HomeMy WebLinkAboutagenda.apz.20220920AGENDA
ASPEN PLANNING & ZONING
COMMISSION
September 20, 2022
4:30 PM, WebEx Virtual Meeting
(See agenda packet for
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II.ROLL CALL
III.COMMENTS
IV.MINUTES
IV.A Draft Minutes for May 17, 2022
V.DECLARATION OF CONFLICT OF INTEREST
VI.PUBLIC HEARINGS
VI.A Burlingame Triangle Parcel | Major Subdivision
minutes.apz.20220517.docx
Memo to P&Z_Triangle Parcel _.pdf
Resolution No. XX_Series of 2022_Burlingame_Triangle Parcel_Major
Subdivision.pdf
Exhibit A_General Subdivision Review Standards.pdf
Exhibit B_Major Subdivision Review Standards.pdf
Exhibit C_AVLT Letter and Entitlement Docs.pdf
Exhibit D_Application.pdf
1
VII.OTHER BUSINESS
VII.ALumberyard Affordable Housing Project Update
VIII.ADJOURN
P&Z Lumberyard Update Sept 20 2022.pdf
NEXT RESOLUTION NUMBER: #13, SERIES 2022
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 May 17, 2022
Page 1 of 7
Chairperson McGovern called the regular Planning and Zoning (P&Z) meeting for May 17
th, 2022 to order
at 4:30 PM.
Commissioners in attendance: Brittanie Rockhill, Christine Benedetti, Sam Rose, Spencer McKnight, and
Teraissa McGovern.
New member Mr. Jason Suazo joined the meeting as of 6:41 pm. He did not participate in the hearing or
discussion.
Staff in Attendance:
Phillip Supino, Community Development Director
Haley Hart, Long Range Planner
Kevin Rayes, Planner
Kate Johnson, Assistant City Attorney
Cindy Klob, Records Manager
COMMISSIONER COMMENTS
Ms. McGovern wanted to welcome the new members but will wait until the next meeting.
STAFF COMMENTS
Mr. Supino introduced himself and said he was sitting in for Ms. Simon.
PUBLIC COMMENTS
None
APPROVAL OF MINUTES
Mr. McKnight motioned to approve the minutes for April 5, 2022. Mr. Rose seconded the motion. Ms.
McGovern requested a roll call: Ms. Rockhill, yes; Ms. Benedetti, yes; Mr. Rose, yes; Mr. McKnight, yes;
and Ms. McGovern, yes; for a total of five (5) in favor – zero (0) not in favor. The motion passed.
DECLARATION OF CONFLICT OF INTEREST
Ms. Benedetti stated she was a member of ACES. Ms. Johnson asked if she was on the board or just a
regular member. Ms. Benedetti replied she is a general member. Ms. Johnson then asked her if she was
associated with ACES in any way that she may benefit financially, and Ms. Benedetti’s response was no.
Ms. Johnson then asked the other commission if they were members. Ms. McGovern stated she is a
member and does not benefit financially from her membership.
Ms. Johnson did not see being a member a conflict for this hearing.
PUBLIC HEARINGS
Aspen Center for Environmental Studies (ACES): Minor Amendment to a Planned
Development – Detailed Review and Final Commercial Design Review to make site
improvement for vehicular and pedestrian access and to expand the Visitor Center and Bird
of Prey Buildings
Ms. McGovern asked if notice had been provided. Ms. Johnson responded legal notice had been
sufficiently provided within the code requirements for both items on the agenda.
3
Minutes Aspen Planning and Zoning Commission May 17, 2022
Page 2 of 7
Ms. Johnson noted she will need to step away from the meeting at 5:30. She described the options for
the board should a legal issue arise.
Ms. McGovern then opened the hearing and turned to floor over to staff.
Mr. Kevin Rayes provided an overview of the application. He stated this is the second step of a two-step
application. The applicant wants to reroute the road to the entrance to create a turnaround space and
expand Bird of Prey building and the Visitor Center. The conceptual design was reviewed and approved
by P&Z in 2021.
Ms. McGovern then turned the floor over to the applicant.
Mr. Ryan Walterscheid, Forum Phi, introduced himself along with Chris Lane, CEO of ACES, and Jim
Kravitz, Naturalist Programs Director of ACES. He also introduced Lori Gerety and Libby Hartmann of
Forum Phi who are on the applicant’s team.
Mr. Walterscheid displayed an aerial view of Aspen and pointed out the location of the ACES property.
He then displayed a site plan and described the location of the entrance.
He then displayed a tree restoration plan and stated there will be a considerable amount of tree
restoration in relation to the project. He stated Mr. Kravitz has been working with the City’s Parks
Department. He pointed out an area highlighted in red and stated this is the area near the entrance on
Puppy St. that will be most impacted. He displayed a picture of the entrance as it exists currently. He
stated there is some overlap with a City Project on the Jennie Adair Wetlands which was constructed by
the City but resides on ACES property. He displayed a site plan of the existing entrance and pointed out
the location of the entrance and the wetlands. He stated the applicant proposes to provide a
turnaround and impacting the area just to the north of the city right-of-way (ROW). He then displayed a
site plan of the proposed entrance with the turnaround which was designed to accommodate the
turning radius of a school bus with the smallest impact possible. He stated the center of the turnaround
will maintain a transformer, other utilities, and a large cottonwood tree. He then pointed out where the
largest portion of the tree mitigation will occur. Some trees will be removed due to their health and
others will be removed because they will be impacted by the turnaround. Next, he displayed a diagram
showing the turning radius for a school bus in the turnaround as requested by P&Z during the
conceptual review. Several options were discussed with the engineering department and this plan was
the one staff felt impacted the area the least. He then pointed out the new sidewalk and stated an
easement will be platted and recorded.
Mr. Walterscheid then displayed a picture of the existing visitor’s center. He said the office spaces near
the presentation hall will be expanded. He pointed out the location of the space and noted the
accessibility to the space will be enhanced. He said the materials will match what currently exists on the
structure. He displayed a rendering of the new proposed addition. He also stated the application
includes a renovation of the deck area off the back of the building. He displayed a picture of the existing
back of the building and a rendering of the renovated deck which will include accessibility
improvements.
Mr. Walterscheid next displayed a picture of the existing Bird of Prey building and a rendering of the
proposed dormers on the building. He added the dormers would maintain the metal roof as well as the
horizontal siding.
Ms. McGovern asked if anyone had questions of the applicant.
Ms. McGovern asked if the existing parking would remain with the new design of the entrance.
4
Minutes Aspen Planning and Zoning Commission May 17, 2022
Page 3 of 7
Mr. Walterscheid stated the design focused on the turnaround space. He stated there is still room for
parallel parking on Puppy Smith St and overflow parking exists further down the road.
Mr. Kravitz stated they know when the buses are arriving so they can utilize the space as needed.
Ms. McGovern then turned it over to staff.
Mr. Kevin Rayes then provided a definition of the reviews for this hearing.
He stated the minor amendment to a planned development for detail review and final commercial
design review. The conceptual plan development, growth management review, stream margin review,
and conceptual commercial design review were approved last year.
Mr. Rayes displayed a map showing the location of the property and then described the property. He
then displayed a site plan of the existing site and pointed out the locations to be modified by the
application.
Mr. Rayes then displayed a photo of the existing entrance. He stated it is quite confusing entrance and
can be dangerous when it becomes congested with vehicles. He displayed a site plan showing both the
existing entrance and the proposed entrance with the new roundabout. He then reviewed the recent
history in the design options for the roundabout and the final design. He pointed out the location of a
new sidewalk.
He also noted the proximity of the new roundabout and that it will not be located in the wetlands. The
city has stormwater infrastructure in the wetlands. Mr. Rayes stated staff has included a condition to the
approval in the resolution which requires a public access easement to be recorded. A deadline has also
been identified to be completed by September 1, 2022.
Mr. Rayes next discussed the expansion to the other buildings. He explained the enhancements and
expansions to the Birds of Prey and Visitor Center buildings. He displayed pictures of the existing
conditions.
Mr. Rayes then discusses the review criteria as included in the agenda packet. He discussed the planned
development of the Detailed Review regarding the pedestrian, bicycle, and transit facilities. He stated
staff has found this criteria have been met. It will be an improvement to the existing conditions by
clarifying the space to be used by pedestrians and vehicles to avoid conflicts.
He next discussed the criteria related to the Final Commercial Design Review. He noted the bulk of the
materials had been reviewed during the Conceptual Commercial Design Review. The applicant indicated
they will be using materials and patterns on the building enhancements and expansions similar to what
is on the existing structures.
He then discussed the landscape and lighting plans and stated the application meets the requirements.
He noted the applicant will exceed the mitigation requirement for the tree removal and have a very
robust plan.
He closed stating staff recommends approval of the Planned Development – Detailed Review and the
Final Commercial Design Review subject to the conditions in the resolution.
Ms. McGovern then asked if there any questions for staff.
There were none so she then opened for public comment.
There was no comment from the public, so she closed that portion of the hearing.
5
Minutes Aspen Planning and Zoning Commission May 17, 2022
Page 4 of 7
She then opened for commissioner deliberation.
Ms. Benedetti stated she was not involved with the conceptual review of the application, but she feels
everything looks good to her. She feels it’s a well thought out application.
Ms. Rockhill agreed with Ms. Benedetti.
Mr. Rose is set to approve the application with staff’s conditions.
Mr. McKnight agreed with the others. He thinks it’s in line with the conceptual review.
Ms. McGovern feels based on the staff presentation; the review criteria has been met for the reviews.
She only remembered the tree mitigation being of some concern in the conceptual review and the
applicant is now proposing to exceed the mitigation requirements, so she thinks it is fine.
Mr. Walterscheid asked Mr. Rayes about the condition regarding the easement to be completed by a
specific date. He does not recall a specific date. They have been working with Ms. April Long of the City
and will work with the city to complete the easement by the date specified. He asked what the
repercussions if the easement is not completed by then and feels it is more on the city to complete it
instead of the client.
Mr. Rayes responded Council decided this date was reasonable and he feels there is room to work on
good faith to meet the date without going back to City Council to ask for another date. He would want
to confirm this with the City Attorney.
Mr. Supino stated as long as there is progress being made, there should not be any issue.
Mr. Walterscheid stated they have been working with Ms. Long and ACES wants to move forward with
the project.
Mr. Supino stated his department will help coordinate the activities to ensure everything is completed
on time.
Mr. Lane asked if the language could be changed in the resolution to memorialize what staff has said
regarding working in good faith.
Mr. Rayes stated they can’t modify the language in the resolution because it was approved by Council.
He stated he would agree to remove it. He stated even if it is not done, ACES should be able to continue
to move forward and apply for a building permit.
Mr. Rose motioned to approve Resolution #9, Series 2022 with the conditions listed by staff. Mr. Rose
amended his motion to include the minor amendment to the planned development, detailed review,
and final commercial design review to make various changes to the property including site
improvements, reconfiguring vehicle and pedestrian access and the expansion of the visitor center and
birds of prey building. Ms. Rockhill seconded the motion. Ms. McGovern requested a roll call: Ms.
Rockhill, yes; Ms. Benedetti, yes; Mr. Rose, 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 the applicant and closed the hearing.
6
Minutes Aspen Planning and Zoning Commission May 17, 2022
Page 5 of 7
OTHER BUSINESS
Discussion of and Recommendation to Council on Short-Term Rental Regulations Ordinance
#009, Series 2022
Ms. McGovern proceeded to the next agenda item and turned the floor over to staff.
Mr. Rose noted he will need to leave the meeting in approximately ten minutes.
Mr. Supino introduced himself and Ms. Haley Hart, Long Range Planner. He stated staff wants to review
the proposed ordinance to amend the short-term rental regulations.
Mr. Supino reviewed the 11 year history of the Short-Term Rental (STR) program and the direction from
City Council to amend the code section since the moratorium took effect on December 8, 2021. He
noted the proposed code amendments are being presented to P&Z for their review and comment.
Mr. Supino then reviewed the moratorium timeline, noting it is scheduled to terminate on August 8,
2022. He displayed the six STR best practice related topics reviewed with Council including zoning,
permitting, life safety, financials, operational standards, and enforcement. Staff analyzed the City’s
program with those of other communities. He stated Council’s primary objectives were to support the
existing bed base with some STR activity, to protect and enhance local neighborhood character, and to
mitigate the costs of STRs on the community. He further described the types of costs.
Ms. Rockhill stated she has a hard time understanding the statement that STRs bringing more people
and creating more emissions when if the homes were occupied by homeowners, they would be creating
emissions as well. She feels the trips taken by the STR people are in lieu of those that would be taken by
homeowners. Mr. Supino stated from an emissions standpoint, the building is there in both instances.
He added if it’s vacant, there are lower emissions and in terms of visitors, they have a carbon profile
which have emissions associated with their activities during their visit. He stated their analysis shows
approximately 3,000 bedrooms have been added to the lodging inventory over the last decade through
STRs and those bedrooms are occupied approximately 37% of the time. He stated the presence of these
additional bedrooms has added to the emissions profile of the community. Ms. Rockhill stated she
doesn’t necessarily agree. She added STRs have always existed in Aspen, not just the past decade and
have only been studied in past couple of years. She asked about the impacts to local employment and
local businesses. Mr. Supino stated they do not have the analysis breaking out STRs from the larger
lodging sector. He added having regulations will allow for the collection of data to future analysis. He
stated proposed modifications would not reduce the number of STRs initially. It would freeze the
number and allow for a 25% reduction over time recognizing the economic importance of STRs. Ms.
Rockhill stated then any new economic activity will be in the hotels and driving more to the commercial
direction and not spreading it across different platforms in town. She feels in regards to reducing
emissions, there is a lax regulations for hotels in her experience. She noted lights, TVs and fireplaces are
on all day and she feels it would be easier for the city to address this.
