HomeMy WebLinkAboutcoa.lu.gm.700 S Galena St.1984HOLLAND & HART
175 NORTH 27TH STREET
BILLINGS, MONTANA 59101
TELEPHONE (406) 252 -2166 February 21, 1984
TELECOPIER (406) 252 -1669
ARTHUR C. DAILY
(303) 92b -3476
Aspen City Council
c/o Aspen /Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Attention: Mr. Richard Grice
WASHINGTON, O. C. OFFICE
1875 EYE STREET. N. W.
SUITE 1200
WASHINGTON, D. C. 20006
TELEPHONE (202) 466 -1340
TELECOPIER (202) 466 -1354
LARAMIE, WYOMING OFFICE
HOLLAND 6 HART 6 KITE
61B GRAND AVENUE
LARAMIE,WYOMING 82070
TELEPHONE (307) 742 -8203
TELECOPIER (307) 792 -7618
Re: 1984 Residential GMP Competition -
Request by 700 South Galena Project
for Multi -Year Allocation
Dear Council Members:
Three highly attractive projects are competing for residential
allocations this year. At its January 17, 1984 meeting, the Aspen
Planning and Zoning Commission scored all of the projects above the
threshold. Together these projects require a total allocation of
only 18 units, which is less than half of the 39 units ordinarily
available each year. As of the January 17
units were in fact available (after taking
deductions), since a 1981 allocation of 8
Place" project appeared to have expired.
the Board of Appeals granted a building pe
City Place, thereby reviving its 8 units a
number of units available this year.
meeting date, exactly 18
into account other quota
units to the "Ute City
Subsequently, however,
rmit extension to Ute
nd reducing to 10 the
The present residential quota, then, is 8 units short of the
total needed to develop the three projects approved for awards by
P &Z on January 17. The P &Z scoring on these projects was extremely
close (only .9 of a point separated first from last), with 700
South Galena being in third place at the present time. We have
filed an appeal with you on behalf of 700 South Galena, which if
allowed will move 700 South Galena into second place in the
ATTORNEYS AT LAW
DENVER, COLORADO OFFICE
555 SEVENTEENTH STREET
600 EAST MAIN STREET
SUITE 2900
ASPEN, COLORADO 81611
DENVER,COLORADO 80202
TELEPHONE (303) 925 -3416
TELEPHONE (303) 575 -8000
TELECOPIER (3031 575 -8261
BILLINGS, MONTANA OFFICE
SUITE 1400
175 NORTH 27TH STREET
BILLINGS, MONTANA 59101
TELEPHONE (406) 252 -2166 February 21, 1984
TELECOPIER (406) 252 -1669
ARTHUR C. DAILY
(303) 92b -3476
Aspen City Council
c/o Aspen /Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Attention: Mr. Richard Grice
WASHINGTON, O. C. OFFICE
1875 EYE STREET. N. W.
SUITE 1200
WASHINGTON, D. C. 20006
TELEPHONE (202) 466 -1340
TELECOPIER (202) 466 -1354
LARAMIE, WYOMING OFFICE
HOLLAND 6 HART 6 KITE
61B GRAND AVENUE
LARAMIE,WYOMING 82070
TELEPHONE (307) 742 -8203
TELECOPIER (307) 792 -7618
Re: 1984 Residential GMP Competition -
Request by 700 South Galena Project
for Multi -Year Allocation
Dear Council Members:
Three highly attractive projects are competing for residential
allocations this year. At its January 17, 1984 meeting, the Aspen
Planning and Zoning Commission scored all of the projects above the
threshold. Together these projects require a total allocation of
only 18 units, which is less than half of the 39 units ordinarily
available each year. As of the January 17
units were in fact available (after taking
deductions), since a 1981 allocation of 8
Place" project appeared to have expired.
the Board of Appeals granted a building pe
City Place, thereby reviving its 8 units a
number of units available this year.
meeting date, exactly 18
into account other quota
units to the "Ute City
Subsequently, however,
rmit extension to Ute
nd reducing to 10 the
The present residential quota, then, is 8 units short of the
total needed to develop the three projects approved for awards by
P &Z on January 17. The P &Z scoring on these projects was extremely
close (only .9 of a point separated first from last), with 700
South Galena being in third place at the present time. We have
filed an appeal with you on behalf of 700 South Galena, which if
allowed will move 700 South Galena into second place in the
HOLLAND & HART
February 21, 1984
Page 2
scoring. Depending upon the outcome of this appeal, the quota
allocations will be as follows:
700 South Galena Appeal Granted
Project
Gordon Property
700 South Galena
Poss Project
700 South Galena Appeal Denied
Project
Gordon Property
Poss Project
700 South Galena
Quota Allocation
3
7 (5 short)
0 (3 short)
Quota Allocation
3
2 (8 short)
We believe the 700 South Galena appeal is meritorious and will
be allowed. In either case, however, 700 South Galena will need a
small allocation from future years in order to proceed with its
development, and if the appeal is granted the Poss Project will
also require a future year allotment. In our view it is in the
best interests of the community that both of these projects be
allowed to proceed. Accordingly, we respectfully request that the
City Council exercise the discretion granted it under Code Section
24- 11.3(a) and authorize the construction of an additional 8 resi-
dential units.
We would submit that the impact of such a decision on the GMP
quota system will be quite small, in that 8 units represents only
one -fifth (1/5) of the quota available for next year alone, and the
Code provides that an excess allotment is to be off -set over the
succeeding five (5) year period. Furthermore, an additional 8
units is within the percentage allowed under the above - mentioned
Code Section. Finally, the 700 South Galena project will not even
be completed until late 1985, and thus will in fact be ready for
occupancy as if it had been awarded units in the 1985 competition.
