in Parcel C and there does not appear to be a legal mechanism to do so, even despite the fact that the lots are for employee units. 2. If there is some legal mechanism to split off the 20 lots, then Parcel C is not a mobile home park since an MHP is defined as having one owner. In addition the units proposed for these lots appear to be modular and not mobile homes (no wheels, trailer hitches - they are unmovable). In either case, we have no zoning category applicable to these proposed units. 3. The two new units proposed to be placed in Parcel A (as well as the 20 units in Parcel C) will need to be deed restricted to low income rental/sale guidelines and occupancy limitations and yet they are proposed to be part of the Smuggler cooperative which is only controled in terms of resale restrictions on appro- priate purchasers. A mechanism to allow both type of limitations within the cooperative will need to be formulated or the two new units will need to be removed from Parcel A. 4. The Building Department does not know if the proposed duplex units will meet codes regarding unit separation walls. The Building Department would like to see an improvement survey at this stage of the revieW. 5. Housing Office comments are as yet unavailable. The Planning Office is reluctant to move ahead on such delicate questions as the 70:30 exemption and the development of limitations for the existing units without some guidance from the Housing Office. 6. Open space within the Park amounts to 14,880 square feet (1/3 acre) for the proposed 110 units, due to the homeowners intention to use the strip of land near Gibson Avenue for recreational vehicle parking. There is'no open space whatsoever proposed for Parcel C. As a result of the overall lack of open space, the Planning Office will recommend that park dedication fees not be waived for the proposed new units, despite their being employee units. 7. By moving the laundry building out of its central location shown at the conceptual stage, pedestrian access through the park has been drastically limited. A path needs to be created through the lot where unit 56 is now pro- posed, preferably by replacing the laundry room common space in this location. 8. The Planning Office identifies 19 separate instances where either Parcel A or Parcel C do not meet code requirements. While it was expected that some variation from code would be necessary, and could be handled by the SPA process, a problem of this magnitude was not anticipated. In particular, we did not expect that the new park area would be deficient in as many areas as shown. The creation of new, substandard lots of .2,625 to 2,890 square feet for 15 of the 20 lots in Parcel C indicates that the site cannot bear the proposed density and is an unacceptable proposal.based on .planning principles. 9. While we are willing to accept a waiver of many code provisions, those which involve clear life, health, safety violations cannot be tolerated, unless approved by the appropriate department of government. We 'would like to see cut-off valves installed in the water system so that no more than 25% of the system is out of service at any time (see Section 14-2(e)(4)). The Water '. ^. .~. ~, Memo: Review Issues on Smuggler MIlP Preliminary Plat July 3, 1981 Page Two " Department will require installation of an 8 inch interco~nect from Gibson Avenue to Spruce Street and will require the participatit;n .of the applicant in thi s project. The El ectri tal Inspector would 1 i ke to see. all above ~rou~d I electrical/cable wiring placed underground (as the language m the appllcatlon suggests but not as shown on Sheet of the submission) mostly f?r aesthetic rather than for life, health safety reasons, but also to requlrements of Section 14-2(e){1). 10) Snow storage areas on-site are nearly non-exi stent and wi 11 1 ead to burden- some maintenance costs for the cooperative in the future. No indication has been made of who will pay for and accomplish the landscaping proposed for the whole park, nor of the locations for trash receptables and who will pay for these. 11) In the drawing of Parcel B, to accommodate the minimum lot size of 15,000 square feet, a small portion of land has been taken from Parcel A. There is already little enough space for parking and open space relief for the cooperative and accommodation of the needs of the relocated house should not be as important a planning objective. . ! 12) Internal roadway access is not provided to units N-7, N-21, N-22 and 84, as required by Section 14-2(c)(6). Access off.a parking lot is unacceptable. . .' '0 '6' ,- .1""'\ FROM: Jay Hammond, Assistant City Engineer ~ 2. 'j . ! 6 19 1 LJ '\.. ASPEN I PITKIN CO. '" ftANNING OFFICE MEMORANDUM TO: Alan Richman, Planning Office RE: Valving of Existing Smuggler Park Water System ~,.. .....,.."....". '.-" DATE: July 2, 1981 - - - '- - - - - - - - - - - - - - - - - - - - - - - - - - - This correspondence is a result of our discussion regarding valving of the existing two-inch (2") galvanized water lines within the Smuggler Trailer Park. As you know, the City does not intend to take on responsibility for any portion of the Smuggler water system that is not upgraded to COde-complying ductile iron mains. As a result, my comments to date have not dealt with possible improvements to the existing galvanized mains. You had mentioned that the tenants were interested in adding isolation valving to the galvanized lines to permit partial shut-down in the event of a main break. This is always a good idea and is a policy that we follow with respect to new water mains so that a minimum number of customers will be inconvenienced by any problems with our mains. Many of the galvanized lines in the trailer park, however, are dead-end lines and isolation valves would only be useful in the event of a problem downstream of the valve. Should a problem occur between the valve and the main, the lines would still have to be shut down entirely. Valving is probably a good idea, but a better idea would be to loop and valve the entire system. Please note that I have sent a copy of the water system plan to Jim Markalunas . for his comments. Our comments are generally limited to the proposed ductile lines. .', ~. .-.. ~ " .~1:i;I;lEN.PITKIN'RE~IONALBUII.;.DING DEPARTMEN '- - ",-., ,',"', ", ,,', -- ','" "'," - "". ,""', ~ MEMORANDUM _ . r~''':'''-' ; .- > , c . ~ ~ ,Qw"r\. . If- ',~ . -'- \ I ~':;.'~UL 1 ;~81 \ \... NI nITKINCO. . ASPE r...-r: ..... PLANNING \JWtU"" TO: . FROM: HE: DATE: Alan Richman ~ Bill Drueding & Herb Paddock ,~>,..-_: Aspen 'Mt. Park - Preliminary Plat. . Submission ,_, ,.",_ .,-$.,' " -.~.~,...:..~_.,,,,,,,,:- June 30, 1981 --'_..... ~--------:...~ ...;.---"':':'-- --....;-~~.;...:--~....--,,-- ------~-- ...~- -- -- -,- ---.;;..,-------,--;--- -~---- -- -- (1) Parcel A has numerous outbuildings, additions and fences.- Many .of these have been built without permits. An improvement survey iSi-mperati.ve'.at this stage so that we can determine what is t,h.ere an.d know how to react. (2) There is no way to determine proper setbacks between ,mobile homes in any parcel without an improvement survey. Presently there appears to be a need to move more units than proposed. (-3) There is no indication that. the proposed -duplex units will meet building. codes with regard to .unit separation walls. The bUi-lding department is dubious that the proper separation wall is availabl:e in this type of unit..;. In"Par-cel'iC, are these mobile homeS or modular units? (4) The question of mobile.home hitehes for easy removal of mobile homes in case of fire has not been addressed. (5..) Required off st'reet parking is not shown. (6) All roadways are inadequate .for 20' easement for fire access or width size manda tedby City Engineering. (7) Generally, ",in o.r:der for these, parcels to adhere to the City of Aspen:~s ~.16bile Home Code, it. appears that many amendments will be -necessary. . The.Building Depart:ment realize.s the c-i ty' s desire to make. this project "wo.rk!' wi1;hin the existing mobile home code i but needs further :directiO;n and information than is available at this time. Sonie of this department's c.oncerns are addressed in Table VI I .;of the June 4; 19-81, .Prel.iminary Plat Supmission, but not nece-ssarily adequately. We suggest we work out as many of these p'roplems as possible before proceeding"further, . ,," ",', , ," , , 506 East Main Street Aspen, Colorado B1611 303/925-5973 } ~";tr. Alan Richman June 30., 1981 Page 2 I'" ~ , '" (8) Ele,ctrical Inspector - Concerning the electrical proposals. In add.i tion to the terms identified ,for electrical corI'ections, the connect ions from the pedes.tals to :the trailer must be' covered in' the electrical phase of the contract. All new mobile home ,spaces to be developed at the park shall meet National Electrical Code. r-.. '1'""\ VI"INITY MAP --"\ .- ... .....-\..--. -.::-----1 \ ~ \ \ ~~ ~ '!l"\" *' :;,~ ',. ,~<. \ .. \ ~ .------ \ ~ -------'" . ........--...... O~t19 '~J NO, -...... \ -, 9\..'tlo. ,0 /' JtJ1bfJ 413",.., .!9~ "~~,'~~.:;,.-:, ,._~D~~-+,_~~~~~~~elO 3n~ _____..Ti , ", ......JV~......... - ~ '. ; -'____ '"_''' \0,.... , l.., '... __ _.... ..., (1,.;.",./ .......... \ J ./ ----r-- > ".""',.L , /. -; '?\':;- ~~'\- r\~\~~,~.!;--- ~~ / \ .... I. \ . \- . f. I ; : ; \ )-\... '0 <lJ C ~ DAKAN GUY ASSOCIATES: PC GLENWOOD SPRINGS.' r.nl nRAnn: 1""'\ ,-.., . HEHOHANDUN DATE: June 29, 1981 TO. Alan Eichman FEOM: Paul Taddune RE: Smuggler Mobile Home Park Prel iminary Plat Submiss ion I have the following comments with respect to. the Smuggler Prelim- inary Plat Submission: 1. PRECISE PLAN - Pursuant to Section 24-7.2 of the Code, since ~' no precise plan has been adopted for the Smuggler SPA area, such plan must be considered and approved under the provi- s ions of Article XII ( Section 24-12.5), pertaining ,to amend- ments to the zoning code and district map upon application by private land owners. In this regard, I note the following requirements: II ~ ~'-'>_ 6~~':- L-&))"~^'1>"~U. ~.~ l,'\-\l "y< '^'" h-,.,{.d Q - __La.- ^-- I\-rr\~<A-.\-:" ~^""\. "':.L "-A,_,i\-~" (a) Private rezoning applications are heard by P&Z only (~(f p l ( ~,,~ ,~j,,~, \kQ ~l,;,-_. V \_1>-' during meetings scheduled in the month of October. (b) Public notice within the City that rezoning applications are being accepted shall be made not later than July 15. (c) Applications to rezone shall be qubmitted prior to August 15th (I assume that the preliminary plat submis- sion can be construed to be a request for SPA rezonin~). 'T' 1""'\ (d) Ap!?.Lications to rezone by private .Land owners sha.Ll meet the requirements of subsection (b) of Section 24-12.5. (e) If the time requirements are unacceptable for a zonio'::j application by a private land owner, I note that under Section 24-12.3 proposed amendments to our zoning code can be proposed by the p&Z or the City Council at any time. 2. NON-COMPLIANCE WITH CHAPTER 14 OF THE CODE (MOBILE HOMES N,D MOBILE HOME PARKS) - The preliminary plat submission admits several areas of non-compliance with our mobile home regula- tions. I do not observe any provision in the mobile home regs which allows the requirements contained therein to be waived. Moreover, I do not believe that variations from the mobile home r~gulations can be obtained pursuant to a PUD variance (Section 24-8.3) since the mobile home regulations are ~ not zoning code requirements. Thus, in order to accornmo- date the applicant with respect to deviations from present mobile home requir~111e~t:!;;Lt:.~~ City ~,<?u_ncil has ~ . . ---"~._.._-, . ---........ alternatives, C<;..u.... ~'-1._1.L. ~)(j-~) ) --_._..._"-----"~.._-- the following SPA. VA,,,,\.~ .--'- (a) Repeal the existing mobile home code and reenact it as 'f... is with the understanding that no mobile home parks or mobile homes presently in existence would be governed by its requirements i and/or (b) . Make the necessary amendments to accommodate the appli- cant. This approach might result in aweakehed mobile home code, in the event that ot:her mObile home parks are created within the boundaries of the City. l' ~ ':.e. \ '^ ~u~ 6l~ ~ f\ +C A~ 'J.'1.-\l. ;). C.i ') "'-01>-\- <-,,\-l\. i- ~ '2.. (.1... ) ~ '7":~Q 3. ENPLOYEE UNITS IN PARCEL A - Wit.h respect. t.o t.he eJ,lployee unit.s t.o be cont.ained in Parcel A, such unit.s, t.o be exempt. froia t.he Growt.h Nanagement. Quot.a Syst.eh\ under the p'rov is ions \,... ~ fl.(...l\ N..I.\.,J ~ "",\\...,'~ ~ c.,ot' \ ~ of Sect.ion 24-11.2(h), must. be constructed pursuant to Sec- "-ow (A>.:v-. \J"-t, . \. tion 24-11.10 (regarding employee housing) and are subject to "'L v... /L.W ",,^-y,.\~ the special approval of the City Council upon the recommenda_ tion of the Planning and Zoning Commission which approval shall include a determination of community need considering, but not limited to, the number of units to be constructed, the type of units, and the rental/sale mix of the develop- ment. Additionally, such units must be restricted in accord- ance with the requirements of Section 24-10.4(b)(3). Since the applicant indicates that the employee units are to Oe contained within a cooperative form of ownership, I question as to how the applicant intends to necessarily restrict the units as "employee" units pursuant to the provisions of Sec- tion 24-10.4(b) (3). I would, therefore, request that the < applicant explain compliance with the above stated co-provi- sions in the context of a cooperative torm of ownership. 4. PARCEL B - The relocation of the victorian-style single-story frame house currently situat.ed on the western border of the property is exempt from the Growth Management Quota System pursuant to Sec~ion 24-11.2(d) Only if: 0-~ (a) The tract of land which was subdivided had a pre-exist- c ..,}......."",-;P'\ ing dwell ing, and ~&....0 \.c,.\"-'<-^-L. (b) No more t.han two lots were created by the subdivision. From my read ing ot the appl i.cant' s submiss ion, it. does not appear t.o me t.hat these requirements are met. \v-.... ~Av-\\ I~S~ ~P<~~ '-<" ~:\ fX~ ~ ~'-\ ~~ A- '^"<..... G..VL ~~~s~ ~h ~ ~ ^""<.....~ ~~ A-~ (1,4\ C~ "'ISL.- ,- .1""'\ MEMORANDUM TO: Alan Richman, Planning Office Jay Hammond, Engineering Department~ FROM: DATE: June 26, 1981 RE: Smuggler Trailer Park Preliminary Plat Submission --,,---- Having reviewed the above preliminary plat submission and made a site inspec- tion, the Engineering Department has the following comments: 1. The preliminary plat lacks the following information which should be included on the final plat: a. An adequate index. b. The survey shall include a boundary tie to a government monument. c. The final plat shall include all adjacent parcels and rights-of-way. d. The plans should include proposed drainage patterns and drywell locations. e. The plat should designate any areas in excess of 30% slope. 2. The applicant has indicated a willingness to install an eight-inch (8") Ductile iron water line running north-south from Gibson Avenue to Spruce Street through the westerly portion of the park. This line is necessary to provide service to the new units as well as to improve the general flow situation in the area. This new eight-inch interconnect is vital to the Smuggler project and is clearly the responsibility of the applicant. The City of Aspen, however, in an effort to replace inadequate lines in the Williams Addition area (northwest of Smuggler) intends to install an eight-inch ductile line from Gibson to Spruce this summer. It would be our intention to have the applicant reimburse the City for the installation of this line. This arrangement would seem reasonable and, in fact, represents a significant savings to the applicant since the work can be carried out at 1981 price levels and be. inc.llided''with" several other projects resulting in a lower cost per project. 3. The applicant has expressed a desire to" 'provide road easements in lieu of dedication along Gibson and Spruce Streets in order to accommodate setback and area requirements for Parcel B. We find this arrangement acceptable. -- ,,-., w.~~ II JUN 26 1981 :1 ASPEN / PITKIN CO. PI.ANNING OFI'"ICE ASPEN WATER DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: DATE: PLANNING-ALAN RICHMAN JIM MARKALUNAS SMUGGLER MOBILE HOME-PRELIMINARY PLAT SUBMISSION JUNE 24, 1981 Reference our previous correspondence to Jay Hammond, City Engineer "s Office. I have reviewed the preliminary plat application and it is my understanding that a new 8" ductile iron pipe will be constructed on the west edge of the existing park per Wright-McLaughlin drawing #2, Project #7-20.74. If constructed, said line will improve the fire protection, as recommended by the Fire Chief; and will also more than adequately supply the internal piping of the Park for both the existing and proposed new spaces. I recommend that the proposed pipe- line construction be coordinated with the City's improvements scheduled for the fall of 1981 in William's Addition. It should be re-emphasized that the existing galvanized, internal distribution system, while in reasonably good condition (see TIWprevious correspondence), it is not of recognized size or approved materials. It should, however, give adequate service over the next ten years. It should also be understood that the endorsement of the Park is in no way a commitment on the part of the Water Department to maintain the existing system, i.e. the 2" galvanized piping. Should the external 8" piping be constructed in accordance with the Wright-l1cLaughlin design, the Water Department would accept and maintain said system as a part of its distribution system. It is my recommendation that the proposal be approved subject to the construction of the 8" periphery system. -"''''''C''-'''~'' ~.,.:,., ~_.~. ~_._,.., " "'"'~r . i PUBLIC NOTICE RE: Smuggler Mobile Home - ~reliminary Plat Submission C"'~_. ...._,.,~.__..~>--_.._---_..- ~Ie... NOTICE IS HEREBY GIVEN. ~hat a pUblic hearing will be held before the Aspen Planning and Zoning CO~ission on Tuesday, July 7. 1981 at a meeting to begin at 5:00 P.M. in the Citjy Council Chambers. City Hall, 130 S. Galena, Aspen, to review the preliminary plat submitted by Aspen Mountain Park Partner- ship requesting approval to sLbdivide the Smuggler Trailer Park into four parcels and further divide th~ parcel into 20 fee .simple lots on which. 20 new ~obile homes will be located. Forfurther information, contact the Planning Office, 925-2020, ext. 298. ' s~ Olof Hedstrom . C airman, Aspen Planning and Zoning Commission Published in the Aspen Times City of Aspen Account .-~- / . June 18, 1981 /"'~spen/Pit 130 s aspen, '_ 'J\,'\-~':l:"; .. \n_-,\'(r:_:.-~ ".,- , /' V , . .~" - '.. !' ~.~-:~ ~-~""~,--~'-' .~.-- - - - - - - ~ tJ~j~[lWVEr'~8Li: =""---.rrl :, i'~ ~onREssfo ./ , :-'>e,NMlLF TtirOr,Vw\~ \ ~,';C-::'-11::1UR"": Tn C'l-NDF;' ~ '~ t~L,~_~~,"__~':"_N~~~,^ :~~_~:_" --1 ....~. ~ ,-' . . . ~ '\ '/1 .." ;.; \ - ,- I "'. V :--. ~ '. . I . r, . l ~ l :'- .... .- ~ ' . ....' -'.~ -f~' _ Aspen/Pit 130 s aspen, ., ning Office street 81611 Luke . Anthony 1601 W. Mississippi De er, CO 80210 ning Office street 81611 ADDqf:SSEE UNKNOW"'l Lois M. Brownell 'P.()~, Box 164 Aspen, CO 81612 r\spen/Pit 130 s aspen, ,.,..,.---- ,~ ' ~'\"", I{ t,/ <"', "'-":rr-' ~.~' '>0 ~,f:,-} ~ . -- ;;>. , ," , , " N "'", t;<- ~ ~e: l"vfDtf:,,>)'j ." " "'y , lk1tJ.,. rit.~{),. ~,. . Fa . IfVerab!s.> ~. .~t'; -, 1 'f'Wl:i'(f'l: -~{ ~-u ~ MCt'CtJ":'I;;. .:'" - ~ r@tI)firJr.~"'~'t ilO F>,.: '-' i,;" . POS',''''} A,..,,"", "'~:::::-- 1"1{;l: ''''', ~ _ -____--- '- bi..:f ~'- __ _____ -----:--::::: ' ___t I I I""' "-c; NeT ~ ~.. ~ 16~ ~ ~. .- - :~ .--r,' - Blvd. 85268 1 W~ . (/;( \ /4 ") -~~"<~~>.; - t-"':'- ',/ \-,<,: ~:':-7: 1 ~':!I;'flr".....~'I,.."7't \, - J:"':""".'~'- "\- I~,)~ ,'~: ~. .'Y....i':;~...~('o~j ...... ~,. .'1(,..,. -.:fL':;- ..~_.--- . _~~~-:..'WT _: '~', 'J:l! L~_~ t ~'.... ~'/ ,", \ ,,', d~:;"":~;~'~'~~!;:i~:;~j.~~ ",' '//1., ~.,.,,,,- A;" "d/lI 1) ~.l 'u'p;'-'" ""'4 z ~ i Pt../:lI!', ~1 /1. !IVA-/ 10/;,'. .~f /.i/ 'l/il lk{ Ill.) ':1.-:: ".'/If ('V, '" OI:F~o. ~ ~..P-' -,'-:. ,\,,,,.,,,,. ',~r-'" '~f:~~'i'" ~ ~ . Mtf!,,4'?:}"-"'::s", ". '.." .~':JII,",_,,,~,,,,,, . . ..:{', .. ,\'~ .'.,;';", .;J~"" " ~.,.,',;. ..... -.\ I'.,';;',',' ..._~ TI""'\ '. c. '" Aspen/Pitkin Planning Offi#e~"~\~l) 130 south galena street ii, JUN 1 q 198 if /f I d 81611 '"-, ". j.,'J aspen, € 0 ora 0 ,\"Ai:,PfN'7p;.;--",1'- i "'.,.0. A~'ili.jA'''.!. dl/.N co .., '. .'YII~''''lIIiI<~''''; ,. _;l"~' MEMORANDUM TO: Paul Taddune, City Attorney Dan McArthur, City Engineer Jim Reents , ctty Houstng Director City Water Department City Electric Sanitation District. Mounta i n Be 11 Fire Marshal/Building Department Rocky Mountain .liatural Gas Jim Hami lton, County Housing Director Pat Dobie, County Engineer FROM: Alan Richman, Planning Office RE: Smuggler Mobile Home ~ Preliminary Plat Submission DATE: June 12, 1981 Attached is the preliminary plat application for the Smuggler Mobile Home Subdivision submitted by Aspen Mountain Park Partnership. The application seeks approval to subdivide the Smuggler Park into four parcels and further divide the parcel on which 20 new mobile homes will be located into 20 fee simple lots (see Map I). This item is,scheduled for a public hearing at the Aspen Planning and Zoning Cormnission on July 7, 1981. Due to the complexity of this application, it is e~sential that we receive your review comments and recommendations no later than Friday, June 26. Thank you for your " assistance. ."",Y,i ~ 'l1.V w~/tJ~~ I I ?L0t?~- I .-,~ ,w. " . ~ ~.".,.>' ~','~ -'" ...'.i. '..' ..",........." ;.' " "'. '~:.,'~,~ , V~,.~~~ 'Ca W f( @' r~ >>~ O--r1CY~ ~ ?JJ?1ct/'~ e. ~. .. ~..~:i~~~~.-;~ . ~ ,",'. -', "'';: '.. ,~ ,..; ":/<:'" ., ,,,':.,:..i; ',. "-~ .~ ,........~ ''t .-, Aspen/Pitkin Planning Office 130 south galena street aspen, €olorado 81611 MEMORANDUM ": TO: Paul Taddune, City Attorney Dan McArthur, City Engineer Jim Reents, City Housing Director. City Water Department City El ectri c S<initation District. Mounta i n Be 11 Fire Marshal/Building Department Rocky Mountain Natural Gas Jim Hamilton, County Housing Director Pat Dobi e, County Engi neer . O rnt'C,-,,....,nnF""! -c; ~"i! r\~ 7 ~\)~. ('\ ,!"O )&;, -... t"':'~"'1~ . J. ,o-I:'J1iCl,:.",// .;,~.; ,i .' n -",,'._,-,__C'.' , 'j IlV' _..~....._.._-<~! J .. P I', ~' Jlu'~1 J' '1 'IG8'j .1)! ~ Iii - ~ J ';;, R '" . .'J i.,J .-.--.'....-." /' ASPEN I-PiTKiN CO. ' ",. PLANNING OFFICf / FROM: Alan Richman, Planning Office RE: ~nuggler Mobile Home ~ Preliminary Plat Submission DATE: June 12, 1981 Attached is the preliminary plat application for the Smuggler Mobile Home Subdivision submitted by Aspen Mountain Park Partnership. The application seeks approval to subdivide the Smuggler Park into four parcels and further divide the parcel on which 20 new mobile homes will be located into 20 fee simple lots (see ~lap 1). This item is, scheduled for a public hearing at the Aspen Planning and Zoning Commission on July 7, 1981. Due to the complexity of this application, it is es.sential that we recei.ve your revi.ew comments and recommendations no later than Friday, June 26. Thank you for your assistance. fore. As S'"'IATF.I':> (f,FF""'-fI. THO SA..... T1>tT/. - of iZtt.:,,/(.. r::. ... II Go __ TN Iii- l'eD;-I'<-i"' ....,'-'- ~e. ;tcG.