HomeMy WebLinkAboutcoa.lu.ca.Commercial Design&Ped Amenity.0028-05
City of Aspen Community Development Dept.
CASE NUMBER
0028.2005.ASLU
PARCEL ID NUMBER 2735-12-4-46-801
PROJECT ADDRESS 130 S GALENA ST
PLANNER
CHRIS
HENDON
CASE DESCRIPTION CODE AMENDMENT:COMMERCIAL DESIGN & PEDESTRIAN AIV
REPRESENTATIVE CHRIS HENDON 429-2765
DATE OF FINAL ACTION 4/4/2005
CLOSED BY Denise Driscoll
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ORDINANCE NO.5
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.412 -
COMMERCIAL DESIGN REVIEW, SECTION 26.575.030 - PEDESTRIAN
AMENITY, AND SECTION 26.575.060 - UTILITYffRASHlRECYCLE SERVICE
AREA OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Director of the Community Development Department to
propose amendments to the Land Use Code, part of the City of Aspen Municipal Code,
related to the Infill Report, a report developed by a city-commissioned advisory group,
the Infill Advisory Group, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the purpose of the Infill Program is to implement action items
identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a
report commissioned by the City of Aspen in 2000), recommendations of the Infill Report
(a report produced by the Infill Advisory Group in January, 2002), and the
Recommendations of the Economic Sustainability Committee (a joint project between the
City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute
Community Forum concluded in September, 2002) that call for:
. intensification ofland uses within the traditional townsite.
. focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city.
. retention of existing commercial and lodging uses.
. increased vitality of the downtown retail enviromnent.
. rejuvenation of aging commercial properties.
. development of mixed-use buildings with housing opportunities for locals.
. revisions to, or elimination of, identified barriers to successful infill development
such as the costs of development exactions, growth management penalties for
redeveloping buildings, and the length and uncertainty of approval processes.
. revisions to the strategy implementing growth management to emphasize quality
of development as opposed to just the quantity of development.
. balance between the community and the resort aspects of Aspen.
. sustainability of the local social and economic conditions.
. The creation of a development enviromnent in which private sector motivation is
leveraged to address community goals; and,
WHEREAS, the amendments herein relate to the following Sections of the Land
Use Code, Title 26 of the Aspen Municipal Code:
26.412 - Commercial Design Review
26.575.030 - Pedestrian Amenity
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26.575.060 - Utility/Trash/Recycle Service Area; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of
the proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on
September 3, 2002, continued to September 17, 2002, continued to September 24, 2002,
continued to October 1, 2002, continued to October 8, 2002, continued to October 15,
2002, continued to October 22, 2002, continued to October 29, 2002, continued to
November 5, 2002, continued to November 12, 2002, continued to November 19, 2002,
continued to November 26, 2002, continued to December 10, 2002, and continued to
December 17, 2002, took and considered public testimony at each of the aforementioned
hearing dates and the recommendation of the Community Development Director and
recommended, by a five to one (5-1) vote, City Council adopt the proposed amendments
to the land use code by amending the text of the above noted Chapters and Sections of the
Land Use Code; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Chapter 26.412, Commercial Design Review, which Chapter describes process and
criteria for reviewing the design of commercial, lodging, and mixed-use buildings, shall
read as follows:
26.412
COMMERCIAL DESIGN REVIEW
26.412.010 Purpose.
26.412.020 Authority.
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26.412.030
26.412.040
26.412.050
26.412.060
26.412.070
26.412.080
26.412.090
Applicability.
Procedure
Review Criteria.
Commercial Design Standards.
Suggested Design Elements.
Amendment of Commercial Design Review Approval.
Appeals
26.412.010 Purpose.
The purpose of Commercial Design Review is to preserve and foster proper commercial
district scale and character, and to ensure that Aspen's commercial areas and streetscapes
are public places conducive to walking. The review standards do not prescribe
architectural style, but do require certain building elements contribute to the streetscape.
The character of Aspen's commercial district is largely established by the variety of uses
and the relationship between front facades of buildings and the streets they face. By
requiring certain building elements to be incorporated in the design of new and
remodeled buildings, storefronts are more appealing and can contribute to a well-
designed, exciting commercial district.
Accommodation of the automobile within commercial districts is important to the
consistency and quality of pedestrian streetscapes. The standards prescribe certain
methods of accommodating on-site parking to achieve enviromnents conducive to
walking.
Acknowledgement of the context that has been established by the eXlstmg built
enviromnent is important to protecting the uniqueness of the town. To achieve
compatibility, certain standards require building elements to be influenced by adjoining
development, views, pedestrian malls, or sun angles.
Finally, along with creating architecturally interesting and lively primary streets, the
pedestrian nature of downtown can be further enhanced by making alleys an attractive
place to walk. Store entrances and display windows along alleyways are encouraged to
augment, while not detracting from, the pedestrian interest of primary streets.
26.412.020 Authority.
The Planning and Zoning Commission, in accordance with the procedures, standards, and
limitations of this Chapter and of Common Development Review Procedures, Section
26.304, shall approve, approve with conditions, or disapprove a land use application for
Commercial Design Review, pursuant to Section 26.412.050, Review Criteria.
If the land use application is subject to review by the Historic Preservation Commission
and the application has been approved for a combined review process, pursuant to
Section 26.304.060.B - Combined Reviews, the Historic Preservation Commission shall
approve, approve with conditions, or disapprove the land use application for Commercial
Design Review, pursuant to Section 26.412.050, Review Criteria.
Ordinance No.5, Series of 2005
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26.412.030 Applicability. This section applies to all commercial, lodging, and mixed-
used development with a commercial component, within the City of Aspen requiring a
building permit.
Applications for commercial development may be exempted from the provisions of this
section by the Community Development Director if the development is:
1. An addition or remodel of an existing structure that either does not change the
exterior of the building or, in the opinion of the Community Development
Director, changes the exterior in such a minimal manner as to not justifY this
review.
2. A remodel of a structure where proposed alterations affect aspects of the exterior
of the building not addressed by the Commercial Design Standards of Section
26.412.060.
3. A development activity not subject to any other reviews requiring approval by
either the Planning and Zoning Commission or the Historic Preservation
Commission.
26.412.040 Procedure
A. Pre-Application.
Pursuant to Section 26.304.020, Pre-Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department
to clarify the requirements of this section and to determine if a project may be
exempted from the provisions of this section. This step is not mandatory.
B. Application.
A development application for Commercial Design Review shall include the requisite
information and materials, pursuant to Section 26.304.030. In addition, the
application shall include scaled floor plans and elevations for the proposed
development. The Community Development Director, at hislher own discretion, may
require additional submission materials according to the complexity of the
development proposal. The application shall be submitted to the Community
Development Department along with any requisite review fees.
C. Community Development Director Review.
The Community Development Director shall review the proposed development in
accordance with Section 26.304, Common Development Review Procedures, and in
relation to Section 26.412.050, Review Criteria, and Section 26.412.060, Commercial
Design Standards.
D. Planning and Zoning Commission Review.
Applications for Commercial Design Review shall be forwarded to the Planning and
Zoning Commission along with a recommendation by the Community Development
Director. If the application is subject to review by the Historic Preservation
Commission and has been approved for a combined review process, pursuant to
Section 26.304.060.B - Combined Reviews, the application shall be forwarded to the
Ordinance No.5, Series of2005
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Historic Preservation Commission along with a recommendation from the
Community Development Director.
The Planning and Zoning Commission or Historic Preservation Commission, as
applicable, shall review the proposed development, at a public hearing in accordance
with Section 26.304, Common Development Review Procedures, and approve,
approve with conditions, or deny the application based on the criteria of Section
26.412.050, Review Criteria, and Section 26.412.060, Commercial Design Standards.
Public notice for the public hearing shall be provided by publication, posting, and
mailing. (See Section 26.304.060(E)(3)(a), (b), and (c).)
E. Notice to City Council and Call-Up
1. Notice to Citv Council. Following the adoption of a resolution approving or
approving with conditions a development application for Commercial Design
Review, City Council shall be promptly notified of the action to allow the City
Council an opportunity to avail itself of the Call-Up procedure set forth below.
Notification shall consist of a description in written and graphic form of the project
with a copy of the approving document. Also see appeal procedures, Section
26.412.090.
2. Call-Uo. Following the adoption of a resolution approving or approving with
conditions a development application for Commercial Design Review, the City
Council may order call-up of the action within thirty (30) days of the decision, action
or determination. Consequently no associated permits can be issued during the thirty
(30) day call-up period. If City Council does not call-up the action within the call-up
period, the resolution shall be the final decision on the matter.
3. City Council action on call uo. The City Council shall consider the application on
the record established before the Planning and Zoning Commission or Historic
Preservation Commission, as applicable. The City Council shall affirm the decision of
the Commission unless there is a fmding that there was a denial of due process, or the
Commission 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:
a. Reversing the decision.
b. Altering the conditions of approval.
c. Remanding the application to the Commission for rehearing.
26.412.050 Review Criteria.
An application for Commercial Design Review may be approved, approved with
conditions, or denied based on conformance with the following criteria:
1. The proposed development meets the requirements of Section 26.412.060,
Commercial Design Standards or any deviation from the Standards provides a
more-appealing pattern of development considering the context in which the
development is proposed and the purpose of the particular standard. Unique site
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constraints can justifY a deviation from the Standards. Compliance with Section
26.412.070, Suggested Design Elements, is not required but may be used to
justifY a deviation from the Standards.
2. For proposed development converting an existing structure to commercial use, the
proposed development meets the requirements of Section 26.412.060,
Commercial Design Standards, to the greatest extent practical. Amendments to
the f~ade of the building may be required to comply with this section.
3. For properties listed on the Inventory of Historic Sites and Structures or located
within a Historic District, the proposed development has received Conceptual
Development Plan approval from the Historic Preservation Commission, pursuant
to Chapter 26.415. This criterion shall not apply if the development activity does
not require review by the Historic Preservation Commission.
26.412.060 Commercial Design Standards. The following design standards shall
apply to commercial, lodging, and mixed-use development:
A. Building Relationship to Primary Street.
A street wall is comprised of buildings facing principal streets and public pedestrian
spaces. Consistent street walls provide a sense of a coherent district and frame an
outdoor room. Interruptions in this enclosure can lessen the quality of a commercial
street. Comer buildings are especially important, in that they are more visible and their
scale and proportion affects the street walls of two streets. Well-designed and located
pedestrian open spaces can positively affect the quality of the district, while remnant or
leftover spaces can detract from the downtown. A building's relationship to the street is
entirely important to the quality of the downtown pedestrian enviromnent. Split-level
retail and large vertical separations from the sidewalk can disrupt the coherence of a retail
district. The following standards shall apply:
I. Building facades shall be parallel to the adjoining primary streets. Minor
elements of the building f~ade may be developed at irregular angles.
2. Building facades along primary streets shall be setback no more than the average
setback of the adjoining buildings and no less than the minimum requirement of
the particular zone district. Exempt from this provision are building setbacks
accommodating On-Site Pedestrian Amenity, pursuant to Section 26.575.030.
3. Building facades along primary streets shall maintain a consistent setback on the
first and second story.
4. Commercial buildings shall be developed with the first floor at, or within two (2)
feet above, the level of the adjoining sidewalk, or right-of-way if no sidewalk
exists. "Split-level" retail frontage is prohibited.
5. Commercial buildings incorporating a setback from a primary street shall not
incorporate a substantial grade change between the building fa~ade and the public
right-of-way. "Moats" surrounding buildings are prohibited.
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B. Pedestrian Amenity Space.
Creative, well-designed public places and settings contribute to an attractive, exciting,
and vital downtown retail district and a pleasant pedestrian shopping and entertaimnent
atmosphere. Pedestrian amenity can take the form of physical or operational
improvements to public rights-of-way or private property within commercial areas.
On parcels required to provide pedestrian amenity, pursuant to Section 26.575.030 -
Pedestrian Amenity, the following standards shall apply to the provision of such amenity.
Acceptance of the method or combination of methods of providing the Pedestrian
Amenity shall be at the option of the Planning and Zoning Commission, or the Historic
Preservation Commission as applicable, according to the procedures herein and according
to the following standards:
I. The dimensions of any proposed on-site pedestrian amenity sufficiently allow for
a variety of uses and activities to occur considering any expected tenant and
future potential tenants and uses.
