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HomeMy WebLinkAboutcoa.lu.gm.700 E Hyman Ave.30A-865DR-8(.11) Cl/.A ate. 11 700 EASy UILDING COMMERCIAL GMP APPLICATION AUGUST 1, 1986 11 FJ F VANN ASSOCIATES Planning Consultants August 1, 1986 Mr. Alan Richman Planning and Development Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Co 81611 Re: Lucas Property Commercial Growth Management Plan Application Dear Alan: Attached for the Planning Office's review are twenty-one (21) copies of the referenced application and a check in the amount of $3,180.00 for payment of the application fee. Please note that in addition to the GMP/conceptual submission fee, the check provides for the application's anticipated referral costs. Should additional referrals be required, please advise and we will gladly provide the appropriate fee. Should you have any questions regarding our application, or if we can be of any further assistance, please do not hesitate to contact myself or the Applicant's represen- tative, Mr. Peter Rosell. On behalf of Vann Associates and the project team, thank you and your staff for your assistance in the preparation of our application. Very truly yours, VANN ASSOCIATES Sunny AICP attac ent SV:h IP O. Box 8485 • Aspen, Colorado 81612 • 303 925-6958 U A COMMERCIAL GROWTH MANAGEMENT APPLICATION FOR THE LUCAS PROPERTY Prepared for THE HODGE COMPANIES, INC. Real Estate Development and Management 1505 Bridgeway Blvd., Suite 129 Sausalito, California 94965 (415) 331-1505 Prepared by VANN ASSOCIATES Planning Consultants 210 South Galena St., Suite 24 Aspen, Colorado 81611 (303) 925-6958 and WALTER & WAGER, ARCHITECTS 3030 Bridgeway Blvd. Sausalito, California 94965 (415) 332-9010 TABLE OF CONTENTS Section Page I. INTRODUCTION 1 II. PROJECT DESCRIPTION 3 A. Water System 3 B. Sewage System 4 C. Drainage System 4 D. Development Data 5 E. Traffic and Parking 6 F. Proposed Uses g G. Impact on Adjacent Uses g H. Construction Schedule 9 I. Employee Housing Proposal 10 III. GROWTH MANAGEMENT REVIEW CRITERIA 11 A. Quality of Design 11 1. Architectural Design 12 2. Site Design 19 3. Energy Conservation 22 4. Amenities 24 5. Visual Impact 25 6. Trash and Utility Access 25 B. Availability of Public Facilities 26 and Services 1. Water Supply and Fire 26 Protection IV. 2. Sewage Disposal 3. Public Transportation and Roads 4. Storm Drainage 5. Parking C. Provision of Employee Housing D. Bonus Points SPECIAL REVIEW APPROVAL APPENDIX A. Exhibit 1, Property Survey Exhibit 2, Title Insurance Policy B. Exhibit 1, Letter from Jim Markalunas, Director, Aspen Water Department Exhibit 2, Letter from Heiko Kuhn, Manager, Aspen Consolidated Sanitation District Exhibit 3, Letter from Robert Synder, Park Place Condominiums C. Exhibit 1, Letter from Peter Wirth, Fire Chief, Aspen Volunteer Fire Department 27 27 28 29 30 30 31 34 II. INTRODUCTION ' The following application, submitted pursuant to ' Section 24-11.5 of the Aspen Municipal Code, requests a commercial growth management allocation for the development ' of a vacant 12,000 square foot parcel of land hereinafter referred to as the Lucas property (see Appendix A, Exhibit ' 1) . As shown on Figure 1, page 2, the property is located at the intersection of Spring Street and Hyman Avenue and is ' zoned O-Office. More specifically, the property consists of ' Lots K,L,M and N, Block 104, City of Aspen, Colorado. The owner of the property and Applicant is the Hodge Capital Company of Sausalito, California (see Appendix A, Exhibit 2). The Applicant's representative is Peter C. Rosell, Vice ' President of The Hodge Companies, Inc. ' To facilitate the review of the Applicant's request, the application has been divided into three areas. The ' first area, or Section II of the application, provides a ' brief description of the proposed development while Section III addresses in detail the Code's growth management review criteria. The third area, or Section IV, discusses the special review approval which will also be required in order to reduce the proposed building's parking requirements. For ' the reviewer's further convenience, all pertinent documents relating to the project (e.g., title insurance policy, ' utility commitments, etc.) are provided in the various appendices to this application. 1 LL/L/ oa'IYa-mo 'N/rw Ir 0 •/ /llfl/ 00`IYOl00 `IN■Iwo '/ 0/L j p c a /1NVilf1/NOO ONINNV IY C C ON1omns NvuuAN 'i ooL Feil�d1a0so NNWA g n a i i I i i ti I 3 ^s •ate PPulsl•+0 I O Z 1 -- CO •ag dulad* ; , f .ate �yunH ❑ ❑ ❑❑11❑❑❑❑ ❑❑a❑❑❑ O ❑❑❑❑❑❑ti d v' i 0 >, n > t l 41. I -❑ Q y ❑ 4_ X-- 1 ; c' L, 1 `lip C:m ,1 I • Vim- ._ II (� {I i O r' � a N J / •�'IIIW I ---- �_-- L to i l - 0 i ❑oo0❑300❑❑a❑q(o)❑013 ❑❑❑❑❑❑❑❑❑❑❑❑❑ _ t 40.10Muoyy a \ 7LI IL 1 •ai undo - ❑ ❑ i a , / N a- O ❑ f - �• ' r 2 F� J L 11 While the Applicant has attempted to address all relevant provisions of the Municipal Code, and to provide sufficient information to enable a thorough evaluation of this application, questions may arise which result in the staff's request for further information and/or clarifi- cation. To the extent required, the Applicant would be most happy to provide additional information in the course of the application's review. II. PROJECT DESCRIPTION The Applicant proposes to construct an approximately 9,000 square foot (external floor area) office building on the Lucas property. The ground floor of the new structure, to be known as the 700 East Hyman building, will contain approximately 1,660 square feet of floor area. The build- ing's second and third floors will contain approximately 3,830 and 3,510 square feet, respectively. A basement is neither required nor provided. The specifics of the proposed development are outlined below. A. Water System Water service to the project will be provided via a new service line connecting to either the existing eight (8) inch water main located in Spring Street or to the twelve (12) inch main in Hyman Avenue. A decision as to which line to tap will be reached in cooperation with the Aspen Water 3 1 IDepartment prior to the issuance of a building permit. To ' enhance fire protection, a new hydrant will be installed at the property's southwest corner. The preliminary fixture ' count for the new building is four (4) toilets, four (4) lavatories, one (1) janitor's sink, and approximately five ' (5) hose bibs. The Water Department has indicated that a connection to either existing main is acceptable and that the impact of the project on existing facilities will be ' minimal (see Appendix B, Exhibit 1). B. Sewage System The project will be served by the existing eight (8) inch sanitary sewer located in the alley to the rear of ' the property. According to the Aspen Consolidated Sani- tation District, anticipated flows can be accommodated with ' no improvements to existing lines or the treatment plant (see Appendix B, Exhibit 2). C. Drainage System ' Roof runoff from the new building,and surface ' runoff from the project's impervious parking area, will be retained on -site utilizing drywells. Surface runoff from ' the proposed sidewalks will drain to Spring Street and Hyman ' Avenue. This runoff, however, will be intercepted to a substantial degree by the landscaped planting areas which ' will parallel the project's street frontages. Existing catch basins in the immediate site area are believed to be adequate; however, an additional basin will be provided in an appropriate location should one be requested by the City Engineer. The project's detailed drainage plan will be reviewed with the City Engineer prior to the issuance of a building permit. D. Development Data ' The following table summarizes site and development data for the Lucas property and the proposed 700 East Hyman ' building. Table I SITE AND DEVELOPMENT DATA 1. Lot Area 2. Building Footprintl 3. Landscaping/Open Space 4. External Floor Area 5. External Floor Area Ratio 6. Net Leasable Floor Area 7. 1986 Commercial GMP Request2 12,000 sq. ft. 7,890 sq. ft. 2,230 sq. ft. 9,000 sq. ft. 0.75:1 7,460 sq. ft 9,000 sq. ft. lIncludes the parking area located underneath the building's second floor. 2Additional information in support of the Applicant's request for a multi -year allocation will be submitted prior to the P & Z's disposition of this application. 5 F r E. Traffic and Parking The City Engineer has indicated that the proposed project will have no significant impact upon the existing street system, as Spring Street and Hyman Avenue are currently functioning below allowable capacity levels in the immediate site area. Twenty-five (25) parking spaces will be provided on -site and accessed via the alley to the rear of the property. While the provision of alley access results in the loss of two (2) potential on -site spaces, both the Applicant and the City Engineer believe this alternative to be far superior to the provision of curb cuts on either Spring Street or Hyman Avenue. The special review approval of the Planning and Zoning Commission, however, will be required in order to reduce the project's parking requirement from twenty-seven (27) to twenty-five (25) spaces (see Section IV for a detailed discussion of the project's parking require- ment and the Applicant's special review request). The building's hours of principal daily usage will ' generally coincide with the normal business day (i.e. eight ' to five) for office uses typically permitted within the O- Office zone district. With respect to alternative means of ' transportation, the Mountain Valley and Hunter Creek bus routes currently serve Spring Street. As shown on Figure 2, page 7, the Rubey Park Transit Center is located approx- 0 � 1. i�i ooruoloo 'Nirsr a bi illfii OOrYOlO, 'Nadir � rwilro 'i oar F O i1Nr11f1iN07 ONINNr Id ONIO11f18 NvWAFI "3 OOL v o •sue Iwldh+0 0 t c j-y � i �. c VW( 0 0 0 0 0 o�� . oio o... 1 c a °o a, -as ■wl� z . U 0 ' 0 0 0 0 0 0 0 C 0 7 imately four (4) blocks southwest of the property. IF. Proposed Uses ' The 700 East Hyman building's tenants will be limited to those professional and business offices permitted ' within the O-Office zone district. The project's employee ' housing requirement will be fulfilled via the conversion of existing free market units; therefore, no residential use of ' the property is required or proposed. ' As shown in Table 1, page 5 , the total net leasable floor area of the building is approximately 7,460 ' square feet of which approximately 1,480 square feet will be, located on the ground floor. An additional 3,230 and 2,750 square feet be will located on the building's second and third floors, respectively. The actual number of tenant spaces will depend primarily upon market demand. For ' purposes of illustration; however, a typical tenant layout might consist of approximately four (4) spaces on the ground ' floor, six (6) spaces on the second floor, and an add- itional four (4) to six (6) spaces on the building's third floor. IG. Impact on Adjacent Uses ' The Lucas property is zoned O-Office as is the adjacent area located to the north, south and east. The area west of the property is zoned C-1, Commercial. 8 Existing land uses in the immediate site area include a ' single-family residence and a multi -family structure located across the alley to the rear of the property; the Patio ' commercial building, the Weinerstube restaurant and the Hannah Dustin office building located at the northwest, ' southwest and southeast corners, respectively, of the Spring ' Street and Hyman Avenue intersection; and the so-called Grainery building located between the property and the Aspen Athletic Club to the east. ' Both the Grainery building and the single-family residence located across the alley, however, are currently ' listed for sale. Given the condition of the structures, and the value of the property which they occupy, it is reason- able to assume that it is only a matter of time until these two properties are redeveloped pursuant to the provisions of the O-Office zone district. The proposed use of the new building is consistent with the intent of the O-Office zone district and compatible with surrounding land uses. As a result, the functional ' character of this transitional area of the City will be unaffected by the Applicant's proposal. H. Construction Schedule The target date for commencement of con struction is ' the Spring of 1987, with completion of the entire project I anticipated prior to December of 1987. Phased construction of the building will not be required. I. Employee Housing Proposal As shown on Table 1, page 5, the external floor area of the project is 9,000 square feet, of which the net leasable floor area is approximately 7,460 square feet. Based on an employee generation factor of three (3) em- ployees per thousand (1,000) square feet of net leasable floor area (the Municipal Code's specified employee gen- eration factor for the O-Office zone district), the project Q Q .13Y will generate approximately twenty two (22) new employees. The Applicant proposes to satisfy the employee housing requirements of Section 24-11.5(c) via the conversion of existing non -restricted units to deed restricted status pursuant to the provisions of Section 24-11.10(i)(2) of the Municipal Code. More specifically, the Applicant proposes to house nine (9) employees, or forty (40) percent of the total em- ployees generated by the project, in four (4) two bedroom units to be purchased at the Airport Business Center (see Appendix B, Exhibit 3). These formerly free market, rental units have recently been renovated, condominiumized and offered for sale as the Park Place Condominiums. The units in question comply with all applicable employee housing 10 standards and will be deed restricted to employee occupancy P Y ' and price guidelines in accordance with the Housing Auth- ority's recommendations prior to the issuance of a Cert- ificate of Occupancy for the new building. It is anti- cipated that the units will be restricted to the Authority's low income rental and sales price guidelines. III. GROWTH MANAGEMENT REVIEW CRITERIA ' The following section addresses the various review criteria against which the proposed project will be eval- uated. The information contained herein represents the ' Applicant's best effort at compliance with both the letter and intent of the criteria. We believe that in every category the proposed project meets or exceeds the minimum applicable standard. Based on our understanding of the ' various criteria and the project's compliance therewith, we have taken the liberty of requesting an appropriate score in each review category. Please reference as necessary the appropriate headings in Section II of this application for detailed information in support of the Applicant's following ' representations and commitments. IA. Quality of Design ' The quality of the proposed project's exterior and site design is discussed below. Please note that the Lucas property is located outside of the City's commercial core 1 11 historic overly district and, therefore, Historic Preser- vation commission review and approval of the 700 East Hyman building's architecture is not required. ' 1. Architectural Design. The Applicant's prin- cipal objectives with respect to the architectural design of the 700 East Hyman building may be summarized as follows: a. To design a contemporary structure of ' exceptional quality that is not only aesthetically pleasing, functional and energy efficient, but is highly compatible ' with adjacent buildings and a positive addition to the neighborhood. b. To provide premium office space for the ' small user while maintaining sufficient flexibility to respond to larger tenant needs. C. To maintain the exceptional views orig- inating from the site while minimizing, to the extent feasible, the building's impact on surrounding land uses. We believe that the proposed 700 East Hyman building, the schematic floor plans and elevations of which ' are presented on the following pages, successfully meets the above objectives. As the drawings illustrate, the build- ing's basic form is a rectangular pyramid, which contains a relatively small ground floor and two substantially larger 1 12 upper floors which step back from the adjacent streets so as ' to reduce perceived bulk and the structure's profile. Site characteristics dictate that the building stand on its own ' yet respect its immediate surroundings; therefore, the structure has been set firmly on the site at the ground level while the two upper floors are contained within the building's sloping roof and dormers. In order to further mitigate the building's bulk, and to maintain the pedestrian ' scale of the surrounding neighborhood, the structure has been recessed approximately two (2) feet below the level of ' the Hyman Avenue sidewalk. Secondary benefits arising from ' the architectural design concept outline above include: a) The ability to locate the project's parking the at rear of the property and underneath the building's second floor, thereby significantly offsetting the effects of inclement weather and reducing its visual impact. b) The ability to soften the building's ' various facades and to introduce outdoor decks and land- scaping on the upper floors, thereby providing increased 1 natural light, access to fresh air and enhanced views of surrounding scenic areas. c) The ability to provide a variety of office ' space configurations which are responsive to specific tenant needs, in particular those individual tenants with rela- tively small space requirements. ' 18 1 The 700 East Hyman building will be constructed ' of familiar materials including a stone base, wood siding ' and a standing seam metal roof. The extensive use of glass will visually tie the building to the outdoor streetscape ' and the project's extensive landscaping. Although contem- porary in concept and design, the building, in respecting the height and bulk of neighboring structures, should be not only highly compatible but a positive addition to this area ' of the City. IRequested Score: 3 points ' 2. Site Design. The basic design concept for the project site has been to preserve the "streetfront" integ- the immediate rity of site area, minimize the building's perceived bulk, enhance pedestrian and vehicular cir- culation, and provide for extensive landscaping so as to ' soften the building's facades and screen the on -site parking area. As Figure 3, page 13 illustrates, the building's footprint parallels both Spring Street and Hyman Avenue, thereby maintaining the City's traditional streetfront design. The entrance to the building and ground floor office spaces is located off Hyman Avenue, the quieter and less traveled of the two adjacent streets. Both the ground ' floor and the project's parking area, which is located at the rear of the property underneath the building's second story, are recessed into the site so as to minimize per- ' 19 11 11 ceived bulk and help screen the automobile from view. An enclosed trash area has been provided adjacent to the alley which may be conveniently accessed by collection vehicles. Although no open space is required within the O-Office zone district, approximately 2,230 square feet have been provided. As Figure 3 illustrates, the project's open space consists of the building's entry plaza and those landscaped areas located within the building's setbacks. Although technically not counted for purposes of open space calculations, the building's landscaped second floor roof terraces, and the landscaped sidewalk areas located within the public right-of-way, significantly contribute to the character and quality of the project's site design. In order to enhance vehicular circulation in the immediate site area, access to the parking area is provided via the alley, thus eliminating the need for curb cuts in either Spring Street or Hyman Avenue. Similarly, the Applicant proposes to install sidewalks along both street frontages so as to provide convenient pedestrian access and enhance pedestrian safety. Service vehicle access to the building is provided via the alley and paved parking area, which directly abuts the building's elevator and mechanical areas located at the rear of the ground floor. 