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Home My WebLink AboutLand Use Case.500 W Hopkins Ave.0040.2009.ASLU .-.. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0040.2009.ASLU 2735 12 44 9002 500.W. HOPKINS AVE ERRIN EVANS VESTED RIGHTS EXTEN SUNNY VANN 08.17.2009 CLOSED BY Angela Scorey on 10/29/2009 t~ ~.: .~., _. DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen FSP - ABR LLC 500 West Hopkins Avenue Armen Colorado 81611 represented by Sunn~Vann of Vann Associates, LLC, 230 East Hopkins Avenue. Property Owner's Name, Mailing Address and telephone number Boomerang Lodge Subdivision Planned Unit Development Aspen. Colorado, more commonly known as 500 West Hopkins Avenue. Legal Description and Street Address of Subject Property The Applicant received approval to extend the vested rights to construct 13 additional hotel units, 5 free market units and two affordable housing units until October 20, 2012. Written Description of the Site Specific Plan and/or Attachment Describing Plan Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Au¢ust 16, 2009. Effective Date of Development Order (Same as date of publication of notice of approval.) October 20, 2012. Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 17`~ day of August, 2009, by the City of Aspen Community Chris Bendoti, Community Development Director ~._, PAA'rJv.Q. 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CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00025932 Account name: 26621 Date: 6/24/2009 Applicant: C/O STEVEN STUNDA ASPEN FSP-ABR LLC Type: check # 000399 Permit Number Fee Description Amount 0040.2009.ASLU Aspen Land Use App Fees 1,470.00 Total: 1,470.00 ~~r ~~ ~w~ ~ -w~cu-+ t~ar,~n-v-e~ ~~~~ VANN ASSOCIATES, LLC Planning Consultants June 22, 2009 HAND DELIVERED Ms. Errin Evans Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RECEIVED JUN 2 3 1009 3.:iTY ~F ASPEN ;OMMUNIN DEUELOPMEN'f Re: Boomerang Lodge Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the Boomerang Lodge Subdivision/PUD, a mixed-use condominium lodge/residential project which has been approved for development on Lots K through S, Block 31, City and Town- site of Aspen (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The project's street address is 500 West Hopkins Avenue. The application is submitted pursuant to Section 26.308.O10.C. of the Aspen Land Use Regulations (the "Regulations") by Aspen FSP-ABR, LLC (hereinafter "Appli- cant"), the owner of the property (see Exhibit 2, Title Insurance Commitment). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. Aland use application form, an application fee agreement, and list of property owners located within 300 feet of Lot 1 are attached as Exhibits 4, 5 and 6, respectively. Background Lodge, free market residential, and affordable housing GMQS allotments were granted to the project by the P&Z on June 13, 2006 pursuant to Resolution No. 18, Series of 2006 (see Exhibit 7). Final PUD approval; subdivision and condominiumiz- ation approval; a rezoning; and vested property rights were granted to the project on August 28, 2006 pursuant to City Council Ordinance No. 26, Series of 2006 (see Exhibit 8). On June 11, 2007, the City Council designated a portion of the project site as a Historic Landmark pursuant to Ordinance 21, Series of 2007 (see Exhibit 9). A Development Order for the project was issued by the Community Development Department on October 13, 2006 (see Exhibit 10). As the Development Order indicates, the project's approvals are presently vested until October 20, 2009. 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 Ms. Errin Evans June 22, 2009 Page 2 Vested Rights Extension Pursuant to Section 26.308.O10.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring perfor- mance prior to the date of application for extension or reinstatement; Section 7 of Ordinance No. 26 required the Applicant to record a subdivision plat and final PUD plans memorializing the Boomerang Lodge Subdivision/PUD's development approvals within 180 days of the Ordinance's adoption. Similarly, Section 8 of the Ordinance required the recordation of a subdivision/PUD agreement within the same time period. A 30 day extension of the recordation deadline was granted by Chris Bendon on February 13, 2007 (see Exhibit 11) and the plat, PUD plans, and subdivision/PUD agreement were recorded with the Pi[kin County Clerk on March 21. 2007. In addition to the above, Section 17 of Ordinance No. 26 required the Appli- cant to initiate the designation of the east wing of the former Boomerang Lodge as a Historic Landmark prior to recordation of the project's subdivision plat. An applica- tion for historic designation was submitted on February 9, 2007 prior to the plat's March 21, 2007 recordation date. As noted previously, the relevant portion of the project site was officially designated by the City Council on June 11, 2007 pursuant to Ordinance No. 21. 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The Applicant has made diligent efforts to obtain the requisite building permits for the project. These efforts included, inter alia, the preparation and recording of all necessary subdivision/PUD documentation, the development of final architectural and engineering plans and specifications, requisite environmental testing, the demolition of the non-historic portion of the former Boomerang Lodge, and the submittal of various building permit applications and related materials to the City's Building Deparunent. Aggregate expenditures made by the Applicant in connection therewith total approxi- mately $2,900,000.00. Ms. Ervin Evans June 22, 2009 Page 3 It is our understanding that the City has completed its review of the project's building permit application, and issuance of the permit could occur upon the Appli- cant's payment of all remaining associated fees. A 180 day extension of the of the building permit application, however, has been requested by the Applicant and granted by the Building Department. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. In addition to the historic designation of a portion of the former Boomerang Lodge, the Applicant has previously paid tree mitigation, water tap, and sanitation impact fees to the Ciry and the Aspen Consolidated Sanitation District totaling approximately $291,079.00. Approximately $140,127.00 in additional school, park, and TDM/air quality impact fees will paid at building permit issuance. 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Progress on the redevelopment of the Boomerang property has halted due to the current nationwide economic climate and the inability of the Applicant to obtain construction financing for the project. No community benefit would result from the expiration of the project's vested rights as such rights are essential to the ability of the Applicant to continue to pursue financing and to resume development of the project. Given current economic conditions, and the uncertainty as to when project financing will become available, the Applicant respectfully requests that vested property rights for the Boomerang Lodge Subdivision/PUD be extended for a period of five years from October 20, 2009, or until October 20, 2014. As it is presently unknown when development will resume, the Applicant will agree to reclaim the disturbed portion of the site to include removal of a majority of the construction fencing and the regrading and seeding of the disturbed area. Fencing, however, must remain around the historically designated portion of the former lodge. The fencing is a condition of the Applicant's insurance carrier and is required to prevent unauthorized access to the building, to prevent vandalism, and to secure the building's outdoor pool area. Ms. Errin Evans June 22, 2009 Page 4 Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ASSOCIATES, LLC AICP SV: cc: Steve Stunda d:\oldc\bus\city.app\app54509.ext EXHIBIT CITY OF ASPEN S PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Errin Evans, 429-2745 DATE: 06.11.2009 PROJECT: 500 West Hopkins Avenue (Boomerang Lodge) -Extension of Vested Rights REPRESENTATIVE: Sunny Vann Tel: 925-6958 DESCRIPTION The Applicant would like to request an extension of vested rights for the redevelopment of the Boomerang Lodge project. The project consists of retaining a portion of the building with a historic designation and redeveloping the lodge into 47 hotel units, 5 free market units, 2 affordable housing units and underground parking facilities from 34 hotel units. The applicant would like to apply to extend the vested rights of the project to secure financial commitments. To receive an extension of vested rights, the applicant must submit an application to Council for approval by resolution at a public hearing. Land Use Code Section(s) 26.304.030 Common Development Review ProceduresRErEIVED 26.308.010 Vested Property Rights , ` v http:l/www.asaenaitkin comldeotsl381citvcode cfm JUN 2 3 1009 Review by: -Staff for complete application CITY OF ASPEN - Referral agencies for technical considerations rpMIUUNITY DEVELOPMENT -City Council Planning Fees: $1470 Deposit for 6 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $245/hour). Total Deposit: $1470 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Signed fee agreement. 6. Pre-application conference summary. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, 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, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 9. An 8 1l2" by 11"vicinity map locating the parcel within the City of Aspen. 10. Additional application material as required for each specific review. (See application packet and land use code) 11. Approved development plans on which vested rights are to be extended. 12. Copies of prior approvals. 13. 10 Copies of the complete application packet and maps. 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 mayor may not be accurate. The summary does not create a legal or vested right. EXHIBIT Old RepnbBc National Title Insurance Company _ ALTA COMMITMENT Oln- Order No. Q387506-2 Schedule A Cust. Ref.: Property Address: 500 WEST HOPKINS AVENUE ASPEN, CO 81611 1. EffectWe Date: January 08. 2007 al 5:00 P.M. 2. Polity to be Issued, and Proposed Insured: "TBD" Commibnent Proposed Insured: TBD 3. The estate ar interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 9. Tint to the estatt or interest covered herein is al the effective dale hereof vested in: ASPEN FSP-ABR. LLC., A DELAWARE LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is desuibed as follows: LOTS K, L, M, N, O, P, Q, R, AND S BLOCK 31 CITY AND TOWNSTTE OF ASPEN COUNTY OF PITKIN STATE OF COLORADO ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q387506-2 The following ace the regoiremeots to he compBed with: Payment to or for the account of the grantors or mortgagors of the fuB considembon for the estate or interest to be iasured. Proper instnunen[(s) creating the estate or interest to be insured most be executed and duly filed for record, to-wil: THIS COMMITMENT IS FOR IIVFORMATlON ONLY, AND NO POLICY WQ-L BE ISSUED PURSUANT HERETO. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMTfMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, )F ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO- ~~ \ / ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q387506-2 The policy or polities to be issued will contain exceptions to the following udess the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or daims of easements, not shown by the public records. 3. D'ucrepancies, cnn}BcB in boundary lines, shortage in area, encroachments, and any facts which a wrrect survey and inspecfion of the premises would disclose and which are not shown by the public records. 9. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not showo by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, creased, lust 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 Commihnent. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. L1ens for unpaid water and sewer charges, if any. 9. DEED OF TRUST DATED JUNE 28. 2005, FROM ASPEN FSP-ABR. LLC., A DELAWARE I-IMTTED LIABILITY COMPANY TO THE PUBLJC TRUSTEE OF PITKIN COUN77 FOR THE USE OF BANK MIDWEST. NA TO SECURE THE SUM OF 00 RECORDED JUNE 29. 2005, UNDER RECEPTION NO. 511778. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS RECORDED JUNE 29, 2D05, UNDER RECEPTION NO. 571779. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF ENTITLEMENT DOCUMENTS AND CONTRACTS RECORDED JUNE 29, 2005, UNDER RECEPTION N0. 511780. 10. FINANCING STATEMENT WITH, BANK MIDWEST, NA THE SECURED PARTY, RECORDED JULY 12, 2005 UNDER RECEPTION N0. 512253. ] 1. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES. 12. RESERVA710NS AND RESTRICTIONS AS CONTAINED 1N DEEDS RECORDED JANUARY 3, 1686 IN BOOK 55 AT PAGE 378 AND RECORDED JULY 30, 1889 [N BOOK 55 AT PAGE ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q387506-2 The polity or policies to be issued w~l contain exuptions to the following unless the same arc disposed of to the salSfaatiioo of the Company: 576 PROVIDWG, "THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, Sll.VER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS, AND PROVIDED FURTHER THAT THIS DEED 1S MADE AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES." 13. TERMS, CONDTfIONS AND PROVISIONS OF ORDWANCE NO. 2, SERIES 1997 TO REZONE SPECIFIC PROPERTIES RECORDED SEPTEMBER 03. 1997 AT RECEPTION N0. 907979. 14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION O8, SERIES 1997 GRANTING A VARIANCE RECORDED SEPTEMBER 23, 1997 AT RECEPTION NO. 406741. I5. TERMS CONDI770N5 AND PROVISIONS OF CITY OF ASPEN ORDWANCE i26 SFAIFS OF 2006 RECORDED TANUARY 02. 2007 AT RECEPTION N0. 532933. EXHIBIT June 12, 2009 Ms. Errin Evans Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Evans: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our vested rights extension application for the Boomerang Lodge Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforemen- tioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN FSP-ABR, LLC, a Delaware limited liability company teve Stunda, Development Manager/Partner 02 North Fourth Street Aspen, CO 81611 (970) 925-7604 Aspen, Co 81612 (970) 948-0813 d:\oldc\bus\city.ItrUtr54509.ee1 ~EGE~VED .IUD 2 3 209 APPLICANT: ;,,~r~, ,S~'~I~ LAND USE ARR~i1~~;3~MER? EXHIBIT Name: ~c~/ ~~~7~-~~ ~~ Location: ~-~ ~r/c~-~~~r/~'/~c,/~ ~/~ (Indicate street address lot & block number, legal descrip tion where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: ~~ ~~ ~~ ~,/ / ~'~--~YiS/ ! W~~~ ~~'<~~ t~, ~~'G Address: ~ ~ ~~/~S ~~ ' ~ Phone #~ L b ~~ y ~.r~f ~~ ~~~ PROJECT: Name: /~~ ` ~ ' {~ ~ 7djGai ~jCSJ'~/'~f~/S~GY~~/~S/7 ~~'J l.~O /r~U~ 'Y Address: ~~ !!~~ , ` ~e'O~t~~7 /'r~6'7 ~T TS Phone #: TvPE of APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion ^ ^ Mountain View Plane Lot Split ^ Temporary Use Lot Line Ad'ustment ^ Text/Ma Amendment ~ ~Opth~er: ~~T~~ ~ Y of existin buildin s, uses, revious a royals, etc. ti n (d es cri o EXISTING COND1T10N S / ~ , ~y ~ ~ } - PROPOSAL: (descri tion of ro sed buildin s, uses, modifications, etc.) ~~~rr ~/'~/'°G/G'lTir~ Have you attached the following? FEES DUE: $~¢~ e-Application Conference Summary attachment #1, Signed Fee Agreement y~{ ^ sponse to Attachment #3, Dimensional Requirements Form [/] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards EXHIBIT 3 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A¢reement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~~ (hereinafter APPLICANT) AGREE AS FOLLOWS: '~ ~ ~ Z0~9 1. Y~PPLIC NT~~~ ittgd to CITY a~lication r~ a~ f~/5 EsX7 (;11 Y ~JF ~Sp~ (;010MGNiT!~ ~lE!IELOPNIENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following [heir hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless curcent billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $/ 7d which is for ~ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director g:\su pport\fo r ms\agrpayas.doc 11/30/04 APPLICANT Date: Billing Address and Telephone Number: RequiredZ ~ S~ ~. ca ~G// yZS-~~- Eary Peel® Labels Use Avery®Template 5160® 501 W HOPKINS LLC PO BOX 8769 ASPEN, CO 81612 604 W EST LLC 604 W MAIN ST ASPEN, CO 81611 ALPINE BANK ATTN ERIC GARDEY PO BOX 10000 GLENWOOD SPRINGS, CO ~ ~ Bend along line to Feed Paper expose Pep-Up EdgeTM 501 WEST MAIN LLC 532 E HOPKINS AVE ASPEN, CO 81611-1818 ALEXANDER JOAN P PO BOX 4818 GRAND JUNCTION, CO 81505 ALPINE BANK ATTN JEAN MOORE 600 E HOPKINS AVE 81602 ASPEN, CO 81611 ANGELOV DIMTAR S & DANIEL D 605 W HOPKINS AVE #209 ASPEN, CO 81611 ASPEN SQUARE CONDO ASSOC INC 617 E COOPER ASPEN, CO 81611 BRIDGE WILLIAM 8 JOSEFINA 2075 SHERWOOD DR CAMBRIA, CA 93428 CARTER RICHARD P 400E 3RD AVE #804 DENVER, CO 80202 CHUCHMAN GEORGE S PO BOX 2800-355 CAREFREE, AZ 85377 CORTALE ITA 205 S MILL ST #112 ASPEN, CO 81611 DUNSDON S MICHAELE BORKENHAGEN DAVID A 617 W MAIN ST #D ASPEN, CO 81611-1619 ASPEN CONDO ASSOC 600 E HOPKINS AVE #304 ASPEN, CO 81611-2934 BARYON META PACKARD 4475 N OCEAN BLVD APT 43A DELRAY BEACH, FL 33483 BROOKS NORMAN A 8 LESLEE S 16311 VENTURA BLVD #690 ENCINO, CA 91436 CHAKERES JOHN B TRUST 3801 KENNETT PIKE C200 GREENVILLE, DE 19807 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 CUMMINS RICHARD 1280 UTE AVE #10 ASPEN, CO 81611 EMERICK SHELLEY W 2449 5TH ST BOULDER,CO 80304 y$~ EXHIBIT 521-523 W HOP HOUSING CONDO ASSOC 521 W HOPKINS AVE ASPEN, CO 81611 ALLEN DOUGLAS P 403 LACET LN ASPEN, CO 81611 AMAYA JOSE ANTONIO ARGUETA BLANCA EDITH 605 W HOPKINS AVE #103 ASPEN, CO 81611 ASPEN MESA STORE LLC C/O ASPEN BLUE SKY HOLDINGS LLC PO BOX 8238 ASPEN, CO 81612 BERR LLC 611 W MAIN ST ASPEN, CO 81611 CARROLL MEREDITH COHEN CARROLL ARTHUR RICHARD 605 W HOPKINS AVE #210 ASPEN, CO 81611 CHRISTIANA UNIT D101 LLC C/O FRANKLIN ST PARTNERS LLC 215 ZOE WY MIAMI, FL 33140 CLEANER EXPRESS 435 E MAIN ST ASPEN, CO 81611 DESTINATION RESORT MGMT INC 610 WEST END ST ASPEN, CO 81611 ERICKSON A RONALD 605 W HOPKINS AVE #211 ASPEN, CO 81611 Etiquettes faciles ~ paler A Repfiaz 3 la hachure afin de www.averycom r rtilicoz la aa6arit AVERY® 5160® ,Sens de^` revEler le tabard Peo-UoTe 1-800-GO-AVERY Easy Peel® Labels ~ ~ Bend along line to ~ A~/ER'Y® 5160® i Use Avery® Template 5160® Feed Paper expose Pep-Up EdgeTe 1 FARR CHARLOTTE FINE FREDRIC N 8 SONDRA FRANSEN ERIN M & GREGORY H 306 MCCORMICK AVE 412 MARINER DR PO BOX 5082 CAPITOLA,CA 95010 JUPITER, FL 33477 GILLETTE, WY 82717-5082 FRIAS PROPERTIES OF ASPEN LLC GARMISCH LODGING LLC GOLDENBERG STEPHEN R & CHERYL J 730 E DURANT 8566 COLLATE AVE 430 W HOPKINS AVE ASPEN, CO 81611 LA, CA 90048 ASPEN, CO 81611 GOLDMAN DIANNE L GORDON LETICIA H 8 H PROPERTIES LLLP PO BOX 518 C/O JOE RACZAK GOLDEN HORN g07 W MORSE BLVD STE 101 FAIRFIELD, CT 06824 555 E DURANTAVE WINTER PARK, FL 32789-3725 ASPEN, CO 81611 HAISFIELD MICHAEL DOUGLAS HAYMAN JULES ALAN NORTON DAYNA L HAISFIELD LISA YERKE 9238 POTOMAC SCHOOL DR 520 W MAIN ST #22 616 W HOPKINS POTOMAC, MD 20854 ASPEN, CO 81611 ASPEN, CO 81611 HY-MOUNTAIN TRANSPORTATION INC IGLEHART JIM IGLEHART JIM 111 C AABC 610 W HALLAM ST 617 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ILGEN EILEEN L ILGEN JACK D 8 ELOISE JEWISH RESOURCE CENTER CHABAD C/0 DAN SODERBERG 17352 HWY 82 #C OF ASPEN 2569 LOWER RIVER RD CARBONDALE CO 81623 435 W MAIN ST SNOWMASS, CO 81654 , ASPEN, CO 81612 JOHNSON STANFORD H JOHNSTON FAMILY TRUST KELLY KIM PO BOX 32102 2018 PHALAROPE 605 W HOPKINS AVE #202 TUCSON, AZ 85751 COSTA MESA, CA 92626 ASPEN, CO 81611 KONIG DEBORAH KELSO DOUGLAS P KOELLE ALICE HANSON KIM 627 W MAIN ST PO BOX 2871 605 W HOPKINS AVE #203 ASPEN, CO 81611-1619 ASPEN, CO 81612 ASPEN, CO 81611 LAST NICKEL LLC KURKULIS PATSY 8 PAUL R LAMB JENNIFER C 8 TIMOTHY E C/O LUCAS PECK BRANDY PC 605 W HOPKINS AVE #201 605 W HOPKINS AVE #204 132 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN, CO 81611 BASALT, CO 81621 LOT 2 BOOMERANG LOT SPLIT LESTER JAMES LITTLE AJAX CONDOMINIUM ASSOC PLANNED COM OWNERS ASSOC 229 CHRYSTIE ST #1417 605 W HOPKINS #006 533 E HOPKINS AVE 3RD FL NEW YORK, NY 10002 ASPEN, CO 81611 ASPEN, CO 81611 Etiquettes faciles a paler ~ Repliaz ~ la hachure afire de Sens de vvvvw.averycom Utilisez le gabarit AVERY® 5160® reveler le rc6erd Pe U Tr rhareement P' P 1-800-GO-AVERY Easy Peel® Labels ~ ~ Bend along line to ~ AVERY® 5160® ; Use Avery® Template 5160® Feed Paper expose Pep-Up EdgeTM 1 MADSEN MARTHA W 608 W HOPKINS AVE APT 9 ASPEN, CO 81611 MARSHALL ALISON J 8 JOSHUA W 605 W HOPKINS AVE #212 ASPEN, CO 81611 MOLLER DIANE T 4032 CRYSTAL BRIDGE DR CARBONDALE, CO 81623 NELSON TREVOR T & ROSE MARIE 605 W HOPKINS #207 ASPEN, CO 81611 NORTHWAY LLC 106 S MILL ST #203 ASPEN, CO 81611 PERRY EMILY V PO BOX 11071 ASPEN, CO 81612 RODRIGUEZ JOANN 605 W MAIN ST #OOA ASPEN, CO 81611 SCHALL FAMILY TRUST 8/31/1998 18518 ST MORITZ DR TARZANA, CA 91356 SHERWIN ENTERPRISES LLC C/O JENNIFER SHERWIN 1714 VISTA ST DURHAM, NC 27701 STARFORD PROPERTIES NV C/O KEON WILLIAM 7321 NW 75TH ST MEDLEY, FL 33166 THROM DOUGLAS H 617 W MAIN ST ASPEN, CO 81611 ULLR CONDO LLC 6450 AVENIDA CRESTA LA JOLLA, CA 92037 NIX ROBERT JR PO BOX 3694 ASPEN, CO 81612 OHARROW SIOBHAN P 605 W HOPKINS AVE #208 ASPEN, CO 81611 RENO ASPEN PROPERTIES LLC 605 W MAIN ST #002 ASPEN, CO 81611 ROLAND DANIEL P 8 LEAH S 605 W HOPKINS AVE #102 ASPEN, CO 81611 SCOTT MARY HUGH RUSSELL SCOTT III & CO LLC 5420 S QUEBEC ST #200 GREENWOOD VILLAGE, CO 80111 SLTM LLC 106 S MILL ST ASPEN, CO 81611 STASPEN LLP C/O JOHN STATON 1180 PEACHTREE ST NE ATLANTA, GA 30309-3521 TODD SHANE PO BOX 2654 ASPEN, CO 81612 ULLR HOMEOWNERS ASSOCIATION 600 E HOPKINS #304 ASPEN, CO 81611 NORTH AND SOUTH ASPEN LLC 200 S ASPEN ST ASPEN, CO 81611 OLIVER SPORTS BRACING LLC 520 W MAIN ST #20 ASPEN, CO 81611 REVA LLC PO BOX 1376 ASPEN, CO 81612 RUFUS CAMI CAMI LLC 1280 UTE AVE #7 ASPEN, CO 81611 SHADOW MTN CORP C/O FINSER CORP 7321 N.W. 75TH STREET MEDLEY, FL 33166 SMITH ANDREW C & DONNA G 3622 SPRINGBROOK ST DALLAS, TX 75205 SUBOTKYJULIE E 55 WEST 14TH ST #15L NEW YORK, NY 10011 TOMS CONDO LLC C/O BRANDY FEIGENBAUM PC 132 MIDLAND AVE #4 BASALT, CO 81621 VANDERSCHUIT FAM TRUST 5836 WAVERLY AVE LA JOLLA, CA 92037 ~tiquettes faciles a paler ~ Repliaz 3 la hachure afin de www.averycom Sens de Utilisez le gabarit AVERY® 5160® chareement rev6ler le rcberd Pep-UpT" 1-800-GO-AVERY Eary Peel® Labels ~ ~ Bend along line to ~ /~VERY® 5160® ~ Use Avery® Template 5160® Feed Paper expose Pep-Up EdgeTM 1 VERNER DANIEL A & MERYLE 2577 NW 59TH ST BOCA RATON, FL 33496 VIEIRA LINDA 50% INTEREST HALL TERESA 50°h INTEREST 0095 LIGHT HILL RD SNOWMASS, CO 81654 WAGNER HOLDINGS CORP LLC C10 BILL POSS 605 E MAIN ST ASPEN, CO 81611 WASHBURN LYNN S TERRELL SERENE-MARIE 605 W HOPKINS AVE #205 ASPEN, CO 81611-1607 WEST ALFRED P JR & LORALEE S 58416475 METAVANTE WAY SIOUX FALLS, SD 57186 YLP WEST LLC 7 SOUTH MAIN ST YARDLEY, PA 19067 WENDT ROBERT E II 350 MT HOLYOKE AVE PACIFIC PALISADES, CA 90272 WHITNEY KURT A & JACQUELINE 6448 E CRABTREE PL YUMA, AZ 85365 YOUNG DONALD L PO BOX 4444 ASPEN, CO 81612 WERLIN LAURA B TRUST 2279 PINE ST SAN FRANCISCO, CA 94115 WINGSTONE TOY COMPANY LLC 12 GREENBRIAR LN PAOLI, PA 19301 YOUNG PAUL III FAMILY TRUST 413 W HOPKINS AVE ASPEN, CO 81611-1603 ;. Etiquettes faciles ~ paler ~ Repliaz 3 la hachure afin de www.averycom Utilisez le abarit AVERY 5160 Sens de reveler le rcberd Pe U 1-B00-G0.AVERY 9 ® ® chargement P- P'" , Resolution No. 18 (SERIES OF 2006) EXHIBIT 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 HOPHINS 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; ~ " " a Reston , VA 20190; represented by Sunny Vann of Vann Associates, requesting approval t O~0 ~ m m of six (6) free-mazket residential growth management allotments, two (2) affordable .~ N ~ m o ° housing growth management allotments, eighteen (18) lodge growth management N allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay, ' a s a 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, i WHEREAS, the site currently contains 34 hotel units in a structure of ~~ ~ z approximately 23,000 squaze feet of Floor Area and surface parking located primarily ~' within the public rights-of--way. The proposed development includes 52 hotel units, 6 free- market residential units, 2 affordable housing units, a 31-space underground parking ~~ ~~o facility, and 17 surface pazking spaces in a structure of approximately 51,000 square feet of ~' Floor Area as defined by the City of Aspen; and, o WHEREAS, the Community Development Deparhnent received referral °~ comments from the Aspen Consolidated Sanitation District, City Engineering, Building ~~a Department, Fire, Streets, Housing, Environmental Health, Pazks 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 standazds 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 maybe granted by the Planning and Zoning Commission at a duly noticed public heazing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision Review approval may be granted by the City Council at a duly noticed public hearing Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 1 after considering recommendations by the Planning and Zoning Commission Community, Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during a regulaz 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-mazket residential gowth management allotments, two (2) affordable housing growth management allotments, eighteen (18) lodge growth management allotments, and recommended City Council Subdivision, Rezoning for a Planned Unit Development Overlay, and Planned Unit Development approval by a four to two (4-2) vote, with the findings contained in Exhibit A of the May 16, 2006, staff memorandum and the conditions of approval listed hereinafter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 • Growth Management Allotments The Planning and Zoning Commission, pursuant to Chapter 26.470 - Growth Management -hereby grants to the Boomerang Lodge Redevelopment project six (6) free-market residential allotments and two (2) affordable housing allotments, and eighteen (18) lodge growth management allotments, subject to the requirements listed hereinafter. Section 2• Recommendation of Approval for Subdivision, Rezoning for PUD Overlay and PUD Final Development Plan The Planning and Zoning Commission, pursuant to Chapter 26.480, 26310, 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: Project Dimensions -rt,o ~ n,,.,,;,,,. ~..,,rn.,,~t A;mrnc;nnc of the nmiect shall be reflected in the Final PUD Plans: °-a Minimum Lot Size 27,000 s.f. Minimum Lot Width 270 ft. Minimum Front Yard Setback 0-5 ft. Minimum Side Yard Setback 0-5 ft. on west 1-5 ft. on east Minimum Rear Yard Setback 0-5 ft. Maximum Height 42 ft. for a flat roof. Appr~mately 30- 35 ft. on east side. ~ . . Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 2 Pedestrian Amenity Space • Total 19% . 1.86:1 = 50,470 s.f. Lodging .97:1 = 26,210 s.f. Non-unit space .35:1 = 9,536 s.f. Commercial N/A Free-Market Residential .475:1 = 12,845 = 25% of total project Affordable Residential .05:1 = 1,452 s.f. Section 4: Trash/Recvclin¢ Area The applicant is encouraged to make sure that the trash storage azea has adequate wildlife protection and to make sure recycling containers aze present wherever trash compactors or dumpsters aze located due to the City's new recycling ordinance requiring haulers to provide recycling in the cost of trash pick-up. Section 5: Affordable HousinH 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 aze 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 maybe amended from time to time. The applicant shall structure and record a deed restriction for the affordable housing units such that an undivided 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. The affordable housing units shall be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance over a period of more than one yeaz. 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 Mitieation Plan N A O w .+~ T w,pO d' ° m m T ~ N O r ma N ~~ to aao 0 ~~ rc o~ ~~ ~Y ~° ~~ ~s h -C -1 ~. ~~ Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 3 hi order to reduce the impacts of additional trip generation and PM10 generated by the project, the project shall provide either: 1) a shuttle service for use by the owners/guests of the residences/hotel, 2) an electric vehicle for use by owners/gusts of the project, 3) secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall join the Transportation Options Program. The Subdivision Agreement shall specify which of these options shall be implemented. The project shall be subject to any transportation related impact fees adopted prior to application for a building permit and any of the above options shall be credited towazds 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 standazd 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 pazking 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 pazcel boundaries to the Geographic Information Systems Deparhnent prior to applying for a building pemvt. 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 standazd requirement of Section 26.445.070.B, the Final P1JD Plans shall include: 1. An illustrative site plan with adequate snow storage azeas and/or snow melted azeas 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 Deparhnent. 3. A sidewalk and curb improvements plan depicting a detached sidewalk with planting buffer along both West Hopkins Avenue and North 5`s 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 detemvned by the City Engineer and the Community Development Duector. The surface parking along West Hopkins Avenue shall be eliminated. The sidewalk shall incorporate accessible ramps according to the current standazds. 4. Design specifications and profiles for public right-of--way improvements. N mm `~ `~ e r 4ms ct °ms r ~ N C N « °m rn. Lna"ms 6 v 0 c c Y 0 0 u Y l a Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 4 5. An architectural chazacter 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, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and a8er 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 26.445.070.0, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of--way with reference to their locations depicted on the Subdivision Plat. 2. In order to secure the performance of the construction and installation of improvements in the public rights-of--way, the landscape plan, and public facilities performance security shall include and secure the estimated costs of proposed right-of--way improvements. 3. A revocable license agreement to use portions of the Fourth Street right-of--way for dedicated parking. 4. A license agreement to use any public rights-of--way, or portions thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per square foot per month for the time period in which the land is to be occupied for construction staging. Section 9: Impact Fees Park Impact Fees of $41,039 shall be assessed. Amendments to the Project or to the fee schedule adopted prior to issuance of a building pemut shall require a new calculation. The following fee total is based on the current proposal and fee schedule: Pazk 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 ~, N 8 9 ~..m T W b m O ~ 0 N N t \ O r a N ~m Lt) a" m m m n rc 0 Y C a J O Q U N O Y V a Planning and Zoning Commission Resolution No. 16, Series of 2006 Page 5 Pazk 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 2three-bedroom units @ $3,634 per unit =$7,268 Total Credit = ($59,523) Total Pazk Impact Fee Due = $42,834 School Land Dedication Fees aze assessed based on one-third the value of the urtimproved 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 acash-in-lieu payment shall be accepted. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. Other Impacts Fees. The project shall be subject to amendments and additions to the Impact Fee Chapter of the Land Use Code adopted prior to the application for a building permit. Section 10: Water Department The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standazds of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Deparhnent. 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: 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 constmction. 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 maybe required for this project to be funded by the applicant. 4. All cleaz water connections aze prohibited (roof, foundation, perimeter, patio drains), including entrances to underground pazking gazages. 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. Oil and Sand sepazators are required for public vehicle pazking garages and vehicle maintenance facilities. M N mm E z- b. E) E ~ ° p E T ~ ry ~ r •~ a N mm ~ ~ E E 0 Planning and Zoning Commission Resolution No. 18; Series of 2006 Page 6 8. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system: 9. Plans for interceptors, sepazators and containment facilities require submittal by the applicant and approval prior to building permit. 10. When new service lines aze required for existing development the old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. i 1. Below grade development may require installation of a pumping system. 12. Generally one tap is allowed foreach building. Shazed 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 azea of concern in order to fund the improvements needed. Section 12: Pre-Construction Meeting Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and 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 Pemut, Foundation Permit, Access Infrastructure permit, Demolition pemut, 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 Deparhnent, City Pazking Department, and the City Engineering N as ..