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Home My WebLink AboutLand Use Case.500 W Hopkins Ave.0040.2009.ASLU_500 W. HOPKINS AVE 0040.2009.ASLU VESTED RIGHTS EXTENTION 273512449002 5(AN AleD n /,1 (P U .. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0040.2009.ASLU PARCEL ID NUMBER 2735 12 44 9002 PROJECTS ADDRESS 500.W. HOPKINS AVE PLANNER ERRIN EVANS CASE DESCRIPTION VESTED RIGHTS EXTEN REPRESENTATIVE SUNNY VANN DATE OF FINAL ACTION 08.17.2009 CLOSED BY Angela Scorey on 10/29/2009 .. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department Fhis Development Order, hereinafter "Order" . is hereby issued pursuant to Section 26.304.070. ~'Development Orders", and Section 26.308.010,'Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075. or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen FSP - ABR. LLC, 500 West Hopkins Avenue, Aspen, Colorado, 81611 represented by Sunny Vann ofVann Associates, LLC, 230 East Hopkins Avenue, Property Owner's Name, Mailing Address and telephone number Boomerang Lodge Subdivision, Planned Unit Development, Aspen, Colorado, more commonly known as 500 West Hopkins Avenue. Legal Description and Street Address of Subject Property The Applicant received approval to extend the vested rights to construct 13 additional hotel units, 5 free market units and two affordable housing units until October 20,2012. Written Description of the Site Specific Plan and/or Attachment Describing Plan th On August 28 , 2006, the Aspen City Council approved Ordinance No.26, Series 2006 and then on 0 th August 10 , Aspen City Council approved an extension of those vested right until October 20 . 2012 with the approval of Resolution No. 58, Series of 2009. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 16,2009. Effective Date of Development Order (Same as date of publication of notice of approval.) October 20,2012. Expiration Date of Development Order (The extension, reinstatement. exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 17111 day of August, 2009, by the City of Aspen Community Develooment I~irector. 00Â£ RfÂ» Chris Bendon, Community Development Director .. Pkxact (01'~ 273f-/2 -4- 491do Z 0040 -2009 - ASLU Elle Edit Record ~avigate FQrm Reporis Format Tab tieÂ© @ 9, .1 -d Q Q.1 J J. 14 1 , 1 010 2 0 & 1 1 + J /3 30 j 9 & 4 ~ ~ *aluation ~ Custom Fields I Actions I Feet 1 Parce@ ~ Fee Summarx Sub Eermits 1 Attachments Routing Status | Routing Mistory 1 Permit Type ~aslu _~|Aspen Land Use Permit # |0040.2009.ASLU - Address ~500 W HOPKINS AVE 21 Apt/Suite ~ i City |EPEN State IE-3 Zip |81611 ZI Permit Information Master Permit 1 2| Routing Queue |aslu07 Applied |06/24/2009 _~ Project | 2 Status |pending Approved | Description ~ VESTED RIGHTS EXTENTION Issued | Final ~ Submitted | SUNNY VANN 925 6958 Clock ~ning- Days ~-0 Expires |06/19/2010 J Owner - Last Name |ASPEN FSP-ABR LLC -Z| FIrst Name |C/O STEVEN STUNDA 602 N FORTH ST ASPEN CO 81611 Phone |(970) 925-7819 17 Owner Is Applicant? Applicant Last Name |ASPEN FSP-ABR LLC _2~ First Name ~C/O STEVEN STUNDA 602 N FORTH ST |ASPEN CO 81611 Phone |(970) 925-7819 Cust # |26621 Lender Last Name ~ 2| Fkst Name | - phone I AspenGold(b) ~ Record 1 oi l al * 00030 9 9,9 60 *le) A~M##f fjil 410 Â·OD 4- Ap Qucah.U 20, C' 62593> curz- en bil L-'i ludu ad.4095 4-0 406 P er Â» * .. CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00025932 Account name: 26621 Date: 6/24/2009 Applicant: C/O STEVEN STUNDA ASPEN FSP-ABR LLC Type: check # 000399 Permit Number Fee Description Amount 0040.2009.ASLU Aspen Land Use App Fees 1,470.00 Total: 1,470.00 500- 4 9 -,ul *1:1~CLAr J VAAn .. RECEIVED VANN ASSOCIATES, LLC Planning Consultants JUN 2 3 2009 CITY OF ASPEN June 22, 2009 'COMMUNITY DEVELOPMENT HAND DELIVERED Ms. Errin Evans Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Boomerang Lodge Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the Boomerang Lodge Subdivision/PUD, a mixed-use condominium lodge/residential project which has been approved for development on Lots K through S, Block 31, City and Town- site of Aspen (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The project's street address is 500 West Hopkins Avenue. The application is submitted pursuant to Section 26.308.010.C. of the Aspen Land Use Regulations (the "Regulations") by Aspen FSP-ABR, LLC (hereinafter "Appli- cant"), the owner of the property (see Exhibit 2, Title Insurance Commitment). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. A land use application form, an application fee agreement, and list of property owners located within 300 feet of Lot 1 are attached as Exhibits 4,5 and 6, respectively. Background Lodge, free market residential, and affordable housing GMQS allotments were granted to the project by the P&Z on June 13, 2006 pursuant to Resolution No. 18, Series of 2006 (see Exhibit 7). Final PUD approval; subdivision and condominiumiz- ation approval; a rezoning; and vested property rights were granted to the project on August 28,2006 pursuant to City Council Ordinance No. 26, Series of 2006 (see Exhibit 8). On June 11, 2007, the City Council designated a portion of the project site as a Historic Landmark pursuant to Ordinance 21, Series of 2007 (see Exhibit 9). A Development Order for the project was issued by the Community Development Department on October 13, 2006 (see Exhibit 10). As the Development Order indicates, the project's approvals are presently vested until October 20,2009. 230 East Hopkins Ave. Â· Aspen, Colorado 81611 Â· 970/925-6958 ' Fax 970/920-9310 .. Ms. Errin Evans June 22,2009 Page 2 Vested Rights Extension Pursuant to Section 26.308.010.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring perfor- mance prior to the date of application for extension or reinstatement; Section 7 of Ordinance No. 26 required the Applicant to record a subdivision plat and final PUD plans memorializing the Boomerang Lodge Subdivision/PUD's development approvals within 180 days of the Ordinance' s adoption. Similarly, Section 8 of the Ordinance required the recordation of a subdivision/PUD agreement within the same time period. A 30 day extension of the recordation deadline was granted by Chris Bendon on February 13, 2007 (see Exhibit 11) and the plat, PUD plans, and subdivision/PUD agreement were recorded with the Pitkin County Clerk on March 21, 2007. In addition to the above, Section 17 of Ordinance No. 26 required the Appli- cant to initiate the designation of the east wing of the former Boomerang Lodge as a Historic Landmark prior to recordation of the project's subdivision plat. An applica- tion for historic designation was submitted on February 9, 2007 prior to the plat's March 21, 2007 recordation date. As noted previously, the relevant portion of the project site was officially designated by the City Council on June 11, 2007 pursuant to Ordinance No. 21. 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The Applicant has made diligent efforts to obtain the requisite building permits for the project. These efforts included, inter alia, the preparation and recording of all necessary subdivision/PUD documentation, the development of final architectural and engineering plans and specifications, requisite environmental testing, the demolition of the non-historic portion of the former Boomerang Lodge, and the submittal of various building permit applications and related materials to the City's Building Department. Aggregate expenditures made by the Applicant in connection therewith total approxi- mately $2,900,000.00. .. Ms. Errin Evans June 22, 2009 Page 3 It is our understanding that the City has completed its review of the project's building permit application, and issuance of the permit could occur upon the Appli- cant's payment of all remaining associated fees. A 180 day extension of the of the building permit application, however, has been requested by the Applicant and granted by the Building Department. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. In addition to the historic designation of a portion of the former Boomerang Lodge, the Applicant has previously paid tree mitigation, water tap, and sanitation impact fees to the City and the Aspen Consolidated Sanitation District totaling approximately $291,079.00. Approximately $140,127.00 in additional school, park, and TDM/air quality impact fees will paid at building permit issuance. 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Progress on the redevelopment of the Boomerang property has halted due to the current nationwide economic climate and the inability of the Applicant to obtain construction financing for the project. No community benefit would result from the expiration of the project's vested rights as such rights are essential to the ability of the Applicant to continue to pursue financing and to resume development of the project. Given current economic conditions, and the uncertainty as to when project financing will become available, the Applicant respectfully requests that vested property rights for the Boomerang Lodge Subdivision/PUD be extended for a period of five years from October 20, 2009, or until October 20, 2014. As it is presently unknown when development will resume, the Applicant will agree to reclaim the disturbed portion of the site to include removal of a majority of the construction fencing and the regrading and seeding of the disturbed area. Fencing, however, must remain around the historically designated portion of the former lodge. The fencing is a condition of the Applicant's insurance carrier and is required to prevent unauthorized access to the building, to prevent vandalism, and to secure the building's outdoor pool area. .. Ms. Errin Evans June 22,2009 Page 4 Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ~OCIATES, LLC ls=JAn. Ae SV: CVV Ce: Steve Stunda d:\oldc\bus\city.app\app54509.ext . EXHIBIT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Errin Evans, 429-2745 DATE: 06.11.2009 PROJECT: 500 West Hopkins Avenue (Boomerang Lodge) - Extension of Vested Rights REPRESENTATIVE: Sunny Vann Tel: 925-6958 DESCRIPTION The Applicant would like to request an extension of vested rights for the redevelopment of the Boomerang Lodge project. The project consists of retaining a portion of the building with a historic designation and redeveloping the lodge into 47 hotel units, 5 free market units, 2 affordable housing units and underground parking facilities from 34 hotel units. The applicant would like to apply to extend the vested rights of the project to secure financial commitments. To receive an extension of vested rights, the applicant must submit an application to Council for approval by resolution at a public hearing. Land Use Code Section(s) 26.304.030 Common Development Review Procedure RECEIVED 26.308.010 Vested Property Rights http://www.aspenpitkin com/depts/38/citycode.cfm JUN 23 2009 Review by: - Staff for complete application CITY OF ASPEN - Referral agencies for technical considerations COMMUNITY DEVELOPMENT - City Council Planning Fees: $1470 Deposit for 6 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $245/hour). Total Deposit: $1470 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Signed fee agreement. 6. Pre-application conference summary. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 9. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 10. Additional application material as required for each specific review. (See application packet and land use code) 11, Approved development plans on which vested rights are to be extended. 12. Copies of prior approvals. .. 13. 10 Copies of the complete application packet and maps. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. . EXHIBIT Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q387506-2 Schedule A Cust. Ref.: Property Address: 500 WEST HOPKINS AVENUE ASPEN, CO 81611 1. Effective Date: ,January 08,2007 at 5.00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ASPEN FSP-ABR, LLC., A DELAWARE LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: LOTS K, L, M, N, O, P, Q, R, AND S BLOCK 31 CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN STATE OF COLORADO .. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q387506-2 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN. IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. .. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q387506-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records, 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances. adverse claims or other matters. if any. created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Llens for unpaid water and sewer charges, if any. 9. DEED OF TRUST DATED JUNE 28,2005, FROM ASPEN FSP-ABR, LLC., A DELAWARE LIMrrED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF BANK MIDWEST. NA TO SECURE THE SUM OF 00 RECORDED JUNE 29,2005, UNDER RECEPTION NO. 51 1778 SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS RECORDED JUNE 29,2005, UNDER RECEPTION NO. 511779. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF ENTITLEMENT DOCUMENTS AND CONTRACTS RECORDED JUNE 29,2005, UNDER RECEPTION NO. 511780. 10. F]NANCING STATEMENT WITH, BANK MIDWEST. NA rHE SECURED PARTY, RECORDED JULY 12, 2005 UNDER RECEPTION NO. 512253. 11. RESERVATJONS AS CONTAINED IN PATENT OF THE UNITED STATES, 12. RESERVATIONS AND RESTRICTIONS AS CONTAINED lN DEEDS RECORDED JANUARY 3, 1888 IN BOOK 55 AT PAGE 378 AND RECORDED JULY 30, 1889 IN BOOK 55 AT PAGE .. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q387506-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 576 PROVIDING. "THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF COLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS, AND PROVIDED FURTHER THAT THIS DEED lS MADE AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES." 13. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 2, SERIES 1997 TO REZONE SPECIFIC PROPERTIES RECORDED SEPTEMBER 03. 1997 AT RECEPTION NO. 407979. 14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 08, SERIES 1997 GRANTING A VARIANCE RECORDED SEP'rEMBER 23, 1997 AT RECEPTION NO. 408741. 15. TERMS, CONDIT]ONS AND PROVISIONS OF CITY OF ASPEN ORDINANCE #26, SERIES OF 2006 RECORDED TANUARY 02,2007 AT RECEPTION NO. 532933. e .EXHIBIT June 12, 2009 Ms. Errin Evans Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Evans: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our vested rights extension application for the Boomerang Lodge Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforemen- tioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN FSP-ABR, LLC, a Delaware limited liability company ~teve Stunda, I*elopment Manager/Partner 02 North Fourth Street Aspen, CO 81611 (970) 925-7604 Aspen, Co 81612 (970) 948-0813 d: \oldc\bus\city.ltr\Itr54509.eel RECEIÂ¥~D EXHIBIT JUN 2 3 2009 3 - CITY OF 'ASPEN LAND USE APPUGATION .,Fri V ..vELOPMENT APPLICANT: Name: A6rakl Pt>r - Arlm,Ur-=. Location: 26<56 \,jES, Re>rn /6/4. Ave. (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: a-2,1 1-1-f VAL!1 1% 9,4*1 '4(hCO~ETEL; U-,1 Address: zmo a./4(19$114Â£= /Ve . Phone #: 49â„¢u-1,03 8/4// PROJECT: Name: ha-law*D Unte 60,5,736 'C*-1 1 ptl-D Address: Va:F-Gr) Trl 6, 474, a><7+8&44:42*1 Phone #: TYPE OF APPLICATION: (please check all that apply): El Conditional Use E Conceptual PUD U Conceptual Historic Devt. [3 Special Review U Final PUD (& PUD Amendment) C] Final Historic Development El Design Review Appeal U Conceptual SPA El Minor Historic Devt. El GMQS Allotment E] Final SPA (& SPA Amendment) El Historic Demolition El GMQS Exemption U Subdivision E] Historic Designation E] ESA -8040 Green]ine, Stream U Subdivision Exemption (includes [3 Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split [3 Temporary Use [~ Other: \&5972Er) Lot Line Adjustment U Text/Map Amendment tg) 674-1,5 **11 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) UE ArPL! â‚¬47244 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) CAE ArruobmeA Haye you attached the following? FEES DUE: s,/4-le> ~);re-Application Conference Summary u, Attachment # 1, Signed Fee Agreement /~i [3 ,#:esponse to Attachment #3, Dimensional Requirements Form 10~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 00 mer@ .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT """"'""= Agreement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and *'W/â‚¬A*5/T' 1ECEIVED (hereinafter APPLICANT) AGREE AS FOLLOWS: M 2 3 2009 1. '6,GEâ‚¬;~ 04/ 0,1 Â¥ )F ASPEN 'COMMUNITY DEVELOPMBE (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) 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. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4, CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $*'0'70 -which is for & hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the ClTY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Â«ma%01 keyÂ©,L- Chris Bendon Community Development Director Date: Billing Address and Telephone Number: Required 401 N. ratÂ»M <21; *fiPG, J: C-<bev '/ ' 92â‚¬-7409- g:\support\forms\agrpayas.doc 11/30/04 Easy PeelÂ® Labels A I Bend along line to rir==- Use AveryÂ® Template 5160Â® A.. 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rebord Pep-Upâ„¢ 1-800-GO-AVERY chargement 1 Easy PeelÂ® Labels A i Bend along line to ~ AVERYÂ® 5160Â® | Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up Edgeâ„¢ ~ A FARR CHARLOTTE FINE FREDRIC N & SONDRA FRANSEN ERIN M & GREGORY H 306 MCCORMICK AVE 412 MARINER DR PO BOX 5082 CAPITOLA, CA 95010 JUPITER, FL 33477 GILLETTE, WY 82717-5082 FRIAS PROPERTIES OF ASPEN LLC GARMISCH LODGING LLC GOLDENBERG STEPHEN R & CHERYL J 730 E DURANT 8566 COLGATE AVE 430 W HOPKINS AVE ASPEN, CO 81611 LA, CA 90048 ASPEN, CO 81611 GORDON LETICIA GOLDMAN DIANNE L H & H PROPERTIES LLLP C/O JOE RACZAK GOLDEN HORN PO BOX 518 807 W MORSE BLVD STE 101 555 E DURANT AVE FAIRFIELD, CT 06824 WINTER PARK, FL 32789-3725 ASPEN, CO 81611 HAISFIELD MICHAEL DOUGLAS HAYMAN JULES ALAN HORTON DAYNA L HAISFIELD LISA YERKE 9238 POTOMAC SCHOOL DR 520 W MAIN ST #22 616 W HOPKINS POTOMAC, MD 20854 ASPEN, CO 81611 ASPEN, CO 81611 HY-MOUNTAIN TRANSPORTATION INC IGLEHART JIM IGLEHART JIM 111C AABC 610 W HALL-AM ST 617 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ILGEN EILEEN L JEWISH RESOURCE CENTER CHABAD ILGEN JACK D & ELOISE C/O DAN SODERBERG OF ASPEN 17352 HWY 82 #C 2569 LOWER RIVER RD 435 W MAIN ST CARBONDALE, CO 81623 SNOWMASS, CO 81654 ASPEN, CO 81612 JOHNSON STANFORD H JOHNSTON FAMILY TRUST KELLY KIM PO BOX 32102 2018 PHALAROPE 605 W HOPKINS AVE #202 TUCSON, AZ 85751 COSTA MESA, CA 92626 ASPEN, CO 81611 KONIG DEBORAH KELSO DOUGLAS P KOELLE ALICE HANSON KIM 627 W MAIN ST PO BOX 2871 605 W HOPKINS AVE #203 ASPEN, CO 81611-1619 ASPEN, CO 81612 ASPEN, CO 81611 LAST NICKEL LLC KURKULIS PATSY & PAUL R LAMB JENNIFER C & TIMOTHY E CO LUCAS PECK BRANDT PC 605 W HOPKINS AVE #201 605 W HOPKINS AVE #204 132 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN, CO 81611 BASALT, CO 81621 LOT 2 BOOMERANG LOT SPLIT LESTER JAMES LITTLE AJAX CONDOMINIUM ASSOC PLANNED COM OWNERS ASSOC 229 CHRYSTIE ST #1417 605 W HOPKINS #006 533 E HOPKINS AVE 3RD FL NEW YORK, NY 10002 ASPEN, CO 81611 ASPEN, CO 81611 Etiquette faciles & peler Repliez A la hachure afin de www. avery.com ~ Sens de , Utilisez le gabarit AVERYÂ® 5160Â® , chargernent r@v@ler le rebord Pep-Upâ„¢ 1-800-GO-AVERY 1 Easy PeelÂ® Labels A i Bend along line to ~ AVERYÂ® 5160Â® | Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up Edgeâ„¢ ~ 1 MADSEN MARTHA W MARSHALL ALISON J & JOSHUA W MOLLER DIANE T 608 W HOPKINS AVE APT 9 605 W HOPKINS AVE #212 4032 CRYSTAL BRIDGE DR ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623 NELSON TREVOR T & ROSE MARIE NIX ROBERT JR NORTH AND SOUTH ASPEN LLC 605 W HOPKINS #207 PO BOX 3694 200 S ASPEN ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 NORTHWAY LLC OHARROW SIOBHAN P OLIVER SPORTS BRACING LLC 106 S MILL ST #203 605 W HOPKINS AVE #208 520 W MAIN ST #20 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PERRY EMILY V RENO ASPEN PROPERTIES LLC REVA LLC PO BOX 11071 605 W MAIN ST #002 PO BOX 1376 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 RODRIGUEZ JOANN ROLAND DANIEL P & LEAH S RUFUS CAMI CAMI LLC 605 W MAIN ST #00A 605 W HOPKINS AVE #102 1280 UTE AVE #7 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SCOTT MARY HUGH SHADOW MTN CORP SCHALL FAMILY TRUST 8/31/1998 RUSSELL SCOTT 111 & CO LLC C/O FINSER CORP 18518 ST MORITZ DR 5420 S QUEBEC ST #200 7321 N.W. 75TH STREET TARZANA, CA 91356 GREENWOOD VILLAGE, CO 80111 MEDLEY, FL 33166 SHERWIN ENTERPRISES LLC SLTM LLC SMITH ANDREW C & DONNA G C/O JENNIFER SHERWIN 106 S MILL ST 3622 SPRINGBROOK ST 1714 VISTA ST ASPEN, CO 81611 DALLAS, TX 75205 DURHAM, NC 27701 STARFORD PROPERTIES NV STASPEN LLP SUBOTKY JULIE E CO KEON WILLIAM C/O JOHN STATON 55 WEST 14TH ST #15L 7321 NW 75TH ST 1180 PEACHTREE ST NE NEW YORK, NY 10011 MEDLEY, FL 33166 ATLANTA, GA 30309-3521 TOMS CONDO LLC THROM DOUGLAS H TODD SHANE C/O BRANDT FEIGENBAUM PC 617 W MAIN ST PO BOX 2654 132 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN, CO 81612 BASALT, CO 81621 ULLR CONDO LLC ULLR HOMEOWNERS ASSOCIATION VANDERSCHUIT FAM TRUST 6450 AVENIDA CRESTA 600 E HOPKINS #304 5836 WAVERLY AVE LA JOLLA, CA 92037 ASPEN, CO 81611 LA JOLLA, CA 92037 A Etiquette faciles & peler Repliez & la hachure afin de www.avery.com Sens de 1-800-GO-AVERY Utilisez le gabarit AVERYÂ® 5160Â® rav*ler le rebord Pep-UpTM chargement 1 Easy PeelÂ® Labels A Bend along line to Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up Edgeâ„¢ ~ ~ AVERYÂ® 5160Â® | A VIEIRA LINDA 50% INTEREST WAGNER HOLDINGS CORP LLC VERNER DANIEL A & MERYLE HALL TERESA 50% INTEREST C/O BILL POSS 2577 NW 59TH ST 0095 LIGHT HILL RD 605 E MAIN ST BOCA RATON, FL 33496 SNOWMASS, CO 81654 ASPEN, CO 81611 WASHBURN LYNN S WENDT ROBERT E 11 WERLIN LAURA B TRUST TERRELL SERENE-MARIE 350 MT HOLYOKE AVE 2279 PINE ST 605 W HOPKINS AVE #205 PACIFIC PALISADES, CA 90272 SAN FRANCISCO, CA 94115 ASPEN, CO 81611-1607 WEST ALFRED P JR & LORALEE S WHITNEY KURT A & JACQUELINE WINGSTONE TOY COMPANY LLC 58416475 METAVANTE WAY 6448 E CRABTREE PL 12 GREENBRIAR LN SIOUX FALLS, SD 57186 YUMA, AZ 85365 PAOLI, PA 19301 YLP WEST LLC YOUNG DONALD L YOUNG PAUL 111 FAMILY TRUST 7 SOUTH MAIN ST PO BOX 4444 413 W HOPKINS AVE YARDLEY, PA 19067 ASPEN, CO 81612 ASPEN, CO 81611-1603 Etiquettes faciles & peler Repliez A la hachure afin de www.avery.com i Sens de Utilisez le gabarit AVERYÂ® 5160Â® 1-800-GO-AVERY , chargement r*valer le rebord Pop-U~TH 1 . . EXHIBIT r-1 Resolution No. 18 (SERIES OF 2006) A RESOLUTION OF TIIE CITY OF ASPEN PLANNING AND ZONING COMMISSION GRANTING GROWTH MANAGEMENT QUOTA SYSTEM APPROVAL FOR LODGING, FREE-MARKET RESIDENTIAL, AND AFFORDABLE HOUSING ALLOTMENTS, AND RECOMMENDING CITY COUNCIL APPROVE, THE SUBDIVISION, PLANNED UNIT DEVELOPMENT, AND REZONING FOR A PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT OF THE BOOMERANG LODGE, 500 WEST HOPKINS AVENUE, CITY OF ASPEN, COLORADO. Parcel ID:2735.124.49.002 WIIEREAS, the Community Development Department received an application O 9 from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950; ..4.