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HomeMy WebLinkAboutagenda.apz.202203011 AGENDA ASPEN PLANNING & ZONING COMMISSION March 1, 2022 4:30 PM, WebEx Virtual Meeting (See agenda packet for instructions to join the meeting) I.VIRTUAL MEETING INSTRUCTIONS TO JOIN ONLINE: Go to www.webex.com and click on "Join a Meeting" Enter Meeting Number: 2553 911 4862 Enter Password: 81611 Click "Join Meeting" -- OR -- JOIN BY PHONE Call: 1-408-418-9388 Enter Meeting Number: 2553 911 4862 Enter Password: 81611 II.ROLL CALL III.COMMENTS IV.MINUTES IV.A.Draft Meeting Minutes for February 15, 2022 minutes.apz.20220215.docx V.DECLARATION OF CONFLICT OF INTEREST VI.PUBLIC HEARINGS VI.A.Aspen Mini-Storage Property, 105 AABC Recommendation to City Council Annexation and Initial Zoning, including a Planned Development Overlay Aspen Mini Storage_Memo.pdf Resolution No. XX_Series of 2022_Mini Storage Facility.docx Exhibit A.1_Annexation Criteria.docx Exhibit A.2_Amendments to the Land Use Code & Official Zone District Map_Storage Facility.docx Exhibit A.3_Planned Development-Project Review_Mini Storage.docx 1 2 Exhibit B__Application.pdf Exhibit C_Annexation Map.pdf Exhibit D_PD Site Plan.pdf Exhibit E_ Draft Ordinances for Council.pdf Exhibit F_Public Notice Affidavits.pdf VII.OTHER BUSINESS VII.A.Discussion of board powers and duties, and meeting procedures VIII.ADJOURN TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met Revised January 9, 2021 2 Minutes Aspen Planning and Zoning Commission February 15, 2022 Page 1 of 7 Chairperson McGovern called the regular Planning and Zoning (P&Z) meeting for February 1 st, 2022 to order at 4:30 PM. Commissioners in attendance: Ruth Carver, Sam Rose, Brittanie Rockhill, Spencer McKnight, Teraissa McGovern. Commissioners not in attendance: Scott Marcoux Staff in Attendance: Amy Simon, Planning Director Ben Anderson, Principal Long-Range Planner Jeff Barnhill, Planner Kate Johnson, Assistant City Attorney Cindy Klob, Records Manager COMMISSIONER COMMENTS None STAFF COMMENTS None PUBLIC COMMENTS None APPROVAL OF MINUTES Ms. McGovern requested Ms. Bonfils-Thibault’s name be corrected on page 1. Mr. Rose motioned to approve the minutes for January 18, 2022 and was seconded by Mr. McKnight. Ms. McGovern requested a roll call: Ms. Carver, yes; Mr. Rose, yes; Ms. Rockhill, yes; Ms. McGovern, yes; and Mr. McKnight, yes; for a total of five (5) in favor – zero (0) not in favor. The motion passed. DECLARATION OF CONFLICT OF INTEREST None PUBLIC HEARINGS None OTHER BUSINESS Ms. Johnson stated the meeting was properly noticed and notices were not necessary for the items on the agenda. Requests to Pay Fee-in-Lieu in Providing Affordable Housing Mitigation Recommendation to City Council Ms. McGovern then opened the item and turned the floor over to staff. Mr. Ben Anderson, Planner, reviewed the history of the Affordable Housing Certificates Program and the current challenges to those only requiring minimal mitigation. He then stated for the first time in the 3 Minutes Aspen Planning and Zoning Commission February 15, 2022 Page 2 of 7 history of the program, there have been requests from applicants to pay the fee-in-lieu (FIL) above the 0.1 Full Time Equivalent (FTE) threshold as identified in the agenda packet. Staff has confirmed there are certificates that have not been extinguished, but the certificate holders have plans for the certificates and they are not available for others to use as mitigation. Staff has established a quarterly batch review process for projects to be considered because the projects have slightly over the 0.1 FTE mitigation that can be paid in cash by right. Mr. Anderson stated City Council will consider these requests on March 8th and is requesting P&Z provide their recommendation by approving the resolution provided in the agenda packet. Ms. McGovern asked if there were any questions for staff. Ms. Carver asked if the code could be changed to not allow credits to sit unused for an extended time. Mr. Anderson discussed potential solutions to provide more incentives or possibly use money from the city’s 150 fund to provide a guaranteed backing of the credits. He stated more analysis and discussion would be required before any changes are made to the program. Ms. Carver stated perhaps larger projects need to create more affordable housing onsite. Mr. Anderson responded there used to be an onsite requirement of affordable housing units but over time, the community moved away from the requirement. Ms. McGovern believes it is difficult for single family homeowners to offset their less than 1 FTE requirements. She believes the program is great in theory, but the reality is the larger developers sit on them. She would like to see a change in the process to incentivize on site or off site mitigation. Ms. McGovern then opened for commissioner deliberation. Mr. Rose supports staff’s recommendation since he feels there is a need for the batch approvals of FIL with the lack of credits available. Ms. Rockhill is not sure she understands the difference between a credit and a fee. She supports staff’s recommendation because she doesn’t feel there isn’t a mechanism now. Mr. Anderson noted historically there has been a calculation for the amount of money required to build housing for one FTE. The FIL is based on a category established by the Aspen Pitkin County Housing Authority (APCHA) and is the balance for the cost to build a unit and the rent or sale revenue that comes in from the unit. A credit can be purchased for mitigation and costs roughly the same as FIL. Mr. McKnight, Ms. Carver and Ms. McGovern agree with Mr. Rose. Mr. Rose motioned to approve Resolution #6, Series 2022 and was seconded by Mr. McKnight. Ms. McGovern requested a roll call: Ms. Carver, yes; Mr. Rose, yes; Ms. Rockhill, yes; Mr. McKnight, yes; and Ms. McGovern, yes; for a total of five (5) in favor – zero (0) not in favor. The motion passed. Ms. McGovern thanked Mr. Anderson. 4 Minutes Aspen Planning and Zoning Commission February 15, 2022 Page 3 of 7 Update on Residential Development and Short-Term Rental Moratorium Ms. McGovern then asked Mr. Anderson to proceed with the next item on the agenda. Mr. Anderson reviewed the background of the moratorium passed by City Council in December and the role of P&Z. He noted there has been local and national press covering the topic and the city has dedicated staff and consultants to work on it. They have started interviews already with staff, stakeholders in the development and real estate communities, and individuals dealing with short-term rentals. Public facing outreach activities will be scheduled for the first week in March including focus groups with the city’s review boards. He encouraged the P&Z members to participate as a commissioner as well as a member of the public. He also invited them to reach out to him individually if they prefer. Mr. Anderson stated once staff is prepared to propose policy changes, staff will be asking P&Z to weigh in on specific language in ordinances. He then displayed a number of slides used in discussions with City Council including how the moratorium happened, the problem statements identified out of Ordinance 27 establishing the moratorium, and the specific policy areas City Council wants staff to respond to towards the identified problem statements. He reiterated this is a time for P&Z to ask questions and there is no formal action required of P&Z at this time. Mr. Anderson displayed a slide showing issues identified in Ordinance 27, Series 2021 that led to the moratorium. He understands there may be different opinions regarding the mortarium from the community. In staff’s view, looking not only in Aspen, but looking at peer communities across the West, communities are struggling with the same issues and City Council wanted to respond to these issues. He said the community has been struggling with these issues for a long time and they have reached a different scale of intensity over the last couple of years. He then displayed a slide showing examples headlines of news stories on labor shortages, housing, short-term rentals, migration in the mountains, etc. The next side displayed included information regarding Aspen’s climate goals and commitments and what was happening in residential development in response to the goals. He stated residential development made up 33% of Aspen’s emissions in 2017. Also displayed was part of a Pitkin County report indicating homes greater than 5,000 SF in size demand more energy per square foot than smaller homes. Then he displayed some graphics identifying existing conditions including a table showing the growth management allotment system is not really being utilized even with the amount of development occurring, a heat map showing the location of the short term rental permits, and a map showing the number of issued and open building permits. He stated there is currently about $750 million in permit valuation and about 70% of it is residential. Mr. Anderson discussed staff’s view on what success will look like including the identification of effective, practical, and defensible responses to the issues within the time constraints while engaging the community when reviewing the issues and considering responses. He then reviewed the constraints including the need to have responsive ordinances in effect by June 8th, which is the end of the moratorium, the early impacts of COVID on the outreach efforts, the complexity of the issues being reviewed, and the differing opinions regarding the issues and potential responses. 5 Minutes Aspen Planning and Zoning Commission February 15, 2022 Page 4 of 7 He next reviewed the project staffing including city staff from Community Development, Climate Action, Communications, and Finance departments. He also displayed a list of consultants being utilized and explained their role in the project. Mr. Anderson next reviewed a conceptual project timeline and noted it is a tight timeframe to complete something before the end of the moratorium. Mr. Anderson then discussed the problem statements identified by City Council regarding short-term rentals (STRs) including discouraging further displacement of working locals; basic health, safety, and visitor experience standards; mitigation of employee generation and other impacts; limiting impacts on the community and neighborhood character; and acknowledging STRs as a distinct land use with its own characteristics. He stated the city receives complaints from neighbors that STRs are occurring in residential zones, and they are changing the character of the neighborhood. He asked if there were any questions at this time. Mr. Rose feels the emergency moratorium seemed to be like shooting from the hip when it came to short term rentals. He lives in Hunter Creek and the HOA prevents STRs except for 2 two-week periods per year. He would like to see actions like this incentivized. He believes the long term rentals are completely unaffordable at Hunter Creek. He wouldn’t want to see some owners damaged with any proposed changes when the only way they can afford their unit is because they also own a STR. Ms. Rockhill stated in regards to the city bringing in consultants from the front range and from the Carolinas, she feels there are a large number of experts on this topic that have worked in this industry for 20 years or more that have data the city doesn’t. She stated the rental licensing program is very new and the increases may be because people did not get licenses before the program. She feels there is a free pool of people who are very vested stakeholders like herself, who would want to have a conversation in probably already know a lot of the things the city is working on. Mr. Anderson replied they have a lot of local folks from the industry on a list to be interviewed. There is also a plan to have a focus group specific to the STR topic to balance local knowledge with people who crunch data for a living and who can bring perspectives from other areas. One area in particular includes best practices around ensuring the health and safety visitor experience. He stated it may appear this action is from the hip, but the city has received complaints from neighbors who are frustrated because of what is occurring in the STR next to their home they have been living in for the last 20 years. Ms. Rockhill asked to be included on an interview list. She believes often the people with the deepest pockets are the ones penalized instead of just telling the people that are used to living in the West end for 40 years with the lights off that they have to share their neighborhood. She doesn’t feel that perspective gets voiced very often and usually it is the people that are upset with changes, even when it is not their property. Ms. Carver stated she owns a rental townhouse property with three units and has been a rental landowner for many years. She has a 6 month renter in it, and she has always worked with Tracy Sutton of Aspen Signature Properties. She feels there are vast resources in the community. She feels the city is just becoming aware of some of the problems with some units. She is aware of some people who converted their garage to a rental unit to help put their kids through college and knows of someone who checked into their Airbnb and discovered it had not been fully cleaned from the previous guest. She feels the current problem is with brokers who manage STRs who don’t know what they can do for the upcoming seasons and holidays. She stated most people in this community deal with visitors and that’s how they make their bread and butter. 6 Minutes Aspen Planning and Zoning Commission February 15, 2022 Page 5 of 7 Mr. Anderson stated City Council has asked staff to look into STR standards and processes regarding zoning, operational standards, life safety, permitting, fees, and enforcement. Mr. Anderson then discussed the pace and scale of residential development. City Council members believes there are inconsistencies between the climate action goals and the residential development. He stated most of the affordable housing mitigation requirements come from new subdivisions and multifamily properties and residential development has dominated the sector currently. He stated Council wants to make sure the mass and scale of residential properties is consistent with the Aspen Area Community Plan (AACP). He stated the city hearsa lot about the construction impacts on neighbors. He stated the city is receiving a lot of requests for 800 amp services which is four times the amount required by a normal house due to the complexities of the systems in the house. Ms. McGovern stated on the flip side, city staff is asking developers to prioritize electrification which will increase the amps needed and decrease the dependence on gas to meet the climate goals. She stated Aspen is a luxury resort and the developers are trying to provide the level of luxury required by tourist and second homeowners. She doesn’t know how we can be consistent with the goals without having an impact on infrastructure. Mr. Anderson responded he can clearly see how those two things are in conflict with each other. Ms. McGovern does not believe the mass and scale was brought up as a reason for the moratorium. She feels the mass and scale has been consistent with the land use code and is a different conversation if it is not consistent with the AACP. She believes mass and scale as well as infrastructure will require a much more information and much more public outreach because of the longer impacts to the build environment. She feels what the community wants and what Council wants may be different at this point. Mr. Anderson agrees they are difficult topics, and noted they were referenced in Ordinance 27. Ms. Carver asked if we are talking about STRs or development. Mr. Anderson stated the four areas included in the moratorium including STRs, pace and scale of development, further encouragement of affordable housing, and make processes for affordable housing and development more streamlined. Ms. Carver stated in regards to pace and scale, she has experienced nine construction projects within a block and a half of her residence, and she doesn’t believe a neighborhood should be impacted so heavily at one time. She would like to see some limits as to what can be done at once. Ms. Carver also asked why they give two construction workers a permit to park all day in a 2 hour zone. She believes it should be three construction workers to cut back on the cars, etc. Mr. Anderson then discussed development allotments stating the allotments are for new development, so they have not been used. It is easy to see all the construction around town along with the parking concerns, noise concerns and construction fencing that is up for three years. Staff has heard from Council and members of the community that there is a growth management system, but it isn’t pacing the development. He believes demolition will be a topic of focus in this area. Ms. McGovern stated most of the time they don’t want their projects to be as complicated as they are, but in order to meet all the requirements, it makes the project complicated because the requirements increase the scope. She gave an example of a project to remodel 50% of the interior required a storm water management plan, a low water landscape plan even when the original scope wasn’t anything 7 Minutes Aspen Planning and Zoning Commission February 15, 2022 Page 6 of 7 outside of the building. The requirements increase the number of people involved on the project and increases the length of the project. She would like to see this as part of the conversation and would also like to understand the priorities of the community. Mr. Anderson stated they will be looking at demolition because it a big part of the development context and it is confusing and leads to outcomes we don’t want. He noted there will be some discussion regarding demolition triggering compliance with GMQS standards. Ms. McGovern believes the demolition code section is very arduous and drives the design of any existing project. Mr. Anderson stated counsel also wants to have a discussion regarding residential development allowances. He added the discussion will include calculations and measurements dealing with mass and scale. Mr. Anderson next discussed the current processes involved with reviewing affordable housing projects. He noted the recent 1020 E Cooper Ave project which fully complied with the code but took 18 months to get approved. Ms. McGovern noted there already been another application on the site for the previous year. She also stated she and Ms. Carver would like as part of the discussion to have the code require commercial multi-unit projects to build affordable housing on site and not be able to use credit or for a small percentage. Ms. Carver agreed with Ms. McGovern. Mr. Anderson responded the city is not seeing many large scale projects anymore. Ms. McGovern feels the land use code should be written to look at potential future projects and not just what is available currently. Mr. Anderson stated currently in the land use code, growth such as new residential and new commercial is directly related to growth management. City Council has requested staff to figure out how to decouple this relationship and he feels the community is questioning the success of this. Mr. Anderson the discussed areas related to the development review process to be reviewed including the efficiency and predictability of the review process, loopholes leading to and desirable outcomes, board reviews, and barriers to approving affordable housing projects. He then discussed the proposed public engagement plan and encouraged the commissioners to participate as a community member as well as a commissioner. Ms. Rockhill asked if there will be an opportunity for public comment on whatever staff drafts for Council’s review. Mr. Anderson responded the conversation with Council will be at public hearings. Ms. Carver believes it would be good to include architects in the conversation. She then asked if the city requires a certain percentage of demolition materials to be recycled. Mr. Anderson responded the city will be looking into encouraging participation. He added the county has regulations in place, and it seems to work better on larger lots where there is room to sort on site. He added the excavation and demolition company for the Molly Gibson is pursuing some innovative tactics on demolition, sorting, and grinding materials to be recycled or take to the landfill. Mr. Anderson thanked everyone for their valuable comments. 