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Home My WebLink Aboutcoa.lu.rz.boomerangpudgm.A04100-3The application is divided into four sections. Section I provides a brief introduction to the application, while Section II describes the , project site and - neighborhood. Section III of the application outlines the Applicant's proposed development, and Section IV addresses the proposed development's compliance with the applicable review criteria of the Land Use Regulations. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., .proof of ownership, etc.) are provided in the various appendices to the application. n Boomerang Lodge Expansion Page 1 The following application requests rezoning, GMQS exemptions, conditional use, and minor planned unit development (PUD) approval for the expansion of the Boomerang ` -' Lodge onto the property across West Hopkins Avenue (to the south). The existing Irk ;: Boomerang Lodge is located at 500 West Hopkins Avenue on the south half (Lots K -S) -- of Block 31 in the City and Townsite of Aspen. The property that is the subject of this 'i application is currently zoned R -15, Moderate- Density Residential, and this application involves a request to rezone it to include Lodge Preservation and PUD overlays (R- 15/LP/PUD). GMQS exemptions will be required for the new lodge units as well as the s, project's proposed employee housing. It is also requested that vested property rights status be granted along with the project's various land use approvals. (See Land Use Application Form and Pre - Application Conference Summary, Exhibits 1 and 2.) .M: r, r-: The application is submitted pursuant to Sections 26.445, 26.470.070(M), 26 470.080(B)(3)(c), 26.710.320, 26.304.060(B), 26.310.040, 26.308.010, and 26.425.040 of the Aspen Land Use Regulations by Charles and Fonda Paterson (hereinafter "Applicant "), the owners of the property (see Title Insurance Commitment, Exhibit 3). Permission for Vann Associates, LLC, and Haas Land Planning, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 4. A list of property owners located within three- hundred feet of the property and an executed ` application fee agreement are attached as Exhibits 5 and 6, respectively. The application is divided into four sections. Section I provides a brief introduction to the application, while Section II describes the , project site and - neighborhood. Section III of the application outlines the Applicant's proposed development, and Section IV addresses the proposed development's compliance with the applicable review criteria of the Land Use Regulations. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., .proof of ownership, etc.) are provided in the various appendices to the application. n Boomerang Lodge Expansion Page 1 While the Applicant has attempted to address all relevant provisions of the Regulations, and to provide sufficient information to enable a thorough evaluation of the ' application, questions may arise which require further information and /or clarification. The applicant will provide such additional information as may be required in the course of the application's review. j H. PROJECT SITE & NEIGHBORHOOD (EXISTING CONDITIONS) a. a The existing Boomerang Lodge resides on the south half of Block 31 (Lots K -S), located on West Hopkins Avenue between South 0 and 5s' Streets. Lots K -S have a total area of 27,000 square feet. The first three units of the lodge were built in 1956 and " construction continued in several phases until the completion of the west building in 1970. According to the Pitkin County Assessor's records, the existing improvements total approximately 21,288 square feet, roughly 2,500 square feet of which includes finished v and unfinished basement areas. The lodge now includes 34 guest rooms (98 pillows). ra Parking for the existing lodge is located primarily along the adjoining alley and 4' Street. Twenty -seven off - street parking spaces are available. In addition, with a parking permit from the City, there is on- street parking along West Hopkins Avenue all the way from town to South 7`" Street. The existing lodge site is exceptionally landscaped with towering spruce trees, an abundance of mature aspen and cottonwood trees, sod, some fencing, and numerous flowers, plants, and bushes. There is an outdoor pool and separate spa, both surrounded by decking, planter areas, and a concrete block wall providing privacy. As mentioned in the Introduction, the property that is the subject of this application resides across West Hopkins Avenue (to the south) from the existing Boomerang Lodge and has an area of 19,287 square feet (0.442 acre). A yet to be r«t Boomerang Lodge Expansion Page 2 � Vase \ \ \ \ Y,MI I r 8 \ Y g^ Y neg. TA LQ e 00 O o® S, �w w� Q O °d on'or \ \ \ \ \ Y,MI I r \ \ \ \ +Z�4�20 l VV n Z / \ WN \ \ \ I \ 4- \ \ I \ G \ \ �i \ \ \ \ a \ \ OJ G 1 S' \ / 0 Q I .b 0 44' b0 N m O � J � ( w � h ¢ ¢ Ci o �^ 2 p 2 e E 4 b 10 a9\b / X920 LU k5= > z � W a y e 3.OY,Oj u' Y,MI I r Z / \ WN \ \ \ I \ 4- \ \ I \ G \ \ �i \ \ \ \ a \ \ OJ G 1 S' \ / 0 Q I .b 0 44' b0 N m O � J � ( w � h ¢ ¢ Ci o �^ 2 p 2 e E 4 b 10 a9\b / X920 LU k5= > z � W a y e resolved property discrepancy may result in the subject site including an additional 450 r+ square feet of land (see shaded areas on the proposed site plan). Although the existing Boomerang Lodge is zoned Medium - Density Residential with a Lodge Preservation Overlay (R- 6/LP), the subject site is currently zoned R -15, Moderate - Density Residential. The project site is currently vacant, with no existing development or improvements " located thereon. As the improvement survey on the following page illustrates, the subject property consists of portions of Lots A -I, Block 32. The subject property is more precisely described as follows: That part of Lots A, B, and C lying northerly of Line 7 -8 of the City `" and Townsite of Aspen (according to the 1978 re -survey by the Bureau of Land Management), except the southerly 20 feet thereof and the north 80 feet of Lots D, E, and H, the north 80 feet of Lot F, the north a.: 75 feet of Lot G, the north 50 feet of Lot I, Block 32, City and Townsite of Aspen. The site of the proposed development is located on the south side of West Hopkins Avenue between 4`' and 5a' Streets extended, and will be accessed directly from West Hopkins Avenue. It includes some 270 feet of frontage on West Hopkins Avenue, which will afford some twelve to fifteen parallel parking spaces. The site is just north of the City's Little Cloud Park, approximately six blocks west of Aspen's commercial core, and one block south of Main Street. Public transportation is readily available on Main Street, and provides access to all four ski areas and virtually any location in the Roaring Fork Valley. The subject property's topography is essentially flat with steep slopes beginning i just south of its boundary but not within the project site. No slope - related lot area or density reductions are applicable, nor are any other lot area reductions. Existing vegetation within the property consists mainly of wild grasses and sagebrush. There are no existing impervious surfaces, nor are there existing drainage facilities. w Boomerang Lodge Expansion t Page 3 With regard to existing utilities, please refer to the attached letter from Jay x Hammond, P.E., of Schmueser Gordon Meyer, Inc., Consulting Engineers (see Exhibit 7). The project site is located adjacent to an existing eight inch water line in West Hopkins Avenue as well as a twenty inch transmission main in the same street. An eight inch - sanitary collection main is also located in West Hopkins Avenue to the north of the project +^ site. Provisions for fire protection are extensive in the area of Block 32 with existing fire hydrants located on the southwest comer of Block 31, the northeast corner of Block 32, and most directly on the northeast corner of the site itself ( #572). " Electric service to the project site is from a buried primary electric line located in West Hopkins Avenue. There is an existing electric transformer on the south edge of the West Hopkins Avenue right -of -way just west of 5°i Street and an electric system manhole on West Hopkins about mid -block on the project frontage. Gas, telephone, and cable television lines are also currently buried in the West Hopkins right -of -way in the area between 4" and 5" Streets. There is a cable television pedestal on the south edge of Hopkins near the 6"' Street intersection. r Surrounding properties include the existing Boomerang Lodge to the north; the Little Cloud Park and various mine claims to the south; the undeveloped 4°i Street right - of -way and the Midland Trail to the east; and, the undeveloped Lots I and 2 of the Mary B. Subdivision to the west. As indicated by the City's Parcel Maps, ownership of the surrounding lands is somewhat of a "hodge - podge," making it difficult to understand and decipher the various ownership interests. Other surrounding properties include a two - story residential duplex to the northeast (corner of 4'h and Hopkins), and the two -story, multi- family residential, Madsen Apartments to the northwest (comer of 5b and Hopkins). In total, the surrounding land uses include a mix of lodges, offices (on Main Street), and duplex, single -, and multi - family residential. The architectural styles used on the surrounding buildings vary as much as their uses. More specifically, the eclectic mix of architectural styles associated with the surrounding properties can be described as Boomerang Lodge Expansion Page 4 r, ,-w ,. Gr follows: Frank Lloyd Wright Modern to the north (existing Boomerang Lodge); neo- Victorian to the west; motor court cabin (L'Auberge) and unadorned Adirondack to the northeast; and, "Traditional" and 50s plywood modern (Madsen Apartments) to the northwest. Roof forms vary from flat and shed roofs (Boomerang, duplex at 4a' and Hopkins, and multi - family at 5a' and Hopkins) to steeply pitched roofs (L'Auberge and single- family residences). The surrounding structures range in height from one to two - d: and- one -half (1 - 2.5) stories above grade. III. PROPOSED DEVELOPMENT: The Applicant proposes to extend the Boomerang Lodge operations onto their Block 32 property located directly across West Hopkins Avenue. The vacant lot will be r, developed with six freestanding structures, five of which will be used solely as additional, r� individual chalet lodging units. The sixth building will be located on the west end of the subject property (hereinafter "west end building "), and will include the following: two 1- bedroom affordable housing units; a common area for all guests of the project, including a bath house with whirlpool, bathrooms, and dressing rooms; and, two 1- bedroom guest units. „ ny The five free- standing chalets will each have a building footprint of approximately 740 square feet with nearly 2,180 gross square feet of floor area (including subgrade r space) and around 1,610 square feet of FAR floor area on three floors. Each of these t units will have three bedrooms and three and one -half (3.5) baths, for a total of six pillows per chalet unit. Combined, the five free- standing chalets will cover roughly 3,700 square feet of the site, have approximately 10,900 gross square feet of floor area (much of which will be subgrade and, thus, be exempt from FAR calculations), 8,060 square feet of FAR floor area, and thirty pillows amongst fifteen bedrooms. I Boomerang Lodge Expansion Page 5 _1 Lil VI Z n J ill 3; der i' LL L V/ Z 11 \J W -A Lj OL Ld ii tltlX a ay LL O t. ti l PC ;t in 4L <!u- -j al L L —j L,J co zW CL a 3 Ld J Z ILL < I � ur I,. Q Z� v W J W � W o � z 1- � z a Z W lu J t � x m Q � M Ul M W 3 �- w J Z �J J T ,— w a> w N z� su z= m i d v P LU YI V Q t7 , Z! Ito L Ld w W Q! r CD 4 I rl" r. i. The two 1- bedroom guest units in the building on the west end of the property will provide a total of four pillows, will be configured with one unit above the other (duplex style), and will have a combined gross floor area of approximately 1,920 square feet (roughly 960 square feet each). The guest unit on the first floor will be handicap accessible, as required. The common guest facilities (whirlpool, bathrooms, dressing rooms) will have a gross floor area of approximately 430 square feet configured as a one - story element (with dressing rooms and bathrooms downstairs) connected to the east end of the building. The two 1- bedroom employee residences will be split level units in a side- by -side configuration (townhouse style), and will have a combined floor area of approximately 1,400 square feet (approximately 700 square feet each). Split- level, in this case, means the units will each contain two stories, with the bedrooms upstairs. The west end building will have a total of approximately 3,720 square feet of FAR floor area. A total of thirty-four additional guest pillows (seven guest units), two employee units, and common guest facilities, encompassing approximately 15,350 gross square feet ' of floor area, are proposed. The amount of FAR proposed is substantially lower due to many subgrade spaces being included in the 15,350 square foot figure. Aside from the subgrade spaces of the guest chalets, basement and storage area in the west end building will include an additional 1,430 square feet (with potential to include a fitness room and sauna). The actual amount of total FAR floor area proposed is approximately 11,800 square feet. Vehicular access to the project site is and will continue to be gained via its West - -• Hopkins Avenue frontage. Access for trash pick -up will be from the South 4s' Street and South 5h Street rights -of -way adjacent to the property. Snow removal along West Hopkins Avenue is already handled by the City and will continue as such. A detached sidewalk will be installed along the street frontage, in the West Hopkins Avenue right -of- ' way, providing a link from the Midland Trail to the public right -of -way and vice versa. The Applicants will agree to financially participate if and when aneighborhood -wide project is undertaken to install curb and gutter along West Hopkins Avenue. Until then, Boomerang Lodge Expansion Page 6 p r� the Applicants would prefer to leave the street edge in its existing condition so as to match that of the north side of West Hopkins Avenue. No off - street parking is proposed as there exists ample parking both in the adjacent streets and across the street at the existing Boomerang Lodge site. Further alleviating the need for off - street parking, the Boomerang Lodge maintains a shuttle van service capable of transporting six passengers at a time. The shuttle service is available as needed (on call), and will be extended to those who use the expansion units. The service is available for airport pick -up and drop -off, as well as for transportation to various destinations throughout town. The Boomerang management has experienced little demand on their shuttle van service in the past, due largely to their proximity (half a block) to existing free bus service to /from the airport, town, and all four local ski areas in the form of public transportation and bus stops along Main Street. The commercial core and the music tent are also both within easy walking distance. In order to allow the lodge use, the vacant parcel will need to be rezoned from its current R -15 designation to include Lodge Preservation and PUD overlays. The resulting µ zoning will be R- 15/LP/PUD. With this rezoning, the Minor PUD process will be used to define the dimensional requirements, including parking, for the proposed development. At staff's suggestion (see Pre - Application Conference Summary, Exhibit 2), the otherwise required Special Review to establish the affordable housing parking requirements will be combined, pursuant to Section 26.304.060(B), with the PUD review. Compliance with the City's Residential Design Standards is not required since the structures will be devoted either entirely or partially (west end building is mixed use) to