Mr. Supino then discussed how they have proceeded with the process of identifying potential changes
to the code including a technical advisory committee including 12 individuals from the STR and lodging
industry, tourist economy and interested residents. Staff and the committee developed a case study by
analyzing 10 destination communities in the intermountain west to see how they have addressed STRs
in the past 5-7 years. He stated they also worked with industry consulting experts as well to engaged
with the public. He then reviewed the code sections outlining the standards P&Z should follow with their
review and recommendation to Council regarding the proposed changes
7
Minutes Aspen Planning and Zoning Commission May 17, 2022
Page 6 of 7
Ms. Hart then walked through some of the details of proposed ordinance based on the review of best
practices from other communities. She stated the ordinances includes regulations regarding greater
accountability, impact mitigation, lodging support, neighborhood character and data collection. Next,
she reviewed the types of permits included in the proposed ordinance.
Ms. Benedetti asked if staff had an estimate of how many owner-occupied STRs currently exist. Ms. Hart
responded the city doesn’t currently have the numbers, but they estimated to be 60% lodge- 40%
individual units. They hope to gather data over the next year.
Mr. McKnight asked the difference between the Owner-Occupied permit type and the STR Classic permit
type is that the STR Classic is capped. Ms. Hart confirmed this.
Ms. Rockhill asked if there will continue to be 1,300 permits, but there will actually be more because the
owner-occupied permits will no be included in the 1,300 cap. Ms. Hart replied this was a possibility. Mr.
Supino clarified if you are a current permit holder, you will be able to continue to get a permit until you
decide to stop. Ms. Rockhill feels the STR Classic is more common than the owner-occupied STR permit
and asked how each type would pay fees. Mr. Supino stated the proposed fee structure includes a base
fee plus an affordable housing fee based on the number of bedrooms.
Ms. Hart next reviewed how zoning will impact the STR caps. There will be a cap on STRs in residential
zones. There will not be caps on owner-occupied STRs, and commercial and lodge zones zoned
properties. She reiterated if a residential zone currently has 100 permits it will be reduced to 75%
through non-transferability and other enforcement actions resulting in a revocation of the license. Once
the limit has been reached, a wait list will be managed.
Ms. Rockhill asked if there would be a requirement for applicants to work with a local realtor or
management service. Ms. Hart replied the owner may designate someone as a qualified owner’s
representative.
Mr. Hart then reviewed the occupancy and operations requirements. Ms. Benedetti noted those
travelling with children may need the +2 instead of the +1.
Ms. Hart next reviewed the good neighbor policies possibly including a guide in every unit and added
that ACRA has drafted a guideline.
Ms. Benedetti feels an email sent out when a short-term rental has been reserved are very helpful to
provide information. Mr. Supino asked Ms. Rockhill if there was an opportunity on the broker side to
provide this type of information. She responded they provide a welcome letter, meet the people at
check-in to go over essential information. They also have books with recommendations for food and
activity. She noted she has heard of some management companies renting out Aspen properties and the
company has never been to Aspen. She feels having a local representative is important to success.
Ms. Hart then discussed the proposed active enforcement process including a 3 strike rule, inspections,
complaint process and a use it or loose it policy.
Mr. McKnight asked what counts as a strike. Mr. Supino stated there not be any anonymous complaints
allowed and a staff member will be assigned to monitor the situation to determine if it is a civil
complaint or a violation of the STR regulations. Ms. Hart added there will also be an appeal process. Mr.
McKnight doesn’t’ want to see the city primarily using the 3 strike rule to reduce the number of permits.
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Minutes Aspen Planning and Zoning Commission May 17, 2022
Page 7 of 7
Mr. Supino then reviewed taxes and fees noting Council was very interested in having fees and tax
question to the electorate. He then discussed the regulatory and a per bedroom affordable housing fees
and the excise and sales tax which would happen as a property is purchased.
Ms. Rockhill feels tying affordable housing to STRs is a bit of a mismatch and more appropriate for a
climate fee which would be creating a greater impact. Mr. Supino believes the tax question may help
address the climate, transit and pedestrian, policing, and affordable housing impacts. Ms. Hart stated it
will take more employees to travel and service individual STRs versus a traditional hotel. As the number
of STRs increase in the residential district, it may be taking away long-term rentals, so it decreases
supply as the demand increases. She noted Breckenridge has an interesting report supporting their
affordable housing fee and the city will produce a similar report.
Ms. Rockhill asked if it would be possible to pull in climate policies for the larger exempt STR permits.
She provided examples of restricting plastic bottles and encourage composting.
Mr. McKnight would like to see a big effort from the city regarding the education part of it. Ms. Hart
stated APCHA suggested if they show they agreed to the policies they could receive a free water bottle
from a participating organization.
Ms. Rockhill asked if the definition of a STR being less than 30 days. Mr. Supino confirmed this based on
local, state and federal statutes.
Ms. Rockhill asked staff which city was found to execute their 3 strike policy the best. Mr. Supino replied
every community has different needs based on the local conditions. Ms. Hart felt Durango, Crested
Butte and Glenwood Springs are doing a really great job of implementing their STR policy. She feels
Aspen is similar to Breckenridge base on the sheer number of units to be reduced.
Ms. McGovern asked what staff wanted from the commission at this point. Mr. Supino stated P&Z could
make a motion to support or not support the ordinance. P&Z could add conditions to the
recommendation. He stated the commission could also decide to not make a recommendation. They will
include a summary of this discussion in their upcoming presentation to Council.
Ms. Benedetti motioned to support the approval of Ordinance No. 9; Series 2022 as presented.
Ms. Rockhill asked to amend the ordinance to include some accountability regarding the climate for
Lodge Exempt STR permitees.
After discussion between Ms. McGovern and Ms. Rockhill, Ms. Benedetti amended her motion to
include adding something to draw attention to the good neighbor education campaign and including
accountability regarding the climate. Mr. McKnight seconded the motion. Ms. McGovern requested a
roll call for Resolution #10, Series 2022: Ms. Rockhill, yes; Ms. Benedetti, yes; Mr. McKnight, yes; and
Ms. McGovern, yes; for a total of four (4) in favor – zero (0) not in favor. The motion passed.
ADJOURN
Mr. McKnight motioned to adjourn and was seconded by Ms. Benedetti. All in favor and the meeting
was adjourned.
Cindy Klob, Records Manager
9
Page | 1
MEMORANDUM
TO: Aspen Planning & Zoning Commission
FROM: Kevin Rayes, Planner
THRU: Amy Simon, Planning Director
RE: Burlingame Triangle Parcel | Major Subdivision
Public Hearing
MEETING DATE: September 20, 2022
Applicant:
City of Aspen
Representative:
Robert Schultz Consulting, LLC
Location:
TBD, Legally Described as Lot 1A,
Final Subdivision Plat of Lot 1A,
Burlingame Ranch, according to the
Final Plat thereof, recorded October
10, 2005, in Book 75 at Page 46 at
Reception No. 515887.
Current Zoning:
Rural Residential (RR) and
Conservation (C)
Summary:
The applicant is requesting a Major
Subdivision to subdivide fathering
parcel, Lot 1A into two resulting
parcels- Lot 1A and Lot 1D (AKA “the
triangle parcel”).
While no development is requested
as part of this land use application,
Lot 1D is anticipated to become part
of the future affordable housing
development at the Lumberyard. A
separate Planned Development
application will be required when the
Lumberyard Project is ready for
review. The land that will continue to
be referred to as Lot 1A will remain
undeveloped in perpetuity.
Staff Recommendation:
The proposed request is intended to set aside a parcel of
land (Lot 1 D) to eventually become part of the
Lumberyard Affordable Housing Development.
While a large portion of Lot 1A is intended for
conservation, the proposed area of Lot 1D was previously
identified for housing and other community needs.
The request to subdivide Lot 1A is consistent with
previous approvals and was originally anticipated when it
was created. Staff finds the request to subdivide the
parcel is consistent with all Subdivision Review Criteria
and recommends that P&Z approve the attached
resolution recommending approval to City Council.
Figure 1: Site Location
Lot 1A
Lot 1D-
Proposed
area to be
subdivided
from the
fathering
parcel; Lot
1A
Figure 1: Subject Property Location
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Page | 2
REQUEST OF THE PLANNING AND ZONING COMMISSION:
The Applicant is requesting the following recommendations of approval from the Planning and
Zoning Commission. Upon receipt of a recommendation, the application will be reviewed for a
final decision by City Council.
• General Subdivision Review Standards (Land Use Code Section 26.480.040)
All subdivisions are required to conform to general subdivision standards and limitations.
Lot 1A is currently vacant and most of the site is encumbered with a conservation easement ,
apart from a portion of the property that was previously anticipated for future development.
Subdividing Lot 1A into two parcels will set aside the area needed for future development of
the Lumberyard Affordable Housing Project and will preserve the remainder of the land for
conservation purposes. Given the unique context and plans for the area, many of the general
subdivision review standards are not applicable. (See Exhibit A for all review criteria and staff
responses.)
• Major Subdivisions (Land Use Code Section 26.480.070)
Lot 1A is the resulting parcel from Lot 1 which was approved for a Lot Split several years ago.
Pursuant to Land Use Code Section 26.480.060, Minor Subdivisions, a Lot Split may occur
only one time on a fathering parcel. A Major Subdivision is required to legally subdivide Lot 1A
a second time. As previously mentioned, given the unique context and plans for the area,
many of the review criteria are not applicable. Exhibit B responds to all review criteria.
BACKGROUND:
In 1997, The City of Aspen acquired more than 200 acres
of vacant land west of town, just outside city limits. This land
was annexed into the city and subdivided into the
Burlingame Ranch Subdivision for the purpose of
developing affordable housing and the preservation of open
space. Much of the affordable housing planned for the site
has been developed, apart from some areas, including a
portion of Lot 1A, which is the subject of this review.
When an annexation occurs, state statute requires initial
zoning to be established within 90-days. When Lot 1A was
annexed, two zone districts were contemplated for adoption:
Residential Multi-Family (R/MFA) and Open Space (OS).
Figure two depicts where this zoning was proposed. The
R/MFA designation was thought to provide the density
required for future development of affordable housing.
Council ultimately adopted Rural Residential (RR) and
Conservation (C) zoning. These zone districts were chosen
to serve as a kind of place holder by “freezing” the vacant lot
in its existing state with the understanding that a site-specific
development plan might be adopted for the area located in
RR at some point in the future, at which point the zoning
could be amended to accommodate the development.
RR
C
Figure 3: Lot 1A Current
Zoning
Figure 2: Zone Districts
Proposed During Annexation
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Page | 3
Today Lot 1A remains undeveloped and within the Conservation (C) and the Rural Residential
(RR) zone districts. The RR portion of the parcel is roughly the same area that was previously
contemplated as R/MF.
In 2003, The City, and the Aspen Valley Land Trust (AVLT) approved a conservation easement
on the lot. The purpose of the easement was to preserve the property as open space in perpetuity,
apart from an area located along the south-western side of the lot, which was called out as
“developable land.” Pursuant to the easement, the developable area is described as the following:
A 150-foot-wide strip or to the toe of the slope (whichever is wider) of the Burlingame Range
which adjoins Highway 82.
The purpose of this description was to broadly convey th e general area that was exempted from
the provisions of the conservation easemen t, meaning that development could occur within this
portion of Lot 1A at some point in the future. A survey was never conducted, so the precise
boundaries of the exempted area were never formally recognized.
An exhibit was later recorded with an amended conservation easement to visually represent the
boundary of the exempted area. Again, the exhibit was not the result of a survey or other formal
site analysis, but rather represents the basic shape of land that is considered developable. This
is acknowledged in the amended deed pursuant to the following:
The parties understand that the City has not completed the affordable housing project
currently contemplated on the land described above at section 1.iii [the subject area of this
application] and therefore is unable to specifically describe the property that is to be
excluded from the conservation easement.
Despite the absence of a survey or a metes-and-bounds description, the location of the exempted
area depicted in the conservation easement is consistent with the area previously described as a
suitable location for affordable housing development when the land was originally annexe d
(Figures 4 and 5).
Figure 5: Shape of Lot 1A identified for
development in conservation deed
Figure 4: Lot 1A current
configuration
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Page | 4
Following the initial acquisition and subdivision of Burlingame Ranch, The City gradually acquired
and annexed additional property from the surrounding area. In December 2007, The City
purchased the Lumberyard Facility (AKA BMC West), to develop affordable housing. The City
annexed the property from the County and adopted an initial zoning of
Service/Commercial/Industrial (S/CI) to “freeze” the existing use and allow normal operations to
continue until a final development plan could be executed. This property remains under City
ownership and continues to function as an industrial-based use.
In 2020, The City purchased the mini-storage facility. The City annexed this property in early 2022.
Upon annexation, The City adopted an initial zoning of S/CI, also to allow normal operations to
continue until a final
redevelopment plan could be
executed. This property
remains under City ownership
and continues to function as an
industrial-based use.
As represented in Figure 6, the
Mini Storage site, the
Lumberyard and the Triangle
Parcel are located adacent to
one another.
PROJECT SUMMARY:
The applicant requests to subdivide Lot 1A to set aside
a portion of the property in anticipation of the
Lumberyard Affordable Housing Development. While
this application does not request any development,
subdividing the property is needed before a master
plan can be considered.
Lot 1A is currently just over 73 acres. As represented
in Figure 7, the applicant proposes to separate 3.56
acres from the fathering parcel to create Lot 1D.
The resulting parcel will be located within the Rural
Residential (RR) and Conservation (C) zone districts.
The General Subdivision Review Standards
prescribed in Land Use Code Section 26.480.040
prohibit a single lot from being in more than one zone
district, unless unique circumstances exist. Given the
anticipated request to adopt a master plan for the
Lumberyard Affordable Housing Project, the applicant
believes that no change to existing zoning is
immediately needed.
