HomeMy WebLinkAboutcoa.lu.an.BMC West.38005 Hwy 82 & rezoning.2011MEMORANDUM
TO:Mayor and City Council
FROM:Don Taylor, Director of Finance
THRU:Bany Crook, Assistant City Manager {oU
DATE OF MEMO:February 16, 2011
MEETING DATE:February 28, 2011
RE:Fiscal Impact of BMC West Parcel Annexation
REQUEST 01? COUNCIL: This is to provide information requested by City Council at the
first reading of an ordinance approving annexation of the BMC West parcel. The request was to
provide information on the fiscal impact of the annexation.
PREVIOUS COUNCIL ACTION: City Council approved the Ordinance annexing the BMC
West parcel at first reading on February 14, 2011.
BACKGROUND: When a parcel of land is annexed to the City it is subsequently subject to the
laws and regulations of the City including fees and taxation. It is also eligible for the services
provided by the City. A fiscal impact analysis evaluates the impact of the annexation to the City
from a strictly financial perspective. Typically these are related to development proposals were
the impacts may be complex. As this is a parcel that is already developed and has no appreciable
City infrastructure associated with it, the fiscal impact analysis is relatively simple. There has
been no effort to estimate the fiscal impacts of a future redevelopment of this parcel for employee
housing as the development plan, timing and density are unknown at this time.
DISCUSSION: The major revenue sources that will arise from the annexation of this parcel are
sales taxes and franchise fees. The total amount of estimated revenue to be received on an
annual is basis is shown below.
Sales Tax 5 129,600
Franchise Fees 5,300
Cigarette Taxes 1,100
Specific Ownership Taxes 1,000
Motor Vehkle Registrations 100
Total Additional Revenue 137,100
Estimated sales tax includes additional sales tax on utilities that would be sold and an estimate
for use taxes that are credited against any sales tax that might be received. Franchise fees are
also estimated based on various sales by utilities. Cigarette taxes are allocated by the state based
on the total retail sales within the city compared to the State as whole. Specific Ownership taxes
and Motor Vehicle tax revenues are just rough estimates. Since the parcel is owned by the City
Page 1 of 2
there are no property taxes that are collected from this parcel as the City is tax exempt. Thisincludesthebuilding.
Since no public right of way is to be annexed as part of this action, incremental costs should berelativelylow.
FINANCIAL/BIIDGET IMPACTS: The financial impacts of this annexation are shownabove.
ENVIRONMENTAL IMPACTS: This is to provide information related to the fiscal impactsoftheannexationonly.
RECOMMENDED ACTION: No action required. This is provided as information only.
ALTERNATIVES: None
PROPOSED MOTION: None
Page 2 of 2
VI t
Memorandum Ottlresett
TM libill --
TO:Mayor and Members of Council
FROM:John P. Worcester
DATE:February 14, 2011
RE:BMC West Property Annexation - Ordinance No. 5 , Series of 2011 - FirstReading
Attached for your consideration and review is a proposed ordinance which, if adopted, wouldannextheBar/X Ranch Property to the City of Aspen. This matter is before you on FirstReading.
The petition for annexation was filed with the City Clerk on November 17, 2010. On December
6, 2010, City Council adopted a resolution finding substantial compliance with Section 31 -12-107(1), C.R.S. A public hearing was held on JANUARY 24, 2011, at which time Councildeterminedthattheproposedannexationwasincompliancewith §§ 31 -12 -104 and 31 -12 -105,C.R.S.
City staff will be present at the public hearing and second reading of the proposed ordinance to
answer any questions you might have on the proposed annexation and potential impacts theannexationwillhaveonCityoperations.
The decision to annex property to the City is a legislative act and is entirely within yourdiscretionarypowers. You may annex, or not, for any reason, or no reason at all.
ACTION REQUIRED: A Motion to approve Ordinance No. 5 , Series of 2011.
CITY MANAGER'S COMMENTS:
cc: City Manager
Community Development Director
1
re-
ORDINANCE NO. 5
Series of 2011)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN,COLORADO, TO BE KNOWN AND DESIGNATED AS THE "BMC WEST PROPERTY"ANNEXATION.
WHEREAS, on November 17, 2010, the City Manager on behalf of the City of Aspen, the
owner of the property proposed to be annexed, did file with the City Clerk of the City of Aspen a
Petition for Annexation of territory to the City of Aspen; and
WHEREAS, the petition, including accompanying copies of an annexation map, has been
reviewed by the City Attorneys Office and the City Engineer and found by them to contain the
information prescribed and set forth in §31 -12 -107, C.R.S.; and
WHEREAS, the City Council, by resolution (Number 98, Series of 2010) at its regular
meeting on December 6, 2010, did find and determine said Petition for Annexation to be in
substantial compliance with the provisions of §31 -12 -107, C.R.S.; and
WHEREAS, the City Council, by resolution (Number 10, Series of 2011) at its regular
meeting on January 24, 2011, did find and determine, following a public hearing, said Petition for
Annexation to be in substantial compliance with §§ 31 -12 -104 and 31 -12 -105, C.R.S.; and
WHEREAS, the City Council does hereby find and determine that approval of the
annexation of said territory to be in the City's best interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1.That the tract of land described in the Petition for Annexation,
commonly referred to as the "BMC West Property ", and as shown on the annexation map, is hereby
annexed to the City of Aspen, Colorado.
Section 2.The City Clerk of the City of Aspen is hereby directed as follows:
v »,r
a) To file one copy of the annexation map with the original of this annexation
ordinance in the office of the City Clerk of the City of Aspen.
b) To certify and file two copies of this annexation ordinance and of the annexation
map with the Clerk and Recorder of the County of Pitkin, State of Colorado.
c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this
annexation ordinance and of the annexation map with the Division of Local Govenvnent of the
Department of Local Affairs, State of Colorado.
Section 3.The City Engineer of the City of Aspen is hereby directed to amend
the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this
annexation ordinance.
Section 4.That if any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5.That this ordinance shall not have any effect on existing litigation
and shall not operate as an abatement of any action or proceeding now pending under or by virtue
of the ordinances amended as herein provided, and the same shall be construed and concluded
under such prior ordinances.
A public hearing on the ordinance shall be held on 28 day February, 2011, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
2
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 1 1 / day of 2011.
Michael C. Ireland, ayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this 2 q day of
2011.
Michael C. Ireland, ayor
ATTEST:
wtie
Kathryn S. Koch, City Clerk
3
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0064.2009.ASLU
PARCEL ID NUMBER 2735 0310 1801
PROJECTS ADDRESS 38005 STATE HYW 82
PLANNER CHRIS BENDEN
CASE DESCRIPTION ANEXATION REQUEST
REPRESENTATIVE CITY OF ASPEN
DATE OF FINAL ACTION 2/28/11
CLOSED BY ANGELA SCOREY ON: 04.01.11
THE CITY OF ASPEN
Annexation Request:
38005 State Highway 82, Aspen Airport Business Center, Block 1, Lots 1 and 2
Former BMC West Property)
Prepared by:
Steve Barwick, City Manager
City of Aspen
130 South Galena Street
Aspen, CO 81611
970)920 -5000
www.aspenpitkin.com
September 10, 2009
1
Page 1 of 27 FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
Table of Contents
I. Introduction
A. Annexation Request Page 3
II. Petition
A. Completed Petition Page 4
B. Property Legal Description / Proof of Ownership - Attachment "A"Page 5
C. Proposed Annexation Map — Attachment "B"Page 8
III. Annexation Statement
A. State of Colorado annexation criteria Page 9
B. Local annexation criteria Page 13
IV. Initial Zoning
A. Completed Application Page 18
B. Pre - Application Conference Summary Page 20
C. Vicinity Map Page 22
D. Description of Compliance Page 23
E. Proposed Zoning Map Page 25
F. Improvement Survey Page 26
F. Electronic Files Page 27
Page 2 of 27 FINAL DRAFT
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F.
City of Aspen September 10, 2009
Annexation Request
I. Introduction
A. Annexation Request
This application contains a request for two actions:
1. Annexation of the subject property, located at 38005 State Highway 82, into the City of Aspen
and,
2. Establishment of the newly annexed parcel's initial zoning as SCI — Service, Commercial,
Industrial
The property is currently zoned B2 — General Business in Pitkin County. The property is 201,683 square
feet in size and was created before June 12, 1978, predating Pitkin County's subdivision regulations.
For this application, the City of Aspen is the applicant. In creating this application, City of Aspen staff has
met with the City attorney as well as city planning to facilitate the annexation process.
The benefits of the requested application to the applicant /City include:
1. In the short term, the City will benefit from the increased revenues associated with sales tax and f o r
building materials tax generated from the existing lumber yard operation on the property.
2. In the long term, the City will have approximately 4.6 acres of property available for affordable
housing development. While the initial zoning request for the subject property is SCI — Service,
Commercial, Industrial (which will facilitate the continued operation of the current lumber yard
operation on the site), the future development intent of the site is for affordable housing. A
future land use application (separate from this annexation request) will be processed by the City
of Aspen to request that the property be rezoned as AH -PUD. The AH -PUD designation will be
requested based on affordable housing development plans that will be developed in the future
for that specific purpose. This annexation request is the first step in a number of land use
applications that will facilitate future affordable housing development at the subject property.
FINAL DRAFT
Page 3 of 27
City of Aspen September 10, 2009
Annexation Request
II. Petition
A. Completed Petition
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN
THE UNDERSIGNED (hereinafter referred to as the "Petitioner ") hereby petition the Council of the City of
Aspen, Colorado for the annexation of an area, to be referred to as the BMC Annexation to the City of
Aspen. Said area, consisting of approximately 201,683 square feet (4.630 acres), is more particularly
described on Attachment "A ", attached hereto.
The Petitioner alleges:
1. That it is desirable and necessary that such area be annexed to the City of Aspen.
2. That the requirements of Sections 31 -12 -104 and 31 -12 -108, C.R.S., exist or have been met.
3. That not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the boundaries of the City of Aspen.
4. That a community of interest exists between the area proposed to be annexed and the City of
Aspen.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated with the
City of Aspen.
7. That the Petitioner herein comprises 100% of the landowners in the area, and the Petitioner
represents that it owns all of the area described in Attachment "A ".
WHEREFORE, said Petitioner requests that the Council of the City of Aspen approve the annexation of
the area described on Attachment "A ", legal description of the land.
The Petitioner reserves the right to withdraw this petition and their signatures there from at any time
prior to the commencement of the roll call of the City Council for the vote upon the second reading of
the annexation ordinance.
IN WITNESS WHEREOF, I have executed this Petition for Annexation this day of 2009.
Petit
Owner's Signature
Petitioner's /Owner's Printed Name
Address
City, State, Zip
Page 4 of 27 FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
B. Property Legal Description / Proof of Ownership — Attachment "A"
LEGAL DESCRIPTION: LOTS 1 AND 2, BLOCK 1, ASPEN AIRPORT BUSINESS CENTER, FILING NO.1,
according to the Plat thereof recorded in Plat Book 7 at Page 79. LESS that strip of land conveyed in Quit
Claim Deed recorded September 25, 1984 in Book 474 at Page 1.
RECEPTION#: 544963.,.12/17/2007 at 03:28:22 PM, 1 OF 3, R 16.00
D£ 1825.00 Janice K. Vos Caudill, Pitkin County, CO
4fta DV
WHEN RECORDED RETURN TO:
City of Aspen
Attention: John Worcester
130 S Galena Street, 2" Floor
Aspen. Colorado 81611
WARRANTY DEED
THIS DEED. effective as of the 17 day of December. 2007
Between 8MC WEST CORPORATION. a Delaware corporation, GRANTOR,
And CITY OF ASPEN, whose legal address is 130 5. Galena Street, 2"" Floor, Aspen, Colorado 81611.
GRANTEE
WITNESSETH. That the grantor. for and in consideration of the sum of TEN DOLLARS and other good andvaluableconsideration. the receipt and sufficiency of which is hereby acknowledged, has granted. bargained. sold
and conveyed. and by mese presents don grant. bargain, sell and convey and confirm unto the grantee its hairsandassignsforever. all me real property togathe with Improvements. d any. situate and tying and being in the
County of PITKIN. Slate of COLORADO. described es follows:
LOTS 1 AND 2.
BLOCK 1,ASPEN AIRPORT BUSINESS CENTER. FILING NO. 1, according to the Plat thereof recorded in Plat Book 7 at
Page 79.LESS that strip of land conveyed in Quit Clam Deed recorded September 25, 1984 in Book 474 at Page 1
TOGETHER with all and singular the hereditemenls and appurtenances thereto belonging, or in anywise
appertaining. and the reversion and reversions. remainders; rents, laves and profits thereof. and ell the estate,
right, tale, inlarest. claim and demand whatsoever of the grantor either in law or equity, of, In and to the abovebargainedpremises, with the hereditaments and appurtenances. TO I4AVE AND TO HOLD the said promisesabovebargainedanddescribed. with the appurtenances. unto the grantee. its heirs and assigns forever. And hegrantor, for Itself, 113 helm and Mini. does covenant. grant, bargain, and agree to and wth the grantee. Ito hellsandassignsthatatthe4111oftheennalinganddeliveryofthepresents, granter is well sear of the premisesaboveconveyed. nos good. sure. perfect. absolute and indefeesibb estate of inheritance. in law. in fee simple,
and has good right. full power end lawful authority to grant, bargain. all and convey the same n manner and formasaforesaidandthatthesamearefreeandclearfromallformerandothergrants, bargains, sales, liens, taxes.assessments, encumbrances and restrictions 01 whatever kind or nature whatsoever. except as set forth on
Exhibit "A' attached hereto
Furthermore, the premises I5 conveyed to Grantee hereunder subject to the following Deed Restriction
DEED
DEEDT HE PREMISES CONVEYED TO GRANTEE HEREUNDER SHA NOT Be US D AJ,UMBER
YARD 8Y ANY PARTY OTHER THAN WEST CANYON INVESTMENTS. LLC.
The grantor shalt and will WARRANT AND FOREVER DEFEND the above bargained premises in the gwet andpeaceablepossessionofthegrantee, as heirs and assigns. against all and every person or persons lawfullyclaimingthewhoreoranypartthereof. The singular number shall include the plural, the plural the singuar, and
Inc use of gender shall be applicable to all genders.
Page 5 of 27
FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
RECEPTION#: 544963, 12/17/2007 at 03:28:22 PM, 2 OF 3,
Janice H. Voe Caudill, Pitkin County, CO
IN WITNESS WHEREOF the grantor has executed this deed.
BMC ST CmRPOR • ION. a Delaware corporation
i
By: h D. Fa, Vice P -.Went of Real Estate
STATE OF 1 -S i" :...,.j
ss
COUNTY OF t 1J
Tne foregoing instrument was acknowledged before me this day of December, 2007. by John D Fa. Vs:e
President of Real Estate of BMC WEST CORPORATION, a DD are corporation.
WITNESS my hand and o icia s r
My commission expires'
C/Notary Pu • ""'s
ANCEM ,
n: MIGENS
VT.iO
Page 6 of 27 FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
RECEPTION*: 544963, 12/17/2007 at 03:28:22 P14, 3 OF 3,
Janice K. Vos Caudill, Pitkin County, CO
MtHIBIT A' TQ WARRANTY PEED
1. Taxes for the Year 2007, now a Gen, but not yet due or payable
2- Right of the proprietor of a vein or lode to extract and remove his ore therefrom. should the samebefoundtopenetrateorInternetthepremisesherebygrantedandrightofwayforditchesor
canals constructed by the authority of the United States es reserved in United Slates Patent
recorded March 18. 1923 in Book 65 at Page 670
3 Easements and rights of way granted to Rocky Mountain Natural On Company. Inc . in
instrument recorded in Book 195 a1 Page 427 and 481.
4 Easement and right of way for an electric transmission or distribution Una or System, as granted 10
Holy Cross Etectr c Association. Inc., in Instrument recorded in Book 242 at Page 634-
5. Easement and right of way as granted to The Mountain Slates Telephone and Telegraph
Company in instrument recorded in Book 253 at Page 61
6 Easement and right of way for sewer line purposes granted to Aspen Metropolitan Sanitation
District in instrument recorded January 19. 1971 in Book 253 at Page 210
7 Restrictions. which do not contain a forfeiture or reverter clause but omitting restrictions. if any.
based on race, color. religion IN nebonal origin as contained in instruments recorded June 17,
1971 in Book 255 at Page 918 and October 23. 1974 in Book 292 at Page 502.
9 Easements for utilities, sewer and roadways as shown on the recorded Plat of Aspen Airport
Business Center. Filing No 1. Amended and Restated recorded in Plat Book 7 at Page 79
9 Avigation Easement as granted to the County of Pitkin by John P McBride in instrument recorded
August 20, 1974 in Book 290 at Page 373.
13. Terms, conditions. provisions and obligations as set forth in Colorado Department of
Transportation Possession and Use Agreement recorded October 19. 2000 as Reception No.
448097.
11. Permanent Easement granted to the Department of Transportation. Slate of Colorado by
instrument recorded October 15, 2002 as Reception No 473636.
12 Terms, conditions provisions and obligation as set forth in City of Aspen Easement Agreement
recorded November 28. 2003 as Reception No. 491780.
13. Any and all leases and tenancies.
Page 7 of 27
FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
C. Proposed Annexation Map — Attachment "B"
Containing the information required by C.R.S. 1973 31 -8 -107
Page 8 of 27 FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
III. Annexation Statement
A. State of Colorado annexation criteria
31 -12 -104 C.R.S. Eligibility for Annexation
1) An area is eligible for annexation if the governing body, at a hearing as provided in section 31 -12 -109,
finds and determines:
a) That not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with
the annexing municipality. Contiguity shall not be affected by the existence of a platted street or alley, a
public or private right -of -way, a public or private transportation right -of -way or area, public lands,
whether owned by the state, the United States, or an agency thereof, except county -owned open space,
or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality
and the land proposed to be annexed. Subject to the requirements imposed by section 31 -12 -105 (1) (e),
contiguity may be established by the annexation of one or more parcels in a series, which annexations
may be completed simultaneously and considered together for the purposes of the public hearing
required by sections 31 -12 -108 and 31 -12 -109 and the annexation impact report required by section 31-
12- 108.5.
b) That a community of interest exists between the area proposed to be annexed and the annexing
municipality; that said area is urban or will be urbanized in the near future; and that said area is
integrated with or is capable of being integrated with the annexing municipality. The fact that the area
proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of
this subsection (1) shall be a basis for a finding of compliance with these requirements unless the
governing body, upon the basis of competent evidence presented at the hearing provided for in section
31 -12 -109, finds that at least two of the following are shown to exist:
I) Less than fifty percent of the adult residents of the area proposed to be annexed make use of
part or all of the following types of facilities of the annexing municipality: Recreational, civic, social,
religious, industrial, or commercial; and less than twenty -five percent of said area's adult residents
are employed in the annexing municipality. If there are no adult residents at the time of the
hearing, this standard shall not apply.
II) One -half or more of the land in the area proposed to be annexed (including streets) is
agricultural, and the landowners of such agricultural land, under oath, express an intention to
devote the land to such agricultural use for a period of not less than five years.
III) It is not physically practicable to extend to the area proposed to be annexed those urban
services which the annexing municipality provides in common to all of its citizens on the same
terms and conditions as such services are made available to such citizens. This standard shall not
apply to the extent that any portion of an area proposed to be annexed is provided or will within
the reasonably near future be provided with any service by or through a quasi - municipal
corporation.
Response: The total perimeter of the subject property is 2,049.29 Iinear feet. The contiguous portion of
the boundary is 813.98 linear feet. The total contiguous boundary is 39.7% of the total perimeter of
the subject property. This is approximately 2.38 times greater than the minimum requirement of one -
sixth (1 /6) thus the property proposed for annexation meets the contiguity requirement. In addition,
none of the conditions described in the above exception items (1)(b)(I), (1)(b)(11) or (1)(b)(111) apply to
the subject property.
Page 9 of 27
FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
2) (a) The contiguity required by paragraph (a) of subsection (1) of this section may not be established
by use of any boundary of an area which was previously annexed to the annexing municipality if the
area, at the time of its annexation, was not contiguous at any point with the boundary of the annexing
municipality, was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and
was located more than three miles from the nearest boundary of the annexing municipality, nor may
such contiguity be established by use of any boundary of territory which is subsequently annexed
directly to, or which is indirectly connected through subsequent annexations to, such an area.
b) Because the creation or expansion of disconnected municipal satellites, which are sought to be
prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31 -12-
102 and the limitations of this article, any annexation which uses any boundary in violation of this
subsection (2) may be declared by a court of competent jurisdiction to be void ab initio in addition to
other remedies which may be provided. The provisions of section 31 -12 -116 (2) and (4) and section 31-
12 -117 shall not apply to such an annexation. Judicial review of such an annexation may be sought by
any municipality having a plan in place pursuant to section 31 -12 -105 (1) (e) directly affected by such
annexation, in addition to those described in section 31 -12 -116 (1). Such review may be, but need not
be, instituted prior to the effective date of the annexing ordinance and may include injunctive relief.
