HomeMy WebLinkAboutAspen Mini Storage_Memo_Final
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MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Ben Anderson, Long-Range Planner
Kevin Rayes, Planner II
THRU: Phillip Supino, Community Development Director
MEMO DATE: March 15, 2022
MEETING DATE: March 22, 2022
RE: 1st Reading: Aspen Mini-Storage – Annexation and Initial Zoning.
Applicant:
City of Aspen
Capital Asset Department
Representative:
Robert Schultz, Robert Schultz Consulting, LLC
Location:
Aspen Mini-Storage Property, 105 Woodward
Lane, Aspen CO 81611
Current Zoning
B-2 (General Business) pursuant to Pitkin
County Zoning
Summary:
The City of Aspen recently acquired the Aspen-
Mini Storage property adjacent to the Aspen
Business Center. The City requests to annex
the land and rezone the property to Service,
Commercial, Industrial (S/C/I) with a Planned
Development overlay to memorialize existing
conditions on the site.
STAFF RECOMMENDATION:
The requests associated with this application
meet all applicable local review criteria and
comply with the provisions set forth by State
Statute.
For context, while this application is focused on
the annexation of land and memorializing
existing conditions, the City plans to eventually
develop affordable housing on the subject
property which will require a subsequent land
use review.
Staff recommends approval of the application.
Figure 1: Mini-Storage Location
City Limits
Mini-
Storage
Figure 2: Mini-Storage Existing Improvements
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REQUEST OF CITY COUNCIL:
The applicant is requesting the following approvals:
• Annexation of the Property into The City of Aspen
Annexation is not a topic that is described in the Land Use Code. Instead, Aspen has an
adopted Annexation Plan and other provisions in the Municipal Code that provide
annexation review criteria. Additionally, Colorado Revised Statutes require other
provisions and processes that have separately been addressed.
• Amendments to the Land Use Code & Official Zone District Map (Land Use Code
Section 26.310)
This city-owned property is currently located within Pitkin County- outside city limits. The
property is zoned B-2 (General Business) which is a zoning designation prescribed by the
County. Pending approval to annex the parcel, land use control will shift to City jurisdiction.
State statute requires that annexed properties be zoned in accordance with existing and
surrounding uses at the time of annexation. The application requests to rezone the property
to Service, Commercial, Industrial (S/C/I) which is a zone district established by the City
that is most compatible with the existing use as a mini-storage facility.
• Consolidated Conceptual and Final PD- Project Review and Detailed Review (Land
Use Code Section 26.445.050)
Upon annexing the City-owned property, the applicant requests to create a Planned
Development (PD) overlay to memorialize existing conditions and provide a guarantee that
existing improvements and uses are legally established but cannot be expanded.
On March 1st, the Planning and Zoning Commission recommended approval of the annexation
and the establishment of initial zoning. City Council is the final review authority for these requests.
SUMMARY AND BACKGROUND:
The mini-storage facility was purchased by the City of Aspen in 2020. The 3-acre property is
located within Pitkin County, and within the urban growth boundary, and just outside City limits.
Pursuant to County zoning, the property is located within the (B-2) General business zone district
and is improved with several buildings that provide storage services to the public.
The adjacent property to the east is also owned by the City and continues to function as a
lumberyard. Eventually, the City plans to assemble these properties as part of the Lumberyard
affordable housing project that is currently being planned and designed.
The scope of this application is limited to: 1) annexing the mini-storage facility into City limits, and
2) establishing an initial zoning of the property to Service, Commercial, Industrial (S/C/I) with a
Planned Development overlay. The purpose is to “freeze” the site in its current condition and
memorialize its use as a mini-storage facility – that includes a dwelling unit for the manager of the
storage facility.
This application does not request any new development. Development of an affordable housing
project is anticipated for the future; however, it will require a subsequent land use application and
remains subject to review and approval from the Planning & Zoning Commission and City Council.
DISCUSSION & STAFF FINDINGS
Annexation
Many of the review standards related to annexations are dictated by Colorado Revised Statutes.
The standards prescribed by the State are generally written to anticipate annexations that
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encumber multiple properties and land uses, which generally requires significant coordination
among various stakeholders, members of the public, and businesses. The scope of this
application is quite narrow as it is concerned with a single parcel that is owned by the City of
Aspen. The property currently provides storage services to the public, which will not change
following the annexation. While some of the criteria related to annexations are applicable, the
majority are not. For example, one criterion requires that no less than fifty percent of adult
residents of the area proposed to be annexed to make use of part or all recreational, civic, social,
religious, industrial, or commercial uses within the annexing municipality. Because of the use as
a mini-storage facility, this criterion is not applicable.
