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Home My WebLink AboutExhibit B__ApplicationExhibit B | Application Exhibit B | Application Exhibit B | Application Exhibit B | Application Exhibit B | Application ALTA Commitment For Title Insurance AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3 RD FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Nola Warnecke (nola@sopris.net) TJ Davis - (tjd@sopris.net) Joy Higens - (joy@sopris.net) Issued By Home Office: 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone (407) 629-5842 Exhibit B | Application ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation,("Company"), for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY Countersigned: Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen, CO 81611 Exhibit B | Application CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000.00 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. Exhibit B | Application COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: November 30, 2021 at 8:00 AM Case No. PCT25725W 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: TO BE DETERMINED (b) ALTA Loan Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: (c) ALTA Loan Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: CITY OF ASPEN, a Colorado home rule municipal corporation 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 3, COMMUNICATIONS CENTER SUBDIVISION, according to the Plat thereof recorded October 3, 1988 in Plat Book 21 at Page 34. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: Exhibit B | Application SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. Exhibit B | Application SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded March 16, 1923 in Book 55 at Page 570. 8. Easement and right of way for the installation, operation, maintenance, repair and replacement of a bicycle trail, as granted by Safeway Stores, Inc. to Pitkin County Board of Commissioners by instrument recorded April 11, 1978 in Book 345 at Page 975. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded May 18, 1981 in Book 408 at Page 663 as Resolution No. 81-34. 10. Easement and right of way for underground electric lines purposes, as granted by Micro-Cable Communication to Holy Cross Electric Association, by instrument recorded January 14, 1982 in Book 419 at page 805, said easement being that portion which lies within subject property as described in said instrument as evidenced by Improvement Survey of Aspen Survey Engineers dated October 21, 2005, Job #10358B. 11. Easement and right of way for electric line purposes, as granted to Holy Cross Electric Association, by instrument recorded September 27, 1974 in Book 291 at Page 647, January 14, 1982 in Book 419 at Page 807 and in Book 582 at Page 227. 12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded July 21, 1982 in Book 429 at Page 575 as Resolution No. 82-67. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded April 18, 1983 in Book 443 at Page 641 as Resolution No. 83-35 and Water Drainage Requirements Memo recorded July 24, 1985 in Book 491 at Page 640. 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded July 15, 1985 in Book 489 at Page 784 as Resolution No. 85-77. (Continued) Exhibit B | Application SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Easements, rights of way and all matters as disclosed on Plat of Communications Center recorded July 24, 1985 in Plat Book 17 at Page 52 and First Amended Plat recorded April 14, 1988 in Plat Book 20 at Page 73 and Communication Center Subdivision Plat recorded July 27, 1988 in Plat Book 21 at Page 34 and Resolution of the Board of County Commissioners No. 88-73 recorded October 9, 2019 as Reception No. 659394. 16. First Amendment to Condominium Declaration for the Communication Center, a Condominium recorded July 30, 1990 in Book 625 at Page 979. 17. Easement and right of way to construct, reconstruct, repair, change, enlarge, rephase, operate and maintain an electric transmission or distribution system, as granted by Ralph H. Woodward to Holy Cross Electric Association by instrument recorded November 12, 1991, in Book 661 at Page 822. 18. Easement and right of way to operate and maintain such telecommunications facilities as are currently in place or which may be added from time to time in the future within the conduit structure currently in place, as granted by Ralph H. Woodward to U.S. West Communications, Inc. by instrument recorded January 29, 1997, at Reception No. 401340. 19. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners of Pitkin County, Colorado recorded August 17, 1999 as Reception No. 434491 as Resolution No. 99-112. 20. Easement and right of way for construction, maintenance of roadway, utilities, drainage and bike path purposes, as granted by Ralph H. Woodward to Department of Transportation, State of Colorado, by instrument recorded September 1, 2000, at Reception No. 446652. 21. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners of Pitkin County, Colorado recorded January 3, 2017 as Reception No. 635142 as Resolution No. 126-2016. 22. Easements, rights of way and all matters as disclosed on Aspen Mini Storage LLC Parking Area Site Plan recorded January 23, 2017 in Plat Book 117 at Page 65. 23. Any and all leases or tenancies whether or not they are shown in the public record. 24. Encroachments and all matters as disclosed by Survey of High Country Engineering, Inc. dated October 21, 2019 as Job No. 2191693. 25. NOTE: The title commitment is subject to underwriting approval. The Company reserves the right to make changes. Exhibit B | Application ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT25725W SELLER: CITY OF ASPEN, a Colorado home rule municipal corporation BUYER: TO BE DETERMINED The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 is $55.00 A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse claims, or other matters known by Seller and Buyer. The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event information regarding defects, liens, encumbrances, adverse claims, or the like are discovered. The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage and any additional requirements deemed necessary by the Company. The Company hereby reserves the right to deny any of the above coverage's at its sole discretion. Exhibit B | Application PITKIN COUNTY TITLE, INC. Disclosures Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1-3. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Exhibit B | Application Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Exhibit B | Application Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. Exhibit B | Application Exhibit B | Application PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 8910 354 425 REFERENCE:PCT25725W/TO BE DETERMINED Exhibit B | Application Exhibit B | Application 2.0' WITNESS CORNER SET #5 REBAR & 1-1/4" BLUE PLASTIC CAP WC TNC PLS38215 FOUND #5 REBAR & 1-1/4" YELLOW PLASTIC CAP LS16129 FOUND #5 REBAR & 1-1/4" YELLOW PLASTIC CAP HCE LS19598 FOUND #4 REBAR & 1" RED PLASTIC CAP ILLEGIBLE FOUND #5 REBAR & 1-1/2" ALUMINUM CAP LS31551 FOUND #5 REBAR & 1-1/4" YELLOW PLASTIC CAP LS23875 9.7' WITNESS CORNER FOUND #5 REBAR & 2" ALUMINUM CAP LS23875 LOT 2 COMMUNICATIONS CENTER SUBDIVISION PLAT BOOK 21-PAGE 34 OWNER: TCI OF NORTH NEW JERSEY INC PARCEL NO. 2735-031-02-002 LOT 3 QWEST/CITY OF ASPEN SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT BOOK 61 - PAGE 24 OWNER: ASPEN BUSINESS PARK INVESTORS LLC PARCEL NO. 2735-031-01-003 N84°34'00"E 201.89' PLAT=201.92' R=2160.00' L=182.99' CB=S10°29'43"W CH=182.93' PLAT=S10°32'21"W 182.94' PLAT=N84°34'00"E 2 2 9 . 5 0 ' N84°37'50"E 229.84' S 0 6 ° 4 1 ' 3 3 " E 2 1 6 . 3 5 ' P L A T = S 0 6 ° 3 8 ' 0 0 " E 2 1 6 . 1 7 ' PLAT=S84°34'00"W S84°37'22"W 435.05' R=1960.00' L=399.42' CB=N07°57'33"W CH=398.73' PLAT=N07°54'08"W 398.70' PLAT=L=399.39' AMERICAN ROAD W O O D W A R D L A N E COLORADO STATE HIGHWAY NO. 82 1 0 ' S E W E R E A S E M E N T B O O K 2 5 3 P A G E 2 1 0 20' UTILITY EASEMENT PLAT BOOK 21 PAGE 34 2 0 ' U T I L I T Y E A S E M E N T P L A T B O O K 2 1 P A G E 3 4 30' ROAD EASEMENT PLAT BOOK 21 PAGE 34 10' ELECTRIC EASEMENT PLAT BOOK 21 PAGE 34 BOOK 291 PAGE 647 15' CABLE T.V. EASEMENT PLAT BOOK 21 PAGE 34 AND 15' WIDE BICYCLE TRAIL EASEMENT BOOK 345 PAGE 975 10' UTILITY EASEMENT PLAT BOOK 21 PAGE 34 BOOK 291 PAGE 647 15' ACCESS EASEMENT PLAT BOOK 21 PAGE 34 LOT 3 COMMUNICATIONS CENTER SUBDIVISION PLAT BOOK 21 PAGE 34 2.977± ACRES LOT 2 - BLOCK-1 AMENDED AND RESTATED PLAT OF ASPEN AIRPORT BUSINESS CENTER FILING NO. 1 PLAT BOOK 7 - PAGE 79 OWNER: CITY OF ASPEN PARCEL NO. 2735-031-01-802 PAVED ROADWAY LOT 1 COMMUNICATIONS CENTER SUBDIVISION PLAT BOOK 21-PAGE 34 OWNER: TCI OF NORTH NEW JERSEY INC PARCEL NO. 2735-031-02-001 GR E E N B E L T A R E A PL A T B O O K 7 - P A G E 7 9 OW N E R : P I T K I N C O U N T Y PA R C E L N O . 