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HomeMy WebLinkAboutpitkin.planning.273503102003 (2016)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF TnE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2735-03-1-02-003 Application Date: 9/30/16 Description: Aspen Mini Storage LLC Site Plan Review for Accessory Parking to a Mini Warehouse Use Project Address: 105 AABC, ASPEN, CO 81611 Property Owner: ASPEN MINI STORAGE LLC Owner's REP: ALAN RICHMAN REP's Email: arichman@sopris.net Address: 105 WOODWARD LN ASPEN, CO 81611 Address: PO BOX 3613 ASPEN, CO 81612 Referrals: ALL OTHER REFERRALS Other Referrals: AABC HOA John McBride Comments Due Date: 10/28/2016 Case No: P077-16 Planner: Mike Kraemer # Copies: 4 Allocated Hours: 5 % Over Hours: 6 Owner Phone: REP's Phone: (970) 920-1125 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 11/16/2016 Review Body: bocc Public Hearing? yes Notice Date: 10/13/2016 Meeting Notes: Approvals: BOCC Resolution #: 126-2016 #635142 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VRApproval Date: 11/16/2016 Plat Recorded Date: 01/23/2017 VR Expires Date: 11/16/2019 Plat (Bk, PG): B117 P65 #635577 Remarks: Application Type: Site Plan DECISIONS RECEPTION#: 635142, 01103/2017 at 11:23:17 AM, 1 OF 4. R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE ASPEN MINI STORAGE LLC SITE PLAN REVIEW FOR ACCESSORY PARKING Resolution No. [ 1V -2016 RECITALS I. Aspen Mini Storage, LLC and John Clark ("Applicant and Owner, respectively") have submitted an application to the Board of County Commissioners of Pitkin County. Colorado ('BOCC") for Site Plan Review for a 23 space parking area for mini warehouse customers. 'the parking area is approximately 13,000 square feel in size and will have a gravel surface. No buildings are proposed. 'I he parking area is solely for lease holders of the Aspen Mini Storage warehouses who operate businesses and will not be available for general public vehicle and trailer storage. The Applicant is currently under a Notice of Violation (NOV) for construction of this parking arca prior to issuance of permits. The Applicant has elected to apply for the necessary approvals and attempt to cure the NOV through the land use process. 2. Property location: 105 Woodward Lane. Legal Description: Lot 3, Communications Center Subdivision. Adjacent to the Aspen Airport Business Center (AABC). The property is zoned B-2 and is within the West of Maroon Plan (WOMP) Overlay Zone District - 3. In 1980. the BOCC approved the Communications Center Subdivision recorded at BK21 P634. 'the Subdivision contains 3 Lots. The Subdivision approvalin 1980 approved the current mini warehouse storage use on Lot 3. This use is allowed in the B-2 Zone District and continues to operate on the subject Lot. The Communication Center Subdivision is not within the ARRC Subdivision. 4. In 2007, the owner of the property applied for a Commercial Automobile Parking Lot which is a BOCC Special Review Use in the B-2 Zone District. The proposed use at that time was to establish a portion of the subject Lot (west of Woodward Avenue) as commercial parking for rental car companies operating at the Pitkin County Airport. The BOCC denied this proposed use pursuant to BOCC Resolution No. 077-2007. 5. 'the BOCC considered this application at a regular meeting on November 16"'. 2016, at which tune evidence and testimony was presented with respect to the application. 6. 'fhe BOCC finds that the proposed parking area is accessory to the mini warehouse storage use. Mini warehouses are an allowed use in the B-2 Zone District and Site Plan review is the applicable review for this request. 7. 'I he BOCC further finds that the application meets the requirements of Site Plan Review. Specifically, no constraints exist on the property as defined in Chapter 7 of the Land Use Code, no major drainage patterns exist in the area of the proposed parking area, and the parking arca will be adequately screened brain Hwy 82 and in conformance with Land Use Code Section 7-20-120(d), Scenic View Protection Standards. 8. The BOCC further finds that pursuant to Table 5-I.D, a parking area is classified as an "outside use" and shall be 100' from the 11wy 82 Right of Way, (ROW). The proposal complies with this standard. Reeu[utian No./�� _2016 Pnge2 9, The BOCC further finds- that the property is located within the WOMP Overlay Zone District and that the proposal is in compliance with the standards for development in the AABC Activity Node. Specifically, the proposal will use native plants species for screening and plantings will be staggered in an effort to not create a `tunnel" effect. 10. The BOCC further finds that the property has been issued an NOV and that this approval rectifies this violation if the standards outlined below are complied with. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the Aspen Mini Storage LLC Site Plan Review for Accessory Parking, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicants shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of an earthmoving permit, the Applicants shall be required to submit for approval by the County Attorney and BOCC a Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation and shall incorporate the following changes: A. Remove the servieeberry from the Site Plan and replace it with a non -fruit bearing species of similar size. 3. '1 lie approved parking spaces shall only be available for use by Aspen Mini Storage lease holders who lease mini warehouses for business uses. The parking spaces shall not be made available to non - lease holders or lease holders that do not use the mini warehouses for business purposes. 4. 'f he Applicant shall work with Community Development Staff to incorporate a landscape plan that softens the view of the parking arca from Hwy 82 Che landscape plan shall include an irrigation schedule and general planting plan that will ensure that the installed landscaping will thrive. The landscaping shall be monitored for a 5 year period. If any landscaping fails within that 5 year period, the Applicant shall replace the failed landscaping immediately. 5. 'I he landscape plan shall not place trees in such a way that creates a "row' effect. Landscaping shall be planted in the sight line between the subject property and the adjacent property to the south_ Landscaping shall be planted directly to the east of the existing bean to aid in screening the parking area. 6. Only vehicles and utility trailers are allowed in the approved parking area. Heavy equipment including but not limited to dump trucks, earthmoving equipment, and tractor -trailers, are not allowed in the parking area. 7. 1 he parking area shall comply with the following: A. Shall not be leased for the storage of recreational vehicles. B. Shall not include outdoor lighting. C. Shall not utilize asphalt or other impermeable surface. R,,,haian Na I rm -2016 Page 3 8. To the greatest extent practicable, vehicles and equipment trailers stored in the parking area shall not be visible as viewed from Highway 82. 9. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 pnd C.R.S, § 2468-105. The statutory vested rights granted herein shall expire on November I W 2019. 10. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. ResohnionW 1�6 -2016 Page 4 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 13"' of Octoher 2016. APPROVED AND ADOPTED on the 16"' day of November, 2016. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the ASoen Times Weekly on the/}Nlday of�, 20 / �t _. Jones- Clerk to APPROVED AS TO CONTENT: ea< -vim G �>l /�' �tf Cin Houben Community Development Director PID 273503102003, Case9P077-16 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORAD Bv sw Rachel -d� �fzg4 APPROVED AS TO FORM: John tPy y- Coinomcy STAFF MEMO MEMORANDUM TO: Board of County Commissioners Regular Meeting — November 16", 2016 THRU: Cindy Houben, Community Development Directorin,J ! t� �j FROM: Mike Kraemer, Senior Planner RE: Aspen Mini Storage LLC — Site Plan Review REQUEST: The Applicant is requesting approval for construction of an accessory parking area for mini warehouse storage customers. The Applicant is currently under a Notice of Violation (NOV) for construction of this parking area prior to issuance of permits. The Applicant has elected to apply for the necessary approvals and attempt to cure the NOV through the land use process. APPLICANT: Aspen Mini Storage LLC OWNER: John Clark REPRESENTATIVE: Alan Richman LOCATIONfLONING: 105 Woodward Lane. Lot 3, Communications Center Subdivision. Adjacent to the Aspen Airport Business Center (AABC). Zoned B-2 and West of Maroon Plan (WOMP) overlay zone district. Piticln craps. Mae Pitkin Maps & More rrocc,emeem i_^_w,voer,]mm]mw.gam�a vuia�vewn II!! F MCC *Stu Vow Ab ]4TUB u uec F 4W cess co PA] I1� � uwrez- 0 W® Tt] ren TNIS FUP I]FpI WFgWATpN]L NRPoBE& Pis m Cove, Op n�F�Y N �+m v Ps�F f:Tm O mce'^^i Pe mAYMr am/N.sreYeYF _ .w YnmleM_O� elM mrnwnlNdeNn. BACKGROUND: In 1980, the BOCC approved the Communications Center Subdivision recorded at BK21 PG34. This Subdivision was applied for under the name "Canyon Cable" which was the current cable provider in the area at the time. The Subdivision contains 3 Lots. Lot 1 currently contains the Comcast Cable building and Lot 2 currently contains employee rental housing. The Subdivision approval in 1980 also approved the current mini warehouse storage use on Lot 3. Mini warehouses is an allowed use in the B-2 Zone District and the Lot continues to operate as mini warehouses. The Communication Center Subdivision is not within the AABC Subdivision and is not subject to the AABC covenants. In 2007, the owner of the property applied for a Commercial Automobile Parking Lot which is a BOCC Special Review Use in the B-2 Zone District. The proposed use at that time was to establish a portion of the subject Lot (west of Woodward Avenue) as commercial parking for rental car companies operating at the Pitkin County Airport. The