Figure 6: City-Owned Properties Slated for Affordable
Housing Development
Lot
1D
Figure 7: Proposed subdivision layout
of fathering parcel Lot 1A and
resulting parcel Lot 1D
Lot 1A
Burlingame
Ranch
13
Page | 5
STAFF COMMENTS:
When reviewing the request to subdivide Lot 1A, staff first considered the history of the property
and the record that was established relating to the “triangle parcel.” The idea of developing
affordable housing within this area was conceptualized when the Burlingame property was
originally acquired by The City in the late 1990s. At the time of annexation, Lot 1D was
contemplated for Residential Multi -Family zoning to establish the density required for feasible
future affordable housing development (Figure 2). Although no legal description was
memorialized, the same general area was excluded from the restrictions and provisions of the
conservation easement that encumbers Lot 1A so that future development could occur (Figures
4 & 5).
On June 9, 2022, the Aspen Valley Land Trust Board of Directors adopted a resolution to
acknowledge the absence of a formal land description from previous deeds and to memorialize
a legal description that precisely describe s the boundaries of Lot 1D and Lot 1A. The resolution
approved by the AVLT Board of Directors and associated documents are included in Exhibit C.
Pending approval of this application, a plat representing both parcels will be recorded with the
Pitkin County Clerk and Recorder . Staff believes the request to subdivide Lot 1A to create
resulting Lot 1D is consistent with the general record and history that has been established for
this property as well as the resolution adopted by the AVLT Board of Directors . Upon making
this determination, staff then analyzed the subdivision review criteria that apply to the request.
When a subdivision occurs, several review criteria are required to be met to ensure the orderly
and efficient development of the city. Because the scope of this application is limited to the
separation of Lot 1D from fathering parcel Lot 1A and no developm ent is proposed, many of the
criteria are not applicable. (All review criteria are listed with staff responses in Exhibits A & B.)
The land use code prohibits the creation of non -conformities or the expansion of existing non-
conformities as the result of a subdivision. As previously mentioned, Lot 1D is currently vacant.
Because no development is proposed, the creation of non -conformities is a non-issue.
Providing guaranteed legal access from all resulting parcels to a public way is required. The
application proposes an easement over and across the adjacent city -owned Lumberyard
properties to access Lot 1D. Because the Lumberyard properties are anticipated to become part
of the same affordable housing development, staff believes placing the access easement on
those properties is appropriate. Pending approval of this application, the easement will be
recorded with the Pitkin County Clerk and Recorder. When a development application is
submitted, a traffic circulation study will be required along with additio nal details related to
vehicular access, and pedestrian/bicycle access. The Planning & Zoning Commission will have
an opportunity to review those details at that time.
Lastly, the land use code generally discourages placing resulting parcels in more than one zone
district, unless unique circumstances exist. The proposed layout of Lot 1D would be in the Rural
Residential (RR) and the Conservation (C) zone districts. This is no different than the existing
configuration of fathering parcel Lot 1A, which is cu rrently located in both zone districts. Because
of the limited information available regarding the density, height, mass, and other characteristics
of future development, rezoning the resulting parcel at this stage would be premature. Staff
believes that maintaining existing zoning is appropriate as it will “freeze” current conditions until
a development application is submitted. A rezoning request would be considered at that time.
Staff recommends that the Planning & Zoning Commission take the opportunity to assess
potential zoning options when an application for development is submitted in the future.
14
Page | 6
As represented in Figure 8, Lot 1D is
located adjacent to The City-owned
Lumberyard and Mini -Storage
facilities. These properties were
acquired and annexed by The City
with the goal of developing an
affordable housing project. The
acquisition and annexation of land by
The City has occurred in a piecemeal
fashion over the last decade. Lot 1D
is the final piece of land that is
needed to develop a successful
project. Staff finds that all Subdivision
review criteria are met. Staff supports
the request to subdivid e Lot 1A and
recommends approval of the request.
RECOMMENDATION
Staff recommends the Planning and
Zoning Commission (P&Z) adopt the
attached Resolution recommending
approval of the request to subdivide
Lot 1A.
ATTACHMENTS:
Resolution #___, Series of 2022
Exhibit A – Subdivision General Review Standards
Exhibit B – Major Subdivision Review Standards
Exhibit C – Letter from AVLT and Entitlement Documents
Exhibit D – Application
Lumberyard
Facility
Lot
1D
Lot 1A
Figure 8: Proposed Subdivision Layout of Fathering
Parcel Lot 1A and Resulting Parcel Lot 1D
Mini
Storage
Facility
15
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 A MAJOR SUBDIVISION FOR THE
PROPERTY LEGALLY DESCRIBED AS LOT 1A, FINAL SUBDIVISION PLAT OF
LOT 1A, BURLINGAME RANCH, ACCORDING TO THE FINAL PLAT THEREOF,
RECORDED OCTOBER 10, 2005, IN BOOK 75 AT PAGE 46 AT RECEPTION NO.
515997, COUNTY OF PITKIN, STATE OF COLORADO
Parcel ID: 2735-031-00-805
WHEREAS, the Community Development Department received an application from the City
of Aspen, 427 Rio Grande Pl. Aspen, CO 81611 c/o Sara Ott, City Manager, requesting approval
for a Major Subdivision for the property located at Burlingame Lot 1A; and,
WHEREAS, the Community Development Department Staff reviewed the application for
compliance with the applicable review standards; and,
WHEREAS, upon review of the application and the applicable Land Use Code standards, the
Community Development Director recommended approval of the Major Subdivision; and,
WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered
the development 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 September 20, 2022;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development
proposal 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, granting approval of the Major Subdivision as identified
herein.
16
P&Z Resolution #XX, Series of 2022
Page 2 of 3
NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission:
Section 1: Major Subdivision:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby approves the request for a Major Subdivision to
subdivide Lot 1A to create resulting parcel Lot 1A and Lot 1D, subject to the following conditions:
1. A Subdivision Plat shall be reviewed and recorded in the office of the Pitkin County Clerk
and Recorder, pursuant to Chapter 26.490 – Approval Documents. No Development
Agreement is required at this time.
2. The Subdivision Plat shall represent the access easement serving Lot 1D and the easement
shall be recorded with the Pitkin County Clerk and Recorder’s Office.
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
separate, distinct, and independent provision and shall not affect the validity of the remaining portions
thereof.
APPROVED by the Commission at its meeting on September 20, 2022.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
___________________________________ ________________________
Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair
17
P&Z Resolution #XX, Series of 2022
Page 3 of 3
ATTEST:
____________________________
Cindy Klob, Records Manager
18
Exhibit A
Subdivision – General Review Standards
Page | 1
Sec. 26.480.040. - General subdivision review standards.
All subdivisions shall be required to conform to the following general standards and
limitations in addition to the specific standards applicable to each type of subdivision:
a) Guaranteed Access to a Public Way. All subdivided lots must have perpetual
unobstructed legal vehicular access to a public way. A proposed subdivision shall
not eliminate or obstruct legal vehicular access from a public way to an adjacent
property. All streets in a Subdivision 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 findings: Lot 1D is located adjacent to the City-owned lumberyard
properties. This application includes a public access easement across the
lumberyard properties, which would provide the right -of-way access required
pursuant to this criterion. Pending approval of the request to subdivide Lot 1A,
the access easement will be recorded. When a housing plan is submitted, a more
robust access plan, traffic study and road design will be required. Staff finds this
criterion to be met.
b) Alignment with Original Townsite Plat. The proposed lot lines shall
approximate, to the extent practical, the platting of the Original Aspen Townsite,
and additions thereto, as applicable to the subject land. Minor deviations from
the original platting lines to accommodate significant features of the site may be
approved.
Staff findings: This property was never part of the original townsite. Staff finds
this criterion to be not applicable.
c) Zoning Conformance. All new lots shall conform to the requirements of the zone
district in which the property is situated, including va riations and variances
approved pursuant to this Title. A single lot shall not be located in more than one
zone district unless unique circumstances dictate. A rezoning application may be
considered concurrently with subdivision review.
Staff findings: Lot 1A is currently located within the Rural Residential (RR) and
Conservation (C) zone districts. The application to subdivide Lot 1A does not
include a request to change current zoning. The lot currently complies with zoning
as no improvements exist. No development is proposed as part of the
subdivision, so resulting parcel Lot 1D will also comply with underlying zoning ,
despite being located within two zone districts. An application will eventually be
submitted to develop affordable housing on Lot 1D, at which a rezoning request
would be appropriate. Staff finds this criterion to be met.
19
Exhibit A
Subdivision – General Review Standards
Page | 2
d) Existing Structures, Uses, and Non -Conformities. A subdivision shall not
create or increase the non -conformity of a use, structure or parcel. A rezoning
application or other mechanism to correct the non -conforming nature of a use,
structure, or parcel may be considered concurrently.
In the case where an existing structure or use occupies a site eligible for
subdivision, the structure need not be demolished and the use need not be
discontinued prior to application for subdivision.
If approval of a subdivision creates a non -conforming structure or use, including
a structure spanning a parcel boundary, such structure or use may continue until
recordation of the subdivision plat. Alternatively, the City may accept certain
assurance that the non -conformities will be remedied after recordati on of the
subdivision plat. Such assurances shall be reflected in a development agreement
or other legal mechanism acceptable to the City Attorney and may be time -bound
or secured with a financial surety.
Staff findings: There are no structures or other re lated improvements on Lot 1A.
Pending approval of subdivision, resulting parcel Lot 1 D will also not contain any
improvements. No development is proposed as part of this application so non -
conformities are not anticipated. A request to develop affordable housing will
likely include a request to rezone Lot 1D to ensure compliance with underlying
zoning.
20
Exhibit B
Subdivision – Major Subdivision Review Standards
Page | 1
Sec. 26.480.070. - Major subdivisions.
The following subdivisions shall be approved, approved with conditions, or denied by
the City Council, after receiving a recommendation from the Planning and Zoning
Commission. Major subdivisions are subject to Section 26.480.030—Procedures for
Review, the standards and limitations of Section 26.480.040—General Subdivision
Review Standards, and the standards and limitations of each type of subdivision,
described below. All subdivisions not defined as administrative or minor subdivisions
shall be considered major subdivisions.
a. Land Subdivision. The division or aggregation of land for the purpose of creating
individual lots or parcels shall be approved, approved with conditions, or denied
according to the following standards:
1. The proposed subdivision complies with the requirements of Section
26.480.040—General Subdivision Review Standards.
Staff findings: The General Subdivision Review Standards are either met or
not applicable (depending upon the criterion). The staff findings for the
General Subdivision Review Standards are provided in Exhibit A. Staff finds
this criterion to be met.
2. The proposed subdivision enables an efficient pattern of development that
optimizes the use of the limited amount of land available for development.
Staff findings: Most of Lot 1A is encumbered with a conservation easement
for the purpose of maintaining open space. The area proposed for subdivision
(Lot 1D) from the fathering parcel was previously contemplated for the
development of affordable housing and was thus explicitly exempted in the
conservation easement. Subdividing Lot 1D from fathering parcel Lot 1A is
consistent with previous approvals and will optimize the use of land. Staff
finds this criterion to be met.
3. The proposed subdivision 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 findings: Lot 1A is currently just over 73 acres. The request to subdivide
the property to create Lot 1D will separate 3.56 acres from the fathering
parcel. The conservation easement memorialized on the Lot 1A will continue
to preserve most of the parcel from development in perpetuity.
Staff finds this criterion to be met.
4. The proposed subdivision 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, rock slides, mining activity including mine waste deposit,
avalanche or snow slide areas, slopes in excess of thirty percent (30%), and
any other natural or man-made hazard or condition that could harm the health,
21
Exhibit B
Subdivision – Major Subdivision Review Standards
Page | 2
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 with
specific design details and timing of implementation address ed through a
Development Agreement pursuant to Chapter 26.490—Approval Documents.
Staff findings: No development is proposed as part of t he request to
subdivide Lot 1A. When a subsequent application is submitted to develop
affordable housing on resulting parcel Lot 1D, the development will be subject
to the provisions of the City of Aspen Land Use Code, Engineering Code and
Parks code to ensure the development meets all provisions related to natural
or man-made hazards that might affect the property. Staff finds this criterion
to be not applicable.
5. 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). The City Engineer may require specific designs, mitigation
techniques, and implementation timelines be defined and documented within
a Development Agreement.
Staff findings: No development is proposed as part of this application.
Subsequent development will be required to meet all Engineering design
standards. Staff finds this criterion to be not applicable.
6. The proposed subdivision shall upgrade public infrastructure and facilities
necessary to serve the subdivision. Improvements shall be at the sole cost of
the developer.
Staff findings: No development is proposed as part of this application.
Necessary public infrastructure and utilities will be analyzed at the time a
development application is considered. Staff finds this criterion to be not
applicable .
7. The proposed subdivision is exempt from or has been granted all growth
management approvals pursuant to Chapter 26.470 —Growth Management
Quota System, including compliance with all affordable housing requirements
for new and replacement development as applicable.
Staff findings: While the development of an affordable housing project is
anticipated in the future, no development is proposed as part of this
application . Pursuant to Table 2 of Land Use Code Section 26.470.040, no
annual limit of development allotments exists for residential affordable
housing. Staff finds this criterion to be met.
22
Exhibit B
Subdivision – Major Subdivision Review Standards
Page | 3
8. The proposed subdivision meets the School Land Dedication requirements
of Chapter 26.620 and any land proposed for dedication meets the criteria for
land acceptance pursuant to said Chapter.
Staff findings: No development is proposed in this application. A future
application to develop affordable housing will address School Land
Dedication requirements. Staff finds this criterion to be not applicable.
9. A Subdivision Plat shall be reviewed and recorded in the of fice of the Pitkin
County Clerk and Recorder, pursuant to Chapter 26.490—Approval
Documents.
Staff findings : The application includes a draft Subdivision Plat that depicts
fathering Parcel Lot 1A along with resulting Parcel Lot 1D. The application
also includes a public access easement that addresses access from the
adjacent city-owned Lumberyard facility to su bject parcel Lot 1D. Pending
approval from City Council, these documents will be filed with the County
Clerk and Recorder. Staff finds this criterion to be met.
