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ORDINANCE NO. 41 (SERIES OF 2001)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBSTANTIAL PLANNED UNIT DEVELOPMENT AMENDMENT,
CONDITIONAL USE FOR TIMESHARE, AND SUBDIVISION, FOR THE
EXPANSION OF THE BOOMERANG LODGE, A PROPERTY LOCATED AT
BLOCK 32, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-49-002
WHEREAS, the Community Development Department received an application
from Charles and Fonda Paterson, owners, represented by Haas Land Plarming, LLC,
requesting a Substantial Plarmed Unit Development Amendment, Conditional Use for
Timeshare, and Subdivision Review for a property consisting of portions of Lots A-I,
Block 32, City and Town Townsite of Aspen; and,
WHEREAS, the subject property is approximately 19,737 square feet, and. is
located in the R-15 Zone District with Lodge Preservation and Plarmed Unit
Development Overlays; and,
WHEREAS, pursuant to Section 26.445, the City Council may approve a
Substantial Plarmed Unit Development Amendment, during a duly noticed public hearing
after considering a recommendation from the Planning and Zoning Commission made at
a duly noticed public hearing, comments from the general public, a recommendation from
the Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, the Community Development Director recommended approval of
the Substantial Plarmed Unit Development Amendment, Conditional Use for Timeshare,
and Subdivision Review; and,
WHEREAS, the Plarming and Zoning Commission may approve a request for
Lodge Preservation Allotments, GMQS Exemptions for Lodge Preservation allotments
and Affordable Housing units after considering a recommendation from the AspenlPitkin
County Housing Authority, during a duly noticed public hearing after considering a
recommendation from the Community Development Director, comments from the
general public, and recommendations from relevant referral agencies; and,
WHEREAS, the Colorado Supreme Court in the case entitled Town of Telluride
v. Lot Thirtv-Four Venture L.L.C. (case No. 98-5C-547, decided June 5, 2000) held that
Section 38-12-301, C.R.S., prohibits the enactment of an ordinance that imposes rent
controls; and,
WHEREAS, Section 38-12-301, C.R.S., states that the rent control statute is not
intended to impair the right of a municipality to manage and control any property in
which it has an interest through a housing authority; and,
WHEREAS, the applicant desires to grant to the AspenlPitkin County Housing
Authority an interest in the affordable housing units subject to the terms and conditions
contained herein; and
WHEREAS, the AspenlPitkin County Housing Authority has consented to
accepting an interest in the affordable housing units on conditions that it be indemnified
and held harmless from any claims, liability, fees or similar charges related to ownership
of an interest in the affordable housing units; and
WHEREAS, during a duly noticed public hearing on August 21, 2001, the
Plarming and Zoning Commission approved Resolution No. 37, Series 2001, by a six to
one (6-1) vote, approving two Lodge Preservation allotments and GMQS Exemption for
lodge preservation and affordable housing, and recommended City Council approve the
Boomerang Lodge Substantial PUD Amendment, Conditional Use for Timeshare, and
Subdivision; and
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Housing Authority, the Community Development Director, the applicable referral agencies,
and has taken and considered public comment at a regular public hearing on October 9,
2001, and approved this Ordinance for Substantial Plarmed Unit Development
Amendment, Conditional Use for Timeshare, and Subdivision, with conditions, by a vote
of three to two (3 -2); and
WHEREAS, the City Council finds that this request for Substantial Plarmed Unit
Development Amendment, Conditional Use for Timeshare, and Subdivision meets or
exceeds all applicable development standards and that the approval of the application, with
conditions, 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 ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Boomerang Lodge, parcel identification of 2735-124-49-002 is approved for the
Substantial Plarmed Unit Development Amendment, Conditional Use for Timeshare, and
Subdivision, with conditions.
Section 2
That the Boomerang Lodge expansion to a real property (namely, Parcel Number 2735-124-
49-002) to include six detached buildings, including four (4) chalets, one (1) cottage, and
one building containing two (2) affordable housing units, four (4) I-bedroom lodge units,
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guest storage, guest common space, lockers, bathrooms, and spa facilities, is approved,
subject to the following conditions:
1. A PUD Agreement shall be recorded within 180 days of the final approval by City
Council and shall include the information required to be included in a PUD
Agreement, pursuant to Section 26.445.070(C) of the Land Use Code. The process to
amend the PUD in the future shall be addressed in the PUD agreement.
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing easements,
encroachment agreements and licenses with reception numbers for physical
improvements and parking spaces within City rights-of-way, and location of utility
pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
3. The Applicant shall submit a 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 at the time of building permit application. 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.