-, G "tER Reston , VA 20190; represented by Sunny Vann of Vann Associates, requesting approval 3.-Â·E~ of six (6) free-market residential growth management allotments, two (2) affordable housing growth management allotments, eighteen (18) lodge growth management 9 1 23 LD a s allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay, Planned Unit Development approval, Condominiumization approval, and vested rights - for the redevelopment of the Boomerang Lodge located at 500 West Hopkins Avenue and known legally as Lots K through S of Block 31, City and Townsite of Aspen, Pitkin County, Colorado; and, WHEREAS, the site currently contains 34 hotel units in a structure of approximately 23,000 square feet of Floor Area and surface parking located primarily - within the public rights-of--way. The proposed development includes 52 hotel units, 6 free- market residential units, 2 affordable housing units, a 31-space underground parking facility, and 17 surface parking spaces in a structure of approximately 51,000 square feet of Floor Area as defined by the City of Aspen; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the application according to the standards of review for each of the requested land use approvals and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.470.040 of the Land Use Code, Growth Management Review approvals may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision Review approval may be granted by the City Council at a duly noticed public hearing Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 1 IEZ 00'IS M 03 *14-20 INIId 1110 2 SC3 3 3)INUr .. after considering recommendations by the Planning and Zoning Commission Community, Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during a regular meeting on April 11, 2006, continued to May 2, 2006, continued to May 16, 2006, and continued to June 13, 2006, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where the recommendations of the Community Development Director and comments from the public were heard and approved the request for six (6) free-market residential growth management allotments, two (2) affordable housing growth management allotments, eighteen (18) lodge growth management allotments, and recommended City Council Subdivision, Rezoning for a Planned Unit Development Overlay, and Planned Unit Development approval by a four to two (4-2) vote, with the findings contained in Exhibit A of the May 16, 2006, staff memorandum and the conditions of approval listed hereinafter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1: Growth Manaeement Allotments The Planning and Zoning Commission, pursuant to Chapter 26.470 - Growth r- 4- Q R Management - hereby grants to the Boomerang Lodge Redevelopment project six (6) 9.- N E~ free-market residential allotments and two (2) affordable housing allotments, and eighteen (18) lodge growth management allotments, subject to the requirements listed 1-r)2ige hereinafter. Section 2: Recommendation of Approval for Subdivision, Rezoning for PUD Overlay, and PUD Final Development Plan The Planning and Zoning Commission, pursuant to Chapter 26.480, 26.310, and 26.445 - Subdivision, Rezoning, and Planned Unit Development, respectively - hereby recommends City Council grant Subdivision approval, rezoning for a Planned Unit Development Overlay, and Planned Unit Development Final Development Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter. Section 3: Project Dimensions The following approved dimensions of the project shall be reflected in the Final PUD Plans: Dimension Proposed Development Minimum Lot Size 27,000 s.f. Minimum Lot Width 270 ft. Minimum Front Yard Setback 0-5 ft. Minimum Side Yard Setback 0-5 ft. on west 1-5 ft. on east Minimum Rear Yard Setback 0-5 ft. Maximum Height 42 ft. for a flat roof. Approximately 30- 35 ft. on east side. **This needs to be Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 2 .. more sp.@gjfjP Pedestrian Amenity Space 19% Floor Area: Total 1.86:1 = 50,470 s.f. Lodging .97:1 = 26,210 s.f. Non-unit space .35:1 = 9,536 s.f. Commercial N/A Free-Market Residential .475:1 = 12,845 = 25% of total project Affordable Residential .05:1 = 1,452 s.f. Section 4: Trash/Recycling Area The applicant is encouraged to make sure that the trash storage area has adequate wildlife protection and to make sure recycling containers are present wherever trash compactors or dumpsters are located due to the City' s new recycling ordinance requiring haulers to provide recycling in the cost of trash pick-up. 0 - 4- 0 e Section 5: Affordable Housing 4 0 8 Q The applicant shall provide two Category 2 affordable housing units as depicted in the h ~ Z application dated December 30,2005. These units shall be considered full mitigation for the development proposed in said application. A Certificate of Occupancy for the Boomerang Lodge Redevelopment project shall not be issued until such time as Certificates of Occupancy for the deed restricted affordable housing units, which are required for mitigation, have been issued. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the APCHA Guidelines, as may be amended from time to time. The applicant shall structure and record a deed restriction for the affordable housing units such that an undivided 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. The affordable housing units shall be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance over a period of more than one year. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. At such time if the units become ownership units, these units will establish an independent homeowners association. Section 6: Additional Trip Generation and PM10 Mitigation Plan Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 3 0I ICZ 0I f 2 lili lili lilli Ill l11111111111111111111111111111111111111 00'IS 21 03 AiNOOD N .. In order to reduce the impacts of additional trip generation and PM10 generated by the project, the project shall provide either: 1) a shuttle service for use by the owners/guests of the residences/hotel, 2) an electric vehicle for use by owners/gusts of the project, 3) secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall join the Transportation Options Program. The Subdivision Agreement shall specify which of these options shall be implemented. The proj ect shall be subj ect to any transportation related impact fees adopted prior to application for a building permit and any o f the above options shall be credited towards any fee requirement. Section 7: Subdivision Plat and PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and Final PUD Plans. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and, in addition to the standard requirements, shall include: 1.. The final property boundaries and disposition of lands. 2. The location of Revocable Encroachments for physical improvements within public rights-of-way, including parking to be designated to the Lodge, with reference to agreements and licenses for such improvements. 3. The location of utility pedestals with access easements for the utility provider. Transformers and pedestals shall be located outside of the public right-of-way unless licensed. 4. The applicant shall provide the final approved Subdivision line data or survey s T- ES description data describing the revised building, street, and parcel boundaries to .=r /= s - C the Geographic Information Systems Department prior to applying for a building h W Z iN cm -- permit. The final building location data, including any amendments, shall be LD 2 8 provided to the GIS Department prior to issuance ofa Certificate of Occupancy. In addition to the standard requirement of Section 26.445.070.B, the Final PUD Plans shall include: 1. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department. 3. A sidewalk and curb improvements plan depicting a detached sidewalk with planting buffer along both West Hopkins Avenue and North 5th Street. The sidewalk shall be five feet in width and be located adj acent to the property - boundaries, or as close as possible given existing vegetation as determined by the City Engineer and the Community Development Director. The surface parking along West Hopkins Avenue shall be eliminated. The sidewalk shall incorporate accessible ramps according to the current standards. 4. Design specifications and profiles for public right-of-way improvements. Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 4 IEZ: 01 01 JO 00 1, hi o 03 A_-"100 N lia I llul IOJ t>UA )1 ju Â· Ntil 5. An architectural character plan demonstrating the general architectural character and depicting materials, fenestration, and projections. 6. Scaled floor plans of each level ofthe building depicting unit divisions. 7. A utility plan meeting the standards of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 9. An exterior lighting plan meeting the requirements of Section 26.575.150. Section 8: Subdivision and PUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Pennit, the applicant shall record a Subdivision and PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.480.070 and 26.445.070.C, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of-way with reference to their locations depicted on the Subdivision Plat. 4 86 2. In order to secure the performance of the construction and installation of -1020 improvements in the public rights-of-way, the landscape plan, and public facilities 14.Z performance security shall include and secure the estimated costs of proposed right-of-way improvements. 3. A revocable license agreement to use portions of the Fourth Street right-of-way for dedicated parking. 4. A license agreement to use any public rights-of-way, or portions thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per square foot per month for the time period in which the land is to be occupied for construction staging. Section 9: Impact Fees Park Impact Fees oi $41,039 shall be assessed. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. W The following fee total is based on the current proposal and fee schedule: Park Fees - Proposed Development: 52 Lodge Units (studio units) @ $1,520 per unit =$79,040 2 one-bedroom residential units @ $2,120 per unit = $4,240 3 two-bedroom residential units @ $2,725 per unit = $8,175 3 three-bedroom residential units @ $3,634 per unit = $10,902 Total = $102,357 Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 5 00' IS 3 00 A_NnOO N >Ilrd 1-1IOndO SOA >I DINUr lez::.05Â° * 1 Lâ€ž lili Ili mil 11 mil 11 H I Â®Il l .. Park Fees - Credit for Existing Development: 34 Lodge Units 29-studio units @ $1,520 per unit =$44,080 3 two-bedroom units @ $2725 per unit =$8,175 2 three-bedroom units @ $3,634 per unit =$7,268 Total Credit = ($59,523) Total Park Impact Fee Due = $42,834 School Land Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The applicant shall provide and the City of Aspen shall verify the unimproved land value of the lands underlying the Project and determine the applicable dedication fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. Other Impacts Fees. The project shall be subject to amendments and additions to the Impact Fee Chapter of the Land Use Code adopted prior to the application for a building permit. , S G â‚¬ Section 10: Water Department - 6- LD â‚¬ The applicant shall comply with the City of Aspen Water System Standards, with Title =to C - 10 2 9 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and ki h~ Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of ID 2 8 Aspen Water Department. Soil nails will not be allowed in the City ROW. Section 11: Sanitation District StandardsfRequirements The applicant shall comply with the Aspen Consolidated Sanitation District' s rules and regulations, including the following: - 1. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at the time of construction. 2. Applicant's engineer will be required to give the district an estimate of anticipated daily average and peak flows from the project. , 3. A wastewater flow study may be required for this proj ect to be funded by the applicant. 4. All clear water connections are prohibited (roof, foundation, perimeter, patio drains), including entrances to underground parking garages. 5. On-site drainage and landscaping plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. 6. On-site sanitary sewer utility plans require approval by ACSD. 7. Oil and Sand separators are required for public vehicle parking garages and vehicle maintenance facilities. Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 6 'EZ 00 V. 6. U UJ A-Â·4 IUJ 14. Mila I 11UVIOJ Z>U/\ A I.). NOL .. 8. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. 9. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. 10. When new service lines are required for existing development the old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 11. Below grade development may require installation of a pumping system. 12. Generally one tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. 13. Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line of each development. 14. All ACSD total connection fees must be paid prior to the issuance of a building permit. 15. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Section 12: Pre-Construction Meeting Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and PUD/SIA agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting permits, changes, etc., and review the Building Department checklist. Section 13: Construction Manaeement Plan Prior to application for any Building Pennit, Foundation Permit, Access Infrastructure permit, Demolition permit, etc., the applicant and the City shall agree upon a Construction Management Plan for the project. For the City, the plan shall be reviewed by the Community Development Engineer. The Plan shall include: 1. A construction management and parking plan meeting the specifications of the City Building Department. 2. An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastructure and provisions for noticing emergency service providers, neighbors, the City Streets Department, the Transportation Department, City Parking Department, and the City Engineering Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 7 0I ICZ 01 2Y~00 ji1 ifil ill iii illilll ill illilil lili 111111 lilli ililll 1 A NAOO NIMiId 11IOneD SOA >1 30INet .. Department. Street closures concurrent with significant public events shall be avoided to the greatest extent possible. 3. A notice to be sent to neighboring property owners describing the general schedule of the project and the contact information of the general contractor. The City encourages open communication between project representatives and the neighbors such that day-to-day issues can be resolved without involving the City. 4. A Fugitive Dust Control Plan which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. For projects greater than one acre in size a fugitive dust control plan must be submitted to the Colorado Department of Public Health and Environment (CDPHE), Air Quality Control Division. 5. Recycling facilities, in addition to trash facilities, for the period of construction. Section 14: Building Permit Requirements The building permit application shall include/depict: 1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Resolution and Ordinance have been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A right-of-way improvement plan depicting physical improvements to the right-of-way including design specifications and profiles. All improvements shall comply with the City's requirements for accessibility. 6. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan for approval by the City Parks Department. - 7. A utility plan meeting the standards of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 9. A fireplace/woodstove permit. In the City o f Aspen, buildings may have only two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New buildings may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 8 Imi 11 lf60% c :231 JANIE K \,JS 2 -JILL F:1KIN JOLI\TY C. R 51.00 D 0.00 .. 10. An asbestos inspection report. Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile, etc., the CDPHE Air Quality Control Division must be notified and a person licensed by the state of Colorado to do asbestos inspections must do an inspection. The Building Department cannot sign any building pennits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. A tree removal pennit, as applicable. 12. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as- needed cleaning of adj acent rights-o f-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. 13. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures an(For streets. The City will not approve of soil nails into public right-of- way or utility easements. 14. A construction site management and parking plan meeting the specifications of the City Building Department. Prior to issuance of a building permit: WQ Ot * 2 CÂ° 1. All tap fees, impacts fees, and building permit fees shall be paid. 2. The location and design of standpipes, fire sprinklers, and alarms shall be acceptable to the Fire Marshall. Section 15: Noise During Construction During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. Section 16: Condominiumization Condominiumization of the Project to define separate ownership interests of the Proj ect is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. Section 17: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 9 2006 10: 231 5271 JANICE K FOS CAUC:LL F.TKIN Â·23 k-Y C) R 51.00 40 0.00 .. documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 18: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 19: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 20: That the City Clerk is directed, upon the adoption of this Resolution, to record a copy in the office ofthe Pitl<in County Clerk and Recorder. APPROVED by the Commission at its regular meeting on>1 1 3 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: 0~1 -UL ue/0 /PU,ZÂ« rot/4 David Hoefer, Asst. City AMomey Jasmine Tygre, Chair ATTEST: U~ 2~Â£0 4 ftku,t; ~*ckie Lothian,/beputy City Clerk \tJ C:\home\Current Planning\CASES\Boomerang Lodge\Reso.doc //1/11///-/// -1//1/1//1/# //--1//1 527141 Page: 10 of 10 08/04/2006 10:231 JANICE K VOS CAUDILL FITK.N COLNTY CO R 51.00 D 0.00 Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 10 . EXHIBIT Ordinance No. 26 (SERIES OF 2006) AN ORDINANCE OF TIIE CITY OF ASPEN CITY COUNCIL GRANTING APPROVAL OF THE SUBDIVISION, PLANNED UNIT DEVELOPMENT, VESTED RIGHTS, CONDOMINIUMIZATION, AND REZONING FOR A PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT OF THE BOOMERANG LODGE, 500 WEST HOPKINS AVENUE, CITY OF ASPEN, COLORADO. Parcel ID:2735.124.49.002 WHEREAS, the Community Development Department received an application from Aspen FSP-ABR, LLC, (Applicant), do Steve Stunda; 11921 Freedom Drive #950; Reston, VA 20190; represented by Sunny Vann of Vann Associates, requesting approval of six (6) free-market residential growth management allotments, two (2) affordable housing growth management allotments, twenty (20) lodge growth management allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay, Planned Unit Development approval, Condominiumization approval, and vested rights for the redevelopment of the Boomerang Lodge located at 500 West Hopkins Avenue and known legally as Lots K through S of Block 31, City and Townsite of Aspen, Pitkin County, Colorado; and, WHEREAS, the site currently contains 34 hotel units ill a structure of approximately 23,000 square feet of Floor Area and surface parking located primarily within the public rights-of-way. The revised development includes 47 hotel units, 5 free- market residential units, 2 affordable housing units, a 31-space underground parking facility contained within a building of approximately 44,915 square feet of floor area as defined by the City of Aspen, and a surface parking area of 12 spaces; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the application according to the standards of review for each of the requested land use approvals and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.470.040 