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HomeMy WebLinkAboutagenda.apz.20100406AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, April 6, 2010 4:30 p.m. regular meeting- Sister Cities Room CITY HALL I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS: A. Aspen Valley Hospital: Phase II, 401 Castle Creek -Final PUD and associated land use reviews (continued from 3/16) B. Miscellaneous Code Amendments (continued from 2/16) VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 8 P1 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jennifer Phelan, Community Development Deputy Director RE: Aspen Valley Hospital -Master Facilities Plan (401 Castle Creek Road) -Final Planned Unit Development, Phase II -Resolution No. ---, Series 2010 -Public Hearine (Continued from Mazch 16, 2010) MEETING DATE: Apri16, 2010 SPECIAL NOTE: This staff report is the third memo on the Final Planned Unit Development application for Phase II of the Aspen Valley Hospital Master Facilities Plan. At the March 16th hearing, the Planning and Zoning (P&Z) Commissioners that attended requested a number of items be incorporated into the resolution under consideration. Draft language has been incorporated into the resolution and additional commentary is provided later in the memo. For those who were unable to attend the March 16th hearing, the minutes are included as Exhibit J of this memo. Any past memos are available by date (March 2"d or March 16th) at the following link: http://www.asaennitkin.com/Whats-New- /Calendar-Events/; however, the body of text in March 16t 's memo is included at the end of this memo for reference. Please note that Table 1 has been updated. SUMMARY: At the Mazch 16`h heazing, P&Z requested the following items be considered for incorporation into the resolution: • Wording on vegetative screening along Castle Creek Road. • Wording on exterior colors of the affordable housing. , • Wording on the design of the affordable housing to address the mountain climate and views from the units. • Wording on a reduction in parking on site if Phase II is completed and no other phases are constructed. Additionally, staff is recommending some language either be added or amended: • Amended language with regazd to engineering requirements. • Additional language allowances for solaz and mechanical equipment. • Allocation of pazking spaces for the Whitcomb/AH portion. • Conditions on the usage of the service loop road. Ve¢etative Screening Discussion on screening of the new structures along Castle Creek Road was brought up at the heazing. The following language is being proposed: Page 1 of 8 P2 The hospital will install landscape screening of the Affordable Housing (AH) buildings from Castle Creek Road pursuant to the intent depicted on Sheets L-104 and L-105 (Landscape Plans) of Appendix A of the Final PUD submittal. It is the applicant's intent to preserve views of Highlands ski area from Castle Creek Road while screening the AH buildings with landscape that is installed close to the buildings as well as along the Castle Creek Road. However, it will be necessary to field locate the landscape due to the utility easements, drainage Swale, and traffic sight lines required along this corridor as well as adhere to the Parks Department comments that have been received throughout the review process. Final landscaping shall be approved by the Parks Department. Exterior Colors: affordable housing Another item that was raised at the Mazch 16`h heazing was the desire to use a neutral palette of colors for the affordable housing component of the project. The following language is being proposed for the resolution: The exterior siding and trim of the affordable housing units will be fnished in a color palette dominated by neutral and/or natural tones. Affordable housing design A number of comments were made both on the materials being discussed in the development of the affordable housing and on the design of the housing. Essentially, P&Z members are interested in the architects incorporating design elements that take into account the mountain climate location of the housing and using color schemes that aze not bold. Also, there was some discussion on the design of the affordable housing with regard to allowing for higher finished ceilings on the top level, rather than a dropped ceiling and adding additional glazing in the upper units to take advantage of the higher ceilings and create a nicer interior space. The multi-family housing is required to meet three residential design standazds: orientation, access, and building elements; however, as a PUD, the Commission considers site design and azchitectural chazacter and makes a recommendation to the City Council on these issues which may vary the design standards. Staff recommends that the current design is appropriate for the site and incorporates Council's directive that the housing not be adjacent to pazking and incorporate greenspace. Staff also supports the additional glazing that was discussed at the last heazing and recommends the following language be incorporated into the resolution: The proposed building orientation is appropriate for the site. Garage location along the "rear" of the units meets the intent of the residential design standards. The covered porch elements and entryways facing the greenspace are appropriate and meet the residential design standards with regard to providing a street oriented entrance, principal window and first story element. The ceding and window heights of the living area of the upper units will be designed for high volume space allowingformultiple non-orthogonal windows. Reduction in pazkin¢ At the last hearing discussion occurred on the amount of pazking that will be present at the completion of Phase II but prior to the completion of Phase IV. At the end of Phase II the hospital will be over-parked due to the presence of the existing surface parking, the development Page 2 of 8 P3 of the pazking gazage, and additional surface parking in the region of Whitcomb Terrace. Staff is suggesting that language be included in the resolution that will provide a timeline to remove some of the excess pazking if Phases III and IV aze not competed. With the completion of Phase 11, the number of parking spaces on the site will exceed the amount required to support Phase II. In the event that the Applicant does not withdraw the conceptual application for the master facilities, does not seek amendment to the conceptual PUD approval for the master facilities plan, or does not complete Phase III within 10 years of city council approval of Phase II, the hospital will be required to remove the 71 parking spaces located along the western side of the hospital and detailed in Exhibit C of the resolution. Any existing paving in this area that is not necessary to use as a connection for the service loop road shall be removed. Additionally, 29 spaces will be decommissioned in the parking garage. En~ineerin¢ Since the last heazing Engineering staff has been working with the applicant to confirm that the submitted conceptual drainage analysis is adequate at this point and to clazify what will be required to be submitted as a complete drainage study prior to plat recording. In these discussions, the City Engineer has stated that she will conceptually agree that the drainage plan may meet the city's requirements; however, the applicant will be required to prove that the conceptual design will work. If the proposed design cannot meet city standards, the design will need to be amended to meet city standards. Following is the language incorporated in to the draft resolution: The conceptual drainage design theoretically shows that the proposed design can meet city drainage standards. Final design and analysis shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department prior to recordation of the f nal plat.. If the conceptual drainage design cannot meet city standards, the design will need to be amended and may require review and approval by city council. Adequate handling of snow storage and drainage capacity along Castle Creek Road is required. Pedestrian~bicycle access though the site must be maintained during construction via the construction management plan. Additional detailed comments are included in the Development Review Committee minutes of February 8, 2010 and shall be incorporated into the final drainage plan. Solaz and mechanical equipment: As noted by the Applicant at the last heazing, solaz panels on the roofs of the affordable housing aze being considered. Currently, the land use code permits "antennas, chimneys, flues, vents or similar structures" to extend no greater than ten feet above the specified maximum height limit while mechanical equipment and solaz panels are not allowed to extend greater than five feet above the maximum height limit. Staff recommends that the same allowance be permitted and. recommends the following language be incorporated into the resolution: Antennas, chimneys, jlues, vents or similar structures may project a maximum of ten (10) feet above the roof location the structure protrudes from and water towers, solar panels, and Page 3 of 8 P4 mechanical equipment may project a maximum of five (5) feet above the roof location the structure is placed upon. Pazkine allocation Staff is recommending that the pazking allowances for both the affordable housing and Whitcomb Terrace be allotted in the ordinance so that it's cleaz where pazking will be located. The following language is suggested: Parking provided for Whitcomb Terrace and the affordable housing units will be divided in the following manner: 14 tuck under parking spaces for residents of the employee housing located in under the ajfordable housing units, 8 dedicated parking spaces for residents of the employee housing in the parking garage, 30 surface parking spaces as shown on the site plan to include: 4 ADA spaces and 2 signed as short term parking. Service loop road The Applicant is requesting to include a provision in the resolution to sign the service loop road for service related traffic only to minimize and noise and lighting impacts to their residential neighbors. The following language is requested: The loop service road will only be used for service traffic related to the function of the hospital and signs installed along that route will state that condition. RECOMMENDATION: Since the submission of the application, the Applicant has provided additional refinement on the design of the affordable housing. Staff recommends that the Applicant continue to refine the design, considering the mountain climate location of the housing and consider additional refinement of the group gathering space. Staff has some concern as to whether the space will be successful. Additional work with both the Engineering and the Transportation departments needs to continue with regazd to the drainage and TDM plans; however, Staff recommends that the application be approved with the conditions listed in the draft resolution. PROPOSED MOTION: "I move to approve and make recommendations of approval of the AVH Master facilities plan for Phase II with conditions." ATTACHMENTS: (Bold exhibits aze provided in this staff memo. Contact Staff if copies of previous exhibits aze needed) EXHIB]T A -Application (provided previously to the Commission) EXHIBIT B-Growth Management Review Criteria (provided 3/2/10, 3/]6/10) ExetstT C-Conditional Use Review Criteria (provided 3/2/10, 3/16/10) EXHIBIT D -Subdivision Review Criteria (provided 3/2/10, 3/16/10) EXHIBIT E-Amendment to the Official Zone District Map Review Criteria (provided 3/2/10, 3/16/10) EXHIBIT F-Planned Unit Development Review Criteria (provided 3/2/10, 3/16/10) EXHIBIT G-Referral Agency Comments (provided 3/2/10) EXHI131T H-Addenda to the application dated February 16, 2010 (provided 3/2/10) EXH1131T I - AVH's team response to questions raised on 3/2/10 (provided 3/16/10) Page 4 of 8 P5 ExxIBIT J -Draft minutes of P&Z hearing on 3/16/10 ExxISIT K - Public comment submitted by Nancy Tate Hall, John Goodwyne, Dorothy & Harold Thau ExHisiT L-Applicant's comment on Residential Design Standazds EXHIBIT M -Updated AH site plan, floor plan and pazking count Body of March 16th staff memo SUMMARY AND HEARING QUESTIONS: At the Mazch 2nd public heazing on the Aspen Valley Hospital Master Facilities Plan, the Planning and Zoning Commission raised a number of issues that they asked be addressed in further detail at the next heazing. Staff has addressed some of the questions raised at the previous heazing and the Applicant has provided additional information included as Exhibit I of this memo. Some questions will be addressed at the hearing and a written response is not provided in those instances. I. Affordable Housing Component. A. Fifty percent of each affordable housing unit's finished floor is required to be at or above natural or finished grade, whichever is higher. Is this standazd met? B. A number of questions were geazed towazd "mountain climate" design: roof line, stair treads, drainage, snow storage, ice damming and maintenance over time. How will these issues be incorporated into the design of these new units? C. Provide more detail on the exterior materials of the affordable housing components. D. Has there been any consideration of reducing the height and presence of the residential component? E. Are there any lessons to be learned from Tnxscott? Staff Response: The AVH team will address these questions at the hearing. Included in Exhibit 1 are standard floor plans and updated elevations of the housing. F. How will renting to non-AVH employees work? Staff Response: APCHA requires a minimum six month rental term. Currently this same minimum rental term is used at Mountain Oaks. In speaking to Cindy Christensen, she noted that owners of affordable rentals typically have enough interested employees to keep their housing stock occupied. G. Affordable Housing is supposed to provide for a range of incomes so there is not segregation. Staff Response: The speciftc Aspen Area Community Plan (AACP) policy that is being referred to is, "Affordable housing should reinforce and enhance our community. A healthy social balance that includes all income ranges should be a primary goal of our affordable housing program. Segregating types of people based on their housing need challenges our social stability and should be avoided. Celebrate our diversity by Page 5 of 8 P6 reflecting it in our housing inventory. Avoid housing developments that inadvertently create segregation. " This policy indicates the affordable housing program, as a whole, should include a range of income levels. The policy also notes that "segregating types of people based on their housing needs (or incomes) should be avoided. This sentence can be interpreted as to encourage both an income mix and physical location mix of units within a development. The Land Use Code requires that the units be mitigated at a Category 4 level; however, the applicant has stated that the units will be more diverse containing both Category 3 and Category 4 units. 2) Hospital Component A. Is there a buffer between the gazage and fagade of the hospital? B. Do the population projections (AACP related) dovetail with the hospital's projections of needs? Staff Response: The AVH team will address these questions at the hearing, additional modeling will be provided. C. Why is the squaze footage necessary for the hospital space as approved? Staff Response: During the Conceptual PUD review, the AVH team detailed the sizing needs of the hospital for both the Commission and Council. The AVH team considered the long-term needs and uses of the hospital campus, current trends with the population being served (aging and increasing population) as well current service standards where the hospital is deficient and expansion is necessary to meet national standards. As a result of these deliberations the City Council approved the conceptual square footage of the hospital expansion. 3) General Questions A. What was approved at Conceptual? Staff Response: Resolution No.3 (Series of 2009) approved a full build-out hospital building footprint with an approximate area of 130, 750 sq. ft., containing 214, 095 sq. ft. of hospital and medical office space. A proposed parking structure with an approximate footprint area of 26, 233 sq. ft. was also approved. As part of the approval, an area near Whitcomb Terrace was designated for the future development of approximately eight additional units to Whitcomb Terrace and eighteen to twenty-two affordable housing units. Also included in the resolution, which is provided in the Applicant's application for reference, were exhibits showing the site plan, phasing of the project, as well as conceptual elevations of the hospital expansion. B. Are there any substantive changes from conceptual to Phase II final with Square footages? Table 1. Compazison of Conceptual PUD approval to Proposed Final PUD Page 6 of 8 `"''° Phase Phase II - Phase Phase New , I (proposed lII IV Total ~~'> in Final at ;k z ;, Pte) build w ~ out Existing ~~~S. „,~~ ,tea ~~, 75,700 75,700 Sq. Ft. ~'e, ~~af„ ~.~,.~~ Sub- ~''Fk~~~~ 1,489 1,489 L Vf4 h basement "~~,F%`~.~')wr` .~.s,`': Basement 2d~5$ ` 0 10,094 10,671 3,813 24,578 Level {"`~~za~~ ~LL =' Level One '~` ~~~ 5,721 18,856 32,715 6,128 63,420 , Level Two ;,~f~"~,~,33 Wks'` 0 19,761 6~9 0 26r089 ~~:~ ~~, v, ~':'~ 4,724 24,485 Medical '° 0 12,000. 15,000 0 27,000 Office '~..~~~ ~~~ ; Sub-Total r ~~' ~ e~ '~ 81,421 62,200 64,x&5 9,941 31$36 h ~, ~ ~,~~ ~ . .~.'&~ ~r , ~,mn.- 63,110 216,672 Affordable `~ a 0 20,500 0 0 20,500 ~~e Housing Whitcomb .~M ~' 0 8;000 8,000 ~ Terrace ~ ~ « : ~» Total u~~i~~gl't .~ ~` ~ 81,421 90,700 64r785 9,941 346 63,110 245,172 . _ . ~. _ Notes: 1) According to Conceptual PUD approval, Full Build-out Building Footprint Approximate Area 130,750 sq. ft. 2) According to Conceptual PUD approval, Proposed Parking Structure Approximate Area of Footprint 26,233 sq. ft. 4) 3) The net increase to gross squaze footage due to final Phase II = 2,577 squaze feet. Which includes the following azeas of increase (in squaze feet): • 1,489 -sub-basement was missed in conceptual review • 800 -level two increase 226 -level one increase in Phase II 20 -basement in Phase II C. How did the numbers get originally get approved? P7 Page 7 of 8 P8 Staff Response: The hospital parcel is located in the Public zone district. Any development in the zone district is required to be reviewed through the Planned Unit Development process to set the dimensional requirements of the project. Through the PUD process, the Commission recommended and the Council conceptually approved, with conditions, the master facilities plan. D. Explain how allotments work and how they can be spread over the phases/entitlements? Staff Response: For every calendar year, the city permits a certain amount of annual development allotments to be made available for development applications. Currently, the annual allotment is capped for Residential-free market (18 units), Commercial (33,000 net leasable sq. ft.), and Lodging (112 pillows) development. Once a year, if these capped allotments are not allocated to a project, Council may rollover any unused allotments to the subsequent calendar year. Generally, a request for a project to be allocated growth management allotments is permitted twice in a calendar year. For the hospital, a total of 27, 000 net leasable sg. Jt. is being requested from the 2010 allotment year leaving a balance of 6,000 net leasable sq. ft. for other projects requesting allotments in the 2010 calendar year. The phased nature of the project will be memorialized with individual ordinances for each phase of development. It is anticipated that 12, 000 sq. ft. of net leasable will be memorialized in phase II. Once a development order is issued for phase 11, the allotments will be valid for the term of the vested rights. 4) Transportation A. Additional Comments on the Feedback on the TDM plan? B. More detail on pazking (LJ) plantings, numbers Staff Response: The AVH team will address these questions at the hearing. Staff has also asked a representative from the Transportation department to attend. Below is an updated table of the proposed parking for the site. • 0.Vrv c ..Ej .. ..t,» Conceptual Approval Phase IV Hos ital Surface parking 110 98 Pazking Garage 234 209 Whitcomb/AH Surface pazking 26 44 Page 8 of 8 P9 RESOLUTION N0. _ (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING GOWTH MANAGEMENT REVIEWS, CONDITIONAL USE REVIEW AND RECOMMENDING APPROVAL OF A GROWTH MANGEMENT REVIEW, SUBDIVISION, AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP AND FINAL PLANNED UNIT DEVELOPMENT FOR PHASE II OF THE ASPEN VALLEY HOSPITAL DISTRICT FACILITIES MASTER PLAN, LOCATED ON PARCEL C, ASPEN VALLEY HOSPITAL DISTRICT SUBDIVISION, COMMONLY DESCRIBED AS 401 CASTLE CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 735-121-29-809 WHEREAS, the Community Development Department received an application from the Aspen Valley Hospital District (Applicant), represented by Leslie Lamont of Lamont Planning Services, requesting approval of a Final Development Plan and associated land use reviews for a Planned Unit Development (PUD) for Phase II the Aspen Valley Hospital District Facilities Master Plan; and, WHEREAS, the Conceptual PUD approval (via Resolution No. 3, Series of 2009) conceptually approved a redeveloped and expanded multi-story hospital building and parking garage, affordable housing and site improvements on Parcel C of the Aspen Valley Hospital Subdivision, to be developed in four phases; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Fire Protection District, Pitkin County Commissioners, Environmental Health Department, Parks Department, Aspen/Pitkin County Housing Authority, the Roaring Fork Transportation Authority, the Transportation Department, and the City Utilities Department as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Final PUD and associated land use reviews for Phase II and recommended approval with conditions; and, ~'VHEREAS, pursuant to Section 26.445 of the Land Use Code, Final PUD approval and associated reviews may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, prior to City Council approval, Final PUD and associated land use reviews by the Planning and Zoning Commission requires a public hearing and this application was reviewed at multiple public hearings where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on February 16, 2010, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to March 2, 2010 for further discussion. At the March 2, 2010 public hearing, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the hearing until March 16, 2010 for further discussion. At the March 16, 2010 Planning and Zoning Commission Resolution No._, Series 2010 Page 1 of 10 P10 public hearing, the Planning and Zoning_ Commission opened a dullnoticed public hearing to the Apri16, 2010 public hearing the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and approved certain growth management quota system reviews, a conditional use review and recommended City Council approve the Final Planned Unit Development application and associated reviews for Phase II by a---- to ----- L-~ vote, with the findings and conditions listed hereinafter; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management Review for Expansion or New Commercial Development, Growth Management Review for Affordable Housing, Conditional Use Review, and recommends approval by City Council of Growth Management Review for an Essential Public Facility, Subdivision, Final Planned Unit Development, and Amendment to the Zone District Map for Phase II of the Aspen Valley Hospital Master Facilities Plan. Specifically, these approvals and recommendations of approval permit the Applicant to develop Phase II of a four phase master facilities plan inclusive of 12,000 sq. ft. of net leasable conunercial and office space for the development of medical offices, twenty-two affordable housing units, an expansion of the hospital facility by -17~C4-50,200 gross square feet (excluding the parking garage) and site improvements as shown in the floor plans of Exhibit A of this resolution. Section 2: Growth ManaEement Annual Allotments The Applicant requests 27,000 sq. ft. of net leasable commercial and office space from the 2010 annual allotment allowance for coininercial development. This allotment represents the total net leasable square feet necessary to construct the entire master facilities plan over the course of the proposed four phases of development. For Phase II, only 12,000 sq. ft. of net leasable commercial and office space is proposed leaving a balance of 15,000 sq. ft. to be used in subsequent phases in subsequent years. Required affordable housing mitigation shall be based on the amount of net leasable conunercial and office space proposed in each phase of development. Section 3: Plat and Agreement The Applicant shall record a subdivision/PUD plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval if City Council provides final approval of the growth management review for an Essential Public Facility, Subdivision, Amendment to the Zone District Man and Final PUD request. Section 4: Building Permit Application The building permit application shall include the following: Planning and Zoning Commission Resolution No._, Series 2010 Page 2 of 10 P11 a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted city standards. e. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. 1) As part of the construction management plan for Phase II improvements, provisions shall be made to ensure that parking for Aspen Valley Hospital visitors, staff and construction workers will be accommodated in a location other than in the Health and Human Services lot. 2) As the Hospital, Health & Human Services Center and Senior Center are all co-located on one campus, and there will be the addition of at least affordable housing and structured parking in Phase II, the Hospital is required to work collaboratively to improve traffic flow, pedestrian access and signage to the greatest extent possible to provide auser-friendly experience for citizens using all of the facilities. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. A detailed excavation plan for review and approval by the City Engineer. h. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section ~: Dimensional Re uirements and Other Recommendations The Planning and Zoning Commission recommends to City Council that l'the redevelopment of the. property in Phase II as presented shall meet the dimensional standards as outlined in Exhibit B of this resolution. Additionally, the Commission recommends that the following recommendations be incorporated into the Final PUD approval. a. The exterior siding and trim of the affordable housing units will be finished in a color palette dominated by neutral and/or natural tones. b. The proposed building orientation is appropriate for the site. Garage location along the "rear" of the units meets the intent of the residential design standards. The covered porch elements and entr r~vays facing the greenspace are appropriate and meet the residential design standards with regard to providing a street oriented entrance, principal window and first story element. The ceiling and tivindow heights of the livir~ area ofthe upper units will be designed for high volurne .space alloivin,~for multiple non-orthogonal windows. Planning and Zoning Commission Resolution No._, Series 2010 Page 3 of 10 P12 concept ual application for the master facilities, does not seek an amendment to the conceptual approva l for the master~acilities plan or does not complete Phase III within 10 years o city council approval of Phase 11, the hospital will be required to remove the 71 parking spaces located along the western side of the hospital a nd detailed in Exhibit C of the resolution. Any existing paving in this area tha t is not necessarv to use as a connectionfor the s ervice loop road shall be removed. Additionally, 29 spaces will be decommissioned irs the parking garage. d. Antennas, chimneLs, }hies, vents or similar structures rnayproject a maximum of ten (10) feet above the roof location the structure protrudes from and water towers, solar panels, and mechanical equipment may project a maximum of five (S) feet above the roof location the structure is placed upon. e. Parking Drovided for Whitcomb Terrace and the affordable housing units will be divided in the ollowinQ manner: 14 tuck under parkin spaces for residents o the employee housing located in under the affordable housing units, 8 dedicated parkin paces .for residents o the employee housin ig n the parkinggarage, 30 surface parking spaces as shown on the site plan to include: ~ ADA spaces and 2 signed as short term parking. e hospital will install landscape screening of the Affordable Housing (AH) buildings from Castle Creek Road pursuant to the intent depicted on Sheets L-104 and L-105 (Landscape Plans) o~ppendix A of the Final PUD submittal. It is the applicant's intent to preserve views of Highlands ski area from Castle Creek Road while screening the AH buildings with landscape that is installed close to the buildings as well as alon the Castle Creek Road However, it will be necessarv to field locate the landscape due to the utility easements, drainage su~ale, and tra c sight lines required along this corridor as well as adhere to the Parks Department con:rnents that have been received throuehout the review process. Final landscaping shall be roved by the Parks Department Section 6: En~ineerin . ~ ' ~ as ~ aaa . ~ ~.... +~,e n,,,.,t:,..,.,..,,,a r•:+., ~.,n;.,eo,. „ .. t„ ,. , t,,, r;+., r~.,,,,,,.;i 'rt,e r•~n b b b ' b b b Aspen Municipal Code, Title 21 and all constriction and excavation standards published by the Engineering Department prior to recordation of the final plat. If the conceptual drainage design cannot meet city standards, the design will need to be amended and ma r~require review and approval by city council. Adequate handling of snow storage and drainage capacity along Castle Creek Road is required. Planning and Zoning Commission Resolution No._, Series 2010 Page 4 of 10 P13 Pedestrian/bicycle access thou,..gh the site must be maintained during construction via the ~an_„ ~ ~- Section 7: Affordable Housing a. The affordable housing provided in Phase II of the project shall be eight (8) studios and fourteen (14) one-bedroom dwelling units meeting the size and rental rates of Category 3 and 4 affordable housing units of the APCHA guidelines. b. Rental units area allowed with the following conditions: 1) The deed restriction shall state that the hospital has a priority to rent the units for hospital employees; however, if a unit is unoccupied for forty-five (45) days, the hospital shall rent the unit to another qualified employee of Pitkin County. 2) All tenants shall be approved through APCHA prior to occupancy. 3) The owner shall convey an undivided 1/10~' of 1% ownership interest in the deed restricted units to APCHA. The APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units. 