All three of the projects presented this year seem well quali-
fied, none of them is very large, and it would be somewhat
discouraging if (as appears likely) two of the three had to go
HOLLAND & HART v
February 21, 1984
Page 3
through the costly and time - consuming competitive process again
next year. We would appreciate your serious consideration of the
proposal that, under the circumstances, an additional 8 unit allo-
cation is both justified and appropriate.
Very truly yours,
Arthur C. Daily
for HOLLAND & HART
ATTORNEYS FOR THE
700 South Galena Project
ACD /pal
cc: J. Nicholas McGrath, Jr., Esq.
Doremus & Company
Mr. Robert Callaway
Mr. Alan Novak
MEMORANDUM
TO: Aspen City Council
FROM: Richard Grice, Planning Office
RE: City Residential GMP Applications - Appeal and Allocation
DATE: February 27, 1984
INTRODUCTION
The purpose of this memorandum is fourfold, including the following
issues:
1. Forwarding of P &Z's recommended scores for the 1983 residential
GMP competition;
2. Analysis of thresholds and eligibility requirements for receipt
of an allocation;
3. Review of an appeal of the scoring of one of the applications;
and
4. Consideration of excess allotments.
APPLICANT'S REQUESTS
At the January 17, 1984 regular meeting of the Aspen Planning and Zoning
Commission, three projects were evaluated in the 1984 Residential Growth
Management competition. Each project was presented and discussed, public
comment was heard, and scoring was accomplished individually by each
commission member. The three projects are summarized as follows:
1. E. Hopkins Professional 3 free market units, 3 employee units
Townhome Complex
2. Gordon Property PUD 3 free market units, 3 employee units
3. 700 S. Galena 12 free market units, 9 employee units
18 free market units, 15 employee units
QUOTA AVAILABLE
The tabluation of residential quota available for allocation this year
(based on construction of units as of January 1, 1984) is as follows:
1. On April 25, 1983, the Aspen City Council adopted Resolution No. 8,
Series of 1983. This Resolution had the affect of not carrying over
the 119 residential development allotments which remained as unal-
located from prior years. Therefore, the City began 1983 with its
standard quota of 39 units being available.
2. During 1983, building permits were issued for 29 new residential
units. Included within this total were 18 new employee units (17 at
Smuggler Run, 1 at Pitkin Reserve) and 11 new free market units.
Therefore, 10 units remain available for allocation under the cur-
rent competition.
Since applicants only compete for free market units, the request before
you is for 18 units to be allocated (although the 15 employee units would
be deducted from the quota at the time a permit is received for their
construction).
THRESHOLDS AND ELIGIBILITY
To be eligible for an allocation, a project is required to score a
minimum of 43.8 points -- 60 percent of the total points available under
Categories 1 (Public Facilities and Services), 2 (Quality of Design), 3
MEMO: City Residential GMP Applications
Appeal and Al ration
February 27, 1984
Page Two
(Proximity to Support Services) and 4 (Employee Housing). A minimum of
30 percent of the points available in each of the above four categories
is also required for a project to meet the basic competitive requirements.
Two additional categories are scored, these being Category 5 (Provision
for Unique Financing) and Category 6 (Bonus Points). Neither of these
categories may be used to bring an application over the minimum thres-
holds, but can affect the final ranking of the applications for the
purposes of awarding allotments.
The scoring by the Planning and Zoning Commission was as follows:
East Hopkins Professional Townhome Complex
1. Public Facilities and Services
2. Quality of Design
3. Proximity to Support Services
4. Employee Housing
Subtotal
5. Provision for Unique Financing
6. Bonus Points
TOTAL
Gordon Property PUD
Average
7.17
11.58
6.0
20.0
44.75
-0-
1.78
46.53
1. Public Facilities and Services 10.08
2. Quality of Design 13.83
3. Proximity to Support Services 3.0
4. Employee Housing 20.0
Subtotal 46.91
5. Provision for Unique Financing -0-
6. Bonus Points 0.5
TOTAL 47.41
700 S. Galena
1. Public Facilities and Services 10.83
2. Quality of Design 12.83
3. Proximity to Support Services 6.0
4. Employee Housing 15.67
Subtotal 45.33
5. Provision for Unique Financing -0-
6. Bonus Points 1.17
TOTAL 46.50
Since all three projects were awarded points in Categories 1 - 4 in
excess of 43.8, all three projects have met the eligibility requirements
for allocations.
i:Ii]Wii
The scoring of the 700 S. Galena project has been appealed by Art Daily,
Attorney for the Aspen Mountain Lodge ( "Applicant "). The appeal is filed
under Section 24- 11.6(e) of the Municipal Code which provides for appeals
based upon either "denial of due process or abuse of discretion by the
commission in its scoring." This appeal alleges abuse of discretion by
two individual commission members, David White and Roger Hunt.
David White awarded 14 points for the Applicants' employee housing pro-
posal when the criteria established by Section 24- 11.6(e) called for the
MEMO: City Residential GMP Applications
Appeal and A` vocation
February 27, 1984
Page Three
award of 16 points. When contacted for explanation of his rationale,
David explained that he was dissatisfied with what he perceived as an
unfair advantage which the applicant had over the other projects since
the employee housing portion of the project was located off -site.
Since the applicable criteria do not distinguish between on -site and and
off -site housing, the Planning Office agrees that the award of only 14
points was an abuse of discretion. We recommend that the Council adjust
the point scores accordingly.
Both David White and Roger Hunt awarded 1.5 points to the applicant in
the subcategories of sewer service and storm drainage. The criteria
established in Section 24- 11.4(b)(1) for these subcategories reads as
follows:
"l Point - Project may be handled by existing level of service
in the area, or any service improvements by the
applicant benefits the project only and not the area
in general."
"2 Points - Project in and of itself improves the quality of
service in a given area."
The City Engineering Department reviewed the application and testified
that in their opinion improvements to sewer services and storm drainage
facilities proposed by the Aspen Mountain PUD would improve the quality
of service in the area beyond that level required to serve the develop-
ment.