2. The pedestrian amenity contributes to an active street vitality. To accomplish this
characteristic, public seating, outdoor restaurant seating or similar active uses,
shade trees, solar access, view orientation, and simple at-grade relationships with
adjacent rights-of-way are encouraged.
3. The pedestrian amenity, and the design and operating characteristics of adjacent
structures, rights-of-way, and uses, contributes to an inviting pedestrian
enviromnent.
4. The proposed amenity does not duplicate existing pedestrian space created by
malls, sidewalks, or adjacent property, or such duplication does not detract from
the pedestrian enviromnent.
5. Any variation to the Design and Operational Standards for Pedestrian Amenity,
Section 26.575.030(F) promote the purpose of the pedestrian amenity
requirements.
6. The Planning and Zoning Commission or Historic Preservation Commission, as
applicable, may reduce the pedestrian amenity requirement by any amount, such
that no more than half the requirement is waived, as an incentive for well-
designed projects having a positive contribution to the pedestrian enviromnent.
The resulting requirement may not be less than 10%. On-site provision shall not
be required for a reduction in the requirement. A mix of uses within the proposed
building that enliven the surrounding pedestrian enviromnent may be considered.
C. Street-Level Building Elements.
The "storefront," or street-level portion of a commercial building is perhaps the single
most important element of a commercial district building. Effective storefront design can
make an entire district inviting and pedestrian friendly. Unappealing storefront design
can become a detriment to the vitality of a commercial district. In order to be an effectiye
facility for the sale of goods and services, the storefront has traditionally been used as a
tool to present those goods and services to the passing pedestrian (potential customer).
Because of this function, the storefront has traditionally been as transparent as possible to
allow maximum visibility to the interior. The following standards shall apply:
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1. Unarticulated, blank walls are prohibited. Fenestration, or an alternate means of
f~ade articulation, is required on all exterior walls.
2. Retail buildings shall incorporate, at a minimum, a 60% fenestration ratio on
exterior street-level walls facing primary streets. (For example: each street-level
wall of a retail building that faces a primary street must be comprised of at least
60% fenestration penetrations and no more than 40% solid materials.) This
provision may be reduced or waived for lodging properties with no, or limited,
street-level retail, office buildings with no retail component, and for
Service/CommerciallIndustrial buildings.
3. Building entrances shall be well-defmed and apparent.
4. Building entrances shall be designed to accommodate an internal airlock such that
temporary seasonal airlocks on the exterior of the building are unnecessary.
5. Non-traditional storefronts, such as along an alleyway, are encouraged.
D. Parking.
Parking is a necessary component of a successful commercial district. The manner in
which parking is physically accommodated has a larger impact upon the quality of the
district that the amount of parking. Surface parking separating storefronts from the street
creates a cluttered, inhospitable pedestrian enviromnent. A downtown retail district
shaped by buildings, well-designed storefronts, and a continuous street wall is highly
preferred over a district shaped by parking lots. Well-placed and well-designed access
points to parking garages can allow convenient parking without disrupting the retail
district. The following standards shall apply:
1. Parking shall only be accessed from alleyways, unless such access is unavailable
or an unreasonable design solution in which case access from a primary street
shall be designed in a manner that minimizes disruption of the pedestrian
enviromnent.
2. Surface parking shall not be located between the Street right-of-way and the
building fa~ade.
3. Above grade parking garages in commercial districts shall incorporate ground-
floor commercial uses and be designed in a manner compatible with surrounding
buildings and uses.
4. Above grade parking garages shall not reveal internal ramping on the exterior
f~ade of the building.
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E. Utility, Delivery, and Trash Service Provision.
When the necessary logistical elements of a commercial building are well designed, the
building can better contribute to the overall success of the district. Poor logistics of one
building can detract from the quality of surrounding properties. Efficient delivery and
trash areas are important to the function of alleyways. The following standards shall
apply:
1. A utility, trash, and recycle service area shall be accommodated along the alley
meeting the minimum standards established by Section 26.575.060
Ordinance No.5, Series of2005
Page 8 of 16
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Utility/TrashlRecycle Service Areas, unless otherwise established according to
said section.
2. All utility service pedestals shall be located on private property and along the
alley. Easements shall allow for service provider access. Encroachments into the
alleyway shall be minimized to the extent practical and should only be necessary
when existing site conditions, such as a historic resource, dictate such
encroachment. All encroachments shall be properly licensed.
3. Delivery service areas shall be incorporated along the alley. Any truck loading
facility shall be an integral component of the building. Shared facilities are highly
encouraged.
4. Mechanical exhaust, including parking garage ventilation, shall be vented through
the roof. The exhaust equipment shall be located as far away from the Street as
practical.
5. Mechanical ventilation equipment and ducting shall be accommodated internally
within the building and/or located on the roof, minimized to the extent practical
and recessed behind a parapet wall or other screening device such that it shall not
be visible from a public right-of-way at a pedestrian level. New buildings shall
reserve adequate space for future ventilation and ducting needs.
26.412.070 Suggested Design Elements. The following guidelines are building
practices suggested by the City, but are not mandatory. In many circumstances,
compliance with these practices may not produce the most-desired development and
project designers should use their best judgment.
A. Sif!nafIe:
Signage should be integrated with the building to the extent possible. Integrated
signage areas already meeting the City's requirements for size, etc. may minimize
new tenant signage compliance issues. Common tenant listing areas also serves a
public wayfinding function, especially for office uses. Signs should not block design
details of the building on which they are placed. Compliance with the City's sign
code is mandatory.
B. Disolavwindows:
Display windows provide pedestrian interest and can contribute to the success of the
retail space. Providing windows that reveal inside activity of the store can provide
this pedestrian interest.
C. LifIhtinfI:
Well-lit (meaning quality, not quantity) display windows along the first floor create
pedestrian interest after business hours. Dynamic lighting methods designed to catch
attention can cheapen the quality of the downtown retail enviromnent. Illuminating
certain important building elements can provide an interesting effect. Significant light
trespass should be avoided. Illuminating the entire building should be avoided.
Compliance with the City's Outdoor Lighting code, Section 26.575.050, is
mandatory.
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Page 9 of16
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D. OrilZinal Townsite Articulation:
Buildings spanning more than one Original Townsite Lot should incorporate fa~ade
expressions coincidental with these original parcel boundaries to reinforce historic
scale. This may be inappropriate in some circumstances, such as on large comer lots.
E. Architectural Features:
Parapet walls should be used to shield mechanical equipment from pedestrian views.
Aligning cornices and other architectural features with adjacent buildings can relate
new buildings to their historical surroundings. Awnings and canopies can be used to
provide architectural interest and shield windows and entryways from the elements.
26.412.080 Amendment of Commercial Design Review Approval.
A. Insubstantial Amendment.
An insubstantial 'amendment to a Commercial Design Review approval may be
authorized by the Community Development Director if:
1. The change is in conformance with the Design Standards, Section 26.412.060, the
change represents a minimal affect on the aesthetics of the proposed development, or
the change is consistent with representations made during the original review
concerning potential changes of the development proposal considered appropriate by
the decision-making body; and,
2. The change requires no other land use action requiring review by the Planning and
Zoning Commission.
B. Other Amendments.
All other amendments to a Commercial Design Review approval shall be reviewed
pursuant to the standards and procedures ofthis Section.
26.412.090 Appeals.
An applicant aggrieved by a determination made by the Planning and Zoning
Commission, or the Historic Preservation Commission as applicable, pursuant to this
Chapter, may appeal the decision to the City Council, pursuant to the procedures and
standards of Section 26.316, Appeals.
Section 2:
Section 26.575.030, Pedestrian Amenity, which section authorizes, describes, and
regulates requirements for development to provide pedestrian amenities, shall
read as follows:
26.575.030 Pedestrian Amenity
A. Purpose. The City of Aspen seeks a vital, pleasant downtown pedestrian
enviromnent. Pedestrian Amenity contributes to an attractive downtown retail district by
creating public places and settings conducive to an exciting pedestrian shopping and
entertaimnent atmosphere. Pedestrian amenity can take the form of physical or
operational improvements to public rights-of-way or private property within commercial
Ordinance No.5, Series of2005
Page 10 of 16
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areas. Pedestrian Amenity provided on the subject development site is referred to as On-
Site Pedestrian Amenity in this section.
B. Applicability and Requirement. The requirements of this Section shall apply to
the development of all land within the area bounded by Main Street, Original Street,
Dean Street, and Aspen Street. This area represents Aspen's primary pedestrian-oriented
commercial district. The linear extension of the centerline of these streets shall be used
to determine the boundary in instances where these streets are not developed or do not
connect. Whenever a parcel straddles this boundary, the requirement shall be lessened
proportionately (based on land area) for that parcel.
Twenty-five (25) percent of each parcel within the applicable area shall be provided as
Pedestrian Amenity. For redevelopment of parcels on which less than this twenty-five
(25) percent currently exists, the existing (prior to redevelopment) percentage shall be the
effective requirement provided no less than ten (10) percent is required. For
redevelopment of parcels in which ten (10) percent of the parcel is the requirement,
provision of a cash-in-lieu payment shall be automatically permitted with no further
review.
Exempt from these provisions shall be development consisting entirely of residential
uses. Also exempt from these provisions shall be the redevelopment of parcels where no
on-site pedestrian amenity currently exists, provided the redevelopment is limited to
replacing the building in its same dimensions as measured by footprint, height, and floor
area.
C. Provision of Pedestrian Amenity.
The Planning and Zoning Commission, pursuant to the review procedures and criteria of
Section 26.412 - Commercial Design Review, shall determine the appropriate method or
combination of methods for providing this required amenity. Any combination of the
following methods may be used such that the standard is reached.
1. On-Site Provision of Pedestrian Amenitv. A portion of the parcel designed in a
manner meeting the Design and Operational Standards for On-Site Pedestrian
Amenity, Section 26.575.030(C). The Planning and Zoning Commission shall
review the site plan, pursuant to section 26.412, Commercial Design Review.
2. Off-Site Provision of Pedestrian Amenity. Proposed pedestrian amenities and
improvements to the pedestrian enviromnent within proximity of the development
site may be approved by the Planning and Zoning Commission, pursuant to
Section 26.412 - Commercial Design Review. These may be improvements to
private property, public property, or public rights-of-way. An easement providing
public access over an existing public amenity space for which no easement exists
may be accepted if such easement provides permanent public access and is
acceptable to the City Attorney. Off-Site improvements shall equal or exceed the
value of an otherwise required cash-in-lieu payment and be consistent with any
public infrastructure or capital improvement plan for that area.
3. Cash-in-lieu Provision. The Planning and Zoning Commission, pursuant to
Section 26.412 - Commercial Design Review, may accept a cash-in-lieu payment
Ordinance No.5, Series of2005
Page 11 of16
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for any portion of required pedestrian amenity not otherwise physically provided,
according to the procedures and limitations of Section 26.575.030.E, Cash-in-
Lieu Payment.
4. Alternative Method. The Planning and Zoning Commission, pursuant to Section
26.412 - Commercial Design Review, may accept any method of providing
Pedestrian Amenity not otherwise described herein if the Commission finds that
such method equals or exceeds the value, which may be non-monetary
community value, of an otherwise required cash-in-lieu payment.
D. Reduction of Requirement. The Planning and Zoning Commission, or Historic
Preservation Commission as applicable, pursuant to the procedures and criteria of Section
26.412 - Commercial Design Review - may reduce the pedestrian amenity requirement
by any amount, such that no more than half the requirement is waived, as an incentive for
well-designed projects having a positive contribution to the pedestrian enviromnent. The
resulting requirement may not be less than 10%.
The Historic Preservation Commission may reduce by any amount the requirements of
this section for Historic Landmark properties upon one of the following circumstances:
I. When the Historic Preservation Commission approves the on-site relocation of a
Historic Landmark such that the amount of on-site pedestrian space is reduced
below that required by this Chapter.
2. When the manner in which a Historic Landmark building was originally
developed reduces the amount of on-site pedestrian amenity required by this
Chapter.
3. When the redevelopment or expansion of a Historic Landmark constitutes an
exemplary preservation effort deserving of an incentive or reward.
E. Payment in lieu. When the method of providing pedestrian amenity includes a
cash-in-lieu payment, the following provisions and limitations shall apply:
Formula for determining cash-in-lieu payment:
Payment [Land Value] x [Pedestrian Amenity Percentage]
Where: Land Value = Value of the unimproved land.