proposal, at that time, also requested long-term parking (monthly) for persons needing parking in the Aspen area. 47 parking spaces were proposed. The BOCC denied this proposed use pursuant to BOCC Resolution No. 077-2007, which stated that the use was incompatible with the surrounding neighborhood. The owner recently received an NOV from the Community Development Code Enforcement Officer for earthmoving and construction of a parking lot in a similar location as the 2007 proposal. The owner immediately stopped work and contacted Community Development Staff for consultation regarding the NOV. In effort to cure the NOV, the property owner has two options: (1) eliminate the parking lot and return the land to its previous state; or (2) attempt to gain approval for the parking lot use. The Applicant has elected to gain approval for the parking lot use through the current Site Plan application. PROPOSAL: Through multiple meetings with the Applicant and owner, it is Staff's understanding that the proposed parking area is in no way associated with the 2007 rental car parking area application and is only intended for current Aspen Mini Warehouse customers that currently have mini warehouse leases. By way of example, the Applicant has indicated that local property management, landscape, painting, and construction companies currently rent mini warehouse space for storage of equipment associated with their businesses. The Applicant indicates that there is a demand from current mini warehouse customers to park vehicles and enclosed trailers in an effort to minimize up -valley and down -valley trips to the Aspen area. Staff was concerned about business use within the mini warehouses. Traditional warehouse storage use implies that customers store private property for a certain duration of time, typically on a monthly basis. Businesses renting a mini -warehouse for storage of equipment is a different concept than what is traditionally expected. The Land Use Code does not prohibit businesses from renting mini warehouses so long as business is not conducted from these spaces. For example, the Land Use Code does not allow offices to be constructed, or fabrication/manufacturing to occur within mini warehouses. The Applicant has stated that these prohibited uses are not occurring within the mini warehouses and that only storage of business equipment is occurring. The Applicant has outlined a detailed summary regarding the currently proposed use, beginning on Page 4 of the application. Staff felt that the proposal to park Aspen Mini Storage customer's vehicles and trailers is essentially an expansion of the mini warehouse use. Mini warehouses are not a Special Review Use but an Allowed use in the B-2 Zone District. Given this limited scope, Staff felt that the Special Review process was not the applicable review process and, therefore, Site Plan Review for the parking area is the applicable process. Because the BOCC denied the Special Review application in 2007, Staff felt that the BOCC should be the review and decision making body for the current application. The Applicant proposes to gain Site Plan approval for grading and construction of 23 parking spaces for vehicles and enclosed trailers west of the existing mini warehouse use, across Woodward Lane. This area is 2 depicted on the proposed Site Plan and is located east of an existing 10'-12' berm. The parking area is proposed to be gravel and is about 13,000 square feet in size. The Site Plan also depicts landscape plantings of evergreen trees, shrubs, and cottonwood/aspen trees to screen the parking area from Hwy 82. No buildings are proposed with this request. REFERRALS: AABC HOA and John McBride. STAFF COMMENTS: SITE PLAN REVIEW: WATER COURSES AND DRAINAGE: Land Use Code Sec. 7-20-30 addresses water resource standards which are applicable to all development. Applicable Code Sections include: (a) Drainage (1) GENERAL Activities and development shall provide for: a) Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and/or storm water runoff; b) The unimpeded flaw of natural water courses and ditches; c) Adequate drainage for all low points; d) A drainage system designed to account for an entire drainage basin capable of accommodating runofffrom a proposed development and, where applicable, the runofffram areas adjacent and upstream; e) Maintenance of drainage systems; and ,n On-site treatment of stormwater by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body. Staff Response: To construct the parking area, regrading of the land to a flat surface will need to occur. The area proposed for the parking area is almost completely flat and no slopes exist in the area. The area is not located next to any naturally occurring drainage pattens or any streams, rivers, or creeks. Staff is not concerned that erosion or inappropriate channeling of land will occur. If approved, the Applicant will be required to submit an earthmoving permit that includes illustration of best management practices to contain any potential erosion or drainage issues. SCENIC VIEW PROTECTION: These standards are designed to minimize the visual impact of new development when viewed from designated scenic road corridors. Section 7-20-120(d) addresses standards for development within a Scenic View protection area. No buildings are proposed with this request. The proposed parking area is located just east of an existing 10' berm. This berm significantly screens the parking area from the public's view when travelling east and west along Hwy 82. Some landscape screening exists on the site today. Existing evergreen and aspen trees aid in screening the area from the public's view from Hwy 82. The Applicant has provided photos of the property as viewed from Hwy 82, which are included as exhibits in the application. Staff feels that the proposed parking area has been located on the least visible portion of the property and in compliance with the Scenic View Protection standards in this Land Use Code section. LANDSCAPING AND VEGETATION PROTECTION: Required Landscaping in Urban Areas (1) Where Required: Landscaping is required for the following purposes for new development on the property: (i) to screen satellite dishes and other telecommunications equipment when located within two hundred (200) feet of adjacent public roads and visible from such roads, (ii) to screen non-residential parking areas and service areas when viewed from adjacent public roads, (iii) to create a landscaped street edge in the B-1 zone district, (rv) to break up required parking areas in the B-2 zone district into smaller "cells " of parking, and (v) to breakup the perceived mass of larger buildings in the B-2 zone district through the use offoundation plantings. Stats Response: The Applicant is required to landscape and screen this "non-residential" parking area as viewed from Hwy 82. As mentioned previously, the existing 10' tall berth significantly screens the parking area from the public's view. Existing and additional plantings will aid in screening of the parking area and will be in conformance with this Code section. LAND USE CODE TABLE 5 -LD: This table requires that all buildings within the B-2 Zone District be 200' from the Hwy 82 Right of Way (ROW) and that all `outside uses" be 100' from the Hwy 82 ROW. No building are proposed with this request. The proposed parking area is classified as an "outside use" and has been setback 100' from the Hwy 82 ROW and in compliance with this Land Use Code requirement. WONT OVERLAY ZONE DISTRICT: Land Use Code Section 3-70-50 establishes standards for development within the WOMP Overlay Zone District. Though not within the AABC Subdivision, according to the WOMP, the subject property is within the mapped "AABC Activity Node". The AABC Activity Node establishes design standards for development. These design standards include height limitations for buildings and landscaping standards. As previously stated, no buildings are proposed with this use. Landscaping is addressed in this Activity Node and the following standard is required: along frontage roads within the WOMP area, native vegetation as referenced in the Colorado Native Plant Society's Suggested Native Plants for Gardening and Landscape Use shall be used to break up the visual impact of continuous impervious surfaces such as parking areas. " Woodward Lane is a frontage road in the WOMP Overlay Zone District and the property is subject to this standard. Evergreen/spruce, and cottonwood/aspen trees are native species to Colorado and Pitkin County. Though well screened, additional plantings will aid in screening of the parking area. Additionally, the Applicant has staggered the screening such that a "tunnel affect" will not occur. The proposed landscape plan show serviceberry as a shrub to be planted on site. Serviceberry is a fruit bearing tree that has the potential to attract bears and cannot be approved in the plan. The Applicant should replace this shrub with a non -fruit bearing shrub of similar size. 4 RECOMMENDATION: Staff recommends that the BOCC adopt a motion to approve the Aspen Mini Storage LLC Site Plan Review for Accessory Parking, subject to the attached Resolution. ATTACHMENTS: A. Letter from John McBride RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITION COUNTY, COLORADO APPROVING THE ASPEN MINI STORAGE LLC SITE PLAN REVIEW FOR ACCESSORY PARKING Resolution No. -2016 RECITALS Aspen Mini Storage, LLC and John Clark ("Applicant and Owner, respectively") have submitted an application to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for Site Plan Review for a 23 space parking area for mini warehouse customers. The parking area is approximately 13,000 square feet in size and will have a gravel surface. No buildings are proposed. The parking area is solely for lease holders of the Aspen Mini Storage warehouses and will not be available for general public vehicle and trailer storage. The Applicant is currently under a Notice of Violation (NOV) for construction of this parking area prior to issuance of permits. The Applicant has elected to apply for the necessary approvals and attempt to cure the NOV through the land use process. 