The URL can be used to link to this page

Home My WebLink AboutLand Use Case.500 W Hopkins Ave.0035.2012.ASLU0035.2012.ASLU 500 W. HOPKINS AVE 2735 12 4 49 002 EXTENSION OF VESTED RIGHTS BOOMERANG LODGE U 1 A .. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER *0035.2012.ASLU PARCEL ID NUMBERS 2735 12 4 49 002 PROJECTS ADDRESS 500 W. HOPKINS AVE PLANNER JEN PHELAN CASE DESCRIPTION EXTENSION OF VESTED RIGHTS REPRESENTATIVE MIKE HOFFMAN DATE OF FINAL ACTION 8.15.12 CLOSED BY ANGELA SCOREY ON: 9.6.12 .. A,MJ) 273 5--12 -4--49 -00 2- 0035% 20(2. M Lul ~JJJj j''Ilillillillillilillillillillillillilillillillillillillillil ~#il lis~l I i Elle Edit Eecord Navigats Fgrm Reports Format Iab tlelp i@@ IX ) 9 4 0 *ifu 6 3 ad' 2 i N i / /1 n fl A lump 1 * *~i Ol@j m i .@ 2 *1 J d J *il@ i .3 % a .2 9~ ,f j Rogting 5tatus ~Feei |Fee 5ummarY ~Main ~ Actions 1Attachments IRouting tlistory ~Yaluation ~Arch/Eng |Custom Fields ISub Bermits 4,9 *1 ..1. ~ Permt type =lu Aspen Land Use Permit # 0035.2012.ASLU ; -: Â·0* :,0 1 L.-1 Address ]500 W HOPKINS AVE AptMulte < | F City ASPEN 5tate F-1 N 81611 Pemit I~~.ma~n Master permit Routing queue aslu07 Applied 581/2012 Projed Status pene, Approved -#t kg ; i-~ Description APPLICATION FOR EXTENSION OF VESTED RIGHTS - BOOMERANG LODGE MULTI - Issued i.=ed USE PROJECT '2:Me,â€¢ Closed/Final re Â»U 1 Submitted GARFIELD & HECHT Clock ~Eii~~ Days ~-~ Expires 5/26/2013 i Â·11 Submitted via I I 1- Owner Last name FSP-ABR, LLC 602 N 4TH ST r 1.: Fr~ name ASPEN CO 81611 Phone (970) 925-7604 Address Appkant @ Owner is applicant? Il Contractor is applicant? 1 Last name FSP-ABR, LLC First name 602 N 4TH ST 1 ; ASPEN CO 81611 I Phone (970) 925.7604 Cust # 29293 Address i i 2 i Â· Lender 11 i j v Last name First name 1. - Phone () Address Displays the permit lendets address AspenGold5 (server] angelas ~tewl 1 oi l .:i t 6-1Â£0-* Do \041 9 A+A. Co ~*~ '2*01-ek * S 11 11Â¥ 32% 4 c.r, rboac %1,Â·4'l P. ANewÂ¥* 1, 240 - 0-1 \O ion-462667 r;*6 2.4 f;~% 44#6.4.J:tilÂ·Â¢4Â·;'I 2446,~' 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. Aspen FSP-ABR, 602 N. Fourth Street, Aspen CO 81611 Property Owner's Name, Mailing Address and telephone number Lots K, L. M. N. O, P, O, R and S, Block 31, City and Townsite of Aspen. commonly known as 500 W. Hopkins Ave. Legal Description and Street Address of Subject Property Extension o f Vested Rights approval associated with Ordinance 26 (Series of 2006) Written Description of the Site Specific Plan and/or Attachment Describing Plan Resolution No. 80 (series of 2012) Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 23,2012 Effective Date of Development Order (Same as date of publication of notice of approval.) October 20, 2015 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 248 day of August, 2012, by the City of Aspen Community 3@@kâ€¢Mhent Director. -Sek\-,-U5\94 'Bend~~ommunity Development~~Ector ~ .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: N ~ A , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) Â£ 4~le Sof al (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) or Section 26.306.010 (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 fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signafure The foregoin~ "Affidavit of Notice" was acknowledged before me this 4 day ofA41~*r , 20/2, by AÂ¥91â‚¬41 fow-e<1 PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL 01 1 DEVELOPMENT APPROVAL Notice ls, hereby given to the general public of the approval of the extension of a vested propeny right My commission expires: Ol (61 1 9 for a site specific development plan pursuant to the Land Use Code of the City of Aspen and Title 24, 40#Qh â‚¬.4- -*0-/9411- Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots K, L, M, N, | O, P, Q, R and S, Block 31 of the City of Aspen Townsite and more commonly known as 500 W. 1 Hopkins Ave. Aspen, Colorado. 81611, by resolu- Notary Public lion of the City Council on August 13, 2012 via Resolution No 80 (Series of 2012). For further in- formation contact Jennifer Phelan, at the City of Aspen Community Development Dept. 130 S. Ga lena St, Aspen, Colorado (970) 920-5090. s/ City of Aspen Publish in The Aspen Times Weekly on August 23, ATTACHMENTS: 2012. [8298570] COPY OF THE PUBLICATION U J - County of Pitkin, State -61(616#idl'~- . I. . ) Also known by street and number asÂ· 501 West Main Street, Unit B-202, Aspen, CO 81611 The name, address, business telephone number and Colorado bar registration number of the attorney representing the holder of the evidence of 'debt is: Madhu B. Krishnamurti. Esq., A.R. #31122, Klein, Cotd & Edwards, LLC, 201 North Mill Street, Suite 203, Aspen, Colorado 81611, (970) 925-8700. 1 The District Court of Pitkin County, Colorado has directed the Sheriff of Pitkin County to sell the 1 property described herein at public sale in accordance with the Final Judgment and Decree of Foreclosure. ITHEREFORE, Notice Is Hereby Given that the un- ;dersigned Officer will at public auction, at 10:00 AM ton Wednesday, October 10,2012, at the Pitkin f ;, j V\1/11 .. RESOLUTION NO. 80 (Series of 2012) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 26, SERIES OF 2006 FOR THE BOOMERANG LODGE SUBDIVISION/PUD BEING A PARCEL OF LAND COMMONLY KNOWN AS 500 W. HOPKINS AVE. AND LEGALLY DESCRIBED AS LOTS K THROUGH S, BLOCK 31, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-49-002 WHEREAS, the Community Development Department received an application from Aspen FSP-ABR, LLC, represented by Mike Hoffman, of Garfield and I Iecht, PC, requesting approval of a five (5) year extension of the vested rights for the Boomerang Lodge Subdivision/PUD pursuant to Ordinance No. 26, Series of 2006; and, WHEREAS, City Council adopted Ordinance No. 26, Series of 2006, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of forty-seven lodge units, five free-market residential units and two affordable housing units until October 20,2009; and, WHEREAS, the applicant submitted a subsequent application and was approved for an extension of vested property rights via Resolution No. 58 (Series of 2009) extending the vested rights until October 20, 2012; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a three (3) year extension of vested rights for the lodge development; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the Boomerang Lodge Subdivision/PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal meets regulatory requirements; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and wel fare. RECEPTION#: 591519, 08/21/2012 at Resolution No. 80 (2012) 11:04:55 AM, Page 1 of 3 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO .. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a three (3) year extension of vested rights as approved by Ordinance No. 26, Series of 2006, through October 20, 2015, for Lots K through S, Block 31, City and Townsite of Aspen for the Boomerang Lodge Subdivision/PUD as well as an extension of building permit number 0043.2007.ACBK for the same time period conditioned on the following: 1. That the establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 2. Historic Preservation staff, with notice to the owner, are permitted to conduct site visits on the site to ensure that the designated historic resource is not becoming damaged or neglected. The applicant is responsible for maintaining the condition of the historic resource. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: 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 4: 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 5: A duly noticed public hearing on this Resolution was held on the 13th day of August, 2012 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Resolution No. 80 (2012) Page 2 of 3 .. FINALLY, adopted, passed, and approved by a four to zero (4-0) vote on this 13th day of August, 20 12. Approved as to form: Approved as to content: James R. True, City Attorney Michael C. Ireland, Mayor Attest: IL 421 44-- kathryn S. 1~Rh, City Clerk Resolution No. 80 (2012) Page 3 of 3 '9 .. Regular Meeting Aspen Citv Council August 13,2012 ORDINANCE #21, SERIES OF 2012 - Hume Subdivision Amendment Councilman Torre moved to read Ordinance #21, Series of 2012; seconded by Mayor Ireland. All in favor, motion carried. ORDINANCE N0. 21 (SERIES OF 2012) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO CONDITIONS 4 AND 5 IN SECTION 1 OF ORDINANCE 15, SERIES 1992, WHICH ESTABLISHED THE IIUME LOT SPLIT AND AFFORDABLE HOUSING MITIGATION REQUIREMENTS FOR DEVELOPMENT ON LOT 2, LEGALLY DESCRIBED AS: HUME LOT SPLIT, LOTS 1 & 2, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Jessica Garrow, community development department, told Council this is for a property on Lake Avenue which was approved for a lot split in 1992 with a historic house on lot 1 and lot 2 a vacant lot. At that time, the land use code required an ADU for any new development. Ms. Garrow noted the land use code has different housing mitigations and the applicant is requesting an amendment to the conditions so they can meet the housing obligations without building an ADU. Staff is recommending in favor. Mayor Ireland moved to adopt Ordinance #21, Series of 2012, on first reading; seconded by Councilman Skadron. Roll call vote; Torre, yes; Johnson, yes; Skadron, yes, Mayor Ireland, yes. Motion carried. RESOLUTION #80, SERIES OF 2012 - Boomerang Extension of Vested Rights Jennifer Phelan, community development department, told Council this is a request to extend the vested rights for a lodge project approved in 2006 for 47 lodge units, 5 free market and 2 affordable housing units. In 2009, Council approved an extension o f vested rights for the lodge project to October 2012. Council approved an affordable housing project in 2011. A lawsuit was filed by the adjacent property owners and is currently in litigation. Mayor Ireland moved to approved Resolution #80, Series of 2012; seconded by Councilman Johnson. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Ms. Phelan asked a condition be added that the historic preservation staff has the ability to check the current condition ofthe historic resource and to continue site visit to insure that the historic resource is not becoming damaged or neglected. Mayor Ireland moved to amend Resolution #80, 2012, to add the above condition; seconded by Councilman Johnson. All in favor, motion carried. . 5 .. MEMORANDUM Val~ TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director |~,~UA,1 FROM: Jennifer Phelan, Deputy Planning Director(~~~3:> RE: 500 W. Hopkins Ave. (Boomerang Lodge), Extension of Vested Rights - Resolution -28 Series 2012 - Public Hearing MEETING DATE: August 13,2012 APPLICANT /OWNER: PROPOSED LAND USE: Aspen FSP-ABR LLC, Steve Stunda Applicant requests an extension o f the vested rights for the lodge development as the property is REPRESENTATIVE: currently in litigation. Michael Hoffman, Garfield and Hecht P.C. STAFF RECOMMENDATION: Approval of a 3 year extension. LOCATION: 500 W. Hopkins Ave. SUMMARY: The Applicant requests an extension of their vested CURRENT ZONING & APPROVED USE rights for the original lodge development approvals. Medium-Density Residential with a Lodge Preservation and Planned Unit * development overlay (R-6/LP/PUD). -4 = it. Boomerang Lodge approved in 2006 for Â« . 47 lodge units, five free market resident - . units, two affordable housing units. . , * W I 9 , 1,P,et" .' . Â·r Â»â‚¬9 ,~Ly, Y 7,4 - p '' 4 , p . *: 1 ==20.- 66. 4 ' -9 Existing East Wing of Boomerang Lodge. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: â€¢ Extension or Reinstatement of Vested Rights to reinstate the vested rights of the approved residential project, pursuant to Land Use Code Section 26.308.010 C., .. Extension or Reinstatement of Vested Rights. (Citv Council is final review authoritv who may approve or deny the proposal). PROJECT SUMMARY: The Applicant has requested an extension of their vested rights for the project approved by Ordinance No. 26, Series of 2006, which allows the applicant to develop the site with forty- seven (47) lodge units, five (5) free-market residential units and two (2) affordable housing units. The Applicant received an extension of their vested rights through October 20, 2012, via Resolution No. 36, Series of 2006. Since the extension of the vested rights for the lodge development, the Applicant has submitted and been approved (via Ordinance No. 9, Series of 2011) for an alternative development plan on the site consisting of forty affordable housing units; however, the affordable housing development project "was effectively stayed by a lawsuit filed by neighbors of the property in August 2011," as noted in the application. Applicant requests an extension of the vested rights for the lodge development due to the uncertain status and outcome of the lawsuit. Applicant initially requested a five year vesting period but, after discussion with staff, is willing to consider a three year extension. STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting an extension of the vested rights for the original lodge approval. Staff is recommending a three year extension due to the current lawsuit. The Applicant is requesting the extension of their vested rights because the Applicant cannot allow the lodge project's vested rights to expire during a lawsuit on the alternative affordable housing approval. Staff believes a three year extension is reasonable under the current circumstances associated with the property. RECOMMENDATION: Staff recommends that the City Council approve the requested extension of vested property rights for the original lodge project for a period of three years, extending the vested rights to October 20, 2015. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No.~ Series of 2012, approving an extension of vested property rights for the Boomerang Lodge development (originally approved by Ordinance No. 26, Series of 2006)." CITY MANAGER'S COMMENTS: ATTACHMENTS: .. EXHIBIT A - Review Criteria and Staff Findings ExHIBIT B -Application for Extension of Vested Rights, dated May 31,2012 .. Exhibit A EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS Section 26.308.010.C., Extension or Reinstatement of Vested Rights, ofthe City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. 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 conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding: The Applicant was required to record the final plat, final PUD plan, and Subdivision/PUD agreement which is required as part of Ordinance No. 36, Series 2006. Those documents were recorded. Stafffinds 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; Staff Finding: In addition to recording the necessary plat and associated documents, the Applicant had submitted a building permit application to build the approved lodge prior to the recession. Stafffinds 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 land dedications; Staff Finding: The Applicant, thus far, has paid a number offees associated with the lodge development in the form of land use reviewfees and building permit fees. Stafffinds this criterion to be met. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Staff Finding: Staff believes that the City would be served well with a hotel or affordable housing at this location; however, due to the current lawsuit associated with the affordable housing approval the applicant is facing some uncertainty with regard to the property. It is reasonable to extend the vested rights Of the lodge for three years. Staff finds this criterion to be met. .. RESOLUTION NO. ~~ (Series of 2012) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 26, SERIES OF 2006 FOR THE BOOMERANG LODGE SUBDIVISION/PUD BEING A PARCEL OF LAND COMMONLY KNOWN AS 500 W. HOPKINS AVE. AND LEGALLY DESCRIBED AS LOTS K THROUGH S, BLOCK 31, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-49-002 WHEREAS, the Community Development Department received an application from Aspen FSP-ABR, LLC, represented by Mike Hoffman, of Garfield and Hecht, PC, requesting approval of a five (5) year extension of the vested rights for the Boomerang Lodge Subdivision/PUD pursuant to Ordinance No. 26, Series of 2006; and, WHEREAS, City Council adopted Ordinance No. 26, Series of 2006, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of forty-seven lodge units, five free-market residential units and two affordable housing units until October 20,2009; and, WHEREAS, the applicant submitted a subsequent application and was approved for an extension of vested property rights via Resolution No. 58 (Series of 2009) extending the vested rights until October 20,2012; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a three (3) year extension of vested rights for the lodge development; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the Boomerang Lodge Subdivision/PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and. WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal meets regulatory requirements; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. .. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a three (3) year extension of vested rights as approved by Ordinance No. 26, Series of 2006, through October 20,2015, for Lots K through S, Block 31, City and lownsite of Aspen for the Boomerang Lodge Subdivision/PUD with the following condition: 1. That the establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: 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 ordin ances. Section 4: 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 5: A duly noticed public hearing on this Resolution was held on the 13th day of August, 2012 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a to__ CO vote on this _ day of ,2012. Approved as to form: Approved as to content: .. James R. True, City Attorney Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk .. Exhibit A EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS Section 26.308.010.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. 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 conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding: The Applicant was required to record the final plat, final PUD plan, and Subdivision/PUD agreement which is required as part of Ordinance No. 26, Series 2006. Those documents were recorded. 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; Staff Finding In addition to recording the necessary plat and associated documents, the Applicant had submitted a building permit application to build the approved lodge prior to the recession. Statffinds 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 land dedications; Staff Finding: The Applicant, thus far, has paid a number offtes associated with the lodge development in the form of land use review fees and building permittees. Statflinds this criterion to be met. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Staff Finding: Staff believes that the City would be served well with a hotel or affordable housing at this location; however, due to the current lawsuit associated with the affordable housing approval the applicant istlicing some uncertainty with regard to the property. It is reasonable to extend the vested rights of the lodge Jbr three years. Staff finds this criterion to be met. .. â€¢ *fomÂ« 4, MAY 3 1 7: 1 2 CITY i ASPEN OFFICE GARFIELD & HECHT, RC. COMMUNITY UativPMENT 601 East Hyman Avenue Aspen. Colorado 81611 Telephone (970) 925-1936 ATTORNEYS AT LAW Facsimile (970) 925-3008 Since 1975 www. garfieidhecht.com E. Michael Hoffman E-mail: mhoffmanl(ED;:arfieldhecht.com Phone: (970) 544-3442 May 31,2012 Mrs. Jennifer Phelan, Deputy Director Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Request for Extension of Vested Rights for a Condominiumized Lodge on the Boomerang Lodge Subdivision/PUD. Dear Jennifer: This letter constitutes an application to extend the vested rights for the mixed-use condominium lodge/residential approval for the Boomerang Lodge Subdivision/PUD (the "Lodge Approval"), which was initially approved by the Aspen City Council on August 28, 2006. The Lodge Approval became a Development Order of the City of Aspen Community Development Department with an effective date of October 20,2006. The Development Order and vested rights for the Lodge Approval were granted a three-year extension, through October 20,2012, in Aspen City Council Resolution No. 58 (Series of 2009)("Ordinance 58"). Copies of the Lodge Approval, the Development Order and Ordinance 58 are attached hereto as Exhibits 1, 2 and 3. The Boomerang Lodge Subdivision/PUD is located on Lots K through S, Block 31, City and Townsite of Aspen. 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 Code (the "Code") by the owner of the property, Aspen FSP-ABR, LLC (hereinafter "Applicant")(see Exhibit 4, Letter from Garfield & Hecht on ownership of the property). A copy of the Pre-Application Conference Summary for this request is attached hereto as Exhibit 4. Permission for Garfield & Hecht, P.C., to represent the Applicant is memorialized in a letter attached to this application as Exhibit 5. A land use application form, an application fee agreement, and list ofproperty owners located within 300 feet of the Boomerang site are attached as Exhibits 6,7 and 8, respectively. .. Mrs. Jennifer Phelan May 31,2012 Page 2 1. Current Status of the Property and Related Land Use Approvals. The Applicant seeks to extend its vested rights to build the mixed-use lodge approved for the Boomerang site by the City of Aspen in 2006. The Lodge Approval is still viable and still vested because (a) it was extended by City Council through October 20,2012 by the adoption of Ordinance 58, and (b) although an alternative development plan was approved for the property in 2011, that approval was effectively stayed by a lawsuit filed by neighbors of the property in August of 2011. In the absence of a final plat and a subdivision improvements agreement ("SIA"),1 the City's approval of an affordable housing project on the site remains in a latent status. Finalizing the plat and SIA prior to disposition o f the lawsuit is likely to be an exercise in futility for both the City and the Applicant. There can be no certainty concerning the 2011 approval until a "final judgment" has been entered in the neighbors' lawsuit. The neighbors' lawsuit, Pitkin County District Court Case No. 11 CV 178, was fully briefed in late February of 2012. The Court could rule on the principal aspects of the case at any time. Depending on the judge's decision, a trial might be necessary to apply Constitutional law to the facts of the City's consideration of the application. That process will necessarily consume at least four to six months. Whether or not a trial is needed, it is likely that the "losing party" will appeal the Court's decision to the Colorado Court of Appeals. The appeal will probably take two years to complete. Depending on the outcome of the appeal and the issues found important by the appellate court, any party disgruntled by the decision might appeal the decision to the Colorado Supreme Court. That further appeal could consume another two to three years. In the meantime, vested rights for the Lodge Approval expire in October of 2012. Rather than risk owning a 27,000 square foot parcel in Aspen which has no vested development rights, the Applicant seeks to extend vesting for the Lodge Approval for an additional five (5) years. This time period should provide ample time for the Pitkin County District Court Judge to decide the case and for all appeals to be exhausted. 2. Background of the Lodge Approval 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 (Exhibit 10). Final PUD approval; subdivision and condominiumization approval; a rezoning; and vested property rights were granted to the project on August 28,2006 pursuant to the Lodge Approval. 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 11). As mentioned above, the Development Order was initially issued by the Community Development Department with an effective date of October 20,2006 and extended to October, 20 2012 in Ordinance 58. 1 See Section 3 of Ordinance No. 9 (Series of 2011), which Ordinance is attached hereto as Exhibit 9. .. Mrs. Jennifer Phelan May 31,2012 Page 3 3. Review Standards for Request for Extension of Vested Rights. Pursuant to Section 26.308.010.C. of the Code, 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 responses thereto, are summarized below. a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Section 7 of the Lodge Approval 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 Lodge Approval 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 and the plat, PUT) plans, and subdivision/PUD agreement were recorded with the Pitkin County Clerk on March 21, 2007. In addition to the above, Section 17 of the Lodge Approval required the Applicant to initiate the designation o f the East Wing o f the former Boomerang Lodge as a Historic Landmark prior to recordation of the project's subdivision plat. An application for historic designation was submitted on February 9. 2007 prior to the plat's March 21, 2007 recording date. As noted previously, the relevant portion of the project site was officially designated by the City Council on June 115 2007 in Ordinance No. 21. 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 made diligent efforts to obtain the requisite building permits for the project. These efforts included, among other things, 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 totaled approximately $2.9 million. Pursuant to various department-wide and site specific decisions of the Building Department, the Applicant may pay the remaining fees due and build in accordance with the original building permit for the lodge project through October 2012. A copy of a letter from Chief Building Official Stephen Kanipe memorializing that continuing right is filed with this application as Exhibit 12. .. Mrs. Jennifer Phelan May 31,2012 Page 4 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 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. d. 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 pursuant to the Lodge Approval was stopped by the absence of providers of construction financing for the lodge project and of lenders willing to provide permanent financing to buyers of units in the project. During the review process for the affordable housing project, many neighbors of the site said that they preferred the lodge project to the affordable housing proposal for various reasons. Presumably construction of the lodge project would assuage the concerns of the neighbors and obviate the continued need of the City to fund litigation costs related to the neighbors' lawsuit against the affordable housing approval. No community benefit will result from expiration of the Applicant's vested rights to build the lodge project, especially in light of the uncertainty surrounding the outcome of the neighbors' litigation of the affordable housing approval. Without vested rights to build something of value to the community on the property, the Applicant will not be able to redevelop the project and revitalize this important parcel within the City. Given the continuing uncertainty of the financial markets for the construction of hotel and lodge projects, and the uncertainty arising from the neighbors' lawsuit, the Applicant respectfully requests that vested property rights for the Lodge Approval be extended for a period of five years from October 20, 2012, or through October 20, 2017. Thank you for your consideration. Sincerely, E. Michael Hoffman .. Mrs. Jennifer Phelan May 31,2012 Page 5 Table of Exhibits Exhibit 1 - Lodge Approval Exhibit 2 - Development Order Exhibit 3 - Ordinance 58 Exhibit 4 - Pre-Application Conference Summary Exhibit 5- Letter from Garfield & Hecht on Ownership of the Property Exhibit 6 - Representation Letter Exhibit 7 - Land Use Application, Agreement to Pay Application Fees and Vicinity Map Exhibit 8 - List ofProperty Owners within 300 feet of the Boomerang Site Exhibit 9 - Ordinance No. 9 (Series of 2011) Exhibit 10 -P & Z Resolution No. 18, Series of 2006 Exhibit 11 - Ordinance 21, Series of 2007 Exhibit 12- Letter from Chief Building Official Stephen Kanipe Memorializing Continuing Right to Utilize Existing Building Permit. .. Exhibit 1 Ordinance No. 26 (SERIES OF 2006) EFILED Document CO Pitkin County District Court 9th JD AN ORDINANCE OF THE CITY OF ASPEN CITY dÂ¢*NettlekvtÂ¥N*,OPM MST rling 11):4242//46 APPROVAL OF THE SUBDIVISION, PLANNED upigiwix#(Ang ison 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 %20/4 for the redevelopment of the Boomerang Lodge located at 500 West Hopkins Avenue and m-10 known legally as Lots K through S of Block 31, City and Townsite of Aspen, Pitkin ~ &~ iD 4-0 County, Colorado; and, WHEREAS, the site cuIrently contains 34 hotel units in a structure of r,7â€ž,= approximately 23,000 square feet of Floor Area and surface parking located pIimarily M 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 ~31&' 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 â€žâ€žM 0 Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments as a result of the Development Review Committee meeting; ands 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 EXHIBIT No. 26, Series of2006 90.,0 00' 99 21 03 Al in IX/Ld 111 A C COA 30 ' 4/ 0 WHEREAS, punsuailt to Section 26.304 of tile 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 ofthe 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 ill Exhibit A of the August 28,2006, staff - : memorandum and the conditions of approval listed hereinafter. NOW, THEREFORE, BE IT ORDAJNED BY THE CITY OF ASPEN Â©TrY 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,Â· subject to the requirements listed hereinafter. Section 2: Approval for Subdivision, Rezoning for PUD OverlaÂ¥. and PUD Final ===:=ia@E~ Development Plan - 53 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 gg~g Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements - listed hereinafter. -.-=.- Section 3: Project Dimensions The following approved diillensions of ille project shall be reflected in the Final PUD Plans: 44:Olmwarihiblh tifi:--R~46 .DistrittftÂ«ffEkist-16603:44 044fbk449 NitÂ»-1-063~-1:.>.p:{-14. *---Re4ut,+AlÂ«rettÂ«49Â«â‚¬Â«Â¢Â»JemiÂ»h-%21Jz:~32j~-e6266 2t=~,Q- -~ ~~~4;ttltlil~ 414*444*iÂ·thjÂ·ift APUDI-56 Minimum Lot Size 6,000 s.f. 27,000 s.f. 27,000 s.i | Minimum Lot 60 ft 270 ft. 270 n. 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 of2006 -2- 30~ 10500 jill Inc 1]00#11 N I>(1 11 Ontio SOA I 30 INWf' Minimum Rear 5 ft. 0-2 ft. 5 ft. on north Yard Setback (second Roor balcony overhang 4' 53 Maximum Height 25 ff. pitched roofs 30 ft. on alley 36' 6' feet (set in PUD for 20-25 ft on east maximum, roof 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, - e (r, 'St 9 A e Q Lodging Set in PUD .85 = 23,000 s.f. .87:1 = 23,547 s.f. 0) 08!e N 0.2 Ave. Lodge Size Set in PUD-500 sq. 340 S.f. 501 s.f. fldesirable 2 22 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 - im Section 4: TrashfRecyclinE 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 arc 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 dced restriction for the affordable housing units such that an undivided 1/10th of 1 percent of the property is deed restricted in pupetuity 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 of2006 -3- 90:90 11\11<11* m AI 11 l ili i Flll UL lilli 00'96 Y 00 A NI>11 d 1-OnT SOA r 30INIr .. 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 ofmore 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 pIice. At such time if the units ; become ownership units, these units will establish an independent homeowners association. * Section 6: Additional Trip Generation and PM10 Mitifiation 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) all electric vehicle for use by owners/gusts of tile 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. e Section 7: Subdivision Plat and PUD Plans - e Cr)%&% Within 180 days after final approval by City Council and prior to applying for a Building (9. A m Permit, the applicant shall record a Subdivision Plat and Final PUD Plans. The g .. 51 Subdivision Plat shall comply with current requirements of the City Community 1 10 2 5 Development Engineer ant in addition to the standard requirements, shall include: 1. The final property boundaries and disposition oflands. l 2. The location of Revocable Encroachments for physical improvements within === public rights-of-way, including parking to be designated to the I_,odge, with - reference to agreements md 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 Iight-of-way 7.- 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 9 1 provided to the GIS Depaltment prior to issuance of a Certificate of Occupancy In addition to the standard requirement ofSection 26.445.070.B. the Final PUD Plans shall 1 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- f, 1 0 00'99 21 00 ki4100 NI>IlId 11 .*080 901 >â‚¬ 37 .. 3. A general sidewalk and CUIi) 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 deterinined 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 iloor plans of each level of the building depicting uriit divisions. Section 8: Subdivision and PUD Afireement 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 g within public rights-of-way with reference to their locations depicted on the -5 Subdivision Plat. e CO 4- h Q M Â°24 2. In order to secure the performance of the construction and installation of (31 0 2 a improvements in the public rights-of-way, the landscape plan, and public facilities 01 4 2 (f) 73 performance security shall include and secure the estimated costs of proposed if) a S 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 $13,111 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 Z final calculation atthetime of PUD Agreement acceptance: -7 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: r.