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HomeMy WebLinkAboutagenda.apz.20030805 AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, AUGUST 5, 2003 4:30 PM SISTER CITIES ROOM I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTERESTS IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. MISCELLANEOUS LAND USE CODE AMENDMENTS, Scott Woodford, continued from 7/15 B. MAROON CREEK CLUB PUD/SPA AMENDMENT, CHANGE- IN-USE, James Lindt C. ASPEN HIGHLANDS VILLAGE PUD AMENDMENT REGARDING SIGNAGE, Sarah Oates V. BOARD REPORTS VI. ADJOURN AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, AUGUST 5, 2003 4:30 PM SISTER CITIES ROOM I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTERESTS IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. MISCELLANEOUS LAND USE CODE AMENDMENTS, Scott Woodford, continued from 7/15 B. MAROON CREEK CLUB PUD/SPA AMENDMENT, CHANGE - IN -USE, James Lindt C. ASPEN HIGHLANDS VILLAGE PUD AMENDMENT REGARDING SIGNAGE, Sarah Oates VI. ADJOURN a%As *Z6, MEMORANDUM TO: The Aspen Planning & Zoning Commission THRU: Joyce Allgaier, Deputy Director of Community Development FROM: Scott Woodford, City PlanneO RE: LAND USE CODE AMENDMENTS, PUBLIC HEARING; AMENDMENTS TO THE OFFICIAL LAND USE CODE; RESOLUTION NO., SERIES 2003 DATE: August 5, 2003 UPDATE SINCE LAST MEETING: As you will recall,. the P&Z reviewed the majority of the code amendments at the July 1, 2003 meeting and agreed with the majority of the proposed amendments. There. were, however, a few amendments of which- the P&Z wanted further examination, as follows: Variance Criteria for Residential Design Standards (Section 5) — Some members of P&Z were uncomfortable with the proposed review criteria language for variances, citing that it was too vague. Especially concerning was the concept of "context" and how broadly it could be interpreted. Staffs understanding of P&Z's concern was that the P&Z was looking for additional guidance on what context means so that there would be greater consistency and legal defensibility in their decisions. In response to the concerns, staff has added language that would give the reviewing body a working definition of context, which would hopefully provide the guidance that they are looking for, yet leave room for the body to make decisions on a case by case basis (See Section 5 of the staff report for specific wording.,., and explanation). First Story Element — The P&Z wanted to allow for the possibility of walk -out access on top of the first story element, perhaps for only a certain percentage of the area, whereas staff had proposed that such access not be allowed. Staff has clarified the proposed wording of this section (See Section 8 of the staff report for specific wording and explanation). Lighting Ordinance— In this case, the P&Z took issue with the staffs proposal of allowing shielded lights on residential and commercial properties above 12' without gaining Special Review approval from P&Z. In addition, there was discussion at the meeting about possibly revising the entire lighting ordinance so that it better accomplishes its intent, which is to mitigate the impacts of outdoor lighting and to LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1 preserve a dark sky. However, as revising the entire lighting ordinance is a significant undertaking, requiring extensive time and probably a lighting consultant, it will have to be a future work program item. Staff did, though, re-examine the part of the proposed lighting ordinance amendment relating to do with the height of lighting (See Section 16 & 17 of the staff report for specific wording and explanation). ****Additionally, staff has removed the code amendment restricting the submission of two applications on one property (previously shown in Section 4) at the same time due to the need to have this amendment codified prior to experiencing another situation in the near future. This amendment is being handled separately. REQUEST SUMMARY: The Community Development Department proposes amendments to Section 26 of the City of Aspen Municipal Code (hereinafter'call the "Land Use Code"). REVIEW PROCESS: The Department requests the following land use approval for the proposal described above: 1) Amendments to the Land Use Code; According to Section 26.310.020, a public hearing before Planning and Zoning Commission and City Council are required for any proposed amendments to the Land Use Code. Final Review Authority: City Council BACKGROUND/EXISTING CONDITIONS: The following proposed code amendments are an accumulation of changes that staff has been compiling over the last year or so. Most changes are relatively minor and are, simply, clarifications or "clean up" of code language that staff, as well as Planning' and Zoning Commission and City Council, have found to be problematic in the past for one reason or another. None of the proposed amendments contemplate any major shift in policy. PREVIOUS ACTIONS: None. STAFF COMMENTS: AMENDMENTS TO THE LAND USE CODE; Staff finds that the proposed Amendments to the Land ' Use Code comply with the applicable review criteria (see Exhibit A for Staff Findings). The following is a list of the proposed code amendments, the issue necessitating the amendment, and the proposed solution (also see the resolution for proposed wording without strikeout and underline — the Section numbers below correspond to the Section numbers in the resolution): LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2 SECTION I - DEFINITIONS: Staff proposes adding definitions of antenna, monopole, whip antennae, and panel antennae '(as shown below),. which are all terms used in the Wireless Telecommunications section of the Code. Definitions of these terms .would assist in the review of wireless telecommunication proposals and help staff in better interpreting the wireless telecommunication ordinance. Antennae: Any structure, including but not limited to a monopole, tower, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purpose of receiving or transmitting communication to or from another antenna, device or orbiting satellite, as well as supporting equipment necessary to install or mount the antenna. Monopole: A wireless communication facility which consists of a mono -polar structure, erected to supportwireless telecommunication antennas and connecting appurtenances. Antenna, Whip: A flexible rod antenna supported on a base insulator. Antenna, Panel: A flat surface antenna used to achieve. transmission or reception from a specific direction. SECTION 2 — DESIGN REVIEW APPEAL COMMISSION: Staff proposes disbanding the Design Review Appeal Commission (DRAC) , as a separate board. According to the Code, the DRAC is the board that is responsible for review of variances to Residential Design Standards. The entire Section 26.222 reference to the DRAC is proposed to be removed from the Code because most applicants seek variances to the Residential Design Standards in conjunction with other land use approval requests and choose to consolidate them in front of either the Historic Preservation Commission (HPC) or the Planning and Zoning Commission (P&Z). Staff feels that this is a more efficient process and .:allows the reviewing entity to evaluate the entire package of the development proposal. Because of this, staff proposes that the responsibility for. reviewing variances to the Residential Design Standards be either HPC or P&Z, depending on which board is reviewing other land use requests. In the event that both boards are involved in the review, the applicant may choose which board they prefer to hear their case. SECTION 3 — COMMON DEVELOPMENT REVIEW PROCEDURES (RE -SUBMITTING DENIED APPLICATIONS): Staff proposes language below that would restrict the ability of an applicant to quickly resubmit an identical, or a very similar application, that has been recently denied by the City because this practice often results in unnecessary duplication of time and effort by the City staff, City Boards, and the public. According to the new provision, an applicant would have to wait at least one year until resubmitting the same project, however, it would also allow an applicant to resubmit an application earlier than that if the Community Development Director (CDD) feels that the applicant has adequately addressed the stated reasons for denial or if the project has been sufficiently enough changed from the denied project that it may qualify as a new application. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3 (Section 26.304.060) F. Re -submittal of a previously denied application. After a final decision that results in the denial of a development application by the appropriate final ap rp oving body, an applicant wishing to re -submit the same plan for approval: I. May not submit the same development application, or one substantially the same, as determined by the Community Development Director, for a period of one (1) year from the date of the most recent ruling of denial; or 2. May submit a revised application that adequately addresses all of the stated reasons for denial. The Community Development Director shall determine whether a.) a new submittal adequately addresses all of the stated reasons for denial and can proceed with a submittal; or, b.) a new submittal is sufficiently enough altered from the project denied by City Council that it qualifies as a new application for a different project. In either scenario, such application shall be treated as a new application for purposes of review and scheduling. SECTION 4 — AMENDMENTS TO THE OFFICIAL ZONE DISTRICT MAPS: A provision is proposed to clarify that an ordinance establishing or changing a zone district is the final authority in situations when there are disputes about the correct zoning of a property. For example, if a property owner feels their property is zoned one way and the zoning map indicates it is another zoning, then the official method to determine the correct zoning is to consult the original ordinance. The proposed language follows: 26.310M85 Disputes about zoning of a property. In cases where there is a dispute as to the correct zoning of a property, the ordinance approving or establishing the zoning shall be the final authority and not the official zone district map. SECTION 5 — RESIDENTIAL DESIGN STANDARDS (REVISIONS TO THE REVIEW CRITERIA): This Section will be changed to represent that the P&Z or HPC are the appropriate bodies for review of variances to the Residential Design Standards and removal of reference to the Design Review Appeal Commission, which would cease to exist as a city board. In addition, staff has proposed changing the review criteria for a variance to the Residential Design Standards, which both staff and the P&Z have felt have been difficult to administer in the past. The old review criteria is: (1)' yield greater compliance with the goals of the Aspen Area Community Plan, and (2) more effectively address ' the issue or problem a given standard or provision responds to, or be clearly) necessary for reasons of fairness related to unusual site specific constraints. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4 Instead of requiring `that a variance prove that it is compliant with the Aspen Area Community Plan (AACP) and. that it more effectively addresses the issue or problem a given. standards responds to, as is the case now, staff has added new criteria (as worded below). Changes Since the Last Meeting: Staff added additional language in (L) below to clarify what the term context may mean in relation to reviewing variances. In addition, staff has removed the word "more" in (L) below so that the'variance, if approved, results in an appropriate pattern or design, instead of requiring it to be "more appropriate". C. Variances. Variances from the. Residential Design .Standards, Section 26.410.040, may be granted by the in Ghaptef 26 Planning and Zoning Commission, Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other, requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires an exemption from the Residential Design Standards shall demonstrate, and the deciding board shall find that the exemption, if granted, would: 1. Provides an mefe appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the.particular. . standard. In evaluating the context as it is used in the criteria, the reviewingboard oard ma._y consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted.; or, 2. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. SECTION 6 — RESIDENTIAL DESIGN STANDARDS (PARKING, GARAGES AND CARPORTS ACCESSED FROM AN ALLEY OR PRIVATE ROAD):: For some odd reason, the word "waffle" is codified in this section when it should be the word "traffic". Staff proposes changing it to reflect the true intention. Second, staff has added the provision below allowing the use of double stall doors for garages that are located off of an alley or private road, as long as they are designed to appear like single stall doors (i.e. with a separating, differently shaded or textured material in the center dividing the door into visually appearing separated stalls). Currently, the Code requires single stall doors only for garages accessed in this manner. The proposed code language: LAND USE CODE AMENDMENTS STAFF REPORT PAGE 5 PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile waffle traffic by placing parking, garages, and carports on alleys, or to'minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. 1. For all residential uses, parking, garages, and carports shall be accessed from an alley or private road if one exists. The garage doors shall be single stall doors, or double stall doors designed to appear like single stall doors. SECTION 7 — RESIDENTIAL DESIGN STANDARDS (PARKING, GARAGES AND CARPORTS THAT DO NOT HAVE ACCESS FROM AN ALLEY): A change is proposed that will allow double stall garage doors that are designed to appear as single stall garage doors for garages that are not visible from a public street (see language below). For garages that are accessed via a private driveway and not a private road or alley, the Code requires that , the garage doors be single stall only. Recently, the city had a request by a homeowner in the Cemetery Lane area. who wished to have a double stall garage door for his garage that was accessed via a private driveway. Since it was clear that the garage was not visible from the street, a variance to this Residential Design Standard was sought and approved by the P&Z. Staff feels that it is appropriate to allow a double stall garage doors for garages that are not visible from the public street as long as they are appropriately designed to appear that they are single stall doors. If a proposed garage is visible from any street (public or private), then the requirement will still be that the garage doors are single stall only. f. The garage doors shall be single stall doors, unless the garage doors are not visible from any street, in which case the garage doors may be double stall doors that are designed to appear like single stall doors. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 6 SECTION 8 RESIDENTIAL DESIGN STANDARDS (ONE-STORY ELEMENT): A modification to this design standard is recommended in order to help better achieve the objective of the requirement, which is to help break up the .mass of a structure. In addition- to proposing that the name be changed to "First -Story Element" to more accurately describe the intent of the standard, staff proposes that the words "roof' in porch roof and "architectural projection' be stricken from the standard as we believe that those elements, by themselves, .do not achieve the intent of the standard. Staff believes that the intent of the standard is to have a one-story portion of the structure extend ,forward towards the street in order to help reduce the mass of a structure and to address the street better. Consider the recent proposal for the Modernist style house in the Top of Mill Subdivision that initially requested a variance to this standard with a cantilevered, porch roof. The applicant later widened the porch roof to technically meet the standard (because the standard in the Code specifically stated that a porch roof could qualify as a qualifying element), but did not, in staff s opinion achieve the intent of the standard. To deter this possibility in the future, staff has re -written the standard so that it better implies that the first story element be part of the building or a porch (which would require a roof per the Code definition of porch) and not offer small porch roofs, or architectural projections as an option to meet the standard. In addition, a minimum depth of 6' has been added so that any first story element is sufficiently projected from the front fagade and so we do not end up with something that is only a 6" projection from the front fagade (as an example) and which would have no appreciable impact in reducing the building mass. Changes Since the Last Meeting At the July 1, 2003 meeting, the P&Z raised concern with the proposed language of this .ordinance precluding the possibility of walk- out access on top of a first story element, citing some existing examples within the community where there was access on top of such elements that worked well,, In response, staff went out and looked at houses in town that incorporated these elements into their design and took photos. Based on that site visit, staff concluded that it is important from a massing perspective to continue precluding accessible space (decks, etc.) on top of the first story element only. We feel that the first story element should be what it is called a first story element — and not have design features that begin to constitute a second story (i.e. deck railing, outdoor furniture, umbrellas, etc.). However, the first story element is only required to be 20% of the total front fagade, which leaves an owner the remaining 80% of the. front fagade with which to have decks over a first story (See Exhibit B for photo examples of what would and wouldn't comply with the new language). 2. First story element. All residential buildings shall have a first -story street -facing element the width 6f which comprises at" least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first - story element is projecting from. A first -story element may be a porch reed , or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, LAND USE CODE AMENDMENTS STAFF REPORT PAGE 7 this shall not preclude having accessible space over remaining first story elements on the front facade. SECTION 9 — DEVELOPMENT OF HISTORIC LANDMARK SITE AND STRUCTURES (FAR BONUS): The proposed additional language below is merely a clarification that an FAR bonus may be awarded by the HPC to a project with merit in protecting a historic resource, at time of Major Development or with a lot split review. Currently, the Code does not state that it is allowed with a lot split review. 3. The decision to grant a Floor Area Bonus for Major Development projects will occur as part of the approval of a Conceptual Development Plan, pursuant to Section 26.415.070(D). The Floor Area Bonus may be approved as part of a Historic Landmark Lot Split review. No development application that includes a request for a Floor Area Bonus may be submitted until after the applicant has met with the HPC in a work session to discuss how the proposal might meet the bonus considerations. SECTION 10 — DEVELOPMENT OF HISTORIC LANDMARK SITE AND STRUCTURES (APPEALS OF HPC DECISIONS): In cases when there is an appeal of an HPC decision to City Council, the current code provision requires that the Chair, Vice -Chair, or other member of HPC is present at. the appeal hearing. Staff has removed the provision requiring their presence at the appeal hearing because the meeting is not a true public hearing and they would not be able to speak even if they wished to, so it seems pointless to require their presence (the Council reviews the existing record in these appeal cases). Members of HPC may attend the meeting out of interest. D. City Council action on appeal or call up. The City Council shall consider, the application on the record, established before the HPC. The City Council shall affirm the decision of the HPC unless there is a finding there was a denial of due process, or the HPC has exceeded its jurisdiction or abused its discretion. The City Council shall take such action as is deemed necessary to remedy said situation, including, but not limited to: 1. Reversing the decision. 