The Applicants' 700 S. Galena project is an inseparable part of the Aspen
Mountain PUD. This point was clarified in writing by the Applicants
prior to the P &Z's scoring of the application.
When contacted for explanation of rationale of these two scores, David
indicated that the scores related to his dissatisfaction with the off -
site location of the employee housing. He wanted to reduce the score in
some way to reflect this dissatisfaction and he chose sewer service and
storm drainage.
Roger Hunt explained that he considered the Applicants' argument that 700
S. Galena was a part of the Aspen Mountain PUD and the neighborhood
improvements were attributable to both parts of the project to be parti-
ally invalid and he decided that he bought that argument only halfway and
therefore awarded only half of the point.
The Planning Office has considered these arguments and concluded that the
arguments are broader than permissible under the established criteria
resulting in an abuse of discretion. Therefore, we recommend that the
Council adjust the scores accordingly.
The following is the adjusted score which we recommend for the 700 S.
Galena project:
700 S. Galena
1. Public Facilities and Services
2. Quality of Design
3. Proximity to Support Services
4. Employee Housing
Subtotal
5. Provision for Unique Financing
6. Bonus Points
TOTAL
Average
11.17
12.83
6.0
_ 16.0
46.0
-0-
1.17
47.17
If the Council accepts either of the Applicants' appeal issues, a) em-
ployee housing, or b) sewer service /storm drainage, the "adjusted" rank-
ing of the three projects will be re- established as follows:
MEMO: City Residential GMP Applications
Appeal and F 'ocation
February 27, 1984
Page Four
Points
1. Gordon Property PUD 3 free market units 47.41
2. 700 S. Galena 12 free market units 47.17
3. E. Hopkins Professional
Townhome Complex 3 free market units 46.53
At this point the Council has two choices under the provisions of the
City Code:
A. Award the 10 units of quota available to the applicants in the
order of ranking. This would mean Gordon Property PUD receives
an allotment for three (3) units, and 700 S. Galena, seven (7)
units; or
B. Section 24- 11.3(a) permits the Council to award development
allotments in any given year in excess of the quota established
by as much as 20 %, eight (8) additional units may be awarded.
Such excess would subsequently be off -set by a reduction in the
quota available in successive years.
Therefore, if Council so chooses it may approve all three
projects since it happens that the total number of free market
units requested is eighteen (18).
EXCESS ALLOTMENT ISSUE
We have only received a formal request for excess allotment from both the
700 S. Galena and the East Hopkins Professional Townhome projects.
Since the Code provides a vehicle to permit Council to approve all three
projects, we would like to make the following points:
1. There is limited quota available this year (10) relative to the
quota established (39).
2. Actual growth over the last two years has only totalled 39
units, including the 17 units in Smuggler Run Mobile Home Park.
3. We do not consider the 119 unit total which was not carried
forward from 5 previous years to be a significant factor since
that total resulted from the fact that previously employee
housing was not deducted from the quota. Therefore, had cur-
rent policy been in effect during the prior years, no excess
units would have been available for carry over.
4. Consideration should be given to the merits of the two in-
dividual projects.
a. Approval of full quota for 700 S. Galena project would
facilitate the ultimate development of the Aspen Mountain
PUD which has its own growth consequences.
b. Approval of full quota for the East Hopkins Professional
Townhome Project would finally accommodate the unique
professional office /residential use which Bill Poss has
been working toward in three previous GMP competitions.
In each competition, the threshold point score was reached.
Currently, the quota for the three free market units in-
volved in this competition is the final allocation neces-
sary for the project.
5. This year's competition was exceptionally close. If you accept
the Planning office's "adjusted" ranking, there is only 0.88
points difference between the three projects.
6. If the lodge is approved, it will take several years of future
quota thereby reducing that available for small projects such
as the East Hopkins Professional Townhome project.
7. The Planning and Zoning Commission, at their regular meeting on
February 21, 1984, considered and aqreed with the above six
MEMO: City ResideVz ial GMP Applications
Appeal and _,,,,, ocation
February 27, 1984
Page Five
points. They felt that all three projects were quality projects.
They recommended eight (8) units of quota be subtracted from the
coming year's allotment and awarded as needed to 700 S. Galena and
the East Hopkins project. They further recommended that such excess
allotment be contingent upon complete submittal for Building Permits
no later than August 1, 1985 by these two projects (i.e., four
months short of the Code provision of 2 years to obtain a permit).
PLANNING OFFICE RECOMMENDATION
The Planning Office recommends that you take the following action:
1. "Move to approve the appeal of scores awarded by the P &Z in the
Categories of Employee Housing, Storm Drainage and Sewer
Service for the 700 S. Galena Project."
2. "Move to direct the Planning Office to draft a resolution
awarding three units to the Gordon Property PUD and seven units
to 700 S. Galena."
3. "Move to direct the Planning Office to draft a resolution
awarding eight units of excess allotment from next year's quota
as follows:
a. 5 units to 700 S. Galena; and
b. 3 units to East Hopkins Professional Townhome Project.
Such excess allotment shall be contingent upon complete sub-
mittal for Building Permits no later than August 1, 1985, and
reduction of the 1984 quota to 31 units."
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: 1984 Residential GMP Applications
DATE: January 17, 1984
Introduction
Attached for your review are project profiles for three residential
GMP applications submitted on December 1st of last year and the
Planning Office's recommended points for each application. The three
applications under consideration are as follows:
1. East Hopkins Professional Townhome Complex
2. Gordon Property PUD
3. 700 S. Galena
Quota Available
The tabulation of residential quota available for allocation this
year (based on construction of units and expiration of projects as of
January 1, 1984) is as follows:
1. On April 25, 1983, the Aspen City Council adopted Resolu-
tion No. 8, Series of 1983. This Resolution had the effect
of not carrying over the 119 residential development allot-
ments which remained as unallocated from prior years.
Therefore, the City began 1983 with its standard quota of
39 units being available.
