HomeMy WebLinkAboutordinance.council.026-06
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Ordinance No. 26
(SERIES OF 2006)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING
APPROVAL OF THE SUBDIVISION, PLANNED UNIT DEVELOPMENT,
VESTED RIGHTS, CONDOMINIUMIZATION, AND REZONING FOR A
PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT
OF THE BOOMERANG LODGE, 500 WEST HOPKINS AVENUE, CITY OF
ASPEN, COLORADO.
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ParcellD:2735.I24.49.002
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 Suuny Vann of V ann Associates, requesting approval
of six (6) free-market residential growth management allotments, two (2) affordable
housing growth management allotments, twenty (20) lodge growth management
allotments, Subdivision approval, Rezoning for a Plarmed Unit Development Overlay,
Planned Unit Development approval, Condominiumization approval, and vested rights
for the redevelopment ofthe Boomerang Lodge located at 500 West Hopkins Avenue and
known legally as Lots K through S of Block 31, City and Townsite of Aspen, Pitkin
County, Colorado; and,
WHEREAS, the site currently contains 34 hotel units in a structure of
approximately 23,000 square feet of Floor Area and surface parking located primarily
within the public rights-of-way. The revised development includes 47 hotel units, 5 free-
market residential units, 2 affordable housing units, a 3 I-space underground parking facility
contained within a building of approximately 44,915 square feet of floor area as defined by
the City of Aspen, and a surface parking area of 12 spaces; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Building
Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments
as a result of the Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the application according to the standards of review for each of the
requested land use approvals and recommended approval with conditions; and,
WHEREAS, pursuant to Section 26.470.040 of the Land Use Code, Growth
Management Review approvals may be granted by the Planning and Zoning Commission
at a duly noticed public hearing after considering recommendations by the Community
Development Director, and relevant referral agencies and such Growth Management
approvals were granted by the Commission on June 13, 2006; and,
WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision
Review approval may be granted by the City Council at a duly noticed public hearing
after considering recommendations by the Plarming and Zoning Commission Community,
Development Director, and relevant referral agencies; and,
City Council Ordinance
No. 26, Series of2006
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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 Plarming and Zoning Commission opened a
duly noticed public hearing to consider the project and where the recommendations ofthe
Community Development Director and comments from the public were heard and
approved the request for six (6) free-market residential growth management allotments,
two (2) affordable housing growth management allotments, eighteen (18) lodge growth
management allotments, and recommended City Council Subdivision, Rezoning for a
Plarmed Unit Development Overlay, and Plarmed Unit Development approval by a four to
two (4-2) vote, with the findings contained in Exhibit A of the August 28, 2006, staff
memorandum and the conditions of approval listed hereinafter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY
COUNCIL AS FOLLOWS:
Section I: Growth Manal!ement Allotments
The Plarming and Zoning Commission, pursuant to Chapter 26.470 - Growth
Management - approved the Boomerang Lodge Redevelopment project six (6) free-
market residential allotments and two (2) affordable housing allotments, and eighteen
(18) lodge growth management allotments, subject to the requirements listed hereinafter.
..."","
Section 2: Approval for Subdivision. Rezoninl! for PUD Overlav. and PUD Final
Development Plan
Pursuant to Chapter 26.480,26.310, and 26.445 - Subdivision, Rezoning, and Plarmed Unit
Development, respectively - the City Council grants Subdivision approval, rezoning for a
Plarmed Unit Development Overlay, and Plarmed Unit Development Final Development
Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements
listed hereinafter.
Section 3: Proiect Dimensions
The following approved dimensions of the project shall be reflected in the Final PUD Plans:
Dimension
R-6 District
Requirement
Existing
Development
Development
Set in this
PUD
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Minimum Lot Size 6,OOOs.f. 27,OOOs.f. 27,OOOs.f.
Minimum Lot 60 ft 270 ft. 270 ft.
Width
Minimum Front 5 ft. 10-70 ft. (varies) 5 ft.