lodge use and are not rti+ "residential," per se. n E r No development involving the existing lodge structure or parcel is herein requested. Therefore, the PUD will define the dimensional requirements associated only with the project site. This application does, however, refer to the existing lodge inasmuch as it is tied to the operational, employment, and parking needs of the proposed expansion. Boomerang Lodge Expansion Page 7 i' In other words, the dimensional requirements (e.g., setbacks, height, FAR, open space, etc.) to be established for the proposed development will stand alone, but the operational, employment, and parking needs are intricately intertwined with those associated with the existing lodge. The new units will be operated as part of the Boomerang Lodge, under the same management and using the existing front desk and other facilities. Accordingly, this application describes the existing operational, employment, and parking characteristics of the Boomerang Lodge for comparison with the expected conditions after development. Both logically and in accordance with the Lodge Preservation regulations, these characteristics should be reviewed on the basis of incremental change /impact. In addition to their own home, the Applicants own a roughly 4,240 square foot triplex at 1020 Waters Avenue. The triplex contains three apartments of three bedrooms each. One of the three apartments has traditionally been rented to Aspen employees or summer students of the Music School, but is currently rented to school teachers. The other two apartments are used by the Applicant as housing for Boomerang employees. The Applicants have found their two apartments to be more than adequate to house their ` employees who do not already own homes. The units in the triplex are not deed restricted, but function as de facto employee housing under the Applicant's ownership. These units will continue to be available to employees of the Boomerang Lodge, including any "generated" by its expansion. Irrespective of the triplex, the Applicants will be providing housing for more than e " 60% the incremental increase in employment that will result from the proposed expansion. Both of the new 1- bedroom affordable units will be deed restricted in accordance with the Housing Guidelines, providing credit for housing 1.75 employees per unit. This means the Applicant will be providing new housing for a total of 3.5 employees (1.75 x 2). In reality, very few employees will be generated by the expansion since the existing employees will help to service the new units; nevertheless, housing for 3.5 employees is proposed. Based on the employee generation factors described later in this application, Boomerang Lodge Expansion Page 8 r the two proposed 1- bedroom units are more than adequate to mitigate the incremental increase in employee generation. Since each of the two affordable 1- bedroom units will contain approximately seven hundred square feet of net livable area, it is herein proposed that they be deed restricted to the so- called Category 3 level. Rental of the units will comply with the APCHA minimum lease requirements, and in accordance with the Affordable Housing Guidelines, Boomerang Lodge employees meeting the income, occupancy, and asset standards will be given first priority to rent the units. In the event there are no qualified persons directly employed by the owner or no Boomerang employees who want to rent the units, the units will then be offered to other qualified persons according to the procedures contained in the Housing Guidelines. The five chalets and the eastern wing of the west end building are oriented to match the orientation of the existing Boomerang Lodge at the corner of 4t' Street and West Hopkins Avenue; incidentally, this orientation of the existing Boomerang structure was matched in the construction of the duplex located across the street at the southeast corner of W. Hopkins and S. 4a' Street. While being oriented in a northwest- southeast manner, all of the proposed structures simultaneously maintain a street orientation by having the longest wall plane of their respective north elevations run parallel to the street. g The buildings cover a total of approximately 5,920 square feet of the 19,287 square foot site, resulting in a site coverage of just over 30 %. Should the above mentioned property P discrepancy be resolved in the Applicants' favor, resulting an additional 450 square feet of lot area, the site coverage percentage will drop to just under 30 %. With the exception of a few small areas behind the fourth chalet from the east and much of the area behind the west end building, almost all of the approximately 70% of the site not covered by structures will meet the City's open space definition. Although precise open space -to -view calculations have not yet been carried out, it is safe to estimate that more than 55% of the site will comply with the City's open space definition and Boomerang Lodge Expansion Page 9 c" measurement requirements after development. The reason so much of the area behind the chalets will continue to meet the open space requirements is the 4s' Street right -of -way and trail corridor adjacent to the project site (to the east) allows for the south side of the -- site to remain visible from pedestrian level along West Hopkins Avenue. r.� il. 0 The low percentage of site coverage and high percentage of open space is the result of generous setbacks and separation distances between structures. No structure is closer than fourteen feet from an adjacent building, and the proposed side yard setbacks are ten feet on each side. The low percentage of site coverage, high percentage of open space, generous setbacks, and ample spacing between structures are only possible because the Applicants are proposing a lack of on -site area being developed for parking. The other factor making these features of the proposed development possible is the Applicants' willingness and desire to sacrifice maximized densities in favor of a suitable, appropriate site plan. Consistent with the Applicants' mindset, as described in the previous paragraph, it is the their intent to leave the site in its undeveloped state with the exception of the structures, the walkways to the front doors of the structures, and the modest, down - directional lampposts on each side of the intersection of every walkway and the West Hopkins Avenue right -of -way /sidewalk. The walkways will be of stone washed concrete. Exterior lighting will be held to a minimum and feature down - directional, shielded fixtures to preserve the natural character of the area surrounding the site, including Shadow Mountain, Little Cloud Park, and the Midland Trail. The desire, and indeed the landscape plan, is to preserve and use, as well as replant, the wild vegetation which currently exists on the property. As already mentioned, the existing vegetation consists mainly of sagebrush and wild grasses. The Applicants intend to add only six aspen trees on Lots D and G (in the crook of the respective walkways), and fourteen honeysuckle bushes along the street frontage in an effort to complement the mature honeysuckle bushes that are prevalent on the existing Boomerang Boomerang Lodge Expansion Page 10 Polk r - Lodge site. The existing honeysuckle bushes found on Block 31 were planted some forty to fifty years ago by the Applicant. Over their many years of owning the Boomerang, the Applicants have observed an abundance of wildlife and birds in the area, and they wish to 7117 preserve, to the extent possible, the rural character of the surroundings. t: As the site plan and schematic architectural drawings illustrate, the proposed ' structures will complement the existing Boomerang Lodge. The existing lodge was designed by its owner, Charles Paterson, who is an architect. Mr. Paterson has designed the proposed structures and laid out the site plan such that the structures and their orientation will be fully consistent with that of the existing lodge. This goal is appropriate given that the new development will be a functional part of the Boomerang Lodge and r should appear as such. Mr. Paterson's style has been described in some architectural circles as "Frank Lloyd Wright Modern." Complementary architectural styles are found up and down the West Hopkins Avenue corridor and throughout the neighborhood. The proposed structures are of similar height and width to buildings located throughout the surrounding neighborhood. The chalet structures will have a peak height of approximately twenty -eight feet, but under the City's formula, will have a measured height of approximately twenty -three feet. In recognition of its larger overall mass, the west end building is scaled down to have a peak height of approximately twenty -six feet and a measured height of under twenty -two feet. Along the street front, the chalets will measure approximately twenty -five feet in length; the west end building will run some forty -six feet in length, broken into modules of no more than eighteen feet each. -- For purposes of comparison, the dimensional requirements associated with the underlying R -15 zone district (as they would apply to the subject lot) and those proposed r" for the PUD are as depicted in Table One, below. All square footages are rounded to the nearest ten square feet. Boomerang Lodge Expansion Page 11 r� TABLE ONE: DIMENSIONAL REQUIREMENTS COMPARISON 1. Minimum Lot Size: • In the R -15 Zone: 15,000 square feet. • Proposed forPUD: 15,000 square feet. r 2. Minimum Lot Area per Dwelling Unit: • In the R -15 Zone: 15,000 square feet for a detached residential dwelling or duplex; no requirement for a bed and breakfast or a boardinghouse. • Proposed for PUD: no requirements. — 3. Maximum Allowable Density: • In the R -15 Zone: regulated via minimum lot area per dwelling unit; otherwise, not specifically regulated. • Proposed for PUD: one lodge or residential bedroom per 1,000 square feet of lot area. 4. Minimum Lot Width: ` • In then -15 Zone: 75 feet. —* • Proposed for PUD: 75 feet. 5. Minimum Front Yard: • In the R -15 Zone: 25 feet for residential dwellings; 30 feet for accessory and all other buildings. • Proposed for PUD: 10 feet. 6. Minimum Side Yard: • In the R -15 Zone: 10 feet. • Proposed for PUD: 10 feet. 7. Minimum Rear Yard: • In the R -15 Zone: 20 feet for all buildings except residential dwellings and accessory buildings; 10 feet for residential dwellings; and, 5 feet for accessory buildings. • Proposed for PUD: per approved final PUD development plans. r, S. Maximum Site Coverage: • In the R -15 Zone: not regulated. • Proposed for PUD: 35 %. un Boomerang Lodge Expansion Page 12 r, Table One Notes- 1: The minimum lot area per dwelling unit provisions of the R -15 zone district cannot be directly applied to a property containing a mix of uses, especially when most of Boomerang Lodge Expansion Page 13 9. Maximum Height (including view planes): • In the R -15 Zone: 25 feet. • Proposed for PUD 23 feet for the west end building, and 25 feet for the chalets2. 10. Minimum Distance Between Buildings on a Lot: • In the R -15 Zone: 10 feet. • Proposed for PUD: 14 feet (exclusive of overhangs). 11. Minimum Percent Open Space Required for the Site: • In the R -15 Zone: no requirement. • Proposed for PUD: 55% or per approved final PUD development plans r (whichever is greater). 12. Trash Access Area: ' • In the R -15 Zone: not regulated. • Proposed for PUD: per approved final PUD development plans. 13. Allowable Floor Area: " • In the R -15 Zone: 4,757 square feet for a detached single family residence on the subject lot; 5,177 square feet for a duplex on the subject lot; and, no regulation provided for any use other than single family detached or duplex. • Proposed for PUD: 12,060 square feet (0.625 FAW) for all structures combined, as measured under the April, 2000, Aspen Land Use Code. 14. Minimum Off - Street Parking Spaces: • In the R -15 Zone: two (2) spaces per residential unit of two or more bedrooms and one (1) space per residential studio or one - bedroom unit; established via Special Review for all other uses. • Proposed for PUD: no requirement. 15. Other Dimensions Determined Necessary to Establish Through the PUD Process: • In the R -15 Zone: not applicable. • Proposed for PUD: per approved final PUD development plans. Table One Notes- 1: The minimum lot area per dwelling unit provisions of the R -15 zone district cannot be directly applied to a property containing a mix of uses, especially when most of Boomerang Lodge Expansion Page 13 the uses are not residential. The proposal instead addresses the effect of such a dimensional requirement through the maximum allowable density provision. 2: Actual proposed heights are lower, but the proposed limits allow for a small and reasonable margin of error. 3: The 0.625 FAR is based on a lot area of 19,287 square feet and is proposed as a means of accommodating up to 12,000 square feet of FAR floor area. Should °^ resolution of the previously described property discrepancy result in an additional 450 square feet of lot area, the ratio shall be adjusted to continue allowing no more than 12,060 square feet of FAR floor area. ,^ As indicated above, the Applicants propose to maintain the minimum lot size, minimum lot width, minimum side yard, and maximum height requirements of the R -15 zone district. The proposed method of calculating density is too different from that required under the R -15 zone district for fair comparison (an "apples to oranges" comparison); nevertheless, the proposed dimensional requirements of maximum site coverage, minimum distance between detached buildings, and minimum percentage of open space exceed those of the R -15 zone district, and these are typically considered indicators of density. r i The proposed front and rear yard setbacks are less than those required by the R -15 zone district, but given the proposed development and surrounding properties, are more appropriate. Regarding the proposed front yard setback requirement of ten feet, there are no adjacent developments along the south side of West Hopkins Avenue, and the proposed setback allows for the creation and establishment of a street presence and appropriate streetscape for this area that resides just six blocks outside of the commercial core. Also, given the steep slopes to the north, a ten foot front yard setback along West Hopkins Avenue's south side represents an appropriate precedent to establish. The proposed minimum rear yard setbacks are necessary only to accommodate a small portion of the west end building (the portion in which one of the affordable housing units will be located) and the four foot high enclosures around three of the chalet patio Boomerang Lodge Expansion Page 14 areas. The full one - hundred foot depth typical of Aspen Townsite lots is not available on ., the project site, resulting in a site specific constraint where relief from the front and rear F yard setback requirements of the R -15 zone are necessary though the PUD process. Since p- the project site backs up to public lands, the proposed minimum rear yard setback will appear much more generous and will not adversely affect any fixture development to the south. The proposed rear setback is close to that allowed for accessory structures in the R -15 zone. With regard to allowable floor area, the R -15 zone does not provide any regulation .