2. Property location: 105 Woodward Lane. Legal Description: Lot 3, Communications Center Subdivision. Adjacent to the Aspen Airport Business Center (AABC). The property is zoned B-2 and is within the West of Maroon Plan (WOMP) Overlay Zone District. 3. In 1980, the BOCC approved the Communications Center Subdivision recorded at BK21 PG34. The Subdivision contains 3 Lots. The Subdivision approval in 1980 approved the current mini warehouse storage use on Lot 3. This use is allowed in the B-2 Zone District and continues to operate on the subject Lot. The Communication Center Subdivision is not within the AABC Subdivision. 4. In 2007, the owner of the property applied for a Commercial Automobile Parking Lot which is a BOCC Special Review Use in the B-2 Zone District. The proposed use at that time was to establish a portion of the subject Lot (west of Woodward Avenue) as commercial parking for rental car companies operating at the Pitkin County Airport. The BOCC denied this proposed use pursuant to BOCC Resolution No. 077-2007. 5. The BOCC considered this application at a regular meeting on November 161h, 2016, at which time evidence and testimony was presented with respect to the application. 6. The BOCC finds that the proposed parking area is accessory to the mini warehouse storage use. Mini warehouses are an allowed use in the B-2 Zone District and Site Plan review is the applicable review for this request. 7. The BOCC further finds that the application meets the requirements of Site Plan Review. Specifically, no constraints exist on the property as defined in Chapter 7 of the Land Use Code, no major drainage patterns exist in the area of the proposed parking area, and the parking area will be adequately screened from Hwy 82 and in conformance with Land Use Code Section 7-20-120(d), Scenic View Protection Standards. 8. The BOCC fiather finds that pursuant to Table 5-1.1), a parking area is classified as an "outside use" and shall be 100' from the Hwy 82 Right of Way (ROW). The proposal complies with this standard. Resolution No. -2016 Page 2 9. The BOCC further finds that the property is located within the WOMP Overlay Zone District and that the proposal is in compliance with the standards for development in the AABC Activity Node. Specifically, the proposal will use native plants species for screening and plantings will be staggered in an effort to not create a "tunnel' effect. 10. The BOCC further finds that the property is under a NOV and that this approval rectifies this violation if the standards outlined below are complied with. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the Aspen Mini Storage LLC Site Plan Review for Accessory Parking, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of an earthmoving permit, the Applicants shall be required to submit for approval by the County Attorney and BOCC a Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation and shall incorporate the following changes: A. Remove the serviceberry from the Site Plan and replace with a non -fruit bearing species of similar size. 3. The approved parking spaces shall only be available for use by Aspen Mini Storage lease holders who lease mini warehouses. The parking spaces shall not be made available to non -lease holders. 4. Only vehicles and utility trailers are allowed in the approved parking area. Heavy equipment including but not limited to dump trucks, earthmoving equipment, and tractor -trailers are not allowed in the parking area. 5. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. Resolution No. -2016 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 131 of October 2016. APPROVED AND ADOPTED on the 161 day of November, 2016. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the _ day of 20 ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: CinO Houben Community Development Director PID 273503102003 Case #P077-16 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By Rachel E. Richards, Char APPROVED AS TO FORM: John Ely County Attorney QATTACHMENT .� November 8, 2016 Mike Kraemer Pitkin County Planning Department Via Email Re: John Clark Parking Application Dear Mike; I have reviewed the land use application prepared for John Clark and have met with his onsite employee and now have a clear understanding of what has been proposed in this application. I have no concerns or opposition to the application as submitted. Since ely yours, 1 n McBride ASPEN BUSINESS CENTER • 303 E • ASPEN, CO 81611 • 970-925-2102 • FAX 970-925-2104 APPLICATION MATERIAL SEP 2 9 2016 Community Development ASPEN MINI STORAGE SITE PLAN REVIEW FOR ACCESSORY PARKING ALAN RICHMAN PLANNING SERVICES, INC. BOX 3613 ASPEN, COLORADO 81612 920-1125 SEPTEMBER, 2016 000001 ' TABLE OF CONTENTS PAGE I. Introduction................................................... 1 II. Property Description and Site Plan Proposal ........................ 2 A. Overview of 2007 Special Review Application .................... 3 B. Proposed Site Plan ......................................... 4 III. Consistency with West of Aspen Master Plan ........................ 6 IV. Responses to Standards for Site Plan Review ....................... 8 A. Water Courses and Drainage ................................. 8 B. Scenic View Protection ...................................... 9 C. Landscaping and Vegetation Protection ....................... 12 V. Conclusion ................................................... 14 EXHIBITS #1. General Warranty Deed #2. Letter Authorizing Submission of Application #3. Pre -Application Conference Summary #4. BOCC Resolution 077-2003 Vicinity Map Proposed Site Plan Neighborhood Analysis Site Photos 000002 I. Introduction This is an application requesting site plan approval for accessory parking, to be established along the west side of the Aspen Mini Storage property, located at 105 Woodward Lane, Aspen. The parking would be accessory to the principal use of the property, storage warehouses. The legal description of the property is Lot 3, Communications Center Subdivision and its Parcel ID# is 273503102003. A vicinity map locating the property within its neighborhood is included within this application. The application is being submitted by Aspen Mini Storage LLC, the owner of the property (hereinafter, "the applicant'). Proof of the ownership of the property is provided in the General Warranty Deed, attached hereto as Exhibit #1. The applicant is being represented by Alan Richman Planning Services, Inc. for this application. A letter from the applicant confirming this arrangement is attached as Exhibit #2. The staff issued a pre -application conference summary form for this project on September 8, 2016 (see Exhibit #3, Pre -Application Conference Summary). That document indicates that the development review procedure established by the Pitkin County Land Use Code to accomplish this request is as follows: Site Plan Review, pursuant to Section 7-10-50 of the Land Use Code. The applicant also requests that the site plan be granted vested rights status pursuant to Sec.2-20-170 of the Pitkin County Land Use Code. The Pre -Application Conference Summary lists the following sections of the Pitkin County Land Use Code that should be addressed by the applicant to obtain Site Plan approval: Section 7-20-30: Water Courses and Drainage; Section 7-20-120: Scenic View Protection Areas; and Section 7-20-130: Landscaping and Vegetation Protection. The following sections of this application identify the provisions of the Land Use Code applicable to this procedure and provide responses to the applicable County standards. First, however, a brief description of the property, including a review of prior County land use actions taken with respect to the property, is presented below. Aspen Mini Storage Accessory Parking Site Plan Review Page 1 110]K Property Description and Site Plan Proposal The subject property is legally described as Lot 3, Communications Center Subdivision, according to the plat thereof recorded October 3, 1988 in Plat Book 21 at Page 34. Lot 3 is one of three lots that comprise the Communications Center Subdivision. The subdivision is located next to the Aspen Airport Business Center, at the corner of American Road (200 Road) and Woodward Lane (which is a private driveway that is located within the Aspen Mini Storage property). The property is zoned Business (B-2). Sec. 3-60-10 of the Land Use Code states that the purpose of the B-2 zone district is 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." The Communications Center Subdivision was approved by the Board of County Commissioners in the 1980's. At the time it was originally submitted, the project was known as the Canyon Cable Subdivision. Its purpose was to provide office space for the local cable television company and a 7 unit affordable housing project on Lots 1 and 2, and not more than 25,500 sq. ft. of service -commercial development on Lot 3. The relevant County land use approvals granted to the Subdivision include the following: ♦ General Submission approval was granted pursuant to BOCC Resolution 82-67. ♦ Detailed Submission approval was granted pursuant to BOCC Resolution 85-77. ♦ Final Plat approval was granted pursuant to BOCC Resolution 88-22. ♦ Subdivision Exemption was granted pursuant to BOCC Resolution 88-73. Following the final approvals, Lot 3 was developed as a mini -storage project, containing 7 buildings (Buildings A through G), as shown on the drawings that are included within this application. The buildings were located to comply with the County's 200' setback from Highway 82, leaving a large, nearly flat area between Woodward Lane and Highway 82 that has remained essentially undeveloped since that time. The undeveloped area is approximately 150' wide by 400' long (approximately 60,000 sq. ft., or 1.37 acres). There