2 6 4 3 - 3 4 4 - 0 0 - 8 5 2 COVENANT NO BUILDINGS OR IMPROVEMENTS PLAT BOOK 17 PAGE 52 BASIS OF BEARINGS S13°07'19"E 14.33' 20 ' H O L Y C R O S S O V E R H E A D EL E C T R I C E A S E M E N T BO O K 4 1 9 P A G E 8 0 7 BO O K 5 8 2 P A G E 2 2 7 10' HOLY CROSS UNDERGROUND ELECTRIC EASEMENT BOOK 661 PAGE 822 10' U.S. WEST COMMUNICATIONS TELEPHONE EASEMENT RECEPTION NO. 401340PERMANENT EASEMENT FOR CONSTRUCTION, MAINTENANCE OF ROADWAY, UTILITIES, DRAINAGE & BIKE PATH TO CDOT RECEPTION 446652 (VARIABLE WIDTH) NOTES: 5.THIS ANNEXATION PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO, LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLE COMMITMENT CASE NO. PCT25456W ISSUED BY PITKIN COUNTY TITLE INC, EFFECTIVE DATE: SEPTEMBER 26, 2019 LEGEND SURVEYOR 'S STATEMENT BY ME AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE. SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM COUNTY OF PITKIN, STATE OF COLORADO LOT 3 COMMUNICATIONS CENTER SUBDIVISION ANNEXATION PLAT TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com PROJECT NO: 2021-372 DATE:October 21, 2021 DRAWN RPK SURVEYED GBL SHEET 1 OF 1 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY 30' 15'60' SCALE: 1" = 30' N PROPERTY DESCRIPTION: 0 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. CONTIGUOUS CITY OF ASPEN LIMITS VICINITY MAP SITE ANNEXATION DATA TOTAL BOUNDARY = 1665.54 LINEAR FEET CONTIGUOUS BOUNDARY = 435.05 LINEAR FEET RATIO = 1: 3.828 AREA = 2.977 ACRES CITY OF ASPEN ENGINEER 'S APPROVAL CITY COUNCIL APPROVAL CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL CLERK AND RECORDER'S CERTIFICATE ORF R EV I E W Exhibit B | Application Attachment D Vicinity Map Exhibit B | Application G METAL LEAN-TO LUMBER STORAGE BUILDING 322.3' S 320.7' 24 . 2 ' EDGE OF PAVEMENT E E D YH INLET 7775.23 INLET 7775.39 G R A V E L P A R K I N G - S T O R A G E A R E A R O C K W A L L 180.7' 180.7' 20 . 4 ' 20 . 4 ' INLET 7771.24 INLET 7772.75 INLET 7771.14 METAL STORAGE BUILDIN G M E T A L S T O R A G E B U I L D I N G METAL STORAGE BUILDIN G 25.0' 30.0' 30.0' 20.0' INLET 7771.22 25.0' 30.0' 30.0' 20.0' 15.5' (TIE) BUILDING 20.0' 5.0' 25.0' 6 0 . 6 ' 9 7 . 8 ' 3 5 . 0 ' 1 0 5 . 7 ' 1 0 5 . 7 ' 1 0 5 . 7 ' 1 0 5 . 7 ' 1 0 5 . 7 ' 1 0 5 . 7 ' 1 3 5 . 7 ' 1 3 5 . 7 ' 185.7' 185.7' 20 . 0 ' 2 0 . 0 ' E D G E O F P A V E M E N T M E T A L S T O R A G E B U I L D I N G M E T A L S T O R A G E B U I L D I N G M E T A L S T O R A G E B U I L D I N G M E T A L S T O R A G E B U I L D I N G 1 0 5 W O O D W A R D L A N E 2.0' WITNESS CORNER SET #5 REBAR & 1-1/4" BLUE PLASTIC CAP WC TNC PLS38215 FOUND #5 REBAR & 1-1/4" YELLOW PLASTIC CAP LS16129 ROCK RETAINING SITE BENCH MARK FOUND #5 REBAR & 1-1/4" YELLOW PLASTIC CAP HCE LS19598 ELEVATION: 7775.13 FOUND #4 REBAR & 1" RED PLASTIC CAP ILLEGIBLE FOUND #5 REBAR & 1-1/2" ALUMINUM CAP LS31551 FOUND #5 REBAR & 1-1/4" YELLOW PLASTIC CAP LS23875 P A V E D R O A D W A Y P A V E D D R I V E PAVED DRIVE 2'± ELEVATION DROP BETWEEN CONCRETE & PAVEMENT ALONG THIS LINE 4' W I D E C O N C R E T E D R A I N A G E P A N 9.7' WITNESS CORNER FOUND #5 REBAR & 2" ALUMINUM CAP LS23875 9.7' (TIE) CONCRETE RETAINING W A L L LOT 2 COMMUNICATIONS CENTER SUBDIVISION LOT 1 COMMUNICATIONS CENTER SUBDIVISION LOT 3 QWEST/CITY OF ASPEN SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT P A V E D P A T H AMERICAN ROAD W O O D W A R D L A N E COLORADO STATE HIGHWAY NO. 82 N O R T H B O U N D L A N E - P A V E D R O A D W A Y GREENBELT AREA PLAT BOOK 7 PAGE 79 20' UTILITY EASEMENT PLAT BOOK 21 PAGE 34 2 0 ' U T I L I T Y E A S E M E N T P L A T B O O K 2 1 P A G E 3 4 30' ROAD EASEMENT PLAT BOOK 21 PAGE 34 15' ACCESS EASEMENT PLAT BOOK 21 PAGE 34 LOT 3 COMMUNICATIONS CENTER SUBDIVISION 2.977± ACRES 777 9 777 8 7772 7773 7 7 7 5 7780 7785 7 7 9 0 7 7 8 0 7 7 8 5 7 7 8 5 77 8 5 77 8 3 7 7 8 0 77 8 0 7780 7778 777 7 77 8 0 7775 7777 777577 7 5 77 7 4 PAVED ROADWAY N84°34'00"E 201.89' PLAT=201.92' R=2160.00' L=182.99' CB=S10°29'43"W CH=182.93' PLAT=S10°32'21"W 182.94' PLAT=N84°34'00"E 2 2 9 . 5 0 ' N84°37'50"E 229.84' S 0 6 ° 4 1 ' 3 3 " E 2 1 6 . 3 5 ' P L A T = S 0 6 ° 3 8 ' 0 0 " E 2 1 6 . 1 7 ' S84°37'22"W 435.05' PLAT=S84°34'00"W R=1960.00' L=399.42' CB=N07°57'33"W CH=398.73' PLAT=N07°54'08"W 398.70' PLAT=L=399.39' COVENANT NO BUILDINGS OR IMPROVEMENTS PLAT BOOK 17 PAGE 52 BASIS OF BEARINGS 20' HOLY CROSS OVERH E A D ELECTRIC EASEMENT BOOK 419 PAGE 807 BOOK 582 PAGE 227 10' HOLY CROSS UNDERGROUND ELECTRIC EASEMENT BOOK 661 PAGE 822 10' U.S. WEST COMMUNICATIONS TELEPHONE EASEMENT RECEPTION NO. 401340 10' ELECTRIC EASEMENT PLAT BOOK 21 PAGE 34 BOOK 291 PAGE 647 15' CABLE T.V. EASEMENT PLAT BOOK 21 PAGE 34 AND 15' WIDE BICYCLE TRAIL EASEMENT BOOK 345 PAGE 975 10' UTILITY EASEMENT PLAT BOOK 21 PAGE 34 BOOK 291 PAGE 647 PERMANENT EASEMENT FOR CONSTRUCTION, MAINTENANCE OF ROADWAY, UTILITIES, DRAINAGE & BIKE PATH TO CDOT RECEPTION 446652 (VARIABLE WIDTH) NOTES: 5. THIS SITE PLAN DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO, LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLE COMMITMENT CASE NO. PCT25456W ISSUED BY PITKIN COUNTY TITLE INC, EFFECTIVE DATE: SEPTEMBER 26, 2019 6. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) STATION S 159 HAVING AN ELEVATION OF 7720.88. 7. CONTOUR INTERVAL EQUALS 1 FOOT. 8. UNDERGROUND UTILITIES SHOWN HEREON WERE LOCATED BY ROARING FORK UTILITY LOCATORS LLC. SANITARY SEWER LINES WERE PROVIDED BY ASPEN CONSOLIDATED SANITATION DISTRICT. UTILITIES SHOWN HEREON ARE FOR PLANNING PURPOSES ONLY. PLEASE CALL 811 PRIOR TO ANY DIGGING OR EARTHWORK CONSTRUCTION FOR UTILITY VERIFICATION. LOT 3 COMMUNICATIONS CENTER SUBDIVISION SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM COUNTY OF PITKIN, STATE OF COLORADO PD SITE PLAN CATV PEDESTAL D POWER POLE GUY ANCHOR SIGN STORM DRAIN MANHOLE ELECTRIC MANHOLEE WATER METER IRRIGATION VALVE BOX W IVB DRAINAGE INLET WATER LINE SEWER LINE TELEPHONE LINE FIBER OPTIC LINE GAS LINE OVERHEAD ELECTRIC LINE CATV LINE ELECTRIC LINE TELEPHONE PEDESTAL DYH S FIRE HYDRANT SANITARY MANHOLE ELECTRICAL TRANSFORMER GAS METER ELECTRICAL METER G LEGEND E 30' 15'60' SCALE: 1" = 30' N 0 CLEAN-OUT WATER VALVE BOX CDOT COMMUNICATION VAULT BOLLARD CHAIN-LINK FENCE WOOD FENCE A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com DRAWN LDV SURVEYED DJB SHEET 1 OF 1 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. VICINITY MAP SITE SURVEYOR 'S STATEMENT I, RODNEY P. KISER, DO HEREBY STATE THAT THIS SITE PLAN IS BASED ON A FIELD SURVEY IN SEPTEMBER OF 2020 AND WAS PREPARED BY ME AND UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE. PROJECT NO: 2021-372 DATE:October 22, 2021 PROPERTY DESCRIPTION: Exhibit B | Application Exhibit B | Application Exhibit B | Application PRE-APPLICATION CONFERENCE SUMMARY DATE: 10/19/21 PLANNER: Ben Anderson, Planner, City of Aspen, 429-2765 PROJECT NAME AND ADDRESS: 105 AABC (Pitkin County), Mini-Storage associated with the Lumberyard Project PARCEL ID# 273503102003 REPRESENTATIVE: Bob Schultz, Representative for City Asset Department, 963-3670 DESCRIPTION: In 2020, The City of Aspen purchased a nearly 3-acre parcel in the AABC (Aspen Airport Business Center). This recently acquired property, which is located in unincorporated Pitkin County, but within the Urban Growth Boundary is anticipated to be combined with other adjacent properties (including the “Lumberyard” property) in the creation of an affordable housing development. The property currently contains a mini-storage facility and related uses and structures. Prior to the future Land Use actions that would grant the full entitlements to the eventual project, an application related to this PreApp is be limited to pursue: 1) annexation of the property into the City of Aspen, and 2) establish a “holding” zone that would memorialize the existing development and use of the property until the final plan for the site is developed and implemented. It is proposed that the annexation and initial zoning of the property would be carried out through two ordinances. The annexation process, which is outlined in a step-by-step description in the City of Aspen’s Annexation Plan, would be handled in the first Ordinance. The second Ordinance would establish the initial zoning on the property – which is proposed as SCI (Service/Commercial/Industrial) with a Planned Development Overlay would recognize the current conditions of the property, memorialize the existing development and use of the property, and limit the use until the eventual