HomeMy WebLinkAboutcoa.lu.su.Smuggler Prelim.46-81
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\\. 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,
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~xe.m(2f~ /Vr'--J;,rfyVYt G mf " '
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~"sanitation District _School District
Mountain Bell ~OCky Mtn. Nat. Gas
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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
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X Subdivision
Exception
Exempti on
70:30
Residential Bonus
~Stream Margin
_8040 Greenline
_View Pl ane
_Conditional Use
_Other
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8. REVIEW REQUIREMENTS:
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9. DISPOSITION: /
P & z-L Approved J., Denied
Date (\. ~ '\ . \ '\ 'id/
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Council
Approved
Denied
Date
10. ROUTING:
Attorney
Building
Engineering
Other
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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.
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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.
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Very truly yours,
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Paul J. Taddune
City Attorney
Concurrence:
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nn, Planning Director
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Smuggler 110bile HOll\eowners Association
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SMUGGLER RUN HOMEOWNERS
BOX :5:1.9:1.
A~;PEN, CO 1:l:l6:1.?
OCT.. ? 13, :l9l'l~,
ASPEN/PITKIN HOUSING ~UTHORITY.
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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.
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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..
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- TWO (?) PAVED ~RIVATE PAPKING SPACES PER UNIT
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- PAVED GUEST PA~KING
- SHED PEBATE TO!HOMEOWNEPS, OR, SHEDS ON LOTS
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- FENCE REBATE T~ HOMEOWNERS, OR FENCES ON LOTS
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- UNDERGPOUNDING!OF GAS LINES
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- UNDEPGROUNDING!ELECTRICAL LINES
.... "I...ANDSCAP ING"
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THANK YOU FOR YOUR ATtENTION IN THIS MATTEP..
",i'C'AN r.ONS'[Y' '[NI"
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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
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MEMORANDUM
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TO:
Aspen City Counc~l, Mayor Herman Edel
FROM:
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Alexander E. Lipkin
Aspen Mountain P~rk
RE:
Smuggler TraileriPark
Pitkin Reserve "
DATE:
November 23, 198~
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This memo has two purposes:
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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.
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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.)
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MEHORANDUM
Aspen C1ty Council
November 23, 1981
Page Two .
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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.
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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
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The economic cons~quence of all of this is simply the
that we cannot eithe:rl- go further on f'inancial concessions
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with much more delay!without a substantial rent increase.
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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
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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.
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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
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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'
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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
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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 * * *'." '
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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.
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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-
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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.
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'MEMORANDUM
'Aspen CJ.ty Council
November 23, 1981
Page Five.
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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.
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ASPEN MOUNTAIN PARK
by
,Alexander E. Lipkin
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MENORANDUM
DATE:
September 25, 1981
TO:
Sunny Vann
Kathryn Koch
Ron Mitchell ~
Paul Taddune''''j \
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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.
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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
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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;
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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. '
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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,
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OATES, !HUGHES & KNEZEVICH, P.C.
By~{ t
R rt W. Hughes
RWH/caa
EnclQs;ures
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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
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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.
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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
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(A
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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
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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
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EXHIBIT "A" TO ORDINANCE NO.'
(Series of 1981)
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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
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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;
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~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.
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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
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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
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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
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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).
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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.
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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.
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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
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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
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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
---"--.
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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.
.
.'
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,-
.1""'\
FROM:
Jay Hammond, Assistant City Engineer
~
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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.
.',
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" .~1:i;I;lEN.PITKIN'RE~IONALBUII.;.DING DEPARTMEN
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MEMORANDUM
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. ASPE r...-r:
..... PLANNING \JWtU""
TO:
. FROM:
HE:
DATE:
Alan Richman ~
Bill Drueding & Herb
Paddock
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Aspen 'Mt. Park - Preliminary Plat. . Submission ,_, ,.",_ .,-$.,'
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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'"
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(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.
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VI"INITY MAP
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DAKAN
GUY
ASSOCIATES: PC
GLENWOOD SPRINGS.' r.nl nRAnn:
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.
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
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(a) Private rezoning applications are heard by P&Z only
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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~).
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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.
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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
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\ ~ 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
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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
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\.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.
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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"'~_.
...._,.,~.__..~>--_.._---_..-
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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
.-~-
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.
June 18, 1981
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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
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Aspen/Pitkin Planning Office
130 south galena street
aspen, €olorado 81611
MEMORANDUM
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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 .
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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.
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SMUGGLER MOBILE HOME PARK
PRELlMINARYPLAT SDB1>;lISSION
JUhE!4 . 1981
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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
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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
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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.