~~ T W b ~ d °mm r rci~ -~ .. N iw ~ Ifl nom m ~~ ~~ ~ ~~ 0 -~~ U ~~ T i ~~;; ~~ u ~~~ z ~~ ~u -- J ~~o - U ~~ o ~~> ~~~ Y ~~ W U =Q Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 7 Deparhnent. 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 azeas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. For projects greater than one acre in size a fugitive dust control plan must be submitted to the Colorado Department of Public Health and Environment (CDPHE), Air Quality Control Division. N 5. Recycling facilities, in addition to trash facilities, for the period of construction. mm r . ~ m Section 14: Building Permit Requirements ~ ~ ° ° The building pernut application shall include/depict: r ~ N ^ N iA m 1. A signed copy of the 5na1 P&Z Resolution and Council Ordinance granting land use m~ ~ ° m m approval. -~+ 2. A letter from the primary contractor stating that the approving Resolution and ~ Ordinance have been read and understood. 0 3. The conditions of approval shall be printed on the cover page of the building permit ~. i; set. x 4. A completed tap pemut for service with the Aspen Consolidated Sanitation District. 5. Aright-of--way improvement plan depicting physical improvements to the right-of--way o including design specifications and profiles. All improvements shall comply with the a City's requirements for accessibility. N 6. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan for approval by the City Pazks 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, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground rechazge system is required, a soil percolation report will be required to correctly size the facility. A 2-yeaz storm frequency should be used in designing any drainage improvements..Off-site improvement shall be done in coordination with the City Engineer. 9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New buildings may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 8 10. An asbestos inspection report. Prior to remodel, expansion or demolifion 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 pemuts until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. A tree removal permit, as applicable. 12. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed azeas 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 orutility easements. m o 14. A construction site management and pazking plan meeting the specifications of the ~ m City Building Department o ~ o r m N ° Prior to issuance of a building pemmt: N rn: tD a m m 1. All tap fees, impacts fees, and building permit fees shall be paid. m v, 2. The location and design of standpipes, fire sprinklers, and alarms shall be ~ acceptable to the Fire Marshall. 0 U i Section 15: Noise During Construction 'g 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 a 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 a the neighborhood. The applicant should be aware of this and take measures to minimize N the predicted high noise levels. 0 w Section 16: Condominiumization a Condominiumization of the Project to define sepazate 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 awazded, 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 aze 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. Secfion 19: ff 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 regulaz meeting on ,1 ~ 2006. APPROVED AS TO FORM: Da Hoefer, Asst. City A omey PLANNING AND ZONING COMMISSION: Jasmine Tyge, Cllair ATTEST: ,~ ckie Lothian, eputy City Clerk C:\home\Current Planning\CASES\Boomerang Lodge\Reso.doc I IIIIII IIIII IIIIII IIII IIIIIII III IIIIIII III IIIIII III IIII 8/04 ~2006rI0 23~ JRNICE K VOS CRUDILL PITKIN COUNTY CO R 51.00 D 0.00 Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 10 EXHIBIT 8 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 HOPHINS 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 liy Sunny Vann of Vann Associates, requesting approval of six (6) free-mazket 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 pazking located primarily within the public rights-of--way. The revised development includes 47 hotel units, 5 free- market residential units, 2 affordable housing units, a 31-space underground pazking facility contained within a building of approximately 44,915 squaze feet of floor azea as defined by the City of Aspen, and a surface parking azea 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, Enviromnental Health, Pazks 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 standazds 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 maybe 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, Seties of 2006 - 1 - .., WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during a regular meeting on April I1, 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 heazd and approved the request for six (6) free-mazket 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 Manas:ement 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: Apprdval for Subdivision, Rezoning for PUD Overlay, and PUD Final Development Plan Pursuant to Chapter 26.480, 26.310, and 26.445 -Subdivision, Rezoning, and Planned Unit Development, respectively -the City Council grants Subdivision approval, rezoning for a Planned Unit Development Overlay, and Planned Unit Development Final Development Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter. Section 3: Proiect Dimensions The following approved dimensions of the project shall be reflected in the Final PUD Plans: -• ~- •• Minimum Lot Size 6,000 s.f. 27,000 s.f. 27,000 s.f. Minimum Lot 60 ft 270 ft. 270 ft. Width Minimum Front 5 ft. 10-70 ft. (varies) 5 ft. Yard Setback (Hopkins) Minimum Side 5 ft. 6 ft. on west 5 ft. on west Yard Setback 1-5 ft. on east 4 ft. 3 in. on east (existing building) 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 Lodging) heights vary and are set in this PUD plan Parking Set in PUD 31 surface (all but 1 31 underground and partially in r.o.w) 12 @ surface (partialy in r.o.w.) Floor Area Ratio/Size: Total Set in PUD .85 = 23,000 s.f. .1.66:1 = 44,915 s.f. Lodging Set in PUD .85 = 23,000 s.f. .87:1 = 23,547 s.f. Ave. Lodge Size Set in PUD-500 sq. 340 s.f. 501 s.f. ft.desirable Free-Market 25% of total project N/A .39:1 = 10,733 = Residential Floor Area 24% of total project Affordable No FAR limit N/A .05:1 = 1,384s.f. Residential Section 4: Trasb/Recvcline Area The applicant shall ensure that the trash storage azea has adequate wildlife protection and to make sure recycling containers aze present wherever trash compactors or dumpsters aze located due to the City's new recycling ordinance requiring haulers to provide recycling in the cost of trash pick-up. Section 5: Affordable Housin¢ 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 aze 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 maybe amended from time to time. The applicant shall structure and record a deed restriction for the affordable housing units such that an undivided 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. City Council Ordinance No. 26, Series of 2006 - 3 - The affordable housing units shall be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCI-IA deems the units out of compliance over a period of more than one yeaz. 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 Miti¢ation Plan in order to reduce the impacts of additional trip generation and PM10 generated by the project, the project shall provide either: 1) a shuttle service for use by the owners/guests of the residences/hotel, 2) an electric vehicle for use by owners/gusts of the project, 3) secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall join the Transportation Options Program. The Subdivision Agreement shall specify which of these options shall be implemented. A fleet of five (5) bicycles shall be provided for use by the lodging guests. The project shall be subject to any transportation related impact fees. adopted prior to application for a building permit and any of the above options shall be credited towazds 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 standazd 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 pazking 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 pazcel 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 azeas 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 Pazks Deparhnent. City Council Ordinance No. 26, Series of 2006 - 4 - 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 detemuned by the City Engineer and the Community Development Director. The surface pazking along West Hopkins Avenue shall be eliminated. 4. An azchitectwal chazacter plan demonstrating the general architectwal chazacter 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 26.445.070.0, the provisions & conditions of this ordinance, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of--way with reference to their locations depicted on the Subdivision Plat. 2. In order to secwe the performance of the construction and installation of improvements in the public rights-of--way, the landscape plan, and public facilities performance security shall include and secwe the estimated costs of proposed right-of--way improvements. 3. A revocable license agreement to use portions of the Fourth Street right-of--way for dedicated pazking. 4. A license agreement to use any public rights-of-way, or portions thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per squaze foot per month for the time period in which the land is to be 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 Development: 47 bodge Units (studio units) @ $1,520 per unit =$71,440 3 two-bedroom residential units @ $2,120 per unit = $6,360 2 three-bedroom residential units @ $2,725 per unit = $5,450 Total = $83,250 Park Fees -Credit for Existing Development: 34 Lodge Units 29-studio units @ $1,520 per unit =$44,080 3 two-bedroom units @ $2725 per unit =$8,175 CiTy Council Ordinance No. 26, Series of 2006 - 5 - p-~ \._ 2 three-bedroom units @ $3,634 per unit =$7,268 Total Credit = ($59,523) Total Pazk Impact Fee Due = $23,727 School Land Dedication Fees aze 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 acash-in-lieu payment shall be accepted. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. Other Impacts Fees. The project shall be subject to amendments and additions to the Impact Fee Chapter of the Land Use Code adopted prior to the application for a building permit. Section 10: Water Department The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Deparhnent. 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: 1. Service is contingent upon compliance with the District's rules, regulations, and specifications, which aze 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 maybe required for this project to be funded by the applicant. 4. All cleaz water connections aze prohibited (roof, foundation, perimeter, patio drains), including entrances to underground pazking 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 aze required for public vehicle pazking gaza8es and vehicle maintenance facilities. 8. Glycol snowmelt and heating systems must have containment provisions and must preclude dischazge to the public sanitary sewer system. 9. Plans for interceptors, sepazators and containment facilities require submittal by the applicant and approval prior to building permit. City Council Ordinance No. 26, Series of 2006 - 6 - 10. When new service lines aze 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 Bade development may require installation of a pumping system. 12. Generally one tap is allowed for each building. Shazed service line agreements may be required where more than one unit is served by a single service line. 13. Permanent improvements aze prohibited in azeas 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 azea of concern in order to fund the improvements needed. Section 12: Pre-Construction Meeting Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and 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 Pemrit, Foundation Pemut, 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 pazking 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 Pazlang 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 - encourages open communication between project representatives and the neighbors such that day-to-day issues can be resolved without involving the City. 4. A Fugifive Dust Control Plan which includes, but is not limited to fencing, watering of haul roads and disturbed azeas, 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 Deparment 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 Renuirements The building pernut application shall include/depict: 1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Resolution grid 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. Aright-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 standazds of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground rechazge system is required, a soil percolation report will be required to correctly size the facility. A 2-yeaz 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 pemut. 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 bunvng 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 - 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 azeas 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 Deparhnent of Public Health and Environment Air Quality Control Division may also be necessary. 13. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets. The City will not approve of soil nails into public right-of- way or utility easements. 14. A construction site management and pazking 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 standazds and meet with the approval of the City Engineer. 16. A utility plan meeting the standazds of the City Engineer and City utility agencies. 17. A grading/drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground rechazge system is required, a soil percolation report will be required to correctly size the facility. A 2-yeaz 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 I5: Noise During Construction During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. City Counci] 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 Wine" 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 azea of the structural east wing along the alley, Fourth Street and Hopkins Avenue, also including the outdoor pool and spa azea. 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 awazded, whether in public hearing or documentation presented before the Planning and .Zoning Commission aze 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's day of June, 2006. ~-' , ATTEST: City Council Ordinance No. 26, Series of 2006 - 10 - ,~ . athryn S. R Ci erk F'IN LY, adopted, passed~'~pa~~d~approved this 28`h day of s 0 . ~d~~~ts~ Kathryn S. ~ty Clerk elen Ka in ru or APPROVED AS TO FORM: /) ~ ttomey City Council Ordinance No. 26, Series of 2006 - 11 - »;. ORDINANCE N0.21 ' (SERIES OF 2007) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING HISTORIC DESIGNATION FOR A PORTION OF THF. BOOIVIERANG LODGE PROPERTY LOCATED AT 500 W. HOPKINS AVENUE, LOTS K-S, BLOCK 31, CITY AND TOWNSITE OF ASPEN, COLORADO PareellD #:2735-124-49-002 WHEREAS, the applicant, Aspen FSP-ABR, LLC, owner, represented by Michael }loffman, Sunny Vann, and Reno- Smith LLC, has initiated Historic Designation review for a portion of the property located at 500 W. Hopkins Avenue, Lots K-S, Block 3 1, City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code esrtablishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmazk Sites and Structures shall be approved if City Council, after a recommendation from HPC, determines sufficient evidence exists that the property meets the criteria; and WHEREAS, Amy Guthrie, in her }IPC staff report dated April 25, 2047, performed an a'"`' analysis of the application based on the standazds, found that the review standards had "' been met, and recommended approval; and WHEREAS, at their regular meeting on April 25, 2007, the }listoric Preservation Commission considered the application, found the application was consistent with the review standards and reconunended approval' of the application by a vote of 4 to 0; and WHEREAS, the City Council finds that the application meets or exceeds all applicable standazds and that the addition of a portion of the Boomerang Lodge as a historic landmark to the Aspen Inventory of Historic Landmark Sites and Structures is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 The City Council finds that the application is complete and sufficient to afford review and evaluation for approval; and s.., _. ~~; _„_ W ...,_ . _ . Section 2 The City Council does hereby approve designation of a portion of the property located at 500 W. Hopkins Avenue, Lou K-S, Block 31, City and "fownsite of Aspen, Colorado, as defined in Exhibit A, to the Aspen Inventory of 1-fistoric Landmazk Sites and Structures. Section 3: 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 construed and concluded under such prior ordinances. Section 4: 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public heazing on the ordinance will be held on the 11"' day of June, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 6: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as pr v ', by the City Council of the City of Aspen on the 14's day of May, 2007. elen a ' 1 derud, Mayor A ; Kathryn S. K ~, City Clerk FINALLY, adopted, passed and approved this 1 ]`" day of June,' Or~ J f ,( elen K landerud, Ma af~ 'Kathryn S. K~o~, City Clerk Approved-a form: r ,~~ 3o~P. `Vorces er, City Attorney ~' Exhibit A- Map of Lots K-S, Block 31, City and 1'ownsite of Aspen, showing portion of "~`"~ roe designated as a Historic Landmark. P P m' ."f ~",P§idr'yMF+.._ iu 1KFr uYi: `='~'. ++k°~"'"'~ FI LL$ AST'ciN FACADE AND POOL c~g~EGT TG HPG PURVIErti NEiY 6UI'LDING EXHIBIT ~~ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right- shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall. be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development. plan as described below. Fountain Souaze Properties, 11921 Freedom Drive Sutie 950 Reston VA 20190 Property Owner's Name, Mailing Address and telephone number 500 West Hopkins Avenue, legally known as Lots K-S of Block 31 City and Townsite of Aspen, Pitkin County, Colorado Legal Description and Street Address of Subject Property The Applicant received approval of a Planned Unit Development and Subdivision aloes with various other land use approvals to allow for the redevelopment of the Boomerane Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen. Citv Council. Ordinance No. 26 Series of 2006 approving the PUD/Subdivision and related land use approvals associated with and necessary for the development plan Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 20.2006 Effective Date of Development Order (Same as date of publication of notice of approval.) October 20.2009 Expiration Date of Development Order (1'he extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.0]0 of the City of Aspen Municipal Code.) Issued this 13th day of October, 2006, by the City of Aspen Community Development Director. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan for the Boomerang Lodge, creating a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 500 West Hopkins Avenue, legally known as Lots K-S of Block 31, City and Townsite of Aspen, Pitkin County, Colorado, by Ordinance No. 26, Series of 2006 of the City Council of the City of Aspen, approved on August 28, 2006. The Applicant received approval of a Planned Unit Development and Subdivision along with various other land use approvals to allow for the redevelopment of the Boomerang Lodge consisting of 47 condominiumized lodge units, 5 free mazket residential units and 2 affordable housing units, appurtenant infrastructure, landscaping and pazking. For further information contact Joyce A. Allgaier, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2754. s/ City of Aspen Publish in The Aspen Times on October 20, 2006 EXHIBIT ~~ VANN ASSOCIATES, LLC Planning Consultants February 13, 2007 HAND DELIVERED Mr. Chris Bendon, Director Community Development Deparhnent 130 South Galena Street Aspen, CO 81611 Re: The Boomerang Lodge Subdivision/PUD Recordation Deadline Dear Chris: Please consider this letter a formal request to extend the recordation deadline for the final plat, final PUD development plan, and associated documents for the Boomerang Lodge Subdivision/PUD. The request is submitted pursuant to Sections 26.480.070. E. and 26.445.070.A. of the Land Use Regulations by Aspen FSP-ABR, LLC, the project Applicant. The above regulations permit the Community Development director to extend the deadline if the request is submitted within the approval's vested rights period and there is a community interest for granting the extension. The subdivision/PUD documents for the project are required to be recorded within 180 days of the receipt of final City Council approval. Final PUD approval, and all associated review approvals, was granted by the Council on August 28, 2006, pursuant to Ordinance 26, Series of 2006. Consequently, the subdivision/PUD documents must be recorded no later than February 24, 2007. All of the required recordation documents were submitted to the City for review and comment on February 13, 2007. While we hope that the Community Development and Engineering Departments will be able to complete their review in a timely manner, revisions may be required to address any issues which may arise. It should also be noted that the various documents require signature by numerous individuals due to the complexity of the project, and that the documents must be circulated both locally and out of state prior to recordation. As the project's vested rights status remains in full force and effect, and the redevel- opment of the Boomerang Lodge is clearly in the community's best interest, I would appreciate it if you would extend the recordation deadline as provided for in the 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 . ~ . Mr. Chris Bendon February 13, 2007 Page 2 Regulations. While we are amenable to any reasonable extension period, a thirty (30) day extension of the original February 24 deadline would appear sufficient to accom- modate the City's review process and any changes to the documents which may result therefrom. The extended recordation deadline, therefore, would be March 26, 2007. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANNASSOCIATES. LLC C~~IIAI~ ~~ (~,- Vann, AICP cwv APPROVED cc: Steven R. Stunda E. Michael Hoffman, Esq. FEB 1 3 2007 COMMUNITVDEVELOPMENTDIRECTOR CITYOFASPEN c:\oldc\bus\ciry.ltr\Itr48905.cb I f "°, / °y 4 ,.~ ~yy' MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Errin Evans, Current Planner /~ THRU: Chris Bendon, Community Development Director/ ~// /~„ DATE OF MEMO: August 3, 2009 Li1'/V ~1' ~ MEETING DATE: August 10, 2009 RE: Boomerang Lodge - 500 West Hopkins Avenue -Vested Rights Extension Public Hearing of Resolution No. ~ Series of 2009 SUMMARY: The Applicant requests of the Council to approve the extension of vested rights of an approval for five yeazs. The current approval is vested through October 20~h, 2009. A five year extension would vest the approval through October 20`h, 2014. The project consists of constructing a total of 47 hotel units, two affordable housing units and six free market units, surface and sub grade parking. APPLICANT /OWNER: Aspen FSP - ABR, LLC REPRESENTATIVE: Sunny Vann, Vann and Associates, LLC LOCATION: 500 W Hopkins Avenue; Legal Description - Boomerang Lodge Subdivision Planned Unit Development, Parcel Identification Numbers - 2735- 124-49-002 CURRENT ZONING cSC USE Located in the Medium Density Residential (R-6) zone district that contained the original Boomerang Lodge. A portion of the original lodge received a historic designation and still remains. PROPOSED LAND USE: The Applicant originally received approval for a total of 47 hotel units, two affordable housing units, six free market units and a combination of surface and sub grade parking in a structure that is approximately 44,915 square feet of floor area. The applicant requests that Council approve an extension of vested rights. STAFF RECOMMENDATION: Staff recommends that the Mayor and City Council approve the request to extend vested rights for the Boomerang Lodge Subdivision Planned Unit Development for three Years, until October 20'h, 2012. ~ ~ ;~ f ~ 'te' , '~`_ t .-_'. ~- ~ ~_ i ~, ~x ~~ ~~ ri~ ~ ~ -,..,.~ "sue I x '~ ' , ., ~, ., ,... ~ . ~ ,,. /i~~ Subject property. Revised 8/3/2009 Page 1 of 5 ~"°' ~ ~. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the City Council: • Extension or Reinstatement of Vested Riehts The City Council may by resolution at a public hearing noticed by publication, mailing and posting (see section 26.304.060(E)(3)(a)(b)(c) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this section. City Council is the final review authority who may approve or deny the proposal. PROJECT SUMMARY: The applicant has requested an extension of their vested rights for five years for the project approved by Ordinance No. 26, Series of 2006, which allows for the partial demolition of the Boomerang Lodge except for the historic preservation resource and constructing an additional eighteen hotel units for a total of 47 hotel units, two affordable housing units, six free market units and a combination of surface and sub grade parking (See Figure 1 for Vicinity Map and see Figure 2 for rendition of the project). Revised 8/3/2009 Page 2 of 5 (v R'p~E ~ 2^ t0 100 15U 2Pp JJ Su hject Parcel * Feet $ Figure 1: Vicinity Map ,--,. ,~, 'e , ...,, qtr. Y ~% Figure l: Rendition of Proposed Project The applicant has already removed the relevant portion of the old structure and starting preparing the site for the new construction. The plats and the subdivision/PUD agreement have been recorded as required. The applicant has also submitted plans for building permit review. Because of current economic conditions, the applicant states that they are unable to obtain financing at this time and receiving an extension of vested rights is essential to their ability to proceed. The ordinance approved by Council, vested the approval until October 20`h, 2009. The applicant requests that the Council extend the approval for an additional five years. This would vest the approval through October 20`h, 2014. STAFF COMMENTS: Vested Rights Extension: The applicant is requesting an extension of their vested rights until October 20`h, 2014 pursuant to Section 26.308.010 C. of the Land Use Code. The applicant is requesting the extension of the vested rights because they have been unable to secure financial commitments for the final stages of construction. Though the applicant is asking for an extension of five years, the Community Development Department feels that three years would be adequate. The staff would like to note that the applicant is permitted to again come for review before Council for another extension if three years is not adequate to complete the project. Staff believes that the project is worthy of an extension of vested rights. The project assists in meeting the goals of the Aspen Area Community Plan by providing protection for a historic resource and providing more lodging units. Staff would like to ensure that the historic resource Revised 8/3/2009 Page 3 of 5 THE 900MERANG LODGE ASPEN, COLORADO ., a does not deteriorate and recommends that monitoring the remaining portion of the Boomerang Lodge becomes a condition of approval for an extension of vested rights. The dimensional requirements including floor area ratios and height were negotiated during the Planned Unit Development process so you will note that they differ from the underlying zone district requirements. This property was unique because it consisted of an existing lodge located in the residential district. The negotiated dimensional requirements for the PUD resulted in the following differences; the minimum side setback on the east side is 4'3" from 5 feet, the maximum height is 36'6" from 25 feet and the floor area was altered from one single family dwelling to a lodge for a combined ratio of 1.66:1 or 44,915 square feet of floor area. The mitigation requirements for growth management have changed since 2006, when this project was approved. During the original approval, the applicant's mitigation obligations were to create 2 affordable housing units for the creation of the free market units. At that time they were not required to mitigate for the hotel units. If approved today, the applicant would be required to provide mitigation for 0.3 employees per hotel unit or in this case: 0.3 multiplied by 18 new units for a generation rate of 5.4 employees in addition to the mitigation required for the free market units. Under the current Code, the lodge would still able to negotiate the dimensional requirements under a Planned Unit Development Review. Also note that the impact fees have already been established at 2007 rates for this project because the building permit has already been submitted. RECOMMENDATION: While reviewing the proposal, staff believes that the application provides a project that will contribute to the lodge inventory and the remaining portion of the Boomerang Lodge is a valuable asset the historic resources of the City. Community Development Department staff recommends that the City Council approve the request to extend the vested rights for an additional three years with the following conditions: 1. That the establishment herein of a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to the land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption is granted in writing. 2. That the Historic Preservation staff be allowed on site to view the current condition of the designated historic resource and be permitted to conduct follow up visits to ensure that the resource is not becoming damaged. The applicant is responsible to maintain the condition of the historic resource. CITY MANAGER'S COMMENTS: Revised 8/3/2009 Page 4 of 5 ,._ ~, .. RECOMMENDED MOTION: "I move to adopt Resolution No. ~, Series of 2009." ATTACHMENTS: Exhibit A -Staff Findings Exhibit B -Public Comments Exhibit C -Application Revised 8/3/2009 Page 5 of 5 ~.°, ti.: .-,, EXHIBIT A 26.440.050 Review Standards for development in a Specially Planned Area In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any condition requiring performance prior to the date of application for extension or reinstatement; To date, the applicant has completed the conditions of approval required for Ordinance 26, Series of 2006. The applicant has entered into a .subdivision improvement agreement with the City and recorded the document and recorded the plats for the Planned Unit Development. The applicant has also submitted building permits and demolished portions of the building necessary to proceed with construction. Staff finds this criterion to be mel. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; The applicant has spent approximately $'2,90Q000 on architectural, planning and engineering fees and building permit submittals to date. The applicant has been working to secure financing to keep the project moving forward. Impact fees that have already been established at 2007 rates will be collected when the applicant receives the building permit. Stafffnds this criterion to be met. c. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or dedications; The applicant ,finished approvals to designate the relevant portion of the project as a historic structure. Staff finds this criterion to be met. d. The needs of the City and the applicant would be served by the approval of the extension or reinstatement request. The applicant, staff, Planning and Zoning Commission, and Council have spent countless hours arranging for the approvals of this project. Staff finds this criterion to be met. Revised 8/3/2009 Page 1 of l Errin Evans ~~~ g~T 3 From: idinteriors@sopris. net Sent: Wednesday, July 29, 2009 1:31 PM To: Errin Evans Subject: 500 West Hopkins To: Errin Evans, We received your Public Notice regarding the Boomerang Lodge. We will not be able to attend the meeting, but would like to weigh in on the request. We are of the opinion that the Boomerang's problems are not related to the recent downturn in the economy, but they were in trouble well before that occurred. If you give special treatment to one concern, it needs to be passed along to others. Our business is off as well and we see no immediate end. How can you help us as well? Please send us more information about the meeting so that we may know if we are out of line in our thinking. 617 West Main Street Unit D Aspen, CO 81611 P: (970)925-4342 F: (970)920-4753 id i nteriorsaspen.com PT._1 •+..+ ~xH~ ~ iT ~ REI~EIVED VANN ASSOCIATES, LLC Planning Consultants June 22, 2009 HAND DELIVERED Ms. Errin Evans Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 t~~t~" ~ 3 2009 Re: Boomerang Lodge Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the Boomerang Lodge Subdivision/PUD, a mixed-use condominium lodge/residential project which has been approved for development on Lots K through S, Block 31, City and Town- site of Aspen (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The project's street address is 500 West Hopkins Avenue. The application is submitted pursuant to Section 26.308.O10.C. of the Aspen Land Use Regulations (the "Regulations") by Aspen FSP-ABR, LLC (hereinafter "Appli- cant"), the owner of the property (see Exhibit 2, Title Insurance Commitment). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. Aland use application form, an application fee agreement, and list of property owners located within 300 feet of Lot 1 are attached as Exhibits 4, 5 and 6, respectively. Background Lodge, free market residential, and affordable housing GMQS allotments were granted to the project by the P&Z on June 13, 2006 pursuant to Resolution No. 18, Series of 2006 (see Exhibit 7). Final PUD approval; subdivision and condominiumiz- ation approval; a rezoning; and vested property rights were granted to the project on August 28, 2006 pursuant to City Council Ordinance No. 26, Series of 2006 (see Exhibit 8). On June 11, 2007, the City Council designated a portion of the project site as a Historic Landmark pursuant to Ordinance 21, Series of 2007 (see Exhibit 9). A Development Order for the project was issued by the Community Development Department on October 13, 2006 (see Exhibit 10). As the Development Order indicates, the project's approvals are presently vested until October 20, 2009. 230 East Hopkins Ave. Asper., Colorado 81611 970/925-6958 Fax 970/920-9310 ,r"'w a. . Ms. Emn Evans June 22, 2009 Page 2 Vested Rights Extension Pursuant to Section 26.308.O10.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring perfor- mance prior to the date of application for extension or reinstatement; Section 7 of Ordinance No. 26 required the Applicant to record a subdivision plat and final PUD plans memorializing the Boomerang Lodge Subdivision/PUD's development approvals within 180 days of the Ordinance's adoption. Similarly, Section 8 of the Ordinance required the recordation of a subdivision/PUD agreement within the same time period. A 30 day extension of the recordation deadline was granted by Chris Bendon on February 13, 2007 (see Exhibit 11) and the plat, PUD plans, and subdivision/PUD agreement were recorded with the Pitkin County Clerk on March 21, 2007. In addition to the above, Section 17 of Ordinance No. 26 required the Appli- cant to initiate the designation of the east wing of the former Boomerang Lodge as a Historic Landmark prior to recordation of the project's subdivision plat. An applica- tion for historic designation was submitted on February 9, 2007 prior to the plat's March 21, 2007 recordation date. As noted previously, the relevant portion of [he project site was officially designated by the City Council on June 11, 2007 pursuant to Ordinance No. 21. 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The Applicant has made diligent efforts to obtain the requisite building permits for the project. These efforts included, inter alia, the preparation and recording of all necessary subdivision/PUD documentation, the development of final architectural and engineering plans and specifications, requisite environmental testing, the demolition of the non-historic portion of the former Boomerang Lodge, and the submittal of various building permit applications and related materials to the City's Building Department. Aggregate expenditures made by the Applicant in connection therewith total approxi- mately $2,900,000.00. F ., Ms. Errin Evans June 22, 2009 Page 3 It is our understanding that the City has completed its review of the project's building permit application, and issuance of the permit could occur upon the Appli- cant's payment of all remaining associated fees. A 180 day extension of the of the building permit application, however, has been requested by the Applicant and granted by the Building Department. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. In addition to the historic designation of a portion of the former Boomerang Lodge, the Applicant has previously paid tree mitigation, water tap, and sanitation impact fees to the City and the Aspen Consolidated Sanitation District totaling approximately $291,079.00. Approximately $140,127.00 in additional school, park, and TDM/air quality impact fees will paid at building permit issuance. 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Progress on the redevelopment of the Boomerang property has halted due to the current nationwide economic climate and the inability of the Applicant to obtain construction financing for the project. No community benefit would result from the expiration of the project's vested rights as such rights are essential to the ability of the Applicant to continue to pursue financing and to resume development of the project. Given current economic conditions, and the uncertainty as to when project financing will become available, the Applicant respectfully requests that vested property rights for the Boomerang Lodge Subdivision/PUD be extended for a period of five years from October 20, 2009, or until October 20, 2014. As it is presently unknown when development will resume, the Applicant will agree to reclaim the disturbed portion of the site to include removal of a majority of the construction fencing and the regrading and seeding of the disturbed area. Fencing, however, must remain around the historically designated portion of the former lodge. The fencing is a condition of the Applicant's insurance carrier and is required to prevent unauthorized access to the building, to prevent vandalism, and to secure the building's outdoor pool area. --~ w, , Ms. Errin Evans June 22, 2009 Page 4 Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ~SOCIAT'ES, LLC AICP SV cc: Steve Stunda d:\oldc\bus\city.app\app54509.ext EXHIBIT CITY OF ASPEN / PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Errin Evans, 429-2745 DATE: 06.11.2009 PROJECT: 500 West Hopkins Avenue (Boomerang Lodge) -Extension of Vested Rights REPRESENTATIVE: Sunny Vann Tel: 925-6958 DESCRIPTION The Applicant would like to request an extension of vested rights for the redevelopment of the Boomerang Lodge project. The project consists of retaining a portion of the building with a historic designation and redeveloping the lodge into 47 hotel units, 5 free market units, 2 affordable housing units and underground parking facilities from 34 hotel units. The applicant would like to apply to extend the vested rights of the project to secure financial commitments. To receive an extension of vested rights, the applicant must submit an application to Council for approval by resolution at a public hearing. Land Use Code Section(s) 26.304.030 Common Development Review Procedures 26.308.010 Vested Property Rights http:l/www.asaenaitkin com/dents/38/citvcode cfm Review by: -Staff for complete application - Referral agencies for technical considerations -City Council Planning Fees: $1470 Deposit for 6 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $2451hour). Total Deposit: $1470 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Signed fee agreement. 6. Pre-application conference summary. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, 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, contracts and agreements affecting the parcel, and demonstrating the owners right to apply for the Development Application. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 9. An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen. 10. Additional application material as required for each specific review. (See application packet and land use code) 11. Approved development plans on which vested rights are to be extended. 12. Copies of prior approvals. r "" 13. 10 Copies of the complete application packet and maps. 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 mayor may not be accurate. The summary does not create a legal or vested right. ,, EXHIBIT Old Republic National Ti0e Insurance Company _ ALTA COMMITMENT Ottr Order No. Q387506-2 Schedule A Cust. ReC: Property Address: 500 WEST HOPKINS AVENUE ASPEN, CO 81611 I. Effective Date: lama 2007 al 5:00 P.M. 2. PoBcy to he Issued, and Proposed Insured: "TBD" Commitinent Proposed Instued: TBD 3. The estate or interest in the land described or referred to in this Conwitment and covered herein is: A Fee Simple 9. Tifk to the estate or interest covered herein is at the effective dale hereof vested in: ASPEN FSP-ASR, LLC., A DELAWARE LIMITED LIABILITY COMPANY 5. The land referred to in this Comoutmenl is desaibed as follows: LOTS K, L. M, N, O, P. Q, R, AND S BLOCK 31 C1TY AND TOWNSTI-E OF ASPEN COUNTY OF PITKIN STATE OF COLORADO ~. ~~ ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q381506-2 The foUowing 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 insWmen[(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR QdFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES ANDlOR CHARGES REFLECTED HEREIN. IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ~A ~, , ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q387506-2 The poBcy or polities to ht issued wr'0 contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rlghis or claims of parties in possession not shown by the public records. 2. Easements, or dairrs of eaements, not shown by the public records. 3. Discrepancies, rnnlllds in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 9. Any Ben, or right to a lien, for services, labor or material theretofore of hereafter furnished, imposed by law and not shown 6y the public records. 5. Defects, liens, encumbrances. adverse claims or other matters, if any, created, Cost appearing in the public records or attaching subsequent to the effective date hereof but prior to the dale the proposed insured acquires of record for value the estate or interest or mortgage (hereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and specie] assessments not yet certified to lbe Treasurer's office. 7. Any unpaid taxes or assessments against said ]and. 8. Liens for unpaid water and sewer charges, if any. 9. DEED OF TRUST DATED JUNE 28, 2005, FROM ASPEN FSP-ABR, LLC., A DELAWARE LIMTTED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF BANK MIDWEST, NA TO SECURE THE SUM OF 00 RECORDED JUNE 29, 2005, UNDER RECEPTION N0. 511778. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS RECORDED JUNE 29, 2005, UNDER RECEPTION NO. 511779. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF ENTITLEMENT DOCUMENTS AND CONTRACTS RECORDED JUNE 29, 2005. UNDER RECEPTION NO. 511780. 10. FINANCING STATEMENT WITH, BANK MIDWEST, NA THE SECURED PARTY, RECORDED JULY 12, 2005 UNDER RECEPTION NO. 512253. 11. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES. 12. RESERVATIONS AND RESTRICTTONS AS CONTAINED IN DEEDS RECORDED JANUARY 3. 1888 IN BOOK 55 AT PAGE 378 AND RECORDED JULY 30, 1889 IN BOOK 55 AT PAGE /" ~ a... ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q387506-2 The potiry or polities to be issued wID contain exuptio~ to the following unless the same arc disposed of to the satlsfactioo of the Company: 576 PROVIDING, "THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SII.VER, CINNABAR OR COPPER OR TO ANY VALID MIN69G 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 SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES." 13. TERMS, CONDTf1ON5 AND PROVISIONS OF ORDE4ANCE N0. 2, SERIES 1997 Tp REZONE SPECIFIC PROPERTIES RECORDED SEPTEMBER 03, 1997 AT RECEPTION N0. 907979. 14. TERMS, CONDT17ONS AND PROVISIONS OF RESOLUTION O8, SERIES 1997 GRANI7NG A VARIANCE RECORDED SEPTEMBER 23, 1997 AT RECEPTION NO. 408741. I5. TERMS. CONDI'f1ONS AND PROVISIONS OF CTCY OF ASPEN ORDINAN spa cr:RteS OF 2006 RECORDED IANUARY 02. 2007 AT RECEPTION NO. 532933. ,, , ~r June 12, 2009 Ms. Errin Evans Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Evans: EXHIBIT Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our vested rights extension application for the Boomerang Lodge Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforemen- tioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN FSP-ABR, LLC, a Delaware limited liability company ~teve Smnda, Devi 02 North Fourth ; Aspen, CO 81611 (970) 925-7604 Aspen, Co 81612 (970) 948-0813 Manager/Partner d: \oldc\bus\city.ItrVtd4509. ee l LAND USE APPLICATION APPLICANT: EXHIBIT Name: Location: (Indicate street address, lot & block number, legal description where appropriate) Pace! ID # (RE UIRED) REPRESENTATIVE: ~ ~,/ / Name: l/~-~~%i5/7 W~~~~'~j~~{~ ~'G Address: T~> ~ ~~/s~S ~~' Phone #: PROJECT: Name: y lar~g~ 5c: ~~'L5J> Address: ~~~~ /T~ulj ~/ Phone #: TYPE oP APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ~ Other: ~~f~~ ^ Lot Line Ad'ustment ^ TexUMa Amendment / ~l EXISTING CONDITIONS: (descri tion of existin buildin s, uses, revious a royals, etc. Gov ~/°~/~Ti~/ PROPOSAL: (descri tion of ro sed buildin s, uses, modifications, etc.) Haye you attached the following? FEES DUE: $~`~~ ~~'e-Application Conference Summary ~ Attachment #1, Signed Fee Agreement y~{ ^ sponse to Attachment #3, Dimensional Requirements Form [V~ Reesponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ., <~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and i~1 ~~~/~~•~~~ ~•C (hereinafter APPLICANT) AGREE AS FOLLOWS: I. Y~PPLI NT~~~ ittgd to CITY~n a~lication r~ .~~15 bXT O (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed [o APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of [he CITY's waiver of its right to collect full fees prior to a f~etermination of application completeness, APPLICANT shall pay an initial deposit in the amount of $/ 7d which is for ~ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees [ha[ failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director g: \su pport\form s\agrpaya s.doc 11/30/04 APPLICANT Date: Billing Address and Telephone Number: Re aired Paz •s! r~-~~/ sr -~'S~/ c~ $6// y'ZS~7Go¢ Easy Peel® Labels Use Avery® Template 5160® 501 W HOPKINS LLC PO BOX 8769 ASPEN, CO 81612 604 W EST LLC 604 W MAIN ST ASPEN, CO 81611 ALPINE BANK ATTN ERIC GARDEY PO BOX 10000 GLENWOOD SPRINGS, CO ~ ~ Bend along line to Feed Paper expose Pep-Up EdgeTM 501 WEST MAIN LLC 532 E HOPKINS AVE ASPEN, CO 81611-1818 ALEXANDER JOAN P PO BOX 4818 GRAND JUNCTION, CO 81505 ALPINE BANK ATTN JEAN MOORE 600 E HOPKINS AVE 81602 ASPEN, CO 81611 ANGELOV DIMTAR S 8 DANIEL D 605 W HOPKINS AVE #209 ASPEN, CO 81611 ASPEN SQUARE CONDO ASSOC INC 617 E COOPER ASPEN, CO 81611 BRIDGE WILLIAM & JOSEFINA 2075 SHERWOOD DR CAMBRIA, CA 93428 CARTER RICHARD P 400E 3RD AVE #804 DENVER, CO 80202 CHUCHMAN GEORGE S PO BOX 2800-355 CAREFREE, AZ 85377 CORTALE ITA 205 S MILL ST #112 ASPEN, CO 81611 DUNSDON S MICHAELE BORKENHAGEN DAVID A 617 W MAIN ST #D ASPEN, CO 81611-1619 ASPEN CONDO ASSOC 600 E HOPKINS AVE #304 ASPEN, CO 81611-2934 BARYON META PACKARD 4475 N OCEAN BLVD APT 43A DELRAY BEACH, FL 33483 BROOKS NORMAN A R LESLEE S 16311 VENTURA BLVD #690 ENCINO, CA 91436 CHAKERES JOHN B TRUST 3801 KENNETT PIKE C200 GREENVILLE, DE 19807 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 CUMMINS RICHARD 1280 UTE AVE #10 ASPEN, CO 81611 EMERICK SHELLEY W 2449 5TH ST BOULDER, CO 80304 521-523 W HOP HOUSING CONDO ASSOC 521 W HOPKINS AVE ASPEN, CO 81611 ALLEN DOUGLAS P 403 LACET LN ASPEN, CO 81611 AMAYA JOSE ANTONIO ARGUETA BLANCA EDITH 605 W HOPKINS AVE #103 ASPEN, CO 81611 CO ASPEN MESA STORE LLC C/O ASPEN BLUE SKY HOLDINGS LLC PO BOX 8238 ASPEN, CO 81612 BERR LLC 611 W MAIN ST ASPEN, CO 81611 CARROLL MEREDITH COHEN CARROLL ARTHUR RICHARD 605 W HOPKINS AVE #210 ASPEN, CO 81611 CHRISTIANA UNIT D101 LLC C/O FRANKLIN ST PARTNERS LLC 215 ZOE WY MIAMI, FL 33140 CLEANER EXPRESS 435 E MAIN ST ASPEN, CO 81611 DESTINATION RESORT MGMT INC 610 WEST END ST ASPEN, CO 81611 ERICKSON A RONALD 605 W HOPKINS AVE #211 ASPEN, CO 81611 Etiquettes faciles a peter Sens de Repliaz S la hachure afin de vvww.avery.com Utilisez le aabark AVERY® 5160® rharnemeor revEler k rcberd Pep•UpTM 1-800-GO-AVERY Eary Peel® Labels • ~ Bend along line to ~ AVE® 5160® i Use Avery® Template 5160® ~' Feed Paper expose Pop•Up EdgeTM ~. 1 FARR CHARLOTTE 306 MCCORMICK AVE CAPITOLA, CA 95010 FRIAS PROPERTIES OF ASPEN LLC 730 E DURANT ASPEN, CO 81611 GOLDMAN DIANNE L PO BOX 518 FAIRFIELD,CT 06824 HAISFIELD MICHAEL DOUGLAS HAISFIELD LISA YERKE 616 W HOPKINS ASPEN, CO 81611 HY-MOUNTAIN TRANSPORTATION INC 111 C AABC ASPEN, CO 81611 ILGEN EILEEN L C/O DAN SODERBERG 2569 LOWER RIVER RD SNOWMASS, CO 81654 JOHNSON STANFORD H PO BOX 32102 TUCSON, AZ 85751 KELSO DOUGLAS P 627 W MAIN ST ASPEN, CO 81611-1619 KURKULIS PATSY & PAUL R 605 W HOPKINS AVE #201 ASPEN, CO 81611 LESTERJAMES 229 CHRYSTIE ST #1417 NEW YORK, NY 10002 FINE FREDRIC N & SONDRA 412 MARINER DR JUPITER, FL 33477 GARMISCH LODGING LLC 8566 COLLATE AVE LA, CA 90048 GORDON LETICIA C/O JOE RACZAK GOLDEN HORN 555 E DURANT AVE ASPEN, CO 81611 HAYMAN JULES ALAN 9238 POTOMAC SCHOOL DR POTOMAC, MD 20854 IGLEHART JIM 610 W HALLAM ST ASPEN,CO 81611 ILGEN JACK D & ELOISE 17352 HWY 82 #C CARBONDALE, CO 81623 JOHNSTON FAMILY TRUST 2018 PHALAROPE COSTA MESA, CA 92626 KOELLE ALICE PO BOX 2871 ASPEN, CO 81612 LAMB JENNIFER C & TIMOTHY E 605 W HOPKINS AVE #204 ASPEN, CO 81611 LITTLE AJAX CONDOMINIUM ASSOC 605 W HOPKINS #006 ASPEN,CO 81611 FRANSEN ERIN M 8 GREGORY H PO BOX 5082 GILLETTE, WY 82717-5082 GOLDENBERG STEPHEN R & CHERYL J 430 W HOPKINS AVE ASPEN, CO 81611 H & H PROPERTIES LLLP 807 W MORSE BLVD STE 101 WINTER PARK, FL 32789-3725 NORTON DAYNA L 520 W MAIN ST #22 ASPEN, CO 81611 IGLEHART JIM 617 W MAIN ST ASPEN, CO 81611 JEWISH RESOURCE CENTER CHABAD OF ASPEN 435 W MAIN ST ASPEN, CO 81612 KELLY KIM 605 W HOPKINS AVE #202 ASPEN, CO 81611 KONIG DEBORAH HANSON KIM 605 W HOPKINS AVE #203 ASPEN, CO 81611 LAST NICKEL LLC C/O LUCAS PECK BRANDY PC 132 MIDLAND AVE #4 BASALT. CO 81621 LOT 2 BOOMERANG LOT SPLIT PLANNED COM OWNERS ASSOC 533 E HOPKINS AVE 3RD FL ASPEN, CO 81611 ~tiquettes faciles 5 peter ~ Repliaz 31a hachure afire de .._'::--'- -`--_....~~..ae ~,~,.® Sens de _.. . _ Easy Peel® Labels • ~ Bend along line to ~ /\~~® 5160® ~ Use Avery® Template 5160® - Feed Paper expose Pep-Up EdgeTM f~"w 1 . ..r MADSEN MARTHA W 608 W HOPKINS AVE APT 9 ASPEN, CO 81611 MARSHALL ALISON J 8 JOSHUA W 605 W HOPKINS AVE #212 ASPEN, CO 81611 MOLLER DIANE T 4032 CRYSTAL BRIDGE DR CARBONDALE, CO 81623 NELSON TREVOR T & ROSE MARIE 605 W HOPKINS #207 ASPEN, CO 81611 NORTHWAY LLC 106 S MILL ST #203 ASPEN, CO 81611 PERRY EMILY V PO BOX 11071 ASPEN, CO 61612 RODRIGUEZ JOANN 605 W MAIN ST #OOA ASPEN, CO 81611 SCHALL FAMILY TRUST 8/31/1998 18518 ST MORITZ DR TARZANA,CA 91356 SHERWIN ENTERPRISES LLC C/O JENNIFER SHERWIN 1714 VISTA ST DURHAM, NC 27701 STARFORD PROPERTIES NV C/O KEON WILLIAM 7321 NW 75TH ST MEDLEY. FL 33166 THROM DOUGLAS H 617 W MAIN ST ASPEN, CO 81611 ULLR CONDO LLC 6450 AVENIDA CRESTA LA JOLLA, CA 92037 NIX ROBERT JR PO BOX 3694 ASPEN, CO 81612 OHARROW SIOBHAN P 605 W HOPKINS AVE #208 ASPEN, CO 81611 RENO ASPEN PROPERTIES LLC 605 W MAIN ST #002 ASPEN, CO 81611 ROLAND DANIEL P & LEAH S 605 W HOPKINS AVE #102 ASPEN, CO 81611 SCOTT MARY HUGH RUSSELL SCOTT III 8 CO LLC 5420 S QUEBEC ST #200 GREENWOOD VILLAGE, CO 80111 SLTM LLC 106 S MILL ST ASPEN, CO 81611 STASPEN LLP C/O JOHN STATON 1180 PEACHTREE ST NE ATLANTA, GA 303093521 TODD SHANE PO BOX 2654 ASPEN, CO 81612 ULLR HOMEOWNERS ASSOCIATION 600 E HOPKINS #304 ASPEN, CO 81611 NORTH AND SOUTH ASPEN LLC 200 S ASPEN ST ASPEN, CO 81611 OLIVER SPORTS BRACING LLC 520 W MAIN ST #20 ASPEN, CO 81611 REVA LLC PO BOX 1376 ASPEN, CO 81612 RUFUS CAMI CAMI LLC 1280 UTE AVE #7 ASPEN, CO 81611 SHADOW MTN CORP C/O FINSER CORP 7321 N.W. 75TH STREET MEDLEY, FL 33166 SMITH ANDREW C & DONNA G 3622 SPRINGBROOK ST DALLAS, TX 75205 SUBOTKY JULIE E 55 W EST 14TH ST #15L NEW YORK, NY 10011 TOMS CONDO LLC C/O BRANDY FEIGENBAUM PC 132 MIDLAND AVE #4 BASALT. CO 81621 VANDERSCHUIT FAM TRUST 5836 WAVERLY AVE LA JOLLA, CA 92037 Etiquettes faciles 3 peter ~ Repliez i la hachure afire de www.averycom ........-'--`-__.,s..~v.~nW Sens de ~„i~__,__~_~..__„_... ,. onn_r_n_svc.v Eary Peel® Labels ~ ~ Bend along line to Use AVery® Template 5160® Feed Paper expose Pep-Up Edge' ~ ~, VERNER DANIEL A & MERYLE VIEIRA LINDA 50% INTEREST 2577 NW 59TH ST HALL TERESA 50% INTEREST BOCA RATON, FL 33496 0095 LIGHT HILL RD SNOW MASS, CO 81654 WASHBURN LYNN S WENDT ROBERT E II TERRELL SERENE-MARIE 350 MT HOLYOKE AVE 605 W HOPKINS AVE #205 pgCIFIC PALISADES, CA 90272 ASPEN, CO 81611-1607 WEST ALFRED P JR & LORALEE S WHITNEY KURT A 8 JACQUELINE 58416475 METAVANTE WAY 6448 E CRABTREE PL SIOUX FALLS, SD 57186 YUMA, AZ 85365 YLP WEST LLC YOUNG DONALD L 7 SOUTH MAIN ST PO BOX 4444 YARDLEY, PA 19067 ASPEN, CO 81612 AVER1/® 5160® ; J, WAGNER HOLDINGS CORP LLC C/O BILL POSS 605 E MAIN ST ASPEN, CO 81611 WERLIN LAURA B TRUST 2279 PINE ST SAN FRANCISCO, CA 94115 WINGSTONE TOY COMPANY LLC 12 GREENBRIAR LN PAOLI, PA 19301 YOUNG PAUL III FAMILY TRUST 413 W HOPKINS AVE ASPEN, CO 81611-1603 ;,. Etiquettes faciles 3 peter ~ Repliez a la hachun afin de www.averycom ...... .. ...__.,w ......ae Sens de __,~__._ ._ ..,.... ~.. ....... EXHIBIT 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 RESH)ENTIAL, AND AFFORDABLE HOUSING ALLOTMENTS, AND RECOMMENDING CITY COUNCIL APPROVE THE SUBDIVISION, PLANNED UNIT DEVELOPMENT, AND REZONING FOR A PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT OF THE BOOMERANG LODGE, 500 WEST HOPKINS AVENUE, CITY OF ASPEN, COLORADO. Parcel ID:2735.124.49.002 WHEREAS, the Community Development Department received an application M o from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950; m 4 ~ a Reston , VA 20190; represented by Sunny Vann of Vann Associates, requesting approval ~ ~ ~ m of six (6) free-mazket residential growth management allotments, two (2) affordable ~ .. a ° housing growth management allotments, eighteen (18) lodge growth management ~ a allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay, o 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 ~ z approximately 23,000 squaze feet of Floor Area and surface parking located primarily '~~ within the public rights-of--way. The proposed development includes 52 hotel units, 6 free- ~~ mazket residential units, 2 affordable housing units, a 31-space underground pazking facility, and 17 surface pazking spaces in a structure of approximately 51,000 squaze feet of Floor Area as de5ned by the City of Aspen; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building ~ a Department, Fire, Streets, Housing, Environmental Health, Pazks and Water Deparhnents 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 standazds 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 maybe granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision Review approval may be granted by the City Council at a duly noticed public hearing Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 1 R 1 d^y ~'.... t...,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 heazd and approved the request for six (6) free-mazket 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, Rezonine for PUD Overlay and PUD Final Development Plan The Planning and Zoning Commission, pursuant to Chapter 26.480, 26.310, and 26.445 - Subdivision, Rezoning, and Planned Unit Development, respectively -hereby recommends City Counci] 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: Protect Dimensions ~_ ~ „_•_~_........_,..,~ a:..,a.,~;,,.,~ „f*t,P „n,;,~r chap he reflected in the Final PUD Plans: ---a Minimum Lot Size 27,000 s.f. Minimum Lot Width 270 ft. Minimum Front Yard Setback 0-5 ft. Minimum Side Yard Setback 0-5 ft. on west 1-5 ft. on east Minimum Rear Yard Setback 0-5 ft. Maximum Height 42 ft. for a flat roof. Approximately 30- 35 ft. on east side. M ~~ 00 .... m •• ~^ 1O B 00~ T N N C r ma Nam LO amE a ~: ~~ ~ ~~ ~~ s ~~ ~~ Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 2 ,~ ,, Pedestrian Amenity Space • Total 19% . 1.86:1 = 50,470 s.f. Lodging .97:1 = 26,210 s.f. Non-unit space .35:1 = 9,536 s.f. Commercial N/A Free-Market Residential .475:1 = 12,845 = 25% of total project Affordable Residential .05:1 = 1,452 s.f. Section 4: Trash/Recycline Area The applicant is encouraged to make sure that the trash storage azea has adequate wildlife protection and to make sure recycling containers aze present wherever trash compactors or dumpsters aze 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 aze 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 maybe 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 yeaz. 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 Tria Generation and PM10 Mitigation Plan M N m 9 .-, .+ ~ T ~.' ,p B cr ° m m T N N 0 N'ue rn~ to nam m s vi rc o -U ~r ,~~? ~~y ~E ~~; ~~ Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 3 ~ ~~ .w. `.~ In order to reduce the impacts of additional trip generation and PM10 generated by the project, the project shall provide either: 1) a shuttle service for use by the owners/guests of the residences/hotel, 2) an electric vehicle for use by owners/gusts of the project, 3) secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall join the Transportation Options Program. The Subdivision Agreement shall specify which of these options shall be implemented. The project shall be subject to any transportation related impact fees adopted prior to application for a building permit and any of the above options shall be credited towards any fee requirement. Section 7: Subdivision Plat and P1JD Plans Within 180 days after final approval by City Council and prior to applying for a Building Pemrit, 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 standazd 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 pazking 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 pazcel 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 Deparhnent prior to issuance of a Certificate of Occupancy. In addition to the standazd 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 azeas 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 Ss' 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 detemrined by the City Engineer and the Community Development Director. The surface pazking along West Hopkins Avenue shall be eliminated. The sidewalk shall incorporate accessible ramps according to the current standazds. 4. Design specifications and profiles for publicright-of--way improvements. N mm ~..s r O ~ 6 m 6 t <NC N .. v tV ~~ IS) a" m 6 6 K Q c Y t a e Y Y C a Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 4 •-, i, ,Y 5. An azchitectural character plan demonstrating the general azchitectural chazacter 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 standazds of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground rechazge system is required, a soil percolation report will be required to correctly size the facility. A 2-yeaz 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 Snal 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 Ageement shall include the necessary items detailed in Section 26.480.070 and 26.445.070.0, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements ry within public rights-of--way with reference to their locations depicted on the o 0 Subdivision Plat. T- w ~ m N N ~ 2. In order to secure the performance of the construction and installation of ~ < o improvements in the public rights-of--way, the landscape plan, and public facilities N performance security shall include and secure the estimated costs of proposed ~ n m m right-of--way improvements. ~~ n 3. A revocable license agreement to use portions of the Fourth Street right-of--way ~ 0 for dedicated pazking. z 4. A license agreement to use any public rights-of--way, or portions thereof, adjacent i; V to the project site for construction staging including a fee to use the land at a rate of $1.25 per squaze foot per month for the time period in which the ]and is to be a occupied for construction staging. .~ o a 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. w The following fee total is based on the current proposal and fee schedule: a Pazk 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 f,.. ~ . Pazk Fees -Credit for Existing Development: 34 Lodge Units 29-studio units @ $1,520 per unit 3two-bedroom units @ $2725 per unit 2 three-bedroom units @ $3,634 per unit ~~ a =$44,080 =$8,175 =$7,268 Total Credit = ($59,523) Total Pazk Impact Fee Due = $42,834 School Land Dedication Fees are assessed based on one-third the value of the ununproved 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 acash-in-lieu payment shall be accepted. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. Other Impacts Fees. The project shall be subject to amendments and additions to the Impact Fee Chapter of the Land Use Code adopted prior to the application for a building permit. Section 10: Water Department The applicant shall comply with the City of Aspen Water System Standazds, 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/Reguirements 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 cleaz water connections aze prohibited (roof, foundation, perimeter, patio drains), including entrances to underground parking gazages. 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. Oil and Sand sepazators are required for public vehicle pazking garages and vehicle maintenance facilities. M N Ei O Z- 4 ID E ~ p E r ~ N [ r e N Lf)aoE E 0 E y s s v z a Planning and Zoning Commission Resolution No. 18; Series of 2006 Page 6 ,~~ ,, ~~ 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 aze 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. Shazed service line agreements may be required where more than one unit is served by a single service line. 13. Permanent improvements aze prohibited in azeas 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 azea of concern in order to fund the improvements needed. Section 12: Pre-Construction Meetine Prior to Building Permit .Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and PTJD/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 pemuts, 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 pemut, 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 pazking plan meeting the specifications of the City Building Deparhnent. 2. An estimated constmction 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 N O 9 .... o T ~. ~ O °mm ~rao t.,. ~ ~ a N am lf) a o m 0 ~~~ ~~ n ~~ 0 -~ U ~~~ Y ~o ~~ ~~ Y F- oa -~ J_pQ ~~ J ~. a U -~~N ~~ j ~~~Y ~~ w '~ a Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 7 ~.. Department. Street closures concurrent with significant public events shall be avoided to the greatest extent possible. 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 azeas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. For projects greater than one acre in size a fugitive dust control plan must be submitted to the Colorado Department of Public Health and Environment (CDPHE), Air Quality Control Division. N 5. Recycling facilities, in addition to trash facilities, for the period of construction. ma z- w ~ °o Section 14: Buildine Permit Requirements '~ ~ ° ° The building pemvt application shall include/depict: T °~ Np a N A ~ I. A signed copy of the final PBcZ Resolution and Council Ordinance granting land use ~ a m m approval. -_ ~ 2. A letter from the primary contractor stating that the approving Resolution and ~ Ordinance have been read and understood. 0 U 3. The conditions of approval shall be printed on the cover page of the building permit set. U x 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. Aright-of--way improvement plan depicting physical improvements to the right-of--way including design specifications and profiles. All improvements shall comply with the a City's requirements for accessibility. N 6. A landscape plan showing location, amount, and species of landscape improvements Y with an irrigation plan for approval by the City Pazks Department. 7. A utility plan meeting the standazds of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground rechazge system is required, a soil percolation report will be required to correctly size the facility. A 2-yeaz storm frequency should be used in .designing any drainage improvements.. Off-site improvement shall be done in coordination with the City Engineer. 9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New buildings may NOT have wood burning Fireplaces, nor may any heating device use coal as fuel. Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 8 f .. 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 perrnit, as applicable. 12. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed azeas including haul roads, perimeter silt fencing, as= needed cleaning of adjacent rights-of--way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air .Quality Control Division may also be necessary. 13. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets. The City will not approve of soil nails into public right-of- way or utility easements. M m o 14. A construction site management and pazking plan meeting the specifications of the m City Building Departrnent. o m 00 ~ ~ o ° Prior to issuance of a building pemvt: tNn a m m 1. All tap fees, impacts fees, and building pemut fees shall be paid. m n 2. The location and design of standpipes, fire sprinklers, and alarms shall be ~ acceptable to the Fire Mazshall. 0 U Section 15: Noise Dunne Construction During constmction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday a 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 a the predicted high noise levels. 0 w Section 16: Condominiumization U a Condominiumization of the Project to define sepazate 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 awazded, 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 aze 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 regulaz meeting on ,1 ~ 2006. APPROVED AS TO FORM: Da Hoefer, Asst. City A omey PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair ATTEST: ~.