2. Altering the conditions of approval. 3. Remanding the application to the HPC for rehearing. SECTION 11 — SPECIAL REVIEW: Staff proposes altering the rules related to the allowed hei ht of wireless telecommunication facilities and equipment because staff feels that the current wording is confusing. The general philosophy behind the change is that LAND USE CODE AMENDMENTS STAFF REPORT PAGE 8 there will be a set height limit for wireless antennae both if it is attached to a structure or not, which would be unchanged from what the Code currently allows. If it is on a building, then an antennae may rise up 5' (for a panel antenna). or 10' higher (for a whip antenna) than the highest portion of the roof. Both types of antenna may rise up higher than those dimensions if the CDD feels that it is adequately screened. If the CDD feels that it cannot be adequately screened, then the applicant must request approval for the additional height through Special Review in front of the P&Z (Sections,'13, 15, and 16 below also pertain to the above proposed change to height review). In the applicability section of Special Review, there is a list of what can be reviewed by Special Review. In this Section, staff has added a line that allows requests for antennae higher than what the Code allows to be reviewed as a Special Review. The Special Review section will also have criteria for the P&Z in reviewing those taller structures (see Section 13). 26.430.030 Applicability. Special review shall apply to all development. in the City of Aspen designated for special review by the following Chapters or. Sections of this Title: • Dimensional requirements (Chapter 26.710 - Zone Districts), • Replacement of non -conforming structures (Chapter 26.312). • Reduction of open space requirements in CC zone district (Section 575.030(B)), • . Off-street parking requirements (Section 26.515.040), • Reductions in the dimensions of utility/trash service areas (Section 26.575.060)5 • Subdivision standards (Section 26.480.050), • Accessory Dwelling Unit Design Standards (Section 26.520), • Wireless Telecommunications facilities and/or equipment (Section 26.575.130) SECTION 12 — SPECIAL REVIEVP: Section 13 provides criteria to the P&Z for reviewing requests for additional height for antennae over what the Code allows. The criteria used for review is proposed to be the criteria that exists in the Wireless Telecommunications section of the Code found in Section 26.575.130 (F) and which includes criteria such as setbacks, architectural compatibility, compatibility with the natural environment, screening, and lighting and signage. Staff believes that this criteria is sufficient to allow the proper analysis by P&Z of whether taller antennae than allowed is compatible and screened well enough. I. Wireless Telecommunications facilities and/or eauiDment. Whenever a special review is conducted to appeal the decision of the Community Development Director regarding a proposed wireless telecommunications service facility or equipment or to determine a proposed increase in the allowed height of a wireless telecommunications facility and/or equipment, it shall be considered in LAND USE CODE AMENDMENTS STAFF REPORT PAGE 9 accordance with the standards set forth in Section 26.575.130(C)(6) (Wireless Telecommunication services facilities and equipment) , . SECTION 13 — STREAM MARGIN REVIEW: In a previous code amendment, a sentence in the Stream Margin Review section was printed twice. This amendment strikes one of those sentences. C. Stream Margin Review Standards. No development shall be permitted within the Stream Margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: set feilhbelew! SECTION 14 — WIRELESS TELECOMMUNICATIONS: This section adds language to the Code requiring Special Review as the proper method to request a variance from the review standards for height of wireless telecommunications facilities. Previously, it was done by a conditional use. All such requests will be reviewed by P&Z, unless the project is located on an historic property, in which case HPC would review the request. C. Procedure. I. General Pursuant to Section 26.304.020, the applicant shall conduct a pre -application conference with staff of the Community Development Department. The planner..shall then prepare a pre -application summary describing the submission requirements and any other pertinent land use material, the fees associated with the review(s), and the review process in general. 2. Administrative Review. After the pre -application summary is received by the applicant, said applicant shall prepare an application for review and approval by staff and the Community Development Director, respectively. In order to proceed with additional land use reviews or obtain a Development Order, the Community Development Director shall find the submitted development application consistent with the provisions, requirements and standards of this Chapter. 3. Appeal of Director's Determination. The Community Development Director may apply reasonable conditions to the approval as deemed necessary to insure confonnance with applicable review criteria in Section 26.575.130 (F.). If the Community Development Director determines that the proposed wireless telecommunication services facilities and equipment does not comply with the review criteria and denies the application, or the applicant does not LAND USE CODE AMENDMENTS STAFF REPORT PAGE 10 agree to the conditions of approval determined by the Community Development Director, the applicant may apply for eenditienal-use Special Review (Section 26.430) resew by the Planning and Zoning Commission or, if applicable, by the City's Historic Preservation Commission and such application must be, made within fifteen (15) calendar days of the day on which the Community Development Director's decision is rendered. All appeals shall require public hearings, and shall be noticed by the applicant in accordance with Section 26.304.060(E)(3)(a), (b), and (c) of the Municipal Code. 4. Historic Preservation Commission Review. Proposals for the location of wireless telecommunication services facilities or equipment on any historic site or structure, or within any historic district shall be reviewed by the City's Historic Preservation Commission (HPC). Review of applications for wireless telecommunication services facilities and/or equipment by the HPC shall replace the need for review by the Community Development Director. Likewise, if the Historic Preservation Commission determines that the proposed wireless telecommunication services facilities and equipment does not comply with the review criteria and denies the application, or the applicant does not agree to the conditions of approval determined by the Historic Preservation Commission, the applicant may appeal the decision to the City Council and such appeal must be filed within fifteen (15) calendar days of the day on which the Historic Preservation Commission's decision is rendered. All appeals shall require public hearings, and shall be noticed by the applicant in accordance with Section 26.304.060(E)(3)(a), (b), and (c) of the Municipal Code. 5. Building Permit A building permit application cannot be filed unless and until final land use approval has been granted and a Development Order has been issued. When applying for building permit(s), the applicant shall submit a signed letter acknowledging receipt of the decision granting land use approval and his/her agreement with all conditions of approval, as well as a copy of the signed document granting the land use approval for the subject building permit application. 6. Special Review. An application requesting a variance from the review standards for height of wireless telecommunications service facilities and/or equipment, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304. The Special Review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Section 26.304.060(E)Q) b and c). Review is by the Planning and Zoning Commission. If the property is a Historic Landmark, on the Inventory of Historic Sites and Structures, or within a Historic Overlay District, and the application has been authorized for consolidation pursuant to Section 26.304, the Historic Preservation Commission shall consider the Special Review. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1 I Such Special Review may be approved, approved with conditions, or denied based on conformance with the following criteria: 1. Conformance with the applicable Review Standards of Section 26.575.130(F). 2. If the facility or equipment is located on property listed on the Aspen Inventory o Historic Landmark Sites and Structures or within any historic district, then the applicable standards of Chapter 26.415 (Development Involving the Inventory of Historic Sites and Structures or which occurs in an "H" Historic Overlay District). SECTION 15 — WIRELESS TELECOMMUNICATIONS: This Section details the specific height requirements for wireless telecommunications equipment and walks you through the process for requesting a taller height (see Section 12 for general philosophy of the change). 2. Height. The following restrictions shall apply: a. fifteen (15) feet abeve the highest peftion of that Feef, ineltiding pafapet, walls. Wireless telecommunication services facilities and/or equipment not attached to a building shall not exceed thirty-five (35) feet in height or the maximum permissible height of the given zone district, whichever is more restrictive. b. , and stieb., exeess height was legally established (i.e., gfaftted a vananee, appfeved by P�4D, etle.), then the eembined hei& ef the building and antenna shall net . Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including_ parapet walls, and the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls. c. , LAND USE CODE AMENDMENTS STAFF REPORT PAGE 12 The Community Development Director mgy pprove of a taller antenna height than stipulated above in b.) if it is their determination that it is suitably camouflaged, in which case an administrative approval may be granted. d. . If the Community Development Director determines that an antenna taller than stipulated above in (b.) cannot be suitably camouflaged, then the additional height of the. antenna shall be reviewed pursuant to the process and standards (in addition to the standards of this Section) of Section 26.430 (Special Review). e. Support and/or switching_ equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 26.575.130 (F) 5)) below. SECTION 16 — OUTDOOR LIGHTING (NON-RESIDENTIAL) Staff has discovered that there are contradictory sections of the lighting ordinance. In both the Residential and Non -Residential section (E and F of Section 26.575.150) of the ordinance, it states that lighting shall be 12' in height or less, unless it meets one of a set of criteria, which includes being fully shielded, non-adjustable, lighting for parking purposes, and lighting for building mounted signage or for the facade (among others). Then, in Section K (Review Standards) of the same section, it states that outdoor residential and commercial lighting may be 12' in height or more, but only if is approved by the P&Z through Special Review. Despite this contradiction, staff has always enforced the provision as its written in Sections E and F, not Section K. In other words, we have not required Special Review approval for lights higher than 12' in the past. To correct this contradiction, staff originally proposed slightly altering both Section E and F, so that it clarifies that lighting still must be 12' in height or less, but if it is located on above grade decks or balconies and is fully shielded or built into a roof soffit and fully shielded, then it may be allowed without Special Review approval.. Additionally, Special Review approval would still be required for commercial parking and vehicle circulation areas with lighting up to 20' and residential and commercial lighting with heights higher than 12' that may be necessary due to safety requirements, building design, or extenuating circumstances (See Section 21 for specific section of the Code relating to what is allowed with Special Review approval). Changes Since the Last Meeting: At the last meeting, P&Z stated that they wished to see lights over 12' in height request Special. Review approval. Staff has a concern about this because we feel that requiring individual homeowners to gain Special Review approval for each light over 12' would create an administrative problem (Zoning Officer Sarah Oates predicts there would be hundreds of Special Review requests every year by _ LAND USE CODE AMENDMENTS STAFF REPORT PAGE 13 individual residential properties if the Code were changed to require them to gain Special Review for lighting that is higher than IT). In addition, as stated above, staff has historically interpreted the Code that Special Review is not required for lights above 12' as long'as they met the required criteria for these lights. Instead of changing the Code to now require Special Review approval for these lights, staff proposes tightening up the requirements for lights taller than 12' and allow them to be approved administratively. Consequently, staff has added language that states the lighting must be fully shielded and the point source of the light may not be visible off of the property in which it's located. This latter addition will hopefully alleviate the concerns about the taller lights because, despite their increased height, there will be no direct shining of the light fixture off the property and the only light visible, if any, will be the reflection of the lighting off a building (See (b.) below and (b.) of Section 17 for.new language). E. Non -Residential Lighting Standards. The following lighting standards shall be applicable to all non-residential properties including mixed uses: (a) Outdoor lighting 'used to illuminate parking spaces, driveways, maneuvering areas, or buildings shall conform to the definition for "fully shielded light fixtures" and be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height ' of twelve (12) feet, no portion of the bulb or direct lamp image may be visible from twenty-four (24) feet away in any direction. The light level shall not exceed 10 foot-candles as measured three feet above finished grade. Exemptions may be requested for areas with high commercial, pedestrian, or vehicular activity up to a maximum of 20 foot-candles. (b) Outdoor lighting shall be 12 ft. or less in height unless it meets one of the following criteria: • The lighting is fully shielded and the point light source is not visible beyond the boundaries of the property in which it is located; or • The lighting is otherwise approved in Section 27.575.150 (K). W.- NOW off- ILWJ�111111 ON 0 (c) All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through LAND USE CODE AMENDMENTS STAFF REPORT PAGE 14 the exemption process listed in this section. (d) High Intensity Discharge .(HID) light sources are allowed with a maximum wattage of 175 high pressure sodium (HPS) and 175 watt metal halide (coated lamp - 3,000 degrees Kelvin). Standards for other HID light sources may be established by the City for new technology consistent with the above restrictions. (e) Spacing for security and parking lot light fixtures that are pole mounted shall be no less than 75 ft. apart. Decorative fixtures (which are also fully shielded) are allowed to maintain a 50 ft. fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 ft. measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shall not exceed 50 watts. Decorative fixtures that are not shielded shall maintain a minimum spacing of 25 ft. and shall not exceed 50 watts. Where security lighting is a combination of pole and wall mounted fixtures, minimum spacing shall be 75 ft. and a maximum of 150 ft. (f Pole mounted fixtures shall be limited to two light sources per pole. (g) Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or, areas that are more than 50% residential based on square footage of uses. (h) Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, . or year-round tree canopies, which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one fixture per 150 sq. ft. of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. (i) Up -lighting of flags is permitted with a limit of two fixtures per flag pole with a maximum of 150 watts each. The fixtures must be shielded such that the point source is not visible outside of a 15-ft. radius. (j) Outdoor vending, such as gas stations, require approval for lighting. Lighting shall not exceed a maximum of 20 candles under the canopy. SECTION 17 — OUTDOOR LIGHTING ftSIDENTIA.L): This section proposes the same change as above, only to the Residential portion of the lighting ordinance. Additionally, staff has added changed section (c.) below so that if a light is not fully shielded then it must be enclosed with a material other than a clear material and that the light source may not be visible from an adjacent property. Currently, the provision allows unshielded lights as long. as the "minimize" the glare as opposed to the above proposal of not allowing any light to be visible. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 15 F. Residential Lighting Standards. The following lighting standards shall be. applicable to residential properties: (a.) Outdoor lighting shall be 12 ft. or less in height unless it meets one of the following criteria: • The lighting is used to illuminate above grade decks or balconies, is fully shielded and the point light source is not visible beyond the boundaries of the property in which it is located; or • The lighting is fully recessed into a roof soffit, fully shielded and the point light source is not visible beyond the boundaries of the property in which it is located; or • Is otherwise approved in Section 27.575.150 (K): : (b.) Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed 50 watts. (c.) All light sources that are not fully shielded shall use material other than a clear lens material to enclose the light source, as the pfiinafy lens matefial, te enelese the light bulb te minifnize glafe from a point seuf The point light source shall not be visible from adjacent cent properties. (d.) Landscape lighting is limited to 35 watts per fixture per 150 sq. fL of landscaped area (as measured in a horizontal plane). (e.) Security lights shall be restricted as follows: 1. The point light source shall not be visible from adjoining lots or streets. 2. Flood lights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property. 3. Timer controlled flood lights shall be prohibited. 4. Photo -cell lights shall be allowed under the following circumstances: a) At primary points of entrance (e.g. front entries) or in critical common areas for commercial and multi -family properties; b) Where the light sources are fully -shielded by opaque material (i.e. the fixture illuminates the area but is not itself visibly bright); and c) The light source or fluorescent (or compact fluorescent) .to eliminate excess electricity consumption. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 16 5. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to .1 of a foot candle as measured at the property line. 6. Light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade. 7. No light fixture shall be greater than 12 feet in height. Exceptions are: a) Tree mounted fully shielded, downward directed lights using a light of 25 watts or less, and b) Building mounted flood lights fully shielded, downward directed lights using a light of 50 watts or less. (f.) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner's property lines. (g.) Light trespass at property lines should not exceed .1 of; a foot-candle as measured at the brightest point. - SECTION 18 — OUTDOOR LIGHTING: Staff proposes removing the reference to Street Lighting Standards in Section 26.575.150 (G) because it is already covered in Section (H) of the lighting ordinance under Municipal Lighting- (see below). - : - : - : i - • : - : W. - : - : : :.- G. Reserved. SECTION 19 — OUTDOOR LIGHTING: Municipal lighting is currently in the Code as an Exemption, meaning that such lighting is not subject to the requirements of the lighting ordinance. Staff believes that municipal lighting, such as traffic control devices, street lights, and construction lights should be exempt from meeting the ordinance because of the difficulties of meeting the ordinance and still providing their necessary life and safety functions. It should be noted, however, that this action will not preclude City projects from meeting the lighting ordinance (City affordable housing, for example) unless Council found it to be necessary for pubic health, safety or welfare. 2. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and welfare, including but not limited to traffic control devices, exit streetlights, and construction lighting. , LAND USE CODE AMENDMENTS STAFF REPORT PAGE 17 SECTION 20 — OUTDOOR LIGHTING: In accordance with Section 17 above, staff proposes, removing (K) (c) from Section 26.575.150 of the Code. This refers to lighting on above -grade decks or balconies that is higher than 12' and which currently requires. Special Review approval by P&Z. As stated in Section 17, staff feels that, as long as its fully shielded, such lighting should be able to be as high on the structure as necessary. , K. Review Standards. 1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above grade in height. Special review by the Planning and Zoning Commission may allow lighting of a greater height under the following circumstances: a. A fixture at a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a nonadjustable mounting; or b. Lighting for commercial parking and vehicle circulation areas may have a maximum height of 20 feet above grade and shall be fully shielded c. , ,I-Aeh shall be Fally STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of the amendments to the Land Use Code as put forth in the attached resolution and described above. RECOMMENDED MOTION: "I move to approve Resolution No. fq, Series of 2003, for Amendments to the Land Use Code." ATTACHMENTS: Exhibit A: Amendments to the Land Use Code — Staff Findings Exhibit B: Photos of First Story Elements LAND USE CODE AMENDMENTS STAFF REPORT PAGE 18 RESOLUTION N0. (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN MUNICIPAL CODE: 26.104.100 -. DEFINITIONS; 26.222 — DESIGN REVIEW APPEAL COMMISSION,• 26.304 — COMMON DEVELOPMENT REVIEW PROCEDURES; 26.310 — AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP; 26.410 — RESIDENTIAL DESIGN STANDARDS; 26.415 — DEVELOPMENT INVOLVING THE APSEN INVENTORY OF HISTORIC LANDMARK SITES -AND STRUCTURES OR DEVELOPMENT IN AN "H", HISTORIC OVERLAY DISTRICT; 26.430.030 — SPECIAL REVIEW; 26.435.040 — STREAM MARGIN REVIEW; 26.575.150 — OUTDOOR LIGHTING; 26.575.130 — WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT. WHEREAS, the Community Development Department -proposed -an application for an amendment to Title 26 of the City of Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310 of the Aspen Municipal Code, applications to amend the text of Title 26 shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Department and then by the Planning and Zoning Commission at a public hearing. Final action shall be by the City Council after reviewing and considering these recommendations; and, WHEREAS, during a duly noticed public hearing on July 1, 2003, which was continued to August 5, 2003, the Planning and Zoning Commission heard the recommendation of the Commmunity Development Director, took public comment and approved these amendments to the Aspen Land Use Code, by a to vote; and, WHEREAS, The Planning and Zoning Commission finds that the amendments meet or exceed all applicable development review standards and that the approval for the amendment is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 51h DAY OF AUGUST 2003, THAT: Section 1 Section 26.104.100, Definitions, which section describes the meaning of terms used in the Land Use Code, shall add the following terms and definitions: PAGE 20 Antennae: Any structure, including but not limited to a monopole, tower, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purpose of receiving or transmitting communication to or from another antenna, device or orbiting satellite, as well as supporting equipment necessary to install or mount the antenna. Monopole: A wireless communication facility which consists of a monopolar structure, erected to support wireless telecommunication antennas and connecting appurtenances. Whip antenna: A flexible rod antenna supported on a base insulator. Panel antenna: A flat surface antenna used to achieve transmission or reception from a specific direction. Section 2: That the entire Section 26.222 shall be removed. Section 3 Add Section 26.304.060 (F), as follows: F. Re -submittal of a previously denied application. After a final decision that results in the denial of a development application by the appropriate final approving body, an applicant wishing to re -submit the same plan for approval: 1. May not submit the same development application, or one substantially the same, as determined by the Community Development Director, for a period of one (1) year from the date of the most recent ruling of denial; or 2. May submit a revised application that adequately addresses all of the stated reasons for denial. The Community Development Director shall determine whether a.) a new submittal adequately addresses all of the stated reasons for denial and can proceed with a submittal; or, b.) a new submittal is sufficiently enough altered from the project denied by City Council that it qualifies as a new application for a different project. In either scenario, such application shall be treated as a new application for purposes of review and scheduling. Section 4: That Section 26.310.085 (Amendments to the Official Zone District Maps) shall be added as follows: 26.310.085 Disputes about zoning of a property. In cases where there is a dispute as to the correct zoning of a property, the ordinance approving or establishing the zoning shall be the final authority and not the official zone district map. Section 5 That Section 26.410.020 (D) shall be amended as follows: D. Variances. Variances from the Residential Design Standards, Section 26.410.040, may be granted by the Planning and Zoning Commission, Board of Adjustment or the Historic PAGE 21 Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires an exemption from the Residential Design Standards shall demonstrate, and the deciding board shall find that the exemption, if granted, would: 1. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, 2. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. Section 6: That Section 26.410.040 (C) (1) shall be amended as follows: C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or to minimize the presence of garages. and carports as a lifeless part of the streetscape where alleys do not exist. 1. For all residential uses, parking, garages, and carports shall be accessed from an alley or private road if one exists. The garage doors shall be single stall doors, or double stall doors designed to appear like single stall doors. IIIIIIIIIIINIIIIIiIiI 1 1 That Section 26.410.040 (C) (2) (f.) shall be amended as follows: f. The garage doors shall be single stall doors., unless the garage doors are not visible from any street, in which case the garage doors may be double stall doors that are designed to appear like single stall doors. Section 8: That Section 26.410.040 (D) (2) shall be amended as follows: PAGE 22 2. First story element. All residential buildings shall have a first -story street -facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first -story element is projecting from. A first -story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, this shall not preclude having accessible space over remaining first story elements on the front facade. That Section 26.415.110 (E.) (3) (Development of Historic Landmark Site and Structures) shall be amended as follows: 3. The decision to grant a Floor Area Bonus for Major Development projects will occur as part of the approval of a Conceptual Development Plan, pursuant to Section 26.415.070(D). The Floor Area Bonus may also be approved as part of a Historic Landmark Lot .Split review. No development application that includes a request for a Floor Area Bonus may be submitted until after the .applicant has met with the HPC in a work session to discuss how the proposal might meet the bonus considerations. Rerlinn 10-- That Section 26.415.120 (D) (Development of Historic Landmark Site and Structures) shall be amended as follows: D. City Council action on appeal or call up. The City Council shall consider the application on the record established before the HPC. The City Council shall affirm the decision of the HPC unless there is a finding there was a denial of due process, or the HPC has exceeded its jurisdiction or abused its discretion. The City Council shall take such action as is deemed necessary to remedy said situation, including, but not limited to: 1. Reversing the decision. 2. Altering the conditions of approval. 3. Remanding the application to the HPC for rehearing. Section 11: That Section 26.430.030 Applicability (Special Review) shall be amended as follows: 26.430.030 Applicability. Special review shall apply to all development in the City of Aspen designated for special review by the following Chapters or Sections of this Title: • Dimensional requirements (Chapter 26.710 - Zone Districts), • Replacement of non -conforming structures (Chapter 26.312), • Reduction of open space requirements in CC zone district (Section 575.030(B)), • Off-street parking requirements (Section 26.515.040), • Reductions in the dimensions of utility/trash service areas (Section 26.575.060), • Subdivision standards (Section 26,480.050), • Accessory Dwelling Unit Design Standards (Section 26.520), PAGE 23 • Wireless Telecommunications facilities and/or equipment (Section 26.575.130) Section 12• That Section 26.430.040 Review Standards for Special Review shall be amended as follows: I. Wireless Telecommunications facilities and/or equipment. Whenever a special review is conducted to appeal the decision of the Community Development Director regarding a proposed wireless telecommunications service facility or equipment or to determine a proposed increase in the allowed height of a wireless telecommunications facility and/or equipment, it shall be considered in accordance with the standards set forth in Section 26.575.130(C)(6) (Wireless Telecommunication services facilities and equipment) Section 13: That Section 26.435.040 (C) shall be amended as follows: C. Stream Margin Review Standards. No development shall be permitted within the Stream Margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: Section 14: That Section 26.575.130 (C) Procedure (Wireless Telecommunications) shall be amended as follows: C. Procedure. 1. Gen eras Pursuant to Section 26.304.020, the applicant shall conduct a pre -application conference with staff of the Community Development Department. The planner shall then prepare a pre - application summary. describing the submission requirements and any other pertinent land use material, the fees associated with the review(s), and the review process in general. 2. Administrative Review. After the pre -application summary is received by the applicant, said applicant shall prepare an application for review and approval by staff and the Community Development Director, respectively. In order to proceed with additional land use reviews or obtain a Development Order, the Community Development Director shall find the submitted development application consistent with the provisions, requirements and standards of this Chapter. 3. Appeal of Director's Determination. The Community Development Director may apply reasonable conditions to. the approval as deemed necessary to insure conformance with applicable review criteria in Section 26.575.130 LU. If the Community Development Director determines that the proposed wireless telecominunication services facilities and equipment does not comply with the review criteria and denies the application, or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for eenditienal us Special Review Section 26.430) : &view by the Planning and Zoning Commission or, if applicable, by the City's Historic Preservation Commission and such application must be made within fifteen (15) calendar days of the day on which the Community Development Director's decision is rendered. PAGE 24 All appeals shall require public hearings, and shall be noticed b the he applicant in accordance with Section 26.304.060(E)(3)(a), (b), and (c) of the Municipal Code. 4. Historic Preservation Commission Review. Proposals for the location of wireless telecommunication services facilities or equipment on any historic site or structure, or within any historic district shall be reviewed by the City's Historic Preservation Commission (HPC). Review . of applications for wireless telecommunication services facilities and/or equipment by the HPC shall replace the need for review by the Community Development Director. Likewise, if the Historic Preservation Commission determines that the proposed wireless telecommunication services facilities and equipment does not comply with the review criteria and denies the application, or the applicant does not agree to the conditions of approval determined by the Historic Preservation Commission, the applicant may appeal the decision to the City Council and such appeal must be filed within fifteen (15) calendar days of the day on which the Historic Preservation Commission's decision is rendered. All appeals shall require public hearings, and shall be noticed by the applicant in accordance with Section 26.304.060(E)(3)(a), (b), and (c) of the Municipal Code. 5. Building Permit A building permit application cannot be filed unless and until final land use approval has been granted and a Development Order has been issued. When applying for building permit(s), the applicant shall submit a signed letter acknowledging receipt of the decision granting land use approval and his/her agreement with all conditions of approval, as well as a copy of the signed document granting the land use approval for the subject building pen -nit application. 6. Special Review. An application requesting a variance from the review standards for height of wireless telecommunications service facilities and/or equipment, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304. The Special Review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Section 26.304.060(E)(3)(b and c). Review is by the Planning and Zoning Commission. If the property is a Historic Landmark, on the Inventory of Historic Sites and Structures, or within a Historic Overlay District, and the application has been authorized for consolidation pursuant to Section 26.304, the Historic Preservation Commission shall consider the Special Review. Such Special Review may be approved, approved with conditions, or denied based on conformance with the following criteria: 1. Conformance with the applicable Review Standards of Section 26.575.130(F). 2. If the facility or equipment is located on property listed on the Aspen Inventory of Historic Landmark Sites and Structures or within any historic district, then the applicable standards of Chapter 26.415 (Development Involving the Inventory of Historic Sites and Structures or which occurs in an "H" Historic Overlay District). SPrtinn 15- PAGE 25 That Section 26.575.130 (F) (2) Review Standards (Wireless Telecommunications - Height) shall 'be amended as follows: 2. Height. The following restrictions shall apply: a. Wireless telecommunication services facilities and/or equipment not attached to a building shall not exceed thirty-five (35) feet in height or the maximum permissible height of the given zone district, whichever is more restrictive. b. Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five. (5) feet above the highest portion of that roof, including parapet walls, and the antenna and support system for whip antennas shall .not exceed ten (10) feet above the highest portion of that roof, including parapet. walls. c. The Community Development Director may approve of a taller antenna height than stipulated above in (b.)-if it is their determination that it is suitably camouflaged, in which case an administrative approval may be granted. d. If the Community Development Director determines that an antenna taller than stipulated above in (b.) cannot be suitably camouflaged, then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the _standards of this Section) of Section 26.430 (Special Review). e. Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 26.575.130 (F)(5)) below. PAGE 26 Section 16: Section 26.575.150 (E) Non -Residential Lighting (Outdoor Lighting), shall be amended as follows: E. Non -Residential Lighting Standards. The following lighting standards shall.be applicable to all non-residential properties including mixed uses: (a) Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas, or buildings shall conform to the definition for "fully shielded light fixtures" and be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of twelve (12) feet, no portion of the bulb or direct lamp image may be visible from twenty-four (24) feet away in any direction. The light ' level shall not exceed 10 foot-candles as measured`` three feet above finished grade. Exemptions may be requested for areas with high commercial, pedestrian, or vehicular activity up to a maximum of 20 foot-candles. (b) Outdoor lighting shall be 12 ft. or less in height unless it meets one of the following criteria: The lighting is fully shielded and the point light source is not visible beyond the boundaries of the property in which it is located; or The lighting is otherwise approved in Section 27.575.150 (K). (c) All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this section. (d) High Intensity Discharge (HID) light sources are allowed with a maximum wattage of 175 high pressure sodium (UPS) and 175 watt metal halide (coated lamp — 3,000 degrees Kelvin). Standards for other HID light sources may be established by the City for new technology consistent with the above restrictions. (e) Spacing for security and parking lot light fixtures that are pole mounted shall be no less than 75 ft. apart. Decorative fixtures (which are also fully shielded) are allowed to maintain a 50 ft. fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 ft. measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shall not exceed 50 watts. Decorative fixtures that are not shielded shall maintain a minimum spacing of 25 ft. and shall not exceed 50 watts. Where security lighting is a combination of pole and wall mounted fixtures, minimum spacing shall be 75 ft. and a maximum of 150 ft. PAGE 27 (f) Pole mounted fixtures shall be limited to two light sources per pole. (g) Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than 50% residential based on square footage of uses. (h) Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may. include awnings, dense shrubs, or year-round tree canopies, which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one fixture per 150 sq. ft. of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. (i) Up -lighting of flags is permitted with a .limit of two fixtures per flag pole with a maximum of 150 watts each. The fixtures must be shielded such that the point source is not visible outside of a 15-ft. radius. - (j) Outdoor vending, such as gas stations, require approval for lighting. Lighting shall not exceed a maximum of 20 candles under the canopy. Section 17• That Section 26.575.150 (F) Residential Lighting (Outdoor Lighting), shall be amended as follows: F. Residential Lighting Standards. The following lighting standards shall be applicable to residential properties: (a.) Outdoor lighting shall be 12 ft. or less in height unless it meets on of the following criteria: • The lighting is used to illuminate above grade decks or balconies, is fully shielded, and the point light source is not visible beyond the boundaries of the property in which it is located; or, • The lighting is fully'recessed into a roof soffit, fully shielded, and is not visible beyond the boundaries of the property in which it is located; or, • The lighting is otherwise approved in Section 27.575.150 (K): (b.) Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed 50 watts. (c.) All light sources that are not fully shielded shall use material other than a clear lens material to enclose the light source. The point light source shall not be visible from adjacent properties. (d.) Landscape lighting is limited to 35 watts per fixture per 150 sq. ft. of landscaped area (as measured in a horizontal plane). PAGE 28 (e.) Security lights shall be restricted as follows: 1. The point light source shall not be visible from adjoining lots or streets. 2. Flood lights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property. 3. Timer controlled flood lights shall be prohibited. 4. Photo -cell lights shall be allowed under the following circumstances: a.) At primary points of entrance (e.g. front entries) -or in critical common areas for commercial and multi -family properties; b.) Where the light sources are fully -shielded by opaque material (i.e. the fixture illuminates the area but is not itself visibly bright); and c.) The light source or fluorescent (or compact fluorescent) to eliminate excess electricity consumption. 4' 5. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to ..l of a foot candle as measured at the property line. 6. Light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade. 7. No light fixture shall be greater than 12 feet in height. Exceptions are: a.) Tree mounted fully shielded, downward directed lights using a light of 25 watts or less, and c) Building mounted flood lights fully shielded, downward directed lights using a light of 50 watts or less. (f.) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner's property lines. (g.) Light trespass at property lines should not exceed . l of a foot-candle as measured at the brightest point. Section 18: That Section 26.575.150 (G) Street Lighting Standards (Outdoor Lighting) shall be amended as follows: G. Reserved. Section 19: That Section 26.575.150 (H) (2) Exemptions (Outdoor Lighting) shall be amended as follows: 2. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and welfare, including but not limited to traffic control devices, streetlights, and construction lighting. PAGE 29 Section 20: That Section 26.575.150 (K) Review Standards (Outdoor Lighting) shall be amended as follows: K. Review Standards. 1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above grade in height. Special review by the Planning and Zoning Commission may allow lighting of a greater height under the following circumstances: a.) A fixture at'a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b.) Lighting for commercial parking and vehicle circulation areas may have a maximum height of 20 feet above grade and shall be fully shielded Section 21: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 22 If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on August 5, 2003. APPROVED AS TO FORM: PLANNING AND COMMISSION: David Hoefer, Asst. City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk ZONING PAGE 30 EXHIBIT A AMENDMENTS TO THE LAND USE CODE Section 26.310. 040 - Standards for Review of an Amendment to the Text of Title _26: 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: I DOES IT COMPLY? I YES Staff is unaware of any portions of the Title that the application is in conflict with. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. STAFF FINDING: DOES IT COMPLY? YES Staff believes that the Land Use Code is largely in compliance with the elements of the AACP and that none of the amendments proposed in this application would affect that compliance. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: DOES IT COMPLY? YES The proposed amendments apply city-wide and are proposed to help make better land use decisions which are compatible with the existing zone districts, land uses, and neighborhood characteristics. Staff finds that the amendments are in compliance with the provision above. .D. The effect of the proposed amendment on traffic generation and road safety. STAFF FINDING: DOES IT COMPLY? I YES Staff does not believe that any of the proposed amendments will have any impact — positive or negative — on the traffic generation and road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. STAFF FINDING: I DOES IT COMPLY? I YES Staff finds that the proposed amendments will not result in demands on public facilities or exceed capacity of any public facilities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. PAGE 32 STAFF FINDING: I DOES IT COMPLY? IYES Staff does not believe that there will be any negative impacts to the natural environment as a result of the proposed code amendments. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: I DOES IT COMPLY? 11YES Staff finds that the proposed amendments will result in Code provisions that will continue to protect and be consistent and compatible with the established community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: I DOES IT COMPLY? NOT APPLICABLE The majority of the proposed amendments are in response to problems that the Planning and Zoning Commission and staff have experienced in administering sections of the Code and are, simply, in need of clarification. I. Whether the proposed amendment would be in conflict .with the public interest and whether it is in harmony with the purpose and intent of this Title. STAFF FINDING: DOES IT COMPLY? YES Staff finds that the proposed amendments will not be in conflict with the public interest and, in fact, will help to protect the public interest and will be in harmony with the intent of this Title. PAGE 33 7T i # 0 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, ommunity Development Deputy Director FROM: James Lindt, Planner RE: Maroon Creek Club SPA/PUD Amendment, GMQS Exemption for a Change in Use— Public Hearing DATE: - August 5, 2003 SUMMARY: The Applicant has requested to add a kitchen to one of the lodge units within the Maroon Creek Club, thereby making it a multi -family residential dwelling unit. APPLICANT: Jim Williams, Maroon Creek Club Millennium Member REPRESENTATIVE: John Howard, Willow Creek Management Services, Inc. LOCATION.: Lot 51, Maroon Creek Club Subdivision, Maroon Creek Club ZONING: Park with a PUD and Specially Planned Area Overlay n. . LOT SIZE: Approximately 46,000 S.F. BACKGROUND: Jim Williams, ("Applicant"), represented by John Howard, is requesting approval of an SPA/PUD amendment, and a GMQS exemption for a change in use to allow for one of the lodge rooms within the Maroon Creek Club to add a kitchen and thereby become a multi- family residential unit. The lodge room in question is one of the twelve (12) lodge rooms that were originally approved to be constructed as a replacement credit for the lodge units that used to exist in the Aspen Country Inn, pursuant to Board of County Commissioner's Resolution No. 91-111. Subsequently, an insubstantial PUD amendment (please see Exhibit was approved by the City of Aspen Community Development Director in 1998 to allow for the twelve (12) lodge units to be converted into eight (8) lodge units by making the finding that the total size of the units and the number of lodge bedrooms within the structure would not change. The Applicant has also already gained approval of a building permit 1 (please see Exhibit "D" for the approved building permit) to combine three of the one - bedroom lodge units into one 3-bedroom unit. The lodge rooms that were constructed within the Maroon Creek Club do not currently contain kitchens (kitchen is defined as containing a cooking device). In addition, the City of Aspen Land Use Code does not allow lodge rooms to have kitchens if they are not located within the Lodge Preservation (LP) Overlay Zone 'District as these lodge units are not. Furthermore, the Maroon Creek Club SPA does not currently allow for the lodge units to have kitchens because the SPA that was established in conjunction with the annexation of the Maroon Creek Club simply approved the uses that were in existence at the time of annexation. Therefore, because the units did not have kitchens at the time of annexation, the units are not currently allowed to contain kitchens under the SPA. Thus, the Applicant has requested an SPA/PUD amendment, and a GMQS exemption for a change in use to allow for the lodge room to include a kitchen and thereby become a multi -family dwelling unit. REVIEW PROCEDURE: Specially Planned Area (SPA) and PUD AnZendment Review: This Awo-step-review process for an SPA amendment requires approval by City Council after receiving a recommendation from the Plaguing and Zoning Commission and the Community Development Director. Additionally, because the property is part of a PUD as well, the Applicant also requires a PUD amendment to add the kitchen and convert the lodge unit into a residential dwelling unit. The Applicant has requested that the reviews of the SPA amendment, the PUD amendment, and the GMQS exemption for the change in use be combined pursuant to Land Use Code .Section 26.304.060(B)(1); and therefore, the Plaiuling and Zoning Commission shall be the recommending body to City Council on all three (3) of the land use requests. STAFF COMMENTS: Operational Characteristics of the MCC Lodge Units: The existing lodge rooms in the Maroon Creek Club are not required to be rented out on a short-term basis because they were approved in the County and Pitkin County's Land Use Code does not require that lodge rooms be .available for rental on a short-term basis to the general public as the City's land use code requires. Moreover, the City Attorney's Office has made the interpretation that the City of Aspen Land Use Code's operational requirements for lodges do not apply in this situation to the operations of these lodge units because the PUD is based on the County's land use code and there were not provisions made to apply the City's land use code to this development at the time of annexation. It is staff's understanding that the lodge units are conveyed in conjunction with special memberships to the athletic and golf club that are called Millennium Memberships. According to the Applicant, there were eight (8) Millennium Memberships created and sold. The Millennium Memberships give the purchasers the right to use the athletic and golf club as well as the right to use their personal lodge unit at any point during the year for as long as they wish to use it. The Membership documentation also allows a Millennium Member the right to lease their designated unit out if they wish to. 2 Staff Discussion: Staff does recognize the Applicant's argument .that these lodge units currently canulot be enforced to be rented out short-term and thus, are not likely being .rented out as lodge units. Therefore, the Applicant does not feel that allowing for the addition of a kitchen will really alter the usage of the unit from its existing state. Additionally, the Housing Authority Staff and the Planuling Staff do not believe that the proposal would generate employees 'or have parking impacts as the application contends. Therefore, staff agrees with the Applicant's argument to a certain extent. However, staff does not believe that there is any community benefit in allowing for the addition of a kitchen. In reviewing the application, staff felt that there might be enough community benefit to allow for the subject unit to add a kitchen if the Maroon Creek Club would require the remainder of the so called "lodge" units to be rented out on a short-term basis. Staff s suggestion of requiring the other lodge units to be rented out on a short-term basis in exchange for the addition of kitchen was expressed to the Applicant, but the Applicant indicated to staff that they do not believe that the Maroon -Creek Club has the legal ability to require their Millennium Members to rent out the units on a short-term basis due to their contractual obligations that allow Millennium Members to occupy their units at any point in time during the year and for any length of time that they wish to. Therefore, short of being able to require the other lodge units within the Maroon Creek Club to be available on a short-term basis as a condition of approval, staff does not feel that we can support the proposed change in use because it contradicts the longstanding Aspen Area Community Plan (AACP) goal of maintaining and expanding our existing lodging base and there is no overriding community benefit presented in the application to outweigh the non- compliance of the proposal with this important AACP goal. In conclusion, staff canulot support the proposed SPA/PUD amendment and GMQS exemption for a change in use to allow for the addition of a kitchen in the lodge room at the Maroon Creek Club RECOMMENDATION: Staff is recommending that the Planning and Zoning Commission deny the proposed resolution, thereby recommending that City Council deny the proposed amendment to the Maroon Creek Club SPA/PUD and GMQS exemption for a change in use to allow for the conversion of one of the lodge units within the Maroon Creek Club into a multi- family dwelling unit by adding a kitchen to the unit. RECOMMENDED MOTION: (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE) "I move to approve Resolution No.jt, Series of 2003, recommending that City Council approve with conditions the proposed amendment to the Maroon Creek Club SPA/PUD and a GMQS exemption for a change in use to allow for the addition of a kitchen' in the combined lodge unit (consisting of lodge units 1, 2, and 3 that were originally constructed); thereby converting the lodge unit into a multi -family dwelling unit." J ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Development Application Exhibit C -- Insubstantial Amendment to allow for the reduction'in Lodge Units Exhibit D -- Building Permit approval to combine lodge units Exhibit E -- Referral Comments N II RESOLUTION N0. (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND .ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE AN' AMENDMENT TO THE MAROON CREEK CLUB SPECIALLY PLANNED AREA/PUD AND A GMQS EXEMPTION FOR A CHANGE IN USE TO ALLOW FOR THE COMBINED LODGE UNIT IN THE MAROON CREEK CLUB TO BE CONVERTED TO A MULTI -FAMILY RESIDENTIAL DWELLING UNIT, LOT 51, MAROON CREEK CLUB SUBDIVISION/SPA/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-023-09-051 WHEREAS, the Community Development Department received an application from Jim Williams ("Applicant") requesting an amendment to the Maroon Creek Club Specially Plaiuied.Aiea/PUD and a GMQS exemption for a change in use to allow for the combined lodge unit (consisting -of lodge units 1, 2, and 3 that - were originally constructed) in the Maroon Creek Club to contain a kitchen and thereby become a multi- family dwelling unit on Lot 51, of the Maroon Creek Club Subdivision/SPA/PUD; and, WHEREAS, Maroon Creek LLC and the AEP Family LLLP are the owners of Lot 51, of the Maroon Creek Club Subdivision/SPA/PUD; and, WHEREAS, Maroon Creek LLC and the AEP Family LLLP have provided written consent for the Applicant to apply for a PUD and SPA Amendment, and a change in use on Lot 51, of the Maroon Creek Club Subdivision/SPA/PUD; and, WHEREAS, City Council Ordinance No. 40, Series of 1996 zoned the subject property to Park with an SPA and PUD Overlay upon annexation into the City of Aspen; and, WHEREAS, pursuant to the applicable provisions of the Municipal Code; the site -specific development plan that was approved by Pitkin County pursuant to BOCC Resolution No. 104, Series of 1993 and subsequently annexed into the City of Aspen shall be considered the final SPA development plan for purposes of amendment; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined Reviews, the Community Development Director in consultation with the applicant has concluded that a combined review of the land use requests associated with this application would reduce duplication and ensure economy of time, expense, and clarity; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.440, Specially Plamied Area, the City Council may approve, approve with conditions, or deny the land use requests made by the applicant during a duly noticed public hearing after taking and considering conunents from the general public, and recoiuinendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Streets Department, and the Community Development Department reviewed the proposal; and, WHEREAS, the Coininunity Development Director recommended that the Planning and Zoning Conunission deny the proposed application; and, WHEREAS, during a duly noticed public hearing on August 5, 2003, the Planning and Zoning Commission recommended, by a to (_-� vote, that City Council approve an SPA and PUD amendment and a GMQS exemption for a change in use to the Maroon Creek Club SPA/PUD to allow for the combined lodge room (consisting of lodge units 1, 2, and 3 that were originally constructed) within the Maroon Creek Club to contain a kitchen and thereby become a multi -family residential dwelling unit, with the conditions contained herein; and, WHEREAS, the Aspen Planning and Zoning Conunission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Conunuluty Plan; and, WHEREAS, the Aspen Planning and Zoning Conunission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE. CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 -a That the Planning and Zoning Conunission hereby recommends that City council approve a PUD and SPA amendment and a GMQS exemption for a change in use to allow for the combined lodge unit (consisting of lodge units 1, 2, and 3) in the Maroon Creels Club to add a kitchen and thereby become a multi -family residential dwelling unit, with the following conditions: 1. The Maroon Creek Club shall on an annual basis send a letter to the Milleimium Meinbers reminding them that they have the ability to -lease out their units on a short-term basis. The letter shall also state that the Maroon Creek Club encourages the short-term rental and occupancy of the designated member suites. 2. The lodge unit to be converted to a residential dwelling unit shall be upgraded to meet the 1998 ANSI Type B adaptable clearance requirements relating to the handicap accessibility of the bathroom. Section 2• .All material representations and conunitments 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, are 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. 