~P ;-e ..rYsr~,..., /s """I'C4-",~E.'.::::t TO J1rftT J7'A""'^""'s, /~ IY../ ;4-"1.. '" 1-f"(J- . ~~.:;...,,~ 1" SMUGGLER MOBILE HOME PARK PRELlMINARYPLAT SDB1>;lISSION JUhE!4 . 1981 , /..........., <^'\.,<' .,., .... , ,,-,/ , I i j 't D-f ') ! ..---....., > 'T' .1""'\ SMUGGLER MOBILE HOME PARK PRELIMINARY ~LAT SUBMISSION TABLE OF CONTENTS Page I. Submission Request . . . ~ . . . . " . .. . . . . 2 II. ~roject History . . . . . . . . . .. . . . . . . . 3 III. Subdivision Request. IV. S~A - ~recise ~lan . .5 6 V. Project Description Current ~ark Status . . . . . . . . . . . . . . . 7 ~roposed Development . . . . . . . . . . . . " 8 OWnership/Financing . . . . . . . . . . . . . . . 9 ~ricing Guidelines . . . . . . . . . . . . .'. . 11 VI. Development Issues. . . . . .. .. .. .. .. .. .. .. .. .. .. 12 VII. Compliance with Mobile Home Code . . . . . . . . . 20 -..--..-- , 1" 1""'\ ,<;> SMUGGLER MOBILE HOME PARK PRELIMINARY PLAT SUBMISSION LIST OF ENCLOSURES Vicinity/Zoning Map Water .Department Approval Basalt Electric proposal Rocky Mountain Natural Gas - proposal Wright-McLaughlin - sewer proposal Planning office memo - Smuggler Conceptual Submission Adjacent landowners addresses Settlement Agreement Maps 1. Preliminary Plat 2. Water/Sewer Improvement Plan 3. Gas/Electric/Cable Improvement Plan 4. Landscaping and Grading Plan 5. Site Section and Mobile Home Floor Plan 6. Proposed Development Plan 7. Existing Utilities 8. Existing Site Plan i ,-.., '-2- i 1""'\ "!P considerations).. were recognized, and provided that health and safety issues were adequately addressed, code amendments would be considered to bring the Smuggler into compliance. Details are provided in Section VII addressing code compliance. II. Project History A. Background In the fall of 1980, a settlement was reached between the City, AMP and the Park Homeowners Association (enclosed). The objectives of the agreement, as outlined by the Planning Office, were: ~~ given inevitably escalating rents, to preserve the Park as a major source of area employee housing; - to improve the health and safety conditions of the park; and to reach a settlement ~greement whic~was as consistent as possible with existing codes of the City of Aspen. The terms of the agreement provide a financial basis under which AMP agreed to liquidate its holdings in the park. AMP agreed to make certain improvements to the utility and road systems in the Park and to make the spaces available to the present owners of mobile homes at an average price of $25,OQO per space. Following the sale, all units were to be placed in the employee housing pool in a manner to be determined by the City. In exchange, the Park was to be permitted to be expanded by 26 additional employee use deed restricted mobile homes, to be sold by AMP ata price. -3- l' .1""'\ -4- if' .-'. ,,"" III. Subdivision Request - Growth Management Exemptions The application seeks approval to subdivide the Smuggler Park into four parcels and further divide the parcel on which 20 new mobile homes will be located into 20 fee simple lots (see Map I). Specifics of these subdivisions and existing City ordinances sustaining them as exemptions from the Growth Management Plan are as follows: Parcel A - The central, major parcel (approximately 9.144 acres encompassing current mobile homes) will become the Smuggler Mobile Home Park Cooperative, a form of ownership dictated by financing requirements. The only development \\0 anticipated in this parcel other than relocation of 4 existing trai.1ers is the addition of 2 new mobile homes to the west, which Lf~v" '. \/.',." will be incorporated into the cooperative and are exempted from the GMP due to their designation as controlled housing f}J~ tCh. 24-11.10 of the City Zoning. Code}. Parcel B -- The small (approximately .346 acres) triangle to the South. will have relocated on it the Victorian style single story frame house currently situated on the western border of the property. As this is an interior relocation within the' property, and. does not create any additional growth in units, the creation of this lot is exempted from the GHP pursuant to Section 24-11.2 Cd). - the lot split exemption. Parcel C - ~his parce~approximately 1.904 acres adjoining Parcel A to the north, is proposed for development of 20 new mobile homes as supported by the City Settlement Agreement. This application further seeks approval to subdivide this parcel into 20 fee-simple lots for these new homes. Given that these -5- , i' ~ will be developed and sold as Controlled employee hoUsing uni.ts at prices at Or below' $70.,000 (City Settlement Agreement}, ""e"e par eels "hould liee'~Pted frOm GMP under Seetion 24-11. 2ChJ . Parcel D - The small, quadrilateral shaped PClrce.l to the northeast (approximately .41 acres) has been propOsed for disconnection from the Ci.ty as a gift deed to Pitkin County. We have been. given to understand by the City Attorney that when disconnected this will operate as a de 'jure/de facto SUbdiVision. IV. Special P1anningArea_: Precisepl'an Consistent with Smu;J'gler Park's zoning as an SP1\.,thi,s application recOllllnends a "precise plan" for the area' to establish permitted Uses and zoning. Parcels A, C Zoning should be established as 110bile Home Park (.MHP}. All issues pertaining to phYsical constraints (set backs, parking,. utili ties, open space, etc.} should therefore. be guided by the Aspen Mobile Home .code, except where the code is amended i.n connection with this aPPlication or where established non-conforming uses cannot be remedied. Parcel D - Zoning shOuld be established as R-15 Re.sidentia1, consistent with the single family resident relocation and adjacent zoning. All information required by the SPA "precise plan" (uses, denSities, parking' areas and set baCks, heights, open space, street locations, rightS-Of_way, utilities,. grading and structure siting} is provided elsewhere in this apPlication. -6- ,,-., 1""'\ v. .!'roject Descripti.o::: A. Status of EXisting Park 1. The Site .. is sP'rse, with small '0 madi"" si'e cottonwOOd,Pine and Aspen 'rees dishibu'ed primarily innortheas< and "Ou<heas, corners and uneVenly ,",oughou, 'he Park. 2. E;Xisting 1iom~ CurreO',y, 87 moWle and mOdular homes are in place on <he available 8, sPaces, in 'he cOn'r', POr'ion oE 'he sHe. These. -es are indiVidually ouned, wi"" sPOces renCed Erom Aspan ,,"un'ain Park Part_shi!> c the aPPli.cant herein. In additton, a_,I. ona-tto'1', single E_,y Vic'orian housa is loca'ad 00 'he wesCero houodary OE <ha POrk. This is currentty ouned aOd uSad hy "']p. 3. Utilities (san ~ap I - Vicinicy,,"p, and ""P ,). TOPogra!>hy (saa I Map 6 Eor details) is aSSenttally fIa, thrOughou, the cen'rol, major !""<ion oE the sHa, rising Sharply to 'he nor'" and east (apprOX"'",ely 20'). Vega'atton The site Consists of approXimately 11.8 acres horderad by Gibson AVenue and 8pruCe streat to 'he 'OUth and was" and Pick in Coun,y '0 'ha north and eas' (see ~ap 7) me,e ina'alled by 'he Previous o""ers and are !>riva'ely moin'ained within the Park. Gas service, mere ios'alled and are currantly main'aioed by RoCky ~OUntain Natural Gas. EXisting water, sewer, and electrical services -7- ,-.. ,,-., Sewer, electrical, and gas services have been found to be substandard by the City En~ineer and Building'Inspector and have been recommended to be replaced. Water lines were found to be below current code requirements but in good condition upon a recent inspection, and safe for continued use. 4. Drainage There is currently no drainage system within the Park. City Engineering has identified this as a problem, with standing water occassiona11y obstructing Gibson Avenue on the southwest. 5. RoadS/Access Roads with"in the park do not meet City width and right-of-way requirements and are privately maintained with. respect to paving, snow removal, etc. (see Map 8). The Park currently ha's three entrances, two to the west on Spruce Street and Gibson Avenue, and a third to the south on Gibson Avenue. The latter, facing Neale Avenue intersection, has been identified as potentially dangerous, with City Engineering encouragi g its elimination. B. Proposed Development 1. Basic Elements Cons.istent with. the City Settlement Agreement, development of the Smuggler Park will proceed simultane~ ously in two areas (see Map 6): -8- "-.,, ~, ,,,. a. Sale of existing mobile home spaces to current residents on a cooperative basis (Parcel A) with an individual space price averaging $25,000. b. Installation and sale of 22 new mobile homes (revised downward from the Agreement's 26), for a price. of $70,000 (or less at AMP's discretion) and consistent with City Housing guidelines. Twenty of the new units will be sold, with lots, on a fee-simple basis (Parcel C}, with. the remaining hlO .units placed within Parcel A and joining the cooperative. Consummation of the sale of the coop and new home deve.lopment will proceed upon final plat approval. Prior to this time, AMP will negotiate with the Homeowner's As.sociati.o to arrange a mutually acceptable method of beginning utilities' improvements'as soon as circumstances allow. 2. Form of Owners.hip/Financing Ownership plans (e.g. cooperative/condominium/. fee simple ow.nership} were dictated primarily by the unavailability of more attractive conventional home financing terms (long-term, 20-30 year, real property amortizationl- for pre~owned mobile homes and existing parks, and the availability of such financing for new mobile homes on owned, fee-simple lots. -9- f\..-L ~~ ~ c;~ \.J . '-.-1" , . ..l.- . ~ 0 ~ ~"'^ f'<';~"'c.,,,,,,. \. ("" f:~",; "-"\Q,\ I . r ....J....- '.. --V f",-0J'-1>~" (:-"'-'---",----,\ f,,' {J, '........ -- - ~ ' v ~'- ,(I {Ik.- <; \ f ,,,- Y ,{ ~ ~, ()I..{ \,l.. -.. "-", a. Smuggler Coop Parcel A, comprising the existing mobile homes, will be pUrchased as an entity from AMP by a corporation representing the Smuggler Coop. Each mobile home owner will then purchase one share of stock in this corporation, and be issued a proprietary lease on the space he occupies. This collective purc~ase. places a mutual responsibility on the new owners to meet all obligations (from debt service to shared maintenance expenses) and thus facilitates financing all 87 units. The two new units to be placed in the coop will participate in this arrangement. Owners will receive the same financial advantages (e.g. deduction of interest payments). as' provided by conventional mortgage terms . The price of the stock share will be based on the size of the lot purchased. Individual lots will be surveyed and priced by AMP, at.an average of $25,000. Lot sizes of existing hOmes 'do vary consideran1y, from 1600 to 4160 square feet (see Map I), and prices will also vary with a formula to be negotiated consistent with settlement parameters between AMP and the Homeowner's Association. The coop will establish and enforce its own rules and regulations, and collectively manage .its internal affairs with respect to expenses, etc. -10- I 1""'\ ~ .Qj> b. New Mobile Homes In ParcedC, twenty new mobile homes are propos d to be sold, with lots, on a fee-simple basis, due to the availability of conventia1 home financing. Of the 20 new homes, 18 are placed in a duplex arrangement (see Map 5). Lot lines will thus be established to bisect common walls and common yards. The remaining two units are freestanding with conventional lots. 3. Shared Owne'rship/Expenses Both coop and new mobile homes pro rata will share expenses pertaining to commonly shared services, primarily roads (maintenance, snow removal, etc.), park maintenance, trash. removal, and sewage disposal. Expenses not shared will include all individually monitored utilities (gas, electricity) with the exception of water. The coop will continue collectively to pay water charges (individual meters are not in place) . . while new mobile homes will have separate. meters. 