HomeMy WebLinkAboutagenda.apz.20100420AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, Apri120, 2010
12:00 p.m. Site Visit -Aspen Energy Center
(meet at 1080 Power Plant Road)
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 Energy Center, Subdivision and associate d reviews
B. Miscellaneous Code Amendments (continued from 4/6)
VI. OTHER BUSINESS
VII. BOARD REPORTS
VIII. ADJOURN
Next Resolution Number: 9
P1
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU• Jennifer Phelan, Community Development Deputy Director
FROM: Sara Adams, Senior Planner
~; Aspen Energy Center, Power P sentRl Public Facil'tyt Rezon n eview,
Growth Management for an E
Subdivision.
Resolution No._, Series of 2010
,.,rr, r. mil~T!_ 11ATF.~ Anri120, 2010
APPLICANT /OWNER:
City of Aspen.
REPRESENTATIVE: a LLC.
Mitch Haas, Haas Land Planning,
LOCATION:
Lot 3 and Open Space 2A of the Marolt Ranch
Open Space, along Power Plant Road beneath
the Castle Creek bridge.
CURRENT ZONING:
R-30, Low Density Residential.
SUMMARY:
The Applicant requests approval to construct a
hydroelectric plant, aka the Aspen Energy
Center, on Power Plant Road adjacent to the
City Shop building. The application includes the
following reviews: subdivision to create a new
lot and to remove the area from the open space
inventory, rezoning from R-30 to the Public
Zone, consolidated PUD review to determine
dimensional requirements, Growth Management
Review for an Essential Public Facility to
determine employee generation. The project is
exempt from Stream Margin Review, as it is
essential for public health and safety; however
Staff finds that it is important to discuss the
Stream Margin criteria with Planning and
Zoning and the public to maintain a transparent
n,-recess and fain feedback.
STAFF RECOMMENDATION:
Staff recommends that therant~Growtldi
Zoning Commission g
Management approval for an Essential
Public Facility to determine employee
generation, and recommends Subdivision.
Rezoning, Growth Management Review tc
determine employee mitigation and PUL
approval to City Council with conditions.
1 Aspen Energy Center
P&Z 04.20.10
indicates proposed location of tree new
building.
P2
The Applicant is requesting the following land
Commission to construct the hydroelectric plant:
use approvals from the Planning and Zoning
planning and Zoning Commission Approvals:
A Growth Mana ement Review for an Essential Publicpublic FacilityeT(The Planning
to determine employee generation for the Essential
and Zoilin Commission is the final review au_~Y•)
Consolidated PUD approval for the constructio Devel e ment.o(Cittr Coulnc 1 ps the final
Land Use Coe aper 26.445, Planned Untt P
review authorit after considering a recommendation from the Planning and Zoning
Commission).
Growth Management Review for an Essential Public Essential Publicr Fac~io 090• Cito
approve employee mitigation requirements for the
Council is the final review authorit after considering a recommendation from the
Planning and Zoning Commission.)
BACKGROUND: In 1887, Aspen became the first city west of the Mississippi to use
droelectric power for all of its municipal electricity. The tY o tions.ric plant was taken off line
by
in the 1950s and was replaced by cheaper non-local electric y p
Cit Council adopted a policy regarding the use of theS~ ltsuch aasrma retain ng clean
In 199, Y
assets and to "promote recreational and environmental inter
s water conservation, maintaining minimum stream 1993. aFa e years laterlthe C tdy
stream ,
developing hydroelectric power" (Resolution No. 5 Series of
entered into an agreement with the Colorado Water Co luded tinv Bti gd in lstream emeasurement
flow portion of the 1993 policy, part of which me
vements to ensure adequate flow levels in Castle Creek that protect stream flows and
impro
aquatic habitat.
07 the electorate of the City of Aspen voted in favor of two questions regarding the
In 20
ro osed Aspen Energy Center: 1.) "seeking authority for the issuance of...bonds fort e
P p
City Council Approvals: en S ace 2A of the Marolt
Subdivision aplar_ offal to remove part of Lot 3 and OP p
Subdivision pursuant to Land Use Code Chapter 26.480on fromlthe Planni goand1Zoning
final review authorit after considering a recommends
Commission);
Rezoning to the Public Zone District pursuant to ~t dr ct Ma (City Council6 s the
Amendments to the Land Use Code and Off cial Zone
final review authorit after considering a recommendation from the Planning and Zoning
Commission);
~ Aspen Energy Center
P&Z 04.20.10
P3
purpose of constructing and equipping a new hydroelectric facility on Castle Creek" was passed
by a vote of 582 to 230 or 72% (Resolution No. 69 Series of 2007); and 2.) "seeking authority to
change the use of city owned property acquired for open space purposes for the construction of
hydroelectric plant on Castle Creek" was passed by a vote of 622 to 183 or 77 %. (Resolution 70
of 2007.)
About sixty years after the hydroelectric plant was taken off line, Aspen is proposing a new
hydroelectric plant that, if approved by Federal agencies, will generate about 8.5 percent of the
annual energy requirements of Aspen's electric customers. The Aspen Energy Center (AEC) is
proposed to be located along Power Plant Road by the existing City Shop building adjacent to
Castle Creek.
Currently there are intake pipes upstream for Castle Creek and Maroon Creek, one intake each.
These pipes divert water into the Thomas Reservoir located at the Water Department
headquarters on Doolittle Drive. The water will travel through a penstock (pipe) down a 325'
drop to the proposed AEC where it will power the hydroelectric plant and be discharged back
into Castle Creek.
Figure 1:
LiGFMO
_~~eRDPa5ED
CIQSTYfi
Cnztle Cre¢k
Diversion
Maroon Creek
Diverson
lone Thorns Reservoir
25 cfs
~ EI. 8175
p~e r~a aro:n ree
~ ~'
~ l ~ ~
"1
m
Ste'
W ~
Aspen
Pl
t
Mnro2rL R4• Vattr Lint
7 CFi
Hydro _.
•
'
u ~x~4t'~ti nn
Treatnent 2
a
u
0
'~ i. Char P C nduit
Approx. 4,000 lnenr ft.
M~nkapnl Water
t 3Z0 Ft. drop Y
•
r
_ 3/! rile s
c~
astle reek EI. 7855
Hydro/Energy g fsr re ick[
Proposed new Center
discharge point City of Aspen
Cne-lint drarlr+g
?roposeal Castle Creek
Hydro/EEnergy Center
There are specific state and federal regulations that dictate the anlount of water or cfs (cubic feet
per square inch) required to remain in each Creek; therefore only a specific amount of water may
be diverted during certain seasons. The state and federal regulations take natural wildlife habitat
and natural vegetative niches into consideration. In addition to a stream flow analysis conducted
by Grand River Consulting Corporation included in the application, the Colorado Department of
Wildlife requested supplementary studies on flow levels necessary to support healthy aquatic
environment. Miller Ecological Consultants have been hired by the City to conduct extensive
stream, fish and boreal toad studies. The City agrees to maintain the highest level of instream
protection recommended by the reports.
A noise assessment analysis was conducted to determine sound impacts generated by the AEC.
The building has been designed specifically to absorb and mitigate sound levels. The project goal
Aspen Energy Center
P&Z 04.20.10
P4
' to attain a Sound Transmission Class (STC) rating of 60 o ted maximum dec bel level for
is
readings are measured from the property line. The required a p
' nei hborhood is 50 decibels at night and 55 decibels duringth local stateaand federal sou d
this g
the Aspen Municipal Code. The City commits to compliance wi
uidelines and agrees to measure sound levels at the time of eroodically afterotheoCert fi ate of
g
the facility is in conformity. Sound readings will bet en p
cu anc by the Envirorunental Health Department to confirm that the facility meet sound
Oc p y
requirements.
ro osed h droelectric plant is a one story 2,025 gross square
PROJECT SUMMARY: Thep p y rox. 1,046 sq. ft.),
foot Essential Public Facility that includes four rooms: Turbine R ox. 178 s q. ft.) and Control
Shop and Staging Room (approx. 355 sq. ft.), Visitor Room (app
Room a prox. 301 sq. ft.) A covered carport that facilitates ~ parking spaces is proposed to be
(p
located on CDOT property directly adjacent to the subject lot.
DIMENSIONAL REQUIREMENTS: The Public Zone District rea from t epR-30 Zone DDistrictstwlush
dimensional requirements. The applicant requests a rezonmb
does not ermit a hydroelectric plant, to the Public Zone Distrii ~S~b p util ty use foppeferen e~
p
requirements for the adjacent City Shop building that has a su p
Dimensional
Requirement
Minimum Lot Size
Lot Area per
Minimum Lot Width
Minimum Front Yard
Setback
Minimum Side Yard
Setback
Minimum Rear Yard
Setback
Maximum Height
Proposed
Dimensional
Requirements
23,000 sq. ft.
n/a
n/a
220 ft.
Staff Notes
Proposed AEC parcel
No
Staff proposes that the
sediment retention
30 ft. pond located in the
front yard be approved
as part of the plat.
5 f rno h side yard;
and 185 ft. on south
side yard
Approved PUD
requirements for
adjacent City
Shop building
1 acre or 43,560
sq. ft.
n/a
n/a
160 ft.
55 ft.
0 ft.
Staff proposes may
retaining walls located
45 ft. in the setbacks be
approved as part of the
Measured pursuant to
27 ft. Land Use Code
Section 26.575.020.B
4
0 ft.
33 ft.
Aspen Energy Center
P&Z 04.20.10
P5
Approved PUD
Proposed requirements for
Dimensional Dimensional Staff Notes adjacent C~
Requirement Requirements Sho buildin
Only one building 0 ft.
Minimum Distance n/a ro osed.
Between Buildings Applicant proposes no ,
open space
requirement due to the 14%
Minimum % Open No requirement 3:1 open space
exchange and the
Space surrounding open
space.*
Applicant does not
anticipate that the
plant will regularly
Trash Access Area No re uirement
q generate trash. The
loading dock area is
proposed for trash
storage as needed.
The applicant
proposes a 0.13:1 FAR
to allow a small
amount of floor area to
remain on the site fora 3 5 : l
0
Allowable Gross Square 2,025 gross square future addition. .
Footage feet However, any changes
will require a PUD
amendment pursuant
to Land Use Code
Section 26.445.**
The applicant
proposes 5 covered
parking spaces on the
adjacent CDOT right
of to be used for the
AEC. The Code does _
Minimum Off-Street 0 spaces not permit off-street
Parking p~~ng to be located
on an adjacent lot that
is in different
ownership than the
*Please reference Exhibit A, Subdivision for a detailed ean ean ltan t on of proposedrfloor area.
**Please reference Exhibit B, PUD Review Crrtena fo p
Parkin :The applicant proposes 5 covered parking spaces to be located on CDOT Right of Way
~ Bement with CDOT to use
adjacent to the subject lot. The City is clu-rently working on a Lease Agr As en Energy Center
5 p
P&Z 04.20.10
P6
the Right of Way for AEC parking. The Land Use Code requires that off-street parking spaces be
located on the subject parcel or an adjacent parcel that is in the same ownership. As such, the 5
proposed parking spaces do not count as off-street parking; however they are proposed to be used as
parking for the AEC.
The parking spaces are not anticipated to be used regularly. An employee will not be pern~anently
stationed at the AEC. The plant will be operated remotely from the Water Department headquarters
and routine maintenance and readings will be performed as needed. Visitors to the AEC are by
appointment only to ensure that an employee is present to open and supervise visitation. The
applicant requests that the Planning and Zoning Commission recommend a requirement of 0
parking spaces to City Council as part of the PUD plan.
Public Outreach: To date, the applicant has held ~ public meetings to discuss the proposal. An
informative webpage explaining the proposal and answering frequently asked questions is
accessed off of the www.aspenpitkin.com homepage under "city spotlight."
STAFF COMMENTS:
AREA PROPOSED TO BE
REMOVED FROM OPEN
SPACE ~
SUBDIVISION:
The proposed location of the AEC is adjacent
to Castle Creek along Power Plant Road on
land that is currently part of Marolt Open
Space.l The voters approved removal of a
small section of open space for this project in
exchange for newly designated open space
along lower Aspen Mountain (Millionaire
Claim) and trail easements around the Water
Plant that add up to about three times the size
of the AEC proposed lot for a 3:1 land
exchange.2 Subdivision of the proposed lot
from the Marolt Open Space is required for the
hydroplant project.
~ LOT!
. r
••~
•~
.
:
~
a~,
u,
~ ~ ~ .F
Y 2~
V
a _ _
^ Q t:
0 0
~
~~:~
~~ =.
LOT 2 ~ OPEN
6 1:6 .F SPACE
,,,:
Staff finds that the AACP is rnet with the proposed application and recommends that the
Planning and Zoning Commission recommend approval to City Council.
REZONING:
Rezoning from the R-30 Low Residential Zone District to Public Zone District with a PUD
overlay is required to permit the operation of a hydroelectric plant. The Public Zone District
' City Special Counsel James True determined that the CDOT ROW is 60' in width, and therefore the proposed
AEC building is located on land owned by the City of Aspen. To clarify the matter, the City submitted a quit claim
to CDOT for the area in question. CDOT is surveying the area before responding to the City's request. The
proposed carports are located on CDOT property. CDOT drafted a Lease Agreement that the City Attorney
reviewed and submitted minor changes. The City is currently awaiting CDOT's response to the proposed changes.
The Lease Agreement and any property boundary questions must be resolved prior to submitting for a building
permit.
`' The City Charter requires a 1:1 open space land exchange.
Aspen Energy Center
P&Z 04.20.10
P8
Staff finds that the criteria are met and recommends that the Planning and Zoning Commission
establish an employee generation rate of 0 employees with the condition that an employee audit
specific to the hydroelectric plant is conducted 2 years after the certificate of occupancy is
granted upon request by APCHA. Staff recommends that the Planning and Zoning Commission
recommend to City Council that a mitigation rate of 0 employees is approved for the project.
STREAM MARGmr:
The proposed site is located within 100 feet of Castle Creek and requires Stream Margin Review
to ensure that the development is sensitive to existing watercourses and natural vegetation. The
hydroelectric plant proposal is exempt from Stream Mazgin Review pursuant to Section
26.435.040.B.2 of the Land Use Code which exempts the following types of development:
"construction of improvements essential for public health and safety which cannot be reasonably
accommodated outside of the no development azea prescribed by this Section including, but not
limited to, utilities, provided the Community Development Director determines the development
complies, to the extent practical, with the Stream Mazgin Review Standazds." Staff finds that the
Stream Mazgin discussion is extremely important to the project and proposes to discuss the
review criteria with the Planning and Zoning Commission to maintain transparency azound the
proposed hydroelectric plant; however the Planning and Zoning Commission is not asked to take
any formal action regarding Stream Mazgin Review.
To date, a minimum of five public meetings have been held about this project. The public has
voiced serious concern over changes in stream flow of Castle Creek, specifically between the
point of diversion and the point of return, and noise disturbances from the turbine generator.
Adopted City standazds require a decibel level of 50 dB at night and 55 dB during the day for
this project. The project proposes to meet these requirements and conduct a sound test once the
project has received the FERC license to measure the decibel of the facility and confirm
compliance with City standazds. The City commits to meeting the adopted standazds if the
project is found out of compliance.
Staff finds that the criteria for Stream Margin Review are met to the extent practical with the
condition that the applicant meet the requirements of the Colorado Department of Wildlife and
the recommendations provided by the Miller Consulting Group regarding aquatic life and
vegetative habitat in Castle Creek
REFERRAL AGENCY COMMENTS:
The City Engineer, Building Department, Aspen Sanitation District, Housing Department, Fire
Mazshall, Attorney's Office, Environmental Health Department, Transportation Department,
Utilities, the Pazks Department and Pitkin County Community Development have all reviewed
the proposed application and their requirements have been included as conditions of approval
when appropriate.
Parks requests that the Memorandum of Agreement for the land exchange between Pazks/ Open
Space and the City occur at the time of recordation of the proposed project. Staff has included
this as a condition of approval. The Engineering Department7aised concerns about the proposed
drainage plan and requests more information about the impact of the hydroelectric plant on
Aspen Energy Center
P&Z 04.20.10
P7
permits "essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops)," and requires a Planned Unit Development (PUD) to establish
dimensional requirements.
Staff finds that the criteria to rezone the parcel to Public Zone District is met and recommends
that the Planning and Zoning Commission recommend approval to Ciry Council.
PLANNED UNIT DEVELOPMENT:
The Community Development Department determined that a consolidated PUD review for the
approximately 2,025 squaze foot (approx. 1,895 sq. ft. of floor azea) building is appropriate. The
proposed building is one story and includes a lazge room for the turbine and generator, a shop
and staging room, a small control room, and a small visitor room and bathroom. The applicant
proposes a 0.13:1 Floor Area Ratio to accommodate the potential for a future small addition.
There is no open space requirement provided in the application. The proposed setbacks will
contain any development to the azea on the north side of Power Plant Road.
In addition to hydroelectric power, the City envisions this building to have an educational
component with a renewable energy display and a pictorial history of electric production in the
visitor room. Large internal windows will allow visitors to watch the turbine in action.. The
AEC design intends to be cazbon neutral with a zero cazbon footprint by using solar panels to
power any lights on the exterior and interior of the building. Energy efficient building materials
and mechanical systems, and water efficient landscaping contribute to the City's environmental
stewazdship goals.
Staff recommends that the allowable FAR be only what is needed to build the proposed project
and as such proposes that the gross square footage for the facility be recorded. An amendment
to the PUD is required for any changes to the site at which time the floor area requirement may
be altered. Staff finds that is appropriate to approve only the specific project included in the
application rather than anticipate a future potential addition that will require a Land Use review
to amend the PUD regardless of whether there is available FAR on the site. Staff has included
this as a condition of approval in the draft Resolution.
GROWTH MANAGEMENTREVIEW -ESSENTIAL PUBLIC FACILITY:
The proposed AEC qualifies as an Essential Public Facility as it is "a facility which serves an
essential public .purpose is available for use by or benefit of, the general public and serves the
needs of the community," and as such requires approval for employee generation and requires
employee mitigation through Growth Management Review. The Water Department plans to
utilize existing employees to monitor the hydroelectric equipment remotely from the Water
Department offices located on Doolittle Drive with daily visits to the actual AEC site. Currently,
hydroelectric specialists conduct daily readings and maintenance of existing City facilities
including the Mazoon Creek hydroelectric plant and the Castle Creek and Mazoon Creek
headgates. The AEC will be added to the scheduled monitoring of these properties on an as
needed basis. Any visitors or tout groups aze by appointment only to guazantee that an employee
is present. The Housing Boazd recommends that an audit of Water Department employees is
conducted 2 yeazs after the Certificate of Occupancy to confirm that no increase of employees
resulted from the AEC. The applicant requests that the Planning and Zoning Commission
establish an employee generation rate of 0 employees for the AEC.
'7 Aspen Energy Center
P&Z 04.20.10
P9
stream life. The drainage plan shall be approved by Engineering prior to recordation of the final
PUD plat. The applicant has hired a consultant to perform more extensive analysis on stream life
and potential impacts as requested by CDOW.
APCHA recommends an employee audit of the Water Department 2 yeazs after a certificate of
occupancy is granted to ensure that no new employees aze generated with the construction of the
hydroelectric plant. This has been included as a condition of approval.
The County Community Development Department is monitoring the proposed hydroelectric
plant proceeding in Water Court regazding impacts on Mazoon Creek and has no comment at this
time.
RECOMMENDATION: Staff recommends that the Planning and Zoning Commission grant
Growth Management approval for an Essential Public Facility to determine an employee
generation rate of 0 employees, and recommends Subdivision, Rezoning and PUD approval to
City Council with conditions.
