HomeMy WebLinkAboutcoa.lu.gm.500 W Hopkins Ave.0028.2017.ASLUPATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PROJECT ADDRESS
PARCEL ID
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0028. 2017.ASLU
500 W HOPKINS AVE
2735 124 49 002
HILLARY SEMINICK
GMQS
BENDON ADAMS
5.26.17
CLOSED BY ANGIE SCOREY 1.17.18
Permits
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Address 1500 W HOPKINSAVE Apt/Suite
City: 1ASPEN state zip 1,31611
on
Masterpermit Routing queue Applied 04iOE42017 7]
Prodecti Status [Pell ding Approved
Descripton APPLICATION FOR BOOMERANG GMGSAMENDMENT Issued
Oosed/Final
submitted B E N DO N ADAM S 925 2955 Clock Days Expires 0 --Y31,201 8
Submitted via
Owner
ASPEN VENTUR 500 WEST HOPKINS AVE
Lastname Fk1-C—)1—'VrrMONDT, MANGER, I � I First nameF ASPEN CO 91611
Phone 1(973) 487-1800 Address
Owner is applicant? E] Contractor is applicant?
ASPEN VE NTU RE S 1 � LLC 500 WEST HOPKINSAVE
Last name I ERIC WrTMONDT, MANGER, I, First nameF ASPEN CO 81611
Phone 1(973'1 4S7-1 800 ::::�] Cust 130614 Address
Email
Lender
Last name First name
Phone Address
-oo &P'rJ-' -
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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 modifiedproject?
3. Can the reconstruction rights carryforward into a modified project?
Histo
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.
111111111111111111111111111111111111111111111 IN III 1111111111111111111111111111111111111 Page I of 3
RECEPTION#: 638633, R: $43.00, D: $0.00
DOC CODE: APPROVAL
Pg 1 of 7, 05126/2017 at 11:01:14 AM
Janice K. Vos Caudill, Pitkin County, CO
ow Iwo,
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 pen -nit became null and void. A vested rights extension for three years was granted in
August 9, 2009, extending the vesting period to October 20th , 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 pen -nit (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 carryforward into a modifiedproject?
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. 26.470.150.13 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. 26.445.1 10.A, Insubstantial Amendments,
are met. An insubstantial amendment would not ftmdamentally change the project or require any
variations from underlying zoning; therefore, the GMQS allotments and reconstruction credit
Page 2 of 3
1%W -vmwr
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:
Ci- . / WAZV\I) N! 701-=�
JsWsica Gdtow, 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
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CALCLILATK"
Janice K. Vos Caudill Transaction Receipt
Pitkin County Clerk and Recorder Print Date: 05/26/2017 11:01:20 AM
534 East Hyman Avenue COUNT4� Transaction #437557
Aspen, CO 81611 Transaction 'rype: Recording
(970)429-2716 Receipt #2017002774
Cashier: Patty Nadon
Cashier Date: 05/26/2017 11:01:14 AM
Number of Documents Recorded: I
Reception#638633 - APPROVAL - 7pg(s) Recording Surcharge: $3.00 � $43.00
(Y
Recordin., Fee: $40.00
Total Fees $43.00
Payment Received: Check # 1144 $43.00
Change $0.00
Presented by:
BENDONADAMS LLC
300 S SPRING ST
ASPEN, CO 81611
cm
CM
March 24, 2017
Ms. Jessica Garrow, AICP
Community Development Director
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RECEIVED
MAR 2 7 2017
CITY OF ASPEN
CNWXT� W&OPWNT
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 BenclonAdams 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
En
cm
Boomerang Lodge
Insubstantial GIVlQS 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
'4111111111",
cm
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
r_
2
1�
.2
CL
May 2005 thru Feb. 2007
Free -Market
Residential
kunits)
Affordable
k"astdantiall
Commercial
(square feet
net leasable)
Lodge
(pillows)*
Growth Ceiling
4,906
�z 428
1,830,000
11,160
2005 Development
3,774
1 �BOS
1,408,804
8,583
Burlingame Ranch/BarX
Ranch (pre-GIMOS Ordinance
but not previously counted)
12
97
0
0
Obermeyer Place (pre-
GMQS Ordinance but not
p—tously counted)
22
22
0
0
616 West Main Historic
Landmark change -in -use
1
0
0
Hannah Dustin
mixed -use
2
Al
2,440
0
Luneute Lodge
Redevelopment
Is
777
0
0
30
Boomerang Lodge
Redevelopment
6
0
40
410 South West End
0
0
0
306 South Garmisch
0
2
0
0
Lift One Condominiums
0
1
0
0
-7T=as Hopkins Ave.
0
3
0
0
Jewish Community
Center
0
0
0
7051 Ute
2
J
0
0
625 E. Main (Stage 3F
—5
—,S
767
0
201 N. Mill (Jerome
Professional)
6
3,305
0
307. S. Spring
(Wienerstube)
6
12
10,5�8
0
Lodge 9 Aspen Mtn.
0
�g
20,088
114
725 E. Durant
0
4
0
0
___7TffugglerAH
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32
0
0
Expected T ta
Development1l
(5!5
1 '10, 1
37,128
1 84
under ceitingl
1,067
1 718
1 384,068 _�2�
393
* - lw,, nill� assurned at 2 plUms per unit
An amendment made in response to City Council Source City ofAsen Coranunity D—loprnalt Dlpartrnant
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
on
M
Boomerang Lodge
Insubstantial GMQS Amendment
Review Criteria
The City of Aspen Land Use Code Section 26.470.150.A provides the following criteria for an
Insubstantial Amendment to a growth management development order:
An insubstantial amendment to an approved growth management development order may be
authorized by the Community Development Director if:
1. The change conforms to all other provisions of the Land Use Code and does not exceed
approved variations to the residential design standards, require an amendment to the
commercial design review approval or such variations or amendments have been
approved.
Response — This request does not amend the Project. The applicant must modify
the vested approvals to create a project which is viable in today's marketplace.
Those changes will include changes to the way lodge units are arranged, the way
lock -off units are configured, possibly internalizing some external accessways and
updating some architectural elements. These changes are not part of this
insubstantial growth management amendment request and, if pursued, will be
submitted as a separate land use application.
2. The change does not alter the number, size, type or deed restriction of the proposed
affordable housing units, or those changes have been accepted by the Aspen/Pitkin
County Housing Authority.
Response — This request does not change the number, size, etc. of the affordable
housing units. Two 1-bedroom Category 2 rental units are planned within the
Project.
3. The change is limited to technical or engineering considerations discovered prior to or
during actual development that could not reasonably be anticipated during the review
process or any other minor change that the Community Development Director finds has
no substantial effect on the conditions and representations made during the original
project review.
Response — This application does not alter the Project or its obligations or
representations.
Conclusion
The current owner has continued to pursue the Project in earnest and has made substantial
investment in reliance on the approvals. Development of complete engineering and construction
plans for City review and the ongoing responses to technical considerations will require a
300 SO SPRING ST 1 202 1 ASPEN, CO 81611
970.925.2855 1 BENDONADAMS.COM
NOW
CM
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,
10
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
*ftoe Nftf Exhibit 1
ATTACHMENT 2 — LAND USE APPLICATION
PROJECT:
Name: Boomerang Lodge GMQS Amendment
Location: 500 West Hopkins Avenue Rk A R 2 7
Parcel ID #(REQUIRED) 2735-124-49-002
Clrrvv-
OLPPLICANT- VqNW_A&_1%1
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:
BenclonAclams
Address:
300 So. Spring St. #202; Aspen, CO 81611
Phonet
(970) 925-2855
GMQS Exemption
GMQS Allotment
Special Review
ESA-804OGreenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
Commercial Design Review
= Residential Design Variance
= Conditional Use
Conceptual PUD Temporary Use
Final PUD (& PUD Amendment)
Subdivision
= Conceptual SPA
Subdivision Exemption (includes
Conclominiumization)
Final SPA (&SPA
Lot Split Amendment)
Lot Line Adjustment Small Lodge Conversion/
Expansion
V Other:GMQS insub. ame
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
Lodge approved via Ordinance 26, 2006. 47 lodge keys, 5 free-market residences, 2 aff—o—rZI—abTe Fresidences
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.
ave vou attached the followine? FEES DLUJE:!q 325
Pre -Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards
Mna 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.
*4w' RETAIN FOR PERMA14ENT ��ORD
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City") and
Property Eric Witmondt, Manager, ME
Owner ("I"): Aspen Ventures One LLC
Phone No.: Eric.Witmondt@woodmontproperties.