2. During 1983, building permits were issued for 29 new resi-
dential units. Included within this total were 18 new
employee units (17 at Smuggler Run, 1 at Pitkin Reserve)
and 11 new free market units. Therefore, 10 units remain
available for allocation under the current competition.
3. During 1983, the 8 free market units awarded to the Ute
City Plact project expired. These 8 units should also be
available for allocation this year, making a total of 18
units available. However, the applicant is currently
disputing the expiration, asking Council to extend the time
deadline for the project. Until such time as this matter
has been resolved, the status of these units for allocation
purposes will be clouded.
4. The summation of the quota calculation for this year's
competition is:
Annual Quota 39 units
Construction During 1983 (29) units
Expired as of 1/1/84 (8) ?
Quota available as of 1/1/84 10 or 18 units
The total quota request for this year is as follows:
1. East Hopkins Professional
Townhome Complex
2. Gordon Property PUD
3. 700 S. Galena
3 free market units, 3 employee
3 free market units, 3 employee
12 free market units, 9 employee
18 free market units, 15 employee
I \ / 'Y
1984 Residential GN. Applications
January 17, 1984
Page Two
Process
The Planning Office will make a brief presentation to you on January
17 to explain the GMP procedures and to provide you with a suggested
assignment of points to each application. Next, each of the appli-
cants should be given about 15 minutes to present their proposal to
you. It is important during the applicant's presentations that you
limit their remarks only to description of the project as it has been
submitted to the Planning Office, along with any technical-clarifica-
tions which you or the staff may request.
A public hearing will be held to allow interested citizens to comment.
At the close of the hearing each commission member will be asked to
score the applicants' proposals.
The total number of points awarded by all members, divided by the
number of members voting will constitute the total points awarded to
the project. A project must score a minimum of 60 percent of the
total points available under categories 1, 2, 3 and 4, amounting to
43.8 points, and a minimum of 30 percent of the points available in
each category 1, 2, 3 and 4 to meet the basic competitive require-
ments. The minimum points are as follows:
Category
1
= 3.6 points
Category
2
= 4.5 points
Category
3
= 1.8 points
Category
4
= 12 points
Applications which score below these thresholds will no longer be
considered for a development allotment and the application will be
considered denied. Bonus points cannot be used to bring an applica-
tion over this minimum threshold, but can affect the final ranking of
the applications for the purposes of awarding the allotments.
All of the projects, should they receive a development allotment,
will require additional review procedures. Specifically, the addi-
tional reviews required for each project are as follows:
East Hopkins Professional - Subdivision exemption to
Townhome Complex condominiumize the space
and thereby assure the
accessory status of the resi-
dential space and to allow
the construction of multi-
family housing
GMP exemption for employee
units
Exemption from parking re-
quirements
Gordon Property PUD - Full PUD /subdivision GMP
exemption for employee units
700 S. Galena - Condominiumization
GMP exemption for employee
units
Full PUD /subdivision
Prior to the issuance of any building permits, each of these procedures
must be accomplished by those applicants which receive development
allotments as a result of this process.
It should be noted that in the case of the 700 S. Galena project, the
level of development proposed exceeds the L -2 zoning requirements for
the 21,600 s.f. site and may only be permitted as part of the 514,078
1984 Residential GAS�Applications
January 17, 1984
Page 'Three
s.f. Aspen Mountain PUD. Twelve (12) units with twenty -four (24)
bedrooms and a total adjusted floor area of 21,073 s.f. are proposed
for this site as a part of the Aspen Mountain PUD. However, if the
multi - family development plans were based solely on the 21,600 s.f.
site, Section 24- 3.7(k) would permit no more than one bedroom per one
thousand square feet (1000 s.f.) of land area, or 21 bedrooms.
In the event 700 S. Galena is awarded an allocation and subsequently
the Aspen Mountain PUD is not approved, the development plan would
have to be amended by reducing the number of bedrooms. Such a re-
duction cannot be permitted at this point because it is more than
just a technical clarification since it would have the effect of
raising the project score for 700 S. Galena in this competition. Any
reduction in free market bedrooms would increase the percent of the
total development devoted to employee housing.
Planning Office Ratings
The Planning Office has assigned points to each of the applications
as a recommendation for you to consider. The majority of the staff
assessed the ratings of the reviewing planners and objectively scored
each proposal. The following table is a summary of the Planning
Office analysis and ratings of the three projects. A more complete
explanation of the points assignment for each criterion is shown on
the attached score sheets, including rationales for the ratings.
All three projects meet the minimum thresholds within categories 1,
2, 3 and 4, that being 30 percent of the possible points in each
category. The East Hopkins Professional Townhome Complex and the
Gordon Property PUD also meet the requirement of 60 percent of the
total points available in the sum of categories 1, 2, 3 and 4, which
is 43.8 points, the planning staff awarded these projects 44 and 47
points, respectively. However, only 43 points were awarded to the
700 S. Galena project.
Planninq Office Recommendation
In recognition of the fact that the quota available is limited and in
dispute, the issue will be decided by Council and since Council has
reserved the right to allocate quota in any event, we do not recom-
mend that you deal with the allocation issue, bonuses or future
allocations at thie time. Your recommended scores will speak for
themselves.
Based on the analysis contained within the attached score sheets, the
- Planning Office has the following recommendation:
Gordon Property PUD: We recommend that you concur with our
point assignments.and approve the project.
East Hopkins Professional Townhome Complex: We recommend that
you concur with our point assignments and approve the project.
700 S. Galena: If you concur with the points recommended by the
Planning Office, the project falls short of the 60 percent
threshold required and must be denied.
Proximity to
Provisions
Public
Facilities
Quality
Support
Employee for Unique Bonus
Total
Application and Services
of Design
Services
Housing Financing Pts.
Points
E. Hopkins
7
11
6
20 - -
44
Professional
Townhome Complex
Gordon Property,
10
14
3
20 - -
47
P.U.D.