PROPOSED MOTION: "I move to approve Resolution #_, Series 2010 with conditions
9 Aspen Energy Center
P&Z 04.20.10
P10
Attachments:
ExI-IIBIT A - Subdivision Review Criteria, Staff Findings
EXHIBIT B -Rezoning Review Criteria, Staff Findings
EXHIBIT C - PUD Review Criteria, Staff Findings
ExI-nalT D -Growth Management Review Criteria, Staff Findings
Ex1IISIT E -Stream Margin Review Criteria, Staff Findings
EXHIBIT F - DRC Comments
EXHIBIT G -Housing Comments
EXHIBIT H -Application (Bound)
EXHIBIT I -Application: Supplemental Materials (Stapled)
10 Aspen Energy Center
P&Z 04.20.10
P11
RESOLUTION NO. _, SERIES OF 2010
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS ESTABLISHMENT OF EMPLOYEE
GENEARATION FOR GROWTH MANAGEMENT REVIEW FOR AN
ESSENTIAL PUBLIC FACILITY AND RECOMMENDING CITY COUNCIL
APPROVE WITH CONDITIONS SUBDIVISION, REZONING TO PUBLIC
ZONE DISTRICT, CONSOLIDATED PLANNED UNIT DEVELOPMENT, AND
GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC
FACILITY FOR LOT 3 AND OPEN SPACE 2A OF THE MAROLT RANCH
OPEN SPACE SUBDIVISION, CITY AND TOWNSITE OF ASPEN, CO, PITHIN
COUNTY, COLORADO
PARCEL NO. 2735-123-63-852
WHEREAS, the Community Development Department received an application
from the City of Aspen, requesting approval to construct a hydroelectric plant which
includes Subdivision, Amendment to the Zone District Map, Planned Unit Development
plan, Growth Management allotments for an Essential Public Facility; and,
WHEREAS, a hydroelectric plant, serves an essential public purpose by
providing hydroelectricity to City facility thus serving the general public and Aspen
community, and therefore is categorized as an Essential Public Facility, pursuant to
Section 26.104.100; and,
WHERAS, the Community Development Director determined that the proposed
development is exempt from Stream Margin Review, pursuant to Section 26.435.040.B.2,
in that the proposed utility complies to the extent practical with the Stream Margin
Review Standazds, and finds that it is appropriate to discuss the review criteria with the
Planning and Zoning Commission to maintain transpazency in the process by bringing
issues associated with the development and Stream Mazgin area to the forefront; and,
WHEREAS, the subject currently property is zoned R-30 Low Density
Residential and is part of the dedicated Mazolt Ranch Open Space; and,
WHEREAS, the electorate voted in 2007 to remove the subject parcel from the
Marolt Open Space as stated in City Council Resolution No. 70 Series of 2007; and,
WHEREAS, upon review of the application, and the applicable code standazds,
the Community Development Department recommended approval with conditions, of the
proposed land use requests; and,
WHEREAS, during a duly noticed public hearing on April 20, 2010 the Planning
and Zoning Commission approved Resolution No._, Series of 2010, by a ( j vote,
Growth Management Review to determine employee generation for an Essential Public
Facility and a recommendation to City Counci] for the approval of Subdivision,
Rezoning, Consolidated Planned Unit Development, Growth Management Review for an
Essential Public Facility located on the property at Lot 3 and Open Space 2A of the Mazolt
Ranch Open Space Subdivision, City of Aspen, Colorado City and Townsite of Aspen,
CO; and,
P& Z Resolution #_, Series of ZO10
Page 1 of 6
P12
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets all applicable development standazds and that the approval of
the development proposal, with conditions, is consistent with the goa]s and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1: Affordable Housine
The Planning and Zoning Commission approves a generation rate of 0 employees for the
Aspen Energy Center. The Water Department will provide APCHA with the current
employees that will be associated with the hydroelectric plant, prior to receiving a
Certificate of Occupancy. Two years after the Certificate of Occupancy is granted, upon
a request from APCHA, the Water Department will provide APCHA with the current
number of employees associated with the hydroelectric plant. New Employees generated
specific to the hydroelectric plant will require a new Growth Management Review for an
Essential Public Facility.
Section 2: Dimensional Standards
Pursuant to the procedures and standazds set forth in Title 26 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby recommends to City Council for the
approval of Subdivision, a Consolidated Planned Unit Development, Rezoning, and
Growth Management Review for an Essential Public Facility for the property located at
Lot 3 and Open Space 2A of the Mazolt Ranch Open Space Subdivision, City of Aspen,
Colorado the following dimensional standazds:
Table 1: Approved Dimensional Standards:
Proposed
Dimensional Dimensional
Requirement Re uirements
Minimum Lot Size 23,000 s . ft.
Minimum Lot Area per n/a
dwelling unit
Maximum Allowable n/a
Density
Minimum Lot Width 220 ft.
Minimum Front Yard 30 ft.
Setback
5 ft. north side yard;
Minimum Side Yazd and 185 ft. on south
Setback side and
P& Z Resolution #_, Series of 2010
Page 2 of 6
P13
Proposed
Dimensional Dimensional
Requirement Re uirements
Minimum Reaz Yard 45 ft.
Setback
Maximum Height 27 ft.
Minimum Distance n/a
Between Buildings
Minimum % Open No requirement.
S ace
Trash Access Area No re uirement.
2+025 gross sq. ft., as
Allowable Gross Squaze indicated on the PUD
Footage lat.
Minimum Off-Street 0 spaces
Pazking
Section 3• Subdivision from Marolt Ranch Open Space:
Lot 3 and part of Lot 2A of the Marolt Ranch Open Space is to be removed from the
Open Space inventory. The newly created lot is 23, 689 squaze feet as depicted on the
survey. A Memorandum of Agreement approving the removal of the subject lot and the
approved Open Space land exchange is required to be recorded simultaneously with the
recordation of the Subdivision plat, and Planned Unit Development plat and agreement.
Concurrent with the recordation of the Aspen Energy Center Subdivision and PUD plats
and agreement, the Marolt Open Space PUD and SIA aze required to be amended and
recorded to reflect the Subdivision approval. The aforementioned recordations shall occur
at the Pitkin County Clerk and Recorder prior to submitting for a Building Permit.
Section 4• Amendment to the Zone District Map
Upon the effective date of an act by City Council approving a development application
for an amendment to the Zone District map, rezoning the subject lot from R-30 Low
Density Residential Zone District to the Public Zone District with a PUD overlay, the
Community Development Director shall place the amendment on the city's official zone
district map.
Section 5: Parking
Pazking is not required on site; however if a Lease Agreement with CDOT to use the Right
of Way for 5 pazking spaces is granted, then the parking may be used for the Aspen Energy
Center.
Section 6: Environmental Assessment
The City agrees to maintain the highest level of in stream protection recommended by the
findings in the Miller Ecological Consultants report, the Colorado Department of Wildlife
and adopted local, state and federal standazds.
P& Z Resolution #_, Series of 2010
Page 3 of 6
P14
Section 7: Noise Assessment
The Aspen Energy Center shall comply with the City of Aspen noise ordinance, Title 18
of the Aspen Municipal Code. A noise analysis shall occur upon completion of the
hydroelectric plant to confirm compliance with City noise standazds. A baseline sound
level shall be submitted to the Environmental Health Department at the time of building
permit submittal to compare to the sound impact of the hydroelectric plant after it is
operating. Subsequent sound readings, as requested by the Environmental Health
Department, shall occur to confirm compliance with City standards.
Section 8: Buildine Permit Application
The building permit application shall include the following:
a. A copy of the final City Council Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
d. Improvements to the right of way shall include new grass, irrigation, and possibly
the replacement of street trees, and shall be approved prior to building permit
submittal.
e. An excavation-stabilization plan, construction management plan (CMP), and
drainage and spoils report pursuant to the Building Department's requirements.
The CMP shall include an identification of construction hauling routes,
construction phasing, and a construction traffic and pazking plan for review and
approval by the City Engineer and Streets Department Superintendent. The.
construction management plan shall also identify that the adjacent sidewalks will
be kept open and maintained throughout construction. Staging areas will be
identified in the plan, and shall indicate that the alley shall not be closed during
construction. No stabilization will be permitted in the City right of way. Storm
run off must be addressed.
f. A complete geotechnical report and geotechnical design needs to be part of the
permit submittal plan.
g. Accessibility requirements shall meet adopted Building Code requirements.
h. An approved landscape plan.
Section 9• En~ineerinH Department Requirements
The Applicant shall comply with all sections of the City of Aspen Municipal Code, Title
21 and all construction and excavation standards published by the Engineering
Department. A final grading and drainage plan meeting all requirements of the City
Engineer shall be submitted and approved by the Engineering Department prior to
Engineering Department sign-off on the Final Plat.
Section 10• Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standazds of Title 8 (Water conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department.
P& Z Resolution #_, Series of 2010
Page 4 of 6
P15
Section 11: Sanitation District Requirements
a. Service is contingent upon compliance with the Aspen Consolidated Sanitation
District's (ACSD) rules, regulations, and specifications, which are on file at the
District office. ACSD will review the approved Drainage plans to assure that cleaz
water connections (roof, foundation, perimeter, patio drains) aze not connected to the
sanitazy sewer system.
b. On-site utility plans require approval by ACSD.
c. Landscaping plans will require approval by ACSD where soft and hard landscaping
may impact public ROW or easements to be dedicated to the district.
d. Al] ACSD fees must be paid prior to the issuance of a building permit.
e. The glycol heating and snow melt system must be designed to prohibit the discharge
of glycol to any portion of the public and private sanitazy sewer system. The glycol
storage areas must have approved containment facilities.
f. Soil Nails aze not allowed in the public ROW above ASCD main sewer lines.
g. Applicant's civil engineer will be required to submit existing and proposed flow
calculations.
Section 12: Exterior Liehtin~
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor Lighting.
Section 13:
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 or City Council, aze
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 14:
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 15:
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.
[signature on following page]
P& Z Resolution #_, Series of 2010
Page 5 of 6
P16
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 20`"
day of April, 2010.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
James R. True, Special Counsel
ATTEST:
Jackie Lothian, Deputy City Clerk
Exhibit A: Site Plan
Exhibit B: Elevations
Exhibit C: Miller Ecological Consultants Memorandum
Stan Gibbs, Chair~-nan
P& Z Resolution #_, Series of 2010
Page 6 of 6
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EXHI IT
MILLER
GCOLOCiICAL
CONSULTANTS, INC.
MEMORANDUM
Date: February 15, 2010
211 l S. College Ave., Unit D
Fort Collins, CO 8D525
(970)224-4505
To: Phil Overeyader, City of Aspen
From: William J. Miller, Ph.D.
CC: Karl Kumli, Cynthia Covell
Subject: Proposal Tor additional studies on Castle and Maroon Creek to support the license
application for the Castle Creek hydro plant.
The city of Aspen is in the process of completing the application for a conduit exemption for the
Castle Creek hydro electric plant. A public meeting was held on November 12, 2009 to solicit
comments from the resource agencies and public. Two set of comments, one from the Colorado
Division of Wildlife, and ono from the Aspen Wilderness Workshop, requested additional studies
to evaluate potential impacts to aquatic resources,
The CDOW has requested several additional studies to evaluate the impacts. These are: 1)
additional R2Cross data at two locations on Castle Creek, 2) fish population and winter habitat
data on Castle and Maroon. creeks; and 3) surveys for Boreal toads.
The CDOW based the request on the fact that tUat the original R2Cross data was collected over
thirty years ago and is located upstream of the points of diversion on Maroon and Castle Creeks
and may not accurately reflect existing stream conditions. The existing fish data is several years
old (data was collected in 1977 and 1979 for Castle Creek and 1993 for Maroon Creek).
Additional and more current fish and habitat data would allow the CDOW to more accurately
evaluate future project operations on existing fish populations and whrter habitat conditions.
Populations of boreal toads have existed on Castle Creek (adults observed most recently in
1998), Conundrum Creek, a tributary to Castle Creek (adults last observed in 2002) and currently
a robust breeding population of boreal toads exists on East Maroon Creek, The boreal toad is
presently listed as a State Designated Endangered Species in Colorado.
Miller Ecological Consultants, Inc, Page 1
P21
The Wilderness Workshop asserted that the R2Cross data from Maroon Creek collected in 2000
would be applicable to Castle Creek. The hydrology data for each stream suggests that the
Maroon Creek data would not be directly applicable to Castle Creek and we recommend that
new R2Cross data should be collected on Castle Creek, The Wilderness Workshop also
suggested that additional studies be conducted to detettnine an ecologically sustainable flow
regime for both Maroon and Castle creeks. A full year flow regime can be determined using the
hydrology data and the additional data collection recorrunended by CDOW. The scope of work
contained herin was developed to respond to those comments.
We propose the following shtdies to acquire the data requested by CROW.
Task 1 -Collection of additional R2Cross Data at two additional points on Castle Creek:
a. At a point downstream of the city of Aspen Castle Creek diversion and upstream
of the point of discharge from the proposed Castle Creek hydro plant, and
b. At a point downstream of their point of discharge and upstream of the confluence
with the Roaring Fork River.
We propose to collect this data prior to spring rnnoff if possible and would be collected using
standard methods described in the publication "Development of Insteam Flow
Recommendations in Colorado using R2Cross". CDOW also requested Aspen incorporate the
additional R2Cross data the CDOW has recently collected on Maroon Creek into the
environtental report. This data vas collected downstream of the Maroon Creek diversion point
and upstream of the confluence with the Roaring Fork River. We propose to obtain the new
CDOW R2Cross information and incorporate this new R2Cross data collected on Maroon and
Castle Creeks into the environmental report.
As part of this study, we plan to meet with the city and CDOW after the additional R2Cross Data
has been collected and analyzed, This meeting will allow both parties to discuss how project
operations and future diversions from Maroon and Castle Creeks can be optimized to minimize
impacts to the natural environment of Maroon and Castle Creeks.
~*
Miller Ecological Consultants, Inc. Page 2
P22
Task 2 - Flsh Population Data. We propose to collect additional fish population data and
provide additional information regarding existing winter stream habitat conditions for Maroon
and Castle Creeks. The preferred time to collect this data is in the fall (September through
October). I3o~vever, to complete these studies as soon as possible to continue progress on this
project, we propose to collect the data in the spring prior to runoff. The eleetrofishing data prior
ro spring runoff will result in lower densities and biomass totals due to cold water effects ou fish
response to electricity. Any comparison of future sampling efforts would specifically note the
season of sampling. Fishery sampling is proposed fo be conducted on a representative 500 foot
reach of stream using standard fishery sampling techniques according to stipulations cited in the
Scientific Collection license. Data for the analysis of winter habitat would be obtained by
collecting additional cross section data in several stream habitat adjacent [o the R2Cross
locations. The collection of additional cross section data, and specifically, water surface
elevations at two or more discharges, will allow the simulation of habitat at winter flow levels.
These data would be collected concurreutfy during R2Cross studies, fish population surveys anti
boreal toad surveys.
Task 3 -Boreal Toad Surveys. We propose to collect additional information relating to
possible boreal toad populations anti habitat on Maroon and Castle Creeks. We propose to
conduct at least 2 or 3 daytime surveys and one night time survey be conducted at each site
during the breeding season (arid-May through June), In addition, Maroon and Castle Creeks
would be surveyed in August, preferably dtuing a warm sunny day, below the existing diversions
to determine if juvenile boreal toads are present (see attached map), The surveys would he
conducted using standard procedures described in The Boreal Toad Conservation Plan and
Agreement (Lce81er, 2001) end the attached amphibian survey form instructions. We will use
the updated disinfection protocols that now require Sparguat prior to eny surveys. Sites to be
suuveyed include upsh~eam and downstream in the vicinity of the city diversion structures and
around Thomas Reservoir.
Task 4 -Data analysis. The above data will be analyzed using standard protocols forR2Cross
and fish populations. In addition, the measurements taken at several stream flows will allow the
analysis of habitat during low flow conditions and daring runoff. These additional
Miller Ecological Conaultents, Inc.
Page 3
P23
measurements can be used to simulate winter habitat conditions, The surveys in May and Juoe
would allow analysis of conditions needed for the stream riparian area. This new data combined
with the stream hydrology allows that evaluation of ecologically sustainable flows as
recommended by the Wilderness Workshop. The analysis will include the evaluation of impacts
from the proposed Castle Creek hydro plant.
Task 5 -Technical Memorandum. A Technical Memoraudum will be prepared the documents
the methods, data analysis, results and conclusions from the above studies. The Technical
Memorandum would be completed one month after the final data collection effort.
Task 6 -Meetings. We estimate the at least tlu~ee meetings will be required for the above tasks.
These meeting will be a combination of face to face meetings and conference calls.
Schedule
The following schedule is estimated for the above work.
• It2Cross measurements -late March -early April 207 0
• Boreal toad surveys-May/June, August 2010
• Fish Population surveys -early Apri12010 or SeptemberlOctober 2010
• Winter habitat cross sections -Concurrent with R2Cross, Boreal Toad surveys, Fish
populations
• Data Analysis -Start after first It2Cross measmment, complete 3 weeks after final data
collection (estimated September/October 2010)
• Technical Memorandum -September/October 2010
This schedule assumes that a scientific collecting permit would be issued by CDOW by March
31" , 2010. Farther, the stream condirions in late March or early April would allow collection of
132Cross measurements and fish populations. The schedule will be adjusted if field conditions
do not allow for collection of data in the spring.
Miller Ecological Consultants, Inc. Page 4
P24
Cost
The estimated cost for the above work is $48,400,00 (Table 1). This estimate is based on our
usual costs for studies similar to this effort. The following assumptions were used for the cost
estimate:
• The city of Aspen would assist in acquiring access for the requested studies on Castle and
Maroon creeks.
• Each field effort (I22Cross, Fish population data, Boreal toad surveys) would require a
separate trip.
• Winter habitat information would be collected concurrently with other efforts.
Any changes to the scope of work as described or the cost assunmptions would requre a review
and possible revision to the cost estimate.
Task Labor Dlreet Total
R2Cross field /winter habitat $7,250.00 $920.00 $8,170.00
FlshPo ulatlondata $9,000.00 $1,640.00 $10,640.00
Boreal toad surve $8 800.00 $820.00 $9,620.00
Data anal sls $8,000.00 $- $8 000.00
Technical Memorandum $8,000.00 $- $8 000.00
Meatin s $3,600.00 $370.00 $3 970.00
Total Estimated Cost $44,650.00 $3,750.00 $48,400.00
Table 1. Estimated cost b task for additional studies on Castle and Maroon creeks.
Miller Ecological Consulfants, Inc.
Page 5
EXHIBIT A
SUBDIVISION
Chapter 26.480, SUBDIVISION
Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standazds and requirements.
A. General Requirements
1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
Sta((Findinp: The AACP stresses environmental stewardship and economic sustainability
by encouraging new developments to meet different community goals. Staff finds that the
proposed hydroelectric plant is consistent with the applicable sections of the AACP. After
receiving a federal license, the hydroelectric plant will replace some of the coal-fired energy
that is purchased from Nebraska which will reduce the City's cazbon footprint. The Energy
Center will be a hydroelectric facility, renewable energy model, education center and
museum, producing approximately 8.5% of the annual energy for Aspen's electric customers
and reducing C02 emissions by about 5,000 tons. The actual building is projected to be
carbon neutral. Solar panels are proposed on the roof to offset any lighting needs within the
building. Energy efficient building materials and mechanical systems, and water efficient
landscaping contribute to the City's environmental stewazdship goals. Staff finds that the
applicant could go further to meet the Transportation section of the AACP by encouraging
alternative transportation modes for visitors. Specifically, the application is consistent with
the following goals of the AACP:
Parks Olen Space & the Environment
"No open space or trail interest acquired with Open Space/Trails Funds should be sold or
conveyed, nor should any interest be converted unless such open space or trail interest is
replaced with another open space or trail interest of equivalent value. Such sale or
conversion should be approved by a majority of the electorate at a general or special
elevation for this purpose. " In 2007, 77 % of the electorate voted in favor of removing the
subject lot from the Marolt Open Space to construct the proposed hydroelectric plant in
exchange for the Millionaire Claim located along lower Aspen Mountain and trail easements
azound the Water Treatment plant off of Doolittle Drive. The exchange amounts to a 3:1
replacement of open space. Staff finds the subdivision meets this goal of the AACP.
"Recognize the important natural features that define the character of Aspen. Such
features... include the preservation of and access to the river corridor... "and "Elected and
appointed Boards and Commissions should consider environmental and wildlife issues in all
land use deliberations, discussions and decisions. " The applicant is working with CDOW
and private consultants to study the aquatic habitat and stream flows of Castle and Maroon
Creeks to ensure preservation of wildlife and river habitats. There aze specific state and
federal regulations that dictate the amount of water or cfs (cubic feet per square inch)
required to remain in each Creek; therefore only a specific amount of water may be diverted
during certain seasons. State and federal regulations take natural wildlife habitat and natural
vegetative niches into consideration. In addition to a stream flow analysis conducted by
Exhibit A -Subdivision Review Criteria
Page 1 of 4
P25
P26
Grand River Consulting Corporation, the Colorado Department of Wildlife requested
supplementary studies on flow levels necessary to support healthy aquatic environment.
Miller Ecological Consultants have been hired by the City to conduct extensive stream, fish
and boreal toad studies. The City agrees to maintain the highest level of instream protection
recommended by the reports. Staff finds the subdivision meets this goal of the AACP.
Economic Sustainability
"Encourage resource efficiency, environmental responsibility, and cultural and community
sensitivity in local organizations and in construction. " The proposed hydroelectric plant is
proposed to save the City over $300,000 annually (based on 2007 numbers.) In addition to
actual fiscal benefits, the plant will reduce the City's cazbon footprint. Staff finds that the
subdivision meets this goal of the AACP.
Design Quality
"Make every public project a model of good development, on all levels, from quality design
to positive contributions to the community fabric. " The applicant projects that the proposed
building will be carbon neutral. The proposed design references the National Register listed
historic City Shop building, but is clearly a product of its own time with contemporary
fenestration and materials. Solaz panels aze proposed on the roof to offset any lighting needs
within the building. Energy efficient building materials and mechanical systems, and water
efficient landscaping aze proposed. Noise mitigation and insulation to reduce the sound
impacts of the turbine on the neighborhood and environment was an important factor driving
the material choices, and the required hydroelectric equipment dictated the overall form of
the building. Staff finds that the proposed design fits into the context of the subject area.
Staff finds that the subdivision meets this goal of the AACP.
Transportation
"Require all employment, school, social, recreation or other activities that generate demand
for travel to mitigate tra]~c impacts through support of alternative transportation modes in
proportion to trips generated. " The number of trips generated by the proposed project is
below the city threshold used to determine impact on PM-10 levels. The traffic from this
facility is expected to have an insignificant effect on PM-10 levels. The applicant is not
proposing any measures to encourage employee or visitor travel by alternative methods, but
the trip generation rate is so small that the impact on PM-10 levels would be insignificant.
