HomeMy WebLinkAboutChapter 26.412 - Commercial DesignChapter 26.412
COMMERCIAL DESIGN REVIEW
Sections:
See.26.412.010
Purpose
Sec. 26.412.015
Adoption of commercial design guidelines
Sec.26.412.020
Applicability
Sec. 26.412.030
Review authority
Sec. 26.412.040
Review procedure
Sec. 26.412.050
Review criteria
Sec. 26.412.060
Commercial design standards
Sec. 26.412.070
Suggested design elements
Sec. 26.412.080
Amendment of commercial design review approval
26.412.010. Purpose.
The purpose of commercial design review is to preserve and foster proper commercial district scale
and character and to ensure that the City's commercial areas and streetscapes are public places
conducive to walling. The review standards do not prescribe architectural style, but do require that
certain building elements contribute to the streetscape.
The character of the City's commercial district is largely established by the variety of uses and the
relationship between front facades of buildings and the streets they face. By requiring certain
building elements to be incorporated in the design of new and remodeled buildings, storefronts are
more appealing and can contribute to a well -designed, exciting commercial district.
Accommodation of the automobile within commercial districts is important to the consistency and
quality of pedestrian streetscapes. The standards prescribe certain methods of accommodating on -site
parking to achieve environments conducive to walking.
Acknowledgement of the context that has been established by the existing built environment is
important to protecting the uniqueness of the City. To achieve compatibility, certain standards
require building elements to be influenced by adjoining development, views, pedestrian malls or sun
angles.
Finally, along with creating architecturally interesting and lively primary streets, the pedestrian
nature of downtown can be further enhanced by malting alleys an attractive place to walk. Store
entrances and display windows along alleyways are encouraged to augment, while not detracting
from, the pedestrian interest of primary streets.
(Ord. No. 13, 2007, §1)
26.412.015. Adoption of commercial design guidelines.
Pursuant to the powers and authority conferred by the Charter of the City, there is hereby adopted and
incorporated herein by reference as if fully set forth those standards contained in the Commercial,
Lodging and Historic District Design Objectives and Guidelines, as amended by ordinance from time
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to time by the City Council. At least one (1) copy of the aforementioned Guidelines shall be
available for public inspection at the Community Development Department during regular business
hours.
(Ord. No. 13, 2007, §1)
26.412.020. Applicability.
This Chapter applies to all commercial, lodging and mixed -used development with a commercial
component within the City requiring a building permit.
Applications for commercial development may be exempted from the provisions of this Chapter by
the Community Development Director if the development is:
A. An addition or remodel of an existing structure that either does not change the exterior of the
building or, as determined by the Community Development Director, changes the exterior in such a
minimal manner as to not justify this review.
B. A remodel of a structure where proposed alterations affect aspects of the exterior of the
building not addressed by the Commercial Design Standards of Section 26.412.060 below
(Ord. No. 13, 2007, §1)
26.412.030. Review authority.
The Planning and Zoning Commission, in accordance with the procedures, standards and limitations
of this Chapter and of Common Development Review Procedures in Chapter 26.304, shall approve,
approve with conditions or disapprove a land use application for commercial design review pursuant
to Section 26.412.050 below, with the exception of development that is located within the
Commercial Core Historic District, the Main Street Historic District or on a property that is listed on
the Inventory of Historic Landmark Sites and Structures.
When development or a portion thereof is located or proposed to be located within the Commercial
Core Historic District, the Main Sheet Historic District or on a property that is or is under
consideration, by application of the applicant, to be listed on the Inventory of Historic Landmark
Sites and Structures, the commercial design review shall be subject to review by the Historic
Preservation Commission. The Historic Preservation Commission shall approve, approve with
conditions or disapprove the land use application for commercial design review, pursuant to Section
26.412.050 below.
When a proposed development, in the opinion of the Community Development Director and in
consultation with the applicant, has potential for significant community interest due to its location,
magnitude or complexity, the Community Development Director shall require a joint review by the
Planning and Zoning Commission and the Historic Preservation Commission concurrently. In such
situations, the two (2) Commissions shall function as one (1) joint review board pursuant to the
procedures of the Commission with primary jurisdiction.