Yard Setback
(Hopkins)
Minimum Side 5 ft. 6 ft. on west 5 ft. on west
Yard Setback 1-5 ft. on east 4 It. 3 in. on east
(existing building)
City Council Ordinance
No. 26, Series of 2006 -2 -
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Minimum Rear 5 ft. 0-2 ft. 5 ft. on north
Yard Setback (second floor
balcony overhang 4'
5")
Maximum Height 25 ft. pitched roofs 30 ft. on alley 36' 6" feet
(set in PUD for 20-25 ft on east maximum, roof
Lodging) heights vary and are
set in this PUD plan
Parking Set in PUD 31 surface (all but 1 31 underground and
partially in r.o.w) 12 @ surface
(partially in r.o.w.)
Floor Area Ratio/Size:
Total Set in PUD .85 = 23,000 s.f. 1.66: 1 = 44,915 s.f.
Lodging Set in PUD .85 = 23,000 s.f. .87:1 = 23,547 s.f.
Ave. Lodge Size Set in PUD-500 sq. 340s.f. 501s.f.
ft.desirable
Free-Market 25% of total project N/A .39:1 = 10,733 =
Residential Floor Area 24% of total project
Affordable No FAR limit N/A .05:1 = 1,384s.f.
Residential
Section 4: Trash/Recvclinl! Area
The applicant shall ensure that the trash storage area has adequate wildlife protection and
to make sure recycling containers are present wherever trash compactors or dumpsters are
located due to the City's new recycling ordinance requiring haulers to provide recycling
in the cost of trash pick-up.
Section 5: Affordable 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.
City Council Ordinance
No. 26, Series of 2006
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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.
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Section 6: Additional Trip Generation and PMIO Mitil!ation Plan
In order to reduce the impacts of additional trip generation and PMlO generated by the
project, the project shall provide either: 1) a shuttle service for use by the owners/guests of
the residenceslhotel, 2) an electric vehicle for use by owners/gusts of the project, 3)
secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall
join the Transportation Options Program. The Subdivision Agreement shall specify which
of these options shall be implemented. A fleet of five (5) bicycles shall be provided for
use by the lodging guests. The project shall be subject to any transportation related impact
fees adopted prior to application for a building permit and any of the above options shall
be credited towards any fee requirement.
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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 oflands.
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 prior to applying for a building
permit. The final building location data, including any amendments, shall be
provided to the GIS Department prior to issuance of a Certificate of Occupancy.
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In addition to the standard requirement of Section 26.445.070.B, the Final PUD Plans shall
include:
1. An illustrative site plan with adequate snow storage areas and/or snow melted areas
depicted. Approved project dimensions shall be printed on the final illustrative plan.
2. A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan with a signature line for the City Parks Department.
'....."
City Council Ordinance
No. 26, Series of 2006
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3. A general sidewalk and curb improvements plan depicting a detached sidewalk with
planting buffer along both West Hopkins Avenue and North 5th Street. The
sidewalk shall be five feet in width and be located adjacent to the property
boundaries, or as close as possible given existing vegetation as determined by the
City Engineer and the Community Development Director. The surface parking
along West Hopkins A venue shall be eliminated.
4. An architectural character plan demonstrating the general architectural character and
depicting materials, fenestration, and projections.
5. Scaled floor plans of each level ofthe building depicting unit divisions.
'",,",.,c.
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, the provisions & conditions of this
ordinance, in addition to the following:
1. Revocable Encroachment agreements and licenses for physical improvements
within public rights-of-way with reference to their locations depicted on the
Subdivision Plat.
2. In order to secure the performance of the construction and installation of
improvements in the public rights-of-way, the landscape plan, and public facilities
performance security shall include and secure the estimated costs of proposed
right-of-way improvements.
3. A revocable license agreement to use portions of the Fourth Street right-of-way
for dedicated parking.