20 J As Figure 3, page 13, further illustrates, the ' project's open space, parking area, and the Spring Street ' and Hyman Avenue right-of-ways will be extensively land- scaped with specimen size deciduous trees, shrubbery and I seasonal -flowering plants. Actual specimens will be I selected depending upon availability; however, all trees will be a minimum _three (3) inch caliper and will be chosen from such species as Cleveland maple, Marshall seedless ash, narrow leaf cottonwood, etc. Low growing shrubs and ground cover such as potentilla, horizontal juniper, ajuja, etc. will be used to soften the buildings facades, screen the parking area, and to further enhance the appearance of the project. The areas located between the proposed sidewalks and the streets will be planted with sod such as Kentucky blue grass. The project's extensive landscaping will further help to minimize the buildings perceived bulk, provide shade during the summer months, and constitute a significant amenity for the pedestrian enjoyment of the sidewalk and plaza areas. The building's entry plaza will be surfaced with exposed aggregate and brick pavers. Snow -melt will be used where appropriate to prevent u:-sightly snow buildup and to increase pedestrian safety. The entry plaza will be attractively lighted and all utilities will be placed underground. The Applicant will work with the City Engineer 21 1 to coordinate the location and installation of sidewalk street lights which the City currently plans to erect in the immediate site area. Benches will be provided in the entry plaza and street furniture, tree grates with cages, and bicycle racks will be provided along the Spring Street and Hyman Avenue sidewalks. Curb and gutter will be replaced where required and a handicap ramp provided at the Spring Street and Hyman Avenue intersection. Requested Score: 3 points 3. Energy Conservation. The 700 East Hyman building has been designed to maximize the conservation of energy and the use of solar energy sources. Specific features to be incorporated in the building include the following: a) Building Orientation and Solar Utilization. The building has been oriented to take full advantage of the property's solar potential. As the architectural floor plans illustrate, a majority of the building's leasable area has either a southern or western exposure, in order to maximize passive solar gain. b) Insulation. Insulation specifications will exceed minimum standards. Exterior walls will utilize R-19 batt insulation and one (1) inch of insulated sheathing for a total insulation value of R-26. Roofs will have an insul- 22 ation value of R-38. One (1) inch, low E insulated glass ' will be used throughout the building to reduce overheating during the spring, summer and fall, and heat loss during the winter. ' c) Mechanical Systems. Heating of the building will be accomplished utilizing a high efficiency, ' two pipe water based system with a central, segmented modular boiler and remote fan coil units. The central boiler will use natural gas and have electronic ignition and staged firing so as to provide maximum efficiency at all heat loads. Although the system described above will result ' in a higher initial cost to the Applicant, it is more efficient and will produce better heating modulation and ' response time than a conventional air system. ' The building has been designed to require minimum mechanical cooling. In order to further reduce ' energy consumption, operable window will be provided at the ' buildings perimeter, thereby enhancing cross -ventilation and natural cooling. Should tenant needs dictate, however, the heating plan can be easily modified so as to incorporate a high efficiency, low consumption mechanical cooling system. The building's plumbing fixtures will be ' limited to four (4) toilets, four (4) lavatories, a jan- itor's sink and approximately five (5) hose bibs. Low consumption fixtures will be specified throughout. Domestic 23 hot water requirements will be limited to the lavatories and ' sink, thereby further enhancing energy conservation. Point - of -source electrical hot water heaters will be utilized in ' order to reduce the standby heat loss inherent in conven- tional hot water heating systems. 4. Amenities. The applicant's development objective with respect to the Lucas property has been to design a highly marketable office building of exceptional ' quality, which incorporates the most functional and inviting ' open space and pedestrian experience possible given develop- ment parameters and site limitations. We believe that this objective has been achieved through careful attention to site design and the provision of extensive landscaping, both ' the itself on property and within the public right-of-way. ' This extensive landscaping constitutes a major amenity for the project, surrounding land uses, and the City of Aspen. ' Additional specific features and/or commitments of the project which can be considered amenities include: a) The building's landscaped second floor roof terraces. b) Improved pedestrian circulation along Spring Street and Cooper Avenue. ' c The building's landscaped g p d entry plaza. d) Sidewalk and plaza benches and bicycle ' racks. 24 h I I e) The project's on -grade, covered parking lot. Requested Score: 3 points 5. Visual Impact. The Applicant has made consid- erable effort to integrate the proposed 700 East Hyman building into the surrounding neighborhood. The building's setback upper floor, the Hyman Avenue entry plaza, and the extensive use of glass and above grade decks all signif- icantly contribute to the maximization of public views of the surrounding scenic areas, both from within the project as well as from neighboring properties. In virtually no instance is the view from the immediate site area signif- icantly impacted by the proposed building. Requested Score: 3 points 6. Trash and Utility Access. Although no trash or utility access areas are required by either Section's 24-3.4 or 24-3.7(h)(4) in the O-Office zone district, the Applicant proposes to provide an approximately five (5) foot by ten (10 ) foot enclosed trash area adjacent to the alley at the rear of the property. This area can be conveniently accessed by collection vehicles and has been sized to accommodate a single two (2) cubic yard dumpster (the largest dumpster that can be conveniently handled during the winter months). 25 Based on BFI Waste Systems' national standard of one (1) cubic yard of trash per 10,000 square feet of ' office floor area per day, the proposed building would generate approximately 0.9 cubic yards of trash each day. A two (2) cubic foot yard dumpster, therefore, would be more than adequate to handle the trash needs of the project. With respect to the building's utility access area requirements, the existing electrical transformer located at the rear of the property should be adequate to serve the project. The building's electrical panels will be located adjacent to the ground floor mechanical area so as to provide convenient access for meter reading and emergency shut-off. A utility area abutting the alley, therefore, will not be required. Requested Score: 3 points B. Availability of Public Facilities and Services The proposed project's impact upon public facil- ities and services is described below. 1. Water Supply and Fire Protection. The project in and of itself improves the quality of service in the immediate site area. The Water Department has indicated that the existing water mains in the area are adequate to supply the project and that system upgrades will not be 26 1 required. In order to minimize consumption, water -saving fixtures will be specified throughout the project. With respect to fire protection, the site is located approximately four (4) blocks from the Aspen Volunteer Fire Department, resulting in a response time of approximately three (3) to five (5) minutes (see Appendix C, Exhibit 1). While an existing fire hydrant is located at the northwest corner of Original Street and Hyman Avenue, an additional hydrant will nonetheless be provided by the Applicant at the southwest corner of the property. The provision of an additional fire hydrant will significantly improve fire protection in the surrounding neighborhood. Requested Score: 2 points 2. Sewage Disposal. The project may be handled by the existing level of service in the area. The Aspen Consolidated Sanitation District has indicated that the existing eight (8) inch line located in the alley to the rear of the property is adequate to serve the project and that system upgrades will not be required. Requested Score: 1 point 3. Public Transportation and Roads. The project ' may be handled by the existing level of service in the area. The City Engineer has indicated that the project will have no negative impacts upon the existing street system as 1 27 ' Spring Street and Hyman Avenue are currently functioning ' below allowable capacity levels in the vicinity of the property. Although vehicle ingress and egress to the ' property will obviously increase as a result of development, potential circulation conflicts will be minimized as a ' the result of provision of direct alley access to the ' project's on -site parking area. No curb cuts on Spring Street or Hyman Avenue will be required or provided, thereby ' eliminating a potential hazard to both pedestrians and through traffic. As Figure 2, page 7 illustrates, Rubey Park is ' located approximately four (4) blocks southwest of the property. The Mountain Valley bus route directly serves the ' property via Spring Street while the Hunter Creek route ' passes a block to the south on Cooper Avenue. Requested Score: 1 point 4. Storm Drainage. The project in and of itself ' improves the in quality of service the immediate site area. ' No expansion of the existing storm drainage system will be required. All roof runoff and the majority of the project's ' surface runoff will be retained via the installation of on - site drywells. While the vacant property's existing storm ' water retention has not been calculated, historical runoff levels will, at a minimum, be maintained and, in all probability, will decrease as a result of drywell instal- ' 28 ' lation. Existing catch basins in the area are believed to ' be adequate; however, the Applicant will install an addi- tional basin in an appropriate location should one be ' requested by the City Engineer. L Requested Score: 2 points ' 5. Parking. As discussed in Section II, the Applicant proposes to provide twenty-five (25) on -site ' parking spaces which will be accessed via the alley to the rear of the property. While the number of proposed spaces ' is two (2) spaces less than the twenty seven (27) spaces ' required pursuant to Section 24-4.5(c) of the Municipal Code, both the Applicant and the City Engineer believe the ' project's parking area to be sufficient for a project of this scope (see Section II for a detailed discussion of the ' project's parking requirement). ' As Figure 3, page 13 illustrates, the project's individual parking spaces comply with all applicable design ' standards and are conveniently accessed off the alley, ' thereby minimizing traffic congestion and safety hazards. The parking area will be paved, drained and shielded from ' both the alley and Spring Street by the project's extensive landscaping. With the exception of approximately four (4) ' spaces, all parking will be located under the building's second floor. ' Requested Score: 1 point ' 29 C. Provision of Employee Housing ' The Applicant proposes to house off -site nine (9) full-time equivalent employees, or forty (40) percent of the ' total employees generated by the project (see Section II for a detailed discussion of the project's employee generation and housing proposal). Based on the Applicant's proposal, ' and the provisions of Section 24-11.5(b)(3) of the Municipal Code, the project is entitled to ten (10) points, calculated I as follows: ' 40 percent employees housed x 1 point = 10 points 4 percent housing factor Requested Score: 10 points I D. Bonus Points We believe that this project has exceeded the ' minimum review criteria of the City's commercial growth ' management regulations in numerous categories and, as a result, has achieved an outstanding overall design meriting ' the award of additional bonus points. Specific areas in which we believe the project excels include building and 1 site design, energy conservation, amenities, visual impact, ' storm drainage, and parking. Detailed discussions of the project's merits in each of these areas are provided under ' the appropriate headings in Section III of this application. 1 30 t IV. SPECIAL REVIEW APPROVAL In addition to a commercial growth management allo- cation, the proposed project will require special review approval pursuant to Section 24-4.6 of the Municipal Code in ' to the order reduce project's off-street parking require- ment. Pursuant to Section 24-4.5(c), three (3) parking spaces are required per thousand (1,000) square feet of ' gross building floor area. This requirement may be reduced by special review of the Planning and Zoning Commission provided, however, that no fewer than 1.5 spaces per 1,000 square feet are approved. As Table 1, page 5 indicates, the proposed external ' floor area of the 700 East Hyman building is 9,000 square ' feet. Based on the above standard, the maximum and minimum number of required off-street parking spaces are twenty- seven (27) and fourteen (14) spaces, respectively. While the Applicant could physically provide twenty-seven (27) ' spaces on -site, it would necessitate either accessing the ' project's parking area from Spring Street, as opposed to from the alley, or placing the parking subgrade. Inasmuch ' as subgrade parking is unrealistic for a project of this scale, and accessing Spring Street would result in increased ' traffic congestion and safety hazards, the project's parking has been provided on -grade and accessed from the alley. ' This design decision, however, results in the loss of two 31 (2) parking spaces, thus necessitating the Applicant's request for special review approval. ' With respect to the specific review requirements of Section 24-4.6 of the Municipal Code, the following comments ' are provided in support of the Applicant's request for a parking reduction: a) The number of proposed spaces exceeds the ' minimum requirement for the zone district by eleven (11) spaces, or approximately 79 percent (i.e. the Applicant's ' proposed ratio of 2.8 spaces per thousand square feet versus ' the minimum requirement of 1.5 spaces per thousand). b) Given the property's corner location, access ' should be provided via the alley in order to reduce con- gestion and enhance safety. This objective, however, effectively reduces the number of spaces which can be ' provided on -site without reverting to a subgrade parking garage, an unrealistic alternative given the property's ' development limitations and the project's scale. ' c) The property is located within convenient walking distance of the City's commercial core. Both the ' Hunter Creek and Mountain Valley bus routes are conveniently ' accessible from the property. d) Considerable precedence exists to substantiate 1 a reduction to 1.5 spaces per thousand square feet of floor ' 32 area for office space such as that proposed. The Applicant, however, proposes to provide approximately 2.8 spaces per thousand square feet. ' e) No uses are proposed for the property which would result in abnormally high traffic generation levels. Inasmuch as office uses are typically lower traffic gen- erators than commercial uses, and given the fact that commercial uses may be permitted within the office zone ' district, a parking requirement of less than three (3) spaces per thousand square feet would appear appropriate for a project such as the one proposed. Based on the above factors, a reduction in the Appli- cant's required parking would appear to be appropriate and is, hereby, respectfully requested. 33 APPENDIX A American Land Title Assoc,atton Commitment Mod,fied 10/73 tat Sp:..s t+! 4. "-�' COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE 11. GUARANTY COMPANY EXHIBIT 2 ft c. *A,v Va. a r 1` .s MAY 0 3 1985 THE HODOE CO. STEWART TITLE GUARANTY COMPANY, A Texas ation, herein called the Company, for valuable consideration, hereby commits to issue its policy or po ' ies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, s owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to t provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when th dentity of the proposed Insured and the amount of the policy or policies committed for have been ► rted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminaryjaltbe issuance of such policy or policies of title insurance and all liability and obligations hereunder se and terminate six months after the effective date hereof or when the policy or policies com t or shall issue, whichever first occurs, provided that the failure to issue such policy or policies is a fault of the Company. This Commitment shall not be valid or binding until countersigned by an aut orized officer or agent. IN WITNESS WHERE; the Company has caused this Commitment to be signed and sealed, to become valid when couNt%rsigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Com merq, is effective as of the date shown in Schedule A as "Effective Date." EWART TITLE GUARANTY COMPANY Chairman of the Board Pies dent s T f X I►S� �11r`\`° Serial No. C-1601. 37490 165 25M 2 84 RW/kk SCHEDULE A Order Number: 13103 t Effective date: April 22, 1985 At 8100 A.M. 2. Policy or Policies to be issued: A. ALTA Owners Policy Proposed Insured B ALTA Loan Policy Proposed Insured. First National Bank in Aspen C. and/or Assigns Commitment Number: Amount of Insurance S Tax Cert. $ 200,000.00 $ Premium $ 5.00 $318.50 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vestec in. Hodge Capital Company 4. The land referred to in this commitment is described as follows: Lots R, L, M, and Block 104 CITY AND TOWNSITE O PF,N County itkin, Sta 0 f Colorado AuW*nzao Countersignature Page 2 h T E W A I2 T T I T L E l: VAR A*rTV CObil PA" Y 1062 (20M 944) Order Number: 13103 SCHEDULE B - Section 1 Requirements Commitment Number: The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. to wit: 1. Depd of Trust from the Borrower to the Public Trustee for the use of the proposed ]ender to secure the loan. NOTE: Trade Name Affidavit recorded March 26, 1985 in Book 483 at Page 461 names Thomas H. Wilson as the sole representative of Hodge Capital Company. 1653 (25M 6/84) Page 3 STEWART TITLF. GUARANTY COMPANY r SCHEDULE B - Section 2 Exceptions Order Number: 13103 Commitment Number: The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the eftective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. F. Any and all unpAid taxes and ascFssment.s and any unreiepred tax sales. 