�' (i.e., unlimited) for bed and breakfast or boardinghouse uses, or for any other non- residential uses allowed in the zone, for that matter. Since the uses proposed are not regulated with regard to allowable floor area under the provisions of the underlying R -15 zoning, the proposed 12,060 square foot (0.625 FAR) limitation is more restrictive than would otherwise be required. The proposed off - street parking is less than that which would otherwise be required in the R -15 zone district. The rationale behind the proposed lack of an off - street parking requirement is explained later in this application (see the response to standard (4) of the LP GMQS Exemption request). IV. REVIEW REQUIREMENTS: is The proposed development requires the receipt of seven (7) LP tourist accommodation development allotments and two affordable housing allotments, all exempt from the Growth Management Quota System (GMQS) scoring and competition r procedures pursuant to Sections 26.470.070(M), 26.470.080(B)(3)(c), and 26.470.070(1) of the Regulations. As discussed previously in this application, the proposal also requires '? a rezoning from R -15 to R- 15/LP/PUD pursuant to Section 26.310.040. In turn, under the new zoning designation, the proposal will be subject to review under Sections Boomerang Lodge Expansion Page 15 4 : 26.710.050, Moderate- Density Residential Zone District; 26.710.320, Lodge Preservation .. Overlay Zone District; and, Section 26.445.050, Review Standards: Conceptual, Final, Consolidated, and Minor PUD. e., r W S• h mce t e Applicants desire to maintain a degree of flexibility with regard to the rental of the affordable housing units, conditional use approval pursuant to Section 26.425.040 is needed. That is, as already provided for in the APCHA Housing Guidelines, the Applicants would like to maintain the first right of rental on the proposed units every time one or both of the units should become available so they may use the unit(s) to house qualified employees of their lodge, if needed. If the Applicants do not need the unit(s) when they become available, then the units will be available to qualified renters though the Housing Office. The rationale for this desire is based on the fact that, sometimes, newly hired employees already own a home or, for whatever reason, do not wish to rent from their employer. The LP zone lists "affordable housing for employees of the lodge" as a permitted use, but "affordable housing" is a conditional use. Lastly, vested property rights status is requested for all land use approvals granted pursuant to this application. This section of the application is organized by applicable review standards, with each set of standards (e.g., rezoning, GMQS exemptions, PUD, conditional use, etc.) provided as a sub - section hereto. Under each sub - section, every individual review criterion is presented in indented and italicized print and followed by a response demonstrating compliance with and/or satisfaction of the given standard. A. Rezoning The Applicant hereby requests that the project site, as legally described in the Section II. of this application, be rezoned to include Lodge Preservation and Planned Unit Development overlays, resulting in a designation of R- 15/LP/PUD. The Lodge Preservation overlay is required to allow the lodge use and, in turn, requires that a PUD overlay be established as well. The existing Boomerang Lodge is zoned Medium - Density Boomerang Lodge Expansion Page 16 r r+ r� Residential with a Lodge Preservation Overlay (R- 6/LP). Since the newly adopted LP and PUD regulations require that the dimensional requirements associated with a project be established as part of the PUD review process, there is no need to request that the underlying zoning of the project site be amended to match that of the existing lodge. Chapter 26.310, Amendments To The Land Use Regulations And Official Zone District Map, of the Regulations provides, at Section 26.310.040, nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the official zone district map, as follows: A. Whether the proposed amendment is in conflict with any applicable portions of this title. The proposed amendment is fully consistent with all portions of the Regulations. The intended use of the property is consistent with the Lodge Preservation (LP) zoning with regard to its purpose and allowed uses. The proposal is for the development of lodge units and affordable housing, both of which are allowed uses in the LP Overlay Zone District. According to Section 26.710.320, the purpose of the LP Overlay zone is "to provide for and protect small lodge uses ... to permit redevelopment of these properties to accommodate lodge and affordable housing uses ... to encourage development which is compatible with the neighborhood and respectful of the manner in which the property has historically operated, and to provide an incentive for upgrading existing lodges on- site or onto adjacent parcels." By rezoning the subject parcel to include LP and PUD overlays, the expansion and ^^ upgrading of the Boomerang Lodge onto an adjacent parcel is enabled, thereby promoting and protecting the continued existence of the Boomerang Lodge and development of affordable housing for its employees. As demonstrated in the foregoing (see Section II.) r- noomerang Lodge Expansion Page 17 and in response to the PUD review standards (following), the proposed site plan and �., architecture have been designed to be compatible with the neighborhood. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. The proposed amendment is consistent with all elements of the AACP as it will allow for both the expansion and continued viability of one of Aspen's few remaining r locally owned and operated, long -time (over 40 years of operation) small lodges, and the development of affordable housing for employees. However, the proposed development is not possible given the existing R -15 zoning unless said zoning is supplemented with the addition of LP and PUD overlays. The stated "Vision" of the Community Plan provides that, "It is . . . balance between all sectors of the community that we are striving to retain and enhance." This statement refers to a balance between the "Aspen the community and Aspen the resort." r� As described in detail in response to standard "H.," below, this balance has been eroded over time by significant losses in both the moderately - priced, small lodge bed base and attainable housing for local residents. By expanding upon this type of bed base, furthering the viability of such a small lodge, and providing affordable housing, the proposed development will make strides toward reestablishing the balance the community has been struggling to retain and enhance. �. Similarly, the "Growth Action Plan" is intended to "Encourage land uses, businesses and events which serve both the local community and the tourist base." In obvious ways, expansion of the Boomerang Lodge and the provision of affordable housing G will serve the local community and the tourist base, but this will only be possible if the e" proposed rezoning is approved. Therefore, the proposed rezoning is consistent with the "Intent" of the "Growth Action Plan." Boomerang Lodge Expansion Page 18 The proposed development, which will be enabled only by approval of the requested rezoning, will further the "Intent," policies and goals of the AACP's "Transportation Action Plan" as well. Said portion of the AACP includes the following statements: "The community seeks to provide a balanced, integrated transportation system for residents, visitors, and commuters that reduces congestion and pollution;" "...reducing dependency on the automobile requires offering alternatives both for automobile use and storage and other means of transport;" and, "Seek to balance public and private transportation . . . by increasing the number of available transportation choices." n The Boomerang Lodge maintains a private shuttle van service for its guests, and said services will be extended to those who use the expansion units. The service is available for airport pick -up and drop -off, as well as for transportation to various destinations throughout town. Public transportation and bus stops along Main Street are within easy walking distance and provide access to all four ski areas (free of charge) as n k well as virtually the entire Roaring Fork valley. The commercial core and the music tent are also both within easy walking distance. By limiting the amount of available off - street parking to those spaces currently existing, guests of the lodge will be encouraged to utilize these alternative means of transportation to the maximum extent practicable. The "Intent" of the "Housing Action Plan," which is to "Create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable," will be promoted by approval of the requested rezoning inasmuch as the rezoning makes the proposed development possible. The proposed employee housing units will be deed restricted and registered with the APCHA to ensure their continued affordability. The design of the affordable housing units is appropriately scaled in terms of bulk, height, mass and volume to both the neighborhood and the adjacently proposed lodge expansion units. In this way, the proposal is also consistent with the AACP policy calling for the development of "...small scale resident housing which fits the character of the community and is interspersed with free market housing..." Boomerang Lodge Expansion Page 19 A., The project site is within the original City and Townsite of Aspen. In accordance with the Lodge Preservation Overlay Zone District's encouragement of "affordable housing for employees of the lodge" (which is listed as a permitted use, as opposed to simply "affordable housing" being listed as a conditional use), the proposal promotes the -^ following "Housing Action Plan" policies: "Encourage infill development within the existing urban area so as to ... allow more employees will be able to live close to where they work," and, "... an employer that builds affordable housing units shall have the right to designate that their employees shall have first right to those affordable units, tf " they meet the qualifications." The "Intent" of the "Commercial/RetalI Action Plan" is to "Provide incentives for managed strategic growth by ... small lodges." This portion of the AACP explains as part of its underlying philosophy that, "The community must find ways to maintain these small lodges and the experience they offer to our guests." In addition, the policies of the "Commercial/Retail Action Plan," call for the following: `Provide incentives to keep small lodge owners in operation;" and, ". . . allow for minor expansion with less mitigation required in order to maintain the small lodge inventory, in the community." r- The proposed seven unit expansion from thirty -four to forty -one units is consistent with the goal of managed strategic growth by small lodges. Approving the requested rezoning and development will allow for keeping the Boomerang Lodge in operation and thereby maintaining and the experience it offers our guests. The joint LP and PUD Overlay p.. provisions allow for mitigation at the level of incremental increases in impacts due to an expansion, and the proposed employee housing exceeds 60% of the incremental increase .. in employment that will be caused by the seven -unit expansion. ^^ Finally, the "Design Quality and Historic Preservation" element of the AACP is intended to "Ensure the maintenance of character through design quality and compatibility with historic features." Construction of the original Boomerang Lodge commenced in 1956 and was completed in 1970. While not specifically designated as an Boomerang Lodge Expansion Page 20 i historic structure, the Historic Preservation Commission intends to begin studying the designation of structures from this era in the Spring of 2000. Regardless of their findings, the Boomerang Lodge has a history of more than forty years in the community and, as ^ such, is an historic feature. The proposed layout of the new lodge units and their architecture have been specifically designed to be compatible with the existing Boomerang c-. Lodge and maintain a consistency to make obvious their relation thereto. ^` The philosophy of the "Design Quality" section of the AACP explains that, "Modern buildings woven throughout the traditional townsite and along the hillsides create an eclectic design quality that contributes to the small -town uniqueness of our community." The architecture of the existing Boomerang Lodge has been described as "Frank Lloyd Wright Modern," and it is one of the structures that contributes to the eclectic design quality and small -town uniqueness of Aspen. The expansion site will carry this design quality in a logical fashion to a site across the street, along the base of a hillside (Shadow Mountain). The foregoing has amply demonstrated how the proposed amendment will promote and further the goals, objectives, and intent of the Aspen Area Community Plan and is consistent with all elements of the same. -. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. As one moves from Main Street toward Shadow Mountain between 4b and 5s' Streets, the Christiania Lodge and the existing Boomerang Lodge are encountered. The Christiania is zoned Office with a Lodge Preservation Overlay (O/LP), and the existing portion of the Boomerang is zoned Medium - Density Residential with a Lodge �+ Preservation Overlay (R- 6/LP). While not currently zoned as such, any proposed expansions or changes to these properties will require use of the Planned Unit Development process associated with the Lodge Preservation overlay, resulting in the Boomerang Lodge Expansion Page 21 addition of a PUD overlay. The underlying zoning of these two properties is consistent with that of the neighboring properties to their respective east and west sides. The request herein proposed will result in the project site being zoned Moderate - - Density Residential with Lodge Preservation and Planned Unit Development overlays (R- ^: 15/LP/PUD). The R -15 zoning will remain consistent with the neighboring, adjacent properties to the east and west. The proposed LP and PUD overlays will be consistent with the overlays associated with both lodge properties between the project site and Main Street. With regard to land uses, the Boomerang Lodge, the Christiania Lodge, and the L'Auberge Chalets are all within one block of the subject site. Other surrounding properties are developed with detached single - family structures, duplexes, and multi- family apartment buildings. As such, the proposed amendment is fully compatible with surrounding land uses, zone districts, and neighborhood characteristics. t^ D. The effect of the proposed amendment on traffic generation and road safety. The proposed code amendment will not, in and of itself, have any effect on traffic n generation or road safety. With regard to the development proposal enabled by the amendment, only a slight increase of approximately fifty -three vehicle trip -ends per day is r anticipated (see letter from Jay Hammond, P.E., attached as Exhibit 7). Mr. Hammond considers this estimate to be conservative (high) due to the location of the site within one r' block of the Main Street transit corridor and the fact that the Boomerang Lodge maintains a six - passenger, on -call shuttle van for guest use. The estimated increase of fifty -three vehicle trips over pre- existing conditions for the site is characterized by Mr. Hammond as a "negligible" impact on surrounding streets. There is no doubt that West Hopkins Avenue and the surrounding streets can adequately and safely handle the impacts of the proposed development, and no improvements to the adjacent streets are required as a ' direct result of the additional traffic volumes associated with the proposed expansion. Boomerang Lodge Expansion p- Page 22 a The traffic generation will be held to a minimum due to the provision of a van shuttle service for transport of guests to /from the airport, as well as for transportation to various destinations throughout town. Public transportation and bus stops along Main Street are within easy walking distance and provide access to all four ski areas (free of charge) as well as virtually the entire Roaring Fork valley. The commercial core and the music tent are also both within easy walking distance. By limiting the amount of available off- street parking to those spaces currently existing, guests of the lodge will be encouraged to utilize these alternative means of transportation to the maximum extent practicable. Further, road safety will be enhanced by removing pedestrians from the street and relocating them to the detached sidewalk that will be constructed with this development, and on- street parallel parking has been demonstrated in numerous studies to serve a traffic calming function. E Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. b ? Please refer to the report prepared by Jay Hammond, P.E., of Schmueser Gordon Meyer, Inc., Consulting Engineers, attached hereto as Exhibit 7. Again, the proposed amendment, in and of itself, will not in any way affect infrastructure or infrastructure capacities. With regard to future plans for the property under the proposed R- 15/LP/PUD zoning, adequate water supply and pressure is available to serve the proposed project without additional upgrades to the City's treatment and distribution systems. Fire protection provided by existing hydrants will be adequate and will not be affected or interrupted by development. Treatment capacity is available from the Sanitation District to serve the additional demand associated with the proposed project. Historic drainage ., patterns and rates will be maintained after development via roof drains, downspouts and dry wells. Boomerang Lodge Expansion Page 23 M Impacts on parks and schools will be minimal as most of the development is comprised of tourist accommodations. Only two affordable 1- bedroom dwelling units are proposed, and these will have negligible affects on schools and parks; after all, they will contain only one bedroom each. Park lands are plentiful in the neighborhood, with Little Cloud adjacent to the south, Koch Park just a few blocks to the southeast, Paepke Park just four blocks to the east, and the Marolt Open Space just a few blocks to the west. These parks all maintain more than enough capacity to adequately serve the proposed development. " The roads serving the project site are already plowed and maintained by the City of Aspen. With regard to the impacts to the surrounding roads, please refer to the response to standard "D.," above. The site is located on a public street, making it easily accessible for emergency medical services and fire protection. The introduction of seven new lodging units and two affordable housing units will not result in demands exceeding the capacity of any public facilities or services. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Again, the proposed amendment, in and of itself, will not in any way affect the natural environment. With regard to the development plans for the property under the #N proposed R- 15/LP/PUD zoning, the natural environment will not be adversely affected. The property will be served by public water and sanitary sewer systems, and historic drainage patterns will be maintained. The availability of a shuttle van service, public w transportation, and the lack of on -site parking will all serve in combination to reduce dependency on individual automobile use by the guests and residents of the property, in turn, significantly reducing the project's PMIo generation and affects on air quality. A" As mentioned above, it is the Applicant's intent to leave the site in its undeveloped state with the exception of the structures, the walkways to the front doors of the structures, the modest, down - directional lampposts on each side of the intersection of Boomerang Lodge Expansion Page 24 t every walkway and the West Hopkins Avenue right -of -way /sidewalk, and minimal '^ plantings. Exterior lighting will be held to a minimum and feature down - directional, shielded fixtures to preserve the natural character of the area surrounding the site, 1 ^ including Shadow Mountain, Little Cloud Park, and the Midland Trail. 19 The desire, and indeed the landscape plan, is to preserve and use, as well as replant, the wild vegetation which currently exists on the property. Access to the Midland Trail will not be adversely affected by the development, but will be improved by the installation of detached sidewalks along the West Hopkins Avenue street frontage. Over their many years of owning the Boomerang, the Applicants have observed an abundance of wildlife and birds in the area, and they wish to preserve, to the extent possible, the rural character of the surroundings. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Placing Lodge Preservation (LP) and planned unit development (PUD) overlays on the property's existing R -15, Moderate - Density Residential, zoning classification will have no affect on Aspen's community character and is certainly not inconsistent or incompatible with the same. The rezoning enables application for the expansion of the Boomerang Lodge. As explained in the foregoing, the expansion of the Boomerang Lodge in and of itself and onto the subject property is consistent with the community character (see response to standard "C.," above). H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. While not specific to the subject parcel but still important from a surrounding PA neighborhood and community -wide perspective, there has been a considerable reduction in Aspen's small lodge bed base. For instance, since 1990 a total of 264 lodge rooms have been added /constructed (7 at L'Auberge and 257 at the Ritz/St. Regis) to Aspen's lodging Boomerang Lodge Expansion Page 25 t^' Perhaps more importantly, all of the hotel units lost (including the 150 units to be demolished at the Grand Aspen) were in the economy -to- moderate categories while all of a the Ritz/St. Regis rooms are in the deluxe/luxury category. Similarly, an "Aspen Area Boomerang Lodge Expansion Page 26 i ". bed base while Community Development Department records indicate the following losses to the Aspen lodging bed base since the start of the 1990s: Alpine Lodge 11 units Copper Horse 13 units Cortina 16 units Little Red Ski Haus 20 units Fireside Lodge 20 units Northstar 22 units Aspen Country Inn 84 units ` Aspen Manor 21 units Bell Mountain Lodge 22 units Brass Bed Inn 29 units Alpina Haus Lodge 40 units Buckhorn Lodge 9 units Carriage House 10 units TOTAL 317 units n These numbers do not account for changes in: (1) the lodging bed base of the unincorporated Metro Area of Pitkin County (such as the Heatherbed Lodge — 40 units, the Highlands Inn — 46 units, or the Maroon Creek Lodge — 11 units), which is believed to a represent a net loss, too; nor, (2) facilities such as the Bavarian Inn (15 -20 units converted to residential use), the Red Roof Inn, a/k/a Truscott (50 units converted to residential use), the Ullr (27 units being converted to residential use), or the Christiania Lodge (34 units used for residential purposes) that have been included in other similar counts /analyses. Consequently, it is believed that the numbers provided in the above tabulation represent a very conservative estimate. Given the numbers above, there have been 264 lodging units added in Aspen since 1990 while at least 317 units (and up to 540 units) have been lost, resulting in a net loss of at least 53 lodging units and as many as 276 ¢ lodging units. Perhaps more importantly, all of the hotel units lost (including the 150 units to be demolished at the Grand Aspen) were in the economy -to- moderate categories while all of a the Ritz/St. Regis rooms are in the deluxe/luxury category. Similarly, an "Aspen Area Boomerang Lodge Expansion Page 26 Pillow Count Survey" was completed by the Aspen Chamber Resort Association (ACRA) and Aspen Central Reservations in March of 1999. Said survey included the following findings (quoted from a Diane Moore memorandum to the ACRA Board of Directors dated March 2, 1999): ^" ➢ "...the number of pillows available for short term occupancy have decreased over the past few years by approximately 100 -200 pillows. While ... [their information] 1 reflects that 393 pillows (economy properties) have been lost, there have been some gains in the number of pillows via property management companies, specifically with the rental of single family homes. The loss of 393 pillows is significant because these rooms were probably more accessible and affordable than a single family home rental." "Conversations with local property management companies indicate that the owners of condominiums are reducing the number of days that their condo's are available for short term vacation rentals." "All of the properties that have been converted from lodge use to another use were economy properties." "There is increased pressure to convert older, `economy properties' to affordable housing units due to the strong need for employee housing." "Only a few properties, such as the L'Auberge de Aspen and the Beaumont Inn, have added rooms to their properties (total of 16 additional pillows). Both of these properties are considered moderate lodging." The above - described analyses explain significant changes in conditions affecting the community and which support the proposed amendment. Inasmuch as the proposed rezoning will (a) support the continued viability of the Boomerang Lodge as a small lodge a** serving the economy to moderate cost tourist market, and (b) prevent its conversion to another use, the proposed amendment is a necessary step toward counteracting the trend of the 1990s resulting in significant losses to Aspen's small lodge and economy/ moderately- priced tourist bed base. i Boomerang Lodge Expansion Page 27 I Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. *"* The narratives provided in response to the previous review standards for a rezoning have provided more than sufficient evidence as to why the proposed amendment is in harmony with the public interest as well as the purpose and intent of the Land Use Code. For instance, the "Purpose" of the Lodge Preservation Overlay zone includes '^ providing "an incentive for upgrading existing lodges on -site or onto adjacent properties." Such "adjacent properties" are in no case already zoned to include an LP "? Overlay, yet furthering the purpose of the LP Overlay zone seemingly requires rezoning such sites accordingly. In this way, the proposed amendment is in perfect harmony with ° the purpose and intent of the Regulations, in general, and the Lodge Preservation zoning, specifically. r m p; In addition, it has been repeatedly recognized that the provision of housing for employees in Pitkin County and Aspen is in the public interest and is in harmony with the purpose and intent of the Regulations. The proposed amendment will foster the creation of additional, deed restricted housing for employees of the Lodge or otherwise. B. GMQS Exemptions Section 26.4 70.0 70(AV, Lodge Preservation GMQS Exemption Section 26.470.070(M) defines, authorizes, and regulates the process for exempting certain types of development in the Lodge Preservation (LP) Overlay Zone District from the competition and scoring procedures of the Growth Management Quota System (GMQS). According to said Section, development of properties zoned with an LP overlay to increase the number of lodge units and the number of affordable housing units shall be exempted from the GMQS scoring and competition procedures, provided that the Boomerang Lodge Expansion page 28 i Planning and Zoning Commission determines, at a public hearing, that the following criteria are met. a' (1) The proposed development is consistent with the Aspen Area Community Plan Please refer to the response provided for the same standard under the Rezoning `portion of this application, above. (2) The proposed development is compatible with the character of existing land uses in the surrounding area and with the purpose of the Lodge Preservation (LP) Overlay Zone District. With regard to the proposed development's compatibility with the character of existing land uses in the surrounding area, please refer to the response provided for standard "C." of the Rezoning portion of this application, above. Surrounding properties include the existing Boomerang Lodge to the north; the Little Cloud Park and various mine claims to the south; the undeveloped 4`' Street right - of -way and the Midland Trail to the east; and, the undeveloped Lots 1 and 2 of the Mary B. Subdivision to the west. Other surrounding properties include a two -story residential duplex to the northeast (corner of 4h and Hopkins), and the two -story, multi - family residential, Madsen Apartments to the northwest (corner of 5s' and Hopkins). J In total, the surrounding land uses include a mix of lodges, offices (on Main Street), and duplex, single -, and multi - family residential. The architectural styles used on the surrounding buildings vary as much as their uses. More specifically, the eclectic mix of architectural styles associated with the surrounding properties can be described as follows: Frank Lloyd Wright Modern to the north (existing Boomerang Lodge); neo- r Victorian to the west; motor court cabin (L'Auberge) and unadorned Adirondack to the northeast; and, "Traditional" and 50s plywood modern (Madsen Apartments) to the i northwest. Roof forms vary from flat and shed roofs (Boomerang, duplex at 4a' and Boomerang Lodge Expansion Page 29 Hopkins, and multi - family at 5h and Hopkins) to steeply pitched roofs (L'Auberge and single- family residences). The surrounding structures range in height from one to two - and- one -half (1 - 2.5) stories above grade. With respect to the proposed development, the five chalets and the eastern wing of the west end building are oriented to match the orientation of the existing Boomerang Lodge at the comer of 4"' Street and West Hopkins Avenue, which incidentally matches the orientation of the duplex located on the northeast corner of 4a' and Hopkins. Simultaneously, all of the proposed structures maintain a street orientation by having the longest wall plane of their respective north elevations run parallel to the street. The layout and architecture of the proposed development has been designed to continue and compliment that of the existing Boomerang Lodge in an effort to make obvious its functional connection as part of the Lodge. In total, the proposed development is compatible with its neighborhood in terms of both the proposed use and design. The "Purpose" of the LP Overlay Zone District is, in relevant part, to `provide for o and protect small lodge uses ... to permit redevelopment of these properties to accommodate lodge and affordable housing uses, to provide uses accessory and normally associated with lodge and affordable housing development, to encourage development which is compatible with the neighborhood ... and to provide an incentive for upgrading existing lodges on -site or onto adjacent properties. " If not for knowing better, the language of this "Purpose" statement would seem to have been written with the Boomerang Lodge expansion proposal specifically in mind. That is, the proposed lodge expansion and affordable housing development is being undertaken specifically as a means of protecting the future of the Boomerang Lodge and, thus, its small lodge use. Accessory uses normally associated with lodge and affordable housing uses are proposed, including facilities for a bath house, storage, and maybe a fitness room and sauna. The proposed development's compatibility with the neighborhood has been addressed above, and the proposal involves the upgrading of an Boomerang Lodge Expansion Page 30 existing lodge onto an adjacent property. Therefore, the proposed development is fully ' compatible with the purpose of the LP Overlay Zone District. (3) Employee housing or cash -in -lieu will be provided to mitigate for additional employees generated by the development or to mitigate for the demolition of multi family housing, as required by section 26530. This shall include an analysis and credit for existing employee generation and the incremental impact between the existing development and the proposed development. A recommendation from the Aspen/Pitkin County Housing Authority shall be ^ considered for this standard. No multi - family housing units will be demolished. The new lodge units will be operated as part of the Boomerang Lodge, under the same management and