4. A license agreement to use any public rights-of-way, or portions thereof, adjacent
to the 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 $23,727 shall be assessed. Amendments to the Project or to the fee
schedule adopted prior to issuance of a building permit shall require a new calculation.
The following fee total is based on the current proposal and fee schedule and is subject to
final calculation at the time ofPUD Agreement acceptance:
Park Fees - Fees for Proposed Development:
47 Lodge Units (studio units) @ $1,520 per unit
3 two-bedroom residential units @ $2,120 per unit
2 three-bedroom residential units @ $2,725 per unit
Total
=$71,440
= $6,360
= $5,450
= $83,250
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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
City Council Ordinance
No. 26, Series of 2006 - 5 -
=$44,080
=$8,175
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2 three-bedroom units @ $3,634 per unit
=$7,268
Total Credit = ($59,523)
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Total Park Impact Fee Due = $23,727
Schoo/ Land Dedication Fees are assessed based on one-third the value of the
unimproved land divided by the proposed number ofresidential units on a per acre basis.
The applicant shall provide and the City of Aspen shall verify the unimproved land value
of the lands underlying the Project and determine the applicable dedication fee. The
subject subdivision is not conducive to locating a school facility and a cash-in-lieu
payment shall be accepted. Amendments to the Project or to the fee schedule adopted
prior to issuance of a building permit shall require a new calculation.
Other Impacts Fees. The project shall be subject to amendments and additions to the
Impact Fee Chapter of the Land Use Code adopted prior to the application for a building
permit.
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/Reuuirements
The applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations, including the following:
1. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office at the time of construction.
2. Applicant's engineer will be required to give the district an estimate of anticipated
daily average and peak flows from the project.
3. A wastewater flow study may be required for this proj ect to be funded by the
applicant.
4. All clear water connections are prohibited (roof, foundation, perimeter, patio
drains), including entrances to underground parking garages.
5. On-site drainage and landscaping plans require approval by the district, must
accommodate ACSD service requirements and comply with rules, regulations and
specifications.
6. On-site sanitary sewer utility plans require approval by ACSD.
7. Oil and Sand separators are required for public vehicle parking garages and
vehicle maintenance facilities.
8. Glycol snowmelt and heating systems must have containment provisions and must
preclude discharge to the public sanitary sewer system.
9. Plans for interceptors, separators and containment facilities require submittal by
the applicant and approval prior to building permit.
City Council Ordinance
No. 26, Series of 2006
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10. When new service lines are required for existing development the old service lines
must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements.
11. Below grade development may require installation of a pumping system.
12. Generally one tap is allowed for each building. Shared service line agreements
may be required where more than one unit is served by a single service line.
13. Permanent improvements are prohibited in areas covered by sewer easements or
right of ways to the lot line of each development.
14. All ACSD total connection fees must be paid prior to the issuance of a building
permit.
15. Where additional development would produce flows that would exceed the
plarmed 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.
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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 Plarmer,
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
Department. Street closures concurrent with significant public events shall be
avoided to the greatest extent possible.
3. A notice to be sent to neighboring property owners describing the general schedule
of the project and the contact information of the general contractor. The City
City Council Ordinance
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encourages open communication between project representatives and the neighbors
such that day-to-day issues can be resolved without involving the City.
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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.
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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 approvmg Resolution and
Ordinance have been read and understood.
3. The conditions of approval shall be printed on the cover page of the building permit
set.
4. A completed tap permit for service with the Aspen Consolidated Sanitation District.
5. A right-of-way improvement plan depicting physical improvements to the right-of-way
including design specifications and profiles. All improvements shall comply with the
City's requirements for accessibility.
6. A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan for approval by the City Parks Department.
7. A utility plan meeting the standards of the City Engineer and City utility agencies.
8. A grading/drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and after
construction. If a ground recharge system is required, a soil percolation report will be
required to correctly size the facility. A 2-year storm frequency should be used in
designing any drainage improvements. Off-site improvement shall be done in
coordination with the City Engineer.