7. The effect of inclusions in any gPnFral or specific water conservancy, fire Protection, soil conservation or other district or inclusion in any water service or str it improverent area. P. Fxceptions and Mineral P-servations as ntained in tent to Aspen Townsite records-d March 1, 1897 ook 139 at ge 216 as Peception No. 60156. u. Easement for electrical and c mmunication itility appurtenances on, upon, over, undar, and r as the Nort erly 5.5 feet of the Fasterly 8.0 feet of Lot N, o k 104 as taken by the City of Ashen, Co. and tK8-a-s Mountain S s Telephone and Telegraph Company pursuant.cre,- in it Action No. 6019, District Court, Pi.tkin CoColorado rPcorc�ed January 26, 1977 in Rook 323 At Page Reception No. 191532. ' Exceptions numbered 1654 (25M 3-831 are hereby omitted. Pop 4 STEWART TITLE GUARANTY COMPANY Fl, APPENDIX B 1 R 11 I� i. CIT 13 July 21, 1986 Vann Associates Sunny Vann, AICP P.O. Box 8485 Aspen, Co 81612 Re: Lucas Property PEN ee[ 611 EXHIBIT 1 In regards to your inquiry concerning the Lucas property, per our discussion of July 21, 1986, water would be available to the property from either the 12" main in Hyman or the 8" main in Spring Street, upon application for the necessary permits. Should your client elect to install a fire line to service the proposed three story building, it is our recommendation that a fire hydrant be installed on the southwest corner of the block. This would improve fire protection for the neighborhood, as there is not a fire hydrant located at this intersection. We cannot comment as to the actual line size needed for the doaestic service without detailed plans, but water is available in sufficient quantity to service the property. Sincerely, Jim �Mrkalunae;--ai rector Aspen Water Department cc: Planning Department 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Aspen Consolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Sunny Vann % Vann Associates P. 0. Box 8485 Aspen, Colorado 81612 EXHIBIT 2 Tele. (303) 925-2537 July 22, 1986 RE: Lucas Property Dear Mr. Vann: This letter is to indicate that upon preliminary examination the Aspen Consolidated Sanitation District can service a proposed commercial build-rg on the Lucas property next to the Health Food Grainery. Sincce�rel�y� /` -4� Heiko Kuhn, Y :anger Aspen Consolidated Sanitation District 11 I1 11 11 11 11 JULY 30, 1986 Peter C. Rosell The Hodge Companies 1505 Bridgeway Blvd. Sausalito, CA. 94965 RE: Lucas Property Dear Peter, EXHIBIT 3 Please be advised that we will reserve four (4), two bedroom units in our Park Place Condominium project for your purchase. It is our understanding that you intend to use these units to meet the employee housing requirement for your 1986 commercial growth management application for the Lucas Property. We will hold these units for you for a period of thirty (30) days from the date of this letter, which should allow ample time to complete our contractual negotiations. The units we have reserved for you are G-4 (711 sq. ft.), G-6 (808 sq. ft.), F-5 (795 sq. ft.) and F-6 (808 sq. ft.). should you have any questions, or if we can be of any further assitance, please do not hesitate to call. Very truly yours, Robert J. Snyd r for Clark P. Smyth 11 413H Pacific Avenue, Aspen, Colorado 81611 (303) 925-2450 APPENDIX C EXHIBIT 1 420 E. HOPKINS STREET ASPEN, COLORADO 81611 (303) 925-5532 July 22, 1986 Vann Associates Planning Consultants Box 8485 Aspen, Colorado 81612 RE: The Lucas Property Dear Sunny: Based on our very brief discussion, the Aspen Volunteer Fire Department should have no problem in providing fire protection to the proposed commercial project on the corner of Hyman & Spring Streets. It is my understanding that you intend to install a fire hydrant on the south/west corner of the property. This hydrant would benifit the adjacent build- ings in the area. The Aspen fire station is located three and one half (3-1/2) blocks from the proposed project, and our re- sponse time is three (3) to five (5) minutes regardless of the time of day. If you have any questions please feel free to contact me. Sincerely Peter Wirth Fire Chief ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 - 52100 GMP/CONCEPTUAL - 63722 - 47332 - 52100 GMP/PRELIMINARY - 63723 - 47333 - 52100 GMP/FINAL - 63724 - 47341 - 52100 SUB/CONCEPTUAL - 63725 - 47342 - 52100 SUB/PRELIMINARY - 63726 - 47343 - 52100 SUB/FINAL - 63727 - 47350 - 52100 ALL 2-STEP APPLICATIONS - 63728 - 47360 - 52100 ALL 1-STEP APPLICATIONS REFERRAL FEES: 00125 - 63730 - 47380 - 52100 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 - 52100 HOUSING 00115 - 63730 - 47380 - 52100 ENGINEERING SUB -TOTAL County 00113 - 63711 - 47331 - 52200 GMP/GENERAL - 63712 - 47332 - 52200 GMP/DETAILED - 63713 - 47333 - 52200 GMP/FINAL - 63714 - 47341 - 52200 SUB/GENERAL - 63715 - 47342 - 52200 SUB/DETAILED - 63716 - 47343 - 52200 SUB/FINAL - 63717 - 47350 - 52200 ALL 2-STEP APPLICATIONS - 63718 - 47360 - 52200 ALL 1-STEP APPLICATIONS REFERRAL FEES: 00125 - 63730 - 47380 - 52200 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 - 52200 HOUSING 00113 - 63731 - 09000 - 52200 ENVIRONMENTAL COORD. 00113 - 63732 - 09000 - 52200 ENGINEERING SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 - 09000 - 52200 COUNTY CODE - 63063 - 09000 - 52200 ALMANAC - 63062 - 09000 - 00000 COMP. PLAN - 63066 - 09000 - 00000 COPY FEES - 63069 - 09000 - OTHER Name: Address: Check # Additional Billing: SUB -TOTAL TOTAL Phone: Project: Date: — # of Hours: goo HYMAN ASPEN COlO. WEST ELEVATION w`�IIIIII�Nk 11 _ _ � �-t ! _ .'.J�_ /fir' I �Nr�url�■■���r�r� � `\�� ' _ v 1. not I Ilk- i SOUTH ELEVATION SCALE b 16 ------_-- -� EAST ELEVATION FS 1 rs ---------------- NORTH ELEVATION SCALE 700 HYMAN ASPEN COLO. Aar Wager 4150 solo bdd- 17 i i i I I I i I I I I I I • I I I I 1 I i I I I I ►MWRM ACCESS D • ; - HYMAN ST z Z�� SCALE EXIST HOUSE WELL NEN SIDEWALK NEW LANDSCAPE EXIST FACE Of CUR! 1ST FLR PLAN 13 Too HYMAN ASPEN COLO. UAW& w"er • •IN rr,M IIN IMr N00T" 0 2 o' SCALE i 2ND FLR PLAN 14 r goo HYMAN ASPEN COLO. Waller A Wager Soso w do4U s� t 3RD FLR PLAN SCALE 15 700 HYMAN ASPEN COLO. Wafter Alwoo r :j "e 5OW bd" CASELOAD SUMMARY SHEET 0 City of Aspen13�� DATE RECEIVED: F-I '�G CASE NO. :30•g(, DATE RECEIVED COMPLETE: STAFF: PROJECT NAME: �O (1 I(�(t2 �rvlYY1 CSfn APPLICANT: Applicant Address/Phone:s /v t,` REPRES EN TAT IV E: Representative Addres /Phone: x- '- Type of Application: I. GMP/Subdivision/PUD 1. Conceptual Submission 20 :�, $2,730.0 2. Preliminary Plat 12 .0 0 3. Final Plat 6 820.00 II. Subdivision/PUD 1. Conceptual Submission 14 $1, 900 .00 2. Preliminary Plat 9 1,220.00 3. Final Plat 6 820.00 III. All "Two Step" Applications 11 $1, 490 .00 IV. All "One Step" Applications 5 $ 680 .00 V. Referral Fees - Environmental Health, Housing Office/ 1. Minor Applications 2 $ 50.00 2. Major Applications 5 �$ 125.00 Referral Fees - Engineering M; A l t' gv�6S inor ee ica ions 80.00 Major Applications 200.00 P&Z CC MEETING DATE: PUBLICIHEIZNG- YES NO DATE REFERRED: V INITIAL I REFERRALS: I _ City Atty Aspen Consol. S.D. School District City Engineer Mtn. Bell Rocky Mtn. Nat. Gas Housing Dir. Parks Dept. State Hwy Dept (Glenwd) Z— Aspen Water Holy Cross Electric StateHwy Dept (Gr.Jtn) City Electric Fire Marshall Bldg: Z Wing/Inspectn Envir. Hlth. Fire Chief Other: Roaring Fork Transit Z Roaring Fork Energy Center ----------------------------------------------------------------=-___- FINAL ROUTING: DATE ROUTED- 5 5' IN IT IAL � City Atty City Engineer Building Dept. Other: FILE STATUS AND LOCATION: Other: CASE DISPOSITION: Reviewed by: r ispen PbZ city coup,:,, tlinl jk fkval"U I v Reviewc.e., E-7: �-.spec. P&L" City Council u is MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: 1986 Commercial GMP Competition in the Office Zone DATE: September 11, 1986 INTRODUCTION: Attached for your review are the Planning Office recommended points allocations for the two applications submitted on August 1st for the Commercial GMP competition in the Office Zone District. QUOTA AVAILABLE AND REQUESTED: By Resolution 29, Series of 1985, City Council eliminated the quota for commercial development in the Office Zone unallocated from previous years and set the 1986 quota for 4,000 square feet. Quota allotment requested for this competition is as follows: 1. Wesson 2,487 sq. ft. 2. 700 E. Hyman ft. Total Quota Requested 9,9P sq. ft. DEVELOPMENT REQUESTS AND ANCILLARY REVIEWS: WESSON: The proposed building at 605 W. Main Street would house a dentist's office, a one -bedroom free market unit for Dr. Wesson and a one -bedroom employee unit. A cash -in -lieu payment of $16,625 would also be provided for employee housing. According to the interpretation of Section 24-3.4 made by the City Attorney and Planning Director, the free market unit can be built within the area and bulk requirements of this zone and without the need to receive a GMP residential allotment, since this is a vacant lot. Ancillary reviews in this application include: a. Employee Housing GMP exemption to deed -restrict one unit to moderate income and cash -in -lieu payment for housing of 1.75 moderate income employees. b. Special review for a reduction in required parking from 9.5 (or ten) on -site spaces to seven spaces for the whole project. • • C. Special review for bonus F.A. R. consisting of .7 4 : 1 free market residential employee housing space. F.A.R. to achieve a .9 : 1 F.A.R. for commercial and space and .16 : 1 F.A.R. for 700 E. HY14AN: The proposed building on the northeast corner of Hyman and Spring Streets would contain three floors of office space and an undetermined number of tenant spaces, to depend upon market demand. Parking would be provided at grade in an unwalled portion of the building off the alley. Four two -bedroom units at Park Place Condominiums would be deed -restricted as part of this proj ect. The one ancillary review in this application is: a. Special review for a reduction in required parking from 27 on -site spaces to 25 spaces. The Planning Office requests the Planning Commission to make an interpretation of ail ambiguous provision of the external floor area calculation concerning the proposed covered parking area in the 700 E. Hyman project. Approximately 5,640 square feet would be devoted to at -grade unwalled parking in this project. Section 24-3.7(e) (1) states in part that "the calculation of floor area of a building or a portion thereof shall include... any area under a horizontal projection of a roof or balcony even though those areas are not surrounded by exterior walls, when such areas are necessary for the function of the building." The Building Department and Planning Office interpretation, explained in the October 13, 1983 letter from Planning Director Sunny Vann to Wilson Good regarding the Applejack (attached) , has been that covered parking above grade be counted as F.A.R. finding it to meet this definition since the office zone district requires parking to be provided, making it necessary to the function of the building. We note that the parking area of 700 E. Hyman also is the service access to the building. Section 24-3.7(e) (3) states in part: "For the purpose of calcula- ting floor area ratio and allowable floor area, parking and those subgrade and subbasement areas not in conformance with the minimum requirements for natural light, ventilation in any zone district shall not be included in floor area calculations." This provision would appear to contradict that quoted above, by stating that parking whether at surface or below is exempt, while the above language is that since the pai king at grade is under a projection, it should count. The Board of Adjustment heard an analogous case to this on November 7, 1983 for an F.A.R. variance concerning the Applejack in which parking would be covered by stilt construction of employee units. The variance was granted based on the following 2 • 0 reasoning: a. There is a hardship based on the ambiguous language- in the Code about parking being a necessary function. b. There is a practical difficulty in that the intent of the L-3 zone district was to encourage renovation through increasing F.A.R., providing a reasonable expectation that additional floor area would be built. A review of the minutes of the case reveals that the Board reviewed the Applejack case as a unique situation in which the intent of the L-3 zone played an important role. It was not their desire to create a precedent for other uncovered parking exempt from F.A.R. Reinforcing the Board's finding, they requested that a letter be written to the Planning Office about the problem with language. However, no change has been made to this section. If the Planning Commission makes the interpretation that the Code does exempt parking from floor area calculations, it would be setting the precedent that the Board of Adjustment wanted to avoid, and we would recommend that"Code amendment be initiated to clarify these ambiguities. If the interpretation is made that the 700 E. Hyman parking is included in floor area calculations, then an amendment to this application would be required. We feel that the P&Z could go ahead and score the application in this latter case and if the project met the threshold the applicant would be required to amend the project to bring it into compli- ance with its F.A. R. limits. PROCESS: The Planning Office will summarize these projects at your meeting of September 16, 1986, review procedures with you, and provide a suggested assignment of points for the scoring of the applications. The applicants will give brief presentations of their proposals. Public hearings will be held to allow interested citizens to comment. At the close of each hearing, the Commission members will each be asked to score the appli- cant's proposal. The total number of points awarded by all the members, divided by the number of members voting, will constitute the total points awarded to each project. A project must score a minimum of 60 percent of the total points available under. categories 1, 2, and 3 amounting to 25.8 points, and a minimum of 30 percent of the points available in each category 1, 2, and 3 to be eligible for a GMP allotment. The minimum points are as follows: Category 1 = 5.4 points; Category 2 = 3 points; and C 0 • Category 3 = 8.75 points. Should an application score below these thresholds it will no longer be considered for a development allotment and will be considered denied. Bonus points cannot be used to bring an application over this minimum threshold. PLANNING OFFICE RATINGS: The Planning Office has assigned points to both applications as a recommendation for you to consider. The staff met to assess the ratings of the reviewing planner and objectively score the proposals. The following table is a summary of the ratings. A more complete explanation of the points assignment for each criterion is shown on the attached score sheets, including rationales for the rating. Availability of Public Employee Quality of Facilities Housing Bonus Total Design of Services Need Points Points Wesson 11 6 10 0 27 700 E. Hyman 12 5 10 0 27 ANCILLARY REVIEWS: If you concur with our ratings, both appli- cations meet the minimum threshold for GRIP allotment. Should projects receive identical point totals, the Code in Section 24- 11 .3 (a) gives the discretion to Council to "award the allotment to neither or to the project proposing development at the lesser floor area ratio or offering more employee or low income hous- ing." The Planning Office has the following comments regarding special reviews associated with each project. WESSON APPLICATION: A. Employee Housing GMP Exemption: The applicant requests a GMP exemption pursuant to Section 24-11 .2(f) of the Muni- cipal Code for one on -site employee unit and a cash -in -lieu payment for moderate income level employee housing. On September 11, 1986 the Housing Authority recommended approval of this request. It should be noted that the on - site unit would be 858 sq. ft. , but in accordance with City Housing Guidelines, the rent would be based on the price per square foot of a 700 sq. ft. unit. RECOMMENDATION: The Planning Office concurs with the Housing Authority and recommends P&Z to recommend approval of the 4 Wesson's employee housing program subject to the following conditions: 1. The on -site employee unit shall be deed -restricted to the moderate income housing guidelines prior to the issuance of a certificate of occupancy for the Wesson Building. The five conditions listed in Ann Bowman's memorandum dated September 8, 1985 shall be met and are summarized below: a. Deed -restriction to moderate income. b. Owner shall have the right to lease the units to qualified employees of his selection. C. Six month minimum lease. d. Copies of leases shall be sent to the Housing Office. e. Deed -restriction shall be approved and signed by the Chairman of the Housing Authority prior to recordation with the County Clerk and Recorder's Office. 2. The cash -in -lieu payment of $16,625 to provide housing for 1.25 employees at the moderate income level, as adjusted to the moderate income payment schedule at the time of issuance of a building permit, shall be paid prior to the issuance of a building permit. B. Special Review for Reduction Of Parking: The applicant requests to reduce the number of on -site parking spaces on the project pursuant to Section 24-4.5(c) of the Municipal Code from the required 9.5 (or 10) spaces to seven spaces. The following rationale is provided in the application: 1. There are 8 to 10 on -street parking spaces adjacent to the property on Main and 5th Streets. 2. Parking along Main and 5th Streets is generally easily available. 3. The property is conveniently located for walking, bicycle, and bus access. 4. Office parking would only be needed between 8 : 00 A. M. and 5 : 3 0 P.M. The Planning Office agrees with the applicant that this reduction is reasonable given the likely traffic/parking generation characteristics and the availability of on -street 9 41 parking adjacent to this property residential units will each have one the dental office will have five approval of this request . subject to two residential parking spaces shall of those tenants. The two one -bedroom space in. the rear while spaces. We recommend the condition that the be demarked for the use C. Special Review for Bonus F.A.R.: The applicant requests approval of a special review for bonus F.A.R. to add approximately 968 sq. ft. of bonus F.A.R. for the employee apartment and employee stairwell. 0.74:1 F.A.R. is used for the commercial and free market unit space, and 0.16 F.A.R. is devoted to employee housing. Section 24-3.5 (a) of the Municipal Code states the criteria for P&ZIs review (attached). The Planning Office believes that the Wesson Building proposal is compatible with the surrounding land uses and zoning. Staff comments in the GMP scoring recommendations pertain to the review criteria of bulk, height, open space, and visual impact indicates that this appears to be an acceptable building design. In addition, it appears that there are adequate services (water, sewer, storm drainage, etc.) to serve the proposed development. The requested total F.A. R. is Office zone district is 1:1. F.A.R. bonus pertains only to and not any additional square to another review. . 9 :1, while the maximum is the It should be noted that this the square footage requested footage that would be subject RECOMMENDATION: The Planning Office recommends approval of this request for 968 sq. ft. bonus F.A.R. for the employee apartment and employee stairwell subject to a commitment to landscape the western edge of the property. 700 E. HYMAN A. Special Review for Reduction in Parking: The applicant requests to reduce the number of on -site parking spaces on the project pursuant to Section 24-4.5 (c) of the Municipal Code from the required 27 spaces to 25 spaces. The appli- cant provides rationale for this request summarized as follows: 1. The number of proposed spaces exceeds the minimum requirement of 1.5 spaces/1000 sq. ft. that can be achieved by special review. The proposed ratio is 2.8 spaces/1,000 sq. ft. 2. Access is provided via the alley which reduces the 0 0 number of spaces which can be provided without going to a sub -grade garage. A sub -grade garage is unrealistic for this project. 3. The property is without convenient walking distance of the commercial core and Hunter Creek and Mountain Valley bus routes. 