700 S. Galena
8
13
6
16 - -
43
All three projects meet the minimum thresholds within categories 1,
2, 3 and 4, that being 30 percent of the possible points in each
category. The East Hopkins Professional Townhome Complex and the
Gordon Property PUD also meet the requirement of 60 percent of the
total points available in the sum of categories 1, 2, 3 and 4, which
is 43.8 points, the planning staff awarded these projects 44 and 47
points, respectively. However, only 43 points were awarded to the
700 S. Galena project.
Planninq Office Recommendation
In recognition of the fact that the quota available is limited and in
dispute, the issue will be decided by Council and since Council has
reserved the right to allocate quota in any event, we do not recom-
mend that you deal with the allocation issue, bonuses or future
allocations at thie time. Your recommended scores will speak for
themselves.
Based on the analysis contained within the attached score sheets, the
- Planning Office has the following recommendation:
Gordon Property PUD: We recommend that you concur with our
point assignments.and approve the project.
East Hopkins Professional Townhome Complex: We recommend that
you concur with our point assignments and approve the project.
700 S. Galena: If you concur with the points recommended by the
Planning Office, the project falls short of the 60 percent
threshold required and must be denied.
R'
APPEAL OF 1984 RESIDENTIAL GMP SCORING
TO: Aspen City Council
FROM: Arthur C. Daily, Attorney for the Aspen Mountain
Lodge ( "Applicant ")
DATE: January 31, 1984
RE: Abuse of discretion by Planning and Zoning Commission
( "P &Z ") in its scoring of Applicant's 700 South
Galena project in the 1984 Residential GMP
Competition held on January 17, 1984
EXHIBITS: A. P &Z Residential GMP Points Allocation Tally Sheet.
B. Planning Office (Richard Grice) Memorandum
to P &Z dated January 17, 1984.
C. Applicant's "1983 Residential GMP Submission"
dated November 30, 1983, comprised of 124 pages
of text and Appendices A -E.
D. Joseph Well's Letter of Clarification to Sunny
Vann dated January 17, 1984.
1. Statement of Appeal. Pursuant to Section 24- 11.6(e)
of the Municipal Code, Applicant hereby challenges and appeals to
the Aspen City Council the 46.5 total score awarded to Applicant's
700 South Galena project by P &Z on January 17, 1984. As grounds
therefor, Applicant argues that the P &Z (or one or more of its mem-
bers) abused its discretion in scoring said project in several
categories by improperly applying the Code criteria which pertain
to such categories.
2. Specific Abuses:
(a) Employee Housing Scoring: The criteria
contained in Code Section 24- 11.4(b)(4), when applied to Appli-
cant's employee housing proposal, result in a minimum award of 16
points. One Commission member (David White) awarded only 14 points
in this category, on the grounds that the proposed housing is off -
site. The applicable criteria do not distinguish between on -site
and off -site housing, and individual P &Z members are not given the
freedom to make such arbitrary distinctions. Instead, the above -
cited Code Section states that points shall be assigned according
to the described formula. In other words, P &Z has no discretion in
awarding points in this category. The Applicant qualified for a
minimum of 16 points and Council is hereby requested to increase
Mr. White's score in this category from 14 to 16 points and to
adjust the resulting P &Z subtotal in the Employee Housing category
accordingly. Please note that the Planning Office Memo, and all
other Commission members, correctly applied the Code housing
formula and awarded 16 points in this category.
(b) Public Facilities and Services Scoring. Code
Section 24- 11.4(b)(1) states that the P &Z shall score a project in
this category according to the following formula:
"l Point - Project may be handled by
existing level of service in the area,
or any service improvement by the
applicant benefits the project only
and not the area in general ".
"2 Points - Project in and of itself
improves the quality of service in a
given area ".
And then each of six (6) services
(water, sewer, storm drainage, fire
protection, parking design, roads)
must be scored pursuant to this formula,
with a maximum of two (2) points
available for each service.
The Applicant's 700 South Galena project is directly
linked to and is an integral part of its overall Aspen Mountain
PUD, and the P &Z's scoring in the "Services" category must be based
on the Applicant's commitments to upgrade the sewer and storm
drainage systems in the neighborhood (in the words of the Code, "in
a given area "). and yet two Commission members (Roger Hunt and
David White) each awarded only 1.5 points to Applicant in the sewer
service and storm drainage subcategories, while all other Commis-
sion members awarded the proper 2 points. Since the Applicant's
proposed improvements to the sewer and storm drainage systems will
in fact "improve the quality of service in the given area ", the
Applicant has clearly earned the maximum 2 point score in each of
such subcategories. Here again, the Code language allows P &Z no
discretion in awarding points in these areas -- if the Applicant
has met the Code criterion, it must be awarded the full 2 points.
Council is therefore requested to increase Mr. Hunt's and
Mr. white's scores in these two (2) subcategories from 1.5 points
to 2 points, respectively, and to adjust the resulting P &Z subtotal
in the Public Facilities and Services category accordingly.
3. Conclusion: In some GMP scoring categories discre-
tion is clearly allowed. In others it is not. The essence of
Applicant's challenge is that the P &Z exercised discretion in its
scoring in two categories in which the Code specifically prohibits
the use of discretion. This constitutes an abuse of discretion by
the P &Z, and represents the very reason the Code empowers Council
to review and amend P &Z GMP scoring. Council is therefore
requested to amend the Applicant's total score to reflect the two
(2) subtotal scoring adjustments discussed above.