Such review shall be brought no later than sixty days after the effective date of the annexing ordinance
or shall forever be barred.
c) Contiguity is hereby declared to be a fundamental element in any annexation, and this subsection (2)
shall not in any way be construed as having the effect of legitimizing in any way any noncontiguous
annexation.
Response: The proposed annexation does not create a disconnected municipal satellite, and although
the boundary used to establish contiguity is a boundary shared with a property that was previously
annexed, the previously annexed property met the 1/6 contiguity requirement at the time of its
annexation.
31 -12 -105 C.R.S. Limitations
1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to
all annexations:
a) In establishing the boundaries of any territory to be annexed, no land held in identical ownership,
whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of
real estate, shall be divided into separate parts or parcels without the written consent of the
landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other
public way.
b) In establishing the boundaries of any area proposed to be annexed, no land held in identical
ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or
parcels of real estate, comprising twenty acres or more (which, together with the buildings and
improvements situated thereon has a valuation for assessment in excess of two hundred thousand
dollars for ad vabrem tax purposes for the year next preceding the annexation) shall be included under
this part 1 without the written consent of the landowners unless such tract of land is situated entirely
within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the
application of this paragraph (b), contiguity shall not be affected by a dedicated street, road, or other
public way.
Page 10 of 27 FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
c) No annexation pursuant to section 31 -12 -106 and no annexation petition or petition for an
annexation election pursuant to section 31 -12 -107 shall be valid when annexation proceedings have
been commenced for the annexation of part or all of such territory to another municipality, except in
accordance with the provisions of section 31 -12 -114. For the purpose of this section, proceedings are
commenced when the petition is filed with the clerk of the annexing municipality or when the resolution
of intent is adopted by the governing body of the annexing municipality if action on the acceptance of
such petition or on the resolution of intent by the setting of the hearing in accordance with section 31-
12 -108 is taken within ninety days after the said filings if an annexation procedure initiated by petition
for annexation is then completed within the - one hundred fifty days next following the effective date of
the resolution accepting the petition and setting the hearing date and if an annexation procedure
initiated by resolution of intent or by petition for an annexation election is prosecuted without
unreasonable delay after the effective date of the resolution setting the hearing date.
d) As to any annexation which will result in the detachment of area from any school district and the
attachment of the same to another school district, no annexation pursuant to section 31 -12 -106 or
annexation petition or petition for an annexation election pursuant to section 31 -12 -107 is valid unless
accompanied by a resolution of the board of directors of the school district to which such area will be
attached approving such annexation.
e) (1) Except as otherwise provided in this paragraph (e), no annexation may take place that would have
the effect of extending a municipal boundary more than three miles in any direction from any point of
such municipal boundary in any one year. Within said three -mile area, the contiguity required by section
31 -12 -104 (1) (a) may be achieved by annexing a platted street or alley, a public or private right -of -way,
a public or private transportation right -of -way or area, or a lake, reservoir, stream, or other natural or
artificial waterway. Prior to completion of any annexation within the three -mile area, the municipality
shall have in place a plan for that area that generally describes the proposed location, character, and
extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks,
aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light,
sanitation, transportation, and power to be provided by the municipality and the proposed land uses for
the area. Such plan shall be updated at least once annually. Such three -mile limit may be exceeded if
such limit would have the effect of dividing a parcel of property held in identical ownership if at least
fifty percent of the property is within the three -mile limit. In such event, the entire property held in
identical ownership may be annexed in any one year without regard to such mileage limitation. Such
three -mile limit may also be exceeded for the annexation of an enterprise zone.
II) Prior to completion of an annexation in which the contiguity required by section 31 -12 -104 (1) (a) is
achieved pursuant to subparagraph (I) of this paragraph (e), the municipality shall annex any of the
following parcels that abut a platted street or alley, a public or private right -of -way, a public or private
transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway,
where the parcel satisfies all of the eligibility requirements pursuant to section 31 -12 -104 and for which
an annexation petition has been received by the municipality no later than forty -five days prior to the
date of the hearing set pursuant to section 31 -12 -108 (1):
A) Any parcel of property that has an individual schedule number for county tax filing purposes upon
the petition of the owner of such parcel;
B) Any subdivision that consists of only one subdivision filing upon the petition of the requisite number
of property owners within the subdivision as determined pursuant to section 31 -12 -107; and
Page 11 of 27
FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
C) Any subdivision filing within a subdivision that consists of more than one subdivision filing upon the
petition of the requisite number of property owners within the subdivision filing as determined pursuant
to section 31 -12 -107.
e.1) The parcels described in subparagraph (II) of paragraph (e) of this subsection (1) shall be annexed
under the same or substantially similar terms and conditions and considered at the same hearing and in
the same impact report as the initial annexation in which the contiguity required by section 31 -12 -104
1) (a) is achieved by annexing a platted street or alley, a public or private right -of -way, a public or
private transportation right -of -way or area, or a lake, reservoir, stream, or other natural or artificial
waterway. Impacts of the annexation upon the parcels described in subparagraph (II) of paragraph (e) of
this subsection (1) that abut such platted street or alley, public or private right -of -way, public or private
transportation right-of-way or area, or lake, reservoir, stream, or other natural or artificial waterway
shall be considered in the impact report required by section 31 -12- 108.5. As part of the same hearing,
the municipality shall consider and decide upon any petition for annexation of any parcel of property
having an individual schedule number for county tax filing purposes, which petition was received not
later than forty -five days prior to the hearing date, where the parcel abuts any parcel described in
subparagraph (II) of paragraph (e) of this subsection (1) and where the parcel otherwise satisfies all of
the eligibility requirements of section 31 -12 -104.
e.3) In connection with any annexation in which the contiguity required by section 31 -12 -104 (1) (a) is
achieved by annexing a platted street or alley, a public or private right -of -way, a public or private
transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway,
upon the latter of ninety days prior to the date of the hearing set pursuant to section 31 -12 -108 or upon
the filing of the annexation petition, the municipality shall provide, by regular mail to the owner of any
abutting parcel as reflected in the records of the county assessor, written notice of the annexation and
of the landowner's right to petition for annexation pursuant to section 31 -12 -107. Inadvertent failure to
provide such notice shall neither create a cause of action in favor of any landowner nor invalidate any
annexation proceeding.
f) In establishing the boundaries of any area proposed to be annexed, if a portion of a platted street or
alley is annexed, the entire width of said street or alley shall be included within the area annexed.
g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipality shall not deny
reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted
street or alley which has been annexed by the municipality but is not bounded on both sides by the
municipality.
h) The execution by any municipality of a power of attorneyfor real estate located within an
unincorporated area shall not be construed to comply with the election provisions of this article for
purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance
with the procedures set forth in this article.
Response: None of the limitations described above are applicable to this annexation request.
Page 12 of 27
FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
B. Local annexation criteria
AACP Compliance
Annexation requests should be reviewed for compliance with the Aspen Area Community Plan.
Annexation of certain lands could facilitate accomplishment of the plan's goals, objectives, or specific
action items. Newly annexed properties should be assigned zoning supporting public policy directives of
the AACP.
Response: While the initial zoning request for the subject property is SCI — Service, Commercial,
Industrial (which will facilitate the continued operation of the current lumber yard operation on the
site), the future development intent of the site is for affordable housing. A future land use application
separate from this annexation request) will be processed by the City of Aspen to request that the
property be rezoned as AH -PUD. The AH -PUD designation will be requested based on affordable
housing development plans that will be developed in the future for that specific purpose. This effort is
underway in an effort to fulfill the housing goals established in the AACP.
Urban Growth Boundary (UGBI
The City of Aspen and Pitkin County jointly approved Aspen's Urban Growth Boundary via adoption of
the 2000 AACP. The UGB identifies the land surrounding Aspen as either appropriate for urban
development (within the UGB) or inappropriate for urban development (outside the UGB). Land within
the UGB is expected to become part of the City's urbanized area and should be considered appropriate
for annexation.
Land outside the UGB should only be annexed as a method of preserving the non -urban character of
lands surrounding Aspen. The UGB does not necessarily need to be amended unless the land is intended
for an urban level of development. Annexation of land outside the UGB, in fact, may serve a significant
public purpose.
Response: The subject property is located within the UGB and falls into the category of "Aspen
Business Center and North Forty" as described in the City of Aspen Annexation Plan of September
2005.
Significant Annexations
Changing the regulatory structure and jurisdiction of significant community facilities, large
developments, and large tracts of vacant land present considerable potential for community change.
These annexation proposals should involve discussion between the Aspen City Council and the Pitkin
County Board of County Commissioners. Ajoint work session at which various land use issues are
discussed can only benefit the City in it analysis of a significant annexation. For example: properties
entitled by the County and annexed into the City can require complex administration of development
rights, especially when amendments are requested. Discussing the primary elements of the land use
review can simplify administration and provide benefit to the annexing landowner.
Likewise, certain annexation proposals may present concerns to other governmental and quasi-
governmental agencies with jurisdiction or other interest in the property. As necessary, formal referral
comments or work session-format meetings can be held to identify these concerns.
Response: Based on the description above, the subject property is not considered a significant
annexation.
FINAL DRAFT
Page 13 of 27
City of Aspen September 10, 2009
Annexation Request
Fiscal Impact Analysis
The City should fully understand the financial implication of assuming additional lands upon each of its
functions. The City Finance Department has modeled fiscal impacts of recent significant annexations and
this information has been critical in determining the appropriateness of annexation. Certain capital
improvements may be necessary as well as additional operation and service costs. These need to be
balanced with additional special fund revenues that are gained.
Pitkin County voters adopted a 2 percent Countywide sales tax, including a provision distributing 47
percent of the tax proceeds to Pitkin County and 53 percent to the City of Aspen. At some point, the
distribution of countywide sales tax may need to be reconsidered as more service responsibilities shift
to the City.
Response: In the short term, the City will benefit from the increased revenues associated with sales tax
and building materials tax generated from the existing lumber yard operation on the property. At the
time when the City develops plans for affordable housing at the site, part of the integrated design
process will be to create a comprehensive budget for site redevelopment. At that time, costs to
upgrade utilities to the site will be quantified.
Development Rights /Zoning
Development rights associated with a property in Pitkin County verses those if the property is annexed
into the City of Aspen should be considered. Annexations are typically associated with a proposal to
further develop the property. Traditionally, the City weighs an increase in development rights in relation
to accomplishment towards community goals available through annexation.
A complete understanding of a property's development potential, prior to annexation, should include a
zoning build -out analysis considering regulatory limitations, such as growth management and impact
fees, and regulatory incentives, such as the use of Transferable Development Rights. The public policy of
such regulations and the impact of changing the regulatory structure upon the City should be
considered.
Zoning of newly annexed land should approximate development rights prior to annexation, unless a site -
specific development plan is approved concurrent with annexation. The creation of non - conformities
should be avoided, although custom legislation to address special interests can further complicate the
City's regulatory environment.
The City should encourage the legalization of "bandit units" through the City's Accessory Dwelling Unit
provisions to ensure compliance with the health and safety standards of the Uniform Building Code.
These units should be expected in older subdivisions surrounding Aspen.
Response: The City funded the 2007 purchase of the subject property from the 150 Housing Fund. In a
future land use application (not part of this application), the City will request approval for an
affordable housing development at the subject property as well as rezoning to City of Aspen AH -PUD.
It is also the intention of the City to combine the subject property in the future with a portion of the
adjacent Burlingame Lot IA property (a subdivision which will also be requested at a future date) to
create a larger parcel for affordable housing development at the subject property. None of those
future requests are part of this current application. However, as part of the current application it is
nonetheless required to compare the development constraints for the current zoning versus the
proposed new zoning for the subject property.
Page 14 of 27
FINAL DRAFT
City of Aspen
September 10, 2009
Annexation Request
The subject property is currently zoned Pitkin County 82, which "is intended to provide for the
establishment of commerdal and low - intensity, non - polluting industrial uses that do not require or
generate high customer traffic volumes and to permit customary accessory uses, including a small
portion of the land area in high density, long -term residential dwelling units. " The maximumallowablefloorareaforthesubjectpropertyunderitscurrentzoning, Pitkin County 82, is 72,605.9 sq
ft. The current lumber yard operation is in compliance with an existing 24,316.8 sq ft of FAR.
The purpose of the Service /Commercial /Industrial (SCl/ zone district is to preserve and enhance
locally- serving, primarily non -retail small business areas to ensure a more balanced permanent
community; to protect the few remaining such small business parks historically used primarily for light
industrial uses, manufacturing, repair, storage and servicing of consumer goods, with limited retail,
showroom, or customer reception areas. The SCI zone district contains uses that may not be
appropriate in other zone districts or do not require or generate high customer traffic volumes, and
permits customary accessory uses. ... SCI uses which may use up to 100% of the floor area for retail
sales, showroom, or customer reception include the manufacturing, repair, customizing, servicing,
detailing, sales, and rental of consumer goods such as building materials, components, hardware,
fixtures, interior finishes and equipment."
Under the proposed City of Aspen SCI zoning, the maximum allowable floor area for the subject
property would be 302,524.5 sq ft. However, expansion of the existing lumber yard operation is not
part of the current request. A comparison of the property under City and County zoning is as follows:
Dimension Proposed: City of Aspen — SCI Existing: Pitkin county — B2
Actual Lot Size 201,683 sq ft 201,683 sq ft
Minimum Lot Size 3,000 sq ft 6,000 sq ft
Minimum Front Setback No requirement 30 ft
Minimum Side Setback No requirement 10 ft
Minimum Rear Setback No requirement 10 ft
Maximum Height 35 feet 28ft
Floor Area Ratio 1.5:1 (commercial use)0.36:1
Allowable Floor Area 302,524.5 sq ft 72,605.9 sq ft
Pitkin County Transferable Development Rights
Certain lands in the County within the City's annexation area are eligiblefor increased development
rights through the extinguishment of transferable development rights (TDRs). Certain site specific
approvals granted in Pitkin County may involve or require the use of TDRs. And, certain development
may have already occurred by use of these TDRs necessitating acknowledgement of the realized
increased development right.
Until the City adopts a program for accepting Pitkin County Transferable development Rights, each
individual annexation request should include an analysis of TDR- contingent land use scenarios and, if
necessary, an agreement should be reached describing the future use of Pitkin County TDRs within the
newly annexed area.
Response: The proposed annexation does not contemplate the use of Pitkin county TORS.
FINAL DRAFT
Page 15 of 27
City of Aspen September 10, 2009
Annexation Request
Usefulness and aoarooriateness of each jurisdiction's regulations
As Aspen City limits expand beyond the original townsite, the effects of environmental constraints and
hazards on development increase. Pitkin County's 1041 regulations address development on steep
slopes, in wildfire hazard areas, in rockfall and avalanche hazard areas, and within wildlife corridors. The
City's Environmentally Sensitive Area review standards address flood hazard areas and development
above the 8,040 -foot elevation.
The County's regulations primarily attempt to minimize land use intensity and minimize the
infrastructure and operational effects of development. The City's land use code encourages the intense
use of land and addresses urban development issues, such as architectural character. In transition areas,
the City's PUD regulations should be used to establish an appropriate balance.
Design standards for public improvements also reflect the rural and urban aspect of each jurisdiction.
The appropriateness of each jurisdiction's development regulations and design standards should be
considered in each annexation. The acceptance of substandard public improvements and potential
public costs of upgrading those facilities should also be considered. The City may require certain facilities
be upgraded prior to annexation. Alternatively, the City may require a cash payment to accommodate
expected City capital improvement and operational expenses.
The City currently has no experience administering remote backcountry and Forest Service lands. These
lands could require significant changes to the City's emergency services. The public costs of annexing
remote lands should be considered in relation to the public goals of such an action.
Aspen recently adopted the Ski Area Base (SKI) Zone District to administer development at the base of
ski areas. The zoning provides for a mixture of skiing, recreational, commercial, and tourist - oriented
uses and requires adoption of a Planned Unit Development. This zoning was applied to Aspen Highlands
Base Village and may be appropriate for the Buttermilk Ski Area base, upon annexation.
Response: Given the location and the current use of the subject property as a lumber yard operation,
there are no short term concerns regarding Pitkin County's 1041 regulations nor are there any issues
of architectural character. For future development of the site as affordable housing, architectural
character will be one of a number of primary design criteria for the affordable housing planning and
design effort along with the existing covenants that exist on the subject property - which will require a
significant amount of additional research, planning and design consideration as part of the future
affordable housing land use application for the subject property.
Page 16 of 27
FINAL DRAFT
City of Aspen
September 10, 2009
Annexation Request
Infrastructure and Ability to Serve
Annexation reviews typically focus a great deal of fiscal analysis on the potential extension of urbanservicestoannexedterritories. Cost, capacity, and engineering issues related extension of the City'smunicipalwatersystemtodevelopinglandontheurbanfringeisasignificantannexationissue.
Currently, there are several small water districts serving residences located outside the City's boundaries
but within the service area of the water system. These small districts may present a problem
s expensive,
or e ty
as their capital facilities may not be providing acceptable standards of service. Upgrading
and may become the responsibility of the City following annexation.
The County does not currently require new periphery development to join the City's municipal watersystem. However, these county development proposals must be reviewed by the City Council and foundincompliancewiththeAACPinordertoobtainCitywaterservice. In these cases, the City often requirescompliancewithCitydevelopmentregulations. Property owners developing a property eligible forannexationshouldconsulttheCity's Community Development Department and consider annexation.
Response: The property proposed for annexation is currently served by City municipal water anddistrictsanitarysewerservice. For the continued short-term operation of the lumber yard at the
subject property, there are no service upgrades contemplated. At the time when the City developsplansforaffordablehousingatthesite, part of the integrated design process will be to create acomprehensivebudgetforsiteredevelopment. At that time, costs to upgrade utilities to the site will
be quantified.
Simplicity of City Boundary
The City /County boundary has created confusion for citizens and staff responsible for enforcing publicpolicy. A complex boundary can complicate emergency service provision and, in extreme cases, defeateffortsofCitypoliceofficers. Annexations simplifying the boundary should be encouraged while those
further complicating the division should be avoided.
Response: To some extent, the proposed annexation does further complicate the City /Countyboundarybyisolatingparcel #2273503100045 (located adjacent to the southwest corner of the subjectproperty). This should not be a significant issue since there is Pitkin County land on the other side of
Hwy 82.
FINAL DRAFT
Page 17 of 27
n
City of Aspen September 10, 2009AnnexationRequest
IV. Initial Zoning
A. Completed Application
PROJECT:
Name: Aspen Airport Business Center, Block I, Lots 1 and 2 (Former BMC West Property)
Location: 38005 State Highway 82, Aspen, CO 81611
Indicate street address, lot & block number, legal description where appropriate)
Parcel ID #: 273503101801 and 273503101802
APPLICANT:
Name: City of Aspen
Address: 130 South Galena Street, Aspen, CO 81611
Phone #: 970- 920 -5000
REPRESENTATIVE:
Name: Steve Barwick, City Manager
Address: 130 South Galena Street, Aspen, CO 81611
Phone #: 970- 920 -5205
TYPE OF APPLICATION: (please check all that apply)
GMQS Exemption Conceptual PUD Temporary UseGMQSAllotmentFinalPUD (& PUD Amendment)Text/Map AmendmentSpecialReviewSubdivisionConceptualSPAESA — 8040 Greenline, Stream Margin,Subdivision Exemption (includes Final SPA (& SPAHallamLakeBluff, Mountain View Plane condominiumization)Amendment)
Commercial Design Review Lot Split Small Lodge Conversion/
ExpansionResidentialDesignVarianceLotLineAdjustmentConditional UseOther:
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
The property is currently zoned B2 — General Business in Pitkin County. The property is 201,683 square feet in size. ThesubjectpropertyiscurrentlyusedasexistingHarbertLumberoperation.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Annexation of the subject property into the City of Aspen and establish the newly annexed parcel's initial zoning as SCI —Service, Commercial, Industrial in the City of Aspen and continue the operation of the existing lumber yard.
Have you attached the following?FEES DUE: $
Z Pre - Application Conference Summary
Attachment #1, Signed Fee Agreement
N/A Response to Attachment #3, Dimensional Requirements Form
Z Response to Attachment #4, Submittal Requirements - Including Written Responses to Review StandardsN/A 3 -D Model for large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft WordFormat) must be submitted as part of the application. Large scale projects should include an electronic 3 -1) model. Your pre -application conference summary will indicate if you must submit a 3 -D model.
Page 18 of 27
FINAL DRAFT
a „d
THE CITY OF ASI'1;A
Community Development Department
Internal Funds Transfer
Date:1 7/20/; 0 1
Department 53- Ill G Aa 4y M \7I
Amount Requested: 12 0• no I
Account Number: II50,a 14p I
Permit Number:1 oo(o4- . 01.161.41
Permit Address:13 icor 5 hit fi
Permit Description: I z 3 vkgp j neC 0 ,4,4
Requested By: I 4k s v fl S Q r
Received By:6, G. 5vxc
t
September 10, 2009
City of Aspen
Annexation Request
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
cement for Payment of Cit of As en Develo meat A hcation Fees
and CITY OF ASPENCITYOFASPEN (hereinafter CITY)
a FOLLOWhereinafterAPPLICANT) AGREE
1.APPLICANT has submitted to CITY an application for
Annexation of the sub'ect I ro i e located at 38005 State : '.. hwa 82 into the Cit of As I en.
hereinafter, THE PROJECT).