Currently two hydrologist specialists travel in one work truck to perform daily readings of
similaz Water Department facilities. The hydroelectric plant will be added to the list of
facilities if approved. The location of the facilities deems it unreasonable for the employees
to use alternate modes of transportation. Staff recommends that the City encourage visitors
to the hydroelectric plant to use alternate modes of transportation or carpool to meet this goal
of the AACP.
Staff finds that this criterion to be met.
2. The proposed subdivision shall be consistent with the character of existing land
uses in the area.
Staff Findin,u The proposed subdivision is located adjacent to the City Shop facility that
houses the City Streets Department and is Aspen's original hydroelectric plant. The
Exhibit A -Subdivision Review Criteria
Page 2 of 4
P27
proposed location for the building is currently a high impacted dirt azea where random pieces
of equipment aze parked and stored. Residences aze located along Castle Creek across from
the proposed hydroelectric plant. Staff finds that the proposed subdivision will clean up the
existing condition of the subject area and is consistent with the existing land uses in the area,
specifically the adjacent City Shop building. Staff finds that this criterion is met.
3. 'The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Finding: The proposed subdivision will not adversely affect the future development of
surrounding azeas. Staff finds that the proposed subdivision does not create any physical,
legal or other. impediments to the development of surrounding lands. Staff finds that this
criterion is met.
4. The proposed subdivision shall be in compliance with all applicable requirements
ojthis Title.
Staff Finding: Staff finds that the proposed subdivision is in compliance with the applicable
requirements of Title 26.
B. Suitability of Land for Subdivision
a. 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 welfare of the residents
in the proposed subdivision.
Staff Finding: The proposed subdivision will not support any residential units. The
applicant assessed the topography of the land for the development of a hydroelectric plant
and is working closely with the Engineering Department to create an appropriate drainage
plan and soil retention plan for the site. The proposed new lot is largely flat, however
there are very steep slopes located to the west. The proximity of the proposed
hydroelectric plant to Castle Creek and the associated impacts is addressed in the Stream
Margin Review section of the Staff memo, Exhibit E. Staff finds that this criterion is
met.
b. 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 subdivision will not create spatial patterns that cause
inefficiencies, duplication or premature extension of public facilities and unnecessary
public costs. The proposed hydroelectric plant will increase energy efficiency and is
proposed to save the City over $300,000 annually (based on 2007 numbers.) In addition
to actual fiscal benefits, the plant will reduce the City's carbon footprint. Staff finds this
criterion to be met.
Exhibit A -Subdivision Review Criteria
Page 3 of 4
P28
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for
the proposed subdivision. These standards may be varied 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 areas, and/or the goals
of the community.
2. The applicant shall specify each design standard variation requested and
provide justifecation for each variation request, providing design recommendations
by professional engineers as necessary.
Staff Finding: The Engineering Department has reviewed the proposal and provided
comments, attached in Exhibit F. The applicant represents that no design standard variations
are necessazy for the proposed subdivision. The subdivision includes creating one lot for an
Essential Public Facility, which will be processed as a PUD development. Staff finds that
this criterion is met.
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 ojChapter 26.470, Growth Management Quota System.
Staff Finding: The proposed subdivision does not include any residential dwellings and it is
projected to not generate any new emp]oyees. The application is required to comply with
Growth Management review for an Essential Public Facility. Please refer to Exhibit D for a
comprehensive analysis. Staff finds this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards
set forth at Chapter 26.630.
Staff Finding: Not applicable because there aze no residential units proposed.
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)
Staff Finding: The project is required to receive Growth Management approval for an
Essential Public Facility, as explained in Exhibit D. Staff finds that this criterion is met.
Exhibit A -Subdivision Review Criteria
Page 4 of 4
P2~
EXHIBIT B
Amendments to the
Official Zone District Map
Chapter 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 proposed amendment is not in conflict with applicable portions of the
Land Use Code.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
Staff Finding: As outlined in Exhibit A, Staff finds that the proposed hydroelectric project
and rezoning meets the goals of the AACP.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
Staff Finding: The existing zone district
for the subject parcel is R-30, Low
Density Residential, however the parcel is
incorporated in the Marolt Open Space.
The applicant proposes to rezone the
parcel to the Public Zone District, which
permits a hydroelectric plant pursuant to
the adoption of a Planned Unit
Development plan. The existing land use
and neighborhood characteristics are
mixed. The snap to the right illustrates the
different zone districts and uses, the
yellow star indicates the proposed project.
Directly adjacent to the proposed parcel is
the Streets Department which is zoned
Public. Across Castle Creek are two
residential zone districts, R-30 and R-15A.
The Marolt Open Space, which the subject
parcel requests subdivision from, is zoned
R-30. Staff finds that the proposed Public
Zone is appropriate for the intended use of
Exhibit B -Rezoning Review Criteria
Page 1 of 3
P30
the parcel as "an essential governmental and public utility use, facility, service and building,"
and is congruent with the zoning for the adjacent City Shop building that houses the Streets
Department. Staff finds this criterion to be met.
D. The effect of the proposed amendment on traffic generation and road safer7~.
Staff Findin,;: 1'he proposed rezoning does not project to have an adverse impact on traffic
generation and road safety. The applicant represents that the hydroelectric plant will
generate a negligible number of trips. Road safety will be increased with the hydroelectric
plant in that the current haphazard entrance and exit of trucks in this area will be organized.
E. Whether and the extent to which the proposed amendment would result in demands on
public facilities, acrd wlretlrer 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 Findin,;: The proposed amendment will not increase demands on public facilities. The
hydroelectric plant intends to decrease demands on public facilities. A comprehensive
drainage plan is required to be approved by the Engineering Department during the building
permit process to mitigate new drainage issues resulting from the new building and proposed
hardscape. Staff finds this criterion to be met.
F. Whether and tl:e extent to wlricl: the proposed amendme~rt -vould result in significantly
adverse impacts on the natural errvirorrnrent.
Staff Finding: The proposed hydroelectric plant will not have significant adverse impacts
on the natural environment. A detailed discussion of the impacts is found in the Stream
Margin Review Criteria, Exhibit E. The applicant is working with CDOW and private
consultants to analyze aquatic habitats and streamflows to ensure that the plant supports a
healthy natural environment. It is important to note that hydropower will have a positive
impact on the overall natural environment by replacing coal-burning energy. Staff finds this
criterion to be met.
G. Whether the proposed amendment is consistent and compatible with the comrnurtity
character in the City of Aspen.
Staff Finding: Staff finds that the proposed Public Gone is consistent and compatible with
the community character in Aspen, much more so than the R-30 zoning currently on the
property. The adjacent parcel is zoned Public and supports a similar utility facility. Staff
finds this criterion to be met.
H. Whether there have been changed conditions affecting tl:e subject parcel or the
surrounding neighborhood which support the proposer! amendment.
Exhibit B -Rezoning Review Criteria
Page 2 of 3
P31
Staff Findins: The subject parcel is currently part of the Marolt Open Space, however the
state of the parcel does not represent itself as Open Space. The dirt covered azea is used as
storage for equipment and a pazking area for large trucks. The voters elected to remove the
lot from the Open Space inventory in exchange for more appropriate land at the base of
Aspen Mountain. In addition to the pazcel being part of the Open Space land, it is zoned R-
30 which supports low density residential uses. Staff finds that the current condition and use
support the rezoning of this pazcel to Public and the requisite adoption of a Planned Unit
Development plan. Staff finds this criterion to be met.
I. Whether the proposed amendment would 6e in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
Staff Finding: Staff finds that the proposed amendment is aligned to the public direction
provided in the 2007 election for the City to pursue a hydroelectric facility and renewable
energy. The proposed amendment is in agreement with the purpose and intent of the Land
Use Code as outlined in the Staff memo and exhibits. Staff finds this criterion to be met.
Exhibit B -Rezoning Review Criteria
Page 3 of 3
P32
EXIIIBIT C
Planned Unit Development
Consolidated Review Criteria
Chapter 26.445.050 Review Standards: Consolidated PUD
A development application for Consolidated PUD shall comply with the following standazds and
requirements.
A. General Requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
2. The proposed development shall be consistent with the character of the existing
land uses in the surrounding area.
3. The proposed development shall not adversely affect the future development of
the surrounding 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 Findings: As stated in Exhibit A, Subdivision Review Criteria, Staff finds that the
proposed Aspen Energy Center meets the criteria listed above.
B. Establishment of Dimensional Requirements
The final PUD development plans shall establish the dimensional requirements for a[I
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 developmentpatterns shall be emphasized.
Staff Finding: There is no underlying zone district to compaze to the proposed dimensional
requirements. The approved PUD requirements for the adjacent City Shop building aze provided
for general guidance. The Public Zone District requires the adoption of a PUD to establish these
requirements. The chart below represents the proposal:
Exhibit C -PUD Review Criteria
Page 1 of 11
P33
Approved PUD
Dimensional Proposed
Dimensional Staff Notes requirements for
Requirement Requirements adjacent C~
Sho buildin
Proposed AEC pazcel 1 acre or 43,560
Minimum Lot Size 23,000 sq. ft. is 23,689 s . ft. s . ft.
Minimum Lot Area per n/a No residential n/a
dwellin unit com onent.
Maximum Allowable n/a No residential n/a
Density com onent.
Minimum Lot Width 220 ft. - 160 ft.
Staffproposesthatthe
Minimum Front Yazd 30 ft. sediment pond be 55 ft.
Setback approved as part of the
PUD lat.
Minimum Side Yard 5 ft. north side yard; 0 ft.
Setback and 185 ft. on south -
side and
Staff proposes that
retaining walls located
Minimum Reaz Yazd 45 ft. in the setbacks be 0 ft.
Setback approved as part of the
PUD lat.
Measured pursuant to
Maximum Height 27 ft. Land Use Code 33 ft.
Section 26.575.020.B
Minimum Distance
n/a Only one building
0 ft.
Between Buildin s ro osed.
Applicant proposes no
open space
requirement due to the
Minimum % Open No requirement 3:1 open space 14%
Space exchange and the
surrounding open
s ace.
Applicant does not
anticipate that the
plant will regulazly
Trash Access Area No requirement generate trash. The -
loading dock azea is
proposed for trash
storage as needed.
Exhibit C -PUD Review Criteria
Page 2 of 11
P34
Dimensional
Requirement Proposed
Dimensional
Requirements
Staff Notes Approved PUD
requirements for
adjacent Cib
Sho buildin
The applicant
proposes an FAR of
0.13:1 to leave a small
amount of floor azea
on the site for a
Allowable Gross Squaze 2,025 potential addition. Any 0.35:1
Footage changes will require a
PUD amendment
pursuant to Land Use
Code Section 26.445.
Staff proposes that the
PUD only approve the
gross squaze footage
for the proposed AEC
buildin .
The applicant
proposes 5 covered
paking spaces on the
adjacent CDOT right
of to be used for the
Minimum Off-Street 0 spaces ~C. The Code does
paz~g not permit off-street
paking to be located
on an adjacent lot that
is in different
ownership than the
subject azcel.
The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the properly:
a. The character of, and compatibility with, existing and expected future
land uses in the surrounding area.
b. Natural or man-made hazards.
c. Existing natural characteristics of the property and surrounding area
such as steep slopes, waterways, shade, and significant vegetation and
landforms.
d Existing and proposed man-made characteristics of the property and
the surrounding area such as noise, traffic, transit, pedestrian
circulation, parking, and historical resources.
Staff Findings: Staff fmds that the proposed dimensional requirements, listed in the Staff
memo, aze generally appropriate for the intended and future use of the pazcel but there aze a few
Exhibit C - PUD Review Criteria
Page 3 of 11
P35
concerns. The proposed floor azea ratio of 0.13:1 leaves a minimal amount of available floor
area for an addition onto the proposed building. Staff recommends that the Planning and Zoning
Commission approve only the required amount of floor azea needed to build the proposed plan.
Any changes to the approved PUD plan will require an amendment, at which time the addition
and any floor area changes will be reviewed. The existing floor azea of the adjacent City Shop
(comprising 4 buildings) is 0.35:1 which does not account for any unused floor azea.
Steep slopes and waterways aze prevalent in the subject area, but do not directly affect the
development of the subject lot. Retaining walls, an extensive drainage plan, a sediment retention
pond, landscaping and preservation of existing vegetation in the azea aze incorporated into the
proposal to protect the natural chazacteristics of the property.
Carports aze proposed to protect the 5 proposed parking spaces from debris falling off the Castle
Creek Bridge above. The proposed project will clean up and organize the existing condition of
the azea, further enhancing the adjacent historic resource. It is important to note that paving on
the adjacent lof is included in the landscape plan; however City Shop will require separate PUD
and IIPC reviews to add paving in that azea.
Noise generated from the turbine will be largely absorbed by the building as represented by the
Noise Assessment Analysis included in the application and outlined in Staff Exhibit E. The
applicant commits to meeting City decibel standards.
Staff finds that the criteria listed above aze met, with the condition that the floor azea requirement
only accommodates the proposed building and not future development on the site.
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 Findings: The proposed dimensional requirements, specifically the setbacks, essentially
define a building envelope for development that provides an ample south yazd abutting the
Mazolf Open Space and locates the proposed- building adjacent to other development. Staff
recommends that the PUD have an-open space requirement included as part of the PUD plan and
agreement to meet this criterion.
3. The appropriate number of off-street parking spaces shall be established based
on the following considerations:
a. The probably number of cars 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 parking
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 developmenx
d The proximity of the proposed development to the commercial core and
general activity centers in the city.
Exhibit C -PUD Review Criteria
Page 4 of 1 I
P36
Staff Findinns: The application proposes Soff-street pazking spaces; however the spaces are
located on CDOT property that the City intends to lease and do not count as off-street parking
spaces according to Land Use Code Section 26.515.020.B. The plant will be remotely operated
from the Water Depaztment. The pazking spaces will only be used on the occasion when visitors
schedule a tour or an employee needs to do maintenance or take readings. Staff finds that the
proposed spaces satisfy the criteria..
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
5. 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 mud flow, rock falls or avalanche
dangers.
b. The effects of the proposed development are 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 qualify 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.
6. The maximum allowable density with in 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 sites' physical constraints. Specifically, the maximum density of a
PUD may be increased it:
a The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan or a specifu area plan to
which the property is subject
b. The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified
in subparagraphs 4 and S, above, those areas can be avoided, or those
characteristics mitigaterL
c. The increase in maximum density results in a development pattern
compatible with, and complimentary to, the surrounding existing and
expected development pattern, land uses, and characteristics.
Exhibit C -PUD Review Criteria
Page 5 of 1 I
P37
Staff Findings: Criteria 4, 5 and 6 above aze not applicable as the project does not propose any
allowable density in the PUD. The Essential Public Facility includes only a turbine room,
control room and shop, and visitor center and bathroom. No residential component is proposed.
C. Site Design
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 are preserved or enhanced in an appropriate manner.
Staff Finding: As part of the Aspen Energy Center, the City envisions this building to
have an educational component with a renewable energy display and a pictorial history of
electric production in the visitor room that highlights Aspen's history of hydroelectricity
starting in 1887 in the adjacent City Shop building. Staff fmds this criterion is met.
2. Structures have been clustered to appropriately preserve signifzcant open spaces
and vistas.
Staff Finding: There is only one structure proposed for the project and it is clustered
with other similaz use buildings on the adjacent lot. All of the development is proposed
for the north side of Power Plant Road, an area that is akeady heavily disturbed. The
applicant proposes asphalt for the parking azea beneath Highway 82. It is important to
note that asphalt is also proposed for the adjacent City Shop property, which will require
an HPC approval and an amendment to the approved PUD. Improvements to the City
Shop property aze not included for review in this application. Staff finds this criterion is
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 vehicular and pedestrian movement
Staff Finding: The proposed structure is oriented to Power Plant Road. A landscape
plan, walkways and covered pazking aze incorporated into the proposal to provide visual.
interest and reduce adverse visual impacts to neighbors. The design of the building
references the adjacent historic City Shop, but has contemporary elements (fenestration
and metal details) that distinguish the building as new. Staff fmds that the building and
the site plan contribute to the context of the site and meet the criterion above.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
Staff Finding: Emergency and service vehicle access is accommodated on this property
via Power Plant Road. Staff finds this criterion to be met.
5. Adequate pedestrian and handicapped access if provided.
Exhibit C - PUD Review Criteria
Page 6 of I 1
P38
Staff Finding: The walkways, visitor center and associated bathroom meet accessibility
requirements. An ADA accessible pazking space is required and should be
accommodated on the site plan. Staff finds this criterion to be met with the condition that
an accessible space is added.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
Staff Finding: A conceptual drainage plan is included in the application. The drainage
plan indicates the construction of an underground detention facility located on the City
Shop property that will collect all storm water from the hydroelectric plant site in order to
meet City requirements. Run-off and sediment control are proposed on the site. The
applicant commits to meeting City drainage requirements prior to recordation of the PUD'
plat. Staff fmds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with the use.
Staff Finding: This criterion does not apply as there is only one building proposed for
the site.
D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed landscape with the
visual character of the city, with surrounding parcels, and with existing and proposed features
of the subject property. The proposed development shall comply with the following:
I. The landscape plan exhibits a well designated treatment of exterior spaces, preserves
existing significant vegetation, and provides an ample quantity and variety of
ornamental plant species suitable for the Aspen area climate.
Staff Finding: Staff fmds that the proposed landscape plan, designed by the Pazks
Department, is sensitive to the context of the site. A bench is proposed along the east
elevation which provides a little outdoor azea to rest and enjoy the Creek. Native vegetation,
includirig service berry bushes, wildflowers, native Chokecherries and Aspen Trees to name
a few, is proposed. Re-vegetation of any disturbed azeas south of Power Plant Road is
proposed. A few of the proposed Aspen trees may need to be moved in order to provide
ample sunlight to the proposed solaz panels. The applicant is proposing perennials to soften
the fence proposed along the east elevation. Staff fmds this criteria is met.
2. Significant existing natural and man-made site features, which provide uniqueness
and interest in the landscape, are preserved or enhanced in an appropriate manner.
Staff Finding: The applicant represents that existing natural site features (this is applicable
to the south of Power Plant Road) will either be retained or re-vegetated where necessary.
Staff finds this criterion is met.
Exhibit C -PUD Review Criteria
Page 7 of 11
P39
3. The proposed method of protecting existing vegetation and other landscape features is
appropriate.
Staff Findi~tQ: Due to the topography of the area, there are extensive retaining walls along
the western portion of Power Plant Road. The applicant proposes to build boulder retaining
walls (rather than the existing metal CDOT walls) where necessary to ensure slope
stabilization and positive drainage. Staff finds this criterion is met.
E. Architectural Character.
1. Be compatible with or enhance the visual character of the City, appropriately relate to
existing and proposed architecture of the property, represent a character suitable for
and indicative of the inte~tded use and respect the scale and massing of nearby
historical and cultural resources.
2. I~:corporate, to the extent practical, natural heating and cooling by taking advantage of
the property's solar access, shade and vegetation and by use of non- or less-intensive
mechanical systems.
3. Accommodate the storage and
slxedding of snow, ice and water
in a safe and appropriate manner
that does not require signifrcant
maintena~tce.
Staff Finding: The proposed building is
one story and includes a large room for
the turbine and generator, a shop anti
staging room, a small control room, and a
small visitor room and bathroom.
Essentially, it was designed from the
inside out to accommodate the turbine and
associated hydroelectric equipment. The
proposed design references the historic
City Shop (lefthand building in photograph) and appropriately incorporates contemporary
fenestration and materials to distinguish the new building from the historic building. The small
scale and gable roof form respect the scale of the historic resource and surrounding residences.
The design intends to be carbon neutral with ~ zero carbon footprint by using solar panels to
power any lights on the exterior and interior of the building. Energy efFcient building materials
and mechanical systems, and water efficient landscaping contribute to the City's environmental
stewardship goals. Staff finds that this criterion is met.
F. Lighting.
1. The purpose of this standard 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 ivitl: the outdoor lighting standards unless
otherwise approved and noted in the final PUD documents. Up-lighting of site features,
Exhibit C -PUD Review Criteria
Page 8 of 11
P40
buildings, landscape elements and lighting to call inordinate attention to the property is
prohibited for residential development.
Staff Findings: The applicant submitted proposed light fixtures and intends to meet the Lighting
Standards of the Code. Staff finds this criterion to be met.
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, t1:e following criteria shall be met:
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character 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 tl:e PUD.
2. A proportionate, undivided interest in all common park and recreation areas is deeded
in perpetuity (not for a number of years) to each lot or dwelling unit owner within the
PUD or ownership is proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial, or
industrial development.
Staff Findings: The review criteria are not applicable to the proposed hydroelectric plant as no
park, common or recreation space is proposed. The subject lot requests removal from the Marolt
Open Space as explained in the subdivision review, Exhibit A.
H. Utilities and Public facilities.
The purpose of this standard is to ensccre the development does not impose an u~:due burden
on the City's infrastructure capabilities and that t/ze public does not incur an unjustifred
frnancial burden. Tlie proposed utilities and public facilities associated with the development
shall comply witf: the following:
1. Adequate public infrastructure facilities exist to accommodate the development
2. Adverse impacts on public infrastructure by the development will be mitigated by the
necessary improvements at tl:e sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided appropriately
and where the developer is reimbursed proportionately for the additional in:provement.
Staff Findings: The proposed project is an Essential Public Facility that will contribute to
existing public utilities if approved. Staff finds that the criteria above are met.