4. Precedent exists for reducing parking requirements to 1.5 spaces/1000 sq. ft. 5. No use proposed on the property would result in abnormally high traffic generation, such as certain commercial uses permitted in the zone district would. The Planning Office notes that the streets surrounding this proposed project are currently used to their maximum for parking. A parking survey conducted last spring by this office revealed that there is 97% occupancy rate in this area, while 90% is considered maximum. Therefore, there is little possibility that on -street parking will help supple- ment parking supply for this project. The Engineering Department supported the reduction in required parking. Given that the request is f or a minor reduction and the convenient location is in relation to the Commercial Core, the Planning Office agrees with the Engineering Department. RECOMMENDATION: The Planning Office recommends approval of the requested parking reduction. ALLOTMENT ISSUES: The total commercial square footage allotments requested far exceeds the office quota which has 4,000 sq. ft. per year. Awarding development rights to both projects would require future year allocation into 1987 (4,000 sq. ft.) and , (1,947 sq. ft.) . By action of Resolution 29, Series of 198585 City Council did not carry over office square footage which was unallocated last year. The following ti tion : zone Districts CC & C-1 Office CL and other table summarizes the 1986 commercial GMP compe- 1986 COM14ERCIAL COMPETITION GMP Requests 14,269 sq.ft. -sq. ft. 7 Quota 10,000 sq.ft.* 4,000 sq. ft. 3.000 0 • Total 31,208 sq. ft. 17,000 sq. ft. *There have been demolitions and reconstructions in the CC district over the past year (Brand Building, Hotel Jerome) which will affect the quota available this year. We are still in the process of compiling this information to present to you on September 30. The principal arguments that the applicants are likely to make in favor of granting the allotment are: 1. No project has received an allotment in the prior 4 years of competition in this zone (1982-85) ; and 2. There is a market demand for office space. Our response to these issues is as follows: 1. During the time that we were not granting commercial development allotments, we were granting substantial excess lodging allotments. This action was consistent with our policy to direct our growth quotas to meet community priorities. To go back and use the unallo- cated commercial allotments as a justification for future growth will mean that both development sectors will be procraeding at an accelerated rate in the coming years. 2. When we debated the Little Nell Lodge allotment question, we told you ' that by accelerating our lodge growth rate, there would be "interdependent and cyclical effects on the other sections, as lodge development leads to ski area and commercial growth, which influence residential development and so on. As we compress the rate at which we create new lodge units, we wonder how we will respond to the secondary impacts in our other sectors, and where the accelerated rate will end". For once, we believe that we can tell you we told you so, without being accused of acting like "chicken little". While the growth in the Office zone has little relationship to lodging development that in the CC/Cl certainly does. If we allocate off ice space into the future, this would be an addi- tional growth generator, and symptomatic of the attitude of ignoring the growth quotas. 3. Since the GMP is a tool to control a market which is incapable of regulating itself, we have felt that the market argument is not to the point. However, in response to the statement that there is no office space available, we have been told of one office in the ABC which recently moved into town due to the affordable rates. 4\ . p. —ft ,. A D F \JAv— ^(��.�aaA� P� .... l._"' %I- �000 (l,y.� wow— •cc.a ,.Ilg,� �Yc 4. Having already given almost 7,000 sq. ft. to the Little Nell project, and with in excess of 10,000 sq.ft. being requested in the CC-Cl zone, an allotment of 4 ,000 sq. ft. could be allocated this year. This would be on and not above our 24,000 sq. ft. per year target. The Planning Office recommends that you allot 4,000 sq. ft. this year to the competitors, in the order of their finish. SB.46 E • 0 CITY OF ASPEN COMMERCIAL GROWTH MANAGEMENT SCORE SHEET PROJECT: 700 E HYMAN BUILDING DATE: September 10. 1986 1. QUALITY OF DESIGN (exclusive of historic features) (maximum 18 points) . The Commission shall consider each application with respect to the quality of its exterior and site design 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. Rate the following features accordingly: a. ARCHITECTURAL DESIGN - Considering the compatibility of the proposed building (in terms of size, height, location and building materials) with existing neighboring developments. RATING: 1 COMMENT: The proposed building -mill be three stories, have a (exceeding the 25' height restriction) and contain 9000 aq, ft, (Countable The • • • _ _ • i • levation shaft and dormers make it a unique building in the in a modern sbQming--c�t �iKen—the—quality of southern exposure glau, highly visible . ! grade), t! 1 • 11 • • ! 1 =911M*W=4091�111W- -- 40 1 two to, } • Mm.- • • • • 1 1 } b. SITE DESIGN - Considering the quality and character of the proposed landscaping and open space areas, the extent of undergrounding of utilities, and the arrangements of improvements for efficiency of circulation (including access for service vehicles) and increased safety and privacy. RATING: 2 COMMENT: The building appears to meet tback regl�; rP- ments open space eras calculated to be 13 6% of the_Ei_t-Q,(t e ;I1 Qn=s; tP op s no r��>; rgment in this zone) This sma en space and part of the ad7_acPnt r o c�.'s ��°ould benten�;�.��v land- scaped to include deci du.oussh�u_b_�rass and flo�er�lr�g, a-1L_dQ oPQ�i j q _-pr aYjdin9..-f-O-r. ems' —Pedestrian ci rG�� anon a _some SeZti n_�a re_a Service A_C�.a_th=jqb� ev�ar�c� paY,y nc a��s�Quue All utilities will be underground, T gline of tries aloIlg the_ 1 c een the building e adjacent reside buil�3,ng F)inimal usea� 2PeD__s_ce is p ot�'cl— c. ENERGY - Considering the use of insulation, passive solar orientation, solar energy devices and efficient fireplaces and heating and cooling devices to maximize conservation of enemy and use of solar energy sources. RATING: 3 COMMENT: T-h—e- ari nQ Fork Ererrn• Celtt�r�lotPd the fog i ov�� ng oT�erat.jye energy conser at on measured tiQn— ' ss; ��� sod ar enerczv sp-0--cif ications e -q -'qof local_ tlsi s� re��e�c��ting�3Q� h_ sicjag- t-h- r --j or deck) , water 2 r d. AMENITIES - Considering the provision of usable open space and pedestrian and bicycles ways. RATING : 2 .n HYMan • _ 1• •}t is ulginly•. - •1 gr tgnants.blit 1 • 1 ot gpvide p b i 1 y USao�nrP e. VISUAL IMPACT - Considering the scale and location of buildings to maximize public views of surrounding scenic areas. RATING: � 2 COMMENT: The prr posed b!AJ 7R0'. Asp�tl— ��l.��ain its hem 1 r will reduce this i.mmet-. as C.'t�s allo�r for c,�od viecrs f rom the ul?per store balconi��. Teo i��portant phi 2 c vi fa will f. TRASH AND UTILITY ACCESS AREAS - Considering the quality and efficiency of proposed trash and utility access areas. RATING: 2 COMMENT:The 5' x 1.01 enclosed umpstPr area off the alley and he ],QCatiQof the elPctrpanel� meet the acr�D �rlce of t �g�p�erinq Depa�t�3]� SUBTOTAL: 1 2. AVAILABILITY OF' PUBLIC FACILITIES AND SERVICES (maximum 10 points) . The Commis.=sion shall consider each application with respect to its impact upon facilities and services and shall rate 3 each development by assigning points according to the following f ormula : 0 -- Indicates a project which requires the provision of new services at increased public expense. 1 Indicates a project which 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 the general. 2 Indicates a project which in and of itself improves the quality of service in a given area. (In those cases where points were given for the simultaneous evaluation of two services [i. e. , water supply and fire protec- tion; the determination of points shall be made by averaging the scores for each feature. 3. WATER SUPPLY/FIRE PROTECTION - Considering the capacity of the water supply system to provide for the needs of the proposed development without system extensions and without treatment plant or other facility upgrading. Also, considering the ability of the appropriate fire protection district to provides services according to established response times without the necessity of upgrading available facilities. RATING: __ 2 COMPIENT: Ff-Wtez is-_ava' a 2_Q_ a.nd can be provided from mates in either. Hyman or Spring Streets. The applicant co=nmits to locate a new fire hydrant at the ;zo-Lithwest coraer__(�f__ttze r4Perty. Both the Fire. flarshall and dater Benartmnt state this h���nt wi7.l. -introve fire protecti-Qn in the area. _ b. SEWAGE DISPOSAL - Considering the capacity of sanitary sewers to dispose of the wastes of the proposed development without system extensions and without treatment plant or other facility upgrading. RATING: _I COMMENT: The Sanitation Rime-Ki st P_=d his oieGt can be a-dia ly aerved�Y an e�x u zit' � h_�alley ans7 tr,� tm-ent RI sly—Ca_pa CilY 4 • c . PUBLIC TRANSPORTATION/ROADS - Considering the ability of the project to be served by existing City and County bus routes. Also considering the capacity of major streets to provide for the needs of the proposed development without substantially altering existing traffic patterns or over- loading the existing street system or causing a need to extend the existing road network. RATING: COMMENT: ne E_nUineering_Department stated that this project will n tt sianificanly impact adjacent streQt-s. Accessing the building from the alley will mi iD mia. c ulati, conflicts. Bus routes for Tit. Valley and Bunter Creek are within 1 block,. while Rubey Park is 4 bloQks away. d. STORH DRAINAGE - Considering the capacity of the drainage facilities to adequately dispose of surface runoff of the proposed development without system extension. RATING: I. COMMENT: The applicant_ stated that -all. maintain K improre the hi likely -_ - that there will be nore run-off from this Property entering the City's storm drainag system after construction of this building and payed surfaces, however the Engineering 1 • !t—atates -this runoff can be --presently bandled. The ap-plicant's• • 1 basin 1 1 5 0 • e. PARKING - Considering the provision of parking spaces to meet the commercial and/or residential needs of the proposed development which are required by Section 24-4.5 of the Code, and considering the design of said spaces with respect to visual impact, amount of paved surface, convenience and safety. RATING: 0 COMMENT:The applicant proposes to parovid 25ce paved garage at f the alleyParking redLcti on sm—C al Igy ew is _ ei. a r a e to c u�th_g n»mber of spa y ?_ fx m Q i�e?�1�e stagy r�s- Tire Enai-D S nQ n artment stated the number of fie There is no excess of -- on -street _ej—t er �i �z -o-� S' na Sts based on recent pt�z� n� su�v�:s. There eome �r��- irnacts a e g _r.age nnmal�rc quer n -the � 1i a "` conte�tltion that tk1 area z� exem�'� f r_oru F.1�. r►�� r mat the bui, nc� a� Wj11._ nrot.ruu',e mia the Qveib-aRg into the side se bb i� ��sl eight maces are eittMK LLa t i all,r covered or unc4vezes-L-bi the back. SUBTOTAL: 6 3. PROVISION OF EMPLOYEE HOUSING (maximum 3.5 points) - The Commis- sion shall assign points to each applicant who agrees to provide low, moderate and middle income Yiousing which complies with the housing size, type, income and occupancy guidelines of the City of Aspen and with the provisions of Section 24-11.10. Points shall be assigned according to the following schedule: 0 to 40% of the additional employees generated by the project are prcvided with housing: 1 point for each 4% housed 41 to 100% of the additional employees generated by the project are provided with housing: 1 point for each 12% housed 0 RATING: 10 COMMENT: The appliCan has comitted to deed -restrict four .(4) •enerated y the • • 4. BONUS POINTS (maximum 8 points) (Note to exceed 20% of the points awarded in Sections 1, 2 and 3) - Commission members may, when any one determines that a project has not only incorporated and met the substantive criteria of those sections, but has also exceeded the provisions of these sections and achieved an outstanding overall design meriting recognition, award additional points. Any Commission member awarding bonus points shall provide a written justification of that award for the public hearing record. BONUS POINTS: C014RENT: Tk� aJnri�q_�.ff ce r_c�comm ^ JCI� bOT�t� y m .irts 6. TOTAL POINTS Points in Category 1: 12 ( minimum of 5 .4 points needed to remain eligible) Points in Category 2: 5 (minirpum of 3 points needed to remain eligible) Points in Category 3: _1_0 (minimum of 8.75 points needed to remain eligible) SUBTOTAL: Points in Cate- gories 1, 2, and 3 Points in Category 4 TOTAL POINTS: 27 (minimum of 25.8 points needed to be eligible) Name of Planning and Zoning Member: C.700 7 c�) MEMORANDUM TO: Steve Burstein, Planning Office FROM: Elyse Elliott, Engineering Department s1b DATE: August 28, 1986 SEP — 4 1995 D RE: 700 E. Hyman Building Commercial GMP The Engineering Department - has -the folllowing comments on the above referenced application: DRAINRG F. The ,proposed on -site drywells will maintain or improve the historic drainage of the site by retaining the run-off from the roof and parking area. The application offers to install an additional catch basis if this office deems it necessary. We feel that there is presently an adequate amount of catch basins in this area. TRAFFIC This. project will not significantly impact the adjacent streets, Hyman Avenue and Spring Street. Both could easily handle the traffic that will be generated. Accessing the building from the alley will minimize the circulation conflicts. TRLiSH The 5' x 10' dumpster area will adequately house a two cubic yard dumpster. The proposed building should generate enough trash to fill the dumpster in two days. A trash truck could easily access the dumpster area. SIDEWALKS The installation of sidewalks along the Hyman Avenue and Spring Street frontage will enhance the site and allow safe pedestrian traffic. If any permanent structures are being placed within the sidewalk right -of -Tray such as planter boxes, these must have an approval for an Encroachment License prior Lo their construction. The plans for the sidewalk treatment, lighting and landscaping has to be approved by CCLC. UTILITIES. The location of the electrical panels is acceptable. The applicant has agreed to underground all utilities. Page Two August 28, 1986 700 E. Hyman Building Commercial GMP SCHEDULE The Engineering Department must be given a detailed construction schedule which discusses phasing, barricading, truck access, staging and storage areas. PARKING 3 The applicant is requesting Special Review approval pursuant to Section 24-4 ,6 of the Municipal Code in order to reduce the required number of parking spaces from 27 to 25. The Engineering Department has no problem with this reduction. EE/co/700flymanGMP • j CITY OF ASPEN COMMERCIAL GROWTH MANAGEMENT SCORE SHEET PROJECT: 700 E --BYM ate RnTr n m DATE • Se O • 198� 1. QUALITY OF DESIGN (exclusive of historic features) e ture)(maximum 18 with points). The Commission shall consider e application respect to the quality of its exterior and sita desi(gn1gandoshall rate each development by assigning p corthe 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. Rate the following features accordingly: a. ARCHITECTURAI, DESIGN - Considering the compatibility of the proposed building (in terms of size, height, location and building materials) with existing neighboring developments. RAT ING : 1 -- COMriENT: Thephaves a d building wij be thesties. t,ei aht of approximately 26 ' from. ex� sty na around level t� t-he f 1 ;i�xeeedina h_e 25' height refit i ion) and contain 5000 scl ft._ (Countable FAR .75: 1). The S1QM-d —r—olalz—balg°-nies, Ql elevatwon _ham ADPPIl--- �mm�rca.a�an�1��—not in—keepin9k� archi � :n� F� I?taY be a ea n9�4 _�1�� n in a _ -�-�-�-- parki na (at -s3 � �Zi �i-foil '- �:♦ U'rd It, fi �� h s�l7i 1�1 �p�C:7 1 M .• 1 �i 1 1 •1 1• MM N. ROW"Im-- W-4. 1 P70, •. �11- �6- b. SITE DESIGN - Considering the quality and character of the proposed landscaping and open space areas, the extent of undergrounding of utilities, and the arrangements of improvements for efficiency of circulation (including access for service vehicles) and increased safety and privacy. RATING: _ —2 - - CO MMEN T The hni 1 c3; na appears to mPQ� mi iu► �' GPthack rEaui�e- MentS _ OMn space was Calculated to be 13 .6% of t e she (theme s no reauiremen4 i.n this zoned . Thies small ot�site own space easy pedPstri an circuat; on and .>Some ea i na Wr . arc? parkanc----Shos'�-d be adec�;P- access through the --- All ti_i ties ��a.11 be u eraro ind The line of trees along —the- screeiIdr��2� a-fm the adia��11- .. ,-rncri r�Pli r e s i d e at-tal-b-OiJUIDg Mi � b open sn s� C. ENERGY - Considering the use of insulation, passive suiuJ- orientation, solar energy devices and efficient fireplaces device sources. maximize conservation of and heating and cooling energy and use of solar energy RATING: COMMENT: �e�2 ng Fork_ EJC S— featurea_.(_e--x-c,-ePJjj'g-Ql f------- 2 RAN V d. AMENITIES - Considering the provision of usable open space and pedestrian and bicycles ways. RATING: 2 COMMENT: Sidewalks on Hyman and Spring Streets will be usefL7 __ ! • y , ! •!f !1r--fit _W" 103 4K"-Iqp to•1 • • • 11 1 • Isi • � .��' ��Y3�8-1iiY _.e�a5�-e Open space. — e. VISUAL IMPACT - Considering the scale and location of buildings to maximize public views of surrounding scenic areas. RATING: 2 COI 14ENT: The prbposed building will block some views of Armen HountzLi fr. m 3i tai;, �e�t am the ZI�E� Hopkins Apt. )3uildirc_9en it-s hecjht and bulk floc ever, floors ?ill reduce this impact as wel] a,� al�ocr for good vi etars from the upper story halconi��� " is rx>rta-rt��t��i�C_ views V1W f. TRASH hND UTILITY ACCESS AREAS - Considering the quality and efficiency of proposed trash and utility access areas. RATING: _2--_ CODIMENT:T'he 5' x 7.Q' enc7 oEed dump r1rQoff- the aa1�%4anri iocatin�of the electric nanel�5 r�ee the acptanccoa:_t�- SUBTOTAL: 2.2 AVAILABILITY OF PUBLIC FACILITIES AND SERVICBS ( maximum 10 points) . The Commission shall consider each application with respect to its impact upon facilities and services and shall rate 3 /ch development by assigning points according to the following ula: Indicates a project which requires the provision of new services at increased pexpense. 1 Indicates a project which 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 the general. 2 Indicates a project which in and of itself improves the quality of service in a given area. (In those cases where points were given for the simultaneous evaluation of two services [i.e., water supply and fire protec- tion] the determination of points shall be made by averaging the scores for each feature. 3 . WATER SUPPLY/FIRE PROTECToION� forConsidering nee needsthe ofcapacity proposed water supply system to provide development without system extensions and without treatment plant or other facility upgrading. F1so, considering the ability of the appropriate fire protection district to provides services according to established response times without the necessity of upgrading available facilities. RATING: 2 COMMENT: Flat _a i�aa- Y' 1 a ? e�S���n b` ►� ova d d i xS2�n m�n� P;t er Avmen or Sx�ring Streets,- The appli _Tttprore f;P prUtPCtlo - - ---� b. SEWAGE DISPOSAL - Considering the capacity f ev sanitary sewers to dispose of the wastes of the prop opment without system extensions and without treatment plant or other facility upgrading. RATING: COMMENT: The Sane= 4n-��1�-i .