2.APPLICANT understands and agrees that the City of Aspen has an adopted feestructureforLandUseapplicationsandthepaymentofallprocessingfeesisaconditionprecedentto
a determination of application completeness.
3.APPLICANT and CITY agree that because of the size, nature or scope of theproposedproject, it is not possible at this time to ascertain the full extent of the costs involved inprocessingtheapplication. APPLICANT and CITY further agree that it is in the interest of thes
parties that APPLICANT make payment of an initial deposit and to
additional
it dditadditional c
to be billed to APPLICANT on a monthly basis. APPLICANT agreesfollowingtheirhearingsand/or approvals. APPLICANT agrees he will be benefited by retaininggreatercashliquidityandwillmakeadditionalpaymentsuponnotificationbytheCITYwhenthey
are necessary as costs are incurred. CITY agrees it will eefited through the greater certainty of
recovering its full costs to process APPLICANT'S application.
4.CITY and APPLICANT further agree that it is impracticable for CITY staff tocompleteprocessingorpresentsufficientinformationtotheHistoricPreservationCommission,Planning and Zoning Commission and/or City Council to enable the Historic PreservationCommission, Planning and Zoning Commission and/or City Council to make legally requiredfindingsforprojectconsideration, unless current billings are paid in full prior to decision.
5.Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its rightallpayan
to collect full fees prior to a determination of application completeness,
s Community D
initial deposit in the amount of $which is for
staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional
monthly
essing of
post PPSuchperiodicpaymentsshall be made within 30 days of the billing date. APPLICANT further agreesthatfailuretopaysuchaccruedcostsshallbegroundsforsuspensionofprocessing, and in no casewillbuildingpermitsbeissueduntilallcostsassociatedwithcaseprocessinghavebeenpaid.
CITY OF ASPEN
APPLICANT
By:11--
By:
Chris Bendon
Community Development Director
Billing Address and Telephone Number:
Ci of As 130 South Galena Street.
A en CO 81611 (970)920 -50
Account # 150.23.23140.8
FINAL DRAFT
Page 19 of 27
r
City of Aspen
Annexation Request September 10, 2009
B. Pre - Application Conference Summary
CITY OF ASPEN
PREAPPLICATION CONFERENCE SUMMARY
PLANNER Erin Evans, 429 -2745 DATE: 11.052000PROJECT:38005 Highway 82REPRESENTATIVE:Adam Trzdnski
DESCRIPTION:The City owns two loll at the south end of the Airport Business Center. The
There
currently locatedcated in P County. On behalf d the
Properties are
properties located at 38005, Highway 82, for an affordable housing
like 10 anThearerecurrentlybusinessesoperatingonthepremiseswithalease. The lease wz
he
years, at that time the propertywfll be used for afbrdable housing.
a it a few
Annexation Is govemed by Colorado Revised State Statutes (CRS 31-12-102 et.seq.)Please refer to the City's annexation plan located at
hoot/ wHw.asoenphkin.com/pdfsideotsl41/annex plan.pdf for ai overview of the processandanexamplepetitionforannexation.
It is important to note that a property's pemreter boundary must have a minimum a nonmt of
contiguity with the City's boundary b be able to annex and that the subject property iscapableofbeingintegratedandserviced (utilities, etc.) by the City. The appicant may wishtoscheduleadevelopmentnoisycommitteemeetingtofindoutifanyngrovementswAbe
required of One property as a pant of an annexation agreement prior to submitting a petitionforapplication.
If the applicant Is not securing any development approvals al this time, other than the zoningdesignation, it wi be Important to include a summary in the annexation proposal on theexistingdevelopmentpotentialwithintheCountycomparedtothedevelopmentpotentialwithintheCity. Once the annexation peli0on is filed with the City Clerk, the City, through theAttorney's Office, males ens annexation process as outlined in the City's Annexation Plan.
As part of the annexation process, the City concurrently initiates zoning of the property to aCityzonedistrict
Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures
26.310 Amendments to Text and Zone District Map26.575.020 Calculating FAR
CRS 31 -12-102 st.seq. Cdorado State Statutes
http: / /www.as pendtkin .comldepts /38/citycode.cfm
Review by: Staff for complete application
Referral agencies for technical considerations
City Council for annexation process
Planning and Zoning Commission for recommendation on the zone district designation of the propertytotheCityCouncil
Public Hearing:Yes, at P8Z and City CouncilPlanningFees:52,940 Deposit for 12 hours of staff time (additional staff timeP required
p
is billed at $245 perhour) associated with the applicant initiated zoning d the subjectt propertyTotalDeposit:2,040
Page 20 of 27
FINAL DRAFT
September 10, 2009
City of Aspen
Annexation Request
Total number of application copies: 4 Copies of petition and map (state requirement)20 copies of zoning (Map Amendment) application
To apply, submttthefdfowing Information:
1. Total Deposit for review of application.2. Applicants name, address and telephone number, contained within a letter signed by the applicant stating the
name, address, and tga des pamof th parepresentativedevelopment Isact on behall of the
proposed to occur, consisting
3. Street address and l
ng of a
m a lge insuoSheafc
s of all
from a title
the pr , company,
and allpan attorney licensed , to practice
aments, contracts and
Colorado, rating
the names of all owners of the property, d
ring
e
thew
judgments
agreements affecting the parcel, and demonstrating the owner's tight to apply for the Development Application.4. Completed Land Use Apptwaron and annexation petition.5. Signed fee agreement (If applicable — there is no fee associated with submitting a petition for annexation and ifstaffinitiatesthezoningoftheproperty; however, 0 the applicant submits the request for zoning the fee Is
2,940.0).
6. Pre - application Conference Summary.7. An 8112" x 11' vicinity map locating the subject parcel within the City of Aspen.
8. Proof of ownership.
9. An annexation plat10. A site improvement survey that includes al existing natural and man -made site features.12. A written description of the proposal and a wdtten explanation of how a proposed developmentcomplieswiththereviewstandardsrelevanttothedevelopmentapplication.
13. All other materials required pursuant to the spec b iittp'equirremenabove) well as the text only on either of
the
A
ollo wfollowing digitita l formats. Compact
paperct Disk (CD referred, Z Disk or Floppy Disk. Microsoft Word format Isefolloingdigitalfm.ct p p
preferred. Text format easily convertible to Word Is acceptable.
Disclaimer.The foregoing summary Is advisory in nature only and is not binding on the City. The summary is based on current zoning,Mich Is subject to charge in the future, and upon factual representations that may or may not be accurate. The summary
does not create a legal or vested right.
FINAL DRAFT
Page 21 of 27
r-
o
City of Aspen
Annexation Request September 10, 2009
C. Vicinity Map
The su bject property is located at 38005 State Highway 82, Aspen Airport Business Center, Block 1, Lots1and2; across State Highway 82 from the south end of the Aspen /Pitkin County Airport.
VICINITY MAP
r.
N.
c T
SUBJECT
PROPERTY ACE R
I r
Page 22 of 27
FINAL DRAFT
r°"
September 10, 2009
City of Aspen
Annexation Request
D. Description of Compliance
Aspen Municipal Code Sec. 26.310.040, Land Use Regulations, General Procedures and Regulations,Amendments to the Land Use Code and Official Zone District Map, Standards of review:
In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map,the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
Response: The applicant proposes an initial zoning of SCI for the continued operation of the lumberyard. Because the current request will facilitate only the annexation of the property and the continuedoperationofthelumberyard, this request does not represent a new land use policy or a change in
land use policy.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community
Plan.
Response: While the initial zoning request for the subject property is SCI — Service, Commercial,industrial (which will facilitate the continued operation of the current lumber yard operation on thesite), the future development intent of the site is for affordable housing. A future land use applicationseparatefromthisannexationrequest) will be processed by the City of Aspen to request that thepropertyberezonedasAH -PUD. The AH -PUD designation will be requested based on affordablehousingdevelopmentplansthatwillbedevelopedinthefutureforthatspecificpurpose. This effort is
underway in an effort to full the housing goals established in the AACP.
C. Whether the proposed amendment is compatible with surrounding zone districts and land uses,
considering existing land use and neighborhood characteristics.
Response: This request will facilitate the continued operation of the current lumber yard operation onthesite. As such, this request does not create any adverse effects on the subject property's
neighborhood orsurrounding environment When the City develops lansfe affordable thou that
development at the subject property, a separate land use applicationthesubjectpropertyberezonedasAH -PUD. At that time, compliance with the AH-PUD zone district
will be established.
D. The effect of the proposed amendment on traffic generation and road safety.
Response: This request will facilitate the continued operation of the current lumber yard operation onthesite. As such, this request does not propose additional traffic generation that might contribute toroadsafetyissues. When the City develops plans for affordable housing development at the subjectproperty, a separate land use application will be submitted which will address traffic generation and
road safety for that (future) application.
E. Whether and the extent to which the proposed amendment would result in demands on publicfacilitiesandwhetherandtheextenttowhichtheproposedamendmentwouldexceedthecapacityofsuchpublicfacilitiesincluding, but not limited to, transportation facilities, sewage facilities, water
supply, parks, drainage, schools and emergency medical facilities.
Response: The property proposed for annexation is currently served by City municipal water anddistrictsanitarysewerservice. For the continued short-term operation of the lumber yard at the
FINAL DRAFT
Paee 23 of 27
City of Aspen
September 10, 2009AnnexationRequest
subject property, there will be no additional demands on public facilities, nor would the currentapplicationcausethecapacityoftransportationfacilities, sewage facilities, water supply, parks,drainage, schools or emergency medical facilities be in any way exceeded beyond current uses.
F. Whether and the extent to which the proposed amendment would result in significantly adverseimpactsonthenaturalenvironment.
Response: This request will facilitate the continued operation of the current lumber yard operation onthesite. As such, this request would not result in signlficantly adverse impacts on the naturalenvironment.
G. Whether the proposed amendment is consistent and compatible with the community character in theCity.
Response: The current lumber yard operation on the site is immediately adjacent to the City of Aspenaspreviouslydescribedinthisdocument. As such, the Petitioner attests that the existing lumber yardoperationisalreadyintegratedwithandthusconsistentwiththecommunitycharacterintheCity.
H. Whether there have been changed conditions affecting the subject parcel or the surroundingneighborhoodwhichsupporttheproposedamendment.
Response: Not Applicable
I. Whether the proposed amendment would be in conflict with the public interest and whether it is inharmonywiththepurposeandintentofthisTitle.
Response: eased on the above responses, the Petitioner attests that the proposed amendment would
not be in conflict with the public interest and that the proposed amendment is in harmony with thepurposeandintentoftheCityofAspenLandUseRegulations. This request meets all of the "Standardsofreview" criteria established in the above noted Section 26.310.040 of the City of Aspen Land UseRegulationsandassuchthePetitionerrequestsannexationandinitialzoningasrequested. Please seetheproposedzoningmapincludedinthenextsectionofthisapplication.
Page 24 of 27
FINAL DRAFT
City of Aspen
September 10, 2009
Annexation Request
D. Proposed Zoning Map
Proposed zoning map attached
FINAL DRAFT
on 0 7S of 77
City of Aspen
September 10, 2009AnnexationRequest
E. Improvement Survey (one full -size copy)
Improvement survey attached
Page 26 of 27
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City of Aspen September 10, 2009AnnexationRequest
F. Electronic Files (Compact Disk)
List of files to be included on CD
Annexation Request Document including land use application and forms
Annexation Plat
Proposed Zoning Map
Improvement Survey
Page 27 of 27
IAI non rT
MEMORANDUM
TO:Mayor Ireland and Aspen City Council
FROM:Chris Bendon, Community Development Directo>1 J4j
MEETING DATE:February 28, 2011
JYVY•'
RE Amendment to the Zone District Map — Zoning of the
BMC West property
2 " Reading of Ordinance No. 6, Series of 2011
APPLICANT /OWNER:STAFF RECOMMENDATION:
City of Aspen Staff recommends City Council assign the
property to the Service Commercial
REPRESENTATIVE:Industrial Zone District with a Planned
Steve Barwick, City Manager Unit Development overlay SCI -PUD).
Scott Miller, Asset Manager And, staff recommends Council approve a
Chris Everson, Project Manager PUD Plan reflecting current conditions.
LOCATION:P&Z RECOMMENDATION:
38005 Highway 82 The Planning and Zoning Commission
recommended in favor or this application
SUMMARY:by a five to zero vote.
This property is being considered for
annexation. If annexed, the City needs to
provide the property with zoning within 90
days.
LAND USE REQUEST AND REVIEW PROCEDURES: The application requires
the following reviews:
Amendment to the Zone District Map [Initial Zoning] — An application for
Amendment to the Zone District Map, pursuant to Land Use Code Section
26.310.020, requires the Planning and Zoning Commission, at a public hearing,
forward a recommendation to City Council. The City Council is the final
decision - making body.
Consolidated Conceptual and Final PUD — An application for Consolidated
Conceptual and Final PUD, pursuant to Land Use Code Section 26.445.030(B)2,
requires the Planning and Zoning Commission, at a public hearing, forward a
recommendation to City Council. The City Council is the final decision - making
body.
BACKGROUND: The City of Aspen purchased the 4.6 -acre BMC West property in
December 2007, with the long -term intent of developing affordable housing. However,
the City has no intent to initiate a public process to plan the property for at least three to
five years. In the meantime, the City has a fiduciary responsibility to its taxpayers toannexthepropertyinordertocollectpropertytax, sales tax and Construction Materials
Use tax. Applicant is in a parallel review process for annexation.
The intent at this time is to essentially "freeze" the site in its current condition as a
lumber yard. This will be accomplished by the adoption of a Final PUD Plan that
establishes the dimensional requirements and use of the parcel as they are today,
referencing the 2009 Improvement Survey Plat (see application). A new development
plan for the parcel would require a full review by the Planning and Zoning Commission
and City Council either through a PUD Amendment or rezoning — and very likely both.
STAFF FINDINGS: Many of the standards of review for an Amendment to the Zone
District Map do not apply in this case, because there is no "proposed development." Forexample, standards for an Amendment to the Zone District Map ask whether the proposal
is "compatible with surrounding zone districts;" if it would have an impact on "traffic
generation;" if it would place "demands on public facilities;" or if it would have "adverse
impacts on the natural environment."
If the City were seeking only to have the subject parcel rezoned to
Service /Commercial /Industrial, the applicant would need to conduct an analysis of the
potential build -out of the parcel under the allowances of the S /C /I Zone District.However, by adopting a Final PUD Plan that effectively "freezes" the current condition
in place, this application does not include any "proposed development." The concept is
that once the City is ready to move forward with a development plan in approximately
three to five years, a land use application would be submitted, resulting in a
comprehensive land use review.
Therefore, this Amendment to the Zone District Map would not have any impact on
surrounding zone districts, traffic generation, public facilities or infrastructure, or the
natural environment.
RECOMMENDATION: Staff finds that the application meets or exceeds the standards
of review. Staff recommends the property be zoned SCI -PUD and the existing conditions
be considered the approved PUD plan.
RECOMMENDED MOTION: "I move the adoption of Ordinance No. 6, Series of
2011."
ATTACHMENTS:
Exhibit A — Application — Provided in February 14 packet
Exhibit B — Staff Findings for Amendment to Zone District Map
Exhibit C — Staff findings for Final PUD Plan
Exhibit D — P &Z Minutes
0 titwit.la
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City Limits
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MEMORANDUM V/ 14
TO:Mayor Ireland and Aspen City Council
FROM:Chris Bendon, Community Development Director M
MEETING DATE:February 14, 2011
RE:Amendment to the Zone District Map — Zoning of the
BMC West property
1 Reading of Ordinance No. (0 Series of 2011
Second reading scheduled for February 28th
APPLICANT /OWNER:STAFF RECOMMENDATION:
City of Aspen Staff recommends City Council assign the
property to the Service CommercialREPRESENTATIVE:Industrial Zone District with a PlannedSteveBarwick, City Manager Unit Development overlay SCI -PUD).Scott Miller, Asset Manager And, staff recommends Council approve aChrisEverson, Project Manager PUD Plan reflecting current conditions.
LOCATION:P &Z RECOMMENDATION:
38005 Highway 82 The Planning and Zoning Commission
recommended in favor or this applicationSUMMARY:by a five to zero vote.
This property is being considered for
annexation. If annexed, the City needs to
provide the property with zoning within 90
days.
LAND USE REQUEST AND REVIEW PROCEDURES: The application requiresthefollowingreviews:
Amendment to the Zone District Map [Initial Zoning] — An application for
Amendment to the Zone District Map, pursuant to Land Use Code Section
26.310.020, requires the Planning and Zoning Commission, at a public hearing,forward a recommendation to City Council. The City Council is the final
decision - making body.
Consolidated Conceptual and Final PUD — An application for Consolidated
Conceptual and Final PUD, pursuant to Land Use Code Section 26.445.030(B)2,requires the Planning and Zoning Commission, at a public hearing, forward a
recommendation to City Council. The City Council is the final decision - makingbody.
BACKGROUND: The City of Aspen purchased the 4.6 -acre BMC West property in
December 2007, with the long -term intent of developing affordable housing. However,
the City has no intent to initiate a public process to plan the property for at least three to
five years. In the meantime, the City has a fiduciary responsibility to its taxpayers to
annex the property in order to collect property tax, sales tax and Construction Materials
Use tax. Applicant is in a parallel review process for annexation.
The intent at this time is to essentially "freeze" the site in its current condition as a
lumber yard. This will be accomplished by the adoption of a Final PUD Plan that
establishes the dimensional requirements and use of the parcel as they are today,
referencing the 2009 Improvement Survey Plat (see application). A new development
plan for the parcel would require a full review by the Planning and Zoning Commission
and City Council either through a PUD Amendment or rezoning — and very likely both.
STAFF FINDINGS: Many of the standards of review for an Amendment to the Zone
District Map do not apply in this case, because there is no "proposed development." For
example, standards for an Amendment to the Zone District Map ask whether the proposal
is "compatible with surrounding zone districts;" if it would have an impact on "traffic
generation;" if it would place "demands on public facilities;" or if it would have "adverse
impacts on the natural environment."
If the City were seeking only to have the subject parcel rezoned to
Service /Commercial/Industrial, the applicant would need to conduct an analysis of the
potential build -out of the parcel under the allowances of the S /C /I Zone District.
However, by adopting a Final PUD Plan that effectively "freezes" the current condition
in place, this application does not include any "proposed development." The concept is
that once the City is ready to move forward with a development plan in approximately
three to five years, a land use application would be submitted, resulting in a
comprehensive land use review.
Therefore, this Amendment to the Zone District Map would not have any impact on
surrounding zone districts, traffic generation, public facilities or infrastructure, or the
natural environment.
RECOMMENDATION: Staff finds that the application meets or exceeds the standards
of review. Staff recommends the property be zoned SCI -PUD and the existing conditions
be considered the approved PUD plan.
RECOMMENDED MOTION: "I move the adoption of Ordinance No.(0, Series of
2011, upon first reading."
ATTACHMENTS:
Exhibit A — Application
Exhibit B — Staff Findings for Amendment to Zone District Map
Exhibit C — Staff findings for Final PUD Plan
ORDINANCE NO. 1,o ,
SERIES OF 2011)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL REZONING TO
THE SERVICE COMMERCIAL INDUSTRIAL ZONE DISTRICT AND
APPROVING A FINAL PLANNED UNIT DEVELOPMENT PLAN FOR THE
FORMER BMC WEST PROPERTY LOCATED AT 38005 STATE HIGHWAY 82,
ASPEN AIRPORT BUSINESS CENTER, BLOCK 1, LOTS 1 AND 2, CITY OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 273503101801 and 2 73 5031 01 802
WHEREAS, the Community Development Department received an application
from the City of Aspen, represented by City Manager Steve Barwick, requesting approval
of an Amendment to the Zone District Map and a final Planned Unit Development
PUD), for the property at 38005 State Highway 82, commonly known as the BMC West
property, and legally described as Lots 1 and 2, Block 1, Aspen Airport Business Center,
Pitkin County, Colorado; and,
WHEREAS, the property is located at 38005 State Highway 82, and is zoned B2
General Business) in Pitkin County; and,
WHEREAS, the Applicant requested and received annexation into the City of
Aspen and the City has a requirement to designate zoning for the property; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department found that the application meets or exceeds
applicable standards of review and recommended the property be zoned into the Service
Commercial Industrial Zone District with a Planned Unit Development overlay (SCI -PUD);
and,
WHEREAS, the Planning and Zoning Commission reviewed and considered the
proposal under the applicable provisions of the Municipal Code, has reviewed and
considered the recommendation of the Community Development Director, and has taken
and considered public comment; and,
WHEREAS, during a duly noticed public hearing on February 1, 2011, the
Planning and Zoning Commission approved Resolution No. 1, Series of 2011, by a five to
zero vote, recommending approval of an Amendment to the Zone District Map, initially
zoning the property as Service Commercial Industrial with Planned Unit Development
overlay (SCI -PUD), and recommending the Aspen City Council approve a Final PUD plan
reflecting existing dimensions; and,
WHEREAS, the Aspen City Council reviewed and considered the proposal under
the applicable provisions of the Municipal Code, has reviewed and considered the
r.
recommendations of the Community Development Director and the Planning and Zoning
Commission, and has taken and considered public comment; and,
WHEREAS, during a duly noticed public hearing on February 28, 2011, the
Aspen City Council approved an Amendment to the Zone District Map, initially zoning the
property as Service Commercial Industrial with Planned Unit development overlay (SCI -
PUD), and approved a Final PUD plan reflecting existing dimensions; and,
WHEREAS, the City Council fords that the proposal meets or exceeds all
applicable standards and that assigning the subject property to the SCI -PUD Zone District is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1: Initial Zoning to SCI -PUD
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code
Section 26.310, Amendments to the Land Use Code and Official Zone District Map, The
Official Zone District Map of the City of Aspen shall be amended by the Community
Development Director to reflect Lots 1 and 2, Block 1, Aspen Airport Business Center, as
included in the Service Commercial Industrial Zone District with a Planned Unit
Development overlay (SCI -PUD). The Community Development Director shall use the
survey descriptions contained in the Improvement Survey Plat of April 22, 2009, attached
as Exhibit A, as the basis for determining the zoning boundaries.