-2-
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1
RONALD D. AUSTIN
J. NICHOLAS MCGRATH,JR.
WILLIAM R. JORDAN III
GRAY A. YOUNG
FREDERICK F. PEIRCE
4 r
LAW OFFICES
AUSTIN MCGRATH & JORDAN
600 EAST HOPKINS AVENUE
SUITE 205
ASPEN, COLORADO 81611
February 16, 1984
Aspen City Council
City of Aspen
c/o Aspen /Pitkin County Planning Office
ATTN: Mr. Alan Richman
530 S. Galena St.
Aspen, CO 81611
AREA CODE 303
TELEPHONE 925 -2600
A"PEN riI KIN CC)
PLrt.NNII G JF: i' E
Re: Poss GMP /Ute City Place Extension /Lodge GMP,
Appeal
Ladies and Gentlemen:
We represent Bill and Jayne Poss, who have finished
second in the growth management allocation scoring for
residential proposals for the current year. Because of an
appeal by 700 South Galena (Aspen Mt. Lodge) the Posses are
in danger of being moved from second in scoring to third, and
with the twelve units sought by 700 South Galena (Aspen Mt.
Lodge), the Posses would be in danger of not getting their
allocation of three units, which would scuttle their whole
project, which previously received a commercial allocation.
Our purpose in writing is to suggest several
approaches that would result in the Posses obtaining the
allocations that they otherwise appear to have obtained, so
that they may proceed with their relatively small project.
Part of this is to request that City Council
formally consider, pursuant to Section 24- 11.3(a), allocating
eight units from future years' allocations to this year so
that the Posses may be able to complete their project.
The Posses' project involves three offices, three
free market residential units, and six employee units on
three vacant lots in the C -1 zone on East Hopkins across from
my office building. The Posses intend to reside in one unit
and have their office in a commercial unit, and to have the
other two free market units similarly serve local residents
who would reside in a residential unit, and have an office in
the corresponding commercial unit. Six employees will also
be housed on site - -so there is a 2 -1, employee -to -free
market, housing ratio.
v.ar
AUSTIN MCGRATH & JORDAN
Aspen City Council
February 16, 1984
Page 2
The Posses have had several applications, all of
which so far have been approved. Their application was the
first mixed -use application under the GMP, which under the
present code required that they compete at different times
for commercial and residential allocations. They have
received all necessary approvals and allocations to date and
the sole remaining item is the allocation for the three free
market residential units in the current competition. Absent
an allocation granted to another in 1981 (arguably expired) ,
for this year's competition there are only 10 rather than the
normal 39 units available.
The competition was close this year between the
Poss project (East Hopkins Professional Townhome Complex) for
three units, the Gordon property for three free market units
and 700 South Galena (Aspen Mt. Lodge) for twelve free market
units. Gordon finished first in the competition and thus
would receive its allocation of three free market units. If
700 South Galena's appeal is allowed, and we believe that
will be discussed at your meeting of February 27, it would
then finish in second by about .5 of a point, and would
thereafter presumably have to seek your discretionary
exercise of future allocations, since there would not be
available an allocation from this year sufficient for its
twelve units.
If The Posses finish number two and the appeal is
disallowed, there is sufficient allocation for their three
units. But, assuming that the 700 South Galena (Aspen Mt.
Lodge) appeal is allowed and they finish second in the
scoring, the Posses we formally request that you grant an
additional eight units, which is within your discretion and
within the percentage allowed under Section 24 -11.3a of the
Code, so that each of the three projects can be completed.
While we are arguing really only for Bill and Jayne Poss,
presumably Aspen Mt. Lodge has to seek similar relief. The
competition this year for the residential spaces was
particularly close and all three of the projects clearly met
the threshold. Current scoring is Gordon, 47.4; Poss (East
Hopkins Professional Townhome Project), 46.8; and 700 South
Galena, 46.5. Even if 700 South Galena's appeal is allowed,
the projects will be very close -- within .6 of a point.
The argument in favor of granting the units from
future years is, of course, addressed to your discretion.
Bill and Jayne have been working on this small project that
AUSTIN McGRATH & .JORDAN
Aspen City Council
February 16, 1984
Page 3
w�
would assist them to carry on Bill's architectural practice
in Aspen and to reside and remain in Aspen for some time.
They have a great deal of costs and fees involved in the
project. They believe it is a desirable project from the
City's standpoint as well as their own. It involves a unique
combination of residential and office use, combined in the
C -1 district, not only to provide some employee housing, but
to provide their own residence as well. Since the project
has received City approvals before, those approvals and the
ongoing nature of the project have necessitated additional
expenditures. To lose the project by losing an allocation at
this late point in time when they otherwise clearly meet the
threshold would be extremely unfortunate for them.
It is important to note, from the standpoint of
your discretion, that this year's allocation is small - -only
10 units instead of the normal 39 because of other deductions
from the quota.
It is also our position that there are eight
additional units available for your discretionary awarding
pursuant to Section 24 -11.7 of the Code. Ute City Place,
which received an allocation of eight residential units in
1981, failed to obtain a building permit within the two year
period required by that section. Recently Ute City Place
tabled their extension application under that section before
City Council and sought an extension of their building permit
from the Board of Appeals, which was granted. In our view,
however, only City Council may grant a GMP extension.
Section 24 -11.7 specifically states that "the failure to
obtain a building permit within a two Year time PBrio on the
eeU—restricte portion of the project will cause a of the
allotments, both the deed restricted and non -deed restricted,
to automatically ex ire" (emphasis added). There is some
indication tat administratively the planning office and
building department reads a failure to obtain a building
permit as not encompassing a situation where an applicant
has filed appropriate papers for a building permit but a
permit was not issued within the applicable time. Whether
that is the situation or not with regard to Ute City Place is
in some dispute. In any event, it appears to us that under
your code the allocations for those eight units has expired
and therefore, rather than granting units from the future,
you could discretionarily rule that there are eighteen units
available this year since Ute City Place's allocation has
expired.