8 Minutes Aspen Planning and Zoning Commission February 15, 2022 Page 7 of 7 Ms. McGovern appreciates staff and Council taking on these difficult projects. She feels the compressed timeline is tough and may not allow for an outcome as good as the community deserves, but she appreciates areas being prioritized as what should be done now and what can wait. She encouraged the commissioners to participate. Update on New Commissioners Ms. McGovern asked staff for an update on new commissioners. Ms. Simon responded Council had interviewed candidates last week and she does not know of their decision. Ms. Simon added staff could not find a time for a work session so it will be discussed at the March 1st regular meeting. Ms. McGovern asked if the work session would be recorded so it could be available to new commissioners. Ms. Carver asked when the terms were ending. Ms. Simon responded the end of March or the March 15th meeting. Mr. McKnight motioned to adjourn and was seconded by Ms. Rockhill. Rose. All in favor and the meeting was adjourned at 6:10 pm. Cindy Klob, Records Manager 9 Page | 1 MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Ben Anderson, Long-Range Planner Kevin Rayes, Planner II THRU: Amy Simon, Planning Director MEMO DATE: February 24, 2022 MEETING DATE: March 1, 2022 RE: Aspen Mini-Storage – Recommendation to City Council regarding Ordinances that would approve Annexation and Initial Zoning. Public Hearing in consideration of a recommendation. Applicant: City of Aspen Capital Asset Department Representative: Robert Schultz, Robert Schultz Consulting, LLC Location: Aspen Mini-Storage Property, 105 AABC (aka Woodward Lane), Aspen CO 81611 Current Zoning B-2 (General Business) pursuant to County Zoning Summary: The City of Aspen recently acquired the Aspen- Mini Storage property adjacent to the Aspen Business Center. The City requests to annex the land and rezone the property to Service, Commercial, Industrial (S/C/I) with a Planned Development overlay to memorialize existing conditions on the site. STAFF RECOMMENDATION: The requests associated with this application meet all applicable review criteria and comply with the provisions set forth by State Statute. For context, while this application is focused on the annexation of land and memorializing existing conditions, the City plans to eventually develop affordable housing on the subject property which will require a subsequent land use review. Staff recommends approval of the application. Figure 1: Mini-Storage Location City Limits Mini- Storage Figure 2: Mini-Storage Existing Improvements 10 Page | 2 REQUEST OF THE PLANNING AND ZONING COMMISSION: The applicant is requesting the following approvals: • Annexation of the Property into The City of Aspen Annexation is not a topic that is described in the Land Use Code. Instead, Aspen has an adopted Annexation Plan and other provisions in the Municipal Code that provide annexation review criteria. Additionally, Colorado Revised Statutes require other provisions and processes that have separately been addressed. • Amendments to the Land Use Code & Official Zone District Map (Land Use Code Section 26.310) This city-owned property is currently located within Pitkin County- outside city limits. The property is zoned B-2 (General Business) which is a zoning designation prescribed by the County. Pending approval to annex the parcel, land use control will shift to City jurisdiction. The application requests to rezone the property to Service, Commercial, Industrial (S/C/I) which is a zone district established by the City that is most compatible with the existing use as a mini-storage facility. • Consolidated Conceptual and Final PD- Project Review and Detailed Review (Land Use Code Section 26.445.050) Upon annexing the City-owned property, the applicant requests to create a Planned Development (PD) overlay to memorialize existing conditions and provide a guarantee that existing improvements and uses are legally established, but cannot be expanded. City Council is the final review authority for these requests. Planning and Zoning Commission is asked to provide recommendation to City Council. SUMMARY AND BACKGROUND: The mini-storage facility was purchased by the City of Aspen in 2020. The 3-acre property is located within Pitkin County, and within the urban growth boundary, and just outside City limits. Pursuant to County zoning, the property is located within the (B-2) General business zone district and is improved with several buildings that provide storage services to the public. The adjacent property to the east is also owned by the City and continues to function as a lumberyard. Eventually, the City plans to assemble these properties as part of the Lumberyard affordable housing project that is currently being planned and designed. The scope of this application is limited to: 1) annexing the mini-storage facility into City limits, and 2) establishing an initial zoning of the property to Service, Commercial, Industrial (S/C/I) with a Planned Development overlay. The purpose is to “freeze” the site in its current condition and memorialize its use as a mini-storage facility – that includes a dwelling unit for the manager of the storage facility. This application does not request any new development. Development of an affordable housing project is anticipated for the future; however, it will require a subsequent land use application and remain subject to review and approval from the Planning & Zoning Commission and City Council. Council is set to review the annexation and rezoning Ordinances on March 22 and April 12. April 12 is scheduled for Second Reading and will be a public hearing. 11 Page | 3 DISCUSSION & STAFF FINDINGS Annexation Many of the review standards related to annexations are dictated by Colorado Revised Statutes. The standards prescribed by the State are generally written to anticipate annexations that encumber multiple properties and land uses, which generally requires significant coordination among various stakeholders, members of the public, and businesses. The scope of this application is quite narrow as it is concerned with a single parcel that is owned by the City of Aspen. The property currently provides storage services to the public which will not change following the annexation. While some of the criteria related to annexations are applicable, the majority are not. For example, one criterion requires that no less than fifty percent of adult residents of the area proposed to be annexed to make use of part or all of recreational, civic, social, religious, industrial, or commercial uses within the annexing municipality. Because of the use as a mini-storage facility, this criterion is not applicable. One criterion that is applicable to this request requires at least one-sixth of the perimeter of the area proposed for annexation to be contiguous with the annexing municipality. The total perimeter of the property subject to the annexation is 1,665.54 linear feet. The contiguous portion of the perimeter is 435.05 linear feet. One sixth of the perimeter is 277.59 linear feet, which shows the necessary contiguity is met. Other annexation criteria are prescribed by City regulations. The first requires alignment with the goals set forth within the Aspen Area Community Plan (AACP). Pursuant to the AACP, properties located within the Urban Growth Boundary (UGB) are appropriate for annexation. As previously mentioned, the subject property is located within the UGB. Local code also requires a fiscal impact analysis to be conducted for any changes in use that might occur because of the annexation. In this instance, the storage facility that currently exists within the County will remain as a storage facility upon annexation into the City. No new development is proposed as part of the application and so a fiscal analysis is not required. If the property is redeveloped in the future, a fiscal analysis along with a subsequent land use application would be conducted as part of the eventual Lumberyard affordable housing project. Importantly, the property, following annexation, will remain as part of all special districts (for property taxation purposes) to which it is currently subject. Rezoning Because it is located within the County, the property is currently zoned B-2 (General Business) which allows for the existing use of a storage facility. Pending approval for annexation, the property will fall under the jurisdiction of the City and will need to be rezoned to a zone district established under Title 26 of the City land use code. Upon analyzing the intent and purpose of the zone districts set forth within the code, staff believes that rezoning the property to Service/Commercial/Industrial (S/C/I) will allow the existing use to remain compliant with underlying zoning. Rezoning a property requires compatibility with surrounding zone districts and land uses. The purpose of S/C/I is consistent with the intent of the B-2 zoning. Like B-2, S/C/I is intended to enhance the City’s commercial diversity by allowing light industrial, manufacturing, production, repair, and other service-related uses. The property to the north is located within unincorporated county and includes commercial, light industrial and affordable housing uses. To the east are storage and affordable housing uses. Pitkin County Airport is located to the west. The mix of surrounding uses are consistent with the mini storage facility. Additionally, rezoning the property will not change demands on public facilities. Existing capacity for services such as transportation, sewage, water supply, parks, drainage, or schools will not be impacted. The purpose of rezoning is to legalize the established 12 Page | 4 use of the storage facility within City limits. No changes to the property are proposed. Any future development will require a subsequent application and review. Final Planned Development (Combined Project and Detailed Review) In addition to rezoning the property to S/C/I, the application seeks to establish a Planned Development overlay on the annexed land. Doing so effectively “freezes” the current condition in place as this application does not include any proposed new development. When the City is ready to move forward with a development plan, a land use application will be submitted, resulting in a comprehensive land use review. Pursuant to the Land Use Code, approval of Project Review and Detailed Review together constitute a Final Planned Development Approval. Both reviews are needed for a Planned Development to become official. Project Review is intended to establish the allowed dimensions of a property and ensure site planning is compatible with the context of the area. Detailed review is intended to perfect and finalize the detailed aspects of the project within the parameters established during Project Review. It should be noted that the establishment of an S/C/I - PD zoning designation on this property is identical to the zoning established on the adjacent Lumberyard property and is proposed for identical purposes. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission make a recommendation of approval for the request to annex the subject property, to rezone the land to Service/Commercial/Industrial (S/C/I) and establish a Planned Development Overlay, and to accept the existing conditions as establishing the terms of the Planned Development. PROPOSED MOTION: “I move to approve Resolution #XX, Series of 2022 to recommend approval for the annexation of the subject property within City limits, to zone the property to the Service/Commercial/Industrial (S/C/I) Zone District with a Planned Development Overlay, and to memorialize the existing dimensions and use of the property as the Planned Development. ATTACHMENTS: Resolution #___, Series of 2022 Exhibit A.1 | Annexation Criteria - Staff Findings Exhibit A.2 | Rezoning Criteria - Staff Findings Exhibit A.3 | Planned Development Criteria – Staff Findings Exhibit B | Application Exhibit C | Annexation Map Exhibit D | Current Site Improvements – PD Site Plan Exhibit E | Proposed Ordinances (Council – Annexation and Zoning Exhibit F | Public Notice Affidavits 13 P&Z Resolution #XX, Series of 2022 Page 1 of 3 RESOLUTION # XX (SERIES OF 2022) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL FOR ANNEXATION, AN AMENDMENT TO THE ZONE DISTRICT MAP AND A PLANNED DEVELOPMENT- PROJECT REVIEW AND DETAILED REVIEW FOR THE PROPERTY COMMONLY KNOWN AS 105 AABC, LEGALLY DESCRIBED AS LOT 3 OF THE COMMUNICATIONS CENTER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 3, 1988 IN PLAT BOOK 21 AT PAGE 34, COUNTY OF PITKIN, STATE OF COLORADO. Parcel No. 2735-031-02-003 WHEREAS,the Community Development department received an application from the City of Aspen Capital Asset Department, represented by Robert Schultz Consulting, LLC, requesting approval of Annexation, an Amendment to the Zone District Map and a Planned Development for the property at 105 AABC, legally described as Lot 3 of the Communications Center Subdivision, Pitkin County, Colorado; and, WHEREAS, the property is owned by the City of Aspen, is zoned B-2 (General Business), and is located in unincorporated Pitkin County; and, WHEREAS, the Applicant requests that the Planning and Zoning Commission review the proposed annexation against review criteria within the City of Aspen’s adopted Annexation Plan, and provide recommendation to City Council in support of the annexation of this property; and, WHEREAS, the Applicant requests the Planning and Zoning Commission find that the Amendment to the Zone District Map meets applicable requirements and provide a recommendation to City Council in support of an underlying Zone District of Service Commercial Industrial, SCI with a Planned Development overlay; and, WHEREAS, the Applicant requests the Planning and Zoning Commission find that the Planned Development meets applicable requirements a provide a recommendation to City Council in support of Planned Development Project Review and Detailed Review and, WHEREAS,upon initial review of the application and the applicable code standards, the Community Development Department found that the application meets or exceeds the applicable standards of review; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the land use proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director and took and considered public comment at a duly noticed public hearing on March 1 st, 2022; and, 14 P&Z Resolution #XX, Series of 2022 Page 2 of 3 WHEREAS, the City of Aspen Planning and Zoning Commission finds that the application meets the applicable review criteria and that approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare, and, WHEREAS, the City of Aspen Planning and Zoning Commission approves Resolution #XX, Series of 2022, by a X to X (X-X) vote, recommending approval for Annexation, an Amendment to the Land Use Code and Zoning Map and Planned Development Review for Project Review and Detailed Review as identified herein. NOW, THEREFORE BE IT RESOLVED, THE ASPEN PLANNING & ZONING COMMISSION RECOMMENDS THE FOLLOWING: Section 1: Recommendation of Approval The City of Aspen Planning and Zoning Commission provides the following recommendation to Aspen City Council: a) The proposed annexation meets applicable review criteria in The City of Aspen’s adopted Annexation Plan and should be approved. b) The proposed Zoning of SCI (Service, Commercial, Industrial) with a Planned Development overlay is appropriate and meets applicable review criteria in the Land Use Code and should be approved. c) The proposed Planned Development overlay is an appropriate tool to memorialize the existing dimensions and uses on the property and meets applicable review criteria and should be approved. Section 2: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: Existing Litigation This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a 15 P&Z Resolution #XX, Series of 2022 Page 3 of 3 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on March 1, 2022. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: _________________________________________________________ Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair ATTEST: ____________________________ Cindy Klob, Records Manager 16 Exhibit A.1 Annexation Criteria Page | 1 City of Aspen Annexation Criteria: Annexation is a quasi-legislative authority of the City and as such the City may consider the interests of its citizens as guiding annexation policy, in addition to the procedural statutory requirements. This section identifies specific public policy concerns likely to arise during consideration of an annexation request. These criteria should be used to determine when annexation is appropriate, which land should be annexed, and how it should be zoned. Additional considerations, beyond those identified herein, may also arise and guide public policy. AACP Compliance Annexation requests should be reviewed for alignment with the Aspen Area Community Plan (AACP). Annexation of certain lands could facilitate accomplishment of the plan’s goals, philosophy, policies, or specific action items. Staff response: The application requests to annex the parcel and rezone the property pursuant to the City of Aspen code provisions to allow the existing use as a mini-storage facility to continue. This request will not change the relationship with the AACP. The property is intended to be developed at some point in the future and is anticipated to be used as affordable housing. Any proposal to redevelop the property will be analyzed for compliance and continuity with the goals and objectives of the AACP. Staff finds this criterion to be met. Urban Growth Boundary (UGB) The City of Aspen approved Aspen’s Urban Growth Boundary via adoption of the 2012 AACP. The UGB identifies the land surrounding Aspen as either appropriate for urban development (within the UGB) or inappropriate for urban development (outside the UGB). Land within the UGB is expected to become part of the City’s urbanized area and should be considered appropriate for annexation. Land outside the UGB should only be annexed as a method of preserving the non-urban character of lands surrounding Aspen. The UGB does not necessarily need to be amended unless the land is intended for an urban level of development. Annexation of land outside the UGB, in fact, may serve a significant public purpose. Staff response: Pursuant to the 2019 Aspen Annexation Plan, land that is located within the Urban Growth Boundary (UGB) is anticipated to be annexed into the City at some point in the future. This property is located within the UGB and within the Aspen Business Center. Staff finds this criterion to be met. Significant Annexations Changing the regulatory structure and jurisdiction of significant community facilities, large developments, and large tracts of vacant land present considerable potential for community change. These annexation proposals should involve discussion between the Aspen City Council and the Pitkin County Board of County Commissioners. A joint work 17 Exhibit A.1 Annexation Criteria Page | 2 session at which various land use issues are discussed can only benefit the City in it’s analysis of a significant annexation. For example: properties entitled by the County and annexed into the City can require complex administration of development rights, especially when amendments are requested. Discussing the primary elements of the land use review can simplify administration and provide benefit to the annexing landowner. Likewise, certain annexation proposals may present concerns to other governmental and quasi-governmental agencies with jurisdiction or other interest in the property. As necessary, formal referral comments or work session-format meetings can be held to identify these concerns. Staff response: The scope of the proposed annexation does not reach the threshold of a Significant Annexation. The subject property is owned by the City of Aspen and the current land use of a storage facility will remain pending annexation and rezoning. Staff finds this criterion to be not applicable. Fiscal Impact Analysis The City should fully understand the financial implication of assuming additional lands upon each of its functions. The City Finance Department has modeled fiscal impacts of recent significant annexations and this information has been critical in determining the appropriateness of annexation. Certain capital improvements may be necessary as well as additional operation and service costs. These need to be balanced with additional special fund revenues that are gained. Pitkin County voters adopted a 2 percent Countywide sales tax, including a provision distributing 47 percent of the tax proceeds to Pitkin County and 53 percent to the City of Aspen. At some point, the distribution of countywide sales tax may need to be reconsidered as more service responsibilities shift to the City. Staff response: The application requests annexing a single property and continuing the existing use as a storage facility. Because the property is currently owned by the City, it does not generate property tax revenue. Annexing the property into the City will not change that. However, by annexing the property, the City will gain jurisdiction over the zoning and allowed uses of the site, thus allowing orderly planning of future use of the site in conjunction with City parcels. The city will receive ongoing lease revenues from the existing storage use and parking leases. Pending receipt of a redevelopment proposal, the costs of new infrastructure and services compared to existing uses will be quantified and analyzed by the City as part of a subsequent land use review. Staff finds this criterion to be met. 18 Exhibit A.1 Annexation Criteria Page | 3 Development Rights/Zoning Development rights associated with a property in Pitkin County verses those if the property is annexed into the City of Aspen should be considered. Annexations are typically associated with a proposal to further develop the property. Traditionally, the City weighs an increase in development rights in relation to accomplishment towards community goals available through annexation. A complete understanding of a property’s development potential, prior to annexation, should include a zoning build-out analysis considering regulatory limitations, such as growth management and impact fees, and regulatory incentives, such as the use of Transferable Development Rights. The public policy of such regulations and the impact of changing the regulatory structure upon the City should be considered. Zoning of newly annexed land should approximate development rights prior to annexation, unless a site-specific development plan is approved concurrent with annexation. The creation of non-conformities should be avoided, although custom legislation to address special interests can further complicate the City’s regulatory environment. The City should encourage the legalization of “bandit units” through the City’s Accessory Dwelling Unit provisions to ensure compliance with the health and safety standards of Adopted building codes. These units should be expected in older subdivisions surrounding Aspen. Staff Response: The property is proposed for rezoning in a process concurrent with the Annexation. Staff finds this criterion to be met. Pitkin County Transferable Development Rights Certain lands in the County within the City’s annexation area are eligible for increased development rights through the extinguishment of transferable development rights (TDRs). Certain site specific approvals granted in Pitkin County may involve or require the use of TDRs. And, certain development may have already occurred by use of these TDRs necessitating acknowledgment of the realized increased development right. Until the City adopts a program for accepting Pitkin County Transferable development Rights, each individual annexation request should include an analysis of TDR-contingent land use scenarios and, if necessary, an agreement should be reached describing the future use of Pitkin County TDRs within the newly annexed area. Staff Response: Staff finds this criterion to be not applicable Usefulness and Appropriateness of Each Jurisdiction’s Regulations As Aspen City limits expand beyond the original townsite, the effects of environmental constraints and hazards on development increase. Pitkin County’s 1041 regulations 19 Exhibit A.1 Annexation Criteria Page | 4 address development on steep slopes, in wildfire hazard areas, in rockfall and avalanche hazard areas, and within wildlife corridors. The City’s Environmentally Sensitive Area review standards address flood hazard areas and development above the 8,040-foot elevation. The County’s regulations primarily attempt to minimize land use intensity and minimize the infrastructure and operational effects of development. The City’s land use code encourages the intense use of land and addresses urban development issues, such as architectural character. In transition areas, the City’s Planned Development regulations should be used to establish an appropriate balance. Design standards for public improvements also reflect the rural and urban aspect of each jurisdiction. The appropriateness of each jurisdiction’s development regulations and design standards should be considered in each annexation. The acceptance of substandard public improvements and potential public costs of upgrading those facilities should also be considered. The City may require certain facilities be upgraded prior to annexation. Alternatively, the City may require a cash payment to accommodate expected City capital improvement and operational expenses. Staff Response: Zoning will change as the property moves into the City of Aspen, but to staff’s knowledge the property would not be subject to significantly different regulations following annexation. The property does lie within the West of Maroon Plan – a special planning area that includes the AABC. The City is not party to this plan, although it is identified and discussed in the Aspen Area Community Plan. Staff finds this criterion to be met. Infrastructure and Ability to Serve Annexation reviews typically focus a great deal of fiscal analysis on the potential extension of urban services to annexed territories. Cost, capacity, and engineering issues related extension of the City’s municipal water system to developing land on the urban fringe is a significant annexation issue. Currently, several small water districts serve residences located outside the City’s boundaries but within the service area of the water system. These small districts may present a long-term problem for the City as their capital facilities may not be providing acceptable standards of service. Upgrading is expensive and may become the responsibility of the City following annexation. Staff Response: The property will continue to be served by the same utilities. Staff finds this criterion to be not applicable Simplicity of City Boundary The City/County boundary has created confusion for citizens and staff responsible for enforcing public policy. A complex boundary can complicate emergency service provision and, in extreme cases, defeat efforts of law enforcement officers. Annexations simplifying 20 Exhibit A.1 Annexation Criteria Page | 5 the boundary should be encouraged while those further complicating the division should be avoided. Staff Response: The property is immediately adjacent to the current City boundary. The current conditions related to circulation, addressing, emergency services remain the same. Staff finds this criterion to be met. 21 Exhibit A.2 Amendments to the Land Use Code & Official Zone District Map Page | 1 Land Use Code Section 26.310.090, Rezoning- Standards for Review In reviewing an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: a. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff response: The subject property is located within the B-2 (General Business) zone district as established by the Pitkin County land use code. The purpose of this zone district is to provide for the establishment of low-intensity, non-polluting industrial uses that do not require or generate high customer traffic volumes. The existing storage facility complies with underlying zoning. Pending annexation, the property will need to be rezoned pursuant to the City of Aspen land use code. The applicant believes the allowed uses of the Service/Commercial/Industrial (S/C/I) zone district are most compatible with those of the B-2 zone district. Like B-2, the purpose of S/C/I is to enhance the City’s commercial diversity by allowing light industrial, manufacturing, production, repair, and other service-related uses. The property to the north is located within unincorporated county and includes commercial, light industrial and affordable housing uses. To the east are storage and affordable housing uses. Pitkin County Airport is located to the west. The mix of surrounding uses are consistent with the mini storage facility. Because the property is currently improved with storage facility structures and a manager’s unit, a Planned Development overlay zone is proposed to recognize the existing conditions on the site as legally established. Staff finds this criterion to be met. b. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff response: Rezoning the subject property to SCI with a PD overlay will not change demands on public facilities as the existing use as a mini storage facility will not change. No expansion of the operation is anticipated. While affordable housing is planned, a subsequent application and land use review will be required at that time. Staff finds this criterion to be met. c. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. 22 Exhibit A.2 Amendments to the Land Use Code & Official Zone District Map Page | 2 Staff response: No adverse impacts to the natural environment are anticipated as part of rezoning the property. Rezoning to SCI/PD is intended to allow the existing use as a mini-storage facility to continue. Impacts to the natural environment will be assessed if and when an application is submitted to develop affordable housing. Staff finds this criterion to be met. d. Whether the proposed amendment is consistent and compatible with the community character in the city and in harmony with the public interest and the intent of this Title. Staff response: Rezoning the subject property to SCI/PD is consistent and compatible with the neighborhood and community character. The property is surrounded by light industrial, residential, and other commercial uses. Staff finds this criterion to be met. 23 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 1 Land Use Code Section 26.445.050, Planned Development Project Review Standards The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans.The proposed development complies with applicable adopted regulatory plans. Staff Response: While the subject property is currently located within Pitkin County and outside City limits, it is located within the Urban Growth Boundary (UGB). Pursuant to the City of Aspen Annexation Plan, land located within the UGB is generally appropriate for urban development and is expected to eventually become part of the City’s urbanized area. Pending annexation, staff anticipates rezoning the property to the Service/Commercial/Industrial (S/C/I) zone district to maintain the existing use of a mini-storage facility. Adding a Planned Development (PD) overlay will help to further memorialize the existing use and provide a guarantee that it complies with all zoning requirements of the City.Staff finds this criterion to be met. B. Development Suitability.The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rockslides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 – Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response:No development is proposed as part of this application. The purpose of this request is to memorialize the existing use as a mini-storage facility. Any request to redevelop the property in the future will require analysis of potential 24 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 2 impacts to man-made or natural hazards.Staff finds this criterion to be not applicable. C. Site Planning.The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The site plan responds to the site’s natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. Staff Response: No development is proposed as part of this application. Any development proposed in the future, including affordable housing will require a site plan and analysis of how the project responds to natural characteristics and physical constraints.Staff finds this criterion to be not applicable. 2. The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. Staff Response:No development is proposed as part of this application. Staff finds this criterion to be not applicable. 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Staff Response: No development is proposed as part of this application. The property is currently improved with several buildings that provide storage services to the public. No changes are anticipated to the existing improvements on the property. Any development that is proposed in the future will be subject to subsequent review procedures, including those associated with an amendment to a planned development.Staff finds this criterion to be not applicable. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. 2. The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. 25 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 3 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. 5. The Project Review approval, at City Council’s discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110 – Amendments. Staff Response: The subject property is already improved with a storage facility. No changes to the existing use or improvements are requested. The purpose of this application is to memorialize existing conditions. Any dimensional variances, changes to height, bulk or mass will be subject to a subsequent review. Staff finds this criterion to be not applicable. E. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Staff Response:No development is proposed as part of this application. No changes to design, materials or other aesthetic characteristics are proposed.Staff finds this criterion to be not applicable. F. Pedestrian, bicycle & transit facilities.The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: No changes to the site plan or layout of the property are proposed as part of the request to annex and rezone the site. Staff finds this criterion to be not applicable. 26 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 4 G. Engineering Design Standards.There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 – Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: No changes to the property are proposed Any future changes to the property may trigger Engineering Design Standards. A subsequent land use application will be required at that time, at which point, the Engineering Department will have an opportunity to ensure that all standards of Title 29 are met. Staff finds this criterion to be not applicable. H. Public Infrastructure and Facilities.The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response:The property is currently served by City municipal water and Aspen Sanitation District wastewater services. Pending annexation and rezoning, the services provided by these entities will not change. If future development occurs, the level of utility service provided to the property will be reevaluated. The cost of those services will be analyzed in conjunction with the master plan for the area. Staff finds this criterion to be not applicable. I. Access and Circulation.The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Response: No development is proposed as part of this application. Access and circulation will not change subsequent to annexation and rezoning. Staff finds this criterion to be not applicable. Land Use Code Section 26.445.070, Planned Development Detailed Review Standards Detailed Review shall focus on the comprehensive evaluation of the specific aspects of the development, including utility placement, and architectural materials. In the review of a development application for Detailed Review, the Planning and Zoning 27 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 5 Commission, or the Historic Preservation Commission as applicable, shall consider the following: a)Compliance with Project Review Approval.The proposed development, including all dimensions and uses, is consistent with the Project Review approval and adequately addresses conditions on the approval and direction received during the Project Review. b)Growth Management.The proposed development has received all required GMQS allotments, or is concurrently seeking allotments. c)Site Planning and Landscape Architecture.The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The landscape plan exhibits a well-designed treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Vegetation removal, protection, and restoration plans shall be acceptable to the Director of Parks and Open Space. 