Section 2: Approved PUD Dimensions
The dimensional allowances and limitations for Lots 1 and 2, Block 1, Aspen Airport
Business Center, shall be the existing conditions as outlined in Improvement Survey Plat
of April 22, 2009, attached as Exhibit A.
Section 3:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 5:
The City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
Public hearings on the Ordinance were held on the 28 day of February, 2011, at 5:00 p.m. in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Section 7:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14 day of February, 2011.
Attest:
Kathryn S. Koch,Michael C. Ireland,
City Clerk Mayor
FINALLY, adopted, passed and approved this day of 2011.
Attest:
Kathryn S. Koch,Michael C. Ireland,
City Clerk Mayor
Approved as to form:
City Attorney
Exhibit A: Improvement Survey Plat of April 22, 2009
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City of Aspen September 10, 2009
Annexation Request
IV. Initial Zoning
A. Completed Application
PROJECT:
Name: Aspen Airport Business Center, Block 1, Lots I and 2 (Former BMC West Property)
Location: 38005 State Highway 82, Aspen, CO 81611
Indicate street address, lot & block number, legal description where appropriate)
Parcel ID #: 273503101801 and 273503101802
APPLICANT:
Name: City of Aspen
Address: 130 South Galena Street, Aspen, CO 81611
Phone #: 970- 920 -5000
REPRESENTATIVE:
Name: Steve Barwick, City Manager
Address: 130 South Galena Street, Aspen, CO 81611
Phone #: 970 - 920 -5205
TYPE OF APPLICATION: (please check all that apply)
GMQS Exemption Conceptual PUD Temporary Use
GMQS Allotment Final PUD (& PUD Amendment)M Text/Map Amendment
Special Review Subdivision Conceptual SPA
ESA — 8040 Greenline, Stream Margin,Subdivision Exemption (includes n Final SPA (& SPA
Hallam Lake Bluff, Mountain View Plane condominiumization)Amendment)
Commercial Design Review Lot Split
Small Lodge Conversion/
Expansion
Residential Design Variance Lot Line Adjustment Conditional Use
L Other:
EXISTING CONDITIONS: (description of existing buildings, uses. previous approvals, etc.)
The property is currently zoned B2 — General Business in Pitkin County. The property is 201,683 square feet in size. The
subject property is currently used as existing Harbert Lumber operation.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Annexation of the subject property into the City of Aspen and establish the newly annexed parcel's initial zoning as SCI -
Service, Commercial, Industrial in the City of Aspen and continue the operation of the existing lumber yard.
Have you attached the following?FEES DI!E: $
M Pre - Application Conference Summary
M Attachment #1, Signed Fee Agreement
N/A Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
N/A 3 -D Model for large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word
Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre -
application conference summary will indicate if you must submit a 3 -D model.
Page 18 of 27 FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and CITY OF ASPEN
hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for
Annexation of the subject property, located at 38005 State Highway 82, into the City of Aspen.
hereinafter, THE PROJECT).
2.APPLICANT understands and agrees that the City of Aspen has an adopted fee
structure for Land Use applications and the payment of all processing fees is a condition precedent to
a determination of application completeness.
3.APPLICANT and CITY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs involved in
processing the application. APPLICANT and CITY further agree that it is in the interest of the
parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs
to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue
following their hearings and /or approvals. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CITY when they
are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANT'S application.
4.CITY and APPLICANT further agree that it is impracticable for CITY staff to
complete processing or present sufficient information to the Historic Preservation Commission,
Planning and Zoning Commission and /or City Council to enable the Historic Preservation
Commission, Planning and Zoning Commission and /or City Council to make legally required
findings for project consideration, unless current billings are paid in full prior to decision.
5.Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right
to collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amount of $which is for hours of Community Development
staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional
monthly billings to CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review at a rate of $245.00 per planner hour over the initial deposit.
Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees
that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case
will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By:By:
Chris Bendon
Community Development Director Date:
Billing Address and Telephone Number:
City of Aspen, 130 South Galena Street,
Aspen, CO 81611 (970)920 -5000
Account # 150.23.23140.82770
Page 19 of 27 FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
B. Pre - Application Conference Summary
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER:Errin Evans, 429 -2745 DATE: 11.05.2008
PROJECT:38005 Highway 82
REPRESENTATIVE:Adam Trzdnski
DESCRIPTION:The City owns two lots al the south end of the Airport Business Center. The properties are
currently located in Pdkin County. On behalf of the City, Adam would like to annex these
properties located at 38005, Highway 82, for an affordable housing prated. There are
currently businesses operating on the premises with a lease. The lease will expire in a few
years, at that time the property will be used for affordable housing.
Annexation is governed by Colorado Revised State Statutes (CRS 31-12-102 et.seq.)
Please refer to the Citys annexation plan located at
htlpl iwww. aspenplkm .com /pdfsldeplsl4l /armex plan.pdf for an overview of the process
and an example petition for annexation.
II is impatient to note that a property's perimeter boundary must have a minimum amount of
contiguity with the City's boundary to be able to annex and that the subject property is
capable of being integrated and serviced (utilities, etc.) by It* City. The applicant may wish
to schedule a development review committee meeting to find out if any improvements will be
required of the property as a part of an annexation agreement prior to submitting a petition
for application.
If the applicant is not securing any development approvals at this time, other than the zoning
designation, it will be important le include a summary in the annexation proposal on the
existing development potential within the County compared to the development potential
within the City. Once the annexation petition is filed with the City Clerk, the City, through the
Attorneys Office, Initiates the annexation process as outlined in the City's Annexation Plan.
As part of the annexation process, the City concurrently initiates zoning of the property to a
City zone district.
Relevant Lend Use Code Section(s): 26.304 Common Development Review Procedures
26.310 Amendments to Text and Zone District Map
26.575.020 Calculating FAR
CRS 31-12-102 et.seq. Colorado State Statutes
http: llwww, aspenpitkin .comldepts/38/citvcode.cfm
Review by: Staff for complete application
Referral agencies for technical considerations
City Council for annexation process
Planning and Zoning Commission for recommendation on the zone district designation of the property
to the City Council
Public Heaving:Yes, at P&Z and City Council
Planning Fees:2,940 Deposit for 12 hours of staff time (additional staff time required is billed at $245 per
hour) associated with the applicant initiated zoning of the subject property
Total Deposit:2,940
Page 20 of 27 FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
Total number of application copies: 4 Copies of petition and map (state requirement)
20 copies of zoning (Map Amendment) application
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant staling the
name, address, and telephone number of the representative authorized to act on behalf of the applicant.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title Insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owners right to apply for the Development Application.
4. Completed Land Use Application and annexation petition.
5. Signed fee agreement (if applicable — there is no fee associated with submitting a petition for annexation and if
staff initiates the zoning of the property; however, if the applicant submits the request for zoning the fee is
2,940.0).
6. Pre - application Conference Summary.
7. An 8112• x 11' vicinity map locating the subject parcel within the City of Aspen.
8. Proof of ownership.
9. An annexation plat.
10. A site improvement survey that includes all existing natural and man-made site features.
12. A written desorption of the proposal and a written explanation of how a proposed deveopment
complies with the review standards relevant to the development application.
13. All other materials required pursuant to the specific submittal requirements.
14. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of
the following digital formats. Compact Disk (CD)- preferred, Zip Disk or Floppy Disk. Microsoft Word format is
preferred. Text format easily convertible to Word is acceptable.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,
which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary
does not create a legal or vested right.
Page 21 of 27 FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
C. Vicinity Map
The subject property is located at 38005 State Highway 82, Aspen Airport Business Center, Block 1, Lots
1 and 2; across State Highway 82 from the south end of the Aspen /Pitkin County Airport.
VICINITY MAP
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No 060
SUBJECT
PROPERTY STAGE RD
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1
Page 22 of 27 FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
D. Description of Compliance
Aspen Municipal Code Sec. 26.310.040, Land Use Regulations, General Procedures and Regulations,
Amendments to the Land Use Code and Official Zone District Map, Standards of review:
In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map,
the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
Response: The applicant proposes an initial zoning of SCI for the continued operation of the lumber
yard. Because the current request will facilitate only the annexation of the property and the continued
operation of the lumber yard, this request does not represent a new land use policy or a change in
land use policy.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community
Plan.
Response: While the initial zoning request for the subject property is SCI — Service, Commercial,
Industrial (which will facilitate the continued operation of the current lumber yard operation on the
site), the future development intent of the site is for affordable housing. A future land use application
separate from this annexation request) will be processed by the City of Aspen to request that the
property be rezoned as AH -PUD. The AH -PUD designation will be requested based on affordable
housing development plans that will be developed in the future for that specific purpose. This effort is
underway in an effort to fulfill the housing goals established in the AACP.
C. Whether the proposed amendment is compatible with surrounding zone districts and land uses,
considering existing land use and neighborhood characteristics.
Response: This request will facilitate the continued operation of the current lumber yard operation on
the site. As such, this request does not create any adverse effects on the subject property's
neighborhood or surrounding environment. When the City develops plans for affordable housing
development at the subject property, a separate land use application will be submitted to request that
the subject property be rezoned as AH -PUD. At that time, compliance with the AH -PUD zone district
will be established.
D. The effect of the proposed amendment on traffic generation and road safety.
Response: This request will facilitate the continued operation of the current lumber yard operation on
the site. As such, this request does not propose additional traffic generation that might contribute to
road safety issues. When the City develops plans for affordable housing development at the subject
property, a separate land use application will be submitted which will address traffic generation and
road safety for that (future) application.
E. Whether and the extent to which the proposed amendment would result in demands on public
facilities and whether and the extent to which the proposed amendment would exceed the capacity
of such public facilities including, but not limited to, transportation facilities, sewage facilities, water
supply, parks, drainage, schools and emergency medical facilities.
Response: The property proposed for annexation is currently served by City municipal water and
district sanitary sewer service. For the continued short-term operation of the lumber yard at the
Page 23 of 27 FINAL DRAFT
City of Aspen September 10, 2009
Annexation Request
subject property, there will be no additional demands on public facilities, nor would the current
application cause the capacity of transportation facilities, sewage facilities, water supply, parks,
drainage, schools or emergency medical facilities be in any way exceeded beyond current uses.
F. Whether and the extent to which the proposed amendment would result in significantly adverse
impacts on the natural environment.
Response: This request will facilitate the continued operation of the current lumber yard operation on
the site. As such, this request would not result in significantly adverse impacts on the natural
environment.
G. Whether the proposed amendment is consistent and compatible with the community character in the
City.
Response: The current lumber yard operation on the site is immediately adjacent to the City of Aspen
as previously described in this document. As such, the Petitioner attests that the existing lumber yard
operation is already integrated with and thus consistent with the community character in the City.
H. Whether there have been changed conditions affecting the subject parcel or the surrounding
neighborhood which support the proposed amendment.
Response: Not Applicable
I. Whether the proposed amendment would be in conflict with the public interest and whether it is in
harmony with the purpose and intent of this Title.
Response: Based on the above responses, the Petitioner attests that the proposed amendment would
not be in conflict with the public interest and that the proposed amendment is in harmony with the
purpose and intent of the City of Aspen Land Use Regulations. This request meets all of the Standards
of review" criteria established in the above noted Section 26.310.040 of the City of Aspen Land Use
Regulations and as such the Petitioner requests annexation and initial zoning as requested. Please see
the proposed zoning map included in the next section of this application.
Page 24 of 27 FINAL DRAFT
Exhibit B
Amendment to Zone District Map Review Criteria & Staff Findings
Standards of Review: In reviewing an amendment to the text of this Title or an
amendment to the Official Zone District Map, the City Council and the Planning
and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of
this Title.
Staff Finding: The proposed amendment is not in conflict with any applicable portion of
this title, as the responses to standards of review illustrate below. The applicant proposes
an initial underlying zoning of Service /Commercial/Industrial, which is the only city zone
district that expressly permits a lumber yard. The applicant proposes a Planned Unit
Development (PUD) overlay with the express intent of "freezing" the existing
development on -site in its current condition, including the existing dimensions and use.
Any future change to the existing dimensions and use would require a rezoning and/or
PUD Amendment. The intent of the current request is to facilitate only the annexation of
the property and the continued operation of the lumber yard; this application does not
represent a proposed development. Staff believes this criterion is met.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Community Plan.
Staff Finding: The proposed amendment would make no changes to existing conditions.
However, the proposed amendment requires any future proposed development to rezone
and/or gain approval for a PUD Amendment. Both a rezoning or PUD review process
includes a criteria assuring that any future development must be "consistent with all
elements of the Aspen Area Community Plan." If the property is annexed, the City of
Aspen has an obligation to assign a zone district to the property. Staff believes S /C/I-
PUD for this property is consistent with all the elements of the AACP.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding: This request will facilitate the continued operation of the current lumber
yard operation on the site. As such, this request does not create any adverse effects on the
subject property's neighborhood or surrounding environment. Any future development
proposal must comply with this standard under rezoning, or similar standards under a
PUD Amendment. Under a future PUD Amendment, any future development proposal
must comply with a set of more specific criteria regarding compatibility. Staff believes
this criterion is met.
D. The effect of the proposed amendment on traffic generation and road safety.
BMC Zoning Exhibit B
Page 1
Staff Finding: This request will facilitate the continued operation of the current lumber
yard operation on the site. As such, this request does not propose additional traffic
generation that might contribute to road safety issues. Any future development proposal
must comply with this standard under rezoning, or similar standards under a PUD
Amendment. Under a future PUD Amendment, any future development proposal must
comply with a set of more specific criteria regarding traffic generation and road safety.
Staff believes this criterion is met.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities including, but not
limited to, transportation facilities, sewage facilities, water supply, parks, drainage,
schools and emergency medical facilities.
Staff Finding: The property proposed for annexation is currently served by City
municipal water and district sanitary sewer service. For the continued operation of the
lumber yard, there will be no additional demands on public facilities. Any future
development proposal must comply with this standard for rezoning, or similar standards
under a PUD Amendment. Under a future PUD Amendment, any future development
proposal must comply with a set of more specific criteria regarding public facilities.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Finding: This request will facilitate the continued operation of the current lumber
yard operation on the site. As such, this request would not result in significantly adverse
impacts on the natural environment. Any future development proposal must comply with
this standard under rezoning, or similar standards under a PUD Amendment. Under a
future PUD Amendment, any future development proposal must comply with a set of
more specific criteria regarding impacts on natural resources.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City.
Staff Finding: The existing lumber yard operation is already integrated with and thus
consistent with the community character in the City. Any future development proposal
must comply with this standard under rezoning, or similar standards under a PUD
Amendment. Under a future PUD Amendment, any future development proposal must
comply with a set of more specific criteria regarding "consistency with the character of
existing land uses in the surrounding area," as well as criteria regarding site design and
architectural character.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
BMC Zoning Exhibit B
Page 2
Staff Finding: The City has purchased this parcel and wishes to annex it at this time,
largely in fiduciary responsibility to city taxpayers through the future collection of
property and sales taxes. Any future rezoning proposal must comply with this standard.
I. Whether the proposed amendment would be in conflict with the public interest
and whether it is in harmony with the purpose and intent of this Title.
Staff Finding: Based on the above responses, the proposed amendment would not be in
conflict with the public interest and the proposed amendment is in harmony with the
purpose and intent of the City of Aspen Land Use Regulations. This request meets all of
the "Standards of review" criteria established in the above noted Section 26.310.040 of
the City of Aspen Land Use Regulations. Any future rezoning proposal must comply with
this standard.
BMC Zoning Exhibit B
Page 3
Exhibit C
PUD Review Criteria & Staff Findings
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
Staff Finding: The proposed amendment does not represent or reflect a "proposed
development," and would make no changes to existing conditions. However, the
proposed amendment requires any future proposed development to rezone and/or gain
approval for a PUD Amendment. Both a rezoning or PUD review process includes a
criteria assuring that any future development must be "consistent with all elements of the
Aspen Area Community Plan." This parcel is part of the urbanized area of Aspen. Staff
finds this criterion is met.
2. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
Staff Finding: The proposed amendment does not represent or reflect a "proposed
development," and would make no changes to existing conditions. The existing lumber
yard operation is already integrated with and thus consistent with the character in the
surrounding area.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
Staff Finding: The proposed amendment does not represent or reflect a "proposed
development," and would make no changes to existing conditions. Initial zoning and
PUD designation will not adversely effect future development of the surrounding area.
4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS or GMQS allotments are available to accommodate the proposed
development and will be considered prior to or in combination with, final PUD
development plan review.
Staff Finding: No GMQS allotments are being requested.
B. Establishment of dimensional requirements: The final PUD development plans
shall establish the dimensional requirements for all properties within the PUD as
described in General Provisions, Section 26.445.040, above. The dimensional
requirements of the underlying Zone District shall be used as a guide in determining
the appropriate dimensions for the PUD. During review of the proposed
dimensional requirements, compatibility with surrounding land uses and existing
BMC Zoning Exhibit C
Page 1
development patterns shall be emphasized. The proposed dimensional requirements
shall comply with the following:
1. The proposed dimensional requirements for the subject property are appropriate
and compatible with the following influences on the property:
a) The character of and compatibility with, existing and expected future land
uses in the surrounding area.
b) Natural or man -made hazards.
c) Existing natural characteristics of the property and surrounding area such as
steep slopes, waterways, shade and significant vegetation and landforms.
d) Existing and proposed man -made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking and historical resources.
Staff Finding: The proposed dimensional requirements in the Final PUD Plan limit
development on the site to existing conditions and uses. Staff finds criteria a -d are met.
2. The proposed dimensional requirements permit a scale, massing and quantity of
open space and site coverage appropriate and favorable to the character of the
proposed PUD and of the surrounding area.
Staff Finding: The proposed dimensional requirements in the Final PUD Plan limit
development on the site to existing conditions and uses. Staff finds the proposed
dimensional requirements are appropriate.
3. The appropriate number of off - street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed development
including any nonresidential land uses.
b) The varying time periods of use, whenever joint use of common parking is
proposed.
c) The availability of public transit and other transportation facilities, including
those for pedestrian access and /or the commitment to utilize automobile
disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the City.
Staff Finding: There is no proposed development. The proposed dimensional
requirements in the Final PUD Plan limit development on the site to existing conditions
and uses. Staff finds these criteria met. Any future PUD Amendment must comply with
this criteria.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a PUD
may be reduced if:
BMC Zoning Exhibit C
Page 2
Staff Finding: The proposed dimensional requirements in the Final PUD Plan limit
development on the site to existing conditions and uses.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum density
of a PUD may be reduced if:
Staff Finding: The proposed dimensional requirements in the Final PUD Plan limit
development on the site to existing conditions and uses.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns and
with the site's physical constraints. Specifically, the maximum density of a PUD may
be increased if:
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area plan
to which the property is subject.
b) The site's physical capabilities can accommodate additional density and there
exists no negative physical characteristics of the site, as identified in
Subparagraphs 4 and 5, above, those areas can be avoided or those
characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with and complimentary to, the surrounding existing and
expected development pattern, land uses and characteristics.
Staff Finding: Not applicable. There is not a proposal to increase allowable density.
C. Site design. The purpose of this standard is to ensure the PUD enhances public
spaces, is complimentary to the site's natural and man -made features and the
adjacent public spaces and ensures the public's health and safety. The proposed
development shall comply with the following:
1. Existing natural or man -made features of the site which are unique, provide
visual interest or a specific reference to the past or contribute to the identity
of the town are preserved or enhanced in an appropriate manner.
2. Structures have been clustered to appropriately preserve significant open
spaces and vistas.
3. Structures are appropriately oriented to public streets, contribute to the
urban or rural context where appropriate and provide visual interest and
engagement of vehicular and pedestrian movement.
4. Buildings and access ways are appropriately arranged to allow emergency
and service vehicle access.
5. Adequate pedestrian and handicapped access is provided.
BMC Zoning Exhibit C
Page 3
6. Site drainage is accommodated for the proposed development in a practical
and reasonable manner and shall not negatively impact surrounding
properties.