10. A Development Agreement shall be reviewed and recorded in the office of the
Pitkin County Clerk and Recorder, pursuant to Chapter 26.490—Approval
Documents.
Staff findings: No development is proposed as part of this application. Future
development will require a Development Agreement. Staff finds this
criterion to be not applicable.
b. Vehicular Rights -of-Way. The dedication, boundary alteration, realignment, or any
partial or whole vacation of a Street, Alley, or other vehicular right -of-way serving
more than one (1) parcel, shall be approved, approved with conditions, or denied
according to the following standards:
1. The proposed change maintains or improves the publi c health, safety, and
welfare of the community and is in the best interests of the City of Aspen.
Staff findings: While this application does not propose changing any
vehicular rights -of-way, a public access easement running over and across
the adjacent Lumberyard property to the subject parcel has been included
with the request. The public access easement provides the guarantee that
access to Lot 1D will be maintained. A more robust plan for vehicular access
and traffic circulation will be required when a subsequent application is
submitted to develop affordable housing. Staff finds this criterion to be not
applicable.
2. The proposed change to the public rights -of-way maintains or improves safe
physical and legal access from a public way to all adjacent properties and
shall not restrict the ability for a property to develop by eliminating or hindering
access. Redundant access, such as a primary street access plus alley
access, is preferred.
23
Exhibit B
Subdivision – Major Subdivision Review Standards
Page | 4
Staff findings: The access easement included with the application
guarantees that access to Lot 1D will be maintained. No other changes are
proposed at this time. Staff finds this criterion to be not applicable.
3. The design of the proposed change complies with Municipal Code Title 29—
Engineering Design Standards and is consistent with applicable adopted
policies, plans, and approved projects for the area (such as a highway access
policy, an approved development project, an infrastructure plan, a trails plan,
an improvement district plan, and the like).
Staff findings: The development is proposed as part of this application.
Therefore, Engineering Standards related to vehicul ar access, pedestrian
access and other related requirements are not needed. These standards will
apply when an application to develop affordable housing is submitted. Staff
finds this criterion to be not applicable.
4. The proposed change maintains or impro ves normal traffic circulation, traffic
control capabilities, access by emergency and service vehicles, pedestrian
and bike connections, drainage infrastructure, street and infrastructure
maintenance needs, and normal operating needs of the City including snow
removal.
Staff findings: The proposed access easement provides the legal means
necessary to accommodate emergency vehicles to the subject parcel if
needed. However, no development is proposed on Lot 1D so issues related
to traffic circulation, traffic control, pedestrian and bike connections are not
applicable at this time. Staff finds this criterion to be not applicable.
5. For all new rights -of-way and physical changes to existing rights -of-way, the
applicant shall design and construct the proposed right -of-way improvements
according to the design and construction standards of the City Engineer. Upon
completion, the right-of-way improvements shall be subject to inspection and
acceptance by the City Engineer. The City may require a performance
warranty. The requirements of this crit erion shall be reflected in a
Development Agreement.
Staff findings: Pending submission of a subsequent application for
development, all Engineering standards related to right -of-way improvements
shall be met. Staff finds this criterion to be not applicable.
6. For partial or full vacation of existing rights -of-way, the applicant shall
demonstrate the right -of-way, or portion thereof, has no current or future use
to the community as a vehicular way, pedestrian or bike way, utility corridor,
drainage corridor, or recreational connection due to dimensions, location,
topography, existing or proposed development, or other similar
circumstances. The City shall consider whether the interests of the applican t
and the City can be achieved through a "closure" of the right -of-way.
24
Exhibit B
Subdivision – Major Subdivision Review Standards
Page | 5
Staff findings: There is no request to vacate any existing right -of-way. Staff
finds this criterion to be not applicable.
7. A Right-of-Way Dedication/Vacation Plat shall be reviewed and recorded in
the office of the Pitkin County Clerk and Recorder, pursuant to Chapter
26.490—Approval Documents. The plat shal l demonstrate how the lands
underlying vacated rights -of-way shall accrue to adjacent parcels in
compliance with State Statute.
Staff findings: The applicable includes a public access easement over and
across the adjacent Lumberyard facility to the subject Lot. Pending approval
of this application, the easement will be recorded with the Pitkin County Clerk
and Recorder. Additional plats may be req uired related to traffic circulation,
and pedestrian/bicycle access when an application is reviewed for
development. Staff finds this criterion to be met.
8. A Development Agreement shall be reviewed and recorded in the office of the
Pitkin County Clerk and Recorder, pursuant to Chapter 26.490—Approval
Documents. This requirement may be waived if no right -of-way construction
is proposed.
Staff findings: No development is proposed in this application. Pending a
submission of an application to develop the subject parcel, a Development
Agreement will be required. Staff finds this criterion to be not applicable.
25
Exhibit C | AVLT Letter and Entitlement Docs
26
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CITY OF ASPEN
LOT 5 PARK TRUST EXEMPTION
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UTILITY EASEMENT
RECEPTION NO. 434205
UTILITY EASEMENT
RECEPTION NO. 434205
UTILITY EASEMENT
RECEPTION NO. 434205
UTILITY EASEMENT
RECEPTION NO. 434205
HOLY CROSS EASEM
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& RIGHT-OF-WAY
BOOK 242 PAGE 834
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LOT 1D
3.566±ACRES
LOT 1A
69.670±ACRES
OW
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FOUND REBAR &
1-1/4" YELLOW
PLASTIC CAP
LS9184
FOUND REBAR &
2" ALUMINUM CAP
LS27936
FOUND REBAR &
1-1/2" ALUMINUM CAP
LS33645
FOUND REBAR &
1-1/4" YELLOW
PLASTIC CAP
LS9184
FOUND REBAR &
1-1/4" ORANGE
PLASTIC CAP
LS28643
FOUND NO. 5 REBAR
FOUND REBAR &
1-1/4" ORANGE
PLASTIC CAP
LS28643
FOUND NO. 5 REBAR
FOUND NO. 5 REBAR
FOUND REBAR &
1-1/4" ORANGE
PLASTIC CAP
LS28643
FOUND NO. 5
REBARS
FOUND NO. 5 REBAR
FOUND NO. 5 REBAR
FOUND NO. 5 REBAR
FOUND NO. 5 REBAR
FOUND PK NAIL
FOUND
PK NAIL
6' WITNESS CORNER
SET REBAR & 1-1/4" BLUE
PLASTIC CAP
WC TNC PLS38215
FOUND
PK NAILS
FOUND
PK NAIL
25' WITNESS CORNER
SET REBAR & 1-1/4" BLUE
PLASTIC CAP
WC TNC PLS38215
FOUND REBAR & 2" ALUMINUM CAP LS27936 BDANDCO
ORF
R
EV I E W
A SUBDIVISION OF LOT 1A CREATING LOT 1D
SECTIONS 2 & 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
BURLINGAME RANCH LOT 1A
TRUE NORTH COLORADO LLC.
A LAND SURVEYING AND MAPPING COMPANY
P.O. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTLE, COLORADO 81647
(970) 984-0474
www.truenorthcolorado.com
PROJECT NO: 2021-372
DATE:December 17, 2021
DRAWN
RPK
SURVEYED
GBL-DJB
SHEET
1 OF 1
TRUENORTH
A LAND SURVEYING AND MAPPING COMPANY
150'
75'300'
SCALE: 1" = 150'
N
0
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
C1 480.00'254.03'251.08'N 47°20'17" W 30°19'23"
LINE BEARING DISTANCE
L1 N 04°07'37" E 147.33'
LINE DATA TABLE
CURVE DATA TABLE
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY
LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE
YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
FOUND COLORADO DEPARTMENT OF TRANSPORTATION
MONUMENT A 3-1/4" ALUMINUM CAP STAMPED LS31551
SET NO. 5 REBAR & 1-1/4" ORANGE PLASTIC CAP
TNC PLS38215 (UNLESS OTHERWISE NOTED)
SET NAIL & 1-1/2" ALUMINUM TAG TNC PLS38215
C2 30.00'21.24'20.80'S 45°27'04" E 40°33'46"
C3 440.00'210.79'208.78'S 52°00'29" E 27°26'55"
L2 N 11°00'38" W 110.99'
L3 S 85°52'33" E 17.76'
L4 N 84°27'15" E 92.93'
L5 N 33°44'31" E 135.20'
L6 S 18°16'53" E 80.12'
L7 S 00°30'22" E 8.53'
L8 S 34°04'47" W 120.81'
L9 S 26°19'05" W 77.77'
L10 S 40°00'43" W 41.85'
L11 S 00°06'52" W 101.07'
L12 S 81°14'33" E 52.75'
L13 S 05°34'14" W 48.76'
L14 N 87°21'40" W 81.12'
L15 N 86°51'01" W 105.68'
L16 N 87°00'55" W 142.90'
L17 N 86°23'45" W 67.69'
L18 N 09°38'37" W 26.19'
L19 N 47°42'50" W 15.27'
L20 N 58°22'32" W 131.07'
L21 N 68°23'10" W 39.52'
L22 N 74°55'41" W 94.37'
L23 N 77°52'32" W 203.37'
L24 N 72°11'56" W 50.28'
L25 N 63°18'22" W 79.11'
L26 N 55°13'05" W 36.91'
L27 N 53°46'07" E 21.70'
L28 N 26°18'34" E 8.89'
L29 N 64°24'39" W 46.80'
L30 N 24°14'05" E 70.74'
L31 N 15°11'28" W 125.79'
L32 N 20°37'56" W 146.36'
L33 N 33°56'32" W 44.04'
L34 N 40°56'06" W 157.43'
L35 S 83°00'21" W 170.00'
L36 S 53°24'26" W 88.79'
L37 S 20°58'24" W 92.20'
L38 S 25°25'08" E 246.42'
L39 N 64°39'37" E 27.93'
L40 S 25°10'11" E 10.07'
L41 S 65°43'57" E 333.22'
L42 N 57°21'45" W 72.50'
L43 N 61°13'50" W 70.17'
L44 N 63°44'04" W 328.51'
L45 S 42°51'11" W 2.56'
L46 N 63°44'32" W 37.67'
L47 N 59°26'59" W 182.67'
L48 S 22°43'37" E 29.10'
AMENDED FINAL PLAT
VICINITY MAP
SITE
NOTES:
5. THIS AMENDED PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH
COLORADO, LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY
AND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLE
COMMITMENT NO. __________________________ ISSUED BY ________________________________,
EFFECTIVE DATE: _____________________________________.
SURVEYOR'S STATEMENT
PERFORMED UNDER MY SUPERVISION AND
RESPONSIBLE CHARGE AND THAT THIS SURVEY MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET
FORTH IN C.R.S. SECTION 38-51-106 AND IS TRUE AND CORRECT TO THE BEST OF MY BELIEF AND
KNOWLEDGE.
CITY COUNCIL APPROVAL
CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL
THIS AMENDED PLAT HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN
LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS ________ DAY OF __________________, 20________, TO THE
EXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO
THIS PLAT OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE
REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL.
BY:_____________________________________________________________________________
PHILLIP SUPINO - COMMUNITY DEVELOPMENT DIRECTOR
CLERK AND RECORDER'S CERTIFICATE
CERTIFICATE OF OWNERSHIP
KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED THE CITY OF ASPEN BEING THE SOLE OWNER IN
FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN PITKIN COUNTY, SHOWN ON THIS AMENDED PLAT AND
DESCRIBED AS FOLLOWS:
CONTAINING A TOTAL OF 73.236 ACRES, MORE OR LESS, DO HEREBY EXECUTE AND RECORD THIS AMENDED PLAT.
EXECUTED THIS_________________ DAY OF ___________________________, A.D., 20_______.
OWNER:
CITY OF ASPEN
130 S.GALENA STREET
ASPEN, CO 81611
BY:________________________________________________________________
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
THE FOREGOING CERTIFICATION OF OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY
OF_____________________________, 20_____, BY ____________________________________, AS ___________________ OF THE CITY OF
ASPEN.
MY COMMISSION EXPIRES:_____________________________________________
WITNESS MY HAND AND SEAL
____________________________________________________________________________
NOTARY PUBLIC
TITLE CERTIFICATE
I, __________________________________________ AN AGENT AUTHORIZED BY PITKIN COUNTY, DO HEREBY CERTIFY THAT I HAVE
EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS AMENDED PLAT AND THAT TITLE TO SUCH LANDS IS VESTED
IN THE CITY OF ASPEN IS FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF
TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS
MAP), EXCEPT AS SET FORTH IN THE COMMITMENT FOR TITLE INSURANCE ISSUED BY ___________________________
COMMITMENT NO. __________________________ DATED: ______________________________.
DATED THIS___________DAY OF______________________________________, A.D., 20_____
TITLE COMPANY INFORMATION
BY;_____________________________________________________________________
AUTHORIZED AGENT
CITY OF ASPEN ENGINEER'S REVIEW
THIS AMENDED PLAT WAS REVIEWED FOR DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS.
DATED THIS___________DAY OF______________________________________, A.D., 20_____
BY;_____________________________________________________________________
TRICIA ARAGON, P.E. - CITY OF ASPEN ENGINEER
FOUND REBAR & 1-1/4" RED PLASTIC CAP
SGM LS20133 (UNLESS OTHERWISE NOTED)
Exhibit C | AVLT Letter and Entitlement Docs 27
L
1
L2
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E
9
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1
2
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L=150.75'
R=855.00'
CH=N38°32'40"W
150.56'
L6
3
L64
L65
L=140.73'
R=955.00'
CH=S44°55'32"E
140.60'
N0
2
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2
1
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3
7
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E
5
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139.79'
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311.61'
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0
6
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5
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W
21
2
.
4
5
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107
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0
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5
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L77
C2
S80°29'37
"
E
2
4
2
.