-L. . ckie Lothian, eputy City Clerk C:\home\Current Planning\CASES\Boomerang LodgeUteso.doc I~IMI~IN~YI~AN~~1 Planning and Zoning Commission Resolution No. 18, Series of 2006 527141 Page: 10 of 10 08/04/2006 10:23 00 D 0.00 Page 10 ~`~' °~* EXHIRBIT ,, ~, ~ V 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, CONDOMIIVIUNIIZATION, AND REZONING FOR A PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT OF THE BOOMERANG LODGE, 500 WEST HOPKINS AVENUE, CITY OF ASPEN, COLORADO. Parcel ID:2735.124.49.002 WHEREAS, the Community Development Department received an application from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950; Reston , VA 20190; represented by Sunny Vann of Vann Associates, requesting approval of six (6) free-market residential growth management allotments, two (2) affordable housing growth management allotments, twenty (20) lodge gowth 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 squaze feet of Floor Area and surface pazking located primarily within the. public rights-of--way. The revised development includes 47 hotel units, 5 free- mazket residential units, 2 affordable housing units, a 31-space underground gazking facility contained within a building of approximately 44,915 squaze feet of floor azea as defined by the City of Aspen, and a surface parking azea 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 standazds 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 maybe 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 - 1 - \. s _, WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during a regulaz 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 Duector and comments from the public were heazd and approved the request for six (6) free-mazket residential gowth 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- mazket residential allotments and two (2) affordable housing allotments, and eighteen (18) lodge growth management allotments, subject to the requirements listed hereinafter. Section 2: Aoaroval for Subdivision, Rezonine for PUD Overlay, and PUD Final Development Plan Pursuant to Chapter 26.480, 26.310, and 26.445 -Subdivision, Rezoning, and Planned Unit Development, respectively -the City Council grants Subdivision approval, rezoning for a Planned Unit Development Overlay, and Planned Unit Development Final Development Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter. Section 3: Project Dimensions The following appmved dimensions of the project shall be reflected in the Final PUD Plans: -• ~- .• Minimum Lot Size 6,000 s.f. 27,000 s.f. 27,000 s.f. Minimum Lot 60 ft 270 ft. 270 ft. Width Minimum Front 5 ft. 10-70 ft. (varies) 5 ft. Yard Setback (Hopkins) Minimum Side 5 ft. 6 ft. on west 5 ft. on west Yard Setback 1-5 ft. on east 4 ft. 3 in. on east (existing building) 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 Lodging) heights vary and are set in this PUD plan Parking Set in PUD 31 surface (all but 1 31 underground and partially in r.o.w) 12 @ surface (partially in r.o.w.) Floor Area Ratio/Size: Total Set in PUD .85 = 23,000 s.f. .1.66:1 = 44,915 s.f. Lodging Set in PUD .85 = 23,000 s.f. .87:1 = 23,547 s.f. Ave. Lodge Size Set in PUD-500 sq. 340 s.f. 501 s.f. ft.desirable Free-Market 25% of total project N/A .39:1 = 10,733 = Residential Floor Area 24% of total project Affordable No FAR limit N/A .05:1 = 1,384s.f. Residential Section 4: Trash/Recycline Area The applicant shall ensure that the trash storage azea has adequate wildlife protection and to make sure recycling containers aze present wherever trash compactors or dumpsters aze 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 aze required for mitigation, have been issued. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the APCHA Guidelines, as may be amended from time to time. The applicant shall structure and record a deed restriction for the affordable housing units such that an undivided 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. CiTy Council Ordinance No. 26, Series of 2006 - 3 - ,.~_. ~... . , The affordable housing units shall be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance over a period of more than one yeaz. 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 Mitieation Plan In order to reduce the impacts of additional trip generation and PM10 generated by the project, the project shall provide either: 1) a shuttle service for use by the owners/guests of the residences/hotel, 2) an electric vehicle for use by owners/gusts of the project, 3) secure and covered bicycle storage, or 4) the hotel and homeowners associarions(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 pemut and any of the above options shall be credited towazds any fee requirement. Section 7: Subdivision Plat and PUD Plans Within 180 days aRer fmal 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 pazking to be designated to the bodge, with reference to agreements and licenses for such improvements. 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 pazcel boundaries to the Geographic Information Systems Depaztment prior to applying for a building pemrit. 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 standazd 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 aeeas 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 Pazks Department. City Council Ordinance No. 26, Series of 2006 - 4 - 3. A general sidewalk and curb improvements plan depicting a detached sidewalk with planting buffer along both West Hopkins Avenue and North Sa' 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 azchitectural chazacter plan demonstrating the general architectural chazacter and depicting materials, fenestration, and projections. 5. Scaled floor plans of each level of the building depicting unit divisions. Section $: Subdivision and PUD Agreement Within 180 days after Seal 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 26.445.070.0, the provisions & conditions of this ordinance, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of--way with reference to their locations depicted on the Subdivision Plat. 2. In order to secure the performance of the construction. and installation of improvements in the public rights-of--way, the landscape plan, and public facilities performance security shall include and secure the estimated costs of proposed right-of--way improvements. 3. A revocable license agreement to use portions of the Fourth Street right-of--way for dedicated parking. 4. A license agreement to use any public rights-of--way, or portions thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per squaze foot per month for the time period in which the land is to be 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: Pazk Fees -Fees for Proposed Development: 47 Lodge Units (studio units) @ $1,520 per unit =$71,440 3 two-bedroom residential units @ $2,120 per unit = $6,360 2three-bedroom residential units @ $2,725 per unit = $5,450 Total = $83,250 Pazk Fees -Credit for Existing Development: 34 Lodge Units 29-studio units @ $1,520 per unit =$44,080 3 two-bedroom units @ $2725 per unit =$8,175 CiTy Council Ordinance No. 26, Series of 2006 - 5 - 9. .s 2three-bedroom units @ $3,634 per unit =$7,268 Total Credit = ($59,523) Total Park Impact Fee Due = $23,727 School Land Dedication Fees aze assessed based on one-third the value of the unimproved ]and 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 acash-in-lieu payment shall be accepted. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. Other Impacts Fees. The project shall be subject to amendments and additions to the Impact Fee Chapter of the Land Use Code adopted prior to the application for a building permit. Section 10: Water Department The applicant shall comply with the City of Aspen Water System Standazds, with Title 25, and with applicable standazds 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/Repuirements 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 aze 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 maybe required for this project to be funded by the applicant. 4. All cleaz water connections aze prohibited (roof, foundation, perimeter, patio drains), including entrances to underground pazking gazages. 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 sepazators are required for public vehicle parking gazages and vehicle maintenance facilities. 8. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. 9. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. City Council Ordinance No. 26, Series of 2006 - 6 - w..N 10. When new service lines aze required for existing development the old service lines musf 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. Shazed service line agreements may be required where more than one unit is served by a single service line. 13. Permanent improvements aze prohibited in azeas 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 azea of concern in order to fund the improvements needed. Section 12: Pre-Construction Meeting Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and P1JD/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 Pemut, Foundation Pemvt, Access Infrastructure permit, Demolition pemrit, 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 pazking 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. 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 - b.+/ 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 azeas, daily cleaning of adjacent paved roads to remove mud that has been carved 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: Buildine Permit Regurrements The building pemrif applicafion shall include/depict 1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Resolution and Ordinance have been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. Aright-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 Pazks Department. 7. A utility plan meeting the standazds of the City Engineer and City utility agencies. 8. A gading/drainage plan, including an erosion control plan, prepazed 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-yeaz storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New buildings may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. 10. An asbestos inspection report. Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile, etc., the CDPHE Air Quality Control Division must be notified and a person licensed by the state of Colorado to do asbestos inspections must do an inspection. The Building Deparhnent cannot sign any building permits until they get this report. If there is no City Council Ordinance No. 26, Series of 2006 - 8 - ~_ ~. ~~, asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. A tree removal perrnit, as applicable. 12. A fugitive dust control plan approved by the Environmental Health Deparhnent which addresses watering of disturbed azeas 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 stmctures and/or streets. The City will not approve of soil nails into public right-of- way or utility easements. 14. A construction site management and pazlcing 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 standazds 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, prepazed 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 pemrit fees shall be paid. 2. The location and design of standpipes, fire sprinklers, and alarms shall be acceptable to the Fire Mazshall. Section 15: Noise During Construction During construction, noise cannot exceed maximum permissible sound level standazds, and construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. City Council Ordinance No. 26, Series of 2006 - 9 - a . _, wr 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 Designafion of the "East Wind" 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 azea of the structural east wing along the alley, Fourth Street and Hopkins Avenue, also including the outdoor pool and spa azea. 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 awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission aze 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 26a' day of June, 2006. ~- ATTEST: City Council Ordinance No. 26, Series of 2006 - ] 0 - `.s <_/ tluyn S. K Ci erk FIN LY, adopted, passed a d approved this 28`" day of i s 0 . Kathryn S. ity Clerk elen Ka in ru or APPROVED AS TO FORM: ttomey City Council Ordinance No. 26, Series of 2006 - 11 - t-, ~. . , AFFIDAFTIT Oi< PUBLIC NOTICE ItEf~UIREI3 B~' SECTI(3N X5.304.0`70, ASPEN LAND EJSE CCII3E AI3I3IZ7;SS OF PI~€;PEItTY: Aspen, CO STATE ®F COLORAII~O } ss. Conrnty of Pltlrsn ) I /L~~~~ ~~Q,.~ (Warne, please print) being or representing azi Applicant to the Crty of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26304.060 (E) or Section 2'630/6.010 (E) of the Aspen Land Use Code in the following manner: ~/ Pu.blicatio~i of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publicatimi is attached hereto. Signature 33 The foregoing "Affidavit of Notice" was acknowledged before me this day of ~ , 200g> by ~~t,,, nl~ S Co ~~ ublic Notice WITNESS MY HAND AND OFFICIAL SEAL My commis ~ n exp~ e ~ ~ d6~ Notary Public ATTACHMENTS: y CM1Y of AsPe" COPY OF THE P UBLICATION ~ ° CORY J. :_ GARSKE My Commisskn Expkee 0510812012 '~~'~ on Aa9usl Published ~3915999~Pee TimesTimes H' 23.2099.1 ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: V,.GlJ~ ~r~/~~+~ ~~~ Aspen, CO SCHEDULED PUBLIC HEARING DATE: _ ~~~/a 7 , 200_ STATE OF COLORADO ) ss. County of Pitkin ) I ~Y~~ ~~~Y/~/ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public heazing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) Bs attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (I S) days prior to the public heazing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the azea of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business h urs for fifteen (15) days prior to the public hearing on such amendme~s~ The f •egoing "Af idavit of Notice" was acknowledged` b~fore me this ~ day of , 2000 , by ~l~ Idh1 Y V+4/~~ ~~ ~;. o .~ ~iq ~ c~ ti WITNESS MY HAND AND OFFICIAL SEAL My commission expires: '¢ / .~ n Public ATTACHMENTS: COPY OFTHE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL PUBLIC NOTICE RE: 500 WEST HOPHINS AVENUE, BOOMERANG LODGE, REQUEST FOR AN EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public heazing will be held on Monday, August 10`", 2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in the Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Sunny Vann Associates, LLC, 230 East Hopkins Avenue, Aspen, CO, 81611 on behalf of Aspen FSP-ABR, LLC, 500 West Hopkins Avenue, Aspen, CO, 81611 who is the owner of the subject property. The applicant is requesting an extension of vested rights for the approved project for that site. The property is legally described as Lots K through S, Block 31, City and Townsite of Aspen, Aspen, Colorado, 81611. For further information, contact Errin Evans at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2745, enine@ci.aspen.co.us. s/Michael C. Ireland, Mavor Aspen City Council Published in the Aspen Times on July 26s', 2009 City of Aspen Account Easy Peel® Labels ~ ~ Bend along line to ~ /+~~® 5160® i Use Avery® Template 5160® P°'"~ Feed Paper expose Pop-Up Edger" r°~, j '~.r 501 W HOPKINS LLC PO BOX 8769 ASPEN, CO 81612 604 WEST LLC 604 W MAIN ST ASPEN, CO 81611 ALPINE BANK ATTN ERIC GARDEY PO BOX 10000 GLENWOOD SPRINGS, CO 501 WEST MAIN LLC 532 E HOPKINS AVE ASPEN, CO 81611-1818 ALEXANDER JOAN P PO BOX 4818 GRAND JUNCTION, CO 81505 ALPINE BANK ATTN JEAN MOORE 600 E HOPKINS AVE 81602 ASPEN, CO 81611 ANGELOV DIMTAR S & DANIEL D 605 W HOPKINS AVE #209 ASPEN, CO 81611 ASPEN SQUARE CONDO ASSOC INC 617 E COOPER ASPEN, CO 81611 ASPEN CONDO ASSOC 600 E HOPKINS AVE #304 ASPEN, CO 81611-2934 BARYON META PACKARD 4475 N OCEAN BLVD APT 43A DELRAY BEACH, FL 33483 521-523 W HOPKINS AFFORDABLE HOUSING CONDO ASSOC 521 W HOPKINSAVE ASPEN, CO 81611 ALLEN DOUGLAS P 403 LACET LN ASPEN, CO 81611 AMAYAJOSEANTONIO ARGUETA BLANCA EDITH 605 W HOPKINS AVE #103 ASPEN. CO 81611 ASPEN MESA STORE LLC C/O ASPEN BLUE SKY HOLDINGS tLC PO BOX 8238 ASPEN, CO 81612 BERR LLC 611 W MAIN ST ASPEN, CO 81611 BRIDGE WILLIAM & JOSEFINA 2075 SHERWOOD DR CAMBRIA, CA 93428 CARTER RICHARD P 400E 3RD AVE #804 DENVER, CO 80202 CHUCHMAN GEORGE S PO BOX 2800-355 CAREFREE, AZ 85377 CORTALEITA 205 S MILL ST #112 ASPEN, CO 81611 DUNSDON S MICHAELE BORKENHAGEN DAVID A 617 W MAIN ST #D ASPEN, CO 81611-1619 BROOKS NORMAN A & LESLEE S 16311 VENTURA BLVD #690 ENCINO, CA 91436 CHAKERES JOHN B TRUST 3801 KENNETT PIKE C200 GREENVILLE, DE 19807 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 CUMMINS RICHARD 1280 UTE AVE #10 ASPEN, CO 81611 EMERICK SHELLEY W 2449 5TH ST BOULDER, CO 80304 CARROLL MEREDITH COHEN CARROLL ARTHUR RICHARD 605 W HOPKINS AVE #210 ASPEN, CO 81611 CHRISTIANA UNIT D101 LLC C/0 FRANKLIN ST PARTNERS LLC 215 ZOE WY MIAMI, FL 33140 CLEANER EXPRESS 435 E MAIN ST ASPEN, CO 81611 DESTINATION RESORT MGMT INC 610 WEST END ST ASPEN, CO 81611 ERICKSON A RONALD 605 W HOPKINS AVE #211 ASPEN, CO 81611 ~tiquettes faciles ~ peter ~ Repliaz A la hachure afire de www.averycom r ir~c~e~ In naharit AvERV®5160® -ASens de^ reviler le reberd Pes-UOT" 1-800-GO-AVERY Easy Peel® Labels ~ ~ Bend along line to ~ AVERY® 5160® Use Avery®Template 5160® ~'~ Feed Paper expose Pep-Up EdgeTQ `' ~ j ~ r MADSEN MARTHA W MARSHALL ALISON J & JOSHUA W MOLLER DIANE T 608 W HOPKINS AVE APT 9 605 W HOPKINS AVE #212 4032 CRYSTAL BRIDGE DR ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623 NELSON TREVOR T 8 ROSE MARIE NIX ROBERT JR NORTH AND SOUTH ASPEN LLC 605 W HOPKINS #207 PO BOX 3694 200 S ASPEN ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 NORTHWAY LLC OHARROW SIOBHAN P OLIVER SPORTS BRACING LLC 106 S MILL ST #203 605 W HOPKINS AVE #208 520 W MAIN ST #20 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PERRY EMILY V RENO ASPEN PROPERTIES LLC REVA LLC PO BOX 11071 605 W MAIN ST #002 PO BOX 1376 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 RODRIGUEZ JOANN ROLAND DANIEL P & LEAH S RUFUS CAMI CAMI LLC 605 W MAIN ST #OOA 605 W HOPKINS AVE #102 1280 UTE AVE #7 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SCOTT MARY HUGH SHADOW MTN CORP SCHALL FAMILY TRUST 8/31/1998 RUSSELL SCOTT III & CO LLC C/O FINSER CORP 18518 ST MORITZ DR 5420 S QUEBEC ST #200 7321 N.W. 75TH STREET TARZANA, CA 91356 GREENWOOD VILLAGE, CO 80111 MEDLEY, FL 33166 SHERWIN ENTERPRISES LLC SLTM LLC SMITH ANDREW C & DONNA G C/O JENNIFER SHERWIN 106 S MILL ST 3622 SPRINGBROOK ST 1714 VISTA ST ASPEN, CO 81611 DALLAS, TX 75205 DURHAM, NC 27701 STARFORD PROPERTIES NV STASPEN LLP SUBOTKY JULIE E C/O KEON WILLIAM C/O JOHN STATON 55 WEST 14TH ST #15L 7321 NW 75TH ST 1180 PEACHTREE ST NE NEW YORK, NY 10011 MEDLEY, FL 33166 ATLANTA, GA 30309-3521 TOMS CONDO LLC THROM DOUGLAS H TODD SHANE C/O BRANDY FEIGENBAUM PC 617 W MAIN ST PO BOX 2654 132 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN, CO 81612 BASALT. CO 81621 ULLR CONDO LLC ULLR HOMEOWNERS ASSOCIATION 6450 AVENIDA CRESTA 600 E HOPKINS #304 LA JOLLA, CA 92037 ASPEN, CO 81611 ~tiquettes faciles 3 peleE ~ Repliaz ~ la hachure afire de --- - ~ ~- -------"`--"'a Sens de -"-"--'---`--~..__.,_... VANDERSCHUIT FAM TRUST 5836 WAVERLY AVE LA JOLLA, CA 92037 www.averycom ~ OM_f Il_aVCQ Easy Peel® Labels ~ ~ Bend along line to ~ /!-~/E~® 5160® Use Avery®Template 5160® ~"\ Feed Papet expose Pep-Up EdgeTM ! "* 1 s .. r FARR CHARLOTTE 306 MCCORMICK AVE CAPITOLA,CA 95010 FRIAS PROPERTIES OF ASPEN LLC 730 E DURANT ASPEN, CO 81611 GOLDMAN DIANNE L PO BOX 518 FAIRFIELD,CT 06824 HAISFIELD MICHAEL DOUGLAS HAISFIELD LISA YERKE 616 W HOPKINS ASPEN, CO 81611 HY-MOUNTAIN TRANSPORTATION INC 111 C AABC ASPEN, CO 81611 ILGEN EILEEN L C/0 DAN SODERBERG 2569 LOWER RIVER RD SNOWMASS, CO 81654 JOHNSON STANFORD H PO BOX 32102 TUCSON, AZ 85751 KELSO DOUGLAS P 627 W MAIN ST ASPEN, CO 81611-1619 KURKULIS PATSY 8 PAUL R 605 W HOPKINS AVE #201 ASPEN, CO 81611 LESTER JAMES 229 CHRYSTIE ST #1417 NEW YORK, NY 10002 Etiquettes faciles a pel-r FINE FREDRIC N 8 SONDRA FRANSEN ERIN M & GREGORY H 412 MARINER DR PO BOX 5082 JUPITER, FL 33477 GILLETTE, WY 82717-5082 GARMISCH LODGING LLC GOLDENBERG STEPHEN R R CHERYL J 8566 COLLATE AVE 430 W HOPKINS AVE LA, CA 90048 ASPEN, CO 81611 GORDON LETICIA H & H PROPERTIES LLLP C/O JOE RACZAK GOLDEN HORN g07 W MORSE BLVD STE 101 555 E DURANT AVE WINTER PARK, FL 32789-3725 ASPEN, CO 81611 HAYMAN JULES ALAN HORTON DAYNA L 9238 POTOMAC SCHOOL DR 520 W MAIN ST #22 POTOMAC, MD 20854 ASPEN, CO 81611 IGLEHART JIM IGLEHART JIM 610 W HALLAM ST 617 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ILGEN JACK D & ELOISE JEWISH RESOURCE CENTER CHABAD 17352 HWY 82 #C OF ASPEN CARBONDALE, CO 81623 435 W MAIN ST ASPEN, CO 81612 JOHNSTON FAMILY TRUST KELLY KIM 2018 PHALAROPE 605 W HOPKINS AVE #202 COSTA MESA, CA 92626 ASPEN, CO 81611 KOELLE ALICE KONIG DEBORAH PO BOX 2871 HANSON KIM ASPEN, CO 81612 605 W HOPKINS AVE #203 ASPEN, CO 81611 LAMB JENNIFER C & TIMOTHY E LAST NICKEL LLC 605 W HOPKINS AVE #204 C/O LUCAS PECK BRANDY PC ASPEN, CO 81611 132 MIDLAND AVE #4 BASALT. CO 81621 LITTLE AJAX CONDOMINIUM ASSOC LOT 2 BOOMERANG LOT SPLIT 605 W HOPKINS #006 PLANNED COM OWNERS ASSOC ASPEN, CO 81611 533 E HOPKINS AVE 3RD FL ASPEN, CO 81611 ~ Repliez ~ la hachure afin de www.avery.tom Sens a ,e„cie. im .~r~.r o~~u.rz~ 1-A00-f,O-AVERY ® • ~ Bend along line to ~ /\~/E~® 5160® i Easy Peel Labels „_y re Use Avery® Template 5160® "`~ Peed Paper expose Pop-Up Edge ! J '+.....s •...+Y VERNER DANIEL A & MERYLE 2577 NW 59TH ST BOCA RATON, FL 33496 VIEIRA LINDA 50% INTEREST HALL TERESA 50% INTEREST 0095 LIGHT HILL RD SNOW MASS, CO 81654 WAGNER HOLDINGS CORP LLC CIO BILL POSS 605 E MAIN ST ASPEN, CO 81611 WASHBURN LYNN S TERRELL SERENE-MARIE 605 W HOPKINS AVE #205 ASPEN, CO 81611-1607 WEST ALFRED P JR & LORALEE S 58416475 METAVANTE WAY SIOUX FALLS, SD 57186 YLP WEST LLC 7 SOUTH MAIN ST YARDLEY, PA 19067 WENDT ROBERT E II 350 MT HOLYOKE AVE PACIFIC PALISADES, CA 90272 WHITNEY KURT A & JACQUELINE 6448 E CRABTREE PL YUMA, AZ 85365 YOUNG DONALD L PO BOX 4444 ASPEN, CO 81612 WERLIN LAURA B TRUST 2279 PINE ST SAN FRANCISCO, CA 94115 WINGSTONE TOY COMPANY LLC 12 GREENBRIAR LN PAOLI, PA 19301 YOUNG PAUL III FAMILY TRUST 413 W HOPKINS AVE ASPEN, CO 81611-1603 ~. Etiquette5 facills ~ paler p ~ ~ Repliaz a la hachure a6n de www.avery.com Sens de .. _ .. _.. , onnr_n_evicev ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E~, ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~ 0O "' SST ~ ajKYr1.~ {'rUF, _ ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: I'~k~ S ~` 0 , 200 STATE OF COLORADO ) ss. County of Pi[kin ) I, ~(L ~i~k{~fJ~Ej~Y J'P~(~~-- klA (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen-Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) / days prior to the public hearing. A copy of the publication is attached hereto. v Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the ~ day of ~ , 200, to and including the date and time of the public hearing. photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ~~ k,~ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on sucl The f reg in "Affidavit of Notice" was acknowledged before me this ~'ay of , 200 ', by AMkl~c ~, '~rl UIZ BE7, WITNESS MY HAND AND OFFICIAL SEAL ~~,. TH(t,Qe ' :tc ' My mmission :pire . .5 ~ ~~ ~pSARY •.~~ :~~` aD'P ATTACHMENTS: COPYOF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL K~ Ffi '~ ,r ,. ~~ ca J m ~ W ~ o ~ ~ 4 . t it it 9,~ ~ ` • ~` • r ; ~' ~ ~ ~~~ ~ ' ~ ~ ~r * .. ~ '• ~ 1. ~ f ~ t. ~~~ ~ =.p ~},~ #r~j , y. '} 4 ~ ~ ~ ~ ~~ ! F "~" ~' i ~ ~• ' ~ a ~'!~. ~ ~ • t ~~ ~ n ~ . ~ ~ r ' n ~ ~ d t _ ~ ~ ~ ' ~~ ,~ # ~ , r' SS~~ `~ " t ~ t~ x^ r e c i - ~ ~ ~ ' ,~ /~. I ~~ A• ,, t ~ ~ r t S ~'~ 1 ~~rT~ ~ + t ~,~qv r •F ~ j .~ti,1~ ; .4 ~~~~~ ~~ S ~ ~ A ~ ~ ~ ~ ~~~ ~~ 74 ~, t, ~ ~~~c a~~ . ~~ t! et ~ ~ -ri L ~ ~ ~`a,. 'W ~ ~. ~~ . k ~ ~ ) s t~I , r ~ ~t1~ ,tY ~ i ; M1 ,4 • :R elf l ' ~ ~. ,. ~ ~ ~~ f 'tj, ~ 'DF,. t '3k ~ ~~` t ~ ,p ~ t~( ~K~ ~i7 , tt ., ,_. f 3 if ~~. ~ ' ~ ~ 1' ~~ , .. ~ 6 ~ q. ~ ~~ ~ ~611r ~~ ! r ~ i ~ _ G ~ ~ ~ ~~ } -1~-- __ ~, ~ _ 'WE_ Wo a ~•• ~, ~ -- ~ ~ i ~ ~ °~r~ ~r _F ; A • '~ ~ r ~ f a ,~y~t~ ~; li E~ ~ ..`„ ~ ~~ ~ ~ t. rw (i~~ i{ T x ~ ~ ~~ ~.~~~ ~ ~~~,~ 1 r d't~ ~ 4'' tY_,' 1,~s ,~. "'~' , ~~I I'f ~ r ". SJ ~ i i ;~~; ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: S~ tfDOIC~ ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: ~jyy~p,.y ~g~., l n ~r2 5: ~w~ , 2009 STATE OF COLORADO ) ss. County of Pitkin ) I, ~-QiIG~ c~ COJ ~t (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner:; ' / ~^ v Publication of notice: By the publication in the legal notice section of an official ~ paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development DeparGnent, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. .Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public heazing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeazed no more than sixty (60) days prior to the date of the public heazing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice tq and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifreen (15) days prior to the public hearing on such amendments. Signatttfe The foregoing "Affidavit of Notice" was acknowledged before me this Z~ day of,~~.{ , 2009, by ~~ ~, ~ - s E.tn I~ I WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~ ~~~p~ ~ ~ ~~~ Notary Public r ~ ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMEN,I,AI, AGENCIES NOTICED BYMAIL >yMich AIeC. Irelentl Me or Pub6shetl in the Aspen Lmes Weekly oo my 26 ~ ~ 2008 ~3~66fi007 OKDINANCE N0.21 (SERIES OF 2007) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING HISTORIC DESIGNATION FOR A PORTION OF THF, BOOMERANG LODGE PROPERTY LOCATED AT 500 W. HOPKINS AVENUE, LOTS K-S, BLOCK 31, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID #:2735-124-49-002 WHEREAS, the applicant, Aspen FSP-ABR, LLC, owner, represented by Michael Hoffman, Sunny Vann, and Reno- Smith LLC, has initiated Historic Designation review for a portion of [he property located at 500 W. Hopkins Avenue, Lots K-S, Block 31, City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council, after a recommendation from HPC, determines sufficient evidence exists that the property meets the criteria; and WHEREAS, Amy Guthrie, in her HPC staff report dated April 25, 2007, performed an "'' analysis of the application based on the standards, found that the review standazds had ~~" been met, and recommended approval; and WHEREAS, at their regular meeting on April 25, 2007, the historic Preservation Commission considered the application, found the application was consistent with the review standards and recommended approval of the application by a vote of 4 to 0; and WHEREAS, the City Council fmds that the application meets or exceeds all applicable standards and that the addition of a portion of the Boomerang Lodge as a historic landmark to the Aspen Inventory of Historic Landmazk Sites and Structures is consistent with the goals and elements ofthe Aspen Area Community flan; and, WHEREAS, the City Counci] finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLOKADO THAT: Section 1 The City Council finds that the application is complete and sufficient to afford review and evaluation for approval; and Section 2 The City Council does hereby approve designation of a portion of the property located at 500 W. Hopkins Avenue, Lots K-S, Block 31, City and Townsite of Aspen, Colorado, as defined in Exhibit A, to the Aspen Inventory of Historic Landmark Sites and Structures. Section 3: 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 construed and concluded under such prior ordinances. Section 4: 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance will be held on the 11"' day of June, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 6: °'"~° This ordinance shall become effective thirty (30) days following final passage. ~'; ~~ INTRODUCED, READ AND O12DERED PUBLISHED as pr v'd d ', by the City~~ Council of the City of Aspen on the 14a' day of May, 2007. -'/°C-/ elen a ~ 1 derud, Mayor f, - A '4• , ~ ~. L Kathrvn S. K y City Clerk FINALLY, adopted, passed and approved this 11 `h day of June, elen Kan anderud, Ma 'Kathrvn S.1 ,City Clerk Approved ~,{+ form: Sohn P. ~Vorecsfer, City Attorney °;'" Exhibit A- Map of Lots K-S, Block 31, City and Townsite of Aspen, showing portion of $'"~ property designated as a Historic Landmark. FV LS 45TERN FACADE AND POOL SJB~EGT TO HPG PURVIEi^+ NEYi BUILDINv EXHIBIT ~~ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-yeaz vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Ordet shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall. be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development. plan as described below. Fountain Squaze Properties, 11921 Freedom Drive, Sutie 950, Reston, VA 20190 Property Owner's Name, Mailing Address and telephone number 500 West Hopkins Avenue, legally known as Lots K-S of Block 31, City and Tovvnsite of Ashen, Pitkin County, Colorado Legal Descriptiou and Street Address of Subject Property The Annlicant received annroval of a Planned Unit Development and Subdivision alon with various other land use approvals to allow for the redevelopment of the Boomerang Lodge consistin¢ of 47 condominiumized lodge units, 5 free market residential units and 2 affordable housine units. appurtenant infrastructure_ landscanine and pazkine. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen. City Council, Ordinance No. 26 Series of 2006 anprovin¢ the PUD/Subdivision and related land use approvals associated with and necessary for the development plan. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Effective Date of Development Order'(Same as date of publication of notice of approval.) October 20.2009 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Win, .., Issued this 13th day of October, 2006, by the City of Aspen Community Development Director. ~,.., PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan for the Boomerang Lodge, creating a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 500 West Hopkins Avenue, legally known as Lots K-S of Block 31, City and Townsite of Aspen, Pitkin County, Colorado, by Ordinance No. 26, Series of 2006 of the City Council of the City of Aspen, approved on August 28, 2006. The Applicant received approval of a Planned Unit Development and Subdivision along with various other land use approvals to allow for the redevelopment of the Boomerang Lodge consisting of 47 condominiumized lodge units, 5 free mazket residential units and 2 affordable housing units, appurtenant infrastructure, landscaping and pazking. For further information contact Joyce A. Allgaier, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2754. s/ City of Aspen Publish in The Aspen Times on October 20, 2006 EXHIBIT ~~ VANN ASSOCIATES, LLC Planning Consultants February 13, 2007 HAND DELIVERED Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Boomerang Lodge Subdivision/PUD Recordation Deadline Dear Chris: Please consider this letter a formal request to extend the recordation deadline for the final plat, final PUD development plan, and associated documents for the Boomerang Lodge Subdivision/PUD. The request is submitted pursuant to Sections 26.480.070. E. and 26.445.070.A. of the Land Use Regulations by Aspen FSP-ABR, LLC, the project Applicant. The above regulations permit the Community Development director to extend the deadline if the request is submitted within the approval's vested rights period and there is a community interest for granting the extension. The subdivision/PUD documents for the project are required to be recorded within 180 days of the receipt of final City Council approval. Final PUD approval, and all associated review approvals, was granted by the Council on August 28, 2006, pursuant to Ordinance 26, Series of 2006. Consequently, the subdivision/PUD documents must be recorded no later than February 24, 2007. All of the required recordation documents were submitted to the City for review and comment on February 13, 2007. While we hope that the Community Development and Engineering Departments will be able to complete their review in a timely manner, revisions may be required to address any issues which may arise. It should also be noted that the various documents require signature by numerous individuals due to the complexity of the project, and that the documents must be circulated both locally and out of state prior to recordation. As the project's vested rights status remains in full force and effect, and the redevel- opment of the Boomerang Lodge is clearly in the community's best interest, I would appreciate it if you would extend the recordation deadline as provided for in the 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 r `°, ti :s Mr. Chris Bendon February 13, 2007 Page 2 ~r- Regulations. While we are amenable to any reasonable extension period, a thirty (30) day extension of the original February 24 deadline would appear sufficient to accom- modate the City's review process and any changes to the documents which may result therefrom. The extended recordation deadline, therefore, would be March 26, 2007. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, ~~,,~/~ f~~ ~//~_ VANN~ISSOCIATES, LLC ~'~ ~ "~""'" - "" 1 """` ~ 13,2} Vann, AICP :~,~,,, APPROVED cc: Steven R. Stunda FEB J. 3 2007 E. Michael Hoffman, Esq. COMMUNITYDEVEIOPMENTgRECiOR CITYOfASPEN c:\oldc\bus\ciry.ltr\Itr48905. cb 1 Ordinance is not clear -only ive free market units were approved not six. More information on the mitigation information: (Sunny will elaborate on this) - 13 new lodge units not 18 new lodge units o Creates 3.9 employees o Not 5.4 employees o Designated landmarks get an exemption of 4 employees (currently) Free market housing - 10,733 of floor area o Affordable housing must be 30% of net livable of Free market housing - we don't have net livable figures to use o Project has 1384 feet of floor area (not let livable) and would need an additional 1836 square feet of net livable o If a studio must be at least 500 square feet of net livable area for a category three unit then 1836/500 = 3.67 employees The current code allows you to choose which component that you would like to mitigate for based on the larger number of employees generated for the project in this case the project generates 3.9 employees for the new lodge units or 3.67 employees for the free market component o The larger mitigation requirement is 3.9 o The project is also eligible for an exemption of mitigating for 4 employees as a result of the designation o The project was approved for two affordable housing units (1,384 square feet of floor area) Revised 8/6/2009 Page 6 of 6 ~~ 23, o00 ~q ~- Chris Bendon -~ S'Z uv~i~-, 18~co} /[YtnS Community Development ~ FN" Aspen, CO 81612 Z ~ u January 2, 2008 w'~`Y t,Ytr~(r~y'wt. d (`I~ ~ ~73s'~z~~i~f l us7.~ RECEPTION#: 545869, 01!15/2008 at 12:42:59 PM, 1 OF s, R $31.00 Doc Code AMENDMENT Janice K. Vos Caudill, Pitkin County, CO f"'~~ ors eag~-STt~~ ~ spa-1~- 0 /'oo~~rt\~~ ~a t ~~ ~! Re: Boomerang bodge insubstantial amendment to the PUD `~~ dC~L~ Chris, ~ ~ ~'O (o This letter with exhibits A, B, C & D contains all of the issues and comments that Pl~in and Zoning had regarding the building permit review for the Boomerang Lodge Redevelopment. The following items were discussed and agreed upon at a meeting held at City Hall on December 27, 2007 between Chris Bendon the Director of Community Development, Jennifer Phelan the Assistant Director of Community Development and Todd Grange Zoning official (P7anning Staff) and Richard Spencer of Reno Smith Architects and the ownership representatives Tripp Adams and Steve Stunda. This letter makes up an insubstantial amendment to the PUD for the Boomerang Lodge. - 25~~- ---, lq I g ~ppf (~`~,t ~ ~~~ 1 v~ REN08MRH,IRCNRECT9. LLC. ~S W 1NVN ST. N' 002 ~BPEN caowno 81611 a. Zoning questioned that the height of the center of the building exceeds the allowable °155B8B building height by 1'-8". Page 2 of the recorded PUD dated 3/21/07 indicates a 970 maximum building height of 36'-6". As a result of insufficient information available r,,csx.N~E regarding existing grades for the site, the system for measuring building height q sro.azb.sse+ ` became ambiguous. At the meeting it was determined that the current survey would 1D be used and it would be permissible to "connect the dots" from the North property ~` amw®:,~ro.~ line grades across the area where the demolished building existed. It was at this time ~ ` that the center portion of the building was deemed to be 1'-8" too tall and it was ~t required to lower the center section of the building by 1'- I 1 ". (see exhibit A & B) This graphic clearly illustrates the complete roof line of the lodge below the 36'-6" datum line (shown dashed). This solution was agreed upon by the entire Planning and Zoning staff present at the meeting. mr+ souTNSioE onnE b. Zoning questioned the heights of the mechanical and elevator shafts at the roof The wL~o~LS~oo Mechanical encroachments (elevator shafts, vent chases, chillers) are allowed to s+sx+ exceed the height limit by a maximum of 5'-0". (exhibit A and B) The elevator vent ero~reere shafts protrude past the 36'-6" height limit but are under the allowable 5'-0" as noted in the City of Aspen Zouing Checklist page 4, "Methods of Measurement of Roof Height" item e., it states: Antennas, chimneys, flues, vents or similar structures.....sha11 not exceed 5'-0" above the speeifred maximum building height limit. (see exhibit A 8t B) the indicted elements encroach no more than 4'-0" above the allowable limit. The planning staff at the meeting agreed to this Municipal Code interpretation. 1N3wdoi3n3a allN(1Nr'WOJ Zoning questioned if the large stone wall on the South elevation meets the PUD N3dS`d jv J.11~ intent and found that it was acceptable with the recorded PUD for two reasons; (1) as an ~iU~ - ~ ~ architectural "element" to brake-up the horizontal mass of the building. (2) as a ~ ' functional chase for required fireplace and mechanical venfing. (exhibit A & B). The stone walls (South and North elevations) that project a couple of feet above the Lodge's a.. n! 3 ~3~ roof line are accepted under IBC 504.3 Roof Structures which states: Towers, spires, steeples, and other roof structures shall be constructed of materials consistent with the ' required type of construction......shall not exceed 10' above the allowable height ij made ojcombustible materials. This is simply an architectural element to break-up the linear massing of the building. The planning staff agreed that these items are ~ ~~ ,~ n sx x.~. ~s ~'i ~ _ Ilte C~rv or A,rrs~ n 4.~zsuex ~lv€~~gs;~~~ ES:~t k~eit4t~~:-a6ra iuac:`<.a~ '`cn~ta~~~ Date: J une 26.2009 Dear City of ~~srer, Laid Use Revic~r~ i`:pplicaut, We have receivc;l your land us: a~ ~ilica'ien <~nd r, ~~~i ~~^d it for conlplete,uss. "171c casa number J (C> C l Buomeran Lod. e ~ ualu~ o~, and name assitr~~cd to this prop~.ty is O~I~ ??'~ %:~ ?_-- _ -_.-mod-- ! ~ _.` ~I CSIU ~~ 4z'~_ia ~ ~~C ~~ann(I cs 5.`;lgn~'_~ i0 ~~li: C I C !S i'. 1 1,A':1175. ~~°~ ~ <)~sk ,. ...? ~ ~ :;^ ~t ~'3 file a .~26:= a t stir: %!S~ p„'rG; ~4f ~IUP.C1 1 ~1 1~;C ds)~IIICfl;i!?sl 'cCd3 f~It,. J,I:Li S 10 he SLIbIl77lLid COC 11 i0 bC CleCll'.CCI COi71 ~)~~'`% t rj J01 a LO ~)'.giL ~. J F'd; :i.4? ... ~^' i C.i'rl jilt ~O~~iJ Wli7~ addll](.Pa~ S~~h I1L'SS1011 OCrttf;l?~S SOT ~~'6ll fl.~1~:I1CaL'Otl: ~~~CB >:- SLIIJmIi f~ ~ FfCiCifiCP.liOnC."~ IIl d;flr~ t .~!T2.`.~ CI: ILCnl9 SO ~hEtt ~~C lllc!'{ bl~;lii 1'31'il. 111 n(?, your tnpiicau~> > `~o re~u ,v heave ~~ wili b< >~ !.~ :'~ i ~d uniil all of the subs isson .lilt^nls listed £lb0AL haVC ~)U .s SI:~Cr!liltlad ald al (. LO r~~C s' ~ :'::~I(ls '~~ LYi6 Lill OI /1 Sp Cn ~'saml i I,'. ~-iCN'll1 ~ th laud IISC N~)j)il G1LI0n. Y/ ~?a. ~'f Cs F' ~,^t°a-~ ~ "l~~; ~; ~Iik1El Oid w QsC.~:~7k`.+J: 1 \`` ,F II (here ar, I ut mis,°ing items listed ab ~ c. ih::n ~~~c~r <Ipplicaf~on Ills bran d~_~ncd co;~iple~c to begin tile, land use review process. V ~~lE~f• .. ~I~~I t11 n5~1) 1 t'Il]S IOaV bC 1't,l~LtC51.Cii ~~.s' :;_~1C%i. .. ' 1'C~'1~~',' ~71'OCeSS q5 C~CC1P Si J'.. .: FSaiy ~js l~le l~nn7nU.1n1(` Li~'dCl(11~mcnt ~. Y~lltll7Cn~ ss~: Ei`.f „i~BC( Il it "2~) ~~59 71 Al''-7 hlV'f'. ap-Y (~I LCSIIORS. Ti?ant. YOU __ V-_ ` ~~_ icn5n < 1 hela~~;~~ ~,puty llirector Cit}~ of !`,sp~~n ~ omnn,nity Leveloi~mcntl>~~ h~ ;~ ~~ C;;A0~~~~uu~euis ai d Settings\.c~~ifcpAMy Documcn' ,ri ,u.uu;~;fcmnl'atcs\T.anpl~.lzs1l mid ikc C~ ,_~pl ~tcncs LcLtcr i,uud Llsr-doe. .., THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0040.2009.ASLU 2735 12 44 9002 500.W. HOPKINS AVE ERRIN EVANS VESTED RIGHTS EXTEN SUNNY VANN 08.17.2009 CLOSED BY Angela Scorey on 10/29/2009 ,~ '..> DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. As[xn FSP ABR, LLC 500 West Hopkins Avenue Aspen Colorado 81611 represented by Sunny Vann of Vann Associates LLC 230 East Hopkins Avenue Property Owner's Name, Mailing Address and telephone number Boomeran¢ Lodee Subdivision Planned Unit Development Aspen Colorado more commonly known as 500 West Hopkins Avenue. Legal Description and Street Address of Subject Property Written Description of the Site Specific Plan and/or Attachment Describing Plan the approval of Resolution No. 58 Series of 2009. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) AUQUSt 16, 2009. Effective Date of Development Order (Same as date of publication of notice of approval.) October 20, 2012. Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 17`h day of August, 2009, by the City of Aspen Community Chris Bendori, Community Development Director ,~„ o.., ~arc~. (D~ 2~3s-12 -~ - ~~' 6o Z ooc~o ~2~ EYe 6dK B6cad Nm'4~ Fgm Repgrje Format I~ tleb brtd rYPe ~°~' _l^~an Lana u:~ RemVt s ~og+o.zog9.asLu Fddess BOO WIgPKR18 AVE J AptJxite (~, ASPEN Rata CO - Zip 1611 Pamt Nfomiaom _.... '_ _. _... __.. _.... Mastar Perrti~-J Ral'n9 Q~~ s~uW Yl4(zOO9 J Appied Ptopd~- J RaWS Pending r Approved I -~ Desulption VESTED 0.7G4T5IXTENTION ]slued ~- J Ff~el ~J Submtted SINNY VANN 925 6958 Clotk Rumng OeYS ~ Expires O6)19r2O1O J Owner _. Last Name 0.~EN F5P-ABR LLC J _ _. _. _... __.. _... Fis[ Name C)0 STEVEN BTUNDA E 7 pNgre (970) 9254819 ASPEN 81611 0 ~ Ovaw [s Appkant7 ___. ~yd..: .:.: ____ _.... __. ___. ___. _. Lett Nome NFSP-ABR LLC J Frst Name C)O STEVEN BTUNDA 6ASPEN~C081611 ptaro 970)925-7819 Cusk~ 2e621 J __. _.. _. dler_--_ _.__ _. ___ _. __.. _.. _._ Last Name ~-J hstName~ pN~a ~- .I' __ _. _.. __ AwerGaldlbl _' ~. _. Rewda dl ~ -(~ boo 3~ °~ ~io~,~r $ ~, X20 ~ 4~ C~°~ ~~\~~1~ ~p Ir-rr~ ~ ~e~ ~~ ~ ~~ ~~~ P~~ ~ ~,.~ A .,.. CITY OF ASPEN `~ Permit Receipt RECEIPT NUMBER 00025932 Account name: Applicant: Type: Permit Number 26621 C/O STEVEN STUNDA ASPEN FSP-ABR LLC check # 000399 Fee Description Date: 6/24/2009 Amount 0040.2009.ASLU Aspen Land Use App Fees 1,470.00 Total: 1,470.00 ~~r ~~ ~ ~w~ ~~~~ VANN ASSOCIATES, LLC Planning Consultants June 22, 2009 HAND DELIVERED Ms. Errin Evans Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RECEIVED JUN 2 3 1009 ITY' JF ASPEN lggCilUNiN DEU~ELOPMEN"i Re: Boomerang Lodge Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the Boomerang Lodge Subdivision/PUD, a mixed-use condominium lodge/residential project which has been approved for development on Lots K through S, Block 31, City and Town- site of Aspen (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The project's street address is 500 West Hopkins Avenue. The application is submitted pursuant to Section 26.308.O10.C. of the Aspen Land Use Regulations (the "Regulations") by Aspen FSP-ABR, LLC (hereinafter "Appli- cant"), the owner of the property (see Exhibit 2, Title Insurance Commitment). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. Aland use application form, an application fee agreement, and list of property owners located within 300 feet of Lot 1 are attached as Exhibits 4, 5 and 6, respectively. Background Lodge, free market residential, and affordable housing GMQS allotments were granted to the project by the P&Z on June 13, 2006 pursuant to Resolution No. 18, Series of 2006 (see Exhibit 7). Final PUD approval; subdivision and condominiumiz- ation approval; a rezoning; and vested property rights were granted to the project on August 28, 2006 pursuant to City Council Ordinance No. 26, Series of 2006 (see Exhibit 8). On June 11, 2007, the City Council designated a portion of the project site as a Historic Landmark pursuant to Ordinance 21, Series of 2007 (see Exhibit 9). A Development Order for the project was issued by the Community Development Department on October 13, 2006 (see Exhibit 10). As the Development Order indicates, the project's approvals are presently vested until October 20, 2009. 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970!920-9310 Ms. Errin Evans June 22, 2009 Page 2 Vested Rights Extension Pursuant to Section 26.308.O10.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring perfor- mance prior to the date of application for extension or reinstatement; Section 7 of Ordinance No. 26 required the Applicant to record a subdivision plat and final PUD plans memorializing the Boomerang Lodge Subdivision/PUD's development approvals within 180 days of the Ordinance's adoption. Similarly, Section 8 of the Ordinance required [he recordation of a subdivision/PUD agreement within the same time period. A 30 day extension of the recordation deadline was granted by Chris Bendon on February 13, 2007 (see Exhibit I1) and the plat, PUD plans, and subdivision/PUD agreement were recorded with the Pitkin County Clerk on March 21, 2007. In addition to the above, Section 17 of Ordinance No. 26 required the Appli- cant to initiate the designation of the east wing of the former Boomerang Lodge as a Historic Landmark prior to recordation of the project's subdivision plat. An applica- tion for historic designation was submitted on February 9, 2007 prior to the plat's March 21, 2007 recordation date. As noted previously, the relevant portion of the project site was officially designated by the City Council on June 11, 2007 pursuant to Ordinance No. 21. 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The Applicant has made diligent efforts to obtain the requisite building permits for the project. These efforts included, inter alia, the preparation and recording of all necessary subdivision/PUD documentation, the development of final architectural and engineering plans and specifications, requisite environmental testing, the demolition of the non-historic portion of the former Boomerang Lodge, and the submittal of various building permit applications and related materials to the City's Building Department. Aggregate expenditures made by the Applicant in connection therewith total approxi- mately $2,900,000.00. ~.., Ms. Errin Evans June 22, 2009 Page 3 It is our understanding that the City has completed its review of the project's building permit application, and issuance of the permit could occur upon the Appli- cant's payment of all remaining associated fees. A 180 day extension of the of the building permit application, however, has been requested by the Applicant and granted by the Building Department. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. In addition [o the historic designation of a portion of the former Boomerang Lodge, the Applicant has previously paid tree mitigation, water tap, and sanitation impact fees to the City and the Aspen Consolidated Sanitation District totaling approximately $291,079.00. Approximately $140,127.00 in additional school, park, and TDM/air quality impact fees will paid at building permit issuance. 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Progress on the redevelopment of the Boomerang property has halted due to the current nationwide economic climate and the inability of [he Applicant to obtain construction financing for the project. No community benefit would result from the expiration of the project's vested rights as such rights are essential to the ability of the Applicant to continue to pursue financing and to resume development of the project. Given current economic conditions, and the uncertainty as to when project financing will become available, the Applicant respectfully requests that vested property rights for the Boomerang Lodge Subdivision/PUD be extended for a period of five years from October 20, 2009, or until October 20, 2014. As it is presently unknown when development will resume, the Applicant will agree to reclaim the disturbed portion of the site to include removal of a majority of the construction fencing and the regrading and seeding of the disturbed area. Fencing, however, must remain around the historically designated portion of the former lodge. The fencing is a condition of the Applicant's insurance carrier and is required to prevent unauthorized access to the building, to prevent vandalism, and to secure the building's outdoor pool area. Ms. Errin Evans June 22, 2009 Page 4 Should you have any questions, or require additional information, please do not hesitate to call. LLC cc: Steve Stunda d:\oldc\bus\city.app\app54509.ext Yours truly, gg EXHIBIT CITY OF ASPEN 9 / PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Errin Evans, 429-2745 DATE: 06.11.2009 PROJECT: 500 West Hopkins Avenue (Boomerang Lodge) -Extension of Vested Rights REPRESENTATIVE: Sunny Vann Tel: 925-6958 DESCRIPTION The Applicant would like to request an extension of vested rights for the redevelopment of the Boomerang Lodge project. The project consists of retaining a portion of the building with a historic designation and redeveloping the lodge into 47 hotel units, 5 free market units, 2 affordable housing units and underground parking facilities from 34 hotel units. The applicant would like to apply to extend the vested rights of the project to secure financial commitments. To receive an extension of vested rights, the applicant must submit an application to Council for approval by resolution at a public hearing. Land Use Code Section(s) 26.304.030 Common Development Review ProceduresR ..CEIVED 26.308.070 Vested Property Rights • http:l/www.asoennitkin.com/deots1381citvcode cfm JUN 2 3 2009 Review by: -Staff for complete application CITY OF ASPEN - Referral agencies for technical considerations CQMMUNIIY DEUFLOPMENT -City Council Planning Fees: $1470 Deposit for 6 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $245/hour). Total Deposit: $1470 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Signed fee agreement. 6. Pre-application conference summary. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, 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, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 9. An 81/2" by 11"vicinity map locating the parcel within the City of Aspen. 10. Additional application material as required for each specific review. (See application packet and land use code) 11. Approved development plans on which vested rights are to be extended. 12. Copies of prior approvals. 13. 10 Copies of the complete application packet and maps. 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. EXHIBIT Old RepubBc National Title Insurance Company ALTA COMMITMENT Our Order No. Q387506-2 Schedule A Cust. Ref.: Property Address: , SOD WFST HOPKINS AVENUE ASPEN, CO 81611 1. ERecHve Date: IanuarySl$ 2007 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commihnent Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Coowitment and covered herein is: A Fee Simple 9. Titk to the estate or interest wvered herein is at the eD'ective dale hereof vested in: ASPEN FSP-ABR, LLC., A DELAWARE LIMITED LIABILITY COMPANY 5. The land referred Io in this Commitment is described as follows: LOTS K, L, M, N, 0, P, Q, R, AND S BLOCK 31 CITY AND TOWNSiTE OF ASPEN COUNTY OF PITKIN STATE OF COLORADO ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q3875D6.2 The followfig are the requirements to lx complied with: Payment to or for the account of the grantors or mortgagor of the full considerafion for Ue estate or interest to he insured. Proper insWment(s) ueadng the estate or interest to be insured must he executed and duly filed far record, to-wit: THIS COMMI'T'MENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY. ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ,~, _ . 4- / ALTA COMMITMENT Schedule B-2 (Exceptions) O~v Order No. Q387506-2 The polity or polities to be issued wiB contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by Ute public records. 2. Easements, or claims of eazements, not sbown by the public records. 3. Discrepancies, rnnllicls in boundary lines, shortage in area, encmachmevts, and any facts which a correct survey and inspettioo of the premises would disclose and which are not shown by the pubOC records. 9. Any Ben, or right to a lien, fm services, labor or material theretofore or hereailet furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other ma0ers, if any, created, first appearing in the public records or anaching subsequent to the eflecdve date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by Ibis Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Lieas for unpaid water and sewer charges. if any. 9. DEED OF TRUST DATED JUNE 28, 2005, FROM ASPEN FSP-ABR. LLC.. A DELAWARE LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF BANK MIDWEST. NA TO SECURE THE SUM OF 00 RECORDED JUNE 29, 2005, UNDER RECEPTION NO. 511778. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS RECORDED JUNE 29, 2005, UNDER RECEPTION N0. 511779. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF ENTITLEMENT DOCUMENTS AND CONTRACTS RECORDED JUNE 29, 20D5, UNDER RECEPTION NO. 511780. 10. FINANCING STATEMENT WITH, BANK MIDWEST. NA THE SECURED PARTY, RECORDED JULY 12, 2005 UNDER RECEPTION NO. 512253. 11. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES. 12. RESERVA770N5 AND RESTR1CT10NS AS CONTAINED 1N DEEDS RECORDED JANUARY 3, 18881N BOOK 55 AT PAGE 378 AND RECORDED JULY 30, 1889 IN BOOK 55 AT PAGE ALTA COMMITMENT Schedule H-2 (Exceptions) Our Order No. Q387506.2 The policy or poGries to be issued wRl contain exceptiore to the following unless the same are disposed of to the salisfadion of the Company: 576 PROVIDWG. "THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF COLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS, AND PROVIDED FURTHER THAT THIS DEED 1S MADE AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED W SECTION 2386 OF THE REVISED STATUTES OF THE UNfi'ED STATES." 13. TERMS, CONDITIONS AND PROVISIONS OF ORDWANCE N0. 2, SERIES 1997 TO REZONE SPEC~IC PROPERTIES RECORDED SEPTEMBER 03, 1997 AT RECEPTION N0. 907979. 14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION O8, SERIES 1997 GRANTING A VARIANCE RECORDED SEPTEMBER 23, 1997 AT RECEPTION NO. 406741. 15. TERMS CONDITIONS AND PROVISIONS OF CITY OF ASPEN ORDWANCE #26 'RIE OF 2006 RECORDED TANUARY 02. 2007 AT RECEPTION NO. 532933. EXHIBIT June 12, 2009 Ms. Errin Evans Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Evans: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our vested rights extension application for the Boomerang Lodge Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforemen- tioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN FSP-ABR, LLC, a Delawaze limited liability company teve Stunda, Development Manager/Paztner 02 North Fourth Street Aspen, CO 81611 (970) 925-7604 Aspen, Co 81612 (970) 948-0813 d:\oldc\bus\city.ItrUtd4509.ee 1 ~ECEAVf D iEf~ 2 3 20Q9 LAND USE A f •~RNiFN~ APPLICANT: Name: ~~~.~i/'~~~.~Q ~~ Location: ~ ~r/~~~~~/N~ ~~ (Indicate street address lot & block number, legal description where appropriate) ParcellD # (REQUIRED) REPRESENTATIVE: Name: /~, \, ~~ ~,/ v~--~Yi~,/ 7 ~~~~ ~~~~S ~~ ~ i~ ~~ %"7 ~ ~.~'G Address: ~~ ~ ~G~f/s~la /~{Vt~'i ' Phone #• yy ~'7~e~.r~~ ~~ ~re~~ PROJECT' Name: / ~~jGa 5[S/5j7/~~/5'/GK/~/Z5~ -~''G4~i~ l~d _ , /~ Address: , ` //~. ~ - Yp~r~ /TIeS7~TT~ Phone #: TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion ^ ^ Mountain View Plane Lot Split ^ Temporary Use Lot Line Adjustment ^ Text/Ma Amendment ~ ~Opth~er: ~~f~~ ~ Y n of existin buildin s, uses, revious a EXISTING CONDITIONS: (descri do royals, etc. ? ~~~/ ~~ PROPOSAL: (descri tion of ro osed buildin s, uses, modifications, etc.) G~~ ~/'t°c/a•1T.c~/ Hayeyou attached the following? FEES DUE: $~`r"?~ ~' a Application Conference Summary [Attachment #1, Signed Fee Agreement y~ ^ sponse to Attachment #3, Dimensional Requirements Form [~] R sponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~~ ~~~ C (hereinafter APPLICANT) AGREE AS FOLLOWS: c,~/ (hereinafter, THE PROJECT). EXHIBIT '~? ~ ~ 2009 ~5PEN1 i)E'JFLOPMENT 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable [he Planning Commission and/or City Council to make legally required 5ndings for project consideration, unless current billings are paid in full prior [o decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a f~etermination of application completeness, APPLICANT shall pay an initial deposit in the amount of 5/ 7d which is for ~ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of 5220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director g:\su ppo rt\forms\agrpayas.d oc f 1/30/04 APPLICANT Date: Billing Address and Telephone Number: Re~urred2 t, ~~~ sr -~~I'°~t/ ccs ~/G~r -~ y'ZS-7G~ Easy Peel® Labels Use Avery® Template 5160® 501 W HOPKINS LLC PO BOX 8769 ASPEN, CO 81612 604 W EST LLC 604 W MAIN ST ASPEN, CO 81611 ALPINE BANK ATTN ERIC GARDEY PO BOX 10000 GLENWOOD SPRINGS, CO ~ ~ Bend along line to Feed Paper expose Pep~lJp EdgeTM 501 WEST MAIN LLC 532 E HOPKINS AVE ASPEN, CO 81611-1818 ALEXANDER JOAN P PO BOX 4818 GRAND JUNCTION, CO 81505 ALPINE BANK ATTN JEAN MOORE 600 E HOPKINS AVE 81602 ASPEN, CO 81611 ANGELOV DIMTAR S & DANIEL D 605 W HOPKINS AVE #209 ASPEN, CO 81611 ASPEN SQUARE CONDO ASSOC INC 617 E COOPER ASPEN, CO 81611 BRIDGE WILLIAM & JOSEFINA 2075 SHERWOOD DR CAMBRIA, CA 93428 CARTER RICHARD P 400E 3RD AVE #804 DENVER, CO 80202 CHUCHMAN GEORGE S PO BOX 2800-355 CAREFREE, AZ 85377 CORTALE ITA 205 S MILL ST #112 ASPEN, CO 81611 DUNSDON S MICHAELE BORKENHAGEN DAVID A 617 W MAIN ST #D ASPEN, CO 81611-1619 ASPEN CONDO ASSOC 600 E HOPKINS AVE #304 ASPEN, CO 81611-2934 BARYON META PACKARD 4475 N OCEAN BLVD APT 43A DELRAY BEACH, FL 33483 BROOKS NORMAN A R LESLEE S 16311 VENTURA BLVD #690 ENCINO, CA 91436 CHAKERES JOHN B TRUST 3801 KENNETT PIKE C200 GREENVILLE, DE 19807 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 CUMMINS RICHARD 1280 UTE AVE #10 ASPEN, CO 81611 EMERICK SHELLEY W 2449 5TH ST BOULDER, CO 80304 EXHIBIT 521-523 W HOP HOUSING CONDO ASSOC 521 W HOPKINS AVE ASPEN, CO 81611 ALLEN DOUGLAS P 403 LACET LN ASPEN, CO 81611 AMAYA JOSE ANTONIO ARGUETA BLANCA EDITH 605 W HOPKINS AVE #103 ASPEN, CO 81611 ASPEN MESA STORE LLC C/O ASPEN BLUE SKY HOLDINGS LLC PO BOX 8238 ASPEN, CO 81612 BERR LLC 611 W MAIN ST ASPEN, CO 81611 CARROLL MEREDITH COHEN CARROLL ARTHUR RICHARD 605 W HOPKINS AVE #210 ASPEN, CO 81611 CHRISTIANA UNIT D101 LLC C/O FRANKLIN ST PARTNERS LLC 215 ZOE WY MIAMI, FL 33140 CLEANER EXPRESS 435 E MAIN ST ASPEN, CO 81611 DESTINATION RESORT MGMT INC 610 W EST END ST ASPEN, CO 81611 ERICKSON A RONALD 605 W HOPKINS AVE #211 ASPEN, CO 81611 Etiquettes faciles 3 paler ~ Repliaz 5 la hachure afro de www.averycom Utilisez le aabarit AVERY® 5160® Sens de reveler le rcbord Pe U Te 1-800-GO-AVERY rharnemenr P P Easy Peel® Labels ~ ~ Bend along line to Use Avery® Template 5160® / ' i Feed Paper expose Pop-Up EdgeTM FARR CHARLOTTE FINE FREDRIC N & SONDRA 306 MCCORMICK AVE 412 MARINER DR CAPITOLA, CA 95010 JUPITER, FL 33477 FRIAS PROPERTIES OF ASPEN LLC GARMISCH LODGING LLC 730 E DURANT 8566 COLLATE AVE ASPEN, CO 81611 LA, CA 90048 GOLDMAN DIANNE L GORDON LETICIA PO BOX 518 C/O JOE RACZAK GOLDEN HORN FAIRFIELD, CT 06824 555 E DURANT AVE ASPEN, CO 81611 HAISFIELD MICHAEL DOUGLAS HAYMAN JULES ALAN HAISFIELD LISA YERKE 9238 POTOMAC SCHOOL DR 616 W HOPKINS POTOMAC, MD 20854 ASPEN,CO 81611 HY-MOUNTAIN TRANSPORTATION INC 111C AABC ASPEN, CO 81611 IGLEHART JI M 610 W HALLAM ST ASPEN, CO 81611 ILGEN EILEEN L C/0 DAN SODERBERG 2569 LOWER RIVER RD SNOW MASS, CO 81654 JOHNSON STANFORD H PO BOX 32102 TUCSON, AZ 85751 KELSO DOUGLAS P 627 W MAIN ST ASPEN, CO 81611-1619 KURKULIS PATSY 8 PAUL R 605 W HOPKINS AVE #201 ASPEN, CO 81611 LESTER JAMES 229 CHRYSTIE ST #1417 NEW YORK, NY 10002 ILGEN JACK D & ELOISE 17352 HWY 82 #C CARBONDALE, CO 81623 JOHNSTON FAMILY TRUST 2018 PHALAROPE COSTA MESA, CA 92626 KOELLE ALICE PO BOX 2871 ASPEN, CO 81612 LAMB JENNIFER C 8 TIMOTHY E 605 W HOPKINS AVE #204 ASPEN, CO 81611 LITTLE AJAX CONDOMINIUM ASSOC 605 W HOPKINS #006 ASPEN, CO 81611 Q AVER1(® 5150® 1 FRANSEN ERIN M R GREGORY H PO BOX 5082 GILLETTE, WY 82717-5082 GOLDENBERG STEPHEN R & CHERYL J 430 W HOPKINS AVE ASPEN, CO 81611 H & H PROPERTIES LLLP 807 W MORSE BLVD STE 101 WINTER PARK, FL 32789-3725 NORTON DAYNA L 520 W MAIN ST #22 ASPEN, CO 81611 IGLEHART JIM 617 W MAIN ST ASPEN, CO 81611 JEWISH RESOURCE CENTER CHABAD OF ASPEN 435 W MAIN ST ASPEN, CO 81612 KELLY KIM 605 W HOPKINS AVE #202 ASPEN, CO 81611 KONIG DEBORAH HANSON KIM 605 W HOPKINS AVE #203 ASPEN, CO 81611 LAST NICKEL LLC C/O LUCAS PECK BRANDY PC 132 MIDLAND AVE #4 BASALT, CO 81621 LOT 2 BOOMERANG LOT SPLIT PLANNED COM OWNERS ASSOC 533 E HOPKINS AVE 3RD FL ASPEN, CO 81611 Etiquettes faciles 3 peter ~ Repliez 3 la bachurc afin de www.avery.com _.._. ,_ -„~~„g, ~~~„~ Sens de ___„__,___~_ ~.,__.._... ~ enn_an_evcsv Eary Peel® Labels A ~ Bend abng line to ~ /~~/ERY® 5160® ~ Use Avery® Template 5160® Peed Paper expose Pep•Up Edger" 1 MADSEN MARTHA W MARSHALL ALISON J 8 JOSHUA W MOLLER DIANE T 608 W HOPKINS AVE APT 9 605 W HOPKINS AVE #212 4032 CRYSTAL BRIDGE DR ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE,CO 81623 NELSON TREVOR T & ROSE MARIE NIX ROBERT JR NORTH AND SOUTH ASPEN LLC 605 W HOPKINS #207 PO BOX 3694 200 S ASPEN ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 NORTHWAY LLC OHARROW SIOBHAN P OLIVER SPORTS BRACING LLC 106 S MILL ST #203 605 W HOPKINS AVE #208 520 W MAIN ST #20 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PERRY EMILY V RENO ASPEN PROPERTIES LLC REVA LLC PO BOX 11071 605 W MAIN ST #002 PO BOX 1376 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 RODRIGUEZ JOANN ROLAND DANIEL P & LEAH S RUFUS CAMI CAMI LLC 605 W MAIN ST #OOA 605 W HOPKINS AVE #102 1280 UTE AVE #7 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SCOTT MARY HUGH SHADOW MTN CORP SCHALL FAMILY TRUST 8/31/1998 RUSSELL SCOTT III & CO LLC C/O FINSER CORP 18518 ST MORITZ DR 5420 S QUEBEC ST #200 7321 N.W. 75TH STREET TARZANA, CA 91356 GREENWOOD VILLAGE, CO 80111 MEDLEY, FL 33166 SHERWIN ENTERPRISES LLC SLTM LLC SMITH ANDREW C & DONNA G C/O JENNIFER SHERWIN 106 S MILL ST 3622 SPRINGBROOK ST 1714 VISTA ST ASPEN, CO 81611 DALLAS, TX 75205 DURHAM, NC 27701 STARFORD PROPERTIES NV STASPEN LLP SUBOTKY JULIE E C/O KEON WILLIAM C/O JOHN STATON 55 WEST 14TH ST #15L 7321 NW 75TH ST 1180 PEACHTREE ST NE NEW YORK, NY 10011 MEDLEY, FL 33166 ATLANTA, GA 30309-3521 TOMS CONDO LLC THROM DOUGLAS H TODD SHANE C/O BRANDY FEIGENBAUM PC 617 W MAIN ST PO BOX 2654 132 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN, CO 81612 BASALT, CO 81621 ULLR CONDO LLC ULLR HOMEOWNERS ASSOCIATION VANDERSCHUIT FAM TRUST 6450 AVENIDA CRESTA 600 E HOPKINS #304 5836 WAVERLY AVE LA JOLLA, CA 92037 ASPEN, CO 81611 LA JOLLA, CA 92037 ~tiquettes faciles a paler Sens de Repliaz 31a hachure a£n de www.averycom ...:r___ i_ __~._.:. nvicev® cscn® wvebr In rdovel o...i tr,*r t-R00-GO-AVERY Eary Peel® Labels A ~ Bend along line to _ ~ /C-~/E~jY® 5160® Use Avery®Template st60® Feed Paper expose Pop-Up EdgeTM 1 VERNER DANIEL A & MERYLE 2577 NW 59TH ST BOCA RATON, FL 33496 VIEIRA LINDA 50% INTEREST HALL TERESA 50% INTEREST 0095 LIGHT HILL RD SNOWMASS, CO 81654 WAGNER HOLDINGS CORP LLC C/O BILL POSS 605 E MAIN ST ASPEN, CO 81611 WASHBURN LYNN S TERRELL SERENE-MARIE 605 W HOPKINS AVE #205 ASPEN, CO 81611-1607 WEST ALFRED P JR B LORALEE S 58416475 METAVANTE WAY SIOUX FALLS, SD 57186 YLP W EST LLC 7 SOUTH MAIN ST YARDLEY, PA 19067 WENDT ROBERT E II 350 MT HOLYOKE AVE PACIFIC PALISADES, CA 90272 WHITNEY KURT A & JACQUELINE 6448 E CRABTREE PL YUMA, AZ 85365 YOUNG DONALD L PO BOX 4444 ASPEN, CO 61612 WERLIN LAURA B TRUST 2279 PINE ST SAN FRANCISCO, CA 94115 WINGSTONE TOY COMPANY LLC 12 GREENBRIAR LN PAOLI, PA 19301 YOUNG PAUL 111 FAMILY TRUST 413 W HOPKINS AVE ASPEN, CO 81611-1603 Etiquettes faciles ~ peter ~ Repliaz a la hachun afin de www.averycom Sens de : anwe In na6~~N AVFRV® St60® _~_______~ reveler le reherd Peo-OnT~ t-B00-G0.AVERY y EXHIBIT 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 RESH)ENTIAL, AND AFFORDABLE HOUSING ALLOTMENTS, AND RECOMMENDING CITY COUNCIL APPROVE THE SUBDIVISION, PLANNED UNIT DEVELOPMENT, AND REZONING FOR A PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT OF THE BOOMERANG LODGE, 500 WEST HOPKINS AVENUE, CITY OF ASPEN, COLORADO. Parcel ID:2735.124.49.002 WHEREAS, the Community Development Department received an application ~, m from Aspen FSP-ABR, LLC, (Applicant), c/o Steve Stunda; 11921 Freedom Drive #950; ~ " " m Reston , VA 20190; represented by Sunny Vann of Vann Associates, requesting approval t ~.. 10 a ~ ~ n a of six (6) free-mazket residential growth management allotments, two (2) affordable ~ .. `< ° housing growth management allotments, eighteen (18) lodge growth management ~ a s allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay, a Planned Unit Development approval, Condorniniumization approval, and vested rights ~n for the redevelopment of the Boomerang Lodge located at 500 West Hopkins Avenue and '~~ °C known legally as Lots K through S of Block 31, City and Townsite of Aspen, Pitkin '~~~ County, Colorado; and, z _ WHEREAS, the site currently contains 34 hotel units in a structure of -i approximately 23,000 square feet of Floor Area and surface parking located primarily ~'~ within the public rights-of--way. The proposed development includes 52 hotel units, 6 free- mazket residential units, 2 affordable housing units, a 31-space underground pazking facility, and 17 surface pazking spaces in a structure of approximately 51,000 squaze feet of Floor Area as defined by the City of Aspen; and, WHEREAS, the Community Development Department received referral °~ comments from the Aspen Consolidated Sanitation District, City Engineering, Building '~ Department, Fire, Streets, Housing, Environmental Health, Pazks 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 standazds 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 maybe 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. t8, 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 regulaz 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 heazd and approved the request for six (6) free-mazket 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 I • 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 Overlav and PUD Final Development Plan The Planning and Zoning Commission, pursuant to Chapter 26.480, 26.310, and 26.445 - Subdivision, Rezoning, and Planned Unit Development, respectively -hereby recommends City Council grant Subdivision approval, rezoning for a Planned Unit Development Overlay, and Planned Unit Development Final Development Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter. Section 3: Proiect Dimensions •,,.