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 salve shall be conducted and concluded under such prior ordinances. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a, court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision- and shall not affect the validity of the remaining portions thereof. APPROVED BY the Plaiming and Zoning Commission of the City of Aspen on the 5th day of August, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair, ATTEST: Jackie Lothian, Deputy City Clerk EXHIBIT A MAROON CREEK. CLUB SPA AMENDMENT REVIEW CRITERIA & STAFF FINDINGS' 26.440.050. Review standards, for development in a Specially Planned Area (SPA). In the review of a development application for a conceptual development plan and a final development plan, the Plalu-iing and Zoning Commission and City Council shall consider the following; 1. Whether the proposed development is compatible withh or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Finding Staff does not believe that the proposed multi -family residential use enhances the mix of development within. the Maroon Creek Club. Short of competing through the growth management scoring system, this would be the only unit that would be allowed to become a residential unit because the change in use exemption standards only allow for a change in use to create one residential unit. Therefore, this would likely be the only unit with the Maroon Creek Club that would contain a kitchen , and would be set up for possible permanent residency. That being said, staff does not feel that a long-term residential use is appropriate to be located within an athletic club. Staff does not find this criterion to be met. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Finding Staff does not believe that the proposed amendment will affect the existing road access or public facilities. Staff finds this criterion to be met. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rockfalls, avalanche dangers and flood hazards. Staff Finding The subject property is already developed and the Applicant is not proposing to alter the exterior of the building. Staff does not believe that this criterion is applicable to this application. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoidadverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. 5 Staff Finding The Applicant is not proposing to alter the exterior of the structure. Staff finds this criterion not to be applicable to this application. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the Applicant's proposal to add a kitchen and thereby convert the existing lodge unit into a multi -family dwelling unit by definition is contradictory to the AACP goal that speaks to maintaining and expanding the City's existing lodging inventory. Moreover, staff does not believe that the proposal provides enough community benefit to outweigh the prof ect's. contradiction to this -goal. Therefore, staff does not find this criterion to be met. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or ;the surrounding neighborhood Staff Finding Staff does not believe the. proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. The parcel is already developed and staff believes that there are sufficient public facilities to allow for the addition of a kitchen. Staff finds this criterion to be met. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 26.445.040(B) (2). Staff Finding There are no slopes on the subject parcel that are in excess of 20% and the property is already developed. Staff finds that this criterion is not applicable. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Finding The Applicant has . concurrently applied for a GMQS exemption for a change in use to allow for the lodge unit to be converted into a multi -family dwelling unit. In reviewing the change in use application, staff does not believe that the standards have been met. Therefore, staff does not find this criterion to be met. 6 PLANNED UNIT DEVELOPMENT (PUD) REVIEW CRITERIA & STAFF FINDINGS Section 26.445.050, Review Standards: PUD Section 26.445.050 of the Regulations provides that development applications for a PUD amendment must comply with the following standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Please see staff s response to Criterion No. 5 under the SPA Findings. Staff does not find this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Fielding Staff feels that the proposed amendment could change the character of the development by creating a unit that would be set tip for possible long-term' residential purposes in that it would contain a kitchen. As the application states, this specific applicant may not use this unit as a long-term residential unit; however, staff is concerned that the membership for the unit could be sold to someone that wants to use it year-round because it has a kitchen. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding Staff does not believe that the proposed amendment will adversely affect the development rights of the surrounding area. Staff finds this criterion not to be applicable to this proposal. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, .final PUD development plan review. Staff Finding . The Applicant has concurrently applied for a GMQS exemption for a change in use. Staff has reviewed the proposed change and use and feels that the applicable review standards have not been met. Staff does not find this criterion to be met. 7 B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements. for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensionsfir for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the,following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and land forms. tl) 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 Finding The Applicant is not proposing to alter the approved dimensional requirements within the PUD/SPA. The proposed amendment would alter only the interior of the existing lodge units. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding - The Applicant is not proposing to alter the approved dimensional requirements within the PUD/SPA. The proposed amendment would alter only the interior of the existing lodge units. Staff finds this criterion to be met. 3. The appropriate number ofoff-street parking spaces shall be established based on the following considerations: a) The probable 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 development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. 3 Staff Finding The Applicant is not proposing to alter the use of or the number of off-street parking spaces that currently exist. Moreover, staff does not believe that adding a kitchen and converting the unit to a multi -family dwelling unit will impact the parking demand for the subject unit. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The Applicant has already gained building permit approval to combine the three lodge units into one larger lodge unit. Therefore, there will be a reduction in the allowed density; however, it is not requested as part of this application. Staff finds this criterion not to be applicable to this application. 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 murflow, rockfalls 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 quality. inz the surrounding area and the CioJ . d) The design and location of any proposed structure, toad, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features'of the site. Staff Finding The Applicant has already gained building permit approval to combine the three lodge units into one larger lodge unit. Therefore, there will be a reduction in the allowed density; however, it is not requested as part of this application. Staff finds this criterion not to be applicable to .this application. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: ,A a) The increase in density serves one or more goals of the community as - expressed in the Aspen Area Community Plan (AACP) or a specific 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 5, above, those areas can be avoided, or those characteristics mitigated. 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. Staff Finding The Applicant is not requesting to increase the allowable density through the proposed PUD amendment. Staff finds this criterion not to be applicable to this application. B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following; I. 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 The proposed application will not alter: the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. 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 application will not alter the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 10 Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. S. Adequate pedestrian and handicapped access is provided. Staff Finding The Building Department has already approved a building permit application to allow for the three lodge units to be converted to one unit. In reviewing the building permit application, it was determined that the subject unit is not required to be accessible. Staff finds this criterion not to be applicable to this application. 6. Site drainage is accommodated. for the proposed development in 'a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. 7. For non-residential land uses, spaces between buildings are appropriately de- signed to accommodate any programmatic functions associated with the use. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. C. 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: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. 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. 11 Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efcierzt use. of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 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 intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. 2. Incorporate, 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. Staff Finding The. proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. 12 E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of' tiny king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Staff Finding The Applicant is required to meet the City of Aspen Lighting Code for any exterior lighting that is proposed. Staff believes that the Applicant's required compliance with the City Lighting Code ensures that the development will continue to be lighted in an appropriate manrier. Staff finds this criterion to be met. 2. All exterior lighting .shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up -lighting o f site . features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. .Staff Finding The Applicant has committed to meet the City of Aspen Lighting Code on the proposed development. 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, the 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 the PUD. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not be applicable to this application. 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. . Staff Finding This requirement has already been complied with in the subdivision agreement for the Maroon Creek Club Subdivision. Staff finds this criterion to be met.. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared 13 . facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding This requirement has already been complied with in the subdivision agreement for the Maroon Creek Club Subdivision. Staff finds this criterion to be met. II Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified.financial burden. The proposed utilities and public.facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding Staff believes that sufficient public facilities exist to allow for the addition'of a kitchen in the lodge unit as is proposed. Staff finds this criterion to be met. 2. Adverse impacts on public in fi°astructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding Staff does not believe that the proposal will result in any adverse impacts on the public infrastructure. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The Applicant is not proposing to install oversized utilities or public facilities and it is not anticipated that the Applicant will be required by the City to provide oversized utilities to add the kitchen. Staff does not find this criterion to be applicable to this application. I. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail _facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. 14 Staff Finding The proposed application will not .alter the exterior of the structure and thus, the existing access is not proposed to be altered. Therefore, staff finds this criterion not be applicable to this application. 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 application will not alter the exterior of the structure and thus, the existing access is not proposed to be altered. Therefore, staff finds this criterion not be applicable to this application. J. Phasing of Development Plan. The puipose of these criteria is to ensure partially completed protects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact . fees and fees -in -lie,, construction of any facilities to be used jointly bj� residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding. The Applicant is not proposing to phase the construction. Therefore, staff finds this criterion not to be applicable. 15 Change in Use Section 26.470.070(F), Change in Use A GMQS exemption for a change in use request may be approved if it is found that the proposal meets the following criteria: 1. A minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated. Staff Finding The Applicant contends that there will be no additional employees generated by converting the existing lodge unit into a multi=family dwelling unit by adding a kitchen. The Planning Staff and the Housing Authority Staff agree with the Applicant's contention that no employees would be generated by converting the existing lodge unit into the less intensive multi -family dwelling use. Therefore, staff believes that no employee housing mitigation should be required for the change in use if approved. Staff finds this -criterion -to be met. 2. A minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided. Staff Finding Staff does not believe that the proposed change in use will provide additional demand on the off-street parking that is already provided by the Maroon Creek Club. The underlying Park Zone District requires that one parking space be provided for each lodging bedroom. Because the lodge unit is a three (3) bedroom unit, it would require three (3) parking spaces. Dwelling units within the underlying Park Zone District are only required to have two (2) parking spaces per dwelling unit. Therefore; using the underlying zone district as a guide, staff feels that the change in use will actually reduce the parking demand. Staff finds this criterion to be met. 3. There will be minimal visual impact on the neighborhood from the change in use. Staff Finding The Applicant has not proposed any changes to the exterior of the building. Therefore, staff does not believe that there will be a visual impact on the neighborhood as a result of the proposal. Staff finds this criterion to be met. 4. Minimal demand will be placed on the City's public facilities from the change in use. 16 Staff Finding Staff does not believe that there will be a considerable amount of additional demand placed on the City's public facilities as a result of the proposed change in use. Staff finds this criterion to be met. 5. No zone change is required. Staff Finding The Applicant has applied to make the multi -family residential use a permitted use within the Maroon Creek Club SPA. Moreover, no zoning change is required. Staff finds this criterion to be met. 6. No more than one residential unit will be created. Staff Finding The Applicant is only proposing to add one residential unit to the property. Therefore, staff finds this criterion to be met. 7. The proposed use is consistent in all respects with the AACR Staff Finding Staff believes that the Applicant's proposal to add a kitchen and thereby convert the existing lodge unit into a multi -family dwelling unit by definition is contradictory to the AACP goal that speaks to maintaining and expanding the City's existing lodging inventory. Moreover, staff does not believe that the proposal provides enough community benefit to outweigh the project's contradiction to this goal. Therefore, staff does not find this criterion to be met. 17 a MAROON CREED CLUB 10 Club Circle Aspen Colorado 81611 • telepbolae 970 920 1533 facsinaile 970 9201095 July 15, 2003 Mr. James Lindt, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Dear Mr. Lindt: This letter is to confirm that Millennium Members of the Maroon Creek Club, Aspen, Colorado, are entitled, according to the terms of the membership agreement, to lease their units. It is entirely up to the individual members whether they choose to lease their units or not. The Maroon Creek Club has no ability to require that the units be offered for rent. Within its existing scope of operations, the Maroon Creek Club is supportive of any Millennium Members who choose to lease their units. This would include providing any services currently available to the members and their guests according to such terms and fees as may be required by their membership agreement. Please, contact my office should you need any further information. Sincerely, •- Scott Erwin General Manager/COO JUN-04-2003 WED 08:37 AM FAX N0, -P. � 02ex Ic MEMORANDUM p O� EQ TO: Stan Clawson, Community Development Director A� r THR.U: Julie Ann moods, Deputy Director FROM: Christopher Bendon, Planner uNii� pEVE�. RE: Maroon Creek Club Lot #51 Insubstantial PUD Amendment DATE; March 18, 1998 SUMMARY: Maroon Creek Club, LLC, represented by Design Workshop, has applied for, insubstantial amendment to an approved PUD for Lot 451 of the Maroon Creek Club Subdivision. This request is to reduce the approved number of lodge units from 12 to 8 and to change the architectural character of the structure; to be similar to the adjacent existing building. The applicant obtained an insubstantial amendment from the Pitkin County Community Development Director; prior to annexation, to alter the architectural character of the existing building. Staff has reviewed this proposed amendment and recommends administrative approval by the Director. APPLICANT: Maroon Creek Club, LLC, Represented.by Design Workshop, lnc. LOCATION: Maroon Creek Club Lot #51. Stage Road and State Highway 82. ZONING: ' Park - Planned Unit Development - Specially Planned Area (P-PUD-SPA). Approved in Pitkin County, BOCC Reso. 93-104. REVIEW PROCEDURE: Insubstantial amendments to an approved. PUD may be approved by the Community Development Director, pursuant to Section 26.84.080. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." The application has been included as Exhibit "B." 1 JUN-04-2003 WED 08:37 AM FAX NO, P. 03 Stafl'reviewed the."character" drawings of the approved and proposed architectural elevations and the reduction in the number of lodge units. Stab considered proposed changes insubstantial, not requiring.review by the City Council. RECOMMENDATION: Staff recommends the Community Development Director approve this Insubstantial PUD Amendment with conditions; APPROVAL: I hereby approve this Insubstantial Amendment for Lot #51 of the Maroon Creek Club Planned Unit Development for the change in the architectural character of the structure and 'the reduction from 12 to 8 lodge units with the fol lowing conditions: 1. This approval is for 8 lodge units. Any development application for other than 8 lodge units shall be reviewed and considered as an amendment, 2. These 8 units shall remain lodge units unless reviewed and approved as a change in use. This prohibits the addition of kitchens. datel t� Sta auson, Community Development Direct r A(vE,PTAKcE: I) as a person being or representing the applicant, do hereby agree to the conditions of this approval and certify the information provided in this application is correct to k the best o F my knowledge. r� date ruee Haz rd, Design Workshop, Inc. Representing Maroon Creek, LLC, owner. ATTACHMENTS: Exhibit A -- -Review Criteria and Staff Findings Exhibit B -- Application 2 JUN-04-2003 WED 08:37 AM FAX NO. P, 04 Exhibit A Review Criteria Insubstantial PUD Amendment. 