of the Land Use Code, Growth Management Review approvals may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies and such Growth Management approvals were granted by the Commission on June 13,2006; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision Review approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission Community, Development Director, and relevant referral agencies; and, City Council Ordinance No. 26, Series of 2006 -1- .. WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during a regular meeting on April 11, 2006, continued to May 2, 2006, continued to May 16, 2006, and continued to June 13, 2006, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where the recommendations of the Community Development Director and comments from the public were heard and approved the request for six (6) free-market residential growth management allotments, two (2) affordable housing growth management allotments, eighteen (18) lodge growth management allotments, and recommended City Council Subdivision, Rezoning for a Planned Unit Development Overlay, and Planned Unit Development approval by a four to two (4-2) vote, with the findings contained in Exhibit A of the August 28,2006, staff memorandum and the conditions of approval listed hereinafter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Growth Management Allotments The Planning and Zoning Commission, pursuant to Chapter 26.470 - Growth Management - approved the Boomerang Lodge Redevelopment project six (6) free- market residential allotments and two (2) affordable housing allotments, and eighteen (18) lodge growth management allotments, subject to the requirements listed hereinafter. Section 2: Approval for Subdivision, Rezoning for PUD Overlay, and PUD Final Development Plan Pursuant to Chapter 26.480,26.310, and 26.445 - Subdivision, Rezoning, and Planned Unit Development, respectively - the City Council grants Subdivision approval, rezoning for a Planned Unit Development Overlay, and Planned Unit Development Final Development Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter. Section 3: Proiect Dimensions The following approved dimensions of the project shall be reflected in the Final PUD Plans: Dimension R-6 District Existing Development Requirement Development Set in this PUD Minimum Lot Size 6,000 s.f. 27,000 s.f. 27,000 s.f. Minimum Lot 60 ft 270 ft. 270 ft. Width Minimum Front 5 ft. 10-70 ft. (varies) 5 ft. Yard Setback (Hopkins) Minimum Side 5 ft. 6 ft. on west 5 ft. on west Yard Setback 1-5 ft. on east 4 ft. 3 in. on east (existing building) City Council Ordinance No. 26, Series of 2006 -2- .. Minimum Rear 5 ft. 0-2 ft. 5 ft. on north Yard Setback (second noor balcony overhang 4' 5") Maximum Height 25 ft. pitched roofs 30 ft. on alley 36' 6" feet (set in PUD for maximum, roof 20-25 ft on east Lodging) heights vary and are set in this PUD plan Parking Set in PUD 31 surface (all but 1 31 underground and partially in r.o.w) 12 @ surface (partially in r.o.w.) Floor Area Ratio/Size: Total Set in PUD .85 = 23,000 s.f. 1.66:1 = 44,915 s.f. Lodging Set in PUD .85 = 23,000 s.f. .87:1 = 23,547 s.f. Ave. Lodge Size Set in PUD-500 sq. 340 s.f. 501 s.f. ft.desirable Free-Market 25% of total project N/A .39:1 = 10,733 = Residential Floor Area 24% of total project Affordable No FAR limit N/A .05:1 = 1,384s.f. Residential Section 4: Trash/Recycling Area The applicant shall ensure that the trash storage area has adequate wildlife protection and to make sure recycling containers are present wherever trash compactors or dumpsters are located due to the City' s new recycling ordinance requiring haulers to provide recycling in the cost oftrash pick-up. Section 5: Affordable Housing The applicant shall provide two Category 2 affordable housing units as depicted in the application dated December 30,2005. These units shall be considered full mitigation for the development proposed in said application. A Certificate of Occupallcy for the Boomerang Lodge Redevelopment project shall not be issued until such time as Certificates of Occupancy for the deed restricted affordable housing units, which are required for mitigation, have been issued. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the APCHA Guidelines, as may be amended from time to time. The applicant shall structure and record a deed restriction for the affordable housing units such that an undivided 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. City Council Ordinance No. 26, Series of 2006 -3- .. The affordable housing units shall be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance over a period of more than one year. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. At such time if the units become ownership units, these units will establish an independent homeowners association. * Section 6: Additional Trip Generation and PM10 Mitigation Plan In order to reduce the impacts of additional trip generation and PM10 generated by the project, the project shall provide either: 1) a shuttle service for use by the owners/guests of the residences/hotel, 2) an electric vehicle for use by owners/gusts of the project, 3) secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall join the Transportation Options Program. The Subdivision Agreement shall specify which of these options shall be implemented. A fleet of five (5) bicycles shall be provided for use by the lodging guests. The project shall be subject to any transportation related impact fees adopted prior to application for a building permit and any of the above options shall be credited towards any fee requirement. Section 7: Subdivision Plat and PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and Final PUD Plans. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and, in addition to the standard requirements, shall include: 1. The final property boundaries and disposition of lands. 2. The location of Revocable Encroachments for physical improvements within public rights-of-way, including parking to be designated to the Lodge, with reference to agreements and licenses for such improvements. 3. The location of utility pedestals with access easements for the utility provider. Transfonners and pedestals shall be located outside of the public right-of-way unless licensed. 4. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised building, street, and parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate o f Occupancy. In addition to the standard requirement of Section 26.445.070.B, the Final PUD Plans shall include: 1. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department. City Council Ordinance No. 26, Series of 2006 -4- .. 3. A general sidewalk and curb improvements plan depicting a detached sidewalk with planting buffer along both West Hopkins Avenue and North 5th Street. The sidewalk shall be five feet in width and be located adjacent to the property boundaries, or as close as possible given existing vegetation as determined by the City Engineer and the Community Development Director. The surface parking along West Hopkins Avenue shall be eliminated. 4. An architectural character plan demonstrating the general architectural character and depicting materials, fenestration, and projections. 5. Scaled floor plans of each level of the building depicting unit divisions. Section 8: Subdivision and PUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision and PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.480.070 and 26.445.070.C, the provisions & conditions of this ordinance, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of-way with reference to their locations depicted on the Subdivision Plat. 2. In order to secure the performance of the construction and installation of improvements in the public rights-of-way, the landscape plan, and public facilities performance security shall include and secure the estimated costs of proposed right-of-way improvements. 3. A revocable license agreement to use portions of the Fourth Street right-of-way for dedicated parking. 4. A license agreement to use any public rights-of-way, or portions thereof, adjacent to the proj ect site for construction staging including a fee to use the land at a rate of $1.25 per square foot per month for the time period in which the land is to be occupied for construction staging. Section 9: Impact Fees Park Impact Fees of $23,727 shall be assessed. Amendments to the Project or to the fee schedule adopted prior to issuance of a building pennit shall require a new calculation. The following fee total is based on the current proposal and fee schedule and is subject to final calculation at the time ofPUD Agreement acceptance: Park Fees - Fees for Proposed Development: 47 Lodge Units (studio units) @ $1,520 per unit =$71,440 3 two-bedroom residential units @ $2,120 per unit = $6,360 2 three-bedroom residential units @ $2,725 per unit = $5,450 Total = $83,250 Park Fees - Credit for Existing Development: 34 Lodge Units 29-studio units @ $1,520 per unit =$44,080 3 two-bedroom units @ $2725 per unit =$8,175 City Council Ordinance No. 26, Series of 2006 -5- .. 2 three-bedroom units @ $3,634 per unit =$7,268 Total Credit = ($59,523) Total Park Impact Fee Due = $23,727 School Land Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The applicant shall provide and the City of Aspen shall verify the unimproved land value of the lands underlying the Project and determine the applicable dedication fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. Amendments to the Project or to the fee schedule adopted prior to issuance o f a building permit shall require a new calculation. Other Impacts Fees. The project shall be subject to amendments and additions to the Impact Fee Chapter of the Land Use Code adopted prior to the application for a building permit. Section 10: Water Department The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Soil nails will not be allowed in the City ROW. Section 11: Sanitation District Standards/Requirements The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations, including the following: 1. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at the time of construction. 2. Applicant's engineer will be required to give the district an estimate of anticipated daily average and peak flows from the project. 3. A wastewater flow study may be required for this project to be funded by the applicant. 4. All clear water connections are prohibited (roof, foundation, perimeter, patio drains), including entrances to underground parking garages. 5. On-site drainage and landscaping plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. 6. On-site sanitary sewer utility plans require approval by ACSD. 7. Oil and Sand separators are required for public vehicle parking garaggs and vehicle maintenance facilities. 8. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. 9. Plans for mterceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. City Council Ordinance No. 26, Series of 2006 -6- .. 10. When new service lines are required for existing development the old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 11. Below grade development may require installation of a pumping system. 12. Generally one tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. 13. Permanent improvements are prohibited in areas covered by sewer easements or right ofways to the lot line of each development. 14. All ACSD total connection fees must be paid prior to the issuance of a building permit. 15. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Section 12: Pre-Construction Meeting Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and PUD/SIA agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting permits, changes, etc., and review the Building Department checklist. Section 13: Construction Management Plan Prior to application for any Building Permit, Foundation Permit, Access Infrastructure permit, Demolition pennit, etc., the applicant and the City shall agree upon a Construction Management Plan for the project. For the City, the plan shall be reviewed by the Community Development Engineer. The Plan shall include: 1. A construction management and parking plan meeting the specifications of the City Building Department. 2. An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastructure and provisions for noticing emergency service providers, neighbors, the City Streets Department, the Transportation Department, City Parking Department, and the City Engineering Department. Street closures concurrent with significant public events shall be avoided to the greatest extent possible. 3. A notice to be sent to neighboring property owners describing the general schedule of the project and the contact information of the general contractor. The City City Council Ordinance No. 26. Series of 2006 -7- .. encourages open communication between project representatives and the neighbors such that day-to-day issues can be resolved without involving the City. 4. A Fugitive Dust Control Plan which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. For projects greater than one acre in size a fugitive dust control plan must be submitted to the Colorado Department of Public Health and Environment (CDPHE), Air Quality Control Division. 5. Recycling facilities, in addition to trash facilities, for the period of construction. Section 14: Building Permit Requirements The building permit application shall include/depict 1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Resolution and Ordinance have been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A right-of-way improvement plan depicting physical improvements to the right-of-way including design specifications and profiles. All improvements shall comply with the City's requirements for accessibility. 6. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan for approval by the City Parks Department. 7. A utility plan meeting the standards of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New buildings may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. 10. An asbestos inspection report. Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile, etc., the CDPHE Air Quality Control Division must be notified and a person licensed by the state of Colorado to do asbestos inspections must do an inspection. The Building Department cannot sign any building permits until they get this report. If there is no City Council Ordinance No. 26, Series of 2006 -8- .. asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. A tree removal permit, as applicable. 12. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as- needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. 13. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets. The City will not approve of soil nails into public right-of- way or utility easements. 14. A construction site management and parking plan meeting the specifications of the City Building Department. 15. Design specifications and profiles for public right-of-way improvements. The sidewalk shall incorporate accessible ramps according to the current standards and meet with the approval o f the City Engineer. 16. A utility plan meeting the standards of the City Engineer and City utility agencies. 17. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 18. An exterior lighting plan meeting the requirements of Section 26.575.150. Prior to issuance of a building permit: 1. All tap fees, impacts fees, and building pennit fees shall be paid. 2. The location and design of standpipes, fire sprinklers, and alarms shall be acceptable to the Fire Marshall. Section 15: Noise During Construction During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. City Council Ordinance No. 26, Series of 2006 -9- .. Section 16: Condominiumization Condominiumization of the Project to define separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. Section 17: Historic Landmark Designation of the "East Wing" Prior to filing of the final plat the owner shall initiate the designation of the "East Wing" of the Boomerang Lodge for listing on the Aspen Inventory of Historic Sites and Structures. The area to be designated shall be finalized in conjunction with the Historic Preservation Commission but shall include that area of the structural east wing along the alley, Fourth Street and Hopkins Avenue, also including the outdoor pool and spa area. The designation shall not subject the remainder of the building to HPC review. Section 18: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 19: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 20: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 21: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy in the office of the Pitkin County Clerk and Recorder. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of June, 2006. -1-7-1 Heien I<alin KlanderudOMal~ ATTEST: City Council Ordinance No. 26, Series of 2006 -10- .. 61Â» FINAiLLY, adopted, passed apd approved this 28th day 0~501[sj#_2006. I t/ Kathryn S. ~*ft, (7ity Clerk Prelen Kalin k[mleerud, AlÂ«*or APPROVED AS TO FORM: c //Ij! Fifth City*RomE City Council Ordinance No. 26, Series of 2006 -11- . EXHIBIT S ORDINANCE NO. 21 (SERIES OF 2007) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING HISTORIC DESIGNATION FOR A PORTION OF THE BOOMERANG LODGE PROPERTY LOCATED AT 500 W. HOPKINS AVENUE, LOTS K-S, BLOCK 31, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID #:2735-124-49-002 WHEREAS, the applicant, Aspen FSP-ABR. LLC, owner, represented by Michael I Io ffman, Sunny Vann, and Reno- Smith LLC, has initiated Historic Designation review for a portion of the property located at 500 W. Hopkins Avenue, Lots K-S. Block 31, City and Townsite o f Aspen, Colorado; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council. after a recommendation from HPC. determines sufficient evidence exists that the property meets the criteria; and WHEREAS, Amy Guthrie, in her HPC staff report dated April 25.2007, performed an analysis of the application based on the standards, found that the review standards had Â·vyÂ¥8~ been met. and recommended approval: and WHEREAS, at their regular meeting on April 25, 2007, the I listoric Preservation Commission considered the application. found the application was consistent with the review standards and recommended approval of the application by a vote of 4 to 0: and WHEREAS, t-he City Council finds that the application meets or exceeds all applicable standards and that the addition of a portion of the Boomerang Lodge as a historic landmark to the Aspen Inventory of Historic Landmark Sites and Structures is consistent with the goals and elements of the Aspen Area Community Plan: and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health. safety. and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 The City Council finds that the application is complete and sufficient to afford review and evaluation for approval; and B. Section 2 The City Council does hereby approve designation of a portion of the property located at 500 W. Hopkins Avenue, Lots K-S, Block 31. City and Townsite of Aspen. Colorado, as defined in Exhibit A, to the Aspen Inventory of Historic Landmark Sites and Structures. Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordi nances. Section 4: If any section. subsection, sentence. clause, phrase. or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance will be held on the 11 th day of June, 2007. in the City Council Chambers, Aspen City Hall. Aspen, Colorado. Section 6: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provi<teel ta,law, by the Citv Council ofthe City ofAspen on the 14th day ofMay, 2007 ; i'NUL,%94 7/ A ITlen kal*k]*derud, Mayor , ' Attest: 404424Â«t ..2 jÂ¢Â»2__ Kathryn S. Kgjj;, City Clerk ~ 3 FINALLY, adopted. passed and approved this 11 th day of Ju e. 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Cho a 4.1151 4=ME{311113fttlfFÂ«;lim.,rf-tiki.~=29*3Â«430*~963212+g**41:429*inal 11 1 4: L 01 e 91 lit r.1.~I,IN~ Ii'5-,-Lkil-t~*itÂ·%~t~Mitiki:t *i:F}--18 t>PNÂ£Â»dtif-*fa a IL K. h 4 0 i:* 4Â·1'ti<*0 45.~.8-,7b.-8 --Iiii~: ~.Sti:itt~b-Â·jit: fi:t:,~~1;:j, . ~' 1.~ j~~Â·tfi~9. k ,AÂ·:4 -Â·I z 4, 4-11: -:'5'8<,r #At~ -:-,b,4 -Zik!13 - 144-,14: i 23*ul.A-43*=lf- 1'%10ta443;*434~MUL-1-*1-55%.' 1 -1 25 2 . 1:41* **Milit- 419-261:~~~;E.:',443.:f 4'r.'111*4.,?3i:i.41}i> .f-,~i~~ifflf~ Â·41 W Ill Q 1/* i;kii:44:44K :~i,-hif.*Â· 'e@FWADV*#44.-3, 3~9"v.:flÂ· . n 4 -3 111 -4-* ,-9='82~liht =4224 .-&--6*E :-11432Â»fE -1-il-1..jtitit#Ht. 1*2-MiL >25* 1~1Â«71~ h /1.id) z 4-~-~~~ -~-f AR' -, '"' 1-,4,% m" '44~1.4*..3 Â·Â·-jili?}111}i:-,d~~Â·4Â·litit ri .12 H :\7 bm./ t<~alrt.Â¢15[10.14 i 1 :49 rdi\1'1 Fa#,#*+&d**#.,#k:rt~Â·~1 -U] . izinim:'.a. r;~?3274; 1.w :tti:~%2Â·iÂ·# Z . 1 OK-4 1 . 1 ~ ~ 71 Â« 9 q i :& 4 la: 12 0 . r--7 EXHIBIT li /0 1 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Fountain Square Properties, 11921 Freedom Drive, Sutie 950, Reston, VA 20190 Property Owner's Name, Mailing Address and telephone number 500 West Hopkins Avenue, legally known as Lots K-S of Block 31, City and Townsite of Aspen, Pitkin County, Colorado Legal Description and Street Address of Subject Property The Applicant received approval of a Planned Unit Development and Subdivision along with various other land use approvals to allow for the redevelopment of the Boomerang Lodge consisting of 47 condominiumized lodge units, 5 free market residential units and 2 affordable housing units, appurtenant infrastructure, landscaping and parking. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen, City Council. Ordinance No. 26 Series of 2006 approving the PUD/Subdivision and related land use approvals associated with and necessary for the development plan. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 20,2006 Effective Date of Development Order (Same as date of publication of notice of approval.) October 20,2009 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) .. Issued this 13th day of October, 2006, by the City of Aspen Community Development Director. do le UQArruÂ« Ib,ptbiÂ«w-~1- -68 Chris BerMon, CommuIWy Developmtnt Directop/ .. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan for the Boomerang Lodge, creating a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 500 West Hopkins Avenue, legally known as Lots K-S of Block 31, City and Townsite of Aspen, Pitkin County, Colorado, by Ordinance No. 26, Series of 2006 of the City Council of the City of Aspen, approved on August 28, 2006. The Applicant received approval of a Planned Unit Development and Subdivision along with various other land use approvals to allow for the redevelopment of the Boomerang Lodge consisting of 47 condominiumized lodge units, 5 free market residential units and 2 affordable housing units, appurtenant infrastructure, landscaping and parking. For further information contact Joyce A. Allgaier, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2754. s/ City of Aspen Publish in The Aspen Times on October 20,2006 e . EXHIBIT VANN ASSOCIATES, LLC Planning Consultants February 13, 2007 HAND DELIVERED Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Boomerang Lodge Subdivision/PUD Recordation Deadline Dear Chris: Please consider this letter a formal request to extend the recordation deadline for the final plat, final PUD development plan, and associated documents for the Boomerang Lodge Subdivision/PUD. The request is submitted pursuant to Sections 26.480.070. E. and 26.445.070.A. of the Land Use Regulations by Aspen FSP-ABR, LLC, the project Applicant. The above regulations permit the Community Development director to extend the deadline if the request is submitted within the approval's vested rights period and there is a community interest for granting the extension. The subdivision/PUD documents for the project are required to be recorded within 180 days of the receipt of final City Council approval. Final PUD approval, and all associated review approvals, was granted by the Council on August 28,2006, pursuant to Ordinance 26, Series of 2006. Consequently, the subdivision/PUD documents must be recorded no later than February 24, 2007. All of the required recordation documents were submitted to the City for review and comment on February 13, 2007. While we hope that the Community Development and Engineering Departments will be able to complete their review in a timely manner, revisions may be required to address any issues which may arise. It should also be noted that the various documents require signature by numerous individuals due to the complexity of the project, and that the documents must be circulated both locally and out of state prior to recordation. As the project's vested rights status remains in full force and effect, and the redevel- opment of the Boomerang Lodge is clearly in the community's best interest, I would appreciate it if you would extend the recordation deadline as provided for in the 230 East Hopkins Ave. ' Aspen, Colorado 81611 ' 970/925-6958 ' Fax 970/920-9310 4 e . V Mr. Chris Bendon February 13, 2007 Page 2 Regulations. While we are amenable to any reasonable extension period, a thirty (30) day extension of the original February 24 deadline would appear sufficient to accom- modate the City's review process and any changes to the documents which may result therefrom. The extended recordation deadline, therefore, would be March 26, 2007. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN~ASSOCIATES, LLC 13<U64 + 44 6,3Ig- 01Â« fk 5,104 011145 to*k) tfur# Vann, AICP APPROVED SV:CWV ec: Steven R. Stunda FEB 1 3 2007 E. Michael Hoffman, Esq. COMMUNITY DEVELOPMENT DIRECTOR CITY OF ASPEN c:\olde\bus\city.ltr\ltr48905.cbl .. MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Errin Evans, Current Planner~ nE 111RU: Chris Bendon, Community Development Directort G /AA DATE OF MEMO: August 3,2009 MEETING DATE: August 10,2009 RE: Boomerang Lodge - 500 West Hopkins Avenue - Vested Rights Extension Public Hearing of Resolution No. fie Series of 2009 SUMMARY: PROPOSED LAND USE: The Applicant requests of the Council to The Applicant originally received approval for a approve the extension of vested rights of total of 47 hotel units. two affordable housing units, an approval for live years. The current six free market units and a combination of surface th approval is vested through October 20 , and sub grade parking in a structure that is 2009. A five year extension would vest approximately 44,915 square feet of floor area. The the approval through October 20% 2014. applicant requests that Council approve an The project consists of constructing a total extension of vested rights. of 47 hotel units, two affordable housing units and six iree market units, surface and STAFF RECOMMENDATION: sub grade parking. Staff recommends that the Mayor and City Council approve the request to extend vested rights for the APPLICANT /OWNER: Boomerang Lodge Subdivision Planned Unit Aspen FSP - ABR, LLC Development for three years, until October 20111. REPRESENTATIVE: 2012. $; 9 '. ..r: 7/ / ' - - Sunny Vann, Vann and Associates, LLC 3 *'-* Â·. LOCATION: -- .. i.. ..f /\ 500 W Hopkins Avenue; I,egal Description - Boomerang Lodge 49*5 y -v* .. 444Â¥............... . Subdivision Planned Unit Development, Parcel Identification Numbers - 2735- 124-49-002 *r.....0 :?2 Â·~ ~ . CURRENT ZONING & USE W HOPKNS 4* Located in the Medium Density ,#Â»-- Residential (R-6) zone district that ' 0 / 12 -h--t i lilli .4 -. contained the original Boomerang Lodge. 1.64 ' A portion of the original lodge received a Subject property. historic designation and still remains. Revised 8/3/2009 Page 1 of 5 .. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the City Council: â€¢ Extension or Reinstatement of Vested Rights The City Council may by resolution at a public hearing noticed by publication, mailing and posting (see section 26.304.060(E)(3)(a)(b)(c) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this section. City Council is the final review authoritY who may approve or deny the proposal. PROJECT SUMMARY: 1 he applicant has requested an extension of their vested rights for five years for the project approved by Ordinance No. 26. Series of 2006. which allows for the partial demolition of the Boomerang Lodge except for the historic preservation resource and constructing an additional eighteen hotel units for a total of 47 hotel units. two affordable housing units, six free market units and a combination of surface and sub grade parking (Sce Figure 1 for Vicinity Map and see Figure 2 Yor rendition ofthe project). --r, " tÂ·:9* Â·Ii#,#flf' -**it#* 87,~Â·; * ip 0,~.4 / 1 A 40..1. 111....._ --<3..1/1 / ./ .*29.1- '~Â¥: 7./Ir.95/ --996-L 1 1 fuâ€¢â€¢aiIL - iI -/. Y Clizi'.1.lry, - 1 al,Â·42?744 HTE-k. f. 1 ..:~ 41''g ., .ehn Le./. . Â¥ e :' 8,7 11./. 8r-Â·A f . WHOPKNS*AVE 4 &1 .0 -. -1 4 1.,1,Er:/11#li 611 / ri . â‚¬ I . 9>.<>r;, ejf... 041>:Â· 24*1 + ;19 Â¥ elf'.Air..1,1 1501.-AJ U N U.-42-E 0 25 50 100 150 200 Subject Parcel 1~ Feet S Figure 1. Vicinity Map Revised 8/3/2009 Page 2 of 5 .. i +1_ k I _ 2 _ : r. -- ' 1 -fu T 1 6.-1 -1 --5--4 - 1, 11 a 1 + 2: f .- 1 1 4,4 +40 -1 4-1 -4 1 , - l 1 .*L + THE BOOMERANG LODGE ASPEN, COLORADO Figure 2. Rendition of Proposed Project The applicant has already removed the relevant portion of the old structure and starting preparing the site for the new construction. The plats and the subdivision/PUD agreement have been recorded as required. The applicant has also submitted plans for building permit review. Because of current economic conditions, the applicant states that they are unable to obtain financing at this time and receiving an extension of vested rights is essential to their ability to proceed. 'fhe ordinance approved by Council, vested the approval until October 20% 2009. The applicant requests that the Council extend the approval for an additional five years. This would vest the approval through October 201 2014. STAFF COMMENTS: Vested Rights Extension: The applicant is requesting an extension of their vested rights until October 20% 2014 pursuant to Section 26.308.010 C. of the Land Use Code. The applicant is requesting the extension of the vested rights because they have been unable to secure financial commitments for the final stages of construction. Though the applicant is asking for an extension of five years. the Community Development Department feels that three years would be adequate. The stafi would like to note that the applicant is permitted to again come for review before Council for another extension if three years is not adequate to complete the project. Staff believes that the project is worthy of an extension of vested rights. The project assists in meeting the goals of the Aspen Area Community Plan by providing protection for a historic resource and providing more lodging units. Staff would like to ensure that the historic resource Revised 8/3/2009 Page 3 of 5 .. does not deteriorate and recommends that monitoring the remaining portion of the Boomerang Lodge becomes a condition of approval for an extension of vested rights. The dimensional requirements including floor area ratios and height were negotiated during the Planned Unit Development process so you will note that they differ from the underlying zone district requirements. This property was unique because it consisted of an existing lodge located in the residential district. The negotiated dimensional requirements for the PUD resulted in the following differences; the minimum side setback on the east side is 4'3" from 5 feet. the maximum height is 36'6" from 25 feet and the floor area was altered from one single family dwelling to a lodge for a combined ratio of 1.66: 1 or 44,915 square feet of floor area. rhe mitigation requirements for growth management have changed since 2006, when this project was approved. During the original approval, the applicant's mitigation obligations were to create 2 affordable housing units for the creation of the free market units. At that time they were not required to mitigate for the hotel units, If approved today, the applicant would be required to provide mitigation for 0.3 employees per hotel unit or in this case: 0.3 multiplied by 18 new units for a generation rate of 5.4 employees in addition to the mitigation required for the free market units. Under the current Code, the lodge would still able to negotiate the dimensional requirements under a Planned Unit Development Review. Also note that the impact fees have already been established at 2007 rates for this project because the building permit has already been submitted. RECOMMENDATION: While reviewing the proposal, staff believes that the application provides a project that will contribute to the lodge inventory and the remaining portion of the Boomerang Lodge is a valuable asset the historic resources of the City. Community Development Department staff recommends that the City Council approve the request to extend the vested rights for an additional three years with the following conditions: 1. That the establishment herein of a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to the land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption is granted in writing. 2. That the Historic Preservation staff be allowed on site to view the current condition of the designated historic resource and be permitted to conduct follow up visits to ensure that the resource is not becoming damaged. The applicant is responsible to maintain the condition of the historic resource. CITY MANAGER'S COMMENTS: Revised 8/3/2009 Page 4 0 f 5 .. RECOMMENDED MOTION: 'I move to adopt Resolution No. 59, Series of 2009. ATTACHMENTS: Exhibit A - Staff Findings Exhibit B - Public Comments Exhibit C - Application Revised 8/3/2009 Page 5 of 5 .. EXHIBIT A 26.440.050 Review Standards for development in a Specially Planned Area In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any condition requiring performance prior to the date of application for extension or reinstatement; To date, the applicant has completed the conditions of approval required #,r Ordinance 26, Series of 2006. The applicant has entered into a subdivision improvement agreement with the City and recorded the document and recorded the plats for the Planned Unit Development. The applicant has also submitled building permits and demolished portions of the building necessary to proceed with construction. Staff finds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; The applicant has spent approximately $2,900,000 on architectural. planning and engineering.fees and building permit submittals to date. The applicant has been working to secure .financing to keep the project moving forward. Impact fees that have already been established at 2007 rates will be collected when the applicant receives the building permit. Sta.tf~ finds this criterion to be met. c. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or dedications; The applicant finished approvals m designate the relevant portion of the project as a historic structure. Staff finds this criterion to be met. d. The needs of the City and the applicant would be served by the approval of the extension or reinstatement request. The applicant, staff Planning and Zoning Commission, and Council have spent countless hours arranging.for the approvals of this project. Staff finds this criterion to be met. Revised 8/3/2009 Page 1 of 1 0 014( S i 1- â‚¬ Errin Evans From: idinteriors@sopris.net Sent: Wednesday, July 29,2009 1:31 PM To: Errin Evans Subject: 500 West Hopkins To: Errin Evans, We received your Public Notice regarding the Boomerang Lodge. We will not be able to attend the meeting, but would like to weigh in on the request. We are of the opinion that the Boomerang's problems are not related to the recent downturn in the economy, but they were in trouble well before that occurred. If you give special treatment to one concern, it needs to be passed along to others. Our business s off as well and we see no immediate end. How can you help us as well? Please send us more information about the meeting so that we may know if we are out of line in our thinking. 617 West Main Street Unit D Aspen, CO 81611 P. (970)925-4342 F: (970)920-4753 idinteriorsaspen.com 1 . . EXHZ G 1-6 C RECEIVED VANN ASSOCIATES, LLC IliN 2 3 2009 Planning Consultants Crry OF ASPEN COMMUNITY DEVELOPMENT June 22,2009 HAND DELIVERED Ms. Errin Evans Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Boomerang Lodge Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the Boomerang Lodge Subdivision/PUD, a mixed-use condominium lodge/residential project which has been approved for development on Lots K through S, Block 31, City and Town- site of Aspen (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The project's street address is 500 West Hopkins Avenue. The application is submitted pursuant to Section 26.308.010.C. of the Aspen Land Use Regulations (the "Regulations") by Aspen FSP-ABR, LLC (hereinafter "Appli- cant"), the owner of the property (see Exhibit 2, Title Insurance Commitment). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. A land use application form, an application fee agreement, and list of property owners located within 300 feet of Lot 1 are attached as Exhibits 4,5 and 6, respectively. Background Lodge, free market residential, and affordable housing GMQS allotments were granted to the project by the P&Z on June 13, 2006 pursuant to Resolution No. 18, Series of 2006 (see Exhibit 7). Final PUD approval; subdivision and condominiumiz- ation approval; a rezoning; and vested property rights were granted to the project on August 28,2006 pursuant to City Council Ordinance No. 26, Series of 2006 (see Exhibit 8). On June 11, 2007, the City Council designated a portion of the project site as a Historic Landmark pursuant to Ordinance 21, Series of 2007 (see Exhibit 9). A Development Order for the project was issued by the Community Development Department on October 13, 2006 (see Exhibit 10). As the Development Order indicates, the project's approvals are presently vested until October 20, 2009. 230 East Hopkins Ave. ' Aspen, Colorado 81611 ' 970/925-6958 ' Fax 970/920-9310 Ms. Errin Evans June 22, 2009 Page 2 Vested Rights Extension Pursuant to Section 26.308.010.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring perfor- mance prior to the date of application for extension or reinstatement; Section 7 of Ordinance No. 26 required the Applicant to record a subdivision plat and final PUD plans memorializing the Boomerang Lodge Subdivision/PUD's development approvals within 180 days of the Ordinance's adoption. Similarly, Section 8 of the Ordinance required the recordation of a subdivision/PUD agreement within the same time period. A 30 day extension of the recordation deadline was granted by Chris Bendon on February 13, 2007 (see Exhibit 11) and the plat, PUD plans, and subdivision/PUD agreement were recorded with the Pitkin County Clerk on March 21, 2007. In addition to the above, Section 17 of Ordinance No. 26 required the Appli- cant to initiate the designation of the east wing of the former Boomerang Lodge as a Historic Landmark prior to recordation of the project's subdivision plat. An applica- tion for historic designation was submitted on February 9, 2007 prior to the plat's March 21, 2007 recordation date. As noted previously, the relevant portion of the project site was officially designated by the City Council on June 11, 2007 pursuant to Ordinance No. 21. 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The Applicant has made diligent efforts to obtain the requisite building permits for the project. These efforts included, inter alia, the preparation and recording of all necessary subdivision/PUD documentation, the development of final architectural and engineering plans and specifications, requisite environmental testing, the demolition of the non-historic portion of the former Boomerang Lodge, and the submittal of various building permit applications and related materials to the City's Building Department. Aggregate expenditures made by the Applicant in connection therewith total approxi- mately $2,900,000.00. .. Ms. Errin Evans June 22, 2009 Page 3 It is our understanding that the City has completed its review of the project's building permit application, and issuance of the permit could occur upon the Appli- cant's payment of all remaining associated fees. A 180 day extension of the of the building permit application, however, has been requested by the Applicant and granted by the Building Department. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. In addition to the historic designation of a portion of the former Boomerang Lodge, the Applicant has previously paid tree mitigation, water tap, and sanitation impact fees to the City and the Aspen Consolidated Sanitation District totaling approximately $291,079.00. Approximately $140,127.00 in additional school, park, and TDM/air quality impact fees will paid at building permit issuance. 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Progress on the redevelopment of the Boomerang property has halted due to the current nationwide economic climate and the inability of the Applicant to obtain construction financing for the project. No community benefit would result from the expiration of the project's vested rights as such rights are essential to the ability of the Applicant to continue to pursue financing and to resume development of the project. Given current economic conditions, and the uncertainty as to when project financing will become available, the Applicant respectfully requests that vested property rights for the Boomerang Lodge Subdivision/PUD be extended for a period of five years from October 20, 2009, or until October 20, 2014. As it is presently unknown when development will resume, the Applicant will agree to reclaim the disturbed portion of the site to include removal of a majority of the construction fencing and the regrading and seeding of the disturbed area. Fencing, however, must remain around the historically designated portion of the former lodge. The fencing is a condition of the Applicant's insurance carrier and is required to prevent unauthorized access to the building, to prevent vandalism, and to secure the building's outdoor pool area. .. Ms. Errin Evans June 22,2009 Page 4 Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ~OCIATES, LLC #t, :# --I- - - 2. ~Sunny~~n, AICP SV:CVV CC: Steve Stunda d:\oldc\bus\city.applapp54509.ext EXHIBIT . CITY OF ASPEN 133 PRE.APPLICATION CONFERENCE SUMMARY PLANNER: Enin Evans, 429-2745 DATE: 06.11.2009 PROJECT: 500 West Hopkins Avenue (Boomerang Lodge) - Extension of Vested Rights REPRESENTATIVE: Sunny Vann Tel: 925-6958 DESCRIPTION The Applicant would like to request an extension of vested rights for the redevelopment of the Boomerang Lodge project. The project consists of retaining a portion of the building with a historic designation and redeveloping the lodge into 47 hotel units, 5 free market units, 2 affordable housing units and underground parking facilities from 34 hotel units. The applicant would like to apply to extend the vested rights of the project to secure financial commitments. To receive an extension of vested rights, the applicant must submit an application to Council for approval by resolution at a public hearing. Land Use Code Section(s) 26.304.030 Common Development Review Procedures 26.308.010 Vested Property Rights http://www.aspenpitkin.com/depts/38/citycode.cfm Review by: - Staff for complete application - Referral agencies for technical considerations - City Council Planning Fees: $1470 Deposit for 6 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $245/hour). Total Deposit: $1470 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Signed fee agreement. 