affordable housing project is initiated. This second Ordinance would require a recommendation from COA’s Planning and Zoning Commission prior to Council review. The Planned Development, as it will be defined and limited by the existing conditions will be very limited in scope and shall be considered in single review by City Council (separate reviews for project and detailed review are not necessary). It is anticipated that both Ordinances will be considered concurrently. Additional Items to consider: 1) This action – the process and steps, is recommended to be modeled after the 2011 action which annexed and rezoned the adjacent Lumberyard process 2) The annexation shall be consistent with requirements as specified by the Colorado Revised Statutes 3) Because of the relatively small size of the proposed annexation (< 10 acres), this annexation does not require the filing of an annexation report with the Pitkin County Board of County Commissioners (BOCC). However, staff strongly encourages the applicant to reach out to Pitkin County for a letter or other statement of support for the annexation and zoning actions. Public Noticing will be required for several public hearings related to the proposed land use actions. Staff requires that Enhanced Public Information is provided per 26.304.035 and strongly recommends that an Information Exhibit B | Application Meeting (in person, virtual, etc.) of some form be held to inform neighbors of the relationship of these land use actions to the anticipated future project. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.310 Amendments to the Text and Zone District Map 26.445 Planned Development 26.575.020 Calculations and Measurements 26.710.160 SCI Zone District CRS 31-12-102…sequence – State Statutes Related to Annexation See Attachment – City of Aspen’s Annexation Plan For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Community Development staff for complete application Planning and Zoning Commission for Recommendation City Council for Ordinances: Annexation and Planned Development/Rezoning PUBLIC HEARING: Yes; P&Z and City Council PLANNING FEES: $7,800 deposit for 24 hours of staff time (Additional/fewer hours billed/refunded at $325 per hour) REFERRAL FEES: City Engineering Department - $325; 1 hour deposit – additional hours will be billed as necessary. TOTAL DEPOSIT: $8,125 APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: ben.anderson@cityofaspen.com  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. The purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use Case.  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. This should include responses to Statutory and Local Annexation Criteria – as identified in COA’s Annexation Plan  An annexation plat/map  Draft of annexation petition Exhibit B | Application  A site improvement survey (no older than a year from submittal) including topography, existing structures, and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. The survey and related information should document the existing structures (floor plans, floor area and other dimensions) and uses on the property. While an annexation report is not required, due to the size of the parcel, the survey could be a mechanism to provide information that would typically be in the annexation report, as applicable.  HOA Compliance form (Attached to Application) Once the copy is deemed complete by staff, the following items will then need to be submitted:  Total fee for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Exhibit B | Application Attachment I Adjacent County Zoning 4,672 778.7 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0778.7389.36 Notes Pitkin Maps & More THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 2:30 PM 10/07/21 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Full Address Parcel Boundary Zone District Labels Zone District AH Affordable Housing AH/PUD Affordable Housing/PUD AR-10 Agricultural/Residential (10 Acre) AR-2 Agricultural/Residential (2 Acre) B-1 Rural Business B-2 Business CD/PUD Conservation Development I Industrial LIR-35 Low Impact Residential (35 Acre) Residential Multi-Family MHP Moble Home Park MHP/PUD Mobile Home Park PUD P-I Public-Institutional PUB Public R-6 Medium Density Residential R-15 Moderate Density Residential R-15A Moderate Denisty Residential R-15B Moderate Density Residential R-30 Suburban Density Residential RR Rural Remote RS-160 Resource (160 Acre) RS-20 Resource (20 Acre) Exhibit B | Application Attachment J Adjacent City Zoning Existing County Zoning is B-2 Proposed City Zoning is SCI PD Exhibit B | Application Exhibit B | Application CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying that the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Sara Ott, City Manager, City of Aspen, Colorado Email: Sara.Ott@aspen.gov Phone No.: 970-920-5083 Address of 105 AABC (aka Woodward Ln.), Aspen, CO 81611 Property: (subject of application) I certify as follows: (pick one) This property is not subject to a homeowner association or other form of private c ovenant. □ This property is subject to a homeowner association or private covenant, and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. □ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Date: 11/30/2021 Owner printed name: Sara G. Ott or, Attorney signature: Date: Attorney printed name: November 2021 City of Aspen|427 Rio Grande Place|(970) 920 5090 DocuSign Envelope ID: 7D7C5B06-B4A1-43B4-8338-B3F48227207D Sara Ott Exhibit B | Application Land Use Application Determination of Completeness Date: January 13, 2022 Christopher Everson City of Aspen 427 Rio Grande Pl. Aspen, CO 81611 Dear Christopher, We have received your land use application for the Aspen Mini Storage Annexation Review (LPA-21-133) and reviewed it for completeness. Your Land Use Application has been deemed Complete. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Ben will be the staff planner for this project and his contact information is as follows: ben.anderson@aspen.gov. At this time, please submit the $8,125.00 deposit by contacting our administrative staff for other payment options. The administrative staff may be reached during normal business hours at 970-920-5090 or buildingadmins@cityofaspen.com. Thank You, Garrett Larimer, Senior Planner City of Aspen, Community Development Department Exhibit B | Application Land Use Application Determination of Completeness Date: January 13, 2022 Christopher Everson City of Aspen 427 Rio Grande Pl. Aspen, CO 81611 Dear Christopher, We have received your land use application for the Aspen Mini Storage Annexation Review (LPA-21-133) and reviewed it for completeness. Your Land Use Application has been deemed Complete. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Ben will be the staff planner for this project and his contact information is as follows: ben.anderson@aspen.gov. At this time, please submit the $8,125.00 deposit by contacting our administrative staff for other payment options. The administrative staff may be reached during normal business hours at 970-920-5090 or buildingadmins@cityofaspen.com. Thank You, Garrett Larimer, Senior Planner City of Aspen, Community Development Department Exhibit B | Application Aspen Mini Storage Annexation Request Initial Zoning Map Request Planned Development (Combined Project/Detailed) 105 AABC (aka Woodward Ln.) Lot 3 of the Communications Center Subdivision Parcel: 273503102003 Prepared for: City of Aspen 130 S. Galena St. Aspen, CO 81611 Prepared by: Robert Schultz Consulting, LLC 354 Fawn Dr. Carbondale, CO 81623 October 2021 Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 2 Introduction The City of Aspen acquired Lot 3 of the Communications Center Subdivision for future development of affordable housing as part of a land assemblage with the adjacent City-owned parcels. At this time, the City applies to: 1.) annex the land, and, 2.) zone the property SCI PD to allow the existing storage use to continue without expansion until future plans for housing are completed, approved, and ready for construction. That will require initial zoning to be granted and adoption of the current survey as defining the Planned Development. The +/- 2.977-acre property is currently in unincorporated Pitkin County and within the Aspen Urban Growth Boundary. The County zoning for the property is B-2 (General Business). The current uses include 244 storage units, an office, and an apartment for the on-site manager. Two of the seven storage buildings include basement level storage. There are also 27 commercial parking spaces at the site. The Communications Center Subdivision is not part of the Aspen Airport Business Center but rather was the subject of county subdivision in 1985. In 1988, it was re-subdivided to create Lot 3, the subject parcel. In 1990, Lot 3 was removed from the Condominium Declarations that bound the subdivision. The benefits of annexation to the City are that the existing +/- 27,587 square foot (sf) storage operation will continue to operate and generate lease revenue for the City while ongoing analysis and planning for future housing is completed. The lumber yard property to the south was acquired and annexed for similar purposes in 2009 using the same process proposed in this application. The annexation and interim SCI PD zoning are logical steps toward planning for the entire assemblage of land and the ultimate redevelopment of the property while retaining lease revenue from the operations on the property. This property also provides the opportunity for a planned future connection between the Aspen Airport Business Center and a proposed future intersection with SH 82 as directed by the Colorado Department of Transportation’s Access Control Plan for the area. At the appropriate time, a land use plan will be submitted to the City for rezoning and construction of affordable housing. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 3 Contents Petition For Annexation Page 4 Statutory Annexation Criteria Page 5 Local Annexation Criteria Page 9 Initial Zoning Page 15 Planned Development Page 18 Schedule of Attachments Page 21 Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 4 Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 5 Statutory Annexation Criteria: 31-12-104 Eligibility (1) No unincorporated area may be annexed to a municipality unless one of the conditions set forth in section 30 (1) of article II of the state constitution first has been met. An area is eligible for annexation if the provisions of section 30 of article II of the state constitution have been complied with and the governing body, at a hearing as provided in section 31-12-109, finds and determines: (a) That not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof, except county-owned open space, or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements imposed by section 31-12-105 (1)(e), contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together for the purposes of the public hearing required by sections 31-12-108 and 31-12-109 and the annexation impact report required by section 31-12- 108.5. (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of this subsection (1) shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing provided for in section 31-12-109, finds that at least two of the following are shown to exist: (I) Less than fifty percent of the adult residents of the area proposed to be annexed make use of part or all of the following types of facilities of the annexing municipality: Recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent of said area’s adult residents are employed in the annexing municipality. If there are no adult residents at the time of the hearing, this standard shall not apply. (II) One-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agricultural use for a period of not less than five years. (III) It is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed is provided or will within the reasonably near future be provided with any service by or through a quasi-municipal corporation. Response: The total perimeter of Lot 3 of the Communications Center Subdivision is 1665.54 linear feet. The contiguous portion of the perimeter is 435.05 linear feet (see Attachment C). One-sixth of the perimeter is 277.59 linear feet; thus the necessary contiguity is established. None of the exceptions described in Section 1(b) are applicable. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 6 (2) (a) The contiguity required by paragraph (a) of subsection (1) of this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipality if the area, at the time of its annexation, was not contiguous at any point with the boundary of the annexing municipality, was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and was located more than three miles from the nearest boundary of the annexing municipality, nor may such contiguity be established by use of any boundary of territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. (b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12-102 and the limitations of this article, any annexation which uses any boundary in violation of this subsection (2) may be declared by a court of competent jurisdiction to be void ab initio in addition to other remedies which may be provided. The provisions of section 31-12- 116 (2) and (4) and section 31-12-117 shall not apply to such an annexation. Judicial review of such an annexation may be sought by any municipality having a plan in place pursuant to section 31-12-105 (1)(e) directly affected by such annexation, in addition to those described in section 31-12-116 (1). Such review may be, but need not be, instituted prior to the effective date of the annexing ordinance and may include injunctive relief. Such review shall be brought no later than sixty days after the effective date of the annexing ordinance or shall forever be barred. (c) Contiguity is hereby declared to be a fundamental element in any annexation, and this subsection (2) shall not in any way be construed as having the effect of legitimizing in any way any noncontiguous annexation. Response: No municipal satellite is proposed, the subject property is within the Aspen Urban Growth Boundary and the adjacent contiguous parcel was previously annexed in accordance with Section 1. 31-12-105 Limitations (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations: (a) In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. (b) In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the application of this paragraph (b), contiguity shall not be affected by a dedicated street, road, or other public way. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 7 (c) No annexation pursuant to section 31-12-106 and no annexation petition or petition for an annexation election pursuant to section 31-12-107 shall be valid when annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality, except in accordance with the provisions of section 31-12-114. For the purpose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with section 31-12-108 is taken within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexation procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date. (d) As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no annexation pursuant to section 31-12- 106 or annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. (e) (I) Except as otherwise provided in this paragraph (e), no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within said three-mile area, the contiguity required by section 31-12-104 (1)(a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three-mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone. (II) Prior to completion of an annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved pursuant to subparagraph (I) of this paragraph (e), the municipality shall annex any of the following parcels that abut a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, where the parcel satisfies all of the eligibility requirements pursuant to section 31-12-104 and for which an annexation petition has been received by the municipality no later than forty-five days prior to the date of the hearing set pursuant to section 31-12-108 (1): (A) Any parcel of property that has an individual schedule number for county tax filing purposes upon the petition of the owner of such parcel; Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 8 (B) Any subdivision that consists of only one subdivision filing upon the petition of the requisite number of property owners within the subdivision as determined pursuant to section 31-12-107; and (C) Any subdivision filing within a subdivision that consists of more than one subdivision filing upon the petition of the requisite number of property owners within the subdivision filing as determined pursuant to section 31-12-107. (e.1) The parcels described in subparagraph (II) of paragraph (e) of this subsection (1) shall be annexed under the same or substantially similar terms and conditions and considered at the same hearing and in the same impact report as the initial annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Impacts of the annexation upon the parcels described in subparagraph (II) of paragraph (e) of this subsection (1) that abut such platted street or alley, public or private right-of-way, public or private transportation