1. A change in the use or character of the development. Staff Finding, With this proposed amendment, the use remains the same as approved by the County. The iot.ensity of the use is lower - from 12 units to 8 units. The size of the eventual structure remains Ole same with each unit increasing in size. The architectural aesthetics of the project are different from the original approval. The clubhouse building on this parcel was constructed with this new style. The amendment to the original approval for the clubhouse building was approved administratively by the Pitkin County Community Development birector prior to annexation. Pitkin County has two higher levels beyond administrative approval, similar to the City. Staff believes this amendment does change the architectural character of the development. Aesthetics, however, are only one contributing element of a development's character. Staff does not believe this change in architectural character, necessarily needs to be reviewed by the Commission and Council as a substantial amendment. This is consistent with the way in which the County in fact handled the exact saine situation. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. SSaff Finding The proposed structure does cover more ground than the original structure as approved and does shift to the north. According to the developer, the increase in ground coverage is 2.8%, 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff fiudin ; Trip generation and demand for public infrastructure is less with the amendment. 4. A reduction by greater than three (3) percent of the approved open space. staff filwi= The subject area for development was not included as open space during the approval process, 5. A reduction by greater than one (1) percent of the off street parking and loading space. Staff r ind in ,: The applicant is not requesting an amendment to the existing or required number of parking spaces. The reduction in units does not increase the parking requirement. 6. A reduction its required pavement widths or rights -of -way for streets and casements. Staff Finding: r The applicant is not proposing changes to right-of-way widths. JUN-04-2003 WED 08:37 AM FAX NO. P. 05 i I i i I 7. An increase of greater than two (2) perccnt-in the approved gross lea ble floor area of commercial buildings. Staff Cindine: Does not apply. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff Finding: Does not apply to tourist accommodations. 1. Any change which is inconsistent with a condition or representation of the project's original approval or wh ich requires granting a further variation from the project's approved use or dimensional requirements. Staff FindinP-:,. The proposed_ amendment does not require an alteration to the dimensional requirements as established in the PUD. Staff does not feel there are aq elements of this request which are inconsistent with the conditions of approval. CITY OF ASPEN PERMIT # 005.7.2003,ali*m ., * OWNER: CONTRACTOR: STREET ADDRESS: USE CLASSIFICATION: USE ZONE: OCCUPANCY GROUP: OCCUPANT LOAD: DATE ISSUED: TYPE OF CONSTRUCTION: COMMENTS: JIM WILLIAMS KEELTY CONSTRUCTION, INC. 10 MAROON CT ASPEN CO 81611 V1HR THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. THIS CARD MUST BE POSTED SO IT IS PLAINLY VISIBLE FROM THE STREET. FAILURE OF PERMITTEE TO CALL FOR INSPECTION AS PROVIDED BY ORDINANCES MAY RESULT IN PENALTY. INSPECTION 24-HOUR PHONE NUMBER: 920-5448 INSPECTIONS REQUESTED BY 7 AM WILL BE DONE THAT DAY; REQUESTS AFTER 7AM WILL BE DONE THE NEXT DAY. ALLOW THE WHOLE DAY FOR INSPECTION TO -BE MADE. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 970-920-5090 Jolm Niewoeluler, 04:05 PM 07/02/2003 , 7/2/03 -DRC - Maroon Crk Club Page 1 of 1 eyk)\ 10 1,� `C/ X-Sender: Johllll@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Wed, 02 Jul 2003 16:05:17 -0600 To: jerryn@ci.aspen.co.us, nicka@ci.aspen.co.us, timw@ci.aspen.co.us, juliew@ci.aspen.co.us, philo@ci.aspen.co.us, chrisb@ci.aspen. co:us, cindyc@ci.aspen.co.us, amyg@ci.aspen.co.us, edv@ci.aspen. Co. US) stephei-lc@ci.aspen.co.us, jacldel@ci.aspen.co.us, joycea@ci.aspen.co.us, jamesl@ci.aspen.co.us, lindach@ci.aspen.co.us, benl@ci.aspen.co.us, stephene@ci.aspen.co.us, joluil@ci.aspen.co.us, jeffw@ci.aspen.co.us, denism@ci.aspen.co.us, randy@ci.aspen.co.us, richardg@ci.aspen.co.us, tbracewell@aspensan.com, lylu-ib@ci.aspen.co.us, victoria@ci.aspen.co.us, chrisb@ci.aspen.co.us, saraho@ci.aspen.co.us, brianf@ci.aspen.co.us, jannette@ci.aspen.co.us, scottw@ci.aspen.co.us, victoria@ci. aspen. co. us From: Jolu1 Niewoehner <joluu@ci.aspen.co.us> Subject: 7/2/03 DRC - Maroon Crk Club Ii. The DRC met on July 2, 2003 to solicit continents on the proposed addition of a stove to a Maroon Creek Club lodge unit. The addition of a stove would be a minor change to an already approved building permit that allows the owner to convert three lodge units into one dwelling unit. In attendance were: Joluz Howard (applicant), James Lindt (City Plaimer), Ed Van Walraven Fire Marshall)., and John Niewoeluler (City Com-Dev Engineer) The comments are as follows: Fire Department: Rearranging the walls to create one large unit will likely require modifying the sprinkler system and fire alarms to ensure adequate coverage. Prior to demolition of the existing interior walls, a sprinkler inspection by a qualified consultant is recommended. All State Fire Protection designed the MCC spril-lclers and Continercial Specialist designed the MCC alarm system. Parks: Storage of equipment and construction vehicles should not be done under the drip line of trees. Sanitation District: ACSD will do a fixture count during the Certificate of Occupancy walk-through to confirm that there are no additional fixtures. Building Dept.: Due to the change in use (from a lodge unit to dwelling), the new dwelling unit must meet 1998 ANSI Type B adaptable clearance requirements. These requirements specifically affect the handicap accessability of the bathroom. Jolm Niewoeluler Community Development Engineer City of Aspen 13 0 S . Galena St. Aspen CO 81611 920-5104 www.aspenpitkin.com Printed for James Lindt <jamesl@ci.aspen.co.us> 07/02/2003 J UL . 14 . ; 400:� 11: 51 HM 4bS -LN HUUb i Ntz Ut 1, TO: FROM: DST$: RE: Jaxnos L Cindy C July 14, MEMORANDUM Community Development Insen, Operations Manager, Dousing MARO N CREEK CLUB SPA AND PUD AMENDMENT Parcel 13 No. ISSN: U. The applicant is reques g approval to add kitchen facilities (a cooking appliance) to three lodge rooms owned by the a plicant. This conversion will change the lodge moms to multi -family residential units. The property is locateT0b ithin the Maroon Creek Club. The applicant has been given pe=ission by the Maroon Creek to combine three lodge rooms into one three -bedroom unit. This unit will still be utilized asntal unit- when the owner is not in residence. The Maroon Creek De lopment Corporation constructed 39 units of employee housing on, -site satisfying its initial bpi. ;n , mitigation requirements. The General manager states that they are not making any clang �o rnelr staffing levels, job responsibility or operations because of the proposed use. No new ployees will be hired or created with the proposed changed. Aber reviewing the ap lication Staff finds that no now employees would be generated by this conversion of three to a rooms into one residential unit; therefore, no 44ditional employee mitigation would be req ' d. . MEMORANDUM TO: Aspen Plaiming and Zoning Commission �A- THRU: Joyce Ohlson, ommunity Development Deputy Director FROM: Sarah Oates, Zoning Officer RE: Aspen Highlands Village Signage Guidelines PUD Amendment DATE: August 5, 2003 APPLICANT: Aspen Highlands Village and Aspen Highlands Village Association REPRESENTATIVES: Greg Karczewski of Hines Highlands Limited Partnership and Deborah Prince of Beach Resource Management, LLC LOCATION: Aspen Highlands Village ZONING: SKI, R/MF, R-3 0, R-15 and C PUD CURRENT LAND USE: Commercial and ski related operations, single, duplex and multi -family residential PROPOSED LAND USE: No change to the proposed land use. SUMMARY: The applicant requests to adopt signage guidelines specific to the Aspen Highlands Village (AHV) Planned Unit Development (PUD) which varies from the City of Aspen Sign Code. Photo Above: Roof sign as defined per the proposed Aspen Highlands Village sign code. Photo Above: Log sign as defined per the proposed Aspen Highlands Village sign code. REVIEW PROCEDURE The Plaiming and Zoning Conlnllsslon may approve, approve with conditions, or deny a request for a PUD amendment after considering a recommendation from the Community Development Director. BACKGROUND: Hines Highlands Limited Partnership and Aspen 'Highlands Village Association ("Applicahts"), represented by Greg Karczewski of Hines Highlands and Deborah Prince of Beach Resource Management, are requesting approval of an application to adopt signage guidelines for Aspen Highlands Village. Signage guidelines were developed for the village core in 2000 and although similar, the guidelines are not entirely consistent with the City of Aspen sign regulations. Following discussions with City staff, the applicants developed formal signage guidelines. The proposed Aspen Highlands Village PUD signage guidelines were developed in a format similar to the City of Aspen sign regulations. This format is. as follows: ➢ Exempt signs: These signs do not require a permit such as holiday decorations, directional signs and security signs. i . Prohibited signs: Signs such as billboards, flashing signs, signs on the public right-of- way and obsolete signs. ➢ Permitted signs: Signs that are permitted but which require a permit because they must meet certain size and light requirements; these are typically business identification signs. Temporary signs: These signs do not require a permit and are temporary in nature such as real estate signs and sale signs. As mentioned above, there are variations from the City of Aspen sign code. These variations are as follows: City of Aspen Sign Regulations Proposed AHV Signage Guidelines Sandwich board signs prohibited 1 sandwich board sign per business is permitted Hanging/blade signs can be 6 square feet Hanging/blade signs can be 9 square feet Wall signs can be 10 square feet Walls signs can range from 2-3' in height and 4-26' in length Log signs are considered wall signs Log signs can be 5-16' in length and 12-16" in lettering height Corner signs are considered hanging signs Corner signs can be up to 40 square feet Roof signs are considered wall signs Walls signs can range from 2-3' in height and 4-26' in length Freestanding signs can be 10 square feet No size delineation for freestanding signs Neon sighs are prohibited Up to two (2) neon signs are permitted Real estate signs can be up to 3 square feet in size Real estate signs can be up to 5 square feet in size 2 STAFF COMMENTS: Staff believes that the proposed guidelines, which vary from the City of Aspen Sign Code, are acceptable for Aspen Highlands Village. AHV is very much its own place as a mixed -use ski area base village. AHV is not visible from any City of Aspen right-of-way, most of the businesses and signage are not visible from Maroon Creek Road (which currently remains in the County), and the buildings which face Maroon Creek Road, are a significant distance from the road. Further, the Master Association and Hines Highlands developed a sign master plan to help the fledgling businesses in AHV attract customers. This plans includes way finding around the village and sandwich board signs. AHV is contained within private roads, so there are no issues with the public right of way as it relates to sandwich board signs or illumination from neon signs. Also, businesses will be required to get permits for business signs through the City of Aspen so that we can assure compliance. STAFF RECOMMENDATION: Staff believes that the proposal meets the standards for amending a PUD. Therefore, staff recommends that the Planning and Zoning Commission approve the Aspen Highlands Village PUD sign guidelines. RECOMMENDED MOTIONS (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE): "I move to approve Resolution NoZ, Series of 2003, approving a PUD amendment to the Aspen Highlands Village PUD to adopt a sign code for Aspen Highlands Village, attached as Exhibit B ." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Letter of Application Exhibit C -- Proposed Aspen Highlands Village PUD Signage Guidelines EXHIBIT A PUD AMENDMENT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to an approved PUD, the Planning and Zoning Commission and City Council shall consider: 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 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 Finding There is no proposed development related to this PUD amendment, as it is an amendment to allow for different sign code requirements from the City of Aspen sign code. Staff believes the amendment is consistent with the AACP, as the sign code has been undertaken, in part, to efflhance economic sustainability for AIV. Staff finds this criterion has been met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. M 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 Finding The proposed dimensional requirements for the sign sizes at AHV are compatible with the architecture and "theme" of AHV. Most of the signs will be located within the Village, which functions primarily as a pedestrian mall, and will not deter circulation or parking. Staff finds that this criterion has been met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding There is no change to open space or site coverage. The proposed sign code is appropriate to the scale and massing of the surrounding buildings. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable 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 development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding There is no change to the parking requirements with this proposed amendment. Staff finds the criterion has been met. 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: 5 a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding There is no change to the allowable density of Aspen Highlands Village. Staff finds the criterion has been met. 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, mock 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 quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The proposed hazards were considered at the time AHV PUD was approved in Pitkin County. The proposed sign code will not affect this. Staff finds this criterion has been met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific 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 no site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. 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. Staff Finding The applicant is not proposing to increase the maximum allowable density within the PUD. Staff finds this criterion has been met. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 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. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding Staff believes that the proposed sign code enhances the public spaces of, Aspen Highlands Village. The proposed sign code -is one element in a strategy to increase visitorship and aid businesses at Highlands. 7 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: 1. 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. 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. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding There is no change to the landscape plan at AHV. Staff finds this criterion has been met. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is- based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 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 intended use, and respect the scale and massing of nearby historical and cultural resources. 2. incorporate, 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 shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. E6 Staff Finding Staff believes the proposed sign code and sign master plan for AHV will enhance the architectural interest, variety, character, and visual identity in the proposed development. The code appropriately relates with the surrounding buildings and the character of the signs is suitable for AHV. F. Lighting. 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. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site tn features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up -lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding All outdoor lighting on the building shall comply with the Aspen Highlands Village PUD Lighting Standards. The AHV PUD Lighting Standards prohibit exterior neon; therefore businesses will have to keep any neon signs on the inside of the business to comply with the regulations. G. Common Park, Open Space, oi- Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the .following criteria shall be met: 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 the 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. a 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 Finding The applicant is not proposing to add any additional common park or open space as a result of the proposal. In addition, the proposal will not reduce the amount of open space in the PUD. Staff finds this criterion to be met. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the 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 improvement. Staff Finding The utilities and public infrastructure on the site are existing. Staff believes that the proposed amendment will not place a greater demand on the utilities or site improvements., than currently exists. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 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. 10 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and,the rivers are provided through. dedicated public trail easements and are proposed for appropriate improvements and maintenance. 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. 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. 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 The vehicular and pedestrian access is not proposed to change as a result of the proposed amendment. Due to the commercial square footage within the Village, staff does not believe the number of sandwich board signs will adversely affect pedestrian use of AHV. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this .criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following:, 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior- to the respective impacts associated with the phase. 11 Staff Finding This criterion, is not applicable to the proposed PUD amendment. 