-s ;t ated t :�s nroiect _gall COMMENT: p1_4 nt Cap" 4 C. PUBLIC TRANSPORTATION/ROADS - Considering the ability of the project to be served by existing City and County bus routes. Also considering the capacity of major streets to provide for the needs of the proposed development without substantially altering existing traffic patterns or over- loading the existing street system or causing a need to extend the existing road network. RATING: 1 not significantly - treets, Accessing the • •! gubey Park is 4_blQcks away d. STORM DRAINAGE - Considering the capacity of the drainage facilities to adequately dispose of surface runoff of the proposed development without system extension. RATING : _I COMMENT: T-b��i.can �-t , ed maiorit�of the prozect's sxfa e--rJlnoff wi1���re�:ain� site thron—gh uSe t7lt ^rated t s wiJ 1 � _rain or im eve the historic drainage on the 9-Ue— I� i� likely - _ that ther�y17 be r�Qre run -of_ from. s—Prc>�t�. enteri sndra�L��' system a -his bui.loI1g ax�aved surfaces_ i�ocaevee rn� De�azie_t�t states thi._s rt- Cep Qd by t e rs:a n�eri-nc�De aXt_re� �i_ a _asle°�U�-Jlum-plc of catch bas? ns .at�� 5 • � 0 ) 3. PARKING - Considering the provision of parking spaces to meet the commercial and/or residential needs 'of the proposed development which are design dofys idction 24-4.5 of the spaces with respect Code, and consideringpaved surface, convenience and to visual impact, amount of pa safety. RATING: m Office zone standards, The EnQineg 'Li a D-epartment ^ mpacts a r,-tlLe- t ira _i$ eXempt from F. A R. mead tea the bui] ; n(I as A. R. wsu_] d��dic%�te Carte_ desic�tle 1 is n��rh bigger t�ian the�F. - -^ SUBTOTAL: 6 PROVISION OF E11PLOYEE HOUSJNG (maximum 15 points) - The Commis- sion shall assign points to each applicant who agrees to provide low, moderate and middle income housing which plies of then City in housing size, type, income and occupancy guidelines of Aspen and with the provisions of section 24-11.10. Points d -ording to the following schedule: shall be assigne c, 0 to 40% of the additional employees generated by the project are provided with housing: 1 point for each 4 % housed 41 to 100% of the additional employees generated by the project are provided with housing: 1 point for each 121, housed R. • 40 • COMMENT: RATING: 10 g n ie 4. BONUS POI 23TS (mas:imurn 8 Points) (Note to exceed 20% of the points Commission members may, when awarded in Sections 1, 2 and 3) that a project tthose - and has n lcbutt dal any one determines met the substantive criteri so sections,ot has aaward caddit re ognition,ions exceeded the provisionsmeritingthese additional overa7.l desig shall outstanding points. Any Commission member awarding bonus points that award for the public provide a written justification of hearing record. BCNU 5 POINTS: 0— C01-IME11IT: Th_e 6. TOTAL POINTS 1: 1_ (minimum of 5.4 points needed Points in Category to remain eligible) 2: 5� (minimum of 3 points needed to Points in Category remain eligible) Points in Category 3: �p (minimum of 8.75 points needed eligible) to remain SUBTOTAL: Points in Cate - (minimum of 25.8 points needed gora.es 1, 2, and 3 -�— to be eligible) Points in Category 4 TOTAL POINTS: =9 --____ Name of Planning and Zo11111.g Member:�- C.700 7 C. Special review for -.bevuPw-PWJkJL to achieve a .9:1 F.A.R. consisting of .74:1 F.A.R. for commercial and free market residential space and .16:1 F.A.R. for employee housing space. 1tlt?,..-&:- HIM": The proposed building on the northeast corner of 3y��'i'� Hyman and Spring Streets would contain three floors of office _`li :fsi��< space and an undetermined number of tenant spaces, to depend upon ).-I6a , �c market demand. Parking would be provided at grade in an unwalled J rtion of the building off the alley. Four two -bedroom units at Jpr,,t eff �,ue, Po g y Park Place Condominiums would be deed -restricted as part of this project. 9f� ��k�L,• ,sti,ir The one ancillary review in this application is: a. Special review for a reduction in required parking f rom 27 on -site spaces to 25 spaces. The Planning Office requests the Planning Commission to make an A� interpretation of an ambiguous provision of the `e-xtt : .G3, area calculation concerning the proposed covered parking area in J� the 700 E. Hyman project. Approximately 5,64if_ square;-_£eet would be devoted to ate -grade unwalled parking in this project. fT y� a��,.w711ri Section 24-3.7(e) (1) states in part that "the calculation of floor area of a building or a portion thereof shall include ... any area under a horizontal projection of a roof or balcony even though those areas are not surrounded by exterior walls, when such areas are necessary for the function of the building." The Building Department and Planning Office interpretation, explained i in the October 13, 1983 letter from Planning Director Sunny Vann o Wilson Good regarding the Applejack (attached) , has been that r-tcovered parking above grade be counted as F.A.R. finding it to meet this definition since the office zone district requires .parking to be provided, making it necessary to the function of the building. We note that the parking area of 700 E. Hyman also is the service access- to the building. Section 24-3 .7 (e) (3) states in part: "For the purpose of calcula- ting floor area ratio and allowable floor area, parking and those subgrade and subbasement areas not in conformance with the minimum requirements for natural light, ventilation in any zone district shall not be included in floor area calculations." This provision would appear to contradict that quoted above, by stating that parking whether at surface or below is exempt, while the above language is that since the parking at grade is under a projection, it should count. The Board of Adjustment heard an analogous case to this on November 7, 1983 for an F.A.R. variance concerning the Applejack in which parking would be covered by* stilt construction of employee units. The variance was granted based on the following 2 �yNrrrsN.��`�•�•u..uuW.rWu'r..W�YMYi[.ur.uuraa. �:.�....... .��....�.__ __._ _ 0 • reasoning: a. There is a hardship based on the ambiguous language in the Code about parking being a necessary function. b. There is a practical difficulty in that the intent of the L-3 zone district was to encourage reasonable novation through increasing F.A.R., providing expectation that additional floor area would be built. A review of the minutes of the case reveals s hat in the Board reviewed the Applejack case as a unique situation ac't intent of the-L-3 he z.ane played an important role. It was not 'r desire to create a precedent for other uncovered parking their jAV"J '', exempt from F.A. R. Reinforcing the Board's finding, they 7 . requested that a 1 otter be written to the Planning Office about the problem with language. However, no change has been made to this section. If the Planning Commission makes the interpretation that the Code calculations t parking from floor area �ent Want uld be does exempt to � r.k;. setting: the. precedent that__the.--Board of Ad3uat { %Slfidid, and we would recommend thatl Co= dme_nt- be: initiated to If the interpretation ,arify these ambiguities. is made that ncluded in floor area calculations, the 700 E. Hyman parking is i then an amendment to this application would be required. We feel that the PZ could go ahead and score the application in this latter case and if the project met the threshold the applicant U11"`-T'' id to amend the project to bring it into compli- �RTj.y,;, ?would be required ance with its F.A. R. limits. PROCESS: The Planning Office will summarize these projects at your meeting of September 16, 1986, repaints for dtheures cor ingwithoof and provide a suggested assignment of points the applications. The applicants will give brief presentations of their proposals. Public hearings will be held to allow interested citizens members comment. 1 eachA behe close asked to ofeach the appli the Commisson cant's proposal. The total number of points awarded by all the members, divided by the number of members voting, will constitute the total points awarded to each project. A proj ect must score a minimum of 60 percent of the total points available under categories 1, of the 3 amounting to 25.8 points, and a minimum of 30 percent points available iTheamininaum points are as follows: eligible for a GMP allotment. Category 1 = 5.4 points; Category 2 = 3 points; and 3 0 '6) *.a) Category 3 = 8.75 points. Should an application score below these thresholds it will no longer be considered for a development allotment and will be considered denied. Bonus points cannot be used to bring an - application over this minimum threshold. PLANNING OFFICE RATINGS: The Planning Office has assigned points to both applications as a recommendation for you to consider. The staff met to assess the ratings of the reviewing planner and objectively score the proposals. The following table is a summary of the ratings. A more complete explanation of the points assignment for each criterion is shown on the attached score sheets, including rationales for the rating. Availability of Public Employee Quality of Facilities Housing Bonus Total Design of Services Need Points Points Wesson 11 6 10 0 27 700 E. Hyman 12 5 10 0 27 ANCILLARY REVIEWS: If you concur with our ratings, both appli- cations meet the minimum threshold for GMP allotment. Should projects receive identical point totals, the Code in Section 24- 11 .3 (a) gives the discretion to Council to "award the allotment to neither or to the project proposing development at the lesser floor area ratio or offering more employee or low income hous- ing." The Planning Office has the following comments regarding special reviews associated with each project. WESSON APPLICATION: A. Employee Housing GMP Exemption: The applicant requests a GMP exemption pursuant to Section 24-11.2(f) of the Muni- cipal Code for one on -site employee unit and a cash -in -lieu en payment for moderate income level employee housing. September 11, 1986 the Housing Authority recommended approval of this request. It should be noted that the on - site unit would be 858 sq. ft., but in accordance with City Housing Guidelines, the rent would be based on the price per square foot of a 700 sq. ft. unit. RECOMMENDATION: The Planning Office concurs with the housing Authority and reeoi�unenda. �P�i.` to"' rommenccl apprr the 4 K parking adjacent to this property. The two one -bedroom residential units will each have one space in the rear while the dental office will have five spaces. We recommend approval of this request subject to the condition that the two residential parking spaces shall be demarked for the use of those tenants. C. Special Review forThe applicant requests approval of a special review for bonus F.A.R. to add approximately 968 sq. ft. of bonus F.A.R. for the employee apartment and employee stairwell. 0 .74:1 F.A.R. is used for the commercial and free market unit space, 'and 0.16 F.A.R. is devoted to employee housing. Section 24-3.5 (a) of the Municipal Code states the criteria for P&Z's review (attached) . The Planning Office believes that the Wesson Building proposal is compatible with the surrounding land uses and zoning. Staff comments in the GMP scoring recommendations pertain to the review criteria of ,,bulk, height, open space, anal visual impact indicates that this appears to be an aceeptable--building design. In addition, it appears that there are ;adequate serwfces. (water, sewer, storm drainage, etc.) to serve the proposed development. The requested total F.A.R. is Office zone district is 1:1. F.A.R. bonus pertains only to and not any additional square to another review. .9:1, while the maximum is the It should be noted that this the square footage requested footage that would be subject RECOMMENDATION: The Planning Office recommends approval of this request for 968 sq. f t. bonus F.A.R. for the employee apartment and employee stairwell subject .to a commitment to landscape the western edge of the property; 71N "`E.'9YMA!r A. Special Review for Reduction in Parking: The appl i.cant requests to reduce the number of on -site parking spaces on the project pursuant to Section 24-4.5 (c) of the Municipal Code from the required 27 spaces to 25 spaces. The appli- cant provides rationale for this request summarized as follows: 1. The number of proposed spaces exceeds the minimum requirement of 1.5 spaces/1000 sq. f t. that can be achieved by special review. The proposed ratio is 2.8 spaces/1 ,000 .sq. f t. 2. 'Access- is provided via- the al -ley which reduces the R 00) 4h) number of spaces which can be provided without going to a sub -grade garage. A sub -grade garage .is unrealistic for this project. 0w 3. The property is he-ut of the commercial core and Hunter Creek and Mountain Valley bus routes. 4. Precedent exists for reducing parking requirements to 1.5 spaces/1000 sq. ft. 5. rBmo use- -propose-d- on th-e---pr-ope-r-ty_ would result_.. -in abnormally such as certain commercial uses permitted in the zone district would. The Planning Office notes that the streets surrounding this proposed project are currently used to their maximum for parking. A parking survey conducted last spring by this office revealed that there is 97% occupancy rate in this area, while 90% is considered maximum. Therefore, there is little possibility that on -street parking will help supple- ment parking supply for this project. The Engineering Department supported the reduction in required parking. Given that the request is f or a minor reduction and the convenient location -a=•- in relation to the Commercial Core, the Planning Office agrees with the Engineering Department. RECOMMENDATION: The Planning Office recommends approval of the requested parking reduction. ALLOWENT ISSUES: The total commercial square footage allotments requested far exceeds the office quota which has 4,000 sq. ft. per year. Awarding development rights to both projects would require future year allocation into 1987 (4,000 sq. ft.) and 1988 (1,947 sq. ft.). By action of Resolution 29, Series of 1_985, City Council did not carry over office square footage which was unallocated last year. The following table summarizes the 1986 commercial GMP compe- tition: Zone Districts CC & C-1 Office CL and other 1986 COMMERCIAL COMPETITION GMP Requests 14,269 sq. ft. 9,947 sq. ft.. L,992 sq. f1t, Quota 10,000 sq. ft. * 4,000 sq. ft. 3,4Q q - � w • o- Z Wet ;4• w e, 7�• • • v • PRQ7ECr NAPE: 700 E. Hyman Date: 9/16/86 P&Z VCTM MEMBERS A. Quality of Design 1. Architectural Design 2. Site Design 3. Energy 4. Amenities 5. Visual Impact 6. Trash and Utility Access 1 2 3 4 5 David Jasmine Welton Ramona dim 1 1 0.5 1 1 1.5 1 0.5 _2 1 2.5 3 2— 2_ 3 1.5 2 0.5 2 2 1 2-0.5 �. 0 -2 2 1 2 3_ 9.5 1-1. �_ 10 10 B. Availability of Public Facilities and Servioes 1. Water Supply/Fire Protection 2. Sewage Di spo sal. 3. Public Transporta- ti on/Roads 4. Storm Drainage 5. Parking SLBTDTAL : .2 2 1 1 2 1 1 -- I 1— 1 1.5 1 1_ �_ 2 C. Provision of Employee Housing 10T -10 10 10 10 TOTAL: D. Bonus Points • v• 9.1- c�Ma��rE MYLER, STULLER & SCHWARTZ ATTORNEYS AT LAW DAVID J. MYLER 106 S. MILL STREET, SUITE 202 SANDRA M. STULLER ASPEN, COLORADO 81611 ALAN E. SCHWARTZ. (303) 920-1018 October 20, 1986 HAND DELIVERED Aspen/Pitkin Planning Office 130 S. Galena Aspen, C08 1611 ATTN: Alan Richman Planning and Development Director RE: Hodge Capital Company GMP Application for the 700 East Hyman Project Dear Alan: As we have discussed, Hodge Capital Company feels confident that it has valid and persuasive grounds for appealing the Planning and Zoning Commission's scoring of the above -referenced project. In addition, we feel that there is a legitimate basis for consideration of a revised project at this time as set forth in my letter of September 29, 1986. Nevertheless, in the interest of avoiding a confrontation over issues which can and should be resolved amicably, Hodge Capital Company is willing to withdraw both the appeal and the request for consideration. Such withdrawal is conditioned upon authorization by the Aspen City Council which will allow the unallocated square footage quota from the 1986 GMP competition in the office zone to be carried over and added to the allocation available for the 1987 competition. It is Hodge's intent to redesign the project in response to the comments and criticism received in the review of the above application and to submit a new GMP application on August 1, 1987. We believe that the new application will be well received by staff and the Commission and, accordingly, we are willing to wait until next year for consideration of the revised project, provided that the unallocated square footage for this year's competition is available. We urge you to present this matter to the City Council as soon as possible. In the meantime, our appeal and request for MYLER, STULLER & SCHWARTZ Aspen/Pitkin Planning Office October 20, 1986 Page 2 consideration of a revised application will remain in effect. Should our appeal not be withdrawn, we do plan to submit additional documentation in support thereof. Very truly yours, MYLER, ST R & SCHWARTZ By: David J. BK1,6r Attorney for Hodge Capital Company cc: Paul Taddune, Esq. Hodge Capital Co. Vann Associates October 2, 1986 Mr. Dave Myler Myler, Stuller & Schwartz 106 S. Mill Street, Suite 202 Aspen, CO 81611 Dear Dave: This letter is in response to your letter dated September 29, 1986 with respect to the 700 E. Hyman GMP application. I have discussed this matter with the City Attorney, Paul Taddune, and have the following comments for you. I am not able to support your request to redesign and resubmit a project for this site. According to Section 24-11.3(e) of the Code: "(e) Not more than one application for any development site shall be entertained in any one year, provided, however, that more than one application, each for a residential, commercial, office or lodge use (if permitted uses within the zone district) may be made if the Planning Office shall determine that each is a distinctly different land use application." This section of the Code means that while you may submit a new residential application for the site, we can only accept a single commercial or office application for the site in any year. This would be consistent with the entire spirit of the growth management quota system, which sets an annual date for submission of appli- cations, putting all landowners in the City on notice as to when development applications can be accepted and reviewed and whether allotments will be granted this year or available for use in future years. In reviewing your letter, I am struck by your comment that the Commission's scoring penalized you for taking advantage of a legitimate exemption. I believe that you are in error in this observation. There is no criterion in the growth management process which scores the floor area ratio calculation. The relevant criteria score such items as size and height of the building, building scale and similar features. It was in this respect that the Commission found design flaws with your building Mr. Dave Myler Oct. 2, 1986 Page 2 because the provision of above grade parking increased, in their view, the size, height and scale of the building, and not because you used a legitimate exemption. As you indicated, I did suggest that the interpretation of the floor area ratio issue would be handled in the process. While I regret not being able to resolve this issue prior to the August 1 deadline, I believe that we endeavored during our project review to come to a fair resolution of the issue. Unfortunately, it was not until September 11 that we received a comment from the Zoning Enforcement Officer suggesting that we look at how the issue was addressed in the case of the expansion of the Applejack Lodge. At this point it became clear that the prior office position had been to count above grade covered parking in floor area calcu- lations. I believe it is my duty to take into consideration all relevant facts which come to light in the review process, no matter when they may be made public, and so our review included the finding that the project had a problem in terms of FAR. When you found that we were not supporting