AUSTIN Mc GRATH & JORDAN
Aspen City Council
February 16, 1984
Page 4
r^y
It is somewhat hard to make an argument based upon
opposing someone else's allocation, such as is the case with
regard to Ute City Place. We would rather not see, all
things being equal, them lose their allocation if indeed they
have proceeded apace. On the other hand, we would also like
to see all three of the applicants who finish above the
threshold within tenths of points of each other get their
allocations. We hope you appreciate that the detailed and
overlapping nature of the various City requirements means
sometimes that taking food out of one mouth enables another
to live. But of course, we'd rather that there be enough
food for all.
In any event, our specific request is that if the
Aspen Lodge appeal is allowed and the Posses are changed from
second position to third position, that the City allocate,
pursuant to Section 24- 11.3(a), eight additional units from
the future use quota to be offset within the next five years
as provided in the Code, so that the Posses may complete
their project.
Thank you very much for your consideration.
Sincerely,
AUSTIN, McGRATH & JORDAN
By
J. Nicnolas mcurath, Jr.
JNMjr:lns
CC: Mr. Joe Wells
(700 South Galena, Aspen Mt. Lodge)
John D. LaSalle, Esq.
(Attorney for Ute City Place)
PROJECT PROFILE -
1983 RESIDENTIAL GROWTH MANAGEMENT PLAN SUBMISSION
American Century Corporation, Community Savings Association, Alan
1. Applicant: R. Novak_ and Robert Callaway (John Doremus and Joe Wells)
2. Project Name: 700 S. Galena /Aspen Mountain PUD
3. Location: 700 S. Ga
4. Parcel Size: 21,600 s.f.
5. Current Zoning:
6. Maximum Allowable Buildout: Contingent upon approval of the Aspen Mountain
PUD, otherwise, 21,600 sq. ft. At a 1:1 FAR with a total of 21 bedrooms.
7. Existing Structures:
8. Development Program: 12 unrestricted units in a 21,073 s.f. multi - family
structure with 24 bedrooms.
9 two bedroom low- income restricted housing units are provided off -site.
9. Additional Review Requirements: Conceptual PUD /subd ivi sionj Exemption from
GMP for employee units Condominiumization.
10. Miscellaneous:
Project
PLANNING AND ZONING COMMISSION EVALUATION
700 S. Galena
RESIDENTIAL PROPOSALS
1. Public Facilities and Services (maximum of 12 points).
Date: January 17, 1984
The Commission shall consider each application with respect to its impact
upon public facilities and services and shall rate each development according
to the following formula:
0 -- Project requires the provision of new services at increased public
expense.
1 -- Project may be handled by existing level of service in the area, or any
service improvement by the applicant benefits the project only and not
the area in general.
2 -- Project in and of itself improves the quality of service in a given area.
a. Water Service (maximum 2 points).
Consideration of the capacity of the water supply system to provide for
the heeds of the proposed development and, if a public system, its ability
to supply water to the development without system extensions beyond those
normally installed by the developer, and without treatment plant or other
facility upgrading.
Rating I
Comment: Applicant` indicates that if the Aonp_n Mountain Lodge ig not built,
the 12" water main and new fire hydrants for Galena G rppt will not hn installed.
Therefore, this project will not result in imorovempntg for the service area.
The water system is adequate.
b. Sewer Service (maximuti 2 points).
Consideration of the capacity of the sanitary sewers to dispose of the
wastes of the proposed development and, if a public sewage disposal
system is to be used. the capacity of the system to service the develop-
ment without system extensions beyond those normally installed by the
developer, and without treatment plant or other facility upgrading.
Rating 1
IComment: Applicant indicates that if the Aspen Mountain Lodge is not built,
there will be no sewer system improvements. The existing system is adequate
to serve this project.
c. Storm Drainage (maximum 2 points).
Consideration of the capacity of the drainage facilities to adequately
dispose of the surface runoff of the proposed development without system
extensions beyond those normally installed by the developer.
Rating 1
Comment: Applicant indicates that no additional storm sewers will be in-
stalled without the Lodge project. Sewers currently in the area are adequate.
1'a(c 1 wo
Residential GMI' SCoriny
d. Fire Protection (maximum 2 points).
Consideration of the ability of the fire department of the appropriate
fire protection district to provide fire protection according to the
established response standards of the appropriate district without the
necessity of establishing a new station or requiring addition of major-
equipment to an existing station.
Rating _2_
Comment: Applicant indicates improvements to service area which would occur
without the Lodge development would be limited to an additional fire
hydrant.
e. Parking Design (maximum 2 points).
Consideration of the provision of an adequate number of off - street
parking spaces to meet the requirements of the proposed development and
considering the design of said spaces with respect to visual impact,
amount of paved surface, convenience and safety.
Rating 2
Comment:
24
spaces
(one
ner
bedroom] are required by the
erode. 40
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nd
spaces
will
be
provided,__
f. Roads (maximum 2 points).
Consideration of the capacity of major street linkages to provide for
the needs of the proposed development without substantially altering
existing traffic patterns or overloading the existing street system
or the necessity of providing increased road mileage and /or maintenance.
Rating —1_
Comment: The road sys;pm s_
- .i=_ adeSiuAte 7a9 handl � ion�l traff'
wi thont al rye t�df flC_PattE rllS�,_.slddj, StYPPt mi1Pa
mainfPnannP, An
„nreaulated pa k!rg_10>~._and. a._slumbeLDf Cttrb rifts will he eliminated thereby
reducing traffic conflicts.
Subtotal g
2. Quality of Design (maximum 15 points).
The Commission shall consider each application with respect to the site
design and amenities of each project and shall rate each development by
assigning points according to the following formula:
0 -- Indicates a totally deficient design.
1 -- Indicates a major design flaw.
2 -- Indicates an acceptable (but standard) design
3 -- Indicates an excellent design
a. Neighborhood Compatibility (maximum 3 points).
Consideration of the compatibility of the proposed building (in terms of
size, height and location) with existing neighboring developments.
Rating 2
Comment: The massing, articulation of units, and materials create a desirable
transition between the proposed hotel and high quality residential units to
the southeast. The scale is compatible with other units in the area.