is no restriction of record stating that this area must remain as open space or remain undeveloped, provided that any such development complies with underlying zoning. There is a 200' setback for structures from arterial highways in the B-2 zone district so no buildings can be located in this area which is within 200' of the Highway. However, outside uses, including off-street parking, have only a 100' setback from an arterial highway in the B-2 zone district and so are a permitted use in this area. Aspen Mini Storage Accessory Parking Site Plan Review Page 2 000004 There is a berm that runs along the western edge of the property, just to the east of the public bike path. The berm is relatively tall along its up-valley/southern end (where it is approximately 10' in height), tapering -off in the down -valley direction, to approximately 4' in height at its northern end. There are also numerous trees planted in conjunction with the berm, helping to screen this area from view of motorists and bicyclists along Highway 82. The tall section of the berm completely screens this area from view on the up -valley side of the property but the lower section of the berm and associated trees permit filtered views into the area on the down -valley side of the property. A. Overview of 2007 Special Review Application In 2007 the applicant submitted a Special Review land use application seeking permission for this portion of the property to be used for commercial parking. The 2007 application included a site plan proposing one double -loaded aisle, with a total of 47 parking spaces shown. The lot would have been chip -sealed, so the spaces could be striped at the proposed 60 degree parking angle. The parking area would have been entirely limited to the portion of the site that is set back from Highway 82 by at least 100'. This was done to ensure that the parking would comply with the setbacks listed in Table 5-1.D of the Land Use Code. As noted above, this table establishes a 100' setback for "outside uses" from arterial highways. Highway 82 is an arterial highway, and the proposed parking qualifies as an outside use. It is only buildings that are required to be set back by 200' from an arterial highway (and the buildings on the site comply with this requirement). The 2007 special review application identified the following two purposes for the proposed parking lot: • The primary purpose of the lot would have been vehicle storage for automobile rental agencies that serve the Airport. Cars would have been parked in the lot by employees of the rental car companies, not by persons who would rent the vehicles. As demand required, the cars would have been moved from this storage lot to the Airport or to the rental car offices located in the AABC. A secondary use of the parking area would have been for long term (monthly) rental by persons who have a need for parking at the AABC or in the Aspen area. The 2007 Special Review application was denied by the Board of County Commissioners pursuant to Resolution 077-2007 (see Exhibit #4). The Resolution states that "The BOCC finds that the Special Review Use is not compatible with the surrounding neighborhood and is not consistent with the applicable provisions of the Pitkin County Land Use Code". During the hearing neighbors and members of the Board of County Commissioners stated a number of concerns regarding the proposed use. Following is a summary of Aspen Mini Storage Accessory Parking Site Plan Review Page 3 000005 what the applicant understood to be the main objections that were raised at that time, as reflected in the BOCC meeting minutes and notes taken by the applicant at the hearing: • Incompatibility of the lot with the nearby bike path; • Excess traffic at the ABC, especially at the intersection with the light; • Whether this is the best location to intercept traffic heading into Aspen; and • Impacts on neighbors living in nearby housing units. B. Proposed Site Plan This 2016 Site Plan application differs from the 2007 application in several very fundamental respects. First and foremost, the intended use of the parking spaces would be entirely different than was proposed in 2007. The applicant is not proposing a commercial parking facility. Instead, the parking would solely serve tenants who also rent storage units on this property, specifically businesses that have rented storage spaces where they already store equipment and materials. This means that the parking spaces will not be bringing new traffic into the property but rather will be used by tenants who are already coming to their storage units to access the tools and equipment they store in these units. It also means that the parking spaces are accessory to the storage use and not an unrelated (or primary) use of the property. Examples of businesses that rent storage spaces on this property and require this type of accessory parking are as follows: Thumbs Up (Landscape Services); 10th Mountain Home Services (Property Management); Just Wright (Painting); Moe, Inc. (Property Services); and Baker Construction. The concept of providing this type of service arose several years ago because some of these businesses who have rented storage units at this facility for some time reached out to Aspen Mini Storage looking for a place where they could park a vehicle or trailer used by their business. These businesses need this type of parking/storage space for a variety of reasons. In some cases, the building in which they are housed does not offer this type of service. Other businesses are located somewhere down valley and the owner would prefer not to have his employees haul the vehicle or trailer back and forth along the Highway but would rather it be kept in the Aspen Area, where their clients are located. About three years ago Aspen Mini Storage decided to provide this additional service to its tenants. The applicant allowed tenants to store work vehicles in the unimproved lot and in existing parking spaces that are located along the edge of Woodward Lane (which is a private driveway located within the subject property which also provides access to the adjacent Comcast property). At that time the applicant made some minor improvements Aspen Mini Storage Accessory Parking Site Plan Review Page 4 000006 to the spaces along Woodward Lane, converting them to head -in parking that would not interfere with traffic flow on Woodward Lane. No improvements were made to the lot until more recently, when the applicant initiated work on a minor grading project to smooth out some ruts in the unpaved lot and to establish proper drainage across the lot. The applicant contacted the County before starting this grading activity, to see if a permit was needed to fill and re -grade the lot. The applicant was told by staff that no such permit was needed for that type of work. So the work was initiated and shortly thereafter a complaint was made by a neighbor. At that point staff came out to the site, realized they had not fully understood the way the lot was being used and had therefore mis- communicated the need for a permit. Staff therefore directed that the work be stopped. The applicant was then given two choices, these being to restore the lot to its former condition and cease offering the accessory parking or to apply for site plan review approval for the lot. In response, the applicant has prepared this application and has roped off the lot to keep vehicles and trailers out of it until necessary County permits have been obtained. The site plan that the applicant has prepared depicts the proposed plans for this area. It shows that there would be three small clusters of parking established. First, the applicant wants to retain the eight head -in (8) spaces along Woodward Lane. Second, the site plan shows a cluster of ten (10) spaces in the lower portion of the lot, closest to the warehouse office. These ten spaces would all be located behind the tall berm that already exists on the property, making these spaces entirely invisible from the Highway and from the bike path. Third, the site plan shows five (5) spaces located in the middle portion of the lot, behind the tapered portion of the berm. There are already mature trees in this area that filter views into the lot and the site plan shows that the applicant would add five (5) evergreen trees and nine (9) deciduous shrubs (serviceberry or similar) to enhance this screening, effectively buffering it from view from the bike path and from American Road. A comparison of the 2007 site plan to the 2016 site plan illustrates how different the layout of the current proposal is from the prior plan for the site: • The proposed lot would contain just 23 parking spaces. This is less than half the number of spaces that was proposed in 2007 (47 were proposed at that time). • The parking spaces have been set back by nearly 100' from the northern property line whereas in 2007 the parking came to within about 50' of that property line, creating significantly greater distance/buffer area from neighboring properties. • The parking would cover significantly less of the overall area of this portion of the property than previously planned. The parking area would encompass just 13,000 square feet of land, which is less than '/4 of the area of the lot that is located to the west of Woodward Lane (that part of the lot is about 60,000 square feet in size). • The parking area is no longer proposed to be chip -sealed but instead would have a gravel surface. Aspen Mini Storage Accessory Parking Site Plan Review Page 5 00000-1 III. Consistency with West of Aspen Master Plan (WOMP) The staff has directed the applicant to address the consistency of the proposed site plan with the applicable Master Plan for this area, this being the 2013 West of Aspen Master Plan (WOMP). The WOMP designates the Airport Business Center area as "Mixed Use/ Commercial/Light Industrial'. This land use category is intended for 'local -serving service -commercial, light industrial and