-4 34 Lodge Units 29-studio units @ $ 1,520 p er unit =$44,080 3 two-bedroom units @ $2725 per unit =$8,175 City Council Ordinance No, 26, Series of 2006 -5. 11 --11 - -- : --1 lillie 00'99.H 03 Al.Â·00 91)112 -1110.MUD 581 W r .. 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 4 payment shall be accepted. Amendments to the Project or to the fee schedule adopted ! prior to issuance of a building pennit shall require a new calculation. e &65- G e 01,920 Other Impacts Fees. The project shall be subject to amendments and additions to the 01 Â·- r. 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: Saaitatio~ 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 compliahce with the District's rules, regulations, and specifications, which are on file at the Distlict office at the time of constuation- i 2. Applicmt's engineer will be required to give the district an estimate of anticipated ~ daily average and peak flows from the project. 1 3. A wastewater flow study may be required for this project to be funded by the i applicant. 4. All clear water connections are prohibited (roof, foundation, perimeter, patio I 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 i 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 Inust have containment provisions and must preclude discharge to the public sanitary sewer system- 9, Plaiis 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- 99 H 03 A: NnO ' d 11 -030 504 >I 3/INer :%00 -11 Ill 11Il Il[Il ll [ I - ~~ .. I 0. When new service lines are required for existing development.the old service lines i must be excavated and abandoned at tile main sanitary sewer line according to : specific ACSD requirements. 11. Below grade development may requim installation of apumping 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. v 13. Permanent improvements are prohibited in areas covered by sewer easements or .1 4- " e 0 right ofways to the lot line of each development. m 4- h G 14. All ACSD total connection fees must be paid prior to the issuance of a building m JIES; & 0 permit. S# *R 15. Where additional development would produce flows that would exceed the to a G planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed lo eliminate the - downstream collection system or treatment capacity constraint. Additional === i proportionate fees would be collected over time from all development in the area - of concern iIi 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 ~=-C timeline for plat and PUD/SIA agreement recordation, identit, 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 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 includs: 1. A construction management and parking plan Ineeting the specifications of the City Building Department. 2. An estimated construction schedule with estimated schedules for construction i phases affecting city streets and infrastnicture 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. i 3. A notice to be sent to neighboting 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- 00'99 21 00 ALâ€¢1103 N->ILId 11Ign in 504 3DINet ' 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, watedng of haul loads 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 propelty 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 g -G 5. Recycling facilities, in addition to trash facilities, for the period of construction, (,1 16% CO e <50 0 'Â° 2 a Section 14: Buildine Permit Requirements N Uy The building permit application shall include/depict: (9 n LD a s 3 1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use .J 11 approval. 2 A letter from the primary contractor stating that the approving .Resolution and i 's Ordinance have been read and understood. ' M 2. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for setvice 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 iniprovements --= with an inigation 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. Inthe 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. 1 0. An asbestos .inspection report. Prior 10 remodel, expansion or demolition of any public or commercial building, including removal of drywalt 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 of2006 -8- -- Â·!*1 11. C.. Pl ,-:1 X 3)IN8C . asbestos, the demolition can proceed. If- asbestos is present, a licensed asbestos r 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 watenng of disturbed areas including haul roads, perimeter silt fencing. as- s ' needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, "e and the ability to request additional measures to. prevent a nuisance during m 'ss* construction. The applicant shall wash tracked mud and debris from the street as 52.Ze necessary, and as requested by the City, during construction. Submission of a fugitive r.1 Â·Â· N I. g G dust control plan to the Colorado Department o f Public Health and Environment Air (9 23 10 a. S e Quality Control Division may also be necessary. 13. A study performed by a Colorado licensed Civil Engineer demonstrating how the r----- m required excavation of the site may be performed without damaging adjacent i 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 incoIporate accessible ramps according to the current standards and meet with the approval ofthe City Engineer. --*9 16. A utility plan meeting the standards ofthe City Engineer and City utility agencies. 17. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintins sodiment 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 Durine 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. Constniction 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- 1 1.Nrt C IX.LId 11IUM ill limilintillili\1-1~- ~Â®ittlf .. 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 tile final plat the ow-ner shall initiate the designation of the "East Wing" of the Boomemng 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 m e e s 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 specilic conditions. Section.19: Ihis 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 tile validity ofthe remaining portions thereof Section 21: That the City Clerk is directed, upon the adoption ofthis Ordinance, to record a copy in the office of the Pitkin County Clerk and Recorder. INTRODUCED, READ AND ORDERED PUBLISHED as pr*<ld, by Iaw. by the City Council of the City of Aspen on the 20 day of June, 2006. --7 42Â«f IIelen Kalin Klauderud, Ma~or ATTEST: City Council Ordinance No. 26, Series of2006 - 10- * 90&~01 (3:fi Ifi u lili ~ infi ill _Ill il lilli 2 11 l ill 1 Alir,0 Nr*lid 11Id-br SeN >Â¢ 3 I INblr A.*14 AM,d 6~ I ~ Â§atÂ®Bf#diFY<ju 4. - rbi. .... 05 .4 FIN*lY,adopted, passed ami approved tli is 28~ day of~gdshf_21]OG- rl -4. Kathryn Sal~*h, (tity Clerk Melen Kalin KrhÂ¥~,mud;'Ma;yor S E A Lj 1 APPROVED A~ TO FORM: rol.GAP <40 7 , f 1041 (Atfxta P . NgÂ»., CiÂ«Aorney 532933 01/02/2007 04:05 Page: 11 of 11 City Council Ordinance No. 26, Series of2006 -11- 1111111111111111111111111111111 11111111 lilli ill'll 03/14/2007 09:36 535392 Page: I of 7 JANICE K VOS CAUDILL PITKIN COUNTY co R 36.00 D 0.00 NOTICE OF APPROVAL For An Insubstantial Amendment to the Boomerang Lodge Redevelopment Planned Unit Development, An Amendment to Ordinance No. 26 Series of 2006 Parcel ID No. 2735.124.49.002 APPLICANT: Aspen FSP-ABR, LLC cio Steve Stunda, 11921 Freedom Drive #950, Reston, VA 20190 REPRESENTATIVE: Reno - Smith Architects, LLC, 605 W. Main Street No. 02 Aspen, CO 81611 SUBJECT OF Boomerang Lodge Redevelopment PUD, Ordinance AMMENDMENT: No. 26, Series of2006 re. Height and Average Lodge Unit Size SUMMARY & STAFF EVALUATION: On behalf of Aspen FSP - ABR, LLC, Reno - Smith Architects, represented by Augie Reno, has applied for an Insubstantial Amendment to the Boomerang Lodge Redevelopment PUD, Ordinance No. 26, Series of 2006 The Applicant proposes an amendment to change the allowed roofÂ·height of a portion of the fourth floor of. the lodge due to a requirement by the City of Aspen Building Department regarding the minimum ceiling height within a unit. Whereas the building code requires additional space for the ceiling height and additional insulation, the. requested PUD amendment is to allow for 12" of additional height only on a portion of the 4[h floor. Staff finds this is necessary to accomplish the building code requirements. The second insubstantial PUD amendment request has to do with the average unit size of the hotel units from 501 to 521 square feet. The unit number and average size changed many times over the course of the review before the Planning and Zoning Commission as well as the City Council. The third floor over the "historic" Boomerang section was eliminated and other sections o f the fourth ftoor were eliminated which reduced density of units and average size. The City Council had found that an adjustment to the "average unit size standard" was acceptable because it met the review criteria of the Land Use Code allowing such deviation. Staff also finds consistency with the criteria that allow this amendment. They are as follows with staff' s findings in italic: â€¢ The average unit-size standard may be amended by a maximum of 20% to perrnit an average units size of 600 square feet. (The proposal meets this standard.) â€¢ The project includes a generous amount of non-unit space, amenities, and services for guests of the lodging operation. This can be both internal and external. (The 1 .. i IL\\\ Illl Immulti limmul\Ul \\\ 11\\1 \ 11 1111 03/14/2007 09:36Â¢ 535392 Page: 2 of 7 JANICE K VOS CAUDILL PITKIN COUNTY CO R 36,00 0 0.00 proposal keeps the unique original pool. original meeting/brealÂ®st room upstairs \ in the old east wing to be named the "Patterson Room . The project includes a lounge/ library, multi-purpose room and concierge area and services,) \ â€¢ The project provides a range of unit sizes and configurations to be attractive to a broad segment of potential guests. Flexible units are encouraged. (Units range in t size from 370 to 900 square feet. and include multi-room suites forfamilies.) â€¢ There exists a system or strategy for the project to maximize short-tenn occupancies. (The lodge will be traditional in nature providing a walk-in opportunity for traveling guests. The lodge is not fractionalized. and rooms can not be occupied for more than 30 consecutive days.) In order to amend a specific provision of the ordinance that approved the PUD original!y, a PUD Amendment must be approved. Staff supports the proposed amendment because these are technical in nature and are for the purposes of clarifying and correcting the calculation of average room size. Furthennore, Staff finds that the amendments are in keeping with the overall expectations of and representations made to the City Council to the extent that the changes do not change the overall character or impacts to the i neighborhood, nor do they diminish the public benefits that are achieved by the project. At the time of the City Council hearings, while there was a great deal of focus on the ! height of the building, the building had been set higher than the level that is now being proposed. Now, it is necessary due to building code reasons having to due with ceiling : height requirements, that only certain sections of the height must be increased. The average room size changed by Virtue of the removal of the once-proposed third floor over the "historic" Boomerang section and two hotel units in the northwest section of the building. Staff finds that the proposed amendment meets the criteria for an insubstantial amendment pursuant to section 26.445.100 of the City of Aspen Land Use Code. DECISION: The Community Development Director finds the InsubstantiaI Planned Unit Development Amendment to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the amendment as specified below. This approval document shall be recorded and the final PUD plans shall reflect the amendments contained herein. The exact areas of the amended height shall be shown on the final PUD plans. APPROVED BY: 945 DI.+- \ 1 1 -1- lo-+ Chlfs Bendon Date Community Development Director Attachments: Exhibit A - Review Criteria Checklist Exhibit B - Letter ofRequest from Reno-Smith Architecture, dated December 4,2006 2 .. f filibi Illig litiff ill I flill- lililisill I i ilill 11 1-li 03/14/2007 09:36Â£ 535392 Page: 3 of 7 JANICE K VOS CAUD-LL PITKIN COUN-Â¥ Co R 36 -00 0 0.00 EXHIBIT A Insubstantial PUD Amendment Checklist 26. 445.100 Review Criteria AM insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: Mf The proposed amendment does not change the use or character o f the development. GY The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. ; f 13 The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. 4 The proposed amendment does not decrease the approved open space by greater than three (3) percent. IE~ The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. lif~ The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. The proposed amendment will not enact a change which is inconsistent with a condition or representation of the project' s original approval or which requires granting a variation from the project' s approved use or dimen;sional requirements. 3 E 4 R Echilot't 3 AUGUST 1111'MI mlm'111-11'mimimj- 11111111111 03/14/2007 09.36Â£ 1 535392 RENO Page: 4 of 7 AZA JANICE K VOS CAUD.LL PITKIN CJLA-Y Co R 36.00 D 0-00 SCOTT 5MITH AIA December 4,2006 Mrs. Joyce Allgaier City o f Aspen .,33 Int Community Development Department 130 South Galena Aspen, CO 81611 RENO < SMITH -ARCITTYECTS, LLC 1l I RE: Boomerang Lodge Insubstantial Amendment to the PUD agreement 605 W. MAIN STREET NO 002 Dear Joyce, ASPEN We have two (2) issues we respectfully request be considered as an COLORADO insubstantial amendment to the PUD agreement. 816j1 The first issue is a request that a portion of the fourth (45 floor 970.925.5968 roof, specifically the section that was approved at a height restriction of FACSIMILE 34'-6", be allowed to increase by an additional 12". This would set the 970:925.5993 height restriction at 35'-6". EMAI L Our reasons for this request are twofold. The first reason is that 0?ficc@rer,05:nith.com with the current height restriction of 34'-6" we are unable to provide minimum ceiling heights of 7'-6" as required by the International Building Code. As currently designed, we have ceilings that are just below 74)". 0371 SOUTH SIDE DRIVE The other reason for our request has to due with the required BASALT th structure and insulation for the roof of the fourth 0 ) floor. We allowed COLORADO for 12" of structure and insulation in our original design and come to find 81621 out that we actually need 18" for this assembly. 970.927.6834 The additional 12" in height restriction (35~-6") would allow us to FACSIMILE comply with minimum ceiling heights and would enable us to provide the 970.927.6840 necessary structure and insulation for the fourth (4% floor roof. Don will get you the plans. Attached are the original and revised . b. roofplans. DEC 1 1 2006 Aorl:N BULDING DEFAQTMENT .. lilliÂ·imIER[Ill[ illimmillwlli : 535392 r Page: 5 of 7 03/14/2007 09:36# JANICE K VOS CAUDILL PITKIN COUNTY Co R 36.00 D 0.00 The second (2nd~ issue relates to the average room size for the hotel , units. The approved average hotel unit size was 501. We request that this average be increased to 521 (a 4% increase), During the approval process we eliminated the proposed third (3rd) floor at the Eastern historic section of the building. This elimination reduced the hotel unit count by five (5) units. We eliminated the stairwell at this portion ofthe building. Wc also eliminated two (2) hotel units at the Northwest section of the building, The total hotel unit count was reduced by 7 (a 13% reduction). The associated square footage for this reduction has increased the average hotel unit size. We overlooked these issues during our rush to revise andre-submit 1 to the City Council during tbe approval process. I apologize for the oversight and hope you understand. As we previously discussed these issues, please contact me with any questions you may have. 001 intent is to have the PUD Agreement recorded mid-January 2007. We hope to have this insubstantial amendment request as part of the record. Thank you for your consideration and help. Respectfully Yours, August G. Reno, AIA cc: S. Stunda S. Vann - T. Adams D. Shi S. Smith i . 1/- t DEC 1 1 :al) I.U. .... BUILDING R.F I.,4Dlon' b'/ C~ DU.rELOPtlE,â€¢T ,3 1.1..* Ill'milillim'111'Imll'Um'Imill"Imm'! An/:0= z...6. r35392 L - .....r JANICE x V05 CAUDILL Pl TKIN COUHTY CO R 38.80 D 0.00 4 rRI/Â·rÂ·r'.0, 11,1 mrÂ· ./C U. liD A A m-#TE, U'F' *1 K MA 181 1 1 , : .1. 1 . 