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Home My WebLink Aboutcoa.lu.gm.500 W Hopkins Ave.0028.2017.ASLUTHE CrrY of Aspen Land Use Application Determination of Completeness Date: April 3, 2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 500 W. Hopkins Ave. (Boomerang), GMQS Amendment and have reviewed it for completeness. / Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application. 2) Review deposit of $325.00 3) One additional hard copy of the application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, r Jennifer Phelan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No--/-- Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No_. Commercial E.P.F. Lodging 7Lj THE CITY OF ASPEN Land Use Application Determination of Completeness Date: April 3, 2017 Dear City of Aspen Land Use Review Applicant, �4� We have received your land use application for 500 W. Hopkins Ave. (Boomerang)GMQS Amendment and have reviewed it for completeness. I )( Your Land Use Application is complete: lease submit the following to begin the land use review process. 1) Digital pdf of the entire application. 2) Review deposit of $325.00 3) One additional hard copy of the application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th You, e,, ennifereputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No Subdivision, or PD (creating more than 1 additional lot)_ GMQS Allotments Residential Affordable Housing Yes Now Commercial E.P.F. Lodging__ 0 0 PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0028. 2017.ASLU 6"1,11kN1Wr l.9;mI �V-AVH 2735 124 49 002 I:114WAWA&I M101041,1 GMQS N. ffll 16LFIX 7TT► 1l 5.26.17 CLOSED BY ANGIE SCOREY 1.17.18 Permits File Edit Record Navigate Form Reports Format Tab Help Jump 1 J 1 ! 11 i�j 1d 16 Main Custom Fields Routing Status I Fee Summary I Actions Routing History SP 0 o N 1F00 jo 77 77 0 cn 0 Permit # 0028.2017.ASLU Apt/Suite State CO zip 81611 Routing queue aslul Status pending —� APPLICATION FOR BOOI.IERANG GLIQSALIENDLIENT Submitted BENDONADAMS 9252855 Clock Running Days Submitted via 1 Applied 04/05/2017 Approved Issued Closed/Final Expires 03/31/2018 Owner Lastname ERICbVrTr.IONDT MANGER, I First name -ASPEN VENTURES 1,LLC 500bVESTHOPKINSAVE Phone (973) 487-1900 —71 Address ASPEN CO 81611 Applicant 0 Owner is applicant? ❑ Contractor is applicant? Last name ERIC WM.IONDT, MANGER, I First name ASPEN VENTURES 1,LLC 500 WEST H0PKINSAVE Phone (973) 487-1800 Cust # Address ASPEN CO 81611 30614 Email Lender Last name First name Phone ( ) - Address AspenGold5 (server. ❑ X 0 a NOTICE OF APPROVAL FOR AN INSUBSTANTIAL GMQS AMENDMENT TO THE PROPERTY LEGALLY DESCRIBED AS BOOMERANG LODGE SUBDIVISION/PUD, ACCORDING TO THE PLAT RECORDED MARCH 21, 2007 IN PLAT BOOK 83 AT PAGE 3, CITY OF ASPEN, COUNTY OF PITKIN, COLORADO; AND COMMONLY KNOWN AS 500 W. HOPKINS AVENUE Parcel ID: 2735-124-49-002 APPLICANT: ME Aspen Ventures One LLC c/o Genshaft Cramer; 420 East Main Street, Suite 200; Aspen, CO 81611 970.925.9450 REPRESENTATIVE: BendonAdams 300 So. Spring St. #202; Aspen, CO 81611 (970) 925-2855 SUBJECT & SITE OF APPROVAL: Insubstantial GMQS Amendment at 500 W. Hopkins Ave. ZONING: Lodge Preservation (LP)/ Planned Development (PD)/Medium- Density Residential(R-6) SUMMARY: The applicant requests a Growth Management Quota System (GMQS) Amendment to the Boomerang Lodge Planned Development. Specifically, this amendment seeks to clarify the following questions: 1. Are the Growth Management allotments assigned to the project in 2006 still valid? 2. Can the 2006 allotments be utilized in a modified project? 3. Can the reconstruction rights carry forward into a modified project? History Boomerang Lodge originally received GMQS allotments in Planning and Zoning Commission Resolution No. 18, Series 2006. The project was granted eighteen (18) lodge, six (6) free-market residential, and two (2) affordable residential allotments. The project had thirty-four (34) lodge redevelopment credits. Ordinance No. 26, 2006 modified the GMQS allotments, granting approvals for a lodge with forty-seven (47) lodge units, five (5) free market units, and two (2) affordable housing units; therefore, upon final approval, there were a total of thirteen (13) lodge units, five (5) free market units, and two (2) affordable housing units that were granted from the 2006 GMQS allotment year. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN RECEPTION#: 638633, R: $43.00, D: $0.00 Pagel of3 DOC CODE: APPROVAL Pg 1 of 7, 05/26/2017 at 11:01:14 AM Janice K. Vos Caudill, Pitkin County, CO • 0 A building permit was submitted in 2007 to demolish the non -historic portions of the Boomerang Lodge and demolition occurred in summer of 2007 in anticipation of redevelopment of the site. Later in 2007, a permit was submitted to redevelop the property pursuant to the 2006 approvals and the project stalled because of the economic downturn caused by the Great Recession and the building permit became null and void. A vested rights extension for three years was granted in August 9, 2009, extending the vesting period to October 201h, 2012 by City Council Resolution No. 58, Series 2009. A subsequent extension of vested rights for an additional three year period to expire on October 20, 2015 was granted by City Council Resolution no. 80, Series 2012. The statutory vested rights expired in October 2015. A complete permit (Permit number 0052.2015.ACBK) was submitted prior to the expiration of the statutory vested rights and remains active with common law vesting. STAFF EVALUATION: The criteria for an insubstantial amendment to a growth management development order allow for an amendment provided there are minimal changes to the approved project. No changes are proposed to the project; the Applicant seeks to clarify the following three questions: 1. Are the Growth Management allotments assigned to the project in 2006 still valid? 2. Can the 2006 allotments be utilized in a modified project? 