HomeMy WebLinkAbout0028.2017.ASLU
0028.2017 ASLU/Application - GMQS - 3-24-17.pdf Elegant Letter
300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM March 24, 2017 Ms. Jessica Garrow, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen,
Colorado 81611 RE: Boomerang Lodge – 500 West Hopkins Avenue Growth Management Insubstantial Amendment Ms. Garrow: Please accept this request to affirm the validity of the Growth Management
Allotments granted to the Boomerang Lodge project (the Project). ME Aspen Ventures One LLC, a Colorado Limited Liability Company, is the contract purchaser of the Project, is the
applicant and has authorized BendonAdams to represent its interest. Aspen FSP ABR LLC is the current owner of the property and has provided its consent to this application. Our interest
is to verify the validity of the growth management allotments and understand their transferability to a modified lodging project. We believe modest modifications to the approvals in
response to changed market conditions will improve the Project and best position it for success. We have included a few clarification questions that are related to the 2006 growth management
allotments and to the Project as a whole. These initial questions are critical to the applicant’s consideration of it potential purchase of the Project. Following are the questions
we hope to have answered through this Insubstantial Amendment: 1. Are the Growth Management allotments assigned to the project in 2006 still valid? We assume the allotments are still
valid as the Project met all its performance deadlines and is currently in the City’s permit review process. Boomerang Lodge Insubstantial GMQS Amendment 300 SO SPRING ST | 202 | ASPEN,
CO 81611 970.925.2855 | BENDONADAMS.COM 2. Can the 2006 allotments be utilized in a modified project? We’ve had discussions with City staff about our desire to make certain modifications
to the Project to better respond to the current marketplace. The project would remain a lodging project and have the same mass and scale. Certain program elements, the way units are
arranged, the way lock-off units are configured, possibly internalizing some external accessways and updating some architectural elements would be the focus of the amendments. (These
amendments would be submitted as a separate land use application.) Being able to transfer the 2006 allotments into a modified project is critical to our ability to pursue a modified
project. 3. Can the reconstruction rights carry forward into a modified project? The Project approvals recognize 34 lodging units from the prior Boomerang Lodge (see background)
and mitigation requirements were based on the additional units only. Much of the prior Boomerang Lodge was demolished in 2007 in anticipation of development. The historic wing remains
in place but is not currently habitable. The right to reconstruct these prior units is essential to our ability to pursue a modified project. Background The Project was granted
Growth Management Allotments in 2006 by the City’s Planning and Zoning Commission via Resolution 18, 2006. The project was granted final approval by the Aspen City Council via Ordinance
26, 2006. The Project was amended, administratively to address certain technical issues. Boomerang Lodge Insubstantial GMQS Amendment 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855
| BENDONADAMS.COM It appears that the growth allotments were officially from the 2006 allotment pool. The code was in flux at the time, a moratorium was pending and code amendments
were underway. City files reflect 40 pillows, (20 lodging units), 6 freemarket residential, and 2 affordable residential growth allotments granted to the Project during the May 2005
to February 2007 time period (see chart). The revised code reset the growth allotment procedure and initiated the annual report and “annual roll-over decision” by City Council.
