HomeMy WebLinkAboutresolution.apz.018-06
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Resolution No. 18
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION GRANTING GROWTH MANAGEMENT QUOTA SYSTEM
APPROVAL FOR LODGING, FREE-MARKET RESIDENTIAL, AND
AFFORDABLE HOUSING ALLOTMENTS, AND RECOMMENDING CITY
COUNCIL APPROVE THE SUBDIVISION, PLANNED UNIT DEVELOPMENT,
AND REZONING FOR A PLANNED UNIT DEVELOPMENT OVERLAY FOR
THE REDEVELOPMENT OF THE BOOMERANG LODGE, 500 WEST
HOPKINS AVENUE, CITY OF ASPEN, COLORADO.
Parcel ID:2735.124.49.002
WHEREAS, the Community Development Department received an application
from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950;
Reston , VA 20190; represented by Sunny Vann of Vann Associates, requesting approval
of six (6) free-market residential growth management allotments, two (2) affordable
housing growth management allotments, eighteen (18) lodge growth management
allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay,
Planned Unit Development approval, Condominiumization approval, and vested rights
for the redevelopment of the Boomerang Lodge located at 500 West Hopkins Avenue and
known legally as Lots K through S of Block 31, City and Townsite of Aspen, Pitkin
County, Colorado; and,
WHEREAS, the site currently contains 34 hotel units in a structure of
approximately 23,000 square feet of Floor Area and surface parking located primarily
within the public rights-of-way. The proposed development includes 52 hotel units, 6 free-
market residential units, 2 affordable housing units, a 31-space underground parking
facility, and 17 surface parking spaces in a structure of approximately 51,000 square feet of
Floor Area as defined by the City of Aspen; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Building
Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments
as a result ofthe Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the application according to the standards of review for each of the
requested land use approvals and recommended approval with conditions; and,
WHEREAS, pursuant to Section 26.470.040 of the Land Use Code, Growth
Management Review approvals may be granted by the Planning and Zoning Commission
at a duly noticed public hearing after considering recommendations by the Community
Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision
Review approval may be granted by the City Council at a duly noticed public hearing
Planning and Zoning Commission Resolution
No. 18, Series of 2006
Page 1
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after considering recommendations by the Planning and Zoning Commission Community,
Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during
a regular meeting on April 11, 2006, continued to May 2, 2006, continued to May 16,
2006, and continued to June 13, 2006, the Planning and Zoning Commission opened a
duly noticed public hearing to consider the project and where the recommendations of the
Community Development Director and comments from the public were heard and
approved the request for six (6) free-market residential growth management allotments,
two (2) affordable housing growth management allotments, eighteen (18) lodge growth
management allotments, and recommended City Council Subdivision, Rezoning for a
Planned Unit Development Overlay, and Planned Unit Development approval by a four to
two (4-2) vote, with the findings contained in Exhibit A of the May 16, 2006, staff
memorandum and the conditions of approval listed hereinafter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
Section 1: Growth Manal!ement Allotments
The Planning and Zoning Commission, pursuant to Chapter 26.470 - Growth
Management - hereby grants to the Boomerang Lodge Redevelopment project six (6)
free-market residential allotments and two (2) affordable housing allotments, and
eighteen (18) lodge growth management allotments, subject to the requirements listed
hereinafter.
Section 2: Recommendation of Approval for Subdivision. Rezoninl! for PUD
Overlav. and PUD Final Development Plan
The Planning and Zoning Commission, pursuant to Chapter 26.480, 26.310, and 26.445 _
Subdivision, Rezoning, and Planned Unit Development, respectively - hereby recommends
City Council grant Subdivision approval, rezoning for a Planned Unit Development
Overlay, and Planned Unit Development Final Development Plan approval to the
Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter.
Section 3: Proiect Dimensions
The followin a roved dimensions of the ro'ect shall be reflected in the Final PUD Plans:
Minimum Lot Size
Minimum Lot Width
Minimum Front Yard Setback
Minimum Side Yard Setback
27,000 sJ.
