HomeMy WebLinkAboutordinance.council.040-90 ORDINANCE NO. 40
(SERIES OF 1990)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A PUD AMENDMENT
FOR TH]~ SMUGGLER MOBILE HOME PARK PLANNED UNIT DEVELOPMENT
WHEREAS, pursuant to Section 7-908 B. of the Municipal Code,
the Smuggler Homeowners Association as represented by Brooke
Peterson, submitted an application for an amendment to the
PUD; and
WHEREAS, there are several documents that address the
development of the Park, those are: Chapter 14 of the Municipal
Code, the Mobile Home Park Zone District in the Land Use Code,
the Declaration of Protective Covenants of the Mobile Home Park,
Rule and Regulations of the Architectural Control Committee, and
the Precise Plan (used as the PUD Plan); and
WHEI~EAS, the applicants requested to amend the Final PUD
(Precise) Plan to formalize the dimensional requirements and
eliminate the necessity to file an insubstantial amendment every
time a change is made on a parcel in the Park; and
WHEREAS, a duly notice Public Hearing was held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on Hay
22, 1990 to consider the amendment to the PUD; and
WHEREAS, after review and consideration of the
representations made by the applicant and Planning staff, the
Commission recommends approval to Council, with conditions, of
the PUD amendment; and
WHEREAS, the Board of Directors of Smuggler Mobile Home Park
have reviewed amendments and approve of the proposed amendments
to the PUD.
NOW, THEREFORE, BE IT ORDAINED BY TI{E CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Sectlon 1:
That is does hereby grant the following amendments to the
PUD:
Permitted uses: Mobile Home, Modular Home, or Site Built Home is
permitted within the Smuggler Mobile Home Park pursuant to the
dimensional requirements set forth in this PUD Amendment.
New additions and redevelopment: All additions to any Mobile
Home or structure in the Smuggler Mobile Home Park shall meet the
City of Aspen Building Regulations Chapter 7 of the Municipal
Code.
Basements: Any basement and floor system upon which one
relocates a mobile home must be capable of supporting the
relocated mobile home. All newly constructed basements shall
incorporate the radon mitigation technique that is being proposed
for the 1991 UBC. (Appendix Chapter 12 Section 1235,1237.)
Height: a) reduction of minimum service building height from 25
feet to 15 feet; b) the height of the residential units shall
remain at 15 feet as measured from the midpoint of the lots
average slope.
Minimum Lot Size: The minimum lot size shall be 2400 Square
feet.
Front Yard Setback: The minimum front yard setback shall be 0.
For every parcel in the Park there is an average 8 foot limited
common element from the edge of the roadside curb to the front
property line. This common element is intended to be used for
off-street parking for the homeowner.
Rear Yard Setback: The rear yard setback shall be a minimum of 5
feet.
Side Yard Setback: Minimum of 10 feet on one side and minimum of
0 on the other side w~th the condition that, prior to the
issuance of a building permit, aL1 placement of Mobile Homes on
the lot is subject to review and approval by the Architectural
Control Committee.
Maximum Floor Area: The maximum allowable floor area shall be
2000 square feet and 500 square feet shall be exempt for either a
garage or a shed. For the purpose of this PUD we will use the
following calculation to determine floor area: each 1 square foot
of above grade space will equal 1 square foot of floor area; each
1 square foot of below grade space will equal .5 square feet of
floor area.
Parking: The parking requirements shall remain the same as is
defined in Rules and Regulations of the Architectural Committee.
They are: there shall be a minimum of 2 off-street parking
spaces for each lot on the combination of lot and the adjacent
part of the roadway easement which may be used for parking in
accordance w~th the covenants. For any mobile home over 1,500
square feet in living area, three parking spaces are required.
For any mobile home in excess of 2,000 square feet, 4 parking
spaces are required, and for any mobile home in excess of 2,500
square feet, 5 parking spaces are required. When garage space is
used for parking it shall not be ~ncluded in the calculation of
living area for computing required parking spaces.
Accessory Buildings: No accessory buildings or necessary
egresses shall be built within the required setbacks.
Section 2:
That is does hereby grant approval with the following
conditions:
1. Prior to the issuance of any building permits for renovations
or changes to structures within the Park, the Homeowners
Association shall amend their Rules, Regulations and Procedures
for the Smuggler Mobile Home Park Architectural Control CommIttee
of the Smuggler Home Owners Association to be consistent with
these amendments.
2. Prior to the issuance of any building permits for renovations
or changes to structures within the Park, the Final PUD Agreement
shall be amended to reflect these changes.
Section 3:
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 4:
Nothing in this ordinance shall construed to affect any
right, duty or liability under any ordinance effect prior to the
effective date of th~s ordinance, and the same shall be continued
and concluded under such prior ordinances.
Section 5:
A public hearing on the Ordinance shall be held on the 9 day
of July, 1990 at 5:00 P.M. in the city Council Chambers, Aspen
City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the city of Aspen.
INTRODUCED, ~ AND ORDERED PUBLISHED as provided by law,
by the City Council of the city of Aspen on the //~ay of
, 1990.
Will~am L. St~rllng, Mayor
FINALLY, adopted, passed and approved this ~ day of
William L. Starling, Mayor
ATTEST:
Kathryn S. Koch, city Clerk