9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas
log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of
decorative gas fireplace appliances per building. New buildings may NOT have wood
burning fireplaces, nor may any heating device use coal as fuel.
10. An asbestos inspection report. Prior to remodel, expansion or demolition of any
public or commercial building, including removal of drywall, carpet, tile, etc., the
CDPHE Air Quality Control Division must be notified and a person licensed by the
state of Colorado to do asbestos inspections must do an inspection. The Building
Department carmot sign any building permits until they get this report. If there is no
City Council Ordinance
No. 26, Series of2006
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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 shaH wash tracked mud and debris from the street as
necessary, and as requested by the City, during construction. Submission of a fugitive
dust control plan to the Colorado Department of Public Health and Environment Air
Quality Control Division may also be necessary.
13. A study performed by a Colorado licensed Civil Engineer demonstrating how the
required excavation of the site may be performed without damaging adjacent
structures and/or streets. The City will not approve of soil nails into public right-of-
way or utility easements.
14. A construction site management and parking plan meeting the specifications of the
City Building Department.
15. Design specifications and profiles for public right-of-way improvements. The sidewalk
shall incorporate accessible ramps according to the current standards and meet with the
approval of the City Engineer.
16. A utility plan meeting the standards of the City Engineer and City utility agencies.
17. A grading/drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and after
construction. If a ground recharge system is required, a soil percolation report will be
required to correctly size the facility. A 2-year storm frequency should be used in
designing any drainage improvements. Off-site improvement shaH be done in
coordination with the City Engineer.
18. An exterior lighting plan meeting the requirements of Section 26.575.150.
Prior to issuance of a building permit:
1. All tap fees, impacts fees, and building permit fees shall be paid.
2. The location and design of standpipes, fire sprinklers, and alarms shaH be
acceptable to the Fire Marshall.
Section 15: Noise Duriol! Construction
During construction, noise carmot exceed maximum permissible sound level standards,
and construction carmot 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.
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City Council Ordinance
No. 26, Series of 2006
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Section 16: Condominiumization
Condominiumization of the Project to define separate ownership interests of the Project is
hereby approved by the City of Aspen, subject to recordation of a condominiumization plat
in compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 17: Historic Landmark Desil!nation of the "East Win!!:"
Prior to filing of the final plat the owner shall initiate the designation of the "East Wing" of
the Boomerang Lodge for listing on the Aspen Inventory of Historic Sites and Structures.
The area to be designated shall be finalized in conjunction with the Historic Preservation
Commission but shall include that area of the structural east wing along the alley, Fourth
Street and Hopkins A venue, also including the outdoor pool and spa area. The designation
shall not subject the remainder of the building to HPC review.
Section 18:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by other specific conditions.
Section 19:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
- of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 20:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 21:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy in the
office of the Pitkin County Clerk and Recorder.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of June, 2006.
ATTEST:
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City Council Ordinance
No. 26, Series of2006
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JANICE K VOS CAUOILL PITKIN COUNTY CO R 56.00 0 0.00
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CityC '1
OunCl Ordinance
No. 26, Series of2006
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NOTICE OF APPROVAL
For An Insubstantial Amendment to the
Boomerang Lodge Redevelopment Planned Unit Development,
An Amendment to Ordinance No. 26 Series of 2006
Parcel In No. 2735.124.49.002
APPLICANT:
Aspen FSP-ABR, LLC c/o Steve Stunda, 11921 Freedom
Drive #950, Reston, VA 20190
REPRESENTATIVE:
Reno - Smith Architects, LLC, 605 W. Main Street No. 02
Aspen, CO 81611
SUBJECT OF
AMMENDMENT:
Boomerang Lodge Redevelopment PUD, Ordinance
No. 26, Series of2006 reo Height and Average Lodge Unit
Size
SUMMARY & STAFF EVALUATION:
On behalf of Aspen FSP - ABR, LLC, Reno - Smith Architects, represented by Augie
Reno, has applied for an Insubstantial Amendment to the Boomerang Lodge
Redevelopment PUD, Ordinance No. 26, Series of2006
The Applicant proposes an amendment to change the allowed roof.height of a portion of
the fourth floor of the lodge due to a requirement by the City of Aspen Building
Department regarding the minimum ceiling height within a unit. Whereas the building
code requires additional space for the ceiling height and additional insulation, the
requested PUD amendment is to allow for 12" of additional height only on a portion of
the 4th floor. Staff finds this is necessary to accomplish the building code requirements.