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Both the Planning and Zoning Commission and the Historic Preservation Commission may from time
to time provide referral comments to each other on a specific application. The reviewing
Commission shall take the comments into consideration but shall not be required to adhere to the
comments in its review of an application.
(Ord. No. 13, 2007, §1)
26.412.040. Review Procedure.
A. Review Process. Commercial design review is divided into a two-step process known as
conceptual design and final design. Pursuant to Section 26.304.020 of this Title, Pre -application
conference, applicants are encouraged, although not required, to meet with a City Planner of the
Community Development Department to clarify the requirements of this Section and to determine if a
project may be exempted from the provisions of this Section.
Consolidation of applications and combining of reviews. The procedures for commercial design
review include a two-step process requiring approval by a Commission of a conceptual design and
then a final design. If a development project involves additional City land use approvals, the
Community Development Director may consolidate or modify the review rocess accord'---'--,
pursuant to Subsection 26 304 060.B of his Title.
If a proposed development, in the opinion of the Community Development Director and in
consultation with the applicant, does not require growth management review and is of limited scope,
the Director may authorize the application to bypass conceptual design review and be reviewed only
for final design. In this circumstance, the City Council shall be promptly notified of the Director's
decision and afforded the opportunity to call-up the decision pursuant to Subsection 26.410.040.13,
Appeals, notice to City Council and call-up.
When the Historic Preservation Commission has purview over commercial design review, an
application for commercial design review shall be consolidated with the appropriate review process
as required by Section 26.415.070, Development Involving Designated Property. When an
application is considered consolidated and a conflict between this Chapter and Chapter 26.415,
Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or
Development in an "H," Historic Overlay District, arises, the regulations of Chapter 26.415 shall
supersede.
1. Conceptual design application. An application for a conceptual design shall include the
following:
a) The general application information required in Section 26.304.030.
b) A site plan and survey showing property boundaries, the location and orientation of
existing and proposed improvements and predominant site characteristics.
c) Scaled drawings of all proposed structures or additions depicting their form, including
their height, massing, scale, proportions and roof plan; and the primary features of all
elevations.
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d) Preliminary selection of primary building materials to be used in construction represented
by samples and/or photographs.
e) Supplemental materials to provide a visual description of the context surrounding the
property, including at least one (1) of the following: diagrams, maps, photographs,
models or streetscape elevations. Staff may request specific additional materials,
including 3-D computer modeling.
f) Verification that the proposal complies with applicable sections of the Land Use Code and
Commercial and Lodging Design Objectives and Guidelines.
2. Conceptual design review. The procedures for the review of conceptual design are as follows:
a) The Community Development Director shall review the application materials submitted
for Conceptual Design approval. If they are determined to be complete, the applicant will
be notified in writing of this, and a public hearing before the Planning and Zoning
Commission or Historic Preservation Commission shall be scheduled. Notice of the
hearing shall be provided pursuant to Subparagraphs 26.304.060.E.3.a., b. and c.
b) Staff shall review the submittal material and prepare a report that analyzes the project's
conformance with the applicable Commercial, Lodging and Historic District. Design
Objectives and Guidelines and other applicable Land Use Code sections. This report will
be transmitted to the reviewing Commission with relevant information on the proposed
project and a recommendation to approve, disapprove or approve with conditions and the
reasons for the recommendation. The Commission will review the application, the staff
analysis report and the evidence presented at the hearing to determine the project's
conformance with the City's Conunercial, Lodging and Historic District Design
Objectives and Guidelines.
c) The Commission may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to approve or
deny.
d) A resolution of the Commission action will be forwarded to the City Council in
accordance with Subsection 26.412.040.E, (Appeals, notice to City Council and call-up),
and no hearing for final design application will be conducted until the thirty -day "call-up"
period by City Council has expired.
3. Conceptual design approval. The effect of approval of a conceptual design is as follows:
a) Approval of a conceptual design shall not constitute final approval of commercial design
review. Such authorization shall only constitute authorization to proceed with the
preparation of an application for a final design.
b) Approval of a conceptual design shall
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its review of the final design unless agreed to by the
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c) Unless otherwise specified in the resolution granting conceptual design approval, a
development application for a final design shall be submitted within one (1) year of the
date of approval of a conceptual design. Failure to file such an application within this
time period shall render null and void the approval of the conceptual development plan.