Email: 973.487.1800
Address of Billing rric mLrnUnUL
Property: 500 West Hopkins Avenue; Address: c/o Woodmont Properties
(Subject of Aspen, CO 81611 (send bills here) Greenbrook Executive Center
mnn1irmfinnI 100 Passaic Avenue, Suite 240
0
rn
.v* 0
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: "" r,
Name: Eric Witmondt
Manager, ME Aspen Ventures One LLC, a
Title: Colorado Limited Liability Company
lomw I*W
Exhibit2
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Jessica Garrow, 970.429.2780 DATE: 2/21/17
PROJECT: 500 W Hopkins, boomerang Lodge
REPRESENTATIVE: Michael Hoffman
TYPE OF APPLICATION: Growth management quota system insubstantial amendment
DESCRIPTION:
The Boomerang Lodge was approved in 2006 for a redevelopment. The project's vested rights expired in
August of 2016, but the project remains active under an active building permit. The project is subject to
changes in the land use code, as statutory vested rights have lapsed. The applicant is interested in
understanding the effect this has had on the growth management allotments, and is requesting an
insubstantial GMQS amendment to memorialize the growth management allotments. As this property
falls outside the current moratorium area, an application may be made at any time.
Below is a link to the Land Use application form for your convenience.
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning
Follow link below to view the City of Aspen Land Use Code
htt-a://www.aspenpitkin.com/Dei)artments/Communitv-Develor)ment/Plannina-and-Zonina/Title-26-
Land-Use-Code/
Land Use Code Section(s)
26.304 Common development review procedures RECEIVED
26.470 Growth Management Quota System MAR 2 7 2017
Review by: Community Development Staff for complete application CITY OF ASPEN
COW"TY DMLOMNT
Public Hearing: None
Planning Fees: $325 deposit. Additional time over (10) hours will be billed at $325 per hour.
Total Deposit: $325
To apply, submit the following information:
0 Completed Land Use Application and signed fee agreement.
0 Pre -application Conference Summary (this document).
0 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
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contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for
the Development Application.
0 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.
0 HOA Compliance form
0 Written responses to all review criteria. As well as a narrative of the request.
0 A copy of previous growth management approvals, including information on the type of
allotments granted and the year those allotments came from.
0 An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
0 1 Complete Copy. If the copy is deemed complete by staff, the following items will then
need to be submitted:
0 Total deposit for review of the application.
0 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.
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14"W"
ExhibA
420 East Main Street, Suite 200
genshaft cramer. Aspen, CO 81611
ASPEN I PALM BEACH
Tel: (970) 925-9450
Fax: (888) 266-0103
www.genshaftcramer.com
March 23, 2017
V7A 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
01M
EM."A
Aspen FSP-ABR, LLC
c/o Alex. Brown Realty, Inc.
300)E�ombard Street, Suite 1200
---1/13altitnore, Maryland 21202
Ms. Jessica Garrow, AICP
Community Development Director
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
March 24, 2017
Exhibit3.1
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
Hoffinan, at (970) 544-3442 or nihoffinanQ
,emhlaw.net.
Sincerely,
ASPEN FSP-ABR, LLC,
a Delaware limited liability company
By: BROWN REALTY MANAGER, INC.,
a Delaware corporation, its Manager
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By:
Name
Title. Lawrence E. Collins
Vice Presklent
FounWn Sqwe'Properties, LLC, a Virginia
limited WITIN'bUftanWits Manaver
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March 24, 2017
Ms. Jessica Garrow, AICP
Community Development Director
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: Boomerang Lodge
600 West Hopkins Avenue; Aspen, CO.
Ms. Garrow:
Exhibit 4
MAR 2 7 2017
CITY OF ASPEN
ca"XTY MYROW
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
Eric ondl
Manager
ME Aspen Ventures One LLC,
a Colorado Limited Liability Company
Etic.WitmondtQwoodmontproperties.com
973.487.1800
300 SO SPRING ST 1 202 1 ASPEN, CO 81611
970.925.2855 1 BENDONADAMS.COM
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cm
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 b
the prnpyty owner or Attomey rexwenhnq the property owner
Name: tric witmonat
Propefty Manager, ME Asoen Ventures One LLC
OwneT M: 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)
0 This property is not subject to a homeowners association or other form of private covenant.
El 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.
F1 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 Dublic doe
gument.
L F__ 7 1
Owner signature- date,--3/z-
Owner printed name:
12
Attorney signature:
Attorney printed name -
Eric Witmondt
Manager, ME Aspen Ventures One LLC, a
Colorado Limited Liability Company
date�__
Pft M.-
I(ECS,
RAR a VED
C/ 7�)' 272017
-4464�0F'4'3 �EN
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Now
Resolution No. 18
(SERIES OF 2006)
REP-EIVED
N"1001
MAR 2 7 2017 Exhibit6
CITY OF ASPEN
1N*W_y0MMWNT
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
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from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950;
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Reston, VA 20190; represented by Sunny Vann of Vann Associates, requesting approval
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of six (6) free-market residential growth management allotments, two (2) affordable
housing growth management allotments, eighteen (18) lodge growth management
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allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay,
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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 3 1, City and Townsite of Aspen, Pitkin
County, Colorado; and,
WHEREAS, the site currently contains 34 hotel units in a structure of
approximately 23,000 square feet of Floor Area and surface parking located primarily
within the public nights -of -way. The proposed development includes 52 hotel units, 6 firee-
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market residential units, 2 affordable housing units, a 31 -space underground parking
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facility, and 17 surface parking spaces in a structure of approximately 5 1,000 square feet of
Floor Area as defined by the City of Aspen; and,
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WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Building
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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 I
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 Develovment Plan
The Planning and Zoning Commission, pursuant to Chapter 26.480, 26.310, and 26.445 —
Subdivision, Rezoning, and Planned Unit Development, respectively — hereby recommends
City Council grant Subdivision approval, rezoning for a Planned Unit Development
Overlay, and Planned Unit Development Final Development Plan approval to the
Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter.
Section 3: Proiect Dimensions
The following approved dimensions of the pa&ct shall be reflected in the Final PUD Plans
Dimension
Minimum Lot Size
Proposed Development
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 nn ast side,
Planning and Zoning Commission Resolution
No. 18, Series of 2006 Page 2
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Pedestrian Amenity Space
Floor
Total
19%
Area:
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 26% of total project
Affordable Residential
.05:1 1,452 s.f.
Section 4: Trash/ReeyclinL) Area
The applicant is encouraged to make sure that the trash storage area has adequate wildlife
protection and to make sure recycling containers are present wherever trash compactors
or dumpsters are located due to the City's new recycling ordinance requiring haulers to
provide recycling in the cost of trash pick-up.
Section 5: Affordable HousinLy
The applicant shall provide two Category 2 aff
ordable housing units as depicted in the
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application dated December 30, 2005, These units shall be considered full mitigation for
the development proposed in said application.
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A Certificate of Occupancy for the Boomerang Lodge Redevelopment project shall not be
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issued until such time as Certificates of Occupancy for the deed restricted affordable
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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
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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
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such that an undivided 1/10th of I percent of the property is deed restricted in perpetuity to
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the Aspen/Pitkin County Housing Authority; or until such time the units become ownership
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units; or the applicant may propose any other means that the Housing Authority determines
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acceptable.
The affordable housing units shall be deed -restricted as rental units but will allow for the
units to become ownership units at such time the owners would request this change and/or
at such time the APCHA deems the units out of compliance over a period of more than one
year. At such time, the units will be listed for sale with the Housing Office as specified in
the deed restriction at the Category 2 maximum sales price. At such time if the units
become ownership units, these units will establish an independent homeowners association.
, Section 6: Additional Trip Generation and PMIO Mitigation Plan
Planning and Zoning Commission Resolution
No. 18, Series of 2006
Page 3
�w wale
In order to reduce the impacts of additional trip generation and PM 10 generated by the
project, the project shall provide either: 1) a shuttle service for use by the owners/guests of
the residenccs/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:
I - 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:
I - 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 5'h 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
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5. An architectural character plan demonstrating the general architectural character and
depicting materials, fenestration, and projections.
6. Scaled floor plans of each level of the building depicting unit divisions.
7. A utility plan meeting the standards of the City Engineer and City utility agencies.
8. A grading/drainage plan, including an erosion control plan, prepared by a
Colorado licensed Civil Engineer, which maintains sediment and debris on -site
during and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2-year storm
frequency should be used in designing any drainage improvements. Off -site
improvement shall be done in coordination with the City Engineer.
9. An exterior lighting plan meeting the requirements of Section 26.575.150.
Section 8: Subdivision and PUD Aereement
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:
I . Revocable Encroachment agreements and licenses for physical improvements
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within public rights -of -way with reference to their locations depicted on the
Subdivision Plat.