utility uses". The description of this land use category states that "AH, free market residential and office uses are intentionally not included". That statement is a recognition by the County of the limited area that exists for service commercial and related uses in the County and the importance of dedicating those areas to service commercial uses and not to housing or office uses. The use proposed for the Aspen Mini Storage property is a good fit with this land use designation. The parking proposed for the site would directly support and be accessory to the primary use of the property, the existing storage units. The only persons who would be able to store vehicles and trailers in this area would be persons who already rent storage units. Many of these persons are the owners and employees of small service commercial businesses that need a place to keep vehicles and trailers up -valley to minimize the back and forth Highway driving they would otherwise be required to perform on a daily basis. Those tenants are already driving to their storage units to access their tools and equipment and so the accessory storage of their trailers and other vehicles will not generate excess traffic at the Aspen Business Center. It is also important to note that having mini storage units with accessory parking on this property is consistent with the intent of the B-2 zone district. This use is a relatively low intensity commercial use which is non-polluting and does not generate a high number of vehicle trips per day. The WOMP also includes the following Land Use Policy and Implementation Step: Land Use Policy Implementation Ste Ensure that zoning maintains the integrity Modify zoning as necessary to allow and/or of the ABC as a service commercial, light provide incentives for service commercial industrial business center that provides and light industrial uses at the ABC. services to the Aspen community and fundamental, local services to those who live and work there The proposed accessory parking would be in direct support of this policy. Allowing small businesses to have a place to store a vehicle or trailer is one way the County can support the use of the ABC area by service commercial and light industrial businesses which provide necessary services to the community. This is an efficient use of the limited land area within the Urban Growth Boundary that is designated for service commercial purposes. This proposal will take land that cannot be used for structures (because it is Aspen Mini Storage Accessory Parking Site Plan Review Page 6 11 IN between 100' and 200' from the Highway) and give it a beneficial use that directly supports the service commercial industry. The applicant has also prepared an exhibit showing the uses that have been established within the 200' setback in the vicinity of the Airport Business Center. It shows that the lots within the Airport Business Center properties (located immediately) north of this property have not established either structures or parking within 200' of the Highway. However, immediately to the south of this property, the lumber yard has paved parking located between 100' and 200' from the edge of Highway 82. The new Mountain Rescue Building is located less than 200' from the Highway and its parking is located less than 100' from the Highway. So these adjacent uses already establish a pattern to the south of the Airport Business Center of parking that is located less than 200' from Highway 82. Further north, the North 40 Fire Station has paved parking located between 100' and 200' from the edge of Highway 82. The RFTA/County Streets complex also has some of its parking located in this zone, as does the CMC Campus. So, in summary, all of the buildings located on this side of Highway 82 that are not part of the Airport Business Center have established parking lots closer than 200' from Highway 82. The buildings at the Airport Business Center are a notable exception to this rule, with their parking being located more than 200' back from the edge of the Highway. Aspen Mini Storage Accessory Parking Site Plan Review Page 7 IV. Responses to Standards for Site Plan Review Staff has also requested that the applicant respond to several sub -sections of Chapter 7 of the Land Use Code, which establishes the standards related to the quality of development in Pitkin County. Following are the applicant's responses to the applicable standards of that chapter, as specified in the pre -application summary form. A. Water Courses and Drainage (Sec. 7-20-30) (b) Encroachment or Channeling. No encroachment or channeling activities are proposed. (c) Drainage. There are two existing drainage inlets located within the proposed parking lot, which are shown on the site plan. The existing drainage pattern in the lot allows surface water to drain into these inlets, where the water is collected from this commercial area and eventually makes its way to a large detention basin located toward the end of the main road serving this area. The applicant will ensure that the final grading of the lot maintains this existing drainage pattern. (d) Groundwater. No activities are proposed that would interfere with groundwater recharge or pollute groundwater. No contaminants will be introduced to groundwater as a result of this proposal. (e) Irrigated Areas. The proposal will have no effect on water supplies available for irrigation or any water rights. (t) Irrigation Ditches. There will be no impacts to irrigation ditches from this project. (g) Sedimentation. The applicant will comply with the County's standards for controlling sedimentation. A plan was provided to the County to obtain an earth moving permit showing the location of proposed sediment barriers (straw wattles) that will be placed down-slope of the disturbed soils to catch sediment. Disturbed areas that are not to be used for parking will be re -vegetated no later than one growing season after completion of construction by applying native seed mixes and fertilizer to disturbed areas and mulching seeded areas with straw. (h) Water Quality. (1) The project complies with the County's adopted stream setback standards. (2) There are no state or federal statutes and regulations concerning water quality that may apply to the proposed accessory parking area. (i) Efficient Water Use. The applicant will comply with this standard. Aspen Mini Storage Accessory Parking Site Plan Review Page 8 000010 B. Scenic View Protection (Sec. 7-20-120) The subject property is located along State Highway 82, just up -valley of the Airport Business Center. While portions of the property are visible from the Highway, most of the parking lot will be screened by a berm, which was installed many years ago, and some mature cottonwood trees that line the Highway frontage. Considering these conditions, following are the applicant's responses to the County's scenic view protection standards. The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills and existing trees, to screen buildings to the maximum extent practicable. Response: The berm that is located along the front of the property (see photographs) is approximately 10' in height on the southern (up -valley) side of the property, tapering to 4' in height towards the northern side of the property. The parking spaces have been located in the southern and middle sections of the property, behind this berm ensuring that they will either be entirely hidden from view from the Highway (the 10 space cluster) or substantially screened from view (the 5 space cluster). The trees located along the Highway will be supplemented with additional planting of evergreen trees and deciduous shrubs as shown on the site plan to further screen the views from the down valley side. 2. The proposed development shall avoid the location of structures within the Scenic View Protection Areas and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan, if possible. If location outside of the Scenic View Protection Area and defined viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of the site as viewed from those corridors listed above. Response: The parking lot will not be located on the highest ground or the most visible portion of the site. Instead it will be located behind the existing berm and trees which make it very difficult to see any portion of the proposed parking lot from the Highway. 3. The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane. Response: No structures are proposed so this standard is not applicable to this project. 4. The proposed structure shall be placed so that it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed above, unless there are no alternate building sites on the lot or parcel. Aspen Mini Storage Accessory Parking Site Plan Review Page 9 000011 Response: No structures are proposed so there will be no skyline penetration. 5. The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth sheltered design, the use of natural materials and coloring, the use of low -reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel or compliment the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. Response: The proposed parking spaces have been clustered in the least visible portions of the site, behind the existing berm and trees. 6. The proposed development shall preserve natural vegetation and avoid development within irrigated meadows to the maximum extent practicable. Response: No existing trees will be removed. Instead, trees and shrubs will be added to the site as shown on the site plan. The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. Response: No new utility installations are required for this project. 8. All satellite dishes in the proposed development shall be located to minimize visibility from those rights-of-way listed above and shall use earth tone colors and/or screening to minimize their visual impact. Response: A satellite dish is not planned for this project. 