4. Pricing Guild1ines a. Intiial sale: of New Mobile Homes Per the City Settlement Agreement, a ceiling of $70,000 was established for new mobile homes as controlled housing. This ceiling was established irrespective of size of home, with current development plans calling for 17 tWO-bedroom units and 5 three bedroom units. -11- I , "....., ........ AMP plans to sell three-bedroom units (1004 square feet) a.t $70,000 ($69 per square feet) p1acin them in the moderate income category (up to $71 per square foot). The sales price of two-bedroom units (756 square feet) will also be somewhere below the $70,000 ceiling, to be deterinined by marketabi1i y and consisted with both the Settlement Agreement and the mobile home resale recommendations being formulated by City and County Housing Authorities. b. Resal'e of New and Existing Mobile Homes As the recommended approach to maintaining mobi e homes as controlled employee housing, City and County Housing Directors are currently formulating restrictions based on eligibility of the buyer on resale, rather than on unit price. Submission of their recommendations; determined to be in the City's best interest, will be made during the June review process. VI. Development ISSues A. P1ann:i:.ng Office Concerns As part of Conceptual SuBdivision approvC\l,thepl"nning Office requested that 14 conditions be me.t hy Aspen Mountain Park Partnership in the development of Smuggler Park. The following outlines Aspen Mountain Park 's agre.ement to these conditions; information also addresses the requirements for preliminary subdivision approval. -12- , ,"-" 1""'\. .;0> 1. Street acces's to all parcels. Parcel D is being gift deeded to Pitkin County, which will assume responsibi1it for future street access. Parcel C, incorporating 20 new mobile homes, will be accessed by a new feeder road to be constructed by AMP C.see Map 6). 2. Negotiations with County on a public road to the north of the Park. To help faciliate area-wide transportation planning, the applicant has and will continue to negotiat with. Pitkin County on a road right~f-way contiguous with or inside Parcel C. The County has'requested that AMP and the City proceed with this subdivision approval process pending further development of County road plans and the financial feasability of County condemnation. 3. 'Sewer 'Service.. The applicant (AMP), with the contributio I of Park residents, will provide an entirely new sewage disposal system in the existing park (see Map 2}, engineered for and meeting all codes of the Aspen Metro Sanitation District. Engineering has been completed on this project, which is estimated to cost $162,000. Maintenance of this new system will be assumed by the Sanitation District. The existing sewage system will be cleaned, capped and abandoned in accordance with City health standards. -13- ~llp;c.. s '.i l.-~w (1 ~ 1\41 O'v<<j.{~'.',,\ \ \cv..,f~ - ~ p),-V~ ,-.., ~ 4. Electrical Service. The applicant (AMP), with the co.ntribution of Park reSidents, will provide entirely new UndergrOUnd, cOde-cOmPlYing electrical service within the existing Park (see Map 3)_ Preliminary engineering has been Completed on this project, estimated to cost $139,000. 5, Gas SaryLca. Tha applicant (AMP), wi,," tha COhtribution of Park Residents, will provide entirely new, cOde-: complYing gas service within the existing Park (see Map 3)_ Preliminary engineering has been completed, with the total Cost estimated at $22,000. EXisting gas lines will be flushed, capped and abandoned in accordance with City health and safety standards. 6. Drainage. The applicant CAMp) will pro.vide grading and drywells for Park drainage', working with City Engineering specifications (see Map 4). Estimated cost is approXimately $38,000. 7. Lot Size. In accordance with the Planning Office's recommendation, AMP has revised its site Plan to increase the size of Parcel B (the single family lot to. the South) to 15,000 square feet (see Map 11, consistent with adjacent R-15 zoning. The applicant will grant a permanent eas'ement on the majority o.f the approximately 5,000 square feet "added to this parcel and taken from Parcel A (theCooPl, for their use as common open Space. This way the lot will be'of a conforming size but beneficial Use may also be made by the Coop. -14- ;-.. 1""'\ ::> 8. Private ROad Maintenance. In response to City Engineering's recommendation, all rOads within the Park will be privately maintained, including snow removal. Roads will be 24' wide, with an 8' right- of- way on both sides (see Map 6). 9. City Road Easements. To facilitate City Engineering's desire to allow possible future expansion of Gibson Avenue and Spruce Street, AMP will provide a permanent easement of 40 feet in locations where the Park fronts these streets. 10. Compliance with City Mobile Home 'Code Section 14-3 - Information relating to expansion. a. FirePro.tection. TO better service existing mobile homes. and provide. the coverage for new homes, AMP will install additional fire hydrants at locations requested by the Fire Chi.ef (see Map 2). Existing and proposed roads have been preliminarily approved in terms of turning radius, number of access points, etc. b. Traffic Flow - Vehicle Count. A recent traffic survey (October, 1980) by the Pitkin County Engineer indicates an average of 6 vehicle round trips per day per unit in the Smuggler Mountain area. The proposed addition: of 22 new mobile homes in the Smuggler Park will therefor add 132 round trip per day, an increase of +20% versus the current park total of 522 trips (87 units). -15- r-. .1""'\ c. Vehicle Access, The proposed plan (see Map 6) eliminates the southeast entrance. to the park on Gibson Avenue, with access provided by two entrances on Spruce Street, and Gibson Avenue in the southwest corner of the Park. This is consistent with the Mobile Home Code (.2 entrances required) and has been encouraged by City and County engineering . departments to reduce traffic on Gibson Avenue. However, a third entrance to the park can be. provided. to the northCright-of-way abuts County property), t be utilized when construction of the proposed'County feeder road is initiated. d. Impact on school and pOlice facilities. The City Planning Department.has indicated that the. proposed development will have minimal impact on school and police facilities and is not expected to require any additional personnel or equipment, e. Community Need for the' Park. The Smusm1er Mobile Home Park has traditionally been -Cl major source of employee housing for the City of Aspen, due to the reasonably priced homes and a location convenient to town and bus transportation. The need for such housi.ng is well established in Aspen, as confirmed by the Ci.ty Council in the Smu'Jgil;er Settlement Agreement, which specifically called for its implementation in the shortest time possible. -16- /'....\, ~ .i/> 11. Housing Price GUidelines. To expedite the d.raftingof applicable. rental and resale price guidelines, AMP has arranged meetings with City and County housing authorities. As previously outlined, both offices have indicated agreement on guidelines, to be submitted to Planning and Council by mid-June. This is consistent with. the Settlement Agreement (p. 4, paragraph 41, which places responsibility for the creation .of rental and price . guidelines upon the City; it is currently fashioning these guidelines in the manner the City determines to .be in its best interest.. 12. 'Compliancewitli Aspen"s' Mobile Home Code. A detailed discussion of code issues follows in Section VII of this submiE;sion.. 13. Internal Road Access .t6 Mobile Homes. To address concern ~t,( '~.00S"" t of 'the Planning and Zoning Commission, AMP has revised \~ =:> its site plan to provide internal roadway access to all mobile. homes in the Park (see Map 61. 14. Third Park. Acc'essPoint. The Planning and Zoning Commission has expressed the desire for a third road access point to the Park. As previously mentioned, AMP will therefore provide a connection t.o the County feeder road currently under consideratiDn to the north of the Park (see Map 61. -17- , ,-. ,,-., ,> B. Other Issues; 1. Water Service As outlined in the enclosed memo from the Aspen Water Department, the existing water system in the Smuggler Park was found to be substandard but in satisfactory condition for continued use. Improvements will be made, however, as follows Csee Map 2) : a. The exis.ting 4" water main to the west, currently C I~, ,.. . l-"-^ V (I ~, n .- .~ feeding all Park service lines, will be abandoned and replaced with an 8" line. This will provide \Jf'\~(" \-r-_..:;. ~,; o ~) /.--:) continued service to existing homes and to new -'" mobile homes, and improve water pressure for new \) \.t; ," fire hydrants. ;'M. ."..i:-'7 ,,'V", . / b. An all new, code-complying water system will be installed to service the 20 new trailers to the i~ ) ""1 north. (Parcel Cl. Preliminary engineering for this project has been completed,. with maintenance of the installed system to be assumed by the Aspen Water Department. 2. Soils Report A soils test and perc test were conducted the week of June 1, 1981, to facilitate engineering of new trailer pads and a park drainage system, and to identify any potential l?roblemswith s.oi1s stability. Data will be. provided to Planning and City Engineering as soon as it is available. -18- I I I , r-. -. 3. utilities for New Mobile Homes All new, code-complying utilities will be installed to service the 22 new mobile homes to be placed in the Park (see Maps 2 and 3). Construction will be as follows: ",' a. Sewer. 8" PVC mains will connect to 4" PVC service lines to each trai1e~with flexible couplings. All codes will be met with respect to grade, depth, distance from other utilities, etc. b. Water. 8" ductile iron mains will connect to 3/4" copper service lines to each trailer. All codes will be met with respect to pressure, distance from other utilities, etc. c. Gas. 2" and 1 1/4" PE mains will connect to 3/4" PE service lines to each trailer. All codes will be met with respect to depth, pressure, cut-off capability, distance from other utilities, etc. d. Electric. Undergrounded, 100-ampservice will be provided to each trailer, from new meter stacks to trailer pedestals. All codes will be met with respect .to depth, distance from other utilities, etc. -19- , , ~ ,'-" VII. Compliance. with Mobile Home Code. 'll As a mobile home park, the Smuggler falls under the requirements of Chapter 14 of the Aspen Land Use Code. However, as part of the Settlement Agreement reached between the City of Aspen, the Aspen Mountain Park Partnership and the Smuggler Homeowner's Association, it was agreed that park development would pr~ceed in a manner "to improve the health. and safe.ty conditions of the park," and to proceed in a manner "which was as consistent as pos.sible. with existing codes of the City of Aspen" (memo, Aspen Planning Office to Aspen City Council, May 18, 1981}. Thus the intention of the agreement was to improve health, and safety within the existing park while making it "work" in its present form, and to recognize park meet all health and safety related codes: with. respect to utilities, fire protection, etc. Certain coge requirements are not met, however, on such. items as storage space, recreational - vehicle. parking, recreational/open space and minimum lot size. Therefore, consistent with and in th.e spirit of the settlement agre.ement, this applicati,on identifies those areas appropriate for amendments to the, existing code, or reques.ts that under SPA/ PUD regulations, be allowed to vary from requirements under Secti n 24-8..3 of the pun .Code. -20- . , ,,-., ,.