2. In order to secure the performance of the construction and installation of
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improvements in the public rights -of -way, the landscape plan, and public facilities
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performance security shall include and secure the estimated costs of proposed
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right-of-way improvements.
3. A revocable license agreement to use portions of the Fourth Street right-of-way
for dedicated parking.
4. A license agreement to use any public rights -of -way, or portions thereof, adjacent
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to the project site for construction staging including a fee to use the land at a rate
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of $1.25 per square foot per month for the time period in which the land is to be
occupied for construction staging.
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Section 9: Impact Fees
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Park hnpLict Fees of $41,039 shall be assessed. Amendments to the Project or to the fee
schedule adopted prior to issuance of a building permit shall require a new calculation.
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The following fee total is based on the current proposal and fee schedule:
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Park Fees — Proposed Development:
52 Lodge Units (studio units) @ $1,520 per unit
=$79,040
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
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
2 three -bedroom units @ $3,634 per unit =$7,268
Total Credit ($59,523)
Total Park Impact Fee Due = $42,834
School Land Dedication Fees are assessed based on one-third the value of the
unimproved land divided by the proposed number of residential units on a per acre basis.
The applicant shall provide and the City of Aspen shall verify the unimproved land value
of the lands underlying the Project and determine the applicable dedication fee. The
subject subdivision is not conducive to locating a school facility and a cash -in -lieu
payment shall be accepted. Amendments to the Project or to the fee schedule adopted
prior to issuance of a building permit shall require a new calculation.
Other 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: Wa er Department
The applicant shall comply with the City of Aspen Water System Standards, with Title
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25, and with applicable standards of Municipal Code Title 8 (Water Conservation and
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Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of
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Aspen Water Department.
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Soil nails will not be allowed in the City ROW.
Section 11: Sanitation District Standards/Reguirements
The applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations, including the following:
I. Service is contingent upon compliance with the District's rules, regulations, and
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specifications, which are on file at the District office at the time of construction.
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2. Applicant's engineer will be required to give the district an estimate of anticipated
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daily average and peak flows from the project.
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3. A wastewater flow study may be required for this project to be funded by the
applicant.
4. All
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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
*W111 NO&W
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. 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
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downstream collection system or treatment capacity constraint. Additional
proportionate fees would be collected over time from all development in the area
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of concern in order to fund the improvements needed.
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Section 12: Pre -Construction MeetinL,,
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Prior to Building Permit Sub -mission, 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
9�— z
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,
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etc., and review the Building Department checklist,
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Section 13: Construction Management Plan
Prior to application for any Building Perm —it, Foundation Permit, Access Infrastructure
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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:
I - 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 afkcting 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
�W *04
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 infonnation of the general contractor. The City
encourages open communication between project representatives and the neighbors
such that day�-to-day issues can be resolved without involving the City.
4. A Fugitive Dust Control Plan which includes, but is not limited to fencing, watering
of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove
mud that has been carried out, speed limits, or other measures necessary to prevent
windblown dust from crossing the property line or causing a nuisance. For projects
greater than one acre in size a fugitive dust control plan must be submitted to the
Colorado Department of Public Health and Environment (CDPHE), Air Quality
Control Division.
5. Recycling facilities, in addition to trash facilities, for the period of construction.
W Section 14: Buildin2 Permit Reguirements
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A The building permit application shall include/depict:
1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use
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2. A letter from the primary contractor stating that the approving Resolution and
Ordinance have been read and understood.
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3. The conditions of approval shall be printed on the cover page of the building permit
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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
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including design specifications and profiles. All improvements shall comply with the
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ity's requirements for accessibility.
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> 6. A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan for approval by the City Parks Department.
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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 pen -nit. 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
On
1400,
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 Enviromnental 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-
rq way or utility easements.
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14. A construction site management and parking plan meeting the specifications of the
City Building Department.
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0.00 1. 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 pin, 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
UIV predicted high noise levels.
Section 16: Condominiumization
Condominiumization of the Project to define separate ownership interests of the Project is
hereby approved by the City of Aspen, subject to recordation of a condominiumization plat
in compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 17:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
Planning and Zoning Commission Resolution
No. 18, Series of 2006 Page 9
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:
DavTd Hoefer, As-st. City Altorney
ATTEST:
1�1 kie Lothian,4)eputy City Clerk
PLANNING AND ZONING
C ON;
Jasmine Tygre, Chair
CAhome\Currcnt Planning\CASES\Boomerang Lodge\Rcso.doc
527141
Page: 10 of 10
08/04/2006 10:231
JANICE K VOS CAUDILL PITKIN COUNTY CO R 51 .00 D 0.00
Planning and Zoning Commission Resolution
No. 18, Series of 2006 Page 10
Exhibit7
Ordinance No. 26
(SERIES OF 2006)
AN ORDINANCE OF THE CffY OF ASPEN CITY COUNCIL GRANTING
APPROVAL OF THE SUBDIVISION, PLANNED UNIT DEVELOPMENT,
VESTED RIGHTS, CONDOMINIUMIZATION, AND RE ZONING FOR A
PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT
OF THE BOOMERANG LODGE, 500 WEST HOPKINS AVENUE, CITY OF
ASPEN, COLORADO.
Parcel ID:2735.124.49.002
WHEREAS, the Community Development Department received an application
from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950;
Reston, VA 20190; represented by Sunny Vann of Vann Associates, requesting approval
of six (6) free-market residential growth management allotments, two (2) affordable
housing growth management allotments, 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
County, Colorado; and,
WHEREAS, the site currently contains 34 hotel units in a structure of
approximately 23,000 square feet of Floor Area and surface parking located primarily
within the public rights -of -way. The revised development includes 47 hotel units, 5 free-
market residential units, 2 affordable housing units, a 3 1 -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,
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City Council Ordinance
No. 26, Series of 2006 1 -
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WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during
a regular meeting on April 11, 2006, continued to May 2, 2006, continued to May 16,
2006, and continued to June 13, 2006, the 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
Develoyment Plan
Pursuant to Chapter 26.480, 26.3 10, 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.--Prolect Dimensions
The following approved dimensions of the project shall be reflected in the Final PUD Plans:
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City Council Ordinance
No. 26, Series of 2006 -2-
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Minimum Rear
5 ft.
0-2 ft.
5 ft. on north
Yard Setback
(second floor
balcony overhang 4'
5")
Maximum Height
25 ft. pitched roofs
30 ft. on alley
36' 6" feet
(set in PUD for
Lodging)
20-25 ft on east
maximum, roof
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
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Section 4: Trash/Recycline 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 Housine
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 I /I Oth 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.
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City Council Ordinance
No. 26, Scries of 2006 -3-
114W *W
The affordable housing units shall be deed-restrictcd 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 Mitigation Plan
ln 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 casements 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.
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City Council Ordinance
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3. A general sidewalk and curb improvements plan depicting a detached sidewalk with
planting buffer along both West Hopkins Avenue and North 5t" 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
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within public rights -of -way with reference to their locations depicted on the
Subdivision Plat.
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2. In order to secure the performance of the construction and installation of
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improvements in the public rights -of -way, the landscape plan, and public f 4cilities
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performance security shall include and secure the estimated costs of proposed
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right-of-way improvements.
3. A revocable license agreement to use portions of the Fourth Street right-of-way
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for dedicated parking.
4. A license agreement to use any public nights -of -way, or portions thereof, adjacent
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to the project site for constructi
of $1.25 per square foot per month for the time period in which the land is to be
occupied for construction staging.
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Section 9: impact Fees
Park IM �act Fees of $23,727 shall be assessed. Am endments to the Project or to the fee
schedule adopted prior to issuance of a building permit shall require a new calculation.
The following fee total is based on the current proposal and fee schedule and is subject to
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final calculation at the time of PUD Agreement acceptance:
Park Fees — Fees for Proposed Developme :
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 Existiniz 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-
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2 three -bedroom units @ $3,634 per unit =$7,268
Total Credit = ($59,523)
Total Park Impact Fee Due = $23,727
School Land Dedication 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-licu
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 Imp �ts Fe�es. 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/Reauirements
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.
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City Council Ordinance
No. 26, Series of 2006 -6-
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10. When new service lines are required for existing development the old service lines
must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements.
11. Below grade development may require installation of a pumping system.
12. Generally one tap is allowed for each building. Shared service line agreements
may be required where more than one unit is served by a single service line.
13. Permanent improvements are prohibited in areas covered by sewer easements or
right of ways to the lot line of each development.
14. All ACSD total connection fees must be paid prior to the issuance of a building
permit.