9. The proposed development shall not utilize earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with the standards of this section. Where earth moving techniques are necessary, man-made forms should be undulating and natural in appearance. Response: Earth moving and berms are not proposed as the means of complying with these regulations. The existing berm will be utilized for screening but the berm will not be extended or otherwise enhanced. Instead, vegetation will be planted alongside the berm to enhance the way the lot will be screened from the Highway. 10. In the Rural Area only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (e) as they may apply to the particular property. Aspen Mini Storage Accessory Parking Site Plan Review Page 10 000012 Response: This property is located within the UGB so this standard does not apply to this project. 11. The exterior of all development shall be built or painted with indigenous earth tone materials or colors. Response: No structures are proposed so this standard is not applicable to this project. 12. All roofs shall have a non -reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. Response: No structures are proposed so this standard is not applicable to this project. 13. Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure the survival of planted native species. Response: The applicant will comply with this requirement. 14. To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. Response: The proposed driveway will not require a major road cut but instead will only involve grading of an existing vacant lot in an industrial park. The driveway will be entirely hidden by the berm and will not be visible from the Highway. Aspen Mini Storage Accessory Parking Site Plan Review Page 11 000013 C. Landscaping and Vegetation Protection (Sec. 7-20-130) The landscaping plan for the property is illustrated on the proposed site plan. It shows that there are already a significant number of evergreen and deciduous trees around the perimeter of the lot. These trees are concentrated along the northern, western and eastern edges of the lot, where they effectively screen it from neighboring properties and from the bike path. The parking layout ensures that none of these trees will need to be removed. Instead, five (5) additional evergreen trees and nine (9) additional serviceberry or similar shrubs will be planted in strategic locations to further screen the lot from view. Following are the applicant's responses to the applicable standards in this section: (b) General Provisions. Protection of Natural Vegetation. The applicant will preserve the existing trees and shrubs on the site and supplement that landscaping with the additional vegetation that is shown on the site plan. 2. Conformance with Wildfire Regulations. There is no conflict between the County's wildfire regulations and the requirement to protect natural vegetation on this site. 3. Berms. No changes are proposed to the existing berm on this site. 4. Landscape Enclosures. Landscaping is not proposed to be used to enclose the boundary of the parcel. 5. Visibility Clearance. No landscaping is proposed where it would inhibit the visibility of drivers. 6. Utility Easements. Landscaping will not be installed over a utility easement. 7. Financial Security. The applicant requests that no financial security be required for this project. 8. Maintenance. The applicant agrees to maintain any landscaping that may be planted in a healthy condition and to replace plants that do not survive. (d) Required Landscaping in Urban Areas. This section requires landscaping to be provided in a variety of settings within the urban area. The provisions which could apply to the subject property are as follows: ii. To screen non-residential parking areas when viewed from adjacent public roads. iv. To break up required parking areas in the B-2 zone district into smaller cells. Aspen Mini Storage Accessory Parking Site Plan Review Page 12 000014 The screening requirement from adjacent public roads requires the landscaping to be at least 15' in width and to provide a minimum number of trees, shrubs and ground cover per linear foot of landscape area. The existing and proposed landscaping more than meets these minimums as viewed from the two adjacent roads (Highway 82 and American Road). This provision would not apply to Woodward Lane, which is a private road. The requirement to break parking areas into smaller cells of parking only applies to parking lots containing more than 40 spaces. This lot only contains 23 spaces. Nonetheless, landscaping has been used to separate the spaces into smaller cells, rather than have a single row or cluster of spaces all together in the lot. The Code requires the applicant to provide at least 5% of the parking area as landscaped islands and the site plan shows about 7.5% of the parking area being dedicated to landscape islands, exceeding the minimum standard. Aspen Mini Storage Accessory Parking Site Plan Review Page 13 000015 V. Conclusion The above responses and the attached exhibits and drawings provide the information the County has requested for this application. The applicant has responded to all applicable criteria of the Pitkin County Land Use Code, pursuant to direction given during the pre - application conference. Sufficient evidence has been provided of the project's compliance with said criteria, and commitments have been made to insure that the proposal will mitigate its impacts. The applicant will respond in a timely manner to requests by any reviewing agency for additional information, or clarification of the statements made herein. Aspen Mini Storage Accessory Parking Site Plan Review Page 14 000016 EXHIBITS 00001-1 516782 �G TRANSFER DECLARATION REChIVED 1012812005 EXHIBIT #1 3 5n56 --D GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED, made as of October, 2005, is by and between RALPH H. WOODWARD, the Grantor, and ASPEN MINI -STORAGE, LLC, a Colorado limited liability company, whose legal address is 1684 San Leandro Lane Montecito, CA 93108, the Grantee. WITNESSETH, that the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee and Grantee's successors, administrators and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado described as follows: LOT 3, COMMUNICATIONS CENTER SUBDIVISION, according to the Plat thereof recorded October 3, 1988 in Plat Book 21 at Page 34 County of Pitkin, State of Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and Grantee's successors, administrators and assigns forever. And the Grantor, for Grantor and Grantor's heirs, personal representatives and assigns, does covenant, grant, bargain, and agree to and with the Grantee and Grantee's successors, administrators, and assigns, that at the time of the ensealing and delivery of these presents, Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except as set forth in Exhibit "A" attached hereto. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee and Grantee's successors, administrators and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 000018 6 IIIIIIIIIIIIIIIIIIIIIIII SILVIA DAVIS PVIIIIIIIII�IIIIIIVIIIIIIIIIIIo 0i?575. oe ITK - - Ili 1011 IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ss. COUNTY OF PITKIN Ralph H.'�Woodward � The foregoing instrument was acknowledged before me on October t `I , 2005, by Ralph H. Woodward. WITNESS my hand and seal. My MY COWISSION MIRES: MARCH 11. E0JR ITIIN11111111111111If111I 516782 8 09:171 CO R 16.00 D 675.00 000019 I IIIIII VIII �IIIIIIIIIII COUNTY IIIII IIIIII III VIII IIII16.00 III O Page: / 82075 090:171 SILVIA DAVIS PITKIN 1. General and Special taxes and assessments for the year 2005 and subsequent years. 2. 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, as reserved in United States Patent recorded March 16, 1923 in Book 55 at Page 570. 3. 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. 4. 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. 5. 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. 6. 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. Easements, rights of way and all other matters as shown on Plat of said subdivision. S. Easement and right of way for utilities purposes, as granted by Ralph H. Woodward to Micro - Cable Communications, by instrument recorded July 30, 1990 in Book 625 at Page 979. 9. 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, said easement being more particularly described therein. 10. 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, said easement being more particularly described therein. 11. 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. All of the foregoing book, page, and reception number references refer to the real property records of Pitkin County, Colorado. 