6. Pre-application conference summary. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 9. An 81/2" by 11"vicinity map locating the parcel within the City of Aspen. 10. Additional application material as required for each specific review. (See application packet and land use code) 11, Approved development plans on which vested rights are to be extended. 12. Copies of prior approvals. .. 13. 10 Copies of the complete application packet and maps. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT 0 0 11 171 Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q387506-2 Schedule A Cust. Ref.: Property Address: 500 WEST HOPKINS AVENUE ASPEN, CO 81611 1. Effective Date: Ianuary 08, 2007 at 5-00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ASPEN FSP-ABR, LLC., A DELAWARE LIMITED LIAB]LITY COMPANY 5. The land referred to in this Commitment is described as follows: LOTS K, L, M, N, O, P, Q, R, AND S BLOCK 31 CrrY AND TOWNSITE OF ASPEN COUNTY OF PITKIN STATE OF COLORADO .. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q387506-2 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMHMENT IS FOR INFORMATION ONLY. AND NO POLICY WILL BE ISSUED PURSUANT HERETO. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN. IF ANY. ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. .. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q387506-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records, 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances. adverse claims or other matlers. if any. created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer' s office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. DEED OF TRUST DATED JUNE 28,2005. FROM ASPEN FSP-ABR, LLC., A DELAWARE LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF BANK MIDWEST. NA TO SECURE THE SUM OF 00 RECORDED JUNE 29,2005, UNDER RECEPTION NO. 511778. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS RECORDED JUNE 29,2005, UNDER RECEPTION NO. 511779. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF ENTITLEMENT DOCUMENTS AND CONTRACTS RECORDED JUNE 29,2005, UNDER RECEPTION NO. 511780. 10. FINANCING STATEMENT WITH, BANK MIDWEST. NA THE SECURED PARTY, RECORDED JULY 12, 2005 UNDER RECEPTION NO. 512253. 11. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES. 12. RESERVATIONS AND RESTRICTIONS AS CONTAINED IN DEEDS RECORDED JANUARY 3, 1888 IN BOOK 55 AT PAGE 378 AND RECORDED JULY 30, 1889 IN BOOK 55 AT PAGE .. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q387506-2 The policy or policies to be issued will contain exceptions to the fullowing unless the same are disposed of to the satisfaction of the Company: 576 PROVIDING, "THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, ClNNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS, AND PROVIDED FURTHER THAT THIS DEED IS MADE AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES." 13. TERMS, CONDmONS AND PROVISIONS OF ORDINANCE NO. 2, SERIES 1997 TO REZONE SPECIFIC PROPERTIES RECORDED SEFFEMBER 03, 1997 AT RECEPTION NO, 407979. 14. TERMS, CONDmONS AND PROVISIONS OF RESOLUTION 08, SERIES 1997 GRANTING A VARIANCE RECORDED SEPTEMBER 23, 1997 AT RECEPTION NO. 408741. 15. IERME.CQNQmQNS AND PROVISIONS OF CITY OF ASPEN ORDINANCE #26, SERIES OF 2006 RECORDED TANUARY-92_ZQEALRECIIQNNO._532933. . EXHIBIT June 12, 2009 Ms. Errin Evans Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Evans: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our vested rights extension application for the Boomerang Lodge Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforemen- tioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN FSP-ABR, LLC, a Delaware limited liability company teve Stunda, Ddelopment Manager/Partner 02 North Fourth Street Aspen, CO 81611 (970) 925-7604 Aspen, Co 81612 (970) 948-0813 d:\oldc\bus\city.ltr\]tr54509.eel . . EXHIBIT 1 4 a LAND USE APPLICATION APPLICANT: Name: ,*>rekl PE>r - Ary<,uc- Location: SC]2> \28*/Re>rn,w,r. '46. (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: 6Â«2+1 LK VALIkt VA#-#-1 *DCOATEL, U-Â£1 Address: ZI30 6 . /4(ben,NA Â«06 . Phone #: AsPEL),CO 814// PROJECT: Name: 18â‚¬0#law*> 27->teS Â«>r>r~,96 'CA# 1,-61-1 Address: Vau-grD Tri 6 474. a><1'lawz=e,J Phone #: TYPE OF APPLICATION: (please check all that apply): Conditional Use U Conceptual PUD %1 Conceptual Historic Devt. Special Review E] Final PUD (& PUD Amendment) ~1 Final Historic Development Design Review Appeal D Conceptual SPA U Minor Historic Devt. GMQS Allotment Ed Final SPA (& SPA Amendment) El Historic Demolition GMQS Exemption U Subdivision , [3 Historic Designation ESA - 8040 Greenline, Stream [3 Subdivision Exemption (includes El Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split U Temporary Use [M'~ Other: \AEâ‚¬72Er--3 Lot Line Adjustment U Text/Map Amendment #*,fr& **11 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 466 Ar PLI Â«r#â‚¬44 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) 4:68 Arrotoâ‚¬-r,4~ Haw you attached the following? FEES DUE: s,/ 4-16 [*(Pre-Application Conference Summary - Attachment # 1, Signed Fee Agreement /01 E,Response to Attachment #3, Dimensional Requirements Form [*r Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards m El m El El El El El 1052 EXHIBIT 0 0 t CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ,Â¥9'MA /=top -4/5 A , 464 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an apnlication for \18=rer> rf, e,++71> GX-ha,16/ 0 #J (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) 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. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ .#'~76which is for & hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Â«-M+-l A. LifuJBA Chris Bendon Community Development Director Date: (ft*v[ ft,f~0Uta,.ue)z* * Billing Address and Telephone Number: Required 4>01 N. FeCrrnA 4:E Afjred c-6 8 4/ 1 42-â‚¬-7424- g:\support\forms\agrpayas.doc 11/30/04 Easy PeelÂ® Labels A I Bend along line to 1-â€¢â€¢1- Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up Edgeâ„¢ ~ 521-523 W HOPI' 501 W HOPKINS LLC 501 WEST MAIN LLC HOUSING PO BOX 8769 532 E HOPKINS AVE CONDO ASSOCL... ASPEN, CO 81612 ASPEN, CO 81611-1818 521 W HOPKINS AVE ASPEN, CO 81611 604 WEST LLC ALEXANDER JOAN P ALLEN DOUGLAS P 604 W MAIN ST PO BOX 4818 403 LACET LN ASPEN, CO 81611 GRAND JUNCTION, CO 81505 ASPEN, CO 81611 ALPINE BANK ALPINE BANK AMAYA JOSE ANTONIO ATTN ERIC GARDEY ATTN JEAN MOORE ARGUETA BLANCA EDITH PO BOX 10000 600 E HOPKINS AVE 605 W HOPKINS AVE #103 GLENWOOD SPRINGS, CO 81602 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN MESA STORE LLC ANGELOV DIMTAR S & DANIEL D ASPEN CONDO ASSOC CO ASPEN BLUE SKY HOLDINGS LLC 605 W HOPKINS AVE #209 600 E HOPKINS AVE #304 PO BOX 8238 ASPEN, CO 81611 ASPEN, CO 81611-2934 ASPEN, CO 81612 ASPEN SQUARE CONDO ASSOC INC BARTON META PACKARD BERR LLC 617 E COOPER 4475 N OCEAN BLVD APT 43A 611 W MAIN ST ASPEN, CO 81611 DELRAY BEACH, FL 33483 ASPEN, CO 81611 CARROLL MEREDITH COHEN BRIDGE WILLIAM & JOSEFINA BROOKS NORMAN A & LESLEE S CARROLL ARTHUR RICHARD 2075 SHERWOOD DR 16311 VENTURA BLVD #690 605 W HOPKINS AVE #210 CAMBRIA, CA 93428 ENCINO, CA 91436 ASPEN, CO 81611 CHRISTIANA UNIT D101 LLC CARTER RICHARD P CHAKERES JOHN B TRUST C/O FRANKLIN ST PARTNERS LLC 400 E 3RD AVE #804 3801 KENNETT PIKE C200 215 ZOE WY DENVER, CO 80202 GREENVILLE, DE 19807 MIAMI, FL 33140 CITY OF ASPEN CHUCHMAN GEORGE S CLEANER EXPRESS ATTN FINANCE DEPT PO BOX 2800-355 435 E MAIN ST 130 S GALENA ST CAREFREE, AZ 85377 ASPEN, CO 81611 ASPEN, CO 81611 CORTALE ITA CUMMINS RICHARD DESTINATION RESORT MGMT INC 205 S MILL ST #112 1280 UTE AVE #10 610 WEST END ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DUNSDON S MICHAELE EMERICK SHELLEY W ERICKSON A RONALD BORKENHAGEN DAVID A 2449 5TH ST 605 W HOPKINS AVE #211 617 W MAIN ST #D BOULDER, CO 80304 ASPEN, CO 81611 ASPEN, CO 81611-1619 Etiquettes faciles & peler Repliez & la hachure afin de www. avery.com i Sens de I Utilisez le gabarit AVERYÂ® 5160Â® , chargement r@v*ler le rebord Pop-Upâ„¢ 1-800-GO-AVERY 1 Easy PeelÂ® Labels A illl Bend along line to ~ AVERYÂ® 5160Â® 5 Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up Edgeâ„¢ ~ A FARR CHARLOTTE FINE FREDRIC N & SONDRA FRANSEN ERIN M & GREGORY H 306 MCCORMICK AVE 412 MARINER DR PO BOX 5082 CAPITOLA, CA 95010 JUPITER, FL 33477 GILLETTE, WY 82717-5082 FRIAS PROPERTIES OF ASPEN LLC GARMISCH LODGING LLC GOLDENBERG STEPHEN R & CHERYL J 730 E DURANT 8566 COLGATE AVE 430 W HOPKINS AVE ASPEN, CO 81611 LA, CA 90048 ASPEN, CO 81611 GORDON LETICIA GOLDMAN DIANNE L H & H PROPERTIES LLLP C/O JOE RACZAK GOLDEN HORN PO BOX 518 807 W MORSE BLVD STE 101 555 E DURANT AVE FAIRFIELD, CT 06824 WINTER PARK, FL 32789-3725 ASPEN, CO 81611 HAISFIELD MICHAEL DOUGLAS HAYMAN JULES ALAN HORTON DAYNA L HAISFIELD LISA YERKE 9238 POTOMAC SCHOOL DR 520 W MAIN ST #22 616 W HOPKINS POTOMAC, MD 20854 ASPEN, CO 81611 ASPEN, CO 81611 HY-MOUNTAIN TRANSPORTATION INC IGLEHART JIM IGLEHART JIM 111CAABC 610 W HALL-AM ST 617 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ILGEN EILEEN L JEWISH RESOURCE CENTER CHABAD ILGEN JACK D & ELOISE C/O DAN SODERBERG OF ASPEN 17352 HWY 82 #C 2569 LOWER RIVER RD 435 W MAIN ST CARBONDALE, CO 81623 SNOWMASS, CO 81654 ASPEN, CO 81612 JOHNSON STANFORD H JOHNSTON FAMILY TRUST KELLY KIM PO BOX 32102 2018 PHALAROPE 605 W HOPKINS AVE #202 TUCSON, AZ 85751 COSTA MESA, CA 92626 ASPEN, CO 81611 KONIG DEBORAH KELSO DOUGLAS P KOELLE ALICE HANSON KIM 627 W MAIN ST PO BOX 2871 605 W HOPKINS AVE #203 ASPEN, CO 81611-1619 ASPEN, CO 81612 ASPEN, CO 81611 LAST NICKEL LLC KURKULIS PATSY & PAUL R LAMB JENNIFER C & TIMOTHY E C/O LUCAS PECK BRANDT PC 605 W HOPKINS AVE #201 605 W HOPKINS AVE #204 132 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN, CO 81611 BASALT, CO 81621 LOT 2 BOOMERANG LOT SPLIT LESTER JAMES LITTLE AJAX CONDOMINIUM ASSOC PLANNED COM OWNERS ASSOC 229 CHRYSTIE ST #1417 605 W HOPKINS #006 533 E HOPKINS AVE 3RD FL NEW YORK, NY 10002 ASPEN, CO 81611 ASPEN, CO 81611 Etiquette faciles & peler Repliez & la hachure afin de www.avery.com ~ Sens de Utilisez le gabarit AVERYÂ® 5160Â® chargernent r*v*ler le rebord Pep-Upâ„¢ 1-800-GO-AVERY ' 1 Easy PeelÂ® Labels . Illi Bend along line to Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up Edgeâ„¢ AA ~ AVERYÂ® 5160Â® | A MADSEN MARTHA W MARSHALL ALISON J & JOSHUA W MOLLER DIANE T 608 W HOPKINS AVE APT 9 605 W HOPKINS AVE #212 4032 CRYSTAL BRIDGE DR ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623 NELSON TREVOR T & ROSE MARIE NIX ROBERT JR NORTH AND SOUTH ASPEN LLC 605 W HOPKINS #207 PO BOX 3694 200 S ASPEN ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 NORTHWAY LLC OHARROW SIOBHAN P OLIVER SPORTS BRACING LLC 106 S MILL ST #203 605 W HOPKINS AVE #208 520 W MAIN ST #20 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PERRY EMILY V RENO ASPEN PROPERTIES LLC REVA LLC PO BOX 11071 605 W MAIN ST #002 PO BOX 1376 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 RODRIGUEZ JOANN ROLAND DANIEL P & LEAH S RUFUS CAMI CAMI LLC 605 W MAIN ST #00A 605 W HOPKINS AVE #102 1280 UTE AVE #7 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SCOTT MARY HUGH SHADOW MTN CORP SCHALL FAMILY TRUST 8/31/1998 RUSSELL SCOTT 111 & CO LLC C/O FINSER CORP 18518 ST MORITZ DR 5420 S QUEBEC ST #200 7321 N.W. 75TH STREET TARZANA, CA 91356 GREENWOOD VILLAGE, CO 80111 MEDLEY, FL 33166 SHERWIN ENTERPRISES LLC SLTM LLC SMITH ANDREW C & DONNA G C/O JENNIFER SHERWIN 106 S MILL ST 3622 SPRINGBROOK ST 1714 VISTA ST ASPEN, CO 81611 DALLAS, TX 75205 DURHAM, NC 27701 STARFORD PROPERTIES NV STASPEN LLP SUBOTKY JULIE E C/O KEON WILLIAM C/O JOHN STATON 55 WEST 14TH ST #15L 7321 NW 75TH ST 1180 PEACHTREE ST NE NEW YORK, NY 10011 MEDLEY, FL 33166 ATLANTA, GA 30309-3521 TOMS CONDO LLC THROM DOUGLAS H TODD SHANE C/O BRANDT FEIGENBAUM PC 617 W MAIN ST PO BOX 2654 132 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN, CO 81612 BASALT, CO 81621 ULLR CONDO LLC ULLR HOMEOWNERS ASSOCIATION VANDERSCHUIT FAM TRUST 6450 AVENIDA CRESTA 600 E HOPKINS #304 5836 WAVERLY AVE LA JOLLA, CA 92037 ASPEN, CO 81611 LA JOLLA, CA 92037 A Etiquette faciles & peler Repliez A la hachure afin de www. avery.com i Utilisez le gabarit AVERYÂ® 5160Â® , chargement ravaler le rebord Pep-Upâ„¢ 1-800-GO-AVERY ' Sens de 1 Easy PeelÂ® Labels A illll Bend along line to ~ AVERYÂ® 5160Â® ~ Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up Edgeâ„¢ ~ 1 VIEIRA LINDA 50% INTEREST WAGNER HOLDINGS CORP LLC VERNER DANIEL A & MERYLE HALL TERESA 50% INTEREST C/O BILL POSS 2577 NW 59TH ST 0095 LIGHT HILL RD 605 E MAIN ST BOCA RATON, FL 33496 SNOWMASS, CO 81654 ASPEN, CO 81611 WASHBURN LYNN S WENDT ROBERT E 11 WERLIN LAURA B TRUST TERRELL SERENE-MARIE 350 MT HOLYOKE AVE 2279 PINE ST 605 W HOPKINS AVE #205 PACIFIC PALISADES, CA 90272 SAN FRANCISCO, CA 94115 ASPEN, CO 81611-1607 WEST ALFRED P JR & LORALEE S WHITNEY KURT A & JACQUELINE WINGSTONE TOY COMPANY LLC 58416475 METAVANTE WAY 6448 E CRABTREE PL 12 GREENBRIAR LN SIOUX FALLS, SD 57186 YUMA, AZ 85365 PAOLI, PA 19301 YLP WEST LLC YOUNG DONALD L YOUNG PAUL 111 FAMILY TRUST 7 SOUTH MAIN ST PO BOX 4444 413 W HOPKINS AVE YARDLEY, PA 19067 ASPEN, CO 81612 ASPEN, CO 81611-1603 Etiquettes faciles & peler Repliez & la hachure afin de www.avery.com Sens de Utilisez le gabarit AVERYÂ® 5160Â® , chargement rovoler le rebord Pop-Upâ„¢ 1-800-GO-AVERY 0 0 EXHIBIT Resolution No. 18 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION GRANTING GROWTH MANAGEMENT QUOTA SYSTEM APPROVAL FOR LODGING, FREE-MARKET RESIDENTIAL, AND AFFORDABLE HOUSING ALLOTMENTS, AND RECOMMENDING CITY COUNCIL APPROVE THE SUBDIVISION, PLANNED UNIT DEVELOPMENT, AND REZONING FOR A PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT OF THE BOOMERANG LODGE, 500 WEST HOPKINS AVENUE, CITY OF ASPEN, COLORADO. Parcel ID:2735.124.49.002 WIIEREAS, the Community Development Department received an application from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950; Reston , VA 20190; represented by Sunny Vann of Vann Associates, requesting approval of six (6) free-market residential growth management allotments, two (2) affordable housing growth management allotments, eighteen (18) lodge growth management R & allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay, Planned Unit Development approval, Condominiumization approval, and vested rights for the redevelopment o f the Boomerang Lodge located at 500 West Hopkins Avenue and known legally as Lots K through S of Block 31, City and Townsite of Aspen, Pitkin County, Colorado; and, WIIEREAS, the site currently contains 34 hotel units in a structure of approximately 23,000 square feet o f Floor Area and surface parking located primarily within the public rights-of-way. The proposed development includes 52 hotel units, 6 free- market residential units, 2 affordable housing units, a 31-space underground parking facility, and 17 surface parking spaces in a structure of approximately 51,000 square feet of Floor Area as defined by the City of Aspen; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Â· z CI Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments as a result o f the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the application according to the standards of review for each of the requested land use approvals and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.470.040 of the Land Use Code, Growth Management Review approvals may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision Review approval may be granted by the City Council at a duly noticed public hearing Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 1 950/2 111111-1111-1111 - -1 00'IS 8 00 *141(0 NINird 11IC- I SCj >1 3-I f .. after considering recommendations by the Planning and Zoning Commission Community, Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during a regular meeting on April 11, 2006, continued to May 2, 2006, continued to May 16, 2006, and continued to June 13, 2006, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where the recommendations of the Cornmunity Development Director and comments from the public were heard and approved the request for six (6) free-market residential growth management allotments, two (2) affordable housing growth management allotments, eighteen (18) lodge growth management allotments, and recommended City Council Subdivision, Rezoning for a Planned Unit Development Overlay, and Planned Unit Development approval by a four to two (4-2) vote, with the findings contained in Exhibit A of the May 16, 2006, staff memorandum and the conditions of approval listed hereinafter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1: Growth Manaftement Allotments The Planning and Zoning Commission, pursuant to Chapter 26.470 - Growth Management - hereby grants to the Boomerang Lodge Redevelopment project six (6) free-market residential allotments and two (2) affordable housing allotments, and eighteen (18) lodge growth management allotments, subject to the requirements listed hereinafter. Section 2: Recommendation of Approval for Subdivision, Rezoning for PUD Overlay, and PUD Final Development Plan The Planning and Zoning Commission, pursuant to Chapter 26.480, 26.310, and 26.445 - Subdivision, Rezoning, and Planned Unit Development, respectively - hereby recommends City Council grant Subdivision approval, rezoning for a Planned Unit Development Overlay, and Planned Unit Development Final Development Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter. Section 3: Project Dimensions The following approved dimensions ofthe project shall be reflected in the Final PUD Plans: Dimension Proposed Development Minimum Lot Size 27,000 s.f. Minimum Lot Width 270 ft. Minimum Front Yard Setback 0-5 ft. Minimum Side Yard Setback 0-5 ft. on west 1-5 ft. on east Minimum Rear Yard Setback 0-5 ft. Maximum Height 42 ft. for a flat roof. Approximately 30- 35 ft. on east side. **This needs to be Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 2 0I J 1â‚¬Z 01 02 0 W..2 - - 0Â°* E lili lili lilli ill 1111111 lili.lilli.Ill111 111 lilli I .. more sp.Â®jfjg Pedestrian Amenity Space 19% Floor Area: Total 1.86:1 = 50,470 s.f. Lodging .97:1 = 26,210 s.f. Non-unit space .35:1 = 9,536 s.f. Commercial N/A Free-Market Residential .475:1 = 12,845 = 25% of total project Affordable Residential .05:1 = 1,452 s.f. Section 4: Trash/Recycling Area The applicant is encouraged to make sure that the trash storage area has adequate wildlife protection and to make sure recycling containers are present wherever trash compactors or dumpsters are located due to the City' s new recycling ordinance requiring haulers to provide recycling in the cost of trash pick-up. -- 4- 0 R Section 5: Affordable Housing 4 03 The applicant shall provide two Category 2 affordable housing units as depicted in the 9- r,) E~ application dated December 30,2005. These units shall be considered full mitigation for the development proposed in said application. A Certificate of Occupancy for the Boomerang Lodge Redevelopment project shall not be issued until such time as Certificates of Occupancy for the deed restricted affordable housing units, which are required for mitigation, have been issued. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the APCHA Guidelines, as may be amended from time to time. The applicant shall structure and record a deed restriction for the affordable housing units such that an undivided 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. The affordable housing units shall be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance over a period o f more than one year. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. At such time if the units become ownership units, these units will establish an independent homeowners association. Section 6: Additional Trip Generation and PM10 MitiEation Plan Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 3 0 0*0/Â£1~0-Id 31 03 AiNAOU Ni.a.,w , ,. . .. In order to reduce the impacts of additional trip generation and PM10 generated by the project, the project shall provide either: 1) a shuttle service for use by the owners/guests of the residences/hotel, 2) an electric vehicle for use by owners/gusts of the project, 3) secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall join the Transportation Options Program. The Subdivision Agreement shall specify which of these options shall be implemented. The project shall be subject to any transportation related impact fees adopted prior to application for a building permit and any of the above options shall be credited towards any fee requirement. Section 7: Subdivision Plat and PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and Final PUD Plans. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and, in addition to the standard requirements, shall include: 1.. The final property boundaries and disposition of lands. 2. The location of Revocable Encroachments for physical improvements within public rights-of-way, including parking to be designated to the Lodge, with reference to agreements and licenses for such improvements. 