15. Where additional development would produce flows that would exceed the
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 eeting etween the following parties shall be
Prior to Building Permit Submission, a meeting b
conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner,
Community Development Engineer, City Engineer, Building Official/Plans Examiner.
The purpose of the meeting is to identify the approving ordinance and any amendments,
identify conditions of approval, discuss the Construction Management Plan, identify the
timeline for plat and PUD/SIA agreement recordation, identify the types of building
permits necessary and the development activities that can be conducted prior to' receiving
a building permit, review any critical timeline issues, review the steps and timing of the
building permit process, discuss responsibilities of all parties in getting permits, changes,
etc., and review the Building Department checklist.
Section 13: Construction 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:
I . 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-
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encourages open communication between project representatives and the neighbors
such that day-to-day issues can be resolved without involving the City.
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 flagitive 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: Buildin2 Permit Reguirements
The building permit application shall include/depict:
I .
A signed copy of the final P&Z Resolution and Council Ordinance granting land use
approval.
2.
A letter ftom 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 fo r 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 I of each) and unlimited numbers of
decorative gas fireplace appliances per building. New buildings may NOT have wood
burning fireplaces, nor may any heating device use coal as fuel.
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
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City Council Ordinance
No. 26, Series of 2006 -8-
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asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos
removal contractor must remove it.
11. A tree removal permit, as applicable.
12. A fugitive dust control plan approved by the Environmental Health Department which
addresses watering of disturbed areas including haul roads, perimeter silt fencing, as -
needed cleaning of adjacent rights -of -way, speed limits within and accessing the site,
and the ability to request additional measures to prevent a nuisance during
construction. The applicant 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 bow 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 casements.
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:
1. 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.
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City Council Ordinance
No. 26, Series of 2006 -9-
Section 16: Condominiundzation
Condominiumization of the Project to define separate ownership interests of the Project is
hereby approved by the City of Aspen, subject to recordation of a condominiumization plat
in compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 17: Historic Landmark 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 cast 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 18:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by other specific conditions.
Section 19:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 20:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof
Section 21:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy in the
office of the Pitkin County Clerk and Recorder.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26"' day of June, 2006.
ATTEST:
City Council Ordinance
No. 26, Series of 2006
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FI L .Y; adopted, passed d approved this 28th day of s 0 .
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Kathryn S:. ity Clerk elen Ka in ru , or
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'APPROYMD A'3 TO FORM:
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ygNICE K VOS CPUDILL PITKIN COUNTY CO R 58.90
City Council Ordinance
No. 26, Series of 2006
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03/14/2097 09:aSi
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NOTICE OF APPROVAL
For An Insubstantial Amendment to the
Boomerang Lodge Redevelopment Planned Unit Development,
An Amendment to Ordinance No. 26 Series of 2006
Parcel ID No. 2735.124.49.002
ExhibA
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 4 th 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 ftom 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 othersections, of the fourth floor were eliminated which reduced density
of -units and average size. The City Council had found that an adjustment to the "average
unit size standard" was acceptable because it met the review criteria of the Land Use
Code allowing such deviation. Staff also finds consistency with the criteria that allow this
amendment. They are as follows with staffs findings in italics:
• The average unit -size standard may be amended by a maximum of 20% to permit an
average units size of 600 square feet. (The proposal meets this standard.)
• The project includes a generous amount of non -unit space, amenities, and services
for guests of the lodging operation. This can be both internal and external. (The
%d
535392
Page; 2 of 7
11111111101111 03/14/2007 09:36c
JANICE K VOS CAUDILL PITKIN COUNTY CO R 36,00 D 0.00
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
loungel 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. (TJnits range in
sizefrom 3 70 to 900 squarefeet, and include multi -room suitesforfamilies.)
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
opportunityfor traveling guests. The lodge is notfractionalized, and rooms can not
be occupiedfor more than 30 consecutive days)
In order to amend a specific provision of the ordinance that approved the PUD originally,
a PUD Amendment must be approved. Staff supports the proposed amendment because
these are technical in nature and are for the purposes of clarifying and correcting the
calculation of average room size. Furthermore, Staff finds that the amendments are in
keeping with the overall expectations of and representations made to the City Council to
the extent that the changes do not change the overall character or impacts to the
neighborhood, nor do they diminish the public benefits that are achieved by the project.
At the time of the City Council hearings, while there was a great deal of focus on the
height of the building, the building had been set higher than the level that is now being
proposed. Now, it is necessary due to building code reasons having to due with ceiling
height requirements, that only certain sections of the height must be increased. The
average room size changed by virtue of the removal of the once -proposed third floor over
the "historic" Boomerang section and two hotel units in the northwest section of the
building. Staff finds that the proposed amendment meets the criteria for an insubstantial
amendment pursuant to section 26.445. 100 of the City of Aspen Land Use Code.
DECISION:
The Community Development Director finds the Insubstantial Planned Unit
Development Amendment to be consistent with the review criteria (Exhibit A) and
thereby, APPROVES the amendment as specified below.
This approval document shall be recorded and the final PUD plans shall reflect the
amendments contained herein. The exact areas of the amended height shall be
shown on the final PUD plans.
APPROVE PY:
ChMs Bendon
Community Development Director
III --T-L0-;1- -
Date
Attachments:
Exhibit A - Review Criteria Checklist
Exhibit B - Letter of Request from Reno -Smith Architecture, dated December 4, 2006
Z-0-n
,%me
535392
Page: 3 of 7
03/14/26e7 09:36t
JANICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 D O.ft
Insubstantial PUD Amendment Checklist
EXHIBIT A
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:
Ed" The proposed amendment does not change the use or character of the development.
Sr 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.
Er The proposed amendment does not decrease the approved open space by greater than
three (3) percent,
The proposed amendment does not reduce the off street parking and loading space by
greater than one (1) percent.
The proposed amendment does not reduce required pavement widths or rights -of -
way for streets and easements.
5d The proposed amendment does not increase the approved gross leasable floor area of
commercial building by greater than two (2) percent.
t� 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.
AUGUST
535392
RFNO
111111
loll
11111111111111111111111111111111
Page: 4 of 7
AIA
03/14/2007 09:369
JANICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 D 0.00
SCOTT
SMITH
AIA
December 4, 2006
Mrs. Joyce Allgaier
V,
City of Aspen
Community Development Department
130 South Galena
RENO - SMITH
Aspen, CO 81611
A R C 11 1 '1 F CTS, L. L. C.
RE: Boomerang Lodge
insubstantial Amendment to the PUD agreement
605 W. MAIN STREFT
Dear Joyce,
NO 002
We have two (2) issues we respectfully request be considered as an
ASPEN
COLORADO
insubstantial amendment to the PUD agreement.
81611
The first issue is a request that a portion of the fourth (0) 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
height restriction at 35'-6".
970.925.5993
EMAIL
Our reasons for this request are twofold. The first reason is that
officcOrcnasmith.com
with the current height restriction of 34'-6" we are unable to provide
minimum ceiling heights of 7-6" as required by the International Building
Code. As currently designed, we have ceilings that are just below T-0".
0371 SOUTHSIDE DRIVE
The other reason for our request has to due with the required
BASAUI'
structure and insulation for the roof of the fourth (0) 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.
970-92T6834
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 (4 1h) floorroof
Don will get you the plans. Attached are the original and revised 9.
roof plans. DEC 1 1 Z006
BUILDINS,
ri
veave *4w,
535392
Page: 5 of 7
I gill 111111111111111111111111 03/14/2007 09:36s
JANICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 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 (3d)
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,
August . Reno, A19
cc: S. Stunda
S. Vann
T. Adams
D. Shi
S. Smith
DEC
I
92
page: l �09: 369
JANICE K VOS CAUDILL PITKIN COUNTY CO R 38.00 b 0.20
NEW BULgINd I EXISTIN6 BIALDIN6
REY15F-V ROOF PLAN
DEC 1 1 2006
r '3
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r- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
5,061 sq ft 4,225 Sq ft
------------------ S 4'- 6"
+ +
-----------------
r
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L
l,7 52 Sq ft #1 1,3q3 Sq ft
---------------- r --------- J 12q sqft
205 aq ft
5 q 5 Sq f t
MORE THAN 65% OF ROOF AREA 19
AT OR BELOA 5 7'-0"
ROOF AREA! 501JAIRE FOOTACPE:
ROOF AREA (ELEVATION BELOY426'-b*): 5,001 sq.ft.
ROOF AREA (ELEVATION 26'-&')! 5.662 Sq1t.
ROOF AREA (ELEVATION 4,A51 SLJ.ft�
SMTOTAL�
ROOF AREA fELEVATION 36'-6): 3,145 sq.ft.