-.., ,eo Similarly, the proposed development of 22 new mobile homes meets all health and safety codes, but will require a code amendment to allow a dup1exing arrangement. Proposed development has been reviewed comparing the existing Park (Parcel A) to "New Standards for Existing Parks," and new mobile homes (Parcel C) to "New Standard for New Parks". A. Utilities With the installation of new underground gas,e~~s::t~:i.c -. ._-_.._---.._-~_..~,-'-, and sewer service to all existing and new units, all relevan codes will be met with respect to size, construction, capacity, location and easements. As previously discussed, the water system serving existing mobile homes was found to be below current code standards but safe for continued use by the Aspen Wat~r Department; a new code-complying water system will be installed for the additional 22 mobile homes. B. Trash W~ Jl 02<; -: Appropriate receptacles will be placed among both existi g 0:-, r c:,J~'y.v'i^ ,'0 ,':) (/ LN"\.j-{fJ and new homes, to meet distance (200') anq capacity (4 cu. 1\.0 foot) requirements. C. Fire Existing and new mobile homes will meet standards for fire access, water source and pressure. Code is not met on distance from fire hydrants (175'), with a current maximum distance of approximately 500'. However, the Fire Chief has preliminarily approved the recommended plan for existing and new units (with additional fire hydrants) due to hose and water capacity in current fire trucks, and ease of accesS to the Park. -21- . . ,,-., . /--, ,<> D. Lot Area Requirements [Section 24-3.4} Existing mobile homes and development of new homes meet '^: :c{<'f/vo standards for front, side and rear yards [5' each}, maximum ~~' ~ 00' " ~-:t height of trailers C1S '.) and buildings {2S'}. Code <; ,L vi A^,Q requirements not met are: 1. Separation of main and accessory buildings CS' required) As pointed out by the building inspector, there are numerous sheds and additions in the existing park (Parcel A) which do not meet this code requirement. As these buildings are owned by the current park tenants, the applicant will work with them in inventorying code violations, and reach. an agreement with the Building Department with respect to code remedies and timetable. Accessory s:torage areas to be provided for new mobile homes (Parcel C) are attached, and thus also do not meet this code requirement. However, these will be metal, non-combustible structures, and consideration of a code amendment or PUD variance is requested by the applicant. 2. Minimum Lot Area (.3000 square feet required) a. Existing Park [Parcel A) - While lot lines have been shifted in many instances to provide more even sizing the average lot size in the existing Park is 2,850 square feet, varying from a minimum of 1,600 to a maximum of 4,160 square feet [see Map I). Meeting this code would require elimination of existing units contrary to the intention of the Sett1eme.nt Agreement -22- . . I j/'c ot 12-.rL-.. t1 t!-- v~ kS I"' <- .'\. "!i ' U,~ a..-{'l1~) Cl~~ /'"'">.. I~, ''I> to pres.erve employee housing. The applicant thus requests consideration of an abatement of the Code on lot area or a PUD variance under Section 24-8.3. b. New Mobile Homes (.parcel C} Despite the reduction of the number of new mobile homes from 26 (Settlement Agreement) to the current 22, lot sizes average 2,985 square feet, ?"-varying from a minimum of 2,420. to a maximum of 4,990 square feet lfree standing mobile. homes to northwest}. For reasons outlined above. under existing park (preserving employee. housing}, the applicant requests an abatement on the code on lot size., or a PUD variance. 3. Lot Width (.40.' required} Lot width in the. existing Park (.parcel A) averages approximately 40.', varying from a minimum of 25' to a maximum of 60.'. Lot widths'in the new development area (Parcel Cl average 29', below current code. standards However, consistent w'ith the intention and terms of the City Settlement Agreement, the applicant requests an abatement of th.e code to allow these lot sizes or a PUD variance. 4. Set Backs from Streets with set backs of 30.' from Spruce. Street, 40' from Gibson Avenue a.nd 10' from interior ..roads, both. existing and proposed mobile homes meet all app1i.cab1e. City codes. -23- . . ,"-" . /'"'">.. ,9 5. Unit Spacing a. Existing Park (parcel Al Mobile homes in the existing park meet all standards for clearance side .to side (J.O' l, end to end (10') and side to end (10' 1 . The standards not met are: clearance from unit to addition (6') and unit to deck or fence (6'). As previously discussed, the applicant will work with current tenants and the Building Department t.o i.nventory specific code violations and implement appropriate remedies or c.ode exemptions. b. Proposed Deve.10pment As indicated on the enclosed Map 6 of the development,. 20 .of the 22 new mobile homes will be placed in a duplex or side by side arrangement, to maximum use of the limited space available. This does not meet the current mobile home code for side to side spacing (.20'). The design and construction cof these mobi.le h.omes, with. one:chour fire walls between, will comply with both. the Federal Standards for mobile homes (ANSI) as well as the 1979 edition of the Uniform Building Code. They will also conform to the codes pertaining to the R-l occupancy group (single and two family bui1dingsl, meeting standards on egress, fire-resistive construction, etc. Where codes -24- . .~ . /",,', .~ conflict, homes will be constructed to conform to the more stringent standards. As the applicant believes these units to be healthy and safe homes, and units of this type are currently being marketed by such major manufacturers as Continental, we believe a code amendment to permi their use is appropriate. 6. Parking I/{ 0 ,,,,-- r...L_.-./ .1':-:'( /{: :\ (} \jLL i"I..-', l {\ \r.1. \ \ r':-,.".."",r, P....'{v'C . \. \ , <--'\ 1"-> ' ~ j i, \'1 \0 v '\ D 1"'-' I"'"-' .. ","",~~ - ~..."~.. '-'_.'-~"-- ~ a; Existing Park (Parcel A) Off-street parking is suggested within the lots of current tenants, to meet codes on type, location and number of spaces. Parking for guests and '/ overflow is recommended for the 8' right of way provided on either side of the proposed 24' wide interior roads. With 'parking specifically prohibi,ted on the road itself, this arrangement has been preliminarily approved by the Fire Chief in terms of emergency vehicle access. However, it does not meet codes requiring a minimum of 50' road width for on-street parking, and a code amendment or PUD variance would be required. The proposed development mayor may not meet code requirements for recreational vehicle parking, depending on the decision of the Smuggler Homeowner's Association on use of the southern-most Park road currently slated for abandonment. The Homeowners are currently considering use as open space or additional parking. -25- 114~, , \A---. I!.MyV\..~Q \1..\ \'Z;S'I <; ":;1""-. 0. 'S ')S,H'~ f ,f,' ("t~ ,/'"'">.. ,~ b. Proposed Development (Parcel C) Parking for new mobile homes meets all automobil parking requirements for type, number, and location, except guest parking. As previously discussed, a code amendment or PUD variance is suggested to allow parking in the roadside right-of-way provided. Also not meeting code is the lack of recreationa vehicle parking on the new development. Given space constraints, the applicant suggests that housing is more important than RV parking, and asks that a code amendment or PUD variance be considered on this issue. 7. Common/Open Space with 1.Q1 acres of open space provided within the existing Park (Parcel A - 9.144 acres), the City code requiring 10% open space in existing parks is met (provides 12% open space). Parcel C, the proposed development of new mobile homes, is utilized entirely for fee-simple lots or right-of-way, and thus provides no open space (Parcel D, ~ to be deeded to pitkin County, is not included in open space calculations, nor is the open space available in the adjacent Parcel A). Th.e applicant is therefore requesting a code amendment or pun variance on open. space to permit this construction of controlled housing. -26- !fl. .~. " ,-., '-'. B. ------ -------- -27- ~ ~ . - c , , ,...., ,...., .,EMOMNDUM TO: Aspen City Council FROM: Alan Ricnman, Planning Office RE: Smuggler Mobile Home Park Conceptual Submission ' DATE: May 18, 1981 APPROVED AS TO FORM: ~ ~ .(, (,I /i~ "I l {,~I 1..e.L . location: Zoning: lot Size: Background: Applicant's , Request: . ..' ' '''''"':t"".~".." Gibson Avenue at Neale Street Specially Planned Area SPA 11.80 Acres On October 9, 1979, the Aspen Mountain Park Partnership (AMP), a corporation which had purchased the Smuggler Trailer Park with tne intention of redevelopment, issued a notice to tenants that the rents for mobile home spaces were to rise substantially. In response to that threat the residents approached the City to petition to be annexed. following annex- ation the City began "friendly condemnation" proceedings against AMP as a means of maintaining the trailer park as a location of employee housing. Subsequently, it was determined that such an action would lead to excessive financial exposure for the' City. The City then entered into negotiations with the owners of the park with the following objectives in mind: - to place the existing tenants' of the park in an ownership position at a reasonable cost; ~_to. improve the health and safety conditions of the park; and ,.,.. '- to reach a settlement agreement which was as consistent as possible with existing codes of the City of Aspen. A settlement agreement was reached between the City, AMP and the trailer park Homeowners Association, a copy of which is attached for your review. The terms of the agreement provide a financial basis under which AMP agreed to liquidate its holdings in the park. AMP agreed to make certain improvements to the utility and road systems in the park and' to make the spaces available to the present owners of mobile homes at a price of $25,000 per space. Following the sale, all units were' to be placed in the employee housing pool via a mechanism which was not identified. In exchange, the park ~Ias to be permitted to be expanded by 26 additional deed restricted mobile. homes, to be sold at a price not to exceed $70,000. AMP also . was to receive the right to develop 19 free market units on another site within the City or on land to be annexed to the City. These 19 units were to be exempted from the GMP through a code amendment which would need to be enacted. One suggestion, ,to meet this need is the so' called "90:10" provision. ' Negotiations between AMP and the Homeowners Association have resulted' in slight revisions to the terms of the agreement. The applicant is currently requesting conceptual SPA and subdivision approval to divide the existing park into four distinct parcels, including the development of 22 new mobile home units. These units would b~ deed restricted as employee housing and be used in the cal~ulation of a 70:30 GMP exemption for the Pitkin Reserve Subdivisio~. This latter request represents 12 of the agrced to 19 free market units. resulting from the Settlemcnt Agreement. Figure 1 illustrates how these requests fit within the overall planning review process. ~ , .' . /'"'">.. .1""'\. .' I o o tI>::> cn g~ ... ... IIIC III'" ... .... o '" '0 ~ N . 