12 RESOLUTION N0. O%v (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE ASPEN HIGHLANDS VILLAGE PLANNED UNIT DEVELOPMENT (PUD) SIGN GUIDELINES, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Connnunity Development Department received an application fiom Hines Highlands Limited Partnership and the Aspen Highlands Village Association requesting approval for sign guidelines specific to the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, the applicable code standards, and the Community Development Department recommended approval of the sign guidelines for the Aspen Highlands Village PUD; and, WHEREAS, the Aspen Planing - and. Zoning Commission has reviewed and considered the development proposal under the. applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, during a duly noticed public hearing on August 5, 2003, the Planning and Zoning Commission approved, by a _ to _ L j vote, the Aspen Highlands Village PUD Sign Guidelines included in the staff memorandum as Exhibit "C" ; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY, THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Sectinn 1 Pursuant to the procedures and standards set forth in Section 26.310 of the City of Aspen Land Use Code, the Planning and Zoning Commission approves the Aspen Highlands Village PUD Sign Guidelines that were reviewed by the Planning Commission on August 5, 2003 and were included in the staff memorandum as Exhibit "C." Section 2: 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 Plaiuung and Zoning Coimission or City Council, are 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 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending Colder or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Sertinn 4- If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Plaiming and Zoning Conunission of the City of Aspen on this 5t" day of August 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair 712812003 Aspen Highlands Village P.U.D. Amendment Aspen Highlands Village Signage Guidelines & Regulation Amendment Request This is a request for an amendment to the Aspen Highlands Village ("AHV") Planned Unit Development ("PUD"). The AHV PUD Detailed Submission Consolidated Plan was approved by the Pitkin County Board of County Commissioners as Resolution #97-167 and was recorded at the Pitkin County Clerk and Recorder's Office on September 9, 1998 at Reception No. 422629. The AHV PUD was then adopted in its entirety by the City of Aspen by Resolution when the property was annexed into the City of Aspen (Pitkin County Reception No. ). Hines Highlands Limited Partnership ("HHLP"), the PUD applicant, and the Aspen Highlands Village Association, the primary association governing the Aspen Highlands Village development, hereby request to amend the ARV PUD and to secure the City of Aspen approval of such amendment in order to define a code for signage ("Signage Guidelines") specific to Aspen Highlands Village and outline the process for administering the same. This amendment is requested for the following reasons: 1. Aspen Highlands was designed, planned, approved and constructed with a unique architectural aesthetic that is integral to the quality of the, visitorand owner experience for Highlands and that is unique from the City of Aspen proper. The signage program that complements this unique architectural aesthetic is an important component of the overall aesthetic and function and also requires a set of Signage Guidelines that are unique from the City of Aspen guidelines. 2. The Aspen Highlands Village Association, the primary association governing the Aspen Highlands Village development, was established, among other things, to maintain the design guidelines for the property and to enforce all covenants for the benefit of all owners in Aspen Highlands Village. These guidelines and enforcement obligations specifically include signage. Therefore, the Aspen Highlands Village Signage Guidelines should reflect the role of the Aspen Highlands Village Association in reviewing signage applications and administering the Signage Guidelines within the development through its Design Review Board process and function. Please find a copy of the Aspen Highlands Village Planned Unit Development Amendment - Signage Guidelines attached as Exhibit A. We hereby request City of Aspen Planning & Zoning Commission approval of this amendment to the Aspen Highlands Village PUD. The document outlines a unique Signage Guideline for the Aspen Highlands Village signage program that is consistent with the aesthetic and programming goals of the development. It also outlines a two step process for approval of new signage within Aspen Highlands Village. First the new sign applicant must obtain Aspen Highlands Village Association Design Review Board approval and secondly, the applicant must gain a Sign Permit from the City of Aspen. This structure best protects both the interests of the City of Aspen and the interests of the Aspen Highlands Village Association. Page 1 of 2 F-X ito++ fs 712812003 Respectfully submitted, Robert E. Daniel, Jr. Vice President Hines Highlands Limited Partnership 0 Deborah Prince , Manager & Design Review Board Administrator Aspen Highlands Village Association Page 2 of 2 Aspen Highlands Village Planned Unit Development Amendment Signage Guidelines 6.1 Aspen Highlands Village Signage Guidelines Contextual Note This Signage Guideline was adopted by the Aspen Highlands Village Association Design Review Board on , 2003 as Chapter 6 of the Aspen Highlands Design Guidelines and the Aspen Highlands Village PUD was amended to include these Signage Guidelines by the City of Aspen Planning & Zoning Commission on 2003. In cases where the contents of this Chapter conflict with other portions of the Aspen Highlands Village Design Guidelines, the contents of this Chapter shall take precedence and shall provide the basis for decision. 6.2 Purpose The purpose of the Aspen Highlands Village Signage Guidelines is to: A. Promote the public health, safety and welfare of Aspen Highlands Village through a comprehensive system of reasonable, effective, consistent, content -neutral and non-discriminatory sign guidelines and requirements. B. Preserve and maintain Aspen Highlands Village as a pleasing, visual attracti-e mixed use community and to enhance the attractiveness and economic well-being of Aspen Highlands Village as a place to live, vacation and conduct business. C. Address community needs relating to mailitaining the quality of the guest experience, preserving and enhancing the high quality human existence, preserve the architecturally unique character of Aspen Highlands Village, fostering the alpine neighborhood quality of Aspen Highlands, and preserving and enhancing scenic views. D. To ensure that the signage program for Aspen Highlands compliments the unique architecture and aesthetic of Aspen Highlands and encourage signs that are appropriate for the intended goal and consistent with the overall aesthetic and vision of Aspen Highlands Village. E. Outline the process for gaining City of Aspen permits and Aspen Highlands Village Design Review Board approval for new sign installation. F. Enable the identification of places of residences and business and allow for the communication of information necessary to conduct commerce and navigation of Aspen Highlands Village. G. 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. H. 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 which may result from improper placement, illumination, animation or size 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 motorist, bicyclists or pedestrians. These Guidelines shall apply to all signs of whatever nature and wherever located within the Aspen Highlands Village P.U.D. No sign shall be allowed except as permitted by this -Chapter. 6.3 Procedure for sign permit & approval — a two step process A. Required Process. A two step process shall be required to gain a City of Aspen sign permit for areas within the Aspen Highlands Village P.U.D. Page 1 of 10 Aspen Highlands Pillage PUD Amendment—Signage Guidelines, Version 1.0 - 712512003 4:11 PA7 1. Aspen Highlands Village Design Review Board Approval: First, the applicant must submit a sign review application to the Aspen Highlands Village Design Review Board (DRB) for review and approval. It shall be considered a violation of Aspen Highlands Village Association covenants to erect, place, construct, reconstruct, or relocate any sign without first obtaining a sign installation approval from the Aspen Highlands Village DRB. 2. City of Aspen Signage Permit Process: Once the applicant has received DRB approval, the applicant is eligible to submit to the City of Aspen for a Sign Pennit. It shall be unlawful to erect, place, construct, reconstruct, or relocate any sign without first obtaining a sign pen -nit from the City of Aspen Chief Building official. No City of Aspen sign permit shall be issued without DRB approval. B. Exeml_)t signs. The following signs or sign activities shall be exempt from obtaining a sign approval. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all of the applicable provisions of this Guideline. The exemption shall only apply to the requirement .for approval. Preventive maintenance. The ordinary preventative maintenance of a lawfully existing sign which does not involve the 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. 3. Directional or Instructional Signs. Signs, not exceed six (6) inches by thirty (30) inches in area, which provide direction or instruction to guide persons to facilities intended to serve the public. Such signs include those identifying rest rooms, 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 materials of any kind is strictly prohibited on direction or instructional signs. 4: Fine Art. Works of fine art which in no way identifies or advertise a person, product, service or business. Flags. Flags, emblems and insignia of political or religious organizations providing such flags are displayed for noncommercial purposes and are displayed in a tasteful and non - intrusive manner with respect to size, location and color. However, in order to maintain a consistent aesthetic within the Village Core, flags, emblems and insignia of political or religious organizations are specifically prohibited from display on the exterior of private residences or privates residences' balconies within the Village Core. The City of Aspen and the Design Review Board hereby reserve the right to request that flags that in their opinion do not meet these requirements are replaced or removed. 6. Government signs. Signs placed or erected by governmental agencies (including but not limited to the Aspen Highlands Village Metropolitan District, the "District") 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, signs of public services companies indicating danger, and aids to service and safety which are erected by, or for the order of government. 7. Holiday Decorations. Noncommercial signs or other materials (e.g. string lights) temporarily displayed on traditionally accepted civic, patriotic, and/or religious holidays, provided that such decorations are maintained in a safe condition, are displayed in a tasteful and non - intrusive manner with respect to size, color, quality and location and do not constitute a fire hazard. However, in order to maintain a consistent aesthetic within the Village Core, noncommercial signs or other materials (e.g. string lights) temporarily displayed on traditionally accepted civic, patriotic, and/or religious holidays are specifically prohibited from display on the exterior of private residences or privates residences' balconies within the Village Core. The City of Aspen and the Design Review Board hereby reserve the right to Page 2 of 10 Aspen Highlands Pillage PUD Amendment— Signage Guidelines Version 1.0 - 7/2512003 4:11 PAY request that holiday decorations that do not in their opinion meet these requirements are replaced or removed. 8. 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, District property, or private property so as to be visible from public right-of- way where the apparent purpose if to advertise a product, service or activity, or direct people to a business or activity located on the same or nearby property. 9. Interior- signs. Signs which are fully located within the interior of any building or within an enclosed building or court of any building, which are not visible from public space, adjacent lots or areas outside the building, and signs not to exceed 30" x 42", located within the inner or outer lobby, court or entrance and not attached to the window or interior storefront of any commercial space which are intended solely for information relating to the interior operation of the building in which they are located. 10. Residential Name and Address Identification Markers. Withal Aspen Highlands Village P.U.D., Block D ("Village Core"), non -reflective letters and numbers not to exceed three inches (3") in height, mounted near (or on) the door of a particular condominium unit, that identify the unit number of the unit and are consistent in style and size with the other units numbers on the building. For non -Village Core areas ("Neighborhoods"), residential name and address identification markers are non-exempt and require the Design Review process. 11. Public Notices. Official government notices and legal notices. 12. Memorial Signs. Memorial plaques or tablets when cut into masonry surface or when constructed of bronze or other incombustible materials or other remembrances of persons or events that are noncommercial in nature. 13. 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 must be installed only on private property. 14. "A" Frame Sandwich Boards or Free Standing Signs Each commercial owner or tenant within the Village Core is permitted to place either one (1) .sandwich board or one (`l�) free standing sign to identify or advertise their business or service within ten (10) feet�of the door to their operation and in a location that does not interfere with pedestrian ingress/egress. The signs must conform in color, style and dimension to the Design Review Board approved signs on file with the Aspen Highlands Village Association. Each commercial owner or tenant within the Village Core that is in a location that does not have plaza frontage (i.e. adjacent to the brick paver pedestrian plaza) is permitted to place one (1) additional direction sign, either sandwich board or free standing sign to direct patrons to their location. Signs must conform to the Design Review Board standards and the location of said sign is subject to Design Review Board approval. C. Application. For all non-exempt signs (i.e. signs not identified in Section 6.313), an application for a sign approval shall first be submitted to the Aspen Highlands Village Association Design Review Board and shall include the following information: 1. That information required on the form provided by the City .of Aspen Community Development Director; 2. The Aspen Highlands Village DRB Design Review Fee, if required by the Design Review Board; Page 3 of 10 Aspen Highlands Pillage PUD Amendment — Signage Guidelines Version 1.0 - 712512003 4:11 PA.' 3. A letter of consent from the owner of the building or space that will include the sign, if the applicant is not the owner or tenant; 4. Proposed location of the sign on the building or parcel; and 5. A blueprint or ink drawing of the plans, specifications, and method of construction of the sign and it's supports, showing, proposed dimensions, materials, and the type, intensity, color and design of the sign's illumination, if any. D. Determination of C0777pleteness & Compliance. Only applications that have been submitted complete will be considered for compliance and approval. Once the application is complete, the Design Review Board shall review the application and determine its compliance and consistency with the purposes, requirements and standards in this Chapter, the Design Review Board shall approve, approve with conditions or deny the development application for a sign approval. Once the Design Review Board has issued a letter of approval, the applicant shall submit a duplicate set of the items outlined in Section 6.3.0 as approved by the DRB and a copy of the DRB approval document to the City of Aspen Community Development Department for Sign Pen -nit review and issuance. No construction shall begin until the Sign Permit has been issued by the City of Aspen. 6.4 Prohibited Signs The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in Aspen Highlands Village P.U.D. A. Billboards and other off -premise signs. Billboards and other off -premises signs. B. 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 (e.g. LED and chaser lights). C. 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. D. 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 shall be taken down by the owner, agent or person having beneficial use of such sfgn within ten (10) days after written notification from the City of Aspen or the Aspen Highlands Village Association, and upon failure to comply with such notice within the time specified in such order, the City of Aspen or the Aspen Highlands Village Association is hereby authorized to remove the sign, and any expense associated with the removal shall be paid by the owner of the property on which the sign was located. E. Temporary Signs carried by a person F. Search lights or beacons. G. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any public space, adjacent lot, or building other than the building to which the sign may be accessory. H. Signs containing untruthful or misleading information. I. 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 party, interferes with an opening required for legal ventilation, or is attached to or obstructs any standpipe, fire escape, or fire hydrant. Page 4 of 10 Aspen Highlands Fillage PUD.41nendnenl—Signage Guidelines Version 1.0.- 712512003 4: 11 PAY J. 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 or public space where the apparent purpose is to advertise a product (e.g. a "for sale" sign), 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. K. Signs in public right-of-way or public space. A sign in, on, over or above a public right-of-way or public space (e.g. District property) that in any way interferes with normal or emergency use of the public right- of-way. L. Strings of light or 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. M. Unsafe signs. Any sign which: is structurally unsafe; constitutes a hazard to health or safety by reason of inadequate maintenance or ctijapidation; is not kept in good repair; is capable of causing electric shock to persons likely to come in contact with it; 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 government regulatory or informational sign; uses any words, phrases, symbols or characters that in any way creates an unsafe distraction for vehicle operators or pedestrians; obstructs the view of pedestrians or vehicle operators from making safe travel; is located on trees, rocks, light poles or utility poles, expect where required by law or installed by a governmental entity; 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 or drive. N. 