I. Access and Circulation.
Exhibit C -PUD Review Criteria
Page 9 of 11
P41
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:
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: The proposed lot has access from Power Plant Road. Only one lot comprises
the proposed PUD.
2. The proposed development, vehicular access points, and parking 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: The proposed development will only have one point of access off of Power
Plant Road. The curb cut aheady accesses the gas pumps on the City Shop property. Staff
finds that this criterion is met.
3. Areas of historic pedestrian or recreational trail use, improvements of, or connections
to, the bicycle and pedestrian trail system, and adequate access to signifecant public
lands and the rivers are provided through dedicated public trail easements and are
proposed for appropriate improvements and maintenance.
Staff Finding: This criterion is not really applicable, but the proposed development does not
propose any dedicated trail easements on the subject property. However, as part of the open
space exchange, the Water Department is creating trail easements around their facility.
4. The recommendations of the Aspen Area Community Plan and adopted specific plans
regarding recreational trails, pedestrian and bicycle paths, and transportation are
proposed to be implemented in an appropriate manner.
Staff Finding: Not applicable.
5. Streets in the PUD which are proposed or recommended to be retained under private
ownership provide appropriate dedication to public use to ensure appropriate public
and emergency access.
Staff Finding: No new streets are proposed in the PUD.
6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots
within the PUD, are minimized to the extent practical
Staff Finding: Not applicable.
Exhibit C -PUD Review Criteria
Page 10 of 11
P44
26.470.100.1. All essential public facilities shall be reviewed by the Planning and Zoning
Commission to determine employee generation. In establishing employee generation, the
Planning and Zoning Commission shall consider the following:
a. The expected 8mp[oyee generation of the use considering the employment
generation pattern of the use or of a similar use within the City or a similar resort
economy.
b. Any unique employment characteristics of the operation.
c. The extent to which employees of various uses within amixed-use building or of a
related off-site operation will overlap or serve multiple functions.
d. A proposed restriction requiring fu[[ employee generation mitigation upon vacation
of the type of business acceptable to the Planning and Zoning Commission.
e. Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual
employee generation.
f. For lodge projects only: An efficiency or reduction in the number of employees
required for the lodging component of the project may,. at the discretion of the
Commission as a means of incentivizing a lodge project, be applied as a credit
towards the mitigation requirement of the free-market residential component of the
project. Any approved reduction shall require an audit to determine actual
employee generation after two (2) complete years ojoperation ojthe lodge.
Staff Finding: As stated above, the project proposes to utilize existing Water
Department employees to remotely operate the facility and to take water readings. An
employee audit is proposed 2 years after the Certificate of Occupancy to confirm that no
new employees were added specific to the hydroelectric plant. Any new employees that
are generated specific to the facility shall require mitigation.
26.470.OSO.B General Requirements: All development applications for growth management
review shall comply with the following standards. The reviewing body shall approve, approve
with conditions, or deny an application for growth management review based on the following
generally applicable criteria and the review criteria applicable to the specific type of
development:
1. Sufficient growth management allotments are available to accommodate the
proposed development, pursuant to Section 26.470.030.D.
Staff Finding: There is no annual limit on growth management allotments for Essential
Public Facilities. Staff finds this criterion to be met.
2. The proposed development is consistent with the Aspen Area Community Plan.
Exhibit D - GMQS Review Criteria
Page 2 of 4
P45
Staff Finding: As outlined in Exhibit A, Staff finds that the proposed development is
consistent with the Aspen Area Community Plan.
3. The development conforms to the requirements and limitation ojthe zone district.
Staff Finding: The applicant requests approval to rezone the property from the R-30
Zone District to the Public Zone District, which requires a site specific PUD plan to
establish dimensional requirements.
4. The proposed development is consistent with the Conceptual Historic Preservation
Commission approval, the Conceptual Commercial Design Review approval, and
the Conceptual Planned Unit Development approval, as applicable.
Staff Finding: Not applicable.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees
generated by the additional commercial or lodge development, according to
Subsection 26.470.IOO.A, Employee generation rates, are mitigated through the
provision of affordable housing. The employee generation mitigation plan shall be
approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4
rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as
amended. An applicant may choose to provide mitigation units at a lower category
designation.
Staff Finding: Not applicable to an Essential Public Facility that does not have a
commercial or lodge component.
6. Affordable housing net livable area, for which the finished floor level is at or above
natural or finished grade, whichever is higher, shall be provided in an amount
equal to at least thirty percent (30%) of the additional free-market residential net
livable area, for which the finished floor level is at or above natural or fnished
grade, whichever is higher.
Affordable housing shall be approved pursuant to Paragraph 26.470.070.4,
Affordable housing, and be restricted to a Category 4 rate as defined in the
AspenlPitkin County Housing Authority Guidelines, as amended. An applicant
may choose to provide mitigation units at a lower category designation. Affordable
housing units that are being provided absent a requirement ("voluntary units")
may be deed-restricted at any [eve[ of affordability, including residential occupied.
Staff Finding: Not applicable to an Essential Public Facility that does not include any
residential units.
7. The project represents minimal additional demand on public infrastructure, or
such additional demand is mitigated through improvement proposed as part of the
project. Public infrastructure includes, but is not limited to, water supply, sewage
Exhibit D - GMQS Review Criteria
Page 3 of 4
P46
treatment, energy and communication utilities, drainage control, fire and police
protection, solid waste disposal, parking and road and transit services.
Staff Finding: The proposed project will not increase demand on public
infrastructure. The hydroelectric plant intends to decrease demand on public utilities
by providing a renewable energy source. As outlined in other exhibits, site drainage
will be addressed on site with a new water retention tank and the water supply will be
minimally affected by the hydroelectric plant within the existing water rights. Staff
finds this criterion to be met.
Exhibit D - GMQS Review Criteria
Page 4 of 4
P47
ASPEN ENERGY CENTER
DEVELOPMENT REVIEW COMMITTEE COMMENTS
DATE OF MEETING: JAN. 27, 2010
UTILITIES'
Water and Electric Department comments aze as follows:
1. All water distribution system standazds should be adhered to.
2. All Electric Distribution system Standards shall be adhered to.
Contact: Andy Rossello, Utilities and Environmental Initiatives Utilities Engineer
Direct (970) 429-1999
Fax (970) 920-5117
PARKS/ OPEN SPACE:
We need to keep the unsigned MOA in the packet, the signed copy that the attorney's office had
on file has gone missing, I think having had a yeaz to sit in a file was the culprit. So we will redo
the signatures as we get approvals for everything else.
Please note, that signing the MOA should now be part of the scope of work for completing this
task.
Contact: Brian Flynn, Open Space and Special Projects Manager
(P)970-429-2035
(F)970-920-5128
FIRE:
I think a major concern of ours is emergency procedures for first responders.
I believe that it would be best to work with Phil and the design team as they get closer to
construction. I don't think the emergency response procedures should have an impact on
construction.
Contact: Ed Van Walraven, Fire Mazshal
Aspen Fire Protection District
0043 Sage Way
Aspen, CO 8 ] 611
970-927-6538 Office
970-379-1378 Cellular
ENGINEERING:
The Engineering Department would like to record a few additional DRC comments regarding the
Castle Creek Energy Center.
After additional conversations with the Water Department and continuing design iterations we
would like to more formally submit additional comments on the project.
Exhibit F- DRC comments
Page 1 of 7
P48
Be]ow are the DRC comments from the first meeting (January 27`h) with new comments added in
italics:
Guide Rail
This project will be required to install Guide Rail on the inside (north-western) radius of Power
Plant road to protect vehiculaz traffic from the steep embankment and earth retaining structure
installed as part of this project.
Stormwater System Development Fee
Due to increase of impervious area on site the Stormwater System Development fee will be
triggered during plan review. The Stormwater system development fee is applied to projects that
create or disturb more than 500 squaze feet of impervious azea. The fee is $2.88 per square foot
of total impervious area on the site and is calculated and applied during building permit review.
A comprehensive drainage plan is required upon submittal of Building permit. Stormwater from
impervious surfaces shall be detained on site and best management practices must be used to
treat the water quality captwe volume. The drainage plan currently does not address the water
quality capture volume, only the 1 Dyr and IOOyr volumes are shown.
Design storm event should be l0yeaz and 100yeaz events shown in the drainage report of the
project.
Flows from the new installation of Curb and Gutter installation must be shown as both pre and
post development and analysis of the current inlet must be presented showing sizing to be
adequate for additional flows. We need confirmation that current inlet sizing is adequate. The
project will increase streamwater volumes to their inlet. We also need to address the location of
basin #3 discharge point. Is it the current inlet?
Stormwater Percolation/Discharge Structure
Underground detention is similar to a drywell. City requirements state these installations must
occur at least ]0' from a foundation and 10' from a property line. Approval from CDOT must
occur to place such a system (infiltration) close to a bridge foundation pier. The system looks to
be placed within the angle of repose from the bottom of the bridge footer. We are concerned with
the dry well's proximity to groundwater and the Street's shop fueling station. The drywell in its
current configuration looks to be a few feet below Castle Creek (potentially the water table) and
lower than the diesel and gas fueling station. As an injection well, we would like to see both of
these issues addressed. Some sort of fuel spill capture containment may be a potential solution?
We would like to address and protect Castle Creek and our stormwater system from any fuel spill
scenarios. A geotech report confrming the percolation rates and water table would be helpful
as well. We believe this design may work in its current configuration but as an owner this may
have long term maintenance issues.
Exhibit F- DRC comments
Page 2 of 7
P49
Earth Retaining Structures
If any earth retainage structures are used, such as soil nails vertical and horizontal mapping of
existing utilities will need to be provided upon submittal of building permit. A $2.64 cu.
Ft/month fee is associated with such installation within the City Right of Way.
Stream Health Monitoring Plan
A stream and riparian azea health assessment should be conducted prior to development of the
hydroplant that includes an impact analysis of the operation of-the hydroplant on stream and
ripazian azea health between the intake and outfall. This report should include a monitoring plan
to monitor flow levels between the intake and outfall weekly, temperature upstream and
downstream of the outfall weekly, and stream and riparian health annually. A plan for mitigating
any negative impacts during construction or operation should also be included. This plan report
should be provided upon submittal of building permit. We have not seen any stream health
monitoring plan as a part of the application. This will need to be submitted prior of the projects
council meeting.
Construction Management Plan
A construction management plan must be submitted in conjunction with the building permit
application. The plan must include a planned sequence of construction that minimizes
construction impacts to the public. The plan shall describe mitigation for: parking,
staging/encroachments, truck traffic, noise, dust, and erosion/sediment pollution.
Detailed plans are required prior to council -please see engineering department for specific
details.
Contact: Tyler A. Christoff, Project Manager
Engineering/Asset Management Department
(970)544-3143
BUILDING:
The AEC will be required to obtain building permits. Fees will be due.
The project will most likely be reviewed under the 2009 edition of the I codes.
The plans appear to be code compliant.
If there is or has been a study in regards to the minimum stream flow for Castle Creek. How
many CFS will be left in the creek? Are the wet lands downstream of the inlet to be monitored?
Contact: Denis Murray
Building Department
(970)429-2761
ACSD• (please specifically note the items in bold)
Service is contingent upon compliance with the District's rules, regulations, and specifications,
which are on file at the District office.
Exhibit F- DRC comments
Page 3 of 7
P50
ACSD will review the approved drainage plans to assure that cleaz water connections (roof,
foundation, perimeter, patio drains) are not connected to the sanitary sewer system including the
drainage plans for the tennis courts.
On-site utility plans require approval by ACSD.
The applicant may want to look into connecting the sanitary sewer service for this building
into the pump facility for the COA city shop if capacity allows. A shared service
agreement will be required. If not, a new sanitary sewer service line will have to be run to
the other side of Castle Creek to Harbor Lane.
This development may require installation of a pumping system.
One tap is allowed for each building. Shazed service line agreements will be required where
more than one unit is served by a single service line.
All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can
develop an estimate for this project once detailed plans have been made available to the district.
Where additional development would produce flows that would exceed the planned reserve
capacity of the existing system (collection system and or treatment system) an additional
proportionate fee will be assessed to eliminate the downstream collection system or treatment
capacity constraint. Additional proportionate fees would be collected over time from all
development in the area of concern in order to fund the improvements needed.
The glycol heating and snow melYSystem must be designed to prohibit and discharge of glycol to
any portion of the public and private sanitary sewer system. The glycol storage azeas must have
approved containment facilities.
Once the proposed utility plans have been submitted to the district for approval, the
district will be able to comment in greater detail.
Contact: Tom Bracewell, ACSD
tomna.aspensan.com
ENVIRONMENTAL HEALTH DEPARTMENT:
The City of Aspen's Environmental Health Department has' reviewed the referenced land use
submittal under authority of the MuniciRal Code of the City of Aspen, and has the following
comments.
This application for an additional 1.05 megawatts of renewable hydropower for the Aspen
Municipal Electric Utility includes 1800 sq. ft. of facility and 5 pazking spaces.
Standazds used for trips generated by new development aze the trip generation rates of the Institute
of Transportation Engineers Trip Generation Report, Fifth Edition. This does not provide trip
generation rates for hydroelectric or other power plants. The most similaz facility is the general light
industrial category of 4 trips per occupied space, based on two studies. If 80% of the spaces were
Exhibit F- DRC comments
Page 4 of 7
P51
occupied, the result would be 16 trips/day. This is below the de minimus level of trip generation
considered significant in evaluating land use applications. The actual trip generation will depend on
the number of visitors to the facility (encouraged by the application) and the number of employee
trips between this facility and the water plant. Trip numbers can be significantly limited by
operational policies, which we would recommend be implemented. The most important would be a
policy of traveling to and from the site by bus, bicycle or foot whenever weather allows. This could
be made easier by provision of a small bike fleet for use in traveling between this facility and the
water plant.
Use of solar panels to provide lighting is a significant environmental benefit, a showcase for
community members interested in solaz power, and an important way for the city to "walk the talk".
This application meets the requirement for consistency with the Aspen Area Community Plan due
in part to the very significant reduction in air pollution it will bring about (reducing particulate and
gaseous pollution by replacing coal-fired power with hydropower and eliminating greenhouse gas
emissions). The magnitude of this environmental benefit is much greater than most other measures
the community could take to reduce air pollution and greenhouse gas emissions.
The Aspen Area Community Plan states that "Elected ...Boards ... should consider environmental
... issues in all land use deliberations, discussions, and decisions." Environmental benefits of this
project, besides the main benefit of providing cazbon-free, air pollution-free electric power,
include several efficient building features, accessibility by walking, biking or use of the bus
system, use of solar photovoltaics for lighting, small size and scale which result in minimal
traffic generation, and the educational component which will inform visitors about alternative
energy systems. For these reasons, this development will not impose an undue burden on the City's
infrastructure capabilities. Not only does adequate public infrastructure exist to accommodate this
facility, but it will provide additional renewable energy infrastructure.
The facility must comply with the City of Aspen noise ordinance, which sets a standazd of 50 dB at
night at each property line, after subtracting background noise. The law does not require that the
facility not be audible. The applicant has hired a renowned sound engineering firm to analyze a
similaz plant, take background noise readings, and determine sound dampening measures necessary
to ensure that the facility meets the city noise law requirements and reduces noise levels inside the
facility. We aze confident that using this firm's recommendations will allow the facility to comply
with the limits.
Contact: Lee Cassin, Environmental Health Director
(970)920-5075
HOUSING'
ISSUE: The applicant is requesting approval for the creation of the Aspen Energy Center (AEC) on the
property located at the bottom of Power Plan Road.
BACKGROUND: The AEC is proposed to provide a renewable energy source to Aspen's electric
customers. It is being designed as a "green" multi-use facility as a renewable energy model, educational
center, museum and eventually a hydroelectric plant. Proposed are four rooms:
Exhibit F- DRC comments
Page 5 of 7
P52
• Turbine Room
• Shop and Staging 355 square feet
• Visitor Room 178 square feet
• Control Room 301 square feet
MITIGATION:
The Water Department will be in charge of this facility and states that they will be utilizing existing
employees. Section 26.470.090 (paragraph 4) states that upon recommendation from the Community
Development Director, the City Council may assess, waive or partially waive affordable housing mitigation
requirements. This section also states that the Employee Generation Rates may be used as a guideline to
analyze employee mitigation requirements. The employee generation table states that for a Public use, 3.9
FTE's are generated per each 1,000 square feet of net leasable space. However, the 3.9 number is for an
office use. This number is not typical for other non-office public facilities. If the 3.9 number were utilized
for the visitor room, .7 FTE's would be required. The applicant states that there will not be any permanent
employees at this location; an existing employee from the Water Department will go to the property on an as
needed basis.
Because the property is being development as an essential. public facility, the City Council has the option to
waive employee mitigation; therefore, staff would request that an employee audit be done prior to
development of the property and then two years after Certificate of Occupancy. If the employee base has
increased, mitigation of that increase should be required at that time.
RECOMMENDATION: The Housing Board reviewed the application at their regular meeting on
February 17, 2010 and recommended approval of the application with the following conditions:
1. The current employee base of the Water Department shall be provided to APCHA prior to building
permit approval.
2. Two years after Certificate of Occupancy, an employee audit shall be conducted and that audit
provided to APCHA. If the employee numbers have increased, mitigation shall be required by the
City of Aspen.
Contact: Cindy Christensen, Operations Manager
Aspen/Pitkin County Housing Authority
970-920-5455
PLANNING:
• Need a better maps that overlay the proposed Lot 3 on top of an existing aerial map or
something like that because it is really. hazd to see where the highway/bridge above is
located, etc.
• Need a better explanation about the size and configuration of Lot 3.
• The maps and visuals provided are hard to read and need to be simplified in some
instances. (i.e. where is the open space replacement azea located, newly proposed lot,
access to the carports.....)
• There is a concern that the proposed architecture of the building mimics too closely the
adjacent designated landmark. Maybe look into changing the fenestration to reflect a
more contemporary time period. Would the project team be willing to meet with HPC for
referral comments about the architecture? It would only be an advisory review, so you
Exhibit F- DRC comments
Page 6 of 7
P53
can do what you want with the comments from HPC. It is really just a courtesy since the
new pazcel is so close to the national register property.
There is concern about the noise. We need a better explanation about the impacts of the
noise and if the building is going to be designed with noise abatement in mind.
We need more information about the water flows and the impacts up and down stream.
Phil, thanks for the powerpoint. It is somewhat helpful, but I don't really know what it
means without someone walking me through it. It will be really helpful for com dev and
for the project to give us a pdf or a handout that explains the project and the impacts, etc.
for us to hand out to the public.
AH- we need a better explanation about employee generation. Be realistic about the
amount of time it will take for an existing employee to monitor the system from the water
department.
TRANSPORTATION'
• The CDOT ROW needs to be resolved for the project to be able to move forward.
• The underground penstock from the City water department will run through/under the
Entrance to Aspen ROW on the Mazolt property and possible tunnel azea. Close
coordination with CDOT will need to occur to avoid conflicts if the ETA is built.
• Has CDOT been referred on the Hydro Plant for comments?
• The carport is right next to one of the Castle Creek bridge piers. Is that a problem? Does
CDOT know this?
• Will there be any excavation in the vicinity of the bridge piers?
The drawing from Sopris Engineering for the Horizontal Contro] Plan labels Power Plant
Road as "Power House road"??
• Is there a construction management plan and with a traffic control plan for rerouting
traffic during construction?
How much additional traffic will the project generate? There are five new parking
spaces. That must mean that new trips will be generated.
• There is a visitor center-how many new trips will be generated by it?
• How many new trips will be created by the project?
• Site traffic should be required to use Cemetery Lane as the access to the project and not
Smuggler.
• Is there any protection to the bridge piers/columns during construction?
• Is there any permanent protection for the bridge piers?
Contact: John D, Krueger, Director of Transportation
970-920-5042
Exhibit F- DRC comments
Page 7 of 7
P54
PScZ FYI Memo
We'll be meeting on Tuesday, April 20, to present to you on the Aspen Energy Center (Castle
Creek Hydro Project) PUD application; but I wanted to email you in advance of the meeting to
give a brief, non-technical overview of the project and process to date.
The Castle Creek Hydro Project isn't new. Back in 1885, Aspen became the first city west of the
Mississippi River to have its street lights powered by hydroelectricity. The Castle Creek Hydro
Project originally began operation in 1893 but was decommissioned in 1958. Today's Castle
Creek Hydro Project looks to resume operation and will include replacing the original pipeline
and following (for the most part) the original alignment of the original pipeline. A new
powerhouse at the base of the pipeline will contain a single turbine and will be located adjacent
to the original powerhouse structure. (Anew powerhouse is necessary because the original
structure won't be able to carry the loads and stresses of resuming power production.) The
existing powerhouse will be maintained as an administrative and educational facility.
A 2007 vote by Aspen citizens overwhelmingly supported the Castle Creek hydroelectric
project, with 77 percent of the public voting for it. The project will produce a net 5.5 million
kilowatt-hours of environmentally responsible electricity annually. That power production will
prevent more than 5,000 tons of carbon dioxide from entering the atmosphere each year.
To date we have met with the neighbors, community ahd interested stakeholders on several
occasions and have collected public comment both in person, in writing, via email and public
open house. I've attached a matrix of who has commented and what they have commented on.