1 - 1 1 1 1 ~t 11 ... . , , %29Â¢Ay . .... , Â£2=41:=aba:~7K I V'l . RENO Â· SM)H ' R C:11 It 'C T S 21 21:3-:i...:ti ke:,c c #-1 - ,Â· U[Â·.bL g-f & 1 ..ij.flt; 'IUM. G 003 SID<107[ DNVHWWOOQ 3,2027.1; & .........r 1 1 ..... Ill 1 1 la 1 16 1 1, 1 .1 ta I I k f :1 1, ..TI: 3,4.1 f i i 1 11 - . 4- 7, :f.0.:211*t f; i 41 ...44 inG, r.], , $ I. Ci ...2 ' ' Â·* Ii. . 5 1/ .r i 1 . It 3. . 4 * F Lt 6 s. 0: 0.4 H L t' L Â·jt tf Â· 1 I r ' i 1 . t. AN .... R.:4 ,-13=A*4.......f'.9 ...1 . : ~ i.â„¢ "-4?7.:J -PJJ H ..+''.- -- -I.. 1 ~ 3 2,1.3 -,4 f. 11,1 ) 1 11 . 1. 1. 1 Â· Â· 9 j: .1 1 1 Â·. r- 1-{.} : r. 1 7- ' '1- 1-~ Al 1.. 3 35 '2 i ,'PP #ac,Â·- ;' P Â· A gÂ· E,2 15, - - '*- -- =- - 11 - . .Â·-Â·-Â·-.....[37- Â·Â· ..,L...t-'. 1.12;J:; 13.=,LUL &1 , & 1! AQ :/ FIC'Of ?kke.... . 94Â·11Â·84:~ 63:C:~1 .0.-r:'.p:.m ! a.Â·Â·Ati: 032(,4A-'til.:4 - .., - - 0 D i Â»Â«24>Â·37 Z==E k.tiw ainiTH 'Rk'INC" -1% 1% 11~I lll~ ~11~ 1 m 1111M ung # ?ft# . : ./ iÂ«;C..4Â·Â· AK.â‚¬:441272Â«'.29 ripÂ·03Â· D I.; - :f" Â· *]CE K 1/05 GAUOULL PI7Ktrl clum' CO 62 36 e. 0 0.00 ..gl~~:4% â€¢â€¢r? W-* M %<forÂ·.AN liÂ»Â· Â£15.!"'iwÂ·~ncir: 34'Â· 2.7 .4.41 f Â·' 94Â· ... .W-4.-b ......ailke' /1. i- ~ 7$'Ull. 21 (,i 5 -CY t. â€¢91741,1, GE'I,J,1 Â· Roecli.4 APPROVED ROOF PLAN 136* 1 3 JI]Ill> 'il,Lt N. G 003 31Â£012.-2.Ul-_...... 1390W3M 3,9001 .. Exhibit 2 DEVELOPMENT ORDER COPY of the 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 Countv, 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 Aspea 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 ofthe City of Aspen Municipal Code.) .. Issued this 13th day of October, 2006, by the City o f Aspen Community Development Director. \30 wrti 0-Q,â‚¬*uQ_ 11%14 ~~iÂ«uN--- -4--Â·Â· Chris BenUon, Commur~y DevelopUnt DirectoV .. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public ofthe 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 ofthe 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 SEP. 16.2010 3:35PM CITY OF ASPEN . ' . . NO' 1530' P. 1--......r_ Exhibit 3 RESOLUTION NO. 58 (SERIES 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN TO APPROVE AN EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE NO. 26 OF 2006 BY THE CITY OF ASPEN COUNCIL FOR THE PROPERTY COMMONLY DESCR]BED AS 500 WEST HOPKINS AVENUE, LEGALLY DESCRIBED AS BOOMERANG LODGE SUBDIVISION /PLANNED UN]T DEVELOPMENT, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel Identification Number 2735-124-49-002 WHEREAS, the Community Development Department received an application from Sunny Vann of Vann Associates, LLC, on behalf of Aspen FSP-, ABRs LLC requesting a Vested Rights Extension for three years pursuant to Ordinance No. 26, Series of 2006 for the Boomerang Lodge; and WHEREAS, The City Council adopted Ordinance No. 26, Sen'es of 2006, which approved a Subdivision Review, a Planned Unit Development and Vested Property Rights for the Boomerang Lodge Redevelopment for the dcmolition of a portion of the existing building, designating the other portion a Historic Structure, the construction of an additional eighteen lodge units, six free market units, two affordable housing units and a combination of surface and sub grade parking until October 20% 2009; and, WHEREAS, the applicant submitted the application for extension of vested property rights on June 248,2009 before the vested rights expired in on October 2om, 2009. The property rights were approved via Ordinance No.26, Series of 2006; and, WHEREAS, pursuant to Section 26.308,010 Vested Property Rights ofthe Land Use Code, City Council may grant an extension of vested lights aftcr a public hearing M held and a resolution is adopted; and, Page 1 of3 -NO. 1 530-F. 2-- - SE P. 16.201 0 3 :36 PM CITY OF ASPEN . WHEREAS, the Community Development Director has reviewed the application and recommonded approval of an extension of vested rights for the 500 West Hopkins Avenue Development under the City Council; and WHEREAS, the Aspen City Council has reviewed and congidered the request of vested rights extension for the 500 West Hopkins Avenue Boomerang Lodge Development approval under the provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension ofthe vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights with conditions, is consistent with the goals and elemests of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this resolution furthers and is ncecssary for the promotion ofpublic health, safety, and welfare, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set fortli in Scotion 26 of thÂ¢ City of Aspen Municipal Codc, the City Council hereby approves tile request for an extension of vested rights for the Boomerang Lodge until October 201 2012 that were approved by Ordinance No. 26, Series of 2006 by the City Council with the following conditions: 1. That the establishment heroin of a vested property right shall not precludc 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 limitcd to, building, fla, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption granted in writing. 2, That the Historic Preservation staff view the current oondition of the designated historic resource on the Bite and be permitted to conduct follow up visits to ensure that the resource is not becoming damaged or neglected. The applicant is respongible to maintain the condition of the historic rosource, Page 2 of 3 - -'NO, 1 530-?. 3 E?. 16,2010 3.36?M Cil-~~ ASPEN Section 21 All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documontation presented before the City Counoil, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Rection 3: 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 resolutions repealed or amended as herein provided, and the same shall be conducted and concluded undcr such prior resolutions. Rection 41 If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitudonal 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, SeÂ¢tion 5{ A public hearing on this resolution was held th@ 1001 day of Aug#56 2009, in the City Council Chambers, 130 S, Galena, 15 days prior to which public notice was published in a newspaper of general circulation within the City of Aspen. FINALLY adopted, passed and approved this 1 0th day of August, 2009 by 35-0 vote, / /4 l/1l < A A ..0, 9 16-\3-09 Kathryn S.ktocb, City Clerk Michael C. Ireland, May~ Approved as to form: John P. Wohester, City Attorney Page 3 of 3 Exhibit 4 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429.2759 DATE: 4/16/12 PROJECT: 500 W. Hopkins, Boomerang REPRESENTATIVE: Mike Hoffman DESCRIPTION: The applicant would like to extend the vested rights that were originally granted as part of Ordinance No. 26 (Series of 2006) for the development of the Boomerang Lodge. Subsequently Resolution No. 58 (Series of 2009) was passed which extended the vested rights of the property to October 20, 2012. An application for extension of Vested Rights that is submitted on or before that date will be scheduled for Council review. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.308.010 C. Extension or Reinstatement of Vested Rights Land Use Code Link Review By: Staff for complete application and recommendation. City Council for final decision. Public Hearing: Yes at City Council Planning Fees: $1,260.00 Deposit for 4 hours of staff time. Additional staff time is billed at $315/ hour. Total Deposit: $1,260.00 Total Number of Application Copies: 10 Copies To apply, submit the following information m Proof of ownership with payment. El Signed fee agreement and deposit El Completed Land Use Application: Application 0 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. U 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. m 1-Q-Copies of the complete application packet and maps. U An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. U 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. List of adjacent property owners within 300' for public hearing m Copies of prior approvals. 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 5 ASPEN OFFICE 601 East Hyman Avenue GARFIELD & HECHT, P.C. Aspen. Colorado 81611 fel:i.hune (970) 925-1936 ATTORNEYS AT LAW 1 .to,Â·mie (970) 925-300* Since !975 w'ww.garfieldhecht.corn May 31,2012 City o f Aspen Community Development Department 130 S. Galena Street Aspen, Colorado 81611 Re: Ownership of Lots K through S, Block 31, City and Townsite of Aspen, County of Pitkin, State of Colorado (the "Boomerang Property"). Ladies and Gentlemen: We represent Aspen FSP-ABR, LLC in connection with the Property referenced above. We have reviewed the records of the Pitkin County Clerk and Recorder and have determined that Aspen FSP- ABR, LLC is the owner of the Boomerang Property, in fee simple, subject to a deed of trust. Please feel free to contact me if you need any additional information. Sincerely, fÂ«Â«- E. Michael Hoffman .. Exhibit 6 Aspen FSP-ABR, LLC c/o Steven R. Stunda 602 North Fourth Street Aspen, Colorado 81611 May 31,2012 Mrs. Jennifer Phelan, Deputy Director City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 Dear Jennifer. On behalf of Aspen FSP-ABR, LLC (the "Applicant"). please accept the enclosed application to extend our vested rights to build a mixed use, condominiumized lodge on the Boomerang Lodge site pursuant to the approval originally granted in 2006. Please note that the legal address for the Applicant is in care of me, 602 North Fourth Street, Aspen, CO 81611, United States. You may contact me, as the local representative ofthe Applicant, with questions al: (970) 925-7604. The Applicant's representative in this matter is our attorney, Michael Hoffman, Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, CO 81611. You may reach him at (970) 544-3442. Mr. Hoffman is authorized to submit the application and to work with the City toward a successful extension of our vested rights. Thank you for your assistance. Sincerely, ASPEN FSP-ABR, LLC a Delaware limited liability company /''j If , 1 <f Stâ‚¬veh R. Stunda L E#ibit 7 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Boomerang Lodge Multi-Use Project 500 West Hopkins Avenue, Aspen, Colorado Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Naive: Aspen FSP-ABR, LLC c/o Steven R. Stunda, 602 North Fourth Street, Aspen, CO 81611 Address: Phone #: (970) 925-7604 REPRESENTATIVE: Name: E. Michael Hoffman Address: Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, Colorado 81611 (970) 544-3442 Phone #: TYPE OF APPLICATION: (please check all that apply). GMQS Exemption EI] Conceptual PUD U Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment Special Review L] Subdivision 01 Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review C] Lot Split L] Small Lodge Conversion/ Expansion Ed Residential Design Variance 2 Lot Line Adjustment [X] Other: Extension of U Conditional Use Vested Rights EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) See application letter. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) See application letter. Have you attached the following? FEES DUE: S IN] Pre-Application Conference Summary Â® Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form tl Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 0000 .. E--rf__ ...31. e.~ ~ 1*Â¥*a n ~Â·4-,lk., m*,Ti*Kit*OfTijllÂ¢Â¢-1(NieffiÂ¢M, i - r ... Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Aspen FSP-ABR; 1-llc Phone No.: 970) 925-7604 Owner ( 1"): Email: sstunda@aol.com Address of 500 West Hopkins Avenue Billing 602 North Fourth Street PropertyÂ· Address: (subject o~ Aspen, Colorado 81611 Aspen, Colorado 81611 (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. O Select Dept 0 Select Dept $ flat fee for . $. flat fee for _ 0 0 Select Review S flat fee for Select Dept $ flat fee for . For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above: the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood. and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. 1 understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 1,260 3 $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. Cityof Aspen: propertJ Owner: ASPENES]NABR. LLC, a Delaway~ limited liability company 6 Chris Bendon 1 Steven R. Stunda Community Development Director Name: Title: Authorized Representative City Use: 1260 Fees Due: $ Received: $ 'T-3-f31 ..711 17 71- - -40,~-,i , i.1*1.~~f =;iLA TROF 32Â»&4#*vwual@ â‚¬1#,JRNL=*AlÂ«-1- 1 ' 3 -' I ' - -__ 1 - -4 .. 5/31/12 ~ Hopkins Ave, Aspen, CO - Google Maps Address 500 W Hopkins Ave ~ Get Google Maps on your phone Gruale ~4-, k / id)1 Aspen, CO 81611 Â£1 Text the word"GMAPS'40466453 /02>21 1 co F f If Pr,Vy.:.9 w % t. câ€¢ Ull!(3Splt: P.V.Â·f! W Gittesple 4 41 11, 4 Pea, 1 Ct W Nolib St W Nunn st W Smuggtei St ej 10 - 4 X _ <2 -â‚¬ at <3 2 1.0 <44 \Af Smiji;gie, Sy 4, Pk?.0.2./S e W Haam Sl , Hutam Sl em St %5 E Haflan ..4 tb l,82) .- 1 -to W Francis St CO Af Bleeker SY ..2 0 b 11, Halp â‚¬ <t r'> 249 St . 4 u b ck ra - 12 2. PP 81,694, st 34pirt pi E 00 ~ 0 .O Rd 37 Ar.pkil 2 PP Lj rÂ·LE,i. rian t.4 - (:Fyi -f 224-4 1 10Â«475. ' /4 l'e 21 L Â¢f|4 6 ri: .A Co fa i * 4'64*; .5.,8 PRepe'Ke Ma:Aill 2 1/16:fl: i Â·Odrlf , & Cor,hanÂ»;ims ~ - Park 4'/37,04 4 1/0 ~ E he. i0 5 01 ~ 4 3 Co 02"rt?,9 j A,vA 0 CO Â¥ .X tr E Coope/':$' C rlii; i~,~'~.- f Ent,efit.11'e : Juan S} Cn,-, -' 4.-Â·:Â·,- . 01 5 4 02,20,1 S. 6 Â©2012 Google Map data Â©2012 Google https://maps.google.com/maps?f=q&source=s_q&hi=en&geocode=&q=500+W+Hopkins+Ave,+Aspen,+... 1/1 â‚¬iÂ·~flt Ra 113 '41, N B 4,9 N 8 pic N '7 'llcate,.Â· 8 7,4 81 1 3 22 4, a, 9 74211, 9~ '.tf~ St AL BWAV1 Bend along line to 1 ~ Exhibit 8 Paper = expose Pop-Up * AVERYÂ® 5160Â® 1 A 521-523 W HOPKINS AFFORDABLE 01037H TRUST 501 WEST MAIN LLC HOUSING 715 N SIERRA DR 532 E HOPKiNS AVE CONDO ASSOC BEVERLY HILLS, CA 90210 ASPEN, CO 81611-1818 521 W HOPKINS AVE ASPEN. CO 81611 604 WEST LLC 612 WEST LLC ALLEN DOUGLAS P 604 W MAIN ST 604 W MAIN ST 403 LACET LN ASPEN, CO 81611 ASPEN: CO 81611 ASPEN, CO 81611 ALPINE BANK AMAYA JOSE ANTONIO ANGELOV DIMTAR S & DANIEL D ATTN ERIN WIENCEK ARGUETA BLANCA EDITH 605 W HOPKINS AVE #209 PO BOX 10000 605 W HOPKINS AVE #103 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 ASPEN, CO 81611 ASPEN MESA STORE LLC ASPEN FAMILY HOLDINGS LLC ASPEN SQUARE CONDO ASSOC INC CO ASPEN BLUE SKY HOLD[NGS LLC 137 WESTV[EW DR 617 E COOPER PO BOX 8238 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 BERR LLC BLACK BENJAMIN F & ALICE M BRIDGE WILLIAM 611 W MAIN ST 605 W HOPKINS AVE #208 367 CAMINO SAN CLEMENTE ASPEN, CO 81611 ASPEN, CO 81611 SAN CLEMENTE, CA 926723705 CARROLL MEREDITH COHEN BROOKS NORMAN A & LESLEE S CARTER RICHARD P CARROLL ARTHUR RICHARD 16311 VENTURA BLVD #690 PO BOX 2932 605 W HOPKINS AVE #210 ENCINO, CA 91436 TELLURIDE, CO 81435 ASPEN, CO 81611 CITY OF ASPEN CHAKERES REAL ESTATE LLC CHRISTIANA UNIT D101 LLC ATTN FINANCE DEPT 3431 E SUNSET RD 795 LAKEVIEW DR 130 S GALENA ST LAS VEGAS, NV 89120 MIAMI BEACH, FL 33140 ASPEN, CO 81611 COCHENER CAROLINE A TRUST CLEANER EXPRESS CORONA VANESSA LOPEZ NUMBER TWO 435 E MAIN ST PO BOX 3670 7309 E 21STST#120 ASPEN, CO 81611 ASPEN, CO 81612 WICHITA, KS 67206 CORTALE ITA CUMMINS RICHARD DESTINATION RESORT MGMT INC 205 S MILL ST #112 1280 UTE AVE #10 610 S WESTEND ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 816112142 DUNSDON S MICHAELE DILLON RAY IV EMERICK SHELLEY W BORKENHAGEN DAVID A PO BOX 10543 2449 5TH ST 617 W MAIN ST #D ASPEN, CO 81612 BOULDER, CO 80304 ASPEN, CO 81611-1619 61!quettes faciles & peler Â· A Reptiez & la hachure afin de 1 Www.avery.com t Utiliser le gabarit AVERYÂ® 5160Â® Sens de chargement Avdler le rebord Popupâ„¢ 1 1-800-GO-AVERY 1 Easy PeelÂ® Labels i /A A 1 Bend along line to | Use AveryÂ® Template 5160Â® 1 ~ed Paper - expose Pop-Up Edgeâ„¢ 1 ~ ~ AVERYÂ® 516040 i ERICKSON A RONALD FARR CHARLOTTE FAT CITY HOLDINGS LLC 605 W HOPKINS AVE #211 306 MCCORMICK AVE 402 MIDLAND PARK PL ASPEN, CO 81611 CAPITOLA, CA 95010 ASPEN, CO 81611 FINE FREDRIC N & SONDRA FRANSEN ERIN M & GREGORY H FRIAS PROPERTIES OF ASPEN LLC 412 MARINER DR 605 W HOPKINS UNIT 206 730 E DURANT JUPITER, FL 33477 ASPEN, CO 81611 ASPEN, CO 81611 GANT CONDO ASSC GARMISCH LODGING LLC GOLDENBERG STEPHEN R & CHERYL J 610 S WESTEND ST 110 WMAIN ST 430 HOPKINS AVE ASPEN, CO 816112142 ASPEN, CO 81611 ASPEN, CO 81611 GOLDMAN DIANNE L GORDON LETICIA H & H PROPERTIES LLLP PO BOX 518 3920 GRAND AVE #800 807 W MORSE BLVD STE 101 FAIRFIELD, CT 06824 DES MOINES, IA 50312 W{NTER PARK, FL 32789-3725 HAISFIELD MICHAEL DOUGLAS HAYMAN JULES ALAN HUCKABEE CHRISTOPHER M HAISFIELD LISA YERKE 9238 POTOMAC SCHOOL DR 4521 S HULEN 3220 616 W HOPKINS FORTWORTH, TX 76109 POTOMAC, MD 20854 ASPEN, CO 81611 HY-MOUNTAIN TRANSPORTATION INC IGLEHART SANDRA K JAS CAPITAL LLC 111 CAABC 617 W MAIN ST 617 W MAIN ST #E ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 JEWISH RESOURCE CENTER CHABAD JOHNSON STANFORD H JOHNSTON FAMILY TRUST OF ASPEN PO BOX 32102 2018 PHALAROPE 435 W MAIN ST TUCSON, AZ 85751 COSTA