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. O. Mail boxes. Mail boxes, including mail boxes marked with address identification markers. All mail within Aspen Highlands Village shall be collected and delivered to the central post office within Block D of Aspen Highlands Village PUD. 6.5 Signage Guidelines A. General. The architecture and aesthetic of Aspen Highlands Village is founded in the tradition of American, rustic, alpine design. The West has a long tradition of small town Main Street shop signs. The most successful are those designed, and often created, by local shop owners to express the nature of the wares they sell. Those signs typically become more elaborate as their business became more prosperous. At Aspen Highlands, the goal is to create a unique and eclectic atmosphere and avoid the repetitive shopping center feel resulting from strict tenant sign regulations. Consequently, the following sign guidelines are. established to provide general parameters and overall restrictions around the types and amount of signage permitted within the AHV retail corridor (AHV PUD, Block D) in order- to ensure that the signs that are installed are consistent and complement the aesthetic. Page S of 10 Aspen Highlands ["illage PUD Amendment — Signage Guidelines Version 1.0 - 712512003 4:11 PM Ultimately, the Design Review Board will have the decision making authority to deem a particular sign or sign program as consistent or inconsistent with the guidelines and vision of Aspen Highlands Village and the overall sign restrictions provided herein. As an aide to the Design Review Board and the signage approval applicant, a copy of the Signage Guidelines as developed by the architectural design team as part of the design process for the development are on file at with the Aspen Highlands Village Association. These guidelines demonstrate several historical examples of signs that are consistent with the AHV atmosphere and they also depict a potential layout or placement of each type of sign on the various building facades. B. Materials. Natural materials are to be used whenever possible. Painted wood or metal signs with flat, carved or dimensional letters are preferred. Gold or silver leaf or screen printed signs on glass are also options. Molded or injected plastic or vinyl signs or sign materials are prohibited. C. General Sian Types & Dimensions. The following sign types are encouraged at Aspen Highlands Village. Signs can vary in shape in size depending on the type of signs and.the overall signage plan for the particular building. Ultimately, the requirements for each sign will depend on the location and purpose of, the sign and final determination on these criteria are at the discretion of the Aspen Highlands Village DRB provided that they meet the overall sign restrictions provided in this Section. Sian Surface Area Measurement The sign Surface Area as used herein shall determined for each sign or graphic as follows: (1) for rectangular signs the width and height shall be measured and then multiplied together to determine the Surface Area; (2) for irregularly shaped signs or graphics, the surface area shall be calculated by determining the width and height of the smallest rectangle that would completely include all of the elements of the individual sign or graphic and then multiplying those values together to determine the overall Surface Area of the sign for the purposes of this guideline. Village Core Only 1.. Blade Signs. Blade signs are two sided signs which mount perpendicular to the building fagade, typically hanging from a decorative bracket. Blade signs shall not exceed twelve (12) square feet in Surface Area (one side). Variance may be allowed based on overall density or massing of the sign(s). 2. R 'all Signs. Wall signs are typically one-sided panel or pan signs attached to a building. They can also be painted directly on buildings or be cut or fabricated dimensional letters applied to the building facade. Walls signs painted directly on the side of buildings will be reviewed on an -individual basis for size, image, impact, etc. Not all buildings in AHV are suited for this type of sign, but painted signs would be appropriate on Trailhead Lodge (Building 4) and Maroon Creek Station (Building 5). Wall signs shall not exceed one hundred (100) square feet in Surface Area. Several of the buildings within AHV Block H have been equipped with frames for wall signs above the specific retail location. For these locations, wall signs applied to the frames must not reach outside of the outer limit of any sign frame. Sign frames on the building range in size from approximately 2'-3' in height and 4'-26' in length. 3. Log Signs. Log signs can be created either by carving letters or attaching letters to existing timber members on specific buildings or by suspending a new rough sawed timber from the building. Logs range in size from approximately 6" to 3' in diameter and 5' to 16' in length. Typical font size for lettering in 12" to 16". 4. Corner Signs. Corner signs are similar to blade signs, but are located on the cornet- of a building so they can be seen from several angles. Corner signs are larger by design because they have the ability to reach higher along the building corner and therefore a large overall size is permitted. The sign Surface Area ('one side) shall not exceed forty (40) square feet. 5. Roof Signs. Roof signs are typically panel signs permanently fixed to the roof of some buildings. These signs are appropriate for Maroon Creek Station (Building 5) and Highlands Center (Building 7). Page 6 of 10 Aspen Highlands Village PUD Amendment — Signage Guidelines F'ersion 1.0 - 712512003 4: 11 PAII Roof signs are similar to wall signs and should range in the 2'-3' in height and 4'-20' in length dimension and the Surface Area shall not exceed forty (40) square feet. 6. 147indow Signs. Window signs are in keeping with the Aspen Highlands Village architecture. Window signs can talce several forms: etched glass, gold or silver lead signs, signs painted to the back of the glass, signs hung inside the front window or signs created by vinyl cut letters. Signs may not be attached to the outside of the windows. Window signs must fit within each window pane or can span two or three panes with DRB approval. Any individual window sign shall not exceed nine (9) feet in Surface Area. 7. Awning Signs. Awning signs or text are permitted as part of a businesses signage program. However, the lettering on the awning shall not exceed six (6) inches in height and the entire graphic shall not exceed 6 square feet in Surface Area for any individual awning. A variance may be considered based on scale of graphic on proposed awning. 8. Business Directory or Directional Signs. Business directory or directional signs can be freestanding or wall signs. The DRB shall govern the location, aesthetic and number of directory signs as they deem appropriate for AHV as the Village Core evolves. Neighborhoods Only I . Residential Name and Address Identification Markers. Identification signs or address markers must be consistent with the architectural themes in the Design Guidelines with respect to design, materials and lighting: Examples and specifications of acceptable identification markers are on file with the Aspen Highlands Village Association. The identification sign must be installed within twenty (20) feet of the intersection of the driveway and the public road. D. Village Core Aggregate Signage Plan Surface Area Restriction For all commercial spaces within the Village Core, the aggregate sign Surface Area (in square feet) of the overall signage program for each individual business shall not exceed 2.25 square foot of aggregate Sign Area for each linear foot of exterior wall for the individual business. The total sign Surface Area shall be the sum of the Surface Areas of all of the exterior signs as identified in Section 6.5C relating to the individual business in question. For signs with two sides (e.g. blade signs and corner signs), the surface area of both sides of the sign shall be included in the calculation of the aggregate Surface Area. The aggregate surface area restriction is the maximum allowable surface area for an individual space; however, the Design Review Board reserves the right to require a particular applicant to a lower maximum aggregate Surface Area as the scale of the storefront might dictate. E. Sign Mounting Requirements 1. Signs shall be mounted with black matte or non-metallic (no glare) hardware. F. Sign Illumination 1. Prohibited illumination. No sign shall be illuminated through the use of internal illumination, rear illumination, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. 2. Use of Neon. The use of neon will be permitted but will be strictly regulated as to size, location, and color. The approval or disapproval of the proposed use of neon shall be at the discretion of the Design Review Board. However, neon shall not be used in more than three (3) applications total within the Village Core and the total length of neon permitted within the Village Core shall not exceed 30 linear feet. 3. 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 motorists vision. Page 7 of 10 ,Aspen Highlands Village PUD Amendment — Signage Guidelines 1/ersion 1.0 - 712512003 4:11 PAI Conformance with PUD Lighting Standards. All proposed sign illumination shall conform to the lighting guidelines established in the AHV PUD as approved by the Pitkin County Board of County Commissioners and as filed with the Pitkin County Clerk & Recorder. G. Graphic designs. 1. In reviewing the sign approval application the Aspen Highlands Village Design Review Board and the City of Aspen shall review a proposed sign graphic design in the following context: a. Does it harmonize with the structure or structure on the parcel on which it is painted; b. Is it compatible with the other signs or graphic designs on the premises; c. - Is it suitable and appropriate to the aesthetic of Aspen Highlands Village; d. Is it well designed and pleasing in appearance; e. Does it constitute a nuisance to the occupants of adjacent oi- contiguous property; f. Is it detrimental to property values; g. Does it constitute a traffic and safety hazard because it is distracting, or is not considered obscene, lewd, indecent or otherwise offensive to public morals; and shall issue approval, disapproval or contingent approval at its discretion. The Aspen Highlands Village Design Review Board and the City of Aspen may attach to its approval of the application, any conditions which in its judgment are necessary to carry out the purpose and intent of the review standards. The Aspen Highlands Village Association or`the City of Aspen may also require annual maintenance inspections of the design by the Association Manager- or City employee, and revoke any sign approval issued if a graphic design is not maintained. H. Structural characteristics The following limitations shall apply to all freestanding, projecting and wall signs: 1. Freestanding Signs. Free standing signs shall not be higher than four (4) feet in height and shall be non-metallic and consistent in style and form of the freestanding sign as approved by the Design Review Board and on file with the Aspen Highlands Village Association. Projecting Signs — Corner or Blade Signs. Projecting signs shall be a minimum of seven (7) feet above grade when located next to or projecting over a pedestrian way and shall not extend more than five (5) feet from the building wall to which they are attached, except where such a sign is integral part of an approved awning or canopy. 3. TVall & Roof Signs. No sign part, including cut out letters shall project more than six (6) inches from the building wall. Signs on public right-of-way It shall be considered unlawful to erect or maintain any sign in, on, over or above any land or right-of-way or on any property, including lightposts, belonging to the City of Aspen without the permission of the City Council or belonging to the Aspen Highlands Metropolitan District without the permission of the District Board. However, this section shall not 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. 6.6 Temporary signs A. General. All signs that are temporary in nature must conform to the requirements of this section: If the temporary sign does not conform to this section, the applicant must follow the procedure outlined in Section 6.3. B. Temporary Sign Types and Requirements. 1. Temporary Realtor Signs. "For Sale" signs that identify the agent and their contact information shall be subject to the following: a. Type: The sign shall strictly conform in design, color and dimension to the approved DRB realtor sign on file with the Aspen Highlands Village Association. The agent is permitted to use their standard sign for a period of no longer than fourteen (14) days while the approved sign is being fabricated. b. Number & Location: One (1) sign located on the property being sold. Page 8 of 10 Aspen Highlands Tillage PUD A177end171ent — Sig»age Guidelines Version 1.0 - 712512003 4:11 PA7 c. Duration: Sign may be displayed from the beginning of the listing period for the property until three (3) days after the sale of the property. 2. Temporary Open House Suns. "Open House" directional and.identification signs that identify the property hosting the open house and direct interested parties to the property shall be subject to the following: a. Type: The sign shall strictly conform in design, color and dimension to the approved- DRB open house sign on file with the Aspen Highlands Village Association. b. Number° & Location: One (1) sign located on the property hosting the open house and no more than two (2) directional signs for the open house event. The signs must be erected in a location that doesn't impede vehicular or pedestrian traffic safety. During multiple open house events occurring during the same period, only one (1) directional sign is permitted per intersection. c. Duration: Sign may be displayed from the twenty-four (24) hours .before the event to twenty-four (24) hours after the event. 3. Temporary Neighborhood Construction Suns. Signs displayed during the construction process that highlight the realtor, contractor or designer shall conform to the following: a. Type: The sign shall be a free standing sign and strictly conform in design, color and dimension to the standard Design Review Board sign for this purpose that is on file with the Aspen Highlands Village Association and shall not -exceed sixteen (16) square feet in area. b. Number & Location: One (1) sign located on the property under construction and visible from an adjacent roadway and/or entry to the property. c. Duration: Sign may be displayed for the duration of construction or eighteen (18) months, whichever is less. . 4. Temporary Flyers or Announcements. Signs posted for promotion of events, offerings, entertaimnent, etc. shall conform to the following: a. Type: Signs and flyers shall not be affixed via visible tape or staples. b. Number & Location: No more than two (2) signs are permitted in the window/storefront adver-tiging a specific promotion. Signs are not permitted on public property = light poles, fences, columns, windows, building storefronts, etc — without Design Review Board manager approval. c. Duration: Sign may be displayed for the duration of three (3) weeks prior to the event or offering and shall be removed within two (2) days of the completion of the event or offering. 5. Temporary political signs Temporary political signs announcing political candidates seeking public office, political parties, or political and public issues shall be subject to the following: a. Type: Signs shall be a wall sign or banner not exceeding three (3) square feet. b. Number & Location: hi the Village Core, the only approved location for posting temporary political signs is on the -bulletin board in the Aspen Highlands Village post office and only one (1) sign is permitted for each candidate seeking office. In the Neighborhoods, one (1) sign is permitted per property. Temporary policitical signs are not permitted on public or District property under any circumstances. c. Duration: Sign may be erected or maintained for a period not to exceed thirty (30) days prior to the election date to' which the signs are applicable and shall be removed within seven (7) days following such election. Temporary political signs concerning issues or candidates which are not on ballot may be maintained for a period not exceeding thirty (30) days. 6. 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 and shall not exceed three (3) square feet. Sale signs are not permitted on the exterior storefront of the business holding the sale. Page 9 of 10 Aspen Highlands Village PUD An7endment — Signage Guidelines Version 1.0 - 712512003 4:11 PAY b. Number& Location. There shall be permitted not more than one (1) temporary sale sign in any window and a total of not more than three (3) signs for each use. C. Duration. Except for the end of season period from March 1 through April 15, 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 sale, whichever shall occur first, and shall not be replaced for at least 3 months following the removal of signs. Temporary banners, pennants, streamers, balloons, and other gas filled figures. Temporary banners, pennants, streamers, balloons or other gas filled figures advertisma special campaign, drive, activity, or event of a civic, philanthropic, educational, or religious organization for non- commercial purposes., subject to the following: a. Type: All types must be reviewed and approved by the Design Review Board b. Number & Location: Number and location shall be subject to the written approval of the Aspen Highlands Village Association Manager. c. Duration: Any temporary signs may 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 schedule to occur and shall be removed within three (3) days of the termination of such campaign, drive, activity or event. 6.6 Signage Guideline Enforcement The Aspen Highlands Village Association hereby reserves the right to enforce the signage guidelines and approvals issued by the Design Review Board regarding signage to the fullest extent penmitted with respect to Association covenants and rules and regulations under the Declaration for the Aspen Highlands Association. The enforcement process shall include: site walks to review the development for signage guideline violations, issuing letters of violation, issuing fines or penalties for non-compliance, and the final action of placing a lien on the offending individuals -property if they remain in violation. The City of Aspen also maintains its right to enforce the Aspen Highlands Village PUD requirements as permitted by law. Page 10 of 10 Aspen Highlands Pillage PUD A177endMent — Signoge Guidelines Version 1.0 - 712512003 4:11 PAI1 EXHIBIT B PHOTOS OF FIRST STORY ELEMENTS The picture to the left shows an existing house in the West End that would comply with the new First Story Element code .language. It provides the First Story Element with the front door and overhanging roof and columns and then has a small deck over a portion of the first story setback from the First Story Element. This house is also an example of how a building could comply with the new ordinance for First Story Element. Even though the deck over the first story is very prominent, the portion of roof to the left of it does not have a deck and would therefore comply with the requirement (although it is probably not extended 6' out from the front fagade, as the new language requires). This is another example of how a house could comply with the new language and still have a deck over the first story on the front fagade. The portion of the house on the left would be considered the First Story Element. L The house here would not comply with the new language because it has a deck over the first story element and because the element is not 6' from the front facade (and possibly does not constitute 20% of the width of the front facade). This is an example of a house that complied with the previous code language, but would not comply now because roofs by themselves are not enough to comply and its not at least 6' from the front facade. A simple roof on this facade does not provide much break-up of the mass and does not define a "first story element". &IE- 9/S103 Proposed Change of Language to "No 2 Applications on One Property" No Multiple Applications. The City of Aspen shall not accept or review more than one development application concurrently on any one property or portion of a property. To submit a new application on a property, any active development application must be vacated. Upon determining there is a public purpose to be served, the Community Development Director may waive this limitation.