3. Can the reconstruction rights carry forward into a modified project? The active building permit (0052.2015.ACBK) expires on June 9, 2017. The allotments awarded in 2006 and reconstruction credits apply to through the life of the active permit. Should an amendment be filed prior to expiration of the permit, the Community Development Director would need to find that the criteria for an Insubstantial Amendment to a growth management development order be met, pursuant to Sec. 26.470.150.A. The applicant has provided a series of drawings (Exhibit A) indicating potential amendments to the internal configuration of the rooms. Based on the information provided, the attached plans qualify for an Insubstantial Amendment to the growth management development order, which would allow the 2006 assigned allotments and the reconstruction credits to remain active as part of the amendment. If the future request does not meet the criteria, it would be considered a Substantial Amendment to a growth management development order. Sec. 26.470.150.B states that "Allotments granted shall remain valid and applied to the amended application, provided that the amendment application is submitted prior to the expiration of vested rights". The vested rights for the project expired in October 2015; therefore, under this scenario the project would be subject to the provisions of the Land Use Code, including a new request for GMQS allotments, at the time of application. An amendment to the approvals would also be subject to Planned Development Review, pursuant to Sec.26.445.110, Amendments. The Community Development Director may authorize an insubstantial amendment provided the criteria for Sec. 26.445.110.A, Insubstantial Amendments, are met. An insubstantial amendment would not fundamentally change the project or require any variations from underlying zoning; therefore, the GMQS allotments and reconstruction credit Page 2 of 3 would be carried forward to the amended project, provided the application for the amendment is received and deemed complete prior to June 9, 2017. Any change in the approved dimensions requires a Minor Amendment to a Project Review approval, which may be authorized by City Council. A Minor Amendment application that is consistent with the changes represented in Exhibit A could retain the growth management allotments and reconstruction credit provided the application is received and deemed complete prior to June 9, 2017. The proposed clarification to the growth management approvals are consistent with the approvals granted by Ordinance No. 26 of 2006. Staff finds the review criteria for an Insubstantial GMQS Amendment are met, as described in Exhibit B. DECISION: The Community Development Director finds the Administrative Application for an Insubstantial Amendment of a growth management development order as noted above and to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request. APPROVED BY: m C4JsWsica�'dw, Community Development Director Date Attachments: Exhibit A — Drawings Exhibit B — Insubstantial PD Amendment Review Criteria (not recorded) Exhibit C — Application (not recorded) Page 3 of 3 _ ll9l@OOHMOIOJ'N3dgV 3nNmv sNDIdOH 'Moos g S 8 a "' 39001 JNN213W000 $ N m LJ z :+pti9 a � l 1918 OOYHOl07 'N3dSV 3nN3AV SNIHdOH 'M OOS lift 39OOl ENV-S3W000 o a aa>r 1 I r �< I I ,d I G EII �: Sg Z l L L r I � j �1 o 11919 OCrYHOIOJ 'N3dSV18 3JdOl JNVIDW3nN3AVSNO1dOH'MOOS i y S OOSJ L r p� a®®PIE ®11 FA � Z :92 3 W z� uu �uo'rQxo rt z � � L�a �aw3d# j2' mN3A¥s X" a � � E ` !®! - 222 ® C § • 2 °(| ƒM ]gUOION"]WOO§ �------� — — --s R-1 Janice K. Vos Caudill 7 %JrKIN Transaction Receipt Pitkin County Clerk and Recorder Print Date: 05/26/2017 1 1:01:20 AM 534 East Hyman Avenue COUNT Transaction #437557 Aspen, CO 81611 ------- �� :'�� - — Transaction Type: Recording (970)429-2716 Receipt #2017002774 Cashier: Patty Nadon Cashier Date: 05/26/2017 1 l :01:14 AM Number of Documents Recorded: 1 Reception#638633 - APPROVAL - 7pg(s) Recording Surcharge: $3.00 Recording Fee: $40.00 $43.00 Total Fees $43.00 Payment Received: Check 41144 $43.00 Change $0.00 Presented by: BENDONADAMS LLC 300 S SPRING ST ASPEN, CO 81611 N!, March 24, 2017 RECEIVED MAR272017 Ms. Jessica Garrow, AICP CITY OF ASPEN Community Development Director City of Aspen L� 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. 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM E • Boomerang Lodge Insubstantial GMQS Amendment 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. 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM U • 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 free- market 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. Boomerang Lodge Insubstantial GMQS Amendment City of Aspen Growth Management Quota System - Growth Ceilings May 2005 thru Feb. 2007 Free -Market Residential (units) Affordable Residential (units) Commercial (square feet net leasable) Lodge (pillows)' Growth Ceiling 4,906 2,428 1,830,000 11,160 2005 Development 3.774 1,608 1,408,804 8,583 Burlingame Ranch/Bar X Ranch (pre-GMOSOrd,nance but not p—ousy counted) 12 97 0 0 Obermeyer Place (pre- GMOS Ordinance but not pr—ousy counted) 22 22 0 0 616 West Main Historic Landmark change -in -use 1 0 0 0 Hannah Dustin mixed -use 2 3 2,440 0 mete Lodge Redevelopment 15 0 0 30 Boomerang Lodge Redevelopment 6 2 0 40 410 South West End 0 3 0 0 306 South Garmisch 0 2 0 0 Lift One Condominiums 0 1 0 0 719 East op ins Ave. 0 3 0 0 Jewish Community Center 0 3 0 0 1001 e 2 1 0 0 m age 5 5 767 0 201 N. Mill (Jerome Professional) 6 3 3,305 0 307. S. Spring (Wienerstube) 1 6 12 10.528 1 0 Lodge spen Mtn. 0 9 20,088 114 725 E. Durant 0 1 0 0 Smuggler Ari 1 0 1 32 0 0 Expected Total Development 65 102 37,128 184 Under Ceiling 1.067 1 718 1 384,068 1 2,393 '- Lodge q1—.—Med et 2 plws per unit An amendment made in response to City Council $OUfC, `,tyofApen`°n ,,ty°""°p'"entDe dt 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. 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Boomerang Lodge Insubstantial GMQS Amendment Review Criteria The City of Aspen Land Use Code Section 26.47O.15O.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 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Boomerang Lodge Insubstantial GMQS Amendment 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, 34e 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 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM a • Exhibit 1 ATTACHMENT 2 — LAND USE APPLICATION PROJECT: Name: Boomerang Lodge GMQS Amendment Location: 500 West Hopkins Avenue Parcel ID # (REQUIRED) 2735-124-49-002 nc eoor iraNT. ""wRU111111071, f._ "'I C/Y Name: ME Aspen Ventures One LLC, a Colorado Limited Liability Company Address: c/o Genshaft Cramer; 420 East Main Street, Suite 200; Aspen, CO 81611 Phone #: 970.925.9450 REPRESENTIVATIVE: Name: BendonAdams Address: 300 So. Spring St. #202; Aspen, CO 81611 Phone#: (970) 925-2855 E=1 GMQS Exemption Conceptual PUD Temporary Use GMQS Allotment Final PUD (& PUD Amendment) Special Review Subdivision 0 Conceptual SPA 0 ESA— 8040 Greenline, Stream Subdivision Exemption (includes Margin, Hallam Lake Bluff, Condominiumization) Mountain View Plane 0 Final SPA (&SPA Commercial Design Review Lot Split Amendment) Residential Design Variance 0 Lot Line Adjustment Small Lodge Conversion/ 0 Conditional Use Expansion V Other:GMQS insub. amen EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Lodge approved via Ordinance 26, 2006. 