right-of-way or area, or lake, reservoir, stream, or other natural or artificial waterway shall be considered in the impact report required by section 31-12-108.5. As part of the same hearing, the municipality shall consider and decide upon any petition for annexation of any parcel of property having an individual schedule number for county tax filing purposes, which petition was received not later than forty-five days prior to the hearing date, where the parcel abuts any parcel described in subparagraph (II) of paragraph (e) of this subsection (1) and where the parcel otherwise satisfies all of the eligibility requirements of section 31-12-104. (e.3) In connection with any annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, upon the latter of ninety days prior to the date of the hearing set pursuant to section 31-12-108 or upon the filing of the annexation petition, the municipality shall provide, by regular mail to the owner of any abutting parcel as reflected in the records of the county assessor, written notice of the annexation and of the landowner’s right to petition for annexation pursuant to section 31-12-107. Inadvertent failure to provide such notice shall neither create a cause of action in favor of any landowner nor invalidate any annexation proceeding. (f) In establishing the boundaries of any area proposed to be annexed, if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. (g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipality shall not deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality. (h) The execution by any municipality of a power of attorney for real estate located within an unincorporated area shall not be construed to comply with the election provisions of this article for purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance with the procedures set forth in this article. Response: None of the limitations to annexation described in C.R.S. 31-12-105 are applicable to this annexation request. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 9 Local Annexation Criteria AACP Compliance Annexation requests should be reviewed for alignment with the Aspen Area Community Plan (AACP). Annexation of certain lands could facilitate accomplishment of the plan’s goals, philosophy, policies, or specific action items. Response: The current application is to annex the parcel and to zone the property to continue the existing storage use of the property. Thus, no change is proposed in relationship to the AACP. At some point in the future, the property is intended to become part of a larger affordable housing project for local residents. That proposal will need to address AACP goals and objectives, in particular goals for housing locals. Urban Growth Boundary The City of Aspen approved Aspen’s Urban Growth Boundary via adoption of the 2012 AACP. The UGB identifies the land surrounding Aspen as either appropriate for urban development (within the UGB) or inappropriate for urban development (outside the UGB). Land within the UGB is expected to become part of the City’s urbanized area and should be considered appropriate for annexation. Land outside the UGB should only be annexed as a method of preserving the non-urban character of lands surrounding Aspen. The UGB does not necessarily need to be amended unless the land is intended for an urban level of development. Annexation of land outside the UGB, in fact, may serve a significant public purpose. Response: The parcel is located within the Urban Growth Boundary and in an area defined as “Aspen Business Center and North Forty” in the 2019 Aspen Annexation Plan. Significant Annexations Changing the regulatory structure and jurisdiction of significant community facilities, large developments, and large tracts of vacant land present considerable potential for community change. These annexation proposals should involve discussion between the Aspen City Council and the Pitkin County Board of County Commissioners. A joint work session at which various land use issues are discussed can only benefit the City in it analysis of a significant annexation. For example: properties entitled by the County and annexed into the City can require complex administration of development rights, especially when amendments are requested. Discussing the primary elements of the land use review can simplify administration and provide benefit to the annexing landowner. Likewise, certain annexation proposals may present concerns to other governmental and quasi- governmental agencies with jurisdiction or other interest in the property. As necessary, formal referral comments or work session-format meetings can be held to identify these concerns. Response: The proposal is to annex the land and continue the current land use, thus the annexation does not meet the description of a Significant Annexation. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 10 Fiscal Impact Analysis. The City should fully understand the financial implication of assuming additional lands upon each of its functions. The City Finance Department has modeled fiscal impacts of recent significant annexations and this information has been critical in determining the appropriateness of annexation. Certain capital improvements may be necessary as well as additional operation and service costs. These need to be balanced with additional special fund revenues that are gained. Pitkin County voters adopted a 2 percent Countywide sales tax, including a provision distributing 47 percent of the tax proceeds to Pitkin County and 53 percent to the City of Aspen. At some point, the distribution of countywide sales tax may need to be reconsidered as more service responsibilities shift to the City. Response: The current proposal is to annex the land and continue the current land use. The storage site does not generate property tax revenue since it is owned by the City and requires very few municipal services that are not already provided by the City or special districts. Annexing the land will allow for orderly planning of future use of the site in conjunction with adjacent City parcels. The City will receive ongoing lease revenues from the existing storage and parking leases, which benefits the future affordable housing project. No fiscal impact analysis was required for this application. Once a redevelopment plan is proposed for this and adjacent properties, the costs of new infrastructure and new services versus revenues can be quantified and reviewed by the City as part of land use review. Development Rights/Zoning Development rights associated with a property in Pitkin County versus those if the property is annexed into the City of Aspen should be considered. Annexations are typically associated with a proposal to further develop the property. Traditionally, the City weighs an increase in development rights in relation to accomplishment towards community goals available through annexation. A complete understanding of a property’s development potential, prior to annexation, should include a zoning build-out analysis considering regulatory limitations, such as growth management and impact fees, and regulatory incentives, such as the use of Transferable Development Rights. The public policy of such regulations and the impact of changing the regulatory structure upon the City should be considered. Zoning of newly annexed land should approximate development rights prior to annexation, unless a site-specific development plan is approved concurrent with annexation. The creation of non-conformities should be avoided, although custom legislation to address special interests can further complicate the City’s regulatory environment. The City should encourage the legalization of “bandit units” through the City’s Accessory Dwelling Unit provisions to ensure compliance with the health and safety standards of Adopted building codes. These units should be expected in older subdivisions surrounding Aspen. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 11 Response: The current zoning in Pitkin County is B-2. “The B-2 (General Business) zone district is intended to provide for the establishment of commercial and low-intensity, non-polluting industrial uses that do not require or generate high customer traffic volumes and to permit customary accessory uses, including a small portion of the land area in high density, long- term residential dwelling units. Because of the need to preserve the existing inventory of B-2 zone district lands for commercial purposes, residential uses are secondary in priority to commercial uses.” Pitkin County LUC 3-60-10 The proposed City zoning is Service/Commercial/Industrial (SCI) PD. “The S/C/I zone supports Aspen Area Community Plan policies related to a sustainable, local serving economy and the preservation of a diversity of commercial opportunities for locals and visitors. In response to the decreased intensity of commercial uses in the zone and relative distance from the CC and C1 zones, both multi-modal and automobile parking improvements are appropriate on site in the S/C/I. In order to enhance the City's commercial diversity, the zone allows for uses not found in other zones including light industrial, manufacturing, production, repair and similar service-related uses. The S/C/I zone is designed to provide commercial space to those uses not appropriate in other commercial zones, but which provide an essential or unique service to support the local economy. Flexibility and adaptability are important features of the zone to respond to changing commercial sector dynamics and meet the space needs of the City's service, creative and production economies.” Aspen Municipal Code 26.710.160 The SCI PD zoning will restrict land use to the existing uses and allow the existing extent of use. A Planned Development designation is proposed to limit the development to the existing buildings. Only regular maintenance and repairs are anticipated at the site. When a future redevelopment plan is advanced for this and adjacent City property, then a zoning change is expected. There are additional considerations for properties in this area that are subject to Pitkin County’s Land Use Code Section 3-70-50 that were not analyzed since no change in the land use is proposed in this annexation. However, the table below was prepared to display the two zone districts. The dimensional standards of the proposed SCI PD and existing B-2 zone districts are displayed below: Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 12 Standard Proposed: City of Aspen SCI PD Existing: Pitkin County B-2 Lot Size (sf) +/- 129,678 +/- 129,678 Minimum Lot Size (sf) Existing per PD Survey 6,000 Minimum Front Setback Existing per PD Survey 200’ Minimum Rear Setback Existing per PD Survey 10’ Minimum Side Setback Existing per PD Survey 10’ Maximum Height Existing per PD Survey 28’ Floor: Area Ratio Existing per PD Survey 0.36:1 Allowable Floor Area (sf) +/- 27,590 (per PD Survey) 46,684 Proposed Floor Area (sf) 27,590 (per PD Survey) 27,590 Pitkin County Transferable Development Rights Certain lands in the County within the City’s annexation area are eligible for increased development rights through the extinguishment of transferable development rights (TDRs). Certain site-specific approvals granted in Pitkin County may involve or require the use of TDRs. And, certain development may have already occurred by use of these TDRs necessitating acknowledgment of the realized increased development right. Until the City adopts a program for accepting Pitkin County Transferable Development Rights, each individual annexation request should include an analysis of TDR-contingent land use scenarios and, if necessary, an agreement should be reached describing the future use of Pitkin County TDRs within the newly annexed area. Response: The proposed annexation does not anticipate the use of Pitkin County transferable development rights. The existing use is expected to continue for some period and the site is anticipated to transition to affordable housing through a future land use application. Usefulness and Appropriateness of Each Jurisdiction’s Regulations As Aspen City limits expand beyond the original townsite, the effects of environmental constraints and hazards on development increase. Pitkin County’s 1041 regulations address development on steep slopes, in wildfire hazard areas, in rockfall and avalanche hazard areas, and within wildlife corridors. The City’s Environmentally Sensitive Area review standards address flood hazard areas and development above the 8,040-foot elevation. The County’s regulations primarily attempt to minimize land use intensity and minimize the infrastructure and operational effects of development. The City’s land use code encourages the intense use of land and addresses urban development issues, such as architectural character. In transition areas, the City’s Planned Unit Development regulations should be used to establish an appropriate balance. Design standards for public improvements also reflect the rural and urban aspect of each jurisdiction. The appropriateness of each jurisdiction’s development regulations and design standards should be considered in each annexation. The acceptance of substandard public improvements and potential public costs of upgrading those facilities should also be considered. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 13 The City may require certain facilities be upgraded prior to annexation. Alternatively, the City may require a cash payment to accommodate expected City capital improvement and operational expenses. The City currently has no experience administering remote backcountry and Forest Service lands. These lands could require significant changes to the City’s emergency services. The public costs of annexing remote lands should be considered in relation to the public goals of such an action. Aspen’s Ski Area Base (SKI) Zone District addresses development at the base of ski areas. The zoning provides for a mixture of skiing, recreational, commercial, and tourist-oriented uses and requires adoption of a Planned Unit Development. This zoning was applied to Aspen Highlands Base Village and may be appropriate for the Buttermilk Ski Area base, upon annexation. Response: The current storage use is expected to continue in the near term with no expansion proposed. A Planned Development designation on the property will limit land uses to the existing structures. Storage is an allowed accessory use in the SCI zone. The PD designation limits the storage to existing uses while recognizing that the use is more intense than allowed as a use by right in the zone district. Ultimately, this parcel and adjacent City-owned parcels will be master planned and permitted for affordable housing for local workers. The intensity and character of that development will be an important topic of community input. The City has initiated community outreach about potential futures for the property and will continue to do so as a master plan is developed and permitted. Deer Hill is subject to a conservation easement that was implemented based on findings from previous affordable housing efforts. The area is within the Urban Growth Boundary and has urbanized due to previous City and County land use approvals. The area also hosts important transportation facilities including the Pitkin County Airport, a bus rapid transit station and bus maintenance facility, and SH 82. Infrastructure and Ability to Serve Annexation reviews typically focus a great deal of fiscal analysis on the potential extension of urban services to annexed territories. Cost, capacity, and engineering issues related extension of the City’s municipal water system to developing land on the urban fringe is a significant annexation issue. Currently, several small water districts serve residences located outside the City’s boundaries but within the service area of the water system. These small districts may present a problem for the City as their capital facilities may not be providing acceptable standards of service. Upgrading is expensive, and may become the responsibility of the City following annexation. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 14 The County does not currently require new periphery development to join the City’s municipal water system. However, these county development proposals must be reviewed by the City Council and found in compliance with the AACP in order to obtain City water service. In these cases, the City often requires compliance with City development regulations. Property owners developing a property eligible for annexation should consult the City’s Community Development Department and consider annexation. Response: The property is currently served by City municipal water and Aspen Sanitation District wastewater services. That service is not expected to change due to annexation. In the future, redevelopment of the site will require expanded utility services. The cost of those services will be analyzed in conjunction with the master plan for the area. Simplicity of City Boundary The City/County boundary has created confusion for citizens and staff responsible for enforcing public policy. A complex boundary can complicate emergency service provision and, in extreme cases, defeat efforts of law enforcement officers. Annexations simplifying the boundary should be encouraged while those further complicating the division should be avoided. Response: The City/County boundary in the AABC area is not simple and this annexation will likely make it neither more nor less complex. The area is an interface of municipal and county uses and users that are not necessarily in the jurisdiction one might predict. Annexing the mini storage parcel is unlikely to change any existing complexity. The most significant anomaly appears to be the unincorporated Mountain Rescue parcel, which is surrounded on three sides by the City. Annexation of Lot 3 of the Communications Center Subdivision does not create a significant change to that situation. Attachment D displays the vicinity. Involvement of law enforcement and emergency providers during the future review of a land use change could reduce potential confusion about service territory. The existing storage use is a use that does not generate significant demand for emergency services regardless of jurisdiction. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 15 City of Aspen Land Use Code- Initial Zoning Pre-Application Conference Notes- See Attachment H Fee Agreement- See Attachment F Compliance with Sec. 26.304.035 Neighborhood Outreach Response: Outreach to neighbors and the community at-large has been ongoing over the previous two years regarding the ultimate affordable housing plan and steps needed to achieve that goal. This annexation and zoning are a logical step toward that future housing plan but the housing plan will be a separate, future application. The City of Aspen Public Record includes reports on the affordable housing project outreach that was presented in public City Council meetings. In late October, an email update with project information, including this annexation request, was sent to more than 300 participants in previous project outreach events who expressed interest in project updates as well as the City’s email list. In addition, a public outreach event is planned for December 9 to continue outreach regarding project progress, including the annexation and initial zoning of the property. Individual outreach has also been employed during the ongoing public outreach to specific stakeholders. A project website at www.aspenlumberyard.com was used during the previous phase of work and information is currently being shared at: https://www.aspencommunityvoice.com/lumberyard. That site provides information on the overall planning for future housing as well as the annexation. There are opportunities for feedback as well as information about upcoming input opportunities and summaries of previous public comments. Finally, mailed public notice will be sent to property owners in an area far greater than that required by the land use code. Notice will include residences in the North Forty and Burlingame neighborhoods, which are outside of the required boundary. Compliance with Sec. 26.310.080 Rezoning (a) General Application Information Response: See Attachments F and G Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 16 (b) Present Zone District and Land Uses Response: The Lot 3 of the Communications Center Subdivision is currently zoned by Pitkin County as B-2 (General Business) and it houses a storage facility. The initial zoning for the property is proposed to be SCI (Service/Commercial/Industrial) Planned Development to allow the continued operation of the storage facility. No expansion, change of use or “proposed development” is proposed. In the future, a plan for affordable housing will be completed and submitted for consideration and rezoning appropriate for the use proposed will be initiated. (c) The Area of the Property Response: The subject property is +/- 129,678 square feet or 2.977 acres. (d) An Accurate Survey of the Property Response: See Attachment E Compliance with Sec. 26.310.090 Zoning Standards of Review (a) Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics Response: The proposed amendment will allow the storage operation to continue while planning and permitting for affordable housing on this and adjacent parcels is pursued. The property to the south is owned by the City and is zoned SCI. The property to the north is in the unincorporated county and includes commercial, light industrial and affordable housing uses. To the east are storage and affordable housing uses. To the west is Highway 82 and the Pitkin County Airport. That mix of uses is characteristic of the area. The SCI PD zoning is the most logical zone district given existing use and the existing City zoning to the south and local serving orientation. Adjacent City and County zoning are displayed on Attachments I and J. (b) Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of those such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Response: The proposed amendment continues the low impact use tied to the storage operation. No expansion of the operation is anticipated. In the future, an affordable housing plan is intended to be proposed and any impacts associated with that use will need to be considered during review of such proposal. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 17 (c) Whether and extent to which proposed zoning amendment would result in significantly adverse impacts on the natural environment. Response: The proposed rezoning is to continue the existing storage use, no new impacts to the natural environment are anticipated. Ultimately, an affordable housing proposal will be proposed for the property that will require a rezoning and any new impacts may be assessed at that time. (d) Whether the proposed amendment is consistent and compatible with the community character in the City and in harmony with the public interest and intent of this Title. Response: The proposed zoning amendment will not change the existing use of the property. The property is compatible with nearby light industrial, residential, and commercial uses as evidenced by years of experience. That mix of uses is consistent with the character of the area. The zoning proposed is consistent with that mix of uses, many of which serve City of Aspen residents. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 18 Planned Development Compliance with Sec. 26.445.050 Planned Development Review Standards Response: The proposed use already exists, and no new development is proposed. (a) The property is within the Aspen Urban Growth Boundary and one of the areas identified for possible annexation in the Aspen Annexation Plan. The existing use is consistent with the type of uses in the area. (b) The site is already developed, and no hazards are present. (c) The site is developed; no additional development is proposed. (d) The PD dimensional standards to intended to limit development to the existing uses and buildings/improvements. (e) No new development is proposed. (f) Existing pedestrian and trail improvements will continue. (g) No new development is proposed. (h) No new development is proposed. (i) No change to access or circulation are proposed. A future housing plan is intended to enhance access and circulation in accord with an approved Highway 82 Access Control Plan, while this annexation supports that ultimate improvement it is not part of the current application. Compliance with Sec. 26.445.060 Use Variation Standards Response: Rather than to vary from standards, the purpose of the Planned Development is to “freeze” the existing use and structures in place until a future affordable housing plan is created, approved and ready for development. The storage use is typically an accessory use in this zone district, but it is the primary use in this instance. (a) The existing use is to continue an existing use which is consistent with the mix of storage, light industrial, housing, and commercial uses in the area. (b) No new development or variation is proposed. (c) No new development or variation is proposed. (d) The existing use is compatible with the planning for the AABC area, which includes residential, commercial, light industry and storage uses. Compliance with Sec. 26.445.080 Application Contents Response: The contents are largely not applicable since the proposal is to limit an existing use and series of buildings and spaces to their existing conditions. (a)(1) See above. (2) A survey is Attachment E. (3) The purpose of the Planned Development is to limit and allow the uses and buildings to the existing conditions. In the future, an affordable housing plan will be submitted for review on this and adjacent parcels. (4) No change is proposed in the architectural character of the site or the landscaping. (5) Utilities are currently in place and in service. (6) The dimensional requirements are based on the existing conditions as documented in Attachment E, Survey/PD Plan. (7)The site is already developed, thus no additional soils, hazard, or utility studies are warranted. Future housing plans will perform such analysis, as required. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 19 (8) The site is already developed and the public infrastructure is in place, no changes are proposed. (9) See above. (10) The application includes annexation and initial zoning for the property along with a Planned Development designation to limit uses and buildings to existing conditions. (b)(1) See above. (2) See Attachment E. (3) The site is developed and no changes are proposed. (4) No new development is proposed. (5) No new development is proposed no new grading or stormwater features are proposed. (6) No new development is proposed. Attachment E includes transportation and pedestrian improvements that exist. (7) Not applicable. (8) Not applicable. (9) No new improvements are proposed, normal maintenance activities will continue at the expense of the property owner. (10) Not applicable. (11) See above. (12) The application includes annexation and initial zoning for the property along with a Planned Development designation to limit uses and buildings to existing conditions. Compliance with Sec. 26.575.020 Supplemental Regulations- Calculations and Measurements Response: The dimensional allowances and limitations for Lot 3 of the Communications Center Subdivision shall be the existing conditions as outlined in the Improvement Survey attached as Attachment E. The dimensions of the survey shall be used to create the boundary of the initial zoning map amendment. Compliance with Sec. 26.710.160 Service/Commercial/Industrial Zone Response: (a) The existing uses include storage, commercial parking, an on-site manager housing unit, and an office. These uses are suited to the location and target service local residents and businesses. (b)(c) The existing uses would be limited or conditioned through the SCI zoning, the Planned Development overlay limits the uses and structures to the existing conditions described in Attachment E. The PD designation would allow continued use until a future housing planning is designed, approved, and ready for construction. The continued uses include 244 storage spaces in seven storage buildings (two with basement storage), an office, an on-site manager residence, and 27 commercial parking spaces. (d) The dimensional requirements are based on the existing conditions as depicted in Attachment E. No new development is proposed. (e) Not applicable. (f) Not Applicable. (g) Not applicable. HOA Compliance Form Response: Not applicable, the property is not a member of a Homeowners Association. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 20 Dimensional Requirements Form Response: The property is restricted to the dimensional requirements of the existing conditions, as depicted on Attachment E. Exhibit B | Application Aspen Mini Storage Annexation, Initial Zoning, PD 21 Schedule of Attachments A- Deed and Legal Description B- Title Commitment- Proof of Ownership C- Annexation Plat D- Vicinity Map E- Survey/PD Plan F- Fee Agreement G- Land Use Application Form H- Pre-Application Conference Notes I- Adjacent County Zoning J- Adjacent City Zoning K- Existing Landscaping L- HOA Compliance Form Exhibit B | Application PRE-APPLICATION CONFERENCE SUMMARY DATE: 10/19/21 PLANNER: Ben Anderson, Planner, City of Aspen, 429-2765 PROJECT NAME AND ADDRESS: 105 AABC (Pitkin County), Mini-Storage associated with the Lumberyard Project PARCEL ID# 273503102003 REPRESENTATIVE: Bob Schultz, Representative for City Asset Department, 963-3670 DESCRIPTION: In 2020, The City of Aspen purchased a nearly 3-acre parcel in the AABC (Aspen Airport Business Center). This recently acquired property, which is located in unincorporated Pitkin County, but within the Urban Growth Boundary is anticipated to be combined with other adjacent properties (including the “Lumberyard” property) in the creation of an affordable housing development. The property currently contains a mini-storage facility and related uses and structures. Prior to the future Land Use actions that would grant the full entitlements to the eventual project, an application related to this PreApp is be limited to pursue: 1) annexation of the property into the City of Aspen, and 2) establish a “holding” zone that would memorialize the existing development and use of the property until the final plan for the site is developed and implemented. It is proposed that the annexation and initial zoning of the property would be carried out through two ordinances. The annexation process, which is outlined in a step-by-step description in the City of Aspen’s Annexation Plan, would be handled in the first Ordinance. The second Ordinance would establish the initial zoning on the property – which is proposed as SCI (Service/Commercial/Industrial) with a Planned Development Overlay would recognize the current conditions of the property, memorialize the existing development and use of the property, and limit the use until the eventual affordable housing project is initiated. This second Ordinance would require a recommendation from COA’s Planning and Zoning Commission prior to Council review. The Planned Development, as it will be defined and limited by the existing conditions will be very limited in scope and shall be considered in single review by City Council (separate reviews for project and detailed review are not necessary). It is anticipated that both Ordinances will be considered concurrently. Additional Items to consider: 1) This action – the process and steps, is recommended to be modeled after the 2011 action which annexed and rezoned the adjacent Lumberyard process 2) The annexation shall be consistent with requirements as specified by the Colorado Revised Statutes 3) Because of the relatively small size of the proposed annexation (< 10 acres), this annexation does not require the filing of an annexation report with the Pitkin County Board of County Commissioners (BOCC). However, staff strongly encourages the applicant to reach out to Pitkin County for a letter or other statement of support for the annexation and zoning actions. Public Noticing will be required for several public hearings related to the proposed land use actions. Staff requires that Enhanced Public Information is provided per 26.304.035 and strongly recommends that an Information Exhibit B | Application Meeting (in person, virtual, etc.) of some form be held to inform neighbors of the relationship of these land use actions to the anticipated future project. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.310 Amendments to the Text and Zone District Map 26.445 Planned Development 26.575.020 Calculations and Measurements 26.710.160 SCI Zone District CRS 31-12-102…sequence – State Statutes Related to Annexation See Attachment – City of Aspen’s Annexation Plan For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Community Development staff for complete application Planning and Zoning Commission for Recommendation City Council for Ordinances: Annexation and Planned Development/Rezoning PUBLIC HEARING: Yes; P&Z and City Council PLANNING FEES: $7,800 deposit for 24 hours of staff time (Additional/fewer hours billed/refunded at $325 per hour) REFERRAL FEES: City Engineering Department - $325; 1 hour deposit – additional hours will be billed as necessary. TOTAL DEPOSIT: $8,125 APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: ben.anderson@cityofaspen.com  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. The purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use Case.  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. This should include responses to Statutory and Local Annexation Criteria – as identified in COA’s Annexation Plan  An annexation plat/map  Draft of annexation petition Exhibit B | Application  A site improvement survey (no older than a year from submittal) including topography, existing structures, and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. The survey and related information should document the existing structures (floor plans, floor area and other dimensions) and uses on the property. While an annexation report is not required, due to the size of the parcel, the survey could be a mechanism to provide information that would typically be in the annexation report, as applicable.  HOA Compliance form (Attached to Application) Once the copy is deemed complete by staff, the following items will then need to be submitted:  Total fee for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Exhibit B | Application