2. Buildings and site grading provide simple, at-grade entrances and minimize extensive grade changes along building exteriors. The project meets or exceeds the requirements of the Americans with Disabilities Act and applicable requirements for emergency, maintenance, and service vehicle access. Adequate snow storage is accommodated. 3. Energy efficiency or production features are integrated into the landscape in a manner that enhances the site. 4. All site lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. All exterior lighting shall comply with the City's outdoor lighting standards. 5. Site drainage is accommodated for the proposed development in compliance with Title 29—Engineering Design Standards and shall not negatively impact surrounding properties. d)Design Standards and Architecture.The proposed architectural details emphasize quality construction and design characteristics. In meeting this standard, the following criteria shall be used: 1. The project architecture provides for visual interest and incorporates present-day details and use of materials respectful of the community's past without attempting to mimic history. 2. Exterior materials are of a high quality, durability, and comply with applicable design standards, including those outlined in Chapter 26.410,Residential Design Standards, Chapter 26.412,Commercial Design Standards, and Chapter 26.415,Historic Preservation. 3. Building entrances are sited or designed to minimize icing and snow shedding effects. 4. Energy efficiency or production features are integrated into structures in a manner that enhances the architecture. 5. All structure lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. All exterior lighting shall comply with the City's outdoor lighting standards. 28 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 6 e)Common Parks, Open Space, Recreation Areas, or Facilities.If the proposed development includes common parks, open space, recreation areas, or common facilities, a proportionate, undivided interest is deeded in perpetuity to each lot or dwelling unit owner within the Planned Development. An adequate assurance through a Development Agreement for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a prohibition against future development is required. f)Pedestrian, bicycle & transit facilities.The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any new vehicular access points minimize impacts on existing pedestrian, bicycle and transit facilities. Any specific designs, mitigation techniques, and implementation timelines as required during Project Review comply with the applicable requirements of the Project Review and as otherwise required in the Land Use Code. These plans shall provide sufficient detail to determine if the design or mitigation concept complies with the intent of the requirements and to determine any required cost estimating for surety requirements, but do not need to be detailed construction documents. g)Engineering Design Standards.There has been accurate identification of engineering design and mitigation techniques necessary for development of the proposed subdivision to comply with the applicable requirements of Municipal Code Title 29—Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). Any specific designs, mitigation techniques, and implementation timelines as required during Project Review comply with the applicable requirements of Municipal Code Title 29—Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). These plans shall provide sufficient detail to determine if the design or mitigation concept complies with the intent of the requirements, but do not need to be detailed construction documents. h)Public Infrastructure and Facilities.The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Any specific designs, mitigation techniques, and implementation timelines as required during Project Review comply with the applicable requirements of Municipal Code Title 29—Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). These plans shall provide sufficient detail to determine if the design or mitigation concept complies with the intent of the requirements, but do not need to be detailed construction documents. i)Phasing of development plan.If phasing of the development plan is proposed, each phase shall be designed to function as a complete development and shall not be reliant on subsequent phases. Phasing shall insulate, to the extent practical, occupants of initial phases from the construction of later phases. All necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the Planned Development, construction of any required affordable housing, 29 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 7 and any mitigation measures shall be completed concurrent or prior to the respective impacts associated with the phase. Staff response:No development is proposed as part of this application. The purpose of this request is to establish a Planned Development overlay on the annexed land. Doing so effectively “freezes” the current condition. When the City is ready to move forward with a development plan, a land use application will be submitted, resulting in a comprehensive land use review. Although most of the criteria associated with Detailed Review are not currently applicable because no development is proposed, it’s important to note that any new development that is proposed at this property in the future shall be subject to the appropriate Planned Development review procedures . 30 Exhibit B | Application 31 Exhibit B | Application 32 Exhibit B | Application 33 Exhibit B | Application 34 Exhibit B | Application 35 ALTA Commitment For Title Insurance AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3 RD FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Nola Warnecke (nola@sopris.net) TJ Davis - (tjd@sopris.net) Joy Higens - (joy@sopris.net) Issued By Home Office: 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone (407) 629-5842 Exhibit B | Application 36 ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation,("Company"), for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY Countersigned: Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen, CO 81611 Exhibit B | Application 37 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000.00 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. Exhibit B | Application 38 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: November 30, 2021 at 8:00 AM Case No. PCT25725W 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: TO BE DETERMINED (b) ALTA Loan Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: (c) ALTA Loan Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: CITY OF ASPEN, a Colorado home rule municipal corporation 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 3, COMMUNICATIONS CENTER SUBDIVISION, according to the Plat thereof recorded October 3, 1988 in Plat Book 21 at Page 34. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: Exhibit B | Application 39 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. Exhibit B | Application 40 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded March 16, 1923 in Book 55 at Page 570. 8. Easement and right of way for the installation, operation, maintenance, repair and replacement of a bicycle trail, as granted by Safeway Stores, Inc. to Pitkin County Board of Commissioners by instrument recorded April 11, 1978 in Book 345 at Page 975. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded May 18, 1981 in Book 408 at Page 663 as Resolution No. 81-34. 10. Easement and right of way for underground electric lines purposes, as granted by Micro-Cable Communication to Holy Cross Electric Association, by instrument recorded January 14, 1982 in Book 419 at page 805, said easement being that portion which lies within subject property as described in said instrument as evidenced by Improvement Survey of Aspen Survey Engineers dated October 21, 2005, Job #10358B. 11. Easement and right of way for electric line purposes, as granted to Holy Cross Electric Association, by instrument recorded September 27, 1974 in Book 291 at Page 647, January 14, 1982 in Book 419 at Page 807 and in Book 582 at Page 227. 12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded July 21, 1982 in Book 429 at Page 575 as Resolution No. 82-67. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded April 18, 1983 in Book 443 at Page 641 as Resolution No. 83-35 and Water Drainage Requirements Memo recorded July 24, 1985 in Book 491 at Page 640. 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded July 15, 1985 in Book 489 at Page 784 as Resolution No. 85-77. (Continued) Exhibit B | Application 41 SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Easements, rights of way and all matters as disclosed on Plat of Communications Center recorded July 24, 1985 in Plat Book 17 at Page 52 and First Amended Plat recorded April 14, 1988 in Plat Book 20 at Page 73 and Communication Center Subdivision Plat recorded July 27, 1988 in Plat Book 21 at Page 34 and Resolution of the Board of County Commissioners No. 88-73 recorded October 9, 2019 as Reception No. 659394. 16. First Amendment to Condominium Declaration for the Communication Center, a Condominium recorded July 30, 1990 in Book 625 at Page 979. 17. Easement and right of way to construct, reconstruct, repair, change, enlarge, rephase, operate and maintain an electric transmission or distribution system, as granted by Ralph H. Woodward to Holy Cross Electric Association by instrument recorded November 12, 1991, in Book 661 at Page 822. 18. Easement and right of way to operate and maintain such telecommunications facilities as are currently in place or which may be added from time to time in the future within the conduit structure currently in place, as granted by Ralph H. Woodward to U.S. West Communications, Inc. by instrument recorded January 29, 1997, at Reception No. 401340. 19. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners of Pitkin County, Colorado recorded August 17, 1999 as Reception No. 434491 as Resolution No. 99-112. 20. Easement and right of way for construction, maintenance of roadway, utilities, drainage and bike path purposes, as granted by Ralph H. Woodward to Department of Transportation, State of Colorado, by instrument recorded September 1, 2000, at Reception No. 446652. 21. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners of Pitkin County, Colorado recorded January 3, 2017 as Reception No. 635142 as Resolution No. 126-2016. 22. Easements, rights of way and all matters as disclosed on Aspen Mini Storage LLC Parking Area Site Plan recorded January 23, 2017 in Plat Book 117 at Page 65. 23. Any and all leases or tenancies whether or not they are shown in the public record. 24. Encroachments and all matters as disclosed by Survey of High Country Engineering, Inc. dated October 21, 2019 as Job No. 2191693. 25. NOTE: The title commitment is subject to underwriting approval. The Company reserves the right to make changes. Exhibit B | Application 42 ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT25725W SELLER: CITY OF ASPEN, a Colorado home rule municipal corporation BUYER: TO BE DETERMINED The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 is $55.00 A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse claims, or other matters known by Seller and Buyer. The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event information regarding defects, liens, encumbrances, adverse claims, or the like are discovered. The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage and any additional requirements deemed necessary by the Company. The Company hereby reserves the right to deny any of the above coverage's at its sole discretion. Exhibit B | Application 43 PITKIN COUNTY TITLE, INC. Disclosures Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1-3. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Exhibit B | Application 44 Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Exhibit B | Application 45 Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. Exhibit B | Application 46 Exhibit B | Application 47 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 8910 354 425 REFERENCE:PCT25725W/TO BE DETERMINED Exhibit B | Application 48 Exhibit B | Application 49 2.0' WITNESS CORNERSET #5 REBAR & 1-1/4"BLUE PLASTIC CAP WCTNC PLS38215FOUND #5 REBAR &1-1/4" YELLOW PLASTICCAP LS16129FOUND #5 REBAR & 1-1/4" YELLOWPLASTIC CAP HCE LS19598FOUND #4REBAR &1" REDPLASTIC CAP ILLEGIBLEFOUND #5REBAR & 1-1/2"ALUMINUMCAP LS31551FOUND #5REBAR & 1-1/4"YELLOW PLASTICCAP LS238759.7' WITNESS CORNERFOUND #5 REBAR & 2"ALUMINUM CAP LS23875LOT 2COMMUNICATIONS CENTER SUBDIVISIONPLAT BOOK 21-PAGE 34OWNER: TCI OF NORTH NEW JERSEY INCPARCEL NO. 2735-031-02-002LOT 3QWEST/CITY OF ASPENSUBDIVISION EXEMPTION LOTLINE ADJUSTMENTPLAT BOOK 61 - PAGE 24OWNER: ASPEN BUSINESS PARKINVESTORS LLCPARCEL NO. 2735-031-01-003N84°34'00"E 201.89'PLAT=201.92'R=2160.00'L=182.99'CB=S10°29'43"WCH=182.93'PLAT=S10°32'21"W 182.94'PLAT=N84°34'00"E 229.50'N84°37'50"E 229.84'S06°41'33"E 216.3 5 ' PLAT=S06°38'00"E 2 1 6 . 1 7 'PLAT=S84°34'00"WS84°37'22"W 435.05'R=1960.00'L=399.42'CB=N07°57'33"WCH=398.73'PLAT=N07°54'08"W 398.70'PLAT=L=399.39'AMERICANROADWOODWARD LANECOLORADOSTATEHIGHWAYNO. 8210' SEWER EASEMENTBOOK 253 PAGE 21020' UTILITY EASEMENTPLAT BOOK 21 PAGE 3420' UTILITY EASEMENTPLAT BOOK 21 PAGE 34 30' ROAD EASEMENTPLAT BOOK 21 PAGE 3410' ELECTRIC EASEMENTPLAT BOOK 21 PAGE 34BOOK 291 PAGE 64715' CABLE T.V. EASEMENTPLAT BOOK 21 PAGE 34AND15' WIDE BICYCLE TRAILEASEMENTBOOK 345 PAGE 97510' UTILITY EASEMENTPLAT BOOK 21 PAGE 34BOOK 291 PAGE 64715' ACCESS EASEMENTPLAT BOOK 21 PAGE 34LOT 3COMMUNICATIONS CENTERSUBDIVISIONPLAT BOOK 21 PAGE 342.977± ACRESLOT 2 - BLOCK-1AMENDED AND RESTATED PLAT OF ASPENAIRPORT BUSINESS CENTER FILING NO. 1PLAT BOOK 7 - PAGE 79OWNER: CITY OF ASPENPARCEL NO. 2735-031-01-802PAVED ROADWAYLOT 1COMMUNICATIONS CENTER SUBDIVISIONPLAT BOOK 21-PAGE 34OWNER: TCI OF NORTH NEW JERSEY INCPARCEL NO. 2735-031-02-001GREENBELT AREAPLAT BOOK 7 - PAGE 79OWNER: PITKIN COUNTYPARCEL NO. 2643-344-00-852COVENANTNO BUILDINGS ORIMPROVEMENTSPLAT BOOK 17 PAGE 52BASIS OF BEARINGSS13°07'19"E14.33'20' H O L Y C R O S S O V E R H E A D ELEC T R I C E A S E M E N T BOO K 4 1 9 P A G E 8 0 7 BOO K 5 8 2 P A G E 2 2 7 10' HOLY CROSSUNDERGROUNDELECTRIC EASEMENTBOOK 661 PAGE 82210' U.S. WESTCOMMUNICATIONSTELEPHONE EASEMENTRECEPTION NO. 401340PERMANENT EASEMENT FORCONSTRUCTION, MAINTENANCEOF ROADWAY, UTILITIES,DRAINAGE & BIKE PATHTO CDOTRECEPTION 446652(VARIABLE WIDTH)NOTES:5.THIS ANNEXATION PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTHCOLORADO, LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAYAND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLECOMMITMENT CASE NO. PCT25456W ISSUED BY PITKIN COUNTY TITLE INC, EFFECTIVEDATE: SEPTEMBER 26, 2019LEGENDSURVEYOR'S STATEMENTBY ME AND THAT IT IS TRUE AND CORRECT TOTHE BEST OF MY BELIEF AND KNOWLEDGE.SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PMCOUNTY OF PITKIN, STATE OF COLORADOLOT 3 COMMUNICATIONS CENTER SUBDIVISION ANNEXATION PLAT TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2021-372DATE:October 21, 2021DRAWNRPKSURVEYEDGBLSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY30'15'60'SCALE: 1" = 30'NPROPERTY DESCRIPTION:0NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.CONTIGUOUS CITY OF ASPEN LIMITSVICINITY MAPSITEANNEXATION DATATOTAL BOUNDARY= 1665.54 LINEAR FEETCONTIGUOUS BOUNDARY = 435.05 LINEAR FEETRATIO= 1: 3.828AREA= 2.977 ACRESCITY OF ASPEN ENGINEER'S APPROVALCITY COUNCIL APPROVALCITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR'S APPROVALCLERK AND RECORDER'S CERTIFICATEORFREVIEWExhibit B | Application50 Attachment D Vicinity Map Exhibit B | Application 51 GMETAL LEAN-TO LUMBERSTORAGE BUILDING322.3'S320.7'24.2'EDGE OF PAVEMENTEEDYHINLET7775.23INLET7775.39GRAVEL PARKING - STORAGE AREAROCK WALL 180.7'180.7'20.4' 20.4'INLET7771.24INLET7772.75INLET7771.14METAL STORAGE BUILDINGMETAL STORAGE BUIL D I N G METAL STORAGE BUILDING25.0'30.0'30.0'20.0'INLET7771.2225.0'30.0'30.0'20.0'15.5'(TIE)BUILDING20.0'5.0'25.0'60.6' 97.8' 35.0' 105.7' 105.7' 105.7' 105.7' 105.7' 105.7' 135.7' 135.7'185.7'185.7'20.0' 20.0' EDGE OF PAVEMENT METAL STORAGE BUIL D I N G METAL STORAGE BUILD I N G METAL STORAGE BUILD I N G METAL STORAGE BUILD I N G 105 WOODWARD LANE 2.0' WITNESS CORNERSET #5 REBAR & 1-1/4"BLUE PLASTIC CAP WCTNC PLS38215FOUND #5 REBAR &1-1/4" YELLOW PLASTICCAP LS16129ROCK RETAININGSITE BENCH MARKFOUND #5 REBAR & 1-1/4" YELLOWPLASTIC CAP HCE LS19598ELEVATION: 7775.13FOUND #4REBAR &1" REDPLASTIC CAP ILLEGIBLEFOUND #5REBAR & 1-1/2"ALUMINUMCAP LS31551FOUND #5REBAR & 1-1/4"YELLOW PLASTICCAP LS23875PAVED ROADWAY PAVED DRIVE PAVED DRIVE2'± ELEVATION DROPBETWEEN CONCRETE &PAVEMENTALONG THIS LINE4' WIDE CONCRETE DRAINAGE PAN 9.7' WITNESS CORNERFOUND #5 REBAR & 2"ALUMINUM CAP LS238759.7'(TIE)CONCRETE RETAINING WALLLOT 2COMMUNICATIONS CENTERSUBDIVISIONLOT 1COMMUNICATIONS CENTERSUBDIVISIONLOT 3QWEST/CITY OF ASPENSUBDIVISION EXEMPTIONLOT LINE ADJUSTMENTPAVED PATH AMERICANROADWOODWARD LANECOLORADOSTATEHIGHWAYNO. 82NORTH BOUND LANE - PAVED ROADWAY GREENBELT AREAPLAT BOOK 7PAGE 7920' UTILITY EASEMENTPLAT BOOK 21 PAGE 3420' UTILITY EASEMENTPLAT BOOK 21 PAGE 34 30' ROAD EASEMENTPLAT BOOK 21 PAGE 3415' ACCESS EASEMENTPLAT BOOK 21 PAGE 34LOT 3COMMUNICATIONS CENTERSUBDIVISION2.977± ACRES77797 7 7 8 77727773777577807785779077807785778577857783 7780778077807778 77777780 77757777777577757774 PAVED ROADWAYN84°34'00"E 201.89'PLAT=201.92'R=2160.00'L=182.99'CB=S10°29'43"WCH=182.93'PLAT=S10°32'21"W 182.94'PLAT=N84°34'00"E 229.50'N84°37'50"E 229.84'S06°41'33"E 216.3 5 ' PLAT=S06°38'00"E 2 1 6 . 1 7 'S84°37'22"W 435.05'PLAT=S84°34'00"WR=1960.00'L=399.42'CB=N07°57'33"WCH=398.73'PLAT=N07°54'08"W 398.70'PLAT=L=399.39'COVENANTNO BUILDINGS ORIMPROVEMENTSPLAT BOOK 17 PAGE 52BASIS OF BEARINGS20' HOLY CROSS OVERHEADELECTRIC EASEMENTBOOK 419 PAGE 807BOOK 582 PAGE 22710' HOLY CROSSUNDERGROUNDELECTRIC EASEMENTBOOK 661 PAGE 82210' U.S. WESTCOMMUNICATIONSTELEPHONE EASEMENTRECEPTION NO. 40134010' ELECTRIC EASEMENTPLAT BOOK 21 PAGE 34BOOK 291 PAGE 64715' CABLE T.V. EASEMENTPLAT BOOK 21 PAGE 34AND15' WIDE BICYCLE TRAILEASEMENTBOOK 345 PAGE 97510' UTILITY EASEMENTPLAT BOOK 21 PAGE 34BOOK 291 PAGE 647PERMANENT EASEMENT FORCONSTRUCTION, MAINTENANCEOF ROADWAY, UTILITIES,DRAINAGE & BIKE PATHTO CDOTRECEPTION 446652(VARIABLE WIDTH)NOTES:5. THIS SITE PLAN DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO, LLC FOR ALL INFORMATION REGARDINGEASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLE COMMITMENT CASENO. PCT25456W ISSUED BY PITKIN COUNTY TITLE INC, EFFECTIVE DATE: SEPTEMBER 26, 20196. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) STATION S 159 HAVING AN ELEVATION OF 7720.88.7. CONTOUR INTERVAL EQUALS 1 FOOT.8. UNDERGROUND UTILITIES SHOWN HEREON WERE LOCATED BY ROARING FORK UTILITY LOCATORS LLC. SANITARYSEWER LINES WERE PROVIDED BY ASPEN CONSOLIDATED SANITATION DISTRICT. UTILITIES SHOWN HEREON AREFOR PLANNING PURPOSES ONLY. PLEASE CALL 811 PRIOR TO ANY DIGGING OR EARTHWORK CONSTRUCTIONFOR UTILITY VERIFICATION.LOT 3 COMMUNICATIONS CENTER SUBDIVISION SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PMCOUNTY OF PITKIN, STATE OF COLORADOPD SITE PLANCATV PEDESTALDPOWER POLEGUY ANCHORSIGNSTORM DRAIN MANHOLEELECTRIC MANHOLEEWATER METERIRRIGATION VALVE BOXWIVBDRAINAGE INLETWATER LINESEWER LINETELEPHONE LINEFIBER OPTIC LINEGAS LINEOVERHEAD ELECTRIC LINE CATV LINEELECTRIC LINE TELEPHONE PEDESTALDYHSFIRE HYDRANTSANITARY MANHOLEELECTRICAL TRANSFORMERGAS METERELECTRICAL METERGLEGENDE30'15'60'SCALE: 1" = 30'N0CLEAN-OUTWATER VALVE BOXCDOT COMMUNICATION VAULTBOLLARDCHAIN-LINK FENCEWOOD FENCEA LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comDRAWNLDVSURVEYEDDJBSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANYNOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.VICINITY MAPSITESURVEYOR'S STATEMENTI, RODNEY P. KISER, DO HEREBY STATE THAT THIS SITE PLAN IS BASED ON A FIELD SURVEY IN SEPTEMBER OF 2020AND WAS PREPARED BY ME AND UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND THAT IT IS TRUE ANDCORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE.PROJECT NO: 2021-372DATE:October 22, 2021PROPERTY DESCRIPTION:Exhibit B | Application52 Exhibit B | Application 53 Exhibit B | Application 54 PRE-APPLICATION CONFERENCE SUMMARY DATE: 10/19/21 PLANNER: Ben Anderson, Planner, City of Aspen, 429-2765 PROJECT NAME AND ADDRESS: 105 AABC (Pitkin County), Mini-Storage associated with the Lumberyard Project PARCEL ID# 273503102003 REPRESENTATIVE: Bob Schultz, Representative for City Asset Department, 963-3670 DESCRIPTION: In 2020, The City of Aspen purchased a nearly 3-acre parcel in the AABC (Aspen Airport Business Center). This recently acquired property, which is located in unincorporated Pitkin County, but within the Urban Growth Boundary is anticipated to be combined with other adjacent properties (including the “Lumberyard” property) in the creation of an affordable housing development. The property currently contains a mini-storage facility and related uses and structures. Prior to the future Land Use actions that would grant the full entitlements to the eventual project, an application related to this PreApp is be limited to pursue: 1) annexation of the property into the City of Aspen, and 2) establish a “holding” zone that would memorialize the existing development and use of the property until the final plan for the site is developed and implemented. It is proposed that the annexation and initial zoning of the property would be carried out through two ordinances. The annexation process, which is outlined in a step-by-step description in the City of Aspen’s Annexation Plan, would be handled in the first Ordinance. The second Ordinance would establish the initial zoning on the property – which is proposed as SCI (Service/Commercial/Industrial) with a Planned Development Overlay would recognize the current conditions of the property, memorialize the existing development and use of the property, and limit the use until the eventual affordable housing project is initiated. This second Ordinance would require a recommendation from COA’s Planning and Zoning Commission prior to Council review. The Planned Development, as it will be defined and limited by the existing conditions will be very limited in scope and shall be considered in single review by City Council (separate reviews for project and detailed review are not necessary). It is anticipated that both Ordinances will be considered concurrently. Additional Items to consider: 1) This action – the process and steps, is recommended to be modeled after the 2011 action which annexed and rezoned the adjacent Lumberyard process 2) The annexation shall be consistent with requirements as specified by the Colorado Revised Statutes 3) Because of the relatively small size of the proposed annexation (< 10 acres), this annexation does not require the filing of an annexation report with the Pitkin County Board of County Commissioners (BOCC). However, staff strongly encourages the applicant to reach out to Pitkin County for a letter or other statement of support for the annexation and zoning actions. Public Noticing will be required for several public hearings related to the proposed land use actions. Staff requires that Enhanced Public Information is provided per 26.304.035 and strongly recommends that an Information Exhibit B | Application 55 Meeting (in person, virtual, etc.) of some form be held to inform neighbors of the relationship of these land use actions to the anticipated future project. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.310 Amendments to the Text and Zone District Map 26.445 Planned Development 26.575.020 Calculations and Measurements 26.710.160 SCI Zone District CRS 31-12-102…sequence – State Statutes Related to Annexation See Attachment – City of Aspen’s Annexation Plan For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Community Development staff for complete application Planning and Zoning Commission for Recommendation City Council for Ordinances: Annexation and Planned Development/Rezoning PUBLIC HEARING: Yes; P&Z and City Council PLANNING FEES: $7,800 deposit for 24 hours of staff time (Additional/fewer hours billed/refunded at $325 per hour) REFERRAL FEES: City Engineering Department - $325; 1 hour deposit – additional hours will be billed as necessary. TOTAL DEPOSIT: $8,125 APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: ben.anderson@cityofaspen.com  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. The purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use Case.  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. This should include responses to Statutory and Local Annexation Criteria – as identified in COA’s Annexation Plan  An annexation plat/map  Draft of annexation petition Exhibit B | Application 56  A site improvement survey (no older than a year from submittal) including topography, existing structures, and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. The survey and related information should document the existing structures (floor plans, floor area and other dimensions) and uses on the property. While an annexation report is not required, due to the size of the parcel, the survey could be a mechanism to provide information that would typically be in the annexation report, as applicable.  HOA Compliance form (Attached to Application) Once the copy is deemed complete by staff, the following items will then need to be submitted:  Total fee for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Exhibit B | Application 57 Attachment I Adjacent County Zoning 4,672 778.7 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0778.7389.36 Notes Pitkin Maps & More THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 2:30 PM 10/07/21 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Full Address Parcel Boundary Zone District Labels Zone District AH Affordable Housing AH/PUD Affordable Housing/PUD AR-10 Agricultural/Residential (10 Acre) AR-2 Agricultural/Residential (2 Acre) B-1 Rural Business B-2 Business CD/PUD Conservation Development I Industrial LIR-35 Low Impact Residential (35 Acre) Residential Multi-Family MHP Moble Home Park MHP/PUD Mobile Home Park PUD P-I Public-Institutional PUB Public R-6 Medium Density Residential R-15 Moderate Density Residential R-15A Moderate Denisty Residential R-15B Moderate Density Residential R-30 Suburban Density Residential RR Rural Remote RS-160 Resource (160 Acre) RS-20 Resource (20 Acre) Exhibit B | Application 58 Attachment J Adjacent City Zoning Existing County Zoning is B-2 Proposed City Zoning is SCI PD Exhibit B | Application 59 Exhibit B | Application60 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying that the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Sara Ott, City Manager, City of Aspen, Colorado Email: Sara.Ott@aspen.gov Phone No.: 970-920-5083 Address of 105 AABC (aka Woodward Ln.), Aspen, CO 81611 Property: (subject of application) I certify as follows: (pick one) This property is not subject to a homeowner association or other form of private c ovenant. □ This property is subject to a homeowner association or private covenant, and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. □ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Date: 11/30/2021 Owner printed name: Sara G. Ott or, Attorney signature: Date: Attorney printed name: November 2021 City of Aspen|427 Rio Grande Place|(970) 920 5090 DocuSign Envelope ID: 7D7C5B06-B4A1-43B4-8338-B3F48227207D Sara Ott Exhibit B | Application 61 Land Use Application Determination of Completeness Date: January 13, 2022 Christopher Everson City of Aspen 427 Rio Grande Pl. Aspen, CO 81611 Dear Christopher, We have received your land use application for the Aspen Mini Storage Annexation Review (LPA-21-133) and reviewed it for completeness. Your Land Use Application has been deemed Complete. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Ben will be the staff planner for this project and his contact information is as follows: ben.anderson@aspen.gov. At this time, please submit the $8,125.00 deposit by contacting our administrative staff for other payment options. The administrative staff may be reached during normal business hours at 970-920-5090 or buildingadmins@cityofaspen.com. Thank You, Garrett Larimer, Senior Planner City of Aspen, Community Development Department Exhibit B | Application 62 Land Use Application Determination of Completeness Date: January 13, 2022 Christopher Everson City of Aspen 427 Rio Grande Pl. Aspen, CO 81611 Dear Christopher, We have received your land use application for the Aspen Mini Storage Annexation Review (LPA-21-133) and reviewed it for completeness. Your Land Use Application has been deemed Complete. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Ben will be the staff planner for this project and his contact information is as follows: ben.anderson@aspen.gov. At this time, please submit the $8,125.00 deposit by contacting our administrative staff for other payment options. The administrative staff may be reached during normal business hours at 970-920-5090 or buildingadmins@cityofaspen.com. Thank You, Garrett Larimer, Senior Planner City of Aspen, Community Development Department Exhibit B | Application 63 Aspen Mini Storage Annexation Request Initial Zoning Map Request Planned Development (Combined Project/Detailed) 105 AABC (aka Woodward Ln.) Lot 3 of the Communications Center Subdivision Parcel: 273503102003 Prepared for: City of Aspen 130 S. Galena St. Aspen, CO 81611 Prepared by: Robert Schultz Consulting, LLC 354 Fawn Dr. Carbondale, CO 81623 October 2021 Exhibit B | Application 64 Aspen Mini Storage Annexation, Initial Zoning, PD 2 Introduction The City of Aspen acquired Lot 3 of the Communications Center Subdivision for future development of affordable housing as part of a land assemblage with the adjacent City-owned parcels. At this time, the City applies to: 1.) annex the land, and, 2.) zone the property SCI PD to allow the existing storage use to continue without expansion until future plans for housing are completed, approved, and ready for construction. That will require initial zoning to be granted and adoption of the current survey as defining the Planned Development. The +/- 2.977-acre property is currently in unincorporated Pitkin County and within the Aspen Urban Growth Boundary. The County zoning for the property is B-2 (General Business). The current uses include 244 storage units, an office, and an apartment for the on-site manager. Two of the seven storage buildings include basement level storage. There are also 27 commercial parking spaces at the site. The Communications Center Subdivision is not part of the Aspen Airport Business Center but rather was the subject of county subdivision in 1985. In 1988, it was re-subdivided to create Lot 3, the subject parcel. In 1990, Lot 3 was removed from the Condominium Declarations that bound the subdivision. The benefits of annexation to the City are that the existing +/- 27,587 square foot (sf) storage operation will continue to operate and generate lease revenue for the City while ongoing analysis and planning for future housing is completed. The lumber yard property to the south was acquired and annexed for similar purposes in 2009 using the same process proposed in this application. The annexation and interim SCI PD zoning are logical steps toward planning for the entire assemblage of land and the ultimate redevelopment of the property while retaining lease revenue from the operations on the property. This property also provides the opportunity for a planned future connection between the Aspen Airport Business Center and a proposed future intersection with SH 82 as directed by the Colorado Department of Transportation’s Access Control Plan for the area. At the appropriate time, a land use plan will be submitted to the City for rezoning and construction of affordable housing. Exhibit B | Application 65 Aspen Mini Storage Annexation, Initial Zoning, PD 3 Contents Petition For Annexation Page 4 Statutory Annexation Criteria Page 5 Local Annexation Criteria Page 9 Initial Zoning Page 15 Planned Development Page 18 Schedule of Attachments Page 21 Exhibit B | Application 66 Aspen Mini Storage Annexation, Initial Zoning, PD 4 Exhibit B | Application 67 Aspen Mini Storage Annexation, Initial Zoning, PD 5 Statutory Annexation Criteria: 31-12-104 Eligibility (1) No unincorporated area may be annexed to a municipality unless one of the conditions set forth in section 30 (1) of article II of the state constitution first has been met. An area is eligible for annexation if the provisions of section 30 of article II of the state constitution have been complied with and the governing body, at a hearing as provided in section 31-12-109, finds and determines: (a) That not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof, except county-owned open space, or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements imposed by section 31-12-105 (1)(e), contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together for the purposes of the public hearing required by sections 31-12-108 and 31-12-109 and the annexation impact report required by section 31-12- 108.5. (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of this subsection (1) shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing provided for in section 31-12-109, finds that at least two of the following are shown to exist: (I) Less than fifty percent of the adult residents of the area proposed to be annexed make use of part or all of the following types of facilities of the annexing municipality: Recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent of said area’s adult residents are employed in the annexing municipality. If there are no adult residents at the time of the hearing, this standard shall not apply. (II) One-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agricultural use for a period of not less than five years. (III) It is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed is provided or will within the reasonably near future be provided with any service by or through a quasi-municipal corporation. Response: The total perimeter of Lot 3 of the Communications Center Subdivision is 1665.54 linear feet. The contiguous portion of the perimeter is 435.05 linear feet (see Attachment C). One-sixth of the perimeter is 277.59 linear feet; thus the necessary contiguity is established. None of the exceptions described in Section 1(b) are applicable. Exhibit B | Application 68 Aspen Mini Storage Annexation, Initial Zoning, PD 6 (2) (a) The contiguity required by paragraph (a) of subsection (1) of this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipality if the area, at the time of its annexation, was not contiguous at any point with the boundary of the annexing municipality, was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and was located more than three miles from the nearest boundary of the annexing municipality, nor may such contiguity be established by use of any boundary of territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. (b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12-102 and the limitations of this article, any annexation which uses any boundary in violation of this subsection (2) may be declared by a court of competent jurisdiction to be void ab initio in addition to other remedies which may be provided. The provisions of section 31-12- 116 (2) and (4) and section 31-12-117 shall not apply to such an annexation. Judicial review of such an annexation may be sought by any municipality having a plan in place pursuant to section 31-12-105 (1)(e) directly affected by such annexation, in addition to those described in section 31-12-116 (1). Such review may be, but need not be, instituted prior to the effective date of the annexing ordinance and may include injunctive relief. Such review shall be brought no later than sixty days after the effective date of the annexing ordinance or shall forever be barred. (c) Contiguity is hereby declared to be a fundamental element in any annexation, and this subsection (2) shall not in any way be construed as having the effect of legitimizing in any way any noncontiguous annexation. Response: No municipal satellite is proposed, the subject property is within the Aspen Urban Growth Boundary and the adjacent contiguous parcel was previously annexed in accordance with Section 1. 