your interpretation, I provided you the opportunity to table the application at that time and redesign it to bring it into conformance with our understanding of the Code. You chose to argue the matter with the P&Z, and were successful in overturning our interpretation. If, however, you felt that the matter was not being properly resolved at that time, you still had the opportunity to table the application following the Code interpretation and prior to the scoring process to discuss how the project could be amended. You chose instead to go forward with the scoring although you now seem to feel that at the time the Commission's negative opinion of the project had been clearly voiced during the interpretation process. It is my conclusion that to allow you to withdraw the earlier design and submit a new one would be contrary to the rules and spirit of the growth management quota system. Providing you this opportunity will penalize other landowners in the office zone who have a right to expect that August 1 is the annual application date, that applications are reviewed by the P&Z in September and allotments are granted by Council in October subject to the right of appeal of scoring, and that once applications are scored and eligibility for allotments is established, that they may rely on the size of the allotment available for next year to start their own project planning. The process you suggest would set a precedent for reconsideration of any future application which does not meet the threshold, making the entire process uncertain and unfair for all participants. The City Attorney and I believe you have the right to appeal my findings to the City Council. We believe that you can raise • 0 Mr. Dave Myler Oct. 2, 1986 Page 3 these issues in an appeal of the scoring, pursuant to Section 24- 11.5(e), since your letter of September 29 provided notice of appeal of the 700 E. Hyman application. If you intend to pursue the appeal, I would expect you to submit a letter to me explaining the basis of your challenge so that staff can evaluate your arguments and present our analysis to Council. Until I have received said letter, I am unable to confirm an agenda date for you. Please feel free to contact me if you have any further inquiries regarding this matter. Sincerely, Alan Richman Planning and Development Director AR: ne c cc: Paul Taddune , City Attorney • • DAVID J. MYLER SANDRA M.STULLER ALAN E. SCHWARTZ MYLER, STULLER & SCHWART7_ ATTORNEYS AT LAW September 29, 1986 106 S. MILL STREET, SUITE 202 ASPEN. COLORADO 81611 (303) 920-1018 HAND DELIVE � n �V Aspen/Pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 ATTN: Alan Richman, Planning and Development Director RE: Hodge Capital Company GMP Application for the 700 E. Hyman Project Dear Alan: At your suggestion, this letter is being written on behalf of Hodge Capital Company to request consideration by the Planning and Zoning Commission of a revised application for GMP review and scoring. In the alternative, this letter will serve as a notice of appeal from the September 16, 1986 scoring of the above -referenced application by the Commission, pursuant to Section 24-11.5(e) of the Aspen Municipal Code. As you are aware, the project proposed in Hodge's initial application included approximately 5,640 square feet of on -grade covered parking. At the time of submission, Hodge interpreted Section 24-11.3.7(e)(3) of the Aspen Municipal Code to provide an unqualified exemption for all forms of covered parking from the calculation of allowable floor area. This interpretation was, however, subject to some doubt as a result of an indication by Bill Dreuding that the Aspen Building Department was interpreting the same provisions to require the inclusion of covered parking in the floor area calculations. Hodge was obviously concerned since, if the building department's interpretation was correct, the project would exceed the allowable floor area. Because Code interpretations are within the purview of the Planning Office, Sunny Vann verbally requested an opinion on the issue in early July and subsequently in a letter dated July 21, 1986. He was thereafter advised that the Planning Office would not be able to provide such an opinion prior to the submission deadline,. but that "the matter would be handled in the process." It was Hodge's understanding, at that time, that such "handling" would include the ability to amend the project to cure problems caused by the inclusion of covered parking. MYLER, STULLER & SCHWARTZ Aspen/Pitkin County Planning Department September 29, 1986 Page 2 Hodge submitted its application on August 1. On September 12, Hodge learned for the first time that the Planning Office would take the position that the proposed covered parking had to be included in the calculation of allowable floor area. We also learned at that time that the Planning Office would ask the Planning and Zoning Commission for its opinion on the issue, which if contrary to Hodge, would cause the project to exceed the allowable floor area. Consistent with our previous understanding, staff indicated that, should the Commission so decide, Hodge would be able to amend its project. Since it was too late to discuss revisions to the project or to attempt to debate and hopefully resolve the conflict at the staff level, Hodge proceeded with the project as initially designed. Hodge appeared at the public hearing of September 16, 1986 and sought to convince the Commission of its interpretation of the floor area rules. At that hearing, planning staff presented its argument in favor of including covered parking and Hodge presented its argument in favor of excluding covered parking. Although begrudgingly, the Commission seemed inclined to agree with Hodge. It was apparent, however, that every one of the Commission members thought that parking should be included in the FAR calculation and that the rules should be amended to so provide. It was also quite apparent that the project was considered by the Commission to be too massive and that it would not score well because of the manner in which parking was incorporated into the design. The public hearing was closed and Hodge then had the opportunity to respond to staff's suggested scoring on a point -by -point basis. Following the discussion, the Commission awarded a score of 24.6, which is 1.2 points below the threshold. The observation that the Commission would, in effect, penalize Hodge for taking advantage of a legitimate exemption, was thus confirmed. An analysis of each Commissioner's scoring also supports that conclusion. The project received a combined .9 for architectural design. Any score of less than 1 denotes a totally deficient design, while a score of 1 denotes a serious "design flaw." The staff report characterized the incorporation of covered parking into the building as a design flaw because it increased the size and bulk of the bulding. It seems clear that the Commission agreed. The discussion of design flaws in the staff report did not identify any problems relating to structural integrity, the MYLER, STULLER & SCHWARTZ Aspen/Pitkin County Planning Department September 29, 1986 Page 3 functioning of the building, safety, access, or any other matter which would normally be considered in relation to design flaws. Rather, the design was considered flawed solely because the manner in which parking was incorporated would cause the building to be larger than if the parking was totally underground or uncovered. In addition, the abnormally low scores, when compared to the Wesson application, for architectural design, visual impact, parking, and site design are, in Hodge's opinion, all related to the Commission's mind set that the exemption for on -grade covered parking is not appropriate. Of fundamental importance to the GMP allocation system is the existence of clear rules and regulations by which an applicant can determine, in advance of a submission and with reasonable certainty, how critical issues will be resolved. Where, as here, an applicant seeks clarification of a critical issue in advance of submission, and is advised to proceed without such clarification on the assurance that an adverse decision on that issue will not be used to disqualify his application, the door to further consideration should not be closed when, in fact, such an adverse decision is rendered. If Hodge had been able to resolve the floor area issue prior to submission, or if Hodge had had a clear understanding of the Commission's feelings about covered parking, irrespective of the floor area rules, a different project would have been submitted. As it was, however, it would have been impossible for anyone to know with reasonable certainty how these issues would ultimately be resolved. Added to the confusion is our understanding that "the matter would be handled in the process" and the indication that revisions to cure problems related to the parking design would be allowed. Under the circumstances, there is no significant distinction between having the application rejected because the parking caused the project to exceed allowable floor area, and failing to meet the scoring threshold because of the manner in which that same parking was incorporated into the design. In other words, whether rejected as a result of an interpretation or scoring makes little difference since the basis for rejection, in either case, was the same. It should also be noted that the extent of redesign which will be involved in a revised application is also the same whether as a result of interpretation or scoring. The net effect of the proceedings to date is that Hodge lost the floor area debate. Accordingly, and in the interest of fairness, Hodge should be entitled to submit a revised application for review and scoring as previously contemplated. MYLER, STULLER & SCHWARTZ Aspen/Pitkin County Planning Department September 29, 1986 Page 4 Despite the fact that Hodge believes that it has grounds for appeal and is prepared to submit argument in addition to that presented herein, we would prefer to redesign and resubmit the project in response to the Commission's obvious preference for smaller building mass. If Hodge is granted the opportunity to have its revised project reviewed and scored, we will concede that the Wesson project has won the scoring competition and we will withdraw our appeal. Regardless of our ultimate score, further review and processing of the Wesson application will be able to proceed as though our revised application were not being considered. If our request for consideration of a revised application is denied, Hodge will proceed with the appeal of the Commission scoring and hereby reserves the right, at your suggestion, to submit additional argument in support thereof. The fact that we are requesting a review for which there is no specific precedent should not deter our attempt to seek a fair and equitable solution to the dilemma facing Hodge. We are prepared to meet with staff at any time to discuss the issues in the hope that staff will support our request. Very truly yours, MYLER, STUt BY & SCHW 'I'Z David J. M DJM:klm cc: Hodge Capital Company Paul Taddune, City Attorney i i VANN ASSOCIATES Planning Consultants October 16, 1986 Mr. Steve Burstein Aspen/Pitkin Planning Office 130 South Galena St. Aspen, Co 81611 Re: Hunter Plaza Commercial GMP Application/Existing Floor Area Credit Dear Mr. Burstein: The purpose of this letter is to clarify Hunter Plaza Associates' position with respect to the existing commercial floor area credit attributable to the so- called Palazzi property. As discussed in the Hunter Plaza Commercial GMP application (see page 5, Develop- ment Data), the applicant believes that the existing building's covered areas should be included in the property's floor area credit. Inasmuch as the Code does not specifically address this issue, these areas were excluded in the original application. Resolution of the issue, however, was specifically requested by the applicant, and the possibility of subsequent technical clarification of the application discussed. As you may know, both Alan and Bill Drueding have indicated that they believe such areas should be excluded from the property's floor area credit. This position, however, is contradictory to both the Planning Office's and Building Department's historical treatment of commercial credits and, to my knowledge, unsupported by either specific Code language or prior application. As a result, Hunter Plaza Associates respectfully request that the Planning Office reevaluate its position so as to allow inclusion of the areas in question. Should the Planning Office concur, the applicant will P.O. Box 8485 • Aspen, Colorado 81612 •303/925-6958 • • immediately "technically clarify" his application resulting in a reduction in the requested commercial GMP allocation. Should the Planning Office adhere to its initial interpretation, then the applicant requests that the issues be resolved by the City Council in conjunction with its allocation of quota to this year's GMP competitors. The applicant's rationale for the inclusion of the building's covered areas in the property's existing floor area credit can be summarized as follows: 1) Section 24-11.2(a) of the Code (the applicable GMP exemption/credit provision) refers to the "...reconstruction of any existing building, provided there is no expansion of commercial floor area..." 2) The Planning Office has historically used floor area as a basis for determining a commercial building's GMP credit. 3) Both the Planning Office and Building Depart- ment have indicated that they interpret Section 24-3.7(e) of the Code to include such covered areas in the building's floor area calculation. 4) A majority of the existing building's business is conducted within the area in question. 5) To the best of the applicant's knowledge, there is no precedent for the exclusion of such areas from the computation of a building's GMP credit. In summary the applicant believes it to be fund- amentally unfair to require that, on the one hand, such areas be included in the building's floor area calcu- lation while, on the other hand, they be excluded from the calculation of GMP credit. In effect, the Planning 0 • Office appears to be saying that if a new building were to be built today, the covered areas would be included in the calculation of floor area and, therefore, subject to the receipt of a GMP allocation. However, if the building was subsequently demolished and a new structure proposed, the covered areas could not be counted in calculating the existing credit even though they were the recipient of a prior GMP allocation. Quite frankly, the logic of this interpretation escapes both myself and the applicant. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. I appreciate your consideration of this matter and am available at your convenience should you wish to discuss it further. Very truly yours, VAN% A&6-0 1ATES unny Xann, AICP cc:AWthony J. Mazza r • 0 PROJECT: CITY OF ASPEN COMMERCIAL GROWTH MMANAGEMENT SCORE SHEET U o M1,14 DATE • 9411A, 1. QUALITY OF DESIGN (exclusive of historic features) (maximum 18 points) . The Commission shall consider each application with respect to the quality of its exterior and site design 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. Fate the following features accordingly: a. ARCHITECTURAL DESIGN - Considering the compatibility of the proposed building (in terms of size, height, location and building materials) with existing neighboring developments. _ RATING: / COMMENT • b. SITE DESIGN - Considering the quality and character of the proposed landscaping and open space areas, the extent of undergrounding of utilities, and the arrangements of improvements for efficiency of circulation (including access for service vehicles) and increased safety and privacX. RATING: ///Z CO MNfE N T : / IV c. ENERGY - Considering the use of insulation, passive solar 1 orientation, solar energy devices and efficient fireplaces and heating and cooling devices to maximize conservation of energy and use of solar energy sources. 1-7 RATING: COMMENT: d. AMENITIES - Considering the provision of usable open space and pedestrian and bicycles ways. filo RATINGCOMMENT: 6 P� Spite ay� ( (�4r"U � e. VISUAL IMPACT - Considering the scale and location of buildings to maximize public views of surrounding scenic areas. RATING COMMENT: - f. TRASH AND UTILITY ACCESS AREAS - Considering the quality and efficiency of proposed trash and utility access areas. RATING: COMMENT: 2 SUBTOTAL: `/_'/�� 2. AVAILABILITY OF PUBLIC FACILITIES AND SERVICES (maximum 10 points) . The Commission shall consider each application with respect to its impact upon facilities and services and shall rate each development by assigning points according to the following formula: 0 -- Indicates a project which requires the provision of new services at increased public expense. 1 -- Indicates a project which 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 the general. 2 -- Indicates a project which in and of itself improves the quality of service in a given area. (In those cases where points were given for the simultaneous evaluation of two services [i.e., water supply and fire protec- tion] the determination of points shall be made by averaging the scores for each feature. 