47 lodge keys, 5 free-market residences, 2 affordable residences underground parking and accessory uses. PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) 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. lavp you attached the following? FEES DUE: S 325 Pre -Application Conference Summary Attachment #1, Signed Fee Agreement n a Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards n a 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. • RETAIL! FOR P;FR,MANEK"I i D Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Eric Witmondt, Manager, ME Phone No.: Eric.Witmondt@woodmontproperties Owner ("I'T Aspen Ventures One LLC Email: 973.487.1800 Address of Billing "" """""""" Property: 500 West Hopkins Avenue; Address: c/o Woodmont Properties P Y� (Subject of Aspen, CO 81611 (send bills here) Greenbrook Executive Center aoolication) 100 Passaic Avenue, Suite 240 I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. flat fee for flat fee for $. flat fee for flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 325 deposit for 1 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $ Property Owner: ZC Name: Eric Witmondt Mana_ger, ME Aspen Ventures One LLC, a Title: Colorado Limited Liability Company Exhibit 2 PLANNER: PROJECT: REPRESENTATIVE: TYPE OF APPLICATION CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY Jessica Garrow, 970.429.2780 DATE: 2/21/17 500 W Hopkins, boomerang Lodge Michael Hoffman 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-Zoninq/ Follow link below to view the City of Aspen Land Use Code http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoninq/Title-26- Land-Use-Code/ Land Use Code Section(s) 26.304 Common development review procedures 26.470 Growth Management Quota System Review by Public Hearing Planning Fees: Total Deposit Community Development Staff for complete application RECEIVED MAR 2 7 2017 CITY OF ASPEN COMMUNITY DEVELOPMENT None $325 deposit. Additional time over (10) hours will be billed at $325 per hour. $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, ASLU GMQS 500 W Hopkins 0 0 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 8 112" 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. • U Exhibit 3 [� gen sh of t c ramer . 420 East Mai Aspen, COi8161111 ASPEN i PALM BEACH 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 ! 0 Aspen FSP-ABR, LLC c/o Alex. Brown Realty, Inc. 300 E Lombard Street, Suite 1200 Baltimore, Maryland 21202 March 24, 2017 Ms. Jessica Garrow, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 Exhibit 3. 1 Re: Property: 500 West Hopkins Avenue. Boomerang Lodge Subdivision & Planned Unit Development, Parcel ID 2735-124-49-002. Dear Ms. Garrow: This letter is to confirm that Aspen FSP-ABR LLC is the owner of the Boomerang Lodge property and has authorized ME Aspen Ventures One LLC, as a contract purchaser of the Property, to submit the land use application of which this authorization letter is a part. If you have any questions concerning this authorization, please contact our attorney, Michael Hoffman, at (970) 544-3442 or mh�ffmanri;emhlaw.net. Sincerely, ASPEN FSP-ABR, LLC, a Delaware limited liability company By: BROWN REALTY MANAGER, INC., a Delaware corporation, its Manager By: •wL % /�----- Name:/ Title: Lawrence E. Collins Vice President By: Fountain Square Properties, LLC, a Virginia limited h I IF any its Man eper r By: David W. eder, its Managcr 0 Exhibit 4 O BendonAdams 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; Aspen, CO. Ms. Garrow: hED MAR 2 7 2017 CITY OF ASPEN C011O pNTY DIM~ Please accept this letter authorizing BendonAdams, LLC, to represent our ownership interests in the Boomerang Lodge property and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property: 500 West Hopkins Avenue. Boomerang Lodge Planned Unit Development. Parcel ID 2735-124-49-002. Contract Purchaser: ME Aspen Ventures One LLC, a Colorado Limited Liability Company Kind Reg�rdd Eric Witmondt Manager ME Aspen Ventures One LLC, a Colorado Limited Liability Company Eric.Witmondt@woodrnontproperties.corn 973.487.1800 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM 0 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property oviner or Attorne y representing the property owner. Name Eric Witmondt Property Manager, ME Aspen Ventures One LLC Owner CIT Email: Eric.Witmondt@woodmontproperties.com Phone No.: 973.487.1800 Address of Boomerang Lodge Property: (subject of 500 West Hopkins Avenue application) Aspen, CO 81611 I certify as follows (pick one) ® This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary_ ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws I understand that this document is a ppblic document. Owner signature date- 3 ZY � 1 Owner printed name: or Attorney signature Attorney printed name Eric Witmondt Manager, ME Aspen Ventures One LLC, a Colorado Limited Liability Company date- Resolution No. 18 (SERIES OF 2006) R%EIVED MAR 2 7 2011 Exhibit 6 CITY OF ASPEN '*111MfY DEVELOPMENT 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 M m from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950; m Reston , VA 20190; represented by Sunny Vann of Vann Associates, requesting approval r wpm d N m of six (6) free-market residential growth management allotments, two (2) affordable m housing growth management allotments, eighteen (18) lodge growth management N a m allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay, m Planned Unit Development approval, Condominiumization approval, and vested rights Ln 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, Z �b 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- CL 9�- J 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 a 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, 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 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 Management 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, Rezoning for PUD Overlay, 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: Pro'ect Dimensions The followin a roved dimensions of the p.L9.jcct shall be reflected in the Final PUD Plans Dimension Minimum Lot Size 27,000 s.f. Minimum Lot Width 270 ft. Minimum Front Yard Setback 0-5 ft. Minimum Side Yard Setback 0-5 ft. on west 1-5 ft. on east Minimum Rear Yard Setback 0-5 ft. Maximum Height 42 ft. for a flat roof. Approximately 30- 35 ft. on east side. "This needs tb'be Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 2 tmre Specific Pedestrian Amenity Space Floor Total 1 19% 1.86:1 = 50,470 s.f. Lodging .97.1 = 26,210 s.f. Non -unit space .35:1 = 9,536 s.f. Commercial N/A Free -Market Residential .475:1 = 12,845 = 25% of total project Affordable Residential .05:1 = 1,452 s.f. Section 4: Trash/Recycling Area The applicant is encouraged to make sure that the trash storage area has adequate wildlife protection and to make sure recycling containers are present wherever trash compactors or dumpsters are located due to the City's new recycling ordinance requiring haulers to provide recycling in the cost of trash pick-up. N mm Section 5: Affordable Housing r ; m m The applicant shall provide two Category 2 affordable housing units as depicted in the CD application dated December 30, 2005. These units shall be considered full mitigation for N the development proposed in said application. to co in a m m m A Certificate of Occupancy for the Boomerang Lodge Redevelopment project shall not be — a issued until such time as Certificates of Occupancy for the deed restricted affordable �Z g 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 _Z �_ z contained within the APCHA Guidelines, as may be amended from time to time. �0. The applicant shall structure and record a deed restriction for the affordable housing units such that an undivided 1/10th of I 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. a The affordable housing units shall be deed -restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCI-IA deems the units out of compliance over a period of more than one year. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. At such time if the units become ownership units, these units will establish an independent homeowners association. Section 6, Additional Trip Generation and PM10 Mitigation Plan Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 3 In order to reduce the impacts of additional trip generation and PM10 generated by the project, the project shall provide either: 1) a shuttle service for use by the owners/guests of the residences/hotel, 2) an electric vehicle for use by owners/gusts of the project, 3) secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall join the Transportation Options Program. The Subdivision Agreement shall specify which of these options shall be implemented. The project shall be subject to any transportation related impact fees adopted prior to application for a building permit and any of the above options shall be credited towards any fee requirement. Section 7: Subdivision Plat and PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and Final PUD Plans, The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and, in addition to the standard requirements, shall include: 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 prior to applying for a building pen -nit. 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 Resolution No. 18, Series of 2006 Page 4 • 5. An architectural character plan demonstrating the general architectural character and depicting materials, fenestration, and projections. 6. Scaled floor plans of each level 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 Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision and PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.480.070 and 26.445.070.C, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements N within public rights -of -way with reference to their locations depicted on the m m Subdivision Plat. r 4. „ m 2. In order to secure the performance of the construction and installation of InN� r . o improvements in the public rights -of -way, the landscape plan, and public facilities a N we performance security shall include and secure the estimated costs of proposed fo a m m right-of-way improvements. .: N 3. A revocable license agreement to use portions of the Fourth Street right-of-way for dedicated parking. g 4. A license agreement to use any public rights -of -way, or portions thereof, adjacent .� o to the project site for construction staging including a fee to use the land at a rate -`Z of $1.25 per square foot per month for the time period in which the land is to be occupied for construction staging. .` J 0 Section 9: Impact Fees b Park Impact Fees of $41,039 shall be assessed. Amendments to the Project or to the fee o schedule adopted prior to issuance of a building permit shall require a new calculation. W The following fee total is based on the current proposal and fee schedule: z a Park Fees — Proposed Development: 52 Lodge Units (studio units) @ $1,520 per unit =579,040 2 one -bedroom residential units @ $2,120 per unit = $4,240 3 two -bedroom residential units @ $2,725 per unit = $8,175 3 three -bedroom residential units @ $3,634 per unit = $10,902 Total = $102,357 Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 5 u 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 Total Credit Total Park Impact Fee Due =$44,080 =$8,175 =$7,268 _ ($59,523) = $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 Im acts 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 De artment 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/Re uirements 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 specifcations, 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. Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 6 U • 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. 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. AlI 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 N downstream collection system or treatment capacity constraint. Additional m proportionate fees would be collected over time from all development in the area m of concern in order to fund the improvements needed. Section 12: Pre -Construction Meeting � dm N ro a LO a m m Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, to Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, �8 identify conditions of approval, discuss the Construction Management Plan, identify the '! timeline for plat and PUD/SIA agreement recordation, identify the types of building i�z permits necessary and the development activities that can be conducted prior to receiving a 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., etc., and review the Building Department checklist. a: i 0 Section 13: Construction Mana ement Plan W 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 Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 7 Department. Street closures concurrent with significant public events shall be avoided to the greatest extent possible. 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, N 5. Recycling facilities, in addition to trash facilities, for the period of construction. mm r 00 m Section 14: Building Permit Requirements N a The building permit application shall include/depict: NI 1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use A o0 a m m approval. 2. A letter from the primary contractor stating that the approving Resolution and Ordinance have been read and understood. - U Z 3. The conditions of approval shall be printed on the cover page of the building permit set. U 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 g 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. Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 8 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. m m 14. A construction site management and parking plan meeting the specifications of the m City Building Department. r 00m tt SO j N Prior to issuance of a building permit: N m11 e tt) a m m 1. All tap fees, impacts fees, and building permit fees shall be paid. m �N 2. The location and design of standpipes, fire sprinklers, and alarms shall be �o acceptable to the Fire Marshall. �r U Z Section 15: Noise During Construction During construction, noise cannot exceed maximum permissible sound level standards, Y 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. � Y 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 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 on?AL,3 2006. APPROVED AS TO FORM: Da Hoefer, Asst. City Altorney ATTEST: J1,kie Lothian,)Deputy City Clerk PLANNING AND ZONING COMMISSION; Jasmine Tygre, Chair C:\home\Current Planning\CASES\Boomerang Lodge\Reso.doc 527141 Page: 10 of 10 JANICE K VOS CAUDILL PITKIN COUNTY CO R 51.00 8/04006 DZ0.0010:231 Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 10 Exhibit 7 Ordinance No.26 . (SERIES OF 2006) v.r 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, COI ORADO. Parcel ID:2735.124.49.002 WHEREAS, the Community Development Department received an application from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950; Reston , VA 20190; represented by Sunny Vann of Vann Associates, requesting approval of six (6) free-market residential growth management allotments, two (2) affordable housing growth management allotments, twenty (20) lodge growth management allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay, Planned Unit Development approval, Condominiumization approval, and vested rights 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 Comity, 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 31-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 Planning and 'Zoning Commission Community, Development Director, and relevant referral agencies; and, m .+ v �mm Cl) o m ch .+ND N ;; a Ln nmm m City Council Ordinance No. 26, Series of 2006 - 1 - 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 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 1 • Growth Management Allotments The Planning and Zoning Commission, pursuant to Chapter 26.470 — Growth Management — approved the Boomerang Lodge Redevelopment project six (6) free- market residential allotments and two (2) affordable housing allotments, and eighteen (18) lodge growth management allotments, subject to the requirements listed hereinafter. Section 2• Approval for Subdivision, Rezoning for PUD Overlay, and PUD Final Development Plan Pursuant to Chapter 26.480, 26.310, and 26.445 — Subdivision, Rezoning, and Planned Unit Development, respectively — the City Council grants Subdivision approval, rezoning for a Planned Unit Development Overlay, and Planned Unit Development Final Development 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: City Council Ordinance No. 26, Series of 2006 -2- m "mm M 4- r- is oIDm No •• N C p B Op B� m .� W �o U Z z � U � Z � Y F � J �Q Uf X - W U_ - Z Cr 1._ 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. 340 s.f. 501 s.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/Recycling Area The applicant shall ensure that the trash storage area has adequate wildlife protection and to make sure recycling containers are present wherever trash compactors or dumpsters are located due to the City's new recycling ordinance requiring haulers to provide recycling in the cost of trash pick-up. Section 5: Affordable Housing The applicant shall provide two Category 2 affordable housing units as depicted in the application dated December 30, 2005. These units shall be considered full mitigation for the development proposed in said application. A Certificate of Occupancy for the Boomerang Lodge Redevelopment project shall not be issued until such time as Certificates of Occupancy for the deed restricted affordable housing units, which 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. m ..m CO wnm CV) ° m m M N Q m to a m m m m rL U Z U � Y F J J �!R �5 to @NONE O � Y - W U CE City Council Ordinance No. 26, Series of 2006 - 3 - The affordable housing units shall be deed -restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance over a period of more than one year. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. At such time if the units become ownership units, these units will establish an independent homeowners association. Section 6: Additional Trip Generation and PM10 MitiLyation Plan In order to reduce the impacts of additional trip generation and PM10 generated by the project, the project shall provide either: 1) a shuttle service for use by the owners/guests of the residences/hotel, 2) 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. 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 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. 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 -4- a 3. A general sidewalk and curb improvements plan depicting a detached sidewalk with planting buffer along both West Hopkins Avenue and North 5" 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. 4. An architectural character plan demonstrating the general architectural character and depicting materials, fenestration, and projections. 5. Scaled floor plans of each level of the building depicting unit divisions. Section 8: Subdivision and PUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision and PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.480.070 and 26.445.070.C, the provisions & conditions of this ordinance, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements m within public rights -of -way with reference to their locations depicted on the Subdivision Plat. 0 m o 2. In order to secure the performance of the construction and installation of p) in N o N improvements in the public rights -of -way, the landscape plan, and public facilities am performance security shall include and secure the estimated costs of proposed to a m right-of-way improvements. 3. A revocable license agreement to use portions of the Fourth Street right-of-way +o for dedicated parking. F 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 a occupied for construction staging. Section 9: Impact Fees Park Impact 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. •� w The following fee total is based on the current proposal and fee schedule and is subject to a final calculation at the time of PUD Agreement acceptance: Park Fees — Fees for Proposed Development: 47 Lodge Units (studio units) @ $1,520 per unit =$71,440 3 two -bedroom residential units @ $2,120 per unit = $6,360 2 three -bedroom residential units @ $2,725 per unit = $5,450 Total = $83,250 Park Fees — Credit for Existing Development: 34 Lodge Units 29-studio units @ $1,520 per unit =$44,080 3 two -bedroom units @ $2725 per unit =$8,175 City Council Ordinance No. 26, Series of 2006 -5 - • 2 three -bedroom units @ $3,634 per unit=$7,268 Total Credit = ($59,523) Total Park Impact Fee Due = $23,727 School Land Dedication: Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The applicant shall provide and the City of Aspen shall verify the unimproved land value of the lands underlying the Project and determine the applicable dedication fee. The subject subdivision is not conducive to locating a school facility and a cash -in -lieu 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/Re uirements 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. 