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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
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anticipated in this parcel other than relocation of 4 existing
trai.1ers is the addition of 2 new mobile homes to the west, which
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will be incorporated into the cooperative and are exempted
from the GMP due to their designation as controlled housing
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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
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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.
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v. .!'roject Descripti.o:::
A. Status of EXisting Park
1. The Site
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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
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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):
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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
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feeding all Park service lines, will be abandoned
and replaced with an 8" line. This will provide
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continued service to existing homes and to new
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b. An all new, code-complying water system will be
installed to service the 20 new trailers to the
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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.
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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.
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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.
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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
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and new homes, to meet distance (200') anq capacity (4 cu.
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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-
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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
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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.
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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-
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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
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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.
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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.
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.,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:
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location:
Zoning:
lot Size:
Background:
Applicant's
, Request:
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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.
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Memo:' Smuggler Mobile Home Park Conceptual Submission
May 18, 1961
Page Two
Review
COIlUllents:
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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
".
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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;
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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;
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"Memo: Smuggler Mobile 1I0mc Park Conceptual Submission
May lil, 1981 I'
Page Five .
I
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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."
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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;
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Mr. John Hawkins
Interwest, Inc.
February 18. 1981
Page Two
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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
$161,520.00
If we can be of furtber assistance, please call.
Very truly yo.urs,
WRIGHT-McLAUGHLIN ENGINEERS
'B~B:t=loot;>pri~mj
cc: Hei ko Kuhn
Tom Dunlop
ltIropl1l1ul
Page No,'
of
Page
BASALT ELECTRIC CO., INC.
p, O. Box J
BASALT, COLORADO 81621
923.4639 927.3947
PROPOSAL SUBMIITED TO PHONE
Interwest Inc.
STREET J08 NAME
10 East Durant
CITY, STATE AND ZIP CODE
ATTN: John Hawkins
Smuggler Trailor Park
JOB LOCATION
As en Co. 81611
s
Co
81611
ARCHITECT
DATE OF PLANS
JOB PHONE
We hereby submit specifications and estimates for:
Bid Includes:
100 Amp undergrond service to 88 trailor spaces.
100 amp meter pedstals (~'l"fUI-l ut/l..)
Neww meters housing and disconnect on poles to go overhead
No digging or backfilling or sanding
Not responsible for cables cut in digging
30'~ of contract to be paid when contract is
extra charge
awarded
to repair same
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JIlIr JrnpUlit hereby to lurnishmaterial and labor - complete in accordance with above specifications, for the sum 01
One Hundred Ei ht Thousand and no 100-------------------------dollars ($ 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.
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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
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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") .
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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,
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: notice of a substantial rent increase for mobile home spaces
1
I within the Park; and,
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Ii threatened and began the preliminary institution of eminent
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;! domain proceedings; and,
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!i pursued the resolution of on-going disputes concerning the
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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
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WHEREAS, in active negotiations, the City and AMP have
, in the Park and (cl the preservation of the Park as a source of
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:lOusing for local employees by means of concemnation, rent
control legislation, or the like; and,
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jl Agreement in Principle attached hereto as Exhibit "B" with a
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I! view toward resolving the disputes above-described pursuant to
! which, inter alia', the City was to purchase the Park from AMP
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" for resale to the owners of the mobile homes; and,
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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,
,
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I property may best be liquidated and employee housing units preserve
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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
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I: in the manner hereinbelow set forth, without resort, or further
,
i threatened resort, to fannal legal proceedings, including eminent
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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
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; hereby are acknowledged, IT IS AGREED THAT:
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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.
'.
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I period of
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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
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:, the Association agrees fully to cooperate with AMP and the City
~ .
Ii in this r~gard in terms of compiling such information as
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P prospective lenders may ~equire, and the like. AMP will, if
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Ii who elect to purchase their space but who are unable to .qualify .
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time coterminous with the time required for all parties
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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
!
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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
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city at. the time determines to be in the commun ty s ettar....:...;.;
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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.
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.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
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. existing zoning affecting the property or, in the case of: annexed
.
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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
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I such further applications as may reasonably be necessary and the
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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.
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COVENANT AGAINST SUIT FOR Dk~AGES.
The parties
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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
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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
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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
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indemnify and hold the City harmless from and against any and
all costs associated with such litigation.
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IN WITNESS.WHEREOF the.parties have executed this
instrument the day and year first above written.
ATTEST:
City Clerk
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ATTEST:
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CITY OF ASPEN
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By
Herman Edel, Mayor
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ASPEN MOUNTAIN PARK PARTNERSHIP
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SMUGGLER TRAILER PARK HOMEWONERS
ASSOCIATION
By
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