The Community Development Director may, at his or her sole discretion and for good
cause shown, grant a one-time extension of the expiration date for a conceptual design
approval for up to twelve (12) months, provided that a written request for extension is
received no less than thirty (30) days prior to the expiration date.
4. Final design application. An application for a final development plan shall include:
a) The general application information required in Section 26.304.030 of this Title.
b) Final drawings of all proposed stiuctures and/or additions included as part of the
development at'/4" = 1.0' scale.
c) An accurate representation of all major building materials to be used in the development,
depicted through samples or photographs.
d) A statement, including narrative text or graphics, indicating how the final design conforms
to representations made or stipulations placed as a condition of the approval of the
conceptual design. Staff may request specific additional materials, including 3-D
computer modeling.
5. The procedures for the review of final design are as follows:
a) The Community Development Director shall review the application materials submitted
for final development plan approval. If they are determined to be complete, the applicant
will be notified in writing of this, and a public hearing before the Planning and Zoning
Commission or Historic Preservation Commission shall be scheduled. Notice of the
hearing shall be provided pursuant to subparagraphs 26.304.060.E.3.a., b. and c.
b) Staff shall review the submittal material and prepare a report that analyzes the project's
conformance with the applicable Commercial, Lodging and Historic
District Design Objectives and Guidelines and other applicable Land Use Code sections.
This report will be transmitted to the Commission with relevant information on the
proposed project and a recommendation to approve, disapprove or approve with
conditions and the reasons for the recommendation. The Commission will review the
application, the staff analysis report and the evidence presented at the hearing to
determine the project's conformance with the City's Commercial, Lodging and Historic
District Design Objectives and Guidelines.
c) The Commission may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to approve or
deny.
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d) Before an application for a building permit can be submitted, a final set of plans reflecting
any or all required changes by the Commission must be on file with the City. Any
conditions of approval or outstanding issues which must be addressed in the field or at a
later time shall be noted on the plans.
B. Appeals, Notice to City Council and Call-up.
1. A eals. An applicant aggrieved by a determination made by the Community Development
Director, the Planning and Zoning Commission or the Historic Preservation Commission, as
applicable, pursuant to this Chapter, may appeal the decision to the City Council, pursuant to
the procedures and standards of Chapter 26.316, Appeals.
2. Notice to City Council. Following the adoption of a resolution approving or approving with
conditions a development application for Conceptual Design, the City Council shall be
promptly notified of the action to allow the City Council an opportunity to avail itself of the
call-up procedure set forth below. Notification shall consist of a description in written and
graphic form of the project with a copy of the approving document. The notification shall be
placed on the agenda of a regular City Council meeting within 30 days of the approval, or as
soon thereafter as is practical under the circurnstanees.
Call-up. Following the adoption of a resolution approving or approving with conditions a
development application for Commercial Design Review, the City Council may order call-up
of the action within fifteen (15) days of notification, as outlined in 26.412.040(B)(2).
Consequently, applications for Final Design shall not be accepted by the City and no
associated permits shall be issued during the notice and call-up period. If City Council
exercises this call-up provision, no applications for Final Design shall be accepted by the City
and no associated permits shall be issued until the City Council takes action as described in
subsection 26.412.040.B.4. If the City Council does not call up the action within the call-up
period, the resolution shall be the final decision on the matter.
4. City Council action on call-up. The City Council shall, at a public meeting, consider the
application de novo. The City Council may, at its discretion, consider evidence included in the
record established by the Historic Preservation Commission or. Planning and Zoning
Commission, as applicable, or supplement the record with additional evidence or testimony as
necessary. The City Council shall conduct its review of the application under the same criteria
applicable to the reviewing body. The City Council's action shall be limited to:
a) Accepting the decision.
b) Remanding the application to the applicable Commission with direction from City
Council for rehearing and reconsideration.
c) Continuing the meeting to request additional evidence, analysis, or testimony as necessary
to conclude the call up review.
5. Additional Actions. The rehearing and reconsideration of the application by the applicable
Commission shall be duly noticed pursuant to Section 26.304.060.E Public Notice and shall
be limited to the topics listed in the direction from Council. The decision made by the
applicable Commission is final and concludes the call up review. Substantive changes, as
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defined in Section 26.412.080 Amendment of Commercial Design Review Approval, made to
the application during the call up review and outside the topics listed in the remand from
Council shall be reviewed pursuant to Section 26.412.080 and may require a new call up
notice to City Council. The call up review shall be limited only to the changes approved in the
Amendment application.