0 0 '0 10 tI>::> c: cn :z g~ n .... n ".r+ r- OO 0 IIIC .... :> III", '" n ........ ::> c 0 ::> "1 ::J ... ftl ::J "" ::> r+ i1? '0 < .... .... r+ III ~ ~ ... ::> ti' i1? . ., III ~ III ., "'" W 'N .... '0 '0 /D < ...... ...... ...... ...... ., /D 'O/D ~ ~ , c .... i1? -l i:f '" VI tT ... N C ., ~n ~!3' ., '0 ....3 "" < na", ?;~ \00 ~~ )> .... ... "" .... 0---- co. 10'0' n::> .... ~ 0::>.... /D .... .. .f't) ... ......, Illr+ I>> /D '0 .... III ::>Ill .... ~~ 3 :::r. if~ ., ~~., 0. e?; '0 ." 3:X: ....../D rt3: '" 3: "T\ ., ClI -. '"0 !Hl /D /D ....'" .,'0 0 ... 0 r+N'" ::I 0::> ... .... tT '" n .~. -.cu "'1 lit/D ~ c: ::>'" ::>1>> .... c: /D --- <rt~ ::> III"" "" rt .... ::0 .11I /1).... n /D ... III /D ITl III on o' ::> rt 1;1 ::>0 0. rt III :x: .... .......::> III ::I ~ 0. r+ 0 I '0 '" "" W N .... "T\ n "1 ...... ...... ...... ...... .... 10 ?<' ::> c: '" :z VI -l .... C> .... .... n c "1 III .... ~!3' ., III .... [ 031>> nrt III "'0 r+ '0 r- 0-.-1. 0 n... 10'0 x~ .... ... 0 ::I .... 0.::0 0 .. .... Illrt ::0 '" III '0 "'/D /D/D 0.::0 WO 3:::r /D rt III /Dc., '" /Dill 10'< '0 '" ... "13 ?;9: '" ....../D rt3: 0. 0 s:u -''''''0 f;: /D ...", ... :> r+N", /D:> 0::> ::I ...."'"1 ::><0 c: "'''' <0 Ort="" fti:f "'<0 ::> III <0 ::I.... . ~'" .... III on rt 3 ::>0 ::I.tT III ::.;:: III /D .......::> lit::: ::> "'0 '" 0. r+ rt VI 0 /1) ~ I s= ./If . w N .... '0 n ...... ...... ...... C 10 . tT. c: . .... :z N N N .... n . ::I ::> '" n .... no. no. 0. r- 0 0 :c o.;l:l 0. ::0 i1? /D /1) III /D/D '" ~.g, '" '" "1 f;: 0. ... ... ... ::> ::> :> <0 ::IC,Q ::I"" IQ ft' ~, I /D' ::lis: ,~~ VI littT '0 .... )> .... /1) :c ~ I , 1'""\ .- Memo:' Smuggler Mobile Home Park Conceptual Submission May 18, 1961 Page Two Review COIlUllents: :r: I , The comments received during the review of this application may be categorized as follcws: '. 1) Basic engineering/design concerns; and 2) Planning process issues. Each of these areas is addressed in detail below. Basic Engineering Design Concerns The Engineering department, in a memorandum dated April 22, 1981, comments that this submission improves significantly upon previous plans as regards circulation and density. Nevertheless, they identify numerous deficiencies in the current proposal. First, the Engineer notes that since heither parcel B nor C fronts on a public or private street, it may be necessary for the developer to dedicate a private access to both parcels. Parcel B has been given to the County in exchange for land involved in the Pitkin Reserve application. In a memorandum from the County Ilousing Office, ' the Housing Director indicates that the County would like to give Parcel B back to AMP in exchange for an easement along the existing dirt road which is shown through Parcel C, where the appli- cant now proposes to build new trailers. The areas on either side of the road are steeply sloping and to place the new road in either of these locations would create a highly visible, broad cut. The Housing Director also suggests that the de- veloper use Parcel B to construct a multi-family housing structure rather than the new trailers. 'The Planning Office and Engineering Department, in a site visit with the Housing Director, were shown that the County plans for the Smuggler/Silverking area are still formative in nature but represent a major effort at solving the over- all community employee housing problem in this nearby loca- tion. We feel that it is in the best interests of the en- tire community not to preclude any options which are currently being pursued to provide "the infrastructure necessary to meet employee housing needs. The road being considered by the County would be a major loop connecting the Silverking/ Smuggler area to Park Circle and also to Mill Street, thereby providing improved circulation in the area, The Planning Office recommends that the applicant enter into negotiations with the County to try to resolve this issue. The second major design concern raised by the Engineer involves the duplex trailer arrangement proposed by the applicant. The: . Building Department comments that this arrangement poses pro- . blems in terms of light and ventilation, fire separation and access and egress. In fact, the existing mobile home code of the City of Aspen does not provide a basis for reviewing and approving a duplex trailer arrangement:. The Planning Office therefore recogni zes that it. wi 11 be necessary to process a code amendment to the. mobile home park provisions, based on state and national standards, by which such trialers may be permitted in , the Ci ty of Aspen, '. , The third major design concern raised by the Engineer is utilit1e ~lhi1e water system . improvements do not appear to' be necessary . at the present time, the Aspen Metro Sanitation District comments that the new trailers cannot be served until the sewage system is upgraded. The Electrical Inspector comments that electrical service to a majority of the units presently at the park re- presents an imminent danger to life, health and safety and should .be corrected immediately. The District Manager for Rocky. Mountai ". ,-.., ",-., Memo: Smug9ler Mobtle lIome Park Conceptual May 18, 1901 Page Three . Submission Natural Gas states that the present gas lines should be replaced in the interests of safety. ,Finally, the Engineer notes that drainage needs shoul d be acconrnodated th:ough drywe 11 sin subse- quent site plans. Miscellaneous concerns of the Engineer include: - That Parcel E, at 10,020 square feet, is a substandard lot in the surrounding R-15 zone district and should be expanded to the 15,000 square foot mi nimum;. - That the developer dedicate right-of-way at three loca- tions to accommodate the needed expansion of both Gibson Avenue and Spruce Street; and - That in order to permit road maintenance and sno~ removal on City streets, the Engineering Department requlres 60 feet of right-of-way. The roads in the Smuggl~r system are insufficient to permit dedication to the Clty for these purposes. P~anning Process Issues: The Planning Office review of Chapter 14 of the Code, "Mobile Homes and Mobile Home Parks" uncovered several issues which must be addressed by the applicant. Section 14-3 sets minimum submission requirements for any expansion of a mobile home park. These provisions include: , 1) Compliance with Planned Unit Development requirements; 2) Submission of a landscaping plan, to include all site improvements; Description of fire protection facilities and plans; Analysis of traffic impacts, school impacts and police impacts of the expansion; and 5) Assessment of the community need for the expansion. 3) 4) . The need for this information was uncovered at a very late stage in the conceptual review process. The Planning Office therefore "felt that in the interests of expediting the conceptual review, it was appropriate to work with the applicant to determine those requirements which should be met by the applicant prior to review of thi s request by Counci 1. ' The conceptual submission before Council at the present time does not provide a mechanism by which the eXisting mobile homes in the park are to be retained within the employee housing pool. The City and County Housing Directors are currently formulating an approach which would place restrictions on the eligibility of the buyer on resale, rather t~an the price of the units. This . mechanism is necessary because the trailers were bought at free market rates while the land price is controlled by the settlement. Since no low interest financing appears to be available, it would be unfair to the residents to restriLt the units to tradi- tional low, moderate or middle income guidelines. Until the details of this mechanism are finalized, the Planning Office recommends that you 'exclude considel"ation of this issue from : your deba te . Section 14-6 of. the Code, sets standar.ds for mobile home parks, Since this park is more ~han five years old, it should no longer be reviewed unde~ the minimum standards for existing 'parks but instead should meet "new standards for existing parks" which represent a more stringent :et of review criteria; In fact, that portion of the park subdivided for the new trailers should meet the most stringent "new standards for new parks". The 8uilding Department conVlIents concerning spacing, encroach- ments, setbacks, recreational vehicles and parking should all be vie\~cd in light of these standards. Furthermore, the exist- ing park is required to have lOX of its area for recreation, 1'""\"-" Memo: Smuggler Mobile lIome Park Conceptual Submission May 18, 1981. Pagc Four Planning . Office Recommendations: while thc ncw park must reserve 20% of its area for recreation. The Planning Office will need better data to determine com- pliance with these standards. Finally, two issues emerged during the review of this applica- tion before P & Z. First, there was a concern that at least one trailer did not front upon the i.nternal roadway system and thereby would have to directly use Gibson Avenue. Second, P & Z did not feel that the two proposed access/egress pOints on Spruce Street were sufficient to meet the circulation needs of the residents and recommended that the applicant consider revising the site plan to show a third entrance and exit location. The Planning Office recommends that you approve the applicant's request for conceptual subdivision, subject to the following conditions: 1) The aPplicant's revision of the site plan to insure that parcels Band C front on a public or private street; 2) The applicant's agreement to enter into negotiations with the County to resolve the issue of the need for.a road in Parcel C; . 3) The applicant's agreement to upgrade the sewage system. to meet the standards of the.Aspen Metro Sanitation District; 4) The applicant's agreement to bring the electrical service .' throughout the park up to Code specifications, meeting all comments included in the Electrical Inspector's memorandum dated April 28, 1981. 5) The applicant's agreement to replace all gas lines deemed unsafe by Rocky Mountain Natural Gas; 6) The applicant's revision of the site plan to designate drywells to accommodate drainage needs; 7) The applicant's revi~ion of the site plan to expand parcel E to a minimum of 15,000 square feet; 8. The applicant's recognition that due to insufficient road right-of-way, all streets will need to be pri- vately maintained, including snow removal; g) The applicant's dedication of right-of-way at the loca- tions identified by the Engineering Department to accom- modate the expansion of Gibson Avenue and Spruce Street; . .10) The applicant's 'agreement to provide allinfonnatil)n re- quired by Section 14-3 of the Code prior to review of the; conceptual submission by City Council; . i 11) The: applicant's agreemen.t that since insufficient housing price information has been. provided to the Planning Office that any conceptual approval by P & Z does not necessarily include approval of the employee housing restrlctions pro-. posed by the applicant; I, , l' , :i' ',j 12) The applicant's agreement that parcel A meet the review criteria' entitled "New Standards' for Existing Parks" while parccls C and D (and B if it is dcveloped with, mobile homes) meet the review cl"tteria entitlp.d "New Standards for New Parks", to the satisfaction of the Building and Engineering Departments; -~.