Pedestrian Amenity Percentage = Percent of the parcel required to
be provided as a pedestrian amenity, pursuant to Section
26.575.030(B) lessened by other methods of providing the
amenity.
Land Value shall be the lesser of fifty (50) dollars per square foot multiplied by
the number of square feet constituting the parcel or the appraised value of the
unimproved property, determined by the submission of a current appraisal
performed by a qualified professional real estate appraiser and verified by the
Community Development Director. An applicant may only waive the current
appraisal requirement by accepting the fifty (50) dollar per square foot standard.
Ordinance No.5, Series of 2005
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Acceptance of II cash-in-lieu of Pedestrian Amenity shaH be at the option of the
Planning and Zoning Commission, or the Historic Preservation Commission as
applicable, pursuant to Section 26.412 - Commercial Design Review. The
payment-in-lieu of pedestrian amenity shall be due and payable at the time of
issuance of a building permit. The City Manager, upon request, may allow the
required payment-in-lieu to be amortized in equal payments over a period of up to
five years, with or without interest.
AH funds shaH be collected by the Community Development Director and
transferred to the Finance Director for deposit in a separate interest bearing
account. Monies in the account shaH be used solely for the purchase,
development, or capital improvement of land or public rights-of-way for open
space, pedestrian amenity, or recreational purposes within or adjacent to the
applicable area in which this requirement applies. Funds may be used to acquire
public use easements.
Fees coHected pursuant to this section may be returned to the then present owner
of property for which a fee was paid, including any interest earned, if the fees
have not been spent within seven (7) years from the date fees were paid, unless
the City Council shall have earmarked the funds for expenditure on a specific
project, in which case the City Council may extend the time period by up to three
(3) more years. To obtain a refund, the present owner must submit a petition to
the Finance Director within one (1) year following the end of the seventh (7th)
year from the date payment was received.
For the purpose of this section, payments shall be spent in the order in which they
are received. Any payment made for a project for which a building permit is
canceled, due to non-commencement of construction, may be refunded if a
petition for refund is submitted to the finance director within three (3) months of
the date of the cancellation of the building permit. All petitions shaH be
accompanied by a notarized, sworn statement that the petitioner is the current
owner of the property and by a copy of the dated receipt issued for payment of the
fee.
F. Design and Operational Standards for Pedestrian Amenity. Pedestrian amenity,
on aH privately-owned land in which pedestrian amenity is required, shall comply
with the foHowing provisions and limitations:
1. ODen to View. Pedestrian amenity areas shall be open to view from the street at
pedestrian level, which view need not be measured at right angles.
2. ODen to Sky. Pedestrian amenity areas shall be open to the sky. Temporary and
seasonal coverings, such as umbrellas and retractable canopies are permitted.
Such non-permanent structures shall not be considered as floor area or a reduction
in pedestrian amenity on the parcel.
Trellis structures shall only be permitted in conjunction with commercial
restaurant uses on a designated Historic Landmark or within (H) Historic overlay
zones and must be approved pursuant to review requirements contained in
Ordinance No.5, Series of2005
Page 13 of 16
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Chapter 26.415 - Development Involving the Aspen Inventory of Historic
Landmark Sites and Structures or Development within a Historic District. Such
approved structures shall not be considered as floor area or a reduction in
pedestrian space on the parcel.
3. No Walls/Enclosures. Pedestrian amenity areas shall not be enclosed. Temporary
structures, tents, air exchange entries, plastic canopy walls, and similar devices
designed to enclose the space are prohibited, unless approved as a temporary use,
pursuant to Section 26.450. Low fences or walls shall only be permitted within or
around the perimeter of pedestrian space if such structures shall permit views
from the street into and throughout the pedestrian space.
4. Prohibited Uses. Pedestrian amenity areas shall not be used as storage areas,
utility/trash service areas, delivery area, parking areas or contain structures of any
type, except as specifically provided for herein. Vacated rights-of-way shall be
excluded from pedestrian amenity calculations.
5. Grade Limitations. Required pedestrian amenity shall not be more than four (4)
feet above or two (2) feet below the existing grade of the street or sidewalk which
abuts the pedestrian space, unless the pedestrian amenity space shall follow
undisturbed natural grade, in which case there shall be no limit on the extent to
which it is above or below the existing grade ofthe street.
6. Pedestrian Links. In the event that the City of Aspen shall have adopted a trail
plan incorporating mid-block pedestrian links, any required pedestrian space
must, if the city shall so elect, be applied and dedicated for such use.
7. Landscavinf! Plan. Prior to issuance of a building permit, the Community
Development Director shall require site plans and drawings of any required
pedestrian amenity area, including a landscaping plan, and a bond in a satisfactory
form and amount to insure compliance with any pedestrian amenity requirements
under this title.
8. Maintenance of Landscavinf!. Whenever the landscaping required herein is not
maintained, the Chief Building Official, after thirty (30) days written notice to the
owner or occupant of the property, may revoke the certificate of occupancy until
said party complies with the landscaping requirements of this section.
9. Commercial Activitv. No area of a building site designated as required pedestrian
amenity space under this section shall be used for any commercial activity,
including, but not limited to, the storage, display, and merchandising of goods and
services; provided, however, that the prohibition of this subsection shall not apply
when such use is in conjunction with permitted commercial activity on an
abutting right-of-way or is otherwise permitted by the City. For outdoor food
vending in the Commercial Core District, also see Section 26.470.040(B)(3),
Administrative Growth Management Review.
10. Commercial Restaurant Use. The provisions above notwithstanding, required
pedestrian amenity space may be used for commercial restaurant use if adequate
pedestrian and emergency vehicle access is maintained.
Ordinance No.5, Series of2005
Page 14 of 16
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Section 3:
Section 26.575.060, UtilitylTrash/Recycle Service Areas, which section describes
requirements to provide areas within a lot for the purpose of housing utility, trash,
and recycling facilities, shall read as follows:
26.575.060 UtilityffrashlRecycle Service Areas.
A. GeneraL The following provisions shall apply to all utility/trash service areas:
1. If the property adjoins an alleyway, the utility/trash/recycle service area shall
be along and accessed from the alleyway. Unless entirely located on an
alleyway, all utility/trash service areas shall be fenced so as not to be visible
from the street, and such fences shall be six (6) feet high from grade. All
fences shall be of sound construction and shall be no less than 90% opaque.
2. Whenever this Title shall require that an utility/trash/recycle service area be
provided abutting an alley, buildings may extend to the rear property line if
otherwise allowed by this title provided that an open area is provided which
shall be accessible to the alley, and which meets the dimensional requirements
of this section.
3. A minimum of twenty (20) linear feet of the utility/trash service area shall be
reserved for box storage, utility transformers or equipment, building access,
and trash and recycling facilities. For properties with 30 feet, or less, of alley
frontage, this requirement shall be fifteen (15) linear feet. For properties with
no alley access, no requirement shall apply. The required area shall have a
minimum vertical clearance of 10 feet and a minimum depth of 10 feet at
ground level. The required area shall not be used for required parking or as
vehicular access to a parking area.
4. The Planning and Zoning Commission may reduce the required dimensions of
this area by special review (see Chapter 26.430) and in accordance with the
standards set forth below at Section 26.575.060(B).
Section 4:
This Ordinance 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 5:
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.
Section 6:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Ordinance No.5, Series of 2005
Page 15 of16
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Section 7:
A public hearing on the Ordinance was held on the 28th day of February, 2005, at
5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen
(15) days prior to which hearing a public notice of the same was published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the lOth ofJanuary, 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this 28th day of March, 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attoruey
C:\homelinfilllCom _ DesignIComDesignPedAmen-Ord.doc
Ordinance No.5, Series of2005
Page 16 of 16
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MEMORANDUM
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TO:
Mayor Klanderud and Aspen City Council
THRU:
FROM:
John Worcester, City Attorney
Chris Bendon, Community Development Directo~
Code Amendments - Commercial Design Review and Pedestrian Amenity
Second Reading of Ordinance No.5, Series of 2005 (continued from 2.28)
RE:
DATE:
March 28, 2005
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SUMMARY:
This proposed ordinance creates a new section of the Land Use Code - Commercial
Design Review - and amends two others - Pedestrian Amenity (formerly known as
Open Space) and the Utility/Trash/Recycle Service Area requirements.
Commercial Design Review is intended to replace the subjective review of Growth
Management Scoring with a section dealing exclusively with the design of
commercial and mixed-use buildings. The growth management criteria addressing
the design of new buildings are very minimal and no standards currently exist. This
new review contains basic standards for judging the design of new commercial and
mixed-use buildings (and remodels) and requires a public hearing.
The Pedestrian Amenity section replaces the Open Space requirements. This new
section provides the City with the option of selecting Pedestrian Amenity on the same
site as the development, off-site, or through a cash-in-lieu payment. The proposal
focuses on the qualitative improvement to downtown that a project brings rather than
just the quantity of the parcel left undeveloped. The base requirement remains 25%
of the parcel, although provisions have been included to reduce the requirement as an
incentive for proposals bringing vitality to downtown and for already built-out
parcels.
Lastly, the Utility/Trash/Recycle Service Area amendment is essentially a "clean-up"
of existing text with slightly more space being required for recycling. It is this section
which requires space along an alleyway of commercial buildings be used for these
utilitarian functions.
Staff recommends adoption of Ordinance No.5, Series of 2005.
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COMPONENTS OF AMENDMENT:
"Open Space:" The City has required 25% of each
parcel downtown remain undeveloped since the mid
1970's. This quantitative requirement has resulted in
some great urban spaces, such as the area in front of
Paradise Bakery and in front of Zele Coffe Shop. It has
also created many leftover spaces that detract from the
continuity of the retail district. The goal of a vital,
pleasant pedestrian enviromnent is to provide not only a
sufficient quantity of public space, but areas of high
quality as well. Simply requiring all development to
leave 25% of the parcel undeveloped does not address
the qualities that make spaces great or make downtown great.
The philosophy of a Pedestrian Amenity requirement is that the
benefits of a project do not have to be limited to the parcel on
which it is developed; the project can improve the district as a
whole,
Good Pedestrian Space
The proposal maintains a 25% requirement but allows multiple
ways in which this requirement can be met - on-site amenity, off-
site amenity., or through a cash-in-lieu which the City could use to
improve the downtown, The City (P&Z or HPC, depending on
the nature of the project) chooses the method in which a
developer provides this amenity, thereby allowing the flexibility
to focus on truly great opportunities.
Not-sa-Good
Pedestrian Space
To incentivize projects that bring vitality to the downtown, the percentage can be
lessened to the point that no less then half the 25% requirement is provided. For
redevelopment of a site in which no, or little, pedestrian space currently exists, a
minimum of 10% of the parcel is required. These two provisions were requested by
City Council during work sessions on this matter.
Mechanics of the two code sections: Commercial Design Review is a new section of
the Land Use Code that replaces, and expands upon, the subjective "design quality"
review of Growth Management scoring. Because the Pedestrian Amenity section is
proposed as a qualitative review and in order to maintain a "city-choice," this section
also requires a review process. Staff has incorporated the review for Pedestrian
Amenity into the new Commercial Design Review section. Because these two
sections work in tandem. staff has included them in the same ordinance.
City Choice: During work sessions on this topic, City Council wanted to maintain a
choice in determining how the Pedestrian Amenity requirement would be met for
each project. The proposal allows the Planning and Zoning Commission to select the
method. In cases where HPC is already required to review the project, the developer
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could consolidate the review with HPC. This was added to prevent two opposing
Board decisions on one project.
Combining Reviews: The Planning Commission recommended the Commercial
Design Review occur with the P&Z. HPC believes many of the standards address
criteria of the standard HPC review. Staff believes there is potential for a developer
to get two conflicting approvals. For example: An HPC project can take many
months of HPC review for Conceptual approval, starting with one or more work
sessions and typically two or three public hearings. If the project then proceeded to
P&Z for Commercial Design Review, the basic make-up of the project could be
drastically changed leaving the applicant in a quandary as to which Board's direction
to follow.
The City's Land Use Code is complex and the potential for conflicting direction is
high. In the 1999 re-write of the Land Use Code, the City included a provision
allowing for the consolidation of reviews to maintain clarity. Such a consolidation is
at the discretion of the Community Development Director, in consultation with the
Applicant, and maintains all the established review criteria and noticing procedures.