TOTAL: 18,245 scl ft
AREA PEIRCENTA6Et
2b%
51% 53S3.92
Pago., 7 of 7
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24%
1 17%
APPROVEP ROOF PLAN DEC 1 1 2006
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KEYS UNITS
L0125E UNIT FLOOR AREA
FREE MARKET FLOOR
AREA
AFFORVA5LE FLOOR AREA
NON- UNIT FLOOR A;ZEA
FRONT PoRcH
E?F-0K AREA
BIJILC)IN6 OVERHANC7
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UNCONDITIONEP TRASH
ENCLO51JRE AREA
ORICINAL
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UNITS
KEYS
UNITS
FIRST FLO0I'\
19
16
19
9
SECOND I 1-001�
20
16
21
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T1 1IR 1) FLOC)R
8
7
7
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F-OURT-1 I FLOOI�
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1 47
39
1 47
1 23
KEY - THE SMALLEST INDEPENDENT RENTABLE DIVISION
AVAILABLE FOR A LODGE GUEST. �- �ILEVEL 2 FAR
UNIT - THE LAKGES-TAGGREGATION OF KEYS INTO A SINGLE
RENTABLE DIVISION AVAILABLE FOR A LODGE GUEST.
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620 Main Street, Suite 8
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FROGI�RE65 SET
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f-ROGIPES5 SET
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Project No: 2581AN
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FLCXX A"A
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16
19
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SECOND [10OR
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KEY- THE SMALLEST INDFPENDFNT RENTABLE DIVISION
AVAILABLE FOP, A LODGL GUEST.
UNIT - T1 IL LARGEST AGGREGATION OF KEYS INTO A SINGLE
RENTABLE DIVISION AVAILABLE FOR A LODGE GUEST.
� �ILEVEL 3 FAR
'\�� 3/32" - V-0"
KEYS UNIT$
LOD6E UNIT FLOOR AREA 3-7
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AREA
AFFORDABLE FLOOR AREA
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FRONT PORCH
DEC,< AREA
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UNCONDITIONED TRASH
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PROGRESS SET
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PROGRESS 5--T
0803.15
FIROGIRE55 SET
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PEFZ'IIT SET
Date: CE, ia'�5
Project No: 2"109
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FLOCRAM
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20
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7
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FOURTI I FLOOR
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TOTAL
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39
1 47
li
KEY - THE SMALLEST INDEPENDENT RENTABLE DIVISION
AVAILABLE FOR A LODGE GUEST.
UNIT - I -HE LAKC.ES]- AGGREGATION OF KEYS INTO A SINGLE
RENTABLE DIVISION AVAILABLE FOP, A LOLX�E GULST.
rl---),LEVEL 4 FAR
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KEYS UNITS
LOP&E UNIT FLOOR AR.E:A
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NON- UNIT FLOOR AREA
FRONT FORCH
PErK AREA
BUILDIN6 OVERHAN&
AREA
UNGONDITIONED TRA5H
Efslr�LOSURE AREA
RECEIVLer
MAY 2 4 2017
C I
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PARTNERSHIP, INC.
ARCHITECTS - A.I.&
ARCHITECrURE,
LANNING, INTERIOR
P. 0. Box 2773
620 h4ain Sbt�L Sufte 8
41�, CO 60443
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FROISRE55 6ET
OTOU5
PROGF;ZESS &ET
0803.15
Fl 01,Rr
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08.15JE,
FIERMIT SET 013C!i5
Date: orp'iW5
Project No: 290109
Drawn by: 5KT
Checked by: KAO
Z-020
MOMMMA
CALCULATN"
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Exhibit 9
Q AANAA MI7NN 1 AANA RA.%N
En
RE C E' IVED
Lwdltle MAR 3 0 2017
GuAjU%j1= CXWFW"
5fffC,' 107- CITY OF ASPEN
Land Title Guarantee Company CMANTY W&OMNT
Estimate of Title Fees
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.Itcic.com for directions to any of our offices.
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 closinq
Total I
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.
X-t
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- ABIR, 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
h- -A
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 SURVEYAFFIDAVIT
UPON THE APPROVAL OF THE COMPANYAND 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.
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 vvill contain exceptions to the follovving 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.
8. EXISTING LEASES AND TENANCIES.
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 14,2007AT 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 ime LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION,
IWA*ANItt Ir"MrANY LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
_,Swt.96,7_ 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:
0- 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;
No, a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
to- 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:
No, 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.
w We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
lk� Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
b- 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
P"q LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
LandItle
4 4 IA kt A *41 t t <1 1 11 M tlkN It DISCLOSURE STATEMENTS
196 ' 7—
Note: 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.
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. if 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.org.
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 Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on
the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by: I , 0 # I � , ,
Land Title Guarantee Company ;,tTITL
3033 East First Avenue A�'
Suite 600 No�
Denver, Colorado 80206 4K
303-321-1880
-J 0
Jft E, Froyer, dir
pr"Wed
070
F" 144404.
Old Republic National Title Insurance Company
a Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Mark Bilbrey
President
AMERICAN
�kN- —DT I T L t
ASSOCIATION
im
Jennifer Phelan
From: Jennifer Phelan
Sent: Wednesday, March 29, 2017 4:25 PM
To: Chris Benclon (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 ILLC 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
A,1ww.aspenpitkin.com
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is addressed and may contain informatior that is
confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, ple�ise reply to
'the sender that you have received the message in error and then delete it, Further. the information or opinior s contained
in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informatiol 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 creale a legal or
vested right or any claim of detrimental reliance.
�@0 1 M M I
-MWILq Iffialere.
March 24, 2017
Ms. Jessica Garrow, AICP
Community Development Director
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: Boomerang Lodge — 500 West Hopkins Avenue
Growth Management Insubstantial Amendment
Ms. Garrow:
Please accept this request to affirm the validity of the Growth Management Allotments granted
to the Boomerang Lodge project (the Project).
ME Aspen Ventures One LLC, a Colorado Limited Liability Company, is the contract purchaser
of the Project, is the applicant and has authorized BenclonAclams 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:
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
Boomerang Lodge
Insubstantial GIVIQS 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
It appears that the growth allotments were
officially from the 2006 allotment pool. Thecode
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
CL
May 2005 thru Feb. 2W7
rree-Market
Residential
Junits)
Affordable
Residential
(unitsl
Commercial
(square feet
net leasable)
Lodge
1pillilows)'
Grovith Ceiling
4.906
2,428
1530-000
11160
2DOS Development
3.774
1,608
1.408,804
8.583
Burlingame Ranctri X
Ranch ipr�-GWQS0rdn-
but nW p—* -unWJ
12
97
0
0
Obermeyer Place ip-
GMQS Omima but wt
Pi-IDUSly 61-1)
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
Limelile 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 Ho pki ns Ty—e
0
3
0
0
Jewish Community
Center
0
a
0
0
TUM-07--
2
1
0
0
625 E_ Main (Stage 3)
5
5
767
0
201 N_ Mill (Jerome
Profersiianal)
6
3
3,305
0
307. S. Spring
Wienerstube)
6
12
10.528
0
0
9
20
1
12b In- Durant
0
1
0
32
0
Expected Total
I Development
65 102
37.128
1 Under Ceilingi
1067 1 718
384.068
' - L,1� 0— 10 10— P� iii�
An amendment made in response to City Council S:uw. City V �Wn C—ty 0��aipm Owwir-i
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 26.470.150.A provides the following criteria for an
Insubstantial Amendment to a growth management development order:
An insubstantial amendment to an approved growth management development order may be
authorized by the Community Development Director if:
1. The change conforms to all other provisions of the Land Use Code and does not exceed
approved variations to the residential design standards, require an amendment to the
commercial design review approval or such variations or amendments have been
approved.
Response — This request does not amend the Project. The applicant must modify
the vested approvals to create a project which is viable in today's marketplace.
Those changes will include changes to the way lodge units are arranged, the way
lock -off units are configured, possibly internalizing some external accessways and
updating some architectural elements. These changes ore 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 ore 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,
49
Chris Benclon, 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
Exhibit 1
ATTACHMENT 2 — LAND USE APPLICATION
PROJECT:
Name: Boomerang Lodge GMQS Amendment
Location: 500 West Hopkins Avenue
Parcel ID #(REQUIRED) 273S-124-49-002
APPLICANT:
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
970.925.9450
Phone #:
REPRESENTIVATIVE:
Name: BendonAdams
Address: 300 So. Spring St. #202; Aspen, CO 81611
(970) 925-2855
-Phone#:
GIVIQS Exemption
Conceptual PUD Temporary Use
GIVIQS Allotment
Final PUD (& PUD Amendment)
Special Review
Subdivision
= Conceptual SPA
ESA - 8040 Greenline, Stream
Subdivision Exemption (includes
Margin, Hallam Lake Bluff,
Condominiumization)
Mountain View Plane
Final SPA (&SPA
Commercial Design Review
Lot Split Amendment)
Residential Design Variance Lot Line Adjustment Small Lodge Conversion/
Expansion
Conditional Use V Other:GMQS insub. amenc
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.