3. The location of utility pedestals with access easements for the utility provider. Transformers and pedestals shall be located outside of the public right-of-way unless licensed. 4. The applicant shall provide the final approved Subdivision line data or survey s r- 4- 0 G description data describing the revised building, street, and parcel boundaries to .==- 0=G - eNc the Geographic Information Systems Department prior to applying for a building h qi Z 04 01-- permit. The final building location data, including any amendments, shall be If) 12 Z provided to the GIS Department prior to issuance of a Certificate of Occupancy. In addition to the standard requirement of Section 26.445.070.B, the Final PUD Plans shall - include: 1. An illustrative site plan with adequate snow storage areas ancFor snow melted areas depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department. 3. A sidewalk and curb improvements plan depicting a detached sidewalk with planting buffer along both West Hopkins Avenue and North 5th Street. The sidewalk shall be five feet in width and be located adjacent to the property boundaries, or as close as possible given existing vegetation as detennined by the - City Engineer and the Community Development Director. The surface parking along West Hopkins Avenue shall be eliminated. The sidewalk shall incorporate accessible ramps according to the current standards. 4. Design specifications and profiles for public right-of-way improvements. Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 4 IEZ: 01 00 1 5 e 03 ALN'IUU N..>Illa I I 1 Ul 10.1 HUA A j.) .. 5. An architectural character plan demonstrating the general architectural character and depicting materials, fenestration, and projections. 6. Scaled floor plans of each level of the building depicting unit divisions. 7. A utility plan meeting the standards of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 9. An exterior lighting plan meeting the requirements of Section 26.575.150. Section 8: Subdivision and PUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision and PUD Agreement binding this properly to this development approval. The Agreement shall include the necessary items detailed in Section 26.480.070 and 26.445.070.C, ill addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements 2 within public rights-of-way with reference to their locations depicted on the 00 S Subdivision Plat. 1-- 4- LD e 91- 086 2. In order to secure the performance of the construction and installation of - 10 8 0 h (D Z improvements in the public rights-of-way, the landscape plan, and public facilities (N 23 LD Q. e performance security shall include and secure the estimated costs of proposed right-of-way improvements. 3. A revocable license agreement to use portions of the Fourth Street right-of-way for dedicated parking. 4. A license agreement to use any public rights-of-way, or portions thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per square foot per month for the time period in which the land is to be occupied for construction staging. Section 9: Impact Fees Park Impact Fees of $41,039 shall be assessed. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. j The following fee total is based on the current proposal and fee schedule: Park Fees - Proposed Development: 52 Lodge Units (studio units) @ $1,520 per unit =$79,040 2 one-bedroom residential units @ $2,120 per unit = $4,240 3 two-bedroom residential units @ $2,725 per unit = $8,175 3 three-bedroom residential units @ $3,634 per unit = $10,902 Total = $102,357 Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 5 l: ill Ill lilli 1 1 Il 11 00' IS hi 00 A-NnOO N. >IlId 11IOntl; SOA >I -DINUP .. Park Fees - Credit for Existing Development: 34 Lodge Units 29-studio units @ $1,520 per unit =$44,080 3 two-bedroom units @ $2725 per unit =$8,175 2 three-bedroom units @ $3,634 per unit =$7,268 Total Credit = ($59,523) Total Park Impact Fee Due = $42,834 School Land Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The applicant shall provide and the City of Aspen shall verify the unimproved land value of the lands underlying the Project and determine the applicable dedication fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. Other Impacts Fees. The project shall be subject to amendments and additions to the Impact Fee Chapter of the Land Use Code adopted prior to the application for a building permit. 11 Q G -- C Section 10: Water Department r- 4- [0 6 The applicant shall comply with the City of Aspen Water System Standards, with Title 91- 0% C - LD Â¢ C 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and h 1 g (\1 0, 1 Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of ID 2 8 Aspen Water Department. Soil nails will not be allowed in the City ROW. Section 11: Sanitation District Standards/Requirements The applicant shall comply with the Aspen Consolidated Sanitation District' s rules and regulations, including the following: - 1. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at the time o f construction. 2. Applicant's engineer will be required to give the district an estimate of anticipated daily average and peak flows from the project. 3. A wastewater flow study may be required for this project to be funded by the applicant. 4. All clear water connections are prohibited (roof, foundation, perimeter, patio drains), including entrances to underground parking garages. 5. On-site drainage and landscaping plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. 6. On-site sanitary sewer utility plans require approval by ACSD. 7. Oil and Sand separators are required for public vehicle parking garages and vehicle maintenance facilities. Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 6 .w '= 9 . A- 41!UJ 14. Alla I NUIR.J bUA .4 21.I. \IOL .. 8. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. 9. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. 10. When new service lines are required for existing development the old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 11. Below grade development may require installation of a pumping system. 12. Generally one tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. 13. Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line of each development. 14. All ACSD total connection fees must be paid prior to the issuance of a building permit. 15. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional s ,- 4- OR proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Section 12: Pre-Construction Meeting Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and PUD/SIA agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting permits, changes, etc., and review the Building Department checklist. Section 13: Construction Management Plan Prior to application for any Building Pernit, Foundation Permit, Access Infrastructure permit, Demolition permit, etc., the applicant and the City shall agree upon a Construction Management Plan for the project. For the City, the plan shall be reviewed by the Community Development Engineer. The Plan shall include: 1. A construction management and parking plan meeting the specifications of the City Building Department. 2. An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastructure and provisions for noticing emergency service providers, neighbors, the City Streets Department, the Transportation Department, City Parking Department, and the City Engineering Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 7 0I ICZ 01 fE00 ilj lili iliA~illi11fljllf ATIniTillillljililjj .. Department. Street closures concurrent with significant public events shall be avoided to the greatest extent possible. 3. A notice to be sent to neighboring property owners describing the general schedule of the project and the contact information of the general contractor. The City encourages open communication between project representatives and the neighbors such that day-to-day issues can be resolved without involving the City. 4. A Fugitive Dust Control Plan which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adj acent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. For projects greater than one acre in size a fugitive dust control plan must be submitted to the Colorado Department of Public Health and Environment (CDPHE), Air Quality Control Division. - 5. Recycling facilities, in addition to trash facilities, for the period of construction. r9 N t g Z Section 14: Buildine Permit Requirements '02= The building permit application shall include/depict: 1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use 10 co nes approval. 2. A letter from the primary contractor stating that the approving Resolution and Ordinance have been read and understood. 0 U Â» 3. The conditions of approval shall be printed on the cover page of the building permit L- 2 4 set. - 2 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. LL 5. A right-of-way improvement plan depicting physical improvements to the right-of-way 3 including design specifications and profiles. All improvements shall comply with the n D City's requirements for accessibility. 6. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan for approval by the City Parks Department. 7. A utility plan meeting the standards of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in . designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 9. A fireplace/woodstove pennit. In the City of Aspen, buildings may have only two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New buildings may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 8 ~ 527141 JANICE K \,22 .. 10. An asbestos inspection report. Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile, etc., the CDPHE Air Quality Control Division must be notified and a person licensed by the state of Colorado to do asbestos inspections must do an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. A tree removal pernit, as applicable. 12. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as- needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. 13. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets. The City will not approve of soil nails into public right-of- way or utility easements. 14. A construction site management and parking plan meeting the specifications of the 00 City Building Department. 4- O 0 01) .. Prior to issuance of a building permit: W 01 2 1. All tap fees, impacts fees, and building permit fees shall be paid. 2. The location and design of standpipes, fire sprinklers, and alarms shall be acceptable to the Fire Marshall. Section 15: Noise During Construction During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. Section 16: Condominiumization - Condominiumization of the Project to define separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. Section 17: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 9 5271 08/04/20 :231 JANICE K US CE'JCILL P.TKIN COLFTY CO R 51,00 0 0.00 .. documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 18: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 19: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereoÂ£ Section 20: That the City Clerk is directed, upon the adoption of this Resolution, to record a copy in the office of the Pitkin County Clerk and Recorder. APPROVED by the Commission at its regular meeting 04Â« /3 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSIONS 0~1 -1-Jrk 04"dÂ»â‚¬-2~Ge David Hoefer, Asst. City A.Momey Jasmine Tygre, Chair ATTEST: ' dA 410 4 (Atu. 4 1 ~fckie Lothian,/beputy City Clerk C:\home\Current Planning\CASES\Boomerang Lodge\Reso.doc 527141 Page: 10 of 10 08/04/2006 10:231 JANICE K VOS CAUILL FITKIN -)LATY CO R 51.00 D 0.00 Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 10 0 .8 EXHIBIT Ordinance No. 26 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING APPROVAL OF THE SUBDIVISION, PLANNED UNIT DEVELOPMENT, VESTED RIGHTS, CONDOMINIUMIZATION, AND REZONING FOR A PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT OF THE BOOMERANG LODGE, 500 WEST HOPKINS AVENUE, CITY OF ASPEN, COLORADO. Parcel ID:2735.124.49.002 WHEREAS, the Community Development Department received an application from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950; Reston , VA 20190; represented by Sunny Vann of Vann Associates, requesting approval of six (6) free-market residential growth management allotments, two (2) affordable housing growth management allotments, twenty (20) lodge growth management allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay, Planned Unit Development approval, Condominiumization approval, and vested rights for the redevelopment o f the Boomerang Lodge located at 500 West Hopkins Avenue and known legally as Lots K through S of Block 31, City and Townsite of Aspen, Pitkin County, Colorado; and, WHEREAS, the site currently contains 34 hotel units in a structure of approximately 23,000 square feet of Floor Area and surface parking located primarily within the public rights-of-way. The revised development includes 47 hotel units, 5 free- market residential units, 2 affordable housing units, a 31-space underground parking facility contained within a building of approximately 44,915 square feet of floor area as defined by the City of Aspen, and a surface parking area of 12 spaces; and, WIIEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the application according to the standards of review for each of the requested land use approvals and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.470.040 of the Land Use Code, Growth Management Review approvals may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendation& by the Community Development Director, and relevant referral agencies and such Growth Management approvals were granted by the Commission on June 13,2006; and, WHEREAS, pursuant to Section 26.Â·480 of the Land Use Code, Subdivision Review approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission Community, Development Director, and relevant referral agencies; and, City Council Ordinance No. 26, Series of 2006 -1- .. WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during a regular meeting on April 11, 2006, continued to May 2, 2006, continued to May 16, 2006, and continued to June 13, 2006, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where the recommendations of the Community Development Director and comments from the public were heard and approved the request for six (6) free-market residential growth management allotments, two (2) affordable housing growth management allotments, eighteen (18) lodge growth management allotments, and recommended City Council Subdivision, Rezoning for a Planned Unit Development Overlay, and Planned Unit Development approval by a four to two (4-2) vote, with the findings contained in Exhibit A of the August 28,2006, staff memorandum and the conditions of approval listed hereinafter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Growth Management Allotments The Planning and Zoning Commission, pursuant to Chapter 26.470 - Growth Management - approved the Boomerang Lodge Redevelopment project six (6) free- market residential allotments and two (2) affordable housing allotments, and eighteen (18) lodge growth management allotments, subject to the requirements listed hereinafter. Section 2: Approval for Subdivision, Rezoning for PUD Overlay, and PUD Final Development Plan Pursuant to Chapter 26.480,26.310, and 26.445 - Subdivision, Rezoning, and Planned Unit Development, respectively - the City Council grants Subdivision approval, rezoning for a Planned Unit Development Overlay, and Planned Unit Development Final Development Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter. Section 3: Proiect Dimensions The following approved dimensions of the project shall be reflected in the Final PUD Plans: Dimension R-6 District Existing Development Requirement Development Set in this PUD Minimum Lot Size 6,000 s.f. 27,000 s.f. 27,000 s.f. Minimum Lot 60 ft 270 ft. 270 ft. Width Minimum Front 5 ft. 10-70 ft. (varies) 5 ft. Yard Setback (Hopkins) Minimum Side 5 ft. 6 ft. on west 5 ft. on west Yard Setback 1-5 ft. on east 4 ft. 3 in. on east (existing building) City Council Ordinance No. 26, Series of 2006 -2- .. Minimum Rear 5 ft. 0-2 ft. 5 ft. on north Yard Setback (second noor balcony overhang 4' 5") Maximum Height 25 ft. pitched roofs 30 ft. on alley 36' 6" feet (set in PUD for maximum, roof 20-25 ft on east Lodging) heights vary and are set in this PUD plan Parking Set in PUD 31 surface (all but 1 31 underground and partially in r.o.w) 12 @ surface (partially in r.o.w.) Floor Area Ratio/Size: Total Set in PUD .85 = 23,000 s.f. 1.66:1 = 44,915 s.f. ~ Lodging Set in PUD .85 = 23,000 s.f. .87:1 = 23,547 s.f. Ave. Lodge Size Set in PUD-500 sq. 340 s.f. 501 s.f. ft.desirable Free-Market 25% of total project N/A .39:1 = 10,733 = Residential Floor Area 24% of total project Affordable No FAR limit N/A .05:1 = 1,384s.f. Residential Section 4: Trash/Recycling Area The applicant shall ensure that the trash storage area has adequate wildlife protection and to make sure recycling containers are present wherever trash compactors or dumpsters are located due to the City's new recycling ordinance requiring haulers to provide recycling in the cost of trash pick-up. Section 5: Affordable Housing The applicant shall provide two Category 2 affordable housing units as depicted in the application dated December 30,2005. These units shall be considered full mitigation for the development proposed in said application. A Certificate of Occupancy for the Boomerang Lodge Redevelopment project shall not be issued until such time as Certificates of Occupancy for the deed restricted affordable housing units, which are required for mitigation, have been issued. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the APCHA Guidelines, as may be amended from time to time. The applicant shall structure and record a deed restriction for the affordable housing units such that an undivided 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority detennines acceptable. City Council Ordinance No. 26, Series of 2006 -3- .. The affordable housing units shall be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out o f compliance over a period o f more than one year. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. At such time if the units become ownership units, these units will establish an independent homeowners association. * Section 6: Additional Trip Generation and PM10 Mitigation Plan In order to reduce the impacts of additional trip generation and PM10 generated by the project, the project shall provide either: 1) a shuttle service for use by the owners/guests of the residences/hotel, 2) an electric vehicle for use by owners/gusts of the project, 3) secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall join the Transportation Options Program. The Subdivision Agreement shall specify which of these options shall be implemented. A fleet of five (5) bicycles shall be provided for use by the lodging guests. The project shall be subject to any transportation related impact fees adopted prior to application for a building permit and any of the above options shall be credited towards any fee requirement. Section 7: Subdivision Plat and PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and Final PUD Plans. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and, in addition to the standard requirements, shall include: 1. The final propertyboundaries and disposition of lands. 2. The location of Revocable Encroachments for physical improvements within public rights-of-way, including parking to be designated to the Lodge, with reference to agreements and licenses for such improvements. 3. The location of utility pedestals with access easements for the utility provider. Transfonners and pedestals shall be located outside of the public right-of-way unless licensed. 4. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised building, street, and parcel boundaries to the Geographic Information Systems Department prior to applying for a building pennit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. In addition to the standard requirement of Section 26.445.070.B, the Final PUD Plans shall include: 1. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. Approved proj ect dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department. City Council Ordinance No. 26, Series of 2006 -4- .. 3. A general sidewalk and curb improvements plan depicting a detached sidewalk with planting buffer along both West Hopkins Avenue and North 5th Street. The sidewalk shall be five feet in width and be located adj acent to the property boundaries, or as close as possible given existing vegetation as determined by the City Engineer and the Community Development Director. The surface parking along West Hopkins Avenue shall be eliminated. 4. An architectural character plan demonstrating the general architectural character and depicting materials, fenestration, and projections. 5. Scaled floor plans of each level of the building depicting unit divisions. Section 8: Subdivision and PUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision and PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.480.070 and 26.445.070.C, the provisions & conditions of this ordinance, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of-way with reference to their locations depicted on the Subdivision Plat. 2. In order to secure the performance of the construction and installation of improvements in the public rights-of-way, the landscape plan, and public facilities performance security shall include and secure the estimated costs of proposed right-of-way improvements. 