This ability to combine reviews has greatly improved the City's development review
process. Prior to 1999, conflicting approvals were common.
Staff is proposing the ability to consolidate Commercial Design Review with other
reviews. This would likely occur when a project is within a historic district and
subject to HPC review. It could also occur when a project is being processed as a
PUD subject to Council approval, in which case the review could be combined with
Council's PUD review.
Council Call-Up Procedure: During work sessions on this topic, Council expressed
some interest in having oversight of this review. Staff does not recommend this
review rest with Council. This type of development review should rest with a
development review board that is already reviewing the project and is familiar with its
intimate details.
However, staff has included a mandatory noticing process and the ability for Council
to "call-up" a decision. This will keep Council informed of new projects and permit
it to review a specific project without requiring that all projects be reviewed at a
Council level. This is modeled on the HPC review process. There is also an appeal
process for aggrieved applicants.
Utility/Trash/Recycle Service Area Amendment: This is essentially a "clean-up" of
existing language, with one exception. The area requirement for utilities and trash
has been 15 linear feet. Staff added recycling to this list of service space needs and
upped the requirement to 20 linear feet. For small parcels (3,000 square feet or less)
the requirement remains 15 linear feet.
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RECOMMENDED MOTION:
"I move to approve Ordinance No.5, Series of2005."
ATTACHMENTS:
A - Review Criteria
B - Council Work Session Summary
C - Excerpt from 200 I Infill Report
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Exhibit A
Code Amendments: Commercial Design Review
Pedestrian Amenity
Utility/Trash/Recycle Service Area
STAFF COMMENTS: Text Amendment
Section 26.310.040, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The proposed code amendments encourage the development and redevelopment of
commercial and mixed-use buildings to be of higher quality design. Review standards
have been incorporated to enable the P&Z or HPC to adequately concentrate on the basic
elements of design that typically result in successful mixed-use buildings. A city-choice
program for pedestrian amenity will allow the City to choose whether the open space
requirement is met on-site or through other means of improving the district. The utility
space requirement has been increased to account for recycling activities that typically
occur along the alleyway. No aspect of the proposed code amendment is in conflict with
other portions of the Municipal Code.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the Land Use Code are supported by the AACP. There are
many references to design quality and ensuring new development is compatible with
existing development. These code amendments provide for public input and provide
basic design standards to achieve high-quality development.
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and
neighborhood characteristics.
Staff Finding:
This amendment does not affect the location of the commercial and mixed-use districts in
which it will be effective. Staff believes this criterion is met.
D. The effect of the proposed amendment on traffic generation and
road safety.
Staff Finding:
The proposed code amendments are not expected to have any affect on traffic patterns or
demand. The utility/trash amendment is intended to require sufficient amount of land
reservation for the necessary utilitarian functions of a building to occur along the
alleyways. This should provide for fewer conflicts in the alleyways from new
staff comments - Com DesignlPed. Amenity. page I
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development. Staff does not believe the amendments represent any safety issues on local
roads.
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
facilities, including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
Staff Finding;
Staff does not expect any utility or infrastructure demands to change as a result of these
amendments.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding;
The amendments are essentially aesthetic reviews and are not expected to have an effect
on the natural enviromnent. The utility area increase may provide for easier recycling
opportunities but no major change is expected in the participation rate of recycling
programs as a result of the code amendment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
Staff Finding;
The amendments provide a process for reviewing new commercial and mixed-use
development to ensure new development and major remodels are compatible with the
character of existing development. This type of review process is already in place for
projects within the Historic Districts and projects seeking Growth Management
Allotments. Staff believes these amendment are consistent with the community character.
H. Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the
proposed amendment.
Staff Finding:
The proposed amendment is not specific to one parcel. Staff believes this criterion does
not apply.
I. Whether the proposed amendment would be in conflict with the
public interest, and is in harmony with the purpose and intent of this
title.
Staff Finding;
This proposed amendment does not pose any conflicts with the public interest. The
AACP reflects a community desire for new development to be compatible with existing
development and to be of a high quality design. These code amendment will address
infill development and significant remodels and ensure that basic design principles are
followed and that public participation is achieved. Staff believes this Ordinance will
promote the purpose and intent of this Title.
staff comments - Com DesignlPed. Amenity. page 2
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ASPEN CITY COUNCIL WORK SESSION
MEETING NOTES
MEETING DATE:
July 19 & 20, 2004
AGENDA TOPIC:
Commercial Development - work session
PRESENTED BY:
Chris Bendon
COUNCIL MEMBERS PRESENT:
Helen, Terry, Tim, Rachel, & Torre
SUMMARY OF DISCUSSION:
The purpose of the work session was to review the regulatory barriers to reinvestment in
commercial properties and how the City should address these barriers. Below are the topics
discussed and the resolution to each:
Previouslv Resolved Items:
Redevelopment projects should be permitted a credit for their existing development. The City's
code permits the replacement of commercial square footage after demolition only if the project
mitigates for affordable housing as if nothing existed there before - no credit. This replacement
penalty is a significant barrier to redevelopment and removing it is a consistent theme of the infill
discussions. This redevelopment credit idea was implemented a few years ago in the Lodge
Preservation Program and has produced some positive activity. Providing this credit is similar to
the City's approach on Lodging development. Rachel expressed some interest in still requiring
some level of mitigation, This was not echoed by other Council members.
Pedestrian Amenity cash-in-lieu uses should not be broadened to include purchase of open
space viewable from downtown. Staff recommended against this route. The reason for requiring
this space is to enhance the pedestrian enviromnent and cash-in-lieu monies should be used to
directly affect this goal and not diverted to other community issues, This is especially important
in light of the City's recent analysis of downtown and a desire to implement improvements with
no funding source. There was not sufficient Council interest in pursuing this option.
Off-site affordable housing mitigation should be approved by P&Z while o./f-site, outside the
city limits should only be approved by City Council. This outside the city issue also was raised
by Council during lodging discussions with the preference being to permit such mitigation with
approvals from City Council.
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Items Resolved in Work Session:
Pedestrian Amenitv:
Should the requirement be 20% or 25% of each lot? Council decided on keeping thl
standard at 25% with the ability for P&Z to lower the requirement to reward exceptional projects.
P&Z's criteria for exceptional should include consideration of the projects mix of uses and how
that mix contributes to an active downtown.
Question: Should redevelopment of lots where no (or less than required) space is
currently provided be required to provide Pedestrian Amenity? Council decided to fully
exempt projects that are merely replacing and existing building. If the project is expanding
through redevelopment, a 10% requirement would apply which could automatically be able to
pay the cash-in-lieu.
Question: Should the City permit outdoor merchandising in required open space?
Council decided to keep this item it in the realm of the Downtown Catalyst and not address it
through infill code amendments.
Note: Commercial design and Pedestrian Amenity sections are complete and ready to come
forward as ordinances.
Free-Market / Affordable Housin2 Mix.
Question: Should the mitigation requirement for free-market residential development
within mixed-use buildings be amended to be 60% of the free-market FAR for on-site
mitigation and 100% of the free-market FAR? Council directed staff to further analyze the
proper AH/FM mix.
Landin2 Historic TDRs
Question: Should the TDR Program be expanded to the Commercial Zones? Council
decided to not pursue a TDR program in commercial zones at this time.
Affordable Housin2 Miti2ation TDR.
Question: Is City Council interested in staff exploring a transferable employee mitigation
system? Council decided to not pursue this idea in the infill code amendments. This idea should
instead be forwarded to the Housing Authority and Board to see if it should be pursued.
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Parkin!!:
Parking questions were not addressed. Rather, Council wanted these questions to be
included in the August 3rd Transportation work session.
Commercial Core and Commercial] Districts.
Council decided to provide a height limit of 42 feet, measured at the full extent of the roof. Staff
will research some ability to provide f1exibility for modest increases to accommodate rooflines
internal to a project that are not visible from the street level. This would likely be a review done
by HPC as they already must review the design of each building.
Council agreed to a 42-foot height for flat roofs and 38 feet for midpoint of pitched roofs in the
CI zone. Staffwill also carry this dual height limit into the Lodge district.
Question: Is Council interested in landing TDRs in these two zones? Should they
provide for additional height? What level of review should be required? (These are the
same questions as in the TDR section above.) Council decided against a TDR system in the
Commercial Zones.
Mixed-Use Zone (Main Street).
Question: Is Council comfortable with this dual height regulation - 25 feet for single-
family and duplex with either 30 or 32 for lodging, multi-family, and mixed-use? Council
accepted a 32 foot height for this zone
Question: Should the single-family and duplex FAR allowance be reduced to 80% ofthe
R6 schedule? Council did not address this issue.
Nei!!hborhood Commercial
Question: Is this an acceptable direction [providing dimensions similar to the Mixed-Use
zone] for addressing this zone? This question Council agreed to a 32-foot height limit. Other
dimensions were not discussed.
Service Commercial Industrial
Staff s approach to this zone is to clean-up some of the uses, clarify the amount of
retaillshowroom space that can be provided, specify commercial use only on the ground floor,
and introduce some FAR linkage requirements between SCI uses and other uses that may be
more financially attractive. An FAR linkage requirement would require a minimum amount of
SCI use prior to any NC or residential use.
Stan'is recommending the height remain at 35 feet with two ways to increase the height - for
additional ground floor height, and as an incentive to developing a minimum amount of SCI
space.
3
Question: Is this an acceptable direction for addressing this zone? Council agreed to a 35-
foot height limit with the ability to achieve one 5-foot increase for either greater 151 floor head
height or a minimum amount of SCT development - but not two total increases. Other
dimensions were not discussed.
View Planes:
The City maintains seven protected view planes. These were initiated in the early to mid '70s,
some in response to specific development proposals. Certain view planes significantly limit
development and P&Z recommended the elimination of all accept the Wheeler view plane.
Question: Does City Council want to formally initiate a "Wagner park edge to Shadow
Mountain" view plane. Council preferred seeing the potential view plane and graphics analysis
of the 38 and 42-foot height restrictions within the Lodge district prior to initiating a Wagner
Park view plane.
Question: Does Council want to initiate other view planes? Which ones? Terry indicated
his support for several proposed view planes with pictures to describe each potential. Council did
not initiate any new view planes.
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PEDESTRIAN AMENITY & CURRENT 25% UNDEVELOPED SPACE
Importance to Infi" Proaram Viabilitv: Critical effect on the Infill Program's
viability. Currently, the 25% undeveloped area provision in the code is a
significant barrier to a project's financial viability and has created some
unpleasant spaces.
Definition: Pedestrian Space is the area
owned by the public in the form of rights-of-
way and un-built, privately owned spaces
downtown that function as transition areas
between sidewalks and buildings.
Current Reaulation: 25% of each parcel
must remain open. The current 25% urban
open-space requirement (for each and every
downtown parcel) does not always create
interesting and vibrant public places. Some
very interesting public places have resulted
from this provision. And some dismal
spaces have been created, detracting from
the pedestrian environment.
The goal of a vital, pleasant pedestrian
environment can be reached with both the
quality of the public spaces and the quality
of buildings that frame that space.
Requiring all development to leave 25% of
the parcel undeveloped, with no qualitative
criteria, has resulted in disappointing spaces
- spaces for trash to blow around in a circle.
Duplicating adjacent public space also
lowers the overall quality of the pedestrian
environment and the strength of the retail
district. Concentrating each development's
contribution to the pedestrian environment
will produce meaningful, high-quality
. pedestrian space.
Good pedestrian space
Not-sa-good pedestrian space
Recommendation: Implement a new requirement for improving the downtown
pedestrian environment with options of providing either on-site pedestrian space,
off-site pedestrian improvements where appropriate, or a payment-in-lieu
designated for downtown pedestrian amenities.
More Detail: Pedestrian Amenity Strategy - Section Four, page 6.
Section Two, Page 6
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PEDESTRIAN AMENITY STRATEGY
A few members of the Infill Advisory Group and
City staff conducted a two-day charrette to
determine an appropriate strategy for
encouraging downtown . pedestrian
environments. The following results of this
session were presented to the whole Infill
Group as a means of replacing the current
25% requirement.
Quality pedestrian space plays an important
role in Aspen's retail district and desirable
public places can be realized through revised
development regulations.
1. Reinforce building's relationship with
pedestrian
. Encourage simple, unobstructed
relationship between pedestrian and
public space.