270 ft.
0-5 ft.
0-5 ft. on west
1-5 ft. on east
Minimum Rear Yard Setback 0-5 ft.
Maximum Height 42 ft. for a flat roof. Appr?~ir1'latelx30-
35 ft. on east side."'l'his..n~ds:tObe
Planning and Zoning Commission Resolution
No. 18, Series of 2006
Page 2
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Pedestrian Amenity Space
more specific
19%
Floor Area:
Total 1.86:1 = 50,470 s.f.
Lodging .97:1 = 26,210 sJ.
Non-unit space .35:1 = 9,536 s.f.
Commercial N/A
Free-Market Residential .475:1 = 12,845 = 25% of total project
Affordable Residential .05:1 = 1,452 sJ.
Section 4: Trash/Recvclinl! Area
The applicant is encouraged to make sure that the trash storage area has adequate wildlife
protection and to make sure recycling containers are present wherever trash compactors
or dumpsters are located due to the City's new recycling ordinance requiring haulers to
provide recycling in the cost of trash pick-up.
Section 5: Affordable Housinl!
The applicant shall provide two Category 2 affordable housing units as depicted in the
application dated December 30,2005. These units shall be considered full mitigation for
the development proposed in said application.
A Certificate of Occupancy for the Boomerang Lodge Redevelopment project shall not be
issued until such time as Certificates of Occupancy for the deed restricted affordable
housing units, which are required for mitigation, have been issued.
The employees to be housed in the deed-restricted units shall meet the qualification criteria
contained within the APCHA Guidelines, as may be amended from time to time.
The applicant shall structure and record a deed restriction for the affordable housing units
such that an undivided 1/10th of 1 percent of the property is deed restricted in perpetuity to
the Aspen/Pitkin County Housing Authority; or until such time the units become ownership
units; or the applicant may propose any other means that the Housing Authority determines
acceptable.
The affordable housing units shall be deed-restricted as rental units but will allow for the
units to become ownership units at such time the owners would request this change and/or
at such time the APCHA deems the units out of compliance over a period of more than one
year. At such time, the units will be listed for sale with the Housing Office as specified in
the deed restriction at the Category 2 maximum sales price. At such time if the units
become ownership units, these units will establish an independent homeowners association.
Section 6: Additional Trip Generation and PMI0 Mitil!ation Plan
Planning and Zoning Commission Resolution
No. 18, Series of 2006
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In order to reduce the impacts of additional trip generation and PMlO generated by the
project, the project shall provide either: I) a shuttle service for use by the owners/guests of
the residences/hotel, 2) an electric vehicle for use by owners/gusts of the project, 3)
secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall
join the Transportation Options Program. The Subdivision Agreement shall specify
which of these options shall be implemented. The project shall be subject to any
transportation related impact fees adopted prior to application for a building permit and
any ofthe above options shall be credited towards any fee requirement.
Section 7: Subdivision Plat and PUD Plans
Within 180 days after final approval by City Council and prior to applying for a Building
Permit, the applicant shall record a Subdivision Plat and Final PUD Plans. The
Subdivision Plat shall comply with current requirements of the City Community
Development Engineer and, in addition to the standard requirements, shall include:
1. The final property boundaries and disposition of lands.
2. The location of Revocable Encroachments for physical improvements within
public rights-of-way, including parking to be designated to the Lodge, with
reference to agreements and licenses for such improvements.
3. The location of utility pedestals with access easements for the utility provider.
Transformers and pedestals shall be located outside of the public right-of-way
unless licensed.
4. The applicant shall provide the final approved Subdivision line data or survey
description data describing the revised building, street, and parcel boundaries to
the Geographic Information Systems Department priorto applying for a building
permit. The final building location data, including any amendments, shall be
provided to the GIS Department prior to issuance of a Certificate of Occupancy.