?ROPOSAL: (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.
avp vnu attachpd thp folinwing? PFFs nur-!� 325
Pre -Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards
3-D Model for large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be
submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference
summary will indicate if you must submit a 3-D model.
Exhibit 1.1
Agreement to Pay Application Fees
An agreement between the City ot Aspen ("City") and
Property Eric Witmondt, Manager, ME Phone No.: Eric.Witmondt@woodmontproperties,com
Owner ("I'T Aspen Ventures One LLC Email: 973.487.1800
Address of Billing UIL VVILF11UHUL
Property: 500 West Hopkins Avenue; Address: c/o Woodmont Properties
(Subject of Aspen, CO 81611 (send bills here) Greenbrook Executive Center
application) 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:
Name: Eric Witmondt
Manager, ME Aspen Ventures One LLC, a
Title: Colorado Limited Liability Company
Exhibit2
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Jessica Garrow, 970.429.2780 DATE: 2/21/17
PROJECT: 500 W Hopkins, boomerang Lodge
REPRESENTATIVE: Michael Hoffman
TYPE OF APPLICATION: Growth management quota system insubstantial amendment
DESCRIPTION:
The Boomerang Lodge was approved in 2006 for a redevelopment. The project's vested rights expired in
August of 2016, but the project remains active under an active building permit. The project is subject to
changes in the land use code, as statutory vested rights have lapsed. The applicant is interested in
understanding the effect this has had on the growth management allotments, and is requesting an
insubstantial GMQS amendment to memorialize the growth management allotments. As this property
falls outside the current moratorium area, an application may be made at any time.
Below is a link to the Land Use application form for your convenience.
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning
Follow link below to view the City of Aspen Land Use Code
http://www.aspenpitkin.com/Departments/CommunitV-Development/Planning-and-Zoning/Title-26-
Land-Use-Code/
Land Use Code Section(s)
26.304 Common development review procedures
26.470 Growth Management Quota System
Review by: Community Development Staff for complete application
Public Hearing: None
Planning Fees: $325 deposit. Additional time over (10) hours will be billed at $325 per hour.
Total Deposit: $325
To apply, submit the following information:
El Completed Land Use Application and signed fee agreement.
El Pre -application Conference Summary (this document).
El 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
contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for
the Development Application.
El 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.
El HOA Compliance form
El Written responses to all review criteria. As well as a narrative of the request.
El A copy of previous growth management approvals, including information on the type of
allotments granted and the year those allotments came from.
El An 8 1/2" by 11 " vicinity map locating the parcel within the City of Aspen.
El 1 Complete Copy. If the copy is deemed complete by staff, the following items will then
need to be submitted:
El Total deposit for review of the application.
El 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.
Exhibit3
CJ genshaft cramer.
ASPEN I PALM BEACH
420 East Main Street, Suite 200
Aspen, CO 81611
Tel: (970) 925-9450
Fax: (888) 266-0103
www.genshaftcramer.com
March 23, 2017
VIA EMAIL
City of Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Attention: Ms. Jessica Garrow, Community Development Director
Re: Boomeraniz Lodize, 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
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
Exhibitll
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
Hoffinan, at (970) 544-3442 or inhofftnanna
,,emhlaw.net.
Sincerely,
ASPEN FSP-ABR, LLC,
a Delaware limited liability company
By: BROWN REALTY MANAGER, INC.,
a Delaware corporation, its Manager
0
By:
�qame� Lawrence E. Collins
Title:
Vice President
Fountain Scluare Ptoperties, LLC, a Virginia
limited liab-1lTit-v'tAv'fi-tqnvjit.c
M.
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Land Title
CMARAWEI COMPANY
Land Title Guarantee Company
Estimate of Title Fees
Exhibit3.2
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.itgc.com for directions to any of our offices.
I Estimate of Title Insurance Fees i
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 closingi
Total I
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.
AMERICAN
0 1� 'I' L I
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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. GISRIEL AS 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.
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.
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 COMPANYAND 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.
NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS
COMMITMENTARE 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.
8. EXISTING LEASES AND TENANCIES.
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
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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. If 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.org.
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 Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on
the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue
Suite 600
Denver, Colorado 80206
303-321-1880
John E- Freyer, Jr
PresidW
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Old Republic National Title Insurance Company
a Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
MSrk Biffirey
President
AMERICAN
LAND TI I I F.
ASSOCIATION
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Exhibit
u ' BendonAdams
9)
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:
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 jReg
Eric 1 ondt
Manager
ME Aspen Ventures One LLC,
a Colorado Limited Liability Company
Eric.Witmondt@woodmontproperties.com
973.487.1800
300 SO SPRING ST 1 202 1 ASPEN, CO 816111
970.925.2855 1 BENDONADAMS.COM
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance For (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 b
the property oivner or Attorney representing the propert y otvner-
Name: tric vvitmonai
Property Manager, ME Aspen Ventures One LLC
Owner 1711: Email: Eric,Witmondt@woodmontproperties.corn 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)
0 This property is not subject to a homeowners association or other form of private covenant.
E] 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 -
El 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 apblic document.
!7
Ownersignature: date,--., _J3
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Owner printed name:
'Of I
Attorney signature:
Attorney printed name:
Eric Witmondt
Manager, ME Aspen Ventures One LLC, a
Colorado Limited Liability Company
date.
Exhibit6
Resolution No. 18
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION GRANTING GROWTH MANAGEMENT QUOTA SYSTEM
APPROVAL FOR LODGING, FREE-MARKET RESIDENTIAL, AND
AFFORDABLE HOUSING ALLOTMENTS, AND RECOMMENDING CITY
COUNCIL APPROVE THE SUBDIVISION, PLANNED UNIT DEVELOPMENT,
AND REZONING FOR A PLANNED UNIT DEVELOPMENT OVERLAY FOR
THE REDEVELOPMENT OF THE BOOMERANG LODGE, 500 WEST
HOPKINS AVENUE, CITY OF ASPEN, COLORADO.
Parcel ID:2735.124.49.002
WHEREAS, the Community Development Department received an application
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from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950;
49 0
Reston, VA 20190; represented by Sunny Vann of Vann Associates, requesting approval
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of six (6) free-market residential growth management allotments, two (2) affordable
housing growth management allotments, eighteen (18) lodge growth management
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allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay,
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Planned Unit Development approval, Condominiumization approval, and vested rights
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for the redevelopment of the Boomerang Lodge located at 500 West Hopkins Avenue and
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known legally as Lots K through S of Block 3 1, City and Townsite of Aspen, Pitkin
�
County, Colorado; and,
WHEREAS, the site currently contains 34 hotel units in a structure of
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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 firee-
market residential units, 2 affordable housing units, a 31-space underground parking
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facility, and 17 surface parking spaces in a structure of approximately 5 1,000 square feet of
Floor Area as defined by the City of Aspen; and,
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WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Building
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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 I
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 Manazement 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 Develoi)ment Plan
The Planning and Zoning Commission, pursuant to Chapter 26.480, 26.310, and 26.445 —
Subdivision, Rezoning, and Planned Unit Development, respectively — hereby recommends
City Council grant Subdivision approval, rezoning for a Planned Unit Development
Overlay, and Planned Unit Development Final Development Plan approval to the
Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter.
Section 3: Proiect Dimensions
The followin roved dimensions gf the roiect shall be reflected in the Final PUD Plans
Dimension
Minimum Lot Size
Proposed Development
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 e st side. **.Th1'SV`:'h''6 'b e
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Planning and Zoning Commission Resolution
No. 18, Series of 2006 Page 2
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Pedestrian Amenity Space
19%
Floor
Area.
Total
1.86:1 50,470 s.f.
Lodging
.97:1 26,210 s.f.
Non -unit space
7-
.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.
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 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.
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.
I Section 6: Additional Trin Generation and PMIQ Mitigation Plan
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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 aIny
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 PI shall comply with current requirements of the City Community
Development Engineer and, in addition to the standard requirements, shall include:
I - 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 casements 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 G - eographic Infonnation 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:
I - 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.
I A sidewalk and curb improvernents 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. The sidewalk shall incorporate
accessible ramps according to the current standards.