7
4
'
L=328.69'
R=220.00'
CH=N56°41'44"E
298.96'
N1
3
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5
4
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4
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E
3
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L78
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1
POINT OF
BEGINNING
N85°58'55"E 886.20'(TI
E
)
WEST 1/4 CORNER
SECTION 2
NW CORNER
SECTION 2
LOT 1
PARCEL 2
PARK TRUST
EXEMPTION
RECEPTION NO. 515995
RAILROAD
RIGHT-OF-WAY
EXEMPTION
RECEPTION NO. 515995
LOT 1A
BURLINGAME
RANCH
RECEPTION NO. 515997
150'
EA
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8
2
LOT 2A
BURLINGAME
RANCH
RECEPTION NO. 515997
BURLINGAME
RANCH AFFORDABLE
HOUSING FILING NO. 1
1ST AMENDMENT
RECEPTION NO. 522859
SOUTH AREA
RECEPTION NO. 598456
NORTH AREA
RECEPTION NO. 598456
ANNIE
MITCHELL
HOMESTEAD
RECEPTION NO. 504392
RED BUTTE RANCH
CONSERVATION
PARCEL C
RED BUTTE RANCH
CONSERVATION
PARCEL B
HA
R
M
O
N
Y
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O
A
D
LOT 2
BURLINGAME
RANCH
STAGE ROAD
60
'
A
C
C
E
S
S
E
A
S
E
M
E
N
T
CONSERVATION
EASEMENT
83.517± ACRES
PROPOSED
LOT 1D
SURVEYOR 'S STATEMENT
I, RODNEY P. KISER, DO HEREBY STATE THAT THIS EASEMENT EXHIBIT WAS PREPARED BY TRUE NORTH COLORADO,
LLC. FOR ASPEN VALLEY LAND TRUST AND THE CITY OF ASPEN, THAT SAID EASEMENT EXHIBIT WAS PREPARED BY
ME OR UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND THAT IT IS TRUE AND CORRECT TO THE BEST OF
MY BELIEF AND KNOWLEDGE.
ORF
R E V I EWA
V
L
T
LOT 1A, BURLINGAME RANCH & LOT 1, PARCEL 2, PARK TRUST EXEMPTION MAP
SITUATED IN SECTIONS 2 & 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
EASEMENT EXHIBIT
AVLT CONSERVATION EASEMENT IN GROSS
TRUE NORTH COLORADO LLC.
A LAND SURVEYING AND MAPPING COMPANY
P.O. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTLE, COLORADO 81647
(970) 984-0474
www.truenorthcolorado.com
PROJECT NO: 2021-372
DATE: April 14, 2022
DRAWN
RPK
SURVEYED
GBL
SHEET
1 OF 1
TRUENORTH
A LAND SURVEYING AND MAPPING COMPANY
40'
20'80'
SCALE: 1" = 200'
N
DESCRIPTION OF CONSERVATION EASEMENT IN GROSS:
0
LINE BEARING DISTANCE
L1 N 47°19'02" W 58.30'
LINE DATA TABLE
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY
LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE
YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
L2 N 63°31'43" W 37.01'
L3 N 32°57'04" W 28.62'
L4 N 03°49'29" W 57.21'
L5 N 44°01'29" W 34.45'
L6 N 01°29'44" E 65.10'
L7 N 24°26'33" W 45.02'
L8 N 07°24'27" W 65.00'
L9 N 02°52'59" W 92.03'
L10 N 01°05'50" W 93.91'
L11 N13°29'14" E 46.27'
L12 N 18°30'47" E 51.25'
L13 N 38°33'07" E 44.21'
L14 N 52°09'50" E 40.44'
L15 N 37°29'25" E 51.00'
L16 N 16°25'17" E 55.15'
L17 N 05°18'35" E 211.74'
L18 N 03°58'53" E 159.10'
L19 N 10°02'39" W 66.42'
L20 N 12°15'27" W 79.46'
L21 N 24°17'49" W 51.02'
L22 N 17°46'51" W 242.75'
L23 N 10°51'59" W 77.99'
L24 N 35°19'21" W 15.54'
L25 N 15°59'07" W 94.06'
L26 N 03°58'21" E 55.94'
L27 N 24°08'39" W 36.05'
L28 N 18°20'17" W 25.19'
L29 N 00°24'43" E 27.35'
L30 N 24°19'20" E 56.94'
L31 N 33°50'33" E 28.09'
L32 N 07°43'35" E 33.79'
L33 N 31°57'52" E 49.10'
L34 N 25°20'39" E 32.71'
L35 N 09°42'31" E 31.73'
L36 N 01°33'12" W 31.29'
L37 N 74°35'21" E 25.89'
L38 S 41°18'02" E 36.96'
L39 S 83°42'01" E 23.34'
L40 S 53°14'06" E 81.31'
L41 S 59°53'26" E 49.11'
L42 S 77°52'34" E 37.47'
L43 S 50°41'06" E 106.44'
L44 S 45°16'36" E 36.67'
L45 S 69°35'40" E 28.31'
L46 S 43°43'05" E 34.90'
L47 S 52°26'43" E 33.03'
L48 S 58°08'19" E 43.53'
L49 S 28°48'00" E 65.76'
L50 S 21°31'35" E 40.42'
L51 S 19°02'18" E 73.28'
L52 S 07°11'09"E 40.51'
L53 S 22°56'10" E 53.92'
L54 S 05°41'50" E 37.97'
L55 S 08°48'42" W 23.50'
L56 S 48°06'39" E 22.86'
L57 S 37°29'24" E 23.09'
L58 N 88°20'52" E 23.60'
L59 S 82°59'34" E 14.47'
L60 S 24°16'44" E 46.42'
L61 S 35°06'34" E 43.42'
L62 S 20°13'20" E 50.36'
L63 N 04°08'50" E 99.86'
L64 N 88°27'47" W 106.43'
L65 S 02°21'37" W 2.90'
L66 S 32°57'19" W 13.58'
L67 S 13°24'49" E 59.44'
L68 N53°24'26" E 17.28'
L77 N 53°46'07" E 20.90'
L78 N 22°43'37" W 7.00'
L79 S 33°44'31" W 135.20'
L80 S 84°27'15" W 92.93'
L81 N 22°29'54" W 79.80'
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
CURVE DATA TABLE
C2 369.21'169.06'167.59'S 67°22'34" E 26°14'07"
C3 280.00'59.30'59.19'N 19°58'18" E 12°08'07"
L76 S 26°18'34" W 8.89'
L75 S 64°24'39" E 46.80'
L74 S 24°14'05" W 70.74'
L73 S 15°11'28" E 125.79'
L72 S 20°37'56" E 146.36'
L71 S 33°56'32" E 44.04'
L70 S 40°56'06" E 157.43'
L69 N 83°00'21" E 170.00'
C1 480.00'254.03'251.08'S 47°20'17" E 30°19'23"
Exhibit C | AVLT Letter and Entitlement Docs 28
320 Main St. Suite 204 | Carbondale, CO 81623 | 970.963.8440 | avlt@avlt.org | page 1
January 24, 2022
City of Aspen Burlingame Affordable Housing Project Team
C/O: Chris Everson (City of Aspen) & Jason Jaynes (DHM Design)
130 South Galena St.
Aspen, CO 81611
RE: Easement Correction Process for Amcord / Burlingame East “Triangle Parcel”
To Whom it May Concern:
As you are aware, a portion of the Amcord / Burlingame East property also referred to as the Deer Hill
Open Space (the “Property”) is encumbered by a perpetual conservation easement, granted to Aspen
Valley Land Trust (AVLT) recorded in Pitkin County on June 30, 2003, at Reception Number 484728
(the “Easement”), and corrected on April 14, 2009 at Reception Number 558008 (the “2009 Correction).
The purpose of this letter is to outline the necessary steps for recording a final correction to the
Easement in order to correct the legal description and identify the exact areas that have been excluded
from the Easement for development of the Burlingame Affordable Housing Project.
Background
The stated purpose of the Easement is to “assure that the Property will remain forever predominantly in
its open space, natural habitat and recreational condition subject to the uses of the Property permitted
hereunder, and to prevent any use of the Property that will significantly impair or interfere with the
Conservation Values of the Property and, in the event of their degradation or destruction, to restore
such Conservation Values of the Property.”
The 2009 Correction then identified three areas to be excluded from the Easement for the purpose of
developing the Burlingame Affordable Housing Projects. The 2009 Correction additionally established
"the Parties' intent to further correct the Conservation Easement in the future to more specifically
identify the properties to be excluded from the Conservation Easement after the City completes the
Burlingame Ranch Affordable Housing Project and completes the development of affordable housing on
the '150 foot wide strip or to the toe of the slope' parcel.” (The '150 foot wide strip or to the toe of the
slope' parcel will be referred to as the “Triangle Parcel” for the purposes of this letter.)
Process
While the 2009 Correction calls for the City of Aspen (the “City”) to “provide the Trust a legal
description of the property for the affordable housing project contemplated for that parcel within thirty
(30) days of the completion of the Burlingame Affordable Housing Project,” AVLT believes that it may
be in the best interest of all involved parties to record the updated correction as soon as soon as
Exhibit C | AVLT Letter and Entitlement Docs
29
320 Main St. Suite 204 | Carbondale, CO 81623 | 970.963.8440 | avlt@avlt.org | page 2
practicable. At a minimum, the updated correction must be recorded before any final subdivision of the
triangle parcel from the main Amcord parcel may occur.
As such, AVLT staff has identified the following process for recording an updated correction to the
Easement, allowing the Burlingame Affordable Housing Project development and any associated land
use actions such as subdivision to proceed:
1) Provide legal descriptions and surveys. The City and partners will provide AVLT staff with
surveys and written legal descriptions for the Annie Mitchel Housing Project, the existing
Burlingame Housing Project, and the Triangle Parcel Burlingame Housing Project. AVLT may
also request that the City provide a survey and legal description of the updated Easement area
that excludes the three parcels. AVLT will then reference these surveys with the 2009 Correction
and provide preliminary approval of the surveys via email.
2) AVLT Board Resolution. AVLT staff will present the AVLT board with the necessary
information and request a Board Resolution approving an updated correction to the Easement.
This resolution would potentially include the provided surveys and legal descriptions, as well as
a draft copy of the updated Correction. This draft Correction language will be developed by
AVLT staff and counsel, and refined with the City and partners as needed.
3) Record updated Correction to the Easement. AVLT Staff will then work with the City and
partners to record the updated Correction to the Easement.
After the updated Correction is recorded, the City may begin development work and subdivision in the
Triangle Parcel as established by the 2009 Correction, without further approval or interaction with
AVLT or the Easement.
Thank you for working closely with our team as we together through this process. Please don’t hesitate
to contact me below with any questions or concerns.
Sincerely,
Bud Tymczyszyn, AICP (tim-chiz-in)
Conservation Easement Specialist
Aspen Valley Land Trust
bud@avlt.org
909-499-5038 (cell)
Exhibit C | AVLT Letter and Entitlement Docs
30
From: Bud Tymczyszyn [mailto:bud@avlt.org]
Sent: Tuesday, May 10, 2022 1:35 PM
To: Jason Jaynes <jjaynes@dhmdesign.com>; Dave Erickson <dave@avlt.org>; Erin Quinn
<erin@avlt.org>
Subject: Re: Aspen Lumberyard - Deer Hill easement exhibit
Hi Jason,
Thanks for checking in, and sorry for the delay. We were out part of last week on a team trip, and I'm
dealing with some sick days right now. Unfortunately I won't be able to get you an updated memo until
next week, but you can go ahead and use the January memo and my email below for the subdivision
application if that still works for you.
I'm hoping to take some time to write up the draft Correction for the CE later this week / early next, so
hopefully we'll have that to start sharing with you all soon. I'm also working on a little memo that outlines
all the prior land use moves and background related to this so our board can have some history, and we
can have that to refer to in the future should we need. If you're game, I might call you later this week or
next to ask you a couple clarifying questions to help with this.
Our June board meeting has moved and is no longer on the 15th, but is still happening in June. I'll keep
you posted on the date in case that changes anything for you guys.
Thanks Jason! Let me know if I'm missing anything here-- don't want to leave you hanging!
Bud Tymczyszyn, AICP
(Pronounced Tim-chiz-in)
Conservation Easement Specialist
(c) 909.499.5038
Exhibit C | AVLT Letter and Entitlement Docs
31
From: Bud Tymczyszyn [mailto:bud@avlt.org]
Sent: Tuesday, April 26, 2022 3:42 PM
To: Jason Jaynes <jjaynes@dhmdesign.com>; Dave Erickson <dave@avlt.org>; Erin Quinn
<erin@avlt.org>
Cc: Bob Schultz <rschultzconsulting@gmail.com>; Christopher Everson <chris.everson@aspen.gov>
Subject: Re: Aspen Lumberyard - Deer Hill easement exhibit
Hi Jason,
Thanks for sending this over. Having this singular survey with all of the housing exclusions shown is
exactly what we needed to move forward to the next step. Keep us posted as the final verification come
through, otherwise we'll work from this and assume it should pretty closely reflect the final. I think it was a
good call adding the 150' from the ROW into the excluded area too-- I imagine our board will like that this
essentially maxes out the final reserved right from the easement and will be the final amendment.
Now that we have the survey, our next steps are (a) AVLT staff review, (b) AVLT will develop a draft final
amendment to the CE, (c) work with City and parners to refine, (d) bring to AVLT Board for resolution
June 15th. If helpful, I'm happy to update the previous memo to reflect this for the subdivision application.
Let me know if and when you would like that and I can put something together. Also happy to hop on the
phone if there are any questions about the rest of the AVLT board process outlined here.
Thanks Jason! We'll have more for you soon after our team reviews the survey / LD.