7. For nonresidential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with the
use.
Staff Finding: There is no proposed development at this time. Potential future
development or redevelopment will need to address these criteria. Staff believes
accepting current conditions on the parcel meets this standard C(1 -7).
D. Landscape plan. The purpose of this standard is to ensure compatibility of the
proposed landscape with the visual character of the City, with surrounding parcels
and with existing and proposed features of the subject property. The proposed
development shall comply with the following:
1. The landscape plan exhibits a well - designated treatment of exterior spaces,
preserves existing significant vegetation and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
2. Significant existing natural and man -made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding: There is no proposed development at this time. Potential future
development or redevelopment will need to address these criteria. Staff believes
accepting current conditions on the parcel meets this standard D(1 -3).
E. Architectural character.
1. Be compatible with or enhance the visual character of the City, appropriately
relate to existing and proposed architecture of the property, represent a
character suitable for and indicative of the intended use and respect the scale
and massing of nearby historical and cultural resources.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade and vegetation and by use of
non- or less - intensive mechanical systems.
3. Accommodate the storage and shedding of snow, ice and water in a safe and
appropriate manner that does not require significant maintenance.
Staff Finding: There is no proposed development at this time. Potential future
development or redevelopment will need to address this criteria. Staff believes accepting
current conditions on the parcel meets standards E(1 -3).
BMC Zoning Exhibit C
Page 4
F. Lighting. The purpose of this standard to ensure the exterior of the development
will be lighted in an appropriate manner considering both Public Safety and general
aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands. Lighting of site
features, structures and access ways is proposed in an appropriate manner.
2. All exterior lighting shall in compliance with the outdoor lighting standards
unless otherwise approved and noted in the final PUD documents. Up-
lighting of site features, buildings, landscape elements and lighting to call
inordinate attention to the property is prohibited for residential
development.
Staff Finding: There is no proposed development at this time. Potential future
development or redevelopment will need to address this criteria. Staff believes accepting
current conditions on the parcel meets standards F(1 -2).
G. Common park, open space or recreation area. If the proposed development
includes a common park, open space or recreation area for the mutual benefit of all
development in the proposed PUD, the following criteria shall be met:
Staff Finding: Not applicable. There is no common park or open space propsed.
H. Utilities and public facilities. The purpose of this standard is to ensure the
development does not impose an undue burden on the City's infrastructure
capabilities and that the public does not incur an unjustified financial burden. The
proposed utilities and public facilities associated with the development shall comply
with the following:
1. Adequate public infrastructure facilities exist to accommodate the
development.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
Staff Finding: Not applicable. There is no proposed increase in development at this time.
Staff believes accepting current conditions on the parcel meets standard 1-1(1-3).
I. Access and circulation. The purpose of this standard is to ensure the development
is easily accessible, does not unduly burden the surrounding road network, provides
adequate pedestrian and recreational trail facilities and minimizes the use of
security gates. The proposed access and circulation of the development shall meet
the following criteria:
BMC Zoning Exhibit C
Page 5
1. Each lot, structure or other land use within the PUD has adequate access to a
public street either directly or through an approved private road, a
pedestrian way or other area dedicated to public or private use.
2. The proposed development, vehicular access points and parking
arrangement do not create traffic congestion on the roads surrounding the
proposed development or such surrounding roads are proposed to be
improved to accommodate the development.
3. Areas of historic pedestrian or recreational trail use, improvements of or
connections to, the bicycle and pedestrian trail system and adequate access to
significant public lands and the rivers are provided through dedicated public
trail easements and are proposed for appropriate improvements and
maintenance.
4. The recommendations of the Aspen Area Community Plan and adopted
specific plans regarding recreational trails, pedestrian and bicycle paths and
transportation are proposed to be implemented in an appropriate manner.
5. Streets in the PUD which are proposed or recommended to be retained under
private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access.
6. Security gates, guard posts or other entryway expressions for the PUD or for
lots within the PUD, are minimized to the extent practical.
Staff Finding: There is no proposed change to the access or circulation patterns. Staff
believes accepting current conditions on the parcel meets criterion I (1 -6).
J. Phasing of development plan. The purpose of this criteria is to ensure partially
completed projects do not create an unnecessary burden on the public or
surrounding property owners and impacts of an individual phase are mitigated
adequately. If phasing of the development plan is proposed, each phase shall be
defined in the adopted final PUD development plan. The phasing plan shall comply
with the following:
Staff Finding: Not applicable. There is no phasing proposed.
BMC Zoning Exhibit C
Page 6
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
35OOD5 S4act j Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
hora J wk, 0-93° c 5 IO0 () r\ , 20th
STATE OF COLORADO
ss.
County of Pitkin
name, please print)being or repre enting an Applicant to the City of Aspen, Colorado, hereby personallycertifythat1havecompliedwiththepublicnoticerequirementsofSection26.304.060E) of the Aspen Land Use Code in the following manner:
D ub4 p n o notice: By the publication in the legal notice section of an official
r r der of general circulation in the City of Aspen at least fifteen (15)days Pilot 4o tliLe public hearing. A copy of the publication is attached hereto.r•
Posting of notice: By posting of notic&", which form was obtained from the
Community Development Department, which was made of suitable, waterproofmaterials, which was not less than twenty -two (22) inches wide and twenty -six26) inches high, and which was composed of letters not less than one inch inheight. Said notice was posted at least fifteen (15) days prior to the public hearingandwascontinuouslyvisiblefromthedayof
and including the date and time of the public hearing. A photograph of the postednotice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the CommunityDevelopmentDepartment, which contains the information described in Section26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior tothepublichearing, notice was hand delivered or mailed by first class postageprepaidU.S. mail to all owners of property within three hundred (300) feet of thepropertysubjecttothedevelopmentapplication. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as theyappearednomorethansixty (60) days prior to the date of the public hearing. Acopyofownersandgovernmentalagenciessonoticedisattachedhereto.
Continued on next page)
fl
Rezoning or text amendment: Whenever the official zoning district map is inanywaytobechangedoramendedincidentaltooraspartofageneralrevisionofthisTitle, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or othersufficientlegaldescriptionof, and the notice to and listing of names andaddressesofownersofrealpropertyintheareaoftheproposedchange shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days,
prior to the public hearing on such amendments.
414 ., - -a
Signat
The foregoing "Affidavit of Notice" was acknowledged before me this tilt day
of 20 1 I , by An/vtdai S' cnS j
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: .1(( m
A
RE: 38099 BTA NNi
ENT TO THE ZONE 4. 1 1 .t iITHEMIMC
DISTRICT PUBLIIC ataxy Publi
NOTICE IS HEREBY GIVEN that a public
will be hell on February 26.2011. at a mehearinge0n9to
begin at 5: 00 P.m. befor Hell 19 Council,redi
Galena
S . eAspen. nml Cto review. City a proposal for anAAspen, CO, 0,r arlln9Me
Amendmentat138 5 St to H hwaAirportrtpropertysi3800StateHighway 2, And 2ircBusinowsCenter, Black 1, oW 1 and 2,i
2735-031-01-802. ha
1 "Akaneh initial *Is heCitningy0.
Aspen. wroth Pr °Posers to
e
eatabli zo ATTACHMENTS AS APPLICABLE:for the property es 8ervb/CommemiaNntluerlal
antl P nip Development (SCI-EDD)_ IE PUBLICATIONInitialzoningisaparallelprocesswithannexationofthisparcelintothecity119Is*0pe 01l1a cure"
paf
pH OF THE POSTED NOTICE (SIGN)poga
d dIr a5 zan g lovem0nts
us netigpr "
e
Y ti mtuy " Alin nsea.GOVERNMENT AGENCIES NOTIEDcurrenonNe "roped lan may be D rop
e
the
t OWNERS AND
atauenmusertlormatin, co p Chris BendonForfartherinformationDevelop
City of Aspen Commumly sye CA 81611,
hbbe 42 r )_ bAl written lchrs- CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
Dondeno relates r application should be
s e-mail or Physical address. D BY C.R.S. §24- 65.5 -103.3
senl the above
Barwick.
A °City otA 81611920.5212.
130o 1SS. 0Galena.
Mayor. Iry d AaPertPubli shal IInspen 'mes Weekly on Fe I ,
the
13,201 6159385
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
33 S ifIGPJ. Kl g - L._Aspen, CO
SCHEDULED PUBLIC HEARIN. DATE:
r€13 ith -pith 20 H
STATE OF COLORADO
ss.
County of Pitkin
G4 -I(ZIS TO 1 f-CIZ CO ER'S ° j
I,name, please rint)
being or representing an ApplioApt j the Oit, ,Of Aspen, Colorado, her y gr gp ,ly
certify that 1 have complied with the public notice requirements of Section 26.304.060
E) of the Aspen Land Use Code in the following manner:
I Publication of notice: By the publication in the legal notice section of an official
ealie dd a paper of general circulation in the City of Aspen at least fifteen (15)
days prior tq the public hearing. fI copy of the publication is attached hereto.I Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty -two (22) inches wide and twenty -six
26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least ftpen (15) days prior to the public hearing
and was continuously visible fr o m the 1
A kday of rEP.,,, a 1111 20 1 f , to
and including the date and time of the public hearing. A photograph of the posted
7 notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Continued on next page)
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of tly proposed change shall be
waived. However, the proposed zoning map shall // b- available for public
inspection in the planning agency during all busitt: s hours for fifteen (15) days
prior to the public hearing on such amen.. • i t7!
g it
Sisi ature
The fore oing "Affidavit of Notice" was ' cknowled ed before me this a ehday
of 201k , by O 3 rti y>
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 4041
Notary Public
ATTACHMENTS AS APPLICABLE:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24- 65.5 -103.3
PUBLIC NOTICE
RE: 38005 STATE HIGHWAY 82, THE BMC WEST PARCEL ",AMENDMENT TO THE ZONE DISTRICT MAP, PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held on February 28, 2011,at a meeting to begin at 5:00 p.m. before the Aspen City Council, in the CouncilChambers, City Hall, 130 S. Galena St., Aspen, CO, to review a proposal for anAmendmenttotheZoneDistrictMapregardingthepropertyat38005StateHighway82,Aspen Airport Business Center, Block 1, Lots 1 and 2, commonly known as the `BMCWestproperty" or "Harbert Lumber." Parcel ID #2735- 031 -01 -801 and 2735- 031 -01 -802.The applicant is the City of Aspen, which proposes to establish initial zoning for thepropertyasService /Commercial /Industrial and Planned Unit Development (SCI -PUD).The initial zoning is a parallel process with annexation of this parcel into the City ofAspenlimits. The purpose of the initial zoning is to permit the current uses anddimensionsoftheimprovementscurrentlyonthepropertyuntilsuchtimeasanalternativedevelopmentplanmaybeproposed. For further information, contact ChrisBendonattheCityofAspenCommunityDevelopmentDepartment, 130 S. Galena St.,Aspen, CO 81611, (970) 429 -2765, (or by email at chris.bendon@ci.aspen.co.us). Allwrittencorrespondencerelatedtotheapplicationshouldbesenttotheabovee-mail orphysicaladdress.
Applicant: City of Aspen c/o Steve Barwick, 130 S. Galena, Aspen, CO 81611. 970.920.5212.
Michael C. Ireland
Mayor, City of Aspen
Published in The Aspen Times on February 13, 2011
City of Aspen Account
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: • 3 0ccr4-1-v vi 87 h0 1C Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
ST 4? T :,ynel 20 /I
STATE OF COLORADO
ss.
County of Pitkin
e -name, please print)being or represe ing an Applicant to the City of spen, Colorado, hereby personallycertifythat1havecompliedwiththepublicnoticerequirementsofSection26.304.060
E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained- from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty -two (22) inches wide and twenty -six26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearingandwascontinuouslyvisiblefromthe _ day of 20 to
and including the date and time of the public hearing. A photograph of the postednotice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the CommunityDevelopmentDepartment, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Continued on next page)
0
L "' Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revisionofthisTitle, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Z —
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this IS day
of 20j, by sit- r cc7
RE: 50 005SY/.r wmtwllr 82(TH Eio '" rt ` e ` P(WITNESS MY HAND AND OFFICIAL SEAL
WEBSISSWOA 11Eottsec waa B 11
a. i
NOTICE K Y 0IYEINEI 011 t6m hearing
will be held
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2011 aatameetingto
begin at 4:30 m. before 1the Aspenitien"me and iNDA M. •
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Zoning Com co,to ANNING •My co ssion expires:
Room' Cil HaN,13° S. Galena 5L, Aspen. e eDisMappats38005SteaHlg62, Aspen 9 Airport Business lCener, Block 1, ots 1 an 2 u/i44 40BMCWaatopacooParchI0O273L503101001au•••of r
A far Sin PhMttYpr apa,Uwm°ial 7 J4—
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otary Public
SS m. h Eyes 0312912014
S /Gp and Pluirlad Ural MwMOpr j u„,S„aPnIntl "pSf0 1l °In erthe ~ktlGel2 1eto
rr She current dimension
t
as an al-
ounanW on the Pr^P an can be generated. For
tu ma0vi P^laoicontact Ben Gagnon at the CM
of Asp
information
omtiun ty Dev ertmenofAspenCommunityelopmentD92]55, or
g°09141 aalen 51.speAn• CO (970)AU AS APPLICABLE:
at n Ga n i. cp. c qationwrittencorrespondencerelatetotheappshouldbesenttotheabovee+ma•I or physical ad- 3E PUBLICATION
d`
dryy PH OF THE POSTED NOTICE (SIGN)
A 305. Galena, Aspen. GO 61
mossappr
E OWNERS AND GOVERNMENT AGENGIES NOTIED
Aspen Planning and Zoning Commission
20 °;
Aspen Times on January 16,
CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24- 65.5 -103.3
4,0
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
31foor Stmt N \u4iJA1 0 Z As COIenP
SCHEDULED PUBLIC HEARING DATE:
fen it h 2011
STATE OF COLORADO
ss.
County of Pitkin
C ({ RA S Tbh) pelt 1. v t Y'-S,,, '.
name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requir ction 26.304.060
E) of the Aspen Land Use Code in the following m J
Publication of notice: By the publication ' Y thjlegal notice Nti& of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is taciled hereto.
V Posting of notice: By posting of notice, whic rypi;•ti d from the
Community Development Department, which w uita 1 waterproof
materials, which was not less than twenty -t4 PI4`€twenty -six
26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearingandwascontinuouslyvisiblefromthef 'j day of r d An."' 20 (( , to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Continued on next page)
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amend ents.
Signs e
The foorY ing "Affidavit of Notice" was acknowledged before me this I d y
Vof ON 201, by ChvisYophe Elk o1/4
C ungjo III WITNESS MY HAND AND OFFICIAL SEAL
I
I
My commission expires: 6 112-6179
s
1 3
I OA
ie\9i•t 4pQ`P Notary Public
wOaanYlbp ExplmstIMMOIS
ATTACHMENTS AS APPLICABLE:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24- 65.5 -103.3
PUBLIC NOTICE
RE: 38005 STATE HIGHWAY 82 THE BMC WEST PARCEL),
AMENDMENT TO THE ZONE DISTRICT MAP, PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held on February 1, 2011,
at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, in
the Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, CO, to review a
proposal for an Amendment to the Zone District Map at 38005 State Highway 82, Aspen
Airport Business Center, Block 1, Lots 1 and 2 (BMC West property), Parcel
ID #273503101801 and 273503101802. The applicant is the City of Aspen, which
proposes to establish initial zoning for the property as Service /Commercial /Industrial
S /C /I) and Planned Unit Development (PUD). The initial zoning is a parallel process
with annexation of this parcel. The purpose of the initial zoning is to retain the current
dimensions of the improvements currently on the property until such time as an
alternative development plan can be generated. For further information, contact Ben
Gagnon at the City of Aspen Community Development Department, 130 S. Galena St.,
Aspen, CO (970) 429 -2755, (or by email at Ben.Gagnon(2 ci.aspen.co.us). All written
correspondence related to the application should be sent to the above e -mail or physical
address.
Applicant: City of Aspen c/o Steve Barwick, 130 S. Galena, Aspen, CO 81611
Stan Gibbs, Chair
Aspen Planning and Zoning Commission
Published in The Aspen Times on January 16, 2011
City of Aspen Account
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610 PASS GO LN MONRONEY MICHAEL
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520 PASS GO LN ASPEN, CO 81611
MULCAHY EDWARD LEE JR ASPEN, CO 81611
611 PASS GO LN NERBONNE ARTHUR R
ASPEN, CO 81611 620 PASS GO LN
FERRER TREVOR R ASPEN, CO 81611
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ARIEL KYLE ASPEN, CO 81611
512 PASS GO LN
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211 PASS GO LN PO BOX 3614
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BARRETTE JEAN ROBERT
ASPEN, CO 81612
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209 VENTNOR AVE #Q ASPEN, CO 81611
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721 PASS GO KLANAC SAMANTHA M
ASPEN, CO 81611 711 PASS GO LN #711
ASPEN, CO 81611
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621 PASS GO LN ASPEN MINI STORAGE LLC
ASPEN, CO 81611 105 WOODWARD LANE
ASPEN, CO 81611
TCI OF NORTHERN NEW JERSEY INC
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PO BOX 173838 PO BOX 2724
DENVER, CO 80217 -3838 ASPEN, CO 81612
LIDDINGTON JENNIFER
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KING JESSICA A ASPEN, CO 81612
722 PASS GO LN
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GASPERETTI JOHN
212 PASS GO LN
ASPEN, CO 81611
FREEMAN PERRIN N III
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ASPEN, CO 81611
GIAMPAOLO JOSEPH F JR
PO BOX 7871
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209 AABC PO BOX 9830
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VA •
MEMORANDUM
TO:City Planning and Zoning Commission
THROUGH:Chris Bendon, Director, Community Development
Department
DATE OF MEMO: January 27, 2011
MEETING DATE:February 1, 2011
RE:Amendment to the Zone District Map for the initial
zoning of the BMC West property
Resolution No.Series of 2011
APPLICANT /OWNER:STAFF RECOMMENDATION:
City of Aspen Staff recommends that the Planning and
Zoning Commission determine that this
REPRESENTATIVE:Amendment to the Zone District Map
Steve Barwick, City Manager meets required standards, and recommends
Scott Miller, Asset Manager Council approval of a PUD Plan.
LOCATION:SUMMARY:
38005 Highway 82 Applicant requests that the Planning and
Zoning Commission determine that this
PROPOSED ZONE DISTRICT MAP Amendment to the Zone District Map
AMENDMENT:meets required standards, and recommends
As part of a parallel annexation process, Council approval of a PUD Plan.
applicant seeks initial zoning of S /C /I—
PUD as a method of maintaining the
existing lumber yard with no changes to
current conditions and use.
LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting
the following review procedure from the Planning and Zoning Commission:
Amendment to the Zone District Map :Initial Zoning] – An application for
Amendment to the Zone District Map, pursuant to Land Use Code Section
26.310.020, requires the Planning and Zoning Commission, at a public hearing, to
determine if the application meets the standards for an amendment to the Zone
District Map. The City Council is the final decision - making body.
Consolidated Conceptual and Final PUD – An application for Consolidated
Conceptual and Final PUD, pursuant to Land Use Code Section 26.445.030(B)2,
requires the Planning and Zoning Commission, at a public hearing, to
recommending City Council approve, approve with conditions or deny the Final
PUD. The City Council is the final decision - making body.
a ,
BACKGROUND: The City of' Aspen purchased the 4.6 -acre BMC West property in
December 2007, with the long -term intent of developing affordable housing. However,
the City has no intent to initiate a public process to plan the property for at least three to
five years. In the meantime, the City has a fiduciary responsibility to its taxpayers to
annex the property in order to collect property tax, sales tax and Construction Materials
Use tax. Applicant is in a parallel review process for annexation.
The intent at this time is to essentially "freeze" the site in its current condition as a
lumber yard. This will be accomplished by the adoption of a Final PUD Plan that
establishes the dimensional requirements and use of the parcel as they are today,
referencing the 2009 Improvement Survey Plat (see application). A new development
plan for the parcel would require a full review by the Planning and Zoning Commission
and City Council either through a PUD Amendment or rezoning — and very likely both.
STAFF FINDINGS: Many of the standards of review for an Amendment to the Zone
District Map do not apply in this case, because there is no "proposed development." For
example, standards for an Amendment to the Zone District Map ask whether the proposal
is "compatible with surrounding zone districts;" if it would have an impact on "traffic
generation;" if it would place "demands on public facilities;" or if it would have "adverse
impacts on the natural environment."
If the City were seeking only to have the subject parcel rezoned to
Service /Commercial /Industrial, the applicant would need to conduct an analysis of the
potential build -out of the parcel under the allowances of the S /C /I Zone District.
However, by adopting a Final PUD Plan that effectively "freezes" the current condition
in place, this application does not include any "proposed development." The concept is
that once the City is ready to move forward with a development plan in approximately
three to five years, a land use application would be submitted, resulting in a
comprehensive land use review.
Therefore, this Amendment to the Zone District Map would not have any impact on
surrounding zone districts, traffic generation, public facilities or infrastructure, or the
natural environment.