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 - 6 - m A � � o � m N ;; a cry o+ LOomm m H Z U N � a 3 J NO U Q � j X � V Q 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 grrade 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 Meeting Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and PLTD/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 Management Plan Prior to application for any Building Permit, Foundation Permit, Access Infrastructure permit, Demolition permit, etc., the applicant and the City shall agree upon a Construction Management Plan for the project. For the City, the plan shall be reviewed by the Community Development Engineer. The Plan shall 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 No. 26, Series of 2006 - 7 - Ln is ..mm cr3 w P- oo a e h C4 0 11 N "N �ry a m to a m0 m �W- 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• Building 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. 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 cannot sign any building permits until they get this report. If there is no City Council Ordinance No. 26, Series of 2006 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. 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 shall be done in coordination with the City Engineer. 18. An exterior lighting plan meeting the requirements of Section 26.575.150. Prior to issuance of a building permit: 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 During 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. City Council Ordinance No. 26, Series of 2006 - 9 - Section 16: Condominiumization ,,. Condonuniumization of the Project to define separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. Section 17: Historic Landmark Designation of the "East Wing" Prior to filing of 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 Avenue, also including the outdoor pool and spa area. The designation shall not subject the remainder of the building to HPC review. Section 1& 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 `ft— 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 26'h day of June, 2006. J. derud, ATTEST: City Council Ordinance No. 26, Series of 2006 - 10 - m wma orm �o (V N A B LD a m s m � U Z RRERM O i 2 i a � J J U U) i X W MMME!Z a tyty�S. Ci Jerk FN YN.-adopted, passed d approved this 28'6 day of MEMO L Kathryn S:. ity Clerk Ifelen Kahn ru , or SPA1, 'APPROVED , 't TO FORM: rod o.... o tomey 532933 Paai it 01g02/2007f 04105 Y CO R 5g.00 JANICE K VOS CAUDILL PITKIN COUNTD 0.00 City Council Ordinance No. 26, Series of 2006 f 53092 Page: I of 7 i I JAN 1 ICE �I K VOS CAUDILL. PITKIN COUNTY CO R 36.00 3/141) 000009:3bt Exhibit 8 NOTICE OF APPROVAL For An Insubstantial Amendment to the Boomerang Lodge Redevelopment Planned Unit Development, An Amendment to Ordinance No. 26 Series of 2006 Parcel ID No. 2735.124.49.002 APPLICANT: Aspen FSP-ABR, LLC 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 Boomerang Lodge Redevelopment PUD, Ordinance AMMENDMENT: No. 26, Series of 2006 re. Height and Average Lodge Unit Size SUMMARY & STAFF EVALUATION: On behalf of Aspen FSP — ABR, LLC, Reno — Smith Architects, represented by Augie Reno, has applied for an Insubstantial Amendment to the Boomerang Lodge Redevelopment PUD, Ordinance No. 26, Series of 2006 The Applicant proposes an amendment to change the allowed 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 41h 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 staff's 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 535392 �j Page: 2 of 7 1 l I 03/]4 0• JANICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 DZ0.0009'36f proposal keeps the unique original pool, original meeting/breakfast 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 nol fractionalized, and rooms can not be occupied for more than 30 consecutive days.) In order to amend a specific provision of the ordinance that approved the PUD originally, a PUD Amendment must be approved. Staff supports the proposed amendment because these are technical in nature and arc 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 final PUD plans. APPROVE��. Y: �u l ChAs Bendon Community Development Director I / I -i-10-+ - Date Attachments: Exhibit A - Review Criteria Checklist Exhibit B - Letter of Request from Reno -Smith Architecture, dated December 4, 2006 `A 0 i i 535392 Page: 3 of 7 II I� 03/14/ 20 JANICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 U 0.80 9.36E 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: The proposed amendment does not change the use or character of the development. Lir The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. lr 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. C" The proposed amendment does not reduce required pavement widths or rights -of - way for streets and easements. 5d% The proposed amendment does not increase the approved gross leasable floor area of 1 commercial building by greater than two (2) percent. E The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. The proposed amendment will not enact a change which is inconsistent with a condition or representation of the project' s original approval or which requires granting a variation from the project' s approved use or dimensional requirements. i 0 �i�'l,� I F, AUGUST I ! 535392 REND 11 Page: 4 of 7 AIA ll ii (ll ill 03/ 4 1 /2007 09.369 l i l i JANICE K vo9 CAUDILL PITKIN COUNTY CO R 36.00 D 0.00 SCOTT SMITH AIA December 4, 2006 Mrs. Joyce Allgaier ` City of Aspen 4 Community Development Department 130 South Galena Aspen, CO 81611 RENO - SMITH ARC:III'IEC:TS. L.L.C. 111 RE: Boomerang Lodge Insubstantial Amendment to the PUD agreement 605 W. MAIN STREET Dear Joyce, NO 002 ASPEN We have two (2) issues we respectfully request be considered as an C.OLORADO insubstantial amendment to the PUD agreement. 81611 The first issue is a request that a portion of the fourth (41h) floor 970.925.5968 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 FACSIMILE 470.925.5993 height restriction at 35'-6". EMAIL Our reasons for this request are twofold. The first reason is that officcOrenosmith.com with the current height restriction of 34'-6" we are unable to provide minimum ceiling heights of T-6" as required by the International Building Code. As currently designed, we have ceilings that are just below T-0". 0371 $OUTHSIDE DRIVE The other reason for our request has to due with the required BASALT structure and insulation for the roof of the fourth (4`h) floor. We allowed COLORADO for 12" of structure and insulation in our original design and come to find 81621 out that we actually need 18" for this assembly. 