Best,
Bud Tymczyszyn, AICP
(Pronounced Tim-chiz-in)
Conservation Easement Specialist
(c)909.499.5038
Exhibit C | AVLT Letter and Entitlement Docs
32
100' WIDE GREENBELT
PLAT BOOK 7 PAGE 79 LOT 2-BLOCK 1
OWNER
MOUNTAIN RESCUE ASPEN
CHARITABLE TRUST
PARCEL NO. 273503100045
ASPEN AIRPORT BUSINESS CENTER
FILING NO. 1
PLAT BOOK 7 PAGE 79
LOT 1-BLOCK 1
ASPEN AIRPORT BUSINESS CENTER
FILING NO. 1
PLAT BOOK 7 PAGE 79
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ACCESS EASEMENT
ASPEN AIRPORT BUSINESS CENTER FILING NO. 1
SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.
COUNTY OF PITKIN, STATE OF COLORADO
ACCESS EASEMENT
A STRIP OF LAND SITUATED IN SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF
COLORADO; SAID STRIP OF LAND LYING WITHIN THE AMENDED AND RESTATED PLAT OF ASPEN AIRPORT BUSINESS CENTER FILING NO. 1 RECORDED IN
PLAT BOOK 7 AT PAGE 79 IN THE PITKIN COUNTY RECORDS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1 OF SAID ASPEN AIRPORT BUSINESS CENTER FILING NO. 1; THENCE S86°08'06"E ALONG THE
SOUTH LINE OF SAID LOT 1 A DISTANCE OF 17.06 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE N03°14'00"E A DISTANCE OF
247.97 FEET; THENCE 45.55 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 29.00 FEET AND A CHORD THAT BEARS N41°46'00"W A DISTANCE OF
41.01 FEET; THENCE N86°46'00"W A DISTANCE OF 153.93 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 82;
THENCE N03°32'40"E ALONG SAID EAST LINE A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID EAST LINE S86°46'00"E A DISTANCE OF 202.82 FEET; THENCE
S03°14'00"W A DISTANCE OF 296.47 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1; THENCE N86°08'06"W ALONG SAID SOUTH LINE A DISTANCE OF
20.00 FEET TO THE POINT OF BEGINNING, SAID STRIP OF LAND CONTAINS 9,777 SQUARE FEET MORE OR LESS.
PROJECT NO: 2021-372
DATE: January 24, 2022
DRAWN
RPK
SURVEYED
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1 OF 1
TRUENORTH
A LAND SURVEYING AND MAPPING COMPANY
N
TRUE NORTH COLORADO LLC.
A LAND SURVEYING AND MAPPING COMPANY
P.O. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTLE, COLORADO 81647
(970) 984-0474
www.truenorthcolorado.com
EXHIBIT A
SCALE: 1" = 50'
Exhibit C | AVLT Letter and Entitlement Docs
33
Burlingame Triangle Parcel Major Subdivision
Burlingame Subdivision: Lot 1A
Parcel: 273503100805
Prepared for:
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Prepared by:
Robert Schultz Consulting, LLC
354 Fawn Dr.
Carbondale, CO 81623
May 2022
Exhibit D | Application
34
Burlingame Triangle Subdivision May 2022 2
Introduction
Subdivision
The City of Aspen acquired 220+ acres from the Paepcke Trust
in 1997 for affordable housing and conservation. The land was
subsequently subdivided to create the Burlingame Ranch
Subdivision, which includes the subject parcel of this
application, Lot 1A.
While most of the Lot 1A parcel is intended for conservation,
portions, including a triangle of land at the base of Deer Hill
proposed as new Lot 1D, were identified for meeting housing
or other needs for the community.
The Burlingame Subdivision only described the boundary of
the triangle in general terms. Specifically, several documents,
including the City of Aspen Pre-Annexation Agreement
(Reception #515868) and the 2009 Conservation Easement
Correction Deed (Reception #558008) describe the area in a
similar manner, as:
“a 150 foot wide strip or to the toe of the slope
(whichever is wider) of the Burlingame Ranch which
adjoins Highway 82”.
The Conservation Easement anticipated that the exact boundary would be resolved, and the
easement boundary corrected to exclude the triangle property later. This application defines
that boundary between conservation and other community uses. The Plat to create the new
triangle parcel, Lot 1D, is displayed in Attachment A and below.
Since the lot split
process can only be
used once for a
“fathering parcel”,
the current
subdivision will be
processed as a
Major Subdivision
even though no
development is
being approved at
this time.
Exhibit D | Application
35
Burlingame Triangle Subdivision May 2022 3
Exhibit D | Application
36
Burlingame Triangle Subdivision May 2022 4
At this time, the City applies to subdivide the +/- 73.236-acre Lot 1A parcel into revised Lot 1A
that will be 69.67 acres and a new Lot 1D that will be 3.566 acres. Lot 1D is the land previously
envisioned for housing. While this action does not include any proposed development, the City
acknowledges that there will be a master plan for housing at this property and the City-owned
properties north of this site in the future.
The triangle area currently does not include any structures but hosts a section of the AABC trail
and a spur trail to Annie Mitchell homes. The AABC trail provides an important 3-mile link for
bicycle and pedestrian commuting and recreation between downtown Aspen and the Aspen
Airport Business Center.
The parcel that is now the Annie Mitchell housing was previously part of an original Lot 1 and a
lot split was used to advance that affordable housing project. Since the lot split process can only
be used once for a “fathering parcel”, the current subdivision will be processed as a Major
Subdivision even though no development is being approved at this time.
Lot 1D includes +/- 155,335 square feet of land. +/-144,455
square feet of that land was zoned RR in 1999 (Reception
#437962). The remaining +/- 10,930 square feet is currently
zoned Conservation (C). The new Lot 1D will include both
current zoning designations until a future housing plan is
approved that includes rezoning. The current lot 1A also
includes two zone districts.
Code Section 26.480.040 (c) calls for a single zone district to
be applied on any new parcels “unless unique circumstances
dictate”. We believe that the fact that a master plan for
housing on this and adjacent City parcels is being developed
at this time and that plan will likely require rezoning from
either the RR or C zone district is the unique circumstance that justifies leaving the existing
zoning in place at this time. City staff agrees with this approach. Zoning on the triangle parcel is
intended to be a “holding zone” until a master plan is completed and approved.
This subdivision is an important step toward planning for the entire assemblage of land and the
ultimate redevelopment of the properties. At the appropriate time, a land use plan will be
submitted to the City for development of affordable housing.
Conservation Easement
A separate document, developed in consultation with the Aspen Valley Land Trust, provides a
legal description of the conservation easement and that document will be recorded as well. The
conservation area also includes land that is not in Lot 1A. While not the subject of this
application, the information is provided as background since both land conservation and
affordable housing are both important community values.
This subdivision is
an important step
toward planning for
the entire
assemblage of land
and the ultimate
redevelopment of
the properties.
Exhibit D | Application
37
Burlingame Triangle Subdivision May 2022 5
During 2020, a surveyor was enlisted to provide more detailed topographic information to
identify a reasonable “toe of slope” border and proposed boundary for a new Lot 1D. The
property was staked by the surveyor to identify the proposed boundary. Last fall, the project
team, City staff, and staff from the Aspen Valley Land Trust (AVLT) met at the site to review the
draft boundary. The goal has been to create a boundary that both the City and AVLT believe is
consistent with previous agreements.
AVLT and City staffs found the proposed boundary consistent with those agreements and the
application under review is based on that concurrence. The AVLT Board is scheduled to act on
approval of the boundary at their June meeting. See Attachment J for more information. The
conservation easement boundary is identified in Attachment B. In total, about 83.5 acres are
permanently conserved. The conservation easement boundary is displayed in Attachment B and
below.
Resolving the boundary of Lot 1D will facilitate planning efforts for the larger future housing
plan by proving a clear definition of the southern end of the property. Establishing a clear
boundary for the Conservation Easement will make enforcing the provisions of the Easement
and Management Plan more effective for the Aspen Valley Land Trust.
Exhibit D | Application
38
Burlingame Triangle Subdivision May 2022 6
City of Aspen Land Use Code- Subdivision
Compliance with Sec. 26.304.030 (a) General
Response: See this application and attachments for all information required. Also See
Attachments H, I, and J.
Compliance with Sec. 26.304.030 (b.1) Representation
Response: See this application and attachments for all information required. See
Attachments H.
Compliance with Sec. 26.304.030 (b.2) Parcel ID
Response: See first page of this application. Parcel ID is 273503100805.
Compliance with Sec. 26.304.030 (b.3) Ownership
Response: A title commitment is provided as Attachment E.
Compliance with Sec. 26.304.030 (b.4) Vicinity Map
Response: A vicinity map is Attachment D.
Compliance with Sec. 26.304.030 (b.5) Site Plan
Response: A site plan is Attachment F; no new development is proposed.
Compliance with Sec. 26.304.030 (b.6) Site Improvements
Response: The requirement is requested to be waived, however the topographic and
improvements are displayed on Attachment F. The site is covered with sage and brush in both
Lot 1A and 1D. Lot 1D will be subject to a conservation easement and Lot 1D is not proposed
for development in this application. The existing concrete trails will continue to be used. The
dominant feature of Lot 1A is Deer Hill. Lot 1D begins at the toe of the slope of Deer Hill. The
general condition of the site is displayed in the Google Earth image below.
Exhibit D | Application
39
Burlingame Triangle Subdivision May 2022 7
Exhibit D | Application
40
Burlingame Triangle Subdivision May 2022 8
Compliance with Sec. 26.304.030 (b.7) Written Description
Response: This document is our response to this requirement.
Compliance with Sec. 26.304.030 (b.8) Additional Information
Response: The resolution of the boundary of the conservation easement was requested and
Attachment B addressed that request.
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 October 2021, an email update with project information, including this subdivision
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, two public
outreach events were held on 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. 26.480.040 (a) Access to Public Way
Response: Access to a public right of way and State Highway 82 are provided via access
easement across the City-owned lumberyard properties. Easements are included in this
application as Attachment C and would be recorded prior to the plat for this subdivision. The
easement is for a driveway access to the site since no development is proposed. In the future,
a housing plan will be proposed that will provide a more formal access plan, traffic study, and
road design information.
Compliance with Sec. 26.480.040 (b) Original Townsite
Response: Not Applicable as this property was not part of the original townsite.
Exhibit D | Application
41
Burlingame Triangle Subdivision May 2022 9
Compliance with Sec. 26.480.040 (c) Zoning Conformance
Response: The parcel contains two zone districts as explained above. Both the applicant and
City staff find that the circumstances are unique to the history of this property and the
intention to rezone the property in the future in conjunction with City-owned property to the
north for affordable housing. Conformance is afforded related to other zoning criteria.
Compliance with Sec. 26.480.040 (d) Existing Structures, Uses, Non-conformities
Response: The property does not currently include residential
or other structures. There are two public trails through the
property that will continue use. There are no known non-
conformities.
Compliance with Sec. 26.480.070 (a 1) General Standards
Response: Complied, see this application.
Compliance with Sec. 26.480.070 (a.2) Efficient Use of Land
Response: The subdivision allows for the future planning of affordable housing on a site long
planned for affordable housing. The subdivision also clarifies boundaries between conserved
lands and lands to be developed. Combined with the lumberyard and mini storage parcels, an
efficient land use plan can be developed for needed affordable housing. The subdivision also
resolves the final boundary for the conservation easement on the adjacent property.
Compliance with Sec. 26.480.070 (a.3) Preserves Geological Features, Vegetation, Structures
Response: No geological or vegetative features or structures on the property with historical
merit have been identified. This application will not authorize new construction at the site.
Compliance with Sec. 26.480.070 (a.4) Avoids Hazards
Response: The property boundary was intentionally set at the “toe of the slope” in
accordance with previous agreements to be on land that is not subject to geological hazards.
When a housing plan is developed, a soils study will be submitted for review.
Compliance with Sec. 26.480.070 (a.5) Engineering Design and Urban Runoff
Response: Not applicable, no development is proposed. A future housing plan will be
required to address these standards.
Compliance with Sec. 26.480.070 (a.6) Improve Public Infrastructure
There are two
public trails
through the
property that will
continue use.
Exhibit D | Application
42
Burlingame Triangle Subdivision May 2022 10
Response: Not applicable, no new public infrastructure is proposed at the site. A future
housing plan will be required to address this standard. The existing trails will continue use.
Compliance with Sec. 26.480.070 (a.7) Growth Management
Response: Not applicable, the subdivision does not include a proposal for development.
Compliance with Sec. 26.480.070 (a.8) School Land Dedication
Response: Not applicable, a future housing plan will need to address School Land Dedication.
Compliance with Sec. 26.480.070 (a.9) Subdivision Plat
Response: A Proposed plat is attached as Attachment A; upon approval it will be submitted to
the County Clerk and Recorder.
Compliance with Sec. 26.480.070 (a.10) Development Agreement
Response: Not applicable, no development is proposed. A future housing project would be
subject to a Development Agreement.
Compliance with Sec. 26.480.070 (b) Vehicular Rights-of-Way
Response: Not applicable, as the proposal is to serve a single parcel. Attachment C displays
access to the site.
Compliance with Sec. 26.480.80 (b) General Information
Response: This application and attached documents meet the Code requirements for
submission. The legal description and parcel identification information is listed on the cover
page. A Title Commitment is attached as Attachment E. A Vicinity Map is attached as
Attachment D. The proposed Plat is attached as Attachment A. Attachment F displays existing
trails and topographic information used to develop the proposed boundary of Lot 1A and Lot
1D to document that the “Toe of Slope” was used to identify the boundary per previous
agreements. The other requirements of this section were not applicable as no new
development is proposed.
Compliance with Sec. 26.480.80 (c)
Response: The review criteria are addressed in the above text and attached Exhibits.
Compliance with Sec. 26.480.80 (d)
Response: A draft Plat is attached as Attachment A.
Exhibit D | Application
43
Burlingame Triangle Subdivision May 2022 11
Compliance with Sec. 26.480.80 (e)
Response: Not applicable, no new development is proposed.