MESA, CA 92626 ASPEN, CO 81612 KELLY KIM KELSO DOUGLAS P KIRVIDA KATHY L REV TRUST 605 W HOPKINS AVE #202 627 W MAIN ST PO BOX 518 ASPEN, CO 81611 ASPEN, CO 81611-1619 LINDSTROM, MN 55045 KONIG DEBORAH KURKULIS PATSY & PAUL R LESTER JAMES HANSON KIM 375 S EBD AVE #35C 605 W HOPKINS AVE #201 605 W HOPKINS AVE #203 ASPEN, CO 81611 NEW YORK, NY 102801086 ASPEN, CO 81611 LOT 2 BOOMERANG LOT SPUT LITTLE AJAX CONDOMINIUM ASSOC MADS:EN MARTHA W PLANNED COM OWNERS ASSOC 605 W HOPKINS #006 608 W HOPKINS AVE APT 9 533 E HOPKINS AVE 3RD FL ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 hiquettes faciles & peler Reptiez & la hachure afin de 1 www.avery.com i Sens de 1-800-GO-AVERY Utillsez le gabarit AVERYÂ® 5160Â® chargement ravater le rebord Pop-Upâ„¢ J 1 ti?rs Easy PeetÂ® Labels i~ A li Bend along line to ~ ~ AVERYÂ® 5160Â® i Use AveryÂ® Template 5160Â® l~Feed Paper - expose Pop-Up Edgeâ„¢ 1 . MARSHALL ALISON J & JOSHUAW MOLLER DIANE T NAVIAS CRAIG & ESTHER TRUST 605 W HOPKINS AVE #212 1710 MIRA VISTA AVE PO BOX 4390 ASPEN, CO 81611 SANTA BARBARA, CA 93103 ASPEN, CO 81612 NECHADEIM REALTY LLC NELSON TREVOR T & ROSE MARIE NIX ROBERT JR PO BOX 4950 605 W HOPKINS #207 PO BOX 3694 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 NORTH AND SOUTH ASPEN LLC NORTHWAY LLC PERRY EMILY V 200 S ASPEN ST 106 S MILL ST #202 700 12TH AVE S UNIT 807 ASPEN, CO 81611 ASPEN, CO 81611 NASHVILLE, TN 372033372 RAINBOW CONNECTION PROPERTIES RENO ASPEN PROPERTIES LLC REVA LLC LLC PO BOX 1376 7710 E EVENING GLOW DR 4475 NORTH OCEAN BLVD #43A SCOTTSDALE, AZ 852661295 ASPEN, CO 81612 DELRAY BEACH, FL 33483 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 SCHEFF JONATHAN & BUTTERW[CK SAND CANYON CORP SCHALL FAMILY TRUST 8/31/1998 KIMBERLY 501 W MAIN ST 3841 HAYVENHURST DR 6450 AVENIDA CRESTA ASPEN, CO 81611 ENCINO, CA 91436 SAN DIEGO, CA 92037 SCOTT MARY HUGH SHADOW MTN CORP SHERWIN ENTERPRISES LLC RUSSELL SCOTT 111 & CO LLC C/O GENARO GARMENDIA C/O JENNIFER SHERWIN 5420 S QUEBEC ST #200 121 ALHAMBRA PLAZA STE 1400 1714 VISTA ST GREENWOOD VILLAGE, CO 80111 CORAL GABLES, FL 33134 DURHAM, NC 27701 STARFORD PROPERTIES NV SLTM LLC SMITH ANDREW C & DONNA G C/O GENARO GARMENDIA 106 S MILL ST #202 3622 SPRINGBROOK ST 121 ALHAMBRA PLAZA, STE 1400 ASPEN, CO 81611 DALLAS, TX 75205 CORAL GABLES, FL 33134 STASPEN LLP STUART DANIEL S & TAMARA B THE PRIDE LLC 1180 PEACHTREE ST NE PO BOX 3274 739 25 RD ATLANTA, GA 303093521 ASPEN, CO 81612 GRAND JUNCTION. CO 80505 TOMS CONDO LLC THROM DOUGLAS H TODD SHANE C/O BRANDT FEIGENBAUM PC 617 W MAIN ST PO BOX 2654 13:2 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN. CO 81:612 BASALT, CO 81621 A Atiquettes faciles & peter i sens de Reptiez & la hachure afin de [ www.avery.com Utilisez le gabarit AVERYÂ® 5160Â® 7 chargement r*v@ter le rebord pop-UpTâ€¢ 1 1-800-GOÂ·AVERY A Easy PeelÂ® Labels i- A I Bend along line to I Use AveryÂ® Template 5160Â® *eed Paper '- expose Pop-Up Edgeâ„¢ 1 ~ 2 AVERYÂ® 5160Â® i A TUCKER LUCY LEA ULLR HOMEOWNERS ASSOCIATION VERNER DANIELA & MERYLE PO BO:X 1480 600 E HOPKINS #304 2577 NW 59TH ST ASPEN, CO 81611 ASPEN, CO 81611 BOCA RATON, FL 33496 VIEIRA LINDA 50% INTEREST WAGNER HOLDINGS CORP LLC VOSS NATALIE S HALL TERESA 50% INTEREST C/O BILL POSS 605 W HOPKINS AVE #204 0095 LIGHTHILL RD 605 E MAIN ST ASPEN, CO 81611 SNOWMASS, CO 81654 ASPEN, CO 81611 WASHBURN LYNN S WENDT ROBERT E 11 WERLIN LAURA B TRUST Â· 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 WINGSTONE TOY COMPANY LLC YLP WEST LLC , THE WEST FAMILY OFFICE 12 GREENBRIAR LN 7 SOUTH MAIN ST 2023 WAYNESBOROUGH RD YARDLEY, PA 19067 PAOLI, PA 19301 PAOLI, PA 19301 YOUNG PAUL 1[1 FAMILY TRUST 413 W HOPKINS AVE ASPEN, CO 816111603 A ftiquettes faciles 6 peler i Repliez Ala hachure afin de 1 www.avery.com 1 Sens de Utilisez le gabarit AVERYÂ® 5160Â® ; chargement ravaler le rebord Pop-Upâ„¢ ~ 1-800-GO-AVERY 1 Exhibit 9 ORDINANCE NO. 9 (SERIES OF 2011) AN OILDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO AUTHORIZED DEVELOPMENT WITHIN A PLANNED UNIT DEVELOPMENT, AMENDMENT .TO THE OFFICIAL ZONE DISTRICT MAP, AND SUBDIVISION, WITH CONDITIONS, FOR THE DEVELOPMENT OF 40 AFFORDABLE HOUSING UNITS ON THE PROPERTY LEGALLY DESCRIBED AS LOTS K, L, M, N, O, P, Q, R AND S, BLOCK 31, ASPEN TOWNSITE AND COMMONLY KNOWN AS 500 W. HOPKINS AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273512449002 WHEREAS, the Community Development Department received an application from Aspen FSB-ABR LLC, represented by Michael Hoffman Esq., requesting approval to amend the authorized development within a Final Planned Unit Development (PUD), Affordable Housing Growth Management, Change in Use Growth Management, Special Review for Off-Street Parking, Certificates of Affordable Housing Credits, Amendmem of Official Zone District Map (Rezoning), and Subdivision, to develop 54 affordable housing units at 500 W. Hopkins Ave.; and, WHEREAS, the Applicant has an existing vested right to develop the property with 47 lodge units, 5 free-market units, and 2 affordable housing units via Ordinance No. 26 (series of 2006), commonly known as the Boomerang Lodge; and, WHEREAS, the Applicant requested approval by the Planning and Zoning Commission for Affordable Housing Growth Management, Change in Use Growth Management, Certificates ofAffordable Housing Credits; and, WHEREAS, the Applicant requested a recommendation by the Planning and Zoning Commission to the City Council for approval of Final Planned Unit Development (PUD), Rezoning, and Subdivision; and, WHEREAS, the property is located at 500 W. Hopkins Ave, and is currently zoned Medium.-Density Residential (R-6), Lodge Preservation (LP) and Planned Unit Development (PUD); and WHEREAS, upon initial review of the application and the applicable code standards, the Community Development D:epartment recommended remanding the , application to applicant to reduce allowable F[oor Area Ratio (FAR) from 1:66: 1 to 1.5 1, to meet the Aspen Area Community Plan OUCP) standard of compatibility with the neighborhood; and, RECEPTION#: 581785,08/09/2011 at Page 1 of 12 12:56:22 PM, Ordinance No. 9 (Series of 2011) 1 OF 25, R $131.00 0oc Code ORDINANCE Janice K. Vos Caudill, Pitkin County: CO 1 WHEREAS, during a duly noticed public hearing on November 2,2010, the Planning and Zoning Commission took public testimony, considered the application and remanded it back to the Applicant for further consideration and amendment; and, WHEREAS, the Applicant amended the application by reducing the height, floor ~ area, and unit count ofthe proposal; and WHEREAS, during a continued public hearing on December 14, 2010, the Planning and: Zoning Commission approved Resolution No. 22, Series of 2010, by a 4 to 1 vote. with Conditions: and, WHEREAS, due to an appea] on the approved resolution the City Council remanded the application back to the Planning and Zoning Commission to reconsider - their parking recommendation solely on the PUD review criteria; and, WHEREAS, during a duly noticed public hearing on February 8, 2011, the Planning and Zoning Commission took public testimony, considered the application and approved Resolution No, 4 (series of 2011); and, WHEREAS, once the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Appficant requested Subdivision, PUD - Other Amendment, and Amendment to the Official Zone District Map approval of the City Council; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed requests; and, WHEREAS, during a duly noticed public hearing on June 13, 2011, the City Council considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment, and continued the hearing to July 11,2011; and, WHEREAS, during a continued public hearing on July 11, 2011, the City Council < considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered tile recommendation of the Commun:ity Development Director, the applicable referral agencies, and has taken and considered public , comment; and, WHEREAS, the City Council finds that the amended development proposal negotiated during the July 11,201], hearing meets or exceeds all applicable development standards and that the approval of the development proposal. with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council continued the public hearing to July 25, 2011, to review amendments to the ordinance incorporating negotiated provisions of the July 11th Page 2 of 12 Ordinance No. 9 (Series of 2011) i 2 .. hearing and finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: General Development Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves amendments to the authorized development within a Planned Unit Development (Other Amendment), Subdivision Review and Amendment to the Official Zone District Map to develop 40 affordable housing units subject to the conditions further described herein. Section 2: Amendment to tile Official Zone District Map (Rezoniqgl The Official Zone District Map of the City of Aspen shall be, upon filing of the subdivision plat and Final PUD plans, amended by the Community Development Director to reflect an underlying zone district designation change from Medium Density Residential with a Lodge Preservation overlay and Planned Unit Development overlay (R-6/LP/PUD) to Residential Multi-Family with a Planned Unit Development overlay (RMF/PUD) on all portions of land described as: Lots K. L, M, N, O, P, Q, R and S, BIock 31, Aspen Townsite. Section 3: Plat and Agreement The Applicant shall record a subdivision/PUD plat and agreement that meâ‚¬ts the requirements of Land Use Code Section 26.480, Subdivision, and Section 26.445.070, Recording a Final PUD Development Plan, within 180 days of approval by City Council. Once the plat and agreement are recorded with the Pitkin County C]erk and Recorder, the entitlements associated with Ordinance No. 26 (Series of2006) shall be considered null and void and the entitlements associated with this ordinance shaIi supersede any previous approvals, Section_*.Building Permit Application The Applicant, the Applicant's General Contractor, the Architect that produced the construction drawings, and representatives from the Building Department, Community Development Department and any other p:erson deemed necessary by the City shall attend a meeting prior to the submission of any type of Building Permit for the Subject Property. The purpose of the meeting shall be to ensure clarity relative to the submission requirements, the requirements of this Ordinance, timeframes for processing Building Permits, and any other issues raised by any party. The building permit application shall include the following: a. A copy of the final Ordinance No. 9 (Series 2011) and P&2 Resolution No. 22 (Series of 2010) and the signed development order issued by the Community Development Department. Page 3 0 f ] 2 Ordinance No. 9 (Series of2011) 3 .. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted city standards. e. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. f, A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. A detailed excavation plan for review and approval by the City Engineer. h. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. i. Evidence that the Applicant has complied with the Applicant's obligations to provide Financial Assurances, a Performance Bond, and Site Protection Funds, as described herein. Section 5: Planned Unit Development Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the following approved dimensions ofthe projedt shall be reflected and recorded in the Final PUD plans. 1 Dimensional Reg. PUD Allowances Minimum Lot Size 27.000 sq. A Min. Lot Area / Dwelling 675 sq ft Unit Maximum Allowable 40 units Densi ty Minimum Lot Width 270 feet Minimum Front Yard 5 feet Minimum Side Yard 4'3" - east* 5' -- west Minimum Rear Yard 5' for building 20(! floor balcony and parking ramp projects 4'6" into setback ~ Maximum Height from 32 feet* * finished grade Minimum dist. between N/A buildings Minimum Open Space Not required Page 4 of 12 Ordinance No. 9 (Series of2011) 4 . j Dimensional Raq. PUD Allowances Allowable Floor Area 1.4:1, or 37,800 sq. ft. ~ Minimum Off-Street 46 Total Parking 34-on-site (33 underground, 1 alley space) 12 within the 4119 street r-O-w Notes: Those dimensions in bold indicate variations , from the underlying zone district standards as identified in Exhibit B. * Per HPC approval, 4/25/2007 * * Allowed exceptions to height limitations, LUC Section 26.575.020(F)(4), are permitted. Section 6: Affordable Housine. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approved Growth Management Review for Affordable Housing, via Resolution No. 22 (Series of 2010). A reduction in units to 40 was proposed by the applicant and approved by the City Council. All affordable housing units shall be deed restricted, as "for sale" units, in accordance with the requirements of Section 26.470.070.4(a-d) of the IMunicipal Code. Twenty (20) of the affordable housing units shall be deed restricted to Category 3 or lower and twenty (20) shall be deed restricted to Category 4 or lower. All affordable housing units shall be transferred in accordance with the APCHA Guidelines in effect at the time of the transfer. Design of the units, parking on-site, and storage will be finalized with the recordation of a PUD Plat. ~ Unit: Type Number of Units ~ 1 studio 0 One bedroom 25 ET-w-o bedroom 1 13 | Total 40 i Section 7. Certificates of Affordable Ilousing Credits. a. Creation of certificates. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, and specifically the criteria set forth in Chapter 26.450 of the Municipal Code. the Aspen City Council hereby incorporates the approval by the Planning and Zoning Commission of Certificates of Affordable Housing Credits as follows: Page 5 of 12 Ordinance No. 9 (Series of 2011) 5 .. ~ Unit Type Ent#loyoe Housed Â·,Number of Units - ~Certificates ofAH I studio 1.25 2 2.5 One bedroom 1.75 25 1 43.75 Two bedroom 2.25 13 | 29.25 Total 1 75.5 b. Issuance of Certificates. The Community Development Director is hereby directed to issue the number of Certificates for Affordable I Iousing Credits indicated above to the Applicant upon the issuance of Certificates of Occupancy for the number of affbrdable housing units that have been constructed and that have been deed restricted pursuant to the requirements of this Ordinance. At the time of issuance of the Certificates for Affordable Housing Credits, the then owner of the affordable housing units shall provide the Community Development Director with a letter acknowledging receipt of the Certificates for Affordable Housing Credits. Section 8: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant design shall also be compliant with the Urban Runoff Management Plan, The Applicant shall provide the following required Right-of-Way improvements and will meet all applicable standards. Minimum required site improvements are as follows: â€¢ Construction of sidewalk in the public right-of-way along West Hopkins Ave, 4th th Street and 5 Street. â€¢ installation of two ADA sidewalk ramps at the intersection of West Hopkins and 5't and 2 ADA ramp on the intersection of 4:01 and Hopkins Street. a Installation of two concrete alley ramps that are compliant with the Engineering Dept standards. â€¢ Construction of approximately 150 linear feet of four feet (4') wide concrete valley - pan along 4Â· Street. m Construction of new curb and gutter along 49 501 Street and West Hopkins, â€¢ Placement of approximately 697 square yards of asphalt paving to replace the alley surface. Section 9: Fire Mitigation- All codes adopted by the Aspen Fire Protection District shall be met per. building permit. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkier and fire alarm systems (IFC, as amended, Section 903 and 907). Section 10: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Page 6 of 12 Ordinance No. 9 (Series of 2011) 6 . Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters, The recorded plat shall provide adequate easements for all utility lines. This shall be reviewed by engineering and the water department prior to recordation. Section 11: Sanitation District Requirements Since an upgraded main sanitary sewer line is required to serve this new development, a "Collection System Agreement" is required to be memorialized prior to development and issuance of a building permit. 