3. WATER SUPPLY/FIRE PROTECTION - Considering the capacity of the water supply system to provide f or the needs of the proposed development without system extensions and without treatment plant or other facility upgrading. Also, considering the ability of the appropriate fire protection district to provides services according to established response times without the necessity of upgrading available facilities. RATING: T COMMENT: b. SEWAGE DISPOSAL - Considering the capacity of sanitary sewers to dispose of the wastes of the proposed development without system extensions and without treatment plant or other facility upgrading. RATING: ` COMMENT: r 3. C. PUBLIC TRANSPORTATION/ROADS - Considering the ability of the project to be served by existing City and County bus routes. Also considering the capacity of major streets to provide for the needs of the proposed development without substantially altering existing traffic patterns or over- loading the existing street system or causing a need to extend the existing road network. RATING: COMMENT d. STORM DRAINAGE - Considering the capacity of the drainage facilities to adequately dispose of surface runoff of the proposed development without system extension. /l RATING: J COMMENT • � / ��; i � c e'-rj e. PARKING - Considering the provision of parking spaces to meet the commercial and/or residential needs of the proposed development which are required by Section 24-4.5 of the Code, and considering the design of said spaces with respect to visual impact, amount of paved surface, convenience and safety. I RATING: COMMENT SUBTOTAL: ("�? Z PROVISION OF EMPLOYEE HOUSING (maximum 15 points) - The Commis- 4 sion shall assign points to each applicant who agrees to provide low, moderate and middle income housing which complies with the housing size, type, income and occupancy guidelines of the City of Aspen and with the provisions of Section 24-11.10. Points shall be assigned according to the following schedule: 0 to 40% of the additional employees generated by the project are provided with housing: 1 point for each 4% housed 41 to 100% of the additional employees generated by the project are provided with housing: 1 point for each 12% housed COMMENT: 4. CONVERSION OF EXISTING QN shall assign points to th a portion of their low purchasing fully constru� Aspen's hswsing guidelir them in comp ation wit assigned accordi to the 1 to 33% of a/11 low ncome units proposer t lie purchased and RATING: 1112 axl= 5 points) - The Commission se appl nts w o,-guarantee to provide moderate middle income units by ,ed unit hic are not restricted to rs a placing eed-restriction upon ction 24-3`1.1 Points �ha-I.1� be Allowing gzfiedule: 'nts mojelk,ate ansYmiddle ap,plieant are d restricted 4 66$ of all ow, mod ate, and middle incom units pr sed by ap icant are to be rchase and;�eed rest is ed 67 to 10 f all' low, moderate n middle income un s proposed by applican are to be pur�ch ed and deed restricte i/`RATING: COMMENT: 5 3 5 5. BONUS POINTS (maximum 8 points) (Note to exceed 20% of the points awarded in Sections 1, 2 and 3) - Commissionmembers may, when any one determines that a project has not only incorporated and met the substantive criteria of those sections, but has also exceeded the provisions of these sections and achieved an outstanding overall design meriting recognition, award additional points. Any Commissionmember written justification awarding bonus points shall provide a of that award for the public hearing record. BONUS POINTS. - COMMENT: / 6. TOTAL POINTS Points in Category l: ( minimum of 5.4 points needed / to remain eligible) Points in Category 2: (minimum of 3 points needed to remain eligible) Points in Category 3: (minimum of 8.75 points needed to remain eligible) SUBTOTAL: Points in Cate- gories 1, 2, 3 & 4 ' (minimum of 28.8 points needed to be eligible) Points in Category 5 TOTAL POINTS: Name of Planning g and Zoning Member: CITY OF ASPEN COMMERCIAL GROWTH MMANAGEMENT SCORE SHEET PROJECT: -)DD 1- DATE • q l 1. QUALITY OF DESIGN (exclusive of historic features) (maximum 18 points) . The Commission shall consider each application with respect to the quality of its exterior and site design 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. Rate the following features accordingly: a. ARCHITECTURAL DESIGN - Considering the compatibility of the proposed building (in terms of size, height, location and building materials) with existing neighboring developments. RATING: COMMENTT 67 / rn f00 61. b. SITE DESIGN - Considering the quality and character of the proposed landscaping and open space areas, the extent of undergrounding of utilities, and the arrangements of improvements for efficiency of circulation (including access for service vehicles) and increased safety and privacy. RATING: COMMENT: / l C. ENERGY - Considering the use of insulation, passive solar 1 0 11 orientation, solar energy devices and efficient fireplaces and heating and cooling devices to maximize conservation of energy and use of solar energy sources. RATING: COMMENT: d. AMENITIES - Considering the provision of usable open space and pedestrian and bicycles ways. RATING: 2i COMMENT: e. VISUAL IMPACT - Considering the scale and location of buildings to maximize public views of surrounding scenic areas. RATING: COMMENT f. TRASH AND UTILITY ACCESS AREAS - Considering the quality and efficiency of proposed trash and utility access areas. RATING: ;;?-- COMMENT: 2 SUBTOTAL: 2. AVAILABILITY OF PUBLIC FACILITIES AND SERVICES (maximum 10 points) . The Commission shall consider each application with respect to its impact upon facilities and services and shall rate each development by assigning points according to the following formula: 0 -- Indicates a project which requires the provision of new services at increased public expense. 1 -- Indicates a project which 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 the general. 2 -- Indicates a project which in and of itself improves the quality of service in a given area. (In those cases where points were given for the simultaneous evaluation of two services [i.e., water supply and fire protec- tion] the determination of points shall be made by averaging the scores for each feature. 3. WATER SUPPLY/FIRE PROTECTION - Considering the capacity of the water supply system to provide for the needs of the proposed development without system extensions and without treatment plant or other facility upgrading. Also, considering the ability of the appropriate fire protection district to provides services according to established response times without the necessity of upgrading available facilities. RATING: 2- COMMENT• b. SEWAGE DISPOSAL - Considering the capacity of sanitary sewers to dispose of the wastes of the proposed development without system extensions and without treatment plant or other facility upgrading. COMMENT: L RATING: 0 i C. PUBLIC TRANSPORTATION/ROADS - Considering the ability of the project to be served by existing City and County bus routes. Also considering the capacity of major streets to provide for the needs of the proposed development without substantially altering existing traffic patterns or over- loading the existing street system or causing a need to extend the existing road network. RATING: COMMENT: d. STORM DRAINAGE - Considering the capacity of the drainage facilities to adequately dispose of surface runoff of the proposed development without system extension. RATING: COMMENT e. PARRING - Considering the provision of parking spaces to meet the commercial and/or residential needs of the proposed development which are required by Section 24-4.5 of the Code, and considering the design of said spaces with respect to visual impact, amount of paved surface, convenience and safety. RATING: COMMENT SUBTOTAL: �. 3. PROVISION OF EMPLOYEE HOUSING (maximum 15 points) - The Commis- 4 sion shall assign points to each applicant who agrees to provide low, moderate and middle income housing which complies with the housing size, type, income and occupancy guidelines of the City of Aspen and with the provisions of Section 24-11.10. Points shall be assigned according to the following schedule: 0 to 40% of the additional employees generated by the project are provided with housing: 1 point f or each 4% housed 41 to 100% of the additional employees generated by the project are provided with housing: 1 point for each 12% housed RATING: i0 COMMENT 4. CONVERSION OF EXISTING UNITS (maximum 5 points) - Th mmission shall assign points to those cants who guarante to rovide a portion of their low, mo erat and middle inco a uni s by purchasing fully constructed units w ' ch are not res ricte to Aspen's housing guidelines a d placin a deed-restri ion u n them in co 'cation with Sec ion 24-11 0. Points hall b assigned ac or g to the folio ing schedul Points 1 to 33$ of all to moderate and middle income un' is propose by appli ant are to be pur ased and d ed restricted 34 to 66$ o all low, m erate and middle 3 income units proposed by pplica t are ;o be purcha ed and deed r strict d 67 t 100% of all low, moder to an middle 5 income nits roposed by appl' cant are to be pur ed and deed restr ,pte RATING: COMMENT: 5 5. BONUS POINTS (maximum 8 points) (Note to exceed 20% of the points awarded in Sections 1, 2 and 3) - Commissionmembers may, when any one determines that a project has not only incorporated and met the substantive criteria of those sections, but has also exceeded the provisions of these sections and achieved an outstanding overall design meriting recognition, award additional points. Any Commissionmember awarding bonus points shall provide a written justification of that award for the public hearing record. BONUS POINTS: COMMENT: 6. TOTAL POINTS Points in Category 1: �j (minimum of 5.4 points needed to remain eligible) Points in Category 2: (minimum of 3 points needed to remain eligible) Points in Category 3: �� (minimum of 8.75 points needed to remain eligible) SUBTOTAL: Points in Cate- 2 gories 1, 2, 3 & 4 (minimum of 28.8 points needed to be eligible) Points in Category 5 TOTAL POINTS: Name of Planning and Zoning Member: M. 0 PROJECT: CITY OF ASPEN COPWRCIAL GROWTH MMANAGEMENT SCORE SHEET Ile)y DATE: 1. QUALITY OF DESIGN (exclusive of historic features) (maximum 18 points) . The Commission shall consider each application with respect to the quality of its exterior and site design 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. Rate the following features accordingly: a. ARCHITECTURAL DESIGN - Considering the compatibility of the proposed building (in terms of size, height, location and building materials) with existing neighboring developments. RATING: �= COMMENT: b. SITE DESIGN - Considering the quality and character of the proposed landscaping and open space areas, the extent of undergrounding of utilities, and the arrangements of improvements for efficiency of circulation (including access for service vehicles) and increased safety and privacy. �w RATING: C. ENERGY - Considering the use of insulation, passive solar 1 • orientation, solar energy devices and efficient fireplaces and heating and cooling devices to maximize conservation of energy and use of solar energy sources. RATING: COMMENT: d. AMENITIES - Considering the provision of usable open space and pedestrian and bicycles ways. RATING COMMENT • L/U vv e. VISUAL IMPACT - Considering the scale and location of buildings to maximize public views of surrounding scenic areas. RATING: COMMENT: 5�10 f. TRASH AND UTILITY ACCESS AREAS - Considering the quality and efficiency of proposed trash and utility access areas. RATING: COMMENT: E SUBTOTAL : 2 . AVAILABILITY OF PUBLIC FACILITIES AND SERVICES ( maximum 10 points) . The Commission shall consider each application with respect to its impact upon facilities and services and shall rate each development by assigning points according to the following formula: 0 -- Indicates a project which requires the provision of new services at increased public expense. 1 -- Indicates a project which 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 the general. 2 -- Indicates a project which in and of itself improves the quality of service in a given area. (In those cases where points were given for the simultaneous evaluation of two services [i.e., water supply and fire protec- tion] the determination of points shall be made by averaging the scores for each feature. 3. WATER SUPPLY/FIRE PROTECTION - Considering the capacity of the water supply system to provide for the needs of the proposed development without system extensions and without treatment plant or other facility upgrading. Also, considering the ability of the appropriate fire protection district to provides services according to established response times without the necessity of upgrading available facilities. RATING: COMMENT: b. SEWAGE DISPOSAL - Considering the capacity of sanitary sewers to dispose of the wastes of the proposed development without system extensions and without treatment plant or other facility upgrading. COMMENT: 3 RATING: i LJ C. PUBLIC TRANSPORTATION/ROADS - Considering the ability of the project to be served by existing City and County bus routes. Also considering the capacity of major streets to provide for the needs of the proposed development without substantially altering existing traffic patterns or over- loading the existing street system or causing a need to extend the existing road network. RATING: COMMENT d. STORM DRAINAGE - Considering the capacity of the drainage facilities to adequately dispose of surface runoff of the proposed development without system extension. RATING: COMMENT e. PARRING - Considering the provision of parking spaces to meet the commercial and/or residential needs of the proposed development which are required by Section 24-4.5 of the Code, and considering the design of said spaces with respect to visual impact, amount of paved surface, convenience and safety. RATING: CO MME N T : SUBTOTAL: 3. PROVISION OF EMPLOYEE HOUSING (maximum 15 points) - The Commis- 4 sion shall assign points to each applicant who agrees to provide low, moderate and middle income housing which complies with the housing size, type, income and occupancy guidelines of the City of Aspen and with the provisions of Section 24-11.10. Points shall be assigned according to the following schedule: 0 to 40% of the additional employees generated by the project are provided with housing: 1 point for each 4% housed 41 to 100% of the additional employees generated by the project are provided with housing: 1 point for each 12% housed RATING: COMMENT 4. CONVERSION OF EXISTING UNITS (maximum 5 points) - The Commission shall assign points to those applicants who guarantee to provide a portion of their low, moderate and middle income units by purchasing fully constructed units which are not restricted to Aspen's housing guidelines and placing a de,p�d restriction upon them in complication with Section 24-11.,Iff. Points shall be assigned accordin to the following sche e: Points 1 to 33% of all low, m de to and middle 1 income units proposed plicant are to be purchased and deed re tricted 34 to 66% of all low, moderate and middle 3 income units proposed by applicant are to be purchased and deed restricted 67 to 100% of all low, moderate and middle 5 income units proposed by applicant are to e purchased and deed restricted RATING: COMMENT: 61 0 C1 5. BONUS POINTS (maximum 8 points) (Note to exceed 20% of the points awarded in Sections 1, 2 and 3) - Commissionmembers may, when any one determines that a project has not only incorporated and met the substantive criteria of those sections, but has also exceeded the provisions of these sections and achieved an outstanding overall design meriting recognition, award additional points. Any Commissionmember awarding bonus points shall provide a written justification of that award for the public hearing record. BONUS POINTS: COMMENT 6. TOTAL POINTS Points in Category 1: ( minimum of 5.4 points needed to remain eligible) Points in Category 2: (minimum of 3 points needed to remain eligible) Points in Category 3: (minimum of 8.75 points needed to remain eligible) SUBTOTAL: Points in Cate- / gories 1, 2, 3 & 4 L (minimum of 28.8 points needed to be eligible) Points in Category 5 TOTAL POINTS: L Name of Planning g and Zoning Member: CITY OF ASPEN COMMERCIAL GROWTH MMANAGEMENT SCORE SHEET PROJECT: DATE: 1. QUALITY OF DESIGN (exclusive of historic features) (maximum 18 points) . The Commission shall consider each application with respect to the quality of its exterior and site design 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. Rate the following features accordingly: a. ARCHITECTURAL DESIGN - Considering the compatibility of the proposed building (in terms of size, height, location and building materials) with existing neighboring developments. RATING: COMMENT b. SITE DESIGN - Considering the quality and character of the proposed landscaping and open space areas, the extent of undergrounding of utilities, and the arrangements of improvements for efficiency of circulation (including access for service vehicles) and increased safety and privacy. RATING: COMMENT C. ENERGY - Considering the use of insulation, passive solar 1 • orientation, solar energy devices and efficient fireplaces and heating and cooling devices to maximize conservation of energy and use of solar energy sources. RATING: COMMENT: d. AMENITIES - Considering the provision of usable open space and pedestrian and bicycles ways. RATING: COMMENT e. VISUAL IMPACT - Considering the scale and location of buildings to maximize public views of surrounding scenic areas. RATING: COMMENT f. TRASH AND UTILITY ACCESS AREAS - Considering the quality and efficiency of proposed trash and utility access areas. RATING: COMMENT SUBTOTAL: 2 2. AVAILABILITY OF PUBLIC FACILITIES AND SERVICES (maximum 10 points) . The Commission shall 'consider each application with respect to its impact upon facilities and services and shall rate each development by assigning points according to the following f ormul a: 0 -- Indicates a project which requires the provision of new services at increased public expense. 1 -- Indicates a project which 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 the general. 2 -- Indicates a project which in and of itself improves the quality of service in a given area. (In those cases where points were given for the simultaneous evaluation of two services [i.e., water supply and fire protec- tion] the determination of points shall be made by averaging the scores for each feature. 3. WATER SUPPLY/FIRE PROTECTION - Considering the capacity of the water supply system to provide for the needs of the proposed development without system extensions and without treatment plant or other facility upgrading. Also, considering the ability of the appropriate fire protection district to provides services according to established response times without the necessity of upgrading available facilities. i RATING: COMMENT: b. SEWAGE DISPOSAL - Considering the capacity of sanitary sewers to dispose of the wastes of the proposed development without system extensions and without treatment plant or other facility upgrading. RATING: COMMENT 3 C. PUBLIC TRANSPORTATION/ROADS - Considering the ability of the project to be served by existing City and County bus routes. Also considering the capacity of major streets to provide for the needs of the proposed development without substantially altering existing traffic patterns or over- loading the existing street system or causing a need to extend the existing road network. RATING: COMMENT d. STORM DRAINAGE - Considering the capacity of the drainage facilities to adequately dispose of surface runoff of the proposed development without system extension. RATING: COMMENT: e. PARKING - Considering the provision of parking spaces to meet the commercial and/or residential needs of the proposed development which are required by Section 24-4.5 of the Code, and considering the design of said spaces with respect to visual impact, amount of paved surface, convenience and safety. RATING: COMMENT SUBTOTAL: 3. PROVISION OF EMPLOYEE HOUSING (maximum 15 points) - The Commis- 4 • sion shall assign points to each applicant who agrees to provide low, moderate and middle income housing which complies with the housing size, type, income and occupancy guidelines of the City of Aspen and with the provisions of Section 24-11.10. Points shall be assigned according to the following schedule: 0 to 40% of the additional employees generated by the project are provided with housing: 1 point for each 4% housed 41 to 100% of the additional employees generated by the project are provided with housing: 1 point for each 12% housed COMMENT: RATING: 4. CONVERSION OF EXISTING UNITS (maximum 5 points) - The Commission shall assign points to those applicants who guarantee to provide a portion of their low, moderate and middle income units by purchasing fully constructed units which are not restricted to Aspen's housing guidelines and placing a deed -restriction upon them in complication with Section 24-11.10. Points shall be assigned according to the following schedule: Points 1 to 33% of all low, moderate and middle 1 income units proposed by applicant are to be purchased and deed restricted 34 to 66% of all low, moderate and middle 3 income units proposed by applicant are to be purchased and deed restricted 67 to 100% of all low, moderate and middle 5 income units proposed by applicant are to be purchased and deed restricted COMMENT: 5 RATING: 0 • 5. BONUS POINTS (maximum 8 points) (Note to exceed 20% of the points awarded in Sections 1, 2 and 3) - Commissionmembers may, when any one determines that a project has not only incorporated and met the substantive criteria of those sections, but has also exceeded the provisions of these sections and achieved an outstanding overall design meriting recognition, award additional points. Any Commissionmember awarding bonus points shall provide a written justification of that award for the public hearing record. BONUS POINTS: COMMENT 6. TOTAL POINTS Points in Category 1: L (minimum of 5.4 points needed to remain eligible) Points in Category 2: (minimum of 3 points needed to remain eligible) Points in Category 3: _ (minimum of 8.75 points needed to remain eligible) SUBTOTAL: Points in Cate- gories 1, 2, 3 & 4 Points in Category 5 TOTAL POINTS: Name of Planning and Zoning Member: r (minimum of 28.8 points needed to be eligible) CITY OF ASPEN COMMERCIAL GROWTH MMANAGEMENT SCORE SHEET PROJECT: �C`J �i lv' .L y L-1 l N C�1 DATE: �- ZI iD 1. QUALITY OF DESIGN (exclusive of historic features) (maximum 18 points) . The Commission shall consider each application with respect to the quality of its exterior and site design 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. Rate the following features accordingly: a. ARCHITECTURAL DESIGN - Considering the compatibility of the proposed building (in terms of size, height, location and building materials) with existing neighboring developments. RATING: COMMENT: b. SITE DESIGN - Considering the quality and character of the proposed landscaping and open space areas, the extent of undergrounding of utilities, and the arrangements of improvements for efficiency of circulation (including access for service vehicles) and increased safety and privacy. RAT I(N�G : COMMENT: O c. ENERGY - Considering the use of insulation, passive solar 1 0 �J orientation, solar energy devices and efficient fireplaces and heating and cooling devices to maximize conservation of energy and use of solar energy sources. RATING: COMMENT: d. AMENITIES - Considering the provision of usable open space and pedestrian and bicycles ways. RATING: COMMENT: e. VISUAL IMPACT - Considering the scale and location of buildings to maximize public views of surrounding scenic areas. RATING: COMMENT:�� cam' ' M�•T �`� 'j�"i �^ i i A: V; 7 c r1 -aChi r1Z4e-Y7 n f. TRASH AND UTILITY ACCESS AREAS - Considering the quality and-se-6 efficiency of proposed trash and utility access areas. COMMENT: K RATING: SUBTOTAL: 2. AVAILABILITY OF PUBLIC FACILITIES AND SERVICES (maximum 10 points) . The Commission shall consider each application with respect to its impact upon facilities and services and shall rate each development by assigning points according to the following formula: 0 -- Indicates a project which requires the provision of new services at increased public expense. 