31-12-105 Limitations (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations: (a) In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. (b) In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the application of this paragraph (b), contiguity shall not be affected by a dedicated street, road, or other public way. Exhibit B | Application 69 Aspen Mini Storage Annexation, Initial Zoning, PD 7 (c) No annexation pursuant to section 31-12-106 and no annexation petition or petition for an annexation election pursuant to section 31-12-107 shall be valid when annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality, except in accordance with the provisions of section 31-12-114. For the purpose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with section 31-12-108 is taken within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexation procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date. (d) As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no annexation pursuant to section 31-12- 106 or annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. (e) (I) Except as otherwise provided in this paragraph (e), no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within said three-mile area, the contiguity required by section 31-12-104 (1)(a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three-mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone. (II) Prior to completion of an annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved pursuant to subparagraph (I) of this paragraph (e), the municipality shall annex any of the following parcels that abut a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, where the parcel satisfies all of the eligibility requirements pursuant to section 31-12-104 and for which an annexation petition has been received by the municipality no later than forty-five days prior to the date of the hearing set pursuant to section 31-12-108 (1): (A) Any parcel of property that has an individual schedule number for county tax filing purposes upon the petition of the owner of such parcel; Exhibit B | Application 70 Aspen Mini Storage Annexation, Initial Zoning, PD 8 (B) Any subdivision that consists of only one subdivision filing upon the petition of the requisite number of property owners within the subdivision as determined pursuant to section 31-12-107; and (C) Any subdivision filing within a subdivision that consists of more than one subdivision filing upon the petition of the requisite number of property owners within the subdivision filing as determined pursuant to section 31-12-107. (e.1) The parcels described in subparagraph (II) of paragraph (e) of this subsection (1) shall be annexed under the same or substantially similar terms and conditions and considered at the same hearing and in the same impact report as the initial annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Impacts of the annexation upon the parcels described in subparagraph (II) of paragraph (e) of this subsection (1) that abut such platted street or alley, public or private right-of-way, public or private transportation right-of-way or area, or lake, reservoir, stream, or other natural or artificial waterway shall be considered in the impact report required by section 31-12-108.5. As part of the same hearing, the municipality shall consider and decide upon any petition for annexation of any parcel of property having an individual schedule number for county tax filing purposes, which petition was received not later than forty-five days prior to the hearing date, where the parcel abuts any parcel described in subparagraph (II) of paragraph (e) of this subsection (1) and where the parcel otherwise satisfies all of the eligibility requirements of section 31-12-104. (e.3) In connection with any annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, upon the latter of ninety days prior to the date of the hearing set pursuant to section 31-12-108 or upon the filing of the annexation petition, the municipality shall provide, by regular mail to the owner of any abutting parcel as reflected in the records of the county assessor, written notice of the annexation and of the landowner’s right to petition for annexation pursuant to section 31-12-107. Inadvertent failure to provide such notice shall neither create a cause of action in favor of any landowner nor invalidate any annexation proceeding. (f) In establishing the boundaries of any area proposed to be annexed, if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. (g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipality shall not deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality. (h) The execution by any municipality of a power of attorney for real estate located within an unincorporated area shall not be construed to comply with the election provisions of this article for purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance with the procedures set forth in this article. Response: None of the limitations to annexation described in C.R.S. 31-12-105 are applicable to this annexation request. Exhibit B | Application 71 Aspen Mini Storage Annexation, Initial Zoning, PD 9 Local Annexation Criteria AACP Compliance Annexation requests should be reviewed for alignment with the Aspen Area Community Plan (AACP). Annexation of certain lands could facilitate accomplishment of the plan’s goals, philosophy, policies, or specific action items. Response: The current application is to annex the parcel and to zone the property to continue the existing storage use of the property. Thus, no change is proposed in relationship to the AACP. At some point in the future, the property is intended to become part of a larger affordable housing project for local residents. That proposal will need to address AACP goals and objectives, in particular goals for housing locals. Urban Growth Boundary The City of Aspen approved Aspen’s Urban Growth Boundary via adoption of the 2012 AACP. The UGB identifies the land surrounding Aspen as either appropriate for urban development (within the UGB) or inappropriate for urban development (outside the UGB). Land within the UGB is expected to become part of the City’s urbanized area and should be considered appropriate for annexation. Land outside the UGB should only be annexed as a method of preserving the non-urban character of lands surrounding Aspen. The UGB does not necessarily need to be amended unless the land is intended for an urban level of development. Annexation of land outside the UGB, in fact, may serve a significant public purpose. Response: The parcel is located within the Urban Growth Boundary and in an area defined as “Aspen Business Center and North Forty” in the 2019 Aspen Annexation Plan. Significant Annexations Changing the regulatory structure and jurisdiction of significant community facilities, large developments, and large tracts of vacant land present considerable potential for community change. These annexation proposals should involve discussion between the Aspen City Council and the Pitkin County Board of County Commissioners. A joint work session at which various land use issues are discussed can only benefit the City in it analysis of a significant annexation. For example: properties entitled by the County and annexed into the City can require complex administration of development rights, especially when amendments are requested. Discussing the primary elements of the land use review can simplify administration and provide benefit to the annexing landowner. Likewise, certain annexation proposals may present concerns to other governmental and quasi- governmental agencies with jurisdiction or other interest in the property. As necessary, formal referral comments or work session-format meetings can be held to identify these concerns. Response: The proposal is to annex the land and continue the current land use, thus the annexation does not meet the description of a Significant Annexation. Exhibit B | Application 72 Aspen Mini Storage Annexation, Initial Zoning, PD 10 Fiscal Impact Analysis. The City should fully understand the financial implication of assuming additional lands upon each of its functions. The City Finance Department has modeled fiscal impacts of recent significant annexations and this information has been critical in determining the appropriateness of annexation. Certain capital improvements may be necessary as well as additional operation and service costs. These need to be balanced with additional special fund revenues that are gained. Pitkin County voters adopted a 2 percent Countywide sales tax, including a provision distributing 47 percent of the tax proceeds to Pitkin County and 53 percent to the City of Aspen. At some point, the distribution of countywide sales tax may need to be reconsidered as more service responsibilities shift to the City. Response: The current proposal is to annex the land and continue the current land use. The storage site does not generate property tax revenue since it is owned by the City and requires very few municipal services that are not already provided by the City or special districts. Annexing the land will allow for orderly planning of future use of the site in conjunction with adjacent City parcels. The City will receive ongoing lease revenues from the existing storage and parking leases, which benefits the future affordable housing project. No fiscal impact analysis was required for this application. Once a redevelopment plan is proposed for this and adjacent properties, the costs of new infrastructure and new services versus revenues can be quantified and reviewed by the City as part of land use review. Development Rights/Zoning Development rights associated with a property in Pitkin County versus those if the property is annexed into the City of Aspen should be considered. Annexations are typically associated with a proposal to further develop the property. Traditionally, the City weighs an increase in development rights in relation to accomplishment towards community goals available through annexation. A complete understanding of a property’s development potential, prior to annexation, should include a zoning build-out analysis considering regulatory limitations, such as growth management and impact fees, and regulatory incentives, such as the use of Transferable Development Rights. The public policy of such regulations and the impact of changing the regulatory structure upon the City should be considered. Zoning of newly annexed land should approximate development rights prior to annexation, unless a site-specific development plan is approved concurrent with annexation. The creation of non-conformities should be avoided, although custom legislation to address special interests can further complicate the City’s regulatory environment. The City should encourage the legalization of “bandit units” through the City’s Accessory Dwelling Unit provisions to ensure compliance with the health and safety standards of Adopted building codes. These units should be expected in older subdivisions surrounding Aspen. Exhibit B | Application 73 Aspen Mini Storage Annexation, Initial Zoning, PD 11 Response: The current zoning in Pitkin County is B-2. “The B-2 (General Business) zone district is intended to provide for the establishment of commercial and low-intensity, non-polluting industrial uses that do not require or generate high customer traffic volumes and to permit customary accessory uses, including a small portion of the land area in high density, long- term residential dwelling units. Because of the need to preserve the existing inventory of B-2 zone district lands for commercial purposes, residential uses are secondary in priority to commercial uses.” Pitkin County LUC 3-60-10 The proposed City zoning is Service/Commercial/Industrial (SCI) PD. “The S/C/I zone supports Aspen Area Community Plan policies related to a sustainable, local serving economy and the preservation of a diversity of commercial opportunities for locals and visitors. In response to the decreased intensity of commercial uses in the zone and relative distance from the CC and C1 zones, both multi-modal and automobile parking improvements are appropriate on site in the S/C/I. In order to enhance the City's commercial diversity, the zone allows for uses not found in other zones including light industrial, manufacturing, production, repair and similar service-related uses. The S/C/I zone is designed to provide commercial space to those uses not appropriate in other commercial zones, but which provide an essential or unique service to support the local economy. Flexibility and adaptability are important features of the zone to respond to changing commercial sector dynamics and meet the space needs of the City's service, creative and production economies.” Aspen Municipal Code 26.710.160 The SCI PD zoning will restrict land use to the existing uses and allow the existing extent of use. A Planned Development designation is proposed to limit the development to the existing buildings. Only regular maintenance and repairs are anticipated at the site. When a future redevelopment plan is advanced for this and adjacent City property, then a zoning change is expected. There are additional considerations for properties in this area that are subject to Pitkin County’s Land Use Code Section 3-70-50 that were not analyzed since no change in the land use is proposed in this annexation. However, the table below was prepared to display the two zone districts. The dimensional standards of the proposed SCI PD and existing B-2 zone districts are displayed below: Exhibit B | Application 74 Aspen Mini Storage Annexation, Initial Zoning, PD 12 Standard Proposed: City of Aspen SCI PD Existing: Pitkin County B-2 Lot Size (sf) +/- 129,678 +/- 129,678 Minimum Lot Size (sf) Existing per PD Survey 6,000 Minimum Front Setback Existing per PD Survey 200’ Minimum Rear Setback Existing per PD Survey 10’ Minimum Side Setback Existing per PD Survey 10’ Maximum Height Existing per PD Survey 28’ Floor: Area Ratio Existing per PD Survey 0.36:1 Allowable Floor Area (sf) +/- 27,590 (per PD Survey) 46,684 Proposed Floor Area (sf) 27,590 (per PD Survey) 27,590 Pitkin County Transferable Development Rights Certain lands in the County within the City’s annexation area are eligible for increased development rights through the extinguishment of transferable development rights (TDRs). Certain site-specific approvals granted in Pitkin County may involve or require the use of TDRs. And, certain development may have already occurred by use of these TDRs necessitating acknowledgment of the realized increased development right. Until the City adopts a program for accepting Pitkin County Transferable Development Rights, each individual annexation request should include an analysis of TDR-contingent land use scenarios and, if necessary, an agreement should be reached describing the future use of Pitkin County TDRs within the newly annexed area. Response: The proposed annexation does not anticipate the use of Pitkin County transferable development rights. The existing use is expected to continue for some period and the site is anticipated to transition to affordable housing through a future land use application. Usefulness and Appropriateness of Each Jurisdiction’s Regulations As Aspen City limits expand beyond the original townsite, the effects of environmental constraints and hazards on development increase. Pitkin County’s 1041 regulations address development on steep slopes, in wildfire hazard areas, in rockfall and avalanche hazard areas, and within wildlife corridors. The City’s Environmentally Sensitive Area review standards address flood hazard areas and development above the 8,040-foot elevation. The County’s regulations primarily attempt to minimize land use intensity and minimize the infrastructure and operational effects of development. The City’s land use code encourages the intense use of land and addresses urban development issues, such as architectural character. In transition areas, the City’s Planned Unit Development regulations should be used to establish an appropriate balance. Design standards for public improvements also reflect the rural and urban aspect of each jurisdiction. The appropriateness of each jurisdiction’s development regulations and design standards should be considered in each annexation. The acceptance of substandard public improvements and potential public costs of upgrading those facilities should also be considered. Exhibit B | Application 75 Aspen Mini Storage Annexation, Initial Zoning, PD 13 The City may require certain facilities be upgraded prior to annexation. Alternatively, the City may require a cash payment to accommodate expected City capital improvement and operational expenses. The City currently has no experience administering remote backcountry and Forest Service lands. These lands could require significant changes to the City’s emergency services. The public costs of annexing remote lands should be considered in relation to the public goals of such an action. Aspen’s Ski Area Base (SKI) Zone District addresses development at the base of ski areas. The zoning provides for a mixture of skiing, recreational, commercial, and tourist-oriented uses and requires adoption of a Planned Unit Development. This zoning was applied to Aspen Highlands Base Village and may be appropriate for the Buttermilk Ski Area base, upon annexation. Response: The current storage use is expected to continue in the near term with no expansion proposed. A Planned Development designation on the property will limit land uses to the existing structures. Storage is an allowed accessory use in the SCI zone. The PD designation limits the storage to existing uses while recognizing that the use is more intense than allowed as a use by right in the zone district. Ultimately, this parcel and adjacent City-owned parcels will be master planned and permitted for affordable housing for local workers. The intensity and character of that development will be an important topic of community input. The City has initiated community outreach about potential futures for the property and will continue to do so as a master plan is developed and permitted. Deer Hill is subject to a conservation easement that was implemented based on findings from previous affordable housing efforts. The area is within the Urban Growth Boundary and has urbanized due to previous City and County land use approvals. The area also hosts important transportation facilities including the Pitkin County Airport, a bus rapid transit station and bus maintenance facility, and SH 82. Infrastructure and Ability to Serve Annexation reviews typically focus a great deal of fiscal analysis on the potential extension of urban services to annexed territories. Cost, capacity, and engineering issues related extension of the City’s municipal water system to developing land on the urban fringe is a significant annexation issue. Currently, several small water districts serve residences located outside the City’s boundaries but within the service area of the water system. These small districts may present a problem for the City as their capital facilities may not be providing acceptable standards of service. Upgrading is expensive, and may become the responsibility of the City following annexation. Exhibit B | Application 76 Aspen Mini Storage Annexation, Initial Zoning, PD 14 The County does not currently require new periphery development to join the City’s municipal water system. However, these county development proposals must be reviewed by the City Council and found in compliance with the AACP in order to obtain City water service. In these cases, the City often requires compliance with City development regulations. Property owners developing a property eligible for annexation should consult the City’s Community Development Department and consider annexation. Response: The property is currently served by City municipal water and