. Prevent split-level buildings (where two
mediocre retail floors are created).
. Prevent "moats" around buildings.
. Transparency on first floor.
2. Reinforce historic development pattern
. Encourage buildings to build to property
line.
. Remove or substantially change view
plane regulations.
. Prevent duplication of existing public
space created by malls and sidewalks.
. Prevent or discourage office uses on
first floor in retail district.
. Reinforce historic vertical dimension of
buildings.
. No more open space unless "key"
location.
3. Encourage comfortable outdoor space
. Allow outdoor seating with no additional
review.
. Allow seating to be covered.
. Encourage provision of shade trees
Good Pedestrian Space
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Footprint of downtown Aspen
Section Four, Page 6
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4. Encourage active public space
. Encourage active use of existing
outdoor public space (restaurant
seating)
. Consider expanding mall lease
zones.
5. Protect "key" private spaces.
. Possible spaces: Paradise
Bakery, Zele Coffee, Wolf Camera
(if redeveloped)
. Implement by using mitigation
funds to acquire easements, fund
pedestrian improvements.
6. Encourage redevelopment of "key"
private spaces and/or adjacent
building
. Hanibal Brown building - Aspen
Mountain Plaza
. Tom Thumb building
. T-shirt shop
. Wells Fargo Building
. Wolf Camera Building
...
....'J
7. Improve "Key" public spaces
. Implement DEPP and Wagner Park Plan
. Malls - Physical and programming, maintenance of trees/flowers
. Consider fire pit on the Cooper Mall
. Use mitigation funds to accomplish public improvements
8. Encourage development of significant parcels that could improve quality of
district
. Hunter/Hyman vacant lot
. Wheeler parcel (vacant parcel next to Wheeler Opera House)
. Fire Station
. Vacant parcel next to the Wienerstube restaurant
9. Encourage active use or beautification of spaces between buildings
. Identify ways city could facilitate agreements if areas between buildings are
being legally disputed.
Section Four, Page 7
-
\. j
~
'-'
Vllle
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
THRU:
Steve Barwick, City Manager
John Worcester, City Attorney
Chris Bendon, Community Development Director ~
Code Amendments - Commercial Design Review and Pedestrian Amenity
Second Reading of Ordinance No.5, Series of 2005 (continued from 2.14)
FROM:
RE:
DATE:
February 28,2005
SUMMARY:
This proposed ordinance creates a new section of the Land Use Code - Commercial
Design Review - and amends two others - Pedestrian Amenity (formerly known as
Open Space) and the Utility/Trash/Recycle Service Area requirements.
Commercial Design Review is intended to replace the subjective review of Growth
Management Scoring with a section dealing exclusively with the design of
commercial and mixed-use buildings. The growth management criteria addressing
the design of new buildings are very minimal and no standards currently exist. This
new review contains basic standards for judging the design of new commercial and
mixed-use buildings (and remodels) and requires a public hearing.
The Pedestrian Amenity section replaces the Open Space requirements. This new
section provides the City with the option of selecting Pedestrian Amenity on the same
site as the development, off-site, or through a cash-in-lieu payment. The proposal
focuses on the qualitative improvement to downtown that a project brings rather than
just the quantity of the parcel left undeveloped. The base requirement remains 25%
of the parcel, although provisions have been included to reduce the requirement as an
incentive for proposals bringing vitality to downtown and for already built-out
parcels.
Lastly, the; Utility/Trash/Recycle Service Area amendment is essentially a "clean-up"
of existing text with slightly more space being required for recycling. It is this section
which requires space along an alleyway of commercial buildings be used for these
utilitarian functions.
Staff recommends adoption of Ordinance No.5, Series of 2005.
c
"""'
-'
COMPONENTS OF AMENDMENT:
"Open Space:" The City has required 25% of each
parcel downtown remain undeveloped since the mid
1970's. This quantitative requirement has resulted in
some great urban spaces, such as the area in front of
Paradise Bakery and in front of Zele Coffe Shop. It has
also created many leftover spaces that detract from the
continuity of the retail district. The goal of a vital,
pleasant pedestrian enviromnent is to provide not only a
sufficient quantity of public space, but areas of high
quality as well. Simply requiring all development to
leave 25% of the parcel undeveloped does not address
the qualities that make spaces great or make downtown great.
The philosophy of a Pedestrian Amenity requirement is that the
benefits of a project do not have to be limited to the parcel on
which it is developed; the project can improve the district as a
whole.
Good Pedestrian Space
The proposal maintains a 25% requirement but allows multiple
ways in which this requirement can be met - on-site amenity, off-
site amenity, or through a cash-in-lieu which the City could use to
improve the downtown. The City (P&Z or HPC, depending on
the nature of the project) chooses the method in which a
developer provides this amenity, thereby allowing the flexibility
to focus on truly great opportunities.
Not-sa-Good
Pedestrian Space
To incentivize projects that bring vitality to the downtown, the percentage can be
lessened to the point that no less then half the 25% requirement is provided. For
redevelopment of a site in which no, or little, pedestrian space currently exists, a
minimum of 10% of the parcel is required. These two provisions were requested by
City Council during work sessions on this matter.
Mechanics of the two code sections: Commercial Design Review is a new section of
the Land Use Code that replaces, and expands upon, the subjective "design quality"
review of Growth Management scoring. Because the Pedestrian Amenity section is
proposed as a qualitative review and in order to maintain a "city-choice," this section
also requires a review process. Staff has incorporated the review for Pedestrian
Amenity into the new Commercial Design Review section. Because these two
sections work in tandem, staff has included them in the same ordinance.
City Choice: During work sessions on this topic, City Council wanted to maintain a
choice in determining how the Pedestrian Amenity requirement would be met for
each project. The proposal allows the Planning and Zoning Commission to select the
method. In cases where HPC is already required to review the project, the developer
2
r"
.........
""'"
>oJ
could consolidate the review with HPC. This was added to prevent two opposing
Board decisions on one project.
Combining Reviews: The Planning Commission recommended the Commercial
Design Review occur with the P&Z. HPC believes many of the standards address
criteria of the standard HPC review. Staff believes there is potential for a developer
to get two conflicting approvals. For example: An HPC project can take many
months of HPC review for Conceptual approval, starting with one or more work
sessions and typically two or three public hearings. If the project then proceeded to
P&Z for Commercial Design Review, the basic make-up of the project could be
drastically changed leaving the applicant in a quandary as to which Board's direction
to follow.
The City's Land Use Code is complex and the potential for conflicting direction is
high. In the 1999 re-write of the Land Use Code, the City included a provision
allowing for the consolidation of reviews to maintain clarity. Such a consolidation is
at the discretion of the Community Development Director, in consultation with the
Applicant, and maintains all the established review criteria and noticing procedures.
This ability to combine reviews has greatly improved the City's development review
process. Prior to 1999, conflicting approvals were common.
Staff is proposing the ability to consolidate Commercial Design Review with other
reviews. This would likely occur when a project is within a historic district and
subject to HPC review. It could also occur when a project is being processed as a
PUD subject to Council approval, in which case the review could be combined with
Council's PUD review.
Council Call-Up Procedure: During work sessions on this topic, Council expressed
some interest in having oversight of this review. Staff does not recommend this
review rest with Council. This type of development review should rest with a
development review board that is already reviewing the project and is familiar with its
intimate details.
However, staff has included a mandatory noticing process and the ability for Council
to "call-up" a decision. This will keep Council informed of new projects and permit
it to review a specific project without requiring that all projects be reviewed at a
CouncilleveI. This is modeled on the HPC review process. There is also an appeal
process for aggrieved applicants.
Utility/Trash/Recycle Service Area Amendment: This is essentially a "clean-up" of
existing language, with one exception. The area requirement for utilities and trash
has been 15 linear feet. Staff added recycling to this list of service space needs and
upped the requirement to 20 linear feet. For small parcels (3,000 square feet or less)
the requirement remains 15 linear feet.
3
,.......
v
-,
~
CiTY MANAGER'S COMMENTS: a~....,-o ~_
RECOMMENDED MOTION:
"I move to approve Ordinance No.5, Series of2005."
ATTACHMENTS:
A - Review Criteria
B - Council Work Session Summary
C - Excerpt from 200 I 1nfill Report
4
, ,
"I"<=.
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
THRU:
Steve Barwick, City Manager
John Worcester, City Attorney
Chris Bendon, Community Development Director ~
Commercial Design Review and Pedestrian Amenity Code Amendments
Second Reading of Ordinance No.5, Series of 2005
FROM:
RE:
DATE:
February 14,2005
SUMMARY:
Staff is requesting this item be continued to February 28th due to the expected length
of tonight's agenda.
RECOMMENDED MOTION:
"I move to continue Ordinance No.5, Series of2005, to February 28,2005."
I
...'.......
",
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, i
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
~<2 A ~eL{&
ADDRESS OF PROPERTY: ,Aspen, <':6
,200_
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
) ss.
Connty of Pitkin )
I, '" ~ 0. IAA -Q.S 1-I'lJ\J ~ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) ofthe Aspen Land Use Code in the following manner:
-4 Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained frOll the
Community Development Department, which was made of suitable,'.
waterproof materials, which was not less than twenty-two (22) inches W';de
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
~
_ Mailing of notice. By the mailing of a notice obtained from the Co~ity
Development Department, which contains the information described inJSection
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet ofthe property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
-
".,..",
.. ,.
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The foregoing "Affidavit of Notice" was acknowledged befO{e m~ ~ day
of ~~ ,200..5by J~ L....l
WITNESS MY HAND AND OFFICIAL SEAL
MYCO~~GeS:
Notary Public
PUBLIC NOTICE
RE' LAND USE CODE A~DMENTS - COM-
MERCIAL DESIGN REVIE AND PEDESTRIAN
AMENITY .
NOTICE IS HEREBY GIVEN that a public
hearing will be held on anday. February 2H,
2005ala meetingtobe~ln at 5:00p.m_ beforelhe
Aspen CIty Council, City Council Chambers. 130
S, Galena St.. Aspen, to consider an application
~ubmitted by the City 01 Aspen Community De-
velopment Department requesting land use code
amendments to the followmg sections .01 the
Land Use Cude 11 26.412, Commercial Design Re-
view; 2fi.575,O;)O. l'edestnan Ame~ity, and.
26,575.fl60, Utility/Trash/Recycling SerVlCl' Areas.
FOTfurtherilllOrlnation,czaCIChTiSBendonat
the City of Aspen COJIlm ity Development ~e-
partment. 130:i. Galcna St .Aspen, CO, (970) 429-
2765.chrisb@cLaspen.co.
siHelel Kalin Klanderud, Mayor
, AspcnCityCouncil
published in Thf'_ Aspen Times nil February 13,
2005,(2381)
ATTACHMENTS:
'OPY OF THE PUBLICATION
'H OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
"'....
-
-".,
....,;
VI 'I Q.,
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
THRU:
Steve Barwick, City Manager
John Worcester, City Attorney
Chris Bendon, Community Development Director CMWi
Commercial Design Review and Pedestrian Amenity Code Amendments
First Reading of Ordinance NO.r&, Series of 2005
Second Reading Scheduled for February 14,2005
FROM:
RE:
DATE:
January 10, 2005
SUMMARY:
This proposed ordinance creates a new section of the Land Use Code - Commercial
Design Review - and amends two others - Pedestrian Amenity (formerly known as
Open Space) and the Utility/Trash/Recycle Service Area requirements.
Commercial Design Review is intended to replace the subjective review of Growth
Management Scoring with a section dealing exclusively with the design of
commercial and mixed-use buildings. The growth management criteria addressing
the design of new buildings are very minimal and no standards currently exist. This
new review contains basic standards for judging the design of new commercial and
mixed-use buildings (and remodels) and requires a public hearing.
The Pedestrian Amenity section replaces the Open Space requirements. This new
section provides the City with the option of selecting Pedestrian Amenity on the same
site as the development, off-site, or through a cash-in-lieu payment. The proposal
focuses on the qualitative improvement to downtown that a project brings rather than
just the quantity of the parcel left undeveloped. The base requirement remains 25%
of the parcel, although provisions have been included to reduce the requirement as an
incentive for proposals bringing vitality to downtown and for already built-out
parcels.