Page Three
Residential GMP Scoring
b. Site Gesiyn (maxinwoi 3 points).
Consideration of the quality and character of the proposed landscaping
and open space areas, the extent of undergrounding of utilities, and the
arrangement of improvements for efficiency of circulation and increased
safety and privacy.
Rating 3
Comment:. With parki_p undez.ground, 40% of the site will be extensively
landscaped and fenced with wrought -iron and stone creating a high quality
image. Also, the_anplicant has committed to particiopating in streetscape
improvements via the Lodge Improvement District.
c. Energy (maximum 3 points).
Consideration of the use of insulation, passive solar orientation, solar
energy devices, efficient fireplaces and heating and cooling devices to
maximize conservation of energy and use of solar energy sources.
Rating _2
Comment: solar orientation_is maximized h a ina w'11 be asgicf -pri by in-
sulation exceeding co de-requirements and state -of= the- ar�"in____;mnM__ece�cy
input technology_ However, a MqYi�O_Us�rgd ect P_r4gesed_for this sitp found
thdre to be insufficient solar gain.
u. Trails (maximum 3 points).
Consideration of the provision of pedestrian and bicycle ways and the
provisions of links to existing parks and trail systems, whenever
feasible.
Rating 3
Comment: Theft wilt be diz ttv finked? to a m_� __ycle
_—�� Z or_padtp c�ri a. h.
t,'ail_ which_ circles_ the_ 790 Galana_project_
e. Green Space (maximum 3 points).
Consideration of the provision of vegetated, open space on the project
site itself which is usable by the residents of the project and offers
relief from the density of the building and surrounding developments.
Rating 3
Comment: Code requirements for open space are exceeded by 158.
Subtotal 13
3. Proximity to Support Services (maximum 6 points).
The Commission shall consider each application with respect to its proximity
to public transportation and community commercial locations and shall rate
each development by assigning points according to the following formula:
a. Public Transportation (maximum 3 points).
1 -- Project is located further than six blocks walking distance from
an existing city or county bus route.
2 -- Project is located within six blocks walking distance of an existing
city or county bus route.
3 -- Project is located within two blocks walking distance of an
existing city or county bus route.
Rating 3
r®
Page Four
Residential GMP Scoring
b. Community Commercial Facilities (maximum 3 points).
The Planning Office shall make available a map depicting the commercial
facilities in town to permit the evaluation of the distance of the
project from these areas.
1 -- Project is located further than six blocks walking distance from
the commercial facilities in town.
2 -- Project is located within six blocks walking distance of the commer-
cial facilities in town.
3 -- Project is located within two blocks walking distance of the commer-
cial facilities in town.
For purposes of this section, one block shall be equivalent to two
hundred fifty (250) feet in linear distance.
Rating 3
Subtotal 6
4. Employee Housing (maximum 40 {,oints).
For purposes of this section, one (1) percent of the total development
shall be based solely on the ratio of the number of deed restricted bedrooms
in the project to the total number of bedrooms in the project, provided,
however, that the floor area of the deed restricted space in the development
must equal at least fifty (50) percent of the floor area of the non -deed re-
stricted portion of the project. For the purpose of this section, a studio
shall be considered a three - quarter (3/4) bedroom.
a. Low Income (2 points for each 5 percent).
Rating 16
Comment: 18 low inc,6me- Lrooms and 24 non - restricted bedrooms. 18 _ 42 (total)
0.428. The floor area of the employee units is 10,710 s.f. or 508 of the
21,073 s.f. of the South Galena project.
b. Moderate Income (2 points for each 10 percent).
Rating
Comment:
c. Middle Income (2 points for each 15 percent).
Rating
Comment:
Subtotal 16
l 5. Provisions for Unique Financing (maximum 10 points).
Rating 0
Comment: No unique financing was proposed.
Page Five
Residential GMP Scoring
6. Bonus Points (maximum 7 points).
Comment:
Points in Categories 1, 2, 3 and 4
(The threshold is 43.8 points)
Points in Categories 5 and 6
TOTAL POINTS
Name of P & Z Member: Planning office
43
3
Rating n
,I Exhibit D
Doremus &company
608 east hyman avenue • aspen, Colorado 81611 • telephone: (303) 925 -6866
January 17, 1984
Mr. Sunny Vann
Director, Aspen Pitkin Planning Office
130 So. Galena
Aspen, Co. 81611
Dear Sunny:
My letter is to clarify certain aspects of our residential GMP
application for the 700 South Galena Project. As you know, 700
South Galena is part of a larger PUD submittal currently under
review by the City called the Aspen Mountain PUD. As your
office has pointed out in its review of 700 South Galena, in
order to proceed as presently proposed, the project must
continue to be included in the overall PUD. Separating 700
South Galena from the other projects in the PUD would require
redesign of the building to bring the project into compliance
with the area and bulk requirements of the underlying zone
district.
Since the project as proposed is therefore linked to the City's
review of the overall PUD, we believe that 700 South Galena
should be scored by the P&Z on the basis of the commitments
contained in our application as written. Specifically, we
believe that the commitments to upgrade the water, sewer, and
storm drainage systems in the area as contained in our
residential application will improve the quality of service in
the area and therefore assure that we receive the maximum score
of two points in those categories, rather than one point as
recommended in your scoring. Further, we believe our
clarification will strengthen our ability to obtain the maximum
score as indicated in your recommendation for the categories of
fire protection, trails, and open space.
Mr. Sunny Vann
January 17, 1953
Page 2
In the event we subsequently fail to receive approval for other
projects in the PUD, which in turn affects our ability to
implement these commitments, we are aware that GMP approval for
700 South Galena may be subject to reconsideration by the
Planning and Zoning Commission as provided for in Section
24 -11.7 of the Zoning Code.
If we can offer further clarification on this matter, please
call me at your earliest convenience.
Sincerely,
Joseph Wells
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