We have addressed public comments in a formal memo, which is attached as well. As you can
see from the matrix, minimum flows in Castle Creek have been discussed at length. And
although this is outside of the scope of our conversation next week, just to relay our position to
you, the City of Aspen has along-standing commitment to the Colorado Water Conservation
Board to protect the natural environment of Castle Creek. We will allow the state's minimum
stream flow of 12 cubic feet per second to be maintained under all but the most severe drought
conditions. The City is also conducting additional minimal streamflow studies at the request of
the Colorado Division of Wildlife and has agreed to evaluate our operational plans with the
DOW in light of the study results.
One final note: we plan to begin construction on the pipeline in early May. This may seem like a
"cart before the horse" decision; however, it isn't. In the process of gearing up for the new
Castle Creek Hydroelectric Project we hired a series of consultants to best prepare us for the
federal licensing process. During that prep work, the consultants discovered the need for a
pipeline to safely drain Thomas Reservoir, citing changes in engineering practices and safety
measures from when the reservoir was built back in 1966. So, even if we don't build the new
P55
Castle Creek Hydro Project, we will still need this drainage pipeline to protect the hospital,
homes and the entirety of the Castle Creek Valley in the event of Thomas Reservoir filling past
capacity. Now that we know of this issue, it would be negligent to not move forward as quickly
as possible to correct this potentially life-threatening problem.
We'll be throwing a lot of information at you at the meeting, but we hope this gives you a brief overview
of where we are, how we got here, and where we're going in the near future.
I look forward to answering your questions on the 20th
Phil Overeynder
P56
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P57
DIETLE AND DAMS, P.C.
ATTORNEYS AT IA\V
E,IabWhzd M 19T2
Peter C. Dietze Siena Square Building Tucker M. Katz
]oe1 C. Davk 2060 Broadway, Sui[e 400 Joshua E. Anderson
Robyn W. Kube Bouldeq Colorado 80302 bfark D. Detsky
Karl P. Knmli, III' Telephone (303) 497.1375
David J. Thrower Fax (303) 4409036 Of CounreL
Joel C. Maguire n>.}v.dietzedavis.com Cazmen S. Danielson
RenBe Ezer'
Stephen A. Closky Emaib karlk@dietzedavis.com Also admlltrd In Califomla
Star L Waring
MEMORANDUM
TO: PhilOvereynder
City of Aspen
I`
FROM: Karl F. Kumli, III; Joshua E. Anderson ~ utii/i,? 1
DATE: April ]2, 2010 1
SUBJECT: Response to Public Comments for Castle Creek Hydroelectric Project
This memo addresses agency and public comments following the November 13, 2009 public
meeting regarding the Castle Creek Hydroelectric Project (CCHP).
A total of twenty-six commentators provided written input on the hydroelectric project proposal.
A complete list of meeting attendees, and those persons providing written comment letters, is
attached to this memorandum.
The comments addressed eight subject areas, and responses to those areas of concern comprise
the remainder of this memorandum. The areas addressed are: I) the appropriateness of the use of
the small conduit hydroelectric project exemption under federal law; 2) zoning; 3) water rights;
4) environmental analysis/EIS; 5) minimum sheamflow; 6) boreal toad; 7) ecosystem health;
and, 8) noise. Matters involving ecosystem health and environmental analysis/EIS are addressed
together.
PROJECT OVERVIEW:
The City of Aspen (hereafter refereed to as "City") is working to use existing water supply
infiastructure to generate renewable energy as part of the City's plan for elimination of all
greenhouse gases from the City's electric energy generation resources, The CCHP will generate
electricity at the same site, and in the same manner, as an earlier hydroelectric facility which
produced power at the same location from 1893 to 1961, The earlier version of the CCHP
produced 1.1 megawatts of power. The new version of the project is planned to be 1.05
megawatts.
P58
Phil Overeynder
April 12, 2010
Page 2
I. Puruose and Need for the Proiect.
At least one commenter asked about the purpose and need for this project.
City of Aspon Response: The Aspen Energy Center would increase the City of Aspen's
hydroelectric energy production by 42%. The additional energy produced by the facility would
represent approximately 8% of the city's annual electric use (Smart Mahoney Associates, LLC
2007). If authorization for the hydroelectric project cannot be obtained, then the City of Aspen
will continue to obtain primarily coal fired energy from the Municipal Energy Agency of
Nebraska (MEAN). There is a specific reference in Aspen's power supply contract with MEAN
that provides the City with the flexibility to reconstmct the Castle Creek Hydroelectric plant
while reducing its current reliance on coal fired energy sources.
Switching to hydroelectric power would eliminate an estimated 5,167 tons of carbon dioxide
emissions annually, which represents a 0,6% community wide reduction in carbon emissions
based on the 2004 Greenhouse Gas Inventory. The Aspen City Council established an initiative
to increase the percentage of its electrical energy use that comes from renewable sources Smart
Mahoney & Associates, LLC 2007) and the Aspen Energy Center would help fulfill that goal.
To address the need to reduce carbon emissions, the City adopted its "Canary Initiative" in 2005
and the Climate Action Plan in 2007. The 2005 Canary Initiative identified a new hydroelectric
facility on Castle Creek as part of the City's strategy to reduce carbon emissions. The current
plan for reducing greenhouse gas emissions call for eliminating all carbon emissions associated
with the electric energy supply for the City's electric utility by 2015. R'hen completed, the
Castle Creek facility will increase the non-carbon energy percentage from the present level of
73% to approximately 81%, providing substantial progress towards the goals of Aspen's
Climate Action Plan.
The City's plans for carbon reductions also include switching electic providers for a number of
City owned facilities (including the Aspen Recreation Center, Aspen Golf Course and Aspen
Water facilities) as well as for a planned affordable housing development. Switching electric
providers for these electric loads will also contribute to reaching Climate Action Plan goals due
to the lower carbon emission factor of the Aspen electric utility. The resulting increase in electric
demand to the Aspen electric system will be largely offset through completion of the Castle
Creek project. The estimated increase load from existing City facilities is 2,5 million kilowatt
hours ("kwh") annually, while an additiona12.5 million kwh annually will be required for the
new affordable housing to be served by the Aspen electric system. The total 5.0 million kwh in
new loads to the Aspen described above compare with the 5.5 million kwh which will be
generated annually by the Castle Creek project.
A combination of energy efficiency, demand side management, and smart grid technologies
could assist Aspen to meet the Climate Action Plan goals for• electric energy, but would not
replace the need to expand renewable sources of energy such as the Castle Creek project.
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P59
Phi( Overeynder
April 12, 2010
Page 3
Aspen's goal for these programs requires a S% reduction from 2007 demands. In late 2008, the
Colorado Governor's Energy Office (GEO) released its goals for utility performance these
activities, which equate to approximately a 13% reduction from current loads. Aspen is the only
municipal utility (and the first utility in Colorado) to adopt an inverted block rate structure that
encourages conservation from both residential and commercial customers. Aspen has also moved
aggressively to support its customers in reducing energy usage through implementing a system to
encourage energy audits and utilization of the most aggressive energy efficiency rebate program
available in Colorado.
Meeting the GEO goals of 13% reduction in energy use will require continuation of Aspen's
energy efficiency programs. However, energy efficiency alone will not enable Aspen to achieve
its goal of a carbon neutral utility. The renewable energy provided by the Castle Creek Energy
Center is an important part of a comprehensive energy plan for the City of Aspen.
II. Conduit Exemption.
Question: Several comments questioned whether a small conduit hydroelectric project
exemption is the appropriate method to obtain the required federal approval for the CCHP.
City of Aspen Response; Since 1920 the federal government, through the Federal Energy
Regulatory Commission ("FERC"), has licensed hydroelectric projects pursuant to the Federal
Power Act and successive other laws. Licenses are generally issued for a fifty year term.
Licensed projects are subject to ongoing supervision, including financial charges, by the FERC.
Beginning in the late 1970s, in response to the first oil embargo, Congress and the FERC
provided a system of exemptions from licensing for two types of hydroelectric projects: small
conduit facilities and small projects under 5 megawatts of installed capacity.
The City of Aspen has examined the eligibility criteria for• exemption of small conduit
hydroelectric facilities from provisions of Part I of the Federal Power Act (18 CFR 4.30(6)(28))
and believes the CCHP qualifies for this type of exemption. Representatives of the City further
investigated the appropriateness of use of a small conduit exemption with FERC staff on June
23, 2009. In further discussions with FERC staff the use of a conduit exemption was reviewed
on a point-by-point basis. Conversations with FERC staff have led representatives of the City to
believe that a conduit exemption is, indeed, the appropriate manner in which to seek FERC
approval of this project. The criteriat governing a small conduit exemption are:
Regulation: Small conduit hydroelectric facility means an existing o+•proposed hydroelectric
facility that is consh•trcted, operated, or maintained for the generation of hydroelectric potve+•,
and includes all st•ttctures, fixtures, equipments and lands used and useful in the operation or
n:aintenance of the hydroelectric facility, btrt excTtrdes the conduit on which the hydroelectric
facility is located or the transmission lines associated with the hydroelectric facility and which:
' For ease of interpretation, the language of the regulation is set out in italics as a prompt. A discussion of
how the project meets each regulatory requirement then follows.
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P60
Phil Overeynder
April 12, 20 ] 0
Page 4
(i) Utilizes for elech•ic power genetation the hydroelectric potential of a conduit;
Discussion: The Castle Creek Hydroelectric Project will utilize the hydroelectric potential of the
discharge pipeline from Thomas Reservoir. This potential is developed by the loss in elevation
of approximately 310 feet over an approximate distance of 4,000 feet between the water
treatment plant site and the power plant site. The conduit would exist as a component of the
municipal water system even in the absence of power generation for the purposes of safely and
efficiently draining Thomas Reservoir, and for regulating the amount of water diverted into the
City of Aspen water supply system, There is no significant hydroelectric potential developed by
the 30-foot high earthen berm (dam height at the downstream toe) which forms the forebay
reservoir.
Regulation: (ii) Is located entirely on non-Federal lands, as defined in paragraph (b)(20)(i) of
this. section;
Discussion: The City owns all'lands used and useful in the operation or maintenance of the
Castle Creek Hydroelectric Project as a small conduit hydroelectric facility. The City also owns
the right-of--way for the pipeline/penstock, understanding that this conduit will not be within the
project boundary.
Regulation; (iii) Has an installed generating capacity of I S MW or less (40 MW in the case of a
municipal water supplyproject);
Discussion: The nameplate capacity of the Castle Creek Hydroelectric Project will be 1.05 NIW.
Regulation: (iv) Is not an integral part of a dam:
Discussion: Neither the conduit nor this project are integral parts of a dam.
Regulation: (v) Discharges the water it uses for po+ver generation either:
(A) Into a conduit;
(B) Directly to a point of agricultural, municipal or industrial conswnption; or
(C) Into a natural water body if a quantity of water equal to or greater than the quantity
discharged from the hydroelectric facility is withdrmvn from that water body downstream
into a conduit that is part of the same water supply system as the conduit on which the
hydroelect•ic facility is located,•
Discussion: (A) The Castle Creek Hydroelectric Project will not discharge water into a conduit
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P61
Phil Overeynder
Apri112, 2010
Page 5
(B) Instead, the project dischazges water into Castle Creek at a point approximately
3,500 feet above the, confluence of Castle Creek and the Roaring Fork River. Between
the point of discharge and the confluence of Castle Creek and the Roaring Fork River
there is only one, small (3 c.f,s.), privately owned water right, the Tagert Ditch, which is
the only intervening water right other than the instream flow (ISF) decree held by the
Colorado Water Conservation Board (CWCB) on Castle Creek. Below the confluence of
Castle Creek and the Roaring Fork River there is another, larger ISF decree, also held by
CWCB. As set out in the remainder of this document, these ISF decrees are points of
municipal consumption within the meaning of the Commission's organic law and
implementing regulations, These discharges from the Castle Creek Hydroelectric Project
to points of municipal consumption will comply with the discharge requirements under
this section.
(C) The discharge into Castle Creek and the Roaring Fork River would also meet
the requirements of discharge into a natural water body, with subsequent withdrawal, but
for the fact that the regulations require that the subsequent withdrawal be into a physical
conduit. However, the absence of a physical conduit here merely reinforces the propriety
of a finding that the dischazge here meets the requirements under Section (5)(B).
The term "municipal consumption" is not defined in the Code of Federal Regulations. In the
present case, water from the proposed facility will be discharged into a natural body of water
which is not consumed by a municipality in the traditional sense of the water being removed
from a stream or river and used for human consumption, or removed by evaporation or
transpiration. However, as discussed below, Commission case law makes cleaz that "municipal
consumption" properly includes uses of water which do not result in removal of the water from
the stream or river, and the physical consumption of water to extinction. These uses of water
which aze not "consumption to extinction" have repeatedlq been held by the Commission to be
appropriate to bring projects, like the Castle Creek Hydroelectric Project , within the ambit of 18
CFR Section 4.30(b)(28)(v).
A. THE NATURE OF THE COLORADO WATER CONSERVATION BOARD AND AN
ISF DECREE:
1. The Colorado Water Conservation Board is a Municipality within the
meaning of the Federal Power Act.
WhIle the term municipal consumption is not defined under the Commission's regulations, the
term `municipality' is given a very specific meaning under the Federal Power Act (FPA).
Section 3 (7) of the FPA (16 USC § 796(7)) provides that:
"munici~lity" means a city, county, irrigation district, drainage district or other
political subdivision or ~¢enc~of a State competent under the laws thereof to
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P62
Phil Overeynder
April 12, 2010
Page 6
carry on the business of develo~na transmittin¢ utilizint? or distributing Hower.
[emphasis supplied]
The Colorado Water Conservation Board meets the FPA definition of a municipality precisely.
Colo. Rev. Stat. Section 37-60-102, which authorizes the CWCB, provides:
For the purpose of aiding in the protection and development of the waters of the
state, for the benefit of the present and fuhue inhabitants of the state there is
created a Colorado water conservation board with the powers and duties set out in
this article. Said board is declared to be an agency of the state, and the functions
it is to perform as set out in this ar4icle, are declared to be governmental functions
for the welfare and benefit of the state and its inhabitants. [emphasis supplied]
Thus, CWCB is an agency of the State of Colorado.
Colo. Rev. Stat. Section 37-60-] 19 provides:
Construction of water and power facilities -contracts with and charges
against users. (1)(a) In order to promote the general welfare and safety of the
citizens of this state and to protect the allocation of interstate waters to the state,
the (Colorado Water Conservation Board may, subject to the provisions in
section 37-60.122, construct rehabilitate enlarge or improve, or loan moneys to
flood control water supRly and h~roelectric energy facilities, excluding
domestic water treatment and distribution systems, together with related
recreational facilities, in whole or in part, as will, in the opinion of the board,
abate floods or conserve, effect more efficient use of, develop, or protect the
water and hydroelectric energy resources and supplies of the state of Colorado.
Thus, the CWCB is competent under the laws of the State of Colorado to carry on the business of
developing, transmitting, utilizing, or distributing power.
Since CWCB is a municipality under the defurition in the FPA, the next question becomes
whether an instream flow water right held by the CWCB i~ a "point of municipal consumption"
under the Commission's regtrlations. Both under Commission decisions and under Colorado
water law, it is clear that a Colorado instream flow water right does constitute a point of
municipal consumption.
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2. Nature of an ISF Decree Under Colorado Law
The State of Colorado operates a system of instream flow rights as part and parcel of its very
comprehensive system of adjudicated water rights. Under the Colorado Water Rights
Determination and Administration Act (Colo. Rev. Stet. §37-92-101 et seq.), the CWCB is
granted the exclusive authority to appropriate an instream flow water right. Colo. Rev. Stet.
§37-92-102(3). In order to obtain a new appropriation for an instream flow decree, the CWCB
must make application to the Colorado Water Court, just as is required of any other water user.
Colo. Rev. Stet. §37-92-102(3)(c),
The nature of an instream flow right, and its ability to preclude other, inconsistent uses of water,
renders the instream flow right the equivalent in every respect of a water right which provides for
"consumption to extinction." In confirming the preclusive, and therefore legally consumptive,
nature of an instream flow right, the Colorado Supreme Court has recently held:
[A] junior instream flow right may resist all proposed changes in time, place, or
use of water from a sow•ce which in any way materially injures or adversely
affects the decreed minimum flow in the absence of adequate protective
conditions in the change of water right or augmentation decree..... We likewise
hold that an adjudicated instream flow right entitles its holder to maintain the
stream conditions existing at the time of its appropriation and to resist proposed
developments through changes of water rights or augmentation plans, regardless
of the means, that in any way materially injw•e insheam flow rights... .
We recognize that instream flows thus potentially complicate development... by
"tying up" a stream. Yet all water rights complicate the efforts of new or existing
users to develop sources of supply. This result is endemic to the priority system
and property rights generally. [Citations omitted]
Colorado Water Conservation Board v. Ciiy of Central, 125 P.3d 424, 440 (Colo. 2005).
In fact, the instream flow right is more consistently consumptive than an ordinary right under
Colorado law. Where the holder of an ordinary water right may elect not to use his rights, the
CWCB is not allowed to take and use less than the decreed amount, when available, for instream
flow purposes. Aspen Wilderness Workshop v. Colo. Water Conservation Board, 901 P.2d 1251,
1259 (Colo. 1995).
B. RELEVANT FERC CASE LAW SHOWS THAT ASPEN'S PROJECT MEETS THE
DISCHARGE REQUIREMENT AND ALSO QUALIFIES FOR A DISCHARGE
WAIVER.
While the terns "municipal consumption" is not defined in the Code of Federal Regulations,
FERC case law has consistently taken a broad approach in defining uses which qualify as
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"municipal consumption" for the purpose of small conduit hydroelectric exemptions. Mrn•in
Municipal Water District, 25 FERC ¶ 62359; Tuolumne County Water District No. I, 27 FERC ¶
62038. Notably, FERC has held that direct consumption of the water to extinction is not a
prerequisite to the use being considered "municipal consumption." HYPower Energy Company,
79 FERC ¶ 61060.
In HYPatver Energy Company, 79 FERC ¶ 61060, the Commission considered a conduit
exemption application for a project in which the discharged water would flow into a bypass
channel. This water was not consumed by a municipality, but was used to prevent saltwater
intrusion and to protect the supply of fresh water to communities downstream. Id. at 61275. The
Commission determined that the use satisfied the "municipal consumption" requirement, despite
the fact that the water was merely used to accomplish anon-consumptive purpose, was not
consumed to extinction and was not consumed by the project proponent. Id.
Similarly, water discharged from Aspen's proposed project will not be immediately consumed to
extinction. Instead it will be used by Aspen to meet its responsibility to maintain a minimum
instream flow, under rights owned by another municipality, the CWCB. This use is made all the
more important given the fact that the CWCB has an absolute duty to maintain minimum
instream flows, and cannot unilaterally elect to use a lesser amount Aspen Wilderness Workshop
v. Colo. Water, 901 P.2d 1251, 1259 (Colo. 1995). As discussed above, the CWCB qualifies as a
municipality under Section 3(7) of the FPA. This use of the discharged water to meet the
CWCB's minimum instream flows should be found to be "municipal consumption" pursuant to
HYPower Energy Company.
A second consistent theme in FERC case law is when the rigorous text of the discharge
requirement is not met, the applicant may be entitled to a waiver of the discharge requirement.
However, in order to qualify for a waiver, the project still must meet the statutory requirement
under Section 30 of the Federal Power Act that the conduit is "operated for the distribution of
water for...municipal...consumption." Here, the Commission has taken a broad view, looking at
the overall use of the entire water system of which the conduit is a part. Where, as here, the
conduit is part of a complex municipal water supply system, the proposed facilities will be found
to meet the statutory test of using the hydroelectric potential of a conduit primarily used for
municipal consumption puiposes. Marin Mtmicipal Water District, 25 FERC ¶ 62359;
Tuolunme County Water District No. I, 27 FERC ¶ 62038.
In Marin Mumicipal Water District, 25 FERC ¶ 62359, the Commission considered Marin
Municipal Water District's ("MMWD") four separate exemption applications for proposed
projects. MMWD's applications were accompanied by petitions for waiver of the water
discharge requirement. In all four of the proposed projects, the water was to be discharged into
natural bodies of water with no subsequent withdrawal. The Commission considered MMWD's
petitions for waiver of the discharge requirement and determined that the subject impoundments
and conduits formed part of a complex raw water system which served water treatment plants.
Therefore, the Commission found that the proposed facilities met the statutory test of using the
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hydroelectric potential of a conduit for primarily municipal consumption purposes, and
specifically found that the proposed facilities were in the public's interest. The Commission
granted the petitions for waiver. Id.
The use of impoundments and conduits in a complex raw water supply system for the public
benefit was also found to qualify as "municipal consumption" in Tuolumne County Water
District No. 1, 27 FERC Q 62038. Water stored in that project was either withdrawn and pumped
to the water treatment plant or released periodically to a natural water body, with no subsequent
withdrawal. Id. Again, the Commission noted that the proposed facilities would serve the public
interest, and found that the facilities met the statutory test of using the discharged water for
municipal consumption. Id.
The Aspen proposed project is similarly situated. The project's discharged water will flow
directly to a point of municipal consumption (the instream flow water rights of CWCB). In
addition, the conduit is part of Aspen's complex raw water system and sezves the public interest.
Under the Marin Municipal Water District and Tuolumne Cozrnty' Water Dish•ict No. 1 decisions,
this use is both municipal consumption which satisfies the discharge requirement of §
4.30(b)(28)(v), and also entitles Aspen to a discharge waiver as a matter of public policy.