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. Applicadt's engineer will be required to give the district an estimate of anticipated daily average and peak flows from the project. A wastewater study flow will be required fbr this project to be funded by the applicant. Alt clear water connections are prohibited (roof, foundation, perimeter, patio drains), including entrances to underground parking garages, On-site drainage and landscaping plans require approval by the district must accommodate ACSD service requirements and comply with rules, regulations and specifications. On-site sanitary sewer utility plans require approval by ACSD. Section 12: Environmental Health lhe state of Colorado mandates specific mitigation requirements with regards to asbestos, Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements and noise abatement. Wildlife protection/enclosures for the trash and recycle area is required. Section 13: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 14: Parks Building permit plans shall include a detailed plan submitted for Ttee Protection, A. Tree protection fences must be in place and inspected by the city fo: r*ester or his/her designee before any construction activities art to commence. B. No excavation, storage of materials, storage of construction backfill, .and storage of equipment: foot or vehicle traffic allowed within the drip line of any tree onsite. C. There should be a location and standard for this facing denoted on the plan, Current locations are identified above the 15' set back and along the side yard setbacks. An approved tree permit is required before submission of the building permit set. The original tree permit, #2007-012, is valid as long as there are no further changes to the trees being removed and final mitigation plans. Changes to these two areas will most like}y trigger a new permit or an addendum to the original. Page 7 of 12 Ordinance No. 9 (Series of 2011) 1 .. Section 15: Residential Design Standards Applicant will meet Residential Design Standard Section 26.410.040(D) or obtain a variance priorto issuance of building permit. Section 16: Impact Fees and School Lands Dedication Fet>in-Lieu The Applicant shall pay all impact fees and the school lands dedication fee-in-lieu assessed at the time of building permit application submittal and paid at building permit issuance with the exception of any bedroom credit associated with the former lodge and any credit for fees paid on permit number 0043.2007.ACBK to redevelop thelodge. Section 17: Transportation Demand Manaaement. A, Trallic Demand Management Plan. The Applicant shall comply with all aspects of the Transportation Demand Management CIDM) Plan the Applicant was required to prepare as part of the land use approvals for the approved development. The TDM Plan is appended hereto as Exhibit A. The Applicant may amend the TDM Plan with the consent of the Transportation Department. The Applicant shall comply with all aspects of the 'I'DM Plan. Any amendments to the Plan shall be submitted with a Building Permit application, B. Car-Free Units. To assist in nlitigating traAic impacts of the Project, the Applicant shall identify and designate five (5) dwelling units as "Car-Free Units." The designation of the Car-Free Units shall occur before any Certificates of Occupancy or Conditional Certificates of Occupancy are issued by the City for any of the dwelling units within the Project. Except as set forth in Subsection D., below, the owner(s) or occupant(s) of such units shall be restricted from storing, parking, operating, or maintaining, a Motor Vehicle, as that term is defined at Section 42-1-102(58>, C.R.S., within the boundaries of the City of Aspen. The owner(s) or occupant(s) of such Car-Free Units shall not be eligible to receive a City of Aspen Parking Permit. Before a Certificate .of Occupancy or Conditional Certificates of Occupancy is issued for any dwelling unit within the Project, the Applicant shall provide to the City Attorney for review and approval legal instruments that restrict the d*yelling units as required by Section 6, above; and in addition, the deed restrictions for tile designated Car-Free Units shall include provisions that restrict the use of Motor Vehicles by the owner(s) or occupant(s) of such units as set forth in this Section. The deed restrictions for the Car-Free Units shall grant to the Boomerang Horneowner Association, the City of Aspen, and APCHA the authority to enforce the provisions o f the deed restrictions. r Carâ€žFree Units - Disclosure and Enforcement. The Applicant shall ensure that all marketing literature, the Rules and Regulations of the Boomerang Condominium Association, and the Condominium Declarations all include provisions that disclose and explicitly explain to potential purchasers the restrictions imposed upon the Car-Free Units. Applicant hereby agrees to include provisions in the Subdivision/PUD Agreement, referenced hereinabove at Section 3, that require the Applicant to cooperate in the monitoring and enforcement of Page 8 of 12 Ordinance No. 9 (Series of 2011) 8 . ..I./.--I---I--------,M-*---*----Il.....-Il-- the restrictions imposed upon Car-Free Units, includihg, but not limited to, providing to the City and APCHA the date that Car-Free Units are transferred to new owners, the names of ali owners ofthe Car Free Units upon the transfer of title to the Car-Free Units, D. Car-Free Units - Occasional Use of Motor Vehicles. Notwhhstanding the limitations described in Sebsection B., above, owners or occupants of the Car- Free Units shall be permitted to participate in the City's CAR TO GO program or any successor- to the CAR TO GO program and to use, on m occasional basis, such cars, trucks or motofcycles ab are reasonably necessary to meet the essential: needs ofthe owner or occupant. "Occasional use" shall mean the use of as Motor Vehicle only on infrequent and irregular occasions. A pennitted example of an occasional use of a Motor Vehicle may include, but is not necessarily limited to, the occasional need to drive a vehicle to the Project, park it for a very limited time to allow it to be loaded or unloaded, and immediately removed. Under no circumstances shall overnight parking of a motor vehicle be allowed as an occasional use. Section 18: Financial Assurances - Performance Bond (a) The Applicant comrnits and agrees that before a Building Permit is issued for the Boomerang development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Applicant has in place sufficient financing to accomplish and complete the construction of the development, including all public improvements. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant and/or third party investors. (b) Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Applicant's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. (c) The Applicant further commits and agrees that before a Building Permit is issued for the Boomerang development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review mid approval a copy ofa Performance Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessary to complete the construction ofthe improvements covered by the Building Permit, and all public improvements required under the Subdivision/PUD Agreement. The Performance Bond shall name the Applicant and the City of Aspen as additional beneficiaries or insureds thereunder to grant to either or both of them a direct . right of action under the Perforniance Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Building Permit. I>age 9 0 f 12 Ordinance No. 9 (Series of2011) 9 - 0 . - Section 19: Site Protection Fund The Development Agreement shall include the Applicant's commitment and agreement that before a Building Permit is issued, the Applicant will deposit with a title company CEscrow Agent") the sum of $100,000 (unless a lesser amount is approved by the City - engineer and City Attorney) in the form of cash or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: In the event construction work shall cease for thirty (30) days or longer ('work stoppage') without a cure of such work stoppage after fifteen days (15) days notice by the City and such work stoppage not being a result of any event of force majeure, prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the clements andfor from trespass by unauthorized persons, and for puiposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. The Escrow Funds or any remaining balance thereof shall be returned to the Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project, The City shall be a named third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time. Section 20: Vested Rights The development approvals granted pursuant to this ordinance shall be vested for a period of three (3) years from the date o f issuance of the development order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantia]ly in the following fomi: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of tile City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots K, L, M, N, O, P, Q, R AND S, BLOCK 31, Aspen Townsite and commonly known as 500 W. Hopkins Avenue, City of Aspen, CO, by Ordinance No. 9 Series of 2011, of the Aspen City Council. Page 10 of 12 Ordinance No. 9 (Series of 2011) 10 .. Section 21: Exhibits. The exhibits listed below are appended hereto and are, by references macie to them, incorporated into this Ordinance as if fully-set fon}, herein: â€¢ Exhibit A - Transportation Demand Management (TDM) Plan. e Exhibit B - Schematic elevations and floor plans Section 22: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 23: 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 condjuded under such prior ordinances. Section 24: 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 shail not affect the validity ofthe remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Cierk and.Recorder. Section 25: A public hearing on this ordinance was held on the 14~h day of March, 2011, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was published in a newspaper o:f general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by Jaw, by the City Council of the City ofAspen on the 28* day of Februa.ry, 2011. Attest: 1 \ f ' 1_:- t Â»,ukÂ«-2:44~ Kathryn S. Ko)(h, City Clerk M~chael U. Treland, Mayo; Page 11 of i f Ordinance No. 9 (Series of 2011) 16 . FINALLY, adopted, passed and approved this 25th day ofJuly, 2011. Attest: Ocaâ€žÂ«91Â£_ , - 4*4 KathryA S. 50*h, City Clerk Mienaet L ireland, Mayar Approved as to form: City Attorney Page 12 of 12 Ordinance No. 9 (Series of 2011 ) 152-4921' -* . 1 .. Exhibit A Transportation Demand Management (TDM) Plan For the Boomerpmt Condominiums I. Mission Statement. The Transportation Demand Management (TDM) Plan for Boomerang Condominiums (the "Project") is established to reduce the ownership and use of private automobiles by all groups, including owners, tenants, and visitors of the Project. It is expected that the TDM Plan will contribute positively to the City of Aspen, the West End neighborhood and the Project as a quality place to live. Its program elements are to be designed and administered in a mariner that emphasizes commitment, flexibility, innovation, and leadership in transportation management among multifamily housing projects located in Aspen and Pitkin County. II. Program Goals. â€¢ Mitigate negative impacts of Project-generated travel on the surrounding community, including traffic congestion and parking spillover onto public streets other than Fourth Street, adjacent to the Project. â€¢ Significantly increase the convenience, availability, and attractiveness of alternatives to single occupancy vehicles commuting and provide for reductions of commute trips through programs that support rapid transit, bicycling and walking, e All strategies described in this plan will be in place at the time the Project first becomes operational. III. Strategies. â€¢ Parking Management. Reduce parking impacts on the surrounding neighborhood by: a. Providing one parking space for each of the Project's 35 unils that are not designated tar-free". 33 of those spaces are located in the underground garage and 13 are surface parking spaces dedicated to the Project by existing Encroachment Licenses; b. Permanently assigning one parking space to 35 units within the co:mplex. That assignment will be memorialized in the deed for each unit and will be appurtenant Boomerang Condominiums TDM Plan Page 1 13 .. to that unit so Iong as the project exists. The balance of spaces may be allocated , as the homeowners association sees fit; c. Enforcing "ownership" of assigned parking spaces through the homeowners association. The resident manager will have authority to tow cars parked in spaces not assigned to that vehicle; . Emmoting the Goals of the City's Transportation Department. a. Provide a $20,000 grant to either the City's Transportation -Department or its CAR TO GO Carshare program (as determined by City Council) for use in the purchase of a new car, payment of administrative costs, or to accomplish other goals ofthe Transportation Department. b. Provide the first owners of each unit a free membership in CAR TO GO for one year following their purchase of the unit. (lEach such owner will still need to separately qualify for membership by providihg access to driving history, insurability, etc.) c. Provide free bus punch pass to each first owner of a unit within the Project. â€¢ Promote Bicycle Use By: a. providing outdoor bicycle racks for use during non-winter months; b. providing adequate room in each owner's storage locker for secure bicycle storage; c. Designing access to basement space to ease removal of bikes to the outside, d. Each unit owner will be provided ample lockable space in the basement for storage of three or more bicycles, along with other personal property. e. The resident manager will be charged with policing the use of bike racks by removing bikes that have been abandoned and not .moved from the racks. Boomerang Condominiums TD:M Plan ~ Page 2 14 â€¢ Information and Promotion of Alternative Transportation Options. a. Provide information kiosk in interior common elements of the Project. b. Information on the kiosk will include RFEA. schedules, carpool infonnation and other data supplied by the City's Transportation Department. c. Resident Manager shall be responsible for regularly updating the information displayed on the kiosk, Boomerang Condominiums TDM Plan Page 3 15 .. 1â‚¬Al . 8 lj i IC*An - 2.0 2 it : 8 11 t j I *C t j Â¥ 11 i f 9 1 APPROXALS JU- y lei 30 i 1 BOO&1ERANG AFFORDABLE HOUSING i EDO WEST HOPKINS AVE. ASPEN. COLORADO ~ *m CHARLES CUNAtFFE ARCHITECTS - â‚¬?SERSTAÂ·t/MAVA>ENUE Â»FEN.210*70 516,1 TE:970,915.55% f FAX:370.925--4657 16 -:WSNul 61 10'L CM C'.1.Erx'il iSAW 919'009033Â¥ DNVU301602 .FTS ...FEr J . '...4 Â· ./Â£01./Itt- t!......... â€¢ t #. Q â‚¬ f .....Â». 1''C 1 .....1 1 Â·Â·Â·Â· - t. 4\ \I ~ r// . Ra C y 2 i l,-1.2.j, 1171 a : -1 0 7-11 i -- 1 1. - - ' 1, 4 ir-- Tb'* 1,\\, P 1221 6.- 4 1- > 4 31 1 i \\ ' FIG /.... .'- Z A j 4443~14-Â·-- .42 -, 1 3 , Mil . LU : :/ ' 41: fi i - r L--'L~ -3 ' 1 -f '1 94 â€ž........-.,W t.....4 4 M '96'L 1 )114 1 tl .11 btat 1 4\ EL-1 1 1 1 1i f ] L 7 F ?1 '1 1-1 1 4,1 . 0 0 43 4 1, 1 i .. ... ..1 ' 1 0 - N. 1 7 F.l 1 1 .1/2/' ..7 f - L./ 1 I filf ~1~ 1 '1./ // i Ef, 92- P E \ 1 1,2-ir *.j' : 0 3 A \ 4-0 r; \'Ill 6 //5â‚¬4 1.- f ( 1 + -a -- 3+~ iii 14- i Â· 1-1-t 1 11 1[ 11 11 5 < -, , 1 1, It L i I L .1 ..1.i4 lj1 1~y~ 415.Â·,2,_1_1_ 1-1_1 -1_1_ 3-1-1. a 0-r- ./!trl .... T---1 ,-1 BOOMERANG AFFORDABLE CNIATZLES CUNNIFFE ARCHITECTS - 1 3> i] lb. ~} gl~11 HOUSING PRoJECT -,M.*crfn Mo R ET. W>,r'.1 ellifd ......4 .................Â¥ 0%*: . /,SPUL ..... 9,â€¢*I Itu,D.~~OM'*aw 'AllÂ·Â»- LL 11 jr 1 < Â£ 1 1.%'! /111.I.11~~ -_41 . 4 rh p S 6,=st," 1 Â£ '1 7 4 I j d I 4 - /1 .t 1 1. I & 1 -2 - rl 68 2 111'7 /11;,1-6 6 5 4 24 .:Â·Â·Â·Â·Â· 9 ....17 /V Ir 1 Â· N>.Il:/ Ilkly (31 BOOMERANG AFFORDABLE CHARLES CUNNIFTE ARCHITECTS m. HOUSING PROJECT -iâ€¢.AÂ«~ Ime 1 < 1 11 fi'f E-Ar i r, + ut A.L,1 @ 1.,WL.J-- "42; 1 1 1 . ~ 1â‚¬1-3 9>-4 . r 1 -1 *1 11 Â® d Il 131 L. - 6 1:7rv -1-7- j a 6 5947* 3 -LÂ· L U - .,14.3.: 4.[fl kn , {@ 1. 11.... 4-i _47~- 2 11 P L L .a, 4 ..4 D I 1 1 jull." 1% Â· Â· 0 1 F L A .1/1 0 %1.2. i 23;3 'j. 1-/ ~ 1- 1 1:h :1 Â©l <31 m -3113-IljÂ·0171 BOOMERANG AFFORDABLE CHARLES CUNNIFFE ARCHITEO S i i. -Â· f HOUSaNG PRCOEU â€ž~a,%9 1 R .Ill i :Jin $]OheSI' Ii(141*/IÂ·JE -*# -,!., ilÂ·*$*1-4 '1*013)1WXJ -ek:4,4,~k..-m- ..-, .-I NÂ·dic 8'30&~2<9 0 ' 4 71 Â· p=.'3 : Â· r-. (I lj-1-- 11.-fr -Lit . I I~Â©-F ~ *7926-:l 4111 1 1 ....6 } L.... 01-...4.4= .1 . R 4 Ff-6-1 =2- - 4 -1 L P , .-7 L- L.+.11 1 1 1 1 Elm 0 F-..3 : t..1 17..H <3 1 4.~ P-3 r =' 1 -, umt 11111?11% 1. 1 ,.1 1 ULIT 1 .!01 1 14, 9Â¢ ..101 1 â€¢ 3 9 1\ 0 /. '. ~ : ./ 9~. ./..\\' '1 ,~/ .16 F- e ,Â·1/ gyÂ· v # ' / .pr \ \ 1 1> Â·' 7 \\. .1 4Â«944411 (31 11 x 11 E-74,4 BOOMERANG AFFORDABLE. CliARLES CUNNIFFEAROOTECTS iii 2 21 m 1.7 1!31 HOUSING PROJECT ...9-NIKA ,V 1 r 1:6 k my/xsrjoi/:14,111.,C 1*1Â¢-u~ --i#*-:. 0. 0 Ay'E.N.COCORAOQ â€¢*a~Â·..#Iâ€¢Â·â€¢ â€¢~,v.n,--rÂ»- kâ‚¬, 1 15 1 . mr-1 -Â· . i 9,-- 1 0 421 1 L.U- 1 - 2-.Ti @., 77 Â® ifto-ZE- Lzir~ 11~=f' -pÂ»-rtu---=-r=--Â«1-irc ' 2/0 6-1 . -14 1 1/0 1(9 14-93 F.M 42 21 4 1* . t] 1 7.1, LI i ~ Â· c., . 1 11 .2 -96 4 4tl e.1 1 -L': 1-2 1 r 1 6 ift ' 9 fla ''31 . 1 .1 1-- LE,-33 91111 i f -// i '~ +L--4- . 