970.927.6834 The additional 12" in height restriction (35'-6") would allow us to FACSIMILE comply with minimum ceiling heights and would enable us to provide the 970.927.6840 necessary structure and insulation for the fourth (41) floor roof. Don will get you the plans. Attached are the original and revised rooi'plans. DEC 1 1 Z006 E3�111 A1r 1Flt,�47'�F t 0 111111 535392 ! Page: 5 of 7 loll 11111111111111111111111111111111 03/14/2007 B36t JANICE K VOS CAUDILL PITKIN COUNTY CO R 35.00 D 0.00 The second (2"d) issue relates to the average room size for the hotel units. The approved average hotel unit size was 501. We request that this average be increased to 521 (a 4% increase). During the approval process we eliminated the proposed third (3rd) floor at the Eastern historic section of the building. This elimination reduced the hotel unit count by five (5) units. We eliminated the stairwell at this portion 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 PUD Agreement recorded mid -January 2007. We hope to have this insubstantial amendment request as part of the record. Thank you for your consideration and help. Respectfully Yours, kAA- August . Reno, AIA cc: S. Stunda S. Vann T. Adams D. Shi S. Smith DEC�i�..„ BwE'�r r.r' ri^ d� Bo .a✓aav A ✓ilw • ururrvvci 4444 ass""i `1 I ... a e� sa M rom N rat -- O� 0 6 O _ l O� ern ` of Y_ �¢ ~ tL ku O g xC += Q w a � J Q ` r / L-Jy W 13 o � p rl K 1 0 1 1 i 1 I I I 1 I 1 , I 1 � :�y - O r - � i• rl �( C3C: � A 1 \ 1 ♦ 1 ♦ 1 ♦ f \ \ 1 \F , ' L---------- , < u_ m l . tL O o , nZ � n <w �$ ui rj 31 L_______________ -L------J n n B 4 ^ O V m n �o M o� O B M ir 1 U 0 80 "-m � z f t -�Y a z W v W tu n m fv � W a < O ryt� m a to O m tL W dJ a c� s i f N Q D S) D J W V I D m r, m m O O O II O W W W J W a < rc oWc a < rc < < < O < O o 0 o to < H 0 �1 •', rf y ice. • - '. r.rc, a t t+� i• � +r Ast,rrr Histur�pl Suciety�'.•�,•� _ + j��, �7 � � �-• �i q� :. N• Aspen}Hickory_HOuse w ' t.04" � bLNL '• nANSI'OHI �� 7 A s n Je,vi umtr j J Ma,,n SL nter C .gib 1«f A ;pr } r• Ik r Google "MLZA I .......... _ - -- I( J j -- - -- C7 --?-fit vt-, IF L-I'LIL t , Y�'4{J [ _ l 5 •* i r i5 1 ,. I14ft - .>= :i 17 -. _t•i _ s`. p' t , o KEYS UNITS ® FRONT PORCH 21 LODGE UNIT FLOOR AREA 9.11 ' _ _ FREE MARKET FLOOR ®DECK AREA % O et) AREA ® BUILDING OVERHANG / Ljj AFFORDABLE FLOOR AREA 1 AREA ® UNCONDITIONED TRA5H ® NON- UNIT FLOOR AREA ENCLOSURE AREA _ ,, II MAY 2 4 II. { , C'ITY dv- KEY - THE WAII.FST INDEPENDENT RENTABLE LMVL40N AVAILABLE FOR A LODGE GUEST. I LEVEL 2 FAR_ UNIT - THE LARGEST AGGREGATION OF KEYS INTO A SINGLE z-m�a � - RENTABLE DIVISION AVAILABLE FOR A LODGE GUEST. ;C) COPYP.IG R.��R ORIGIN.AI. I'I:��r�,a u KEYS UNITS KEYS UNI l FIRST FLOOR 19 16 19 9 SECOND FLOOR 20 15 21 II TI IIRD FLOOR 8 7 7 3 FOURTI I Fl:'�OR 0 0 0 0 TOTAL. 47 39 �7 23 O'BRYAN PARTNERSHIP, IN ARCHITECTS -A.I.A. PUNNING. 620 ALN Sneer, Suhe E Frisco, CO E0447 7e1: 970.660.11 JJ Fu: 970.fi6E.2316 Revisiax: PRGi'>rRE55 SET Cl ID!J5 PROGRESS SET 08.03 6 I=ROGRE95 SET ®8.18.t5 pE Q-f 1 T SET 0901.15 Date: c>.�e_ Project No� 258100 Drawn by: Checked by: <:FLOM AREA Z-018 FLOOR Ok'l(,I\AL PROPOSED KL)S UNITS KLYS UNITS FIRST FLOOR 19 16 19 9 SECOND FLOOR 20 16 21 II TI IIRD FLCXDR 8 7 7 3 1 OLIRTI I H,C)OR 0 0 0 0 7 I U 47 1 39 1 47 1 ? 3 KEY - THE SMALLEST INDEPENDENT KENTABLE DIVISION AVAILABLE FOR A LODGE GUEST. UNIT - THE LARGEST AGGREGATION OF KEYS INTO A SINGLE KENTAB3LE DIVISION AVAILABLE FOR A LODGE GUEST. I LEVEL 3 FAR KEYS UNITS T ® LOD6E UNIT FLOOR AREA 3-7 ra FREE MARKET FLOOR 3 AREA E4 AFFORDA5LEFLOOR AREA ® NON- UNIT FLOOR AREA ® FRONT PORCH ® DECK AREA WILDIN6 OVERHANG ® AREA UNCONDITIONED TRASH ® ENCLOSURE AREA RECEW MAY 2 4 2017 C'BRYAN PARTNERSHIP, INC. ARCHITECTS - A.I.A. ARCHITECTURE, PUNNING, INTERIORS ►. 0. !ox Ina 620 Mar, Suen, SWk a Frisco, CO 80443 Tel: 970.66a.1133 F— 970.6611.2316 Revisiom: PROGRESS SET O12U5 PROGRESS SET m8ID3J5 PROGRESS SET 06.18.15 PEIZ"IT SET 05.Z Date l Project NO: 2581ID6 Drahn by Checked by: <,^_. Z-019 FLOOR AREA MCULAT10N5 FLOOR ORIGINAL PROP SED KEYS UNITS KEYS UNITS IIRS I II.C\-)R 19 I6 19 9 SLCOND FLOOR 20 16 21 II I I IIRI) I LC\-)R 8 7 7 3 FOUItTI I FLOOR 0 0 0 0 1TOTAL 47 39 1 47 1 ?3 KEY— THE SMALLEST INDEf ENDENT RENTABLE DIVISION AVAILABLE FOR A LODGE GUEST. UNI I — 1 HE LARGEST AGGREGATION OF KEYS INTO A SINGLE RENTABLE DIVISION AVAILABLE FOR A LOW1 GUEST, LEVEL 4 FAR Zi i3"- 7- KEYS UNITS ® LODGE UNIT FLOOR AREA ® FREE MARKET FLOOR 2 AREA ® AFFORDABLE FLOOR AREA ® NON- UNIT FLOOR AREA ® FRONT PORCH ® DECK AREA ® BUILDING OVERHANG AREA ® UNCONDITIONED TRASH ENCLOSURE AREA RECEIV ER MAY 2 4 2017 C' TY OF h,SPth C044-' ;STY DFIELOPW &BRYAN PARTNERSHIP, INC. ARCHITECTS - AAA ARCHITECTURE, PLANNING, INTERIORS P. O. Box 2773 620 Main st—L Suits a Frisco, CO EW43 Tel: 970.666.1133 Fax, 970.66E.2316 W V 0 0 J V Z CW 0 0 m W r Z co Q8 z� z le (L 0 0 0 3a Revisions: PRIG-c c.. �-- 082a3 PRO82_55 08.18.15 pcq7 cF- > Date: Project No: 2581Za Drawn by:< - Checked by K C Z-020 FLOOR AREA MCULAMM Aspen Historical Society `��Br v "� t . • ` �^ A,pan Hlrknry.Hnu r t t► .t,5 + ,�, • ,.�r' � .„ +� Oiift� fit•' \'�9 ORT ASWJewt omtstitn'ty- ) _ • A3xUr.,• .; C—ler- G do/Aspen r q.. A. `i r _Y t t . �M 441 t-� . • r" Land Title G.UA"wree edwrAW —,Se'ricr f9457---- Land Title Guarantee Company Estimate of Title Fees RECEIVED MAR 3 0 2017 cirr OF ASPEN Carrr W&oraNr Order Number: ABC62008243 Date: 03-29-2017 Property Address: 500 W HOPKINS AVE, ASPEN, CO 81611 Buyer/Borrower: ME ASPEN VENTURE ONE, LLC, A COLORADO LIMITED LIABILITY COMPANY Seller: ASPEN FSP- ABR, LLC, A DELAWARE LIMITED LIABILITY COMPANY Visit Land Title's website at www.itac.com for directions to any of our offices. Estimate of Title Insurance Fees ALTA Owners Policy 06-17-06 Deletion of Standard Exception(s) Tax Certificate If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing Total THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABC62008243 Customer Ref -Loan No.: Property Address: 500 W HOPKINS AVE, ASPEN, CO 81611 1. Effective Date: 03-20-2017 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: ME ASPEN VENTURE ONE, LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ASPEN FSP- ABR, LLC, A DELAWARE LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: BOOMERANG LODGE SUBDIVISION/PUD, ACCORDING TO THE PLAT RECORDED MARCH 21, 2007 IN PLAT BOOK 83 AT PAGE 3. COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2017 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. kiv\A�C� ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: ABC62008243 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. RELEASE OF DEED OF TRUST DATED JUNE 28, 2013 FROM ASPEN FSP- ABR, LLC, A DELAWARE LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF EAGLEBANK TO SECURE THE SUM OF $4,000,000.00 RECORDED JULY 01, 2013, UNDER RECEPTION NO. 600784. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED NOVEMBER 02, 2015 UNDER RECEPTION NO. 624565. 3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR ASPEN FSP- ABR, LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED JULY 01, 2013 AT RECEPTION NO. 600783 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES BROWN REALTY MANAGER, INC. A DELAWARE CORPORATION, ITS MANAGER, BY TIMOTHY M. GISRIELAS VICE PRESIDENT, AND FOUNTAIN SQUARE PROPERTIES, LLC, A VIRGINIA LIMITED LIABILITY COMPANY, ITS MANAGER, BY DAVID W. FAEDER AS MEMBER AND MANAGER AS AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 4. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR ME ASPEN VENTURE ONE, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 5. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF ME ASPEN VENTURE ONE, LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 6. SPECIAL WARRANTY DEED FROM ASPEN FSP- ABR, LLC, A DELAWARE LIMITED LIABILITY COMPANY • • ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: ABC62008243 The following are the requirements to be complied with: TO ME ASPEN VENTURE ONE, LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. 7. LAND TITLE GUARANTEE COMPANY HAS RECEIVED AN IMPROVEMENT SURVEY PLAT FOR THE SUBJECT PROPERTY PREPARED BY SGM, JOB NO. 2015-308004, DATED JUNE 09, 2015, AND RECORDED SEPTEMBER 29, 2015 AT RECEPTION NO. 623681 THAT IS ACCEPTABLE TO THE COMPANY. *** IN ADDITION, A SURVEY AFFIDAVIT, EXECUTED BY ASPEN FSP- ABR, LLC, A DELAWARE LIMITED LIABILITY COMPANY, IS NECESSARY INDICATING THAT THERE HAVE BEEN NO NEW IMPROVEMENTS, EASEMENTS OR BOUNDARY CHANGES SINCE THE DATE OF SAID IMPROVEMENT LOCATION CERTIFICATE/SURVEY AND THAT THE IMPROVEMENTS SHOWN ON SAID IMPROVEMENT LOCATION CERTIFICATE/SURVEY HAVE NOT BEEN ALTERED SINCE THE DATE OF SAID IMPROVEMENT LOCATION CERTIFICATE/SURVEY. *** NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS WILL BE DELETED FROM THE OWNER'S POLICY UPON RECEIPT OF A SURVEY AFFIDAVIT UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ASPEN FSP- ABR, LLC, A DELAWARE LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ME ASPEN VENTURE ONE, LLC, A COLORADO LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2016 TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2017 AND SUBSEQUENT YEARS. NOTE: ITEM 8 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF FROM THE OWNER STATING THERE ARE NO LEASES OR TENANTS ON SUBJECT PROPERTY. I NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES AND/OR ENDORSEMENTS. THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE UNDERWRITER TO ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED. THIS NOTE WILL BE DELETED UPON THE RECEIPT OF SAID APPROVAL. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABC62008243 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 9. RESERVATIONS AND RESTRICTIONS AS CONTAINED IN DEEDS RECORDED JANUARY 3, 1888 IN BOOK 55 AT PAGE 378 AND RECORDED JULY 30, 1889 IN BOOK 55 AT PAGE 576 PROVIDING, "THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS, AND PROVIDED FURTHER THAT THIS DEED IS MADE AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN THE REVISED STATUTES OF THE UNITED STATES." TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #2, SERIES 1997 TO REZONE SPECIFIC PROPERTIES RECORDED SEPTEMBER 03, 1997 AT RECEPTION NO. 407979. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #8, SERIES 1997 GRANTING A VARIANCE RECORDED SEPTEMBER 23, 1997 AT RECEPTION NO. 408741. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JUNE 29, 2005, UNDER RECEPTION NO. 511777. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABC62008243 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 10. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #18, SERIES OF 2006 RECORDED AUGUST 04, 2006 AT RECEPTION NO. 527141. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 6 RECORDED MAY 16, 2006 AT RECEPTION NO. 525368. 11. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #26, SERIES OF 2006 RECORDED JANUARY 02, 2007 AT RECEPTION NO. 532933. 12. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED JANUARY 30, 2007 AT RECEPTION NO. 533921. 13. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED MARCH 14, 2007 AT RECEPTION NO. 535392. 14. TERMS, CONDITIONS AND PROVISIONS OF REVOCABLE ENCROACHMENT LICENSE RECORDED MARCH 14, 2007 AT RECEPTION NO. 535393 AND RECORDED MARCH 21, 2007 UNDER RECEPTION NO. 535626 AND RECORDED MARCH 21, 2007 UNDER RECEPTION NO. 535627. 15. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION/PUD AGREEMENT RECORDED MARCH 21, 2007 AT RECEPTION NO. 535628. 16. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #16, SERIES OF 2007 RECORDED JULY 30, 2007 AT RECEPTION NO. 540468. 17. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON THE FINAL PLAT OF THE BOOMERANG LODGE SUBDIVISION/PUD RECORDED MARCH 21, 2007 IN PLAT BOOK 83 AT PAGE 3. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 22 RECORDED DECEMBER 22, 2010 AT RECEPTION NO. 576133. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 4 RECORDED MARCH 03, 2011 AT RECEPTION NO. 578041. 18. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 80 RECORDED AUGUST 21, 2012 AT RECEPTION NO. 591519. TERMS, CONDITIONS AND PROVISIONS OF INSTRUMENT RECORDED OCTOBER 01, 2012 AT RECEPTION NO. 592720. 19. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT CERTIFIED DECEMBER 22, 2016 PREPARED BY SGM, JOB #2006-308.005: A. PUMPHOUSE SITUATED PARTIALLY IN 5.0' FRONT YARD SETBACK. B. WALL SITUATED PARTIALLY IN 4.25' SIDE YARD SETBACK. SAID SURVEY STORED AS OUR ESI 31379387 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, Land Title LAND TITLE GUARANTEE COMPANY- GRAND JUNCTION, fA *AV ANIf t C$1 V. PANY LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY —Jimt o9k7— LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land Title I.'. ,M.. V , c t < I'v e-AN1 DISCLOSURE STATEMENTSNote: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. 0 Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, * upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A * and B and to the Conditions of this Commitment. * This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. ff the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.orQ. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Tide Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule Ato be valid when countersigned by a validating officer or other authorized signatory. Issued by: t , , , , Old Republic National Title Insurance Company Land Tile Company 4 OtSecondAvenueSouth 3033EastFksAvenueompany ONPLTIT�F��.�� Suite 600 A, �` JG'� Minneapolis, Minnesota 55401 Denver, Colorado 80206 Q * '612,371-1111 303-321-1880 O _ m Mark Bilbrey President Jdn E. Freya, i '• °•�d * * * a�0 �: Reeldad rirrrtttt�� n.na. v..y.. seus�ary AMERICAN LAND TITLE ASSOCIATION Jennifer Phelan From: Jennifer Phelan Sent: Wednesday, March 29, 2017 4:25 PM To: Chris Bendon (chris@bendonadams.com) Subject: Boomerang App. Hi Chris: I'm just about to run out the door and will be back on Monday. I looked over the Boomerang application and we need proof of ownership the FSP-ABR LLC is the owner of the property. Ben G's letter just noted that the property is under contract. Maybe Mike H. will be the easiest way to get the proof done? Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. External Media Located Here M-01 63 1 9 RMMI