1 -- Indicates a project which 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 the general. 2 -- Indicates a project which in and of itself improves the quality of service in a given area. (In those cases where points were given for the simultaneous evaluation of two services [i.e., water supply and fire protec- tion] the determination of points shall be made by averaging the scores for each feature. 3. WATER SUPPLY/FIRE PROTECTION - Considering the capacity of the water supply system to provide for the needs of the proposed development without system extensions and without treatment plant or other facility upgrading. Also, considering the ability of the appropriate fire protection district to provides services according to established response times without the necessity of upgrading available facilities. RATING: COMMENT b. SEWAGE DISPOSAL - Considering the capacity of sanitary sewers to dispose of the wastes of the proposed development without system extensions and without treatment plant or other facility upgrading. COMMENT: 3 RATING: • i C. PUBLIC TRANSPORTATION/ROADS - Considering the ability of the project to be served by existing City and County bus routes. Also considering the capacity of major streets to provide for the needs of the proposed development without substantially altering existing traffic patterns or over- loading the existing street system or causing a need to extend the existing road network. RATING: COMMENT: d. STORM DRAINAGE - Considering the capacity of the drainage facilities to adequately dispose of surface runoff of the proposed development without system extension. RATING: COMMENT e. PARKING - Considering the provision of parking spaces to meet the commercial and/or residential needs of the proposed development which are required by Section 24-4.5 of the Code, and considering the design of said spaces with respect to visual impact, amount of paved surface, convenience and safety. RATING: COMMENT SUBTOTAL: 3. PROVISION OF EMPLOYEE HOUSING ( maximum 15 points) - The Commis- 4 sion shall assign points to each applicant who agrees to provide low, moderate and middle income housing which complies with the housing size, type, income and occupancy guidelines of the City of Aspen and with the provisions of Section 24-11.10. Points shall be assigned according to the following schedule: 0 to 40% of the additional employees generated by the project are provided with housing: 1 point f or each 4% housed 41 to 100% of the additional employees generated by the project are provided with housing: 1 point for each 12% housed RATING: COMMENT 4. CONVERSION OF EXISTING UNITS (maximum 5 points) - The Commission shall assign points to those applicants who guarantee to provide a portion of their low, moderate and middle income , units by purchasing fully constructed units which are not resericted to Aspen's housing guidelines and placing a deed -restriction upon them in complication with Section 24-11.10. -Points shall be assigned according to the following schedul Points 1 to 33% of all low, moderate and middle 1 income units proposed by applicant are to be purchased and deed restricted 34 to 66% of all low, moderate and middle 3 income units proposed by applicant are to be purchased and deed restricted 67 to 100% of all low, moderate and middle 5 income units proposed by applicant are to be purchased and deed restricted COMMENT: 5 RATING: 0 0 5. BONUS POINTS (maximum 8 points) (Note to exceed 20% of the points awarded in Sections 1, 2 and 3) - Commissionmembers may, when any one determines that a project has not only incorporated and met the substantive criteria of those sections, but has also exceeded the provisions of these sections and achieved an outstanding overall design meriting recognition, award additional points. Any Commissionmember awarding bonus points shall provide a written justification of that award for the public hearing record. BONUS POINTS: L COMMENT 6. TOTAL POINTS Points in Category 1: Points in Category 2: Points in Category 3: SUBTOTAL: Points in Cate- gories 1, 2, 3 & 4 Points in Category 5 TOTAL POINTS: �. (minimum of 5.4 points needed to remain eligible) Name of Planning and Zoning Member: C.1 (minimum of 3 points needed to remain eligible) (minimum of 8.75 points needed to remain eligible) (minimum of 28.8 points needed to be eligible) MEMORAb3DUVI 1 T0: City Attorney SEP 15 9 City Engineer Housing Director Aspen Consolidated Sanitation Dist Aspen Water Department Fire Marshall Roaring Fork Transit Authority Roaring Fork Energy Center FROM: Steve Burstein, Planning Office PE: 1986 City Commercial GMP Competition Application: 700E. Hyman Building Commercial GMP/Conceptual Submission Wesson Dental Building Commercial GMP/Conceptual Submission DATE: August 15, 1986 Attached for your review are two (2) 1986 City GMP/Conceptual Submission Applications. Following is a brief description of the Applicant's requests: 700 E- Hyman Building Commercial GMP The project is proposed on a .vacant 12.,000 square foot parcel of land located at the intersection of Spring Street and Hyman Avenue referred to as the Lucas property.. The property consists of Lot K,L,M, and N, Block 104, City of Aspen.. The applicant proposes to construct an approximately 9,000 square foot office building on the Lucas property, with the ground floor containing 1,660 square feet, the second and third floors containing 3,830 and 3,510 square feet, respectively.. A basement is neither required nor provided.. Wesson Dental Building Commercial GMP The project is proposed at 605 14ain Street, the southwest corner of Main Street and Fifth Street. The property is a six thousand (6,000) square foot corner lot.. The applicant proposes a new dental office requesting office CMP quota of 2.,487 square feet, an on -site employee apartment and a free market residence (the latter is exempt as a residence on an existing vacant lot) . Please review these applications and return your referral comments to Planning Office no later than ,September 1 so we have adequate time to prepare for our presentation before P&Z on September 16, 19 86 . TI)an ]c you.. MYn�13- 'Zo� s ��,.rwGT15v rna A so*e&- Tiii c�.�.su�iiahro/� SRC-�TifTio-- n�ST��ci 1" L S S c v La r. �i1 �, r3 r� i A- L- T,* o J R, r c -r Poo-- �iCS7- ROARING FORK TRANSIT AG ASPEN, COLORADO MEMORANDUM DATE: September 9, 1986 TO: Steve Burstein City/County Planning Office FROM: Bruce A. Abel, General Manager Paul S. Hilts, Director of OperationsT--N— RE: 700 East Hyman Building -Commercial GMP The Roaring Fork Transit Agency can see no major problems re- garding the proposed 700 East Hyman Building Submission. At this time, R.F.T.A. provides bus service along Spring Street via the Mountain Valley, Snowbunny, and d,ownvalley bus routes. In addition, the Hunter Creek bus stops one block south of this site at Cooper and Spring Streets on inbound runs, every twenty minutes. Our only concern would involve the issue of angle parking in this area. Spring Street is one of our major access streets to the Rubey Park Transit Center. We would request that in order to maintain easy access to Rubey Park through this area, that no further angle parking be allowed along Spring Street. Any elim- ination of existing angle parking would be greatly appreciated. pak 0 1 THE CLARK SMYTFi CO. - September 10, 1986 Peter Rose]] The Hodge Company 1505 Bridgeway Blvd. Sausalito, Ca. 94965 Dear Peter, This letter is to inform you that we will do a 30 day extension to our earlier agreement for the purchase of four condominiums at Park Place to satisfy your employee housing requirements. This extension will expire on September 30, 1986. Vey ru y Yours, C�ark Smyt1 Box 3665 . AsPFN, COL.ORM)O 81612 . (303) 925-245 • • TABLE R.- VALUES OF C = 'QuNO RA/NfALL VALUE PROPOSED S V R F A C E S M1N. MAX 2oOF5 /oy to rrmcto/. O.90 1.00 PAVEMENTS Co17Crele or ,Ispho/t. 0.90 1.00 Bi l urninous Open and c%Scd / e . 0.70 0.90 Grove I, fr0/77 e%on o/7d /eo.sc Jo e% e or7d eom oc/. 0.25 0.70 R.Q. YA9.05 0.10 0.30 EA 4TN SURFACES 5,4,V,O, from uniform groin Site, no linCS, /o wet/ y,rOecd, S0,177e cloy or Si/t. Bore 0.15 0.50 Light Pe e%/ion 0.10 o. AO Der75e Ile elolion 0.05 0.30 LOAM, fl-0/n Sono'y or 9rovelly to c/oche y. Bow 0.20 O.Go TO ht Ye eta/ion 0.10 0. a 5 Dense Ve e%lion 0.05 0.35 GRAVEL, from C/eon grovel 0n1="9rove/ Bond m ixfures, no silt or c/oy /o hiyh Glo or S%/f Cor7fCnf. Bore o-2SI 0.65 Li hl ✓e efo/ion 0.15 0.50 Dense 1/c e/ofea O.lo o..Co CLAY, from coos c s o„dy or silty !o pure colloidal c%ys_ Ore 0.30 0.75 Li f VCgelofion 0.20 0.6o En5e Ye e/Olion 0-1-6O. SO Oil , business cireos• 0.60 0.75 oMP--A-5 AREAS _ C/l dense residenlio/oreas, vary os /o soilvnd ve efo/ion. 0.50 o.Gs $uburbon residen/ia/ oreos. �� �� .� 0.35 o.Ss RUrOI 0.10 0.25 Por.Es, Golf Courses, etc., 0.10 0.35 NOTE: 1/c/ues of C "for eorfh SurfOCCS ore further Voricd 6y degree of So/urotion, com�ooction, surfocc irre9ulorj/y and S/oPe, Ay chorocler Of Subsoil, ono' by Presence of frost` or,y/ozcd� snow or ice. ASPEN WATER DEPARTMENT 'D L9 1� ? a 1 ij it 11 MEMORANDUM �- TO: STEVE BURSTEIN, PLANNING OFFIC FROM: JIM MAR$ALUNAS SUBJECT: 700 E. HYMAN BUILDING COMMERCIAL GMP DATE: AUGUST 20, 1986 We have reviewed the applicant's submittal and we wish to reference their comments on pages (3) and (4) pertinent to the availability of water and their proposal to install a fire hydrant on the southwest corner of the property. We concur with the applicant that the installation of the fire hydrant will improve fire protection for the area. Water is available in sufficient quantities in this location and can be provided upon application for the necessary permit. JM: ab VANN ASSOCIATES Planning Consultants July 21, 1986 Mr. Alan Richman Planning and Development Director Aspen/Pitkin Planning Office 130 South Galena St. Aspen, Co 81611 Re: 1986 Commercial GMP Competition/Municipal Code Clarifi- cations Dear Alan: The purpose of this letter is to confirm my under- standing of how the Planning Office will apply certain zoning regulations of the Municipal Code in reviewing this year's commercial GMP applications. As we have discussed, the regulations in question relate to : 1) employee gener- ation, 2) the reduction of trash and utility access require- ments, and 3) the calculation of external floor area. My understanding of the Planning office's interpretation and application of each of the regulations is summarized below. 1. Employee Generation For purposes of calculating the number of fulltime equivalent employees generated by an office building in the O-Office zone district, the appropriate generation factor is three (3) employees per thousand (1,000) square feet of net leasable floor area, as specified in Section 24-11.5(b)(3) (bb) of the Municipal Code. This regulation supercedes the "Professional/Office" employee generation factor of 3.9 employees per 1,000 square feet found on page one of the Housing Authority's 1986 Employee Housing Guidelines. It is my understanding that the generation factor contained in the Municipal Code is based on the variety of uses permitted within the Office zone and will be utilized to determine the 35 percent minimum employee housing threshold. P O. Box 8485 • Aspen, Colorado 81612.303/925-6958 2. Trash and Utility Access Requirements As you know, the trash and utility access requirements of Section 24-3.7(h)(4) of the Municipal Code may be reduced by special review pursuant to Section 24-3.5(b). However, Section 24-11.5(b) (1) (ff) requires that such reductions be obtained prior to submission of an application for a GMP allocation. It is my understanding that this provision has been historically waived, and that requests for reductions are routinely processed concurrently with an applicant's GMP submission. Failure of a GMP application to comply with the requirements of Section 24-3.7(h)(4) does not constitute grounds for rejection pursuant to the general provisions of Section 24-11.3(c)(3). It is fully understood, however, that receipt of an allocation is contingent upon obtaining special review approval pursuant to Section 24-3.5(b) should such approval be required. 3. External Floor Area Section 24-3.7(e)(1) provides, in part, that "The calculation of floor area of a building or portion thereof shall include ... any area under a horizontal projection of a roof or balcony, even though those areas are not sur- rounded by exterior walls, when such areas are necessary for the function of the building." Section 24-3.7(e)(3) provides, in part, that "parking areas ... shall be excluded from floor area calculations in all zone districts." Based on the above, it is my understanding that a surface level parking area located partially underneath the second floor of a building is specifically excluded from floor area calculations, the provisions of Section 24-3.7(e)(1) not withstanding. Inasmuch as the above interpretations are crucial to the preparation of my clients' GMP applications, and that the submission deadline for the 1986 commercial GMP compe- tition is August 1, confirmation of my understanding of the Planning Office's position in a timely manner is essential. Your attention to this matter at your earliest possible convenience would be sincerely appreciated. It should be noted that Bill Dreuding of the Building Department views the interpretation of the Code's floor area regulations in a somewhat different manner, and has deferred disposition of the matter to the Planning Office. 0 • Should you have any questions, please to give me a call. I am available at your discuss the above regulations in detail. Very truly yours, 7Sunny ASSO ES nn, AICP SV:HSJ do not hesitate convenience to MEMORANDOM TO: City Attorney City Engineer Housing Director Aspen Consolidated Sanitation District Aspen Water Department Fire Marshall Roaring Fork Transit Authority Roaring Fork Energy Center FROM: Steve Burstein,. Planning Office RE: 1986 City Commercial GMP Competition Application: 700 E. Hyman Building Commercial_GMP/Conceptual Submission Wesson Dental Building Commercial GMP/Conceptual Submission DATE: August 15, 1986 Attached for your review are two (2) 1986 City GMP/Conceptual Submission Applications. Following is a brief description of the Applicant's requests: 700 E_ Hyman Building Commercial. GMP The project is proposed on a vacant 12,000 square foot parcel of land located at the intersection of Spring Street and Hyman Avenue referred to as the Lucas property. The property consists of Lot K, L,M, and N, Block 104, City of Aspen.. The applicant proposes to construct an approximately 9,000 square foot office building on the Lucas property, with the ground floor containing 1,660 square feet, the second and third floors containing 3,830 and 3,510 square feet, respectively.. A basement is neither required nor provided.. Wesson Dental. Building Commercial GNP The project is proposed at 605 Main Street, the southwest corner of.: Main Street and Fifth Street. The property is a :six thousand (6,000) square foot corner lot.. The applicant proposes a new dental office requesting office GMP quota of 2,487 square feet, an on --site employee apartment and a free market residence (tne latter is exempt as a residence on an existing vacant lot)., Please review these applications and return your referral comments to Planning Office no later than September 1 so we have adequate time to prepare for our presentation before P&Z on September 16, 19 86 . Thank you., N The Hodge Companies Incorporated MI Real Estate Development and Management • 1505 Bridgeway Blvd., August 28, 1986 Mr. Alan Richman Planning and Development Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Co 81611 Re: 7000 East Hyman Building GMP Application Dear Alan, This letter is to confirm the authorization given to Vann Associates to represent us and to submit our application for the Lucas Project. If you have any questions regarding the authorization please call me as soon as possible. Thank you for your attention to this matter. Very ly piTr , Peter C. Rosell Vice President cc: Vann Associates -1505 4 46 7Qh 011t. �j TA cej/ LniihrrfIdi re%L �1e�• �1 Jvi Y�►e ,.c• n Q M• ��; l � '' : ; � " rpm a�W k,� �� �.D/iPap4 4lm�" -1. 111ObD+ Asj. �l I jv. ^ t� .t �J P���t IOW Ir��y1✓. �S)I'rv4��.5 L4 711sf +k�b��� �qo; re 5QYt,4+I4 LA ew-fi?4 ,; �}) I� b izo �t,11 i n, �t•/tit � ��u Z S f� � s ri � � -� I . � rP.! �i�/lam„ t.vl,iv) � — P. Z2` ?4 AN Jp Ilk °I,pops.�, P --{<�l�v>. r1iC �yLIY6H7 ,Atka IoCATIffi, fi g0q.4,11 16 *SPEN/PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 925-2020 -/(G R E : Dear 1>"'^"h This is to inform you that the Planning Office has completed its preliminary review of your Ui --e- -�\ (,_' application for complete- ness. We have determined that your application _ is complete )V,1 ',.-�_ is not complete. The additional items we will require are as follows: Disclosure of ownership (one copy only needed) . Adjacent property owners list (one copy only needed) . Additional copies of entire application. Authorization by owner for representative to submit application. Response to the attached list of items demonstrat- ing compliance with the applicable policies and regulations of the Code, or other specified materials. A check in the amount of $ ___ is due. _ A. Since your application is complete, we have scheduled it f or review by the L on We will be calling you if we need any additional information prior to that date. In any case, we will be calling you several days prior to your hearing to make a copy of the review memorandum available to you. Please note that it (is) (is not) your responsibility to post your property with a sign, which we can provide you. B. Since your application is incomplete, we have not scheduled it for public review at this time. When we have received the materials we have requested, we will be happy to place you on the next available agenda. Please feel free to call k who is the planner assigned to this case, if you have any questions. Sincerely, ASPEN�/PIIiTRIN PLANNING OFFICE Alan Richman, Planning and Development Director AR: jlr