0 0 S \ 4/ 11 G i 21 'FTTE:1 900&1ERANGAFF0RDABLE CHARLESCUNNIPPEARCHITECTS 4 b h b i. 1.11 HOUSING PROJECT ...~0~&Â¢tn -4 8 7/ i if N i re *0/Â¥31 1Â©201!; AAIN.~r ./Â¥-4.I *./H..M,A. ..,â€¢,- Wed C./0 ......I--r-Â·.=râ€¢*â€¢4'~-.I 01' Â£4 ' *.-/ 1 * ..... t i , *CLAN I T <46 U : D =30- t~ - Trrt, It'l, 1 79~ ' 1 L *U e 1-1 i }4 e '167 Flkrlok j Â£=rrt.==rr- 1 . :-S....I.- , '' IOU~T'~41 ,/4 Ir eli i:-u-p 1 ~.11 4 0 ' It 1811 ..,h.-- 1 0 + $95 3-.31IllijJITI[72393*:2Â·: 5/3-ell.i:,:i:1 ' 4,3 il .., >i u *f --1900# 1 14 L tu e. 12 01 6 lalIEL d V 9 0-1 00 1 j b 19[0 4 Vy 1 jr-h if T r-Â· G-Â· 1 i $ 'fles 1 Ly I[ZJ,AJAE 41#jiT~] 8 *.r.*542 4' â€¢Â·-i~ r IFI, n %Â¤4 9 f 0 -f +0 14>0 42)2:.rEL=44 ..I- - 4 43 u) ~,F:Â·61 h un-=<)11 -- f 1 4% ' .=ft [12,64 -tr-,, R FE Â»-A.-4:-4 \Â».-1 7* 10 I ./. 0:c v'K, v. tZ~~11 3 477 CD 0 '1 rat~ .2 . 4 791 4 M , F .m Â·Cll r Il 1 li fri o D h Â·- . 4 f U ..4 CD it) 1 ~ p A 0 * El Ll ; dEILL-=UL.......,*Ar_ . '~ 1 + fl Fl'TRM BOOMERANG AFFORDABLE CHARUES CUNNIFFE ARCHITECTS HOUSING PROJECT Â¥'0Â¥.*yft 1/1 ' :,1 F I Irtff f:**A~ 444.Â£9 '1~8ff- *M.'L~-'~44~* OMil ~Â¥'04.CD,DAN,D ZZ F 1 1 5 2 ./. 3 ..2 - 'Coc : I s. e I. aâ€ž./. lili m Â£ 1 2 1 N a % 22 12 2 3 07 2 = â‚¬ 9 659 2 g S! 0 41 W gle li -4 -- -1--Ir 1 it Z E Z It 6 ~ 50 * Ve i & i %~ 5 5 0 3 B g M 3 3 1 I Q 442 1. 1 . 9 0 --- -- - .,1 1 r $44 -.1 1. 1 1- 4 <Ki ' 15# .'./.. .........../.... '. I 4.4,&&21 68*58 1268" f - 0 1 EIggl 056 1@:/043 E ; 11 1 lili . L - 1- u - Ir-2-11 FTUFFYFI BOOMEIZA.NG AFFORDABLE CHARLES CUNNIFFE ARCHITECTS E-----1 n.n. lilly li HOUSING PROJECT *M'...mi L ?Le_J j D-I EU 500~f!,i iâ‚¬f,qNSâ€¢44$;f. p,W--4.1.,U'.M,41.:tfu â€¢4~'*AS L_] Em mut. mowe ..Dwat #1. 2-,4..../.PIM 1.52/m EZ Slw'ji, Sg=r/FwlÂ« 1 1 t:,1,-Tirâ€¢ t & .. li llc J [*M i ~ 1 < #2#r'-'4ei ~FE~~443.ba-~U4~~,e~111##4& Imf & til_â€ž 4 i o... â€¢, i , i 1 I. 1. '74 v< HOP?*8 FLEVAnoN 15 i !1 1 11 4 5 Iii â‚¬ Z J I , 1 ! I /581 1.4Â«fi= ~ i -t/rau 1 13 , ED Em 57Â·REET CLA'AM x ! 1 aa E f R % 1 49 R i I '1 - 8- 1 1 co": : E=M i .Firk 4..... Â· 3.-f*lutÂ· Ettil 1 Cr.1.1 '1 i riU'ORIB-BFVATION Lrul == 4-J i: . v.n- 24 fi .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE /// ADDRESS OF PROPERTY: 3* M r f/Â¥706+G 4 Aspen, CO STATE OF COLORADO ) ) SS. , County of Pitkin ) 14-74_6,4 SCSÂ«-6.7 (name, please print) 1, being or represedting 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 (It) or Section 26t306.010 (lE) ofthe Aspen Land Use Code in the following manner: 61/ I Publication ofnotibe: By the publicationin the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval ofa site specific development plan. d copy of the publication is attached hereto. Publication ofnonce: By the publication in the legal notice section of an official Paper or a paper o f general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy ofthe publication is attached hereto. Amâ‚¬-R-X-1-1611 Signature The foregoing "Affidavit of Notice" was acknowledged before me this _4_. day of ,.0010 P- , 2011, by A-yÂ»~.efan <3>ccÂ·v--e_--~ pu8114-NQI!** WITNESS MY HAND AND OFFICIAL SEAL Of : DEVELOPMENTAPPROVAL i Noticeis hereby giventollie gencre} pubhc of the . 1 1 # ~:9 P approval 01 a she speatic eeve-apment f}an, and Mycommission expires: /)*1# 7/1019* th e Â¢r#NIon Â©t 3 vested property :ight purswar:! b the Land Use Code of the City of Aspen End Tiue 24, Article 08, Colorado Aevised Statutes, -1 ,# pdrlajning to the 10*whq described propenT Lots k. L. M. N, O, P. C. R ana S, [tiock 31 of :he tly .6 Aspen Townslte and more commonly knor.'n as 91-46< ..>114445/ SOOW. Hopkins Ave.,Aspen, Colorado, 81611, by â€ž order et the City Council on July 25, 201-1 yla 1<btary Public Ordinance No. 9<Series of 2011). The Applicant, Aspen FSP-ABR LLC, received approval el approva[ lot Planned Unit Development - Other Amendmenl and acce550-y land use reviews to build a three story buijding containing 40 multi tanitly residential dwel:ins unRS, For funhef NK/*--M# intormat,on contact jennifer Phetan, al the City of .. 423% Aspen Communi:y Development Dept 130 S. ATTACHMENTS: <32line Sl A,sper:, Ccbe~ado (9701 920-5890. lift r : i ,PY OP THE PUBLICATION 4 f JACKIE j Y *ed*e Pubesh in The Aspan Times Weelly 01 Seotapber : i L038~N'f )0 1 4. 201 1 09~38591 ' 7.93 5%347 Exhibit 10 Resolution No. 18 (SERIES OF 2006) F , 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 4 M.I WHEREAS, the Community Development Department received an application f 9!. 1 , 00 from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950; " " 4 Reston, VA 20190; represented by Sunny Vann of Vann Associates, requesting approval ' ft Â° Sdi 4-1 N of six (6) free-market residential growth management allotments, two (2) affordable I F -0 3 a housing growth management allotments, eighteen (18) lodge growth management I N 9 J 1 1.DotsÂ® allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay, G Planned ~ Unit Development approval, Condominiumization approval, and vested rights 1 .."~"'".~Mi for the redevelopment of the Boomerang Lodge located at 500 West Hopkins Avenue and === 04 known legally as Lots K through S of Block 31, City and Townsite of Aspen, Pitkin ~81 County, Colorado; and, WHEREAS, the site currently contains 34 hotel units in a structure of : Â·Â· u=.... u : 251@aiiE# U i approximately 23,000 square feet of Floor Area and surface parking located primarily .....,1-........ 1- 1 within the public rights-of-way. The proposed development includes 52 hotel units, 6 free- 1 =2=2 market residential units, 2 affordable housing units, a 3 1-space underground parking ~ eme@-El facility, and 17 surface parking spaces in a structure of approximately 51,000 square feet of ---0: EaE.*I.* .1 Floor Area as defmed by the City ofAspen; and, i Y==2! WIIEREAS, the Community Development Department received referral --..i #"I,1"I".&.. LU % comments from the Aspen Consolidated Sanitation District, City -Engineering, Building ~ ~ ~ 1 Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments l 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 h duly noticed public hearing Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 1 .. 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 Â·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 front 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 hereinaftdr. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1: Growth Mankgement Allotments / A ~ e e The Planning and Zoning Commission, pursuant to Chapter 26.470 - Growth 1 Management - hereby grants to the Boomerang Lodge Redevelopment project six (6) ! 3 1Â§~ free-market residential allotments and two (2) affordable housing allotments, and i , eighteen (18) lodge growth management allotments, subject to the requirements listed hereinafter. I ID DZ & Â®1 MEEME ,0 I Section 2: Recommendation of Approval for Subdivision, Rezoning for PUD 1 Efrl.-/*i gl Overlay, and PUD Final Development Plan The Planning and Zoning Commission, pursuant to CApter 26.480,26.310, and 26.445 - 1 -==~= 22 2*Ii,-,a 2 Subdivision, Rezoning, and Planned Unit Development, respectively - hereby recommends 1 !552/1/Â£~U City Council grant Subdivision approval, rezoning for a Planned Unit Development ---/.1 Overlay, and Planned Unit Development Final Development Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter. 1 52*f*Ed 1. ===3 Section 3: Proiect Dimensions The following approved dimensions ofthe project shall be reflected in the Final PUD Plans: i Fapâ€¢,2-imi K Proposed Development + Dimension =E~ Minimum Lot Size 27,000 s.f. 1 ---: 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. f:?Â·flils ,;rie#dig to.bd Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 2 .. b..or63*06[fie Pedestrian Amenity Space 19% Floor Area:9 649; 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 03 1 provide recycling in the cost of trash pick-up. C au'i Section 5: Affordable Housing ; r- 1 S S The applicant shall provide two Category 2 affordable housing units as depicted in the & 3 19 ~ 1 A.. Â· Â· 4Â· application dated December 30,2005. These units shall be considered full mitigation for I At & U the development proposed in said application. 1 M 2 23Â® 1 1 01 i MBEE to , A Certificate of Occupancy for the Boomerang Lodge Redevelopment project shall not be i EN--3 wl issued until such time as Certificates of Occupancy for the deed restricted affordable ~ ~ housing units, wlich are required for mitigation, have been issued. i22- 31 The employees to be housed in the deed-restticted units shall meet the qualification criteria contained within the APCHA Guidelines, as may be amended from time to time. ! SISE+SE_, *=---.-1 i The applicant shall structure and record a deed restriction for the affordable housing units ~ !95*233 1 ! *&&2%8 3.1 such that an undivided 1/10th of 1 percent of the property is deed restricted in perpetuity to m= iII 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 5 ~#"1*~"*"1 w 1 acceptable. i GaRâ€¢-1 -1 1 229*132 a ! 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 .. 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 Conununity 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 forthe utility provider. Transformers and pedestals shall be located outside of the public right-of-way m unless licensed. M Se ..1 â€ž1 4. The applicant shall provide the final approved Subdivision line data or survey e r- 4- 0 0 description data describing the revised building, street, and parcel boundaries to - 3 .0 3 6 the Geographic In formation Systems Department prior'to applying for a building 1.-Â· 3 = permit. The final building location data, including any amendments, shall be g Y@Â® provided to the GIS Department prior to issuance of a Certificate of Occupancy. 1 2,4*62*aN G It?#EXAM If) Et/*130 *=,St//ZI'. In addition to the standard requirement of Section 26.445.070.B, the Final PUD Plans shall I 1*J: include: i IZE[Ky'l"In,0 2 1. An illustrative site plan with adequate snow storage areas and/or snow melted areas ia@mia= 2 depicted. Approved project dimensions shall be printed on the final illustrative plan. r==reE. g. -1 g*De/32De 0- 2. A landscape plan showing location, amount, and species of landscape improvements 1 3221(~ 3 ./2/'&/'&/'ll 3 ! with an irrigation plan with a signature line for the City Parks Department, ; 9/Ell/*IES~ a I f **g;Kkme=4 13' .OJ 3. A sidewalk and curb improvements plan depicting a detached sidewalk with ! ~ planting buffer along both West Hopkins Avenue and North 5th Street. The 1 -- ML sidewalk shall be five feet in width and be located adjacent to the property 1 -=====0, boundaries, or as close as possible given existing vegetation as determined by the ----- 1 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 .. 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 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, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements N j within public rights-of-way with reference to their locations depicted on the 1 9% 6 Subdivision Plat. v- 4- /0 G 0 0 â€¢ 1 .1. ~ d e j 2. In order to secure the performance of the construction and installation of : " % 0 1 h W .2 1 improvements in the public rights-of-way, the landscape plan, and public facilities i m $ i 30 00 performance security shall include and secure the estimated costs of proposed ~ D- e g right-of-way improvements. 1 ?mate.10 ' ./5,0239*m .- i 49/2Eeze; - : 3. A revocable license agreement to use portions of the Fourth Street right-of-way F .~122'Fod O for dedicated parking. : ===P :22 N 4. A license agreement to use any public rights-of-way, or portions thereof, adjacent .232CME-) O to the project site for construction staging including a fee to use the land at a rate ".9,â€¢A,=m. z of $1.25 per square foot per month for the time period in which the land is to be ; ~E occupied for construction staging. 'm~fle=â€¢ 6 :K==I? Section 9: Impact Fees , ==6=== O j I lar= 10 Park Impact Fees of $41,039 shall be assessed. Amendments to the Project or to the fee ; =-0' i 1 ...â€¢exaft k schedule adopted prior to issuance of a building permit shall require a new calculation. ! .'.,=%.*. L.LI ' The following fee total is based on the current proposal and fee schedule: i /2;.1/</".-M |1 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 .. 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 o f 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 peimit. 5 6.} i r. r.1 0 Section 10: Water Department ~ 3-- 4- it] Q ' 00 The applicant shall comply with the City of Aspen Water System Standards, with Title v. e 3 6 \ o 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and 6 1/ . Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of 1 0 Â£28Â® Aspen Water Department. i IREI=I'll' Soil nails will not be allowed in the City ROW. Section 11: Sanitation District Standards/Requirements 1 %0=8 The applicant shall comply with the Aspen Consolidated Sanitation District's rules and i â€ž~,â€žÂ£,~, ~ regulations, including the following: \ 019'tiMM=. * 1. Service is contingent upon compliance with the District's rules, regulations, and . Giv/Yul,iiW ..1 specifications, which are on file at the District office at the time of construction. , li...6 d 0 2. Applicant's engineer will be required to give the district an estimate of anticipated I Â° daily average and peak flows from the project. 3. A wastewater flow study may be required for this project to be funded by the 1 ---EEWI Bia-~ff 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 0.' 2 CO Aln .. 8. Glycol snowmelt and heating systems mu'st 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 pior to building pernfit. 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 pennit. 15. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or 0. j treatment system) an additional proportionate fee will be assessed to eliminate the i 0 46 1 downstream collection system or treatment capacity constraint. Additional r"- 4- 10 CD 1 proportionate fees would be collected over time from all development in the area I ct. 10 & 6 ~ of concern in order to fund the improvements needed. , T- 5 0, /O 6. s Â® Section 12: Pre-Construction Meeting Prior to Building Permit Submission, a meeting between the following parties shall be ~ ~ - 1 conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development -Engineer, City Engineer, Building Official/Plans Examiner. 1 ~ The purpose of the meeting is to identify the approving ordinance and any anlendinents, I maE I,210â„¢*S= : identify conditions of approval, discuss the Construction Management Plan, identify the 1 g~ 0 Z 1 06*Pirmo < timeline for plat and PUD/SIA agreement recordation, identify the types of building 1 -91~ 51 Teffe r J 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 1 Em@g 3 1 building permit process, discuss responsibilities of all parties in getting permits, changes, 4 9...1 CE 0 etc., and review the Building Department checklist. ---Zm--- 01 2%3*Zii En 1 25%*.24 Y Section 13: Construction Management Plan Prior to application for any Building Permit, Foundation Permit, Access Infrastructure ~gagfle'il/4 1 , 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 0 - S 3 00 AINA .. Department. Street closures concun-ent witli significant public events shall be -Â· avoided to the greatest extent possible. j 3. A notice to be sent to neighboring property owners describing the general schedule of the project and the contact information o f 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 constructipn. A eQ ,-1 .-4Â® â€¢r- 4- to Q Section 14: BuildinE Permit Requirements 4 034 .r-- co t! cl The building permit application shall include/depict: h. 1 8 04 01\ 1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use 1022Â® e approval. 2. A letter from the primary contractor stating that the approving Resolution and Ordinance have been read and understood. 0 2ii@@*Gaw 0 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 Cily's requirements for accessibility. 6. A landscape plan showing location, amount,. and species of landscape improvements "p=ealpic, 1,1 with an irrigation plan for approval by the City Parks Department. ===22 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. Pianning and Zoning Commission Resolution No. 18, Series of 2006 Page 8 11111111111 ill VOS CAUDILL PITK: COLI~TY .. 10. An asbestos inspection report. Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, can)et, 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 delnolition 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 ofa 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. a 14. A construction site management and parking plan meeting the specifications o f the (9 City Building Department. 14- 10 a '0Â® .. 1. 