In addition to the standard requirement of Section 26.445.070.B, the Final PUD Plans shall
include:
1. An illustrative site plan with adequate snow storage areas and/or snow melted areas
depicted. Approved project dimensions shall be printed on the final illustrative plan.
2. A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan with a signature line for the City Parks Department.
3. A sidewalk and curb improvements plan depicting a detached sidewalk with
planting buffer along both West Hopkins Avenue and North 5th Street. The
sidewalk shall be five feet in width and be located adjacent to the property
boundaries, or as close as possible given existing vegetation as determined by the
City Engineer and the Community Development Director. The surface parking
along West Hopkins Avenue shall be eliminated. The sidewalk shall incorporate
accessible ramps according to the current standards.
4. Design specifications and profiles for public right-of-way improvements.
Planning and Zoning Commission Resoiution
No. 18, Series of 2006
Page 4
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5. An architectural character plan demonstrating the general architectural character and
depicting materials, fenestration, and projections.
6. Scaled floor plans of each level of the building depicting unit divisions.
7. A utility plan meeting the standards of the City Engineer and City utility agencies.
8. A grading/drainage plan, including an erosion control plan, prepared by a
Colorado licensed Civil Engineer, which maintains sediment and debris on-site
during and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2-year storm
frequency should be used in designing any drainage improvements. Off-site
improvement shall be done in coordination with the City Engineer.
9. An exterior lighting plan meeting the requirements of Section 26.575.150.
Section 8: Subdivision and PUD Al!reement
Within 180 days after final approval by City Council and prior to applying for Building
Permit, the applicant shall record a Subdivision and PUD Agreement binding this
property to this development approval. The Agreement shall include the necessary items
detailed in Section 26.480.070 and 26.445.070.C, in addition to the following:
1. Revocable Encroachment agreements and licenses for physical improvements
within public rights-of-way with reference to their locations depicted on the
Subdivision Plat.
2. In order to secure the performance of the construction and installation of
improvements in the public rights-of-way, the landscape plan, and public facilities
performance security shall include and secure the estimated costs of proposed
right-of-way improvements.
3. A revocable license agreement to use portions of the Fourth Street right-of-way
for dedicated parking.
4. A license agreement to use any public rights-of-way, or portions thereof, adjacent
to the project site for construction staging including a fee to use the land at a rate
of $1.25 per square foot per month for the time period in which the land is to be
occupied for construction staging.
Section 9: Impact Fees
Park Imvact Fees of $41,039 shall be assessed. Amendments to the Project or to the fee
schedule adopted prior to issuance of a building permit shall require a new calculation.
The following fee total is based on the current proposal and fee schedule:
Park Fees - Proposed Development:
52 Lodge Units (studio units) @ $1,520 per unit
2 one-bedroom residential units @ $2,120 per unit
3 two-bedroom residential units @ $2,725 per unit
3 three-bedroom residential units @ $3,634 per unit
Total
=$79,040
= $4,240
= $8,175
= $10,902
= $102,357
Planning and Zoning Commission Resolution
No. 18, Series of 2006
Page 5
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Park Fees - Credit for Existing Development:
34 Lodge Units
29-studio units @ $1,520 per unit
3 two-bedroom units @ $2725 per unit
2 three-bedroom units @ $3,634 per unit
=$44,080
=$8,175
=$7,268
Total Credit = ($59,523)
Total Park Impact Fee Due = $42,834
School Land Dedication Fees are assessed based on one-third the value of the
unimproved land divided by the proposed number of residential units on a per acre basis.
The applicant shall provide and the City of Aspen shall verify the unimproved land value
of the lands underlying the Project and determine the applicable dedication fee. The
subject subdivision is not conducive to locating a school facility and a cash-in-lieu
payment shall be accepted. Amendments to the Project or to the fee schedule adopted
prior to issuance of a building permit shall require a new calculation.
Other Imvacts Fees. The project shall be subject to amendments and additions to the
Impact Fee Chapter of the Land Use Code adopted prior to the application for a building
permit.