4) If the owner elects to sell the units, the hospital shall condominiumize the units by forming a condominium association for the deed restricted units only. All documents associated with creating an HOA shall be approved by APCHA 5) A deed restriction shall be recorded prior to the issuance of a Certificate of Occupancy. All units require a lease for a minimum of six months. Section 8: Fire Mitigation NFPA 13 needs to be applied to the residential component of the project. Final configuration of the fire sprinkler and fire alarm systems needs to be approved prior to installation. Adequate turning radii need4 to be provided at the main entrance of the hospital and the grade level parking. Fire hydrant locations must be approved prior to installation. I'he top level of the parking structure must accept the superimposed weight of fire department apparatus. Section 9: Utilities Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of Planning and Zoning Commission Resolution No._, Series 2010 Page ~ of 10 P14 the Aspen Municipal Code, as required by the City of Aspen Water Department. Additional II. a t, nta.,~„ : „t,,,to ., .,~+o.. .. n„o..,, ^ n r r+:t:+„ ..,t.,,, , . • > ~~ . .,,,+ .,tt,,,,, ~+,.,,,.+,, .~ ,.a~ ,,.;+t,:,, r t+:t:+.. r..,~o,,,e.,+~ „ ~ .,,t n n ~>i~ ~, 1171,;+~.,,,-., 1, To~.,,.el t, r ; .,+ tt,o ,,,,rt,;,,,~ „ .., .,, t,o ; a,.+t„ t~t„te,t ~ ~ , Section 10: Sanitation District Reauirements a. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not comlected to the sanitary sewer system. b. On-site utility plans require approval by ACSD. c. Oil and Grease interceptors (NOT traps) are required for all food processing establishment,: Locations of food processing shall be identified prior to building permit. d. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor. e. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. f. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. g. All ACSD fees must be paid prior to the issuance of a building permit. h. Any-1 !;;; glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. i. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. Planning and Zoning Commission Resolution No._, Series ?010 Page 6 of 10 P15 j. Applicant's civil engineer will be required to submit existing and proposed flow calculations. k. Easements for the main sanitary sewer line as well as access easements, dedicated to the district, will be required. 1. Applicant will be required to deposit funds with the district for construction costs, engineering fees, construction observation fees, and fees to clean and televise the new main sewer line extension into the project. m. The sewer service line from the ambulance barn shall be connected to the proposed new sanitary sewer service line in the access road loop. n. Both the sewer service line from the hospital and the ambulance barn shall be excavated and capped ofF adjacent to Meadowood Road in the Meadowood subdivision, and the corresponding easements shall be properly and legally abandoned. o. The applicant shall provide the district with proper representation that will show all means and methods to preclude any and all pathological, radioactive, heavy metals, and any other hazardous material on the list of EPA prohibited toxic discharges. Section 11: Environmental Health ! lx~ tThis development will increase vehicular trips resulting in a negative effect on the air quality if mitigation measures are not implemented. To provide such mitigation, the Applicant may pay the City of Aspen's Air Quality Impact Fee. The Applicant should design the parking garage to ensure ventilation is adequate to prevent carbon monoxide from reaching high levels and exhaust ventilation should not be placed near any windows or doors. Adequate recycling space needs to be provided as well as wildlife proof trash containers. Section 12: Exterior Li~htin~ All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.75.150, Outdoor lighting. Section 13: Parks A. An approved tree permit will be required before any demolition or access infrastructure work takes place. Please contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site. The overall mitigation for removals during this phase of improvements already has a carry over from the construction of the Obstetrics Unit. B. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees on site. The vegetation fence shall be installed at the edge of the construction impact~I as depicted on page P 101, Master Site Phasing Diagram. This fence must be inspected by the city forester or his/her designee (920-~ 120) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. There should be a location and standard for this fencing denoted on the plan. C. General Landscaping notes Planning and Zoning Commission Resolution No._, Series 2010 Page 7 of 10 P16 1) New landscape along the paved trail should be no closers than 2-feet when the species reaches maturity. A 2-foot fall zone should be maintained along both sides of the paved trail. Locations will be reviewed approved durine building_permit submission and field verified. 2~The drip lines of the new landscaping along the proposed Nordic alignment should not encroach over the edge of the trail easement. Mature landscaping should not grow into the trail easement requiring maintenance or interfere with the grooming equipment. Locations will be reviewed approved during building permit submission and field verified. New landscaping at the trail intersections for the Terrace and the Hospital entrance, pages L-10~ and L-106, needs to be reconsidered. -t,~~~~~ape-detail-s-a~~-~~-icy-hn~-=.•~i';l '~~~.~.,~~ :.-Ssite lines are required to be maintained.an~' ~•*°~~^^^° ~ ~-"~^~ b ~ b F 6t3S ~C-~F6i~.-~~~~~5i~ -S~kB'ai~7g-i~c-~ ~ b i'-~@iiiiu=r~E'a--'ir"r ~ttra-ivE-&t~-ccrn~~ 1, 55 „,a +, D. Parks reserves the ri~htrt~c~;~~.t~-:~-#i~;~:,-~1~~:+~~~=to field locate the Nordic trail in an effort to decrease some of the proposed slopes. Once a final alignment for the Nordic trail is determined and approved by the Parks Department the alignment and use shall be memorialized with a trail easement granted by the Hospital to the City of Aspen for use as a trail easement. This should be identified (called out) on the site plans and in a signed easement document. Support of the proposed Master Plan Facility is contingent on acquiring an easement. E. Staff willr•:~,i:~s~~ t~j-review in more detail the proposed culvert crossing for the summer trail and the proposed Grasscrete access the paved trail for snow reemoval with the construction drawings. Warning signs will need to be installed at the snow dump. entry, "driveway crossing" F. The current proposed Nordic alignment should align with the connection to the existing trail located across Castle Creek Road. The connections and turns have to be able to allow for the operation of a snow cat based on the machines specifications and capabilities to properly groom. G. It is critical that that the construction of the detention ponds and the trail alignments are completed prior to the start of the winter seasons. Not'.=,.~!:-~ =,~-jt~ r~~-;~1~~~~ :~~:~• construction activities of any kind shall=.,> take place within the Nordic alignments, or around the Nordic alignments. Construction impacts to these areas will greatly reduce the skiers experience and more importantly viability of the snowpack. Planning and Zoning Commission Resolution No._, Series 2010 Page 8 of 10 P17 H. A trail detour plan shall ;~~a-be developed as..part of the construction mana eg_ment plan during the construction project in order to allow for the continued public access along the south side of Castle Creek Road. I. If there is any storm runoff terminating on or in the Marolt property into the storm basin located near the roundabout, there should a discussion on formatting an agreement for maintenance and to make improvements to the out fall located on City property in order to correctly convey the water to the pond. Section 14: Transportation An initial transportation demand management (tdm) plan has been submitted with the Final PUD application for Phase II of the AVH master facilities plan. The tdm plan, as presented, needs additional detail to be comprehensively evaluated. The Applicant shall work with. Transportation department representatives to develop a detailed tdm plan, based upon the comments provided in the DRC minutes dated 2/3/2010, prior to review of the Final PUD application by City Council. Section 1~• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless anlended by ail authorized entity. Section 16• This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 17• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16~' day of March, 2010. APPROVED AS TO FORM: Jim True, Special Counsel ATTEST: PLANNING AND ZONING COMMISSION: Stan Gibbs, Chair Planning and Zoning Commission Resolution No._, Series 2010 Page 9 of 10 P18 Jackie Lothian, Deputy City Clerk Exhibit A A VH Master Facility Plan, Phase II Exhibit B -Dimensional Standards, Phase II Exhibit C -Proposed parking to 6e removed Planning and Zonin, Commission Resolution No._, Series 2010 Page 10 of 10 ~ d ~~~ ~ ~ ~~ _ ~ _ > mom ~~ y~ 8~ gF q n~NV °~o=~ °_' :4~=5 6ou ..g~ ~~m ~=~5 F~~ ~$R~X os~ 4v~F6 ,'y9'Q ~~yci 4~a n6Y~. °o Fg~n3 a; Ei~® ~~ ~~~j~ ~ P 19 ~ ~., ~ . . ,, ~ ~ ~~ a=: Aa ~E`-t~i=l~: `i ~vn~o= E RO ~P ~ _ no ~ ~ ` ~ E _~i5 '.1 h~i P20 ~~,4~3C~~ ~~ Phase II Dimensions Matrix & Empbyee Housing Mitigation Matrix ~~ REVISED March 11, 2010 ,~c~~~ A. Section 26.445.050 Review Standards Final PUD -Establishment of Dimensional Requirements There are no prescribed dimensions for the Public zone district. All dimensional requirements shall be established with the adoption of a final PUD development plan. The proposed dimensions for Phase II are: 1. Existing Site Conditions Description Area (S. F.) (Acres) Totalproperty-Parcel"C"* 832,085 19.1 Building foot prints 90,849 2 Impervious surface -buildings, parking areas, paved roads including curb and 190,700 4.3 gutter, drainage pans, sidewalks and bike path 550,536 12.6 Open Space 2. Proposed @ Build Out (Phase IV) Description Area (S. F.J (Acres) Total property -Parcel "C"* 83-8;383 18.8 820,315 Building foot prints & parking garage ~~ 191,289 ~3 4.4 Impervious surface -buildings, parking areas, paved roods including curb and 0 ~~ gutter, drainage pans, sidewalks and bike path paved roads including curb and 193,850 4.4 gutter, drainage pans ~' 9.9 Open Space _..., 435,176 *minus the „~ 11,770 square feet that will De grantea w auJaceni N~ ~N~~ ~r ~.• Revised Dimensions Matrix March 11, 2010 Page 1 3. Slope Analysis Slope % Land Area Sq. Ft. Reduction Net Area 0-20% 85% 7gg;$jysr702,788.5 0 79g,8~5702,788.6 20%-30% 7.6% 63,546.5 60`Yo 31,773.2 309'0> 6.53'0 53,980.0 100% 0 Total 818,383 820,315 or 18.8 acres "',~~'~ 734,561.7 or 16.8 acres ~~~~~~ , Note: based upon a review of the slope analysis map ror rarcei u, most of use w~u ~~ e~ ~a~=~ ~~~r=~ ~~ not natural and appear to have been formed as part of the development of the site. 4. Existing & Proposed Floor Area for Phase II: Existing Floor Area Additional Floor Area Total @ Phase II Build Out Ambulance Barn 3,830 3-,830 Whitcomb Terrace/ Senior 17,206 8,000 26,2D6 Center CEO Residence 3,500 3,500 Hospital' '=76,421 4°~-~4T50,617 "`127,038 On-site Employee Housing 20,500 20,500 Total Floor Area Sq. Ft. ' ^^~ 78,-949 6 Defined by the LUCZ 100,957 79,117 180,074 Floor Area Ratio w/out .13:1 .24:1 parking garage3 Parking Garage 44,160 44,160 Total Floor Area Sq. Ft. ~~ g 227;55 Defined by the LUC 100,957 123,277 224,234 Floor Area Ratio w/garage .3:1 1 Includes Phase I square footage - 5,721 sq. ft. 2 A subgrade story with no exposed exterior surface wall area is excluded from floor area calculations. 3 Lot Area = 732;539 sq. ft. 734,561.7 square feet Revised Dimensions Matrix March 11, 2010 Page 2 P21 P225. Additional Project Dimensions for Phase II: Minimum Lot Size: 18.8 acres or 88,383 820,315 square feet Minimum Lot Width: The approved site plan will establish a site specific location of the buildings. Minimum Front Yard: The approved site plan will establish a site specific location of the buildings. Minimum Side Yard: The approved site plan will establish a site specific location of the buildings. Minimum Rear Yard: The approved site plan will establish a site specific location of the buildings. Maximum Site Coverage: 4~% 239'0 or 4.4 8 acres or 336 193,850 square feet -which includes all buildings, pavement, stairs, walkways, bike paths and the parking garage (impervious surfaces) Maximum Height of Hospital Addition & Garage: Two story element: 31 feet to the top of the parapet Three story height at new service yard: 54 feet -this is greater than conceptual because the grades for [he loading dock has been pushed down to avoid raising Castle Creek Road elevation by roughly 5' as originally proposed Parking structure at north end (max. exposure J: 30 feet 6 inches Parking structure stair tower at north end: 36 feet Height of the on-site employee housing: From the courtyard: 23 feet 6 inches from the driveway side: 33 feet 6 inches Height of Whitcomb addition: From entrance-grade: 24 feet From lower level driveway: 36 feet Revised Dimensions Matrix March 11, 2010 Page 3 Minimum distance between buildings on the lot: between the AH and Whitcomb addition - 60' between the Hospital and Whitcomb Terrace/Pitkin County Senior Center- 70'-8" Minimum 3'0 open space for the building site: §~% 533'0 of the site will remain open which ircludes all pervious surfaces and detention basins Trash access area: the first service yard area back of the property - 4,192 square feet the second service yard area adjacent to the parking garage - 5,286 square feet Minimum off-street parking spaces: 436 - includes garage r,~ (210), surface 1~T (215), employee & senior housing (44) P23 Revised Dimensions Matrix March il, 2010 Page 4 r,,rLl~,~,T- it ~ ~ o~ /' /- \ od~~ 3+~~ ~ ~ coxoe4 / W/ Mf 011[11 OI lR b1MC ~y ~ ~~ i~ - ~ ~/ .; _M I ~ ~I~ ' ~~. ~I I b I rl I I ~. .. P~ PAJEB ,,~~ I , ~ o ~i '~~~ ilk ~ ~~~ ,,~~ WA PAR~~Y C ASPE A PARCEL OF LAND SITUAI TOWNSHIP 10 SOUTH, RF COUNTY OF PITKI~ SHEET NATCHUNE SHEET 4 -~.IATCFICIRE Sf1EEf 5- iY a .~~..~,~ ~~~ ~_ 5~ 5~~1ry ~~.~~~~ ~-~/~~ [. ~` P P~JF9 `~f ~i\ ~m~ ^ t ®~ 4~ \ Yvk S Bader LS /3BBIS a fP"~,[ d P25 EXHIBIT B Chapter 26.470, Growth Management Quota System 26.470.070 (4), Affordable housing. The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standazd. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Boazd of Directors. Staff Finding: The Applicant notes that each studio will be approximately 505 sq. ft. while the one bedroom units will be 701 sq. ft. At Category 3 and 4, the units will meet the minimum size requirements required by APCHA Guidelines. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Pazagraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash-in-lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, acash-in-lieu payment shall require City Council approval, pursuant to Pazagraph 26.470.090.3. Required affordable housing may be provided through a mix of these methods. Staff Finding: The Applicant is proposing 22 on-site studio and one-bedroom units to be located on the hospital campus. Eight studio units are proposed housing 10 employees, while fourteen one-bedroom units will house 24.5 employees for a total of 34.5 employees housed on the site. Additionally, Resolution No. 3 (Series of 2009) notes that the hospital district may use 57 credits for employee mitigation in the form of previously purchased/developed affordable housing units (Beaumont, Mountain Oaks and the CEO residence). With both the housing being developed on-site and the credit available to the district, the total employees housed equals 91.5 employees. c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable azea is at or above natural or finished grade, whichever is higher. Staff Finding: The applicant has noted that this standard is met in the design of the units. d. The proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned P26 qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi-municipal agency shall not be subject to this mandatory "for sale" provision. Staff Finding.• The Applicant is requesting that the new unit be permitted to be rental unit. As a taxing district, the hospital is nol subject to the `for sale" provision. 26.470.080 (1), Expansion or new commercial development. The expansion of an existing commercial building or commercial portion of a mixed-use building or the development of a new commercial building or commercial portion of a mixed-use building shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on general requirements outlined in Section 26.470.050. Staff Finding.• In Phase II, the applicant is requesting to develop 12, 000 sq. ft. of net leasable commercial office space in the form of medical offices. As part of Resolution No 3 (Series 2009), the Applicant is permitted to use the Mixed Use zone district employee generation rate. As such 3.7 employees are generated for every 1,000 sq. ft. of net leasable area (NLA); however, the employee generation rate is reduced by 25% or 2.775 when located on a second story. Section 26.470.050 requires that "60% of the employees generated by the additional commercial or lodge development" be mitigated. Following is the employee generation calculation: 12, 000 sq. ft. / 1, 000 sq. ft =12 12 X 2.775 = 33.3 employees generated 33.3 *.6 =19.98 employees required to be mitigated The on-site affordable housing, with its mix of studio and one-bedroom units will house 34.5 employees. This in excess of the requirement generated with the development of 12, 000 sq. ft. of medical off ce space. 26.470.090 (4), Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: P27 a. The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Finding.' In Phase II, the applicant is requesting 47, 860 in gross square footage to develop and expand the hospital function of the parcel. The director has found the hospital function of the property to be considered an Essential Public Facility and Council has determined that the employee generation rate for the hospital be based on actual audits. P28 Exhibit C Sec. 26.425.040. Standards applicable to all conditional uses. When considering a development application for a conditional use, the Plazming and Zoning Commission shall consider whether all of the following standards aze met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standazds of the Aspen Area Community Plan, with the intent of the Zone District in which it is proposed to be located and complies with all other applicable requirements of this Title; and Staff Finding: The affordable housing component implements parts of the AACP and located in a neighborhood that contains a mix of residential and institutional uses. Specifically, the neighborhood contains both single family and multi family residential dwelling types, as well as other affordable housing developments. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the pazcel proposed for development and surrounding land uses or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Staff Finding.• The neighborhood contains both single family and multi family residential dwelling types, as well as other affordable housing developments. C. The location, size, design and operating chazacteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding: The proposed development of affordable housing is clustered on the more developed portion of the site and is designed to tray and minimize adverse effects. Vehicular circulation is proposed around the perimeter of the housing and off-street parking is generally proposed to tuck under the existing units, limiting impacts to other user groups on the site. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems and schools; and Staff Finding.• Referral departments have reviewed the proposal and believe adequate services are available for the development. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; Staff Finding.• Not applicable. The conditional use request is for the development of affordable housing. P29 Exhibit D Sec. 26.480.OSO.Review standards. A development application for subdivision review shall comply with the following standazds and requirements: A. General requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan 2. The proposed subdivision shall be consistent with the character of existing land uses in the azea. 3. The proposed subdivision shall not adversely affect the futwe development of surrounding azeas. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding.• The proposed redevelopment and expansion of the hospital is consistent with the character of the neighborhood that includes a mix of housing types as well as social services, is consistent with policies of the AACP, will not impact future development of surrounding areas and will meet required adopted standards. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfaze of the residents in the proposed subdivision. 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding: The proposed redevelopment and expansion of the hospital is located on land suitable for development and the redevelopment is proposed on an area of the site that already contains development minimizing the impact of development of the meadow area on the northerly end of the parcel. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standazds may be vazied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development azeas and/or the goals of the community. P30 2. The applicant shall specify each design standazd vaziation requested and provide justification for each vaziation request, providing design recommendations by professional engineers as necessary. Staff Finding. The proposed redevelopment and expansion of the hospital site are proposed to meet adopted subdivision design standards. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement housing program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding.• The proposed redevelopment and expansion of the hospital site provides for on- site affordable housing and is in compliance with Chapter 26.470, Growth Management Quota System. E. School land dedication. Compliance with the School land dedication standazds set forth at Chapter 26.620. Staff Finding: The proposed redevelopment and expansion of the hospital site provides affordable housing and a placeholder for the future development of senior housing. The application notes that the school land dedication fee-in-lieu shall be paid for the affordable housing units but requests that the future development of senior housing not be subject to the fee- in-lieu. The applicant will need to be granted an exemption, in the future, from the school district. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH- PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, §2; Ord. No. 12, 2007, §§29, 30) Staff finding: The proposed redevelopment has requested growth management allotments as required. P31 Exhibit E Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding: The amendment is not in conflict with any portion of the Land Use Code and simply memorializes the site specific development plan proposed by the hospital and required by the Public zone district by designating it with a PUD overlay. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding: The redevelopment and expansion of the hospital campus implements goals and policies of the AACP. • By providing affordable housing, it contributes towards a critical mass of permanent local residents with the Aspen Community Boundary -Managing Growth, Goal B, pg I8. • The redevelopment of the campus contains development within the urban growth boundary to contain and limit sprawl- Managing Growth, Goal D, pg 19. • The site has multi modal transportation options through the trail system and bus service, promoting transit and pedestrian friendly lifestyles -Managing Growth, Goal E, pg 19. • The Applicant is proposing a Transportation Demand Management plan to reduce the impacts of automobiles and promote alternative modes of transportation - Transportation, Goals E and G, pg 23. • By making improvements to the trail and bus stop the Applicant is able to "Maintain and improve the appeal of bicycling and walking... by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate... " (Goal C, pg 22) • By using a palette of materials and range of building forms the design "Makes every public project a model of good development, on all levels, from quality design to positive contributions to the community fabric. " (Goal B, pg 43) • The provision of affordable housing on the site helps "Create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods... " (Intent, pg 25) C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood chazacteristics, Staff Finding: The proposed amendment memorializes the proposed expansion and redevelopment of the hospital campus including affordable housing units and the essential public facility. Both uses are compatible with surrounding land uses that include other residential and essential public facility uses. D. The effect of the proposed amendment on traffic generation and road safety. P32 Staff Finding: The proposed PUD overlay will not affect traffic generation; however, the expansion of the existing hospital facility and addition of affordable housing will increase traffic generation. The applicant is responsible for a proportionate share of the impacts (as outlined in the Conceptual PUD approval) and is proposing other measures to mitigate traffic impacts. E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Finding: Demands on public facilities can be met, for example water supply and sewage serviced, and additional mitigation measures are proposed to limit the impacts the redevelopment will cause. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: The application proposes to structure the expansion and redevelopment on the southerly portion of the property, where development currently exists. The northerly portion is proposed to remain in essentially a natural state. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Staff Finding.• The hospital use of the property and proposed affordable housing is consistent with the existing use of the property and surrounding uses that include residential an d public services. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The proposed PUD overlay is consistent with the existing uses of the parcel (hospital) and adds residential housing which surrounds much of the hospital campus. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding: The proposed redevelopment of the campus is not in conflict with the public interest and meets the purpose and intent of the land use code. P33 EXHIBIT F Chapter 26.445, PLANNED UNIT DEVELOPMENT Sec. 26.445.050. Review Criteria couceptual, final, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with the following standazds and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standazds shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding.• The redevelopment and expansion of the hospital campus implements goals and policies of the AACP. • By providing affordable housing, it contributes towards a critical mass of permanent local residents with the Aspen Community Boundary -Managing Growth, Goal B, pg 18. • The redevelopment of the campus contains development within the urban growth boundary to contain and limit sprawl- Managing Growth, Goal D, pg 19. The site has multi modal transportation options through the trail system and bus service, promoting transit and pedestrian friendly lifestyles -Managing Growth, Goal E, pg 19. The Applicant is proposing a Transportation Demand Management plan to reduce the impacts of automobiles and promote alternative modes of transportation -Transportation, Goals E and G, pg 23. By making improvements to the trail and bus stop the Applicant is able to "Maintain and improve the appeal of bicycling and walking... by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate... " (Goal C, pg 22) • By using a palette of materials and range of building forms the design "Makes every public project a model of good development, on all levels, from quality design to positive contributions to the community fabric. " (Goal B, pg 43) • The provision of affordable housing on the site helps "Create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods... " (Intent, pg 25) 2. The proposed development shall be consistent with the chazacter of existing land uses in the surrounding area. Staff Finding: The proposed development is on a large tract of land that acts as a campus setting for the hospital, senior housing, ambulance barn, and health and human services building. The property is close to open space and some dense P34 residential neighborhoods. The development is an expansion of an existing use with the addition of affordable housing. The site is adjacent to other residential and affordable housing developments a well as institutional uses. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: Staff believes that this development will not adversely affect the future development of the area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding. The Applicant has made a Growth Management Application as part of the Final PUD application of Phase IL Under the current proposal, the application will be reviewed as an essential public facility (for the hospital operation) which has no cap on the square footage granted in a calendar year, require growth management approval for the development of new commercial space/medical clinics (net leasable) where the 27,000 sq. ft. requested (for tall phases of development) is available from the 2010 growth management year and the development of affordable housing is not capped. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements for the subject property aze appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding azea. Staff Finding: The dimensional requirements allow for the expansion of the hospital while minimizing the footprint of the hospital and maintaining open space. At a final review level, the proposed building expansion and its location on the site, as well as the affordable housing location, is compatible with the character of the area. b. Natural or man-made hazards. P35 Staff Finding: No known natural hazards exist on the lot. The relocation of the hell pad will reduce a potential man-made hazard. c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Staff Finding.• Most of the development proposed is within areas of the site that have already been impacted by development. The applicant is proposing to maintain a large percentage of open space and natural vegetation on the site. d. Existing and proposed man-made chazacteristics of the property and the surrounding azea such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding: The applicant is proposing a service loop road with certain improvements to separate circulation by use. Improvements with regard to vehicular circulation are appropriate as well as pedestrian improvements. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding: The Applicant is proposing to concentrate the redevelopment to an area that is already developed with both the hospital and Whitcomb Terrace, minimizing~the impact of the new development and maintaining a large amount of undeveloped land on the site. As noted earlier, a large portion of the site is undeveloped and the proposal will maintain that feeling of openness. 3. The appropriate number of off-street pazking spaces shall be established based on the following considerations: a. The probable number of cazs used by those using the proposed development including any non-residential land uses. b. The varying time periods of use, whenever joint use of common pazking is proposed. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d. The proximity of the proposed development to the commercial core and general activity centers in the city. P36 Staff Finding. The current on-site parking totals 201 spaces. The Applicant provided a summary of the parking needs analysis in the Conceptual PUD application. The analysis considered alternative modes of transportation that can be used to get to the hospital and reduced the estimated number of off-street parking spaces needed for the redevelopment by approximately 20% from the originally estimated need of 350-400 for Whitcomb Terrace, the hospital and the medical office space. The conceptual PUD application approved 339 spaces without considering the impacts of an expansion of Whitcomb terrace or new affordable housing units. Twenty four additional parking spaces are proposed currently for a total of 363 spaces. Staff f nds the minor expansion in parking a reasonable accommodation to the additional development on the site approved by council. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a. There is not sufficient water pressure, drainage capabilities or other utilities to service the proposed development. b. There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development. Staff Finding. Sufficient infrastructure exists to service the development although some upgrading is required. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a. The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b. The effects of the proposed development aze detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding.• The applicant is proposing to mitigate for stormwater impacts as well as incorporate Transportation Demand Management techniques mitigate potential impacts. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. P37 a. The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific azea plan to which the property is subject. b. The site's physical capabilities can accommodate additional density and there exists no negative physical chazacteristics of the site, as identified in Subpazagraphs 4 and 5, above, those azeas can be avoided or those chazacteristics mitigated. c. The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattem, land uses and chazacteristics. Notes: a. Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final PUD Development Plan. b. The approved dimensional requirements for all lots within the PUD aze required to be reflected in the final PUD development plans. Staff Finding.• The applicant is proposing housing on-site as approved by council and not requesting an increase in density. C. Site Design. The purpose of this standazd is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made. features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town aze preserved or enhanced in an appropriate manner. Staff Finding: A large portion of the site is undeveloped and in a natural state. The redevelopment is proposed to maintain that feel and limit the developed area of the 19 acre site. Staff finds this criterion to be met. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding: As mentioned previously, a large portion of the site is undeveloped and in a natural state. The redevelopment is proposed so as to maintain that feel and limit the developed area of the 19 acre site. Staff finds this criterion !o be met. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehiculaz and pedestrian movement. P38 Staff Finding: The proposed building is generally oriented towards the public street but is set back from the street which contributes to the more open feel of Castle Creek Road. Existing vegetation currently screens the hospital. The proposed affordable housing does not face the street and additional consideration should be given to the interaction of the housing with Castle Creek Road. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding: The City of Aspen Fire Marshal has reviewed the proposal, and has noted that final details on the service loop road will be necessary in the future. The Fire department has also discussed necessary turning radius for the ground level parking. 5. Adequate pedestrian and handicapped access is provided. Staff Finding: According to the Application, the project will comply with all applicable requirements. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding: According to a letter submitted by the Applicant's engineer, site drainage will be handled with retention ponds in the more natural, undeveloped area of the site. Additional work and information is currently being handled with the City Engineer. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding: The Application has developed the master plan to accommodate the multiple functions at the site: helicopter access, ambulance and service access, as well as patient access. Staff finds this criterion to be met. D. Landscape Plan. The purpose of this standazd is to ensure compatibility of the proposed landscape with the visual chazacter of the city, with surrounding pazcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and vaziety of ornamental plant species suitable for the Aspen area climate. P39 Staff Finding.• The Applicant has provided landscaping on the site plan in the application and has developed the landscaping to correspond with the two development zones of the project: developed and natural. A number of new plantings are proposed with a more intensive/traditional landscaping near the hospital and natural grasses, serviceberry and gambel oak in the natural areas. 2. Significant existing natural and man-made site featwes, which provide uniqueness and interest in the landscape, aze preserved or enhanced in an appropriate manner. Staff Finding: The undeveloped area of the site provides a natural open setting. Enhancements in this area preserve these features. 3. The proposed method of protecting existing vegetation and other landscape featwes is appropriate. Staff Finding: The Applicant will provide a final landscape plan in with the Final PUD. This will ensure existing landscaping is preserved or mitigated for if it is to be removed. Parks has reviewed the plan and has some minor comments. E. Architectwal Character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed azchitecture of the property, represent a chazacter suitable for and indicative of the intended use and respect the scale and massing of neazby historical and cultwal resowces. Staff Finding.• A variety of materials are being proposed for the redevelopment of the hospital: glass, masonry, and stone. As an institutional type of use, the conceptual design reflects the use of the building with a palette of materials that fit well on the site. With regard to the affordable housing, a simple palette of materials is proposed. Staff recommends that the Applicant consider additional massing and articulation options to vary the massing of the affordable housing, based on the elevations submitted in the application. 2. Incorporate, to the extent practical, natwal heating and cooling by taking advantage of the property's solaz access, shade and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding: The Applicant has noted that the building is expected to be designed to achieve LEED certification and that it is anticipated that the building is designed and constructed in an environmentally sustainable way. Staffftnds this criterion to be met. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding: Snow storage is anticipated to be handled by removal and relocation in the drainage basin. P40 F. Lighting. 1. The purpose of this standazd to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding.• The Applicant will comply with all lighting regulations in place. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: The proposed amount, location, and design of the common park, open space, or recreation azea enhances the chazacter of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of yeazs) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similaz manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation aeeas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding.• There is no specifc common open space for the benefit of the development; however, two trails on the site are for the benef t of the public and will be provided appropriate easements. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. P41 Staff Finding: The Water, Sanitation, and Electric Departments reviewed this application and determined there is adequate service for this development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding: At this time no adverse impacts on the public infrastructure are anticipated. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding: The Applicant has been working with a number of eity departments to ensure that adequate utilities/facilities are provided on-site. 1. Access and Circulation. (Only standazds 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding: Staff believes that all structures and uses will have appropriate access to a public street. 2. The proposed development, vehicular access points, and pazking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding.• Staff believes the adding a service access road, improvements the access drives for both the hospital and Whitcomb Terrrace will improve circulation on the site. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers aze provided through dedicated public trail easements and aze proposed for appropriate improvements and maintenance. Staff Finding: The Applicant will provide specific easements for both the Nordic trail and the Castle Creek trail. P42 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation aze proposed to be implemented in an appropriate manner. Staff Finding: The Parks department has reviewed the application and found that the proposed improvements are adequate. 5. Streets in the PUD which aze proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Staff Finding: There are no internal streets proposed as part of this PUD. 6. Security gates, guazd posts, or other entryway expressions for the PUD, or for lots within the PUD, aze minimized to the extent practical. Staff Finding: There are no gates or guard posts proposed as part of this PUD. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. Staff Finding: As required by the Conceptual PUD each phase of development is required to be memorialized and mitigated for prior to development of the subject phase. ~~~~ Aspen Planning & Zoning Commission -Minutes March 16, 2010 P43 Chairperson, Stan Gibbs called the meeting to order at 4:45 p.m. Commissioners in attendance: Stan Gibbs, Bert Myrin, LJ Erspamer and Cliff Weiss. Excused were Michael Wampler, Jasmine Tygre, Jim DeFrancia and Brian Speck. Staff present: Jim True, Special Counsel Jennifer Phelan, Deputy Planning Director Kathy Strickland, Chief Deputy Clerk Aspen Valley Hospital: Phase II, 401 Castle Creek -Final PUD and associated land use reviews (cont'd from 3/2) Stan Gibbs opened the continued public hearing. Jennifer Phelan stated that the agenda item is a continuation of Phase II of the Aspen Valley Hospital master facilities plan. At the March 3`d hearing the commission was provided background information on the conceptual approval; a review of the improvements for Phase II; and there was the opportunity for the P&Z to raise questions so that information could be provided tonight. The memo provides answers to a number of topics such as affordable housing, the hospital component, transportation and some genera] questions. Russ Sedmak, architect presented further details of the design intent of the affordable housing units, materials, massing and roof design (power point presentation). The floor plan drawings represented the eastern edge of the development only. The other units showing the L shaped configuration are not shown. Russ focused on what the parameters are and how they relate to the entry components, stairs and roof overhangs and grading. Russ explained that they are still in the process of determining the staggering of the units so the power point is different than what is in the packets. The concept and number of units are still relatively the same. We have attempted to create studio units that are three levels on the ends of the courtyard with one bedroom units staggered in three modules that are basically three stories tall. There are additional units above garages. On the first floor of the housing design the entries are all at the eastern side or the courtyard side, the common area and then you come into the kitchen zone. The units are a little more than 500 square feet. On the one bedrooms you have 500+ living area with an entry and a bedroom and bath configuration. The units on the site are designed to take advantage of as much exposure for southern daylight to come into the living areas as possible. It also helps to stagger the units creating 2 P44 Aspen Planning & Zoning Commission -Minutes March 16, 2010 more of an undulating fagade for the buildings. With the design we are utilizing central stair and landing components that reach the upper levels of the building, second floor in particular so that the entries are in between the units. This also eliminates the number of stairs that would be needed. The roof design has an overhang of 2 '/z feet which means that the stairways between each unit are essentially 2/3 covered by the overhang. At the last meeting we discussed the practicality of having flat roofs. The popup corners help relate to the exterior architecture of the building so that we are not completely dealing with flat boxes on the site. There is a slight slope down into the center drain of each of the modules to collect snow and rain. Throughout the city there are numerous examples of flat roofs that are used. We have tuck under parking in some of the buildings and not in others. There is also surface parking and space in the parking structure for up to 8 of the housing units. There are 14 garages for the housing development itself and we feel it is the right combination in reducing the amount of surface parking on the site and not taking away the needs of the hospital. The site is sloped and we have a 9 foot difference in grade from the entry point of Whitcomb terrace on the west to the entry point in the far end units that have the garages underneath them. We cannot lower the buildings anymore. Jason, Design Workshop, said what exist in the parking area is a large loop that currently has 28 parking spaces. In its place we propose 30 spaces.. The garages park 14 cars and we have 8 units that are allocated to the parking structure. Materials: Russ Sedmak stated that a material will be applied to the. flat portion as well of the raised portion of the roofs that is a seamless covering similar to that of the hospital. The product allows for a profile to be utilized that basically mimics a standing seam metal roof even though it is a poly type product. We also have the option to change the color and possibly we will vary the colors of the roofs. Hardy board/batten is a material selection and the upper panel would be a smooth surface that creates variation in the overall look of the massing of the building. The color hasn't been chosen but will be neutral and the idea is a lighter color on the base and a greenish to slate on the upper portion of the building. Light colored accents would be on the fascia. The stairs are a combination of heavy timber stringer with expanded metal treads to help with slip resistance. The balcony railings will be light and airy, horizontal and a very thin line. 3 P45 Aspen Planning & Zoning Commission -Minutes March 16, 2010 LJ Erspamer asked if the applicant intended to use heat tape on the roofs and if they conversed with the Alps which has had drainage problems. Russ said he didn't feel there was necessarily a need for the heat tape and they haven't talked with anyone at the Alps. Russ explained that the roofs drain internally. LJ also asked about the cover that prevents snow and ice dripping onto the stairs and balconies. Russ said the overhang is about 30 inches wide that will partially cover the stairs. LJ said 8 people will be parking in the garage. Where do they park when unloading groceries etc. Russ said the surface parking lot has two additional spaces and it is our feeling that two or four spaces could be assigned as short term parking to be used between Whitcomb terrace and the housing development so that there is ample parking. LJ asked John Kruger, transportation, if a traffic analysis report has been prepared. John said a traffic study has been worked on and a TDM plan was worked on with the hospital. Staff has worked. with the hospital on the plan and we are still working through the issues to finalize it. Cliff asked if the location of the parking has changed anything with Whitcomb terrace and the issue that the residents of Whitcomb terrace might have a further distance to walk. Russ said there are only two or three residents that drive. Cliff asked if the raised portion of the roof encompassed a vaulted ceiling on the inside. Russ said they won't necessarily have vaulted ceilings. The final design and fabrication will be completed by a modular housing company. We are not sure of the premium that would be paid for the vaulted ceilings. We had contemplated the vaulted ceiling with additional window area above but we need to be sensitive about light pollution and we don't want to over glaze the building. Cliff pointed out that 7`h and Main has large yellow panels of hardy plank with staggered seams about 4 x 8 and the panels are warping. The material selected worries me but I do understand design wise you are breaking up the facade. We need to find out if 7`h and Main is have difficulty with the panels. Russ said he will look at the panels and the joints. Stan Gibbs asked what the increase in parking was. 4 P46 Aspen Planning & Zoning Commission -Minutes March 16, 2010 Leslie Lamont, AVH representative said currently there are 175 parking spaces onsite which does not include Whitcomb terrace which has 28 parking spaces. Stan said we are going to 209 in the parking garage, 98 on the surface for the hospital area. Leslie pointed out that the 98 spaces are for the total end of phase IV. At the end of phase II we will have 469 parking spaces. Stan said at the last meeting Cliff asked about the buffer between the garage and the facade of the hospital. Russ said they could submit a detailed drawing on how the planter is going to work in that location for the record. Stan said what he would like is a detailed drawing when you are standing on the surface of the parking garage looking at the hospital, what would you see. Cliff said he brought up the question and the concern is if you were a patient in the hospital what are you looking out at. How can we make it more attractive for the patients. Bert thanked staff for including the letters of conceptual. One of the questions was about the bus stop on Castle Creek Rd being moved off the road. Jennifer said Karen Ryman wrote the letter and her concern is how the drop off of patients works. Staff has been meeting with Engineering and the Transportation Dept. and RFTA and the AVH team to come up with as best as possible solutions for improvements in the RFTA bus stop area. Service will be the same; you can ask for a stop and be dropped off. With regard to the improvements we are looking at turning radiuses of the buses to safely be able to turn and not turn into oncoming traffic. There are some changes being proposed to the pedestrian path. Leslie said most importantly the bus stop will be lengthened so that two buses can cue behind each other and they will be set back out of the travel of Doolittle Drive. Bert asked if the bus plan will be included in the resolution. Leslie Lamont said at final there will be an exhibit of the plan that will be recorded with the ordinance. Bert also asked if there should be something in the P&Z resolution about 8 affordable housing units parking in the garage. Jennifer said she can include that in the final resolution. 5 P47 Aspen Planning & Zoning Commission -Minutes March 16, 2010 Bert asked about the affordable housing rentals and what happens if they are rented to anon-hospital employee. Jennifer explained that the leases are a minimum of six months. If they were to rent to anon-hospital employee the soonest that they could put a new hospital employee in would be the end of the six month term. Bert said on the power point the handicapped access units were not identified. Russ explained where the units are. Bert said another concern is that the tallest part of the building was accented. Why are we making something taller that already appears to be three stories. Russ said we are only talking about four feet and it isn't on all the units. When you look up at the building from the bike path and roof if all the roofs were flat it would be a less interesting architecture so we were trying to create some variation. Bert said it seems odd that the highest parts of the buildings are getting higher. Bert said at the last meeting one of the questions was related to the Truscott project and was there anything learned from that project. Jason said the three primary things taken away from the process of Truscott has to do with the visibility of the color and screening of the units. A lot of what happened, particularly phase II was the coloration of the buildings and the proximity of those buildings both to the entry road to the golf course and the fact that it is right on the 18~' green. It is right across from the club house and is a dramatically different style of architecture and it really jumps out. They were originally painted bright colors. The response was immediately negative to those colors. The sample board with the slate gray and then off white are receding neutral colors. The city added screening plant material to Truscott and made a point to purchase larger plant materials. The open area where the drainage is we can add a lot of screening plant materials. We can't hid the buildings from the road but we can take advantage of the area between the road and trail and the trail up to the units to plant plant materials as much as we can. Stan opened the public hearing. There were no public comments. The public hearing portion of the agenda item was closed. Stan recused himself at 5:50 p.m. Bert asked if the planting plan or idea of plantings be incorporated in the resolution. A recommendation on screening should be included since this is the Castle Creek Valley. Most things up there currently recede into the wilderness. LJ said trees should not be planted in front of the windows. 6 P48 Aspen Planning & Zoning Commission -Minutes March 16, 2010 Jim True said we have taken the position once a quorum has been established and a person leaves it will not defeat the quorum. In order for this to move forward it would have to be a unanimous vote. Jim pointed out that the board could continue the meeting on a 2-1 vote. Comments and questions: Bert discussed flat roofs and why in affordable housing they look like stacked trailers whereas the Little Nell time share has a flat roof and they have a whole different look. Russ said they looked at putting the units together in a more traditional fashion where the roofs slope down in both directions to try to minimize the overall height. We felt having a combination of roofs would add interest to the design. We tried to define residential modules that look like they are part of a village of houses. A flat roof is a competent design for snow. Bert inquired about the solar panels on the roof and how snow will be removed from them in the winter. Russ said typically the collectors are mounted on a frame work that is elevated. Cliff Weiss said Russ this did not fall on deaf ears it was an architectural feature to bump up that one corner; P&Z did not vote in conceptual to build affordable housing but Council said that some affordable housing had to be built. Cliff said that now the housing will be held to the Aspen Area Community Plan and the standards that they have been successful with affordable housing versus unsuccessful. Cliff said the community has made it clear that they want a certain amount of quality but they don't want you to be able to hear your next door neighbor flushes his toilet, that's not what Council wants P&Z to build. Cliff said that he liked the bumped up architectural feature but he would say that needs to have some glazing, vaulted ceilings for the living quarters as well as visually from the outside. Cliff said that he was willing to live with the height because you are giving us something that visually is attractive. Cliff complimented the applicant on what P&Z had to say about snow mitigation on the roofs. LJ Erspamer said that he was shocked that they showed a photo of the Aspen Alps and what a nightmare .with that style of roof but they make better products now to take care of the roof. LJ asked if the height limitation kept the flat roof. Russ replied there were some height limitations for the modular construction methodology; we can work around that but we will probably be rendering the architecture less interesting. Russ said that any hospital roof surface products have 7 Aspen Planning & Zoning Commission -Minutes March 16, 2010 improved and the hospital has a high confidence level with the roof that will last 30 years as long as people aren't up there cutting holes in it. LJ said the flat roof with the drain in the middle would cause problems in this climate and the building department will decide what will be done. Russ replied that there will be an R-30 rated insulation in the attic space. Cliff said there were lots of buildings in Aspen that have flat roofs; his concern was with roofs where architects forget that snow is going to come down off these roofs and land on somebody's head or a walkway. Cliff said the roof should not be of concern. LJ asked if there were problems with the roof. Russ replied that it was a 30 year product from an engineering standpoint and safety standpoint. Bert asked about the white or light grey wood-like siding and above that was a heavy looking product; he thought the design guidelines wanted just the opposite with the heavy looking at the bottom. Jennifer replied that it was talking about materials not colors. Bert asked if that met that material attempt at heavier materials. Jennifer responded that it doesn't talk about colors. Russ replied the top material was lighter because it was flat and could be perceived as a metallic product and just a covering of the wall and'the lower material was ribbed with a vertical profile, which was an appropriate mix. Bert asked about the population projections for AVH and the community in the staff memo. Jennifer replied that they did not have population projections into the future. Bert asked how something was built without having some concept of a community standpoint of where the future's taking us. Cliff stated during conceptual the hospital presented a great deal of information about outpatients versus overnight patients; the number of births so it wasn't strictly population it was the service that AVH thought they needed to provide and justified their phases with each piece of floor area that they need. Cliff said that at conceptual AVH discussed why they were building what they were building; they justified parking and talked a lot about office space and how the medical profession would be located there to a great extent. Cliff said that he was concerned about going there again because to a great extent they have covered it. LJ agreed with Clif£ Bert said that he was not here for that conceptual. Bert asked if the 12,000 square feet of net leasable office space has been justified. Jennifer answered yes at the conceptual it was approved at 22,600 for the medical office space and the hospital is now looking at 27,000. Bert asked if the 27 was in the resolution on page 9. Jennifer said the hospital is projecting what their needs will be at Phase 3, which was 4400 square feet more. Jennifer said that the P49 8 P50 Aspen Planning & Zoning Commission -Minutes March 16, 2010 applicant was asking for final approval for Phase 2 and when they come for Phase 3 they will be asking to memorialize the 15,000 square feet that they were approved for allotments from 2010. Bert voiced concern for the affordable housing sitting half empty. Jennifer replied that as an essential public facility the growth management section basically implies that you need all of your allotments to move forward so the hospital was trying to memorialize what they need from one allotment bucket. Jennifer suggested that Dave speak to some of the issues brought up at Council that in 20 years down the road we need more hospital how do we insure that the hospital stays where it is and the hospital is thinking in the long term of some of the medical office space and what could come down the road if there was a need for additional hospital space. Bert said that his concern was just the opposite; what if we build too much. Bert wanted to go through the resolution. Cliff asked why are you asking for 4400 additional square feet of medical office space; what justifies that. Dave Ressler answered that the amount of programs and that amount of medical office space program is built by each physician and every specialty of practice and the sum total was 27,000. Dave Ress]er said the reason that it increased by 4400 square feet was in the original design but then they started moving hospital operations into the medical office space, which was about 4400 square feet worth and he didn't realize this at first and this is what is needed at this time. Cliff asked if they didn't project the need, the demand for this space wouldn't be build. Dave answered absolutely. Jennifer said that there may be some reworking of Section 6: Engineering. Cliff suggested a little more glazing in the vaulted ceilings on the affordable housing. Bert also wanted to see the screening in the resolution. Jennifer said that the applicant was given approval at conceptual for a certain size building. Dave Ressler noted that moving the parking structure 15 feet closer to the building has given 15 more feet along that east side and taking out the 3 or 4 parking spaces on the deck and creating that notch that has given a little more space there. Dave said that some of the limitations that they were up against were things like site lines from the intersection going out on Castle Creek Road that even these two evergreen trees and it becomes more challenging on the site and they will plant with trees up the hill above the trail. Dave said all of that. compliments the clotting of the parking structure at that corner as well as the grade that buries as you come up the hillside. Cliff asked the vertical grade from the road to the parking garage. 