Lastly, the Utility/Trash/Recycle Service Area amendment is essentially a "clean-up"
of existing text with slightly more space being required for recycling. It is this section
which requires space along an alleyway of commercial buildings be used for these
utilitarian functions.
Staff recommends adoption of Ordinance No. s:... Series of 2005, upon first
reading.
I
'"
-
,.0-".'
-
COMPONENTS OF AMENDMENT:
"Open Space:" The City has required 25% of each
parcel downtown remain undeveloped since the mid
1970's. This quantitative requirement has resulted in
some great urban spaces, such as the area in front of
Paradise Bakery and in front of Zele Coffe Shop. It has
also created many leftover spaces that detract from the
continuity of the retail district. The goal of a vital,
pleasant pedestrian environment is to provide not only a
sufficient quantity of public space, but areas of high
quality as well. Simply requiring all development to
leave 25% of the parcel undeveloped does not address
the qualities that make spaces great or make downtown great.
The philosophy of a Pedestrian Amenity requirement is that the
benefits of a project do not have to be limited to the parcel on
which it is developed; the project can improve the district as a
whole.
Good Pedestrian Space
The proposal maintains a 25% requirement but allows multiple
ways in which this requirement can be met - on-site amenity, off-
site amenity, or through a cash-in-lieu which the City could use to
improve the downtown. The City (P&Z or HPC, depending on
the nature of the project) chooses the method in which a
developer provides this amenity, thereby allowing the flexibility
to focus on truly great opportunities.
Not-sa-Good
Pedestrian Space
To incentivize projects that bring vitality to the downtown, the percentage can be
lessened to the point that no less then half the 25% requirement is provided. For
redevelopment of a site in which no, or little, pedestrian space currently exists, a
minimum of 10% of the parcel is required. These two provisions were requested by
City Council during work sessions on this matter.
Mechanics of the two code sections: Commercial Design Review is a new section of
the Land Use Code that replaces, and expands upon, the subjective "design quality"
review of Growth Management scoring. Because the Pedestrian Amenity section is
proposed as a qualitative review and in order to maintain a "city-choice," this section
also requires a review process. Staff has incorporated the review for Pedestrian
Amenity into the new Commercial Design Review section. Because these two
sections work in tandem, staff has included them in the same ordinance.
City Choice: During work sessions on this topic, City Council wanted to maintain a
choice in determining how the Pedestrian Amenity requirement would be met for
each project. The proposal allows the Planning and Zoning Commission to select the
method. In cases where HPC is already required to review the project, the developer
2
- ....
- ~"'"
could consolidate the review with HPC. This was added to prevent two opposing
Board decisions on one project.
Combining Reviews: The Planning Commission recommended the Commercial
Design Review occur with the P&Z. HPC believes many of the standards address
criteria of the standard HPC review. Staff believes there is potential for a developer
to get two conflicting approvals. For example: An HPC project can take many
months of HPC review for Conceptual approval, starting with one or more work
sessions and typically two or three public hearings. If the project then proceeded to
P&Z for Commercial Design Review, the basic make-up of the project could be
drastically changed leaving the applicant in a quandary as to which Board's direction
to follow.
The City's Land Use Code is complex and the potential for conflicting direction is
high. In the 1999 re-write of the Land Use Code, the City included a provision
allowing for the consolidation of reviews to maintain clarity. Such a consolidation is
at the discretion of the Community Development Director, in consultation with the
Applicant, and maintains all the established review criteria and noticing procedures.
This ability to combine reviews has greatly improved the City's development review
process. Prior to 1999, conflicting approvals were common.
Staff is proposing the ability to consolidate Commercial Design Review with other
reviews. This would likely occur when a project is within a historic district and
subject to HPC review. It could also occur when a project is being processed as a
PUD subject to Council approval, in which case the review could be combined with
Council's PUD review.
Council Call-Up Procedure: During work sessions on this topic, Council expressed
some interest in having oversight of this review. Staff does not recommend this
review rest with Council. This type of development review should rest with a
development review board that is already reviewing the project and is familiar with its
intimate details.
However, staff has included a mandatory noticing process and the ability for Council
to "call-up" a decision. This will keep Council informed of new projects and permit
it to review a specific project without requiring that all projects be reviewed at a
Council level. This is modeled on the HPC review process. There is also an appeal
process for aggrieved applicants.
Utility/Trash/Recycle Service Area Amendment: This is essentially a clean-up of
existing language, with one exception. The area requirement for utilities and trash
has been 15 linear feet. Staff added recycling to this list of service space needs and
upped the requirement to 20 linear feet. For small parcels (3,000 square feet or less)
the requirement remains 15 linear feet.
3
,.
CITY MANAGER'S COMMENTS: I~ --<~U<~" Q
Ifr~
~~ ~ 0--
RECOMMENDED MOTION:
"I move to approve Ordinance No.~ Series of2005, upon first reading."
A TT ACHMENTS:
A - Review Criteria
B - Council Work Session Summary
C - Excerpt from 200 I Infill Report
4
;"""'.
'-"""
"
';..",1'
ORDINANCE NO. S
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.412-
COMMERCIAL DESIGN REVIEW, SECTION 26.575.030 - PEDESTRIAN
AMENITY, AND SECTION 26.575.060 - UTILITYffRASHIRECYCLE SERVICE
AREA OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Director of the Community Development Department to
propose amendments to the Land Use Code, part of the City of Aspen Municipal Code,
related to the Infill Report, a report developed by a city-commissioned advisory group,
the Infill Advisory Group, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the purpose of the Ihfill Program is to implement action items
identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a
report commissioned by the City of Aspen in 2000), recommendations of the Infill Report
(a report produced by the Infill Advisory Group in January, 2002), and the
Recommendations of the Economic Sustainability Committee (a joint project between the
City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute
Community Forum concluded in September, 2002) that call for:
. intensification ofland uses within the traditional townsite.
. focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city.
. retention of existing commercial and lodging uses.
. increased vitality of the downtown retail environment.
. rejuvenation of aging commercial properties.
. development of mixed-use buildings with housing opportunities for locals.
. revisions to, or elimination of, identified barriers to successful infill development
such as the costs of development exactions, growth management penalties for
redeveloping buildings, and the length and uncertainty of approval processes.
. revisions to the strategy implementing growth management to emphasize quality
of development as opposed to just the quantity of development.
. balance between the community and the resort aspects of Aspen.
. sustainability of the local social and economic conditions.
. The creation of a development enviromnent in which private sector motivation is
leveraged to address community goals; and,
WHEREAS, the amendments herein relate to the following Sections of the Land
Use Code, Title 26 of the Aspen Municipal Code:
26.412 - Commercial Design Review
26.575.030 - Pedestrian Amenity
Ordinance No._, Series of2005
Page I of 16
...CA"
26.575.060 - Utility/Trash/Recycle Service Area; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of
the proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on
September 3, 2002, continued to September 17, 2002, continued to September 24, 2002,
continued to October I, 2002, continued to October 8, 2002, continued to October 15,
2002, continued to October 22, 2002, continued to October 29, 2002, continued to
November 5, 2002, continued to November 12,2002, continued to November 19, 2002,
continued to November 26, 2002, continued to December 10, 2002, and continued to
December 17, 2002, took and considered public testimony at each of the aforementioned
hearing dates and the recommendation of the Community Development Director and
recommended, by a five to one (5-1) vote, City Council adopt the proposed amendments
to the land use code by amending the text of the above noted Chapters and Sections of the
Land Use Code; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Chapter 26.412, Commercial Design Review, which Chapter describes process and
criteria for reviewing the design of commercial, lodging, and mixed-use buildings, shall
read as follows:
26.412
COMMERCIAL DESIGN REVIEW
26.412.010 Purpose.
26.412.020 Authority.
Ordinance No._, Series of2005
Page 2 of 16
,,<'" ,
26.412.030
26.412.040
26.412.050
26.412.060
26.412.070
26.412.080
26.412.090
Applicability .
Procedure
Review Criteria.
Commercial Design Standards.
Suggested Design Elements.
Amendment of Commercial Design Review Approval.
Appeals
26.412.010 Purpose.
The purpose of Commercial Design Review is to preserve and foster proper commercial
district scale and character, and to ensure that Aspen's commercial areas and streetscapes
are public places conducive to walking. The review standards do not prescribe
architectural style, but do require certain building elements contribute to the streetscape.
The character of Aspen's commercial district is largely established by the variety of uses
and the relationship between front facades of buildings and the streets they face. By
requiring certain building elements to be incorporated in the design of new and
remodeled buildings, storefronts are more appealing and can contribute to a well-
designed, exciting commercial district.
Accommodation of the automobile within commercial districts is important to the
consistency and quality of pedestrian streetscapes. The standards prescribe certain
methods of accommodating on-site parking to achieve enviromnents conducive to
walking.
Acknowledgement of the context that has been established by the eXlstmg built
environment is important to protecting the uniqueness of the town. To achieve
compatibility, certain standards require building elements to be influenced by adjoining
development, views, pedestrian malls, or sun angles.
Finally, along with creating architecturally interesting and lively primary streets, the
pedestrian nature of downtown can be further enhanced by making alleys an attractive
place to walk. Store entrances and display windows along alleyways are encouraged to
augment, while not detracting from, the pedestrian interest of primary streets.
26.412.020 Authority.
The Planning and Zoning Commission, in accordance with the procedures, standards, and
limitations of this Chapter and of Common Development Review Procedures, Section
26.304, shall approve, approve with conditions, or disapprove a land use application for
Commercial Design Review, pursuant to Section 26.412.050, Review Criteria.
If the land use application is subject to review by the Historic Preservation Commission
and the application has been approved for a combined review process, pursuant to
Section 26.304.060.B - Combined Reviews, the Historic Preservation Commission shall
approve, approve with conditions, or disapprove the land use application for Commercial
Design Review, pursuant to Section 26.412.050, Review Criteria.
Ordinance No._, Series of2005
Page 3 of 16
I.-'~,
..... .;
26.412.030 Applicability. This section applies to all commercial, lodging, and mixed-
used development with a commercial component, within the City of Aspen requiring a
building permit.
Applications for commercial development may be exempted from the provisions of this
section by the Community Development Director if the development is:
I. An addition or remodel of an existing structure that either does not change the
exterior of the building or, in the opinion of the Community Development
Director, changes the exterior in such a minimal manner as to not justify this
reView.
2. A remodel of a structure where proposed alterations affect aspects of the exterior
of the building not addressed by the Commercial Design Standards of Section
26.412.060.
3. A development activity not subject to any other reviews requiring approval by
either the Planning and Zoning Commission or the Historic Preservation
Commission.
26.412.040 Procedure
A. Pre-Application.
Pursuant to Section 26.304.020, Pre-Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department
to clarify the requirements of this section and to determine if a project may be
exempted from the provisions of this section. This step is not mandatory.
B. Application.
A development application for Commercial Design Review shall include the requisite
information and materials, pursuant to Section 26.304.030. In addition, the
application shall include scaled floor plans and elevations for the proposed
development. The Community Development Director, at his/her own discretion, may
require additional submission materials according to the complexity of the
development proposal. The application shall be submitted to the Community
Development Department along with any requisite review fees.
C. Community Development Director Review.
The Community Development Director shall review the proposed development in
accordance with Section 26.304, Common Development Review Procedures, and in
relation to Section 26.412.050, Review Criteria, and Section 26.412.060, Commercial
Design Standards.
D. Planning and Zoning Commission Review.
Applications for Commercial Design Review shall be forwarded to the Planning and
Zoning Commission along with a recommendation by the Community Development
Director. If the application is subject to review by the Historic Preservation
Commission and has been approved for a combined review process, pursuant to
Section 26.304.060.B - Combined Reviews, the application shall be forwarded to the
Ordinance No._, Series of2005
Page 4 of 16
,.<.,~
-.",--
"
Historic Preservation Commission along with a recommendation from the
Community Development Director.
The Planning and Zoning Commission or Historic Preservation Commission, as
applicable, shall review the proposed development, at a public hearing in accordance
with Section 26.304, Common Development Review Procedures, and approve,
approve with conditions, or deny the application based on the criteria of Section
26.412.050, Review Criteria, and Section 26.412.060, Commercial Design Standards.
Public notice for the public hearing shall be provided by publication, posting, and
mailing. (See Section 26.304.060(E)(3)(a), (b), and (c).)