Section 10: Water Department
The applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with applicable standards of Municipal Code Title 8 (Water Conservation and
Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of
Aspen Water Department.
Soil nails will not be allowed in the City ROW.
Section 11: Sanitation District Standards/Requirements
The applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations, including the following:
1. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office at the time of construction.
2. Applicant's engineer will be required to give the district an estimate of anticipated
daily average and peak flows from the project.
3. A wastewater flow study may be required for this project to be funded by the
applicant.
4. All clear water connections are prohibited (roof, foundation, perimeter, patio
drains), including entrances to underground parking garages.
5. On-site drainage and landscaping plans require approval by the district, must
accommodate ACSD service requirements and comply with rules, regulations and
specifications.
6. On-site sanitary sewer utility plans require approval by ACSD.
7. Oil and Sand separators are required for public vehicle parking garages and
vehicle maintenance facilities.
Pianning and Zoning Commission Resolution
No. 18, Series of 2006
Page 6
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8. Glycol snowmelt and heating systems must have containment provisions and must
preclude discharge to the public sanitary sewer system.
9. Plans for interceptors, separators and containment facilities require submittal by
the applicant and approval prior to building perniit.
10. When new service lines are required for existing development the old service lines
must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements.
II. Below grade development may require installation of a pumping system.
12. Generally one tap is allowed for each building. Shared service line agreements
may be required where more than one unit is served by a single service line.
13. Permanent improvements are prohibited in areas covered by sewer easements or
right of ways to the lot line of each development.
14. All ACSD total connection fees must be paid prior to the issuance of a building
permit
15. Where additional development would produce flows that would exceed the
planned reserve capacity of the existing system (collection system and or
treatment system) an additional proportionate fee will be assessed to eliminate the
downstream collection system or treatment capacity constraint. Additional
proportionate fees would be collected over time from all development in the area
of concern in order to fund the improvements needed.
Section 12: Pre-Construction Meetinl!
Prior to Building Permit Submission, a meeting between the following parties shall be
conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner,
Community Development Engineer, City Engineer, Building Official!Plans Examiner.
The purpose of the meeting is to identify the approving ordinance and any amendments,
identify conditions of approval, discuss the Construction Management Plan, identifY the
timeline for plat and PUD/SIA agreement recordation, identifY the types of building
permits necessary and the development activities that can be conducted prior to receiving
a building permit, review any critical timeline issues, review the steps and timing of the
building permit process, discuss responsibilities of all parties in getting permits, changes,
etc., and review the Building Department checklist.
Section 13: Construction Manal!ement Plan
Prior to application for any Building Permit, Foundation Permit, Access Infrastructure
permit, Demolition permit, etc., the applicant and the City shall agree upon a Construction
Management Plan for the project. For the City, the plan shall be reviewed by the
Community Development Engineer. The Plan shall include:
1. A construction management and parking plan meeting the specifications of the City
Building Department.
2. An estimated construction schedule with estimated schedules for construction
phases affecting city streets and infrastructure and provisions for noticing
emergency service providers, neighbors, the City Streets Department, the
Transportation Department, City Parking Department, and the City Engineering
Pianning and Zoning Commission Resolution
No.. 18, Series of 2006
Page 7
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Department. Street closures concurrent with significant public events shall be
avoided to the greatest extent possible.
3. A notice to be sent to neighboring property owners describing the general schedule
of the project and the contact information of the general contractor. The City
encourages open communication between project representatives and the neighbors
such that day-to-day issues can be resolved without involving the City.
4. A Fugitive Dust Control Plan which includes, but is not limited to fencing, watering
of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove
mud that has been carried out, speed limits, or other measures necessary to prevent
windblown dust from crossing the property line or causing a nuisance. For projects
greater than one acre in size a fugitive dust control plan must be submitted to the
Colorado Department of Public Health and Environment (CDPHE), Air Quality
Control Division.