using the existing front desk and other facilities. Accordingly, the following analysis describes the existing employment characteristics of the Boomerang Lodge for comparison with the Pit expected conditions after development. In accordance with the above standard, employee generation impacts are to be reviewed on the basis of incremental change. A total of seven additional guest units (thirty -four pillows), two employee units of 1- bedroom each, and common guest facilities, combining for approximately 15,350 gross square feet of floor area, are proposed (including areas exempt from the calculation of FAR floor area). The guest units will combine for approximately 9,980 square feet of FAR floor area, and an average net livable unit size of approximately 1,680 square feet. The existing Boomerang Lodge has thirty -four guest rooms ranging in size from 280 square feet to 1,890 square feet (interior measurements /net livable). The average net h livable unit size is approximately 510 square feet. The total facility includes approximately ^ 21,290 square feet of improvements, of which roughly 2,500 square feet is located below grade, and another 4,160 square feet are common areas. The thirty -four lodge rooms provide for some 98 pillows. The lodge's staffing historically and currently includes eighteen full -time equivalents (FTEs), consisting of the following: one head housekeeper, eight Boomerang Lodge Expansion Page 31 housekeepers, three concierges/housemen, three front desk workers, one general manager, and two "hands -on" owners. Of these eighteen FTEs, ten own their own homes, including the general manager, one of the front desk workers, both owners, one of the concierges, and five of the housekeepers. In addition to their own home, the Applicants own a roughly 4,240 square foot triplex at 1020 Waters Avenue. The triplex contains three apartments of three bedrooms each. One of the three apartments has traditionally been rented to Aspen employees or summer students of the Music School, but is currently rented to school teachers. The other two apartments are used by the Applicant as housing for Boomerang employees. The Applicants have found using two of the three apartments to be more than adequate to house their employees who do not already own homes. The units in the triplex are not APW deed restricted, but function as de facto employee housing under the Applicant's ownership. These units will continue to be available to employees of the Boomerang Lodge, including any "generated" by its expansion. Irrespective of the triplex, the Applicants will be providing housing for more than 60% the incremental increase in employment that will result from the proposed expansion. ow, Both of the new 1- bedroom affordable units will be deed restricted to the so- called Category 3 level in accordance with the Housing Guidelines, providing credit for housing 1.75 employees per unit. This means the Applicant will be providing new housing for a total of 3.5 employees (1.75 x 2). `Staff of the Community Development Department conducted an anonymous survey of ten small lodge owners /operators to better understand their employment patterns. Tabulated in December of 1999, the results of the survey found the following ° average FTE generation factors: 0.267 FTEs per unit, 0.098 FTEs per pillow, and 0.021 FTEs per square foot (square foot figures were based on average unit sizes). Using these factors to assess the otential employee P generation of the proposed expansion, the following results are arrived at: Boomerang Lodge Expansion Page 32 k By Units: By Pillows: By Square Feet: 7 34 1,680 x .267 x .098 x .021 1.869 FTEs 3.332 FTEs 35.28 FTEs Given these results, the calculation using the square footage factor is obviously ridiculous as there is no possible way the proposed expansion would result in over 35 additional FTEs when the existing lodge has nowhere near this number of FTEs. Therefore, the expansion should be expected to generate between 1.869 and 3.332 FTEs. While not specifically stated in the Regulations, the AACP suggests that mitigation be provided at the level of 60% of the FTEs generated. 1.869 times 60% equals 1. 12, and Via 3.332 times 60% equals 1.999; therefore, housing must be provided for 1.12 to 2 employees. With housing for 3.5 FTEs being proposed, the mitigation provided will be at the level of 105-187%, depending upon whether the pillow or unit factor is used. In reality, very few employees will be generated by the expansion since the existing employees will help to service the new units; nevertheless, housing for 3.5 employees is proposed. Since 3.5 is 60% of 5.83, the proposed housing mitigates an incremental increase of 5.83 FTEs generated by the expansion. Based on the employee generation factors described above, there is no way the expansion will really generate 5.83 additional FTEs. Therefore, the two proposed 1- bedroom units are more than adequate to mitigate the incremental increase in employee generation. To put this another way, the proposal involves a 21% increase over the number of existing lodge units (7 is 20.58% of 34). If 18 FTEs service the existing 34 units, then a 21% increase in the number of units could, at least theoretically, generate 3.78 additional FTEs (18 x 21% = 3.78). Since mitigation is supposed to occur at the level of 60%, housing would be required for 2.27 FTEs (3.78 x 60%). The proposal involves the provision of housing for 3.5 employees, which is 154% of the minimum housing required under this method of estimation (64% more than minimally required). boomerang Lodge Expansion Page 33 Furthermore, if using the generation factors arrived at via the Community Development Department's survey, the proposal involves the provision of housing for more than 100% of the FTEs generated. Regardless of which method of estimating employee generation is used, the calculation sets provided above are extremely conservative since the existing employees of the lodge will undoubtedly help to service the new units, rendering the incremental increase in employment less than proportional to the increase in the ratio of existing FTEs to existing lodging units. (4) Adequate parking spaces and public facilities exist, will be provided for the development, or that adequate mitigation measures will be provided An existing deficit of requiredparking may be maintained through redevelopment. The Land Use Code requires 0.7 parking spaces per lodge bedroom unless otherwise established via PUD review. In the subject case, the number of required parking spaces for the proposed lodge and affordable housing uses need to be established pursuant to Section 26.445, as part of the PUD review. No off - street parking is proposed on the project site as there exists ample parking both in the adjacent streets and at the existing Boomerang Lodge site. The existing Boomerang Lodge provides twenty -seven off - street parking spaces for its thirty -four lodging units, resulting in an off - street parking to lodge units ratio of 0.77 spaces per unit. This ratio decreases only slightly to 0.66 spaces per unit with the proposed addition of seven new lodge units, and the Applicants believe the 0.66 spaces per unit will prove to be more than adequate, particularly in consideration of z the following. Y r The ratio of existing off - street parking spaces to existing bedrooms is based on 27 spaces for 41 bedrooms, or 0.658 spaces per bedroom. With the addition of seventeen new lodging bedrooms, the ratio decreases to 0.466 spaces per bedroom. While this may at first appear low, it must be considered that the 0.7 spaces per bedroom requirement has always been understood to include the provision of parking for accessory uses including restaurants, bars, salons, convention facilities, etc., and represents a uniform requirement regardless of location. No such accessory uses either exist or are proposed in the i r t Boomerang Lodge Expansion Page 34 Boomerang Lodge, and the subject site is conveniently located with respect to downtown, event forums (music concerts), and transit. To employ the same parking to bedroom ratio as would be used for hotels such as the St. Regis (with its restaurants, multiple bars, convention facilities, salons, etc.) or the Inn at Aspen (located at the base of Buttermilk) would be preposterous. It is also important to factor in the following additional considerations. Although precise open space -to -view calculations have not yet been carried out, it is safe to estimate that more than 55% of the site will comply with the City's open space definition and measurement requirements after development. The low percentage of site coverage and high percentage of open space is the result of generous setbacks and separation distances between structures. No structure is closer than approximately fourteen feet from an adjacent building, and the proposed side yard setbacks are ten feet on each side. The low percentage of site coverage, high percentage of open space, generous setbacks, and ample spacing between structures are only possible because the Applicants are proposing a lack of on -site area being developed for parking. Herein lies the trade -off for which the Applicant is seeking approval: less than maximum density, generous setbacks, and more open space in exchange for the ability to sacrifice on -site parking lots. The project site has some 270 linear feet of frontage on West Hopkins Avenue. This frontage will provide between thirteen and fifteen parallel parking spaces on the south side of West Hopkins Avenue. The existing Boomerang Lodge has the same length of frontage along the north side of West Hopkins Avenue. Thus, the total West Hopkins Avenue frontage of the Boomerang Lodge will be 540 linear feet, providing on- street parallel parking for twenty -six to thirty vehicles. On- street parking for approximately four vehicles also exists along the existing Boomerang Lodge's 5t` Street frontage. When the number of on- street parking spaces (30 -34) adjacent to the Boomerang Lodge properties is combined with the twenty -seven off - street parking spaces available on , .i Boomerang Lodge Expansion Page 35 6. F the existing Boomerang Lodge site, more than sufficient parking (57 -61 spaces) is available to the lodge employees and guests as well as the residents of the two affordable housing units. If deemed necessary, two of the existing off - street parking spaces can be ' dedicated for reserved "car storage" use by the residents of the affordable housing units, leaving twenty -five of the off - street spaces available to guests and employees of the lodge. In addition, residential parking permits are available through the City for employees of the 1; lodge. Approval of the proposed plan will promote the AACP's "Transportation Action Plan," which includes the following statements: "...reducing dependency on the automobile requires offering alternatives both for automobile use and storage and other means of transport;" and, "Seek to balance public and private transportation ... by increasing the number of available transportation choices." The need /demand for parking is at least partially alleviated by both the availability of convenient public transportation and the Boomerang Lodge's shuttle van service, which is capable of transporting six passengers at a time. The shuttle service is available as needed (on call). The Boomerang management has experienced little demand on their shuttle van service in the past, due largely to their proximity (half a block) to existing free bus service to /from the airport, downtown, and all four local ski areas. Proximate bus stops also provide a free connection to Rubey Park, from which the entire Roaring Fork valley can be accessed. In addition, the commercial core and the music tent are both within easy walking distance. By limiting the amount of available off - street parking to k those spaces currently existing, guests of the lodge will be encouraged to utilize these r^ alternative means of transportation to the maximum extent practicable, thereby forwarding the community goals expressed in the AACP. (5) There exists sufficient GMOS allotments to accommodate the proposed development and the allotments are deducted from the respective Annual Development Allotment and Metro Area Development Ceilings established pursuant to Section 26.470.050. Boomerang Lodge Expansion Page 36 4, Based on a February 2, 2000, conversation with Senior Long Range Planner, Chris Bendon, the Applicants understand that a total of thirty -six LP tourist accommodation allotments are currently available. The proposed development requires only seven LP tourist accommodation allocations. Therefore, there are more than enough allotments ,., available to accommodate the proposed development. Pursuant to Section 26.470.070(J) of the Regulations, the two proposed affordable housing units are exempt from the GMQS scoring and competition procedures. ' Section 26.470.070(1), Affordable Housing GMQS Exemption Boomerang bodge Expansion Page 37 t Section 26.470.070(J) of the Regulations provides that, "All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt [from the GMQS scoring and competition procedures]." Review is by City Council. The section goes on to state that, t: f The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's proposed development's compliance ith an adopted hour ing plant he number of dwelling units proposed and their location, w the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental /sale mix of the proposed development, and the proposed categories price to which the dwelling units are to be deed restricted t^ The City is certainly in need of affordable housing, not only to mitigate the proposed development, but to help meet the shortfall of affordable housing available throughout the community. The proposed development complies with the "Aspen/Pitkin County 1999 Affordable Housing Guidelines." Two units of one bedroom each are proposed on the project site described in the foregoing. Each unit will contain approximately 700 square feet of net livable area, and be deed restricted as Category 3 rental units. Category 3 represents a maximum monthly rent cap of $1,047.00 under the current Guidelines, which may be amended from time to time. Boomerang bodge Expansion Page 37 t The Applicants desire to maintain the first right of rental on the proposed units every time one or both of the units should become available so they may use the unit(s) to house qualified employees of their lodge, if needed. If the Applicants do not need the unit(s) when they become available, then the units will be available to qualified renters though the Housing Office. This type of arrangement is allowed for under the Section 8, ° Table IV notes of the 1999 Affordable Housing Guidelines. c rA C. Planned Unit Development (PUD) In accordance with Section 26.445.030(B)(3) of the Regulations, due to the limited extent of the issues involved, a development application requesting approval as a Planned Unit Development on a parcel of land located in the Lodge Preservation (LP) "@ Overlay Zone District shall be processed pursuant to the terms and procedures of Minor Planned Unit Development review (Minor PUD). This two -step process does not require approval of a conceptual development plan, but only review and approval of a final development plan by the Planning and Zoning Commission and the City Council, with public hearings occurring at both. Section 26.445.040, General Provisions 1?61 Section 26.445.040(A) holds that the land uses permitted in a PUD shall be limited to those uses allowed in the applicable zone district in which the property is located. With approval of the rezoning requested herein (LP Overlay), the proposed lodge and affordable housing uses will be permitted. No use variations are either requested or required to accommodate the proposed development. " Section 26.445.040(B) states that, "Unless otherwise established pursuant to a t Final PUD Development Plan, the maximum aggregate density shall be no greater than r" that permitted in the underlying zone district, considering the inclusions and exclusions of Lot Area, as defined, and the mandatory density reductions for slopes..." The subject Boomerang Lodge Expansion Page 38 r= k site is essentially flat, with a total elevation gain of some six feet from east to west over a FQ distance of approximately 165 feet. Thus, the slope of the site equates to approximately 3.6 %. The steepest slope on the site runs only twelve linear feet and slopes approximately 16.67 %. Since all of the site is within the 0 -20 % slope classification range, no lot azea or density reductions are applicable. Section 26.445.040(C) explains that the dimensional requirements associated with a PUD are to be established with the adoption of a final PUD development plan. The underlying zone district is to be used as a guide in determining the appropriate dimension for each provision. A description of the proposed dimensional requirements is provided e below, in response to Section 26.445.050(B), Establishment of Dimensional f"3 Requirements. Section 26.445.050, Review Standards: Minor PUD Development applications for Minor PUD must comply with the following standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Please refer to the response provided for the same standard under the Rezoning Portion of this application, above. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area Please refer to the following: the responses provided for standard "C." of the Rezoning portion of this application; the responses provided for standard "2." of the GMQS Exemptions portion of this application; Section II, Project Site & Neighborhood; r and, Section III., Proposed Development. Boomerang Lodge Expansion Page 39 3. The proposed development shall not adversely affect the future development of the surrounding area. The proposed development will not adversely affect the future development of the surrounding area in any way. If anything, positive affects on the potential for future re /development of the surrounding area might occur since any necessary utility upgrades ff or extensions completed by the applicant would serve to aid in and better facilitate the re /development of the surrounding neighborhood. The properties along the north side of West Hopkins Avenue are essentially built L out, but the south side of West Hopkins remains mostly undeveloped in the immediate area of the project site. The undeveloped 4h Street right -of -way resides immediately to the east of the project site, and east of that there are existing residential developments. The lands to the south of the project site are publicly owned and/or contain multiple piles of mine tailings, and are not considered truly developable sites. The properties to the immediate west are located mostly within unincorporated Pitkin County and, as such, their development potential is limited by Pitkin County Zoning which precludes development on slopes of greater than 30 %; these sites are currently t limited to single - family residential development (up to 15,000 square feet of FAR) and are unaffected by the development proposed herein. With regard to the properties to the north, these are basically built out but could be affected by the proposed development inasmuch as seven LP tourist accommodation allocations will be consumed and no longer available. However, the LP program is structured on a first come, first served basis. Y 4. The proposed development has either been granted GMQS allotments, is exempt from GMOS, or GMOS allotments are available to accommodate the proposed development and will be considered prior to, or in combination "^ with, final PUD development plan review. r Based on a February 2, 2000, conversation with Senior Long Range Planner, Chris Bendon, the Applicants understand that a total of thirty -six LP tourist accommodation Boomerang Lodge Expansion Page 40 allotments are currently available. The proposed development requires only seven LP ?" tourist accommodation allocations. Therefore, there are more than enough allotments available to accommodate the proposed development. Pursuant to Section 26.470.070(,1) of the Land Use Code, the two proposed affordable housing units are exempt from the GMQS scoring and competition procedures. Whether or not to grant the seven requested LP tourist accommodation allocations .- will be decided upon by the Planning and Zoning Commission while they consider their recommendation to City Council with regard to the PUD application. The GMQS Exemptions for the two affordable housing units will be decided by City Council during its review of the Minor PUD. Therefore, in accord with the requirements of this standard, all rya GMQS allotments and exemptions needed to accommodate the proposed development will be considered in combination with final PUD development plan review. r" B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD ... The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the ' proposed requirements, compatibility with surrounding land uses and ex ting development patterns shall be emphasized Please refer to pages 8 -15 of Section III., Proposed Development, for an explanation of the proposed dimensional requirements and the rationale behind them. ' Section III. Of this application also includes a description of the proposed dimensional requirement's compatibility with surrounding land uses and existing development patterns. I. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the proper: a) The character of, and compatibility with, ty existing and expected future land uses in the surrounding area .., b) Natural and man -made hazards. Boomerang Lodge Expansion Page 41 As explained earlier in this application, existing vegetation on the project site is sparse, consisting mainly of wild grasses and sagebrush. It is the Applicant's intention to leave the site in its undeveloped state with the exception of the structures and the Boomerang Lodge Expansion Page 42 c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. The proposed site plan's compatibility with existing and expected (via zoning designation) land uses in the surrounding area has been demonstrated throughout this application as well as in response to specific, similar review standards associated with the rezoning and GMQS exemption requests. In addition, the proposed development's compatibility with existing and proposed man-made characteristics of the property and surrounding area with regard to traffic, transit, pedestrian circulation, parking, and historical resources have also all been addressed throughout the preceding portions of this application, particularly in Section Ill., Proposed Development, and Section IVA., Rezoning. There are no known natural or man-made hazards affecting the project site. Natural and man-made hazards affect the properties to the south, but not the proposed development. The steep slopes to the south are not a hazard for the project site due to the existence of dense vegetation and mitigating benches (natural and man-made) on the public lands and the Pride of Aspen Mine Claim. There are no waterways affecting the project site or surrounding area. Given the location of the site along the northeasterly base of Shadow Mountain, only morning and late afternoon sun will shine on the property. 1 064 The angle of this solar access will result in shadows cast almost exclusively on the property itself, with very little shadowing on the public right-of-way. This will help to minimize the development's impacts relative to icing of the street and the sidewalk to be installed. As explained earlier in this application, existing vegetation on the project site is sparse, consisting mainly of wild grasses and sagebrush. It is the Applicant's intention to leave the site in its undeveloped state with the exception of the structures and the Boomerang Lodge Expansion Page 42 walkways to the front doors of the structures. The Applicants wish to preserve, to the extent possible, the rural character of the area surrounding the site, including Shadow Mountain, Little Cloud Park, and the Midland Trail. ?. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Satisfaction of and compliance with this standard has been more than adequately demonstrated in the foregoing. The highest open space requirement of any City zone district is twenty -five percent and a fifty -five percent requirement is proposed for this PUD. The R -6, Medium - Density Residential, zone district is the only district with a maximum site coverage requirement at all, but is meant to address single - family and duplex residential development. Therefore, it would be reasonable for the proposed maximum site coverage to state "no requirement," but thirty -five percent is proposed. Considering all City of Aspen Zone Districts, the largest "minimum separation distance between detached structures" is ten feet; fourteen feet is proposed. All residential zone districts permit a twenty -five foot maximum building height, and since the proposed development is located in proximity to residential developments, the proposed twenty -five foot maximum height limitation is appropriate. n; The massing and scale of the proposed development is consistent with that of the surrounding neighborhood. The chalet structures will include two stories above grade and pitched roofs with a peak/ridge height of approximately twenty -eight feet and a measured height of approximately twenty -three feet. Taller structures exists across the street. The A detached structures have been somewhat uniformly spaced to provide a consistent rhythm of building -to -open area along the streetscape. The proposed FAR will accommodate the r— development, but will not permit buildings of a size that would be out of character with x _ _ those structures found in the surrounding area. r� y Boomerang Lodge Expansion Page 43 M�1 - 3. -The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non - residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize A "; automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. z; The Land Use Code requires 0.7 parking spaces per lodge bedroom unless " otherwise established via this standard. No (zero) kin ( ) off - street parking g is proposed on the project site as there exists ample parking both in the adjacent streets and at the existing Boomerang Lodge site. The existing Boomerang Lodge provides twenty -seven off- street parking spaces for its thirty -four lodging units. The Applicants believe the existing spaces along with the on- street parking will prove to be more than adequate. For further explanation as to how and why these spaces are adequate, please refer to pages 34 -36 of this document (response to standard 4., of Section IV.B, GMQS Exemptions). In addition, the commercial core (six blocks) and the music tent (seven blocks) are both within easy walking distance. Also,. West Hopkins Avenue serves as a designated bicycle corridor providing connections to downtown and the Marolt Open Space. Limiting the amount of available off - street parking to those spaces currently existing will serve as a disincentive, encouraging guests of the lodge to utilize these alternative means of transportation to the maximum extent practicable, thereby forwarding the community goals expressed in the AACP. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if a) There is not sufficient water pressure, drainage capabilities, or other N utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Boomerang Lodge Expansion Page 44 f- ri The project site benefits from sufficient infrastructure capabilities to serve the proposed development and, therefore, no density reductions are necessary. As explained t^ in the engineering report prepared by Jay Hammond, P.E., (see Exhibit 7), all utilities are available to the site and the existing capacities are adequate to accommodate the proposed density. West Hopkins Avenue is a City of Aspen public right -of -way and, as such, is already plowed and maintained by the City of Aspen. The Aspen Fire District station is a " mere seven blocks from the project site, which is served with ample existing hydrants and is already within the fire protection district. S. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rockfalls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. The project site is suitable for the proposed development. It is essentially flat, and all of its area is within the slope classification category of 0 -20 %. The area to the south contains piles of mine tailings and multiple benches. The benches result from roadway easements and naturally flat areas. Above the mine tailings, the grounds are significantly forested with dense stands of coniferous trees. These benches and trees help to minimize if not virtually eliminate the hazards of rock fall and avalanche for the subject site. The project will employ roof drains, downspouts, and dry wells to maintain the site's historic runoff/drainage rates after development. The Applicants will sign an agreement committing their proportionate financial participation if and when the City Boomerang Lodge Expansion Page 45 r+ C^ k undertakes an area -wide curb and gutter installation project. The installed and future drainage implements will all discharge into the sewer system, ensuring treatment. Thus, the proposed development will not be detrimental to the natural watershed and will not result in water pollution. No wood burning devices will be installed. Further, as explained earlier in this application, the development will encourage the use of alternative means of transportation such as the Boomerang Lodge shuttle van, public transportation, and walking. This will help to limit the amount of PM10 generation attributable to the development. Regardless, the applicant will be required to comply with all requirements of the Environmental Health Department in connection with the issuance of building permits, and this will ensure that affects on air quality are addressed. r All proposed structures will be located on flat ground. No driveways, roads, or trails are proposed on the project site. There are no critical natural features on the site, and site disturbance will be kept to the minimum required for construction. 6 The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if ^^ a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a speck area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and S, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. It is not clear that the proposed dimensional requirements request an increase in ~ maximum allowable density. The maximum allowable density in the underlying R -15 zone Boomerang Lodge Expansion Page 46 1"" n district is regulated via minimum lot area per dwelling unit; otherwise, it is not specifically regulated at all for allowed uses such as bed and breakfasts or boardinghouses. The proposed dimensional requirements, by contrast, will allow one lodge or residential bedroom per 1,000 square feet of lot area. Since these address density through differing means of measurement, they cannot be truly compared. For this reason, it is not clear that n the proposal represents an increase in allowable density. Nevertheless, the discussion regarding the proposal's consistency with the goals and objectives of the AACP clearly demonstrates that the project will serve to advance r- many goals of the community, not the least of which address small lodges and affordable housing (see response to second review criterion for Rezoning). Also, as demonstrated in - response to the two previous criteria, the site is physically capable of supporting the proposed density. Finally, it has been demonstrated throughout this application that the proposed development will be compatible with and complimentary to the existing and k- expected surrounding development patterns, land uses, and characteristics. For instance, ' the largest of the proposed structures is located on the west end of the property, adjacent to unincorporated County lands which allow for substantially higher amounts of floor area (larger structures) than do the adjacent properties that are in the City. C. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man -made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man -made features of the site which are unique, provide visual interest or a speck reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. The site does not presently contain any unique natural or man -made features that provide visual interest or a specific reference to the past. The site, in its existing state, does not in any contribute to the identity of the town. As previously explained, it is the Applicant's intent to leave the undeveloped portions of the site as they currently exist in an effort to preserve, to the extent possible, the natural character of the area .0 Boomerang Lodge Expansion Page 47 surrounding the site, including Shadow Mountain, Little Cloud Park, and the Midland " Trail. In fact, the essence of the landscape plan is to preserve and use, as well as replant, the wild vegetation which currently exists on the property. Over their many years of 7 owning the Boomerang, the Applicants have observed an abundance of wildlife and birds in the area, and they wish to preserve, to the extent possible, the rural character of the " surroundings. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Since there are no significant open spaces or vistas worthy of preservation, the structures have been appropriately spaced. The spacing of the structures allows for the maintenance of an open feeling on the site, complementing the designated and publicly - owned open spaces to the south, including Shadow Mountain, Little Cloud Park, and the - Midland Trail. One would assume that to the extent the piles of mine tailings to the south of the project site can be obscured, such would be desirable. The site plan will not obscure views of Shadow Mountain from surrounding properties. The proposed heights of the various structures will enable continued visibility of Shadow Mountain from the street and the existing Boomerang Lodge. 4 ' 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. E" The five chalets and the eastern wing of the west end building are oriented to match the orientation of the existing Boomerang Lodge at the corner of 40' Street and West Hopkins Avenue. Simultaneously, all of the proposed structures maintain a street orientation by having the longest wall plane of their respective north elevations run parallel to the street. The orientation of the existing Boomerang Lodge and the proposed chalets is mirrored by the orientation of the duplex structure across 4`" Street to the east. The detached structures have been somewhat uniformly spaced to provide a consistent rhythm Boomerang Lodge Expansion Page 48 r of building -to -open area along the streetscape, with a minimum front yard setback of just ten feet. Given the steep slopes to the north and the site's location along the southerly edge of the urbanized area, a ten foot front yard setback along West Hopkins Avenue's south side is appropriate. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. The site is surrounded on three of its four sides by public rights -of -way. Emergency vehicle access will be primarily from West Hopkins Avenue, and secondarily from the 4s' and 5a' Street rights -of -way. At its deepest part, the site has a depth of eighty .. feet, making even the furthest set back structures accessible for fire protection. Service y. and delivery vehicles will, for the most part, work through the existing front desk/offices f- area of the Boomerang Lodge across the street. Otherwise, West Hopkins Avenue will provide adequate access for all needs. Fenced trash enclosures will be located at the front corners of the property, accessible from the 4"' and 5`s Street rights -of -way. S. Adequate pedestrian and handicapped access is provided. A detached, four foot wide sidewalk will be installed, along the length of the project's West Hopkins Avenue frontage. By Code, sidewalks are required to comply with ADA specifications. Each unit will have a concrete walkway leading from the sidewalk to its front door. The ground floor lodge room in the west end building will be handicapped accessible in accord with UBC and ADA requirements. The walkway leading to the handicapped accessible unit will also meet ADA specifications. 6 Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Again, the project will employ roof drains, downspouts, and dry wells to maintain the site's historic runoff/drainage rates after development. No drainage related impacts C^, Boomerang Lodge Expansion Page 49 1•'' will be felt on surrounding properties. According to Jay Hammond, P.E. (see letter ^ attached as Exhibit 7), on -site drainage requirements to maintain historic conditions under Section 26.580.020(B)(6) of the Regulations can be accomplished utilizing on -site dry wells located in the open space areas of the site. Further, on -site dry wells should be feasible in the pervious soils and will prevent any net impacts due to runoff or soil erosion. The Applicants will sign an agreement committing to financially participate for their proportionate share if and when the City undertakes an area -wide curb and gutter improvement project. No curb or gutter currently exist on either side of West Hopkins Avenue. r 7. For non - residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. r- No outdoor "programmatic" functions are associated with the proposed development. Each chalet unit will have a patio at its rear for private use. All programatic uses will be enclosed within the east leg of the west end building. Otherwise, the existing amenities associated with the Boomerang Lodge will be available for use by the guests of the new development. D. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape r" with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply - with the following: 1. The landscape plan exhibits a well designed treatment of exterior spaces, a preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. As explained above, the existing state of the site does not in any way contribute to the identity or visual character of the city. Also as previously explained, it is the Applicant's intention to leave the undeveloped portions of the site as they currently exist in an effort to preserve, to the extent possible, the natural character of the area surrounding the site, including Shadow Mountain, Little Cloud Park, and the Midland Boomerang Lodge Expansion Page 50 n Trail. In fact, the essence of the landscape plan is to preserve and use, as well as replant, (^ the wild vegetation which currently exists on the property. f The only new landscaping additions proposed include the planting of six aspen trees in the crooks of two walkways (see site plan), and fourteen honeysuckle bushes r along the West Hopkins Avenue right -of -way frontage. The existing Boomerang Lodge property contains multiple honeysuckle bushes planted some forty years ago by the Applicant, and the proposed landscaping will complement that located across the street while providing consistency therewith. Over their many years of owning the Boomerang, 7 the Applicants have observed an abundance of wildlife and birds in the area, and they wish to preserve, to the extent possible, the wild character of the surroundings. As such, the Applicants believe it would be inappropriate to landscape the site to A— result in a well kept, artificially created, manicured appearance as seems to be implicitly desired in the language of this standard. That is, by maintaining the existing landscape characteristics of the site and adding only the modest plantings described above, the stated purpose of this standard - -- "to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property" - -- will be met. 2. Significant existing natural and man -made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Please refer to the response provided for the previous standard. 3. The proposed method of protecting existing vegetation and other landscape y ^, features is appropriate. For any trees to be protected or otherwise requiring protection, the Applicants propose the following methods of ensuring their protection. Prior to construction, all Boomerang Lodge Expansion Page 51 i"` trees to be protected will have orange protective barrier fencing erected which, as a *� minimum, will be supported by V x 1' or similar sturdy stock for shielding of protected trees no closer than six feet from the trunk or one -half (1/2) the distance of the drip line, ^ whichever is greater. Within this protection zone, there will not be any movement of equipment or storage of equipment, materials, debris, fill, or cut unless approved by the City Forester. During the construction stage, the developer will prevent cleaning of materials or equipment, or the storage or disposal of waste materials such as paints, oils, " solvents, asphalt, concrete, mortar, or any other material harmful to the life of a tree within the drip line of any protected tree or group of trees. If these methods are deemed r by the City Forester as unsatisfactory or in need of supplementation, the Applicant is willing to work with him to arrive at an acceptable plan. As explained in response to standard J., below, the Applicant will be phasing construction of the project over two stages. The first phase will involve only the three easterly chalets, and the second phase will include development of the remainder. The fill material resulting from the excavation of the three foundations in the first phase will be r stored on the location of the fourth chalet. In conjunction with the methodologies described in the previous paragraph, small "bobcats" will be used for backfill in order to minimize disturbance of vegetation. E Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the t character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the " development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character n suitable for, and indicative of the intended use, and respect the scale and massing of nearby historical and cultural resources. n Boomerang Lodge Expansion Page 52 A large part of the architectural compatibility between the proposed structures and those of the surrounding neighborhood is derived from orientation. The five chalets and the eastern wing of the west end building are oriented to match the orientation of the existing Boomerang Lodge at the corner of 4s' Street and West Hopkins Avenue and the duplex structure located at the other comer of 4s' Street and West Hopkins Avenue. Simultaneously, all of the proposed structures maintain a street orientation by having the longest wall plane of their respective north elevations run parallel to the street. The n detached structures have been somewhat uniformly spaced to provide a consistent rhythm of building -to -open area along the streetscape, with a minimum front yard setback of just ten feet to provide a street -front presence. The surrounding land uses include a mix of lodges, offices (on Main Street), and duplex, single -, and multi - family residential. The architectural styles employed on the surrounding buildings vary as much as their uses. More specifically, the eclectic mix of architectural styles associated with the surrounding properties can be described as follows: Frank Lloyd Wright Modern to the north (existing Boomerang Lodge); neo- Victorian to the west (Cissnero residence); motor court cabin (L'Auberge) and unadorned Adirondack to the northeast; and, "Traditional" and 50s plywood modern (Madsen Apartments) to the northwest. Roof forms vary from flat and shed roofs to steeply pitched roofs. The surrounding structures range in height from one to two and one -half (1 -2.5) stories above grade. The "Design Quality and Historic Preservation" element of the AACP is intended to "Ensure the maintenance of character through design quality and compatibility with historic features." This PUD review standard seems to have the same intention. Construction of the original Boomerang Lodge commenced in 1956 and was completed in ^ 1970. While not specifically designated as an historic structure, the Historic Preservation Commission intends to begin studying the designation of structures from this era in the Spring of 2000. Regardless of their findings, the Boomerang Lodge has a history of more than forty years in the community and, as such, is an historic feature. The proposed layout Boomerang Lodge Expansion Page 53 r of the new lodge units and their architecture have been specifically designed to be compatible with the existing Boomerang Lodge and maintain a consistency to make obvious their relation thereto. This will ensure that the architecture represents a character suitable for and indicative of the intended use. The philosophy of the "Design Quality" section of the AACP explains that, "Modern buildings woven throughout the traditional townsite and along the hillsides create an eclectic design quality that contributes to the small -town uniqueness of our t community." The architecture of the existing Boomerang Lodge can be described as "Frank Lloyd Wright Modern," and is one of such structures that contributes to the eclectic design quality and small -town uniqueness of Aspen. The expansion site will carry this design quality in a logical fashion to a site across the street, along the base of a hillside. r- ,. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less- intensive mechanical systems. r Given the location of the site along the northeasterly base of Shadow Mountain, only morning and late afternoon sun will shine on the property. The property's location makes natural heating difficult but almost guarantees a degree of natural cooling. The angle of solar access will result in shadows cast almost exclusively on the property itself, with very little shadowing on the public right -of -way, thereby helping to minimize the development's impacts relative to icing of the sidewalk and street. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. ems. The distance between the property line and the edge of pavement on West Hopkins Avenue is approximately twenty feet. The four foot wide sidewalk to be installed will directly abut the property line, leaving sixteen feet between the sidewalk and the edge of Boomerang Lodge Expansion n Page 54 the street. Sixteen feet is more than enough buffer room to absorb the impacts of street r" plowing while still accommodating parallel parking. Snow removal from the site will r- occur only along the walkways leading from the sidewalks to the front door of each unit. This snow removal will be handled via shoveling or the similar, and there is ample room alongside these walks to store the shoveled snow without any need for removal. Roof overhangs will provide snow shielding for the entryway to each unit, and the angle of inclination for the pitch of these roofs will ensure that snow sheds to the sides (not onto the entryway). F. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. n The development will comply with Section 26.575.150, Outdoor Lighting, of the Regulations, and specifically with Section 26.575.150(E), Non - Residential Lighting Standards (including mixed use projects). Compliance with said section will ensure consistency with this PUD review standard. Outdoor lighting in the proposed development will be limited to downcast fixtures at the intersection of each walkway and the sidewalk, and possibly entry lights affixed to the wall adjacent to the doorway. No lighting of site features or structures is proposed, and no lighting will cause direct glare on or hazardous interference of adjoining streets or lands. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up- lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Please refer to the narrative provided in response to the previous standard. r- Boomerang Lodge Expansion Page 55 n G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area r" for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and'natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. As already explained, the applicants intend to maintain the grounds of the r development in their existing, natural state. The amount and location of undeveloped areas on the project site will provide visual relief from the built form inasmuch as more r, than 55% of the site will meet the City's "open space" definition, there will be at least fourteen feet between detached structures, and the setbacks are generous. Nevertheless, no designated parks, open spaces, or recreation areas are proposed as part of the PUD, arguably rendering this standard inapplicable. Recreation areas are provided on the grounds of the existing Boomerang Lodge property in the form of a swimming pool and spa. Open space is provided in Little Cloud Park just south of the project site and the March Open Space just a few blocks to the west, and City parks are available for use within easy walking distance. The Boomerang Lodge anticipates managing all aspects of the proposed development through and after completion. n 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. No common park or recreation areas are proposed. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. r Boomerang Lodge Expansion Page 56 n y AA 1 Maintenance provisions will be addressed as part of the Final PUD Agreement. The requirement of a "deed restriction against future residential, commercial, or industrial development" is not applicable since no common open spaces or recreation areas are proposed. H. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. - Please refer to the report prepared by Jay Hammond, P.E., of Schmueser Gordon ., Meyer, Inc., Consulting Engineers, attached hereto as Exhibit 7. Also, please refer to the responses provided for previous standards related to infrastructure. Connections to public water and sewer will be made and the respective capacity of these services will not be exceeded. Historic drainage patterns and rates will be maintained after development via roof drains, downspouts, and dry wells. The Applicants will sign an agreement committing to financially participate for their proportionate share if and when the City undertakes an area -wide curb and gutter improvement project. n Impacts on parks and schools will be minimal as most of the development is comprised of tourist accommodations. Only two affordable 1- bedroom dwelling units are proposed, and these will have negligible affects on schools and parks. Given the one bedroom size of these units, it is not at all likely that school age children will be living on site. Park lands are plentiful in the neighborhood, with Little Cloud adjacent to the south, Koch Park just a few blocks to the southeast, Paepke Park just four blocks to the east, and the Marolt Open Space just a few blocks to the west. These parks all maintain more than 7 enough capacity to adequately serve the proposed development. The roads serving the project site are already plowed and maintained by the City of Aspen. The site is located on a public street, making it easily accessible for emergency n Boomerang Lodge Expansion Page 57 A r medical services and fire protection. The introduction of seven new lodging units and two affordable housing units will not result in demands exceeding the capacity of any public facilities or services. n r" _ 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. While no adverse impacts on public infrastructure are anticipated, the applicants will bear the costs of any necessary connections, upgrades, and line extensions. Pursuant to Section 26.610.020 of the Regulations, park development impact fees for the new lodge bedrooms (but not the affordable housing bedrooms) will be due at the time of building permit issuance. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. It is not believed that any over - sizing of utilities will be necessary, but if such should be required, the applicant will be glad to be reimbursed. In the event that utilities have been oversized in connection with other developments in the area and an agreement for reimbursement is in place, the applicants will pay their proportionate reimbursement fees for connection to such facilities. Z Access and Circulation (Only standards I & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. n Boomerang Lodge Expansion Page 58 im- M Each structure and unit of the proposed PUD will have direct access to the adjacent street of West Hopkins Avenue via a concrete walkway from the front door to the sidewalk. 2. The proposed development, vehicular access points, and parking arrangement do .� not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development Discussions relative to vehicular access, parking, and traffic have been provided throughout the foregoing portions of this application, and said discussions have adequately demonstrated that the proposed development will not create traffic congestion on the xa roads surrounding the property. The property is surrounded by public rights -of -way on three of its four sides, but two of these rights -of -way function only as driveways. Only +- West Hopkins Avenue functions as a road. Given the seventy -five foot right -of -way associated with West Hopkins Avenue and the low existing traffic volumes, there is no doubt that it can accommodate the proposed development without any need for further wf improvement.' J Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is r� proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete p„ development and shall not be reliant on subsequent phases. The Applicants propose two separate phases to complete the development of the p+.l PUD. The first phase will consist of the three easterly chalets, and the second phase will include the remainder of the PUD (two more chalets and the west end building). The division of construction into two separate phases are absolutely necessary for the Applicants' ability to finance the project. Boomerang Lodge Expansion Page 59 ri The first phase will function as a complete development, independent of the second phase, since the existing Boomerang Lodge will provide all necessary facilities and staff. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. The separation distance between the first and second phases will be limited to fourteen feet. Potential occupants of the initial phase will be made aware of when Phase 2 construction will commence, and will have the choice of whether or not to use the affected unit(s). 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. The proposed phasing plan will be described in detail and guaranteed via the PUD Agreement. The only applicable impact fees will be those associated with Parks, and said fees are required, and thusly guaranteed, at the time of building permit issuance. Building permit and PUD Agreement requirements will also guarantee any necessary improvements to public facilities. Joint use facilities of the PUD will occur in Phase 2, but the existing facilities of the Boomerang Lodge will be available before, during, and after the completion of Phase 2. ' While the proposed affordable housing units will be built in Phase 2, it can be argued that Phase 1, through its association with the existing Boomerang Lodge, will not + generate the need for any employee housing. Still, the Waters Avenue triplex owned by ' the Applicants will continue to include rental units available to employees of the Lodge. Furthermore, if Phase I is not permitted to occur as requested, it is likely that none of the development will ever be constructed, including the affordable housing element. Boomerang Lodge Expansion Page 60 r s D. Conditional Use The Lodge Preservation (LP) Overlay Zone District allows "affordable housing for employees of the lodge" as a permitted use, but requires conditional use review for "affordable housin g„ Since the owners of the Boomerang Lodge have found in their numerous years of operating the lodge that new employees frequently own their own homes or are simply not interested in moving from their existing domiciles, they desire to maintain a degree of flexibility with regard to the available market for rental of the affordable housing units that will be constructed. That is, if it is found that none of the employees of the lodge either need or desire to rent the unit(s) on the project site, then the d Applicants wish for the unit(s) to be available to other qualified renters. Section 26.425.040, Standards Applicable to All Conditional Uses, requires that M the Planning and Zoning Commission consider whether the following standards are met, as applicable: rw, .j A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, and with the intent of the zone district in which it is proposed to be located; and Development of deed restricted, affordable housing within the City limits is wholly consistent with the goals, objectives and standards of the AACP. Please refer to Section IV.A.(B) of this application for further elaboration on this point. With regard to • consistency with the intent of the LP zone district, please refer to Section IV.A.(A) of this application. r B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Boomerang Lodge Expansion Page 61 ti The consistency and compatibility of the entire proposed development, including "* the affordable housing, has been sufficiently demonstrated throughout the foregoing portions of this application. �a C. The location, size, design and operating characteristics of the proposed ee*. conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and €, Avoidance and /or minimization of the potentially deleterious impacts mentioned in this standard have been addressed in relation to the entire development, including the affordable housing, in response to the various criteria associated with PUD review. sn D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Again, the concerns raised in this standard have been addressed in relation to the Fn entire development, including the affordable housing, in response to the various criteria associated with the Rezoning and PUD reviews. P^ E. The applicant commits to supply affordable housing to meet the incremental need c for increased employees generated by the conditional use; and le w, In the immediate case, affordable housing is the conditional use, and supplying t affordable housing does not generate a need for more affordable housing F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Community Plan and by all other applicable requirements of this Title. The affordable housing units will be deed restricted and rented in accordance with the requirements of the Aspen/Pitkin County Housing Authority and its Housing Boomerang Lodge Expansion Page Guidelines. The units will comply with all other standards imposed by the AACP and the e"* Land Use Code. E. Vested Property Rights In order to preserve the land use approvals which may be obtained as a result of " this application, the Applicants hereby request vested property rights status pursuant to the provisions of Chapter 26.308 of the Regulations. It is our understanding that final approval of the proposed development must be granted by ordinance of the City Council to establish such status. It is also our understanding that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. , Y r a� »a Boomerang Lodge Expansion Page 63 r"+ r Exhibit #1: Land Use Application Form Exhibit 92: Pre- Application Conference Summary Exhibit #3: Proof of Ownership /Title Commitment Exhibit #4: Letter of authorization for both Haas Land Planning, LLC, and Vann Associates, LLC, to represent the applicant/owner Exhibit 95: List of Property Owners Within 300 Feet of Subject Property Exhibit 96: Signed and Executed Fee Agreement Exhibit #7: Engineering Report Prepared by Mr. Jay Hammond, P.E., of w Schmueser Gordon Meyer, Inc. Exhibit #8: Article from United Airlines Magazine about The Boomerang Lodge and the Patersons r i r _. - �'. �9 E �' PROJECT: Name: Location: (Indicate street r APPLICANT: LAND USE APPLICATION :ss, lot & block number, legal description w1 • - 010) 2 REPRESENTATIVE: • / , l� i,, i I..la �� I ] '1 [rte. Owl Phone [ 6958 91 [ I T rt Ut- At'NLIUA I IUN: (please check all that apply) LZ Conditional Use E] Conceptual PUD Conceptual Historic Devi. Special Review Y Final PUD (& PUD Amendment) Final Historic Development Design Review Appeal Conceptual SPA Minor Historic Devt. GMQS Allotment Final SPA (& SPA Amendment) Historic Demolition GMQS Exemption Subdivision Historic Designation ESA - 8040 Greenline, Stream Subdivision Exemption (includes Small Lod-e Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split Temporary Use [� Other4Eg(FOi►1ws Lot Line Adjustment [� Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) �LAG}WT�U►�DEJELoP�D SITE t•ROPOSAL: (description of proposed buildings, uses, modifications, etc.) 5_R�- gAQ%j4 i A140 162"ift 14tTt4 Q(ig Uy1r"rs. % OI►fladgr An S&M, 11M, A40 00 Have you attached the following? FEES DUE: [� Pre - Application Conference Summary Attachment #1, Signed Fee Agreement ,( Response to Attachment #2, Dimensional Requirements Form �TA$I.E 0" pt. 12-14 oFON0MA ftK) [✓] Response to Attachment 93, Minimum Submission Contents [ZResponse to Attachment 94, Specific Submission Contents rX Response to Attachment 95, Review Standards for Your Application GO EXHIBIT #2 10* CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 12.16.99 PROJECT: Boomerang Expansion REPRESENTATIVE: Sunny Vann OWNER: Charles and Fonda Patterson TYPE OF APPLICATION: 2 step. Rezoning, Minor PUD, LP Expansion and AH GMQS exemption. DESCRIPTION: Applicant is seeking to expand the Boomerang Lodge to a vacant parcel across Hopkins Avenue from the existing lodge.. The proposal includes 6 new detached lodge units and an employee housing structure to include one or two units and parking. The property is currently zoned R -15 and would need to be rezoned with an LP Overlay to allow the lodge use. The Minor PUD process will be used to define the dimensional requirements for the new development including parking. Planner suggests the Special Review for AH Parking be combined, pursuant to 26.304.060(B), with the PUD review. No development is proposed on the existing lodge and the PUD will only define dimensions on the new parcel. The applicant should, however, include the existing lodge in-the application to describe operational, employment, P p yment, and parking characteristics of the existing situation compared to the expected conditions after development. f The creation of Lodge units does not automatically constitute a Subdivision. The applicant is contemplating an interval ownership of the new lodge units. A pending code interpretation will determine the requirements for this style of ownership, if any, and any code amendments that are necessary. - Land Use Code Section(s) - 26.445 Planned Unit Development (see Ordinance 35 of 1999) 26.470.70 Growth Management Exemptions, Lodge Preservation Program (Ord. 39 of 1999) 26.310 Rezoning (for LP and PUD Overlays) 26.304 Common Development Review Procedures. I: Review by: Staff for completeness Development review committee (DRC) for technical considerations Housing Authority for AH and lodge employment recommendations. Com. Dev. Director for recommendations Planning and Zoning Commission for final LP and AH allotments and recommendations for rezoning and PUD. a City Council for final PUD and rezoning. Vesting is automatic and initiates after final approval. Public Hearing: Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi - governmental agency owns property t within three hundred (300) feet of the property subject to the develop m hearing. ent application . Applicant will need to provide proof ofposting and mailing with an affidavit at the public Referral Agencies: Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Streets Planning Fees: Planning Deposit, Major ($2,220) Referral Agency Fees: Engineering, Major ($320); Housing, Major ($320) Total Deposit: $2,860 (additional hours are billed at a rate of $185/hour)