The proposed Castle Creek Hydroelectric Project should be found to discharge water used in the
generation of power directly to a point of municipal consumption for the purpose of a small
conduit exemption pursuant to 18 CFR 4.30(b)(28). The discharged water will be used to satisfy
CWCB's minimum instream flows, will be used as part of a complex raw water supply system,
and will benefit the public interest.
C. DISCHARGE WAIVER
As noted above, under 18 CFR § 4.92(a)(1) it is also possible for an applicant to petition for a
waiver of the dischazge requirement under 18 CFR § 385.207(a)(5). Aspen plans, in the
alternative, to petition for a waiver of the discharge requhement; under the standards articulated
in the Marin, Tuolumne and related cases.
III. Zonin¢•
The City of Aspen received comments inquiring how the proposed CCHP would comply with
the City's zoning requirements, or whether the Clty would exempt itself from zoning
regulations?
City of Aspen Response:
The project property is part of Lot 3 and Open Space 2A of the Mazolt Ranch and is cwrently
zoned R-30 (Low Density Residential). In order to accommodate the proposed CCHP, the City
has requested Subdivision, Rezoning, Growth Management Review, Stream Margin Review, and
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a consolidated Conceptual and Final Planned Unit Development (PUD) approval for the property
on which the CCHP and the associated Aspen Energy Center will be located.
While officially designated as "open space," the property that will be used for the CCHP has
historically been used as a parking lot for large City trucks and heavy equipment. In 2007 the
voters of the City of Aspen approved the property's removal from "open space" and approved
the p7oposed use of the property as a hydroelectric facility. The removal of the property from
"open space" will be supplemented by a nearly three to one (3:1) replacement of open space area
from the Millionaire Claim on lower Aspen Mountain and several trail easements near the Water
Plant. The City Charter requires only a one to one (1:1) open space land area replacement.
The City's application requests that the project property be rezoned from R-30 (Low Density
Residential) to Public ("PUB"). The pwpose of the PUB zone district is "to provide for the
development of governmental, quasi-governmental and nonprofit facilities for cultural,
educational, civic, and other nonprofit purposes.". Aspen Land Use Code (herea$er• "the Code"),
Section 26.710.250(A). Hydroelectric purposes are governmental purposes under the Ciry
Charter and the Colorado Constitution. The proposed zoning amendment meets each of the
standards listed in Section 26.310.040 of the Code which are to be considered when reviewing a
proposed amendment to the Official Zone District Map.
The City is also requesting subdivision to remove the project property from the Marolt Ranch. If
approved, the application would result in the property no longer being subject to the Marolt
Ranch Planned Unit Development or Subdivision Improvements Agreement. Rather, the newly
created parcel would be subject to all conditions of approval resulting from the application, as
well as a new Planned Unit Development and Subdivision Irriprovements Agreement, The City's
proposal is consistent with the applicable standards relating to Subdivision applications as found
in Section 26.480.050 of the Code, as well as the Planned Unit Development standards contained
in Section 26.445.050.
All development within one hundred (100) feet from the high water line of the Roaring Fork
River and its tributary streams, including Castle Creek, and within the Flood Hazard Area (100
year flood plain) is subject to Stream Margin Review pursuant to Section 26,435.040(A) of the
Code. The proposed CCHP complies with each of the standards for Stream Margin Review, as
set our in Section 26,435,040(0) of the Code.
The City of Aspen's application for Subdivision, Rezoning, Growth Management Review,
Sh•eam Margin Review, and a consolidated Conceptual and Final Planned Unit Development
(PUD) approval will allow the CCHP to comply with all applicable City zoning requirements,
Most importantly, the City is not requesting any special consideration or variances from either
the normal land use review process nor the standards applicable under the zoning ordinance.
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IV. Water Riehts.
The City of Aspen has along-standing commitment to the Colorado Water Conservation
Board to protect the natural environment of Castle Creek by operating the City's water rights on
Castle Creek in a manner that will allow the state-adjudicated minimum stream flow of 12 cubic
feet per second to be maintained under all but the most severe drought conditions. Because of
the importance of protecting the ripazian environment, the proposed CCHP may cease diversions
at times during low-flow periods (which occur mostly in the winter, or shoulder periods), in
order to maintain the instream flow and protect natural environment, as contemplated by state
law. It is also important to note that the historic CCHP operated for over sixty years without
impairing the current environmental quality of the stream.
A draft memorandum from Kerry Sundeen to the City, dated March 29, 2010 entitled Castle
Creek Hydroelectric Plant Changes in Stream Flow has also been provided to the Planning and
Zoning Commission. Finally, as shown on the hydrographs in the Sundeen report, the
hydroelectric project will not affect the large peak runoff flows in Castle Creek which are critical
to riparian habitat.
It is also important to note that the City is conducting additional stream flow studies at the
request of the Colorado Division of Wildlife, and has agreed to evaluate its operational plans
with the Division of Wildlife in light of the study results.
V. Environmental Analysis/EIS.
The City of Aspen received comments stating that the FERC should require the City to prepare
an Environmental Impact Statement. Several commenters expressed concems regarding reduced
stream flows on Castle Creek, and requested that the City be required to analyze the proposed
CCHP's potential impact on stream levels.
City of Aspen Response:
A review of the comments received by the City of Aspen leads to the conclusion that a serious
misconception exists amongst commenters regarding the City's application for a Small Conduit
Exemption pursuant to 18 §CFR 4.92, et seq. Commenters appear to be under the false
impression that by applying for an exemption from licensing, the City will not be required to
conduct studies regarding the environmental impacts of the proposed CCHP or.that those studies
will not be well-suited to a thorough review of the project. This misunderstanding leads
commenters to request that an Environmental Impact Statement be prepared pursuant to 40 §
CFR 1502. As discussed below, studies regarding the environmental impacts of the proposed
CCHP will be conducted as part of the City's application for a Small Conduit Exemption, and
these studies will adequately address the commenter's concerns. In particulaz, it should be noted
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that analysis under 18 §CFR 4.92, et seq. is directed snecifically to an analysis of the very kind
of project which is proposed by the City. Accordingly, an analysis of the project impacts under
FERC regulations provides the most appropriate analysis conducted before the agency created to
oversee this type of project.
Environmental Renort:
The City of Aspen is seeking a Small Conduit Exemption under 18 CFR 4.92. Applications for
exemption under 18 CFR 4.92 must include an Exhibit E, which is an Environmental Report.
The report must be prepared in accordance with 18 §CFR 4.38, and must include the following
information, commensurate with the scope and environmental impact of the facility's
construction and operation:
(1) A description of the environmental setting in, the vicinity of the
facility, including vegetative cover, fish and wildlife resources, water
quality and quantity, land and water uses, recreational use, socio-economic
conditions, historical and archeological resources, and visual resources.
The report must give special attention to endangered or threatened plant
and animal species, critical habitats, and sites eligible for or included on
the National Register of Historic Places. The applicant may obtain
assistance in the preparation of this information from State natw•a]
resources agencies, the State historic preservation officer, and from local
offices of Federal natural resources agencies.
(2) A description of the expected environmental impacts resulting from the
continued operation of an existing small conduit hydroelectric facility, or
from the construction and operation of a proposed small conduit
hydroelechic facility, including a discussion of the specific measures
proposed by the applicant and others to protect and enhance environmental
resources and to mitigate adverse impacts of the facility on them.
(3) A description of alternative means of obtaining an amount of power
equivalent to that provided by the proposed or existing facility.
(4) Any additional information the applicant considers important.
Pursuant to 18 CFR 4.92, the City will conduct envh~onmental studies describing the expected
environmental impacts resulting from the continued operation of the proposed CCHP.
Consultation Requirements:
Furthermore, the Environmental Report required by 18 CFR § 4.92 must be prepared in
accordance with the consultation requirements of 18 CFR § 4.38. This regulation requires that
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the applicant consult with relevant Federal, State, and interstate resource agencies, affected
Indian tribes, as well as members of the public.
First Stage of Consultation:
In the first stage of consultation, an applicant for an exemption must contact each of the
appropriate resource agencies, affected Indian tribes, and members of the public likely to be
interested in the proceeding and (I) provide them with a description of the proposed project and
supporting information, (2) confer with them on the project design and the impact of the
proposed project, (3) discuss reasonable hydropower altematives, and (4) discuss what studies
should be conducted. 18 CFR § 4.38(6)(2). While initial consultation was made with Native
American tribes, no response was received,
The first stage of consultation also requires that the applicant provide an identification of the
envh•onment to be affected and the proposed environmental protection, mitigation, and
enhancement plans. The applicant must also provide streamflow and water regime information,
including mean flow figures illustrating the mean daily sdeamflow curve for each month of the
year at the point of diversion or impoundment. 18 CFR 4.38(b)(2)(iv)-(v). The applicant must
also hold a joint meeting with all pertinent agencies, and interested members of the public. One
of the primary purposes of this meeting is to discuss the data to be obtained and studies to be
conducted by the potential applicant as part of the consultation process.
The City of Aspen held such a joint meeting on November 13, 2009 from 3:00 p.m. to 7:00 p,m.
Following the joint meeting, resource agencies, Indian tribes, and members of the public were
given an opportunity to provide the applicant with written comments (1) identifying its
determination of the necessary studies to be performed, (2) identifying the basis for its
determination, (3) discussing its understanding of the resotu~ce issues and its goals and objectives
for these resources, (4) explaining why study methodology recommended by it is more
appropriate than any other methodology alternatives, and (5) explaining how the studies and
information requested will be useful to the agency, Indian tribe or member of the public in
furthering its resource goals and objectives that are affected by the proposed project. 18 CFR §
4.38(6)(5). The comment period was even extended for approximately two weeks by the City of
Aspen so that every potential commenter had abundant opportunity to review and comment upon
the project.
The comments received by the City of Aspen largely consist of requests that simply state that the
City should be required to conduct an Environmental Impact Statement. The comments fail to
state why an Environmental Impact Statement is necessary in light of the extensive
environmental studies the City will conduct for the purpose of Exhibit E to its Application for
Small Conduit Exemption. Commentors Gave not identified any necessary information that
would not be provided as part of Exhibit E, the Environmental Report, and therefore have failed
to demonstrate that an Environmental Impact Statement prepared pursuant to 40 CFR 1502
would be more appropriate, than an Environmental Report prepared pursuant to 18 CFR 4.92.
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Second Stage of Consultation:
Additional assurances that the City of Aspen will conduct all necessary and appropriate studies
for the CCHP can be found in the requirements of the second stage of consultation.
18 CFR § 438(c) requires an applicant to diligently conduct all reasonable studies and obtain all
reasonable information requested by resource agencies and Indian tribes that are necessary for
the Commission to make an informed decision regarding the merits of the application.
The Colorado Division of Wildlife has in fact requested additional information regarding
instream flows, the project's effect on the natural stream environment, as well additional fish
population data. The City of Aspen has engaged Miller Ecological Consultants to perform all of
the studies which the Colorado Division of Wildlife has requested.
Standard Terms and Conditions for Small Conduit Exemptions:
A final level of environmental protection is provided by the standard terms and conditions placed
on small conduit hydroelectric facilities which have been exempted from licensing.
18 CFR § 4.94 requires that the construction, operation and maintenance of the exempt project
must comply with any terms and conditions that the United States Fish and Wildlife Service, the
National Marine Fisheries Service, and any other state fish and wildlife agencies have
determined are appropriate to prevent loss of, or damage to, fish or wildlife resources. These
agencies have the appropriate knowledge and experience to ensure that all necessary studies az~e
completed by the applicant.
Size and Scope of the Project:
Both an Enviromnental Report pursuant to 18 CFR § 4.92 and an Envh•onmental Impact
Statement pursuant to 40 CFR 1502 are required to be commensurate with the scope and
environmental impact of the proposed project. The CCI1P will not require the construction of a
new dam or impoundment, as it will use water already flowing tluough the existing Thomas
Reservoir. Accordingly, the scope of the endvonmental impact of the proposed project largely
will be limited to a stretch of Castle Creek between the Thomas Reservoir intake and the
discharge point below Castle Creek bridge. The limited scope of the potential environmental
impacts of the proposed project further supports a finding that an Environmental Report prepared
pursuant to 18 CFR § 4.92 will adequately address commenter's concerns.
VI. Minimum Streamflow.
As noted in Section III., above, the City of Aspen has along-standing commitment to the
Colorado Water Conservation Board to protect the natural environment of Castle Creek by
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operating the City's water rights on Castle Creek in a manner that will allow the state-
adjudicated minimum stream flow of 12 cubic feet per second to be maintained under all but the
most severe drought conditions. While no formal agreement between City of Aspen and CWCB
exists for protection of Maroon Creek, the City has consistently operated its water rights
portfolio on Maroon Creek to protect instream flows and the riparian environment, as well.
Because of the hnportance of protecting the riparian environment, the proposed CCHP may
cease diversions at times during low-flow periods (which occur mostly in the winter), in order to
maintain the instream flow and protect natural environment, as contemplated by state law. It is
also important to note that the historic CCIIP operated for over sixty years without impairing the
current environmental quality of the stream. Finally, the hydoelectric project will not affect the
large runoff flows in Castle Creek that are critical to riparian habitat.
The City is conducting additional streamflow studies at the request of the Colorado Division of
Wildlife, and has agreed to evaluate its operational plans with the Divison of Wildlife in light of
the study results. No operational changes in the project would be allowed to impair adjudicated
minimum stream flows, and it is not unlikely that operational changes may result in some
additional minimum stream flow protections, based upon studies conducted at the request of
CDOW.
VII. Boreal Toad.
The Colorado Division of Wildlife has requested that "Aspen collect additional information
relating to possible boreal toad populations and habitat on Maroon and Castle Creeks." The City
has agreed to perform the studies requested by the Colorado Division of Wildlife and has
contracted with Miller Ecological Consultants, Inc. of Fort Collins, Colorado, to perform all
studies requested by CDOW. The boreal toad (Bufo boreal boreal) is not a federally listed
threatened or endangered species, but is listed by the Colorado Division of Wildlife as a state
endangered species.
VIII. Ecosystem Health.
As stated at the beginning of this memorandum, matters regazding the health of the aquatic
ecosystem aze addressed in Section IV. above, regarding environmental analysisBIS matters.
In addition, further work which is part of the comprehensive review of the aquatic ecosystem
will be accomplished by the work of Miller Ecological Consultants, Inc. The work of Miller
Ecological Consultants, Inc., is to conduct all studies requested by CDOW.
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Comments regardine stream flows, habitat and other environmental considerations
a. Colorado Division of Wildlife f"CDOW"
1. CDOW has requested additional information regarding Aspen's Maroon Creek
Hydroelectric Plant operations and how diversions associated with this plant will be incorporated
into the operations of the Castle Creek Hydroelectric Plant, and specifically asks the following
questions:
(a) How the Maroon Creek Hydroelectric Plant diversions would be used in both
projects.
City of Aspen Response: Maroon Creek Hydroelectric Plant diversions will be used to
generate power at either the existing Maroon Creek Plant (FERC P-] 0441) or the Castle Creek
Plant, but it is not possible to generate sequentially at both plants under the current proposal.
(b) Where the existing Maroon Creek Hydroelectric Plant point of retum flow is located.
City of Aspen Response: The existing point of return is on Maroon Creek
approximately 1.75 miles downstream of the point of the Maroon Creek diversion.
(c) If diversions from Maroon Creek for power will increase.
City of Aspen Response: The current instantaneous flow rate of 52 cfs from the Maroon
Creek point of diversion will not increase. These flows are limited by the hydraulic capacity of
the pipeline. The flows in Maroon Creek below the point of return diversions may increase
when diversions increase on Castle Creek. See Maroon vs. Castle Power Production Table A.
See letter report of December 14, 2009.
(d) The amount of Maroon Creek water that will be discharged directly to Castle Creek.
City of Aspen Response: Maroon Creek water is currently discharged to Castle Creek
under the existing operation of the Maroon Creek hydroelectric plant and the diversions for
municipal use and the operation at Thomas Reservoir up to 27 cfs, but this amount would not
always be available from Maroon Creek.
2. CDOW has requested additional information about the effects of the project's
diversions on decreed instream flow rights on Castle Creek and Maroon Creek, as well as on the
Intergovernmental Agreement between Aspen and the, Colorado Water Conservation Board
("CWCB") dated March '10, 1998, and on the recently-approved CWCB instream flow
acquisition of 4.3 cfs of the Stapleton Brothers Ditch right on Maroon Creek.
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City of Aspen Response: Aspen has agieed to protect the instream flows on Castle
Creek, as provided in the March 10, 1998 Intergovernmental Agreement. That written
commitment is unchanged. Aspen's current municipal diversions from Castle Creek and Maroon
Creek are delivered to the Aspen water treatment plant, where the water is commingled, treated
and distributed to Aspen's customers. Because Aspen owns large upstream senior water rights
on Castle Creek, Aspen can assure that the decreed instream flow if 12.0 cfs on Castle Creek is
met by adjusting its own diversions from Castle Creek in times of low flows in Castle Creek.
Thus it is able to temporarily reduce diversions fiom Castle Creek under its municipal and
hydroelectric rights so that the 12.0 cfs instream flow in Castle Creek wilt be met at Aspen's
most downstream point of diversion. Aspen's treated water needs can be met during such times
by increased diversions from Mazoon Creek and/or from Aspen's wells. Aspen intends to
continue operating in this fashion, as provided in the Intergovemmenta] Agreement, when the
Castle Creek hydroelectric plant is operating.
CWCB's acquisition of an interest in the Stapleton Brothers Ditch on Maroon Creek is intended
to support and improve the 14 cfs decreed instream flow on Maroon Creek. Aspen's hydrologic
studies of Maroon Creek indicate that operation of the Mazoon Creek hydroelectric plant will not
cause str•eamflows in Maroon Creek to fall below the decreed insheam flow of 14 cfs. Aspen's
operation of the Castle Creek hydroelectric plant will not result in a changed pattern of
diversions on Maroon Creek that will deplete the instream flow below 18.3 cfs even if CWCB is
ultimately allowed by the water court to add the 4.3 cfs Stapleton Ditch donation to the 14 cfs
decreed instream flow.
3. CDOW has requested that Aspen collect R2Cross data at two additional points on
Castle Creek, prior to the spring runoff if. possible, using certain standard methods, and
incorporate this data, along with additional R2Cross data recently collected by CDOW, into
Aspen's Preliminazy Project Report to more accurately determine the current effects of Aspen's
hydroelectric diversions on the natural stream environment in particular stream reaches.
City of Aspen Response: -Aspen agrees to engage Miller Ecological Consultants to
collect the additional R2Cross data on Castle Creek, as requested by CDOW and to incorporate
this new data, .as well as CDOW's new RZCross data from Mazoon Creek, into Aspen's
environmental report.
4. CDOW has requested Aspen to meet with CDOW after the additional RZCross data
has been obtained and analyzed by both entities to develop a mutually acceptable operating plan
to maximize protection of the natural environment of Castle Creek and Maroon Creek.
City of Aspen Response: Aspen agrees to develop a mutually acceptable operating plan
with CDOW.
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Phil Overeynder
April 12, 2010
Page 18
5. CDOW has requested Aspen to collect additional fish population data and provide
additional information regarding existing winter stream habitat conditions for both Castle Creek
and Maroon Creek,
City of Aspen Response: Aspen agrees to engage Miller Ecological Consultants to
collect additional fish population data for both Castle Creek and Maroon Creek, in the manner
requested by CDOW. Aspen plans to collect this data prior to spring runoff. CDOW has agreed
to accept fish population data collected in the spring, prior to runoff, so long as any comparison
of future sampling efforts specifically notes the season of sampling. This is necessary because
electrofishing data collected prior to spring runoff will result in lower densities and biomass
totals due to cold water effects on fish response to electricity.
6. CDOW has requested Aspen to collect additional information relating to possible
boreal toad populations and habitat on both Castle Creek and Maroon Creek.
City of Aspen Response: Aspen agrees to engage Miller Ecological Consultants to
collect additional information relating to possible boreal toad populations in the manner
requested by CDOW.
7. CDOW has requested that, prior to conducting the above-described surveys, certain
disinfection procedures be followed by individuals performing this fieldwork.
City oT Aspen Response: Aspen agrees to engage Miller Ecological Consultants has
agreed to use the updated disinfection protocols which now require Sparquat prior to any
surveys.
b. Comments from MeetingParticinants.
1. Trout Unlimited and Mark Lacy of U.S.F.S. asked that a study be undertaken of the
area between the diversion intake and the point of return flow during periods of low flow in the
late irrigation season to determine the effects of decreased flows on the fish population and
spawning potential.
City of Aspen Response: The streamflow and fish population studies that Aspen will
perform as requested by CDOW are expected to address this request.
2. Trout Unlimited and aquatic biologist Dee Malone asked whether downstream
diversions or predicted hydrologic and climate change indicate that the 12 cfs instream flow on
Castle Creek may not actually be maintained below the City's diversion on Castle Creek.
City of Aspen Response: A. No. Kerry 8undeen's operational analysis indicates that
this will not occur. This is shown in Exhibits B-1 to the Sundeen Report dated November 13,
2009. This is confirmed at page 4 of Mr. Sundeen's Apri13, 2010 memorandum, where he
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P75
Phil Overeynder
April 12, 2010
Page 19
states, "In the irrigation season (May through October), the City will bypass about 25 to 30 cfs of
water to Castle Creek before any diversions to the hydro plant are made. These bypasses will
satisfy the 12 cfs instream flow demand and will also satisfy downstream irrigation uses on
Castle Creek."