Compliance with Sec. 26.480.80 (f)
Response: Not applicable, no new development is proposed.
Compliance with Sec. 26.480.80 (g)
Response: Not applicable, no new development is proposed.
Compliance with Sec. 26.480.80 (h)
Response: Not applicable, no new development is proposed.
Compliance with Sec. 26.480.80 (i)
Response: Not applicable, no changes to vehicular rights of way are proposed.
Compliance with Sec. 26.480.80 (j)
Response: Not applicable, no changes to vehicular rights of way are proposed.
Compliance with Sec. 26.480.80 (k)
Response: Not applicable, no changes to vehicular rights of way are proposed.
Exhibit D | Application
44
Burlingame Triangle Subdivision May 2022 12
Schedule of Attachments
A- Draft Plat
B- Conservation Easement
C- Access Easement
D- Vicinity Map
E- Title Commitment
F- Existing Conditions
G- Pre-Application Conference Notes
H- Land Use Form
I- Fee Agreement
J- HOA Compliance Form
K- Aspen Valley Land Trust Letter
Exhibit D | Application
45
MEMORANDUM
TO: Aspen Planning & Zoning Commission
FROM: Chris Everson, Affordable Housing Project Manager
THROUGH: Kevin Rayes, Planner
MEMO DATE: September 8, 2022
MEETING DATE: September 20, 2022
RE: Lumberyard Affordable Housing Project Update
SUMMARY:
Designs for the City of Aspen’s Lumberyard affordable housing project have evolved from 2019
to 2022 through an iterative process of community engagement and City Council work sessions.
At the direction of Aspen City Council, the project team is currently drafting a development
application for the Lumberyard affordable housing project based on the 100% Schematic Design
which was presented to Aspen City Council on May 16, 2022.
The project team is scheduled to present a summary of the development application to Aspen
City Council at a work session on September 26, 2022. At that time, the project team will request
direction from City Council to submit the development application to the Community Development
Department to begin the formal land use review and approval process.
The project team aims to spend about 20 minutes on September 20, 2022 presenting the
attached slides as an update to the Planning & Zoning Commission members.
ATTACHMENTS:
Exhibit A: Presentation Slides
Page 1 of 1 46
Lumberyard Outreach and Design Summary
A Community-Driven Design Process
Sept 20, 2022
1 of 39 47
Sept 2019 – Feb 2020: Conceptual Design
Density “Heat Map” ConceptsOutreach #1 Stakeholder meetings, pop-up
events, survey, open houses
Council
Work
Session
Outreach #2 Stakeholder meetings &
open houses near AABC
Council
Work
Session
2 of 39 48
March 2020 – Dec 2020: Conceptual Design
Density Concepts 140, 175 & 215 Units
3-Story
Outreach #3 Email, website, survey, social
media, web conferences
Council
Work
Session
Council
Work
Session
Conceptual Design 310 Units, 3-4 Story
3 of 39 49
Sept 2021 – May 2022: Schematic Design
4
Council
Work
Sessions
Density 310 Units, 100% 4-Story
(2 of 8 Versions Shown)Outreach #4 Online Survey &
Community Open HouseSchematic Design Options
4 of 39 50
2022 Sept – Nov: Development Application
5
Final Schematic Design Density 277 Units, 467 Bedrooms
100% 4-Story
Council
Work
Session
OCTOBER 2022
Outreach #5
Online Survey &
Community Open House
5 of 39 51
ASPEN LUMBERYARD
CUSHING TERRELL
Near-term Timeline
OVERALL DEVELOPMENT TIMELINE
Mid January - December 2022
Land Use Entitlement Process and Planned
Development Documentation
May 16, 2022
Present Final Schematic Design to Council
Cost Estimation Underway
June 3, 2022
Final Schematic Design Package delivered, Project Website
updated
June - October 2022
Design Development, Land Use Application and Preliminary
Budgeting
January 2023 – October 2023
Construction Documents
October 2023 – January 2024
Bidding
February 2024
Construction Start on First Phase
2.0
YOU ARE HERE
2005 2022 2023 2024 ... 20282027202620202019201620112007
City of Aspen Reserves Ability to Develop Housing at 3+ acre “Triangle Parcel” North of BMC West
Use of Housing Funds to Purchase BMC West Property 4+ acres
Annexation of BMC West Property into Aspen City Limits
Lease Assumed by ProBuild/BFS, Extended through 7/31/2025
Community Outreachand Conceptual Design Process Begins
Community Outreach, Conceptual DesignTarget of 310 Units,Purchase of 3-acre Mini Storage Property
Complete Schematic Design, Submit Development Application forApproval Process
Remaining Phases of Housing Construction and Occupancy TBDTarget for First Phase of Housing Construction to Start
Target for Occupancy of First Phase of Affordable Housing
PD Recording,Construction Documents,Building Permit Application Process
Target for Access & Infrastructure Construction Start
Parking Alternatives Analysis, Schematic Design Community Outreach, Mini Storage Annexation Application
2021
6 of 39 52
ASPEN LUMBERYARD
CUSHING TERRELL
We believe that a strong and diverse year-round community and a viable and
healthy local workforce are fundamental cornerstones for the sustainability of
the Aspen Area community.
We are committed to providing affordable housing because it supports:
•A stable community that is invested in the present and future of the Aspen Area.
•A reliable workforce, also resulting in greater economic sustainability.
•Opportunities for people to live in close proximity to where they work.
•A reduction in adverse transportation impacts.
•Improved environmental sustainability.
•A reduction in down valley growth pressures.
•Increased citizen participation in civic affairs, non-profit activities and recreation
programs.
•A better visitor experience, including an appreciation of our genuine,
lights-on community.
•A healthy mix of people, including singles, families and seniors.
City of Aspen - 2012 Aspen Area Community
Plan
(Housing Section) Vision
Philosophy
3.0 VISION
The goal of APCHA is to provide affordable housing opportunities through
rental and sale to persons who are or have been actively employed or self-
employed within Aspen and Pitkin County, and that provide or have provided
goods and services to individuals, businesses or institutional operations,
within Aspen and Pitkin County (prior to retirement and/or any disability),
and other qualified persons as defined in these Regulations, and as they are
amended from time to time.
Aspen/Pitkin County Housing Authority
(2021 APCHA Housing Regulations) Mission
Statement
7 of 39 53
ASPEN LUMBERYARD
CUSHING TERRELL
A stable, thriving affordable neighborhood.
Pedestrian friendly, environmentally sustainable,
connected, and welcoming.
Looks, lives and feels authentically Aspen!
VISION STATEMENT
8 of 39 54
ASPEN LUMBERYARD
CUSHING TERRELL
3.1 COMMUNITY CONNECTION
Defining Community Connection
Successful neighborhoods are integrated into the fabric of their communities.
A big part of this connection is ensuring ease of access to the diversity of
modes of transit that already exist in Aspen.
Having the ability to select the appropriate mode of transit based on
weather, destination, purpose, or whim allows residents of the Lumberyard to
leave their cars parked for incidental travel.
A connected community can greatly contribute to well-being and
contentment in day-to-day life.
What success might look like:
•Adequate parking on-site so as not to negatively impact neighboring
areas
•Pedestrian walkways throughout and connecting to the ABC and existing
trails
•Maintain and improve the bike paths to the ABC and Annie Mitchell
•Vehicular connections to the ABC and Highway 82 with appropriate
stacking distances
•Space for a possible transit stop
•Space for multi-modal transportation alternatives
•Spaces allowing neighbors to engage with one another
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Defining Sustainability
In working with the City of Aspen Environmental
Health & Sustainability department and
Community Office for Resource Efficiency
(CORE), the design team has defined
Sustainability through three pillars: Environment,
Economic, and Social. All three are needed to
create a strong and long lasting community.
Environmental Sustainability - The ability to avoid
depletion and degradation of natural resources
while allowing for long term environmental quality.
Economic Sustainability - The ability of an economy
to support an appropriate level of economic capacity
and activity to serve societal needs.
Social Sustainability - The capacity to create
healthy, accessible, livable places for all.
What success might look like:Energy
•Full Electrified Buildings and Net Zero Energy Site-wide,
including on-site storage
•Forward-looking Electric Vehicle infrastructure
•Leveraging passive solar strategies
•Enhanced building commissioning and metering
Water
•Advanced metering
•Low usage building systems and fixtures
•Native plantings and xeriscaping
Waste & Recycling
•C&D waste management and planning
•Construction activity pollution prevention
Wellness
•Healthy and sustainable building materials
•Dedicated and filtered fresh air
•Increased daylighting and well controlled electric lighting
3.2 SUSTAINABILITY
- City of Aspen Climate Plan.
As history has shown, Aspen has a civic
responsibility to act on behalf of its
constituents, a moral imperative to take
the steps necessary to meet the challenge
of climate change, and the potential to be a
catalyst for meaningful and effective action
around the state, country and world.
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Defining Pedestrian Friendly
3.3 PEDESTRIAN FRIENDLY
The goal of this development is to emphasize people over cars. We know
there will be a lot of vehicles housed at the lumberyard along with residents.
Strategies that calm traffic and reduce physical conflicts between cars and
people will be utilized. Providing landscaping or parallel parking along
walkways bordering streets helps provide physical separation.
Pedestrian friendly means thoughtfully designed sidewalks. Walkways should
be connected and well lit. They should be wide enough to allow people to
pass comfortably, especially when pushing strollers, walking dogs, or carrying
that particularly heavy bag of groceries. A walkway lined with trees providing
dappled shade in the summer makes them inviting places to be.
What success might look like:
•Tree lined, well-lit sidewalks adjacent to but separated from streets by
tree lawns
•Sidewalks throughout site that directly connect to adjacent trails
•Safe lighting levels at all pedestrian circulation areas throughout site
•Maximize solar access at sidewalks and outdoor public spaces
•Snow storage areas and awareness of snow shed safety clearances to
pedestrian areas
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Defining Living Well
At the root of all housing projects, but particularly acute
when discussing affordable communities, is the sentiment
that everyone deserves a good place to live. What does
this mean and how do we get there?
Living Well means providing for community members basic
needs, but also allowing them the opportunity to thrive
and enjoy all the same benefits afforded to all members of
the community.
At a basic level, Living Well means providing a safe
and secure environment. It also means creating an
environment that allows for positive physical and mental
health. For the sake of this effort the Design Team has
categorized items such as indoor air quality, noise and
hazard materials under the ‘sustainability’ tag, but it is
important to note the interconnectedness.
Specific to the way the community members of Aspen at
large live, Living Well might mean creating a community
that does not preclude or challenge one’s ability to enjoy
the natural resources found in abundance in and around
the area.
3.4 LIVING WELL
What success might look like:
•Day-lit indoor spaces with access to views
•Adequate storage space for outdoor lifestyle
equipment as well as maintenance and repair
facilities
•Easy access to parking or public
transportation when running errands
•Quality design & finishes to promote a sense
of ownership- Easy access to outdoor spaces
•Comfortable spaces to allow for gathering of
friends and family
•Quiet, efficient and reliable fixtures and
equipment
•Increased accessibility both on site and within
dwellings
ASPEN TIMES
SKI MAGAZINE
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Defining Authentically Aspen
A practical rugged quality that reflects the alpine lifestyle of this historic mining
town turned ski destination.
SURVEY RESULTS:
3.5 AUTHENTICALLY ASPEN
“I think keeping it mountain contemporary in style fits
best with the ABC area, the aspen ideal, and the appeal
to a broader range of inhabitants”.
“...Needs to have mountain appeal due to entrance to
Aspen and how many people see this every day”.
“Efficiency, efficiency, efficiency. The design should
be efficient! Aspen has a long history of building very
inefficient and affordable housing units with excess
emphasis on ‘custom’ design, ‘no 2 units alike’. Housing
resources are limited and outstrip demand.”
“Keep the mountain aesthetic
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4.0 DESIGN UPDATES
Timeline
NOV. 1, 2021 COUNCIL WORK SESSION: PARKING ALTERNATIVES
JAN. 10, 2022 COUNCIL WORK SESSION: UPDATED PARKING
ALTERNATIVES
FEB. 14, 2022 COUNCIL WORK SESSION: SCHEMATIC DESIGN PROGRESS
UPDATE
MAY 16, 2022 COUNCIL WORK SESSION: 100% SCHEMATIC DESIGN
MARCH 21 & ADDITIONAL COUNCIL WORK SESSION: 75% SCHEMATIC
APRIL 4, 2022 DESIGN PROGRESS UPDATE
How to Use this Section
The Design section of this document will focus
on the exploration of how to solve the challenges
of the Lumberyard project. Design explorations,
such as drawings, are a critical tool in which the
team synthesizes information into a relatable
format to spur discussion and further exploration,
but also to drive consensus.
The type and scale of these explorations will
be particular to the moment in time within the
design process, but will always be specific to
conversations and studies necessary to move
the project forward. This section will serve a
chronology of solutions or possibilities presented
to various stakeholder groups.
Schematic Design Effort
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TASK AT HAND
•11.3 Acre Site
•Maximize the number of
Affordable Housing Units on
site, prioritize Bedroom Count
•High Density 25+ Units per acre
•Provide on-site resident parking
meeting Aspen requirements
based on unit count
•Combination of Rental and For
Sale Units
•Phased approach to construction
over 10+ years
•Sustainable and Resilient Design
•Space for Childcare Center on
Site
•Trail Connectivity
•Access to Daylight Views within
Housing Units
•A Public Transit Stop
•Noise Mitigation to adjacent
Highway & Airport
•Elevator Access to all Housing
Units
•A Safe and Inviting Pedestrian
Experience
OUR CHALLENGES
100% SCHEMATIC DESIGN
PROGRAM ELEMENTS
•Balance of surface and underground parking
• Tight spacing between buildings, access to daylight
• Concern about building scale, heights and orientation
• Noise Mitigation
• Innovation through modular design and sustainable building
strategies
• Demographics of target user mix (i.e. “who is this housing
for?”)