E. Notice to City Council and Call-Up
I. Notice to Citv Council. Following the adoption of a resolution approving or
approving with conditions a development application for Commercial Design
Review, City Council shall be promptly notified of the action to allow the City
Council an opportunity to avail itself of the Call-Up procedure set forth below.
Notification shall consist of a description in written and graphic form of the project
with a copy of the approving document. Also see appeal procedures, Section
26.412.090.
2. Call-Uo. Following the adoption of a resolution approving or approving with
conditions a development application for Commercial Design Review, the City
Council may order call-up of the action within thirty (30) days of the decision, action
or determination. Consequently no associated permits can be issued during the thirty
(30) day call-up period. If City Council does not call-up the action within the call-up
period, the resolution shall.be the final decision on the matter.
3. Citv Council action on call UP. The City Council shall consider the application on
the record established before the Planning and Zoning Commission or Historic
Preservation Commission, as applicable. The City Council shall affirm the decision of
the Commission unless there is a finding that there was a denial of due process, or the
Commission exceeded its jurisdiction or abused its discretion. The City Council shall
lake such action as is deemed necessary 10 remedy said situation, including, but not
limited to:
a. Reversing the decision.
b. Altering the conditions of approval.
c. Remanding the application to the Commission for rehearing.
26.412.050 Review Criteria.
An application for Commercial Design Review may be approved, approved with
conditions, or denied based on conformance with the following criteria:
1. The proposed development meets the requirements of Section 26.412.060,
Commercial Design Standards or any deviation from the Standards provides a
more-appealing pattern of development considering the context in which the
development is proposed and the purpose of the particular standard. Unique site
Ordinance No._, Series of2005
Page 5 of 16
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constraints can justify a deviation from the Standards. Compliance with Section
26.412.070, Suggested Design Elements, is not required but may be used to
justify a deviation from the Standards.
2. For proposed development converting an existing structure to commercial use, the
proposed development meets the requirements of Section 26.412.060,
Commercial Design Standards, to the greatest extent practical. Amendments to
the fa~ade of the building may be required to comply with this section.
3. For properties listed on the Inventory of Historic Sites and Structures or located
within a Historic District, the proposed development has received Conceptual
Development Plan approval from the Historic Preservation Commission, pursuant
to Chapter 26.415. This criterion shall not apply if the development activity does
not require review by the Historic Preservation Commission.
26.412.060 Commercial Design Standards. The following design standards shall
apply to commercial, lodging, and mixed-use development:
A. Building Relationship to Primary Street.
A street wall is comprised of buildings facing principal streets and public pedestrian
spaces. Consistent street walls provide a sense of a coherent district and frame an
outdoor room. Interruptions in this enclosure can lessen the quality of a commercial
street. Corner buildings are especially important, in that they are more visible and their
scale and proportion affects the street walls of two streets. Well-designed and located
pedestrian open spaces can positively affect the quality of the district, while remnant or
leftover spaces can detract from the downtown. A building's relationship to the street is
entirely important to the quality of the downtown pedestrian environment. Split-level
retail and large vertical separations from the sidewalk can disrupt the coherence of a retail
district. The following standards shall apply:
I. Building facades shall be parallel to the adjoining primary streets. Minor
elements of the building fayade may be developed at irregular angles.
2. Building facades along primary streets shall be setback no more than the average
setback of the adjoining buildings and no less than the minimum requirement of
the particular zone district. Exempt from this provision are building setbacks
accommodating On-Site Pedestrian Amenity, pursuant to Section 26.575.030.
3. Building facades along primary streets shall maintain a consistent setback on the
first and second story.
4. Commercial buildings shall be developed with the first floor at, or within two (2)
feet above, the level of the adjoining sidewalk, or right-of-way if no sidewalk
exists. "Split-level" retail frontage is prohibited.
5. Commercial buildings incorporating a setback from a primary street shall not
incorporate a substantial grade change between the building fa~ade and the public
right-of-way. "Moats" surrounding buildings are prohibited.
Ordinance No._, Series of2005
Page 6 of 16
'..""
,
B. Pedestrian Amenity Space.
Creative, wel1-designed public places and settings contribute to an attractive, exciting,
and vital downtown retail district and a pleasant pedestrian shopping and entertainment
atmosphere. Pedestrian amenity can take the form of physical or operational
improvements to public rights-of-way or private property within commercial areas.
On parcels required to provide pedestrian amenity, pursuant to Section 26.575.030 -
Pedestrian Amenity, the following standards shall apply to the provision of such amenity.
Acceptance of the method or combination of methods of providing the Pedestrian
Amenity shall be at the option of the Planning and Zoning Commission, or the Historic
Preservation Commission as applicable, according to the procedures herein and according
to the fol1owing standards:
I. The dimensions of any proposed on-site pedestrian amenity sufficient! y allow for
a variety of uses and activities to occur considering any expected tenant and
future potential tenants and uses.
2. The pedestrian amenity contributes to an active street vitality. To accomplish this
characteristic, public seating, outdoor restaurant seating or similar active uses,
shade trees, solar access, view orientation, and simple at-grade relationships with
adjacent rights-of-way are encouraged.
3. The pedestrian amenity, and the design and operating characteristics of adjacent
structures, rights-of-way, and uses, contributes to an inviting pedestrian
enviromnent.
4. The proposed amenity does not duplicate existing pedestrian space created by
malls, sidewalks, or adjacent property, or such duplication does not detract from
the pedestrian enviromnent.
5. Any variation to the Design and Operational Standards for Pedestrian Amenity,
Section 26.575.030(F) promote the purpose of the pedestrian amenity
requirements.
6. The Planning and Zoning Commission or Historic Preservation Commission, as
applicable, may reduce the pedestrian amenity requirement by any amount, such
that no more than half the requirement is waived, as an incentive for well-
designed projects having a positive contribution to the pedestrian environment.
The resulting requirement may not be less than 10%. On-site provision shall not
be required for a reduction in the requirement. A mix of uses within the proposed
building that enliven the surrounding pedestrian environment may be considered.
C. Street-Level Building Elements.
The "storefront," or street-level portion of a commercial building is perhaps the single
most important element of a commercial district building. Effective storefront design can
make an entire district inviting and pedestrian friendly. Unappealing storefront design
can become a detriment to the vitality of a commercial district. In order to be an effective
facility for the sale of goods and services, the storefront has traditionally been used as a
tool to present those goods and services to the passing pedestrian (potential customer).
Because of this function, the storefront has traditionally been as transparent as possible to
allow maximum visibility to the interior. The following standards shal1 apply:
Ordinance No._, Series of2005
Page 7 of 16
1. Unarticulated, blank walls are prohibited. Fenestration, or an alternate means of
fayade articulation, is required on all exterior walls.
2. Retail buildings shall incorporate, at a minimum, a 60% fenestration ratio on
exterior street-level walls facing primary streets. (For example: each street-level
wall of a retail building that faces a primary street must be comprised of at least
60% fenestration penetrations and no more than 40% solid materials.) This
provision may be reduced or waived for lodging properties with no, or limited,
street-level retail, office buildings with no retail component, and for
Service/Commercial/Industrial buildings.
3. Building entrances shall be well-defined and apparent.
4. Building entrances shall be designed to accommodate an internal airlock such that
temporary seasonal airlocks on the exterior of the building are unnecessary.
5. Non-traditional storefronts, such as along an alleyway, are encouraged.
D. Parking.
Parking is a necessary component of a successful commercial district. The manner in
which parking is physically accommodated has a larger impact upon the quality of the
district that the amount of parking. Surface parking separating storefronts from the street
creates a cluttered, inhospitable pedestrian environment. A downtown retail district
shaped by buildings, well-designed storefronts, and a continuous street wall is highly
preferred over a district shaped by parking lots. Well-placed and well-designed access
points to parking garages can allow convenient parking without disrupting the retail
district. The following standards shall apply:
I. Parking shall only be accessed from alleyways, unless such access is unavailable
or an unreasonable design solution in which case access from a primary street
shall be designed in a manner that minimizes disruption of the pedestrian
environment.
2. Surface parking shall not be located between the Street right-of-way and the
building fayade.
3. Above grade parking garages in commercial districts shall incorporate ground-
floor commercial uses and be designed in a manner compatible with surrounding
buildings and uses.
4. Above grade parking garages shall not reveal internal ramping on the exterior
fayade of the building.
E. Utility, Delivery, and Trash Service Provision.
When the necessary logistical elements of a commercial building are well designed, the
building can better contribute to the overall success of the district. Poor logistics of one
building can detract from the quality of surrounding properties. Efficient delivery and
trash areas are important to the function of alleyways. The following standards shall
apply:
I. A utility, trash, and recycle service area shall be accommodated along the alley
meeting the minimum standards established by Section 26.575.060
Ordinance No._, Series of2005
Page 8 of 16
Utility/Trash/Recycle Service Areas, unless otherwise established according to
said section.
2. All utility service pedestals shall be located on private property and along the
alley. Easements shall allow for service provider access. Encroachments into the
alleyway shall be minimized to the extent practical and should only be necessary
when existing site conditions, such as a historic resource, dictate such
encroachment. All encroachments shall be properly licensed.
3. Delivery service areas shall be incorporated along the alley. Any truck loading
facility shall be an integral component of the building. Shared facilities are highly
encouraged.
4. Mechanical exhaust, including parking garage ventilation, shall be vented through
the roof. The exhaust equipment shall be located as far away from the Street as
practical.
5. Mechanical ventilation equipment and ducting shall be accommodated internally
within the building and/or located on the roof, minimized to the extent practical
and recessed behind a parapet wall or other screening device such that it shall not
be visible from a public right-of-way at a pedestrian level. New buildings shall
reserve adequate space for future ventilation and ducting needs.
26.412.070 Suggested Design Elements. The following guidelines are building
practices suggested by the City, but are not mandatory. In many circumstances,
compliance with these practices may not produce the most-desired development and
project designers should use their best judgment.
A. Sifznaze:
Signage should be integrated with the building to the extent possible. Integrated
signage areas already meeting the City's requirements for size, etc. may minimize
new tenant signage compliance issues. Common tenant listing areas also serves a
public wayfinding function, especially for office uses. Signs should not block design
details of the building on which they are placed. Compliance with the City's sign
code is mandatory.
B. Disvlav windows.
Display windows provide pedestrian interest and can contribute to the success of the
retail space. Providing windows that reveal inside activity of the store can provide
this pedestrian interest.
C. Lizhtinz:
Well-lit (meaning quality, not quantity) display windows along the first floor create
pedestrian interest after business hours. Dynamic lighting methods designed to catch
attention can cheapen the quality of the downtown retail enviromnent. l1luminating
certain important building elements can provide an interesting effect. Significant light
trespass should be avoided. l1luminating the entire building should be avoided.
Compliance with the City's Outdoor Lighting code, Section 26.575.050, is
mandatory.
Ordinance No._, Series of2005
Page 9 of 16
D. Original Townsite Articulation:
Buildings spanning more than one Original Townsite Lot should incorporate fa~ade
expressions coincidental with these original parcel boundaries to reinforce historic
scale. This may be inappropriate in some circumstances, such as on large comer lots.
E. Architectural Features:
Parapet walls should be used to shield mechanical equipment from pedestrian views.
Aligning cornices and other architectural features with adjacent buildings can relate
new buildings to their historical surroundings. Awnings and canopies can be used to
provide architectural interest and shield windows and entryways from the elements.
26.412.080 Amendment of Commercial Design Review Approval.
A. Insubstantial Amendment.
An insubstantial amendment to a Commercial Design Review approval may be
authorized by the Community Development Director if:
1. The change is in conformance with the Design Standards, Section 26.412.060, the
change represents a minimal affect on the aesthetics of the proposed development, or
the change is consistent with representations made during the original review
concerning potential changes of the development proposal considered appropriate by
the decision-making body; and,
2. The change requires no other land use action requiring review by the Planning and
Zoning Commission.
B. Other Amendments.
All other amendments to a Commercial Design Review approval shall be reviewed
pursuant to the standards and procedures of this Section.
26.412.090 Appeals.
An applicant aggrieved by a determination made by the Planning and Zoning
Commission, or the Historic Preservation Commission as applicable, pursuant to this
Chapter, may appeal the decision to the City Council, pursuant to the procedures and
standards of Section 26.316, Appeals.