Aspen Sanitation District wastewater services. That service is not expected to change due to annexation. In the future, redevelopment of the site will require expanded utility services. The cost of those services will be analyzed in conjunction with the master plan for the area. Simplicity of City Boundary The City/County boundary has created confusion for citizens and staff responsible for enforcing public policy. A complex boundary can complicate emergency service provision and, in extreme cases, defeat efforts of law enforcement officers. Annexations simplifying the boundary should be encouraged while those further complicating the division should be avoided. Response: The City/County boundary in the AABC area is not simple and this annexation will likely make it neither more nor less complex. The area is an interface of municipal and county uses and users that are not necessarily in the jurisdiction one might predict. Annexing the mini storage parcel is unlikely to change any existing complexity. The most significant anomaly appears to be the unincorporated Mountain Rescue parcel, which is surrounded on three sides by the City. Annexation of Lot 3 of the Communications Center Subdivision does not create a significant change to that situation. Attachment D displays the vicinity. Involvement of law enforcement and emergency providers during the future review of a land use change could reduce potential confusion about service territory. The existing storage use is a use that does not generate significant demand for emergency services regardless of jurisdiction. Exhibit B | Application 77 Aspen Mini Storage Annexation, Initial Zoning, PD 15 City of Aspen Land Use Code- Initial Zoning Pre-Application Conference Notes- See Attachment H Fee Agreement- See Attachment F Compliance with Sec. 26.304.035 Neighborhood Outreach Response: Outreach to neighbors and the community at-large has been ongoing over the previous two years regarding the ultimate affordable housing plan and steps needed to achieve that goal. This annexation and zoning are a logical step toward that future housing plan but the housing plan will be a separate, future application. The City of Aspen Public Record includes reports on the affordable housing project outreach that was presented in public City Council meetings. In late October, an email update with project information, including this annexation request, was sent to more than 300 participants in previous project outreach events who expressed interest in project updates as well as the City’s email list. In addition, a public outreach event is planned for December 9 to continue outreach regarding project progress, including the annexation and initial zoning of the property. Individual outreach has also been employed during the ongoing public outreach to specific stakeholders. A project website at www.aspenlumberyard.com was used during the previous phase of work and information is currently being shared at: https://www.aspencommunityvoice.com/lumberyard. That site provides information on the overall planning for future housing as well as the annexation. There are opportunities for feedback as well as information about upcoming input opportunities and summaries of previous public comments. Finally, mailed public notice will be sent to property owners in an area far greater than that required by the land use code. Notice will include residences in the North Forty and Burlingame neighborhoods, which are outside of the required boundary. Compliance with Sec. 26.310.080 Rezoning (a) General Application Information Response: See Attachments F and G Exhibit B | Application 78 Aspen Mini Storage Annexation, Initial Zoning, PD 16 (b) Present Zone District and Land Uses Response: The Lot 3 of the Communications Center Subdivision is currently zoned by Pitkin County as B-2 (General Business) and it houses a storage facility. The initial zoning for the property is proposed to be SCI (Service/Commercial/Industrial) Planned Development to allow the continued operation of the storage facility. No expansion, change of use or “proposed development” is proposed. In the future, a plan for affordable housing will be completed and submitted for consideration and rezoning appropriate for the use proposed will be initiated. (c) The Area of the Property Response: The subject property is +/- 129,678 square feet or 2.977 acres. (d) An Accurate Survey of the Property Response: See Attachment E Compliance with Sec. 26.310.090 Zoning Standards of Review (a) Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics Response: The proposed amendment will allow the storage operation to continue while planning and permitting for affordable housing on this and adjacent parcels is pursued. The property to the south is owned by the City and is zoned SCI. The property to the north is in the unincorporated county and includes commercial, light industrial and affordable housing uses. To the east are storage and affordable housing uses. To the west is Highway 82 and the Pitkin County Airport. That mix of uses is characteristic of the area. The SCI PD zoning is the most logical zone district given existing use and the existing City zoning to the south and local serving orientation. Adjacent City and County zoning are displayed on Attachments I and J. (b) Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of those such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Response: The proposed amendment continues the low impact use tied to the storage operation. No expansion of the operation is anticipated. In the future, an affordable housing plan is intended to be proposed and any impacts associated with that use will need to be considered during review of such proposal. Exhibit B | Application 79 Aspen Mini Storage Annexation, Initial Zoning, PD 17 (c) Whether and extent to which proposed zoning amendment would result in significantly adverse impacts on the natural environment. Response: The proposed rezoning is to continue the existing storage use, no new impacts to the natural environment are anticipated. Ultimately, an affordable housing proposal will be proposed for the property that will require a rezoning and any new impacts may be assessed at that time. (d) Whether the proposed amendment is consistent and compatible with the community character in the City and in harmony with the public interest and intent of this Title. Response: The proposed zoning amendment will not change the existing use of the property. The property is compatible with nearby light industrial, residential, and commercial uses as evidenced by years of experience. That mix of uses is consistent with the character of the area. The zoning proposed is consistent with that mix of uses, many of which serve City of Aspen residents. Exhibit B | Application 80 Aspen Mini Storage Annexation, Initial Zoning, PD 18 Planned Development Compliance with Sec. 26.445.050 Planned Development Review Standards Response: The proposed use already exists, and no new development is proposed. (a) The property is within the Aspen Urban Growth Boundary and one of the areas identified for possible annexation in the Aspen Annexation Plan. The existing use is consistent with the type of uses in the area. (b) The site is already developed, and no hazards are present. (c) The site is developed; no additional development is proposed. (d) The PD dimensional standards to intended to limit development to the existing uses and buildings/improvements. (e) No new development is proposed. (f) Existing pedestrian and trail improvements will continue. (g) No new development is proposed. (h) No new development is proposed. (i) No change to access or circulation are proposed. A future housing plan is intended to enhance access and circulation in accord with an approved Highway 82 Access Control Plan, while this annexation supports that ultimate improvement it is not part of the current application. Compliance with Sec. 26.445.060 Use Variation Standards Response: Rather than to vary from standards, the purpose of the Planned Development is to “freeze” the existing use and structures in place until a future affordable housing plan is created, approved and ready for development. The storage use is typically an accessory use in this zone district, but it is the primary use in this instance. (a) The existing use is to continue an existing use which is consistent with the mix of storage, light industrial, housing, and commercial uses in the area. (b) No new development or variation is proposed. (c) No new development or variation is proposed. (d) The existing use is compatible with the planning for the AABC area, which includes residential, commercial, light industry and storage uses. Compliance with Sec. 26.445.080 Application Contents Response: The contents are largely not applicable since the proposal is to limit an existing use and series of buildings and spaces to their existing conditions. (a)(1) See above. (2) A survey is Attachment E. (3) The purpose of the Planned Development is to limit and allow the uses and buildings to the existing conditions. In the future, an affordable housing plan will be submitted for review on this and adjacent parcels. (4) No change is proposed in the architectural character of the site or the landscaping. (5) Utilities are currently in place and in service. (6) The dimensional requirements are based on the existing conditions as documented in Attachment E, Survey/PD Plan. (7)The site is already developed, thus no additional soils, hazard, or utility studies are warranted. Future housing plans will perform such analysis, as required. Exhibit B | Application 81 Aspen Mini Storage Annexation, Initial Zoning, PD 19 (8) The site is already developed and the public infrastructure is in place, no changes are proposed. (9) See above. (10) The application includes annexation and initial zoning for the property along with a Planned Development designation to limit uses and buildings to existing conditions. (b)(1) See above. (2) See Attachment E. (3) The site is developed and no changes are proposed. (4) No new development is proposed. (5) No new development is proposed no new grading or stormwater features are proposed. (6) No new development is proposed. Attachment E includes transportation and pedestrian improvements that exist. (7) Not applicable. (8) Not applicable. (9) No new improvements are proposed, normal maintenance activities will continue at the expense of the property owner. (10) Not applicable. (11) See above. (12) The application includes annexation and initial zoning for the property along with a Planned Development designation to limit uses and buildings to existing conditions. Compliance with Sec. 26.575.020 Supplemental Regulations- Calculations and Measurements Response: The dimensional allowances and limitations for Lot 3 of the Communications Center Subdivision shall be the existing conditions as outlined in the Improvement Survey attached as Attachment E. The dimensions of the survey shall be used to create the boundary of the initial zoning map amendment. Compliance with Sec. 26.710.160 Service/Commercial/Industrial Zone Response: (a) The existing uses include storage, commercial parking, an on-site manager housing unit, and an office. These uses are suited to the location and target service local residents and businesses. (b)(c) The existing uses would be limited or conditioned through the SCI zoning, the Planned Development overlay limits the uses and structures to the existing conditions described in Attachment E. The PD designation would allow continued use until a future housing planning is designed, approved, and ready for construction. The continued uses include 244 storage spaces in seven storage buildings (two with basement storage), an office, an on-site manager residence, and 27 commercial parking spaces. (d) The dimensional requirements are based on the existing conditions as depicted in Attachment E. No new development is proposed. (e) Not applicable. (f) Not Applicable. (g) Not applicable. HOA Compliance Form Response: Not applicable, the property is not a member of a Homeowners Association. Exhibit B | Application 82 Aspen Mini Storage Annexation, Initial Zoning, PD 20 Dimensional Requirements Form Response: The property is restricted to the dimensional requirements of the existing conditions, as depicted on Attachment E. Exhibit B | Application 83 Aspen Mini Storage Annexation, Initial Zoning, PD 21 Schedule of Attachments A- Deed and Legal Description B- Title Commitment- Proof of Ownership C- Annexation Plat D- Vicinity Map E- Survey/PD Plan F- Fee Agreement G- Land Use Application Form H- Pre-Application Conference Notes I- Adjacent County Zoning J- Adjacent City Zoning K- Existing Landscaping L- HOA Compliance Form Exhibit B | Application 84 PRE-APPLICATION CONFERENCE SUMMARY DATE: 10/19/21 PLANNER: Ben Anderson, Planner, City of Aspen, 429-2765 PROJECT NAME AND ADDRESS: 105 AABC (Pitkin County), Mini-Storage associated with the Lumberyard Project PARCEL ID# 273503102003 REPRESENTATIVE: Bob Schultz, Representative for City Asset Department, 963-3670 DESCRIPTION: In 2020, The City of Aspen purchased a nearly 3-acre parcel in the AABC (Aspen Airport Business Center). This recently acquired property, which is located in unincorporated Pitkin County, but within the Urban Growth Boundary is anticipated to be combined with other adjacent properties (including the “Lumberyard” property) in the creation of an affordable housing development. The property currently contains a mini-storage facility and related uses and structures. Prior to the future Land Use actions that would grant the full entitlements to the eventual project, an application related to this PreApp is be limited to pursue: 1) annexation of the property into the City of Aspen, and 2) establish a “holding” zone that would memorialize the existing development and use of the property until the final plan for the site is developed and implemented. It is proposed that the annexation and initial zoning of the property would be carried out through two ordinances. The annexation process, which is outlined in a step-by-step description in the City of Aspen’s Annexation Plan, would be handled in the first Ordinance. The second Ordinance would establish the initial zoning on the property – which is proposed as SCI (Service/Commercial/Industrial) with a Planned Development Overlay would recognize the current conditions of the property, memorialize the existing development and use of the property, and limit the use until the eventual affordable housing project is initiated. This second Ordinance would require a recommendation from COA’s Planning and Zoning Commission prior to Council review. The Planned Development, as it will be defined and limited by the existing conditions will be very limited in scope and shall be considered in single review by City Council (separate reviews for project and detailed review are not necessary). It is anticipated that both Ordinances will be considered concurrently. Additional Items to consider: 1) This action – the process and steps, is recommended to be modeled after the 2011 action which annexed and rezoned the adjacent Lumberyard process 2) The annexation shall be consistent with requirements as specified by the Colorado Revised Statutes 3) Because of the relatively small size of the proposed annexation (< 10 acres), this annexation does not require the filing of an annexation report with the Pitkin County Board of County Commissioners (BOCC). However, staff strongly encourages the applicant to reach out to Pitkin County for a letter or other statement of support for the annexation and zoning actions. Public Noticing will be required for several public hearings related to the proposed land use actions. Staff requires that Enhanced Public Information is provided per 26.304.035 and strongly recommends that an Information Exhibit B | Application 85 Meeting (in person, virtual, etc.) of some form be held to inform neighbors of the relationship of these land use actions to the anticipated future project. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.310 Amendments to the Text and Zone District Map 26.445 Planned Development 26.575.020 Calculations and Measurements 26.710.160 SCI Zone District CRS 31-12-102…sequence – State Statutes Related to Annexation See Attachment – City of Aspen’s Annexation Plan For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Community Development staff for complete application Planning and Zoning Commission for Recommendation City Council for Ordinances: Annexation and Planned Development/Rezoning PUBLIC HEARING: Yes; P&Z and City Council PLANNING FEES: $7,800 deposit for 24 hours of staff time (Additional/fewer hours billed/refunded at $325 per hour) REFERRAL FEES: City Engineering Department - $325; 1 hour deposit – additional hours will be billed as necessary. TOTAL DEPOSIT: $8,125 APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: ben.anderson@cityofaspen.com  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. The purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use Case.  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. This should include responses to Statutory and Local Annexation Criteria – as identified in COA’s Annexation Plan  An annexation plat/map  Draft of annexation petition Exhibit B | Application 86  A site improvement survey (no older than a year from submittal) including topography, existing structures, and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. The survey and related information should document the existing structures (floor plans, floor area and other dimensions) and uses on the property. While an annexation report is not required, due to the size of the parcel, the survey could be a mechanism to provide information that would typically be in the annexation report, as applicable.  HOA Compliance form (Attached to Application) Once the copy is deemed complete by staff, the following items will then need to be submitted:  Total fee for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Exhibit B | Application 87 Exhibit B | Application 88 GMETAL LEAN-TO LUMBERSTORAGE BUILDING322.3'S320.7'24.2'EDGE OF PAVEMENTEEDYHINLET7775.23INLET7775.39GRAVEL PARKING - STORAGE AREAROCK WALL 180.7'180.7'20.4' 20.4'INLET7771.24INLET7772.75INLET7771.14METAL STORAGE BUILDINGMETAL STORAGE BUIL D I N G METAL STORAGE BUILDING25.0'30.0'30.0'20.0'INLET7771.2225.0'30.0'30.0'20.0'15.5'(TIE)BUILDING20.0'5.0'25.0'60.6' 97.8' 35.0' 105.7' 105.7' 105.7' 105.7' 105.7' 105.7' 135.7' 135.7'185.7'185.7'20.0' 20.0' EDGE OF PAVEMENT METAL STORAGE BUIL D I N G METAL STORAGE BUILD I N G METAL STORAGE BUILD I N G METAL STORAGE BUILD I N G 105 WOODWARD LANE 2.0' WITNESS CORNERSET #5 REBAR & 1-1/4"BLUE PLASTIC CAP WCTNC PLS38215FOUND #5 REBAR &1-1/4" YELLOW PLASTICCAP LS16129ROCK RETAININGSITE BENCH MARKFOUND #5 REBAR & 1-1/4" YELLOWPLASTIC CAP HCE LS19598ELEVATION: 7775.13FOUND #4REBAR &1" REDPLASTIC CAP ILLEGIBLEFOUND #5REBAR & 1-1/2"ALUMINUMCAP LS31551FOUND #5REBAR & 1-1/4"YELLOW PLASTICCAP LS23875PAVED ROADWAY PAVED DRIVE PAVED DRIVE2'± ELEVATION DROPBETWEEN CONCRETE &PAVEMENTALONG THIS LINE4' WIDE CONCRETE DRAINAGE PAN 9.7' WITNESS CORNERFOUND #5 REBAR & 2"ALUMINUM CAP LS238759.7'(TIE)CONCRETE RETAINING WALLLOT 2COMMUNICATIONS CENTERSUBDIVISIONLOT 1COMMUNICATIONS CENTERSUBDIVISIONLOT 3QWEST/CITY OF ASPENSUBDIVISION EXEMPTIONLOT LINE ADJUSTMENTPAVED PATH AMERICANROADWOODWARD LANECOLORADOSTATEHIGHWAYNO. 