• Maintain a schedule for construction to begin in 2024
• Finding the balance between competing priorities
1.0
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ASPEN LUMBERYARD
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4.2 FINAL SCHEMATIC DESIGN
Building Program
Rental Ownership
Increase Bedroom Count
Units Sized Per APCHA
Guidelines
Aligns with Recommended
Mix from Demographic
Study
Ownership Units
Accommodated on South-
Site of Site
Unit Mix & Count
Following previous work sessions, the unit mix and counts have been shuffled to:
•Provide ‘Elbow Room’ on site
•Prioritize occupant count versus unit count
•Correctly size the mix to align with desired demographics
•Provide opportunities in floor plans to accommodate building systems
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4.2 FINAL SCHEMATIC DESIGN Site Plan
KEY
Native Revegetation
Open Space
Rain Garden / Stormwater
Community Plaza Future Daycare Facility
Vegetated Berm
Bldg 1
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4.2 FINAL SCHEMATIC DESIGN Vehicular Circulation
KEY
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M.R.A
Two-Way Road
Signalized Intersection
Eliminated Intersection Garage Entrance
Raised Pedestrian Zone Trash Enclosure
RFTA Bus Stop Firetruck Turnaround
Loading & Drop-Off
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4.2 FINAL SCHEMATIC DESIGN Pedestrian Circulation
KEY
Multi-Use Trail RFTA Bus Stop
Shared Bike Lane WeCycle Station
Underpass Bike Parking
Sidewalk / Foot Path Community PlazaRaised Pedestrian Zone
Crosswalk Building Entrance
Bldg 1
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4.2 FINAL SCHEMATIC DESIGN Parking
KEY
Underground425 Required & Provided
Garage Entrance50% Underground
Carport
ADA Space Loading & Drop-Off
Surface
Bldg 1
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4.2 FINAL SCHEMATIC DESIGN Phasing
Phase 0
Demolition & Recycling of Existing
+ Access & Infrastructure Including
Site Grading, Utilities, Roadways
Phase 1
Construct Bldg 1
104 Rental Units
Phase 2
Construct Bldg 2
91 Rental Units
Phase 3
Construct Bldg 3
82 Ownership Units
Bldg 1
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Bldg 3
M.R.A
Phase 1
Phase 2
Phase 3
Phase 0 - Demo & Recycling / Access & Infrastructure
2024-2025 2026-2027 2028-2029 2030-2031
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4.2 FINAL SCHEMATIC DESIGN
Building 2 West Facade at Entry
Unit stacking and
variation provide
natural variety
Vegetated and
terraced buffers to
ground-level patio
entries to create
privacy and soften
base of building
Roofs oriented
optimally to
maximize solar
potential
Large Roof
Overhangs:
Increases PV area
and provides shelter
from the elements
Increased glass at
communal areas to
bring in daylight
and views
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4.2 FINAL SCHEMATIC DESIGN
First Floor Patios
Boulevard swale
provides stormwater
treatment and snow
storage while also
softening road edge
Low lying concrete walls to
provide privacy but not shield
views from the interior out.
Privacy panels above helping
to separate neighboring patios
Informal pathways to
patio using pavers
and gravel signals
that this is no longer
public domain
Tiered planting to soften
base of building and
provide separation and
privacy between patio
and sidewalk 23 of 39 69
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4.2 FINAL SCHEMATIC DESIGN
Building 1 Amenity Space, Plaza & Courtyard
The common
amenity spaces are
easily accessed by
Building 2 residents
Pathways seemingly
meandering through the
site provide flexibility
in creating functional
connections between
buildings or areas of the
site
The plaza is the gateway
upon arrival to the site.
The amenity space sitting
within becomes the
living room for the site;
welcoming and gathering
the community
The circular
landscape areas
provide for a variety
of settings both for
residents and the
function of the site
Transparency in the
building common
spaces is meant to
create a connection
inside to out as to
invite community
members to interact
With large overhangs,
the green roof of the
amenity space provides
shelter from the snow as
well as a pleasant sight
for adjacent upper-floor
residents
Building is
connected to site
with roof drainage
becoming a
feature, draining
into the rain
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4.2 FINAL SCHEMATIC DESIGN
Building 1 Floor Plans
KEY
Circulation Units Support Spaces Common Spaces
Lower Level Parking Ground Floor
38,447 SF39,599 SF 198’
264’
248’
69’
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Ground Floor
28,705 SF
4.2 FINAL SCHEMATIC DESIGN
Building 2 Floor Plans
Lower Level Parking
29,382 SFKEY
Circulation Units Support Spaces Common Spaces
307’
181’
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Ground Floor
28,633 SF
4.2 FINAL SCHEMATIC DESIGN
318’
211’
Building 3 Floor Plans
Lower Level Parking
29,371 SFKEY
Circulation Units Support Spaces Common Spaces
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4.2 FINAL SCHEMATIC DESIGN
Material Comparison - Exterior Siding
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4.2 FINAL SCHEMATIC DESIGN Screen Elements
Enlarged Shade Structure Elevation Panel Construction
South Facing - Winter
East/West Facing - Winter
South Facing - Summer
East/West Facing - Summer
Built with low-maintenance
species or engineered
products.
Board materials change
in size and orientation to
create a varying texture.
A series of standardized
panels that when varied in
their stacking create texture
and dynamic interactions.
Panels arranged
strategically to orient
or rotate based on sun
position to provide shading
and privacy.
Panels hung off the
face of building
with track and clip
system.
Board material is
fastened to the
track at its back to
conceal the means
of attachment
giving a floating
appearance at its
face.
PanelType 5
PanelType 1
PanelType 3
PanelType 2
PanelType 4
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4.3 TECHNICAL STUDIES
Transportation Impact Analysis
What We Found
•The city should construct a traffic signal at the Aspen
Lumberyard driveway
•The city should provide improved bus service to the Aspen
Lumberyard
•About half of residents will relocate from down valley housing
•Employment opportunities in Aspen will grow with or without
the Aspen Lumberyard project
•Right after people move into the Aspen Lumberyard, travel
times will increase by about one minute during rush hour
•By 2025, the project will not significantly further increase travel
times on CO 82
•Through improve transit, the city aims to aggressively reduce
vehicle trips
•The project will reduce CO2 emissions from commuter
transportation by 500,000-600,000 pounds per year
•Providing housing closer to Aspen will reduce CO2 emissions
compared to people living down valley
•Investing in transportation services like transit is critical to
mitigate the effects of growth on travel times on CO 82
Full report can be found in the appendix
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4.3 TECHNICAL STUDIES
Transportation Impact Analysis
Mitigation Measures
Multi-modal measures and Transportation Demand Management (TDM)
•Install a traffic signal as the CO 82/Aspen Lumberyard Driveway intersection
•Operate dedicated transit services to / from the Aspen Lumberyard, options include:
•Aspen Lumberyard-dedicated shuttle,
•Combine with the Burlingame shuttle,
•Buy up additional RFTA service on the Snowmass Village route, and/or
•Operate microtransit within the ABC
Full report can be found in the appendix
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4.3 TECHNICAL STUDIES
Enterprise Green Communities Certification Update
Enterprise Green Communities has a Resilience component which focuses on proactively designing
for day-to-day conservation of resources, new climate challenges, hazard mitigation preparedness,
and strengthening cultural connections.
•The focus on hazard mitigation preparedness requires that we recognize considerations
for hazards such as wildfire, air quality, new disease vectors, extreme events, loss of power,
drought and mud flows.
•The focus on cultural resilience provides mental health benefits such as increased sense of
shared ownership, social accountability, and sense of belonging.
EGC SCORE: 123pts (40+ Required)
MILESTONES COMPLETED TO DATE:
•Sustainability Charrette
•Context Map
•Social Determinants of Health Analysis
•Project Priority Survey
•Cultural Resilience / Responsive Design Assessment
•Multi-Hazard Vulnerability / Climate Resilient Design Assessment
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4.3 TECHNICAL STUDIES
Enterprise Green Communities Resiliency StudyENTERPRISE GREEN COMMUNITIES CERTIFICATION UPDATE
Vulnerability Design Response
Wildfire Ignition Resistance Construction per 2021
International Wildland-Urban Interface Code (Section
505 Class 2), Intentional Landscaping
Air Quality Balanced Ventilation, Enhanced Filtration,
Mechanical Cooling
New Disease Vectors Integrated Pest Management, Enhanced Filtration
Extreme Events Space of Respite, Evacuation Planning, Shelter In
Place Strategies, Backup Power for Critical Loads,
Snow Removal Site Planning
Loss of Power Backup Power for Critical Loads, Passive Survivability
Drought Intentional Landscaping
Mudflow Site Modification Plan to be Implemented after a
Wildfire on Deer Hill
Full report can be found in the appendix
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4.3 TECHNICAL STUDIES
75% Net Zero Update
•Designing around a low Energy Use Intensity building
•Enhanced insulation and infiltration approaches
•Energy efficient heating/cooling systems
•Energy efficient water heating systems
•Heat recovery systems
•Maximizing area of solar array with independent roof structure
•Create a comparative energy analysis between different HVAC
and Plumbing systems to begin to identify best value
•Identified a path forward with Aspen Electric balance production
limitations for utility and needs on site using a battery system
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Maximized Solar Panel Roof Coverage
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4.3 TECHNICAL STUDIES
Air Monitoring Data Report - Air Resource Specialists
• The measured concentrations of possible air
toxics using 24-hour sampling showed ambient
concentrations at safe levels
• No air toxics were observed at ambient
concentrations that would generate potential
adverse health effects via inhalation
• It is likely that any volatile organic compounds
(VOC’s) impacts are on a much smaller timescale
than 24-hour averages can measure
• Results are similar to Pitkin County's 2021 study
Full report can be found in the appendix
City of Aspen Air Monitoring Data Report, Page 10
By Air Resource Specialists, Inc.,April 2022
3.0 MONITORING DATA AND DISCUSSION
The following section describes the ambient air quality data collected at the AHP monitoring site using
USEPA Compendium Method TO-15.The TO-15 sampling methods were summarized in the prior section and
these methods were applied for the collected samples.
3.1 TO-15 Monitoring Data
The concentration levels of compounds measured by Method TO-15 at the AHP monitoring site are
summarized in Table 3-1.Only those compounds which were detected in one or more of the TO-15 are listed in
Table 3-1. If a specific compound was “Not Detected” (ND) in all samples, it is not listed.
Table 3-1
AHP TO-15 Air Monitoring
Concentrations for Detected Compounds (all data in micrograms per cubic meter)
Feb
18
FRI
Feb
19
SAT
Feb
20
SUN
Feb
25
FRI
Feb
26
SAT
Feb
27
SUN
Feb
28
MON
Mar
1
TUES
Mar
2
WED
GRAB RfC
Acetone 4.82 7.20 4.66 5.47 4.66 5.56 4.66 3.59 5.99 --
Benzene 0.652 1.83 30
Chloromethane 1.37 1.20 1.45 1.17 1.20 1.28 1.27 1.48 1.25 1.25 90
Cyclohexane 0.857 6000
Ethanol 2.45 35.8 39.8 7.52 2.79 33.0 3.90 8.09 4.07 15.5 --
Trichlorofluoromethane 1.33 1.24 1.48 1.23 1.16 1.24 1.24 1.40 1.29 1.26 --
Dichlorodifluoromethane 2.29 2.28 2.41 2.40 2.42 2.43 2.43 2.65 2.41 2.40 --
Heptane 1.04 --
Methylene Chloride 4.31 3000
Tetrachloroethylene 1.49 1.37 2.22 2.22 40
Toluene 4.41 5000
1,2,4-Trimethylbenzene 1.06 60
m&p-Xylene 2.96 100
o-Xylene 1.07 100
Compounds not listed were below reporting limit on all sample days
Not Detected on the sampling day
Not all compounds have a USEPA RfC.
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4.4 DEVELOPMENT FINANCE UPDATE
Development Schedule
Initial Planning & Design
Phase 0 - Site & Infrastructure
Phase 1 –Rental Workforce
Phase 2 –Rental LIHTC
Phase 3 -For -Sale
104 UNITS
91 UNITS
2022 2023 2024 2025 2026 2027 2028 2029 2030
82 UNITS
$395.2 Million of Total Investment 276 Housing Units
$ 14.2
Million
$125.5
Million
$115.8
Million
$135.2
Million
$4.4
Million
4. DEVELOPMENT SCHEDULE
DEVELOPMENTFINANCE UPDATE | MAY 16, 2022
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4.4 DEVELOPMENT FINANCE UPDATE
Preliminary Estimate of Potential Funding SourcesDEVELOPMENTFINANCE UPDATE | MAY 16, 2022
$395.2 Million
ESTIMATE ONLY - NOT FINAL
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WHERE WE ARE GOING
Our Ask of
You Today
Moving Forward
Is the design approach represented in Schematic Design acceptable to use as the basis of the Development Application?
Are there any specific areas Council would like the Design Team to prioritize in Design Development?
What areas of the design would Council like input on moving into Design Development?
100% Schematic Design
May - June 2022
Development Application
- Draft in Process
- Summary Review Sept 26, 2022 City Council
- Community Feedback October-November
- Submit to Comm Dev. Early November 2022
- Public Hearings Early 2023
Design Development
June - October 2022
YOU ARE HERE
2022 2027 2028 ...20242023 2025
Complete Schematic Design, Submit Development Application forApproval Process
Remaining Phases of Housing Construction and Occupancy TBDTarget for First Phase of Housing Construction to Start
Target for Occupancy of First Phase of Affordable Housing
PD Recording,Construction Documents,Building Permit Application Process
Target for Access & Infrastructure Construction Start
Land Use Process
Major Public Project Review
• Planned Development
• Subdivision
• Rezoning
• Growth Management
• Transportation & Parking
• Residential Design Standards
Two-Step Process
• Step One - P & Z Recommendation
to City Council
• Step Two - City Council, First and
Second Reading
(includes detailed review)
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