~ c n .....:...........~...,A.l ,~;,,,~.,~;,,,,~ n£thr nn»ert shall he reflected in the Final PUD Plans: .Wa Minimum Lot Size 27,000 s.f. Minimum Lot Width 270 ft. Minimum Front Yard Setback 0-5 ft. Minimum Side Yard Setback 0-5 ft. on west 1-5 ft. on east Minimum Rear Yard Setback 0-5 ft. Maximum Height 42 ft. for a flat roof. Approximately 30- 35 ft. on east side. ' _ M N mo .... o a ~ omm T N N C r•~ N tin lS?amE e s, ~~ ~~, ~~ ~~ '~ ~~ ~~~ ~~ _~ Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 2 Pedestrian Amenity Space • Total 19% . 1.86:1 = 50,470 s.f. Lodging .97:1 = 26,210 s.f. Non-unit space .35:1 = 9,536 s.f. Commercial N/A Free-Market Residential .475:1 = 12,845 = 25% of total project Affordable Residential .05:1 = 1,452 s.f. Section 4: Trash/Recycline Area The applicant is encouraged to make sure that the trash storage azea has adequate wildlife protection and to make sure recycling containers aze present wherever trash compactors or dumpsters aze located due to the City's new recycling ordinance requiring haulers to provide recycling in the cost of trash pick-up. Section 5: Affordable Housin>? 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 aze 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 maybe 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 detemunes 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 yeaz. 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 MitieaHon Plan M N mm .... r `.mm ~ o0m T ~ N D r ,; a N ~~ ~ amm 0 s~ o: ~o ~° ~~ Y i ~~ ~~ ~_~ ~~~ ~~ Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 3 In order to reduce the impacts of additional trip generation and PM10 generated by the project, the project shall provide either: 1) a shuttle service for use by the owners/guests of the residences/hotel, 2) an electric vehicle for use by owners/gusts of the project, 3) secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall join the Transportation Options Program. The Subdivision Agreement shall specify which of these options shall be implemented. The project shall be subject to any transportation related impact fees adopted prior to application for a building permit and any of the above options shall be credited towazds 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 PLJD Plans. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and, in addition to the standazd 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 pazking 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 pazcel boundaries to the Geographic Information Systems Department prior'to applying for a building pemvt. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. In addition to the standard requirement of Section 26.445.070.B, the Final PUD Plans shall include: 1. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department. 3. A sidewalk and curb improvements plan depicting a detached sidewalk with planting buffer along both West Hopkins Avenue and North 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 standazds. 4. Design specifications and profiles for public right-of--way improvements N om ." "~ e T ,.~6 ~ p 6 t < N C ~..,, • ~ v tV ~~ Lna°m6 6 Y. O C t Y t a a Y C 0 Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 4 5. An azchitectural character plan demonstrating the general azchitecturat 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 standazds of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepazed 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 26.445.070.0, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements N within public rights-of--way with reference to their locations depicted on the m m ~m Subdivision Plat. T- '~ ~ ct °mm 2. In order to secure the performance of the construction and installation of r N Q improvements in the public rights-of--way, the landscape plan, and public facilities N performance security shall include and secure the estimated costs of proposed ~ ° ~ m right-of--way improvements. ,~ 3. A revocable license agreement to use portions of the Fourth Street right-of--way ~ 0 for dedicated pazking. > 4. A license agreement to use any public rights-of--way, or portions thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per squaze foot per month for the time period in which the land is to be a occupied for construction staging. 0 a Secfion 9: Impact Fees Park Impact Fees of $41,039 shall be assessed. Amendments to the Project or to the fee > schedule adapted prior to issuance of a building pemtit shall require a new calculation. W The following fee total is based on the current proposal and fee schedule: a Park Fees -Proposed Development 52 bodge 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 °., Pazk Fees -Credit for Existing Development: 34 Lodge Units 29-studio units @ $1,520 per unit 3 two-bedroom units @ $2725 per unit 2 three-bedroom units @ $3,634 per unit Total Credit Total Park Impact Fee Due =$44,080 =$8,175 =$7,268 _ ($59,523) _ $42,834 School Land Dedication Fees aze assessed based on one-third the value of the ununproved 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 acash-in-lieu payment shall be accepted. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. Other Impacts Fees. The project shall be subject to amendments and additions to the Impact Fee Chapter of the Land Use Code adopted prior to the application for a building permit. Section 10: Water Department The applicant shall comply with the City of Aspen Water System Standazds, with Title 25, and with applicable standazds 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/Reguirements 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 maybe required for this project to be funded by the applicant. 4. All cleaz water connections are prohibited (roof, foundation, perimeter, patio drains), including entrances to underground pazking gazages. 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 aze required for public vehicle pazking garages and vehicle maintenance facilities. N Ei EJ ~~! T 4 b E ~ EiE T ~ ~ E r •• N rnm In n °DS E E r 0 z y h O a v Y a Planning and Zoning Commission Resolution No. 18; Series of 2006 Page 6 f ...rte \ .I 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 aze prohibited in azeas 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 azea of concern in order to fund the improvements needed. Section 12: Pre-Construction Meetin¢ Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and PUD/SIA agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting pemmts, changes, etc., and review the Building Department checklist. Section 13: Construction Management Plan Prior to application for any Building Pemut, Foundation Pemut, 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 pazking 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 Deparment, City Pazking Department, and the City Engineering n N e e ~..m T• 410 8 °mo ~ rNo r N mm Lt) ama a ~~ ~~ ~ o: 0 ~. ~~ z ~~ o ~~ U ~~~ Z ~~ F ~a -- J ~~~ g U ~o ~.~ , !Y -W a Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 7 Department. Street closures concurrent with significant public events shall be avoided to the greatest extent possible. 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 azeas, daily cleaning of adjacent paved roads to remove mud that has been tamed 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 Deparhnent of Public Health and Environment (CDPHE), Air Quality Control Division. N 5. Recycling facilities, in addition to trash facilities, for the period of construction. mm r w ~ m Section 14: Buildine Permit Requirements ~ ~ ° ° The building pemut application shall include/depict: r ~ N ~ N ~ ° 1. A signed copy of the 5na1 P&Z Resolution and Council Ordinance granting land use A t0 ~ ° m m approval. -N 2. A letter from the primary contractor stating that the approving Resolution and Ordinance have been read and understood. 0 U 3. The conditions of approval shall be printed on the cover page of the building pemut g set. U x 4. A completed tap pemrit for service with the Aspen Consolidated Sanitation District. 5. Aright-of--way improvement plan depicting physical improvements to the right-of--way o including design specifications and profiles. All improvements shall comply with the a City's requirements for accessibility. N 6. A landscape plan showing location, amount, and species of landscape improvements w with an imgation plan for approval by the City Pazks Department. U 7. A utility plan meeting the standazds of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground rechazge system is required, a soil percolation report will be required to coaectly size the facility. A 2-yeaz storm frequency should be used in designing any drainage improvements. Off--site improvement shall be done in coordination with the City Engineer. 9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New buildings may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 8 F. .., 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 pernuts until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. A tree removal permit, as applicable. 12. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed azeas 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. 0 0 14. A construction site management and pazking plan meeting the specifications of the °o City Building Department. °mm ~ m p ° Prior to issuance of a building permit: (V to a m m 1. All tap fees, impacts fees, and building permit fees shall be paid. m 2. The location and design of standpipes, fire sprinklers, and alarms shall be acceptable to the Fire Marshall. 0 z Section 15: Noise DurinE Construction During construction, noise cannot exceed maximum pemrissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday a 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 y the predicted high noise levels. 0 w Section 16: Condominiumization a Condominiumization of the Project to define sepazate 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 r~ ~~: documentation presented before the Planning and Zoning Commission aze 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: Ties 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: ff 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 onl~ 2006. APPROVED AS TO FORM / J Da Hoefer, Asst. City A omey PLANNING AND ZONING COMMISSION] ~l Jasmine Tygre, Chair `~ ATTEST: ..~,. /f ckie Lothian, eputy City Clerk C:\home\Cunent Planning\CASES\Boomerang LodgeVteso.doc Illilllllllllllllllllllllllll llllillllllllllllll lllllll 08104 2006f 10 23i JRNICE K VOS CPUDILL PITKIN COUNTY CO R 51.00 D 0.00 Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 10 EXHIBIT Q Ordinance No. 26 C~ (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CTTY COUNCIL GRANTING APPROVAL OF THE SUBDIVISION, PLANNED UNIT DEVELOPMENT, VESTED RIGHTS, CONDO1~fIlVIUMIZATION, AND REZONING FOR A PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT OF THE BOOMERANG LODGE, 500 WEST HOPHINS 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-mazket residential growth management allotments, two (2) affordable housing gowth 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 squaze feet of Floor Area and surface pazking located primarily within the public rights-of--way. The revised development includes 47 hotel units, 5 free- market residential units, 2 affordable housing units, a 31-space underground gazking facility contained within a building of approximately 44,915 square feet of floor azea as defined by the City of Aspen, and a surface pazking azea 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 standazds 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 maybe granted by the Planning and Zoning Conmussion 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 Conununity, Development Director, and relevant referral agencies; and, City Council Ordinance No. 26, Series of 2006 - 1 - ,~ 4 ./ ., WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during a regulaz 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 heazd and approved the request for six (6) free-mazket 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, Rezonine for PUD Overlay, and PUD Final Development Plan Pursuant to Chapter 26.480, 26.310, and 26.445 -Subdivision, Rezoning, and Planned Unit Development, respectively -the City Council grants Subdivision approval, rezoning for a Planned Unit Development Overlay, and Planned Unit Development Final Development Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter. Section 3: Project Dimensions The following approved dimensions of the project shall be reflected in the Final PUD Plans: -• ~- •• Minimum Lot Size 6,000 s.f. 27,000 s.f. 27,000 s.f. Minimum Lot 60 ft 270 ft. 270 ft. Width Minimum Front 5 ft. 10-70 ft. (varies) 5 ft. Yard Setback (Hopkins) Minimum Side 5 ft. 6 ft. on west 5 ft. on west Yard Setback 1-5 ft. on east 4 ft. 3 in. on east (existing building) 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 Lodging) heights vary and are set in this PUD plan Parking Set in PUD 31 surface (all but 1 31 underground and partially in r.o.w) 12 @ surface (partially in r.o.w.) Floor Area Ratio/Size: Total Set in PUD .85 = 23,000 s.f. 1.66:1 = 44,915 s.f. Lodging Set in PUD .85 = 23,000 s.f. .87:1 = 23,547 s.f. Ave. Lodge Size Set in PUD-500 sq. 340 s.f. 501 s.f. ft.desirable Free-Market 25% of total project N/A .39:1 = 10,733 = Residential Floor Area 24% of total project Affordable IJo FAR limit N/A .05:1 = 1,384s.f. Residential Section 4: Trash/RecvclinE Area The applicant shall ensure that the trash storage azea has adequate wildlife protection and to make sure recycling containers aze present wherever trash compactors or dumpsters aze located due to the Gity'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 aze 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 stmcture 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/Pitlcin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. City Council Ordinance No. 26, Series of 2006 - 3 - ~7 ~. .. 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 yeaz. 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 1'M10 Mitieation Plan Tn 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 pemut and any of the above options shall be credited towazds 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 Pemut, the applicant shall record a Subdivision Plat and Final PUD Plans. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and, in addition to the standard requirements, shall include: 1. The final property boundaries and disposition of lands. 2. The location of Revocable Encroachments for physical improvements within public rights-of--way, including parking to be designated to the Lodge, with reference to agreements and licenses for such improvements. 3. The location of utility pedestals with access easements for the utility provider. Transformers and pedestals shall be located outside of the public right-of--way unless licensed. 4. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised building, street, and parcel boundaries to the Geographic Information Systems Depazlment prior to applying For a building pemvt. The final building location data, including any amendments, shall be provided to the GLS Department prior to issuance of a Certificate of Occupancy. in addition to the standazd requirement of Section 26.445.070.B, the Final PUD Plans shall include: 1. An illustrative site plan with adequate snow storage azeas 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 imgation plan with a signature line for the City Pazks Deparhnent. City Council Ordinance No. 26, Series of 2006 - 4 - ., 3. A general sidewalk and curb improvements plan depicting a detached sidewalk with planting buffer along both West Hopkins Avenue and North 5`s 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 detemrined by the City Engmeer and the Community Development Director. The surface parking along West Hopkins Avenue shall be eliminated. 4. An azchitectural character plan demonstrating the general azchitectural chazacter 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 26.445.070.0, the provisions & conditions of this ordinance, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of--way with reference to their ]ocations depicted on the Subdivision Plat. 2. In order to secure the performance of the construction and installation of improvements in the public rights-of--way, the landscape plan, and public facilities performance security shall include and secure the estimated costs of proposed right-of--way improvements. 3. A revocable license agreement to use portions of the Fourth Street right-of--way for dedicated pazking. 4. A license agreement to use any public rights-of-way, or portions thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per squaze foot per month for the time period in which the land is to be 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: Pazk Fees -Fees for Proposed Development 47 Lodge Units (studio units) @ $1,520 per unit =$71,440 3 two-bedroom residential units @ $2,120 per unit = $6,360 2three-bedroom residential units @ $2,725 per unit = $5,450 Total = $83,250 Pazk Fees -Credit for Existing Development: 34 Lodge Units 29-studio units @ $1,520 per unit =$44,080 3 two-bedroom units @ $2725 per unit =$8,175 City Council Ordinance No. 26, Series of 2006 - 5 - -, ..~ 2 three-bedroom units @ $3,634 per unit ~. ~., =$7,268 Total Credit = ($59,523) Total Pazk Impact Fee Due = $23,727 School Land Dedication Fees are assessed based on one-third the value of the ununproved 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 acash-in-lieu payment shall be accepted. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. Other Im~cts 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 pemut. Section 10: Water Department The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standazds 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/Reguirements 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 aze 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 cleaz water connections aze prohibited (roof, foundation, perimeter, patio drains), including entrances to underground pazking 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 sepazators aze required for public vehicle parking gazag~,s and vehicle maintenance facilities. 8. Glycol snowmelt and heating systems must have containment provisions and must preclude dischazge to the public sanitary sewer system. 9. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building pemut. City Council Ordinance No. 26, Series of 2006 - 6 - E J •~,J/ 10. When new service lines aze 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 aze prohibited in azeas 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. I5. 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 Pemut Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and PUD/SIA agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting permits, changes, etc., and review the Building Department checklist. Section 13: Construction Management Plan Prior to application for any Building Permit, Foundation Permit, Access Infrastructure permit, Demolition pemut, etc., the applicant and the City shall agree upon a Constmction 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 pazking plan meeting the specifications of the City Building Department. 2. An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastmcture and provisions for noticing emergency service providers, neighbors, the City Streets Department, the Transportation Department, City Pazking 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 - -~, ...r 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 azeas, 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 Departnent 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: Bnildine Permit Requirements The building pemrit application shall include/depict: 1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Resolution arid 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. Aright-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 imgation plan for approval by the City Pazks Departnent. 7. A utility plan meeting the standazds of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepazed 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-yeaz storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New buildings may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. 10. An asbestos inspection report. Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile, etc., the CDPHE Air Quality Control Division must be notified and a person licensed by the state of Colorado to do asbestos inspections must do an inspection. The Building Department cannot sign any building permits until they get this report. If there is no City Council Ordinance No. 26, Series of 2(H16 - 8 - . 4, 4r asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. A tree removal pemrit, as applicable. 12. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed azeas including haul roads, perimeter silt fencing, as- needed cleaning of adjacent rights-of--way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. 13. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets. The City will not approve of soil nails into public right-of- way or utility easements. 14. A construction site management and pazking 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 standazds 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 rechazge system is required, a soil percolation report will be required to correctly size the facility. A 2-yeaz 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 pemvt: 1. All tap fees, impacts fees, and building pernvt 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 awaze of this and take measures to minimize the predicted high noise levels. City Counci] Ordinance No. 26, Series of 2006 - 9 - r"`° 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 azea to be designated shall be finalized in conjunction with the Historic Preservation Commission but shall include that azea of the structural east wing along the alley, Fourth Street and Hopkins Avenue, also including the outdoor pool and spa azea. 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 awazded, 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 26ei day of June, 2006. ~- ATTEST: City Counci] Ordinance No. 26, Series of 2006 - 10 - ~,.. tlsyn S. K Ci erk FIN ~ LY, adopted, passed . d approved this 28`h day of i s 0 . Kathryn S. ~ty Clerk elen Ka in ru ;_ or APPROVED AS TO FORM: ttomey City Council Ordinance No. 26, Series of 2006 - 1 I - ORllINANCE N0.21 (SERIES OF 2007) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING HISTORIC DESIGNATION FOR A PORTION OF THF. BOO11~fERANG LODGE PROPERTY LOCATED AT 500 W. HOPK[NS AVENUE, LOTS K-S, BLOCK 31, CITY AND TOWNSITE OF ASPEN, COLORADO ParcellD #:2735-124-49-002 EXHIBIT WHEREAS, the applicant, Aspen FSP-ABR, LLC, owner, represented by Michael Hoffman, Sunny Vann, and Reno- Smith LLC, has initiated Historic Designation review for a portion of the property located at 500 W. Hopkins Avenue, Lots K-S, Block 3l, City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmazk Sites and Structures shall be approved if City Council, after a recommendation from HPC, determines sufficient evidence exists that the property meets the criteria; and WHEREAS, Amy Guthrie, in her HPC staff report dated April 25, 2007, performed an analysis of the application based on the standazds, found that the review standazds had been met, and recommended approval; and WHEREAS, at their regular meeting on April 25, 2007, the historic Preservation Commission considered the application, found the applicalion was consistent with the review standards and recommended approval of the application by a vote of 4 to 0; and WIIEREAS, the Ciiy Council fmds that the application meets or exceeds all applicable standards and that the addition of a portion of the Boomerang Lodge as a historic landmazk to the Aspen Inventory of Historic [.,andmazk Sites and Structures is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE C1TY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 The City Council finds that the application is complete and sufficient to afford review and evaluation for approval; and r ~a:_.- o~ ~ -,~ . - - -- ~_~. Section 2 The City Council does hereby approve designation of a portion of the property located at 500 W. Hopkins Avenue, Lots K-S, Block 31, City and "fownsite of Aspen, Colorado, as defined in Exhibit A, to the Aspen Inventory of Historic Landmazk Sites and Structures. Section 3: 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 construed and concluded under such prior ordinances. Section 4: 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 5: A public heazing on the ordinance will be held on the 11`h day of June, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 6: .~'^ This ordinance shall become effective thirty (30} days follor*ring final passage. INTRODUCED, READ AND OI2DF.RED PUBLISHED as pr v' •, by the City Council of the City of Aspen on the 14~' day of May, 2007. elen a ' 1 derud, Mayor I{athryn S. K ,,City Clerk FINALLY, adopted, passed and approved this 11 `h day of June, fj/ elen K n landerud, Ma A `1"~t._ 'Kathryn S.1 ,City Clerk App~xd :rs form: .IOItn P. `~Vorces er, City Attorney „a,, . Exhibit A- Map of Lots K-S, Block 31, City and Townsite of Aspen, showing portion o ~'~ roe desikmated as a Historic landmark. P P rt`i' -- FALLS Ao ~. cRN PAGADE ,4ND PCCL SUgEGT?O HPG P'iRVIEW NEY'16JILDINv EXHIBIT ~~ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.0]0, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-yeaz vested property right. The vested property right- shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.0] 0. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development. plan as described below. Fountain Squaze Properties, 11921 Freedom Drive, Sutie 950, Reston, VA 20190 Property Owner's Name, Mailing Address and telephone number 500 West Hopkins Avenue, legally known as Lots K-S of Block 31, City and Townsite of Ashen, Pitkin County, Colorado Legal Description and Street Address of Subject Property The Annlicant received annroval of a Planned Unit Develonment and Subdivision alon with various other land use approvals to allow for the redevelopment of the Boomerang Lodee consistine of 47 condominiumized lodge units, 5 free mazket residential units and 2 affordable housine units, aunurtenant infrastructure. landscanine and oazkine. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen. City Council, Ordinance No. 26 Series of 2006 anprovinQ the PUD/Subdivision and related land use approvals associated with and necessary for the development plan. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 20, 2006 Effective Date of Development Order (Same as date of publication of notice of approval.) October 20.2009 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.0]0 of the City of Aspen Municipal Code.) ,. ,. Issued this 13th day of October, 2006, by the City of Aspen Community Development Director. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan for the Boomerang Lodge, creating a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 500 West Hopkins Avenue, legally known as Lots K-S of Block 31, City and Townsite of Aspen, Pitkin County, Colorado, by Ordinance No. 26, Series of 2006 of the City Counci] of the City of Aspen, approved on August 28, 2006. The Applicant received approval of a Planned Unit Deve]opment and Subdivision along with various other land use approvals to allow for the redevelopment of the Boomerang Lodge consisting of 47 condominiumized lodge units, 5 free mazket residential units and 2 affordable housing units, appurtenant infrastructure, landscaping and pazking. For further information contact Joyce A. Allgaier, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2754. s/ City of Aspen Publish in The Aspen Times on October 20, 2006 .... EXHIBIT ~~ VANN ASSOCIATES, LLC Planning Consultants February 13, 2007 HAND DELIVERED Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Boomerang Lodge Subdivision/PUD Recordation Deadline Dear Chris: Please consider this letter a formal request to extend the recordation deadline for [he fmal plat, final PUD development plan, and associated documents for the Boomerang Lodge Subdivision/PUD. The request is submitted pursuant to Sections 26.480.070. E. and 26.445.070.A. of the Land Use Regulations by Aspen FSP-ABR, LLC, the project Applicant. The above regulations permit the Community Development director to extend the deadline if the request is submitted within the approval's vested rights period and there is a community interest for granting the extension. The subdivision/PUD documents for the project are required to be recorded within 180 days of the receipt of fmal Ciry Council approval. Final PUD approval, and all associated review approvals, was granted by the Council on August 28, 2006, pursuant to Ordinance 26, Series of 2006. Consequently, the subdivision/PUD documents must be recorded no later than February 24, 2007. All of the required recordation documents were submitted to the City for review and comment on February 13, 2007. While we hope that the Community Development and Engineering Departments will be able to complete their review in a timely manner, revisions may be required to address any issues which may arise. It should also be noted that the various documents require signature by numerous individuals due to the complexity of the project, and that the documents must be circulated both locally and out of state prior to recordation. As the project's vested rights status remains in full force and effect, and the redevel- opment of the Boomerang Lodge is clearly in the community's best interest, I would appreciate it if you would extend the recordation deadline as provided for in the 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 e Mr. Chris Bendon February 13, 2007 Page 2 Regulations. While we are amenable to any reasonable extension period, a thirty (30) day extension of the original February 24 deadline would appear sufficient to accom- modate the City's review process and any changes to the documents which may result therefrom. The extended recordation deadline, therefore, would be March 26, 2007. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, rr,,,,.. ~~ ~~,,,,--'' ~ ~~,~/,, p~ry~ VANN fiSSOCIATES, LLC ~1~^~'~ ~ `^""'"' ~ I "`^'~~ Vann, AICP :cwv APPROVED cc: Steven R. Stunda FEB ] 3 2007 E. Michael Hoffman, Esq. COMMUNITYDEVELOPMENTDIRECTOR CITYOFASPEN r.\oldc\bus\ciry.ltr\IV48905.cb I /~ p\ ~ ~ Vn/ MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Errin Evans, Current Planner THRU: Chris Bendon, Community Development Director( ~//,/~„ DATE OF MEMO: August 3, 2009 ~~~CC//VV ~f I MEETING DATE: August 10, 2009 RE: Boomerang Lodge - 500 West Hopkins Avenue -Vested Rights Extension Public Hearing of Resolution No. ~ Series of 2009 SUMMARY: The Applicant requests of the Council to approve the extension of vested rights of an approval for five years. The current approval is vested through October 20`" 2009. A five year extension would vest the approval through October 20"', 2014. The project consists of constructing a total of 47 hotel units, two affordable housing units and six free market units, surface and sub grade parking. APPLICANT /OWNER: Aspen FSP - ABR, LLC REPRESENTATIVE: Sunny Vann, Vann and Associates, LLC LOCATION: 500 W Hopkins Avenue; Legal Description - Boomerang Lodge Subdivision Planned Unit Development, Parcel Identification Numbers - 2735- 124-49-002 CURRENT ZONING & USE Located in the Medium Density Residential (R-6) zone district that contained the original Boomerang Lodge. A portion of the original lodge received a historic designation and still remains. PROPOSED LAND USE: The Applicant originally received approval for a total of 47 hotel units, two affordable housing units, six free market units and a combination of surface and sub grade parking in a structure that is approximately 44,915 square feet of floor azea. The applicant requests that Council approve an extension of vested rights. STAFF RECOMMENDATION: Staff recommends that the Mayor and City Council approve the request to extend vested rights for the Boomerang Lodge Subdivision Planned Unit Development for three years, until October 20`h, 2}012. ,4 ... f ~r .s- i'sa ,aJ ~ -~_ - i~. `. -! r Ip} ..mot r ~ ~ ... ... ., a r j "° _ , w ~ ~ ~ ,. Subject property. Revised 8/3/2009 Page 1 of 5 ~'"^ ._,, oa. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the City Council: • Extension or Reinstatement of Vested Rights The City Council may by resolution at a public hearing noticed by publication, mailing and posting (see section 26.304.060(E)(3)(a)(b)(c) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this section. City Council is the final review authority who may approve or deny the proposal. PROJECT SUMMARY: The applicant has requested an extension of their vested rights for five years for the project approved by Ordinance No. 26, Series of 2006, which allows for the partial demolition of the Boomerang Lodge except for the historic preservation resource and constructing an additional eighteen hotel units for a total of 47 hotel units, two affordable housing units, six free market units and a combination of surface and sub grade parking (See Figure 1 for Vicinity Map and see Figure 2 for rendition of the project). Revised 8/3/2009 Page 2 of 5 /v ~i'G~E n z= ro ioo ieo zoa JJJ &u6jed Parcel * Feat $ Figure 1: Vicinity Map Figure 2: Rendition of Proposed Project ,-~ .,... The applicant has already removed the relevant portion of the old structure and starting preparing the site for the new construction. The plats and the subdivision/PUD agreement have been recorded as required. The applicant has also submitted plans for building permit review. Because of current economic conditions, the applicant states that they are unable to obtain financing at this time and receiving an extension of vested rights is essential to their ability to proceed. The ordinance approved by Council, vested the approval until October 20'h, 2009. The applicant requests that the Council extend the approval for an additional five years. This would vest the approval through October 20`h, 2014. STAFF COMMENTS: Vested Rights Extension: The applicant is requesting an extension of their vested rights until October 20`h, 2014 pursuant to Section 26.308.010 C. of the Land Use Code. The applicant is requesting the extension of the vested rights because they have been unable to secure financial commitments for the final stages of construction. Though the applicant is asking for an extension of five years, the Community Development Department feels that three years would be adequate. The staff would like to note that the applicant is permitted to again come for review before Council for another extension if three years is not adequate to complete the project. Staff believes that the project is worthy of an extension of vested rights. The project assists in meeting the goals of the Aspen Area Community Plan by providing protection for a historic resource and providing more lodging units. Staff would like to ensure that the historic resource Revised 8/3/2009 Page 3 of 5 THE BOOMERANG LODGE ASPEN,COLORADO W V.~ does not deteriorate and recommends that monitoring the remaining portion of the Boomerang Lodge becomes a condition of approval for an extension of vested rights. The dimensional requirements including floor area ratios and height were negotiated during the Planned Unit Development process so you will note that they differ from the underlying zone district requirements. This property was unique because it consisted of an existing lodge located in the residential district. The negotiated dimensional requirements for the PUD resulted in the following differences; the minimum side setback on the east side is 4'3" from 5 feet, the maximum height is 36'6" from 25 feet and the floor azea was altered from one single family dwelling to a lodge for a combined ratio of 1.66:1 or 44,915 squaze feet of floor area. The mitigation requirements for growth management have changed since 2006, when this project was approved. During the original approval, the applicant's mitigation obligations were to create 2 affordable housing units for the creation of the free market units. At that time they were not required to mitigate for the hotel units. If approved today, the applicant would be required to provide mitigation for 0.3 employees per hotel unit or in this case: 0.3 multiplied by 18 new units for a generation rate of 5.4 employees in addition to the mitigation required for the free market units. Under the current Code, the lodge would still able to negotiate the dimensional requirements under a Planned Unit Development Review. Also note that the impact fees have already been established at 2007 rates for this project because the building permit has already been submitted. RECOMMENDATION: While reviewing the proposal, staff believes that the application provides a project that will contribute to the lodge inventory and the remaining portion of the Boomerang Lodge is a valuable asset the historic resources of the City. Community Development Department staff recommends that the City Council approve the request to extend the vested rights for an additional three years with the following conditions: 1. That the establishment herein of a vested property right shall not preclude the application or regulations which are general in nature and aze applicable to all property subject to the land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption is granted in writing. 2. That the Historic Preservation staff be allowed on site to view the current condition of the designated historic resource and be permitted to conduct follow up visits to ensure that the resource is not becoming damaged. The applicant is responsible to maintain the condition of the historic resource. CITY MANAGER'S COMMENTS: Revised 8/3/2009 Page 4 of 5 ~-~ ~,.~ ... RECOMMENDED MOTION: "I move to adopt Resolution No. ~, Series of 2009." ATTACHMENTS: Exhibit A -Staff Findings Exhibit B -Public Comments Exhibit C -Application Revised 8/3/2009 Page 5 of 5 ,.. , ,. EXHIBIT A 26 440 050 Review Standards for development in a Specially Planned Area In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any condition requiring performance prior to the date of application for extension or reinstatement; To date, the applicant has completed the conditions of approval required for Ordinance 26, Series of 2006. The applicant has entered into a subdivision improvement agreement with the City and recorded the document and recorded the plats for the Planned Unit Development. The applicant has also submitted building permits and demolished portions of the building necessary to proceed with construction. Stuff Ends this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; The applicant has spent approximately $2,900,000 on architectural, planning and engineering fees and building permit submittals to date. The applicant has been working to secure financing to keep the project moving forward. Impact,fees that have already been established at 2007 rates will be collected when the applicant receives the building permit. Staff finds this criterion to be met. c. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or dedications; The applicant finished approvals to designate the relevant portion of the project as a historic structure. Stafffinds this criterion to be met. d. The needs of the City and the applicant would be served by the approval of the extension or reinstatement request. The applicant, staff, Planning and Zoning Commission, and Council have spent countless hours arranging for the approvals of this project. Staff finds this criterion to be met. Revised 8/3/2009 Page 1 of 1 °~ ~{d-11 g1T (~ ~,. Errin Evans From: idinteriors@sopris.net Sent: Wednesday, July 29, 2009 1:31 PM To: Errin Evans Subject: 500 West Hopkins To: Errin Evans, We received your Public Notice regarding the Boomerang Lodge. We will not be able to attend the meeting, but would like to weigh in on the request. We are of the opinion that the Boomerang's problems are not related to the recent downturn in the economy, but they were in trouble well before that occurred. If you give special treatment to one concern, it needs to be passed along to others. Our business is off as well and we see no immediate end. How can you help us as well? Please send us more information about the meeting so that we may know if we are out of line in our thinking. 617 West Main Street Unit D Aspen, CO 81611 P: (970)925-4342 F: (970)920-4753 id interiorsaspen. com ~° ~x~+~ ~ I-r c~ ..~, R~~EIVED VANN ASSOCIATES, LLC €~t^~ 2 ~ 2009 Planning Consultants .~Y x'!' ~~ ~S~'"~'F~: ~,~uf;!Irv'JEI~k~>~l~F~f June 22, 2009 HAND DELIVERED Ms. Errin Evans Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Boomerang Lodge Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the Boomerang Lodge Subdivision/PUD, a mixed-use condominium lodge/residential project which has been approved for development on Lots K through S, Block 31, City and Town- site of Aspen (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The project's street address is 500 West Hopkins Avenue. The application is submitted pursuant to Section 26.308.O10.C. of the Aspen Land Use Regulations (the "Regulations") by Aspen FSP-ABR, LLC (hereinafter "Appli- cant"), the owner of the property (see Exhibit 2, Title Insurance Commitment). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. Aland use application form, an application fee agreement, and list of property owners located within 300 feet of Lot 1 are attached as Exhibits 4, 5 and 6, respectively. Background Lodge, free market residential, and affordable housing GMQS allotments were granted to the project by the P&Z on June 13, 2006 pursuant to Resolution No. 18, Series of 2006 (see Exhibit 7). Final PUD approval; subdivision and condominiumiz- ation approval; a rezoning; and vested property rights were granted to the project on August 28, 2006 pursuant to City Council Ordinance No. 26, Series of 2006 (see Exhibit 8). On June I1, 2007, the City Council designated a portion of the project site as a Historic Landmark pursuant to Ordinance 21, Series of 2007 (see Exhibit 9). A Development Order for the project was issued by the Community Development Department on October 13, 2006 (see Exhibit 10). As the Development Order indicates, the project's approvals are presently vested until October 20, 2009. 230 East Hopkins Ave. Asper., Colorado 81611 970/925-6958 Fax 970/920-9310 ,~„ `.,y a Ms. Errin Evans June 22, 2009 Page 2 Vested Rights Extension Pursuant to Section 26.308.O10.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring perfor- mance prior to the date of application for extension or reinstatement; Section 7 of Ordinance No. 26 required the Applicant to record a subdivision plat and final PUD plans memorializing the Boomerang Lodge Subdivision/PUD's development approvals within 180 days of the Ordinance's adoption. Similarly, Section 8 of the Ordinance required the recordation of a subdivision/PUD agreement within the same time period. A 30 day extension of the recordation deadline was granted by Chris Bendon on February 13, 2007 (see Exhibit 11) and the plat, PUD plans, and subdivision/PUD agreement were recorded with the Pitkin County Clerk on March 21.2007. In addition to the above, Section 17 of Ordinance No. 26 required the Appli- cant to initiate the designation of the east wing of the former Boomerang Lodge as a Historic Landmark prior to recordation of the project's subdivision plat. An applica- tion for historic designation was submitted on February 9, 2007 prior to the plat's March 21, 2007 recordation date. As noted previously, the relevant portion of the project site was officially designated by the Ci[y Council on June 11, 2007 pursuant to Ordinance No. 21. 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The Applicant has made diligent efforts to obtain the requisite building permits for the project. These efforts included, inter alia, the preparation and recording of all necessary subdivision/PUD documentation, the development of final architectural and engineering plans and specifications, requisite envirorunental testing, the demolition of the non-historic portion of the former Boomerang Lodge, and the submittal of various building permit applications and related materials to the City's Building Department. Aggregate expenditures made by the Applicant in connection therewith total approxi- mately $2,900,000.00. }~°q~, i ~+./ i Ms. Errin Evans June 22, 2009 Page 3 It is our understanding that the City has completed its review of the project's building permit application, and issuance of the permit could occur upon the Appli- cant's payment of all remaining associated fees. A 180 day extension of the of the building permit application, however, has been requested by the Applicant and granted by the Building Department. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. In addition to the historic designation of a portion of the former Boomerang Lodge, the Applicant has previously paid tree mitigation, water tap, and sanitation impact fees to the City and the Aspen Consolidated Sanitation District totaling approximately $291,079.00. Approximately $140,127.00 in additional school, park, and TDM/air quality impact fees will paid at building permit issuance. 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Progress on the redevelopment of the Boomerang property has halted due to the current nationwide economic climate and the inability of the Applicant to obtain construction financing for the project. No community benefit would result from the expiration of the project's vested rights as such rights are essential to the ability of the Applicant to continue to pursue financing and to resume development of the project. Given current economic conditions, and the uncertainty as to when project financing will become available, the Applicant respectfully requests that vested property rights for the Boomerang Lodge Subdivision/PUD be extended for a period of five years from October 20, 2009, or until October 20, 2014. As it is presently unknown when development will resume, the Applicant will agree to reclaim the disturbed portion of the site to include removal of a majority of the construction fencing and the regrading and seeding of the disturbed area. Fencing, however, must remain around the historically designated portion of the former lodge. The fencing is a condition of the Applicant's insurance carrier and is required to prevent unauthorized access to the building, to prevent vandalism, and to secure the building's outdoor pool area. o.. ..~ Ms. Errin Evans June 22, 2009 Page 4 Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ~SOCIATES, LLC AICP cc: Steve Stunda d:\oldc\bus\city.app\app54509.ext ,. 4, l CITY OF ASPEN PRE•APPLICATION CONFERENCE SUMMARY EXHIBIT PLANNER: Enin Evans, 429-2745 DATE: 06.11.2009 PROJECT: 500 West Hopkins Avenue (Boomerang Lodge) -Extension of Vested Rights REPRESENTATIVE: Sunny Vann Tel: 925-6958 DESCRIPTION The Applicant would like to request an extension of vested rights for the redevelopment of the Boomerang Lodge project. The project consists of retaining a portion of the building with a historic designation and redeveloping the lodge into 47 hotel units, 5 free market units, 2 affordable housing units and underground parking facilities from 34 hotel units. The applicant would like to apply to extend the vested rights of the project to secure financial commitments. To receive an extension of vested rights, the applicant must submit an application to Council for approval by resolution at a public hearing. Land Use Code Section(s) 28.304.030 Common Development Review Procedures 26.308.010 Vested Property Rights http:l/www.asaenaitkin corn/deatsl381citvcode cfm Review by: -Staff for complete application - Referral agencies for technical considerations -City Council Planning Fees: $1470 Deposit for 6 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $2451hour). Total Deposit: $1470 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Signed fee agreement. 6. Pre-application conference summary. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, 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, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 9. An 8112" by 11"vicinity map locating the parcel within the City of Aspen. 10. Additional application material as required for each specific review. (See application packet and land use code) 11. Approved development plans on which vest d ' ht t b e rig s are o e extended. 12. Copies of prior approvals. r ~.. 13. 10 Copies of the complete application packet and maps. 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. EXHIBIT Old Republic National Title Insurance Company ALTA COMMITMENT Ottr Order No. Q387506-2 Schedule A Cust. ReC: Property Addrrxc: , 500 WEST HOPKWS AVENUE ASPEN, CO 81611 1. Effective Date: tanuary 08. 2007 at 5:011 P.M. 2. Polity to be Issued, and Proposed Insured: "TBD" Commitinent Proposed Insurd: TBD 3. The estate or interest in the land dexribed or referred to in this Commitment and covered herein is: A Fee Simple 9. Title to the tstalt or interest covered herein is at the effective dale hereofvested in: ASPEN FSP-ABR, LLC., A DELAWARE llMITED LIABILITY COMPANY 5. The land referred Io in this Commitment is desQlbed as follows: LOTS K. L, M, N, O, P, Q. R, AND S BLOCK 31 C11'Y AND TOWNSffE OF ASPEN COUNTY OF PITKDJ STATE OF COLORADO ,. ~~ ~, ~, ALTA COMMITMENT Schedule B-I (Requirements) Our Order No. Q387506-2 The following are the regtdrrments 1o be complied with: Payment to or for the account of the grantors or mortgagors of Ne full consideration for We elate or interest to be insured. Proper instrument(s) seating the estate or interest to be insured must be executed and duly filed for record, to-wil: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY W[LL BE ISSUED PURSUANT HERETO. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMTfMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, !F ANY. ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. _.., ALTA COMMITMENT Schedule B•2 (Exceptions) Otn• Order No. Q387506-2 The policy or pohdes [o be issued tviB contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or daims of eazements, not shown by the public records. 3. Discrepancies, ronflicts in boundary lines, shortage io area, encruachmeuts, and any facts which a correct survey and inspection of the premises would dixlox and which are not shown by We public records. 9. Any hen, or right to a lien, far services, labor or material theretofore or hereafter furnished, imposed by taw and not shown by the public records. 5. Defects, hens, encumbrances, adverse claims or other matlers, if any, created, first appearing in the public records or a8aching subsequent to the effective date hereof but prior to the dale the proposed insured acquires of record for value the estate or interest or mortgage tbereon covered by tWs Commitment. 6. Taxes and assessments not yet due or payable and spedal assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. L1em for unpaid water and sewer charges, if any. 9. DEED OF TRUST DATED JUNE 28, 2005, FROM ASPEN FSP-ABR, LLC., A DELAWARE LIMTfED LIABIWTY COMPANY TO THE PUBLIC TRUSTEE OF PTfKiN COUNTY FOR THE USE OF BANK MIDWEST. NA TO SECURE THE SUM OF 00 RECORDED JUNE 29, 2005, UNDER RECEPTION N0. 511778. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS RECORDED JUNE 29, 2005, UNDER RECEPTION N0. 511779. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF ENTITLEMENT DOCUMENTS AND CONTRACTS RECORDED JUNE 29. 2005, UNDER RECEPTION NO. 511780. 10. FINANCING STATEMENT WITH, BANK MH)WEST. NA THE SECURED PARTY, RECORDED JULY 12, 2005 UNDER RECEPTION NO. 512253. 11. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES. 12. RESERVA71ONS AND RESTRICTIONS AS CONTAINED IN DEEDS RECORDED JANUARY 3, 1886 IN BOOK 55 AT PAGE 378 AND RECORDED JULY 30, 1889 IN BOOK 55 AT PAGE ,.. °F./ ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q387506.2 The policy or policies to be issued wi0 contain exuptiom to the following unless the same arc disposed of to the satisfaNion of the Company: 576 PROVIDWG. "THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MWE OF COLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINBVG CLAIM OR POSSESSION HELD UNDER EX-577NC LAWS, AND PROVIDED FURTFDiR THAT THIS DEED IS MADE AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED W SECTTON 2386 OF THE REVISED STATUTES OF THE UNITED STATES.° 13. TERMS, CONDITIONS AND PROVISIONS OF ORDWANCE N0. 2, SERIES 1997 TO REZONE SPECIFIC PROPERTIES RECORDED SEPTEMBER 03. 1997 AT RECEPTION N0. 907979. 19. TERMS, CONDffIONS AND PROVISIUNS OF RESOLUTION O8, SERIES 1997 GRANTING A VARIANCE RECORDED SEPTEMBER 23, 1997 AT RECEPTION N0. 906741. I5. TERMS CONDITIONS AND PROVISIONS OF CffY OF ASPEN ORDWANCE 3 6 IFS OF 2006 RECORDED TANUARY 02. 2007 AT RECE_PTi N N0. 532933. f ti. , June 12, 2009 Ms. Errin Evans Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Evans: EXHIBIT Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our vested rights extension application for the Boomerang Lodge Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforemen- tioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN FSP-ABR, LLC, a Delaware limited liability company teve Stunda, Development Manager/Partner 02 North Fourth Street Aspen, CO 81611 (970) 925-7604 Aspen, Co 81612 (970) 948-0813 d: \oldc\bus\city.ltr\Itr54509. ee 1 ,- .. ~... APPLICANT: Name: ~~1~°~/ ~i/.'/~~~~. ~.r~ Location: ~ ~/~.~/7~f°~/~~ ~/J~. (Indicate street address, lot & block number, legal description where appropriate) Parce/ lD # (REQUIRED) REPRESENTATIVE' ~~ ~~ ~ ~~~~ Name: ~ %~--fY~ ~~~~ ~~~7~ i..~n-.v'7~ ~-~.G Address: Z.~~ .fi^, / j/~/s~la /g~i, Phone #: ~~c~f ~~ 8/ln~~ PROJECT: Name: /~,/fa'T~q/`iG7 u~riiio)~ ~c~/'~Y'.J/~~/~-~'S~/~U~ Address: ~~~~ fT/er~j~7T~ ~~~7~~fG~G~ Phone #: TYPE of APPLICATION: (please check all that apply): LAND USE APPLICATION EXHIBIT ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use [~ ~~1~~ Othe r: ^ Lot Line Adiustment ^ TexUMap Amendment ~ L ' ~S/~s/ ~ ~r EXISTING CONDITIONS: i ~. / ~ ~~/~ PROPOSAL: (description of Hayeyou attached the following? FEES DUE: $~~~ ,~~e-Application Conference Summary ~ Attachment #1, Signed Fee Agreement /~~ ^ sponse to Attachment #3, Dimensional Requirements Form [V~Reesponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards /` .. ~.! CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT EXHIBIT Aereement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~~~`~~-~~~~ ~~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. Y~PPLI NT~~~ itte~d to CITY an app_Iication r~ o~ (hereinafter, THE PROJECT). ~/J~ ~y~`~' 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff [o complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees [hat in consideration of the CITY's waiver of its right to collect full fees prior to a etermination of application completeness, APPLICANT shall pay an initial deposit in the amount of $~ 7d which is for ~ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director g:\su pport\fo r m s\agrpayas.doc 11/30/04 APPLICANT Date: Billing Address and Telephone Number: R~Z H ~~xLrr~/ ST ~`.~/'~C/ GQ~G// ~zs~~~ Easy Peel® Labels Use Avery®Template 5160® 501 W HOPKINS LLC PO BOX 8769 ASPEN, CO 81612 604 W EST LLC 604 W MAIN ST ASPEN, CO 81611 ALPINE BANK ATTN ERIC GARDEY PO BOX 10000 GLENWOOD SPRINGS, CO ~ ~ Bend along line to Feed Paper expose Pep•Up Edger" 501 WEST MAIN LLC 532 E HOPKINS AVE ASPEN, CO 81611-1818 ALEXANDER JOAN P PO BOX 4818 GRAND JUNCTION, CO 81505 ALPINE BANK ATTN JEAN MOORE 600 E HOPKINS AVE 81602 ASPEN, CO 81611 ANGELOV DIMTAR S 8 DANIEL D 605 W HOPKINS AVE #209 ASPEN, CO 81611 ASPEN SQUARE CONDO ASSOC INC 617 E COOPER ASPEN, CO 81611 ASPEN CONDO ASSOC 600 E HOPKINS AVE #304 ASPEN, CO 81611-2934 BARYON META PACKARD 4475 N OCEAN BLVD APT 43A DELRAY BEACH, FL 33483 b$ EXHIBIT 521-523 W HOP ' HOUSING CONDO ASSOC 521 W HOPKINS AVE ASPEN, CO 81611 ALLEN DOUGLAS P 403 LACET LN ASPEN, CO 81611 AMAYA JOSE ANTONIO ARGUETA BLANCA EDITH 605 W HOPKINS AVE #103 ASPEN, CO 81611 ASPEN MESA STORE LLC C/O ASPEN BLUE SKY HOLDINGS tLC PO BOX 8238 ASPEN, CO 81612 BERR LLC 611 W MAIN ST ASPEN, CO 81611 BRIDGE WILLIAM 8 JOSEFINA 2075 SHERWOOD DR CAMBRIA, CA 93428 CARTER RICHARD P 400E 3RD AVE #804 DENVER, CO 80202 CHUCHMAN GEORGE S PO BOX 2800-355 CAREFREE, AZ 85377 CORTALE ITA 205 S MILL ST #112 ASPEN, CO 81611 DUNSDON S MICHAELE BORKENHAGEN DAVID A 617 W MAIN ST #D ASPEN, CO 81611-1619 BROOKS NORMAN A & LESLEE S 16311 VENTURA BLVD #690 ENCINO, CA 91436 CHAKERES JOHN B TRUST 3801 KENNETT PIKE C200 GREENVILLE, DE 19807 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 CUMMINS RICHARD 1280 UTE AVE #10 ASPEN, CO 81611 EMERICK SHELLEY W 2449 5TH ST BOULDER, CO 80304 CARROLL MEREDITH COHEN CARROLL ARTHUR RICHARD 605 W HOPKINS AVE #210 ASPEN, CO 81611 CHRISTIANA UNIT D101 LLC CIO FRANKLIN ST PARTNERS LLC 215 ZOE WY MIAMI, FL 33140 CLEANER EXPRESS 435 E MAIN ST ASPEN, CO 81611 DESTINATION RESORT MGMT INC 610 WEST END ST ASPEN, CO 81611 ERICKSON A RONALD 605 W HOPKINS AVE #211 ASPEN, CO 81611 Etiquettes faciles iti paler ~ Repliez a la hachure afire de www.averycom .._,,,___,_ _. ..mwv~r,en® .Sens de _..._,--'---~_~.._ ,enn ~n wuesv Easy Peel® Labels Use Avery® Template 5160® FARR CHARLOTTE 306 MCCORMICK AVE CAPITOLA, CA 95010 FRIAS PROPERTIES OF ASPEN LLC 730 E DURANT ASPEN, CO 81611 GOLDMAN DIANNE L PO BOX 518 FAIRFIELD,CT 06824 HAISFIELD MICHAEL DOUGLAS HAISFIELD LISA YERKE 616 W HOPKINS ASPEN, CO 81611 HY-MOUNTAIN TRANSPORTATION INC 111 C AABC ASPEN, CO 81611 ILGEN EILEEN L C/O DAN SODERBERG 2569 LOWER RIVER RD SNOWMASS, CO 81654 JOHNSON STANFORD H PO BOX 32102 TUCSON, AZ 85751 KELSO DOUGLAS P 627 W MAIN ST ASPEN, CO 81611-1619 KURKULIS PATSY & PAUL R 605 W HOPKINS AVE #201 ASPEN, CO 81611 LESTERJAMES 229 CHRYSTIE ST #1417 NEW YORK, NY 10002 ~ ~ Bend along line to Feed Paper expose Pop-Up EdgeTM + FINE FREDRIC N & SONDRA 412 MARINER DR JUPITER, FL 33477 GARMISCH LODGING LLC 8566 COLLATE AVE LA, CA 90048 GORDON LETICIA C/O JOE RACZAK GOLDEN HORN 555 E DURANT AVE ASPEN, CO 81611 HAYMAN JULES ALAN 9238 POTOMAC SCHOOL DR POTOMAC, MD 20854 IGLEHART JIM 610 W HALLAM ST ASPEN, CO 81611 ILGEN JACK D 8 ELOISE 17352 HWY 82 #C CARBONDALE, CO 81623 JOHNSTON FAMILY TRUST 2018 PHALAROPE COSTA MESA, CA 92626 KOELLE ALICE PO BOX 2871 ASPEN, CO 81612 LAMB JENNIFER C & TIMOTHY E 605 W HOPKINS AVE #204 ASPEN, CO 81611 LITTLE AJAX CONDOMINIUM ASSOC 605 W HOPKINS #006 ASPEN, CO 81611 AVERY® 5160® FRANSEN ERIN M & GREGORY H PO BOX 5082 GILLETTE, WY 82717-5082 GOLDENBERG STEPHEN R 8 CHERYL J 430 W HOPKINS AVE ASPEN, CO 81611 H & H PROPERTIES LLLP 807 W MORSE BLVD STE 101 WINTER PARK, FL 32789-3725 NORTON DAYNA L 520 W MAIN ST #22 ASPEN, CO 81611 IGLEHART JIM 617 W MAIN ST ASPEN, CO 81611 JEWISH RESOURCE CENTER CHABAD OF ASPEN 435 W MAIN ST ASPEN, CO 81612 KELLY KIM 605 W HOPKINS AVE #202 ASPEN, CO 81611 KONIG DEBORAH HANSON KIM 605 W HOPKINS AVE #203 ASPEN, CO 81611 LAST NICKEL LLC C/O LUCAS PECK BRANDY PC 132 MIDLAND AVE #4 BASALT, CO 81621 LOT 2 BOOMERANG LOT SPLIT PLANNED COM OWNERS ASSOC 533 E HOPKINS AVE 3RD FL ASPEN, CO 81611 ~tiquettes fadles a peter ~ Repliez a la hachure afin de www.averycom .._'.`--'- --`-_....~...ae ~. ~,.® Sens de _.._ __ .. ....,.. ~., ........ 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MADSEN MARTHA W MARSHALL ALISON J 8 JOSHUA W MOLLER DIANE T 608 W HOPKINS AVE APT 9 605 W HOPKINS AVE #212 4032 CRYSTAL BRIDGE DR ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623 NELSON TREVOR T 8 ROSE MARIE NIX ROBERT JR NORTH AND SOUTH ASPEN LLC 605 W HOPKINS #207 PO BOX 3694 200 S ASPEN ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 NORTHWAY LLC OHARROW SIOBHAN P OLIVER SPORTS BRACING LLC 106 S MILL ST #203 605 W HOPKINS AVE #208 520 W MAIN ST #20 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PERRY EMILY V RENO ASPEN PROPERTIES LLC REVA LLC PO BOX 11071 605 W MAIN ST #002 PO BOX 1376 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 RODRIGUEZ JOANN ROLAND DANIEL P & LEAH S RUFUS CAMI CAMI LLC 605 W MAIN ST #OOA 605 W HOPKINS AVE #102 1280 UTE AVE #7 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SCOTT MARY HUGH SHADOW MTN CORP SCHALL FAMILY TRUST 8/31/1998 RUSSELL SCOTT III & CO LLC C/O FINSER CORP 18518 ST MORITZ DR 5420 S QUEBEC ST #200 7321 N.W. 75TH STREET TARZANA, CA 91356 GREENWOOD VILLAGE, CO 80111 MEDLEY, FL 33166 SHERWIN ENTERPRISES LLC SLTM LLC SMITH ANDREW C & GONNA G C/O JENNIFER SHERWIN 106 S MILL ST 3622 SPRINGBROOK ST 1714 VISTA ST ASPEN, CO 81611 DALLAS, TX 75205 DURHAM, NC 27701 STARFORD PROPERTIES NV STASPEN LLP SUBOTKY JULIE E C/O KEON WILLIAM C/O JOHN STATON 55 WEST 14TH ST #15L 7321 NW 75TH ST 1180 PEACHTREE ST NE NEW YORK, NY 10011 MEDLEY, FL 33166 ATLANTA, GA 30309-3521 THROM DOUGLAS H TODD SHANE TOMS CONDO LLC C/O BRANDT FEIGENBAUM PC 617 W MAIN ST PO BOX 2654 132 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN, CO 81612 BASALT. CO 81621 ULLR CONDO LLC ULLR HOMEOWNERS ASSOCIATION VANDERSCHUIT FAM TRUST 6450 AVENIDA CRESTA 600 E HOPKINS #304 5836 WAVERLY AVE LA JOLLA, CA 92037 ASPEN, CO 81611 LA JOLLA, CA 92037 Etiquettes faciles a peter. Sens de Repliez j la hachure afin de www.averycom .,~_..___ ._ __~__. wvew® c•cn® ..:...~~.._ ~~_~ o__ .._... ~_enn_r_/LSVCev Eary Peel® Labels ~ ~ Bend along line to ~ AVERY® 5160® ~ Use Avery® Template 5160® - Peed paper expose Pep-Up EdgeTM ., 1 VERNER DANIEL A & MERYLE VIEIRA LINDA 50% INTEREST WAGNER HOLDINGS CORP LLC 2577 NW 59TH ST HALL TERESA 50% INTEREST C/O BILL POSS FL 33496 BOCA RATON 0095 LIGHT HILL RD 605 E MAIN ST , SNOW MASS, CO 81654 ASPEN, CO 81611 WASHBURN LYNN S WENDT ROBERT E II WERLIN LAURA B TRUST TERRELL SERENE-MARIE 350 MT HOLYOKE AVE 2279 PINE ST 605 W HOPKINS AVE #205 PACIFIC PALISADES, CA 90272 SAN FRANCISCO, CA 94115 ASPEN, CO 81611-1607 WEST ALFRED P JR 8 LORALEE S WHITNEY KURT A 8 JACQUELINE WINGSTONE TOY COMPANY LLC 58416475 METAVANTE WAY 6448 E CRABTREE PL 12 GREENBRIAR LN SIOUX FALLS, SD 57186 YUMA, AZ 85365 PAOLI, PA 19301 YLP WEST LLC YOUNG DONALD L YOUNG PAUL III FAMILY TRUST 7 SOUTH MAIN ST PO BOX 4444 413 W HOPKINS AVE YARDLEY, PA 19067 ASPEN, CO 81612 ASPEN, CO 81611-1603 Etiquettes faciles 3 peter ~ Repliaz ~ la hachure afin de S d www.averycom ~ . ua:___ ~_'_~_~. wveev® c.en® ens e _:..:,'-'" ``__. ..__ .._... ..,.... ~.......... i Resolution No. 18 (SERIES OF 2006) EXHIBIT ea A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION GRANTING GROWTH MANAGEMENT QUOTA SYSTEM APPROVAL FOR LODGING, FREE-MARKET RESIDENTLAL, 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 H):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-mazket residential growth management allotments, two (2) affordable housing growth management allotments, eighteen (18) lodge growth management allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay, Planned Unit Development approval, Condominiumization approval, and vested rights for the redevelopment of the Boomerang Lodge located at 500 West Hopkins Avenue and known legally as Lots K through S of Block 31, City and Townsite of Aspen, Pitkin County, Colorado; and, WHEREAS, the site currently contains 34 hotel units in a structure of approximately 23,000 squaze feet of Floor Area and surface parking located primarily within the public rights-of--way. The proposed development includes 52 hotel units, 6 free- mazket residential units, 2 affordable housing units, a 31-space underground parking facility, and 17 surface parking spaces in a structure of approximately 51,000 squaze feet of Floor Area as defined by the City of Aspen; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Pazks and Water Depamnents 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 standazds of review for each of the requested ]and use approvals and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.470.040 of the Land Use Code, Growth Management Review approvals maybe 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 M N 00 .... f ..' 10 O O ~ ~ ^,'o r "° (V A In aom 0 ~... ~• n ~~ ~~ o -U ~~ y U ~~ ~~ a J ~~ o ~~ U ~~ O ~~ ~~ Y ~~ w U_ ~~ Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 1 r-, -~ ~~ 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 regulaz 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 heazd and approved the request for six (6) free-mazket 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-mazket residential allotments and two (2) affordable housing allotments, and eighteen (18) lodge growth management allotments, subject to the requirements listed hereinafter. Section 2• Recommendation of Approval for Subdivision, Rezoning for PUD Overlay and PUD Final Development Plan The Planning and Zoning Commission, pursuant to Chapter 26.480, 26.310, and 26.445 - Subdivision, Rezoning, and Planned Unit Development, respectively -hereby recommends City Council grant Subdivision approval, rezoning for a Planned Unit Development Overlay, and Planned Unit Development Final Development Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements listed hereinafter. Section 3: Project Dimensions Tt,P f~tt~.x,;.,o annrnvPtt riimens;nns of the nroiect shall be reflected in the Final PUD Plans: Minimum Lot Size 27,000 s.f. Minimum Lot Width 270 ft. Minimum Front Yard Setback 0-5 ft. Minimum Side Yard Setback 0-5 ft. on west 1-5 ft. on east Minimum Rear Yard Setback 0-5 ft. Maximum Height 42 ft. for a flat roof. A roximately 30- 35 ft. on east side. _x,~e M ~~ ma ~~m m ~ °am r N~c r mm N a, IS? amE E '~; ~~ c .~, C' ~~ ~~ ~~ Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 2 ! r„. Pedestrian Amenity Space • Total 19% . 1.86:1 = 50,470 s.f. Lodging .97:1 = 26,210 s.f. Non-unit space .35:1 = 9,536 s.f. Commercial N/A Free-Market Residentiaf .475:1 = 12,845 = 25% of total project Affordable Residential .05:1 = 1,452 s.f. Section 4: Trash/RecvclineRrea The applicant is encouraged to make sure that the trash storage azea has adequate wildlife protection and to make sure recycling containers aze present wherever trash compactors or dumpsters aze 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 aze 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 maybe amended from time to time. The applicant shall structure and record a deed restriction for the affordable housing units such that an undivided 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority, or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. The affordable housing units shall be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance over a period of more than one yeaz. 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 Triu Generation and PMlO Mitieation Plan M N 9 O w .~~ T ~ ^ ~ O °mm M N 0 rn~ N °~ ~ nom 0 sn oe ~o -~ U -~ Y X08 ~~ ~~ st ~~; s~ ~~~ Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 3 r"" .