- % . . 1""'. 1""'\ . I "Memo: Smuggler Mobile 1I0mc Park Conceptual Submission May lil, 1981 I' Page Five . I I 13) The applicant's revision of the site plan so that all trailer units have frontage.on and direct access to the internal roadway network; and l4)'The applicant's agreement to continue to consider the design of a thir~ access/egress point for the trailer park from the most suitable location. I P & Z Action: At a special meeting on' l1ay 12, 1981, the Aspen P 0. Z concurred with the Planning Office recommendation, including all fourteen conditions listed .abov~. The applicant submitted a memorandum at that meeting, attached for your review, agreeing to the twelve conditions listed at that time. The applicant has since agreed to the remainin~ two conditions numbered thirteen and fourteen. I .' Council .Should you concur with ,the recommendation of the Planning Office Action: and P & Z the appropriate motion is as follo~s: "I move 'to approve the reques t for SPA and conceptua 1 subdivision review ~or the Smuggler Mobile Home Park, subject to the conditions listed above." , -" .' .i . . !. r-- ,.-." ASPEN WATER DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: DATE: JAY HAMMOND - CITY ENGINEER JIM MARKALUNAS YOUR MEMO OF 4-7-81, SMOGGLER TRAILER PARK WATER SYSTEM APRIL 10, 1981 I have looked at the pipe you brought up and consider it in exceptionally good condition, considering it was installed, to my knowledge, sometime in the early 60's. This pipe is at least 15-20 years old. I believe the north sample was installed in the late 60's early 70's. From my experience, I believe you could get another 15-20 years life out of this pipe. Please be advised that there is evidence of deterioration of the galvanic coating on the exterior, particularly the sample marked, "w." And dependent upon localized conditions, certain segments could fail earlier; but I am certain, under the worst of conditions, in not less than 10 years. Secondly, given the number of trailers served, the existing piping is somewhat smaller than standard and/or there are too many trailers for 2" lateral. Therefore, it is possible during peak use, the trailers might experience an inordinate drop in pressure. However, I don't believe it would be significant enough to warrant the replacement of the lines. You might check with some of the long-time residence of the trailer court in respect to this. It would be my recommendation that, given the localized conditions, that you leave well-enough alone and make use of the existing system, and at some future point in time, lay new liries in the access areas, rather than under the trailers. Please keep in mind that this is somewhat like predicting the weather; ..'~' 7 "">> .. .. .:.. ..-'~ ill III II Ii i9gSElZ..Vlc.C,'LI~es: G 70FT-e~. - II . /. 'i :!4ro'. .;. "Z.. I):. I.. . I', . 1 II " 'Z.. I?<PO - \ 14 TV"o ,:>., t--=> Ii, I '4 _ Z.ll. " , I!( SO . '-, V-J V'(') 1'\ 11-.) . I'll !i Iii Iii L/:).(Oo<l. III Ii EQ\j I P/'YI~N "\ bp G/'-'~e:. @ 'Zo CZ . Cl r- ~\?.. ,II ii; Iii "I I,' . .' ~ G..J 1u...(}i2.'<i C....Jl1<pCL . 1'""\' u '>}'7/ t( .-, . Oi il. OeD. - M (:>,\7'..) (pc~ (. r\S~ <j)' e,I.SO , @l,oo fol ~ ';;),00 ,I' , r, I r-' '" \:::J-. . C> '2.. Soo - o lot 00"- 8coo.' '! CoOO. iil I:; Iii GeN~L OH I II CON\\~ <';8-.JCl~ Q Iii " I f : . ,i II fI III II I~;, 01!:;rc.o G:.<J~"'bG ii' U Iii -oF loT" .g,&f~<; .1 Ii ~ S-Uf~(bJOrJ 10% 2.0 800.95 ) Z ) 1 001 ~ to% () 100. - 1:.L C ., L. S ()(S7)- ) 16 f~ :hWlc.& s-~~ - L J ~(!;'S C\...\ TI 10 . '1-- rJ 0" Sol.) 0 l/-.l ~ <::> rz. N b..J ~?..cu v ( us C )...) 6:S Iii ) 1:1 w~~L ~)U...l3'J ~I-..J~.. .' fl,~.. r'v\Afrvi~ v-.l ILL 8.~ W I:i<H.l,(_ lL..(',U '::::f:> c''''''''"'l - 0/':' Ii /' . i 'I . '-'"''M PM.1\1 c),.;) ~'..e... 0 ~L \i2+,:.....p;.::y,;n-2:", I' .I., ...... ., )\~ h'0\:)I\J\DurvL 1\ \'(\ \ t-J ~ ~ (::- ~<3-f\~l'N b (0\21 .:'.. , ,~ ,I))' \) "';r '( . \ , I"" ) I ~":7. I' '\ ',' J' !' .. ,)() .\ , , , , I \ : 'i " ~ . rI""'\ aNTI Nc;;tSVT t~o.J i v-> G' o f'o j0 DC. ...l. '.f-l-- ( : 'l \. . \ "'1\ ,I \ " ,I ,', \ ,', .,J ), \ , .,.-- .\ I l' , I , ., .~ <;'~lcG Due>- ~C) '", ~N0\3=-.~1 O-N i?~\ N \ ~ l-:c./ , II"-lD!'\J\ a~i;:""L.,' ~L-~~ " I !: ,', <'I!i I:, .{; { ,I C\.<r'l' f ( COI IV ~ ' k<?~-;0 ," i;' 'I" I' ii! Of- ! !I ii! I,' 'I; Ii: Ii' r: 'j: ,l, , , .',' , / ..,/ ;' ;; " ,j. r i .ij , I ! .'1. ,I "..- .....-. ~ .~ . ' " 1 j , Mr. John Hawkins Interwest, Inc. February 18. 1981 Page Two j i ! " i , i ! Aspen Mountain Park Sewage Collection Facilities Sewage Collection Lines 1. 8-inch SDR-35 PVC Pipe 2272 lineal feet (L.F.) at 18.00/l.f. .c' $40,896.00 2. Manholes - 9 @$950.00 8,550.00 3. Sewer Service Lines Including 4-inch wye, 50 lineal feet, 4-inch . PYC.pipe, cleanout, and flexible sanitary connection with' . removable 4-inch screw type plug. /8~ach @ $850.00 87 $74,800 00 Subtotal $124,246.00 4. Contingency for legal, engineering, etc. 30% $37,274.00 Estimated Project Budget $161,520.00 If we can be of furtber assistance, please call. Very truly yo.urs, WRIGHT-McLAUGHLIN ENGINEERS 'B~B:t=loot;>pri~mj cc: Hei ko Kuhn Tom Dunlop ltIropl1l1ul Page No,' of Page BASALT ELECTRIC CO., INC. p, O. Box J BASALT, COLORADO 81621 923.4639 927.3947 PROPOSAL SUBMIITED TO PHONE Interwest Inc. STREET J08 NAME 10 East Durant CITY, STATE AND ZIP CODE ATTN: John Hawkins Smuggler Trailor Park JOB LOCATION As en Co. 81611 s Co 81611 ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: Bid Includes: 100 Amp undergrond service to 88 trailor spaces. 100 amp meter pedstals (~'l"fUI-l ut/l..) Neww meters housing and disconnect on poles to go overhead No digging or backfilling or sanding Not responsible for cables cut in digging 30'~ of contract to be paid when contract is extra charge awarded to repair same J)'''1''''6/~b1'''/~Fi tlo-;'" T7.oo I u#. Al>r. ::: "'31,061> ,...,'TJIoL JoC> '" ltll"J 00'0 JIlIr JrnpUlit hereby to lurnishmaterial and labor - complete in accordance with above specifications, for the sum 01 One Hundred Ei ht Thousand and no 100-------------------------dollars ($ 108,000.00 Payment to be made as follows: Estimates will be billed b the 1st of each month and of the same month. Final payment will be due 10 1 0 late char e will be added to an balance ove All material is 8uaranteed to be as specified. AU work to be completed in a workmanlike manner .according to standard practices. Any alteration or deviation from above specific". ticns involving extra costs will be executed only upon written orders, and will become an elltr. ch~HB. oyer and aboye the estimate. All aBreements continBent upon strikes. accidents or delaY$ beyond our control. Owner to carry fire, tornado and other necessary insurance. ~r workers are fully covered by Workmen's Compensation Insurance. Authori Signatur Note: This proposal may be withdrawn by us jf nol accepted within 5 days. ( Attl'ptutttl' pf Jl'PpP.llUl- The above pdces. spec;f;ca';ons and conditions are satisfactory and are hereby accepted. You are authorized to do 1he work as specified. Payment will be made as outlined above. Signature Date of Acceptance: Signature ~oP'" . l~ (lI,W''''(U'' ,~~o . ,.~w HIG~~"D BUO'''EIlS SERVICE, mc 'OW~OE~D, MAOD 0'4(18 - -,- >~j:.:-,~:r,. Ii i'~I" 'I~,' M1~:: 1& I: ~.: i ji ,-.., ( . 1""'\ f:~:Hu9 ql'71~ '\.. . ~V\. . I: ., I I I j , II SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT made this day of , . 1980, by and among the Aspen Houn tain Park i I Partnership, a Colorado General Partnership ("AMP"), the City I of Aspen .("City") and the Smuggler Trailer Park Homeowners j Association (" Associa tion") . ,j i WHEREAS, AMP is the owner of the Aspen Mountain Park I ("the Park") formerly the Smuggler Trailer Park, a mobile home I park consisting of approximately 87 mobile home sites, situate 'within the City of Aspen upon the real property more particularly' described in Exhibit "A" hereto (hereinafter sometimes the "real property"); and. WHEREAS, the Association is an association of the : residents, or owners, or both of the Park; and,' i WHEREAS, although not restricted in terms of rental and I resale price controls by deed, covenant, legislation, or otherwis " I the Park historically has supplied a significant portion of the employee housing inventory of the City; and, , , I I with a view toward developing the entire real property into a WHEREAS, AMP purchased the Park for investment purp05es first class mobile home rental park; and, I I I : notice of a substantial rent increase for mobile home spaces 1 I within the Park; and, '. Ii I: Ii threatened and began the preliminary institution of eminent Ii ;! domain proceedings; and, j1 Ii !i pursued the resolution of on-going disputes concerning the 'I Ii Park in relation to (a) the monthly rents charged by AMP per mobile home space, (b) the installation of capital improvements WHEREAS, on October 9, '1979, AMP issued to tenants a WHEREAS, in response to such rental increase, the City . : i WHEREAS, in active negotiations, the City and AMP have , in the Park and (cl the preservation of the Park as a source of II ,I , I i , :lOusing for local employees by means of concemnation, rent control legislation, or the like; and, I '. I .. , I' I : :.,,:',< -;.. I . r , I' .'l .' I. ~tJ"'}" OJ - I~, ' "","~"'~.'1.'t,l"",",l...,,1-~I< . 'I r; :,. i'~:.:~;\,}:;~~!i~(r~tt~~~~.. I " .H'" "d:. .J,t~~,~:~;,l\ ~~~'~!~. " ,.,:",.__.1 . ,( ."l...., . f ;; . i- n <I " " .f. d ;i , I I I I i I , I I ,I , ": . ,.Ii , II l: l ,,-.. 1""'\ I' ; r Ii II Ii jl Agreement in Principle attached hereto as Exhibit "B" with a I I! view toward resolving the disputes above-described pursuant to ! which, inter alia', the City was to purchase the Park from AMP I " for resale to the owners of the mobile homes; and, .' I! n " " i homes within the Park were able to consummate the purchase of the I Park pursuant to the Agreement in Principle due to financial i limitations; and, WHEREAS, AMP and the City finally entered into the WHEREAS, neither the City nor the owners of mobile WHEREAS, due to a combination of the constant threat of condemnation, resident unrest caused by potential displacement, and inadequacy of rents due to controls directly imposed by the City, AMP has agreed to divert from its original intent to develop the, entire real property as a first class mobile home rental park and has decided instead to liquidate its investment in the entire real property; and, WHEREAS, in an effort to arrive at a mutually satisfactory settlement of the disputes above-described, AMP I has expended considerable sums for legal, surveying, architectural,' ! and project consultation fees at the behest of the City once it , became evident that neither the City nor the Association ! financially were capable of consummating the Agreement in i Principle above-described; and, , I , I I property may best be liquidated and employee housing units preserve i I I , " " ,. i; WHEREAS, the City and AMP have agreed that the real by providing for different arrangements in connection with differe portions of the real property; and, WHEREAS, in order to remove the cloud of threatened condemnation to protect the City from the possible loss of a significant source of housing for local employees, and to protect the investments of Association members in their mobile homes from escalating rents beyond their control, the parties are mutually desirous of settling the dispute above-described -2- . . ':; .::;i;;~~;, , . "~. " ;~..J:.,,<<::!.~"';;A . , ,'. '.,"" ,'.,l "'~'f;. ,.01 , ,.t..;" ~~4~r">1\ , \ " ~'J: ". . ,"" . , 'r'" . .