One criterion that is applicable to this request requires at least one-sixth of the perimeter of the
area proposed for annexation to be contiguous with the annexing municipality. The total perimeter
of the property subject to the annexation is 1,665.54 linear feet. The contiguous portion of the
perimeter is 435.05 linear feet. One sixth of the perimeter is 277.59 linear feet, which shows the
necessary contiguity is met.
Other annexation criteria are prescribed by City regulations. The first requires alignment with the
goals set forth within the Aspen Area Community Plan (AACP). Pursuant to the AACP, properties
located within the Urban Growth Boundary (UGB) are appropriate for annexation. As previously
mentioned, the subject property is located within the UGB. Local code also requires a fiscal impact
analysis to be conducted for any changes in use that might occur because of the annexation. In
this instance, the storage facility that currently exists within the County will remain as a storage
facility upon annexation into the City. No new development is proposed as part of the application
and so a fiscal analysis is not required. If the property is redeveloped in the future, a fiscal analysis
along with a subsequent land use application would be conducted as part of the eventual
Lumberyard affordable housing project. Importantly, the property, following annexation, will
remain as part of all special districts (for property taxation purposes) to which it is currently subject.
Rezoning
Because it is located within the County, the property is currently zoned B-2 (General Business)
which allows for the existing use of a storage facility. Pending approval for annexation, the
property will fall under the jurisdiction of the City and will need to be rezoned to a zone district
established under Title 26 of the City land use code. Upon analyzing the intent and purpose of
the zone districts set forth within the code, staff believes that rezoning the property to
Service/Commercial/Industrial (S/C/I) will allow the existing use to remain compliant with
underlying zoning. Rezoning a property requires compatibility with surrounding zone districts and
land uses. The purpose of S/C/I is consistent with the intent of the B-2 zoning. Like B-2, S/C/I is
intended to enhance the City’s commercial diversity by allowing light industrial, manufacturing,
production, repair, and other service-related uses.
The property to the north is located within unincorporated county and includes commercial, light
industrial and affordable housing uses. To the east are storage and affordable housing uses.
Pitkin County Airport is located to the west. The mix of surrounding uses are consistent with the
mini storage facility. Additionally, rezoning the property will not change demands on public
facilities. Existing capacity for services such as transportation, sewage, water supply, parks,
drainage, or schools will not be impacted. The purpose of rezoning is to legalize the established
use of the storage facility within City limits. No changes to the property are proposed. Any future
development will require a subsequent application and review.
Final Planned Development (Combined Project and Detailed Review)
In addition to rezoning the property to S/C/I, the application seeks to establish a Planned
Development overlay on the annexed land. Doing so effectively “freezes” the current condition
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in place as this application does not include any proposed new development. When the City is
ready to move forward with a development plan, a land use application will be submitted,
resulting in a comprehensive land use review.
Pursuant to the Land Use Code, approval of Project Review and Detailed Review together
constitute a Final Planned Development Approval. Both reviews are needed for a Planned
Development to become official.
Project Review is intended to establish the allowed dimensions of a property and ensure site
planning is compatible with the context of the area. Detailed review is intended to perfect and
finalize the detailed aspects of the project within the parameters established during Project
Review.
It should be noted that the establishment of an S/C/I - PD zoning designation on this property is
identical to the zoning established on the adjacent Lumberyard property and is proposed for
identical purposes.
RECOMMENDATION:
Two ordinances are included with this request. Ordinance #02 approves the annexation and
Ordinance #03 establishes the initial zoning of the property. Staff recommends approval of both
ordinances on First Reading and setting two public hearings to fully vet the requests. At Second
Reading, staff recommends approval of the request to annex the subject property and to rezone
the parcel to the Service/Commercial/Industrial (S/C/I) zone district and to establish a Planned
Development Overlay.
PROPOSED MOTION:
Staff recommends that Council approve both ordinances on First Reading and set a public hearing
date for each ordinance to fully vet the request. The following motion for each ordinance can be
made:
1. “I move to approve Ordinance #02 (Series of 2022) on First Reading & set a public hearing
(Second Reading) for April 12th. (Annexation)
2. “I move to approve Ordinance #03 (Series of 2022) on First Reading & set a public hearing
(Second Reading) for April 12th. (Zoning and Planned Development)
ATTACHMENTS:
Ordinance #02, Series of 2022
Ordinance #03, Series of 2022
Exhibit A.1 | Annexation Criteria - Staff Findings
Exhibit A.2 | Rezoning Criteria - Staff Findings
Exhibit A.3 | Planned Development Criteria – Staff Findings
Exhibit B | Application
Exhibit C | Annexation Map
Exhibit D | Current Site Improvements – PD Site Plan
Exhibit E | P&Z recommendation of approval