The second insubstantial PUD amendment request has to do with the average unit size of
the hotel units from 501 to 521 square feet. The unit number and average size changed
many times over the course of the review before the Planning and Zoning Commission as
well as the City Council. The third floor over the "historic" Boomerang section was
eliminated and other sections of the fourth floor were eliminated which reduced density
of units and average size. The City Council had found that an adjustment to the "average
unit size standard" was acceptable because it met the review criteria of the Land Use
Code allowing such deviation. Staff also finds consistency with the criteria that allow this
amendment. They are as follows with staffs findings in italics:
. The average unit-size standard may be amended by a maximum of 20% to permit an
average units size of 600 square feet. (The proposal meets this standard.)
. The project includes a generous amount of non-unit space, amenities, and services
for guests of the lodging operation. This can be both internal and external. (The
([IUlt v(III 1111 11111 I 111111111111111 III III ~~7~~~! ~9: 36~
S CRUDILL PITKIN COUNTY CO R 36,00 0 0.00
proposal keeps the unique original pool, original meeting/breaifast room upstairs
in the old east wing to be named the "Patterson Room ". The project includes a
lounge/ library, multi-purpose room and concierge area and services.)
· The project provides a range of unit sizes and configurations to be attractive to a
broad segment of potential guests. Flexible units are encouraged. (Units range in
size from 370 to 900 square feet, and include multi-room suites for families.)
· There exists a system or strategy for the project to maximize short-term
occupancies. (The lodge will be traditional in nature providing a walk-in
opportunity for traveling guests. The lodge is not fractionalized, and rooms can not
be occupiedfor more than 30 consecutive days.)
In order to amend a specific provision of the ordinance that approved the PUD originally,
a PUD Amendment must be approved. Staff supports the proposed amendment because
these are technical in nature and are for the purposes of clarifYing and correcting the
calculation of average room size. Furthermore, Staff finds that the amendments are in
keeping with the overall expectations of and representations made to the City Council to
the extent that the changes do not change the overall character or impacts to the
neighborhood, nor do they diminish the public benefits that are achieved by the project.
At the time of the City Council hearings, while there was a great deal of focus on the
height of the building, the building had been set higher than the level that is now being
proposed. Now, it is necessary due to building code reasons having to due with ceiling
height requirements, that only certain sections of the height must be increased. The
average room size changed by virtue of the removal of the once-proposed third floor over
the "historic" Boomerang section and two hotel units in the northwest section of the
building. Staff finds that the proposed amendment meets the criteria for an insubstantial
amendment pursuant to section 26.445.100 of the City of Aspen Land Use Code.
DECISION:
The Community Development Director finds the Insubstantial Planned Unit
Development Amendment to be consistent with the review criteria (Exhibit A) and
thereby, APPROVES the amendment as specified below.
This approval document shall be recorded and the final PUD plans shall reflect the
amendments contained herein. The exact areas of the amended height shall be
shown on the rmal PUD plans.
APPROVED BY:
1) t);~
"-~f!f%- .f:r-
1 / /"7-/0T
Date
Community Development Director
Attachments:
Exhibit A - Review Criteria Checklist
Exhibit B - Letter of Request from Reno-Smith Architecture, dated December 4,2006
2
EXHIBIT A
Insubstantial PUD Amendment Checklist
26.445.100 Review Criteria
All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section
26.445.100, Amendment to PUD Development Order:
[i(" The proposed amendment does not change the use or character of the development.