3. Trout Unlimited and Roaring Fork Conservancy asked whether additional measuring
devices would be required at or immediately below the point of diversion or at other locations.
City of Aspen Response: This will be studied in connection with prepazation of the
operating plan to be developed by Aspen and CDOW. If the operating plan identifies critical
monitoring needs which are necessary to maintain the natural environment to a reasonable
degree as set out in C.R.S., Aspen will install, operate and maintain them.
4. An identified attendee asked about the effect on fisheries of an increase in flow below
the hydroplant, especially in winter.
City of Aspen Response: The R2Cross studies to be performed by Miller Ecological
Consultants are expected to determine conditions which will assure health of the fishery in this
reach.
5. Aspen Wilderness Workshop asked that Aspen conduct studies to define and adopt
Ecologically Sustainable Flows for Castle Creek and Maroon Creek.
City of Aspen Response: Dr, Miller has advised Aspen that operation of the Castle
Creek Hydroelectric Plant will not adversely affect Ecologically Sustainable Flows, as the
seasonal flow patterns will not be disrupted. Miller Ecological Consultants will also evaluate the
impact of the Castle Creek Hydroelectric Plant operations on Ecologically Sustainable Flows in
connection with the additional R2Cross and fish populations studies it is performing at the
request of CDOW, and the operating plan to be developed for the Castle Creek Hydroelectric
Plant.
6. The United States Forest Service has requested additional information regarding flow
studies using R2Cross in both Castle Creek and Maroon Creek, and has requested that fish
studies, boreal toad surveys, and issues of aquatic species passage be discussed and reserved.
City of Aspen Response: Aspen's agreement to undertake the studies requested by
CDOW and to develop an operating planjointly with CDOW addresses this request.
7. Dennis Vaughn, Ilona Nemeth and Alan Quasha, by written communication, requested
"a full analysis under FERC." Similarly, Jeff Finesilver requested that the City "be required to
undergo a thorough environmental impact study."
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P76
Phil Overeynder
April 12, 2010
Page 20
City of Aspen Response: Please seethe answer set forth in Section V. Environmental
Analysis/EIS, above. Aspen has undertaken and continues to undertake a comprehensive
analysis of the hydrologic, aquatics, wetlands and wildlife impacts of the Castle Creek
Hydroelectric Project, and has agreed to perform additional studies and analyses as requested by
CDO W. All of the environmental impacts we have been requested to address, Aspen has, in fact
addressed. Aspen has thus performed a "full analysis under FERC: '
8. Patrick, Miller & Kr•opf, P.C. commented that Aspen's water rights to be used for the
Castle Creek Hydroelectric Project may be insufficient due to abandonment or nonuse.
City of Aspen Response: The Colorado water court is the appropriate forum for determination
of abandonment, and the water court has not determined that any of Aspen's water rights have
been abandoned. Aspen has not abandoned, nor intended to abandon, any of its water rights
necessary for the operation of the Castle Creek Hydroelectric Project. Aspen does not believe
that use of its Castle Creek water rights for the Castle Creek Hydroelectric Project will cause
injury to other vested water rights.
9, A number of other commenters raised questions identical to, or substantially similaJ•
to, the points listed above. Those commenters include: (1) Maureen Hirsch; (2) Charlie Eckert;
(3) Mark Lacy; (4) Kirby (unknown, last name); (5)Tom Starocksy; (6) Kim Keilin; (7) Ed
Zasacky (8) Dona Stuart; (9) Haylen Gregory; (10) Robert Potamkin; (11) David Wamer; (12)
Jody Guralnick; (13) Eileen Seely; and (14) Jeff Orsulak.
]X. Noise.
Several of the comments received by the City of Aspen asked for additional information
regarding the level of noise the CCHP would generate,
City of Aspen Response: The City of Aspen is sensitive to its citizen's. concerns regarding the
potential noise generated by the proposed CCHP. In addition to ensuring that nearby residences
are unaffected by noise, the City also wishes to make certain that the planned Aspen Energy
Center, which will be used as an educational center and museum, is not burdened by excessive
noise. To further understand and address potential noise issues, the City commissioned
Engineering Dynamics lnc. to perform a "Noise Assessment Analysis", which was completed in
Mazch of 2009. This analysis considered applicable noise regulations. There is not a standard
noise level specific to property zoned "Public", however, the City will comply with the general
regulations which allow a maximum noise level of 50 dB at night, after subtracting background
noise. The City will conduct post-operational noise studies to demonstrate that the project does
not increase background noise levels and will conduct additional mitigation, if required.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Chris Bendon, Community Development Duector
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: Apri120, 2010
SUMMARY:
The City of Aspen Community Development Deparhnent 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 necessary 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 boazd signs, but
the language needs more clarity and direction
• Awning signage may need adjustments before a draft can be fmalized
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 aze 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 aze proposing changes and what potential outcomes these decisions
could have. Staff asks that the Commission be prepazed to answer questions related to
specific azeas of the Sign Code, including:
• Sign size/allotment
• Awning Signs
• Sandwich Board Signs
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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 azea, 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 faz, staff would like to gather
some general input from the Commission regazding this calculations and measurements
section. This is similaz 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 azchitects regazding confusing or otherwise
frustrating language that they would like fixed.
APPLICANT:
City of Aspen
PREVIOUS ACTION:
Ste:
The Planning and Zoning Commission has discussed the current Sign Code. General
suggestions were made at the February 16s' and January Sa' 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 hearing, 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. _, 2010, for Sign Code
2
~xt+ t (3 t i .~4 .~ P 3
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. 26.5 ] 0.070
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.
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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.
1. 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 apd 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 26.510.110.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) squaze feet in area.
i0. 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 I . 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 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.
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 area 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) 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.
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
5. 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 ojcompliance. 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. 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.
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 (]0) days afrer 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 chazacter 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 2[i.510.130.D.1.e.
H. Roof signs.
P8
I. Search lights or beacons except as approved per Subsection 26.575.150.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.
M. 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, [his 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 amact
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.
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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 lie 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. Twa or more faces. 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 are of equal area or as the area of the larger face if the two faces are of unequal area. (Ord. No. 10-
2005,
26.510.060. Sign setback.
1)
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, § I)
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. Illumination shall comply with Section 26.575.150, Outdoor
lighting. (Ord. No. 10-2005, § ])
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, § 12; Ord. No. 10-2005, § 1)
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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. 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)
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.
l .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 aze 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
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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.
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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.
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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 orcontent 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
26.510.1 I O.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
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permitted, subject to these policies, when the signs are connected to a special event at a City
park for which a permit has been obtained from the City. Signs in City parks aze 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 similaz 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.
c. 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 ] O.B.S to City Council for review and approval.
6. Unattended Temporary Signs in Paepcke Park.
8. 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.
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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. Content/Location: 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 pazk.
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.
b. Size/number/material: Banners must consist bf the following specifications:
(1) Any type of durable material;
(2) Semi circular wind holes in banner;
(3) Metal rivets at all corners and every twenty four (24) inches along the top and bottom of
the banner;
(4) Size will be twelve (12) feet in length and three (3) feet in width.
c. Content/Location. 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
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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. CosUFees/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 l~' 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 (1) 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 Elecfric 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, § })
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.
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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 (I) 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 cr 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.
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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
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. (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 26.5]0.120,
Temporary signs, and the following signs are permitted and then only if accessory and incidental to a
permitted or conditional use:
l . 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 26.510.120, Temporary signs, and the following signs are permitted and
then only if necessary and incidental to a permitted or conditional use:
1. 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 (1) street, not to exceed a total of four (4) signs per lot, subject to the area requirements in
Paragraph 26.510.130.B.1.c.
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c. Area.
(1) Freestanding sign. The area of a freestanding sign shell not exceed ten (10) square feet.
(2) Wall sign. The azea of a wall sign shall not exceed ten (1 D) 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:
l . 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 (]0) 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 azea 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. Commercia! 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
b. 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 azea 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 (] 0) 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.
(1) Portable sandwich board signs are limited to nine (9) square feet in size and shall not
count in the aggregate sign azea.
(2) Businesses are limited to one (1) 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. "i'he 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 '/z square foot for each business
over five businesses.
• For more than 10 businesses- -7 l/2 square feet, plus '/4 square foot for each
business over ten businesses, to a maximum sign area of 10 square feet.
(Ord. No. 10-2005, § 1)
?6.10.140. 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:
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, § 1)
~x H~t3iT ~ ~~-
P22
Chapter 26.510
SIGNS
Sec. 26.510.010 Purpose
Sec. 26-~ 10.020 Applicability and scope
Sec. 26.510.030 Procedure for sign permit approval
Sec. 26.510.040 Prohibited signs
Sec. 26.510.050 Sign measurement and_illcumcnt
~~~ h ~ IO~p(z0 ~i~~n setback
s- _ _ -
Sec. 26.510.0 Sign illumination
Sec. 26.S1D.ilRO Sign lettering, logos and graphic designs
Sec. 26.510.xO ~i_,n ,~,; ., ;r:~d stru.uirsl chazacteristics
Sec. 26.510.1 Ui, Zone District sign restrictions
Sec. 26.510.1 1.1 Window displays
26.510.010. Purpose.
----------------------- .- - Deleted: Sec. ?GS 10.060. Sign
------- -----
------------------------------------- - f Deleted: s0
` --
' Deleted: 09o Structural
---------------------------------- 'Deleted: IQO. Nonconforming signsQ
Sec 26510.110
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.
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 touristn
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. Protnote 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 chazacter of the City, fostering the "village style" quality of
the City and preserving and enhancing scenic views.
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 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.
~C. Protect the public from the dangers of unsafe signs and require signs to be constructed, installed _ ...
and maintained in a safe and satisfactory manner.
I,. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper
placement, illumination, aztimation and excessive height, area and bulk of signs which compete
for the attention of pedestrian and vehicular traffic.
~[. Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists,
bicyclists or pedestrians. (Ord. No. 10-200, § 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, l h~iin:~n~ prcventic~ maintenance
inclu,lin~ :.h;un:ing u~ a Ln~full}~ r~i.tinc~;i_n._ ~.ti;~ich J.~,>^~~i !a~r~1~e a cltnnee of I?lac~tnent. ;iie.
1_i~hiing. color or height is exempt Isom havin@ to obtain a permit.
Deleted: K.. Establish sign siu 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
lt. J'i~ u. rr~;r re: rrirhr-~ r >~~n:ril. The following signs or sign activities shall be exempt from obtaining a Deteted: e.. ex~,» pr ~r~ns
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 gas-filled fi ures. Temporary banners,
pennants, streamers, balloons and inflatables shall be permitted per I and 1 se Cade Sectio:l
_____, Policies regarding signage on public property. ~'~ n jq~rman~nt Streamers, Deleted:Subsecuon26.510.ll0B
c_.. _ _... _.. -. ._-°-------- ----- - -~
h~ <, and balloons shall be permitted in association with a retail special event or sale of
limited duration.
'. Construction signs. 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 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
P24
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. Th>ignateri ublic nstine ~i<_~ns - tii~~ns >uch as ci~neert announcements_~~rcial event
~'----~' ----------....-_ _L
-
notitications. end er~ncl openings can he~~lpced on designated public posting areas such as ihe_
~~CR:~ kiosk acljacrnt to the~edestrian ~n:rll.
4. Directional instructional or ~nurt~,~• suns. Signs, not exceeding •~n~ ., ~~1 ~~~~:~ ~~ :rt~r 11 ??~ Meted: ur
<quare feet an area, which prov,de direction or instruction to guide persons to facilities intended to ~~ Deleted: six inches by thirty inches (6' x so~>
serve the public as required by law_oi• ncccsiry. Such signs include those identifying restrooms,
public telephones, public walkways, public entrances, freight entrances, ;~~~-~ ibilit}_ rnui~>,
rr~trictiun; ~m ;muking ~~r <„lic_it;uion, delivery ~r freight entrutre;._affiliation with motor clubs,
acceptance of designated credit cards and other similaz signs providing direction or instruction to _ _ _ _
persons using a facility jncluding,~,turtesv inli~nnaticvt ~u~h as "~a~,rtr~'.' ~,~~ ~:u , u~ " "t~h~n."
_ -- Deleted: bu[not _~,
"~lu~~~~l," ,,±n~l tL~ lik:. Advertisin material of an kind is strictl rohibited on direction'1
_ g Y Y P "t . , - - °--
Deleted: those signs accessory [o parking areas.
instructional ter crun~e~~ signs. ~ Deleted: ana
~. 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.
? G:, r;, ~e. r>t.ue._irtl gale ~~r autiiim ~i~~ne. Un-silo or ~rfi~-~~ite ~i~n_> t~hirh ^ri~~rti,c a pri~.ito
;arage est~tc' yard sale or suction provided such signs are displayed no more than t~yice per year
per residence for a}~eriod not to exceed three days. Sign must he removed at the conclusion of
the event.
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 nr _intonnation_TI .purposes, street signs, nlji~ial ,nc~,i ~~~_warning signs, railroad __
crossing signs, signs of public service companies indicating dange>F_~tr aids to service and safety ~ Deleted: and
which are erected by or for the order of government.
9. Historic designation. Signs placed on nr in liont ~~f a historic building ~~r ,i~:__identifying 'tnrl ~eleted: chestn,ctureas
1v~}~_idingint~rmation about aproperty listed on the Aspen Inventory of Historic Landmark Sites _
and Structures or the \,uicuia_I_K~~isr~~r of Historic Sites which sign shall ,pot,pxceed six (6)_ Deleted:neawatisign
square feet in area__u :~~Lnn~d_h~..~.li~, Tli~t~~ric Preservaticm c ~ti._~r. Deleted: m
10. Holiday decorations. Noncommercial signs or other materials temporarily displayed on
traditionally accepted civic, patriotic and/or religious holidays, provided that such decorations aze
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 suns 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.
P25
12. Interior siens. 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.
_, .- { Deleted: I5.. Menu signs and real estate picture
hoxes.
and ly~t~tl. 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 js_ ktcated on or )n front of the buildin, ~+ithin _
Deleted: advertises and/ I
~~hich iiI<_restaurant~~ 6~.;tr'J. ________,__ __ Deleted:~dennfiesa
'. Deleted: menu, drinks or foods offered or special
' activities incidental to drink and food service or real
estate offenng
a. The total area of all such signs on a lot does not exceed ei~t (A) square feet.
b. All such lien may be erected no sooner than sixty (601 days in advance of the e]ection for
which they were made.
c. All such signs shall be remored no later than seven (7) after the election for which they
were made.
d Political signs mw not be placed on public property rights-of--way adiacent to Public
t~roperty, or within the State Hiehway 82 traffic way including the round-a-bout and
Iraflic islands. Political signs carried or worn by a Person are exempt from these
limitations.
17. Property manaeement signs. A buildine may have one sign with an area not exceeding one (1)
square foot identifvinP the name and phone number of acontact-person or manaeement entity for
the properri. Multi-Family buildings may have up to one (1) sign per ten (10) residential units
I ti. .Public notices. Official government notices and legal notices.
19. Pri~ti4ol hurn~~:e ;itns. 1'r:IClie,al Bien; et'c~te:J tin nricute m
one (I) per building lacade or property frontage. as ap t~licable.
16. Political Signs Political signs announcing political candidates seeking public office political
parties or Political and public issues shall be permitted provided:
P26
20. Real estate fnr sale or rent ~ian._ Kcal c~tlte sigma advertising the sale or rental of the property
unt~n which the Bien is located, ,provided:
a Type Areal estate for sale or rent sign shall be a freestandin¢ or wall si;tmm.
b Number There shall not be more than one (1) real estate for sale or rent Bien per unit.
c Area The area of the ten~orar~si@n shall not exceed three (3) square feet.
d. Height. The height of the temporary sign shall not exceed five (~) feet as measured from
the grade at the base of the sign.
21. Reeulatorv signs. Reculatorv signs erected on private property such as '`no trespassing." which
do not exceed two (~l square feet and limited to one (1) per building facade or property frontage,
as applicable.
~? _Rclteuxt; stmhnls. Rcli~ious symbols located on a building or rr npcny__used for organized
relieiuiu ;~•n i.e~.
23. Residential name and addres ,ions. •tached residential dwelling~mit~. duplex,unils, and multi-
twenty (20) square feet.
total size of all signs shall not exceed
24. Street addresses on mailboxes.
Deleted: One (1) freestanding or wall sign per
detached
Deleted: unit or
Deleted: unit, with an area not exceeding iwo (2)
square feet, which identifies the name of the
Deleted: ofthe
Deleted: ~Vendine 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 [he contents contained within,
directional or insVUCtional information as to use and
other similar informatioa~
27. Timeshare identification sins. A building that is approved for exempt timesharing, pursuant to
Section 26.590.030, Exempt timesharing, 1n='~ have awall-mounted sign. with_an area not l Deleted: shah
- ------
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.
~8. Temporary Ibod venJin ~_ ~icns. The food yendin~ permit must include details of the intended
si~nase including sir yn~_itrrial and location.
29. 1~~~~urary ~ale_ gin_ 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.
26. 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.
P27
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.
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;
,:.. a tmensions, measurements and calculations of building frontages and line frontages On -- --
f Deleted: 4. A blueprint or ink drawing of the
streets and alleys; the dimensions of any other sign located on the property and any other plans, specificazions and method of conswction of
information needed to calculate permitted sign area, height, type, placement or other requirements I the sign and its supports, showing proposed
~ dimensions, materials and colors and the type,
Of these regulatlOIIS. intensity and design of the sign's illumination, if any;
D._Delermination ojcompleteness. After a development application for a sign permit has been received, andy
' s _ _ _ __ _ _
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. IO-2005, § 1)
I
26.S10.OA0. 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 srgns except as allowed per Paragraph
26..i10.130.D.Le.
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 safe, whichever shall occur first and shall not be replaced for at
least two (2) months following the removal of the sign(s).
P28
B. Prnnanrnr Banners and pennants used for commercial purposes not associated with a special
event approved by the Special Events Committee approval per Subsection 16.510.11 ~ B, ,Deleted: no _
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--ftlled 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 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 fif4y (50) years in age or older.
H. Portable and wheeled signs except as allowed per Paragraph 26.510.130.D.I.e.
I. Roof signs.
J. Search lights or beacons except as approved per Subsection 26.575.150.M, 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 unirutlrful or misleading injorn:ation.
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
in ~r~•" ~_~r egress, prevents free passage from one part of a roof to any other part, interferes with an _ . __ _
opening required for, entilation or is attached to or obstructs any standpipe, fire escape or fire hydrant. I Deleted: i ,ai _ _
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
P29
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-ojway. A sign in, on~or above a public right-of--way that in any way interferes Deleted: over '
with normal or emergency use of that right-of-~vay. 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.
S. Unsafe signs. Any sign: wJrieh:
1. 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 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 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.
• Deleted: Policies reguding signage on public
property. (Ord. No. SS-2600, § 13, Ord. No. 1 I-
?6.S111.i1~0, Sign measurement. Ineation and allolnlre,t ' 2001, § 1; ord. No. to-loos, § i)4
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.. _See Section 26.> 10.060.0. 5i~rr .Iran for Ih
nx•lhlr~i nr n~~r;::urm ~ >i~~n~-
B. Two or more faces. 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 azea 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 area shall be the area of the ~mnll_ca I~wr-side;I ~~r cirruLtr cc<uir~t_ri~ 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.
~/
l~~o~~ off ~~og s5og~
~„
figure 1• Above: Window sign with cutout letters. (8' x 1')' .5 = 4 sq. ft. total
Below: Window sign with solid backine. 2' x 10' = 20 sq. ft. total
Bottom: Sign with irregular shape, 2' x 3' = 6 sq. ft. total
O
~o~Q off ~G~o~ ~og~
10'
i
3'
P31
Desired S le
Si n in
~- _ Suns ~-
_r ~- mss' '~'~~' '~ ~T'~ located at Proportion
- - same height to building
n
Figure 3 ~ ~
-S+Rn-ns~-Fever ire _ ~~'~~~•, ~~ ,ru
architectural not exceeding
feature 25% of window
Figure 4
architectural
feature
Window signs
far more than
259'0 of window
P32
such facades to receive one siRnace allotment.
Buildines that contain one (1) tenant and occupy half a block or more shall be Granted rivenri (20) square
feet of si>~na~e per applicable frontaee.
26.510.060. Sign setback.
Signs are not subject to the setback requirements of the Zone District where they are locatedy
11)r~i. No. 9-21)I~i. ~ I?: (1rti. A'... 10-_'0(j5.~
26.510~7t1. Sign illumination.
A. I tlntrrr/ IIlu~+rr+rrriu~+. Illumination of signs shall be designed,_ located2 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 26.57.1 S0, Outdoor lighting,
fi. 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 (I 8) inches in height.
B. Loos. 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 h'peS 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 -ocated adjacent to a
pedestrian way.
R. /drnti/icotron si_~ns. .Suns int~nrled In ide+rli(r the name njrr .cubdiri.cinrr, multi-fantih~ recidenira!
conraler. mobile home nark, or husi+ress mm~e. ldenli~catio+r .rinns shall he ti~isihle frr+~++ d+e prrhlic
right-o( x~at' or prirale .ctrer!