RECOMMENDATION: Staff recommends in favor of the proposed Amendment to the
Zone District Map and a Final PUD Plan, finding that the application meets or exceeds
the standards of review.
RECOMMENDED MOTION: If the Planning and Zoning Commission chooses to
recommend approval of a Zone District Map Amendment and Final PUD Plan to City
Council, the commission may use this motion, "I move the adoption of Resolution No._,
Series of 2011."
ATTACHMENTS:
Exhibit A — Application
Exhibit B — Staff Findings for Amendment to Zone District Map
Exhibit C — Staff findings for Final PUD Plan
RESOLUTION NO.
SERIES OF 2011)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION DETERMINING THAT REZONING MEETS APPLICABLE
STANDARDS AND RECOMMENDING THAT CITY COUNCIL APPROVE A
FINAL PLANNED UNIT DEVELOPMENT (PUD) FOR THE FORMER BMC
WEST PROPERTY LOCATED AT 38005 STATE HIGHWAY 82, ASPEN
AIRPORT BUSINESS CENTER, BLOCK 1, LOTS 1 AND 2, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel ID: 273503101801 and 2 73 503101 802
WHEREAS, the Community Development Department received an application
from the City of Aspen, represented by City Manager Steve Barwick, requesting approval
of an Amendment to the Zone District Map and a final Planned Unit Development
PUD), for the property at 38005 State Highway 82, commonly known as the BMC West
property, and legally described as Lots 1 and 2, Block 1, Aspen Airport Business Center,
Pitkin County, Colorado; and,
WHEREAS, the Applicant requests the Planning and Zoning Commission find
that the Amendment to the Zone District Map meets applicable requirements; and,
WHEREAS, the Applicant requests a recommendation by the Planning and
Zoning Commission to the City Council for approval of Final Planned Unit Development
PUD); and,
WHEREAS, the property is located at 38005 State Highway 82, and is zoned B2
General Business) in Pitkin County; and,
WHEREAS, upon initial review of the application and the applicable code
standards, the Community Development Department found that the application meets or
exceeds applicable standards of review; and,
WHEREAS, during a duly noticed public hearing on February 1, 2011, the
Planning and Zoning Commission approved Resolution No. Series of 2011, by a
vote, approving an Amendment to the Zone District Map, initially zoning the property as
Service /Commercial/Industrial —PUD, and recommending the Aspen City Council approve
a Final PUD, with conditions; and,
WHEREAS, the Planning and Zoning Commission has reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, • - - - _and has taken and considered public
comment; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1: Initial Zoning
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code
Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the
Planning and Zoning Commission hereby recommends that City Council initially zone
38005 State Highway 82 as S /C /1 —PUD.
Section 2: Approved PUD Dimensional Requirements
The following dimensional requirements are recommended to City Council for the Final
PUD at 38005 State Highway 82.
Dimensional Req.38005
Highwy 82
Minimum Lot Size Existing
Min. Lot Area / Dwelling Unit Existing
Maximum Allowable Density Existing
Minimum Lot Width Existing
Minimum Front Yard Existing
Minimum Side Yard Existing
Minimum Rear Yard Existing
Maximum Site Coverage Existing
Maximum Height Existing
Minimum dist. between buildings Existing
Minimum Open Space Existing
Allowable Floor Area Existing
Minimum Off- Street Parking Existing
The dimensional requirements of the Final PUD Plan reflects existing conditions as
outlined in Improvement Survey Plat of April 22, 2009, attached as Exhibit A.
Section 3:
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 or City Council,
are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 4:
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 5:
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 Planning and Zoning Commission of the City of Aspen on this 1st
day of February, 2011.
APPROVED AS TO FORM:PLANNING AND ZONING
COMMISSION:
City Attorney Stan Gibbs, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
Exhibit A: Improvement Survey Plat of April 22, 2009
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Exhibit B
Amendment to Zone District Map Review Criteria & Staff Findings
Standards of Review: In reviewing an amendment to the text of this Title or an
amendment to the Official Zone District Map, the City Council and the Planning
and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of
this Title.
Staff Finding: The proposed amendment is not in conflict with any applicable portion of
this title, as the responses to standards of review illustrate below. The applicant proposes
an initial underlying zoning of Service /Commercial /Industrial, which is the only city zone
district that expressly permits a lumber yard. The applicant proposes a Planned Unit
Development (PUD) overlay with the express intent of "freezing" the existing
development on -site in its current condition, including the existing dimensions and use.
Any future change to the existing dimensions and use would require a rezoning and/or
PUD Amendment. The intent of the current request is to facilitate only the annexation of
the property and the continued operation of the lumber yard; this application does not
represent a proposed development. Staff believes this criterion is met.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Community Plan.
Staff Finding: The proposed amendment would make no changes to existing conditions.
However, the proposed amendment requires any future proposed development to rezone
and/or gain approval for a PUD Amendment. Both a rezoning or PUD review process
includes a criteria assuring that any future development must be "consistent with all
elements of the Aspen Area Community Plan." If the property is annexed, the City of
Aspen has an obligation to assign a zone district to the property. Staff believes S /C /I-
PUD for this property is consistent with all the elements of the AACP.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding: This request will facilitate the continued operation of the current lumber
yard operation on the site. As such, this request does not create any adverse effects on the
subject property's neighborhood or surrounding environment. Any future development
proposal must comply with this standard under rezoning, or similar standards under a
PUD Amendment. Under a future PUD Amendment, any future development proposal
must comply with a set of more specific criteria regarding compatibility. Staff believes
this criterion is met.
D. The effect of the proposed amendment on traffic generation and road safety.
BMC Zoning Exhibit B
Page 1
Staff Finding: This request will facilitate the continued operation of the current lumber
yard operation on the site. As such, this request does not propose additional traffic
generation that might contribute to road safety issues. Any future development proposal
must comply with this standard under rezoning, or similar standards under a PUD
Amendment. Under a future PUD Amendment, any future development proposal must
comply with a set of more specific criteria regarding traffic generation and road safety.
Staff believes this criterion is met.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities including, but not
limited to, transportation facilities, sewage facilities, water supply, parks, drainage,
schools and emergency medical facilities.
Staff Finding: The property proposed for annexation is currently served by City
municipal water and district sanitary sewer service. For the continued operation of the
lumber yard, there will be no additional demands on public facilities. Any future
development proposal must comply with this standard for rezoning, or similar standards
under a PUD Amendment. Under a future PUD Amendment, any future development
proposal must comply with a set of more specific criteria regarding public facilities.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Finding: This request will facilitate the continued operation of the current lumber
yard operation on the site. As such, this request would not result in significantly adverse
impacts on the natural environment. Any future development proposal must comply with
this standard under rezoning, or similar standards under a PUD Amendment. Under a
future PUD Amendment, any future development proposal must comply with a set of
more specific criteria regarding impacts on natural resources.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City.
Staff Finding: The existing lumber yard operation is already integrated with and thus
consistent with the community character in the City. Any future development proposal
must comply with this standard under rezoning, or similar standards under a PUD
Amendment. Under a future PUD Amendment, any future development proposal must
comply with a set of more specific criteria regarding "consistency with the character of
existing land uses in the surrounding area," as well as criteria regarding site design and
architectural character.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
BMC Zoning Exhibit B
Page 2
Staff Finding: The City has purchased this parcel and wishes to annex it at this time,
largely in fiduciary responsibility to city taxpayers through the future collection of
property and sales taxes. Any future rezoning proposal must comply with this standard.
I. Whether the proposed amendment would be in conflict with the public interest
and whether it is in harmony with the purpose and intent of this Title.
Staff Finding: Based on the above responses, the proposed amendment would not be in
conflict with the public interest and the proposed amendment is in harmony with the
purpose and intent of the City of Aspen Land Use Regulations. This request meets all of
the "Standards of review" criteria established in the above noted Section 26.310.040 of
the City of Aspen Land Use Regulations. Any future rezoning proposal must comply with
this standard.
BMC Zoning Exhibit B
Page 3
Exhibit C
PUD Review Criteria & Staff Findings
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
Staff Finding: The proposed amendment does not represent or reflect a "proposed
development," and would make no changes to existing conditions. However, the
proposed amendment requires any future proposed development to rezone and/or gain
approval for a PUD Amendment. Both a rezoning or PUD review process includes a
criteria assuring that any future development must be "consistent with all elements of the
Aspen Area Community Plan." This parcel is part of the urbanized area of Aspen. Staff
finds this criterion is met.
2. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
Staff Finding: The proposed amendment does not represent or reflect a "proposed
development," and would make no changes to existing conditions. The existing lumber
yard operation is already integrated with and thus consistent with the character in the
surrounding area.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
Staff Finding: The proposed amendment does not represent or reflect a "proposed
development," and would make no changes to existing conditions. Initial zoning and
PUD designation will not adversely effect future development of the surrounding area.
4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS or GMQS allotments are available to accommodate the proposed
development and will be considered prior to or in combination with, final PUD
development plan review.
Staff Finding: No GMQS allotments are being requested.
B. Establishment of dimensional requirements: The final PUD development plans
shall establish the dimensional requirements for all properties within the PUD as
described in General Provisions, Section 26.445.040, above. The dimensional
requirements of the underlying Zone District shall be used as a guide in determining
the appropriate dimensions for the PUD. During review of the proposed
dimensional requirements, compatibility with surrounding land uses and existing
BMC Zoning Exhibit C
Page 1
development patterns shall be emphasized. The proposed dimensional requirements
shall comply with the following:
1. The proposed dimensional requirements for the subject property are appropriate
and compatible with the following influences on the property:
a) The character of and compatibility with, existing and expected future land
uses in the surrounding area.
b) Natural or man -made hazards.
c) Existing natural characteristics of the property and surrounding area such as
steep slopes, waterways, shade and significant vegetation and landforms.
d) Existing and proposed man -made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking and historical resources.
Staff Finding: The proposed dimensional requirements in the Final PUD Plan limit
development on the site to existing conditions and uses. Staff finds criteria a -d are met.
2. The proposed dimensional requirements permit a scale, massing and quantity of
open space and site coverage appropriate and favorable to the character of the
proposed PUD and of the surrounding area.
Staff Finding: The proposed dimensional requirements in the Final PUD Plan limit
development on the site to existing conditions and uses. Staff finds the proposed
dimensional requirements are appropriate.
3. The appropriate number of off - street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed development
including any nonresidential land uses.
b) The varying time periods of use, whenever joint use of common parking is
proposed.
c) The availability of public transit and other transportation facilities, including
those for pedestrian access and /or the commitment to utilize automobile
disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the City.
Staff Finding: There is no proposed development. The proposed dimensional
requirements in the Final PUD Plan limit development on the site to existing conditions
and uses. Staff finds these criteria met. Any future PUD Amendment must comply with
this criteria.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a PUD
may be reduced if:
BMC Zoning Exhibit C
Page 2
Staff Finding: The proposed dimensional requirements in the Final PUD Plan limit
development on the site to existing conditions and uses.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum density
of a PUD may be reduced if:
Staff Finding: The proposed dimensional requirements in the Final PUD Plan limit
development on the site to existing conditions and uses.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns and
with the site's physical constraints. Specifically, the maximum density of a PUD may
be increased if:
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area plan
to which the property is subject.
b) The site's physical capabilities can accommodate additional density and there
exists no negative physical characteristics of the site, as identified in
Subparagraphs 4 and 5, above, those areas can be avoided or those
characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with and complimentary to, the surrounding existing and
expected development pattern, land uses and characteristics.
Staff Finding: Not applicable. There is not a proposal to increase allowable density.
C. Site design. The purpose of this standard is to ensure the PUD enhances public
spaces, is complimentary to the site's natural and man -made features and the
adjacent public spaces and ensures the public's health and safety. The proposed
development shall comply with the following:
1. Existing natural or man -made features of the site which are unique, provide
visual interest or a specific reference to the past or contribute to the identity
of the town are preserved or enhanced in an appropriate manner.
2. Structures have been clustered to appropriately preserve significant open
spaces and vistas.
3. Structures are appropriately oriented to public streets, contribute to the
urban or rural context where appropriate and provide visual interest and
engagement of vehicular and pedestrian movement.
4. Buildings and access ways are appropriately arranged to allow emergency
and service vehicle access.
5. Adequate pedestrian and handicapped access is provided.
BMC Zoning Exhibit C
Page 3
6. Site drainage is accommodated for the proposed development in a practical
and reasonable manner and shall not negatively impact surrounding
properties.
7. For nonresidential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with the
use.
Staff Finding: There is no proposed development at this time. Potential future
development or redevelopment will need to address these criteria. Staff believes
accepting current conditions on the parcel meets this standard C(1 -7).
D. Landscape plan. The purpose of this standard is to ensure compatibility of the
proposed landscape with the visual character of the City, with surrounding parcels
and with existing and proposed features of the subject property. The proposed
development shall comply with the following:
1. The landscape plan exhibits a well - designated treatment of exterior spaces,
preserves existing significant vegetation and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
2. Significant existing natural and man -made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
3. The proposed method of protecting existing vegetation and other Landscape
features is appropriate.
Staff Finding: There is no proposed development at this time. Potential future
development or redevelopment will need to address these criteria. Staff believes
accepting current conditions on the parcel meets this standard D(1 -3).
E. Architectural character.
1. Be compatible with or enhance the visual character of the City, appropriately
relate to existing and proposed architecture of the property, represent a
character suitable for and indicative of the intended use and respect the scale
and massing of nearby historical and cultural resources.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade and vegetation and by use of
non- or less - intensive mechanical systems.
3. Accommodate the storage and shedding of snow, ice and water in a safe and
appropriate manner that does not require significant maintenance.
Staff Finding: There is no proposed development at this time. Potential future
development or redevelopment will need to address this criteria. Staff believes accepting
current conditions on the parcel meets standards E(1 -3).
BMC Zoning Exhibit C
Page 4
F. Lighting. The purpose of this standard to ensure the exterior of the development
will be lighted in an appropriate manner considering both Public Safety and general
aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands. Lighting of site
features, structures and access ways is proposed in an appropriate manner.
2. All exterior lighting shall in compliance with the outdoor lighting standards
unless otherwise approved and noted in the final PUD documents. Up-
lighting of site features, buildings, landscape elements and lighting to call
inordinate attention to the property is prohibited for residential
development.
Staff Finding: There is no proposed development at this time. Potential future
development or redevelopment will need to address this criteria. Staff believes accepting
current conditions on the parcel meets standards F(1 -2).
G. Common park, open space or recreation area. If the proposed development
includes a common park, open space or recreation area for the mutual benefit of all
development in the proposed PUD, the following criteria shall be met:
Staff Finding: Not applicable. There is no common park or open space propsed.
H. Utilities and public facilities. The purpose of this standard is to ensure the
development does not impose an undue burden on the City's infrastructure
capabilities and that the public does not incur an unjustified financial burden. The
proposed utilities and public facilities associated with the development shall comply
with the following:
1. Adequate public infrastructure facilities exist to accommodate the
development.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
Staff Finding: Not applicable. There is no proposed increase in development at this time.
Staff believes accepting current conditions on the parcel meets standard H(1 -3).
I. Access and circulation. The purpose of this standard is to ensure the development
is easily accessible, does not unduly burden the surrounding road network, provides
adequate pedestrian and recreational trail facilities and minimizes the use of
security gates. The proposed access and circulation of the development shall meet
the following criteria:
BMC Zoning Exhibit C
Page 5
1. Each lot, structure or other land use within the PUD has adequate access to a
public street either directly or through an approved private road, a
pedestrian way or other area dedicated to public or private use.
2. The proposed development, vehicular access points and parking
arrangement do not create traffic congestion on the roads surrounding the
proposed development or such surrounding roads are proposed to be
improved to accommodate the development.
3. Areas of historic pedestrian or recreational trail use, improvements of or
connections to, the bicycle and pedestrian trail system and adequate access to
significant public lands and the rivers are provided through dedicated public
trail easements and are proposed for appropriate improvements and
maintenance.
4. The recommendations of the Aspen Area Community Plan and adopted
specific plans regarding recreational trails, pedestrian and bicycle paths and
transportation are proposed to be implemented in an appropriate manner.
5. Streets in the PUD which are proposed or recommended to be retained under
private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access.
6. Security gates, guard posts or other entryway expressions for the PUD or for
lots within the PUD, are minimized to the extent practical.
Staff Finding: There is no proposed change to the access or circulation patterns. Staff
believes accepting current conditions on the parcel meets criterion I (1 -6).
J. Phasing of development plan. The purpose of this criteria is to ensure partially
completed projects do not create an unnecessary burden on the public or
surrounding property owners and impacts of an individual phase are mitigated
adequately. If phasing of the development plan is proposed, each phase shall be
defined in the adopted final PUD development plan. The phasing plan shall comply
with the following:
Staff Finding: Not applicable. There is no phasing proposed.
BMC Zoning Exhibit C
Page 6
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ANNEXATION PLAN
CITY OF ASPEN
OCTOBER, 2008
CONTENTS
2 City Council Resolution
4 Purpose
5 Annexation Area
6 Annexation Area Characteristics
9 Sequential Steps to Complete Annexation
12 Statutory Annexation Criteria
13 Local Annexation Criteria
16 Example Annexation Petition
18 Map A
19 Map B
PREPARED BY
City of Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
970.920.5090
THE CITY OF ASPEN
1
CeN r1/4
RESOLUTION NO. 95
SERIES OF 2008)
A RESOLUTION OF THE ASPEN CITY COUNCIL ADOPTING
THE CITY OF ASPEN ANNEXATION PLAN.
WHEREAS, pursuant to Colorado Revised Statutes (CRS) 31- 12- 105(e)(l),
the City of Aspen must annually adopt a "plan" guiding future annexations; and,
WHEREAS, the 2000 Aspen Area Community Plan (AACP) called for an update of
the City's annexation plan to reflect the Urban Growth Boundary (UGB) as jointly adopted
by the City of Aspen and Pitkin County; and,
WHEREAS, the Aspen Planning and Zoning Commission discussed a draft of this
updated plan during a work session on May 28, 2002; and,
WHEREAS, the Aspen City Council and the Pitkin County Board of County
Commissioners discussed a draft of the updated plan on July 16, 2002; and,
WHEREAS, the Aspen Community Development Department refined and updated
this plan, in consultation with the Pitkin County Community Development Department, to be
consistent with the 2000 AACP; and,
WHEREAS, the City Council adopted the updated annexation plan on September 22,
2002; and,
WHEREAS, the City Council has subsequently adopted annexation plans with minor
boundary changes as a result of annexations on an annual basis; and,
WHEREAS, there has been no annexation of land in the past year resulting in no
amendments to the annexation plan of 2007; and,
WHEREAS, during a regular meeting on the City Council
considered the City's boundary, the city's annexation plan, and a recommendation of
approval from the Community Development Director; and,
WHEREAS, the City Council finds that the annexation plan meets or exceeds all
applicable standards and that adoption of the plan is consistent with the goals and elements of
the Aspen Area Community Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO: That the City Council has formally adopted the City of
Aspen Annexation Plan.
RESOLVED, APPROVED, AND ADOPTED FINALLY this th day of 2008.
Attest:Approved as to content:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Signed copy on file with City Clerk
Approved as to form:
City Attorney
v.
PURPOSE
The City of Aspen Annexation Plan reflects land use policy of the Aspen Area Community
Plan (AACP) with regard to adding urbanized land, and land appropriate for urbanization,
surrounding Aspen to the City's jurisdiction. The Plan provides landowners whose property
is adjacent to the City of Aspen with the relevant requirements and processes for requesting
inclusion into the City of Aspen. The City of Aspen shall use its legislative authority of
annexation and this annexation plan to:
Ensure the natural and well- ordered development of the City.
Distribute fairly and equitably the costs of city services among those persons who
benefit therefrom.
Extend the city's government, services, and facilities to eligible citizens forming part
of a whole community.
Simplify jurisdictional boundaries and reduce administrative confusion.
Increase the City's ability to provide its citizens with the services they require.
Colorado Revised Statute
All annexation actions by cities in Colorado are governed by CRS 31 -12 -102, et. seq.
These statutory requirements include the City's need to maintain an annexation plan for a
three -mile boundary around the existing City limits. The specific requirements include the
following:
Prior to completion of any annexation, within the three mile area, the municipality
shall have in place a plan for the area, which generally describes the proposed
location character, and extent of streets, subways, bridges, waterways, waterfronts,
parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds,
open spaces, public utilities, and terminals for water, light, sanitation, transportation,
and power to be provided by the municipality and the proposed land uses for the
area. Such plan shall be updated at least once annually."
Urban Growth Boundary
The City of Aspen and Pitkin County jointly approved Aspen's Urban Growth Boundary
UGB) via adoption of the 2000 AACP. The 2000 Aspen Area Community Plan may be
obtained from the Aspen / Pitkin Community Development Office, City Hall, Aspen.) The UGB
identifies the land surrounding Aspen as either appropriate for urban development (within
the UGB) or inappropriate for urban development (outside the UGB). Land within the UGB
is expected to become part of the City's urbanized area, at some point, while land outside
the UGB should only be annexed as a method of preserving the non -urban character of
lands surrounding Aspen. The UGB should be amended upon determination that the
subject land should be re- categorized, independent of an annexation decision.
