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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.
Staff Response: The application does not fully meet the requirements of Section 26.412.060,
Commercial Design Standard, as discussed in the review criteria section following. Staff
requires the applicant to re-examine the proposed public amenity space and to provide more
detailed plans for the utility and mechanical equipment on the site. Staff finds this criterion to
not be met.
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 façade of the building may be required
to comply with this Section.
Staff Response: The applicant is proposing an entirely new structure rather than converting an
existing structure. Staff finds this criterion to be not applicable.
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.
Staff Response: Staff recommends the applicant revisit the review criteria for the Mountain
Base Character Area, particularly in regard to access through the site. Staff finds this criterion
to not be met.
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.
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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 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.
Staff Response: Although public amenity is not a requirement of either the existing zone
district (Conservation – C) or the proposed zone district (Ski Area Base – SKI), the
applicant is proposing commercial development and lodge uses, and public amenity is a
requirement for both of these uses. The applicant states that public amenity in the
amount of 25% of the site has been proposed, which is split between Lots 1, 2, and 3.
The proposed public amenity space includes:
• The pedestrian corridor along the northern edge of the proposed development,
connecting to the Skier and Pedestrian Easement through the Mountain Queen
Condominium property;
• The Lift Plaza area and stairway leading to the race finish area;
• Improved access to the winter World Cup finish area;
• Right-of-way improvements to the terminus of S. Aspen St.; and
• The transit stop location at the north side of the property.
Staff requests the applicant re-examine the areas that are being considered as public
amenity to recalculate the amount being proposed. The transit stop at the north side of
the site is located on the pedestrian walkway, which is already being counted as public
amenity. The inclusion of the transit stop with bench and trash area would not be
counted twice towards public amenity space. Furthermore the transit area is being
proposed to mitigate trips to the site, as a requirement of the Traffic Impact Analysis.
Likewise, the skier return area called out above as the Skier and Pedestrian Easement
through the Mountain Queen Condominium property is essential to the function of the
ski mountain and should not be counted towards public amenity space. Lastly, Staff is
unclear as to the specific area of the right-of-way improvements to the terminus of S.
Aspen St. and is requesting clarification to determine if this space would count towards
public amenity for the site.
The Lift Plaza area is a large space on the west side of the building and can be found to
count as public amenity space. The area may allow for a variety of uses, such as outdoor
seating, concerts, outdoor movies, and other vending opportunities for the public, such
as health fairs.
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The public amenity space proposed as the improved access to the winter World Cup
finish area is more limited on its uses outside of the intended winter use. The natural
grade in this area is quite steep and does not lend itself to a variety of use possibilities.
Staff recommends the applicant restudy the on-site public amenity space and work with
Staff to accurately calculate what should be counted as public amenity. Staff finds this
criterion to not be met.
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.
Staff Response: The proposed plaza area provides a couple of different seating areas and
outdoor dining space. The outdoor plaza has plenty of solar access and a view of the
mountain to the south.
The subject site is located at the terminus of South Aspen St. Although the area cannot
be viewed from the street, the plaza does promote activity in this area of the mountain
base. Staff finds this criterion to be met.
3. 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.
Staff Response: The site is proposed in a unique area that does not have walkways or
plazas. The adjacent properties are residential or lodge in use. The proposed plaza area
does not duplicate anything found in this area, and will not detract from the pedestrian
environment. Staff finds this criterion to be met.
4. Any variation to the design and operational standards for public amenity, Subsection
26.575.030.F., promotes the purpose of the public amenity requirements.
Staff Response: The applicant is not requesting any variations to the design and
operational standards for public amenity. Staff recommends a re-examination of what
is being considered by the applicant as public amenity space. Staff finds this criterion to
be not applicable.
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, Solid Waste, of the Municipal
Code, unless otherwise established according to said Chapter.
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Staff Response: The trash/recycling area is proposed to be located at the ground level,
off of the cul-de-sac, adjacent to the garage ramp.