~, ~~ In order to reduce the impacts of additional trip generation and PM10 generated by the project, the project shall provide either: 1) a shuttle service for use by the owners/guests of the residences/hotel, 2) an electric vehicle for use by owners/gusts of the project, 3) secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall join the Transportation Options Program. The Subdivision Agreement shall specify which of these options shall be implemented. The project shall be subject to any transportation related impact fees adopted prior to application for a building permit and any of the above options shall be credited towards any fee requirement. Section 7: Subdivision Plat and PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and Final PUD Plans. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and, in addition to the standazd 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 pazking 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 standazd requirement of Section 26.445.070.B, the Final PUD Plans shall include: 1. An illustrative site plan with adequate snow storage azeas 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 Sa' 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 detemrined by the City Engineer and the Community Development Director. The surface pazking along West Hopkins Avenue shall be eliminated. The sidewalk shall incorporate accessible ramps according to the current standazds. 4. Design specifications and profiles for publicright-of--way improvements. N mo ., ..s ~- ~,~s ct °ms r C ~ C ~ "° tV am lf? u m m 6 Y. Q c Y t a s `> Y C a Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 4 .,ti ~.~ «.,. 'a.r 5. An azchitectural character plan demonstrating the general azchitectural chazacter 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, prepazed 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-yeaz 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 fural approval by City Council and prior to applying for Building Pernrit, 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 26.445.070.0, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements N within public rights-of--way with reference to their locations depicted on the m m Subdivision Plat. r 2. In order to secure the performance of the constmction and installation of N N ~ `- ; o improvements in the public rights-of--way, the landscape plan, and public facilities N performance security shall include and secure the estimated costs of proposed ~ o. ° m right-of--way improvements n 3. A revocable license agreement to use portions of the Fourth Street right-of--way ~ for dedicated pazlcing. 0 4. A license agreement to use any public rights-of--way, or portions thereof, adjacent z to the project site for construction staging including a fee to use the land at a rate of $1.25 per squaze foot per month for the time period in which the land is to be occupied for construction staging. n Section 9: Impact Fees 0 a Park Impact Fees of $41,039 shall be assessed. Amendments to the Project or to the fee N > schedule adopted prior to issuance of a building permit shall require a new calculation. w The following fee total is based on the current proposal and fee schedule: 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 r~ ~. Park Fees -Credit for Existing Development: 34 Lodge Units 29-studio units @ $1,520 per unit 3 two-bedroom units @ $2725 per unit 2 three-bedroom units @ $3,634 per unit .~, ~... =$44,080 =$8,175 =$7,268 Total Credit = ($59,523) Total Pazk Impact Fee Due = $42,834 School Land Dedication Fees aze 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 acash-in-lieu payment shall be accepted. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. Other Impacts Fees. The project shall be subject to amendments and additions to the Impact Fee Chapter of the Land Use Code adopted prior to the application for a building permit. Section 10: Water Department The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standazds of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Deparhnent. Soil nails will not be allowed in the City ROW. Section I1: Sanitation District Standards/Reguirements 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, zegulations, 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 maybe required for this project to be funded by the applicant. 4. All cleaz water connections aze prohibited (roof, foundation, perimeter, patio drains), including entrances to underground pazking 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 sepazators are required for public vehicle pazking gazages and vehicle maintenance facilities. N O O E T ~ IDE ~' ~ OE r ~ N ~ r ~~ N rnm tf') a o E E d 0 y h O -a v Y a Planning and Zoning Commission Resolution No. 16, Series of 2006 Page 6 /"~1 Fw1 \d 'v/ 8. Glycol snowmelt and heating systems must have containment provisions and must preclude dischazge to the public sanitary sewer system: 9. Plans for interceptors, sepazators and containment facilities require submittal by the applicant and approval prior to building permit. 10. When new service lines aze 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. Shazed service line agreements may be required where more than one unit is served by a single service line. 13. Permanent improvements aze 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 Pemrit .Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and PUD/SIA agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting permits, changes, etc., and review the Building Department checklist. Section 13: Construction Management Plan Prior to application for any Building Permit, Foundation Pemut, Access Infrastructure permit, Demolition pemut, etc., the applicant and the City shall agree upon a Constmction 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 pazking 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 Pazking Department, and the City Engineering N O O .... m r. ,,. ,n o ~ vam r rNo r '~ a N ~m tOaom a ~:.. ~rc 3 z ~o ~~ U -Z ~Y r ~a J Q ,~~~ N ~~ j ~w Y ~~ w a Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 7 ~, Department. Street closures concurrent with significant public events shall be avoided to the geatest 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 azeas, daily cleaning of adjacent paved roads to remove mud that has been carved out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. For projects Beater than one acre in size a fugitive dust control plan must be submitted to the Colorado Department of Public Health and Environment (CDPHE), Air Quality Control Division. N 5. Recycling facilities, in addition to trash facilities, for the period of construction. mm s- ~ ~ a Section 14: Buildine Permit Requirements ~ ~ ° ° The building permit application shall include/depict: r, N No . a N A ~ 1. A signed copy of the final P&Z Resolution and Council Crdinance ganting land use ~ ° ~ m approval. -N 2. A letter from the primary contractor stating that the approving Resolution and ~ Ordinance have been read and understood. 0 3. The conditions of approval shall be printed on the cover page of the building permit o set. ~~ x 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. Aright-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 Pazks Deparment. 7. A utility plan meeting the standazds of the City Engineer and City utility agencies. 8. A gading/drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a Bound recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-yeaz storm frequency should be used in .designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New buildings may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. Planning and Zoning Commission Resolution No. 18, Series of 2006 Page 8 ., _, 4. 10. An asbestos inspection report. Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile, etc., the CDPHE Air Quality Control Division must be notified and a person licensed by the state of Colorado to do asbestos inspections must do an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. A tree removal permit, as applicable. 12. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed azeas 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 orutility easements. M m m 14. A construction site management and pazking plan meeting the specifications of the ~ m City Building Department. o m em N m o ° Prior to issuance of a building pemut: to a a m 1. All tap fees, impacts fees, and building permit fees shall be paid. m N 2. The location and design of standpipes, fire sprinklers, and alarms shall be acceptable to the Fire Marshall. 0 U Section 15: Noise Durin¢ 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 a thru Saturday. Constmction 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 a N the predicted high noise levels. 0 w Section 16: Condominiumization a Condominiumization of the Project to define sepazate 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 awazded, 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 aze 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 regulaz meeting onJ~ 2006. APPROVED AS TO FORM: Da Hoefer, Asst. City A omey PLANNING AND ZONING COMMISSION: --~ Jasmine Tygre, Chair ATTEST: ~.-L ' ckie Lothian, eputy City Clerk C:\home\Current Planning\CASES\Boomerang Lodge\Reso.doc IIINI~IN~YId@A~INI Planning and Zoning Commission Resolution No. 18, Series of 2006 527141 Page: 10 of 10 08/04!2006 10:23 00 D 0.00 Page 10 ~, . Ordinance No. 26 (SERIES OF 2006) EXHIBIT 8 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 #950; Reston , VA 20190; represented by Sunny Vann of Vann Associates, requesting approval of six (6) free-mazket 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 pazking located primarily within the. public rights-of--way. The revised development includes 47 hotel units, 5 free- mazket residential units, 2 affordable housing orals, a 31-space underground pazking facility contained within a building of approximately 44,915 square feet of floor azea as defined by the City of Aspen, and a surface pazking azea 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, Pazks 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 standazds 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 maybe granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendation's 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 - 1 - +. ; WiEIEREAS, 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 Duector and comments from the public were heazd and approved the request for six (6) free-mazket 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, TFIEREFORE, 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: Auuroval for Subdivision, Rezoning for PUD Overlay, and PUD Final Development Plan Pursuant to Chapter 26.480, 26.310, and 26.445 -Subdivision, Rezoning, and Planned Unit Development, respectively -the City Council gants 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 Fina] PUD Plans: -• ~• .. Minimum Lot Size 6,000 s.f. 27,000 s.f. 27,000 s.f. Minimum Lot 60 ft 270 ft. 270 ft. Width Minimum Front 5 ft. 10-70 ft. (varies) 5 ft. Yard Setback (Hopkins) Minimum Side 5 ft. 6 ft. on west 5 ft. on west Yard Setback 1-5 ft. on east 4 ft. 3 in. on east (existing building) 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 ovefiang 4' 5") Maximum Height 25 ft. pitched roofs 30 ft. on alley 36' 6" feet (set in PUD for 20-25 ft on east maximum, roof Lodging) heights vary and are set in this PUD plan Parking Set in PUD 31 surface (all but 1 31 underground and partially in r.o.w) 12 @ surface (partially in r.o.w.) Floor Area Ratio/Size: Total Set in PUD .85 = 23,000 s.f. 1.66:1 =44,915 s.f. Lodging Set in PUD .85 = 23,000 s.f. .87:1 = 23,547 s.f. Ave. Lodge Size Set in PUD-500 sq. 340 s.f. 501 s.f. ft.desirable Free-Market 25% of total project N/A .39:1 = 10,733 = Residential Floor Area 24% of total project Affordable No FAR limit N/A .05:1 = 1,384s.f. Residential Section 4: Trasb/Becvcline Area The applicant shall ensure that the trash storage azea has adequate wildlife protection and to make sure recycling containers aze present wherever trash compactors or dumpsters aze located due to the Gity'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 determines acceptable. City Council Ordinance No. 26, Series of 2006 - 3 - .,~ The affordable housing units shall be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance over a period of more than one yeaz. 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 Mitieation Plan Tn order to reduce the impacts of additional trip generation and PMIO 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 towazds any fee requirement. Section 7: Subdivision Plat and PUD Plans Within 180 days after fmal approval by City Council and prior to applying for a Building Pennit, 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 pazking 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 pazcel 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 standazd 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 Pazks Departtnent. City Council Ordinance No. 26, Series of 2006 - 4 - w. . 3. A general sidewalk and curb improvements plan depicting a detached sidewalk with planting buffer along both West Hopkins Avenue and North Ss' 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 detemuned by the City Engineer and the Community Development Director. The surface pazking along West Hopkins Avenue shall be eliminated. 4. An azchitectural chazacter plan demonstrating the general azchitectural 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 26.445.070.0, the provisions & conditions of this ordinance, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of--way with reference to their locations depicted on the Subdivision Plat. 2. In order to secure the performance of the construction. and installation of improvements in the publicrights-of--way, the landscape plan, and public facilities performance security shall include and secure the estimated costs of proposed right-of--way improvements. 3. A revocable license agreement to use portions of the Fourth Street right-of--way for dedicated parking. 4. A license agreement to use any public rights-of-way, or portions thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per squaze foot per month for the time period in which the ]and is to be 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 Development: 47 Lodge Units (studio units) @ $1,520 per unit =$71,440 3 two-bedroom residential units @ $2,120 per unit = $6,360 2 three-bedroom residential units @ $2,725 per unit = $5,450 Total = $83,250 Pazk Fees -Credit for Existin Dg evelopment: 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 - P<"~" ~..,.+ ~'~ ~av/ 2 three-bedroom units @ $3,634 per unit =$7,268 Total Credit = ($59,523) Total Park Impact Fee Due = $23,727 School Land Dedication Fees aze 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 unirproved 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 acash-in-lieu payment shall be accepted. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. Other Impacts Fees. The project shall be subject to amendments and additions to the Impact Fee Chapter of the Land Use Code adopted prior to the application for a building permit. Section 10: Water Department The applicant shall comply with the City of Aspen Water System Standazds, with Title 25, and with applicable standazds 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/Reguirements 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 maybe required for this project to be funded by the applicant. 4. All cleaz water connections aze prohibited (roof, foundation, perimeter, patio drains), including entrances to underground pazking gazages. 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 sepazators aze required for public vehicle pazking garages and vehicle maintenance facilities. 8. Glycol snowmelt and heating systems must have containment provisions and must preclude dischazge to the public sanitary sewer system. 9. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. City Council Ordinance No. 26, Series of 2006 - 6 - ,.~-,. ..~ 10. When new service lines aze 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. Shazed service line ageements may be required where more than one unit is served by a single service line. 13. Permanent improvements are prohibited in azeas 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 pemut. I5. 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 azea of concern in order to fund the improvements needed. Section 12: Pre-Construction Meeting Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner, Community Development Engineer, City Engineer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, discuss the Construction Management Plan, identify the timeline for plat and 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 pemut 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 Pemut, Foundation Pemrit, Access Infrastructure pemvt, Demolition pemut, 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 pazking plan meeting the specifications of the City Building Deparment. 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 Depaztment, 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 - 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 azeas, daily cleaning of adjacent paved roads to remove mud that has been carved 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 Deparhnent 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 pernvt application shall include/depict: 1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Resolution and Ordinance have been read and understood. 3. The conditions of approval shall be printed on the cover page of the building pemvt set. 4. A completed tap pemut for service with the Aspen Consolidated Sanitation District. 5. Aright-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 Pazks 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, prepazed 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 con•ectly size the facility. A 2-yeaz storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New buildings may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. 10. An asbestos inspection report. Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile, etc., the CDPHE Air Quality Control Division must be notified and a person licensed by the state of Colorado to do asbestos inspections must do an inspection. The Building Department cannot sign any building permits until they get this report. If there is no City Council Ordinance No. 26, Series of 2006 - 8 - r ~, ., .~, .,~ 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 Departnent which addresses watering of disturbed azeas 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 Enviromnent 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 stmctures and/or streets. The City will not approve of soil nails into public right-of- way or utility easements. 14. A construction site management and pazking 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, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground rechazge system is required, a soil percolation report will be required to correctly size the facility. A 2-yeaz 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 pemut: 1. All tap fees, impacts fees, and building pemut 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 Durin¢ Construction Doting construction, noise cannot exceed maximum permissible sound level standazds, 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 awaze of this and take measures to minimize the predicted high noise levels. 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 Wine" 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 azea to be designated shall be finalized in conjunction with the Historic Preservation Commission but shall include that azea of the structural east wing along the alley, Fourth Street and Hopkins Avenue, also including the outdoor pool and spa azea. 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 awazded, 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 sepazate, 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 26a' day of June, 2006. ~- ATTEST: City Council Ordinance No. 26, Series of 2006 - 10 - ,~ , ~., .. aduyn S. K Ci lerk FIN LY, adopted, passed a d approved this 28`" day of i s 0 . Kathryn S. ~ty Clerk elen Ka in rud; or APPROVED AS TO FORM: ttomey City Council Ordinance No. 26, Series of 2006 - 11 - `1e,. ' AFFIDAFJET O1~ )?U13LIC NOTI CE RE~UIREF3 B~' SECTION z6.3Q4.070, ASPEN LAND b1SE COI<FE AI)I1R.ES5 OF I'I20I'ERT~': Aspen, CO STATE OF COLORADO ) ss. Canrnty of Patlsin ) I ~~ ~~ ~C~ -- 1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26304.060 (E) or Section 2'6.30/6.010 (E) of the Aspen Land Use Code in the following mamier: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publications is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me tlus ~fday of ~1us, t~ ST_ , 200, by ~~ ^ ~ ~ ~v CO ~~~`'I WITNESS MY HAND AND OFFICIAL SEAL My commis ~ n exp~ e ~ ~ db~ S3 ub~ic Notice P TI DEVELOPMENT pePPNerapFnblic of the Notwe is helebYs9~e spec jic Ee~8io50 ha City e~ Notary Public en lommu,n.l_tY Deva~9~0j q2g-2T~. d Olry of Aspo" .sGe", `^"oraAOl ust en Times Weekly on Aug Published /3915908 - 23.2009.1 ,~, 4..:.i ATTACHMENTS: COPY OF THE P UBLICATION CORY J. GARSKE My Commissbn Expires 0510812012 ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~..l.~~ ~w'S~~~/ i'~7~/~/d/c~ ~~, Aspen, CO SCHEDULED PUBLIC HEARING DATE: ~~/a 7 , 200_ STATE OF COLORADO ) ss. County of Pitkin ) I, ~~~ ~'~~~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (IS) days prior to the public hearing and was continuously visible from the day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (I S) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business h urs for fifteen (15) days prior to the public hearing on such amendme~s~ The f •egoing "Af idavit of Notice" was acknowledged bf fore me this ~ day of , 20Q7 , by U M~1 ~ V.41~i~ ~;. o <o~'c} . A ~iy~~ ; n ti . WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~4 f n Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: 500 WEST HOPKINS AVENUE, BOOMERANG LODGE, REQUEST FOR AN EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 10`", 2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in the Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Sunny Vann Associates, LLC, 230 East Hopkins Avenue, Aspen, CO, 81611 on behalf of Aspen FSP-ABR, LLC, 500 West Hopkins Avenue, Aspen, CO, 81611 who is the owner of the subject property. The applicant is requesting an extension of vested rights for the approved project for that site. The property is legally described as Lots K through S, Block 31, City and Townsite of Aspen, Aspen, Colorado, 81611. For further information, contact Errin Evans at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2745, en•ine@ci.aspen.co.us. s/Michael C. Ireland. Mayor Aspen City Council Published in the Aspen Times on July 26~', 2009 City of Aspen Account Easy Peel® Labels ~ ~ Bend along line to ~ AVERY® 5160® Use Avery® Template 5160® ,y~^+., Feed Paper expose Pep-Up EdgeTM -- 1 W>:/ 501 W HOPKINS LLC PO BOX 8769 ASPEN, CO 81612 604 WEST LLC 604 W MAIN ST ASPEN, CO 81611 ALPINE BANK ATTN ERIC GARDEY PO BOX 10000 GLENWOOD SPRINGS, CO 501 WEST MAIN LLC 532 E HOPKINS AVE ASPEN, CO 81611-1818 ALEXANDER JOAN P PO BOX 481 S GRAND JUNCTION, CO 81505 ALPINE BANK ATTN JEAN MOORE 600 E HOPKINS AVE 81602 ASPEN, CO 81611 ANGELOV DIMTAR S & DANIEL D 605 W HOPKINS AVE #209 ASPEN, CO 81611 ASPEN SQUARE CONDO ASSOC INC 617 E COOPER ASPEN, CO 81611 ASPEN CONDO ASSOC 600 E HOPKINS AVE #304 ASPEN, CO 81611-2934 BARYON META PACKARD 4475 N OCEAN BLVD APT 43A DELRAY BEACH, FL 33483 521-523 W HOPKINS AFFORDABLE HOUSING CONDO ASSOC 521 W HOPKINS AVE ASPEN, CO 81611 ALLEN DOUGLAS P 403 LACET LN ASPEN, CO 81611 AMAYA JOSE ANTONIO ARGUETA BLANCA EDITH 605 W HOPKINS AVE #103 ASPEN, CO 81611 ASPEN MESA STORE LLC C/O ASPEN BLUE SKY HOLDINGS LLC PO BOX 8238 ASPEN, CO 81612 BERR LLC 611 W MAIN ST ASPEN, CO 81611 BRIDGE WILLIAM & JOSEFINA 2075 SHERWOOD DR CAMBRIA, CA 93428 CARTER RICHARD P 400E 3RD AVE #804 DENVER, CO 80202 CHUCHMAN GEORGE S PO BOX 2800-355 CAREFREE, AZ 85377 CORTALE ITA 205 S MILL ST #112 ASPEN, CO 81611 DUNSDON S MICHAELE BORKENHAGEN DAVID A 617 W MAIN ST #D ASPEN, CO 81611-1619 BROOKS NORMAN A 8 LESLEE S 16311 VENTURA BLVD #690 ENCINO, CA 91436 CHAKERES JOHN B TRUST 3801 KENNETT PIKE C200 GREENVILLE, DE 19807 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 CUMMINS RICHARD 1280 UTE AVE #10 ASPEN. CO 81611 EMERICK SHELLEY W 2449 5TH ST BOULDER, CO 80304 CARROLL MEREDITH COHEN CARROLL ARTHUR RICHARD 605 W HOPKINS AVE #210 ASPEN. CO 81611 CHRISTIANA UNIT D101 LLC C/O FRANKLIN ST PARTNERS LLC 215 ZOE WY MIAMI, FL 33140 CLEANER EXPRESS 435 E MAIN ST ASPEN, CO 81611 DESTINATION RESORT MGMT INC 610 WEST END ST ASPEN, CO 81611 ERICKSON A RONALD 605 W HOPKINS AVE #211 ASPEN, CO 81611 Etiquettes faciles ~ paler ~ Replies ~ la hachure afin de vvww.avery.com r lrlli<e~ la naharit AVERY® 5160® -Sens de^ reveler le rcberd Pes-UOTM 1-800-GO-AVERY Eas Peel® Labels ~ ~ Bend also line to ® ® ~ Y ® ® r`` Peed Pa r ex se Po U Ed eTM ~ AVERY 5160 i Use Avery Template 5160 ;~ Pe PO P- P 9 J j MADSEN MARTHA W MARSHALL ALISON J & JOSHUA W MOLLER DIANE T 608 W HOPKINS AVE APT 9 605 W HOPKINS AVE #212 4032 CRYSTAL BRIDGE DR ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623 NELSON TREVOR T R ROSE MARIE NIX ROBERT JR NORTH AND SOUTH ASPEN LLC 605 W HOPKINS #207 PO BOX 3694 200 S ASPEN ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 NORTHWAY LLC OHARROW SIOBHAN P OLIVER SPORTS BRACING LLC 106 S MILL ST #203 605 W HOPKINS AVE #208 520 W MAIN ST #20 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PERRY EMILY V RENO ASPEN PROPERTIES LLC REVA LLC PO BOX 11071 605 W MAIN ST #002 PO BOX 1376 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 RODRIGUEZ JOANN ROLAND DANIEL P & LEAH S RUFUS CAMI CAMI LLC 605 W MAIN ST #OOA 605 W HOPKINS AVE #102 1280 UTE AVE #7 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SCOTT MARY HUGH SHADOW MTN CORP SCHALL FAMILY TRUST 8/31/1998 RUSSELL SCOTT III 8 CO LLC C/O FINSER CORP 18518 ST MORITZ DR 5420 S QUEBEC ST #200 7321 N.W. 75TH STREET TARZANA, CA 91356 GREENWOOD VILLAGE, CO 80111 MEDLEY, FL 33166 SHERWIN ENTERPRISES LLC SLTM LLC SMITH ANDREW C & DONNA G C/O JENNIFER SHERWIN 106 S MILL ST 3622 SPRINGBROOK ST 1714 VISTA ST ASPEN, CO 81611 DALLAS, TX 75205 DURHAM, NC 27701 STARFORD PROPERTIES NV STASPEN LLP SUBOTKY JULIE E C/O KEON WILLIAM C/O JOHN STATON 55 WEST 14TH ST#15L 7321 NW 75TH ST 1180 PEACHTREE ST NE NEW YORK, NY 10011 MEDLEY, FL 33166 ATLANTA, GA 30309-3521 TOMS CONDO LLC THROM DOUGLAS H TODD SHANE C/O BRANDY FEIGENBAUM PC 617 W MAIN ST PO BOX 2654 132 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN, CO 81612 BASALT, CO 81621 ULLR CONDO LLC ULLR HOMEOWNERS ASSOCIATION VANDERSCHUIT FAM TRUST 6450 AVENIDA CRESTA 600 E HOPKINS #304 5836 WAVERLY AVE LA JOLLA, CA 92037 ASPEN, CO 81611 LA JOLLA, CA 92037 Etiquettes faciles a peter ~ Replisz ~ la hachure afin de S d www.averycom _,_, ~„~~„~ ~,~..ae _ ens e ~,.~~__ ~_ ~._~ e__ „_... ~_vnn_crwevoev Easy Peel® Labels Use Avery® Template 5160® FARR CHARLOTTE 306 MCCORMICK AVE CAPITOLA, CA 95010 FRIAS PROPERTIES OF ASPEN LLC 730 E DURANT ASPEN, CO 81611 GOLDMAN DIANNE L PO BOX 518 FAIRFIELD,CT 06824 HAISFIELD MICHAEL DOUGLAS HAISFIELD LISA YERKE 616 W HOPKINS ASPEN, CO 81611 4 .. HY-MOUNTAIN TRANSPORTATION INC 111C AABC ASPEN, CO 81611 ILGEN EILEEN L C/O DAN SODERBERG 2569 LOWER RIVER RD SNOW MASS, CO 81654 JOHNSON STANFORD H PO BOX 32102 TUCSON, AZ 85751 KELSO DOUGLAS P 627 W MAIN ST ASPEN, CO 81611-1619 KURKULIS PATSY 8 PAUL R 605 W HOPKINS AVE #201 ASPEN, CO 81611 LESTERJAMES 229 CHRYSTIE ST #1417 NEW YORK, NY 10002 ~ Bend along line to Feed Paper expose Pop-Up EdgeTM FINE FREDRIC N & SONDRA 412 MARINER DR JUPITER, FL 33477 GARMISCH LODGING LLC 8566 COLLATE AVE LA, CA 90048 GORDON LETICIA C/O JOE RACZAK GOLDEN HORN 555 E DURANT AVE ASPEN, CO 81611 HAYMAN JULES ALAN 9238 POTOMAC SCHOOL DR POTOMAC, MD 20854 IGLEHART JIM 610 W HALLAM ST ASPEN, CO 81611 ILGEN JACK D 8 ELOISE 17352 HWY 82 #C CARBONDALE,CO 81623 JOHNSTON FAMILY TRUST 2018 PHALAROPE COSTA MESA, CA 92626 KOELLE ALICE PO BOX 2871 ASPEN, CO 81612 LAMB JENNIFER C & TIMOTHY E 605 W HOPKINS AVE #204 ASPEN, CO 81611 LITTLE AJAX CONDOMINIUM ASSOC 605 W HOPKINS #006 ASPEN, CO 81611 AVERY® st6o® l FRANSEN ERIN M & GREGORY H PO BOX 5082 GILLETTE, WY 82717-5082 GOLDENBERG STEPHEN R & CHERYL J 430 W HOPKINS AVE ASPEN, CO 81611 H & H PROPERTIES LLLP 807 W MORSE BLVD STE 101 WINTER PARK, FL 32789-3725 NORTON DAYNA L 520 W MAIN ST #22 ASPEN, CO 81611 IGLEHART JIM 617 W MAIN ST ASPEN, CO 81611 JEWISH RESOURCE CENTER CHABAD OF ASPEN 435 W MAIN ST ASPEN, CO 81612 KELLY KIM 605 W HOPKINS AVE #202 ASPEN, CO 81611 KONIG DEBORAH HANSON KIM 605 W HOPKINS AVE #203 ASPEN, CO 81611 LAST NICKEL LLC C/O LUCAS PECK BRANDY PC 132 MIDLAND AVE #4 BASALT, CO 81621 LOT 2 BOOMERANG LOT SPLIT PLANNED COM OWNERS ASSOC 533 E HOPKINS AVE 3RD FL ASPEN, CO 81611 Etiquettes fatiles a peter ~ Repliaz ~ la hachuro afin de www.averycom :..:::___ :_ __~._.:. wvcsv® cscn® ,Sens de ,d„sie. i...l....a Dw..unrw 1-B00-GO-AVERY Easy Peel® Labels A ~ Bend along line to ^ A~/E(YY® 5160® Use Avery® Template 5160® Feed Paper expose Pep-Up Edger" `~"+x ® j VERNER DANIEL A & MERYLE 2577 NW 59TH ST BOCA RATON, FL 33496 VIEIRA LINDA 50% INTEREST HALL TERESA 50% INTEREST 0095 LIGHT HILL RD SNOWMASS, CO 81654 WAGNER HOLDINGS CORP LLC C/O BILL POSS 605 E MAIN ST ASPEN, CO 81611 WASHBURN LYNN S TERRELL SERENE-MARIE 605 W HOPKINS AVE #205 ASPEN, CO 61611-1607 WEST ALFRED P JR & LORALEE S 58416475 METAVANTE WAY SIOUX FALLS, SD 57186 YLP W EST LLC 7 SOUTH MAIN ST YARDLEY, PA 19067 WENDT ROBERT E II 350 MT HOLYOKE AVE PACIFIC PALISADES, CA 90272 WHITNEY KURT A & JACQUELINE 6448 E CRABTREE PL YUMA, AZ 85365 YOUNG DONALD L PO BOX 4444 ASPEN, CO 81612 WERLIN LAURA B TRUST 2279 PINE ST SAN FRANCISCO, CA 94115 WINGSTONE TOY COMPANY LLC 12 GREENBRIAR LN PAOLI, PA 19301 YOUNG PAUL III FAMILY TRUST 413 W HOPKINS AVE ASPEN, CO 61611-1603 w~ Etiquettes faciles ~ peter ~ Repliez ~ la hachure afin de www.averycom w. _ _ _.w Sens de .. . _ .. _... , enn_Gn_svCOV ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~~~ 'v~s(/~ „Oi'b(~,~ ~VE._ ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: I'1~l(~1J S ~` O , 200 STATE OF COLORADO ) ss. County of Pitkin ) I, ~~ ~1Lk~~I1~E~.lY J~.1(E~- hlq (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the ~ day of ~ , 200, to and including the date and time of the public heazing. photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ,.~ .~ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on suc] The f eg in "Affidavit of Notice" was ackno ledged before me this day of , 200 ', by ~AMIe1Zh ~, ~,1{ UIZ 8E~ WITNESS MY HAND AND OFFICIAL SEAL ~pSARYRett~ t My mmission ltpire . ~ c~J off/ . ~ :o~z P ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL <' f J iii~~~ ~ ~~# ,y f ` +~ ~ ~T ^' ~~ J il~~ }~S~ ti ~ ~~ s 4~ `~~' ~~s.~h`I s; t~ ~ y~:, . ~ M l:l ~. ~. ~ t Y ~ '~'Z'+l ~~~y,' 1 i,~. ~~ w + ~' , Q r ~ ~ ' c ^ ~#r ~~ +'~ 1 i , ,, .~, i 1 1• ~jt ~. 1 ;k~' y 4 ~ R i ~ ~`t dye ~`' •,~ ~:-; _ ~~1 p; _ ..~. { kt -~~~ k ~ ~ ~ 1 # 1 p 1 ~~ _~~ I0 ~~ f, 1 ~~ , ` ,~ wt ~, 1~~ ; tw ~ ~ ~. r 5y ~ : ~ ~ r ~'• L~ ~ ~ +Y ~~ t ~, 1 ; r,_ , `` 1 -~ a l v , r I~ t a i a~ ~? y ~ '~-•r ~ ; *~' {,i3 ~~ " 1 1 ~ ', ~ ~' ~~ , N d f t ~ ,4 ~c' i ~~ 1 'g 4a~'~ ~ ~ , ~ ~ 1~ k;Y~! '1 ~ ~ 1, )_IS'. p ,~ ~ : _ i ~~T~ ~ i ~si~ ~ ~ h O ~ ~ ~ , + ~~ t F _ 1 ~r s 1 a Y _ ~ _ 'WI WC W ~,~~ ~,? fit. - • '~1 • w;: 3 ~iit *~ `>~~~, f~ i - 1 y k t t p b ~'" / y t - Y'~ 1~; a ~' ,~ ~ ~ ~~ ~ '~~ ~ ~%~. ;• '~'~ ~, g'. 1~ / ~i•~ ATTACHMENT 7 AFFIDAVIT OF PUBLEC ASPEN LAND USE CODE REQU-RED BY SECTION 26.304.060 ( )+ ,Aspen, CO r,.~ , zoo~l .SDo k"" ADDRESS OF PROPERTY: SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ~ ss of Pitkin ~ County (name, please print) C en, Colorado, hereby personally I, an Applicant to the City of Asp uirements of Section 26.304.060 being or representing lied with the public notice rey that I have comp manner:: a certify (E) of the Aspen Land Use Code in the following al notice section of an official the publication in the leg en at least fifteen (15) of Asp Publication of notice: BY paper or a paper of general circul~ic pY o fthelpublication is attached hereto. days prior to the public hearing. o notice: By posting of notice, which form was obtained from the Posting f Development Department, which was madWOO (22~ a ches wide Community which was not less than twenty-osed of letters not waterproof materials, and ~,~,hich was comp 15 days and twenty-six (26) inches high, osted at least fifteen ( da of and was continuously visible from the _ ublic less than one inch in height. Said notice v``as the date and time of the p prior to the public hearing 200_, to and including osted notice (sign) is attached hereto. hearing. A photograph of [he p the mailing of a notice obtained from the Community - ment Department, which contains the information described in Section Mailing of notice. By 15 da s prior to en Land Use Code. At least fifteen ( y Develop first class postage 26.304.060(E)(2) of the Asp feet of the ublic hearing, notice was hand delivered,i n n three hundred (300) the p TO erty The names and addresses of prepaid U.S. mail to all ownersrof n pplication. as they property subject to the develop ublic hearing• A property owners shall be thos 60 days prior to the date of help in Coun y appeared no more than siovernmental agencies so noticed is attached hereto. copy of the owners and g (continued on next page)