Disclosure
The City of Aspen Annexation Plan has been adopted to meet the compulsory requirements
set forth by the State of Colorado, pursuant to CRS 31 -12 -105. The plan should not be
considered a replacement or complete reflection of the state statutes. Property owners
seeking annexation should consult the Colorado Revised Statutes. The plan is not binding
upon the City of Aspen.
CITY OF ASPEN ANNEXATION AREA
Map A depicts Aspen's annexation area, corresponding to the State's three -mile area
requirement, based on the September, 2008, jurisdictional boundary. The jointly- adopted
Urban Growth Boundary (UGB) is also shown.
The City of Aspen is currently approximately 2,420 acres. The area within the UGB is
approximately 4,860 acres, roughly twice the size of the current City jurisdiction. This land
within the UGB has been determined appropriate for urbanization and is likely to become
part of the City of Aspen.
The three -mile area is approximately 48,000 acres, 46,000 acres larger than the current City
jurisdiction. Much of this three -mile area is outside Aspen's UGB and considered
inappropriate for urbanization. Annexation of areas outside the UGB should only be
considered as a means of preserving the non -urban character of the land.
To understand the City's potential service needs, annexation areas within the UGB have
been analyzed as smaller land areas. The boundaries for each area were developed based
on the following factors: physical features, existing development patterns, existing property
lines, and established neighborhood areas.
ANNEXATION AREA CHARACTERISTICS
The City is required to identify the area within three miles of its boundary. (See Map A.) The
proximity of these areas, however, does not necessarily mean these areas are desirable for
annexation. The three -mile area is a State requirement and should not be considered an
intention of the City of Aspen. Many areas, outside of the UGB especially, may be entirely
inappropriate for annexation.
Following is an overview of land use characteristics for each area within a three -mile radius
of the City, with particular attention paid to the areas within the UGB. The areas described
are shown on Map B. These general characteristics provide a basis for understanding
potential land use issues that may need to be addressed during an annexation.
Ute /Northstar, Shadow Mountain, Red Butte
Generally, rural areas with very limited growth potential due to their physical
circumstances. These areas are particularly affected by environmental hazards and
each request should include an analysis of the regulatory tools used to address such
hazards. The City's Land Use Code provisions for Environmentally Sensitive Areas
ESA's) may adequately guide the growth and development of these areas. Further
consideration should be given to the more stringent County 1041 regulations
particularly with regard to development on steep slopes.
Mountain Valley, Red Mountain
Generally, suburban areas comprised of predominantly developed subdivisions.
Several similar subdivisions, such as Eastwood and Knollwood, have already
annexed into the City. The major land use issues affecting this group include floor
area ratios, legitimizing "bandit dwelling units," wildfire mitigation, wildlife corridors,
and the status of the roads and ability of the City to adequately maintain and upgrade
them as necessary.
Remote Subdivisions
Several small residential subdivisions, located along the Maroon Creek, Castle
Creek, and Roaring Fork River drainages, are within the three -mile area. These
subdivisions have little to no additional development potential. These areas do not
appear to provide any advantage to the City and could become infrastructure service
burdens. New land use regulations addressing wildfire, wildlife, avalanche, and
development on steep slopes would be required.
Lower Smuggler
This area contains large development parcels with growth potential, existing
subdivisions with little remaining growth potential, the historically important Smuggler
Mine, and steeply sloped areas with limited growth potential. Continued public
access to the Upper Smuggler area and recreational opportunities would need to be
ensured. Land Use Code provisions for mining activity would be necessary.
Regulatory tools to address development on steep slopes would be necessary.
Upper Smuggler
This area contains large publicly and privately -owned parcels with significant
infrastructure limitations and steeply sloped areas with very limited growth potential.
This area was an active mining area. Currently, this area is a very popular recreation
r"‘
area and is a primary public access to public lands. Much of this area has been
identified as "land with conservation value" in the AACP. Continued public access to
public lands and recreational opportunities would need to be ensured. Regulatory
tools to address development on steep slopes would be necessary.
Meadowood, Tennis Club, West Buttermilk Subdivision, and State Highway 82 Corridor
Generally, suburban areas comprised of predominantly developed subdivisions.
The major land use issues affecting this group include floor area ratios, legitimizing
bandit dwelling units," trail connections, and the status of the roads and ability of the
City to adequately maintain and upgrade them as necessary. A few large parcels
with significant development potential exist between Meadowood and State Highway
82. The Aspen Valley Hospital, in this area was annexed.
Bar X Ranch, AVLT, and Lower Maroon Creek
Generally agricultural in character with significant growth potential. Development
issues include preserving the riparian habitat along Maroon Creek, trail connections,
fishing access, and traffic generation impacts to the Highway 82 corridor. The Bar X
Ranch and AVLT land was annexed for the purposes of developing a mix of free -
market and affordable dwelling units. The Soldner Family parcel remains in County
jurisdiction.
Buttermilk Base Area
The base of Buttermilk Ski Area represents significant development opportunity with
potential impacts on, and benefits to, the City of Aspen. This area is presently
underutilized and is identified in the MCP as a development node for concentrated
mixed -use, transit - oriented development. Residential, commercial, and lodging
development would affect the City's infrastructure and the area's commercial and
lodging profile. This area represents a significant opportunity for transportation
improvements. Additionally, the redevelopment of this area may provide the City
opportunity to reach community goals. This area should be annexed into the City of
Aspen prior to development review. If redevelopment of this area is entitled in the
County and then the land is annexed, significant coordination on the administration
of development approvals will be necessary.
Aspen Business Center and North Forty
Suburban areas with moderate growth potential. The North Forty subdivision is
reaching its residential build -out and has some potential for additional commercial
development. The ABC has moderate growth potential in both residential and
commercial sectors, most of which would involve redevelopment. Significant
expansion of commercial uses in the ABC would affect the profile of commercial
activity in the Aspen area and may affect transportation patterns. A new zone district
would likely be required to accommodate the ABC.
Aspen Consolidated Sanitation District, County Maintenance Facility, RFTA bus barn, Sardy
Field (Aspen /Pitkin County Airport), North Highway 82 Corridor
These public infrastructure facilities are currently operated by either the county or
special districts. Expansion of these facilities could be expected to coincide with
growth of the area's population and service needs, although physical constraints may
limit expansion capabilities. Expansion of the airport is also controlled by public
policy discussions of increasing Aspen's tourist capacity. Intergovernmental
agreements may be necessary for annexation of these facilities.
Brush Creek Village, Cozy Point Ranch. Starwood, McLain Flats
Suburban subdivisions comprised of single - family residences. Cozy Point Ranch is
an agricultural and equestrian operation owned and managed by the City of Aspen.
These areas, while within the three -mile area, are removed from Aspen and not likely
to become incorporated into the City. The major land use issues affecting this group
include floor area ratios, legitimizing "bandit dwelling units," wildfire mitigation, wildlife
corridors, and the status of the roads and ability of the City to adequately maintain
and upgrade them as necessary.
Woody Creek
The three -mile area includes a portion of the Woody Creek drainage. This rural area
is predominantly agricultural and estate ranches. Although geographically proximate
to the City's boundary, this area lies in a separate drainage basin and is logistically
remote from Aspen. This area is not expected to become part of the City of Aspen.
Snowmass Village
The three -mile area includes part of Snowmass Village, an incorporated town. Only
unincorporated lands are eligible for annexation. This area is not expected to
become part of the City of Aspen.
Owl Creek Ranch, Droste Ranch
This rural area functions as a buffer between the urbanized areas of Aspen and
Snowmass Village. Predominantly single - family homes on large lots, this area could
sustain significant additional development with the extension of urban infrastructure
and bring about significant change in the character of the area. The major land use
issues affecting this group include the desired character of the area, additional
development potential, wildfire mitigation, wildlife corridors, recreational trails, and
the status of the area's infrastructure.
Ski Areas - Aspen Mountain, Aspen Highlands, Buttermilk
These areas correspond with ski area permit boundaries. This land is typically
Forest Service land, although substantial portions of Aspen Mountain Ski Area are
owned by the Aspen Ski Company. The City's Land Use Code is better suited to
regulate base facilities. Annexation would necessitate new land use legislation to
regulate ski area operation and may also necessitate backcountry emergency rescue
operation.
Forest Lands
These areas correspond with Federally -owned land maintained by the United States
Forest Service and privately -owned "in- holdings." These areas are remote, with little
or no existing services and have limited access. These areas are typically zoned
Rural and Remote (RR) by Pitkin County to maintain the backcountry character.
These areas do not appear to provide any advantage to the City and could be a
burden. Annexation of these areas would necessitate new land use legislation to
regulate backcountry development, agreements with the Forest Service for
permitting and administration of forest - related activities, and may also necessitate
backcountry emergency rescue operation.
c a
SEQUENTIAL STEPS TO COMPLETE ANNEXATION
Annexation Process:Associated Processes:
Pre - Application Conference. (See Note #1)
Annexation Petition Filed - Landowner
submits necessary application materials to
the City Clerk. See example petition,
attached.)
Property owner may enter into a pre -
annexation agreement with the City of
Aspen. (See note #2)
Resolution 1 City Council Initiates
annexation process by adoption of a
resolution. Resolution establishes a public
hearing be scheduled more than 30 days and
less than 60 days.
City Engineer verifies contiguity requirement
for eligibility.
Public Hearing and Resolution #2 — City
Council identifies properties eligible for
annexation according to State Statute.
Annexation Impact Report For
annexations of more than 10 acres. (See note
3)
Land use reviews — The landowner may
initiate any City land use review process
necessary to develop the property. (See note
4)
Acknowledgement of Development Rights
The City reserves the right to accept land
use approvals granted in the county and
establish an agreement for the administration
of said rights. (See note #5)
Initial Zoning — The Community Development
Department begins an initial zoning process
and establishes public hearing schedule with
the Planning and Zoning Commission. (See
note #6)
First Reading of Annexation Ordinance -
City Council establishes second reading and
public hearing date.
The City may postpone second reading to
permit a property owner to confirm associated
land use reviews.
Second Reading of Annexation Ordinance
Property either annexed or denied.
Initial Zoning Ordinance — Newly annexed
land must be assigned zoning within 90 days
of annexation. (See note #6)
Process Notes:
1. Pre - Application. Potential applicants are encouraged to meet with the City Attorney to
discuss the annexation process and with the Community Development Director to discuss
the potential benefits of annexation. An annexation petition must be found in compliance
with the statutory annexation criteria and is subject to compliance with local annexation
criteria, to the extent those criteria are considered applicable to the specific petition.
2. Pre Annexation Agreement. A property owner seeking annexation may negotiate a pre -
annexation agreement with the City of Aspen. Such negotiations may include, but are not
limited to, the type, amount, character, and timing of development and may specify certain
improvements required of a property owner and financial arrangements securing such
improvements. At such time of actual annexation, a final annexation agreement may be
confirmed.
3. Annexation Impact Report. CRS 31 -12 -108.5 requires the annexing municipality prepare
an annexation impact report at least 25 days prior to the public hearing (Resolution #2). The
report must be filed with the Pitkin County Board of County Commissioners (BOCC). A
report is not required for annexations of 10 acres or less or when the City and the BOCC
agree the report requirement may be waived. An annexation Impact Report shall include, as
a minimum:
A. A map or maps of the municipality and adjacent territory showing the following
information:
1. The present and proposed boundaries for the municipality and in the vicinity of
the proposed annexation.
2. The present streets, major trunk water mains, sewer interceptors and outfalls,
other utility lines and ditches, and the proposed extension of such streets and
utility lines in the vicinity of the proposed annexation.
3. The existing and proposed land use pattern in the areas to be annexed.
B. A copy of any draft or final pre- annexation agreement, if applicable.
C. A statement setting forth the plans of the municipality for extending to or otherwise
providing for, within the area to be annexed, municipal services performed by or on
behalf of the municipality at the time of annexation.
D. A statement setting forth the method under which the municipality plans to finance
the extension of the municipal services into the area to be annexed.
E. A statement identifying existing districts within the area to be annexed.
F. A statement on the effect of annexation upon local public school district systems,
including the estimated number of students generated and the capital construction
required to educate such students.
4. Land Use Reviews. A property owner seeking annexation into the City of Aspen may
initiate land use reviews with the City after the petition for annexation has been found valid
after adoption of resolution #2). Property owners seeking to develop the property, in fact,
may wish to secure entitlements prior to completing annexation. Land use approvals
granted prior to annexation are subject to final adoption of an annexation ordinance. City
r
Council may postpone the final adoption hearing of the annexation ordinance to allow a
property owner to complete a land use review process.
5. Acknowledgement of Development Rights
Property subject of an annexation request may have certain development rights granted by
Pitkin County. The City of Aspen may choose to recognize these exact development rights
or reach another solution in consultation with the landowner. In instances where land use
approvals were granted in the County prior to annexing into the City, the City has
significantly benefited with the adoption of a Development Guidebook in combination with
the annexation of the land. This guidebook can be used to define the approvals and
describe how the City will administer the development of the land, including the applicable
design standards for capital improvements. This guidebook can serve an interest of the
landowner, developers interested in realizing the development approvals, the interests of
prospective property owners within the annexed area, and helps clarify the City's
understanding of the development rights.
6. Initial Zoning. The City is required to assign zoning to newly annexed property within 90
days of annexation. Failure to zone land within 90 days may permit unwanted land uses on
newly annexed lands. The City typically begins an initial zoning process prior to final
annexation. This aids a landowner in determining the benefit of completing an annexation.
This initial zoning process follows the process for amending the Official Zone District Map
rezoning), as outlined in the City of Aspen Land Use Code, and requires a review and
recommendation from the City Community Development Director and a public hearing and
recommendation from the City's Planning and Zoning Commission. Adoption of an
ordinance by City Council is the final step in the initial zoning process. Ideally, second
reading of an annexation ordinance and second reading of a zoning ordinance occur
simultaneously. Property owners are encouraged to participate as an applicant, although not
required, in this initial zoning process.
STATUTORY ANNEXATION CRITERIA
In accordance with CRS 31 -12 -104, an area is eligible for annexation if the governing body,
at a hearing, finds and determines the following.
1. That not less than one -sixth of the perimeter of the area proposed to be annexed is
contiguous with the annexing municipality. Contiguity is not affected by the existence of
a platted street or alley, a public or private right -of -way area, public lands (except
county -owned open space), or lake, reservoir, stream, or other natural or man -made
waterway between the annexing municipality and the land proposed to be annexed.
Subject to the requirements of CRS 31 -12 -105, contiguity may be established by the
annexation of one or more parcels in a series, which annexations may be completed
simultaneously and considered together.
2. That a community of interest exists between the area proposed to be annexed and the
annexing municipality; that such area is urban or will be urbanizing in the near future;
and that said area is integrated with or is capable of being integrated with the annexing
municipality. The fact that the area proposed to be annexed has the contiguity with the
annexing municipality required by the above requirement shall be a basis for a finding of
compliance with these requirements unless the governing body, upon the basis of
competent evidence presented at the hearing, finds that at least two of the following are
shown to exist:
a. Less than fifty percent of the adult residents of the area propose to be annexed make
use of part or all of the following types of facilities of the annexing municipality;
Recreational, civic, social, religious, industrial, or commercial; and less than twenty -
five percent of said area's adult residents are employed in the annexing municipality.
If there are no adult residents at the time of the hearing, this standard does not
apply.
b. One half or more of the land in the area proposed to be annexed (including streets)
is agricultural, and the landowners of such agricultural land, under oath, express an
intent to devote the land to such agricultural use for a period of not less than five
years.
c. It is not physically practicable to extend to the area proposed to be annexed those
urban services which the annexing municipality provides in common to all of its
citizens on the same terms and conditions as such services are made available to
such citizens. This standard shall not apply to the extent that any portion of an area
proposed to be annexed is provided or will within the reasonably near future be
provided with any service by or through a quasi - municipal corporation.
L i
J
LOCAL ANNEXATION CRITERIA
Annexation is a quasi - legislative authority of the City and as such the City may consider the
interests of its citizens as guiding annexation policy, in addition to the procedural statutory
requirements. This section identifies specific public policy concerns likely to arise during
consideration of an annexation request. These criteria should be used to determine when
annexation is appropriate, which land should be annexed, and how it should be zoned.
Additional considerations, beyond those identified herein, may also arise and guide public
policy.
AACP Compliance
Annexation requests should be reviewed for compliance with the Aspen Area Community
Plan. Annexation of certain lands could facilitate accomplishment of the plan's goals,
objectives, or specific action items. Newly annexed properties should be assigned zoning
supporting public policy directives of the AACP.
Urban Growth Boundary (UGB)
The City of Aspen and Pitkin County jointly approved Aspen's Urban Growth Boundary via
adoption of the 2000 AACP. The UGB identifies the land surrounding Aspen as either
appropriate for urban development (within the UGB) or inappropriate for urban development
outside the UGB). Land within the UGB is expected to become part of the City's urbanized
area and should be considered appropriate for annexation.
Land outside the UGB should only be annexed as a method of preserving the non -urban
character of lands surrounding Aspen. The UGB does not necessarily need to be amended
unless the land is intended for an urban level of development. Annexation of land outside
the UGB, in fact, may serve a significant public purpose.
Significant Annexations
Changing the regulatory structure and jurisdiction of significant community facilities, large
developments, and large tracts of vacant land present considerable potential for community
change. These annexation proposals should involve discussion between the Aspen City
Council and the Pitkin County Board of County Commissioners. A joint work session at
which various land use issues are discussed can only benefit the City in it analysis of a
significant annexation. For example: properties entitled by the County and annexed into the
City can require complex administration of development rights, especially when
amendments are requested. Discussing the primary elements of the land use review can
simplify administration and provide benefit to the annexing landowner.
Likewise, certain annexation proposals may present concerns to other governmental and
quasi - governmental agencies with jurisdiction or other interest in the property. As
necessary, formal referral comments or work session - format meetings can be held to
identify these concerns.
Fiscal Impact Analysis
The City should fully understand the financial implication of assuming additional lands upon
each of its functions. The City Finance Department has modeled fiscal impacts of recent
significant annexations and this information has been critical in determining the
appropriateness of annexation. Certain capital improvements may be necessary as well as
additional operation and service costs. These need to be balanced with additional special
fund revenues that are gained.
Pitkin County voters adopted a 2 percent Countywide sales tax, including a provision
distributing 47 percent of the tax proceeds to Pitkin County and 53 percent to the City of
Aspen. At some point, the distribution of countywide sales tax may need to be reconsidered
as more service responsibilities shift to the City.
Development Rights /Zoning
Development rights associated with a property in Pitkin County verses those if the property
is annexed into the City of Aspen should be considered. Annexations are typically
associated with a proposal to further develop the property. Traditionally, the City weighs an
increase in development rights in relation to accomplishment towards community goals
available through annexation.
A complete understanding of a property's development potential, prior to annexation, should
include a zoning build -out analysis considering regulatory limitations, such as growth
management and impact fees, and regulatory incentives, such as the use of Transferable
Development Rights. The public policy of such regulations and the impact of changing the
regulatory structure upon the City should be considered.
Zoning of newly annexed land should approximate development rights prior to annexation,
unless a site - specific development plan is approved concurrent with annexation. The
creation of non - conformities should be avoided, although custom legislation to address
special interests can further complicate the City's regulatory environment.
The City should encourage the legalization of "bandit units" through the City's Accessory
Dwelling Unit provisions to ensure compliance with the health and safety standards of the
Uniform Building Code. These units should be expected in older subdivisions surrounding
Aspen.
Pitkin County Transferable Development Rights
Certain lands in the County within the City's annexation area are eligible for increased
development rights through the extinguishment of transferable development rights (TDRs).
Certain site specific approvals granted in Pitkin County may involve or require the use of
TDRs. And, certain development may have already occurred by use of these TDRs
necessitating acknowledgement of the realized increased development right.
Until the City adopts a program for accepting Pitkin County Transferable development
Rights, each individual annexation request should include an analysis of TDR- contingent
land use scenarios and, if necessary, an agreement should be reached describing the future
use of Pitkin County TDRs within the newly annexed area.
Usefulness and appropriateness of each jurisdiction's regulations
As Aspen City limits expand beyond the original townsite, the effects of environmental
constraints and hazards on development increase. Pitkin County's 1041 regulations address
development on steep slopes, in wildfire hazard areas, in rockfall and avalanche hazard
areas, and within wildlife corridors. The City's Environmentally Sensitive Area review
standards address flood hazard areas and development above the 8,040 -foot elevation.
The County's regulations primarily attempt to minimize land use intensity and minimize the
infrastructure and operational effects of development. The City's land use code encourages
the intense use of land and addresses urban development issues, such as architectural
character. In transition areas, the City's PUD regulations should be used to establish an
appropriate balance.
Design standards for public improvements also reflect the rural and urban aspect of each
jurisdiction. The appropriateness of each jurisdiction's development regulations and design
standards should be considered in each annexation. The acceptance of substandard public
improvements and potential public costs of upgrading those facilities should also be
considered. The City may require certain facilities be upgraded prior to annexation.