3. A revocable license agreement to use portions of the Fourth Street right-of-way for dedicated parking. 4. A license agreement to use any public rights-of-way, or portions thereof, adjacent to the proj ect site for construction staging including a fee to use the land at a rate of $1.25 per square foot per month for the time period in which the land is to be occupied for construction staging. Section 9: Impact Fees Park Impact Fees of $23,727 shall be assessed. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The following fee total is based on the current proposal and fee schedule and is subject to final calculation at the time ofPUD Agreement acceptance: Park Fees - Fees for Proposed Development: 47 Lodge Units (studio units) @ $1,520 per unit =$71,440 3 two-bedroom residential units @ $2,120 per unit = $6,360 2 three-bedroom residential units @ $2,725 per unit = $5,450 Total = $83,250 Park Fees - Credit for Existing Development: 34 Lodge Units 29-studio units @ $1,520 per unit =$44,080 3 two-bedroom units @ $2725 per unit =$8,175 City Council Ordinance No. 26, Series of 2006 -5- .. 2 three-bedroom units @ $3,634 per unit =$7,268 Total Credit = ($59,523) Total Park Impact Fee Due = $23,727 School Land Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The applicant shall provide and the City of Aspen shall verify the unimproved land value of the lands underlying the Project and determine the applicable dedication fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. Amendments to the Proj ect or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. Other Impacts Fees. The project shall be subject to amendments and additions to the Impact Fee Chapter of the Land Use Code adopted prior to the application for a building pennit. Section 10: Water Department The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Soil nails will not be allowed in the City ROW. Section 11: Sanitation District Standards/Requirements The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations, including the following: 1. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at the time of construction. 2. Applicant' s engineer will be required to give the district an estimate of anticipated daily average and peak flows from the project. 3. A wastewater flow study may be required for this project to be funded by the applicant. 4. All clear water connections are prohibited (roof, foundation, perimeter, patio drains), including entrances to underground parking garages. 5. On-site drainage and landscaping plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. 6. On-site sanitary sewer utility plans require approval by ACSD. 7. Oil and Sand separators are required for public vehicle parking garages and vehicle maintenance facilities. 8. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. 9. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. City Council Ordinance No. 26, Series of 2006 -6- .. 10. When new service lines are required for existing development the old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 11. Below grade development may require installation of a pumping system. 12. Generally one tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. 13. Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line ofeach development. 14. All ACSD total connection fees must be paid prior to the issuance o f a building permit. 15. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Section 12: Pre-Construction Meeting Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and PUD/SIA agreement recordation, identify the types of building pennits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting permits, changes, etc., and review the Building Department checklist. Section 13: Construction Management Plan Prior to application for any Building Permit, Foundation Pennit, Access Infrastructure pennit, Demolition pennit, etc., the applicant and the City shall agree upon a Construction Management Plan for the project. For the City, the plan shall be reviewed by the Community Development Engineer. The Plan shall include: 1. A construction management and parking plan meeting the specifications of the City Building Department. 2. An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastructure and provisions for noticing emergency service providers, neighbors, the City Streets Department, the Transportation Department, City Parking Department, and the City Engineering Department. Street closures concurrent with significant public events shall be avoided to the greatest extent possible. 3. A notice to be sent to neighboring property owners describing the general schedule of the project and the contact information of the general contractor. The City City Council Ordinance No. 26, Series of 2006 -7- .. encourages open communication between proj ect representatives and the neighbors such that day-to-day issues can be resolved without involving the City. 4. A Fugitive Dust Control Plan which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. For projects greater than one acre in size a fugitive dust control plan must be submitted to the Colorado Department of Public Health and Environment (CDPHE), Air Quality Control Division. 5. Recycling facilities, in addition to trash facilities, for the period of construction. Section 14: Building Permit Requirements The building permit application shall include/depict: 1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Resolution and Ordinance have been read and understood. 3. The conditions of approval shall be printed on the cover page o f the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A right-of-way improvement plan depicting physical improvements to the right-of-way including design specifications and profiles. All improvements shall comply with the City' s requirements for accessibility. 6. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan for approval by the City Parks Department. 7. A utility plan meeting the standards of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New buildings may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. 10. An asbestos inspection report. Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile, etc., the CDPHE Air Quality Control Division must be notified and a person licensed by the state of Colorado to do asbestos inspections must do an inspection. The Building Department cannot sign any building permits until they get this report. If there is no City Council Ordinance No. 26, Series of 2006 -8- .. asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. A tree removal permit, as applicable. 12. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as- needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. 13. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets. The City will not approve of soil nails into public right-of- way or utility easements. 14. A construction site management and parking plan meeting the specifications of the City Building Department. 15. Design specifications and profiles for public right-of-way improvements. The sidewalk shall incorporate accessible ramps according to the current standards and meet with the approval of the City Engineer. 16. A utility plan meeting the standards of the City Engineer and City utility agencies. 17. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 18. An exterior lighting plan meeting the requirements of Section 26.575.150. Prior to issuance of a building permit: 1. All tap fees, impacts fees, and building permit fees shall be paid. 2. The location and design of standpipes, fire sprinklers, and alarms shall be acceptable to the Fire Marshall. Section 15: Noise During Construction During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. City Council Ordinance No. 26, Series of 2006 -9- .. Section 16: Condominiumization Condominiumization of the Project to define separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. Section 17: Historic Landmark Designation of the "East Wing" Prior to filing of the final plat the owner shall initiate the designation of the "East Wing" of the Boomerang Lodge for listing on the Aspen Inventory of Historic Sites and Structures. The area to be designated shall be finalized in conjunction with the Historic Preservation Commission but shall include that area of the structural east wing along the alley, Fourth Street and Hopkins Avenue, also including the outdoor pool and spa area. The designation shall not subject the remainder ofthe building to HPC review. Section 18: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 19: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 20: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 21: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy in the office of the Pitkin County Clerk and Recorder. INTRODUCED, READ AND ORDERED PUBLISHED as provideÂ¢ by 1pw, by the City Council of the City of Aspen on the 26th day of June, 2006. Helen Kalin KlanderuÂ©MaÂ¥~ ATTEST: City Council Ordinance No. 26, Series of 2006 -10- .. di--jl-da-_-- kathryn S. K~07 citftlerk FIN*LLY, adopted, passed apd approved this 28th day of*194Â§1Â¢lf)06. I t/ i i err*Â·~ 1\ Kathryn s. ~*6, (Fity-Clerk Melen Kalin ]<th#0~kdZMâ€¢*or APPROVED AS TO FORM: /119 1 lAUXE city-*tiovmei City Council Ordinance No. 26, Series of 2006 -11- .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: /~ Aspen, CO STATE OF COLORADO ) County of Pitkin ) I, 46144 Scalâ‚¬*-1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally cdrtify that I have complied with the public notice requirements of Section 26.3 04.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: v Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the pu.blication is attached hei etc). Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this .24- day Of Am UST , 2001., by Anol Al S co 2.e.0-Â·1 WITNESS MY HAND AND OFFICIAL SEAL 33 Public Notice s My commissipn,expke34 '3)~4 ~ 00\ 3 PUBLIC NOTICE 0 f 61\ Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68. Colorado Revised Notary Public Statutes, pertaining to the following described property: 500 West Hopkins Avenue, also known as the Boomerang Lodge, Aspen, Colorado, 81611, by order of the City Council on August 10th, 2009. The Applicant received approval of an extension of vested rights to allow for the 20:.~I~..eve/- construction of 13 additional lodge units, two affordable housing units and five free market units ATTACHMENTS: until October 20th, 2012. For further information ~b contact Errin Evans. at the City of Aspen ,1 Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2745. ' COPY OF THE PUBLICATION f CORY J. 1 s/ City of Aspen : GARSKE i Published in The Aspen Times Weekly or, August 23,2009. [3915908] t OFCONy My Commission Expite* 03/09/2012 .. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ;EmÂ»Â»Er)*r-,vils 'otog ., Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200_ STATE OF COLORADO ) County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: B-y posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time o f the public hearing. A photograph of the posted notice (sign) is attached hereto. v Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners o f real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendme&.--/ \1/ 1 SiÂ¢40turg/ V The ~~o~g~kif~}davit of Notice" was acknowledged before me this /U day of , 20%, by ju Mu Y VANd WITNESS MY HAND AND OFFICIAL SEAL .,#11 ' 1 1 3.j My commission expires: 042 12 Izo H 4 4 E : t_ - A. 1% \\ '447 .// 0 L**Â£6/,JU Â· ~gtary Public 0............... OCARADO U ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL .. PUBLIC NOTICE RE: 500 WEST HOPKINS AVENUE, BOOMERANG LODGE, REQUEST FOR AN EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 10th, 2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in the Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Sunny Vann Associates, LLC, 230 East Hopkins Avenue, Aspen, CO, 81611 on behalf of Aspen FSP-ABR, LLC, 500 West LIopkins Avenue, Aspen, CO, 81611 who is the owner of the subject property. The applicant is requesting an extension of vested rights for the approved project for that site. The property is legally described as Lots K through S, Block 31, City and Townsite of Aspen, Aspen, Colorado, 81611. For further information, contact Errin Evans at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2745, errine@ci.aspen.co.us. s/Michael C. Ireland, Mayor Aspen City Council th Published in the Aspen Times on July 26 , 2009 City of Aspen Account Easy PeelÂ® Labels A I Bend along line to ~ AVERYÂ® 5160Â® 2 Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up EdgeTM /- 521-523 W HOPKINS AFFORDABLE 501 W HOPKINS LLC 501 WEST MAIN LLC HOUSING PO BOX 8769 532 E HOPKINS AVE CONDO ASSOC ASPEN, CO 81612 ASPEN, CO 81611-1818 521 W HOPKINS AVE ASPEN, CO 81611 604 WEST LLC ALEXANDER JOAN P ALLEN DOUGLAS P 604 W MAIN ST PO BOX 4818 403 LACET LN ASPEN, CO 81611 GRAND JUNCTION, CO 81505 ASPEN, CO 81611 ALPINE BANK ALPINE BANK AMAYA JOSE ANTONIO ATTN ERIC GARDEY ATTN JEAN MOORE ARGUETA BLANCA EDITH PO BOX 10000 600 E HOPKINS AVE 605 W HOPKINS AVE #103 GLENWOOD SPRINGS, CO 81602 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN MESA STORE LLC ANGELOV DIMTAR S & DANIEL D ASPEN CONDO ASSOC C/O ASPEN BLUE SKY HOLDINGS LLC 605 W HOPKINS AVE #209 600 E HOPKINS AVE #304 PO BOX 8238 ASPEN, CO 81611 ASPEN, CO 81611-2934 ASPEN, CO 81612 ASPEN SQUARE CONDO ASSOC INC BARTON META PACKARD BERR LLC 617 E COOPER 4475 N OCEAN BLVD APT 43A 611 W MAIN ST ASPEN, CO 81611 DELRAY BEACH, FL 33483 ASPEN, CO 81611 V. CARROLL MEREDITH COHEN BRIDGE WILLIAM & JOSEFINA BROOKS NORMAN A & LESLEE S CARROLL ARTHUR RICHARD 2075 SHERWOOD DR 16311 VENTURA BLVD #690 605 W HOPKINS AVE #210 CAMBRIA, CA 93428 ENCINO, CA 91436 ASPEN, CO 81611 CHRISTIANA UNIT D101 LLC CARTER RICHARD P CHAKERES JOHN B TRUST C/O FRANKLIN ST PARTNERS LLC 400 E 3RD AVE #804 3801 KENNETT PIKE C200 215 ZOE WY DENVER, CO 80202 GREENVILLE, DE 19807 MIAMI, FL 33140 CITY OF ASPEN CHUCHMAN GEORGE S CLEANER EXPRESS ATTN FINANCE DEPT PO BOX 2800-355 435 E MAIN ST 130 S GALENA ST CAREFREE, AZ 85377 ASPEN, CO 81611 ASPEN, CO 81611 CORTALE ITA - CUMMINS RICHARD DESTINATION RESORT MGMT INC 205 S MILL ST #112 1280 UTE AVE #10 610 WEST END ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DUNSDON S MICHAELE EMERICK SHELLEY W ERICKSON A RONALD BORKENHAGEN DAVID A 2449 5TH ST 605 W HOPKINS AVE #211 617 W MAIN ST #D BOULDER, CO 80304 ASPEN, CO 81611 ASPEN, CO 81611-1619 Etiquettes faciles & peler Repliez & la hachure afin de www. avery.com ~ Sens de 1 Utilisez le gabarit AVERYÂ® 5160Â® , chargement ravdler le rebord Pep-UpTM 1-800-GO-AVERY / 1 Easy PeelÂ® Labels A Bend along line to ~ AVERYÂ® 5160Â® ~ Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up Edgeâ„¢ ~ i MADSEN MARTHA W MARSHALL ALISON J & JOSHUA W MOLLER DIANE T 608 W HOPKINS AVE APT 9 605 W HOPKINS AVE #212 4032 CRYSTAL BRIDGE DR ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623 NELSON TREVOR T & ROSE MARIE NIX ROBERT JR NORTH AND SOUTH ASPEN LLC 605 W HOPKINS #207 PO BOX 3694 200 S ASPEN ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 NORTHWAY LLC OHARROW SIOBHAN P OLIVER SPORTS BRACING LLC 106 S MILL ST #203 605 W HOPKINS AVE #208 520 W MAIN ST #20 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PERRY EMILY V RENO ASPEN PROPERTIES LLC REVA LLC PO BOX 11071 605 W MAIN ST #002 PO BOX 1376 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 RODRIGUEZ JOANN ROLAND DANIEL P & LEAH S RUFUS CAMI CAMI LLC 605 W MAIN ST #00A 605 W HOPKINS AVE #102 1280 UTE AVE #7 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SCOTT MARY HUGH SHADOW MTN CORP SCHALL FAMILY TRUST 8/31/1998 RUSSELL SCOTT 111 & CO LLC C/O FINSER CORP 18518 ST MORITZ DR 5420 S QUEBEC ST #200 7321 N.W. 75TH STREET TARZANA, CA 91356 GREENWOOD VILLAGE, CO 80111 MEDLEY, FL 33166 SHERWIN ENTERPRISES LLC SLTM LLC SMITH ANDREW C & DONNA G C/O JENNIFER SHERWIN 106 S MILL ST 3622 SPRINGBROOK ST 1714 VISTA ST ASPEN, CO 81611 DALLAS, TX 75205 DURHAM, NC 27701 STARFORD PROPERTIES NV STASPEN LLP SUBOTKY JULIE E C/O KEON WILLIAM C/O JOHN STATON 55 WEST 14TH ST #15L 7321 NW 75TH ST 1180 PEACHTREE ST NE NEW YORK, NY 10011 MEDLEY, FL 33166 ATLANTA, GA 30309-3521 TOMS CONDO LLC THROM DOUGLAS H TODD SHANE C/O BRANDT FEIGENBAUM PC 617 W MAIN ST PO BOX 2654 132 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN, CO 81612 BASALT, CO 81621 ULLR CONDO LLC ULLR HOMEOWNERS ASSOCIATION VANDERSCHUIT FAM TRUST 6450 AVENIDA CRESTA 600 E HOPKINS #304 5836 WAVERLY AVE LA JOLLA, CA 92037 ASPEN, CO 81611 LA JOLLA, CA 92037 Etiquettes faciles & peler Repliez A la hachure afin de www.avery.com Sens de Utilisez le gabarit AVERYÂ® 5160Â® r*v*ler le reberd Pep-UPTM 1-800-GO-AVERY i chargement 1 Easy PeelÂ® Labels A I Bend along line to ~ AVERYÂ® 5160Â® ~ Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up Edgeâ„¢ ~ A FARR CHARLOTTE FINE FREDRIC N & SONDRA FRANSEN ERIN M & GREGORY H 306 MCCORMICK AVE 412 MARINER DR PO BOX 5082 CAPITOLA, CA 95010 JUPITER, FL 33477 GILLETTE, WY 82717-5082 FRIAS PROPERTIES OF ASPEN LLC GARMISCH LODGING LLC GOLDENBERG STEPHEN R & CHERYL J 730 E DURANT 8566 COLGATE AVE 430 W HOPKINS AVE ASPEN, CO 81611 LA, CA 90048 ASPEN, CO 81611 GORDON LETICIA GOLDMAN DIANNE L H & H PROPERTIES LLLP C/O JOE RACZAK GOLDEN HORN PO BOX 518 807 W MORSE BLVD STE 101 555 E DURANT AVE FAIRFIELD, CT 06824 WINTER PARK, FL 32789-3725 ASPEN, CO 81611 HAISFIELD MICHAEL DOUGLAS HAYMAN JULES ALAN HORTON DAYNA L HAISFIELD LISA YERKE 9238 POTOMAC SCHOOL DR 520 W MAIN ST #22 616 W HOPKINS POTOMAC, MD 20854 ASPEN, CO 81611 ASPEN, CO 81611 HY-MOUNTAIN TRANSPORTATION INC IGLEHART JIM IGLEHART JIM 111CAABC 610 W HALLAM ST 617 W MAI N ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ILGEN EILEEN L JEWISH RESOURCE CENTER CHABAD ILGEN JACK D & ELOISE CO DAN SODERBERG OF ASPEN 17352 HWY 82 #C 2569 LOWER RIVER RD 435 W MAIN ST CARBONDALE, CO 81623 SNOWMASS, CO 81654 ASPEN, CO 81612 JOHNSON STANFORD H JOHNSTON FAMILY TRUST KELLY KIM PO BOX 32102 2018 PHALAROPE 605 W HOPKINS AVE #202 TUCSON, AZ 85751 COSTA MESA, CA 92626 ASPEN, CO 81611 KONIG DEBORAH KELSO DOUGLAS P KOELLE ALICE HANSON KIM 627 W MAIN ST PO BOX 2871 605 W HOPKINS AVE #203 ASPEN, CO 81611-1619 ASPEN, CO 81612 ASPEN, CO 81611 LAST NICKEL LLC KURKULIS PATSY & PAUL R LAMB JENNIFER C & TIMOTHY E C/O LUCAS PECK BRANDT PC 605 W HOPKINS AVE #201 605 W HOPKINS AVE #204 132 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN, CO 81611 BASALT, CO 81621 LOT 2 BOOMERANG LOT SPLIT LESTER JAMES LITTLE AJAX CONDOMINIUM ASSOC PLANNED COM OWNERS ASSOC 229 CHRYSTIE ST #1417 605 W HOPKINS #006 533 E HOPKINS AVE 3RD FL NEW YORK, NY 10002 ASPEN, CO 81611 ASPEN, CO 81611 Etiquettes faciles & peler Repliez A la hachure afin de www.avery.com ~ Sens de Utilisez le gabarit AVERYÂ® 5160Â® chargement ravaler le rebord Pep-Up TM 1-800-GO-AVERY 1 1 Easy PeelÂ® Labels A lilll Bend along line to ~-~ AVERYÂ® 5160Â® ~ Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up Edgeâ„¢ ~ A VIEIRA LINDA 50% INTEREST WAGNER HOLDINGS CORP LLC VERNER DANIEL A & MERYLE HALL TERESA 50% INTEREST C/O BILL POSS 2577 NW 59TH ST 0095 LIGHT HILL RD 605 E MAIN ST BOCA RATON, FL 33496 SNOWMASS, CO 81654 ASPEN, CO 81611 WASHBURN LYNN S WENDT ROBERT E 11 WERLIN LAURA B TRUST TERRELL SERENE-MARIE 350 MT HOLYOKE AVE 2279 PINE ST 605 W HOPKINS AVE #205 PACIFIC PALISADES, CA 90272 SAN FRANCISCO, CA 94115 ASPEN, CO 81611-1607 WEST ALFRED P JR & LORALEE S WHITNEY KURT A & JACQUELINE WINGSTONE TOY COMPANY LLC 58416475 METAVANTE WAY 6448 E CRABTREE PL 12 GREENBRIAR LN SIOUX FALLS, SD 57186 YUMA, AZ 85365 PAOLI, PA 19301 YLP WEST LLC YOUNG DONALD L YOUNG PAUL 111 FAMILY TRUST 7 SOUTH MAIN ST PO BOX 4444 413 W HOPKINS AVE YARDLEY, PA 19067 ASPEN, CO 81612 ASPEN, CO 81611-1603 9 ttiquettes faciles & peler Repliez & la hachure afin de www.avery.com j Sens de Utilisez le qabarit AVERYÂ® 5160Â® r*v*ler le reberd Pop-UpTM , 1-800-GO-AVERY ' charaement A .. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 400 Nesi MorKYA j Ave ,Aspen, co SCHEDULED PUBLIC HEARING DATE: Au *u sT lo , 200#_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, A R . M 14,<B 13 14hlt Of'EALEA 4Â£4 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. V~ Posting ofnotice: By posting o f notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 19 day of , 200_~, to and including the date and time of the public hearing. ~l photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet ofthe property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .. . L Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text ofthis Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments.~ Signature\I \ The foregping "Affidavit of Notice" was acknoyledged before me this zatday of L.14,9ZU , 200-~by LAMMA L -fâ€¢{ uKEEK U 0, WITNESS MY HAND AND OFFICIAL SEAL M>zorission,eipire,07 0~IS/96/2+i ~~~~*6\ARY 'Â·.F,~1'~ A cljr ' : L ' 1 1 ' Uâ€¢/' /1 ./ e. PUBL# irf ~~ (_,Nd(ary Pijg) 96#.../.49 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Â· I - 'Ovirt#.r , f , . r,4 . .'t' I . 2- . 1- , 4 3 - ... 6 ...1, , 1 4/1 4, f..# Â¥ . ..,~Al, I. '' E.4.9 , . 1. 4- 94Â£ Le InÂ« 2 3/.... 2*5; 4 41*/4..'ttil?,1 118'62 . 'râ‚¬ 6 . <4 1 ' j: Â« 4 \13 i p 444 4 -.:3.>f ' 62; --t~..~ikÂ£' ' lt'Â¥099*,0, ,,4Â·-4*'.<T'.*t'. 0 0, IL.P. I , .4 *44*0.. '. * 2.t '.1 . 44.7,4 1..... *, P. 0144. 47 ... ,*,2. Â¥; St ' rt -4.. 1+ 7-,~ *''~- T 1,4&3**rÂ¢f,YLA- 0 j 44 -- + - 1 bibubta.20'904)41""1&:,Â·â€¢ ,Â·4 :j â€ž 4. 4 le, 4- Er -2.- -r ~,& .t:T 1, Â· ' i .% . .w':. - , --Â· 9, ) .# j 1 3.:49 14 4'ri. 7.C . 2,-4 , a.:lk,tu *27 ikel'.Ct -- Lk.... .