5. Recycling facilities, in addition to trash facilities, for the period of construction.
Section 14: Buildinl! Permit ReQuirements
The building permit application shall include/depict:
1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use
approval.
2. A letter from the primary contractor stating that the approving Resolution and
Ordinance have been read and understood.
3. The conditions of approval shall be printed on the cover page of the building permit
set.
4. A completed tap permit for service with the Aspen Consolidated Sanitation District.
5. A right-of-way improvement plan depicting physical improvements to the right-of-way
including design specifications and profiles. All improvements shall comply with the
City's requirements for accessibility.
A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan for approval by the City Parks Department.
A utility plan meeting the standards of the City Engineer and City utility agencies.
A grading/drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and after
construction. If a ground recharge system is required, a soil percolation report will be
required to correctly size the facility. A 2-year storm frequency should be used in
designing any drainage improvements. Off-site improvement shall be done in
coordination with the City Engineer.
9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas
log fireplaces or two certified woodstoves (or I of each) and unlimited numbers of
decorative gas fireplace appliances per building. New buildings may NOT have wood
burning fireplaces, nor may any heating device use coal as fuel.
6.
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Planning and Zoning Commission Resolution
No. 18, Series of 2006
Page 8
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10. An asbestos inspection report. Prior to remodel, expansion or demolition of any
public or commercial building, including removal of drywall, carpet, tile, etc., the
CDPHE Air Quality Control Division must be notified and a person licensed by the
state of Colorado to do asbestos inspections must do an inspection. The Building
Department cannot sign any building permits until they get this report. If there is no
asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos
removal contractor must remove it.
11. A tree removal permit, as applicable.
12. A fugitive dust control plan approved by the Environmental Health Department which
addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-
needed cleaning of adjacent rights-of-way, speed limits within and accessing the site,
and the ability to request additional measures to prevent a nuisance during
construction. The applicant shall wash tracked mud and debris from the street as
necessary, and as requested by the City, during construction. Submission of a fugitive
dust control plan to the Colorado Department of Public Health and Environment Air
Quality Control Division may also be necessary.
13. A study performed by a Colorado licensed Civil Engineer demonstrating how the
required excavation of the site may be performed without damaging adjacent
structures and/or streets. The City will not approve of soil nails into public right-of-
way or utility easements.
14. A construction site management and parking plan meeting the specifications of the
City Building Department.
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Prior to issuance of a building permit:
I. All tap fees, impacts fees, and building permit fees shall be paid.
2. The location and design of standpipes, fire sprinklers, and alarms shall be
acceptable to the Fire Marshall.
Section 15: Noise Durinl! Construction
During construction, noise cannot exceed maximum permissible sound level standards,
and construction cannot be done except between the hours of 7 am and 7 pm, Monday
thru Saturday. Construction is not allowed on Sundays. It is very likely that noise
generated during the construction phase of this project will have some negative impact on
the neighborhood. The applicant should be aware of this and take measures to minimize
the predicted high noise levels.
Section 16: Condominiumization
Condominiumization of the Project to define separate ownership interests of the Project is
hereby approved by the City of Aspen, subject to recordation of a condominiumization plat
in compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 17:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
Planning and Zoning Commission Resolution
No. 18, Series of 2006 Page 9
1-
documentation presented before the Planning and Zoning Commission are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by other specific conditions.
Section 18:
This Resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 19:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 20:
That the City Clerk is directed, upon the adoption of this Resolution, to record a copy in the
office of the Pitkin County Clerk and Recorder.
APPROVED by the Commission at its regular meeting o~ 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION;
Da
Jasmine Tygre, Chair
ATTEST:
C:\home\Current Planning\CASES\Boomerang Lodge\Reso.doc
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JANICE K vas CI=IUDILL PITKIN COUNTY co R 51.00 D 0.00
Planning and Zoning Commission Resolution
No. 18, Series of 2006
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