(Ord. No. 13, 2007, §1; Ord. No. 3-2012, §21; Ord. No. 36-2013, §10)
26.412.050. Review Criteria.
An application for commercial design review may be approved, approved with conditions or denied
based on conformance with the following criteria:
A. The proposed development meets the requirements of Section 26.412.060, Commercial design
standards, or any deviation from the standards provides a more appealing pattern of development
considering the context in which the development is proposed and the purpose of the particular
standard. Unique site constraints can justify a deviation from the standards. Compliance with
Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation
from the standards.
B. For proposed development converting an existing structure to commercial use, the proposed
development meets the requirements of Section 26.412.060, Commercial design standards, to the
greatest extent practical. Changes to the fagade of the building may be required to comply with this
Section.
C. The application shall comply with the guidelines within the Commercial, Lodging and
Historic District Design Objectives and .Guidelines as determined by the appropriate Commission.
The guidelines set forth design review criteria, standards and guidelines that are to be used in making
determinations of appropriateness. The City shall determine when a proposal is in compliance with
the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively
comprehensive, there may be circumstances where alternative ways of meeting the intent of the
policy objectives might be identified. In such a case, the City must determine that the intent of the
guideline is still met, albeit through alternative means.
(Ord. No. 13, 2007, §1)
26.412.060. Commercial Design Standards.
The following design standards, in addition to the commercial, lodging and historic district design
objectives and guidelines, shall apply to commercial, lodging and mixed -use development:
A. Public Amenity Space. Creative, well -designed public places and settings contribute to an
attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and
entertainment atmosphere. Public amenity can take the form of physical or_operational
improvements to public rights -of -way or private property within commercial areas.
On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the
following standards shall apply to the provision of such amenity. Acceptance of the method or
combination of methods of providing the public amenity shall be at the option of the Planning and
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Zoning Commission or the Historic Preservation Commission, as applicable, according to the
procedures herein and according to the following standards:
1. The dimensions of any proposed on -site public amenity sufficiently allow for a variety of uses
and activities to occur, considering any expected tenant and future potential tenants and uses.
2. The public amenity contributes to an active street vitality. To accomplish this characteristic,
public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view
orientation and simple at -grade relationships with adjacent rights -of --way are encouraged.
3. The public amenity and the design and operating characteristics of adjacent structures, rights -
of -way and uses contribute to an inviting pedestrian environment.
4. The proposed amenity does not duplicate existing pedestrian space created by malls,
sidewalks or adjacent property, or such duplication does not detract from the pedestrian
environment.
5. Any variation to the design and operational standards for public amenity, Subsection
26.575.030.F., promotes the purpose of the public amenity requirements.
B. Utility, delivery and trash service provision. When the necessary logistical elements of a
commercial building are well designed, the building can better contribute to the overall success of the
district. Poor logistics of one (1) building can detract from the quality of surrounding properties.
Efficient delivery and trash areas are important to the function of alleyways. The following standards
shall apply:
1. A trash and recycle service area shall be accommodated on all projects and shall meet the
minimum size and location standards established by Title 12 �S2Ud_Wa. t, of the Municipal
Code, unless otherwise established according to said Chapter.
2. A utility area shall be accommodated on all projects and shall meet the minimum standards
established by Title 25, Utilities, of the Municipal Code, the City's Electric Distribution
Standards, and the National Electric Code, unless otherwise established according to said
Codes.
3. All utility, trash and recycle service areas shall be co -located and combined to the greatest
extent practical.
4. If the property adjoins an alleyway, the utility, trash and recycle service areas shall be along
and accessed from the alleyway, unless otherwise approved through Title 12, Solid Waste, of
the Municipal Code, or through Chapter 26.430, Special Review.
5. All utility, trash and recycle service areas shall be fenced so as not to be visible from the street,
unless they are entirely located on an alleyway or otherwise approved though Title 12, Solid
Waste, of the Municipal Code, or through Chapter 26.430, Special Review. All fences shall
be six (6) feet high from grade, shall be of sound construction, and shall be
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no less than ninety percent (90%) opaque, unless otherwise varied through Chapter 26.430,
Special Review.