% . 11.-*trd<*44-Wa ;11. t 9361:~-*r 1 * 'Wr.iz'+4 - . 9 ..U'.,4 -1,2~ & 4 310' 1 1 . 2 94711//C 1 QH/- - .3 . r . . ./- 49 : t..:I: ... 4. Pits -N' I . 10.& A. 27 ihiN+62* .. ., hÂ». 21#32..9/* 5 2 4, Â· '0.. 1 , . Â· 4., 4 - ' 'C ' ri44.4 . . IN 1, 4 ../* ./- - 24 1. . 1 :, N . ..1. . . 44 t,ap - 9 1 , .V -... . '1%.> - .ti.* t.*~. , /622 t -LIff - "I - Â·4 iTY-1 44% 4. 4 .4/Â· 'LI' , ... 7~ 0 + <AN# p *f . 76'* -.4/Â· I L. I * 6..... *.,C Ji f..~.M . 0 ' d L. -- , 7/11 . .... . RK# ~3 8 ~I' 4 ./.. a.2 4 - .*. . , 4 / '--0/:, 5 f * ki .4 ' 4 i. 1 ./f. I , 24 F i.. '&6 tâ‚¬ 7,7 -19/ TA A. 1 ~ .. 0.- . F )%eT A- 11.=7 2. / I . 4 I '-I. 1 L_ . ,.. Ubl . .. . . 04 4 , 01##RkÂ· 5 i '4â‚¬ '' . . ... I ir_. ?' 4- . wl r . '. D I ..1/ - 1. 1 - -. . 4 I . A '74: 44 . : 4 e I. r , 4 .: 42'q.4- 9, 2 a' A 1 . <4*12 6 Â«7 2-1 I -Itdr .. 1 1 4, 7/Mill'llimigill'll'll'll'llilill/ ~ f - 2 1 1 I ppil-9-willial.-2 f tub/ 1/3 ./\ . - . f . 1 .- 4 4 1< - U 1 ' . It 1.8 1 t - 1 t 4 1 . , 4 D 4 - 1 1. 1 4 . 1 A f- 8 4' f /1 1 9 Â£ 0 . I / PUBLIC NOTICE DATE %10Ad.i. Au,~ 1. Â», TIME '.00 pm. Â· C..ind / 1/,-.,1. 4 11.11. Ims PLACE Â°'# PURPOSE ~17- 4 Â·./.-' - 'ptl Â·.â€¢to -h,nâ€¢wd In %he=, beta A 1 1 to 41Â©,1 4.,IghÂ·r .,p,vE/'/Â· An*.lar. WUM'Â·41#â€¢"" 4.,â€¢ . wr - 4 :h, .,mit#*tpl#Il B.Â·p,Â¥.. 1!,Â· 1 '4 ..Ilâ€¢, 1..,1 U, 18 :Â»Â¥eâ€¢ ,,, 4/ w,T, -- . 7. 1.d"...t~Imit.~ â€¢Â· .. - & . 4..fr' .t Â· - . -Â·.*ae D Â·,i:.~544'A+94, ,46$F . #Â·t :. - .. . 4 I - I . - 0 - 4 w t â€¢: '9 . 1-2.m -- 0 - I - -Â·Â· ..9.. e -'.14 . 0 ..8 : ..9.-4 .Es ' .1*--447,~1*,2 .'~ - - h ,. - 2.: 2.-47-'Â· 7-6 -- 9,=#.M - . t.Â·1 -2't I. k. -. I - . )'B ./ ./-.. .- - r .2: â€ž:.1 -2 4 -*2IL,149 .. . ..,1 - ./ I . , ~.7,â€¢-' "' 'I L~1 4.4422 Â· - 2 E-*...w 1/ . . -- q.. ...1 -2. ..h- r.â€ž-, - - -p ...4/0,2,0 . --:.. -- 1. ... .=1. 1 - - ..:- D.Â·:-.Â·Z .Â· - -/ ..v, Â·Â·*.-- - U - ..745. . v. 44;- .*. -- , 449.- .r - _ , ~ ~ '.49,~~~4'#;-344Â·u ~ 7Crl *. . >2 Â· Â·f . -iJQ'~~lat'% 3~21 7. 4 447*2 , ~49-~59=t *~vfsÂ«u.'--~,-#, - t 671.2.Egr,@~ - 242 42 1,3,4 h-~45..2-22- - --41 %:I: 1. ,Â·*1 - 0, ArÂ·Â¢: ~~~ .. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 530 W f , i glu~ ,4-Â«. , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ka~bu~ A-lAC~ 10 42 6.: frn , 2009 STATE OF COLORADO ) ) SS. County of Pitkin ) L (name, please print) A-vÂ»â‚¬14 6 cod- 2-1 being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: v Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy ofthe publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Im! 41 4 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment o f a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to, and listing of names and addresses o f owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acknowledged before me this 27 day 0of ju LY , 200-1, by AÂ¥*1â‚¬U Sca 9 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 4-l tol i i 997.N Notary Public ATTACHMENTS: 1.- 1 -22- ' 1 1.1 50 4 COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 10 4, It:,i ation, power Exhibit A. Decreed watt i of parks. 6/9/202,3. Case No: 01 0 fs office determined Sec. 16, T. 9 S. Range 1 3 for piscatorial & Cpitkin County, Colorado Date: 6/1/2001.Total arr i uses 7.88 acre feet available. Decreed use c change the originally del located the pond approx to the following: The por ver generally, fire E. of the W. Sec. line an of storage are shown in appropriative right of ex, ver generally, fire 6/9/2003. Case No: 01CD' of the originally decreed uses 12.88 at and to correct errors in 1 plan for augmentation cc replaced with Basalt We contemplates irrigation c icl for at least 70 years. water will be required. 1 itinuous and purposeful would be 1.49 acre-ft. A ir Conservancy District original decree for the pl m it considers the facts erroneous as the Modifi< 2d 27 (Colo. 1997). (5 sets the consumptive ud irrigation depictions will Clerk in quadruplicate 405(a), which currently F d or why it should be contract, an additional 1 PUBLIC NOTICE RE: 500 WEST HOPKINS AVENUE, BOOMERANG LODGE, REQUEST FOR AN EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday. August 10th, 2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council. in the Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Sunny Vann Associates. LLC, 230 East Hopkins Avenue, Aspen. CO. 81611 on behalf of Aspen FSP-ABR, LLC, 500 West Hopkins Avenue, Aspen. CO. 81611 who is the owner of the subject property. The applicant is requesting an extension of vested rights for the approved project for that site. The property is legally described as Lots K through S, Block 31, City and Towns,te of Aspen, Aspen, Colorado, 81611. For further Information, contact Err,n Evans at the City of Aspen Community Development Department, 130 S. Galena St. Aspen, CO. (970) 4292745. errine@ci.aspen.co.us. &(Michael_Q._IrelanÂ¢11-Mayor Aspen City Council Published in the Aspen Times Weekly on July 26th + 2009. [3766640] EXHIBIT Â¢52 S ORDINANCE NO. 21 (SERIES OF 2007) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING HISTORIC DESIGNATION FOR A PORTION OF THE BOOMERANG LODGE PROPERTY LOCATED AT 500 W. HOPKINS AVENUE, LOTS K-S, BLOCK 31, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID #:2735-124-49-002 WHEREAS, the applicant, Aspen FSP-ABIT. LLC, owner, represented by Michael Hoffman, Sunny Vann, and Reno- Smith LLC, has initiated Historic Designation review for a portion o f the property located at 500 W. Hopkins Avenue, Lots K-S. Block 31, City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council. after a recommendation from HPC. determines sufficient evidence exists that the property meets the criteria; and WHEREAS, Amy Guthrie, in her HPC staff report dated April 25,2007, performed an Â»52?t~ analysis of the application based on the standards, found that the review standards had been met, and recommended approval; and WHEREAS, at their regular meeting on April 25, 2007, the Historic Preservation Commission considered the application. found the application was consistent with the review standards and recommended approval of the application by a vote o f 4 to 0: and WIIEREAS, the City Council finds that the application meets or exceeds all applicable standards and that the addition of a portion of the Boomerang Lodge as a historic landmark to the Aspen Inventory of Historic Landmark Sites and Structures is consistent with the goals and elements of the Aspen Area Community.Plan: and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health. safety. and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 The City Council finds that the application is complete and sufficient to afford review and evaluation for approval; and 4%1; .. Section 2 The City Council does hereby approve designation of a portion of the property located at 500 W. Hopkins Avenue, Lots K-S, Block 31. City and Townsite of Aspen. Colorado, as defined in Exhibit A, to the Aspen Inventory of Historic Landmark Sites and Structures. Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence. clause, phrase. or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance will be held on the 11 th day of June. 2007. in the City Council Chambers. Aspen City Hall. Aspen, Colorado. Section 6: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as pro#Â®*bÂ¥-law, by the City Council ofthe City of Aspen on the 14th day of May. 2007. X2:fyFII7i- 1*leA Italijtki~iderud, Mayor J Attest: , 4 y /.7 / Kathryn S. K*iM/City Clerk V FINALLY, adopted. passed and approved this 11th day of June. 4 -d , 7/l\)41â€ž-L:â‚¬; 7 H#len Katin Klanderud, M*uy- *" uÂ·41" fA J <*rj 4 Kathryn S. 1~Fi1, City Clerk Approved~as-30 form: - 3 ,/0 /5.Flf/00/72,/ 2Â©21 Johii P. *oreestÂ« City Attorney Exhibit A- Map of Lots K-S. Block 31, City and Townsite of Aspen, showing portion of property designated as a Historic Landmark. EDI!74 .. r== lf.r ~~ p --d__ I l LANDMARK AREA / -- 1 77<f= 7-t.jf,Mqu=-*r=ri-S-MIT-=727Â·-- +rm Â·r Â·-tr..ri Vt.-"r-rr- b.10:EkÂ·trt.@9 *9:-iÂ·.'Â·..1.''t-iti.Â·W: . .7 ''3'- t.- ., t..:, A. 4. I :11 .: 5-=-- w:--F-F:kE-1*0*2.,~~~-.6:.4,A:,bf#ti~jt.'~,14.22*ft?titter:*2 3 9 6 .'....4 ~.522*fltic,~'.~2:..:.8*""4~jiLE,4134*daft: 1 4 9 #44 Â£*.*i43~#6**RM:(FiÂ·.apÂ·?/.7Â·Â¥â‚¬;*J?f=.0:14Â· L~:....... -2, - - -,4.i:Â·4Â·:Â·:IÂ·-H:;14-Â·.34....i,-Â·a: ,Â·tÂ·: 1.:Â·Â·:Â·.~Â·,. 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Â·Â·Â·Â· Â·~ Â· Â· ..Â· Â·Â· t.i ~. â€¢.Â·Â· F. .Â·,i...Â·: â€¢'. i -Â·- ~ -L.: ht-.t J 146/1 MATER _~ LANDMARK AREA ~ FALLS Â£50+Aggi zÂ»5-crN r-AS.A.DE AND FOOL r:2034?1 =Â·18-ECT TO rIFC. FUR'/121, tz=Ezzl NEn BUILE'ING 41-1 -4~ I1.L-1 1=Ll-il { ~ ]1 0 0 r----7 EXHIBIT DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Ordef', is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Fountain Square Properties, 11921 Freedom Drive, Sutie 950, Reston, VA 20190 Property Owner's Name, Mailing Address and telephone number 500 West Hopkins Avenue. legally known as Lots K-S of Block 31, City and Townsite of Aspen, Pitkin County, Colorado Legal Description and Street Address of Subject Property The Applicant received approval of a Planned Unit Development and Subdivision along with various other land use approvals to allow for the redevelopment of the Boomerang Lodge consisting of 47 condominiumized lodge units, 5 free market residential units and 2 affordable housing units, appurtenant infrastructure, landscaping and parking. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen, City Council, Ordinance No. 26 Series of 2006 approving the PUD/Subdivision and related land use approvals associated with and necessary for the development plan. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 20,2006 Effective Date of Development Order (Same as date of publication of notice of approval.) October 20.2009 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) .. Issued this 13th day of October, 2006, by the City of Aspen Community Development Director. fowrci (1QiÂ«Â« I+*7 &63* -4 Chris BenMon, Commurl* Developmtnt DirectoV .. PUBLIC NOTICE Of DEVELOPAfENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan for the Boomerang Lodge, creating a vested property right pursuant to the Land Use Code ofthe City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 500 West Hopkins Avenue, legally known as Lots K-S of Block 31, City and Townsite of Aspen, Pitkin County, Colorado, by Ordinance No. 26, Series of 2006 of the City Council of the City of Aspen, approved on August 28, 2006. The Applicant received approval of a Planned Unit Development and Subdivision along with various other land use approvals to allow for the redevelopment of the Boomerang Lodge consisting of 47 condominiumized lodge units, 5 free market residential units and 2 affordable housing units, appurtenant infrastructure, landscaping and parking. For further information contact Joyce A. Allgaier, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2754. s/ City of Aspen Publish in The Aspen Times on October 20,2006 0 . EXHIBIT VANN ASSOCIATES, LLC Planning Consultants February 13, 2007 HAND DELIVERED Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Boomerang Lodge Subdivision/PUD Recordation Deadline Dear Chris: Please consider this letter a formal request to extend the recordation deadline for the final plat, final PUD development plan, and associated documents for the Boomerang Lodge Subdivision/PUD. The request is submitted pursuant to Sections 26.480.070. E. and 26.445.070.A. of the Land Use Regulations by Aspen FSP-ABR, LLC, the project Applicant. The above regulations permit the Community Development director to extend the deadline if the request is submitted within the approval' s vested rights period and there is a community interest for granting the extension. The subdivision/PUD documents for the project are required to be recorded within 180 days of the receipt of final City Council approval. Final PUD approval, and all associated review approvals, was granted by the Council on August 28,2006, pursuant to Ordinance 26, Series of 2006. Consequently, the subdivision/PUD documents must be recorded no later than February 24,2007. All of the required recordation documents were submitted to the City for review and comment on February 13, 2007. While we hope that the Community Development and Engineering Departments will be able to complete their review in a timely manner, revisions may be required to address any issues which may arise. It should also be noted that the various documents require signature by numerous individuals due to the complexity of the project, and that the documents must be circulated both locally and out of state prior to recordation. As the project's vested rights status remains in full force and effect, and the redevel- opment of the Boomerang Lodge is clearly in the community's best interest, I would appreciate it if you would extend the recordation deadline as provided for in the 230 East Hopkins Ave. ' Aspen, Colorado 81611 ' 970/925-6958 ' Fax 970/920-9310 .. Mr. Chris Bendon February 13, 2007 Page 2 Regulations. While we are amenable to any reasonable extension period, a thirty (30) day extension of the original February 24 deadline would appear sufficient to accom- modate the City's review process and any changes to the documents which may result therefrom. The extended recordation deadline, therefore, would be March 26,2007. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN,~SSOCIATES, LLC 9<464 + U 412* Â·90 {3,Â®01 611Â¥t5 *gjgth) /SurU Vann, AICP APPROVED SV:CWV Cc: Steven R. Stunda FEB 1 3 2007 E. Michael Hoffman, Esq. COMMUNITY DEVELOPMENT DIRECTOR CITY OF ASPEN c :\oldc\bus\city.ltr\ltr48905. cb 1 .. Ordinance is not clear - only five free market units were approved not six. More information on the mitigation information: (Sunny will elaborate on this) - 13 new lodge units not 18 new lodge units o Creates 3.9 employees o Not 5.4 employees o Designated landmarks get an exemption of 4 employees (currently) - Free market housing -- 10,733 of floor area o Affordable housing must be 30% of net livable of Free market housing - we don't have net livable figures to use o Project has 1384 feet of floor area (not let livable) and would need an additional 1836 square feet of net livable o lia studio must be at least 500 square feet of net livable area for a category three unit then 1836/500 = 3.67 employees - The current code allows you to choose which component that you would like to mitigate for based on the larger number of employees generated for the project in this case the project generates 3.9 employees for the new lodge units or 3.67 employees for the free market component o The larger mitigation requirement is 3.9 o The project is also eligible for an exemption of mitigating for 4 employees as a result of the designation o The project was approved for two affordable housing units (1,384 square feet of floor area) Revised 8/6/2009 Page 6 of 6 #Ace - 04*1 mor~- Gac> 0 iaAed 4 2 734,2449 9 COL -40<.Mid twi C.uÂ«6 3'1~- wa-5 6 23) 000 59 LL RECEPTION#: 545869, 01/15/2008 at Chris Bendon -b 97 041-J I EN<.3 /21,â€¢5 12:4259 PM, Community Development 6 F wi 1 OF 6, R $31.00 Doc Code AMENDMENT Aspen, CO 81612 2AH Janice K. Vos Caudill, Pitkin County, CO January 2,2008 ,vvy brl.ct**61.-J (*vQkt< rhu) adkÂ¢,s fas\- Mole it *03- . root-WÂ«Â¢16 -347 /24 4 Re: Boomerang Lodge insubstantial amendment to the PUD - Â£Â·oe* 3,4,dr Chris, oe 40 49 /6 - zers:- This letter with exhibits A, B, C & D contains all of the issues and comments that Plfiming --I and Zoning had regarding the building permit review for the Boomerang Lodge floor OVE - I 34-6 9 Fuv Redevelopment. The following items were discussed and agreed upon at a meeting held at RENO SMITH ARCHITECTS, LLC City Hall on December 27, 2007 between Chris Bendon the Director of Community Development, Jennifer Phelan the Assistant Director of Community Development and Todd 605 W MAiN ST. N Â· 002 Grange Zoning official (Planning Staff) and Richard Spencer of Reno Smith Architects and the ownership representatives Tripp Adams and Steve Stunda. This letter makes up an ASPEN insubstantial amendment to the PUD for the Boomerang Lodge. 81611 COLORADO a. Zoning questioned that the height of the center of the building exceeds the allowable 970.925,5968 building height by 1'-8". Page 2 of the recorded PUD dated 3/21/07 indicates a maximum building height of 36'-6". As a result of insufficient information available FACSIMILE regarding existing grades for the site, the system for measuring building height f-Url became ambiguous. At the meeting it was determined that the current survey would E-MAIL be used and it would be permissible to "connect the dots" from the North prnperty line grades across the area where the demolished building existed. lt was at this time that the center portion of the building was deemed to be 1'-8" too tall and it was ~)( required to lower the center section of the building by 1 '- 11". (see exhibit A & B) This graphic clearly illustrates the complete roof line of the lodge below the 36'-6" datum line (shown dashed). This solution was agreed upon by the entire Planning and Zoning staff present at the meeting. 0371 SOUTHSIDE DRIVE b, Zoning questioned the heights of the mechanical and elevator shafts at the roof. The BASALT COLORADO Mechanical encroachments (elevator shafts, vent chases, chillers) are allowed to 81621 exceed the height limit by a maximum of 5 10". (exhibit A and B) The elevator vent 970.927 6834 shafts protrude past the 36'-6" height limit but are under the allowable 5'-0" as noted in the City of Aspen Zoning Checklist page 4, "Methods of Measurement of Roof He\*W' item e., it shles.' Antennas, chimneys, jlues, vents or similar structures.....shall not exceed 5'-0" above the specijied maximum building height limit. (see exhibit A & B) the indicted elements encroach no more than 4'-0" above the allowable limit. The planning staff at the meeting agreed to this Municipal Code interpretation. 1N3Md013A30 A.LINAMMOD c. Zoning questioned if the large stone wall on the South elevation meets the PUD NBdSÂ¥ 30 AllO intent and found that it was acceptable with the recorded PUD for two reasons; (1) as an n,/4 . architectural "element" to brake-up the horizontal mass of the building. (2) as a ouus V U t..1 functional chase for required fireplace and mechanical venting. (exhibit A & B). The stone walls (South and North elevations) that project a couple of feet above the Lodge's roof line are accepted under IBC 504,3 Roof Structures which states: Towers, spires, ' 03A1303hl steeples, and other roof structures shall be constructed of materials consistent with the required type of construction......shall not exceed 20' above the allowable height if made of combustible materials. This is simply an architectural element to break-up the linear massing of the building. The planning staffagreed that these items-are 9Â£161 4 94 wg 4 2%4016 911 Â«244 @cÂ«*r rkle_J 4 44-44 I. . Page 2 consistent with the recorded PUD documents and should be accepted as such. (exhibit B). %\ ... -7 c. Zoning questioned minor changes in the window placement from the PUD and agreed that there have been a few changes to the placement of windows and that 1 -34_ these minor revisions meet the intent of the PUD. The minor shifting of the rn; windows are a result of chase and duet locations and to provide a reduction of glazing areas to make the building more energy efficient. (Exhibit C and D). The RENO SMITH ARCHITECTS LLC. exterior window arrangements have been altered slightly since the PUD application was recorded. These minor changes were a result of making the building more 605 W. MAiN ST. NÂ° 002 energy efficient as well as a camouflaging technique to hide the required mechanical venting on the exterior of the lodge. Chris Bendon noted that "this had no substance ASPEN COLORADO on the architecture or effect. "(exhibit CID) 81611 d. The Planning Staff understands and accepts that due to the building center being 970 925 5968 pushed down 1'-11" that the patios along the South side of the building would require retaining walls around them as a result of the required egress requirements FACSIMILE for the living areas. The building height will not be calculated from the submerged 970.925.5993 patio, but from the grade at highest point of the retaining wall. (Exhibit B). This E-MAIL determination was agreed upon and accepted by the Planning Staff office@renosmith.corn Note attached exhibits and graphics correspond to each of these above listed items. These items constitute the Insubstantial Amendment according to section 26.445.100 City of Aspen Land Use Code to be included with Boomerang Lodge Subdivision/PUD Final PUD Redevelopment Plan 0371 SOUTHSIDE DRIVE recorded 3/21/2007 at 3:39pm. BASALT COLORADO 81621 Approved by: JQM 1 .704 970 927 6834 Chris Bendon Date Director Community Development RECEIVED 2 6 4/ J.4,1 0 4 or,OR CITY OF ASPEN COMMUNITY DEVELOPMENT THE CITY oF AspEN Land Use Application Determination of Completeness Date: June 26,2009 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0040.2009.ASLU, Boomerang Lodge - extension of Vested Rights. The planner assigned to this case is Errin Evans. El Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing tile land use application. ~~li~Qfour Land Use Application is complete: / If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, j-Mill_j- Jknnifer Phelank]2*puty Director r Cily of Aspen, Community Development Department C:\Documents and Settings\.iennifep\My Documents\planning\Templates\Templates\Land Use Cases\Completeness Letter Land Use.doc