4. The Applicant agrees the construction on the affordable housing units shall begin no
later than 36 months after the completion of the three (3) chalets on the eastern
portion of the lot. If the construction does not begin on the two affordable housing
units within this time frame, the Applicant shall be required to mitigate the
incremental employee generation attributable to whatever is built in the initial phase
by temporarily deed restricting a two-bedroom unit on their Waters Avenue property
(or another two-bedroom unit that satisfies the mitigation requirement pursuant to the
Housing Authority), since the entire development requires housing of just 1.911
employees and a two-bedroom unit provides credit for housing 2.25 employees. More
specifically, temporary mitigation shall be coordinated with the Aspen / Pitkin
County Housing Authority to temporarily deed restrict the two-bedroom unit at 1020
Waters Avenue in a marmer to accommodate the salary level of the Boomerang
Lodge employee needing to be housed in accordance with the Aspen / Pitkin County
Housing Authority. If after 36 months, a second phase of development to include
construction of the on-site affordable housing mitigation is not initiated, the applicant
shall have the option of either converting the temporary deed restriction to a
permanent deed restriction, or paying to the APCHA cash-in-lieu of housing at the
then current rate for the 0.88 of an employee generated by construction of the three
(3) chalets.
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5. The Applicant shall pay the City of Aspen $2.860.58 in school land dedication fees.
Payment shall be made to the City prior to and on a proportional basis to the issuance
of any building permits for the residential dwelling units. [26.610.040(B)]
6. The Applicant shall pay the City of Aspen $25.136.00 in park development impact
fees. The park development impact fee shall be due and payable at the time of
issuance of a building permit for the development. The Community Development
Director shall transfer all funds collected to the Finance Director for deposit in a
separate interest bearing account. Such funds shall only be used for the acquisition of
land for Public Park and recreation purposes, including trails, and for capital
improvements to such newly acquired or existing park and recreation lands. [Section
26.610.040]
7. As a condition specific to the Conditional Use for Timeshare, the Applicant shall
keep the units available to the general public for at least six months of the year on a
short-term basis in keeping with the parameters of the lodge definition.
8. That the Applicant shall include specific information regarding the fractional
ownership / Condominiumization arrangement which specifies that a "share owner
reservation schedule" shall require that all owners are required to reserve their units
by October 1 st for use in the winter and by May 1 ,t for use in the summer. If such
"share owner reservations" have not been made by these dates, the units shall be
available to the general public.
9. The Applicant shall convey an undivided fractional interest (one tenth of 1 %) in the
ownership of the affordable housing units to the AspenlPitkin County Housing
Authority for the purposes of complying with the recent Colorado Supreme Court
Decision regarding rent control legislation. The Applicant may also supply the City
Attorney with an alternative option that is acceptable.
10. The Applicant shall indemnify and hold harmless the AspenlPitkin County Housing
Authority and City of Aspen from any claims, liability, fees or similar charges related
to ownership of an interest in the affordable housing units.
11. The Applicant shall not designate any parking spaces in the 4th street right-of-way
stub for Boomerang Parking.
12. The Applicant shall install a curb, gutter and sidewalk along the property frontage on
Hopkins A venue at the time of development of this project that shall meet the City of
Aspen guidelines.
13. The following dimensional requirements of the Substantial PUD Amendment are
approved and shall be printed on the Amended Final Illustrative Plan:
a. Minimum Lot Size. 15,000 square feet.
b. Minimum Lot Area per dwelling.
c. Maximum Allowable Density.
No requirement
1 lodge or dwelling bedroom per 1,000
square feet ofIot area.
75 feet.
10 feet.
d. Minimum Lot Width.
e. Minimum Front Yard.
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f. Minimum Side Yard.
g. Minimum Rear Yard.
h. Maximum Site Coverage.
i. Maximum Height.
j. Minimum Distance Between Buildings.
k. Minimum Percent Open Space.
I. Trash Access Area.
m. Allowable Floor Area Ratio.
n. Minimum Off-Street Parking.
8 feet.
1 foot.
35 percent.
25 feet.
6 feet.
40 percent.
To be located on the NE corner of
property on 4" and Hopkins Ave.
0.75:1
7 on-site spaces.
Section 3:
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Historic
Preservation Commission, Planning and Zoning Commission, or City Council, are hereby
incorporated in such plan approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
Section 4:
This Ordinance shall not effect 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 5:
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
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council ()1'>the City of Aspen on this 24th day of September, 2001.
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1'~~,.,,~~M,ir.,~i~~oPt~d, passed and approved this 9th Day of October, 2001.
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