6. Whenever utility, trash, and recycle service areas are required to be provided abutting an alley,
other portions of a building may extend to the rear property line if otherwise allowed by this
I Title, provided that the utility, trash and recycle area is located at grade and accessible to the
alley.
7. All utility service pedestals shall be located on private property. Easements shall allow for
service provider access. Encroachments into the alleyway shall be minimized to the extent
practical and should only be necessary when existing site conditions, such as an historic
resource, dictate such encroachment. All encroachments shall be properly licensed.
8. All commercial and lodging buildings shall provide a delivery area. The delivery area shall be
located along the alley if an alley adjoins the property. The delivery area shall be accessible
to all tenant spaces of the building in a manner that meets the requirements of the
International Building Code Chapters 10 and 11 as adopted and amended by the City of
Aspen. All non -ground floor commercial spaces shall have access to an elevator or
dumbwaiter for delivery access. Alleyways (vehicular rights -of -way) may not be utilized as
pathways (pedestrian rights -of -way) to meet the requirements of the International Building
Code. Any truck loading facility shall be an integral component of the building. Shared
facilities are highly encouraged.
9. All commercial tenant spaces located on the ground floor in excess of 1,500 square feet shall
contain a vestibule (double set of doors) developed internal to the structure to meet the
requirements of the International Energy Conservation Code as adopted and amended by the
City of Aspen, or an air curtain.
10. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof.
The exhaust equipment shall be located as far away from the street as practical.
11. Mechanical ventilation equipment and ducting shall be accommodated internally within the
building and/or located on the roof, minimized to the extent practical and recessed behind a
parapet wall or other screening device such that it shall not be visible from a public right-of-
way at a pedestrian level. New buildings shall reserve adequate space for future ventilation
and ducting needs.
12. The trash and recycling service area requirements may be varied pursuant to Title 12, Solid
Waste, of the Municipal Code. All other requirements of this subsection may be varied by
special review (see Chapter 26.430.040.E, Utility and delivery service area provisions).
(Ord. No. 13, 2007, §1; Ord. No. 13, 2013, §4)
26.412.070. Suggested design elements.
The following guidelines are building practices suggested by the City, but are not mandatory. In
many circumstances, compliance with these practices may not produce the most desired
development, and project designers should use their best judgment.
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A. Signage. Signage should be integrated with the building to the extent possible. Integrated
signage areas already meeting the City's requirements for size, etc., may minimize new tenant
signage compliance issues. Common tenant listing areas also serves a public way -finding function,
especially for office uses. Signs should not block design details of the building on which they are
placed. Compliance with the City's sign code is mandatory
B. Display windows. Display windows provide pedestrian interest and can contribute to the
success of the retail space. Providing windows that reveal inside activity of the store can provide this
pedestrian interest.
C. Lighting. Well -lit (meaning quality, not quantity) display windows along the first floor
create pedestrian interest after business hours. Dynamic lighting methods designed to catch attention
can cheapen the quality of the downtown retail environment. Illuminating certain important building
elements can provide an interesting effect. Significant light trespass should be avoided. Illuminating
the entire building should be avoided. Compliance with the City's Outdoor lighting code, Section
26.575.150 of this Title, is mandatory.
(Ord. No. 13, 2007, §1)
26.412.080. Amendment of commercial design review approval.
A. Insubstantial amendment.
Planning and Zoning Commission approval. An insubstantial amendment to a commercial
design review approval granted by the Planning and Zoning Commission may be authorized
by the Community Development Director if:
a) The change is in conformance with the design standards, Section 26.412.060, the change
represents a minimal effect on the aesthetics of the proposed development,or the change is
consistent with representations made during the original review concerning potential
changes of the development proposal considered appropriate by the decision -making
body; and
b) The change requires no other land use action requiring review by the Planning and Zoning
Commission.
2. Historic Preservation Commission approval. An insubstantial amendment to a commercial
design review approval granted by the Historic Preservation Commission shall comply with
the standards outlined in Paragraph 26.415.070.E.I., Insubstantial amendments.
B. Substantial amendments. A substantial amendment to a commercial design review approval
granted shall be reviewed pursuant to the standards and procedures of this Section.
(Ord. No. 13, 2007, §1)
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