~. "c,;, "r"'~'''..t'" eo . ',{' .,' . _ " ',' ,', '\.'''flfj.f;.~rf~.r,. , 11 i~,"~;' ~ .. it' . r:'~' ",,' y:, . '! i "I l ,-..., C- '.1""'\ ,. " I: in the manner hereinbelow set forth, without resort, or further , i threatened resort, to fannal legal proceedings, including eminent i : domain proceedings. NOW THEREFORE, in consideration of the foregoing , lipremises, the making and performance of the mutual obligations !'and convenants herein contained, and other good and valuable I , . i;consideration, the receipt, sufficiency and adequacy of which I: I ; hereby are acknowledged, IT IS AGREED THAT: i i las reasonably may be practical, undertake to relocate below grade ',I certain electrical wiring within the Park, relocate and upgrade , the water and sewer distribution system due to any relocation of 1. IMPROVEMENTS TO PARK. ~w shall, as soon hereafter 2. SALE OF MOBILE HONE SPACES. The present owners of , to $25,000.00 per space. '. ! I period of I ! This offer shall remain open for a I i to employ 'their best efforts to complete financing arrangements I Ii for the purchase, but in no event !Cltet:. than () !::k~ ..l..., 198~. I ,; AMP and the City will employ their best efforts to arrange Ii financing for all owners who elect to purchase their spaces and ( :, the Association agrees fully to cooperate with AMP and the City ~ . Ii in this r~gard in terms of compiling such information as j! . P prospective lenders may ~equire, and the like. AMP will, if " " II necessary, provide carryback financing for up to 25\ of the owners Ii who elect to purchase their space but who are unable to .qualify . ., ., j time coterminous with the time required for all parties -3- " ,,'.. . .:, .,\,,;:~d~~~;(~r.~i , ",,"", ",""':II'Ir'.'~ 11,'<'(1 i " ' ,,~ I" I'J:~" r. r.l' .; .....t..~..'I\;'.~".~~f.ll,'.71!,1 \ "I.ffrt" "" :"':'~,;,.:.;I,;;~:,;:.l''''.~I~I;.~r.""I.' ":-~I;;; '.', ;,,-,,,'H .,"'1",," ~I ~ ~~,. . ',', ,,~' l.t,f, ,:: ,,,",,, "':\ ': \' , ,,' . . . ]' . '. f . I:. ; - c 1""'\ c . C I~ ' I' for conventional outside financing. The $25,000.00 purchase pric above-provided shall, at the election of the members of the Association involved in tha purchase, be deemed a maan per space price7 provided, however, that the Association members shall be required among themselves to apportion the purchase price as shal yield, upon closing, a sum equal to $25,000.00 times the number 0 . spaces involved in the transaction. In the event that the actual cost of improvements describ'ed in paragraph one (I) hereinabove is lass than the product of $2,500.00 times the number of' spaces involved in, the sale transaction, the .difference shall by AMP be set aside for the benefit of the Association for such further improvements to the Park as the Association deems necessary or advisable. 3. STRUCTURE OF SALE. Closing of the purchase and sal of the mobile home spaces shall be conditioned upon receipt of the governmental approvals necessary for the developments hereinafter provided. and will occur at a mutually agreed upon: date as soon hereafter as reasonably may be practical given (a) the efforts above-described to arrange financing and (b) the time required to obtain the governmental approvals for such developments. In ; order sooner to liquidate its investment here~nder, AMP shall havel' I the right to sell to or exchange with a third party the entire ! , , j real property or any portion thereof. Such third party shall be entitled to all the rights granted hereunder and shall be bound by all terms of this Agreement. Upon the closing of any such sale or exchange, such third partr shall in writing assume any and all obligations hereunder. Notwithstanding such sale or exchange, AMP shall be entitled to reserve unto itself the rights to as set forth in paragraphs 5 and 7 hereinbelow. 4.' RENTAL AND RESALE PRICE CONTROLS. From and after th develop; I closing above-provided, all spaces within the Park, including the mobile homes thereupon situate; shall be appropriately restricted in terms of rental and resale price controls in the manner presently generally applied' throughout the City and in whiCh~ha . '.~ i 'b . , city at. the time determines to be in the commun ty s ettar....:...;.; . "".""_l ,', .': "'~~:'~' ,',. ,'.,'~.;.~~.!~:./~;::,. . ''', ,"l::,.'..''''\~t;.,. iJ~fU'to/:'I~' . " ........:'t "~:;".1~1t'~('''''''~~''~' ...,'.. . . .""""" """'B ..... ~""r.", .-"'l, , 'j...,:;:.;:,........"...,,~~.,.~.,., , ~:":~', I~;"~ ,..'~.;~\ .:'~ . .~~ ' ," \1' i~,!\Fr,"'':I~:rt,I~..". .,,! . ,,-4- 01 ...f' . ~'''' . II I I II f1 Ii I. I: II I' " I' ! Ii 'I I I I , , I r i . i I (: r""", G. 1""'\ interest '.to the end that then and thereafter the entire Park. shal be and remain controlled employee housing within the meaning of existing legislation concerning housing of that Character, and as such generally applicable legislation may from time to.time be amended. Any mobile home spaces that are not sold to the owners of mobile homes and, hence, become owned by AMP shall 5. EXPANSION OF PARK. The Park will be expanded in size principally in the rear acreage to accomodate 26 additional mobile homes. Expansion and the relocation of any existing mobil homes in connection therewith will be done at the expense of 'AMP in the manner lease in the circumstances intrusive upon existing mobile homes and in accordance with a plan prepared pursuant to Specially Planned Area criteria of the City Code. These mobile homes and the spaces they for sale, unfurnished, at occupy within the Park will be offered i a purchase price not to exceed $70,000.00 and appropriately restricted in the manner set forth in paragraph I 4, hereinabove. I I 1 .6. RELOCATION OF EXISTING SINGLE FAMILY HOME. The existing victorian style single-story frame house presently situate in the front portion of the Park shall be relocated and either resubdivided elsewhere within the real ,property or, at.. AHP , discretion, relocated outside the Park. . 7. FREE MARKET DEVELOPMENT. AMP shall by the City be given the right to develop 19 free market units on property, as yet undetermined, either within the City or, if outside, capable of being annexed. This development right shall be transferable and assignable. Development shall proceed in accordance with . , . . " ..". ......./.'. :4...... .._ . existing zoning affecting the property or, in the case of: annexed . -5- , . .. ~,' , : . :;.~:~.[:' ..~~t!;':'~:;{;~i*;:(: .,. ...I:'o.,..'l....v..t'lfr.;... ~\'. . <.Y;':t". "~..l." !".t'."l"''' . . " ,<' .,' . ',;'~~ ,~C,.~'. J, ~. ,~~ , ,'.:.." ,'" ".....,.':il.~:;,!~i~4...i'.<!)...,~. ... 1/.' ,- , ' I.',. ",;#; 'P2;~~"""J'll' ,- " -"',,":',~~',"t,.)l\'r;., '!,f'lf4"''I,~' ." '" . " ',. ~.." L, j }:'~" . ~ .. ,. i' J.- t- [. L L ~ 1""'\ ".' , " 1. i; property, wi th Specially Planned Area cd teria. The City agrees ! (a) t~ enact such enabling legislation or amendments to existing " legislation, including to its Growth Management quota system legislation, as would ~ccommodate and permit the foregoing development right in exchange for the conversion. to employee housing of the Park and the addition of 26 new employee housing units, all as set forth above; and (b) on the application of AMP, to annex any property that may hereafter be acquired by AMP for the purposes of the free market development above-described, provided that such property otherwise is eligible for annexation as eligibi~ity is determined under Section 31-12-104, C.R.S., 197 8. RETAINED PARCEL. AMP shall retain ownership of the quadrilateral shaped piece of property consisting of. ~ ~ acres and situate at the northeasternmostsection of the property described in Exhibit "A" hereto. I 9. FURTHER DOCUMENTS, COOPERATION, GOVERNMENTAL I APPROVALS, DISCLOSURE. I. I each other to the end that the terms, conditions and provisions I hereof sha~l be fully implemented and effectual and to execute I such further documetns consistent herewith as may, in the ,. The parties agree fully to cooperate with circumstances, be necessary. The parties recognize. that in order to effectuate this Settlement Agreement further public proceedings and applications may be necessary. AMP agrees to process any I I I such further applications as may reasonably be necessary and the I , , J i I I i Association agrees to support such applications that ar~ consistenti with this Settl~ent Agreement. The City, including its staff and elected officials, agrees, to the'maximum extent permissible, consistent with statutory and other legal obligations, to take such steps and grant such approvals as are consistent herewith : and as may be necessary. The parties agree that this Settlement I, il Agreement and any other understanding shall be fully and publicly !I disclosed. -. ..,';'," .':-..... "'" '-6- , . .' ,...\ (,;\}X:;,i...:}.;~j~f'~ . " : :.' ";""".'''''~'':'~'''''<;.''~'il!'!<~'''';' . ,',:'." ;\,;,:;:,;,,\;:'~'f:;;-::.; \'~;~~ii...;'~.. ,', "rl',"',' .' .... .,', :,:' ...~'''. !i")'!~Ifi'"' '\c." u" . ," .' ~ , ,', '". ~"., .,'.', r.. .;1:. ;',~ . ...'....,."..."'~II~;1.IP "1 " ",' - ~',..:,,,.'; :~.fif"IN~f,'.i~{~ .f.... ,: ", '..,: 'r , \. , j ::," I . ~'. ;0'"' _, ~ . . i. ; . '. '",'. '1 ,I " " ;j :1 " I, (.:- I ~, c) ,-., .'.' , . 10. COVENANT AGAINST SUIT FOR Dk~AGES. The parties Ii i i I !i agree and acknowledge that no action at law for damages shall be! i Ii Y I' " i !i I ~ ,I ,. . ii " I' I I I , I " 1 , , I maintainable against the City in the event it determinesreasonab and in good faith that enabling legislation to effectuate this Agreement may not be passed; provided, however, that the City acknowledges, agrees and intends that, in reliance upon this Agreement, AMP (a) shallimrnediately undertake to perform its Ii obligations hereunder, including installation of park improvement " II arrangements 'for financial assistance in connection with the .sale of the Park, and sale of the Park all as above provided and (b) may enter into binding contracts for the purchase of property for purposes of free market unit development, all to the end that principles of vested rights and equitable estoppel, as contrasted j II " .1 n from monetary damages, shall apply to protect such reliance activities of AMP notwithstanding the inability of the City to pass such enabling legislation; and, provided further that in " the event this Agreement shall become the subject of litigation i; I: commenced by other than the parties hereto AMP shall defend, 'I I: " >l i! 11 " ; i I " indemnify and hold the City harmless from and against any and all costs associated with such litigation. " Ii II ;i I; ~ i I. ~ : i; " j; , . " j: . ,. !. " " i: j' II t -6a- . '.'," ,. ~''''-'~''"''''''"~ -- __ """"""""_M "-"', -...., ,,,,"":";-- . J'C/j/:'j,./ 4,j',. . :r:,;/J' ' :' Ii I!! I jii" I i I I i ! I.~ : ';.' ~i :; \. ;: r , '...'.r....~.,.... ~. . ,-..,. c-" , ;' .1""'\ ..,.......; IN WITNESS.WHEREOF the.parties have executed this instrument the day and year first above written. ATTEST: City Clerk '.' ATTEST: .' ~ ~-....~~ ~ - ,'I. ..' CITY OF ASPEN I I By Herman Edel, Mayor ..' ....1 ASPEN MOUNTAIN PARK PARTNERSHIP 9 SMUGGLER TRAILER PARK HOMEWONERS ASSOCIATION By "i "i i , I I ,'.. .'. /~~). ':.: ::: '-7-:' ,. '.:!:.':?~~~;i . ;'_,,~' . ,..:" ',,''''''''~f''~,.' ..',',.:;.." "''''''''f.r'~~;,:.~: ......:...'......:::;:~f~t~,:i. .. "'>"~:'^'~l '. ...,::'..:>kf.~~Jri;~~~~~ ~,ii;;. . ',-.' ,,\ I ;... ,\.,"",'. 'f"~: .~'t ~ ('{ , ' r;;' , j "(! 1 ,~"~.'ii'".: ;-.J,f.~.....};~ .~'.: ~. d~~'~.,:~. :)"I;J.'.~;"t~~.~~~!,:r.A, j~' . .' ",,,,,1:: A., . " ,....' .,...... 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