82NORTH BOUND LANE - PAVED ROADWAY GREENBELT AREAPLAT BOOK 7PAGE 7920' UTILITY EASEMENTPLAT BOOK 21 PAGE 3420' UTILITY EASEMENTPLAT BOOK 21 PAGE 34 30' ROAD EASEMENTPLAT BOOK 21 PAGE 3415' ACCESS EASEMENTPLAT BOOK 21 PAGE 34LOT 3COMMUNICATIONS CENTERSUBDIVISION2.977± ACRES77797 7 7 8 77727773777577807785779077807785778577857783 7780778077807778 77777780 77757777777577757774 PAVED ROADWAYN84°34'00"E 201.89'PLAT=201.92'R=2160.00'L=182.99'CB=S10°29'43"WCH=182.93'PLAT=S10°32'21"W 182.94'PLAT=N84°34'00"E 229.50'N84°37'50"E 229.84'S06°41'33"E 216.3 5 ' PLAT=S06°38'00"E 2 1 6 . 1 7 'S84°37'22"W 435.05'PLAT=S84°34'00"WR=1960.00'L=399.42'CB=N07°57'33"WCH=398.73'PLAT=N07°54'08"W 398.70'PLAT=L=399.39'COVENANTNO BUILDINGS ORIMPROVEMENTSPLAT BOOK 17 PAGE 52BASIS OF BEARINGS20' HOLY CROSS OVERHEADELECTRIC EASEMENTBOOK 419 PAGE 807BOOK 582 PAGE 22710' HOLY CROSSUNDERGROUNDELECTRIC EASEMENTBOOK 661 PAGE 82210' U.S. WESTCOMMUNICATIONSTELEPHONE EASEMENTRECEPTION NO. 40134010' ELECTRIC EASEMENTPLAT BOOK 21 PAGE 34BOOK 291 PAGE 64715' CABLE T.V. EASEMENTPLAT BOOK 21 PAGE 34AND15' WIDE BICYCLE TRAILEASEMENTBOOK 345 PAGE 97510' UTILITY EASEMENTPLAT BOOK 21 PAGE 34BOOK 291 PAGE 647PERMANENT EASEMENT FORCONSTRUCTION, MAINTENANCEOF ROADWAY, UTILITIES,DRAINAGE & BIKE PATHTO CDOTRECEPTION 446652(VARIABLE WIDTH)NOTES:5. THIS SITE PLAN DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO, LLC FOR ALL INFORMATION REGARDINGEASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLE COMMITMENT CASENO. PCT25456W ISSUED BY PITKIN COUNTY TITLE INC, EFFECTIVE DATE: SEPTEMBER 26, 20196. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) STATION S 159 HAVING AN ELEVATION OF 7720.88.7. CONTOUR INTERVAL EQUALS 1 FOOT.8. UNDERGROUND UTILITIES SHOWN HEREON WERE LOCATED BY ROARING FORK UTILITY LOCATORS LLC. SANITARYSEWER LINES WERE PROVIDED BY ASPEN CONSOLIDATED SANITATION DISTRICT. UTILITIES SHOWN HEREON AREFOR PLANNING PURPOSES ONLY. PLEASE CALL 811 PRIOR TO ANY DIGGING OR EARTHWORK CONSTRUCTIONFOR UTILITY VERIFICATION.LOT 3 COMMUNICATIONS CENTER SUBDIVISION SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PMCOUNTY OF PITKIN, STATE OF COLORADOPD SITE PLANCATV PEDESTALDPOWER POLEGUY ANCHORSIGNSTORM DRAIN MANHOLEELECTRIC MANHOLEEWATER METERIRRIGATION VALVE BOXWIVBDRAINAGE INLETWATER LINESEWER LINETELEPHONE LINEFIBER OPTIC LINEGAS LINEOVERHEAD ELECTRIC LINE CATV LINEELECTRIC LINE TELEPHONE PEDESTALDYHSFIRE HYDRANTSANITARY MANHOLEELECTRICAL TRANSFORMERGAS METERELECTRICAL METERGLEGENDE30'15'60'SCALE: 1" = 30'N0CLEAN-OUTWATER VALVE BOXCDOT COMMUNICATION VAULTBOLLARDCHAIN-LINK FENCEWOOD FENCEA LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comDRAWNLDVSURVEYEDDJBSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANYNOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.VICINITY MAPSITESURVEYOR'S STATEMENTI, RODNEY P. KISER, DO HEREBY STATE THAT THIS SITE PLAN IS BASED ON A FIELD SURVEY IN SEPTEMBER OF 2020AND WAS PREPARED BY ME AND UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND THAT IT IS TRUE ANDCORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE.PROJECT NO: 2021-372DATE:October 22, 2021PROPERTY DESCRIPTION:Exhibit B | Application89 Page 1 of 3 Ordinance XX, Series of 2022 Aspen Mini-Storage Annexation ORDINANCE NO. XX SERIES OF 2022 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF ASPEN, COLORADO APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, COMMONLY KNOWN AS THE ASPEN MINI-STORAGE PROPERTY, 105 AABC, ASPEN, COLORADO, 81611 AND LEGALLY DESCRIBED AS: LOT 3, COMMUNICATIONS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 3, 1988, IN PLAT BOOK 21 AT PAGE 34. PARCEL ID: 273503102003 WHEREAS, on November 23, 2022 the City Manager on behalf of the City of Aspen, the owner of the property proposed to be annexed, did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in §31-12-107, C.R.S.; and WHEREAS, the City Council, by resolution (Number 14, Series of 2022) at its regular meeting on January 25, 2022 did find and determine said Petition for Annexation to be in substantial compliance with the provisions of §31-12-107, C.R.S.; and WHEREAS, the City Council, by resolution (Number XX, Series of 2022) at its regular meeting on March 8, 2022, did find and determine, following a public hearing, said Petition for Annexation to be in substantial compliance with§§ 31-12-104 and 31-12-105, C.R.S.; and WHEREAS, the Planning and Zoning Commission reviewed and considered the proposed annexation under the applicable review criteria of the City of Aspen’s adopted Annexation Plan, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, during a duly noticed public hearing on March 1, 2022, the Planning and Zoning Commission approved Resolution No. XX, Series of 2022, by a X to X vote, recommending approval of the annexation; and, WHEREAS, the City Council has reviewed to proposed annexation through the City of Aspen’s Adopted Annexation Plan and the related review criteria, and have considered recommendations from the Planning and Zoning Commission and the Community Development Director; and WHEREAS, the City Council does hereby find and determine that approval of the annexation of said territory to be in the City's best interest; 90 Page 2 of 3 Ordinance XX, Series of 2022 Aspen Mini-Storage Annexation NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Annexation, commonly referred to as the "Aspen Mini-Storage” property, and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: a. to file one copy of the annexation map with the original of the annexation ordinance in the office of the City Clerk of the City of Aspen. b. To certify and file two copies of the annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. c. To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. Section 4. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on 12th day April, 2022, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law BY THE City Council of the City of Aspen on the 22nd day of March, 2022. _________________________________ Torre, Mayor 91 Page 3 of 3 Ordinance XX, Series of 2022 Aspen Mini-Storage Annexation ATTEST: __________________________________ Nicole Henning, City Clerk FINALLY ADOPTED, PASSED AND APPROVED this 12th day of April, 2022. ___________________________________ Torre, Mayor APPROVED TO FORM: ___________________________________ James R. True, City Attorney ATTEST: __________________________________ Nicole Henning, City Clerk EXHIBIT A – Annexation Map 92 Page 1 of 3 Ordinance XX, Series of 2022 Aspen Mini-Storage Zoning ORDINANCE NO. XX SERIES OF 2022 AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL ESTABLISHING THE INITIAL ZONING TO AN ANNEXED PROPERTY TO THE SERVICE COMMERCIAL INDUSTRIAL ZONE DISTRICT AND APPROVING A FINAL PLANNED DEVELOPMENT PLAN FOR THE PROPERTY COMMONLY KNOWN AS THE ASPEN MINI-STORAGE PROPERTY, 105 WOODWARD LANE, ASPEN, COLORADO, 81611 AND LEGALLY DESCRIBED AS: LOT 3, COMMUNICATIONS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 3, 1988, IN PLAT BOOK 21 AT PAGE 34. PARCEL ID: 273503102003 WHEREAS, the Community Development Department received an application from the City of Aspen, represented by City Manager Steve Barwick, requesting approval of an Amendment to the Zone District Map and a final Planned Unit Development (PUD), for the property at 38005 State Highway 82, commonly known as the BMC West property, and legally described as Lots 1 and 2, Block 1, Aspen Airport Business Center, Pitkin County, Colorado; and, WHEREAS, the property is located at 105 Woodward Lane in the Aspen Airport Business Center, and is zoned B2 (General Business) in Pitkin County; and, WHEREAS, the Applicant requested and received annexation into the City of Aspen and the City has a requirement to designate zoning for the property; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department found that the application meets or exceeds applicable standards of review and recommended the property be zoned into the Service Commercial Industrial Zone District with a Planned Unit Development overlay (SCI-PUD); and, WHEREAS, the Planning and Zoning Commission reviewed and considered the proposal under the applicable provisions of the Municipal Code, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, during a duly noticed public hearing on March 1, 2022, the Planning and Zoning Commission approved Resolution No. XX, Series of 2022, by a X to X vote, recommending approval of an Amendment to the Zone District Map, initially zoning the property as Service Commercial Industrial with Planned Development overlay (SCI-PD), and recommending the Aspen City Council approve a Final PD plan reflecting existing dimensions; and, 93 Page 2 of 3 Ordinance XX, Series of 2022 Aspen Mini-Storage Zoning WHEREAS, The Aspen City Council reviewed and considered the proposal under the applicable provisions of the Municipal Code, has reviewed and considered the recommendations of the Community Development Director and the Planning and Zoning Commission, and has taken and considered public comment; and, WHEREAS, during a duly noticed public hearing on April 12, 2022, the Aspen City Council approved an Amendment to the Zone District Map, initially zoning the property as Service Commercial Industrial with Planned Unit development overlay (SCI-PD), and approved a Final PD plan reflecting existing dimensions; and, WHEREAS, the City Council finds that the proposal meets or exceeds all applicable standards and that assigning the subject property to the SCI-PD Zone District is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Initial Zoning to SCI-PD Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.310, Amendments to the Land Use Code and Official Zone District Map, The Official Zone District Map of the City of Aspen shall be amended by the Community Development Director to reflect Lot 3, Communications Subdivision, also known as the Aspen Mini-Storage, of as included in the Service Commercial Industrial Zone District with a Planned Development overlay (SCI-PD). The Community Development Director shall use the survey descriptions contained in the PD Site Plan of October 22, 2021, attached as Exhibit A, as the basis for determining the zoning boundaries. Section 2: Approved PD Dimensions and Uses The dimensional allowances and limitations for Lot 3, Communications Subdivision, also known as the Aspen Mini-Storage, shall be the existing conditions as outlined in the PD Site Plan of October 22, 2021, attached as Exhibit A. The use of the property as a mini-storage facility that contains a caretaker dwelling unit is approved by this PD. Section 3. This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. 94 Page 3 of 3 Ordinance XX, Series of 2022 Aspen Mini-Storage Zoning Section 5. The City Clerk 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 6. A public hearing on the Ordinance was held on the 12th day of April 2022, 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 was published in a newspaper of general circulation within the City of Aspen. Section 7. This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 22nd day of March, 2022. _________________________________ Torre, Mayor ATTEST: __________________________________ Nicole Henning, City Clerk FINALLY ADOPTED, PASSED AND APPROVED this 12th day of April, 2022. ___________________________________ Torre, Mayor APPROVED TO FORM: ___________________________________ James R. True, City Attorney ATTEST: __________________________________ Nicole Henning, City Clerk EXHIBIT A : PD Site Plan 95 96 97 427 Rio Grande Place, Aspen, CO 81611 p: (970) 920.5090; website: aspen.gov 1 NOTICE OF PUBLIC HEARING RE: Annexation and Rezoning – Aspen Mini-Storage Property Public Hearing: Tuesday March 1, 2022; 4:30PM Meeting Location: Virtual Meeting via WebEx planned. In the alternative, the meeting will be held at City Hall, City Council Chambers, 427 Rio Grande Place, Aspen, CO 81611. Please visit https://cityofaspen.com/1225/Current-City-Webcast- Meetings-Agendas for final determination of meeting format and instructions for participation on February 25, 2022. Project Location: Aspen Mini-Storage Property, 105 AABC, Aspen CO, 81611 Legal Description: Lot 3 of the Communications Center Subdivision, according to the Plat thereof recorded in Plat Book 21 at Page 34. Parcel ID# 273503102003 Description: Aspen’s Planning and Zoning Commission will consider a recommendation related to the Annexation and Zoning of the Aspen Mini-Storage property. The property is owned by the City of Aspen and is intended for the eventual inclusion in the Lumberyard affordable housing project. Land Use Reviews: The recommendation will provide direction from the Planning and Zoning Commission to Aspen City Council as they consider approval of the Annexation and Zoning of the property. Decision Making Body: City of Aspen Planning and Zoning Commission Applicant: City of Aspen, 427 Rio Grande Place, Aspen, CO 81611 More Information: For further information related to the project, contact Ben Anderson at the City of Aspen Community Development Department, 427 Rio Grande Place, Aspen, CO, 81611. 970.429.2765, ben.anderson@aspen.gov. 98 Frequently Asked Questions Aspen Mini-Storage Annexation Where is Aspen Mini-Storage? The property is between the Aspen Lumberyard (ProBuild Aspen) and the Aspen Airport Business Center along Highway 82. The property is adjacent to but is currently outside of City limits. The property is almost 3 acres and houses storage units and commercial parking spaces. A new storage facility was recently constructed adjacent (east) to the property which is not part of this proposal. Who owns the property? The City of Aspen purchased the property and is currently operating the mini-storage facility. The City acquired the site along with other adjacent property for a future affordable housing project. Why is the City annexing the property?t The City is assembling land to plan the affordable housing project. The other properties planned for housing- the lumberyard and a triangle of land at the base of Deer Hill just upvalley of the lumberyard- are already annexed into the City. Will land use change because of the annexation? The City is proposing to annex the land and zone it to allow the existing mini-storage use to continue, no land use change is proposed. This is the same process the City used when it acquired the lumberyard property. When planning for the housing is complete, then a land use application will be submitted and go through the public review process. How can I learn more? Updates about the annexation, an upcoming subdivision of the triangle parcel and ongoing planning efforts for future housing can be found at: https://www.aspencommunityvoice.com/lumberyard When will there be meetings about this? The proposed annexation will be considered by the Aspen Planning and Zoning Commission on March 1. Aspen City Council will hold a statutory hearing on March 8, and a First Reading of the proposed annexation on March 22. Please see https://cityofaspen.com/1225/Current-City-Webcast-Meetings-Agendas for meeting materials a few days before Council meetings or for a link to view the meeting live or afterwards. A hearing for the Second Reading is scheduled for April 12. Mini-Storage Parcel To downtown Aspen Pitkin County Airport AABC Starwood 99 SAMS CAROL A GRAND JUNCTION, CO 815068636 2662A SUMMER CREST CT KOPS JILLIAN ASPEN, CO 81612 PO BOX 1827 ANTOS JAKUB ROBERT ASPEN, CO 81611 473 PAEPCKE DR #202 PITKIN PARK PLACE PHASE II ASPEN, CO 81611 COMMON AREA PACIFIC AVE FRAZIER DEAN ASPEN, CO 81611 360 PAEPCKE DR #103 RAMEY JAMIE ASPEN, CO 81611 99 MINING STOCK PARKWAY #101 VENRICK KEITH MARTIN ASPEN, CO 81611 417D AABC LANDIS WILLIAM C & MINDY A ASPEN, CO 81611 45 NARROW WAY MCBRIDE KATHERINE HAWLEY ASPEN, CO 81611 303 AABC #E JOHNSON ROBERT J & MARIA C ASPEN, CO 816116112 67 MOLLY CT #101 WESSLER MICHAEL L ASPEN, CO 81611 34 TUMBLEDOWN LN MALDAIKYTE LINA ASPEN, CO 81611 440 PAEPCKE DR #201 NERBONNE ARTHUR R ASPEN, CO 81611 620 PASS GO LN LIRIANO ALBERTO JOSE VILLA ASPEN, CO 816116135 275 PAEPCKE DR # 202 HANSON NATHAN O ASPEN, CO 81612 PO BOX 826 CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST KISTNER ELIZABETH M & JOSEPH A ASPEN, CO 81611 0019 LINDVIG 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425 PAEPCKE DR #204 FOSTER MELISSA C ASPEN, CO 81612 PO BOX 11514 MCDADE JEFFREY T & MARGARITA C ASPEN, CO 81611 163 FORGE RD #101 PACIFIC AVENUE ASSOCIATES LLLP ASPEN, CO 81611 531 W GILLESPIE OSTRANDER KENNETH F ASPEN, CO 81611 90 RIVERDOWN DR ASPEN GROCERY LLC SANTA BARBARA, CA 93150-5085 PO BOX 5085 CARPENTER CURT L & CORNELIA D ASPEN, CO 816113516 319 AABC #EF 119 KRISHNAMURTI MADHU B ASPEN, CO 81611 418 - H AABC EKLUND SCOTT & JODIE ASPEN, CO 816111014 410 PAEPCKE DR #201 PITKIN COUNTY ASPEN, CO 81611 530 E MAIN ST #301 SMITH ALEX CHRISTOPHER ASPEN, CO 81611 360 PAEPCKE DR #104 YAEGER JENNIFER & BENJAMIN ASPEN, CO 81612 PO BOX 909 COOMBE DOUGLAS A & DEBORAH A ASPEN, CO 81611-1006 106 TOTTERDOWN RD BURLINGAME HOUSING INC BASALT, CO 81621 PO BOX 2685 ANDERSON STEPHEN & COLLEEN ASPEN, CO 81611-1282 188 RIVERDOWN DR BRONSTEIN DYAN R & DANIEL E ASPEN, CO 81611 442 PAEPCKE DR #204 120 Neighbor Outreach • Email invitations were sent to residents who previously expressed interesting in the lumberyard project for the December 15, 2021 Open Houses at the Limelight Lodge in Aspen • The display table include information on the upcoming annexation of the Aspen Mini Storage parcel and the subdivision of the Burlingame “triangle” • Individual outreach has been provided to interested stakeholders such as John McBride (AABC), Dylan Johns (Mountain Rescue), and Pitkin County Community Development staff • A Frequently Asked Question document was created and distributed with the public notice, attached • Hearings are listed on the City of Aspen’s project website: https://www.aspencommunityvoice.com/lumberyard 121 122 123 124 125 Aspen Mini - Storage _ Ben Anderson - Page 1 of 1 Ad #: vfrMIIz8KAkof3OrNyRT Customer: Lilly Culver Aspen Mini - Storage _ Ben Anderson PROOF OF PUBLICATION ASPEN TIMES STATE OF COLORADO } SS COUNTY OF PITKIN } I, Allison Pattillo, do solemnly swear that I am Publisher of , says: The Aspen Times, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 10 Feb 2022 in the issue of said newspaper. Total cost for publication: $23.32 That said newspaper was regularly issued and circulated on those dates. ______________________________ Publisher 02/10/2022Subscribed to and sworn to me this date, ________ ______________________________ Notary Public, Pitkin County, Colorado My commission expires: August 19, 2024 126