Alternatively, the City may require a cash payment to accommodate expected City capital
improvement and operational expenses.
The City currently has no experience administering remote backcountry and Forest Service
lands. These lands could require significant changes to the City's emergency services. The
public costs of annexing remote lands should be considered in relation to the public goals of
such an action.
Aspen recently adopted the Ski Area Base (SKI) Zone District to administer development at
the base of ski areas. The zoning provides for a mixture of skiing, recreational, commercial,
and tourist - oriented uses and requires adoption of a Planned Unit Development. This
zoning was applied to Aspen Highlands Base Village and may be appropriate for the
Buttermilk Ski Area base, upon annexation.
Infrastructure and Ability to Serve
Annexation reviews typically focus a great deal of fiscal analysis on the potential extension
of urban services to annexed territories. Cost, capacity, and engineering issues related
extension of the City's municipal water system to developing land on the urban fringe is a
significant annexation issue.
Currently, there are several small water districts serving residences located outside the
City's boundaries but within the service area of the water system. These small districts may
present a problem for the City as their capital facilities may not be providing acceptable
standards of service. Upgrading is expensive, and may become the responsibility of the
City following annexation.
The County does not currently require new periphery development to join the City's
municipal water system. However, these county development proposals must be reviewed
by the City Council and found in compliance with the AACP in order to obtain City water
service. In these cases, the City often requires compliance with City development
regulations. Property owners developing a property eligible for annexation should consult
the City's Community Development Department and consider annexation.
Simplicity of City Boundary
The City /County boundary has created confusion for citizens and staff responsible for
enforcing public policy. A complex boundary can complicate emergency service provision
and, in extreme cases, defeat efforts of City police officers. Annexations simplifying the
boundary should be encouraged while those further complicating the division should be
avoided.
Example]
PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN
THE UNDERSIGNED (hereinafter referred to as the "Petitioners ") hereby petitions the
Council of the City of Aspen, Colorado for the annexation of an area, to be referred to as the
Annexation to the City of Aspen. Said area,
consisting of approximately acres, is more particularly
described on Attachment "A," attached hereto.
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Aspen.
2. That the requirements of Sections 31 -12 -104 and 31 -12 -108, C.R.S., exist or have
been met.
3. That not Tess than one -sixth (1/6) of the perimeter of the area proposed to be
annexed is contiguous with the boundaries of the City of Aspen.
4. That a community of interest exists between the area proposed to be annexed and
the City of Aspen.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being
integrated with the City of Aspen.
7. That the Petitioners herein comprise more that fifty percent (50 %) of the landowners
in the area and own more than fifty percent (50 %) of the area to be annexed,
excluding public streets, alleys and lands owned by the City of Aspen.
WHEREFORE, said Petitioners request that the Council of the City of Aspen approve the
annexation of the area described on Attachment "A," legal description of the land.
The Petitioners reserve the right to withdraw this petition and their signatures there from at
any time prior to the commencement of the roll call of the City Council for the vote upon the
second reading of the annexation ordinance.
Individual Petitioners signing this Petition represent that they own the portion(s) of the area
described on Attachment "A."
IN WITNESS WHEREOF, I/we have executed this Petition for Annexation this day of
2
Petitioner's /Owner's Signature
Petitioner's /Owner's Printed Name
Address
City, State, Zip
4..
Please attach the following:
ATTACHMENT "A" — LEGAL DESCRIPTION OF THE ANNEXATION
ATTACHMENT "B" — AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
COUNTY OF PITKIN
The undersigned, being first duly sworn upon his oath states:
That he was the circulator of the attached Petition for Annexation and that each signature
therein is the signature of the person whose name it purports to be.
Circulator's Signature
Subscribed and sworn to before me this day of
2 by
WITNESS my hand and official seal.
Commission Expiration Notary Public
ATTACHMENT "C" — PROOF OF OWNERSHIP
Constituting more than 50% of the landowners in the area proposed for annexation, as said
area is described on Attachment "A ", and more than 50% of the land in said area, exclusive
of streets and alleys.
ATTACHMENT "D" — FOUR PRINTS OF AN ANNEXATION MAP
Containing the information required by C.R.S. 1973 31 -8 -107.
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ORDINANCE NO. 25
SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN,
COLORADO, ASSIGNING LOT #1, BURLINGAME RANCH SUBDIVISION, TO
THE CONSERVATION (C) AND RURAL RESIDENTIAL (RR) ZONE DISTRICTS.
PARCEL NO. 2735-031-00-805
WHEREAS, a parcel of land located on either side of State Highway 82 at the Owl
Creek Road intersection, commonly referred to as "Burlingame Ranch" was annexed into the
City of Aspen on May 10, 1999, pursuant to Ordinance No. 16, Series of 1999; and,
WHEREAS, the City Council of the City of Aspen must designate a zone district fo
the property within 90 days of the annexation; and,
WHEREAS, pursuant to Ordinance Number 23, Series of 1999, the land was
subdivided into two lots, the Burlingame Ranch Subdivision, and Lot # 2 of said Subdivision
was included in the Residential Multi - Family (RMF -A) Zone District and,
WHEREAS, Lot #1 of the Burlingame Ranch Subdivision is legally described in
Exhibit A,
WHEREAS, the City Council may approve Amendments to the Official Zone
District: Map (Rezoning) after taking and considering recommendations from the Community
Development Director, the Planning and Zoning Commission made at a duly noticed public
hearing, and taking and considering public testimony at a duly noticed public hearing in
conformance with the review criteria set forth in Section 26.92; and,
WHEREAS, the Community Development Department analyzed Lot #1 of the
Burlingame Ranch Subdivision and recommended the property be included in the
Conservation (C) and Rural Residential (RR) Zone Districts; and,
WHEREAS, during a duly noticed public hearing on June 1, 1999, the Planning and
Zoning Commission took and considered public testimony and recommended, by a six to one
OM j 3 vote (6- 1),. City Council inctde this property in the Conservation (C) and Rural Residential
M RR) Zone Districts; and,
a M 7
WHEREAS, the boundaries for said zone district designations are described herein;
g z and,
g WHEREAS, City Council reviewed and considered the recommendations of the
Nom. $Community Development Director and the Planning and Zoning Commission during a duly
e noticed public hearing; and,
o ea
z WHEREAS, the City Council fmds that the Conservation (C) and Rural Residential
NMI RR) Zone Districts, as applied to Lot #1 of the Burlingame Ranch Subdivision with the
ri o boundaries described herein, are the most appropriate zoning classifications for this property,
s o meeting or exceeding all applicable standards, and consistent with the goals and elements of the
m Aspen Area Community Plan; and,
a WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
Ilia • m the promotion of public health, safety, and welfare.
Era g
ma
Ordinance No. 25, Series of 1999.
Page 1
0
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1:
The Official Zone District Map of the City of Aspen shall be amended by the
Community Development Director to reflect Lot #1, Burlingame Ranch Subdivision,
as described in Section 2, as included in the Conservation (C) and Rural Residential
RR) Zone Districts. The Community Development Director shall use the survey
descriptions contained in Section 2 as the basis for determining the zoning
boundaries.
Section 2:
Burlingame Ranch Subdivision Lot #1 Legal Description:
Lot #1 of the Burlingame Ranch Subdivision is legally described as a tract of land
located in the west %] of section 2, Section 3, and the northwest % of the northwest'/.
of Section 2, all in T1OS, R85W of the 6th P.M., Pitkin County, Colorado, more fully
described in Exhibit A.
Land to be included in the Rural Residential (RR) Zone District:
Land to be included in the Rural Residential Zone District shall include:
I. The portion of Burlingame Ranch residing east of State Highway 82 and
commonly referred to the "bowl" and legally described as land located in the west
of Section 2 T1OS, R85W of the 6th P.M., Pitkin County, Colorado, more fully
described in Exhibit B as "Parcel A."
2. The portion of Burlingame Ranch residing east of State Highway 82 and south of
the Aspen Airport Business Center, legally described as land located in the northeast
of Section 3, T1OS, R85W of the 6th P.M., Pitkin County, Colorado, more fully
described in Exhibit B as "Parcels C & D."
se> 8 Land to be included in the Conservation (C) Zone D
Land to be included in the Conservation Zone should include:
y F The entire portion of Lot #1, Burlingame Ranch Subdivision, as described in Exhibit
ao A, excluding the lands described in Exhibit B intended for the Rural Residential
Wig Zone District.
M
N Land Within Road Rights -of -Way:
gg All land within State Highway 82 and other public street rights -of -way shall be
zoned consistent with the City Zone District designation of the adjacent parcel. In
1 z the event the right -of -way is bordered by two different City zone districts, the center
g line shall become the zoning boundary. In the event the right -of -way is bordered
Eag entirely by parcels in Pitkin County jurisdiction, the zoning for that area of the right -
o !of -way shall be consistent with the City Zone District designation of the parcel in
m closest proximity.
V'Section3:
NMI ~u This Ordinance shall not effect any existing litigation and shall not operate as an
r abatement of any action or proceeding now pending under or by virtue of the ordinances
a a repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Ordinance No. 25, Series of 1999.
Page 2
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 5:
That the City Clerk is directed, upon the adoption of this Ordinance, to record among
the real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance.
Section 6:
A public hearing on the Ordinance was held on the 12th day of July, 1999, at 5:00 in the
City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
INTRODUC1D, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 14th day of June, 1999.
Attest;
t
bf 33er 4%lk
tiY
b;tCity Clerk Rac el Richards, Mayor
S n10
WALLY, adopted, passed and approved this 4, day of c 999.
yAltfestSa
Kathryn S: ach, City Clerk Rac el Richards, Mayor
Approved as to form:
1 111111 11111 111111 11111 111111 1111 111111 111 11111 1111 1111
437982 11/23/1999 09:559 ORDINCNC DAVIS SILYI
3 of 9 R 40.00 D 0.00 11 0.00 PITKIN COUNTY CO
City A
Exhibit A -- Legal Description of Lot #1, Burlingame Ranch Subdivision
Exhibit B -- Legal Descriptions for Zoning Boundaries
Ordinance No. 25, Series of 1999.
Page 3
Pqcvq
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JUN -22 -99 15.33 FROM.DRrL 10.3034. 4336 PAGE 4/e
w:
Drexel Barrell & cu.ailOUw SC ci1 .,
4' nil
GDtlit- 15
Engineers/Surveyors June 21, 1999
Boulder.
C°loradoSprings.A legal description of a tract of land located in
Greeley the W1 /2 of Section 2, TlOS, RS5W of the 6th P.M.,
Pitkin County, Colorado to be rezoned described as
4840 Pearl tau Circle follows:
Suite 114
Boulder. Colorado 80301.2475
PARCEL A
303.U2&338
303 442 4573 Fax
Commencing at the W1 /4 corner of said Section 2 from which the
Northwest Corner of said Section 2 bears NO3 °54'00 "E thence
N54 °23'15 "E, 1167.08 feet to the Westerly line of that tract of
land as described in deed recorded in Book 351 at Page 144 of the
records of Pitkin County and the TRUE POINT 07 BEGsaaJNG.
The following courses and distances are along the Westerly and
Southwesterly line of the tract of land as described in said Book
351 at Page 144:
Thence 802 °19'31 "W, 172.74 feet;
Thence S00 °09'12 "E, 57.52 feat;
ThenCe S24 °33'30 "E, 90.25 feet;
Thence 523 °06'36 "E, 294.29 feet;
Thence S19 °00'16 "E, 80.14 feet;
Thence S01 °13'45 "E, 243.16 feet;
Thence S02 °09'17 "W, 165.45 feet to the North line of that tract
of land as described in deed recorded in Book 181 at Page 320 of
the records of Pitkin County, Colorado;
Thence leaving the Westerly line of that tract of land as
described in said Book 351 at.Page 144, N87 °13'00 "W, 324.69 feat
along the Northerly line of that tract of land as described in
said Book 181 at page 320 to the Northwest corner thereof;
S. Pulling - 5665 -5C - 5028L3.SP)
1111111111111111 511111131111111011111110
437982 11/23/1999 09:558 ORDINRNC DAVIS SILVI
5 of 9 R 45.00 0 0.00 N 0.00 PITKIN COUNTY CO
un- ;da -en tb:33 rteuf:u,css
au•InJJ r..t.n ai e
Legal Description (Continued)Page 2
Thence S01 °46'00 "E, 233.55 feet along the West line of that tract
of land as described in said Book 181 at Page 320;
Thence Northwesterly, 127.83 feat along the are of a curve
concave Northerly said arc having a radius of 646.68 feet, a
central angle of 11 °19'34" and being subtended by a chord that
bears N76 °31'01 "W, 127.63 feet;
Thence N29 °07'50 "W, 26.29 feet;
Thence Northwesterly, 74.84 feet along the arc of a curve concave
Southwesterly said arc having a radius of 1226.18 feet, a central
angle of 03 °29'50" and being subtended by a chord that bears
N30 °52'45 "W, 74.83 feet;
Thence Northwesterly, 217.44 feet along the arc of a curve
concave southwesterly said arc having a radius of 615.87 feet, a
central angle of 20 °13'43" and being subtended by a chord that
bears N47 °39'27"W, 216.31 feet;
Thence Northwesterly, 17.24 feet along the arc of a curve concave
Southwesterly said arc having a radius of 36.57 feet, a central
angle of 27 °01'00" and being subtended by a chord that bears
N65°54'20 "W, 17.09 feet;
Thence Northwesterly, 181.80 feat along the are of a curve
concave Northeasterly said arc having a radius of 110.00 feet, a
central angle of 94 °41'39" and being subtended by a chord that
bears N26 °57'02 "W, 161.80 feet;
Thence Northerly, 78.93 feet along the arc of a curve concave
Northwesterly said arc having a radius of 215.00 feet, a central
angle of 21 °02'02" and being subtended by a chord that bears
N04°36'17 "E, 78.49 feet;
Thence Northeasterly, 107.96 feet along the are of a curve
concave Easterly said arc having a radius of 100.00 feet, a
central angle of 61°51'26" and being subtended by a chord that
bears N22 °05'39 "E, 102.79 feat;
Thence N32 °46'23 "E, 253.93 feet;
Thence Northerly, 93.73 feet along the arc of a curve concave
westerly said arc having a radius of 77.03 feet, a central angle
of 69 °42'58" and being subtended by a chord that bears
N06 °14'58 "E, 88.05 feet;
Thence Northeasterly, 178.74 feet along the are of a curve
S.Pulling - 5665 -5C - 5028L3.SP)
11111111111111111 It 11111111111111111
437982 11/23/1999 09:55A ORDINRNC DRVIS SILVI
6 of 9 R 45.00 0 0.00 N 0.00 PITKIN COUNTY CO
7
JUN 75.34 EKUS:U1( gL.y411/LY.3tl;sgq q:S 4tl emu& p/b
K
Legal Description (Continued)June 21, 1999 Page 3
concave Southeasterly said arc having a radius of 99.38 feet, a
central angle of 103 °02'59" and being subtended by a chord that
bears N29 0 51'34 "E, 155.60 feet;
Thence Northerly, 62.83 feet along the arc of a curve concave
Southwesterly said are having a radius of 20.00 feet, a central
angle of 180 °00'00" and being subtended by a chord that bears
x11 0 20'50 "W, 40.00 feet;
Thence 578 °39'10 "W, 108.72 feet;
Thence Northwesterly, 70.00 feet along the arc of a curve concave
Northeasterly said arc having a radius of 35.00 feet, a central
angle of 114 °35'30" and being subtended by a chord that bears
N44 °03'08 "W, 58.90 feet;
Thence Northeasterly, 238.21 feet along the arc of a curve
concave Southeasterly said are having a radius of 207.35 feet, a
central angle of 65 ° 49'23" and being subtended by a chord that
bears N45 °17'23 "E, 225.32 feet;
Thence Easterly, 301.60 feet along the are of a curve concave
Southerly said arc having a radius of 646.68 feet, a central
angle of 26 °43'18" and being subtended by a chord that bears
N81 °46'22 "E, 298.87 feet;
Area mi 14.231 acres more or less
Legal Description Prepared By:
Scott A. Pulling, PLS #27936
Drexel Darrell & Company
4840 Pearl East Circle, Suite 114
Boulder, Colorado 80301 -2475
303) 442 -4338
111111 11111 ION 1111 111111111111111 111111111111
437962 11/23/1999 09:55A ORDINRNC DAVIS SILVI
7 of 9 R 45.00 D 0.00 N 0.00 PITKIN COUNTY CO
S. Pulling - 5665 -SC - 5028L3.SP)
e",Drexel Barrell & co.
Ex Cont.)
Engineers/Surveyors 1 0
June 10, 1999
Boulder.
Cotorado5prugs A legal description of a tract of land located inCreei*•the NE1 /4 of Section 3, T10S, RBSW of the 6th
440Peut =ucCirne P.K., Pitkin County, Colorado to be rezoned
Suitt I,-
described as follows:
Soulcer. Colorado 80301-2475 - -
PalecEL c pM3=24333
303 42 43'3 Fa
Commencing at the Northeast corner of said Section 3 thence
S03 °54'00 "E, 60-83 feet along the East line of the NE1 /4 of said
Section 3 to the TRUE POINT OF BEGINNINQ.
Thence S03 °54'00 "W, 628.59 feet along the East line of the NE1/4
of said Section 3;
Thence S34 °10'31 "W, /04.09 feet;
Thence 546 °43'48 "W, 171.11 feet;
Thence 831 °07'15 "W, 28.33 feet;
Thence S16 °45'45 "W, 50.87 feet;
Thence S12 °34'30 "W, 57.66 feet;
Thence Southwesterly, 229.84 feet along the are of a curve
concave to the Northwest said arc having a radius of 793.11, a
central angle of ' 16 °36'14" being subtended by a chord that bears
S27 °50'56 "W, 229 ..03 feat;
Thence S41 021'17 "W 196.41 feet;
Thence Southwesterly, 196.02 feet along the arc of a curve
concave to the Southeast said and having a radius of 660.85, a
central angle of 16 °59'43" being subtended by a chord bears
S36 °00'46"W,`195.30 feet;xW ,.
S.Pulling - 5 -5C - 5033L.SP)
1111111 IMO 111111 1111111111 111111111111111111111 111
437902 11/23/1080 09:55R ORDENANC DAVIS SILVI
8 of 9 R 45.00 D 0.00 N 0.00 PITKIN COUNTY CO
Legal Description (Continued)14ay 31, 1999 Page 2
Thence N89 °57'53 "W, 232.36 feet to the East right -of -way line of
Colorado state Highway No. 82 as described in deed recorded in
Book 157 Page 53S of the records of Pitkin County, Colorado;
Thence NO3 °14'00 "E, 512.82 feet along the East right -of -way line
of said Colorado State Highway No. 82 to the South line Of a
tract of land as described in deed recorded in Book 243 at Page
773 of the records of Pitkin County, Colorado;
Thence along the South and Southeasterly line of that deed
recorded in said Book 243 at Page 773, the following (4)courses:
Thence S86 °46'04 "E, 356.35 feet;
Thence N21 0 32'23 "E, 711.89 feet;
Thence N28 °46'07 "E, 201.45 feet;
Thence N38 °25'48 "E, 174.73 feet to the East line of the NE1 /4 of
said Section 3 and the TRUE POINT OP BEGINNZHG.
Area 8.818 acres more or less
Legal
al
Description Prepar9 By:
6
Drexel Harrell & Company
4840 Pearl East Circle, Suite 1114
Boulder, CO 80301 -2475
303) 442 -4338
11111111110111111111111110110111111 BI um IIII INI
437902 11/23/1999 09:556 ORDINRNC DAVIS SKY'
9 of 9 R 45.00 D 0,00 N 0.00 PITKIN COUNTY CO
S.Pulling 5665 -5C - '5033L.SP)
a735b3(O(301 cf- 273S03I01Soz o0 G14.• Z.o0 cf'AsLU
IJ JJJL. Y
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iJJ - i1 E fy - ; J i : - A J. I i i 7 A 9`i, lump 1 1i ®I o 6
A 42.) A J 2] _, Sgt % g J J E
Main Valuation !Custom Fields Actions !Feel !Parcels !Fee Summary !Sub eermits j Attachments Routing Status Routing
v Permit Type laslu Aspen Land Use Permit # 10064.2009,ASLU
N
Address 38005 STATE HIGHWAY 82 Apt /Suite
o000 City 'ASPEN State NCO J Zip 81611
R Permit InFormation
Master Permit I J Routing Queue Iaslu07 Applied 110/06/2009 J
Project) —J Status 'pending Approved 1 J
Description TEXT MAP AMENDENT - ANNEXATION REQUEST (FORMER BMC WEST PROPERTY)Issued 1 1
Final 1 3
i Submitted ISTEVE BARWICK 920 5000 Clock Running Days 1 Expires 110 /0112010 i
Owner
Last Name (CITY OF ASPEN J 1FirstName 130 5 GALENA ST
ASPEN CO 81611Phone ((970) 920 -5000
Owner Is Applicant?
Applicant
Last Name (CITY OF ASPEN J First Name (CITY HALL 130 5 GALENA ST
Phone I Cust it 128426
ASPEN CO $1611
Lender
Last Name [z First Name I
Phone (
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