Section 2:
Section 26.575.030, Pedestrian Amenity, which section authorizes, describes, and
regulates requirements for development to provide pedestrian amenities, shall
read as follows:
26.575.030 Pedestrian Amenity
A. Purpose. The City of Aspen seeks a vital, pleasant downtown pedestrian
environment. Pedestrian Amenity contributes to an attractive downtown retail district by
creating public places and settings conducive to an exciting pedestrian shopping and
entertainment atmosphere. Pedestrian amenity can take the form of physical or
operational improvements to public rights-of-way or private property within commercial
Ordinance No.
Page 10 of 16
, Series of 2005
areas. Pedestrian Amenity provided on the subject development site is referred to as On-
Site Pedestrian Amenity in this section.
B. Applicability and Requirement. The requirements of this Section shall apply to
the development of all land within the area bounded by Main Street, Original Street,
Dean Street, and Aspen Street. This area represents Aspen's primary pedestrian-oriented
commercial district. The linear extension of the centerline of these streets shall be used
to determine the boundary in instaI1ces where these streets are not developed or do not
connect. Whenever a parcel straddles this boundary, the requirement shall be lessened
proportionately (based on land area) for that parcel.
Twenty-five (25) percent of each parcel within the applicable area shall be provided as
Pedestrian Amenity. For redevelopment of parcels on which less than this twenty-five
(25) percent currently exists, the existing (prior to redevelopment) percentage shall be the
effective requirement provided no less than ten (10) percent is required. For
redevelopment of parcels in which ten (10) percent of the parcel is the requirement,
provision of a cash-in-lieu payment shall be automatically permitted with no further
review.
Exempt from these provlSlons shall be development consisting entirely of residential
uses. Also exempt from these provisions shall be the redevelopment of parcels where no
on-site pedestrian amenity currently exists, provided the redevelopment is limited to
replacing the building in its same dimensions as measured by footprint, height, and floor
area.
C. Provision of Pedestrian Amenity.
The Planning and Zoning Commission, pursuant to the review procedures and criteria of
Section 26.412 - Commercial Design Review, shall determine the appropriate method or
combination of methods for providing this required amenity. Any combination of the
following methods may be used such that the standard is reached.
1. On-Site Provision of Pedestrian Amenitv. A portion of the parcel designed in a
manner meeting the Design and Operational Standards for On-Site Pedestrian
Amenity, Section 26.575.030(C). The Planning and Zoning Commission shall
review the site plan, pursuant to section 26.412, Commercial Design Review.
2. Off-Site Provision of Pedestrian Amenitv. Proposed pedestrian amenities and
improvements to the pedestrian environment within proximity of the development
site may be approved by the Planning and Zoning Commission, pursuant to
Section 26.412 - Commercial Design Review. These may be improvements to
private property, public property, or public rights-of-way. An easement providing
public access over an existing public amenity space for which no easement exists
may be accepted if such easement provides permanent public access and is
acceptable to the City Attorney. Off-Site improvements shall equal or exceed the
value of an otherwise required cash-in-lieu payment and be consistent with any
public infrastructure or capital improvement plan for that area.
3. Cash-in-lieu Provision. The Planning and Zoning Commission, pursuant to
Section 26.412 - Commercial Design Review, may accept a cash-in-lieu payment
Ordinance No._, Series of2005
Page II of 16
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for any portion of required pedestrian amenity not otherwise physically provided,
according to the procedures and limitations of Section 26.575.030.E, Cash-in-
Lieu Payment.
4. Alternative Method. The Planning and Zoning Commission, pursuant to Section
26.412 - Commercial Design Review, may accept any method of providing
Pedestrian Amenity not otherwise described herein if the Commission finds that
such method equals or exceeds the value, which may be non-monetary
community value, of an otherwise required cash-in-lieu payment.
D. Reduction of Requirement. The Planning and Zoning Commission, or Historic
Preservation Commission as applicable, pursuant to the procedures and criteria of Section
26.412 - Commercial Design Review - may reduce the pedestrian amenity requirement
by any amount, such that no more than half the requirement is waived, as an incentive for
well-designed projects having a positive contribution to the pedestrian enviromnent. The
resulting requirement may not be less than 10%.
The Historic Preservation Commission may reduce by any amount the requirements of
this section for Historic Landmark properties upon one of the following circumstances:
1. When the Historic Preservation Commission approves the on-site relocation of a
Historic Landmark such that the amount of on-site pedestrian space is reduced
below that required by this Chapter.
2. When the manner in which a Historic Landmark building was originally
developed reduces the amount of on-site pedestrian amenity required by this
Chapter.
3. When the redevelopment or expansion of a Historic Landmark constitutes an
exemplary preservation effort deserving of an incentive or reward.
E. Payment in lieu. When the method of providing pedestrian amenity includes a
cash-in-lieu payment, the following provisions and limitations shall apply:
Formula for determining cash-in-lieu payment:
Payment = [Land Value] x [Pedestrian Amenity Percentage]
Where: Land Value = Value of the unimproved land.
Pedestrian Amenity Percentage = Percent of the parcel required
to be provided as a pedestrian amenity, pursuant to Section
26.575.030(B) lessened by other methods of providing the
amenity.
Land Value shall be the lesser of fifty (50) dollars per square foot multiplied by
the number of square feet constituting the parcel or the appraised value of the
unimproved property, determined by the submission of a current appraisal
performed by a qualified professional real estate appraiser and verified by the
Community Development Director. An applicant may only waive the current
appraisal requirement by accepting the fifty (50) dollar per square foot standard.
Ordinance No._, Series of2005
Page 12 of 16
Acceptance of a cash-in-lieu of Pedestrian Amenity shall be at the option of the
Planning and Zoning Commission, or the Historic Preservation Commission as
applicable, pursuant to Section 26.412 - Commercial Design Review. The
payment-in-lieu of pedestrian amenity shall be due and payable at the time of
issuance of a building permit. The City Manager, upon request, may allow the
required payment-in-lieu to be amortized in equal payments over a period of up to
five years, with or without interest.
All funds shall be collected by the Community Development Director and
transferred to the Finance Director for deposit in a separate interest bearing
account. Monies in the account shall be used solely for the purchase,
development, or capital improvement of land or public rights-of-way for open
space, pedestrian amenity, or recreational purposes within or adjacent to the
applicable area in which this requirement applies. Funds may be used to acquire
public use easements.
Fees collected pursuant to this section may be returned to the then present owner
of property for which a fee was paid, including any interest earned, if the fees
have not been spent within seven (7) years from the date fees were paid, unless
the City Council shall have earmarked the funds for expenditure on a specific
project, in which case the City Council may extend the time period by up to three
(3) more years. To obtain a refund, the present owner must submit a petition to
the Finance Director within one (I) year following the end of the seventh (7th)
year from the date payment was received.
F or the purpose of this section, payments shall be spent in the order in which they
are received. Any payment made for a project for which a building permit is
canceled, due to non-commencement of construction, may be refunded if a
petition for refund is submitted to the finance director within three (3) months of
the date of the cancellation of the building permit. All petitions shall be
accompanied by a notarized, sworn statement that the petitioner is the current
owner of the property and by a copy of the dated receipt issued for payment of the
fee.
F. Design and Operational Standards for Pedestrian Amenity. Pedestrian amenity,
on all privately-owned land in which pedestrian amenity is required, shall comply
with the following provisions and limitations:
I. Oven to View. Pedestrian amenity areas shall be open to view from the street at
pedestrian level, which view need not be measured at right angles.
2. Oven to Skv. Pedestrian amenity areas shall be open to the sky. Temporary and
seasonal coverings, such as umbrellas and retractable canopies are permitted.
Such non-permanent structures shall not be considered as floor area or a reduction
in pedestrian amenity on the parcel.
Trellis structures shall only be permitted in conjunction with commercial
restaurant uses on a designated Historic Landmark or within (H) Historic overlay
zones and must be approved pursuant to review requirements contained in
Ordinance No.
Page 13 of 16
, Series of 2005
Chapter 26.415 - Development Involving the Aspen Inventory of Historic
Landmark Sites and Structures or Development within a Historic District. Such
approved structures shall not be considered as floor area or a reduction in
pedestrian space on the parcel.
3. No Walls/Enclosures. Pedestrian amenity areas shall not be enclosed. Temporary
structures, tents, air exchange entries, plastic canopy walls, and similar devices
designed to enclose the space. are prohibited, unless approved as a temporary use,
pursuant to Section 26.450. Low fences or walls shall only be permitted within or
around the perimeter of pedestrian space if such structures shall permit views
from the street into and throughout the pedestrian space.
4. Prohibited Uses. Pedestrian amenity areas shall not be used as storage areas,
utility/trash service areas, delivery area, parking areas or contain structures of any
type, except as specifically provided for herein. Vacated rights-of-way shall be
excluded from pedestrian amenity calculations.
5. Grade Limitations. Required pedestrian amenity shall not be more than four (4)
feet above or two (2) feet below the existing grade of the street or sidewalk which
abuts the pedestrian space, unless the pedestrian amenity space shall follow
undisturbed natural grade, in which case there shall be no limit on the extent to
which it is above or below the existing grade of the street.
6. Pedestrian Links. In the event that the City of Aspen shall have adopted a trail
plan incorporating mid-block pedestrian links, any required pedestrian space
must, if the city shall so elect, be applied and dedicated for such use.
7. Landscavinz Plan. Prior to issuance of a building permit, the Community
Development Director shall require site plans and drawings of any required
pedestrian amenity area, including a landscaping plan, and a bond in a satisfactory
form and amount to insure compliance with any pedestrian amenity requirements
under this title.
8. Maintenance of Landscavinz. Whenever the landscaping required herein is not
maintained, the Chief Building Official, after thirty (30) days written notice to the
owner or occupant of the property, may revoke the certificate of occupancy until
said party complies with the landscaping requirements of this section.
9. Commercial Activitv. No area of a building site designated as required pedestrian
amenity space under this section shall be used for any commercial activity,
including, but not limited to, the storage, display, and merchandising of goods and
services; provided, however, that the prohibition of this subsection shall not apply
when such use is in conjunction with permitted commercial activity on an
abutting right-of-way or is otherwise permitted by the City. For outdoor food
vending in the Commercial Core District, also see Section 26.470.040(B)(3),
Administrative Growth Management Review.
10. Commercial Restaurant Use. The provisions above notwithstanding, required
pedestrian amenity space may be used for commercial restaurant use if adequate
pedestrian and emergency vehicle access is maintained.
Ordinance No._, Series of2005
Page 14 of 16
Section 3:
Section 26.575.060, Utility/Trash/Recycle Service Areas, which section describes
requirements to provide areas within a lot for the purpose of housing utility, trash,
and recycling facilities, shall read as follows:
26.575.060 Utility/Trash/Recycle Service Areas.
A. General. The following provisions shall apply to all utility/trash service areas:
I. If the property adjoins an alleyway, the utility/trash/recycle service area shall
be along and accessed from the alleyway. Unless entirely located on an
alleyway, all utility/trash service areas shall be fenced so as not to be visible
from the street, and such fences shall be six (6) feet high from grade. All
fences shall be of sound construction and shall be no less than 90% opaque.
2. Whenever this Title shall require that an utility/trash/recycle service area be
provided abutting an alley, buildings may extend to the rear property line if
otherwise allowed by this title provided that an open area is provided which
shall be accessible to the alley, and which meets the dimensional requirements
of this section.
3. A minimum of twenty (20) linear feet of the utility/trash service area shall be
reserved for box storage, utility transformers or equipment, building access,
and trash and recycling facilities. For properties with 30 feet, or less, of alley
frontage, this requirement shall be fifteen (15) linear feet. For properties with
no alley access, no requirement shall apply. The required area shall have a
minimum vertical clearance of 10 feet and a minimum depth of 10 feet at
ground level. The required area shall not be used for required parking or as
vehicular access to a parking area.
4. The Planning and Zoning Commission may reduce the required dimensions of
this area by special review (see Chapter 26.430) and in accordance with the
standards set forth below at Section 26.575.060(B).
Section 4:
This Ordinance 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 5:
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.
Section 6:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Ordinance No._, Series of2005
Page 15 of 16
Section 7:
A public hearing on the Ordinance shall be held on the _day of ,
2005, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado,
fifteen (15) days prior to which hearing a public notice of the same was published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the _,2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
C: IhomelinfilllCommerciallComDesignPedAmen.doc
Ordinance No._, Series of2005
Page 16 of 16
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