03 <9 r- 03 N f. Â·Â· 4 Â° Prior toissuance ofabuilding permit: LD des 1. All tap fees, impacts fees, and building permit fees shall be paid. G BEE~ ID 2. The location and design of standpipes, fire sprinklers, and alarms shall be 225*=#c/ acceptable to the Fire Marshall. E-4FIZy~D~e ==== C Section 15: Noise During Construction ==aâ€¢â€¢- g During construction, noise cannot exceed maximum pennissible sound level standards, -#"""*'*- Q and construction cannot be done except between the hours o f 7 am and 7 pm, Monday ---E 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 -- 3 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 curient Cat 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 JANIE K VOS C D'L .. 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 o f 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 on ~Le,/3 2006. V APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION; 34 1 0 2/Ge Davtd Hoefer, Asst. City AMorney Jasmine Tygre, Chair ATTEST: Un~dtuj \44-uju rkie Lothian/Deputy City Clerk C;\home\Current Planning\CASES\Boomerang Lodge\Reso.doc I jil~ lilli ill jill li I lililhl li Ililll '11 ililli li jill 527141 Page: 10 of 10 JANICE K VOS CAUDILL PITK N COUTY CO 1 51.00 D 0.00 08/04/2006 10:231 Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 10Â· f Ila 40 0/Al 1 1, Al.Ju. Lu. Luvi Â· i.44AM CILOF ASPEN - -NO. 2042-P. 2/4 Exhibit 11 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 Hoffman, 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 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 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 of 4 to 0; and WHEREAS, 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 ofpublio health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 The City Coundl finds that the application is complete and sufficient to afford review and evaluation for approval; and 0 AUG. 28.2007 11:44AM CITY OF ASPEN -NO. 2042-P. 3/4 .. Section 2 The City Council does hereby approve designation of a portion of the proper* 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 thitly (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as proxkled-1Uaw, by the City Council ofthe City of Aspen on the 14th day of May, 2007. i / A /34./02%2~,054*fL-'' HileR }Ca~*1~1 derud, Mayor 1 #L - kathryn S. K~6, City Clerk FINALLY, adopted* passed and approved this 11Ih dav of June..2â‚¬j~~~;;~/ -1-244,141/ IiÂ¢ien Ka:tn Klanderud, MAyny~ AAâ‚¬544 'Kathryn S. 10*, City Clerk Approid-ade form: C Las<J in-t 11*a johiEP. *orcester, City Attorney Exhibit A- Map of Lots K-S, Block 31, City and To*nsite of Aspen, showing portion of U./ property designated as a Historic Landmark. AUG, 28,2007-1 1 :44AM~~CITv OF ASPEN-NO, 2042-3, 4/4 - .. i LANDMARK AREA / -- 1 - 1 , , E. 1 \ 1 9 + 4 4 -, 8 f 1 - ..042 F *A r nt T, R ,- IrÂ¥1 - Al= . 1 0.01 , m:*9ti . , f -Â£4Â£24 J. 4,5.2: Â·.1.-1.t, . ; < f Â¥ s .- -S*E~~ - ' 6 Bot L-4-0117 Â·. . . - 1 .- .e--IF+,@0~~2 - -2 . \ ...9 0 1 a j zED : -r .... ..4 11.9..2EnÂ·.Me -' - 416 ~ r 2 1.... Â·I -##I...W....J=Wh - - Â·M + ~ 79@*I+62*Â»% *PZ*' 05 i ... 09Â·" r , , ' : - b W.â€¢,1-19.IN.41::IN.u. 1 , I.:n<y.:1/ ri, ... ;LI T . i L- CK ...0 1 I ~ 1 ..'/El *EN /&5%&% ..â‚¬t .- P . REE'. 1. 22-111.M - : .eM! 4 ' , 4Ii .. 1*105 m= 0 . .at P : Im , , *# s WI y . , - ' @. Â£*Ah~ 21 . #tk 4 4 . k 'Â·' 2 9 - r . .1 d 0 ..: -1 111 ..! . m, ~~.,80% 4- 1.' 1 / 4 12. ~ ~-__._ Â·A46 - :-11@*@râ€ž .' ' * .E F ' t}** ~' ~ J '. ..N f 'b . i -C Â· dh, 6... g#Elxi. 1 . r , '+2. 2.f#=_ 8 6, J/;t )Â·4"I, -- * - ~Â·.ui.;. 0* 2.1 4 .ff I'* 57,~i~gui~ *0**' .." fricÂ·! i 2 i , ~:.,p 4.4..'2 ::f=~ ~ 2-. Crm- witsÂ¢Se' 46 - ' NEry NATYR LANDMARK AREA FALLS 1 |3*Rl EASTEP:.N FACADE AND POOL &23EW SUBJECT TO HFO FURViEn ~ NEFY BUILD'Ns >IhIVHLINV Exhibit 12 t. . ' r 9.-1-#I THE CITY op ASPEN January 7, 2010 Michael Hoffman Garfield & Hecht, P.C. 601 E Hyman A*e Aspen, CO 81611 Re: Permit Number: #0043.2007.ACBK - Permit Address: 500 W Hopkins Ave - Dear Michael: Your request to extelid the building permit application referenced above has been - reviewed and granted. Administrative Order # 1 2010 and Resolution # 58 (series 2009) allows the building permit to remain active until Oct 20,2012. The extension shall not impact, change or extend any expiration dates associated with any land use approvals and/or vested rights granted by the Aspen City Council or the Aspdrl Community Development Department. Your permit application will expire if not issued by Oct 20, 2012. Regards, 9649#4- AS-70 Stephen'Kanipe, CBO Building Official, City of Aspen -44 i -=42 -1 - '. AN . 1 - .... 4 1 J ''4<J-0 * 4-~ 130 30*04 GALE.NA STREET' Â· ASPE.fi Col,oRADO.81611-1975 C Piloi\'Â£ 970.920.5000 Â· FAx 970.920.5197 j www. asperlgov. com Ft]Ated on Recycled Paper 4,12)".A'. .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDR-ESS OF PROPERTY: 500 West Hopkins Avenue, Aspen, CO SCHEDULED PUBLIC HEARING DATE: August 13,2012 STATE OF COLORADO ) ) SS. County of Pitkin ) I, E. Michael Hoffman (name. please print) being or representing an Applicant to the City of Aspen. Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: O 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 o f the publication is attached hereto. Â® 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 224 day of February. 2011, to and including the date and time of the public hearing. Two photographs ofthe 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 fi fteen (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 ofthe owners and governmental agencies so noticed is attached hereto. 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 o f this Title and enactment o f a new land use regulation, or otherwise, the requirement ofan accurate survey map or other sufficient legal description o f, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However. the proposed zoning map shall be available for public .. inspection in the planning agency during all busings hourg,ftir~fteen (15) days prior to the public hearing on such amendments./ // Stgnature The foregoing -'Affidavit ofNotice" was acknowledged before me this 2nd day of August, 2012, , by E. Michael Hoffman. WITNESS MY HAND AND OFFICIAL SEAL â€¢70.â€¢ il *E ' : CHRISTINE ': ~ My commission expires: O %/6//22Â¢545 ~ i. CUNNWIGHNA j # 70 .BASE'*869/2 0 U.... ...33 CLA.12Â£EtU~e~__C_Ul+4-9Â«-3 Notary Public ATTACI]MENTS: COPY OF THE NOTICE TWO (2) PIIOTOGRAPIIS OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL .. PUBLIC NOTICE RE: 500 WEST HOPKINS AVE (BOOMERANG LODGE) - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 13,2012, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Aspen FSP-ABR, (602 N. Fourth Street, Aspen, CO 81611), which is the owner ofthe subject property. The Applicant requests an extension of the existing vested rights permitting the development of the site with their approved development plan of a condominiumized lodge (containing 47 lodge units, 5 free-market multi- family residential units and 2 affordable housing units). The property is commonly known as 500 W. Hopkins Avenue, and legally described as Lots K, L, M, N, 0, P, Q, R and S, Block 31 ofthe City o f Aspen Townsite. For further information, contact Jenni fer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-5090, jennifer.phelan@ci.aspen.co.us. s/ Michael C. Ireland. Mayor Aspen City Council , 4%19 90 4 '. I ' . 4-,2. f ti 9 1 41 TIC 1 . , 3* & ik, 4 i , p . 1},st 13~11 t + :4* 68 .2 I m P,1. 9 1*tic" - * b * 1. jace. City Council Charn: * I. . 30 S. Gateaa Stree: -' ~ Purpose:/ ''.; i{Agplicant.{AsufFSP:8*3.LLÂ¢.602 I #.*.- ...... . N. 4tr St,,As, W.81610 . . 'equestsdan*tel#o- ested .0 . I. # ,?gli# fate*it permiÂ®nY he de*opme f - '~ site *h Cond 'jumimit . , . 1 4 (Centhini 1 nits, ' e . 44 4 . - . 41-4., 4 60,4, fu aÂ® 2 4 5 -4 . I SI :. - E â€¢,i affe~:*4 h S â‚¬ â€ž .. 'ly 2. , 1, For furtheiln ac g~,~ â€¢ 1 4. 4 , 4 4,~~nnin 0-5 4 4, y - mr. 44 r 1 i 7 4/ 4 4 3 . L f.. 0 . ' , f - 4~ ''â€¢ 41 . 6., 4 tr ./1 , $ r E y f . I 4. , ./ . I .: 4; . 0 ' .)& 1, . 2 1 :IÂ¥? A. 0 5 41 2 ' 1 . 9 0/ I I p 14 .4. % 0 9 5~0 -=4 W: 1Â« O TIC D te, Moh' , August 13,2012 Ime: 5:00* M 9% g ie. 4 . + e: gly Coundil Chambers, 130 S_.Salena_Street___ Purpose: " ~ ARPticant{Aspe-n_ESP-AÂ¥., LLC 02 N. 4th St.,Aspen, O 81Â¢11) uestsÂ¢ an e n ion ~ ted hts associated*With this pr , ermil~n*he develophie* 2.44 9 site with a c domill#imiz ge :-48 11 â€¢ (contai*ng? lod e its, 5 tee ' ~; ... - /, f and 2 market fesi / 1. affordabld hou For furth - ' ~ m ac en '4; anning 2.97 0-509 4 4 - ' &3 - E. Exhibit 8 Bend along line to ~ AVERYÂ® 5160Â®, 2 UÂ· Feed Paper- expose Pop-Up Edge A 521-523 W HOPKINS AFFORDABLE 01037H TRUST 501 WEST MAIN LLC HOUSING 715 N SIERRA DR 532 E HOPKINS AVE CONDO ASSOC BEVERLY HILLS, CA 90210 ASPEN, CO 81611-1818 521 W HOPKINS AVE ASPEN, CO 81611 604 WEST LLC 612 WEST LLC ALLEN DOUGLAS P 604 W MAIN ST 604 W MAIN ST 403 LACET LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ALPINE BANK AMAYA JOSE ANTONIO ANGELOV DIMTAR S & DANIEL D ATTN ERIN WIENCEK ARGUETA BLANCA EDITH 605 W HOPKINS AVE #209 PO BOX 10000 605 W HOPKINS AVE #103 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 ASPEN, CO 81611 ASPEN MESA STORE LLC ASPEN FAMILY HOLDINGS LLC ASPEN SQUARE CONDO ASSOC INC C/O ASPEN BLUE SKY HOLDINGS LLC 137 WESTVIEW DR 617 E COOPER PO BOX 8238 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 BERR LLC BLACK BENJAMIN F & ALICE M BRIDGE WILLIAM 611 W MAIN ST 605 W HOPKINS AVE #208 367 CAMINO SAN CLEMENTE ASPEN, CO 81611 ASPEN. CO 81611 SAN CLEMENTE, CA 926723705 CARROLL MEREDITH COHEN BROOKS NORMAN A & LESLEE S CARTER RICHARD P CARROLL ARTHUR RICHARD 16311 VENTURA BLVD #690 PO BOX 2932 605 W HOPKINS AVE #210 ENCINO, CA 91436 TELLURIDE, CO 81435 ASPEN, CO 81611 CITY OF ASPEN CHAKERES REAL ESTATE LLC CHRISTIANA UNIT D101 LLC ATTN FINANCE DEPT 3431 E SUNSET RD 795 LAKEVIEW DR 130 S GALENA ST LAS VEGAS. NV 89120 MIAMI BEACH, FL 33140 ASPEN. CO 81611 COCHENER CAROLINE A TRUST CLEANER EXPRESS CORONA VANESSA LOPEZ NUMBER TWO 435 E MAIN ST PO BOX 3670 7309 E 21 ST ST #120 ASPEN, CO 81611 ASPEN, CO 81612 WICHITA, KS 67206 CORTALE ITA CUMMINS RICHARD DESTINATION RESORT MGMT INC 205 S MILL ST #112 1280 UTE AVE #10 610 S WESTEND ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN,CO 816112142 DUNSDON S MICHAELE DILLON RAY IV EMERICK SHELLEY W BORKENHAGEN DAVID A PO BOX 10543 2449 5TH ST 617 W MAIN ST #D ASPEN, CO 81612 BOULDER. CO 80304 ASPEN, CO 81611-1619 ttiquettes faciles & peler Â· A Repliez & la hachure afin de t www. avery. com ~ Utilisez le gabarit AVERYÂ® 5160Â® i Sens de reveler le rebord POP-U~IM ; 1 1-800-GO-AVERY chargement Easy PeelÂ® Labels i I Bend along line to ~ ~* AVERYÂ® 5160Â® i Ule AveryÂ® Template 5160Â® ~ ~aper -~ expose Pop-Up Edgeâ„¢ 1 ERICKSON A RONALD FARR CHARLOTTE FAT CITY HOLDINGS LLC 605 W HOPKINS AVE #211 306 MCCORMICK AVE 402 MIDLAND PARK PL ASPEN, CO 81011 CAPITOLA,-GA--96610- ASPEN, CO 81611 FINE FREDRIC N & SONDRA FRANSEN ERIN M & GREGORY H FRIAS PROPERTIES OF ASPEN LLC 412 MARINER DR 605 W HOPKINS UNIT 206 730 E DURANT JUPITER, FL 33477 ASPEN, CO 81611 ASPEN, CO 81611 GANT CONDO ASSC GARMISCH LODGING LLC GOLDENBERG STEPHEN R & CHERYL J 610 S WESTEND ST 110 W MAIN ST 430 W HOPKINS AVE ASPEN, CO 816112142 ASPEN, CO 81611 ASPEN, CO 81611 GOLDMAN DIANNE L GORDON LETICIA H & H PROPERTIES LLLP PO BOX 518 3920 GRAND AVE #800 807 W MORSE BLVD STE 101 FAIRFIELD, CT 06824 DES MOINES, IA 50312 WINTER PARK, FL 32789-3725 HAISFIELD MICHAEL DOUGLAS HAYMAN JULES ALAN HUCKABEE CHRISTOPHER M HAISFIELD LISA YERKE 9238 POTOMAC SCHOOL DR 4521 S HULEN 3220 616 W HOPKINS POTOMAC, MD 20854 FORT WORTH, TX 76109 ASPEN, CO 81611 HY-MOUNTAIN TRANSPORTATION INC IGLEHART SANDRA K JAS CAPITAL LLC 111CAABC 617 W MAIN ST 617 W MAIN ST #E ASPEN, CO 81611 ASPEN. CO 81611 ASPEN, CO 81611 JEWISH RESOURCE CENTER CHABAD JOHNSON STANFORD H JOHNSTON FAMILY TRUST OF ASPEN PO BOX 32102 2018 PHALAROPE 435 W MAIN ST TUCSON, AZ 85751 COSTA MESA, CA 92626 ASPEN, CO 81612 KELLY KIM KELSO DOUGLAS P KIRVIDA KATHY L REV TRUST 605 W HOPKINS AVE #202 627 W MAIN ST PO BOX 518 ASPEN, CO 81611 ASPEN, CO 81611-1619 LINDSTROM, MN 55045 KONIG DEBORAH KURKULIS PATSY & PAUL R LESTER JAMES HANSON KIM 605 W HOPKINS AVE #201 375 S EBD AVE #35C 605 W HOPKINS AVE #203 ASPEN, CO 81611 NEW YORK, NY 102801086 ASPEN. CO 81611 LOT 2 BOOMERANG LOT SPLIT LITTLE AJAX CONDOMINIUM ASSOC MADSEN MARTHA W PLANNED COM OWNERS ASSOC 605 W HOPKINS #006 608 W HOPKINS AVE APT 9 533 E HOPKINS AVE 3RD FL ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 A ttiquettes faciles & peler i Repliez & la hachure afin de 1 www.avery.com ' Sens de 6 Utilisez le gabarit AVERYÂ® 5160Â® chargement r*vdler le rebord Pop-UpTM ~ 1-800-GO-AVERY A Easy PeelÂ® Labels .i A Bend along line to Use AveryÂ® Template 5160Â® vl 1 Feed Paper - expose Pop-Up Edger~ ~ AMERY*5160Â®.1 A MARSHALL ALISON J & JOSHUAW MOLLER DIANE T NAVIAS CRAIG & ESTHER TRUST 605 W HOPKINS AVE #212 1710 MIRAVISTAAVE PO BOX 4390 ASPEN, CO 81611 SANTA BARBARA, CA 93103 ASPEN, CO 81612 NECHADEIM REALTY LLC NELSON TREVOR T & ROSE MARIE NIX ROBERT JR PO BOX 4950 605 W HOPKINS #207 PO BOX 3694 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 NORTH AND SOUTH ASPEN LLC NORTHWAY LLC PERRY EMILY V 200 S ASPEN ST 106 S MILL ST #202 700 12TH AVE S UNIT 807 ASPEN, CO 81611 ASPEN, CO 81611 NASHVILLE, TN 372033372 RAINBOW CONNECTION PROPERTIES RENO ASPEN PROPERTIES LLC REVA LLC LLC 7710 E EVENING GLOW DR PO BOX 1376 4475 NORTH OCEAN BLVD #43A SCOTTSDALE, AZ 852661295 ASPEN. CO 81612 DELRAY BEACH, FL 33483 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 SCHEFF JONATHAN & BUTTERWICK SAND CANYON CORP SCHALL FAMILY TRUST 8/31/1998 KIMBERLY 501 W MAIN ST 3841 HAYVENHURST DR 6450 AVENIDA CRESTA ASPEN, CO 81611 ENCINO, CA 91436 SAN DIEGO, CA 92037 SCOTT MARY HUGH SHADOW MTN CORP SHERWIN ENTERPRISES L[-C RUSSELL SCOTT 111 & CO LLC C/O GENARO GARMENDIA C/O JENNIFER SHERWIN 5420 S QUEBEC ST #200 121 ALHAMBRA PLAZA STE 1400 1714 VISTA ST GREENWOOD VILLAGE, CO 80111 CORAL GABLES, FL 33134 DURHAM, NC 27701 STARFORD PROPERTIES NV SLTM LLC SMITH ANDREW C & DONNA G C/O GENARO GARMENDIA 106 S MILL ST #202 3622 SPRINGBROOK ST 121 ALHAMBRA PLAZA, STE 1400 ASPEN, CO 81611 DALLAS, TX 75205 CORAL GABLES, FL 33134 STASPEN LLP STUART DANIEL S & TAMARA B THE PRIDE LLC 1180 PEACHTREE ST NE PO BOX 3274 739 25 RD ATLANTA. GA 303093521 ASPEN, CO 81612 GRAND JUNCTION, CO 80505 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 ttiquettes faciles a peler i A Repliez zi la hachure afin de ~ www.avery.com 1 Sens de Utilisez le gabarit AVERYÂ® 5160Â® chargement r*veler le rebord Pop-UpTM ~ 1-800-GO-AVERY 1 Easy PeelÂ® Labels i ~ I Bend along line to 1 ule AveryÂ® Template 5160Â® 1 '~per - expose Pop-Up Edgeâ„¢ 1 ~* AVERYÂ® 5160Â® i A TUCKER LUCY LEA ULLR HOMEOWNERS ASSOCIATION VERNER DANIEL A & MERYLE PO BOX 1480 600 E HOPKINS #304 2577 NW 59TH ST ASPEN, CO 81611 ASPEN, CO 81611 BOCA RATON, FL 33496 VIEIRA LINDA 50% INTEREST WAGNER HOLDINGS CORP LLC VOSS NATALIE S HALL TERESA 50% INTEREST C/O BILL POSS 605 W HOPKINS AVE #204 0095 LIGHT HILL RD 605 E MAIN ST ASPEN, CO 81611 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 WINGSTONE TOY COMPANY LLC YLP WEST LLC THE WEST FAMILY OFFICE 12 GREENBRIAR LN 7 SOUTH MAIN ST 2023 WAYNESBOROUGH RD PAOLI. PA 19301 YARDLEY, PA 19067 PAOLI, PA 19301 YOUNG PAUL 111 FAMILY TRUST 413 W HOPKINS AVE ASPEN, CO 816111603 A ttiquettes faciles & peler i Repliez & la hachure afin de J www.avery.com I Sens de Utilisez le gabarit AVERYÂ® 5160Â® chargement raveler le rebord Pop-Upâ„¢; 1-800-GO-AVERY ~ .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 5-00 W. HBpki K Ar-'A- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Mendal '1,4~ e â‚¬ y.prn , 20(2- STATE OF COLORADO ) ) SS. County of Pitkin ) I (name, please print) ArnÂ·41 Ec-wÂ« being or representing an Applicant to the City of Akpen, 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: 4 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting 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 day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date o f the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) .. Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 94--16Â£Â»---~ Signature The foregoing "Affidavit of Notice" was acknowledged before me this 27 day oirrt,d.~ , 20_Q-by Ameta Â·ens,Â·rel , WITNESS MY HAND AND OFFICIAL SEAL 4 erf.X.?.981 0Â·4~ My commission expires: 6-24-20(Ll iÂ® LINDA M. ~i 044 H 9 01 t, MANNING i 9... . -Notary Public My Commission Expires 03/29/2014 ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 FEr/ re 2132,m~@igg:99;Impaic 1 RE# NE -le:*Â»131=59,112*352@ O.E.dolle.g:I 1 :0Â®2 c EUE a.g : ICID--a a ." 0 2 -12 5W -: #80/42#RER;fill % 8 : m 6 0-8 68 aa.Eula &0 0- 206 ==Ur - XO -17.~ 2 2 M 02 8 :m 99 = x mÂ· 2.6 0 -- 9 2 - m - 0 0 r. I CD Y :r 2 0 09>- O -'D m 39 *EFF:Aa:=%29*%51*:*2 Z= '03//r/&32=5029%14=g !UN . 1 - I. - 1 1 .. 1 1 ./ . -=3.Jo'.... c, ~ Ovme<vt=lgemo=owl-1 LODGE)- VESTED IGH S EXTENSIO FRIDAY, July 27, 2012 Post Indepen RE: 500 WES P I S VE(BOO ERAN