According to Resolution 18, the Project was granted 18 lodge units, 6 free-market residential units, and 2 affordable residential units. The Project reviewed by the P&Z envisioned
52 lodge units total, 18 more than the then existing 34 lodging units. Amendments to the project during City Council review increased the lodge unit count by 2 and reduced the free-market
residential count by 1. An amendment made in response to City Council comments and to correct some dimensional representations removed the third floor from the historic wing and
eliminated 2 lodge units along the northwest section of the building. This reduced the key count to 47. Some of the units provided internal connections whereby individual lodge keys
could be occupied together as one lodge unit. The connections enabled lodging ranging from 39 units to 47 units. The Project, as approved by City Council, envisioned 47 lodge units,
5 free-market residences, and 2 affordable residences. The Project was submitted for building permit review and was subsequently affected by the Great Recession. The majority of
the prior Boomerang Lodge was demolished in the Summer of 2007 in anticipation of development. The building permit was administratively extended several times in light of the economic
conditions and finally expired. The Statutory Vested Rights were extended to October, 2015. A complete building permit for the Project was re-submitted and accepted by the City
prior to the expiration of vested rights and the permit is currently under review by the City. Boomerang Lodge Insubstantial GMQS Amendment 300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM Review Criteria The City of Aspen Land Use Code Section 26.470.150.A provides the following criteria for an Insubstantial Amendment to a growth management
development order: An insubstantial amendment to an approved growth management development order may be authorized by the Community Development Director if: 1. The change conforms
to all other provisions of the Land Use Code and does not exceed approved variations to the residential design standards, require an amendment to the commercial design review approval
or such variations or amendments have been approved. Response – This request does not amend the Project. The applicant must modify the vested approvals to create a project which is
viable in today’s marketplace. Those changes will include changes to the way lodge units are arranged, the way lock-off units are configured, possibly internalizing some external accessways
and updating some architectural elements. These changes are not part of this insubstantial growth management amendment request and, if pursued, will be submitted as a separate land
use application. 2. The change does not alter the number, size, type or deed restriction of the proposed affordable housing units, or those changes have been accepted by the Aspen/Pitkin
County Housing Authority. Response – This request does not change the number, size, etc. of the affordable housing units. Two 1-bedroom Category 2 rental units are planned within
the Project. 3. The change is limited to technical or engineering considerations discovered prior to or during actual development that could not reasonably be anticipated during
the review process or any other minor change that the Community Development Director finds has no substantial effect on the conditions and representations made during the original project
review. Response – This application does not alter the Project or its obligations or representations. Conclusion The current owner has continued to pursue the Project in earnest
and has made substantial investment in reliance on the approvals. Development of complete engineering and construction plans for City review and the ongoing responses to technical
considerations will require a Boomerang Lodge Insubstantial GMQS Amendment 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM substantial investment. In addition,
the Historic Landmark designation of a portion of the property (the historic wing) substantially limits future development options. The growth management allotments are an important
part of the approvals and our ability to pursue development of the Project. We believe that the current owner's diligent pursuit of the 2006 approval, including the growth management
allotments, establishes a vested right to build the entitled Project and to seek reasonable, modest changes to facilitate acceptance of the Project in the current market. We hope you
agree. Kind Regards, Chris Bendon, AICP BendonAdams LLC Attachments: 1. Land Use Application and Agree to Pay 2. Pre-application Conference Summary 3. Proof of Ownership 4.
Authorization Letter 5. HOA Compliance Form 6. P&Z Resolution No. 18, 2006 7. City Council Ordinance No. 26, 2006 8. 2006 Admin Approval 9. Vicinity Map CITY OF ASPEN COMMUNITY DEVELOPMENT
DEPARTMENT March, 2016 City of Apen|130 S. Galena St.|(970) 920 5050 ATTACHMENT 2 – LAND USE APPLICATION PROJECT: Name: _______________________________________________________________________
________________________ Location:_______________________________________________________________________________________________ Parcel ID # (REQUIRED) APPLICANT: Name: _________________________
______________________________________________________________________ Address: _______________________________________________________________________________________________ Phone
#: REPRESENTIVATIVE: Name: _________________________________________________________________________________________________ Address:_______________________________________________________________