IiY The proposed amendment does not increase by greater than three (3) percent the
overall coverage of structures on the land.
e(
The proposed amendment does not substantially increases trip generation rates of
the proposed development, or the demand for public facilities.
~
The proposed amendment does not decrease the approved open space by greater than
three (3) percent.
~
The proposed amendment does not reduce the off street parking and loading space by
greater than one (1) percent.
~
The proposed amendment does not reduce required pavement widths or rights-of-
way for streets and easements.
Iif' The proposed amendment does not increase the approved gross leasable floor area of
commercial building by greater than two (2) percent.
6 The proposed amendment does not increase the approved residential density of the
development by greater than one (1) percent.
cf' The proposed amendment will not enact a change which is inconsistent with a
condition or representation of the project's original approval or which requires
granting a variation from the project's approved use or dimensional requirements.
3
.
December 4, 2006
Mrs. Joyce Allgaier
City of Aspen
Community Development Department
130 South Galena
Aspen, CO 81611
RE: Boomerang Lodge
Insubstantial Amendment to the POO agreement
Dear Joyce,
We have two (2) issues we respectfully request be considered as an
insubstantial amendment to the POO agreement.
The first issue is a request that a portion of the fourth (4th) floor
roof, specifically the section that was approved at a height restriction of
34'-6", be allowed to increase by an additional 12". This would set the
height restriction at 35'-6".
Our reasons for this request are twofold. The first reason is that
with the current height restriction of34'-6" we are unable to provide
minimum ceiling heights of 7'-6" as required by the International Building
Code. As currently designed, we have ceilings that are just below 7'-0".
The other reason for our request has to due with the required
structure and insulation for the roof of the fourth (4th) floor. We allowed
for 12" of structure and insulation in our original design and come to find
out that we actually need 18" for this assembly.
The additional 12" in height restriction (35'-6") would allow us to
comply with minimum ceiling heights and would enable us to provide the
necessary structure and insulation for the fourth (4th) floor roof.
Don will get you the plans. Attached are the original and revised
roof plans.
E'Jlhiloit 'B
ALJGUST
RENO
AlA
SCOTT
SMITH
AlA
RENO ,SMITH
. ARC II I 'J' E C T S. L L. C. .
III
605 W. MAIN STREET
NO 002
ASPEN
COLORADO
R1611
970.925.5968
FACSIMIl.E
970.925.5993
EMAIL
officc@renosmith,com
0371 SOUTHSIDE DRIVE
BASALT
COLORADO
81621
970.927.6834
FACSIMILE
970.927.6840
R'l
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DEe 1 1 2006
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BUll DING OFf ,15(T\FF
I 1111111111 II III 11111111 I II 111111 II I I111 II ~~7~~:;! ~9' 36~
JANICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 0 0.00 .
The second (2nd) issue relates to the average room size for the hotel
units.
The approved average hotel unit size was 50 I. We request that
this average be increased to 521 (a 4% increase).
During the approval process we eliminated the proposed third (3 rd)
floor at the Eastern historic section of the building. This elimination
reduced the hotel unit count by five (5) units. We eliminated the stairwell
at this portion of the building.
We also eliminated two (2) hotel units at the Northwest section of
the building.
The total hotel unit count was reduced by 7 (a 13% reduction).
The associated square footage for this reduction has increased the average
hotel unit size.
We overlooked these issues during our rush to revise and re-submit
to the City Council during the approval process. I apologize for the
oversight and hope you understand.
As we previously discussed these issues, please contact me with
any questions you may have.
Our intent is to have the POO Agreement recorded mid-January
2007. We hope to have this insubstantial amendment request as part ofthe
record.
Thank you for your consideration and help.
Respectfully Yours,
~
CfIn
August
9,
. Reno, AlA
cc: S. Stunda
S. Vann
T. Adams
D.Shi
S.Smith
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