3 0000?:, EXHIBIT #2 Mr. Michael Kraemer, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN MINI STORAGE SITE PLAN REVIEW Dear Mike, I am the owner of the Aspen Mini Storage Warehouse (Lot 3, Communications Center Subdivision), located at 105 Woodward Lane in Aspen. I hereby authorize Alan Richman Planning Services, Inc. to act as my designated representative with respect to the land use application being submitted to your office for this property. Mr. Richman is authorized to submit an application for site plan review for accessory parking. He is also authorized to represent me in meetings with Pitkin County staff and the County's review bodies. Should you have any need to contact me during the course application, please do so through Alan Richman, whose address are included in the land use application, or you may contact me jphone number below. rely, B.Clark,Owner n Mini Storage, LLC Woodward Lane Aspen, CO 81611 970-920-3333 000021 of your review of this and telephone number directly at the address EXHIBIT #3 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY LOCATION: 105 AABC Road, Lot 3 of the Communication Center Subdivision PID#:273503102003 ZONING: B-2 OWNER: Aspen Mini Storage LLC, John Clark REPRESENTATIVE: Alan Richman PHONE & EMAIL: 920-1125, arichmanosopris.net DATE: September 8, 2016 (revised 9/27/16) PLANNER: Mike Kraemer 920.5482 Type of Application: Site Plan Review for Accessory Parking to a Mini Warehouse Use Description of Project/Development: The subject property contains the Aspen Mini Storage business. The Lot is currently under a Notice of Violation (NOV) for use of a portion of the property as a commercial parking lot for storage of mini warehouse customers' equipment. In 2007 the property received a denial for a somewhat similar proposed use pursuant to BOCC Resolution No. 77-2007. In effort to cure the NOV, the property owner has two options: (1) eliminate the parking lot and return the land to its previous state; or (2) attempt to gain approval for the parking lot use. The Applicant has elected to gain approval for the parking lot use. Land Use Code Sections to be addressed in letter of request (anolication): Sec. 7-10-50: Activity Envelope and Site Plan; Sec. 7-20-30: Water Courses and Drainages Sec. 7-20-120(d): Scenic View Protection Areas (Hwy 82 is a designated scenic corridors); Sec. 7-20-130: Landscaping and Vegetation Protection West of Maroon Plan (WOMP) Table 5-1.D: Dimensional Requirements in the B-2 Zone District Staff will refer the application to the following agencies: AABC HOA, John McBride Review by: BOCC Public Hearing: Yes, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the hearing pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior (by first class mail) to all property owners and mineral estate owners within a 300 foot radius of all property lines with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice is postmarked to submit comments or objections to the Community Development Department. FEES: $3,679.00 (Please make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $3,250 (non-refundable; based on 5 hours of staff time. If staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $325/hour). o Public Notice Fee: $54 o BOCC Clerk Fee: $375 *Flat Planning Fee doubles for Violations To apply, submit 3 (one copy single sided and unbound) copies of the following: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing each of the provisions of the Pitkin County Land Use Code identified above in sufficient detail to demonstrate that all substantive review criteria have been met. Summarize existing conditions, current 000022 uses and proposed future uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County Land Use Application Manual. 2. 24" by 36" and 11" by 17" Site Plan and proposed landscaping as designated in 2.1.12 of the Pitkin County Land Use Application Manual; 3. Copies of all resolutions, ordinances and approvals including any recorded drawings, 4. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual; 5. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within Pitkin County; 6. Consent from all owners to process application and authorizing the representative; 7. Total fee for review of the application; 8. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees; 9. List of all property and mineral estate owners within a 300 foot radius of all parcel lines; 10. A copy of this Pre -application Conference Summary form. NOTES: r PLEASE SUBMIT ONE UNBOUND, SINGLE SIDED COPY OF YOUR COMPLETE APPLICATION. THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED The Land Use Code and Land Use Application manual are available on-line at: http://www. pitkincounty. com/196/Land-Use ➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000023 EXHIBIT #4 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE ASPEN MINI STORAGE LLC SPECIAL. REVIEW FOR A COM-MIERCL4L PARKING LOT Resolution NojW-2007 RECITALS 1. Aspen Mini Storage LLC ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ('BOCC) for Special Review approval to develop a 47 space commercial parking lot on the western portion of the property. 2. The parcel is in the B-2 zone district and contains approximately 2.9 acres. 3. Said parcel is located on Woodward Lane, and is more specifically described as Lot 3, Communications Center Subdivision. 4. The Lot received Conceptual Subdivision, Detailed Submission and Final Plat approval pursuant to BOCC Resolution Nos. 82-67, 85-77, 88-22 and 88-73. 5. The BOCC heard this application at a duly noticed public hearing on September 12, 2007, at which time evidence and testimony were presented with respect to the application. 6. The BOCC finds that the Special Review Use is not compatible with the surrounding neighborhood and is not consistent with the applicable provisions of the Pitkin County Land Use Code, NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby deny the Special Review request to develop a 47 space commercial parking lot. 0000N DRAWINGS AND PHOTOS 000025 CD 0 0 0 rJ M I! Maps More Aspen Mini Storage Vicinity Map Map Created on 10:59 AM 09/29/16 at http://www.pitkinmapsandmore.com ,fir A ! IXAW ' V. i ow.. A---1= °"ILV.ar IWA� i r m .A I 7 ..J� '. 378.0 0 188.00 378.0 Feet 1: 2,256 WGS_1984_Wefr_Mercator_AUMNary_Sptrere O THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County CIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Smte Kgnwey Road Centerb. 4K Pndrary Road secondary Road SeNce Road Riwn and Creeks Continuous Interrnl8ent IM Rlwr. Lake or Pond Federal Land Boundary BLM 13 state of Cobrado 13 USFS O O O O N 1 / NBEET Proposed Shrubs - ♦ Proposed Evergreen Tree LEGEND T ma.t 1 1 1Proposed Evergreen Trees d 1 -spruce or pins (5) W {�•• N 1PAVED LOT 3 1 'o bnrvE �� Proposed Deciduous Shrubs 1 0 1 servicebarry or similar (9) 1 c 1 1 0 Existing Evegreen Trees m 6 O 1 (spruce and pine) 0 Existing Deciduous Trees ExistingTm ✓ rees e 1 -IhPJ (cottonwood and aspen) g 1 F I 1s a 1 e �14 1 0 I 0 13 1 E •1 2 0- 1 End Existing Berm - 1/LO 2 \ 1 1 11 DOs UN..TID 3 ceMrea s0e0mBION Proposed Parking ` I r'°ws"• 1 - (3) 10' x 30' parking spa ) - (2) 10' x 20' parking spots \ 1 - existing gravel area to be upgraded to _ �/— +• 9 — compacted structural 6 1 I 1 _ I$ 1 t' ° exist' ' 2 2 1 k a Existing Berm I - 10'- 121 tall 4 1 - screens proposed parking l R It 1 axis' ' 5 1 arkIn II I Proposed parking \\ - (6) 10' x 20' parking spots 7�j\ - (2) 10' x 30' parking spots ) - (2) 10'x 25' parking spots » .1 9 10 ) e I I exVstin paFkin _ a I Aspen Mini Storage Proposed Site Plan Land Design 39 28 September 2016 landscape architecture + design„ , it w .LanclDesign39.com 970-274-2430 scale: I = 50 'O north ., _ _ :__ _ ♦Ari ��. ♦. �T � � y ..h. v s ,N� ,i. , �� . +��,� f�J � ..'fid.. �-•, s , - .�• ,Ta PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Aspen Mini Storage, LLC. (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for Site Plan Review (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissions to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $3,679 which is based on 5 hours of staff time. If actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. 19 10 14 Q[Ki1lia 10 Cindy Houben Community Development Director Pitkin County SEP 2 9 2u Community Development 000031 APPLICANT ,cpr Z7 U/1 Mailing Address: 106 Woodward Lane Aspen, CO 81611 MISCELLANEOUS DOCUMENTS PUBLIC NOTICE RE: Aspen Mini Storage LLC Site Plan Review for Accessory Parking to the Mini Warehouse Use (CASE# P077-16; PID 2735-031-02-003) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, November 16, 2016 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, at the Pitkin County Library William R. Dunaway Community Meeting Room, 130 North Mill Street, Aspen, CO to consider an application submitted by Aspen Mini Storage LLC (105 Woodward Lane, Aspen, CO 81611) requesting approval for an accessory parking lot for storage of mini warehouse customers' vehicles and trailers. The property is located at 105 AABC Road and is legally described as a Lot 3, Communications Center Subdivision. The State Parcel Identification for these property is 2735-031-02-003. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. Comments or objections due by October 28, 2016. For further information, contact Mike Kraemer at (970) 920- 5482. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on October 13, 2016. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date hn://Ditkincountycom/DocumentCenter/View/10816 C � T County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITHIN COUNTY LAND USE CODE SECTION 2-20-100 I, R %*-w, , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property within 300' to the subject property, as indicated on the attached list, on the lK day of O u6k-, 2014 (which is 32 -days prior to the public hearing date of 0%4q . The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject property, as indicated on the attached list, on the 1M day of ocA-�-- , 201 c (which is 3a days prior to the public hearing date of %AtAir . The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the -!q day of 0 ci Aw— , 20 1( which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. kv!, (.(,(, Ac -��J Applicant's name Signature (Attach photograph here) TARA L. NELSCIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014030017 MY COMMISSION EXPIRES 09126/2017 JJeomdev/county/pI=ning/boccforms or pz forrns or ho forms I/a�v SiS� before me this �day ofv 201 Wy avc_L -1�4- WITNESS My io HAND AN" QFFICSEAL My co 'ssion expires: i2,5P �}` Notary Public's Signature PUBLIC NOTICE RE: Aspen Mini Storage LLC Site Plan Review for Accessory Parking to the Mini Warehouse Use (CASE# P077-16; PID 2735-031-02-003) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, November 16, 2016 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, at the Pitkin County Library William R. Dunaway Community Meeting Room, 130 North Mill Street, Aspen, CO to consider an application submitted by Aspen Mini Storage LLC (105 Woodward Lane, Aspen, CO 81611) requesting approval for an accessory parking lot for storage of mini warehouse customers' vehicles and trailers. The property is located at 105 AABC Road and is legally described as a Lot 3, Communications Center Subdivision. The State Parcel Identification for these property is 2735-031-02-003. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. Comments or objections due by October 28, 2016. For further information, contact Mike Kraemer at (970) 920- 5482. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on October 13, 2016. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date h!!p://pitkincounty.com/DocumentCenterNiew/I0816 Pitkin County Mailing List of 300 Feet Radius From Parcel: 273503102003 on 10/04/2016 �tZ'KIN COUNT Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. httr)://www.pitkinmapsandmore.com CITY OF ASPEN BUILDING 300 LLC PITKIN COUNTY 130 S GALENA ST PO BOX 10493 530 E MAIN ST #302 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 MCBRIDE JOHN P DDABC LLC BURKHOLDER INVESTMENTS LTD PO BOX 10493 109 AABC 1596 W BUTTERMILK RD ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 AABC 210 OWNERS LLC MCBRIDE KATHERINE HAWLEY CHILL LLLP 210 AABC #AA 303 E AABC 761 KALAMATH ST ASPEN, CO 81611-3513 ASPEN, CO 81611 DENVER, CO 80204 MTN RESCUE ASPEN CHARITABLE TRUST TCI OF NORTH NEW JERSEY INC PROBUILD COMPANY LLC PO BOX 25523 ONE COMCAST CENTER 32ND FL PO BOX 460169 OKLAHOMA CITY, OK 73125 PHILADELPHIA, PA 19103 HOUSTON, TX 770568169 ANNIE MITCHELL HOMESTEAD HOA PLETCHER EVAN GATES MICHAEL D PO BOX 3149 101 PASS GO LN #101 PO BOX 9143 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 CONARD M BRYAN HOULIHAN SARA B DECARLO KIM PO BOX 9996 110 PASS GO LN PO BOX 9301 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 VU TRUC K & TERESITA S HOWE PAUL KRET LORI ANN 112 PASS GO LN 210 PASS GO LN 211 PASS GO LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GASPERETTI JOHN HAAS JANET A CARROLAN SUSAN M 212 PASS GO LN 220 PASS GO LN #220 PO BOX 206 ASPEN, CO 81611 ASPEN, CO 81611 WOODY CREEK, CO 81656 MELTON LILY SMITH ANDREW MARSH KAMALA 310 PASS GO LN 311 PASS GO LN PO BOX 507 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 KNEIFEL NATHAN R HOWELLS THOMAS FERRER TREVOR R 320 PASS GO LN 321 PASS GO LN 322 PASS GO LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GIAMPAOLO JOSEPH F JR WALKIEWICZ LAUREN L RUTLEDGE WILLIAM O IV PO BOX 7871 411 PASS GO LN #411 412 PASS GO LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 DELAY JOHN P LIDDINGTON JENNIFER LYNK HARRY A II PO BOX 2724 421 PASS GO 510 PASS GO LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 NAIBI MARIAM M ARIEL KYLE BARROW DAVID J 511 PASS GO LN 512 PASS GO LN 520 PASS GO LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 FREEMAN PERRIN N III FULLER T NICOLE JAHN MARCIA L 521 PASS GO LN 522 PASS GO LN #522 610 PASS GO LN ASPEN, CO 816113421 ASPEN, CO 81611 ASPEN, CO 81611 REISCHE ERIC M KEANAAINA FARRAH K NERBONNE ARTHUR R PO BOX 4009 612 PASS GO LN #612 620 PASS GO LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 NORLUND KAREN L CASEY WILLIAM D KLANAC SAMANTHA M 621 PASS GO LN 710 PASS GO LN #710 711 PASS GO LN #711 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SMALL JACK E MONRONEY MICHAEL DITTMAR GERMAN 712 PASS GO LN 720 PASS GO LN 721 PASS GO ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 LEE JOEL D 722 PASS GO LN #722 ASPEN, CO 81611 5 005 p ff R4, rj.qlw Ml IPA 'Atli N 1 14 I!, , -A WOI'- PW -A nom,,.) ✓s, aOC4 COUNTS' Michael Kraemer <michael.kraemer@pitkincounty.com> Aspen Mini Storage 2 messages Alan Richman <adchman@sopds.net> Thu, Sep 15, 2016 at 12:31 PM To: Michael Kraemer<michael.kraemer@pitkincounty.com> Cc: John Clark <johnclark7037@gmail.com>, Amy Barrow <Amy@landdesign39.com>, Aspen Mini Storage <ams@rof.net> Mike, Thanks for meeting with me yesterday to discuss the application we've been preparing for the parking area at Aspen Mini Storage. You've asked me to summarize what we discussed and I am doing so herein. I have reviewed the pre -application summary you provided to me and as a result have been doing the following: Reviewing the 2007 land use application and the minutes from the 2007 BOCC special review hearing for this property; Reviewing the West of Aspen Master Plan (WOMP); and ' Meeting with the clients on the site to evaluate how the parking might best fit on the property. These activities lead me to conclude that the 2007 application proposed a form of parking that is very different from what is being contemplated today. The 2007 application proposed allowing rental cars from the Airport to be stored here and it proposed allowing month to month rentals by persons needing a space in the Aspen area (that is, commuter intercept parking). These concepts were not supported by the BOCC who suggested commuters should be intercepted down valley or at Brush Creek Road, and were concerned about traffic levels at the ABC and potential impacts on the adjacent bike path, especially where it intersects with American Road. I have also learned that the WOMP seeks ways to avoid bringing additional traffic into the ABC and looks to "provide incentives for service commercial and light industrial uses at the ABC". Finally, I have learned that the vast majority of the vehicles parked on the Aspen Mini site in recent months are from businesses that rent storage spaces in the warehouses and use those spaces to store their tools and equipment, with only a small number being from businesses that are not already tenants of Aspen Mini. So the parking of their vehicles is integrally related to their regular use of their storage space on the property. Given all of this, the owner and I have discussed the possibility that the only vehicles that would be permitted to park in the lot would be those owned by persons who are tenants of Aspen Mini and rent storage units on-site. This would mean that the site would not be a commercial automobile parking lot as that is defined in the Land Use Code. Instead, you and I discussed the -possibility that this would be considered either an accessory use to Aspen Mini Storage my suggestion) or a building materials and landscaping use your suggestion). In eithi er case, t e use would be one that is allowed in the B-2 zone district instead of being one that requires special review. I would greatly appreciate it if you would discuss this with staff as soon as possible and let me know if staff concurs with either of these use designations. If so, we will immediately submit a site/landscaping plan and an earth moving permit application to properly establish the parking within the portion of the property that is more than 100' from SH 82, to restore any areas that have been disturbed which are not within the area where parking is allowed and to add landscape screening to the area around the parking lot. Ideally we can accomplish this work right away to NO cure the notice of violation and get the parking back within its appropriate boundaries as soon as possible. Thank you for your consideration of this proposal. f_1M Michael Kraemer<michael.kraemer@pitkincounty.com> Thu, Sep 15, 2016 at 1:36 PM To: Alan Richman <adchman@sopds.net> Cc: John Clark <johnclark7037@gmail.com>, Amy Barrow <Amy@landdesign39.com>, Aspen Mini Storage <ams@rof.net> Thanks Alan. We'll talk about it at staff meeting on Monday MK Mike Kraemer Senior Planner Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 970.9205482 [Quoted text hidden] PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 October 3, 2016 Alan Richman PO Box #3613 Aspen, CO 81612 arichman@sopris.net Re: Aspen Mini Storage LLC Site Plan Review for Accessory Parking to a Mini Warehouse Use (PID 2735-031-02-003; Case P077-16) Dear Mr. Richman: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, November 16, 2016 at a meeting to begin at 12:00 P.M. in the Library Meeting Room, 120 North Mill Street, Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit of Notice (Code Section 2-20-100) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: AABC Homeowners Association Aspen Airport Business Center (AABC) FROM: Mike Kraemer, Community Development Department Michael.kraemer&pitkincgoU.com RE: Aspen Mini Storage LLC Site Plan Review for Accessory Parking to a Mini Warehouse Use (CASE P077-16; PID 2735-031-02-003) DATE: October 3, 2016 Attached for your review are materials for an application submitted by Aspen Mini Storage LLC. The Board of County Commissioners will review the application on Wednesday, November 16, 2016. Please return your comments to me by Friday, October 28, 2016. http://pitkincounty.com/DocumentCenterNiew/ /p1?1(_p Thank you. QATTACHMENT .� November 8, 2016 Mike Kraemer Pitkin County Planning Department Via Email Re: John Clark Parking Application Dear Mike; I have reviewed the land use application prepared for John Clark and have met with his onsite employee and now have a clear understanding of what has been proposed in this application. I have no concerns or opposition to the application as submitted. Since ely yours, 1 n McBride ASPEN BUSINESS CENTER • 303 E • ASPEN, CO 81611 • 970-925-2102 • FAX 970-925-2104 PITKIN*LINTY COMMUNITY DEVESIPMENT Permit Receipt RECEIPT NUMBER 00041183 Name: Aspen Mini Storage LLC Date:9/30/2016 Project Address: 105 AABC Type: check # 4366 Permit Number 0077.2016.PLAN 0077.2016.PLAN 0077.2016.PLAN Fee Description PP- Flat Fee PP- Clerk Fee PP- Public Notice Fee Amount 3,250.00 375.00 54.00 Total: 3,679.00 PLATS scale: 1 " =,2,000' ASPEN MINI STORAGE LLC PARKING AREA SITE PLAN Lot 3, Communications Center Subdivision Pitkin County Parcel ID # 273503102003 Clerk and Recorder{`7eP��-� RECEPTION#: 635577, 01/23/2017 at . 10:32:18 AM; i OF 1, R $13.00 Janice K. Vos Caudill, Pitkin County, CO PLAT BK 117 PG 65 w PAVED DRNE PAVED DRIVE Is �— ..„ nniG "LUMBER BUNKS" BI 13E P1Land Design 39 Landscape Architecture + Design www.LandDesign39.com amy(a1anddesign39.com 970-274-2430 Schematic date: Sevtember: November 17, 2016 November 18, 2016 November 23, 2010 i north i 0 15 30' 60' scale: 1" = 30'- 0" L 1.0 C4 u 4� b� 0 u O Vis~ I•� o !�I Plan Schematic date: Sevtember: November 17, 2016 November 18, 2016 November 23, 2010 i north i 0 15 30' 60' scale: 1" = 30'- 0" L 1.0 C4