4. Design specifications and profiles for public right-of-way improvements.
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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
within public nights -of -way with reference to their locations depicted on the
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Subdivision Plat.
2. In order to secure the performance of the construction and installation of
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improvements in the public nights -of -way, the landscape plan, and public facilities
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performance security shall include and secure the estimated costs of proposed
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right-of-way improvements.
3. A revocable license agreement to use portions of the Fourth Street right-of-way
for dedicated parking.
4. A license agreement to use any public rights -of -way, or portions thereof, adjacent
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to the project site for construction staging including a fee to use the land at a rate
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of $1.25 per square foot per month for the time period in which the land is to be
occupied for construction staging.
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Section 9: Impact Fees
Park Impact Fees of $41,039 shall be assessed. Amendments to the Project or to the fee
schedule adopted prior to issuance of a building permit shall require a new calculation.
The following fee total is based on the current proposal and fee schedule:
a:
Park Fees — Proposed Development:
52 Lodge Units (studio units) @ $1,520 per unit
=$79,040
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
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
=S7,268
($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 pen -nit shall require a new calculation.
Other Im-pacts 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 buildin
permit. 9
Section 10: Water Department
The applicant shall comply with the City of Aspen
25, and with applicable standards of Municipal Co(
Plumbing Advisory Code) of the Aspen Municipal
Aspen Water Department.
Soil nails will not be allowed in the City ROW,
Water System Standards, with Title
e Title 8 (Water Conservation and
Code, as required by the City of
Section 11: Sanitation District Stan dards/Rea girements
The applicant shall comply with the Aspen Corisolid'ated Sanitation District's rules and
regulations, including the following:
I - Service is contingent upon compliance with the District's rules, regulations, and
if
spec ications, 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
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8. Glycol snowmelt and heating systems must have containment provisions and must
preclude discharge to the public sanitary sewer system,
9. Plans for interceptors, separators and contaim-nent 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. 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 Su mission, a meeting between the following parties shall be
conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner,
Community Development Engineer, City Engineer, Building Official/Plans Examiner.
The purpose of the meeting is to identify the approving ordinance and any amendments,
identify conditions of approval, discuss the Construction Management Plan, identify the
timeline for plat and PUD/SIA agreement recordation, identify the types of building
permits necessary and the development activities that can be conducted prior to receiving
a building permit, review any critical timeline issues, review the steps and timing of the
building permit process, discuss responsibilities of all parties in getting permits, changes,
etc., and review the Building Department checklist.
Section 13: Construction 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
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Planning and Zoning Commission Resolution
No. 18, Series of 2 006
Page 7
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Department. Street closures concurrent with significant public events shall be
avoided to the greatest extent possible.
3. A notice to be sent to neighboring property owners describing the general schedule
of the project and the contact information of the general contractor. The City
encourages open communication between project representatives and the neighbors
such that day-to-day issues can be resolved without involving the City.
4. A Fugitive Dust Control Plan which includes, but is not limited to fencing, watering
of haul roads and disturbed areas� daily cleaning of adjacent paved roads to remove
mud that has been carried out, speed limits, or other measures necessary to prevent
windblown dust from crossing the property line or causing a nuisance. For projects
greater than one acre in size a fugitive dust control plan must be submitted to the
Colorado Department of Public Health and Environment (CDPHE), Air Quality
Control Division.
5. Recycling facilities, in addition to trash facilities, for the period of construction.
Section-14: Building Permit Reguirements
The building permit application shall include/depict:
I - 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 ston-n frequency should be used in
designing any drainage improvements. Off -site improvement shall be done in
coordination with the City Engineer.
9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas
log fireplaces or two certified woodstoves (or I of each) and unlimited numbers of
decorative gas fireplace appliances per building. New buildings may NOT have wood
burning fireplaces, nor may any heating device use coal as fuel.
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.
I I - 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.
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14. A construction site management and parking plan meeting the specifications of the
City Building Department.
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Prior to issuance of a building permit:
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2. The location and design of standpipes, fire sprinklers, and alarms shall be
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Section 15: Noise Durin2 Construction
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o During construction, noise cannot exceed maximum pennissible 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
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Section 16: Condominiumization
Condominiumization of the Project to define separate ownership interests of the Project is
hereby approved by the City of Aspen, subject to recordation of a condominiumization plat
in compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 17:
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:
C-1 )J) -
DavId Hoefer, Asst. City 4orney
ATTEST:
ckie Lothian4,4)eputy City Clerk
PLANNING AND ZONING
COMMISSION;
Jasmine Tygre, Chair
CAhome\Current Planning\CASESToomerang Lodge\Reso.doc
527141
page: 10 of 10
08/04/2006 10:231
JANICE K VOS CAUDILL PITKIN COUNTY CO R 51 .00 D 0.00
Planning and Zoning Commission Resolution
No. 18, Series of 2006 Page 10
Exhibit7
01M
Ordinance No. 26
(SERIES OF 2006)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING
APPROVAL OF THE SUBDIVISION, PLANNED UNIT DEVELOPMENT,
VESTED RIGHTS, CONDOMINIUMIZATION, AND REZONING FOR A
PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT
OF THE BOOMERANG LODGE, 500 WEST HOPKINS AVENUE, CITY OF
ASPEN, COLORADO.
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 4950;
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,
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Planned Unit Development approval, Condominiumization approval, and vested rights
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for the redevelopment of the Boomerang Lodge located at 500 West Hopkins Avenue and
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known legally as Lots K through S of Block 3 1, City and Townsite of Aspen, Pitkin
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County, Colorado; and,
WHEREAS, the site currently contains 34 hotel units in a structure of
approximately 23,000 square feet of Floor Area and surface parking located primarily
within the public rights -of -way. The revised development includes 47 hotel units, 5 free-
market residential units, 2 affordable housing units, a 3 1 -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
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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,
City Council Ordinance
No. 26, Series of 2006
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 Manapemcnt 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 26.48 0, 26.3 10, 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: Project Dimensions
The following approved dimensions of the project shall be reflected in the Final PUD Plans:
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City Council Ordinance
No. 26, Series of 2006 -2-
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
heights vary and are
Lodging)
set in this PUD plan
Parking
Set in PUD
31 surface (all but 1
31 underground and
partially in rom)
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
2�4�%% of=total project
Affordable
No FAR limit
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.05:1 = 1,384s.f.
Residential
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Section 4: Trash/Recyclin2 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 Housine
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 deten-nines
acceptable.
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The affordable housing units shall be deed -restricted as rental units but will allow for the
units to become ownership units at such time the owners would request this change and/or
at such time the APCHA deems the units out of compliance over a period of more than one
year. At such time, the units will be listed for sale with the Housing Office as specified in
the deed restriction at the Category 2 maximum sales price. At such time if the units
become ownership units, these units will establish an independent homeowners association.
Section 6: Additional Trip Generation and PM10 Miti2ation Plan
in order to reduce the impacts of additional trip generation and PM10 generated by the
or use by the owners/guests of
project, the project shall provide either: 1) a shuttle service f
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:
I . 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.
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City Council Ordinance
No. 26, Series of 2006
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3. A general sidewalk and curb improvements plan depicting a detached sidewalk with
planting buffer along both West Hopkins Avenue and North 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, arid projections.
5. Scaled floor plans of each level of the building depicting unit divisions.
Section 8: Subdivision and PUD Agreement
Within ISO days after final approval by City Council and prior to applying for Bin
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:
I Revocable Encroachment agreements and licenses for physical improvements
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within public nights -of -way with reference to their locations depleted on the
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2. In order to secure the performance of the construction and installation of
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improvements in the public rights -of -way, the landscape plan, and public fac ilities
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performance security shall include and secure the estimate d costs of proposed
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3. A revocable license agreement to use portions of the Fourth Street right-of-way
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4. A license agreement to use any public nights -of -way, or portions thereof, adjacent
to the pr 'ect site for construction staging including a fee to use the land at a rate
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$1.25 foot month for the time period in which the land is to be
of per square per
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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.
The following fee total is based on the current proposal and fee schedule and is subject to
final calculation at the time of PUD Agreement acceptance:
Park Fees — Fees for Proposed Develop�ent:
47 Lodge Units (studio units) @ $1,520 per unit
=S71,440
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 Develgpment:
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 =S7,268
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-licu
payment shall be accepted. Amendments to the Project or to the fee schedule adopted
ion.
prior to issuance of a building permit shall require a new calculati
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/Reguiremelfts
The applicant shall . comply with the Aspen Consolidated Sanitation District's rules and
regulations, including the following:
1 . Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office at the time of construction.
2. Applicant's engineer will be required to give the district an estimate of anticipated
daily average and peak flows from the project.