Deleted: (Ord. No. 9-2002, § I2; Ord. No. l0.
~s.§I) - -
Deleted: 070
Deleted: /3.. Shielding illumination.
'. Deleted: (Ord. No. 10.2005, § I
--- ~eleted: structural
~ Deleted:
' Deleted: The following limitations shall apply to
~ all freestanding, projecting and wall signs.¶
P33
B. Projecting nr ha,r,~r,,;; signs.
Projecting and haneing signs shall not be
higher than the eave line or parapet wall
of the top of the principal building, shall t:avE POINT ~
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 ~-i -
attached, except where such sign is an ~~A91e1
integral part of an approved canopy or
awning.
C. Wall signs. Wall signs shall not be
higher than the eave line or parapet wall
of the top of the principal building and no s,
sign part, including cut out letters, shall
project more than six (6) inches from the
building wall. (Ord. No. 10-200, § 1)
floor of lo~~cr I~vrl a~~ninc; ~~itft
visibility to a public right-of-way ~~r Fi~ure5: Proiectine5ien
arkin Int__ \t~ sign,~nav proi.~ct above,
_. -
elo+v, or i!ht of an a«nim~.
Deleted: y
?6.510.100. Nonconforming signs.¶
Nonconforming signs which were in existence on or
before May 25, 1988, shall be discontinued on or
li before November 25, 1988. (Ord. No. 10-2005, § 1)¶
er:ue hoards arc nruhthlle.l._ `arnitticlt boar) liens shall not be utilized as mer~h::ndi~e displa~s_A six
(6) foot travel width must be maintained on sidewalks and an eight (8) foot travel width on the pedestrian
malls.._l'urlable sandwich hu.~nl >icns :u~e nut to h~ lcl-t out overnight. The s~i_nd~~i~h ht~ard ~iut ~h:ill :',~,t
<<~unt ;awards the sign allouncni.
Deleted: 26.510.110.
Deleted: on
Deleted: in, on, over or
Deleted: any land or right-
Permits for sandwich board signs shall be revocable by the Zoning Officer if the above criteria aze not
met or, in the opinion of the Zoning Officer, the sign creates a visual nuisance, ~;.>n~i~~ich board iICItS Deleted:-way or on any property, including ligh[
ll.~,l :I~`~~, 11.1I`~Ic '~i llh ih~~~c t~r~.,i~~"11: `i> i~n~l'.I will' It tit CllU tt '(i.~~i)_U~i U_1). Posts, belonging to the City without the permission
of the City Council or in wmplianee with Subsection
26.510.110. B, Policies regarding signage on public
property. However, this
P34
Sec. 26.10.100 Zone District silo restrictions
signs. and xhe f
conditional use:
to a permitted or_
~i
;+
I t ~c of Si_n \umhrr of >la~innnn .\rca 11a~inwm Ilci;;hi nf- ('nnunrnl;
tii<rns (Sp. Ft-) hrecstantlin~ tii_ns
Id~ntitiration l ner nutlti- 10 ~' I)irec[ illumination
Si_n t~'all family complete only, fixtures must I.:
Ireestandin~ subdivision shielded and in
monument entrance, or compliance t~ilh ILi>
:i ~!t*) mobile hont~ Chanter and
mil; 2(.17.1 ~0
('~J ,uu1 1 C+er street -1 ner si•_n ff,' Illuminalinn Ix~rntiucil.
Rrca~.ln~t !~nntase must he in ctunpliancc
with this Ch^l ter antl
~(.575.1~0
I limt~• l per start -_# per lien 6' llluminatiat allot~_e,i
O~rt~alion frontaee only when it is
identifyin~lx.~ ~'.::•
-~
Ilalllfi'
l;`il (I?ti ji
Deleted: 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
Chaptec¶
B. -Policies regarding signage on public property-¶
1.. Purpose of regulations. The purpose of these
regulations is to establish reasonable regulations for
the posting of temporary signs, displays and banners
banners and flags on light posts on Main Street, (c)
Deleted: on public buildings. These regulations
shall be read in wnjunciion with this Chapter
Deleted: 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 com•ey 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 6y the City
Council. These regulations are adopted to:¶
a.. Balance the rights of individuals to wnvey their
messages through temporary signs or displays and
b. Further the objectives of this Chapter, Si
Deleted: 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 ornamcntations,¶
Banner, light post mreuis any sr~n cf lightw~cight
fahri c. nlastic or similar material that is attached to a
illustrations or ornamentations which meeu th~
dimensional requirements for and is intended to be
installed on municipal light posts.¶ Z
Deleted: 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 Iigh[ posts or
hanging across Main Street that are subject to
different regulations end criteria¶
b.. Size!'siumber/Material: Only two signs per
event/organizaticn shall be permitted. Signs shall
not exceed ten square feet each and banners shall not
Deleted: 4. Real estaze for sale or rent sign.
Temporary real estate signs advertising the sale or
rental of the property upon which the sign is located,
subjectto thefollowing:q
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 (31 square feet ¶
P35
B. rt rtr, rulhtrnl, c itic, and ac•arlcnlic uses. For all +trU4. u_lu~ral, _~i~ ic. an;l :ir.uie~uic uSeSt Only Deleted: rnsr;h.rinnal
temporary signs permitted under Section 26.5100 p 11_ I~cntl>t signs, and the following signs are Deleted: ct,urcn, 5~hool and pubfie adminsvative
permitted and then only if necessary and incidental to a permitted or conditional use_ Iher~ :hall he not building
t~,~•~e :h.~n t~to (_l ri gin. ennilt~J alnn~ the t trnnta ~ tin ~u~~ ntta (I) ~tr~t, ~l~ t l~~ r~1i~~ t tt~tnl ~I tour ~ Deleted: 12o,Temporary
F' _'_ _' - I,~ -- - --- -- - .. ~ '__..
{ i) suns Der lotl:
he tc iif ~i~_u Yumhct~of tii~n :1rrt ~Sr . Ft. Alacimum I lci~ht ('t~mntcnic
Siens of Frcestandin~
Sins
liicntitication do more than Sec 26.S10.OSO.E, ri' Illumination
Si~~n hto 2 Sierr allornrent permitted, unless_;i a
lfrecstandine, freestandine residential zone. tii:
t~all.or liens er of Bien cannotesc;.r-. _.I
~r~jectine lien frc~ntaee six (6) sq. ft.
~`t1 RlOfl'111311 SCC ?6.~1O.0~0.1'. I7'a 111111711naG:~:1
t~~~o 2 ',+all 5'rtil allonrr~~n! ~rnitteii_ ic~l~~_.: ~~~~;:
<iens~r residentialntne. ~i~~
t ~nttaCe of lien cannot exc~:.i
six (6) sq. ft. ~u~t
not eo above ca.e
1. (71I1t. --
\o more than
i~,ut 2 See 26.~10.0~O.E.
Si¢n nllonrrerrr n a Illumination
permitted, unless in a
,~ojecting or residential zone. Si ~~
hancine suns of si~,n cannot excc~~l
err Ironta~e. six (6} sq. fi`. 'v1u~t
nut eo abo~ e eatr
got ittt.
I ein{~~aan' Sep F.ecvnl?I 1-_~,;:
'~5 111) !l.rr+ ;,'
Deleted: I. Church, school or public
adminisva[ive building identification signs.g
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 )
sveel, not to exceed a total of four (4) signs per l04
subject to the area requirements in Paragraph
zb.slo.lsoa.l ~.p
c. Area9
(1) Freestanding sign. The area of a freestanding
sign shall not exceed ten [ 10) square feet.
(2) .Wall sign. The azea of a wall sign shall not
exceed ten (10) square feei.¶
(3) .Aggregate sign area The aggregate sign area
permitted along the lot frontage on any one (1) sweet
shall not exceed one (I) 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
(I) tue on any one (1) frontage exceed twenty (20)
square feet¶
(4) .Illumination. The sign may be ~Ilummated
except when located in a residential Zone Districi.¶
P36
C. Reereationu_,lrses. For~r reatinnal uses, only signs permitted under'.
signs. and the following signs are permitted and then only if necessary ar
conditional usek(il_tcre shall be not more than one (1),-i~npermitted along'
street, not to exceed a total of two (2) signs per loi;~:
to a permitted or
the ir[`iP
r
l \:naht~r of \la~inntm Ilcis.l:z ('um:nrntti
_,
_ Sirens ~J' of [~rcestandin~~
Signs
IJ~nt_itirati~in
Sion A`~?_nxtrethan
one I See26.~10.0~0.t:,
.Sis;n allntmertt 6~_ llluminotion
permitted, unless in ;i
frr crutdine finestandina residential zone. tiir~
or t~ all :i_n~
- ,ins Per
I'ronta~c
ot~sien cannot excc~ci
:ice ((~ sc . I1.
\n more than
nco f 11 wall See 26.S10.O50.G
,Ciz;rt allnlraettt nin Illnniii>ati~~n
in a
pt rmittcd, unl~:
~i~ns ner _
residential cone_ Sire
imntar~~ of sicn cannot excr: 1
1111 L
i_in,,~~r:In `c'~ ! ,~ .~ 1.11`2,
~ -
-• -- l Deleted: club ar open use recreation sire
Deleted: all recreation club or open use recreation
site
•. ~-
l Deleted: temporary
Deleted: q
I . Recreation club or open use recreazion site
designation signs.q
a .Type, The recreation club or open use recreation
site designation sign shall be a freestanding or wall
sign.q
. , b.. Number. There
use
to the area requirements in
Deleted: c.. Areaq
(1) .Freestanding sign. The area of a freestanding
sign shall not exceed ten (10) square feet.q
(2) . Wall sign. The area of a wall sign shall not
exceed [en (10) square feet.q
(3) . Aggregate sign area. The aggregate sign area
permitted along the lot frontage on any one (I) 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 fire lot frontage
on any alley shall he 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.q
(4) . lllumination. The sign may be illuminated only
during hours of normal operation and the
illumination must comply with Section :6 575 150,
Outdoor lighting.q
P37
D. Commercial uses. For all commercial,uses, There shall be no more than ~'Lt? ~ of the following
three (3) types of signs individual business Iront-r~~: freestanding signs, projecting signs or wail
signs, including wall liens ttiith Cut out letter~,„,~No bu<ine;, shall hacu more than tiwr (~t) nt the
1)r~t.iou~l~_ li>led suns, either individually or in combination.
Onh~ signs ~rntiucd under Section 26SID.OO.Ei, fzemltt liens. and the following signs are permitted
and then only if acce;orv and incidental to a ~crmiltecl or conditional use:
Type of Sign Number of Signs Sign Area tilaximum 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 allot»tent permitted.
wall, projecting building frontage.
/hanging
,
sandwich
board, window, Wal] sign. 2 per See n/a Size not to exceed six
or awning sign) individual tenant 26.510.OSO.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. 1 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.SIO.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. 2G.S10.OSO.E, allotment. Cutout letter
Sign allotment sign counts as 1/2 total
area
Deleted: C
Deleted: Core(CC), Commercial (C-]),
Lodge/tourist Residential (L/fR}, Lodge
Preservation (LP), Commercial Lodge (CL),
Neighborhood Commercial (NC), Mixed Use (MU)
or Service/ Commercial/tndusvial (SCI) Zone
Disvict
Deleted: ,only temporary signs permitted under
Section 26.510.120, Temporary signs, and the
following signs aze permitted and then only if
accessory and incidental to a permitted or
conditional use:9
I.. 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.¶
b.. Number
a combination
Deleted: sign subject to the area requirements in
Deleted: In addition, there shall be no limit on [he
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
I lettered; provided that said signs shall count against
~ the aggregate sign area permitted as if the window
Deleted: c. Area.¶
(I) Freestanding sign. The areaofafreestanding
sign shall not exceed ten (]0) square feet.¶
(?) 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 feeL¶
(4) Awning sign. The area of an awning sign shall
not be limited, but the lettering on the awning shall
not exceed stx (6) inches in height.¶
(5) .Aggregate sign area The aggregate sign area
permitted along the lot frontage on any one (I) sweet
shall not exceed one (I) square feoi 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 tf 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 Developmeni 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
feec¶
d .Location. The business and occupancy
identification signs shall be located on the business
being identified, unless the business does not have
frontage at sweet grade. For such businesses, one (1 j
sign may be located on the business being id [5]
P38
Commercial Use Signs Continued:
Type of Sign Number of Signs Sign Area (Sq. Ft.) Comments
Sandwich l per business No more than nine (9) sq. ft. per Must obtain permit. No dry
Board 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.
Does not count towards sign
allotment. Also see criteria
under 26.510.090.E
Business No more than one For 1 to ~ 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 10 businesses: Five sq. sign allotment.
ft. plus '/z sq. ft. for each
business over five businesses
For more than 10 businesses:
7 '/z sq. ft. plus '/4 square foot
for each business over ten
businesses, to a max sign area
of 10 sq. ft.
Temporary See Exempt Signs, 26.110.030.B
Si~n~
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 in combination.
Only signs permitted under Section 26.510.030.6, 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 26.510.050.E, (6) sq. ft. Illumination
(freestanding, individual tenant Sign allotment permitted.
wall, projecting building frontage.
/hanging
„
window, or
awning sign) Wall sign. 2 per See n/a Size not to exceed six
individual tenant 26.510.OSO.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 26.510.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. 26.510.050.E, allotment. Cutout
Sign allotment letters signs count as
I/2 total area. Not to
exceed 25% of window
Awning sign. 2 See n/a Counts towards sign
per awning. 26.510.050.E, allotment. Cutout letter
Sign allotment sign counts as 1/2 total
area
,n;,r.~. Sic lr,!,;r~l,~i~-
-•-~{Deleted: sandwich board,
P40
JJnless readopted by City Council on or before April 11, 200, the provisions of Section 26.10.130,
Procedure for sign permit approval and its Subsections (D)(5)(3)??? shall be null and voids
26.510.11)1. 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:
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, § 1)
l.. Business directory signs.¶
a. Type. The business directory signs shall be well
signs or freestanding signs.¶
b.. Number. There shall be not more than one (I )
business directory sign per lot.
c.. Area The maximum permitted area of the
business directory sign shall be as follows:9
<fPFor I to 5 businesses - -One square foot of sign
area per business¶
<#>For 6 to 10 businesses- -Five square feet plus'/:
square toot for each business over five businesses ¶
<#>For more than 10 businesses- -7 V2 square feet,
plus'/. square foot for each business over ten
businesses, to a maximum sign area of 10 square
feet ¶
(Ord. No. 10-2005, § I )
P41
RESOLUTION N0. _
(SERIES OF 2010)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF A5PEN, 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, pursuarit 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 16a' and again to Apri120`~', 2010.
WHEREAS, the Planning and Zoning Commission held a duly noticed public
hearing to consider the proposed amendments described herein on April 20a', 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
Pace 1
P42
Chapter 26.510
SIGNS
Sec. 26.510.0 ] 0
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. S 10.110
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 chazacteristics
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 intematiorial
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,
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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.
1. 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 Sor 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. 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 nennants streamers and balloons and other ¢as-filled fieures. Temporary
banners, pennants, streamers, balloons and inflatables shall be permitted per Land Use
Code Section ,Policies regarding signage on public property. Non-
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permanent Streamers, pennants, and balloons shall be permitted in association with a
retail special event or sale of limited duration.
2. 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 postin¢ signs -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. Fem. Flags, emblems and insignia of political or religious organizations providing such
flags, emblems and insignia are displayed for noncommercial purposes.
7. Garaee estate yard 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. 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 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¢nation. 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.
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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.
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 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 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.
13. Memorial liens. 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 liens 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 liens. 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 liens on a lot does not exceed eieht (8) sauare 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) after the election for
which they were made.
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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-
s-bout and traffic islands. Political signs carried or worn by a person are exempt
from these limitations.
17. Property manafement 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 fot 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 aurpose signs. 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 fagade or property frontage, as applicable.
20. Real estate for sale or rent sign. Real estate signs advertising the sale or rental of the
property upon which the sign is located, provided:
a. Tyne. 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. Regulatory 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 fagade or
property frontage, as applicable.
22. Religious svmbols. 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 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.
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There shall not be more than one (1) such temporary sign per use at any one time. Sign
must not exceed six (6) square feet per side.
26. Security signs. Every parcel may display security signs not to exceed an area of six
inches wide by six inches long (6" x b"). 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 signs. 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 vendin¢ signs. The food vending permit must include details of the
intended signage including size, material and location.
29. 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.
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:
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;
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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.I.e.
B. Permanent Banners and pennants used far commercial purposes not associated with a
special event approved by the Special Events Committee approval per Subsection
26.510.030.8,
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
26.510.040.8.20 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
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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.
K Portable and wheeled signs except as allowed per Paragraph 26.510.130.D.1.e.
I. Roof signs.
J. Search lights or beacons except as approved per Subsection 26.575.ISO.H, Outdoor
lighting, Exemptions.
K. Signs causing direc[ 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 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 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-of 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 ojlight 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.
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S. Unsafe signs. Any sign which:
1. 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.
26.510.050. Sign measurement, location and allotment
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. See Section
26.510.060.0, Sign Area for the method or measuring signs.
B. Two or more faces. 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 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)
C. Sign area. Sign area shall be the area 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 toward allowable sign area at one-half ('/z) the measured area.
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,.
~~7C~ O~ ~~0~ ~~gf~
Figure 1: Above: Window sign with cutout letters. (S' x 1') * .5 = 4 sq. ft. total
Below: Window sign with solid backing. 2' x 10' = 20 sq. ft. total
Bottom: Sign with irregular shape, 2' x 3' = 6 sq. ft. total
O O
~ ~
,o
~__
{ l o'
3'
2'
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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
Sign not covering
archi[ecturalfeature
~- 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
to 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 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. 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 (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. 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 identify 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. .
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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. Wat[ 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. ]0-
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.
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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
only, fixtures must be
Sign (wall, family complex, shielded and in
freestanding or subdivision compliance with this
monument entrance, or Chapter and
sign*) mobile home
26.575.150
park
Bed and 1 per street 4 per sign 6' Illumination permitted,
must be in compliance
Breakfast frontage with this Chapter and
26.575. ] 50
Home 1 per street 4 per sign 6' Illumination allowed
only when it is
Occupation frontage identifying a home
occupation of an
emergency service
nature
See Exempt Signs,
Temporary 26.110.030. B
Signs
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 I Number of I Sign Area (Sq. Ft.) I Maximum Height I Comments
Signs of Freestanding
Signs
Identification No more than See 26.5 l0.OS0.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. ft.
No more than See 26.5 l0.OS0.E, n/a Illumination
two (2) wall Sign allotment permitted, unless in a
residential zone. Size
signs per
of sign cannot exceed
frontage six (6) sq. ft. Must
not go above eave
point.
No more than See 26.5 l0.OS0.E, n/a Illumination
~,o (2) Sign allotment permitted, unless in a
residential zone. Size
projecting or of sign cannot exceed
hanging signs six (6) sq. ft. Must
per frontage. not go above eave
point.
Temporary See Exempt Signs,
26.110.030. B
Signs
Planning and Zoning Cotrunission
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 (])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 (I) Sign allotment permitted, unless in a
(freestanding freestanding residential zone. Size
of sign cannot exceed
or wall sign) signs per six (6) sq. ft.
frontage
No more than See 26.51 O.OSO.E, n/a Illumination
two (1) wall Sign allotment permitted, unless in a
residential zone. Size
signs per
of sign cannot exceed
frontage six (6) sq. ft. Must
not go above eave
point.
See Exempt Signs,
Temporary 26.110.030.8
Signs
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 26.510.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.S10.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.OSO.E, allotment. Cutout letter
Sign allotment sign counts as 1/2 total
area
Commercia! Use Signs Continued:
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 1S
P59
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-I Zone
Districts. Does not count
towards 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. ft. for each
business over five businesses
For more than 10 businesses:
7 '/z sq. ft. plus '/< square foot
for each business over ten
businesses, to a max sign area
of 10 sq. ft.
Temporary See Exempt Signs, 26.1 ! 0.030.E
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 26.5]O.OSO.E, (6) sq. ft. Illumination
Sign individual tenant Sign allotment permitted.
(freestan building frontage.
ding,
wall,
Wall sign. 2 per
See n/a Size not to exceed six
projectin individual tenant 26.5 l0.OS0.E, (6) sq. ft. Illumination
g
in
/han building frontage, Sign allotment permitted. Must go
g
g, above eave point.
window,
or
awning projecting or See n/a Size not to exceed six
sign) hanging sign. 2 26.510.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.S10.OS0.E, allotment. Cutout
Sign allotment letters signs count as
1 /2 total area. Not to
exceed 2S% of window
Awning sign. 2 See n/a Counts towards sign
per awning. 26.S10.OS0.E, allotment. Cutout letter
Sign allotment sign counts as 1(2 total
area
Temporary See Exempt Signs,
Signs 26.110.030.8
Unless readopted by City Councu on or oerore hpru ~ ~, ~~~~, ~~~~ r~~~~~~^° ~~ ~--••~••
26.510.130, Procedure for sign permit approval and its Subsections (D)(S)(3)??? shall be null
and void.
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 20
P61
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:
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, § 1)
Section 2:
A public hearing on the Reso]ution was held on the 20`h day of April, 2010, at 4:30 p.m. in
the Sister Cities Room, Aspen City Hall, Aspen Colorado, and where seventy-eight (78)
days prior 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