9 Aspen Planning & Zoning Commissiori -Minutes March 16, 2010 Bert said there would be a lot of surface parking between Phase 2 and Phase 3. Jennifer replied that it would be over parked. Bert asked if it was possible to remove some of that parking between the phases. Jennifer said that removing the parking would be expensive and noted if they did not complete their Phases by the end of the conceptual timeline then they would have to handle some of that over parking. Bert wanted surface parking to be removed. Russ explained the parking needed to stay for visitor and patient parking by the front door of the building, which was the highest priority of parking on the site. Russ stated the majority of the staff parking would go into the parking structure; some physician parking will still be maintained on the site as is the case now because physicians need access to the emergency room and surgery. Gideon Kaufman said that when you have construction traffic and trucks you don't want to have dust so there maybe is a point in time if it doesn't go to the next phase then you look at it. Dave suggested taking a look at what kind of environment it is presently. Jennifer agreed with Gideon's timeline if all the phases weren't built. Jennifer said that she would invite Engineering and Transportation to the next meeting. MOTION: Cliff Weiss moved to continue the hearing on Aspen Valley Hospital Final to Apr116t°+, seconded by Bert Myrin, all in favor, approved. Gideon Kaufman said that he did not want to go through all of this again. Adjourned. Transcribed by Kathy Strickland and Jackie Lothian P51 10 Ps2 R ~ AR 3 AVH Hospital Expansion Can, OF 1201p P & Z Meeting, April 6th, 2010 ~Yq~sr'Fly To: Stan Gibbs, Chair A? Comments submitted by Nancy Tate Hall, Meadowood Resident I am hoping you will not simply rubber stamp the hospital plans for the $100 million four-phase expansion. I think if you lived in any of the residential developments surrounding the hospital campus, you definitely would not. Even though the property is zoned Public and Residential Mufti-Family, I question if a huge medical center was ever in the long-range plans when the hospital was relocated in 1977. If this expansion is allowed to go through as presently conceived, the negative effects for those residents will be huge, and I believe the intrinsic and. monetary value of their property will be dramatically reduced. I would not consciously buy a house next door to a busy medical center, and now I find myself facing. the possibility that I have done just that. Actually, it is not only residents of the. subject area who will be affected, it is everyone in Aspen because the wonderful and rural character of Castle Creek Road will change dramatically to a busy and widened. access road to the new medical center. And, of course, the capacity of the round-about will have to be increased to accommodate the 641 vehicle trips daily to and from the new facility. Will traffic from the Chapel and residents coming out of Meadowood Drive on to Castle Creek Road back up as they-wait for an opening? Will this require a street light? Or another round-about? Or, maybe we have to revisit the straight-shot idea--again. The implications of having such a huge expansion of the Aspen hospital when there are other ones an hour away are scary. Couldn't AVH partner with another facility which already has all the expensive. diagnostic stuff? Where are the efforts to bring affordable health care and reduce costs? It is a known fact that competition in health care does not reduce costs. Another pertinent consideration is that our entire health care delivery and reimbursement system are evolving in a new direction-this P53 $100 million, 214,000 square foot expansion based on the way things have been probably does not reflect the new reality. Granted, AVH probably needs to do some renovation and upgrading, but unless they are so busy they can't handle the demand, it seems to be an imprudent (crary) decision to go forward while assuming the eagerly-paying patients will come.. This seems to be the attitude of AVH applicants. The current hospital already presents many negative aspects to those who live near, but the greatest negative for me is the constant noise of the mechanical sources which run the place. After I moved into Meadowood in 2004, it took me a year to figure out what that rumbling, generator-like noise was that I could hear on summer nights, and finally someone informed me (who has far worse issues with that noise) that it was coming from the hospital. We are told that that noise will continue. Could it get worse? Certainly seems like that is a real possibility. And just being within the allowable decibel limits is not good enough.. When the round-about gets widened, the noise from that will increase also. Please, this is not LA. It's interesting that two large developments are looming before Aspen residents at the same time--one, a 55,000 square foot healthy-living retreat on the east side of town, and another, a 214,000 square foot expansion of the existing hospital facility on the west side of town. Both developments have in common the fact that they are situated in residential areas, and, therefore, are very disruptive and stressful to any normal quality of life for the people in the affected neighborhoods. People move to Aspen thinking they are getting away from the noise and congestion of the big-city. Then, all of sudden, that on-going battle of growth and so-called progress versus peace and harmony is taking place all around. We count on our elected officials to protect us and balance the positives and negatives, and maintaining quality of life should be the first concern,. not dollars to benefit a few. In the case of Meadowood, the AVH $100 million expansion calls for tripling the current AVH facility while asking taxpayers. to double the real estate tax mill levy dedicated to the hospital-in an economic downturn when taxpayers are already ~ _ P54 pinched and feeling resistance to tax increases.. Meadowood property taxes are already very high due to the obligation of becoming a metro district in order to upgrade our water line and utilities to accommodate the construction of huge spec homes in our neighborhood during the real estate frenry just before the onset of the current recession. You can be sure the AVH plans were conceived in a very different economic climate from today. Every person I mention the subject of the hospital expansion plans to responds with, do we need that? I don't know, but I think. not...do you know? I realize your concern is with the appropriateness of the zoning, but the residential component and quality of life concerns should be paramount in this debate. Our own Meadowood utility project has taken iwo miserable summers of extensive excavation and dirt roads, and we are still dealing with some incomplete drainage issues this coming summer. We are sick of noise, dust, and construction. And now? Along comes the hospital and their plans for six years of construction, and much of it in very close proximity to Meadowood Drive and. the entire neighborhood! We have serious concerns not only with more and constant construction noise in our area and construction traffic on Castle Creek Road and in the round-about, but with our views, the lights from 27,000 square feet of medical office expansion (There are many vacancies currently in the commercial core.. Why are taxpayers going to subsidize office space for doctors!?), the lights from the loop service road within a few feet of Meadowood Drive, expanded food service., the negative impact on lovely Castle Creek Road, and on and on. Currently there are t 0- foot metal-like apparata on top of some of the buildings. These are not shown on the new plans. Will they still be there and add additional height? Before we go a step further, residents should see story poles. This should have. been done already. Can you recommend (require) that? The hospital personnel and. employees think this is a "done deal" and are already telling people that construction will begin this summer! Honestly, the general population of Aspen has no idea of the extent of this project. The attitude -3 - P55 of the planners for AVH seems to be "just build it, and they will come-and pay"-but where are the studies showing that the demand is really there? Please when you vote, will you consider if this $100 million expenditure is the best use of shrinking. funds at this time? Do you think that a facility larger than the airport or a shopping center is appropriate in this mostly residential location? I hope. you will realize that this is the wrong direction for Aspen and vote against the project as is--there are other choices which could be explored. involving less disruption and expense and still accomplish some needed improvements. This $100 million, huge expansion plan for AVH is the wrong thing, in the wrong place, at the wrong time. Thank you for your consideration of the above. Nancy Tate Hall - 925-7679 -Aspen resident since 1972; -Meadowood resident since 2004 when I built a 2,650 sq. ft. house on a lot purchased in 1997, back when Meadowood was aloes-key, modest, casual neighborhood, and the hospital was an unobtrusive neighbor. ~- y- - P56 Aspen Valley Hospital planned expansion I recently attended a presentation of plans for afour-phase $10t}million expansion of the Aspen Valley Hospffal. The plans calf #or a least doubling every hospital department, improving internal traffic flow, adding a parking ramp and employee housing. One very glaring omission is any recognition of the inability of governments and unvnTlingness of citzens to pay for continually increasing health-care costs. I heard no claim that loca- citizens will get more efficient and lower-cost services from the hospital without sacrificing qualify. So, the assumption is "build it and they will pay". This attitude and cost-plus reimbursement have driven health care costs in the USA from 16% to 17% of Gross Domestic Product (GDP) in the last year. Canada for comparison spends 10% of its GDP on health care and covers all of its citizens. The hospital plans to ask taxpayers to double the real estate tax mill levy dedicated to the hospital. This concerned some in attendance, but the big concern is recovery of the $100 million in initial cost as depreciation over the I'de of the improvements (15 to 20 years). This will be an increase in operating cost of $5 million per year assuming a 20 average I'rfe. These costs for the most part will not be paid by users directly but by increased health insurance premiums. Two of the largest payers for services at the hospital are surely Medicare and Medicaid, both programs that have to change or go bankrupt. The resistance to tax increases by the citizens has made revenue increases for these programs impractical, thus in recent history the shortfall in the Medicare program has been answered by repeated reductions in reimbursements to medical providers. There are reports of MD's in the vaNey dropping Medicare patients, saying that they can't make money on Medicare reimbursement rates. These providers need slower-cost business model. I assume the local hospital, which is public, will not have the option of denying services to Medicare and Medicaid patients. The recent trend for reduced Medicare reimbursements w~l certainly continue putting incxeased pressures on all medical providers to adopt business models that increase efficiency and lower costs. I see nothing of a lower-cost business rrmdet in these expansion plans or even recognition of the inabdily and unwillingness of crtaens to devote an increasing portion of their annual incomes to health care taxes and medical insurance premiums. The signs are everywhere that the continual increases in medical costs that character¢ed the last half of the 20m century cannot continue in the 21 ~ century. This proposal needs to be revised #o reflect this 2l~ century reality and could be become one of the first to recognrze that lowering operating costs can be equally important to citzens as providing quality medical care. John Goodwyne Aspen ~ . ,-~ e~Ecf ~ RECEIVED MAR 312010 COF ASS P57 Dorothy and Harold Thau /Q~ 0536 Meadowood Drive CF~'I Aspen, CO 81611 C~ ~~ a~ YYF q~ IIO Mr, Stan Gibbs o~'~S,oFN Chair, Planning and Zoning Commission Aspen, CO Dear Mr. Gibbs, For several months now, the Meadowood Homeowners Association Board has had presentations of the proposed Aspen Valley Hospital Construction plan. Although the colored charts and plans presented looked beautiful and all questions were answered, there was a great deal of information omitted and/or not covered. After some research and questioning of the facts from the City records, it has been revealed that the impact on the Meadowood subdivision, Castle Creek Road and the Roundabout will be so much greater than we were led to believe. 214,000 square feet of construction for 6-7 years is a project that will definitely affect our lives and homes in this residential neighborhood, as well as our daily lives of traffic infringement. The presenters have said that construction will begin in August, and went through the construction schedule as if the project already has been approved. I urge you and the Commission to move slowly, allowing part-time homeowners in Meadowood (some of whom don't even know the facts of this project) and we others who have not had full disclosure concerning many of the impactful parts of this project, to have time to thoroughly discuss this endeavor. P58 We have recently completed home construction on our single family residence, and complying with code, initially put up story poles and had our immediate neighbors sign off on it. The Hospital, a huge impactful endeavor in a residential neighborhood, didn't even do that. Please do not rubber stamp this project without a great deal more information and thoughtful discussion. Thank you, NC a.~-~~ --~~~, ~ 0 ft ~ ~ • ~ ~i~~vZs Dorothy and Harold Thau P59 Residential Design Guidelines Applicant Response: Exhibit L 26.410.040. A.1. Building orientation. The front facades of all principal structures shall be pazallel to the street. On comer lots, both street-facing facades must be pazallel to the intersecting streets. On curvilineaz streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Pazcels as outlined in Subsection 26.410.O10.B.4 shall be exempt from this requirement. One (1) element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. Response: The affordable housing component for the Hospital's MFP is located in the same area of the campus as the Whitcomb Ten•ace Senior Center/Assisted Living. A green open space area sepazates the housing from Whitcomb Terrace. A service drive accesses one side of the housing providing access for emergency services and pazking gazages for residents. Between the open space and Whitcomb Terrace is the continuation of the service drive and pazking for 30 vehicles. The buildings aze situated on the site in an L-shape fashion and have two primary elevations, a front and back, that face east/north and west/south. Please refer to the attached site plan. For building orientation purposes City staff has identified the "street" side of the complex as that elevation that faces the open space and surface pazking and~the other side faces the "alley". The applicant seeks a vaziance to this design standard because the front facade of some of the principal structures aze not parallel to the street (9 of the 22 units aze not pazallel). A vaziance in this situation would be appropriate due to the location of the site. The housing is located on the Hospital's campus and not within a traditional residential neighborhood. The only adjacent structure is the Whitcomb Terrace located on the campus a surrounded by open space. Atypical grid street system does not exist in this part of Aspen nor on the Hospital's campus. Previous iterations of the site planning for the affordable housing located the housing next to surface pazking and the applicant was directed by City Council to shift the auto centric focus of the site planning and provide more open space directly adjacent to the housing. 26.410.040. C. Parking, garages and carports. The intent of the following parking, gazages and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing pazking, gazages and carports on alleys or to minimize the presence of gazages and carports as a lifeless part of the streetscape where alleys do not exist. 1. For all residential uses that have access from an alley or private road, the following standazds shall apply: a. Parking, gazages and carports shall be accessed from an alley or private road. Or P60 2. For all residential uses that have access only from a public street, the following standards shall be apply: b. The front facade of the gazage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house. Response: This standard is met. Gazages for residents aze accessed off of the alley. 26.410.040 D. Building elements. The intent of the following building element standards is to ensure that each residential building has street-facing architectural details and elements, which provide human scale to the facade, enhance the walking experience and reinforce local building traditions. Street oriented entrance and principal window. All single-family homes and duplexes, except as outlined in Subsection 26.410.O10.B.4 shall have astreet-oriented entrance and a street facing principal window. Multi-family units shall have at least one (1) street- oriented entrance for every four (4) units and front units must have a street facing a principal window. On corner lots, entries and principal windows should face whichever street has a greater block length. This standazd shall be satisfied if all of the following conditions aze met: a. The entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building. Entry doors shall not be taller than eight (8) feet. b. A covered entry porch of fifty (50) or more squaze feet, with a minimum depth of six (6') feet, shall be part of the front facade. Entry porches and canopies shall not be more than one (1) story in height. c. Astreet-facing principal window requires that a significant window or group of windows face street. Response: This standazd is met. Of the 18 units that face the open space or "street" side of the buildings, 9 of those units have front porches that exceed 50 square feet. The entry doors are not more than 10 feet back from the front most wall of the building. Significant groups of windows aze found on all sides of the affordable housing buildings and the ground level front doors aze glazing vs. a solid front door. Please refer to the attached floor plan that offers these dimensions. 2. First story element. All residential buildings shall have a first story street-facing element the width of which comprises at least twenty percent (20%) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate P61 height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed azea) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded. Response: This standard is met. Porches cover almost 50 % of the unit's front facade for the studio units and for the 1 bedroom units they cover roughly 33% of the front facade. In addition, the porch elements do not exceed 10 feet in height and the roof of the porch does not service as a balcony of upper stories. Please refer to the attached floor plan that offers these dimensions. 3. Windows. a. Street-facing windows shall not span through the azea where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. Response: This standard is met. b. No more than one (1) nonorthogonal window shall be allowed on each facade of the building. A single nonorthogonal window in a gable end may be divided with mullions and still be considered one (I) nonorthogonal window. The requirement shall only apply to Subsection 26.410.O10.B.2. Response: This standard is not met because the applicant has been directed by P&Z to increase the glazing up into the raised roof line to improve the natural light and created a quality vaulted ceiling. Increasing the amount of windows up into the vaulted ceiling creates some nonorthagonl windows in these upper units. In the event the roofs aze not raised up at the comers than this standard would be met as there would be no need for nonorthagonal windows. 4. Lightwells. All areaways, lightwells and/or stairwells on the street-facing facade(s) of a building shall be entirely recessed behind the front-most wall of the building. Response: There are no light wells planned for these buildings. 3 Ps2 .` ~_~ _ ~~ -~~ t r "` ' _ ~ ~ ~ '~ ,~ ' ~ a 1 I ` om~ ~ ~F z"_ \ _ cRN F ~, _~ -~ ,_\ ~ ~~ ~ ~; <x :9e~ ka / • itg~ ~ a~I ~ ""• f t t i£n~ ! F .$ a '~ 'sam 6 t a~ o~ a? UU~ .:. ~., _ .. ~. e #~ i $ ~ _ 's ~ _ R \\ E 1 Lk ~~ ~_ P Y F 5m 5~ Ra' L ...N sk 2 R~€ J ~n ~ ¢~ 8€ a, ~ E ~. ~~ \ OVOtl N3]YJ 345YJ ~ ~ !~ ~{if 7O"lA'R~ Rfrlir<111 stl~Yff YtlM 0~~ C ~ a qu ~ p z ~ ~ ~ Q ~ ~ F F~'g 8g4 AQ~~F ~4^ ~ =g ~ 8:F YN p'o~ [v a -~S p y 4~ gym„ SpQ ~;q ~Y~8 S '= s Q~° 9BZ R :? A ~ ~~~ o ~c :o" RNA ~ 4 S t - :~~ R [ N~ ' '~ E of f z a ` i i r 4 I? { i ~3 L ~~~~~~~~~~~~~~~~~~ : ~ 9 s~~ m ~ ® 1 ~ e~~ :~~~~ Nm~ .~f~ gm 9; ~ N -1 rt P63 o' c~ ~~ z ~ 2 'O H ~ ~D =r D m m. 0 z y P64 Current Parking -Hospital & Whitcomb Terrace Phase II Parking Total @ Build- Out 201 425 368 PARKING COUNT PHASE II New Parkin Structure 210 New Phase II Surface Parkin 78 Existin Surface Parkin Heli ad 24 Existin Surface Parkin Staff Parkin 69 New Surface Parkin Whitcomb 30 New Tuck-Under at Em to ee Hs 14 Total Phase II Parkin 425 PARKING COUNT PHASE IV • BUILD OUT New Parkin Structure 210 East Side Surface Parkin 78 West Side Em to ee Parkin 13 Main Ent Parkin 23 Surface Parkin Whitcomb 30 Tuck-Under at Emplo ee Hs 14 Total Parkin at Project Build-Out 368 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Chris Bendon, Community Development Director Drew Alexander, Interim Zoning Officer RE: Land Use Code Amendments -Resolution No. _, Series 2010 -Public Hearing Signage, 26.510 Miscellaneous Regulations, 25.575 MEETING DATE: Apri16, 2010 SUMMARY: The City of Aspen Community Development Department has revisited the draft Signage Code and made changes in response to Planning and Zoning Commissioners comments. Staff would like to receive direction on the remaining portions of the Sign Code and make the necessazy decisions that will allow for a final draft. Staff will have a PowerPoint to assist with this process. SIGNAGE: Staff heard several important items from the Commissioners at the last meeting. The following is a summary of the feedback: • The Commission favors a reduction in the number sandwich board signs, but the language needs more clarity and direction • Awning signage may need adjustments before a draft can be finalized • The proposed Exceptional Sign Bonus should be removed from the draft • The Commission was in favor a simplified standazd signage amount for all businesses, but the exact amount is still uncleaz. In addition to the items listed above, there are still a few remaining decision points. Staff feels that we have had the necessary "big picture" discussion on the Sign Code to understand why we are proposing changes and what potential outcomes these decisions could have. Staff asks that the Commission be prepared to answer questions related to specific areas of the Sign Code, including: • Sign size/allotment Awning Signs • Sandwich Boazd Signs P2 MISCELLANEOUS REGULATIONS: Staff has initiated amendments to the "calculations and measurements" section of the code. This section houses the methods for calculating FAR, height, lot area, setbacks, net leasable space, etc. There any number of "fix-its" that staff is pursuing as well as items that aze more substantive in nature. Before proceeding too far, staff would like to gather some general input from the Commission regarding this calculations and measurements section. This is similar to the very first discussion on signage and the question "what does staff really need to know prior to drafting." This will help staff return with the specifics. Staff will also contact a few local architects regarding confusing or otherwise frustrating language that they would like fixed. APPLICANT: City of Aspen PREVIOUS ACTION: Signs: The Planning and Zoning Commission has discussed the current Sign Code. General suggestions were made at the Februazy 16`h and Januazy 5`h public hearings. Community Development Staff also met with City Council in September of 2009 to discuss possible Sign Code Changes. The direction from'the Council work session, P&Z, and Staff suggestions have led to the proposed draft Sign Code. REVIEW PROCEDURE: Text Amendment. At a duly noticed public heazing, the Commission shall recommend by Resolution the City Council to approve, approve with conditions, or deny the application. RECOMMENDATION: Staff recommends the Planning and Zoning Commission recommend approval of the City-initiated amendments to Sign Code as described in Resolution-, Series of 2010. RECOMMENDED MOTION: "I move to approve PZ-Resolution , Series of 2010 recommending approval of the amendments to Sign Code and definition of Artist Studio." ATTACHMENTS: Exhibit A.1 -Existing text for Sign Code Exhibit A.2 -Redline Version of Sign Code Resolution No. , 20] 0, for Sign Code ~~H~C3ti ,l4~ ~ P3 Chapter 26.510 SIGNS Sec. 26.510.010 Sec. 26.5 10.020 Sec. 26.510.030 Sec. 26.510.040 Sec. 26.510.050 Sec. 26.510.060 Sec. 26.510.070 Sec. 26.510.080 Sec. 26.510.090 Sec. 26.510.100 Sec. 26.510.110 Sec. 26.510.120 Sec. 26.510.130 Sec. 26.510.140 Purpose Applicability and scope Procedure for sign permit approval Prohibited signs Sign measurement Sign setback Sign illumination Sign lettering, logos and graphic designs Structural characteristics Nonconforming signs Signs on public right-of--way Temporary signs Zone District sign restrictions Window displays 26.510.010. Purpose. The purpose of this Chapter is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral and nondiscriminatory sign standards and requirements. Toward this end, the City Council finds that the City is an historic mountain resort community that has traditionally depended on a tourist economy. Tourists, in part, are attracted to the visual quality and character of the City. Signage has a significant impact on the visual character and quality of the City. The proliferation of signs in the City would result in visual blight and unattractiveness and would convey an image that is inconsistent with a high quality resort environment. Effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. The City must compete with many other Colorado, national and international resort communities for tourism opportunities. In order to preserve the City as a desirable community in which to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance. These sign regulations are intended to: A. Preserve and maintain the City as a pleasing, visually attractive environment. B. Promote and accomplish the goals, policies and objectives of the Aspen Area Comprehensive Plan. C. Enhance the attractiveness and economic well-being of the City as a place to live, vacation and conduct business. D. Address community needs relating to upgrading the quality of the tourist experience, preserving the unique natural environment, preserving and enhancing the high quality human existence, retaining the City's premier status in an increasingly competitive resort market, preserving the historically and architecturally unique character of the City, fostering the "village style" quality of the City and preserving and enhancing scenic views. P4 E. Enable the identification of places of residence and business. F. Allow for the communication of information necessary for the conduct of commerce. G. Encourage signs that are appropriate to the zone district in which they are located and consistent with the category of use to which they pertain. H. Permit signs that are compatible with their surroundings and aid orientation and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. J. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. K. Establish sign size in relationship to the scale of the lot's street frontage and building's street frontage along which the sign is to be placed. L. Protect the public from the dangers of unsafe signs and require signs to be constructed, installed and maintained in a safe and satisfactory manner. M. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. N. Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians. (Ord. No. 10-2005, § 1) 26.510.020. Applicability and scope. This Chapter shall apply to all signs of whatever nature and wherever located within the City except for the Aspen Highlands Village PUD. Sign regulations for Aspen Highlands Village PUD were approved as City Council Ordinance 43, Series of 2003. No sign shall be allowed except as permitted by this Chapter. (Ord. No. 10-2005, § 1) 26.510.030. Procedure for sign permit approval. A. Permit required It shall be unlawful to erect, place, construct, reconstruct or relocate any sign without first obtaining a sign permit from the Chief Building Official. B. Exempt signs. The following signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. 1. Preventive maintenance. The ordinary preventive maintenance of a lawfully existing sign, which does not involve a change of placement, size, lighting, color or height. 2. Repainting. The repainting of a lawfully existing sign exactly as it was prior to such activity. Banners, pennants, streamers and balloons and other gas-filled figures. Temporary banners, pennants, streamers, balloons and inflatables shall be permitted per Subsection 26.S10.110.B, Policies regarding signage on public property. Streamers and balloons shall be permitted in association with a retail special event or sale of limited duration. P5 4. Construction signs. One (1) freestanding or wall sign along each lot line frontage on a street for a site under construction not to exceed a total of two (2) signs per site, which do not exceed six (6) square feet in area per sign, which are not illuminated and which identify individuals or companies involved in designing, constructing, financing or developing a site under construction. Such signs may be erected and maintained only for a period not to exceed thirty (30) days prior to commencement of construction and shall be removed within fourteen (14) days of termination of construction. A graphic design painted on a construction barricade shall be permitted in addition to such signs, provided it does not identify or advertise a person, product, service or business. 5. Directional or instructional signs. Signs, not exceeding six inches by thirty inches (6" x 30") in area, which provide direction or instruction to guide persons to facilities intended to serve the public. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, affiliation with motor clubs, acceptance of designated credit cards and other similar signs providing direction or instruction to persons using a facility but not including those signs accessory to parking areas. Advertising material of any kind is strictly prohibited on directional and instructional signs. 6. Fine art. Works of fine art which in no way identify or advertise a person, product, service or business. 7. Flags. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes. 8. Government signs. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory purposes, street signs, warning signs, railroad crossing signs, signs of public service companies indicating danger and aids to service and safety which are erected by or for the order of government. 9. Historic designation. Signs placed on a historic building identifying the structure as a property listed on the Aspen Inventory of Historic Landmark Sites and Structures, which sign shall be a wall sign not to exceed six (6) square feet in area. 10. Holiday decorations. Noncommercial signs or other materials temporarily displayed on traditionally accepted civic, patriotic and/or religious holidays, provided that such decorations are maintained in safe condition, do not constitute a fire hazard and that the decorations comply with Section 26.575.150, Outdoor lighting. 1 1. Incidental signs on vehicles. Signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in no way intended to permit signs placed on or affixed to vehicles or trailers which are parked on a public right-of-way, public property or private properly so as to be visible from a public right-of--way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. 12. Interior signs. Signs which are fully located within the interior of any building or within an enclosed lobby or court of any building, which are not visible from the public right-of--way, adjacent lots or areas outside the building and signs not to exceed thirty inches by forty-two inches (30" x 42"), located within the inner or outer lobby, court or entrance of any theatre which are intended solely for information relating to the interior operation of the building in which they are located. 13. Mail boxes, including street address. P6 14. Memorial signs. Memorial plaques or tablets, grave markers, statuary declaring names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials or other remembrances of persons or events that are noncommercial in nature. 15. Menu signs and real estate picture boxes. One (1) sign per use, with an area not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet wall of that portion of the principal building in which the use to which the sign applies is located and which advertises and/or identifies a restaurant menu, drinks or foods offered or special activities incidental to drink and food service or real estate offering. 16. Public notices. Official government notices and legal notices. 17. Residential name and address signs. One (1) freestanding or wall sign per detached dwelling unit or duplex unit, with an azea not exceeding two (2) square feet, which identifies the name of the occupant and the street address of the dwelling unit. 18. Shielded light in architectural design that complies with Section 26.575.150, Outdoor lighting. 19. Vending machine signs. Permanent, non-flashing signs on vending machines, gasoline pumps, ice or milk containers or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use and other similar information. 20. Residential name and address signs. Every detached residential dwelling unit or duplex unit may have mailbox or wall signs with an area not to exceed two (2) square feet to identify the street address and the names of the occupants. 21. Security signs. Every parcel may display security signs not to exceed an area of six inches wide by six inches long (6" x 6"). Security signs may contain a message, logo or symbol alerting the public to the presence of a security system on the premises. Security signs shall be of a neutral color. Security signs may not be placed in the City right-of--way. 22. Timeshare identification signs. A building that is approved for exempt timesharing, pursuant to Section 26.590.030, Exempt timesharing, shall have awall-mounted sign with an area not exceeding two (2) squaze feet, stating that it has been approved for timesharing and identifying the name and phone number of a contact person or management entity for the property. C Application. A development application for a sign permit shall include the following information: 1. That information required on the form provided by the Community Development Director; 2. A letter of consent from the owner of the building; 3. Proposed location of the sign on the building or parcel; 4. A blueprint or ink drawing of the plans, specifications and method of construction of the sign and its supports, showing proposed dimensions, materials and colors and the type, intensity and design of the sign's illumination, if any; and The dimensions, measurements and calculations of building frontages and line frontages on streets and alleys; the dimensions of any other sign located on the property and any other information needed to calculate permitted sign area, height, type, placement or other requirements of these regulations. P7 D. Determination of completeness. After a development application for a sign permit has been received, the Community Development Director shall determine whether the application is complete. If the Community Development Director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application unless the deficiencies are remedied. If the application is determined complete, the Community Development Director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter. E. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. (Ord. No. 10-2005, § 1) 26.510.040. Prohibited signs. The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the City. A. "A" frame, sandwich board and sidewalk or curb signs except as allowed per Paragraph 26.510.130.D.1.e. B. Billboards and other off-premise signs. Billboards and other off-premise signs, including security company signs which do not comply with the regulations set forth in Subsection 26.510.040.B.20 and signs on benches, are prohibited, except as a temporary sign as provided for in Section 26.510.120, Temporary signs. C. F[ashingsigns. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electrical pulsations except as permitted per Section 26.575.150, Outdoor lighting. D. Moving signs. Signs with visible moving, revolving, rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes. E. Neon and other gas-filled light tubes. Neon lights, televisions used for advertising or information and other gas-filled light tubes, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. F. Obsolete signs. A sign which identifies or advertises an activity, business, product, service or special event no longer produced, conducted, performed or sold on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the beneficial use of such sign within ten (10) days after written notification from the Community Development Director and upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this Subsection. Signs of historical character shall not be subject to the provisions of this Section. For the purpose of this Section, historical signs are defined to be those signs at least fifty (50) years in age or older. C. Portable and wheeled signs except as allowed per Paragraph 26.S10.130.D.1.e. H. Roof signs. P8 I. Search lights or beacons except as approved per Subsection 2ti.575.I50.H, Outdoor lighting, Exemptions. J. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any public right-of--way, adjacent lot or building other than the building to which the sign may be accessory. K. Signs containing untruthful or misleading information. L. Signs creating optical illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. H. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of egress, prevents free passage from one part of a roof to any other part, interferes with an opening required for legal ventilation or is attached to or obstructs any standpipe, fire escape or fire hydrant. N. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of--way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. O. Signs in public right-of way. A sign in, on, over or above a public right-of--way that in any way interferes with normal or emergency use of that right-of-way. Any sign allowed in a public right-of-way may be ordered removed by the Community Development Director upon notice if the normal or emergency use of that right-of-way is changed to require its removal. P. Strings of light and strip lighting. Strip lighting outlining commercial structures and used to attract attention for commercial purposes and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded and comply with Section 26.575.150, Outdoor lighting. Q. Unsafe signs. Any sign which: l . Is structurally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; 3. Is not kept in good repair; 4. Is capable of causing electrical shocks to persons likely to come into contact with it; 5. In any other way obstructs the view of, may be confused with or purports to be an official traffic sign, signal or device or any other official government regulatory or informational sign; 6. Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle or creates, in any other way, an unsafe distraction for vehicle operators or pedestrians; 7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare; 8. Is located on trees, rocks, light poles or utility poles, except where required by law; or 9. Is located so as to conflict with the clear and open view of devices placed by a public agency for controlling traffic or which obstructs a motorist's clear view of an intersecting road, alley or major driveway. P9 R. Street blimps. Parked or traveling cars used primarily for advertising, sometimes referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's primary use is exempt. S. Banners and pennants used jor commercial purposes not associated with a special event approved by the Special Events Committee approval per Subsection 26.SIO.IIO.B, Policies regarding signage on public property. (Ord. No. 55-2000, § 13; Ord. No. 11-2001, § l; Ord. No. 10-2005, § 1) 26.510.050. Sign measurement. A. General. In calculating the area allowance for signs in all Zone Districts, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. B. Sign area. Sign area shall be the area of the smallest geometric figure which encompasses the facing of a sign including copy, insignia, background and borders, provided that cut-out letter signs shall be considered wall signs and their aggregate area shall be credited toward allowable sign area at one-half (''/z) the measured area. C. Two or more jaces. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back to back and are at no point more than two feet from one another. The area of the sign shall be taken as the area of the face if the two faces aze of equal area or as the area of the larger face if the two faces are of unequal area. (Ord. No. 10- 2005, § 1) 26.510.060. Sign setback. Signs are not subject to the setback requirements of the Zone District where they are located. (Ord. No. 9-2002, § 12; Ord. No. 10-2005, § 1) 26.510.070. Sign illumination. A. Prohibited illumination. No sign shall be illuminated through the use of internal illumination, rear illumination, fluorescent illumination or neon or other gas tube illumination, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. B. Shielding illumination. Illumination of signs shall be designed, located, shielded and directed in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light from artificial illumination upon any adjacent public right-of--way, surrounding property, residential property or motorist's vision. (Ilumination shall comply with Section 26.575.150, Outdoor lighting. (Ord. No. 10-2005, § 1) 26.510.080. Sign lettering, logos and graphic designs. A. Lettering. No lettering on any sign, including cut out letter signs, shall exceed twelve (12) inches in height, except that the initial letter in each word shall not exceed eighteen (18) inches in height. B. Logos. No logo on any sign, including cut out letter signs, shall exceed eighteen inches in height and eighteen inches in length (18" x 18"). (Ord. No. 9-2002, § l2; Ord. No. 10-2005, § 1) P10 26.510.090. Structural characteristics. The following limitations shall apply to all freestanding, projecting and wall signs: A. Freestanding signs. Freestanding signs shall not be higher than the principal building or fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet above grade when located adjacent to a pedestrian way. B. Projecting signs. Projecting signs shall not be higher than the eave line or parapet wall of the top of the principal building, shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and shall not extend more than four (4) feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning. C. Wall signs. WaII signs shall not be higher than the eave line or parapet wall of the top of the principal building and no sign part, including cut out letters, shall project more than six (6) inches from the building wall. (Ord. No. ]0-2005, § 1) 26.510.100. Nonconforming signs. Nonconforming signs which were in existence on or before May 25, 1988, shall be discontinued on or before November 25, 1988. (Ord. No. 10-2005, § 1) 26.510.110. Signs on public right-of--way. A. It shall be unlawful to erect or maintain any sign in, on, over or above any land or right-of--way or on any property, including light posts, belonging to the City without the permission of the City Council or in compliance with Subsection 26.510.110.B, Policies regarding signage on public property. However, this Section shall not be deemed to apply to signs posted by any duly constituted public authorities in the performance of their public duties or to specific circumstances otherwise provided for in this Chapter. B. Policies regarding signage on public property. Purpose of regulations. The purpose of these regulations is to establish reasonable regulations for the posting of temporary signs, displays and banners on certain public property. The regulations herein include (a) signage on public rights-of--way, (b) banners and flags on light posts on Main Street, (c) signs in City parks, (d) displays in City parks, (e) signs hung across Main Street at Third Street and (f) signs on public buildings. These regulations shall be read in conjunction with this Chapter and are not intended to supersede the regulations of signs as set forth therein. Temporary signs and displays provide an important medium through which individuals may convey a variety of noncommercial and commercial messages. However, left completely unregulated, temporary signs and displays can become a threat to public safety as a traffic hazard and detrimental to property values and the City's overall public welfare as an aesthetic nuisance. These regulations are intended to supplement this Chapter and to assist City staff to implement the regulations adopted by the City Council. These regulations are adopted to: a. Balance the rights of individuals to convey their messages through temporary signs or displays and the right of the public to be protected against unrestricted proliferation of signs and displays; b. Further the objectives of this Chapter, Signs; and P11 c. Ensure the fair and consistent enforcement of the sign and display regulations specified below. This Section, Signs on public right-of-ways, states: "It shall be unlawful to erect or maintain any sign in, on, over or above any land or right-of-way or on any property, including light posts, belonging to the City without the permission of the City Council." Sign permits issued by the City Manager or his or her designee, that are in conformance with these regulations shall constitute City Council permission within the meaning of this Section, Signs on public right-of--ways. Applications for sign permits that do not comply with these regulations shall be forwarded to the City Council for consideration if requested by the applicant. 2. Definitions. Unless otherwise indicated, the definitions of words used in these regulations shall be the same as the definitions used in this Chapter, Signs. In addition, the following definitions shall apply: Banner means any sign of lightweight fabric, plastic or similar material that is attached to any structure, pole, line or vehicle and possessing characters, letters, illustrations or ornamentations. Banner, light post means any sign of lightweight fabric, plastic or similar material that is attached to a light post and possessing characters, letters, illustrations or ornamentations which meets the dimensional requirements for and is intended to be installed on municipal light posts. Display means any symbol or object that does not meet the definition of a sign as defined in this Code, but like a sign is intended to convey a message to the public. Flag means any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity which meets the dimensional requirements and is intended to be installed on municipal light posts. Public right-of--way means the entire area between property boundaries which is owned by a government, dedicated to the public use or impressed with an easement for public use; which is primarily used for pedestrian or vehicular travel; and which is publicly maintained, in whole or in part, for such use; and includes without limitation the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, pedestrian malls and any public way. Sign means and includes the definition for sign as contained in Section 26.104.100, Definitions, of this Code. The term shall also include displays as that term is defined above. Sign, inflatable means any inflatable shape or figure designed or used to attract attention to a business event or location. Inflatable promotional devices shall be considered to be temporary signs under the terms of this Chapter and, where applicable, subject to the regulations thereof. 3. Signs on public rights-of-way. a. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily in the public right-of-way. Temporary signs shall be permitted in public rights-of-way to advertise noncommercial special events open to the general public provided the following policies and procedures are followed. These regulations do not apply to banners on the Main Street light posts or hanging across Main Street that are subject to different regulations and criteria. P12 b. Size/Number/Material: Only two signs per evenUorganization shall be permitted. Signs shall not exceed ten square feet each and banners shall not exceed fifty square feet. Banners must be made of nylon, plastic or similar type material. Paper signs and banners are prohibited. c. Content: Signs authorized pursuant to this policy shall be limited to signs that advertise the name, date, time and location of a special event for noncommercial purposes. The City recognizes the success of special events often depends on commercial sponsorship. Therefore, the City shall allow signs that contain the name of the applicant and/or event, date, time, names and location of the event, as well as sponsorship names and logos; provided, however, that the total sponsorship information shall not be the most prominent information conveyed by the signs and shall take up no more the thirty percent (30%) of the total area of the individual signs. d. CosUFees/Procedures: Applicants shall be required to pay the necessary fees for approval from the Special Events Committee. Any event not requiring review by the Special Events Committee shall submit a sign plan to the Community Development Department for review and approval for a fee as outlined in Chapter 2.12, Miscellaneous fee schedules, of this Code. Applications must be received a minimum of thirty days prior to the event. The applicant shall also submit a refundable security deposit as outlined in the current fee schedule to be applied to any damages, repairs or the cost of removal if not corrected removed by the applicant within three days. e. Eligibility: Signs authorized pursuant to this policy shall be limited to a special campaign, drive, activity or event of a civic, philanthropic, educational or religious organization for noncommercial purposes. f. Duration: Temporary signs authorized pursuant to this Section shall be erected and maintained for a period not to exceed fourteen (14) days prior to the date of which the campaign, drive, activity or event advertised is scheduled to occur and shall be removed within three (3) days of the termination of such campaign, drive, activity or event. Small directional signs are permitted the day of the event only and must be removed immediately following said event. g. Maintenance: All signs and banners shall be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic and shall not pose a safety risk to the public. h. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 4. Banners and flags on Main Street light posts. a. Purpose: Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate very special events of community interest. The purpose of these policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversaries beginning at the organization's tenth (10th) year of local nonprofit organizations and for prominent local, regional, state or national events. Prominent local, regional, state or national events shall include recurring annual events or events that are considered significant to a large segment of the community. The United States, Colorado, Aspen and foreign country flags shall be permitted at the discretion of the City Manager, Mayor or City Council. P13 b. Size/number/material: All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be two feet wide and four feet high (2' x 4') to be compatible with mounting system on the light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. c. Content: Banners shall only contain information identifying the event, the date and time or a simple graphic/logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no more than thirty percent (30%) of the area of the sign. The City reserves the right to request changes to the design, color or content in order to assist the applicant to comply with this requirement. d. Cost/fees/procedures: The cost of installation is outlined in the current fee schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section g below for maintenance requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event. Flags are required to be delivered to the City Parks Department one (1) week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. e. Eligibility: Only applications for significant anniversaries as defined in Subparagraph 26.510.110.B.4.a of local nonprofit organizations shall be eligible for consideration pursuant to this policy. All other requests from other organizations or For other types of events shall be forwarded to City Council. f. Duration: The display of banners and flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g. Maintenance: Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. h. Priority: Banner and flag applications shall be handled on a first come, first serve basis. Applicants may be asked to alternate light posts with other organizations. The City reserves the right to prioritize City-sponsored events over other applications. i. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 5. Signs in City parks related to special events in the City Park. a. Purpose: Unattended signs are generally prohibited in City parks. Separate regulations apply to temporary unattended signs placed in Paepcke Park (See below for those regulations.) The purpose of this policy is to regulate unattended temporary signs that are permitted in limited circumstances in City parks. The City recognizes that unattended temporary signs may be a necessary element to many special events that are permitted in City parks in order to communicate general information to the public and advertise services, products and offerings as well as sponsorship of the special event. Accordingly, temporary unattended signs are P14 permitted, subject to these policies, when the signs aze connected to a special event at a City park for which a permit has been obtained from the City. Signs in City parks are typically temporary in nature and review occurs through the Special Events Committee. b. Size/Number/Material: Unattended temporary signs located in City parks shall be limited in size to three feet by six feet. The number of signs oriented towards the event venue shall be limited to two (2) signs per sponsor, and the number of signs oriented towards the rights-of- way shall be limited to five (5) which shall not extend more than ten (10) feet above grade. Banners must be made of nylon, plastic or similar material. Paper banners and flags are prohibited. The Special Events Committee may approve one (1) inflatable per event of no more than twenty (20) feet in height if a suitable on-site location can be provided and if there is a demonstrable community benefit. a Content/location: The sign's content may include general information (i.e., dates, times, locations of activities) as well as advertisement of services, products, offerings and sponsorship up to thirty percent (30%) of the area of the sign. Unattended temporary signs conveying a commercial message shall be set back at least ten (10) feet from the public right- of-way. d. Cost/Fees/Procedures: Applicants shall be required to pay the necessary fees for approval from the Special Events Committee. Any event not requiring review by the Special Events Committee shall submit a sign plan to the Community Development Department for review and approval for a fee as outlined in the current fee schedule. The applicant shall also submit a refundable security deposit as outlined in the current fee ordinance to be applied to any damages, repairs or the cost of removal if not corrected/removed by the applicant within three (3) days. The applicant shall receive the necessary approval prior to the installation of any signs. Applications must be received no later than thirty (30) days prior to the event. e. Eligibility: Unattended temporary signs may be located in City parks only for the following reasons: a special campaign, drive, activity or event for a civic, philanthropic, educational or religious organization for noncommercial purposes for which a special event permit has been obtained from the City. An exception to this regulation is six inch by thirty inch (6" x 30") directional signs for commercial organizations using City parks. f. Duration. Unattended temporary signs may be erected and maintained only for the duration of the event or forty-eight (48) hours, whichever is less. All signs must be removed immediately following the event. g. Maintenance: All signs must be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic and shall not pose a safety risk to the public. A fifty dollar ($50.00) refundable security deposit will be required to insure compliance. h. Exceptions: The Special Events Committee may grant exceptions to the size and number regulations if deemed an appropriate location and/or event. Included in its evaluation, the Special Events Committee shall consider if there is a demonstrable community benefit to the event. The Special Events Committee, at its discretion, may send any requests for exceptions to Subsection 26.510.1 10.B.5 to City Council for review and approval. 6. Unattended Temporary Signs in Paepcke Park. a. Purpose: Unattended signs in public parks are prohibited with the exception to Paepcke Park. The purpose of this policy is to regulate the placement of unattended temporary signs in Paepcke Park that are civic, philanthropic, educational or religious in nature. P15 b. Size/Number/Material: Applicants are limited to one (1) sign that shall comply with the City lighting and sign codes. The sign shall not exceed fifty (50) square feet in size. A total of four (4) signs shall be permitted in Paepcke Park at any single period of time, and applications will be handled on a first come, first serve basis. c. ContenULocation: The content of the display and any signs may not be commercial in nature. The applicant shall work with the Parks Department to find an appropriate location so that there is minimal impact on the park. Displays may not be affixed on or near the gazebo and shall not obstruct the view of the gazebo from Main Street. d. CosUFees/Procedures: The applicant shall pay an application fee and a refundable security deposit as outlined in the current fee schedule to cover any damages caused by the installation, maintenance or removal of the sign. The applicant shall reimburse the Parks Department for any electric fees. An application shall be submitted to the Community Development Department for review by the City Manager or his/her designee. Applications shall be received no later than thirty (30) days prior to the proposed installation of the object. e. Eligibility: Civic, philanthropic, education or religious nonprofit organizations shall be eligible. The City reserves the right to deny any application for a sign that would interfere in City-sponsored activities in the park. f. Duration: Applicants are permitted to maintain their signs for no more then fourteen (14) days. g. Maintenance: All signs shall be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic and shall not pose a safety risk to the public. The applicant must work with the City Parks Department regarding all maintenance issues. h. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 7. Signs across Main Street at Third Street. a. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily across the Main Street right-of-way at Third Street. Temporary signs shall be permitted in this location to advertise noncommercial special events open to the general public provided the following policies and procedures are followed. These regulations do not apply to banners on the Main Street light posts or signs other than those hanging across Main Street at Third Street. Size/number/material: Banners must consist of the following specifications: (1) Any type of durable material; (2) Semi circular wind holes in banner; (3) Metal rivets at all comers and every twenty four (24) inches along the [op and bottom of the banner; (4) Size will be twelve (12) feeYin length and three (3) feet in width. ContenULocation. No commercial advertising will be allowed, except in cases where a sponsoring entity's name is part of the name of the event. In such cases, the organization promoting the event may not construct the banner such that sponsoring entity's commercial name is the most overwhelming aspect of the banner and the sponsor's name and logo shall be limited to no more than thirty percent (30%) of area of the sign. Political advertising on or P16 located in the public right-of--way on public property (even by a nonprofit organization) is prohibited per Subsection 26.510.120.0.2. d. Cost/Fees/Procedures. (1) A Main Street banner application and banner policy and procedure form must be obtained from the City Manager's office and completed by the party making the request and returned to the City Manager's office no less than 30 days prior to the date requested to hang the banner. (2) The exact legend of the banner must be indicated in writing (see specific area on application form). For your benefit, it is found that banners are most visually effective when kept simple: i.e., event, date organization and logo. (3) A fee of $50.00 per one-sided banner or one hundred dollars $100.00 per double-sided banner per week, must accompany the application form and be reviewed in the City Manager's office 30 days prior to the date the banner will be hung. All organizations will be charged the same rate, accordingly. (4) All banners should be delivered directly to the Electric Department, which is located in back of the Post Office at 219 Puppy Smith Road, by noon the Friday prior to the Monday hang date. Any banner not delivered by noon the prior Friday is subject to an additional fifty dollar ($50.00) charge. (5) Please pick up the banner from the Electric Department within 30 days after the display week(s). The City assumes no responsibility for banners, and any banners left more than 30 days may be discarded. e. Eligibility: The City provides space to hang four (4) single-sided banners and two (2) double-sided banners across Main Street with the intent of advertising community events, be it for arts organizations or nonprofits and/or not-for-profit organizations. These six (6) spaces are reserved on a first come, first serve basis. Reservations will be taken each year on November 1 ~' for the following year. The first organization to have their contract negotiated, signed and paid will be offered the banner space on a first come, first serve basis. f. Duration: One (I) banner, per event, may be hung for a maximum of fourteen (14) days, as per Subsection 26.510.030.B.3. Banner approvals are not guaranteed and will only be hung upon availability of the Electric Department staff. The length of time that a banner is to be hung is not guaranteed and may be shortened at the discretion of the City. Based on his/her judgment as to the best interest of the City, the City Manager may determine which banners are to be given priority when there are multiple requests for the same time period. g. Maintenance: All banners shall be maintained in an attractive manner. h. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 8. Signs on public buildings. Signs on public buildings shall be prohibited. (Ord. No. 10-2005, § 1) 26.510.120. Temporary signs. A. General. No temporary sign is permitted within the City unless all other signs on the property upon which the temporary sign is to be erected, placed or affixed and the temporary sign itself conforms to this Chapter. P17 B. Residential uses and residential Zone Districts. For all residential uses and residential Zone Districts, only the following temporary signs are permitted, in addition to the signs permitted under Section 26.510.030, Procedure for sign permit approval and then only if accessory and incidental to a permitted or conditional use: 1. Real estate for sale or rent sign. Temporary real estate signs advertising the sale or rental of the property upon which the sign is located, subject to the following: a. Type. The temporary real estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall be not more than one (1) temporary real estate for sale or rent sign per unit. c. Area. The area of the temporary sign shall not exceed three (3) square feet. d. Height. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. e. Special conditions. The temporary sign shall be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located. 2. Temporary political signs. Temporary political signs announcing political candidates seeking public office, political parties or political and public issues shall be permitted. C. Nonresidential uses and nonresidential Zone Districts. For all nonresidential uses and nonresidential Zone Districts, only the following temporary signs are permitted, in addition to the signs permitted under Section 26.510.030, Procedure for sign permit approval and then only if accessory and incidental to a permitted or conditional use: 1. Temporary sandwich board signs carried by a person. Temporary sandwich board signs which are carried by a person and are advertising or identifying a special, unique or limited activity, service, product or sale of a limited duration or identifying a restaurant menu, subject to the following: a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one (1) such temporary sign per use at any one time. c. Area. The area of the temporary sign shall not exceed six (6) square feet per side. 2. Temporary political signs. Temporary political signs announcing political candidates seeking public office, political parties or political and public issues shall be permitted. There shall be no temporary political signs permitted on or located in the public right-of-way or on public property except as permitted per Subsection 26.510.110.B, Policies regarding signage on public property. 3. Temporary sale signs. Temporary sale signs, announcing special sales of products and services, shall be subject to the following: a. Type. The temporary sale sign shall be placed in the window or windows of the business holding the sale. b. Number. There shall be permitted not more than one (1) temporary sale sign in any window and a total of not more than three (3) temporary sale signs for each use. c. Area. Each temporary sale sign shall not exceed three (3) square feet. P18 d. Duration. Temporary sale signs may be maintained for a period not to exceed fourteen (14) days and shall be removed at the end of the fourteen (14) days or on the day following the end of the sale, whichever shall occur first and shall not be replaced for at least two (2) months following the removal of the sign(s). 4. Real estate for sale or rent sign. Temporary real estate signs advertising the sale or rental of the properly upon which the sign is located, subject to the following: a. Type. The temporary real estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall be not more than one (1) temporary real estate for sale or rent sign per unit. c. Area. The area of the temporary sign shall not exceed three (3) square feet. d. Height. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. e. Special conditions. The temporary sign shall be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located. (Ord. No. 10-2005, § 1) 26.510.130. Zone District sign restrictions. A. Residential uses. For all residential uses, only temporary signs permitted under Section 26.510.120, Temporary signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: 1. Home occupation, multiple-family dwelling complex or mobile home park identification signs. a. Type. The home occupation, multiple-family dwelling complex or mobile home park identification signs shall be freestanding signs or wall signs. b. Number. There shall be not more than one (1) freestanding or wall sign per home occupation or per street entrance of amultiple-family dwelling complex or mobile home park. c. Area. The area of the sign shall not exceed two (2) square feet per dwelling unit and shall not exceed a total of twenty (20) square feet. d. Illumination. A home occupation identification sign may be illuminated only when it is identifying a home occupation of an emergency service nature. Amultiple-family dwelling complex or mobile home park identification sign may be illuminated. All illumination must comply with Section 26.510.070, Sign illumination and Section 26.575.150, Outdoor lighting. B. Institutional uses. For all church, school and public administrative building uses, only temporary signs permitted under Section 26.510.]20, Temporary signs, and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: I. Church, school or public administrative building identification signs. a. Type. The church, school or public administrative building identification sign shall be a freestanding or wall sign. b. Number. There shall be not more than two (2) signs permitted along the lot frontage on any one (I) street, not to exceed a total of four (4) signs per lot, subject to [he area requirements in Paragraph 26.510.130.B.1.c. P19 c. Area. (1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet (2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one (1) street shall not exceed one (1) square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. In no case shall the aggregate sign area for any one (1) use on any one (1) frontage exceed twenty (20) square feet. (4) Illumination. The sign may be illuminated except when located in a residential Zone District. C. Recreation club or open use recreation site uses. For all recreation club or open use recreation site uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: 1. Recreation club or open use recreation site designation signs. a. Type. The recreation club or open use recreation site designation sign shall be a freestanding or wall sign. b. Number. There shall be not more than one (1) sign per use permitted along the lot frontage on any one (1) street, not to exceed a total of two (2) signs per lot, subject to the area requirements in Subparagraph 26.510.130.C.1.c. c. Area. (1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet (2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one (1) street shall not exceed one (1) square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the area of the lot within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. In no case shall the aggregate sign area for any one (1) frontage exceed twenty (20) square feet. (4) Illumination. The sign may be illuminated only during hours of normal operation and the illumination must comply with Section 26.575.150, Outdoor lighting. D. Commercial uses. For all Commercial Core (CC), Commercial (C-1), Lodge/Tourist Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood Commercial (NC), Mixed Use (MU) or Service/ Commercial/Industrial (SCI) Zone District uses, only temporary signs permitted under Section 26.510.120, Temporary signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: 1. Business or occupancy identification signs. a. Type. The business and occupancy identification signs shall be freestanding signs, projecting signs, wall signs, including cut out letter signs or lettering on awnings. P20 Number. There shall be not more than a combination of two (2) of the following three (3) types of signs: freestanding signs, projecting signs or wall signs, including a cut out letter sign subject to the area requirements in Subparagraph 26.510.130.D.1.c. In addition, there shall be no limit on the number of business and occupancy identification signs which may be placed in the windows of the business; provided that said signs shall count against the aggregate sign area permitted as if the window sign was a cut out letter sign. There shall also be no limit on the number of awnings which may be lettered; provided that said signs shall count against the aggregate sign area permitted as if the window sign was a cut out letter sign. c. Area. (1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet. (3) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (4) Awning sign. The area of an awning sign shall not be limited, but the lettering on the awning shall not exceed six (6) inches in height. (5) Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one (1) street shall not exceed one (1) square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. If there is more than one (1) use or tenant within the principal building, then the aggregate sign area permitted for each use or tenant within the building shall be that portion of the aggregate sign area as agreed upon by the owners and occupants of the building. The Community Development Director shall be notified of such agreement and the respective proportionate shares of signage. In no case shall the aggregate sign area for any one (1) use on any one (1) frontage exceed twenty (20) square feet. d. Location. The business and occupancy identification signs shall be located on the business being identified, unless the business does not have frontage at street grade. For such businesses, one (1) sign may be located on the business being identified and the other sign may be included in a business directory sign. e. Portable and sandwich board signs. Portable and sandwich board signs shall be permitted in the Commercial Core (CC) and Commercial (C-1) Zone Districts. Portable and sandwich board signs are limited to retail and restaurant uses. Portable and sandwich board signs are prohibited for office uses. (I) Portable sandwich board signs are limited to nine (9) square feet in size and shall not count in the aggregate sign area. (2) Businesses are limited to one (])sandwich board or portable sign per business. (3) Portable sandwich board signs must be made primarily of wood or metal and must have a professional finish. (4) Insets must be chalkboard. Dry erase boards are prohibited. (5) A six (6) foot travel width must be maintained on sidewalks and an eight (8) foot travel width on the pedestrjan malls. P21 (6) Sandwich board and portable signs are not permitted on rights-of--way or pedestrian malls overnight. (7) A separate sandwich board sign permit must be approved by the Zoning Officer and shall meet the following requirements: a. The Zoning Officer shall take into consideration safety issues with regards to the placement of the sign. b. The sign shall have a professional finish and be consistent with the community character. c. Permits for sandwich board signs shall be revocable by the Zoning Officer if the above criteria are not met or, in the opinion of the Zoning Officer, the sign creates a visual nuisance. (8) Unless readopted by City Council on or before April 11, 2005, the provisions of Section 26.510.130, Procedure for sign permit approval and its Subsections (D)(5)(3) shall be null and void. 2. Business directory signs. a. Type. The business directory signs shall be wall signs or freestanding signs. b. Number. There shall be not more than one (1) business directory sign per lot. c. Area. The maximum permitted area of the business directory sign shall be as follows: • For 1 to 5 businesses - -One square foot of sign area per business • For 6 to 10 businesses- -Five square feet plus '/: square foot for each business over five businesses. • For more than 10 businesses- -7 1/2 square feet, plus '/a square foot for each business over ten businesses, to a maximum sign area of 10 square feet. (Ord. No. 10-2005, § 1) 26.510.140. Window displays. Window displays of merchandise and representations [hereof are not subject to sign regulations, sign square footage and do not require a sign permit, except the following are prohibited in window displays: 1. Televisions, computer monitors or other similar technological devices that create oscillating light. 2. Neon or other gas tube illumination, rope lighting or low-voltage strip lighting. (Ord. No. 10-2005, § I ) P22 Chapter 26.510 SIGNS Sec. 26.510.010 Purpose Sec. 26.510.020 Applicability and scope Sec. 26.510.030 Procedwe for sign permit approval Sec. 26.510.040 Prohibited signs Sec. 26.510.050 Sign measwement and allotment ec 26.510.060 Si setback Xn_____........___._..__'____..____ Sec. 26.510.07Cj _ __ Sign illwninatioq__________________ Sec. 26.510.080 Sign lettering, logos and graphic designs Sec. 26.510.090 Si¢n woes and stmctuml chara_c_t_e_z_i_s_t_ic_s__ Sec. 26.510.10 -~.._ Zone District sl restrictions _.. _-____...__. _lgl.... _---____. _--_... Sec. 26.510.110 Window displays 26.510.010. Purpose. ndamd: 090. savcmrel ' DeJeoad: 100. Nomm~fomting signs¶ aa. 26 510.110 The purpose of this Chapter is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral and nondiscriminatory sign standards and requirements. Towazd this end, the City Counci] finds that the City is an historic mountain resort community that has traditionally depended on a towist economy. Tourists, in part, aze attracted to the visual quality and charncter of the City. Signage has a significant impact on the visual character and quality of the City. The proliferation of signs in the City would result in visual blight and unattractiveness and would wnvey an image that is inconsistent with a high quality resort environment. Effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. The City must compete with many other Colorado, national and international resort communities for tourism opportunities. In order to preserve the City as a desirable community in which to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance. These sign regulations are intended to: A. Preserve and maintain the City as a pleasing, visually attractive environment. B. Promote and accomplish the goals, policies and objectives of the Aspen Area Comprehensive Plan. C. Enhance the attractiveness and economic well-being of the City as a place to live, vacation and conduct business. D. Address community needs relating to upgrading the quality of the towist experience, preserving the unique natural environment, preserving and enhancing the high quality. human existence, retaining the City's premier status in an increasingly competitive resort market, preserving the historically and azchitecturally unique character of the City, fostering the "village style" quality of the City and preserving and enhancing scenic views. ~x H161T •~ 102 oveted:s~.2s.sloob0 s~Bn odeoaa: ao E. Enable the identification of places of residence and business. P23 F. Allow for the communication of information necessary for the conduct of commerce. G. Encourage signs that are appropriate to the zone district in which they are located and consistent with the category of use to which they pertain. H. Permit signs that are compatible with thev surroundings and aid orientation and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. I. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. 1. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. jC._ Protect the public from the dangers of unsafe signs_ and require signs to-be-constructed,- installed and maintained is a safe and satisfactory manner. L_. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, azea and bulk of signs which compete for the attention of pedestrian and vehiculaz traffic. M. Regulate signs in a manner so as to not interfere witty obstruct vision of or distract motorists, bicyclists or pedestrians. (Ord No. 10-2005, § 1) 26.510.020. Applicability and scope. This Chapter shall apply to all signs of whatever nature and wherever located within the City except for the Aspen Highlands Village PUD. Sign regulations for Aspen Highlands Village PUD were approved as City Council Ordinance 43, Series of 2003. No sign shall be allowed except as permitted by this Chapter. (Ord. No. 10-2005, § 1) 26.510.030. Procedure for sign permit approval. A. Permit required It shall be unlawful to erect, place, construct, reconstruct or relocate any sign without fast obtaining a sign permit from the Chief Building Official. Ordinarv preventive maintenance Dtletetl: K.. Establish sign sim in relationship to Ne ode of the IM's street frontage end building's arM frontage long whirl, the sign is to be placed ¶ L ~ SiYns not reouirirse a Hermit The following signs or sign activities shall be exempt from obtaining_ a _-..--- odeted: e.. txo. yr,;r,.e. ------------ -- ------ sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. 1. Banners pennants streamers and balloons and other ens-filled fieures. Temporary bamers, pennants, streamers, balloons and inflatables shall be permitted per Land Use Code Section - ,Policies regarding_signage on public proper[y_.__Non-permanent Streamers,_-_--- Deletetl: sabsation zrsro.uo.e ---------------- cennants, and balloons shall-be permitted in association with a retail special event or sale of limited duration. 2 Construction steps. One (I) freestanding or wall sign along each lot line frontage on a street for a site under construction not to exceed a total of two (2) signs per site, which do not exceed six (6) square feet in area per sign, which are not illuminated and which identfy individuals or companies involved in designing, constructing, fmancing or developing a site under construction. Such signs may be erected and maintained only for a period not to exceed thirty (30) days prior to commencement of construction and shall be removed within fourteen (14) days of termination of P24 consWCtion. A graphic design painted on a construction barricade shall be permitted in addition to such signs, provided it does not idenify or advertise a person, product, service or business. 3. 4. Directiona~structional or wurtesy sgns._ Signs-npt exceeding one and one guarter f1.25)_,_ --- udeeee: or square feet~n area, whichproyide direction or instruction to-guide perspns to-facilities intended to _---.-- ny~; s;,;aa serve the public as remu'ved by law or necessiri. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, accessibiliri routes, restrictions on smokine or solicitation delivery or freieht entrances. affiliation with motor clubs, acceptance of designated credit cazds and other similar signs providing duecfion or instruction to persons using a facility jncluding ~ourtesv information such as "vacancy " "no vacancy " "open," _ ---- oeieted: tap as "closed," and the like. Advertising material of any kind is strictly prohibited on directional -~-'--- ~~; u,a,e„ instructional, or courtesv signs. '~ ny~; a„a 5. Fine art. Works of fine art which in no way identify or advertise a person, product, service or business. 6. Flags. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes. the event. 8. Government sins. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory or informational purposes, street signs, official messaees, warning signs, railroad crossing signs, signs of public service companies indicating dange~or aids to service and safety _------ tr~eeed: sad which are erected by or for the order of government. 9. Historic desienation. Signs placed on or in front of a historic building or site identifying timid _,_-- nmer~:thcrwaure as providine information about a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or the National Reeister of Historic Sites, which sign shall apt exceed six-{6)-_,----- Deleted: beewel~s~gs square feet in area as anoroved by the Historic Preservation Officer. -~ oeaete~; w 10. Holiday decorations. Noncommercial signs or other materials temporarily displayed on traditionally accepted civic, patriofic and/or religious holidays, provided that such decorations are maintained in safe condition, do not constitute a fire hazazd and that the decorations comply with Section 26.575.150, Outdoor lighting. 11. Incidental signs on vehicles. Signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in no way intended to permit signs placed on or effaced to vehicles or trailers which are parked on a public right-of--way, public properly or private property so as to be visible from a public right-of--way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or neazby properly. P25 12. Interior liens. Signs which aze fully located within the interior of any building or within an enclosed lobby or court of any building, which are not visible from the public right of_way, adjacent lots or azeas outside the building. 13. Memorial liens. Memorial plaques or tablets, grave mazkers, statuary declaring names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials or other remembrances of persons or events that are noncommeroial in nature. 14. and food. One (1) sigo per use, with an area not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet wall of that portion of the principal building in which the use to which the sign applies is located, and which ,ts located on or ~n front of the building within which the restaurants located. ------------------------------- 16 Political Siens Political liens announcine rolitical candidates seekine public office political t~arties or political and public issues shall be permitted provided' a The total area of all such liens on a lot does not exceed eieht (8) square feet 18. Public notices. Official government notices and legal notices. 19. D01¢ted: IS.. Menu signs end real estate pictwe foxes. DeleOetl: advertises and/ oeletea: iaerairea a Ddetetl: mmu, drinks w foods offered err special activities incidentd to dries and food service or real b All such lien may be erected no sooner than sixri (601 davs in advance of the election for which thev were made. c All such liens shall be removed no later than seven (7) after the election for which thev were made. P26 20 Real estate for sale or rent sien Real estate siens advertisine the sale or rental of the procertv won which the Bien is located. provided: a Tvce Areal estate for sale or rent Bien shall be a freestandine or wall sien. b Number There shall not be more than one (11 real estate for sale or rent sien oer unit. c Area The area of the tempomrv sien shall not exceed three (3) sarrare feet. d. Hei t. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. 21 Reeulatorv siens Reeulatorv siens erected on orivate procerty such as "no trespassine." which do not exceed two (21 sauaze feet and limited to one (1) oer buildine facade or procertv frontaee as applicable. 22 Reli ions symbols Relieious symbols located on a buildine or properly used for oreanized relieious services. 23. Residential name and address siens. detached residential dwelling t,~nits, dgplexynits, and multi- _---- Dmetm: one 0) aee:tanaing or wall sign Per family residential dwelline units may have wall or frcestandine siens on or in front of the 't: a°"~14a buildine or Iwrtion thereof to identify the street address r~rd/or names of the occupants or name of ~ Deletes: nnh m the dwelline unit The area of the sien is not to exceed two (21 square feet per dwelling unit. If -'•, •' Deleted: ani:,.nth an mea not e.n«aing two tzl the sien is for amulti-family residential complex the total size of all siens shall not exceed W^are fen, which iaenaeu the name of a,e twenty (201 sauare feet. oeePw^: ens Dde[es: of the 24. Street addresses on mailboxes. 25 Sandwich board siens carried by a person Temporary sandwich board siens which are carried by _ - --- Deletes: aovmainc machnne aicaa. Pmnenem, person and aze advertisin or identifvine a scecial unique or limited aenvrty semce product or ^"^'g~""B %~6^s °n vending machines, gasoline U1"P~ 1Ce or milk containers Pr other simaar sale of a limited duration or identifvine a restaurant menu There shall not be more than one (11 m achines indimung only the contents of such s h tempor>L s'en cer us at any one f me Sien must not exceed six (61 sauare feet per side. ae°ie~, the Pricing of the wnm,ta romainea within, direchanel or instructional infnrmaz~on az m use and ns not m exceed an azea of six inches wide rit si di l l E inner aimaar i"f°""°ti°".¶ y g ay secu very pazce may sp 26. Security siens. by six inches long (6" x 6"). Security signs may contain a message, logo or symbol alerting the public to the presence of a security system on the premises. Security signs shall be of a neutral color. Security signs may not be placed N the City right-of--way. 27. Timeshaze identification siens. A building that is approved for exempt timesharing, pursuant to Section 26.590.030, Exempt timesharing, ~-have. a-wall-mounted-sig¢_ with-an-area not_ ----- Deleted: shell exceeding two (2) square feet, stating that it has been approved for timesharing and identifying the name and phone number of a contact person or management entity for the property. 28 Temporary food vending siens The food vendine Hermit mtut include details of the intended civnave includine size, material and location. 29. Temporary sale siens. Temporary sale signs, announcing special sales of products and services, shall be subject to the following: a. Type. The temporary sale sigr shall be placed th the window or windows of the business holding the sale. P27 b. Number. There shall be permitted not more than one (I) temporary sale sign in any window and a total of not more than three (3) temporary sale signs for each use. c. Area Each temporary sale sign shall not exceed three (3) square feet. C. Application. A development applicazion for a sign permit shall include the following information: 1. That information required on the form provided by the Community Development Director; 2. A letter of consent from the owner of the building; 3. Proposed location of the sign on the building or parcel; M. The dimensions,_measurements and calculatrons of muuamg nogia_ges_ana ~mc uuusagca_gp_ streets and alleys; the dimensions of any other sign located on the property and any other information needed to calculate permitted sign area, height, type, placement or other requirements of these regulations. D._Determination of completeness. After a development application for a sign permit has been received, the Community Development Director shall determine whether the application is complete. If the Community Development Drector determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Duector shall take no further action on the application unless the deficiencies are remedied. If the application is determined complete, the Community Development Director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter. E. Determination of compliance. After reviewing the applicazion and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Drector shall approve, approve with conditions or deny the development application for a sign permit. (Ord. No. 10-2005, § 1) 26.510.040. Prohibited signs. The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the City. A. "A" frame, sandwich board and sidewalk or curb signs except as allowed per Paragraph 26.510.130.D.I.e Dtleted: 4.. A blueprint or ink drawing of the plen0. apecificatiorss end method of mnstmaion of the sign vrd its supports, showing proposed dimensions, mavrials and mlors and Ne typq intmsiry and design ofNe sign's illumination, if any; endl s d. Duration. Temporary sale signs may be maintained for a period not to exceed fourteen (14) days and shall be removed at the end of the fourteen (14) days or on the day following the end of the sale, whichever shall occur first and shall not be replaced for at least two (2) months following the removal of the sign(s). P28 B. Permanent Banners and pennants used for commercial purposes not associated with a special event approved by the Specid Events Committee approval per Subsection l6.SIO.O~Br _______________.-.-~ uetead: uo C. Billboards and other ojf-premise signs. Billboards and other off-premise signs, including security company signs which do not comply with the regulations set forth in Subsection 26.510.040.B.20 and signs on benches, aze prohibited, except as a temporary sigo as provided for in Section 26.510.120, Temporary signs. D. Flashing signs. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, Hickey vary m intensity, vary in color or use intermittent electrical pulsations except as permitted per Section 26.575.150, Outdoor lighting. E. Moving signs. Signs with visible moving, revolving, rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes. F. Neon and other gas-Jilted light tubes. Neon lights, televisions usedfor advertising or information and other gas filled light tubes, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. G. Obsolete signs. A sign which identifies or advertises an activity, business, product, service or special event no longer produced, conducted, performed or sold on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the beneficial use of such sign within ten (10) days after written notification from the Community Development Director and upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this Subsection. Signs of historical character shall not be subject to the provisions of this Section. For the purpose of this Section, historical signs are defined m be those signs at least fifty (50) yeazs in age or older. H. Portable and wheeled signs except as allowed per Paragraph 26.510.130.D.I.e I. Roojsigns. J. Search lights or beacons except as approved per Subsection 26.575.750.X, Outdoor lighting, Exemptions. K Signs causing direct glare. A sign or illumination that causes any duet[ glaze into or upon any public right-of--way, adjacent lot or building other than the building to which the sign may be accessory. L. Signs containing untruthful or misleading information. M. Signs creating optical illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. N. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of ineress or egress, prevents free passage from one part of a roof to any other part, interferes with an opening requned forventilation or is attached to or obstructs any standpipe, fire escape or fre hydrant._____,..-- meletea: iesrv O. Signs on parked vehicles. Signs placed oa or affixed to vehicles and/or trailers which aze pazked on a public rightof--way, public property or private property so as to be visible from a public right-of--way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or neazby property. However, this is not th any way intended to prohibit P29 signs placed on or affixed m vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental m the primary use of the vehicle or trailer. P. Signs in public right-ojway. A sign iM on, or above a_public right-of way that in any_ way_ interferes ___.--- odetee: with normal or emergency use of that right-of--way. Any sign allowed in a public right-of-way may be ordered removed by the Community Development Ducetor upon notice if the normal or emergency use of that right-of--way is changed to require its removal. Q. Sheet blimps. Pazked or traveling cars used primarily for advertising, sometimes referred [o as "street blimps," are prohibited. Vehicle signage incidental to the vehicle s primary use is exempt. R. Strings ojlight and strip lighting. Strip lighting outlining commercial stmctures and used to attract attention for commercial purposes and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded and comply with Section 26.575.150, Outdoor lighting. S Unsafe sign Any sign which: 1. Is stmcturally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; 3. Is not kept in good repair, 4. Is capable of causing electrical shocks to persons likely to come into contact with i[; 5. In any other way obstmcts the view of, may be confused with or purports to be an official traffic sign, signal or device or any other official government regulatory or informational sign; 6. Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle or creates, in any other way, an unsafe distraction for vehicle opemtors or pedestrians; 7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare; 8. Is located on trees, rocks, light poles or utility poles, except where required by law; or 9. Is located so as to conflict with the clear and open view of devices placed by a public agency for controlling traffic or which obstructs a motorist's clear view of an intersecting road, alley or major driveway. 26.510.050. Sign measurement location and allotment A. Genera/. In calculating the azea allowance for signs in all Zone Districts, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. See Section 26 510 060 C, Sien Area for the method or measurin sg iens. B. Two or more faces. Where a sign has two or more faces, the area of all faces shall be included m determining the area of the sign, except where two such faces are placed back to back and are at no point more than two feet from one another. The area of the sign shall be taken as the area of the face if the two faces are of equal area or as the area of the larger face if the two faces are of unequal area. (Ord. No. 10- 2005, § 1) P30 C Sign area. Sign azea shall be the area of the smallest four-sided or circular eeometric figure which encompasses the facing of a sign including copy, insignia, background and borders, provided that cut-out letter signs shall be considered wall signs aad their aggregate area shall be credited towazd allowable sign azea at one-half (%:) the measured area. j 1' ~~o~~ o~~~o~ ~oa~ g 8'/,, Fieure 1: Above: Window sign with cutout letters. 18' x 1'1 • .5 = 4 so. ft. total Below Window sien with solid backine. 2' x 10' = 20 sa. ft. total Bottom• Sien with irreeular shape, 2' x 3' = 6 sa. ft. total O ~ z- ~o~c~ o~ ~~o~ ~og~ 0 0 10' 3' P31 Desired Srile Undesirable Srile ~~.~ Fi ure4 architectural feature No wnsistencv in sign height Window signs far more than 25% of window Sien in orooortion to building Sien not orooortional to building Figure 3 ~ ~ ~ni'..d..~., ~'e architectural not exceeding feature 25%of window P32 Buildines that contain one (1) tenant and occuov half a block or more shall be eranted twenri (201 sauaze feet of sienaee oer aoolicable frontane 26.510.060. Sign setback Signs are not subject to the setback requirements of the Zone District where they aze located, __ _ ___----__,----- twarad: (ora. No. °-zaoz, § a; ad. No. la (Ord No 9-2002 S 12~ Ord No 10-2005, & 11 zoos, § t> 26.510,70. Sigo illumination_ --'" °~e~` °'0 A. A[[owed /1[umina6on_ Illumination of signs shall be-designed,-located, shielded and directed in_such _--."- ne~etea: a. ss~ra~r w°nu,ee°,,. a manner that the light source is fxed and is not directly visible from and does not cast glare or direct light from artificial illumination upon any adjacent public right-of--way, surrounding property, residential property or motorist's vision. Illumination shall comply with Section 26.575.150, Outdoor ]ighting,_ _-..-"' tMJeted: (o.d. N°. t azoos, § p B. Prohibited illumination. No sign shall be illuminated through the use of internal illumination, rear illumination, fluorescent illumination or neon or other gas tube illumination, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. 26.510.080. Sigo lettering, logos and graphic designs. A. Lettering. No lettering on any sign, including cut out letter signs, shall exceed twelve (12) inches in height, except that the initial letter in each word shall not exceed eighteen (18) inches in height. B. Logos. No logo on any sign, including cut out letter signs, shall exceed eighteen inches in height and eighteen inches in length (18" x 18"). (Ord. No. 9-2002, § 12; Ord. No. 10-2005, § 1) 26.510.090. Sian types and Characteristics --"" ~~'$1VLUf~ -------------------------------------------- ----------- ode°aa: A. Freestanding signs. Freestanding signs shall not be higher than the principal building or fiftcen (15) "tlC`°` `"` `°"°"""6 """`~'°"' dl fieestanding Proi~n6 end well feet, whichever is less and shall be a minimum of eight (8) feet above grade when located adjacent to a pedestrian way. P33 erase boards are arohibited Sandwich board siens shall not be utilized as merchandise disolavs. A six (6) foot travel width must be maintained on sidewalks and an eight (g) foot travel width on the pedestrian malls. Portable sandwich board siens aze not to be lefr out ovemieht The sandwich board Bien shall not count towards the Bien allotment. Permits for sandwich board signs shall be revocable by the Zoning Officer if the above criteria aze not met or, is the opinion of the Zoning Officer, the sign creates a visual nuisance Sandwich board siens __ -- tWJetetl: -w,y or o~ ar,y vrovaty, mcwai~g hgln must also wmoly with those reouirements found within Section 26.510.090.D. vo:a, belonging m Ne city wiNom me pmn~saron of Ne Ciry Council or in compliance wiM Subsecoan 26.510.1IO.B, Policies regarding signsge on public proputy. Howeva, this P34 Sec. 26.510.100 Zone District sign restrictions sign, and Jhe following ices are permitted,~nd then only conditional use: Tvoe of Sign Number of Maximum Ares Maximum Height of Comments Siens S . Ft. Freestanding Signs Identification WaII $ 1 cer multi- fam11V COn1DleX 10 5' Direct illumination OnIV, tIXDIreS mBSt be • 1 freestandine or , subdivision shielded and in ument or entrance compliance with this mon si na , mobile home park Chapter and 26.575.150 d B d 1 Der street 4 per sien 6' Illumination cermitted. an e t B kf frontaee must be in compliance as rea with [his Chapter and 26.575.150 H I per street 4 per lien 6' Illumination allowed ome Occupation fron a only when it is identifvine a home occupation of an emereenCy SerV1Ce nature Temmiary $iens See $xem0t $If?fld' 26.7/0.030.8 Deleted: shell na be deemed b epPly b signs posted by my duly constiaml public authorities in Ne performmce of their public duties or W specific armmatmw otherwise provided for in this Cheptm.9 B.. Policies regarding signage on public property.9 L.Puryose of regulations. Thepurpose of these regulatoru is to establish reazonable regulaions for the posting oEtanparery signs, displays coil bmnus on cumin public property. The reguletimshuein include (a) ugnage on public rights-of~wag (b) bmnus coil Flags on light posh on Main Street (c) signs in Ciry puks, (d) displays in Ciry parks, (e) aigns hung auoss Men Street at Third Street aril (1) Deleted: on public buildings. Theo regulaioru shall be read in conjunction with this Chapter Deleted: ue not intmdd to superseAe the regulations of signs az set foM thuein.A Temporuy signs coil displas provide m importmt medsum through w1urA ndmduals may convey a vuiery of nonmmmucial coil commercial messages. However, lea completely unregulated, tunporuy signs and displays can become a gees to public safety as atrdtic bawd aM detrimental to property values coil the City's overall public welfue az an aesdtetic nuismm. These regulatiore are intended m wpplemmt this Chaptu coil to assist City staAto implement the regulaions adopted by the City Council. These regulations are adoptW to:9 a Balmce Ne rights of individuals m convey their messages through temporary signs w displays coil l the right of Ne public W be protected against •~, mvestriaed prolifuation of signs coil displays;9 ' b.. Furthu the objcetives ofthis Chaptu, Si t Deleted: d~nitioris shall apply q Banom meets mY sign of lightweght fabriF plaztic or simile mauiel that is atreched m my structure, pole, line or vehicle coil possessing chuaaers, letrers, illustraims momemmtations9 ~•, Baonm, light post means any sign of lightweight l fabdq plastic or similes mauial tha is atmched to a •• liga pop coil pnssesin6 chuaaers, letters, illuatraions w ornammtatiow whirA meek the dimensional requir cots for and is intmdd m be • inrtalled m municipal light posa.9 2 Deleted: in public rights-of-way to ~vemse noncommercial spxiel evmu open Io the eenual public pmvidd the following policie coil •, Procedure are followed. These regulaims do not '. apply m humus on the Main Str«t light posh or ~~ hinging awass Mein Strcet the are subjeato diffumt reguletioris and uitesia9 ~•~ b.. SizeMumbe/Maerid: On1Y two signs Pe evmJorgmiration shill be pumitvA. Signs shall ~• na ezwed ten square feet each coil bamus shall not ezcced f aY square feet Barmers must be m 3 Deleted: 4, .Real estate for sale or rent sign. Temporary real estae signs adveNSing the sale or rental of the property upon which Ne sign is located, subjutto the following:9 a .Type. The temporary real mate for sale or rent sign ahall be a freestanding ar wall sign.9 b.. Number. Thue shill be not more Nan one (I) temporary eel esate for sale or rent sign pw unit9 a .Area The area of the temporary sign ahdl not ezceed [hrce (3) square fta.¶ ... q P35 B. Arts. caltaral, civic and academic uses. For all_ s cultural civic and academic uses, only _ ..--- Dilated: Lu~ti8.6oaal temporary signs permitted under Section 26.510~030.B Exempt signs,- and the following signs are _ ~"'-- py~; d„~ school ana publie adminiao-aove permitted and then only if necessary and incidental to a permitted or wnditiona] use ([here shall be not •'• bwlaing n,n.P rhn., n.,~ !~1 clone rerrnitted alnnv the lot frontaae on anv one (1) street, not to exceed a total of four '' Ddehed: 120. Temporary (4) signs per loll: Tvoe of Sian Number of Sian Area fSa. Ft.l Maximum Heiaht Comments glans of Freestandina glans Identification No more than See 26 S10.OSO.E. 6' Illumination Si l two !21 S~ allotment permitted, unless in a l (freestandin freestandine residential zone. Size g wall or si ns r of Sien cannot exceed proiectine sien fronts a six (61 sa. ft. No more than See 26.S10.OSO.E, n/a Illumination two /21 wall Sim allotment cermitted. unless in a gins cer residential zone. Size fronts a of sien cannot exceed six (61 sq. ft. Must not eo above eave op int. No more than See 26.510.050.E n/a Illumination two (21 S~ allotment permitted. unless in a rojective or residential zone. Size p hangin sg lens of Sien cannot exceed per frontage six (61 sa. ft. Must . not go above eave 0o int. Temporary Sians See Faemat Sians. 26.110.030.8 oetetea:l. cnard~, school pr vabhn admisdstretive building idrnrificetion signsy a.7Ype. The churcA, school or public adminimarive building identiticm~on sign shall be a frees[rnding m wall sign.y b.. Number. There shill be not more than two (2) signs permitted along the lot frontage on any one (1) atrea, not to ezceW a total of four (Q) sign per lot, subject to tM area requimmrnts in Paragraph 26.AO.UaB.I c[ a Army (1). Freestanding sign. The area of afreestanding sign shall not exceed ten (10) square feety (2). Will sign. The area of a will sign stall not exceed tm (10) square feery (3) Aggregate asgn area The aggregate sign area pmnitted done the lot frontage on any one (I) street shall not mececa one (1) square foot of aggregate sign area for earA Ihme (3) fcet of lot line frontage occupied by or projead from the building within which Me Prinupil use is condoned. The aggregate dgn area permitted long the lot frontage on any dley shill be computed as if the illey were s meet. N no case shill the aggregate sign area for any one (1) use on any ou 0) fontage execed twrnry (20) aquae fen.y (4) .Illumination. 'Die sign may be illuminated ucept when located in a residentid Zone Dimidy P36 C Reereationat~se! suns, and the followi conditional there street, not to exceed a are permitted and then only if necessary per to a permitted or Tvpe of SieD Number of Maximum Heieht Comments Siens Sien Area (SD. Ft.l of Freestandine $IEDS Identification No more than See 26.510.O50.E, 6' Illumination Si one 1 Sizn allotment permitted unless in a ~rl t ding (f freestanding residential zone. Size rees an ll i l si ns er of sign cannot exceed or wa s en fronts a six (61 sc. ft. No more than See 26.510.050.E da Illumination two (11 wall Sign allotment permitted, unless in a signs tier residential zone. Size fronts a of si@n cannot exceed six (61 so. ft. Must not eo above gave oomt. Temoorarv SiEns See Exempt Stares. 26.//0.030.8 Deleted: eWb or opm me rsreoston sve Deleted: all rweation club or opm acre rmreazion dm Deleted: tempmary Deleted::q 1.. Recreation club m open uu recreation siu deignation signs.¶ a.Type. The ucremion clubmopm use recreation site designation siyP shall be a freestanding or wall ugn.9 b.. NUmbm. There Dele[etl: sign Per uu Delehad: , subjta m Ne area requirements in Subparagraph 26 510.130.C.1.c. Dalebad: c . nroap (1). Frartarrding sign. The area ofafreestanding sign shill not exceed ten (10) square Eta.f~ (2) . Well sign. The arm of swill sign shill not azcem ten (]o) square fe3f (3). Aggregetc sign area The aggregate sign arm pmnitred long the lot frontage on any one (1) meet shall not exceed one (I) square foot of aggegae sign arm for each Nree (3) fta of IM lire frontage occupied by m projmted from the area of the lot within which the principal uu is mnducial. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the dley wme a strew. In no case shall the aggregate sign area for any one (I) frontage exceed twenty (20) square feee¶ (4). aluminarion. The sign may be illuminated only dicing hours of normal opmazion aril the illumination must comply with Section 26.5]5.150, Oudoor lighting.¶ P37 D. Commercial uses. For all ~mmerciE three (3) types of signs cer individual br signs, including wall siens with cut out projecting signs or Deletm: c Only siens permitted under Section 26 510 030 B Exempt siens and the followine siens are cermitted and then only if accessory and incidental to a cermitted or conditional use: Type of Sign Number of Signs Sign Area Maximum Height of Comments (Sq. Ft.) Freestanding Signs Identification Freestanding See 6' Size not to exceed six Sign sign. 1 per 26.S10.OSO.E, (6) sq. ft. Illumination (freestanding individual tenant Sign allotment permitted. wall, projecting building frontage. h i / ang ng, SandWlch window board Wall sign. 2 per See n/a Size not to exceed six , , or awning sign) individual tenant 26.S10.OSO.E, (6) sq. ft. Illumination building frontage. Sign allotment rnitted. Must o pe g above eave point. Projecting or See n/a Size not to exceed six hanging sign. 1 26.510.OSO.E, (6) sq. ft. Illumination per individual Sign allonment permitted. Must not go tenant building above eave point. frontage. Window sign. 1 See des Counts towards sign per window. 26.S10.OSO.E, allotment. Cutout Sign allotment letters signs count as 1/2 total area. Not to exceed 25°/P of window Awning sign. 2 See n/a Counts towards sign per awning. 26.S10.OSO.E, allotment. Cutout letter Srgn allotment sign counts as 1/2 total azea Debted: Corc (CC), Commerud (Cd), LodgN'ourist RmrdmtiA (1/rR), Lodge Preaervetion (IA), Commercial Lodge (CL), NeigMoNood Commuciel (NC), Mizell Uu (MU) or Service CommemaVlndusmd (SCq Zone District DdB[!tl: ,only tanporery signs pvmitted undo Section 26.510.12a, 7empmary sigm, and Ne following signs are permitted and then only if accessory and incidmW b a peitnitted m conditional ux:y 1.. Business m o«upmq idmtif cation signs.y a .Type. The business and occupmcy idmtifmtion signs shall be fre«tanding signs, projecting signs, well sign; including cut out letter signs or lettuing on awnings. ', b.. Numbs ', Ddn[ed: a wmbinazion oftwo (2) Deleted: sign subject W the Brea raquir rats in Subparrtgnph 26.510.13g.D].c Ddst[ed: U additive, these sM1ell be w limit on Ne number of business and orapmcy idmtifimsion signs which may be placed in Ne windows of the business; provided Net said sigm shall wont against Ne aggregate sib arm pemitnd u if the window sign was a at out lettu sign. TM1erc shall also be no limit on the number of awnings which may be Imered; provided Nu said sign shall wont against ~~ Ne aggregate sign arm permitted as if the window l signwm aver out lever sign. Deleted: c. Army (1). Fremtmding sign. The arm ofafreestmding vgn shall not mceed ten (In) square £«ty (2). ProjeRing sign. The arm ofe projmting sign Nall nm exceed six (6) square feet.' (3) . Wdl sign. The arm of a wall sign shall not exceed ten (la) square feG.y (F) .Awning sign. The arm of m awning sign shell na be limiwd, bra Ne Iettain8 on Nc awnin6 shell not m«ed siz (~ inchm in height (5). Aggregate sign arcs The aggrcgae vgn area pmnrtted along Ne lot fmntege on my one (1) meet shall not exceM one (1) square foot of aggregate sign arm fm mrrh Nrce (3) fret of la line frontage oceupied by or projected fmm Ne building within wM1icM1 Ne Principal um is wnductM. The aggregate sign arts permitted along Ne lot frontage on my dlry shall be wmprrtrd as if the ellry woe a men. ttthere is more Nm one (1) use or tenant within Ne principal building, Nm the aggrcl5are sib arm permitted fm each use a tmmt wihin the building shall be Net putiw oENe aggregate sign arm as eg«d open by dse owners and occuparrcs ofthc building. TheCommunity Development Director sbdl be noVfed of sucM1 agreanm[ and Ne rcry«tive proportionYe shares of signage. In no cane abdl Ne aggregate sign arm for my one (1) use my one (1) frontage mead twenty (20) square f«Ly d.. Lomtiw. The business and occupmcy iderdiBcation signs shall be lomted on Ne b~sinms being identlEed, unless Ne buainms does not M1rn frontage & street grade. Par such businesses, one (I) sign maY ~ loaned on the business beine id P38 Commercial Use Signs Corstinued: Type of Sign Number of Signs Sign Area (Sq. Ft.) Comments Sandwich 1 per business No more ttran nine (9) sq. ft per Mus[ obtain permit. No dry Boazd Sign side erase. Only permitted for retail and restaurant business with no ground level exposure and/or no visibility along the public right- or-way. Signs must be placed adjacent to the business they represent. Only permitted within the CC and C-1 Zone Districts. Dces not count towards sign allotment. Also see criteria under 26.510.090.E Business No more than one For 1 to 5 businesses: One sq. The portion of the directory sign directory signs (1) business ft. of sign area per business used for the associated business directory sign per counts towards that business's lot. For 6 to ]0 businesses: Five sq. sign allotment. ft. plus %s sq. ft. for each business over five businesses For more than 10 businesses: 7 'h sq. ft. plus '/. square foot for each business over ten businesses, to a max sign area of 10 sq. ft. Temporary See Exempr Signs, 26.170.030.8 Signs P39 E. Lodge uses. For all lodge uses: There shall be no more than three (3) of the following three (3) types of signs per individual business frontage: freestanding signs, projecting signs or wall signs, including wall signs with cut out letters. No business shall have more than six (6) of the previously listed signs, either individually or N combination. Only signs permitted under Section 26.610.030.B, Exempt signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: Type of Sign Number of Signs Sign Area Maximum Height of Comments (Sq. Ft.) Freestanding Signs Identification Freestanding See 6' Size not to exceed six Sign sign. 2 per 26.610.OSO.E, (6) sq. ft. Illumination (freestanding, individual tenant Sign allotment permitted. wall, projecting building frontage. /hanging..__.___ ______________ _____ window, or awning sign) Wa0 sign. 2 per See da Size not to exceed six individual tenant 26.510.O50.E, (6) sq. ft. Illumination building frontage. Sign allotment permitted. Must go above eave point. Projecting or See n/a Size not to exceed six hanging sign. 2 26.S10.OSO.E, (6)sq. ft. Illumination per individual Sign allotment permitted. Must not go tenant building above eave point. frontage. Window sign. 1 See n/a Counts towards sign per window. 26.610.OSO.E, allotment. Cutout Sign allotment letters Signs count as 1/2 total area. Not to exceed 25% of window Awning sign. 2 See n/a Counts towards sign per awning. 26.S10.OSO.E, allotment. Cutout letter Sign allotment sign counts as 1/2 total area Temoorarv See Exemot Signs Sims 26.110.030.8 tldetM: =°"dwicb board P40 JJnless readopted by City_Council on or before Aprj] 11,-2UU5r Ure proyi Procedure for sign permit approval and its Subsections (D)(5)(3)??? shall be 26.510.110. Window displays. Window displays of merchandise and representations thereof are not subject to sign regulations, sign square footage and do not requve a sign permit, except the following are prohibited in window displays: 1. Televisions, computer monitors or other similaz technological devices that create oscillating light. 2. Neon or other gas tube illumination, rope lighting or low-voltage strip lighting. (Ord. No. 10-2005, § 1) DelMetl: V 9 Deleted: 2.. Business directory signs.¶ a.. Type. The buainess directory signs shall be wall signs or freeslanaing signs y b.. Number. Throe shall be not mare than one (1) business directory sign per loi.9 c .Area The mardmum permuted arm ofthe business diraaory sign shall bees followa ¶ 4GFOr 1 to 5 businesus --One square foot of sign arm per business) -JPFOr 6 m 10 businmsa--Five square fcet plus square foot for md~ businss over f ve businases.q ~WFor more than 10 businasa--] 1R square fM, plus % square foot for emb business over ten bus essa, to a maximum sign arm of 10 square feet.) 9 fora. Na. lo-zoos, 4 D P41 RESOLUTION N0. _ (SERIES OF 2010) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE FOLLOWING SECTION OF THE CITY OF ASPEN LAND USE CODE: 26.510 WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, WHEREAS, the amendments requested relate to Section 26.510 of the Land Use Code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, at a duly noticed public hearing, the Planning and Zoning Commission continued the hearing to consider the proposed amendments as described herein to January 5, 2010, where the Planning and Zoning Commission reviewed the draft Sign Code and continued the discussion to February 16th and again to April 6`h, 2010. WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on April 6, 2010, took and considered public testimony and the recommendation of the Director and recommended, by a (-)vote, City Council adopt the proposed amendments. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.510, Signs, which section defines, describes, authorizes, and regulates Signs within the City of Aspen to read as follows: Planning and Zoning Commission Resolution No. _, Series of 2010 Page 1 P42 Chapter 26.510 SIGNS Sec. 26.510.010 Sec. 26.510.020 Sec. 26.510.030 Sec. 26.510.040 Sec. 26.510.050 Sec. 26.510.060 Sec. 26.510.070 Sec. 26.510.080 Sec. 26.510.090 Sec. 26.510.100 Sec. 26.510.110 Purpose Applicability and scope Procedure for sign permit approval Prohibited signs Sign measurement and allotment Sign setback Sign illumination Sign lettering, logos and graphic designs Sign types and structural characteristics Zone District sign restrictions Window displays 26.510.010. Purpose. The purpose of this Chapter is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral and nondiscriminatory sign standards and requirements. Toward this end, the City Council finds that the City is an historic mountain resort community that has traditionally depended on a tourist economy. Tourists, in part, are attracted to the visual quality and character of the City. Signage has a significant impact on the visual character and quality of the City. The proliferation of signs in the City would result in visual blight and unattractiveness and would convey an image that is inconsistent with a high quality resort environment. Effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. The City must compete with many other Colorado, national and international resort communities for tourism opportunities. In order to preserve the City as a desirable community in which to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance. These sign regulations are intended to: A. Preserve and maintain the City as a pleasing, visually attractive environment. B. Promote and accomplish the goals, policies and objectives of the Aspen Area Comprehensive Plan. C. Enhance the attractiveness and economic well-being of the City as a place to live, vacation and conduct business. D. Address community needs relating to upgrading the quality of the tourist experience, preserving the unique natural environment, preserving and enhancing the high quality human existence, retaining the City's premier status in an increasingly competitive resort market, preserving the historically and architecturally unique character of the City, Planning and Zoning Commission Resolution No. _, Series of 2010 Page 2 P43 fostering the "village style" quality of the City and preserving and enhancing scenic views. E. Enable the identification of places of residence and business. F. Allow for the communication of information necessary for the conduct of commerce. G. Encourage signs that are appropriate to the zone district in which they are located and consistent with the category of use to which they pertain. H. Permit signs that are compatible with their surroundings and aid orientation and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. I. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. J. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. K. Protect the public from the dangers of unsafe signs and require signs to be constructed, installed and maintained in a safe and satisfactory manner. L. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. M. Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians. (Ord. No. 10-2005, § 1) 26.510.020. Applicability and scope. This Chapter shall apply to all signs of whatever nature and wherever located within the City except for the Aspen Highlands Village PUD. Sign regulations for Aspen Highlands Village PUD were approved as City Council Ordinance 43, Series of 2003. No sign shall be allowed except as permitted by this Chapter. (Ord. No. 10-2005, § 1) 26.510.030. Procedure for sign permit approval. A. Permit require4 It shall be unlawful to erect, place, construct, reconstruct or relocate any sign without first obtaining a sign permit from the Chief Building Official. Ordinary preventive maintenance including repainting of a lawfully existing sign, which does not involve a change of placement, size, lighting, color or height is exempt from having to obtain a permit. B. Signs not requiring a permit. The following signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. Banners pennants streamers and balloons and other aas-filled fi¢ures. Temporary banners, pennants, streamers, balloons and inflatables shall be permitted per Land Use Code Section ,Policies regarding signage on public property. Non- Planning and Zoning Commission Resolution No. _, Series of 2010 Page 3 P44 permanent Streamers, pennants, and balloons shall be permitted in association with a retail special event or sale of limited duration. Construction siens. One (1) freestanding or wall sign along each lot line frontage on a street for a site under construction not to exceed a total of two (2) signs per site, which do not exceed six (6) square feet in area per sign, which are not illuminated and which identify individuals or companies involved in designing, constructing, financing or developing a site under construction. Such signs may be erected and maintained only for a period not to exceed thirty (30) days prior to commencement of construction and shall be removed within fourteen (14) days of termination of construction. A graphic design painted on a construction barricade shall be permitted in addition to such signs, provided it does not identify or advertise a person, product, service or business. 3. Designated public aostine siens -Signs such as concert announcements, special event notifications, and grand openings can be placed on designated public posting areas such as the ACRA kiosk adjacent to the pedestrian mall. 4. Directional instructional or courtesy siens. Signs, not exceeding one and one quarter (1.25) square feet in area, which provide direction or instruction to guide persons to facilities intended to serve the public as required by law or necessity. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, accessibility routes, restrictions on smoking or solicitation, delivery or freight entrances, affiliation with motor clubs, acceptance of designated credit cards and other similar signs providing direction or instruction to persons using a facility including courtesy information such as "vacancy," "no vacancy," "open," "closed," and the like. Advertising material of any kind is strictly prohibited on directional, instructional, or courtesy signs. 5. Fine art. Works of fine art which in no way identify or advertise a person, product, service or business. 6. Flans. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes. 7. Garages estate kard sale or auction siens. On-site or off-site signs which advertise a private garage, estate, yard sale or auction provided such signs are displayed no more than twice per year per residence for a period not to exceed three days. Sign must be removed at the conclusion of the event. 8. Govemment siens. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory or informational purposes, street signs, official messages, warning signs, railroad crossing signs, signs of public service companies indicating danger, or aids to service and safety which are erected by or for the order of government. 9. Historic desi ng anon. Signs placed on or in front of a historic building or site identifying and providing information about a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or the National Register of Historic Sites, which sign shall not exceed six (6) square feet in area, as approved by the Historic Preservation Officer. Planning and Zoning Commission Resolution No. _, Series of 2010 Page 4 P45 ]0. Holidaydecorations. Noncommercial signs or other materials temporarily displayed on traditionally accepted civic, patriotic and/or religious holidays, provided that such decorations are maintained in safe condition, do not constitute a fire hazard and that the decorations comply with Section 26.575.150, Outdoor lighting. 11. Incidental siens on vehicles. Signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in no way intended to permit signs placed on or affixed to vehicles or trailers which are parked on a public right-of--way, public property or private property so as to be visible from a public right- of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. 12. Interior sins. Signs which are fully located within the interior of any building or within an enclosed lobby or court of any building, which are not visible from the public right- of-way, adjacent lots or areas outside the building. 13. Memorial siens. Memorial plaques or tablets, grave markers, statuary declaring names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials or other remembrances of persons or events that are noncommercial in nature. 14. Menu signs boxes. An exterior surface mounted or pole mounted sign box which advertises and/or identifies a restaurant menu, drinks or foods offered or special activities incidental to drink and food. One (1) sign per use, with an area not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet wall of that portion of the principal building in which the use to which the sign applies is located, and which is located on or in front of the building within which the restaurant is located. 15. Movie theater and performance venue sins. Signs not to exceed thirty inches by forty- two inches (30" x 42"), located within the inner or outer lobby, court or entrance, window display, or interior or exterior poster box of a theatre or performance venue. These signs are limited to conveying information regarding movie, theater, music, or other similar artistic performances or events and shall not be used for unrelated commercial content. Variable message displays, televisions, or other forms of digital marquees which may be incidentally visible from the exterior may be used. Only one variable message display, television, or similar digital marquee may be designed to be visible exclusively from the exterior provided it is limited to a thirty-two (32) inch or smaller screen and shall not contain commercial content unrelated to the advertised events and provided that it is not mounted on the exterior of the building. 16. Political Sins. Political signs announcing political candidates seeking public office, political parties or political and public issues shall be permitted provided: a. The total area of all such sins on a lot does not exceed eight (81 square feet. b. All such sign may be erected no sooner than sixty (60) days in advance of the election for which they were made. c. All such signs shall be removed no later than seven (7) afrer the election for which they were made. Planning and Zoning Commission Resolution No. _, Series of 2010 Page 5 P46 d. Political signs may not be placed on public property, rights-of--way adjacent to public property, or within the State Highway 82 traffic way including the round- a-bout and traffic islands. Political signs carried or worn by a person are exempt from these limitations. 17. Property management signs. A building may have one sign with an area not exceeding one (1) square foot identifying the name and phone number of a contact person or management entity for the property. Multi-Family buildings may have up to one (1) sign per ten (10) residential units. 18. Public notices. Official government notices and legal notices. 19. Practical puraose suns. Practical signs erected on private property, such as lost property signs, cautionary or "beware" signs, wedding announcements, graduation celebrations, and other signs announcing a special events or functions which do not exceed two (2) square feet and limited to one (1) per building facade or property frontage, as applicable. 20. Real estate for sale or rent si¢n. Real estate signs advertising the sale or rental of the property upon which the sign is located, provided: a. Type. Areal estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall not be more than one (1) real estate for sale or rent sign per unit. c. Area. The area of the temporary sign shall not exceed three (3) square feet. d. Hei ht. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. e. Duration. The temporary sign may be used as long as the property is actively for sale or rent but must be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located 21. ReQUlatorv signs. Regulatory signs erected on private property, such as "no trespassing," which do not exceed two (2) square feet and limited to one (1) per building fapade or property frontage, as applicable. 22. Religious s1-mbols. Religious symbols located on a building or property used for organized religious services. 23. Residential name and address signs. Detached residential dwelling units, duplex units, and multi-family residential dwelling units may have wall or freestanding signs on or in front of the building or portion thereof to identify the street address and/or names of the occupants or name of the dwelling unit. The area of the sign is not to exceed two (2) square feet per dwelling unit. If the sign is for amulti-family residential complex, the total size of all signs shall not exceed twenty (20) square feet. 24. Street addresses on mailboxes. 25. Sandwich board sins carried by a aerson. Temporary sandwich board signs which are carried by a person and are advertising or identifying a special, unique or limited activity, service, product or sale of a limited duration or identifying a restaurant menu. Planning and Zoning Commission Resolution No. _, Series of 2010 Page 6 P47 There shall not be more than one (I) such temporary sign per use at any one time. Sign must not exceed six (6) square feet per side. 26. Security siens. Every parcel may display security signs not to exceed an area of six inches wide by six inches long (6" x 6"). Security signs may contain a message, logo or symbol alerting the public to the presence of a security system on the premises. Security signs shall be of a neutral color. Security signs may not be placed in the City right-of- way. 27. Timeshare identification sins. A building that is approved for exempt timesharing, pursuant to Section 26.590.030, Exempt timesharing, may have awall-mounted sign with an area not exceeding two (2) square feet, stating that it has been approved for timesharing and identifying the name and phone number of a contact person or management entity for the property. 28. Temporary food vendine signs. The food vending permit must include details of the intended signage including size, material and location. 29. Temporary sale siens. Temporary sale signs, announcing special sales of products and services, shall be subject to the following: a. Type. The temporary sale sign shall be placed in the window or windows of the business holding the sale. b: Number. There shall be permitted not more than one (1) temporary sale sign in any window and a total of not more than three (3) temporary sale signs for each use. c. Area. Each temporary sale sign shall not exceed three (3) square feet. d. Duration. Temporary sale signs may be maintained for a period not to exceed fourteen (14) days and shall be removed at the end of the fourteen (14) days or on the day following the end of the sale, whichever shall occur first and shall not be replaced for at least two (2) months following the removal of the sign(s). 30. Vending machine signs. Permanent, potentially internally illuminated but non-flashing signs on vending machines, gasoline pumps, ice or milk containers or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use and other similar information. C. Application. A development application for a sign permit shall include the following information: I. That information required on the form provided by the Community Development Director; 2. A letter of consent from the owner of the building; 3. Proposed location of the sign on the building or parcel; Planning and Zoning Commission Resolution No. _, Series of 2010 Page 7 P48 4. The dimensions, measurements and calculations of building frontages and line frontages on streets and alleys; the dimensions of any other sign located on the property and any other information needed to calculate permitted sign area, height, type, placement or other requirements of these regulations. D. Determination of completeness. After a development application for a sign permit has been received, the Community Development Director shall determine whether the application is complete. If the Community Development Director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application unless the deficiencies are remedied. if the application is determined complete, the Community Development Director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter. E. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. (Ord. No. 10-2005, § 1) 26.510.040. Prohibited signs. The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the City. A. "A "frame, sandwich board and sidewalk or curb signs except as allowed per Paragraph 26.510.130.D.1.e. B. Permanent Banners and pennants used for commercial purposes not associated with a special event approved by the Special Events Committee approval per Subsection 26. S10.030.B, C. Billboards and other off-premise signs. Billboards and other off-premise signs, including security company signs which do not comply with the regulations set forth in Subsection 26.510.040.B.20 and signs on benches, are prohibited, except as a temporary sign as provided for in Section 26.510.120, Temporary signs. D. Flashing signs. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electrical pulsations except as permitted per Section 26.575.150, Outdoor lighting. E. Moving signs. Signs with visible moving, revolving, rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes. F. Neon and other gas-filled light tubes. Neon lights, televisions used for advertising or information and other gas-filled light tubes, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. G. Obsolete signs. A sign which identifies or advertises an activity, business, product, service or special event no longer produced, conducted, performed or sold on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down Planning and Zoning Commission Resolution No. _, Series of 2010 Page 8 P49 by the owner, agent or person having the beneficial use of such sign within ten (]0) days after written notification from the Community Development Director and upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this Subsection. Signs of historical character shall not be subject to the provisions of this Section. For the purpose of this Section, historical signs are defined to be those signs at least fifty (50) years in age or older. ff. Portable and wheeled signs except as allowed per Paragraph 26.510.130.D.1.e. I. Roojsigns. J. Search lights or beacons except as approved per Subsection 26.575.ISO.F7, Outdoor lighting, Exemptions. K. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any public right-of--way, adjacent lot or building other than the building to which the sign may be accessory. L. Signs containing untruthful or misleading information. M. Signs creating optical illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. N. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of ingress or egress, prevents free passage from one part of a roof to any other part, interferes with an opening required for ventilation or is attached to or obstructs any standpipe, fire escape or fire hydrant. O. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of--way, public property or private property so as to be visible from a public right-of--way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. P. Signs in public right-oj way. A sign in, on, or above a public right-of--way that in any way interferes with normal or emergency use of that right-of--way. Any sign allowed in a public right- of-way may be ordered removed by the Community Development Director upon notice if the normal or emergency use of that right-of--way is changed to require its removal. Q. Street blimps. Parked or traveling cars used primarily for advertising, sometimes referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's primary use is exempt. R. Strings of light and strip lighting. Strip lighting outlining commercial structures and used to attract attention for commercial purposes and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded and comply with Section 26.575.150, Outdoor lighting. Planning and Zoning Commission Resolution No. _, Series of 2010 Page 9 P50 S. Unsafe signs. Any sign which: 1. Is structurally unsafe; 2. Constitutes a hazazd to safety or health by reason of inadequate maintenance or dilapidation; 3. Is not kept in good repair; 4. Is capable of causing electrical shocks to persons likely to come into contact with it; 5. In any other way obstructs the view of, may be confused with or purports to be an official traffic sign, signal or device or any other official government regulatory or informational sign; 6. Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle or creates, in any other way, an unsafe distraction for vehicle operators or pedestrians; 7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any pazking area, service drive, public driveway, alley or other thoroughfaze; 8. Is located on trees, rocks, light poles or utility poles, except where required by law; or 9. Is located so as to conflict with the cleaz and open view of devices placed by a public agency for controlling traffic or which obstructs a motorist's cleaz view of an intersecting road, alley or major driveway. 26.510.050. Sign measurement, location and allotment A. General. In calculating the azea allowance for signs in all Zone Districts, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. See Section 26.510.060.0, Sign Area for the method or measuring signs. B. Two or mare faces. Where a sign has two or more faces, the area of all faces shall be included in determining the azea of the sign, except where two such faces aze placed back to back and are at no point more than two feet from one another. The area of the sign shall be taken as the area of the face if the two faces aze of equal azea or as the azea of the lazger face if the two faces aze of unequal azea. (Ord. No. 10-2005, § 1) C. Sign area. Sign azea shall be the azea of the smallest four-sided or circular geometric figure which encompasses the facing of a sign including copy, insignia, background and borders, provided that cut-out letter signs shall be considered wall signs and their aggregate area shall be credited towazd allowable sign azea at one-half (%) the measured azea. Plam ;and ng Commission Resolution N~. _, Series of 2010 Page 10 P51 j i, ~~ ~o~~ o~~[~o~ ~og~ 8' ~// Figure 1: Above: Window sign with cutout letters. (8' x 1') ` .5 = 4 sq. ft. total Below: Window sign with solid backing. 2' x 10' = 20 sq. ft. total Bottom: Sign with irregulaz shape, 2' x 3' = 6 sq. ft. total O ~ ~o~c°~ ~~ ~G~u~ ~og~ o lo' 3' Planning and Zoning Commission Resolution No. _, Series of 2010 Page 11 2' P52 D. Sign location and placement. When possible, signs should be located at the same height on buildings with the same block face. Architectural features should not be hidden by sign location. Signs should be consistent with the color, scale, and design of the building and not overpower facades. Desired Style Figure 3 Undesirable Style n Sign not covering architectural feature ~~.t ~- Sign covering ~ Figure 4 architectural feature Planning and Zoning Commission Resolution No. _, Series of 2010 Page 12 Signs located at same height Window signs not exceeding 25% of window No consistency in sign height Window signs far more than 25% of window Sign in proportion to building Sign not proportional [o building P53 E. Sign Allotment. Non-residential uses, other than lodge uses, shall be allotted six (6) square feet of signage per individual business frontage. Lodge uses shall be eligible for ten (10) square feet of signage allotment per individual frontage. Businesses with articulating facades along one elevation shall combine such facades to receive one signage allotment. Businesses that share occupancy of a single tenant space within a portion of a building shall share the sign allotment. If businesses share occupancy, but there is a clear and definable separation between uses, than each business shall have its own signage allotment. Buildings that contain one (1) tenant and occupy half a block or more shall be granted twenty (20) square feet of signage per applicable frontage. 26.510.060. Sign setback. Signs are not subject to the setback requirements of the Zone District where they are located. (Ord. No. 9-2002, § 12; Ord. No. 10-2005, § 1) 26.510.070. Sign illumination. A. Allowed /[lumination. Illumination of signs shall be designed, located, shielded and directed in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light from artificial illumination upon any adjacent public right-of--way, surrounding property, residential property or motorist's vision. Illumination shall comply with Section 26.575.150, Outdoor lighting. B. Prohibited illumination. No sign shall be illuminated through the use of internal illumination, rear illumination, fluorescent illumination or neon or other gas tube illumination, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. 26.510.080. Sign lettering, logos and graphic designs. A. Lettering. No lettering on any sign, including cut out letter signs, shall exceed twelve (12) inches in height, except that the initial letter in each word shall not exceed eighteen (]8) inches in height. B. Logos. No logo on any sign, including cut out letter signs, shall exceed eighteen inches in height and eighteen inches in length (18" x 18"). (Ord. No. 9-2002, § 12; Ord. No. 10-2005, § 1) 26.510.090. Sign types and characteristics A. Freestanding signs. Freestanding signs shall not be higher than the principal building or fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet above grade when located adjacent to a pedestrian way. B. Identification signs. Signs intended to ident~ the name of a subdivision, multi family residential complex, mobile home park, or business name. Identification signs shall be visible from the public right-of--way or private street. Planning and Zoning Commission Resolution No. _, Series of 2010 Page 13 P54 B. Projecting or hanging signs. Projecting and hanging signs shall not be higher than the eave line or parapet wall of the top of the principal building, shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and shall not extend more than four (4) feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning. C. Wal/ signs. Wall signs shall not be higher than the eave line or parapet wall of the top of the principal building and no sign part, including cut out letters, shall project more than six (6) inches from the building wall. (Ord. No. 10- 2005, § 1) D. Awning Signs. Signs (including lettering) may only be placed on first floor or lower level awnings with visibility to a public right-of--way or parking lot. No sign may project above, below, or off of an awning. Figure 5: Projecting Sign E. Monument Signs. A sign which has a bottom that is permanently affixed to the ground, not a building, shall be considered a monument sign. The size and design shall meet the use requirements for that type of sign. The sign face must be directly connected to the base of the sign. Landscaping shall be provided so that the sign transitions into the ground naturally. F. Portable Sandwich Board Signs. Sandwich board signs are two-sided self-supported a- frame signs, or any other two sided portable sign. Sandwich board signs must be made primarily of wood or metal and must have a professional finish. Incorporated inserts must be made out of chalkboard. Dry erase boards are prohibited. Sandwich board signs shall not be utilized as merchandise displays. A six (6) foot travel width must be maintained on sidewalks and an eight (8) foot travel width on the pedestrian malls. Portable sandwich board signs are not to be left out overnight. The sandwich board sign shall not count towards the sign allotment. Permits for sandwich board signs shall be revocable by the Zoning Officer if the above criteria are not met or, in the opinion of the Zoning Officer, the sign creates a visual nuisance. Sandwich board signs must also comply with those requirements found within Section 26.510.090.D. Planning and Zoning Commission Resolution No. _, Series of 2010 Page 14 P55 Sec. 26.510.100 Zone District sign restrictions A. Residential uses. For all residential uses, only signs permitted under Section 26.510.030.B, Exempt signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: Type of Sign Number of Maximum Area Maximum Height of Comments Signs (Sq. Ft.) Freestanding Signs Identification 1 per multi- 10 5' Direct illumination Sign (wall, family complex, only, fixtures must be freestanding or subdivision shielded and in monument entrance, or compliance with this sign*) mobile home Chapter and park 26.575.150 Bed and 1 per street 4 per sign 6' Illumination permitted, Breakfast frontage must be in compliance with this Chapter and 26.575.150 Home 1 per street 4 per sign 6' Illumination allowed Occupation frontage only when it is identifying a home occupation of an emergency service nature Temporary See Exempt Signs, Signs 26.110.030.8 Planning and Zoning Commission Resolution No. _, Series of 2010 Page 15 P56 B. Arts, cultural, civic, and academic uses. For all arts, cultural, civic, and academic uses, only temporary signs permitted under Section 26.510.030.B, Exempt signs, and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use (there shall be not more than two (2) signs permitted along the lot frontage on any one (1) street, not to exceed a total of four (4) signs per lot): Type of Sign Number of Sign Area (Sq. Ft.) Maximum Height Comments Signs of Freestanding Signs Identification No more than See 26.510.O50.E, 6' Illumination Sign two (2) Sign allotment permitted, unless in a (freestanding, freestanding residential zone. Size wall, or signs per of sign cannot exceed projecting sign frontage six (6) sq. fr. No more than See 26.510.O50.E, n/a Illumination two (2) wall Sign allotment permitted, unless in a signs per residential zone. Size frontage of sign cannot exceed six (6) sq. fr. Must not go above eave point. No more than See 26.510.O50.E, n/a Illumination two (2) Sign allotmen! permitted, unless in a projecting or residential zone. Size hanging signs of sign cannot exceed per frontage. six (6) sq. fr. Must not go above eave point. Temporary See Exempt Signs, Signs 26.110.030.8 Planning and Zoning Commission Resolution No. _, Series of 2010 Page 16 P57 C. Recreational uses. For recreational uses, only signs permitted under Section 26.510.030.B, Exempt signs, and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use (there shall be not more than one (1) sign permitted along the lot frontage on any one (1) street, not to exceed a total of two (2) signs per lot): Type of Sign Number of Sign Area (Sq. Ft.) Maximum Height Comments Signs of Freestanding Signs Identification No more than See 26.510.O50.E, 6' Illumination Sign one (1) Sign allotment permitted, unless in a (freestanding freestanding residential zone. Size or wall sign) signs per of sign cannot exceed frontage six (6) sq. ft. No more than See 26.510.OSO.E, n/a Illumination two (])wall Sign allotment permitted, unless in a signs per residential zone. Size frontage of sign cannot exceed six (6) sq. ft. Must not go above eave point. Temporary See Exempt Signs, Signs 26.110.030.8 Planning and Zoning Commission Resolution No. _, Series of 2010 Page 17 P58 D. Commercial uses. For all commercial uses. There shall be no more than two (2) of the following three (3) types of signs per individual business frontage: freestanding signs, projecting signs or wall signs, including wall signs with cut out letters. No business shall have more than four (4) of the previously listed signs, either individually or in combination. Only signs permitted under Section 26.510.030.B, Exempt signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: Type of Sign Number of Sign Area Maximum Height of Comments Signs (Sq. Ft.) Freestanding Signs Identification Freestanding See 6' Size not to exceed six Sign sign. 1 per 26.S10.O50.E, (6) sq. ft. Illumination (freestanding, individual tenant Sign allotment permitted. wall, projecting building frontage. /hanging, sandwich Wall sign. 2 per See n/a Size not to exceed six board, window, individual tenant 26.S10.O50.E, (6) sq. ft. Illumination or awning sign) building frontage. Sign allotment ermitted. Must o p g above eave point. Projecting or See n/a Size not to exceed six hanging sign. 1 26.510.O50.E, (6) sq. ft. Illumination per individual Sign allotment permitted. Must not go tenant building above eave point. frontage. Window sign. 1 See n/a Counts towards sign per window. 26.S10.O50.E, allotment. Cutout Sign allotment letters signs count as 1 /2 total area. Not to exceed 25% of window Awning sign. 2 See n/a Counts towards sign per awning. 26.510.OSO.E, allotment. Cutout letter Sign allotment sign counts as 1/2 total area Planning and Zoning Commission Resolution No. _, Series of 2010 Page 18 P59 Commercial Use Signs Continued: Type of Sign Number of Sign Area (Sq. Ft.) Comments Signs Sandwich 1 per business No more than nine (9) sq. ft. Must obtain permit. No dry Board Sign per side erase. Only permitted for retail and restaurant business with no ground level exposure and/or no visibility along the public right- or-way. Signs must be placed adjacent to the business they represent. Only permitted within the CC and C-1 Zone Districts. Does not count towazds sign allotment. Also see criteria under 26.510.090.E Business No more than For 1 to 5 businesses: One sq. The portion of the directory sign directory signs one (1) business ft. of sign area per business used for the associated business ' directory sign per s counts towards that business lot sign allotment. . For 6 to 10 businesses: Five sq. ft. plus '/z sq. fr. for each business over five businesses For more than ]0 businesses: 7'h sq. fr. plus''/a square foot for each business over ten businesses,to a max sign area of 10 sq. ft. Temporary See Exempt Signs, 26.110.030.8 Signs Planning and Zoning Commission Resolution No. _, Series of 2010 Page 19 P60 E. Lodge uses. For all lodge uses: There shall be no more than three (3) of the following three (3) types of signs per individual business frontage: freestanding signs, projecting signs or wall signs, including wall signs with cut out letters. No business shall have more than six (6) of the previously listed signs, either individually or in combination. Only signs permitted under Section 26.510.030.B, Exempt signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: Type of Sign Number of Sign Area Maximum Height of Comments Signs (Sq. Ft.) Freestanding Signs Iden Freestanding See 6' Size not to exceed six tification sign. 2 per 26.510.O50.E, (6) sq. ft. Illumination Sign individual tenant Sign allotment permitted. (freestan building frontage. di ng, wal I, Wall sign. 2 per See n/a Size not to exceed six projectin individual tenant 26.510.O50.E, (6) sq. ft. Illumination g /hanging, building frontage. Sign allotment permitted. Must go above eave point. window, or awning Projecting or See n/a Size not to exceed six sign) hanging sign. 2 26.510.O50.E, (6) sq. ft. Illumination per individual Sign allotment permitted. Must not go tenant building above eave point. frontage. Window sign. 1 See n/a Counts towards sign per window. 26.510.O50.E, allotment. Cutout Sign allotment letters signs count as 1 /2 total area. Not to exceed 25% of window Awning sign. 2 See n/a Counts towards sign per awning. 26.510.O50.E, allotment. Cutout letter Sign allotment sign counts as 1/2 total area Temporary See Exempt Signs, Signs 26.110.030.8 Planning and Zoning Commission Resolution No. _, Series of 2010 Page 20 P61 Unless readopted by City Council on or before April 11, 2005, the provisions of Section 26.510.130, Procedure for sign permit approval and its Subsections (D)(S)(3)??? shall be null and void. 26.510.110. Window displays. Window displays of merchandise and representations thereof are not subject to sign regulations, sign square footage and do not require a sign permit, except the following are prohibited in window displays: Televisions, computer monitors or other similar technological devices that create oscillating light. 2. Neon or other gas tube illumination, rope lighting or low-voltage strip lighting. (Ord. No. 10-2005, § I) Section 2: A public hearing on the Resolution was held on the 6`h day of April, 2010, at 4:30 p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, sixty-four (64) days prior to which continued hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. FINALLY, adopted, passed and approved this day of , 2010. Attest: City Clerk Approved as to form: City Attorney Planning and Zoning Commission Resolution No. _, Series of 2010 Page 21 Stan Gibbs, Chair