_________________________________ Phone#: TYPE OF APPLICATION: (Please check all that apply): EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals,
etc.) PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $ ______________ Pre-Application Conference Summary Attachment
#1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements – including Written Responses to Review Standards
3-D Model for large project All plans that are larger than 8.5” X 11” must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part
of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. GMQS Exemption
Conceptual PUD Temporary Use GMQS Allotment Final PUD (& PUD Amendment) Special Review Subdivision Conceptual SPA ESA – 8040 Greenline,
Stream Subdivision Exemption (includes Margin, Hallam Lake Bluff, Condominiumization) Mountain View Plane Final SPA (&SPA Commercial Design Review Lot Split
Amendment) Residential Design Variance Lot Line Adjustment Small Lodge Conversion/ Expansion Conditional Use Other: Boomerang Lodge
GMQS Amendment 500 West Hopkins Avenue 2735-124-49-002 BendonAdams (970)925-2855 Lodge approved via Ordinance 26, 2006. 47 lodge keys, 5 free-market residences, 2 affordable residences
underground parking and accessory uses. Clarification that the GMQS Allotments granted to the project via P&Z Reso 18, 2006, and City Council Ordinance 26, 2006, remain valid and can
be transfered to an amended lodging project on the same site. 325 GMQS insub. amend. n/a n/a 300 So. Spring St. #202; Aspen, CO 81611 ME Aspen Ventures One LLC, a Colorado Limited
Liability Company c/o Genshaft Cramer; 420 East Main Street, Suite 200; Aspen, CO 81611 970.925.9450 Exhibit 1 Exhibit 1.1 ASLU GMQS 500 W Hopkins CITY OF ASPEN PRE-APPLICATION CONFERENCE
SUMMARY PLANNER: Jessica Garrow, 970.429.2780 DATE: 2/21/17 PROJECT: 500 W Hopkins, boomerang Lodge REPRESENTATIVE: Michael Hoffman TYPE OF APPLICATION: Growth management quota
system insubstantial amendment DESCRIPTION: The Boomerang Lodge was approved in 2006 for a redevelopment. The project’s vested rights expired in August of 2016, but the project remains
active under an active building permit. The project is subject to changes in the land use code, as statutory vested rights have lapsed. The applicant is interested in understanding
the effect this has had on the growth management allotments, and is requesting an insubstantial GMQS amendment to memorialize the growth management allotments. As this property falls
outside the current moratorium area, an application may be made at any time. Below is a link to the Land Use application form for your convenience. http://www.aspenpitkin.com/Departments/Community-
Development/Planning-and-Zoning/ Follow link below to view the City of Aspen Land Use Code http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26Land-Use-Code/
Land Use Code Section(s) 26.304 Common development review procedures 26.470 Growth Management Quota System Review by: Community Development Staff for complete application Public Hearing:
None Planning Fees: $325 deposit. Additional time over (10) hours will be billed at $325 per hour. Total Deposit: $325 To apply, submit the following information: Completed Land
Use Application and signed fee agreement. Pre-application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed
to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State
of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, Exhibit 2 contracts and agreements affecting the parcel, and demonstrating
the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone
number of the representative authorized to act on behalf of the applicant. HOA Compliance form Written responses to all review criteria. As well as a narrative of the request.
A copy of previous growth management approvals, including information on the type of allotments granted and the year those allotments came from. An 8 1/2” by 11” vicinity map locating
the parcel within the City of Aspen. 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: Total deposit for review of the
application. A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary
is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested
right. 420 East Main Street, Suite 200 Aspen, CO 81611 Tel: (970) 925-9450 Fax: (888) 266-0103 www.genshaftcramer.com March 23, 2017 VIA EMAIL City of Aspen Community Development
Department 130 South Galena Street Aspen, CO 81611 Attention: Ms. Jessica Garrow, Community Development Director Re: Boomerang Lodge, 500 West Hopkins Avenue, Aspen, CO 81611. Dear
Jessica: This letter is to confirm that ME Aspen Ventures One, LLC, a Colorado limited liability company is currently under contract to purchase the property in the City of Aspen, Pitkin
County, Colorado, known as the Boomerang Lodge and legally described as the Boomerang Lodge Subdivision/PUD, according to the plat recorded March 21, 2007 in Plat Book 83 at Page 3.
Please let me know if you have any questions. Sincerely yours, GENSHAFT CRAMER LLP __________________________ By: Benjamin S. Genshaft, Esq. cc: Chris Bendon Facsimile:888-266-0103
www.thomasgenshaft.com Exhibit 3 Exhibit 3.1 Exhibit 3.2 Exhibit 4 Exhibit 6 Exhibit 7 Exhibit 8 Boomerang Lodge – Vicinity Map 500 West Hopkins Avenue Exhibit 9
0028.2017 ASLU/System Volume Information/IndexerVolumeGuid
0028.2017 ASLU/System Volume Information/WPSettings.dat