3. A wastewater flow study may be required for this proj ect to be funded by the
applicant.
4. All clear water connections are prohibited (roof, foundation, perimeter, patio
drains), including entrances to underground parking garages.
5. On -site drainage and landscaping plans require approval by the district, must
accommodate ACSD service requirements and comply with rules, regulations and
specifications.
6. On -site sanitary sewer utility plans require approval by ACSD.
7. Oil and Sand separators are required for public vehicle parking garages and
vehicle maintenance facilities.
8. Glycol snowmelt and heating systems must have containment provisions and must
preclude discharge to the public sanitary sewer system.
9. Plans for interceptors, separators and containment facilities require submittal by
the applicant and approval prior to building permit.
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City Council Ordinance
No. 26, Series of 2006 -6-
10. When new service lines are required for existing development the old service lines
must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements.
11. Below grade development may require installation of a pumping system.
12. Generally one tap is allowed for each building. Shared service line agreements
may be required where more than one unit is served by a single service line.
13. Permanent improvements are prohibited in areas covered by sewer easements or
right of ways to the lot line of each development.
14. All ACSD total connection fees must be paid prior to the issuance of a building
permit. flows that would exceed the
15. Where additional development would produce
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
I
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, i Building Official/Plans Examiner.
The purpose of the meeting is to identify the approving ordinance and any amendments,
identify conditions of approval, discuss the Construction Management Plan, identify the
timeline for plat and PUD/SIA agreement recordation, identify the types of building
permits necessary and the development activities that can be conducted prior to receiving
a building permit, review any critical timeline issues, review the steps and timing of the
building permit process, discuss responsibilities of all parties in getting permits, changes,
etc., and review the Building Department checklist.
Section 13: Construction 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:
I . 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 inforniation of the general contractor. The City
City Council ordinance
No. 26, Series of 2006 -7-
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encourages open communication between project representatives and the neighbors
such that day-to-day issues can be resolved without involving the City.
4, A Fugitive Dust Control plan which includes, but is not limited to fencing, watering
of haul roads and disturbed areas, daily cleaming 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:
I . 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 debri's on -site during and after
construction. if a ground recharge system is required, a soil percolation report will be
required to correctly size the facility. A 2-year storm frequency should be used in
designing any drainage improvements, Off -site improvement shall be done in
coordination with the City Engineer.
9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas
log fireplaces or two certified woodstoves (or I of each) and unlimited numbers of
decorative gas fireplace appliances per building. New buildings may NOT have wood
burning fireplaces, nor may any heating device use coal as fuel.
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 -8-
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asbestos, the demolition can proceed. if asbestos Is present, a licensed asbestos
removal contractor must remove it.
11. A tree removal permit, as applicable.
12. A fugitive dust control plan approved by the Environmental Health Department which
addresses watering of disturbed areas including haul roads, perimeter silt fencing, as
needed cleaning of adjacent rights -of -way, speed limits within and accessing the site,
and the ability to request additional measures to prevent a nuisance during
construction. The applicant 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 casements.
14. A construction site management and parking plan meeting the specifications of the
City Building Department.
15. Design specifications and profiles for public night -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:
1. 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 pin, Monday
thru Saturday. Construction is not allowed on Sundays. it is very likely that noise
generated during the construction phase of this project will have some negative impact on
the neighborhood. The applicant should be aware of this and take measures to minimize
the predicted high noise levels.
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City Council Ordinance
No. 26, Series of 2006 -9-
Section 16: Condominiumization
Condominiumization of the Project to define separate ownership interests of the Project is
hereby approved by the City of Aspen, subject to recordation of a condominiumization plat
in compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 17: Historic Landmark 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 cast 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 18:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by other specific conditions.
Section 19:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 20:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof
Section 21:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy in the
office of the Pitkin County Clerk and Recorder.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26tb day of June, 2006.
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City Council Ordinance
No. 26, Series of 2006 -10-
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'APPROVED TO FORM:
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]ANICE K VOS CaUDILL PITKIN COUNTY CO R 56.00 D 0 00
City Council Ordinance
No. 26, Series of 2006
635392
11 Jill 1111 Page: / 1 0 of 7 9:3se
03/14 2 07 0
R 36, 00 D 0. oe
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
Exhibit
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 4 �h 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
Page� 2 of 7
03/14/2007 09:36g
JANICE K VOS CAUDILL PITKIN COUNTY CO R 36,00 D 0.00
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
loungel 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
sizefrom 3 70 to 900 squarefeet, and include multi -room suites forfamilies.)
There exists a system or strategy for the project to maximize short-term
occupancies. (The lodge will he traditional in nature providing a walk-in
opportunityfor traveling guests. The lodge is notfractionalized, and rooms can not
be occupiedfor more than 30 consecutive days.)
In order to amend a specific provision of the ordinance that approved the PUD originally,
a PUD Amendment must be approved. Staff supports the proposed amendment because
these are technical in nature and are for the purposes of clarifying and correcting the
calculation of average room size. Furthermore, Staff finds that the amendments are in
keeping with the overall expectations of and representations made to the City Council to
the extent that the changes do not change the overall character or impacts to the
neighborhood, nor do they diminish the public benefits that are achieved by the project.
At the time of the City Council hearings, while there was a great deal of focus on the
height of the building, the building had been set higher than the level that is now being
proposed. Now, it is necessary due to building code reasons having to due with ceiling
height requirements, that only certain sections of the height must be increased. The
average room size changed by virtue of the removal of the once -proposed third floor over
the "historic" Boomerang section and two hotel units in the northwest section of the
building. Staff finds that the proposed amendment meets the criteria for an insubstantial
amendment pursuant to section 26.445. 100 of the City of Aspen Land Use Code.
DECISION:
The Community Development Director finds the Insubstantial Planned Unit
Development Amendment to be consistent with the review criteria (Exhibit A) and
thereby, APPROVES the amendment as specified below.
This approval document shall be recorded and the final PUD plans shall reflect the
amendments contained herein. The exact areas of the amended height shall be
shown on the final PUD plans.
APPROVE IPY;
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ChIs Bendon
Community Development Director
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Date
Attachments:
Exhibit A - Review Criteria Checklist
Exhibit B - Letter of Request from Reno -Smith Architecture, dated December 4, 2006
2
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535392
Page: 3 of 7
03/14/2007 09:369
JANICE K VOS CAUDILL PITKIN COUNTY CO R 36,00 D 0.00 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:
Wr The proposed amendment does not change the use or character of the development.
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.
Er 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 (I) percent.
U" The proposed amendment does not reduce required pavement widths or rights -of -
way for streets and easements.
The proposed amendment does not increase the approved gross leasable floor area of
commercial building by greater than two (2) percent.
C� 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.
'E�klbl*+ b
AUGUST
535392 P FN0
Page� 4 of 7 AIA
03/14/2007 09: 36r
JANICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 D 0. 00 SCOTT
S'M�TH
A A
December 4, 2006
Mrs. Joyce Allgaier
City of Aspen
Community Development Department
130 South Galena
RENO - SMITH
Aspen, CO 81611
A R �� 11 1 '1 Fl— T S, L. L. C.
RE: Boomerang Lodge
Insubstantial Amendment to the PLJD agreement
605 W. MAIN STREET
Dear Joyce,
NO 002
ASPEN
We have two (2) issues we respectfidly request be considered as an
COLORADO
insubstantial amendment to the PUD agreement.
81611
The first issue is a request that a portion of the fourth (4 th) 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
height restriction at 35'-6".
970.925.5993
FMAIL
Our reasons for this request are twofold. The first reason is that
afficc(a)renosmith com
with the current height restriction of 34'-6" we are unable to provide
minimum ceiling heights of 7-6" as required by the International Building
Code. As currently designed, we have ceilings that arejust below 7-0".
0371 SOUTHSIDE E)RIVE
The other reason for our request has to due with the required
BASArl'
structure and insulation for the roof of the fourth (e) floor. We allowed
COI.ORADO
for 12" of structure and insulation in our original design and come to find
81621
out that we actually need IS" 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 (0) floor roof
Don will get you the plans. Attached are the original and revised
roof plans. DEC 1 1
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535392
Page: 5 of 7
03/14/2007 09: 369
JANICE K VOS CAUDILL PITKIN COUNTY 20 R 36.00 0 0.00
The second (2 nd) issue relates to the average room size for the hotel
units.
The approved average hotel unit size was 501. Werequestthat
this averacre be increased to 521 (a 4% increase).
During the approval process we eliminated the proposed third (3d)
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 Nvas 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,
A '4)
COAugusltRe4no, AIA
cc: S. Stunda
S. Vann
T. Adams
D. Shi
S. Smith
DEC
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