The application has been reviewed by the Environmental Health Department who have
found that the development is subject to the requirements of Lodge development
containing over 60 rooms and food service. The applicant is required to provide 400 sq.
ft. of space to the storage or trash and recycling. Subsection 12.10.0.A(a) of the
Municipal Code states the standard configuration of such a space shall be 20’l x 20’d x
10’h. The applicant is proposing a trash/recycling space that measures 43.6’l x 9.5’d x
10’h. This configuration will require Special Review from the Environmental Health
Dept. prior to approval. Staff finds this criterion to not be met.
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.
Staff Response: Staff is unable to determine the location of the utility area for this
development. Staff finds this criterion to not be met.
3. All utility, trash and recycle service areas shall be co-located and combined to the greatest
extent practical.
Staff Response: Staff is unable to determine the location of the utility area for this
development. Staff finds this criterion to not be met.
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.
Staff Response: This property does not adjoin an alleyway. Staff finds this criterion to
be not applicable.
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 no
less than ninety percent (90%) opaque, unless otherwise varied through Chapter 26.430,
Special Review.
Staff Response: The applicant has indicated this area will be located within the building,
and therefore not visible from the street. The area is proposed to be accessed via
overhead doors. Staff finds this criterion to be met
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 Title, provided that the utility, trash and recycle area is located at grade and
accessible to the alley.
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Staff Response: This property does not have access to an alley. Staff finds this criterion
to be not applicable.
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.
Staff Response: The applicant has not indicated the location of utility pedestals to allow
Staff to review this criterion. Staff finds this criterion to not be met.
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.
Staff Response: This property does not have access to an alleyway. A delivery area is
proposed at the cul-de-sac at the top of S. Aspen St., adjacent to the ramp for the parking
garage. The delivery area appears to allow pull-in access for vehicles. All non-ground
floor commercial spaces have access to an elevator for delivery access. Staff finds this
criterion to be met.
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.
Staff Response: The applicant is proposing four commercial spaces that are in excess of
1,500 sq. ft. and that have access to the outdoors. The lower lobby entry and the living
room (fireplace/lounge area) have been proposed with vestibules. The multi-purpose
space at the ground level of Level 6 has been proposed with three entryways, only one of
which contains a vestibule leading to an outdoor terrace. Finally, the restaurant/bar on
Level 7 has two entryways. The applicant has indicated these entryways will include an
air curtain that meets the International Energy Conservation Code. Staff will require a
plan for these air curtains, as well as plans for the entryways on Level 6 prior to approval.
Staff finds this criterion to not be met.
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.
Staff Response: The applicant has indicated mechanical exhausting including parking
garage ventilation will occur through the roof and will not output to the street. The
applicant has indicated an area on the roof plan dedicated to mechanical equipment, but
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has not provided any concrete plans indicating area of venting, etc. Staff requires a
more detailed plan indicating the location of the venting. Staff finds this criterion to not
be met.
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.
Staff Response: The applicant has indicated mechanical and ventilation equipment will
be accommodated within the structure and will therefore not be visible from the public
right-of-way or pedestrian level. Staff requires a more detailed plan indicating the
location of the venting. Staff finds this criterion to not be met.
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).
Staff Response: The Environmental Health Dept. has indicated the trash/recycling
service area should measure 20’l x 20’d x 10’h. The applicant is proposing a
trash/recycling space that measures 43.6’l x 9.5’d x 10’h. The applicant is requesting
Special Review from Environmental Health to vary the dimensional requirements of the
trash/recycling area.
Environmental Health has advised the applicant that approval of the proposed
configuration and shared space with the receiving area would be contingent upon receipt
of plans that indicate this space is for the exclusive storage of trash and recycling and a
written commitment that the floor and walls would be painted to ensure this space was
reserved for these uses and no other purpose. Staff and Environmental Health require
plans for this area prior to any approval of Special Review can be made. Staff finds this
criterion to not be met.