HomeMy WebLinkAboutresolution.apz.016-07
RESOLUTION NO. 16
(SERIES OF 2007)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
ASPEN, RECOMMENDING APPROVAL OF THE REPEAL AND RE-ENACTMENT OF
TITLE 26, PART 400, CHAPTER 412, COMMERCIAL DESIGN REVIEW, OF THE CITY OF
ASPEN MUNICIPAL CODE AND TITLE 26, PART 500, CHAPTER 575, SECTION 030,
PEDESTRIAN AMENITY.
WHEREAS, the amendments requested relate to the following Chapters and Sections
of the Land Use Code, Title 26 of the Aspen Municipal Code:
26.412 - Commercial Design Review
26.575.030 -Public Amenity; 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, in order to encourage continued vitality and excellent architecture within
the community, certain development requirements are prescribed by the land use code through
Chapter 26.412, Commercial Design Review; and,
WHEREAS, as an additional means of encouraging a social liveliness public amenity
spaces are required; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments of the code, as described herein; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen Area
Community Plan, which in part calls for:
. An emphasis on the quality of development as opposed to just the quantity of
development.
. A balance between the community and the resort aspects of Aspen.
. The long-term sustainability of the local social and economic conditions of Aspen.
. Continuing to build on what we have by authentically preserving historic structures
and creating thoughtful new buildings that encourage and shape that feeling of
historical continuity.
. Creating a more vibrant town with appropriate mixed uses and a variety of building
sizes. Allow historic patterns to inform new development throughout town.
. Retaining and encourage an eclectic mix of design styles to maintain and enhance the
special character of our community.
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. Developing a big picture view and a "pattern language" for Aspen. Tools should be
developed to help achieve our design quality goals that are simple, clear, and well
coordinated; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on March 19,
2007, continued the hearing to April 4, 2007, April 9, 2007, and then again to April 10, 2007,
took and considered public testimony and the recommendation of the Community
Development Director and recommended, by a five to zero (5-0) 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, as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY PLANNING AND
ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Chapter 26.412, Commercial Design Review, of the Municipal Code, which chapter sets forth
the standards, criteria, and procedure for commercial design review, is hereby repealed in full
and re-enacted to read as follows:
26.412
COMMERCIAL DESIGN REVIEW
26.412.010 Purpose.
26.412.020 Applicability.
26.412.030 Review Authority.
26.412.040 Review Procedure
26.412.050 Review Criteria.
26.412.060 Commercial Design Standards.
26.412.070 Suggested Design Elements.
26.412.080 Amendment of Commercial Design Review Approval.
26.412.010 Purpose.
The purpose of Commercial Design Review is to preserve and foster proper commercial district
scale and character, and to ensure that 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.
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Accommodation of the automobile within commercial districts is important to the consistency
and quality of pedestrian streetscapes. The standards prescribe certain methods of
accommodating on-site parking to achieve environments conducive to walking.
Acknowledgement of the context that has been established by the existing built environment is
important to protecting the uniqueness of the 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 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:
A. An addition or remodel of an existing structure that either does not change the exterior of
the building or, is determined by the Community Development Director, changes the
exterior in such a minimal manner as to not justify this review.
B. A remodel of a structure where proposed alterations affect aspects of the exterior of the
building not addressed by the Commercial Design Standards of Section 26.412.060.
26.412.030 Review AuthorUy.
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, with the exception of
development that is located within the Commercial Core Historic District, the Main Street
Historic District or on a property that is listed on the Inventory of Historic Landmark Sites and
Structures.
When development or a portion thereof is located or proposed to be located within the
Commercial Core Historic District, the Main Street Historic District or on a property that is or is
under consideration, by application of the applicant, to be listed on the Inventory of Historic
Landmark Sites and Structures, the Commercial Design Review shall be subject to review by the
Historic Preservation Commission. The Historic Preservation Commission shall approve,
approve with conditions, or disapprove the land use application for Commercial Design Review,
pursuant to Section 26.412.050, Review Criteria.
Both the Planning and Zoning Commission and the Historic Preservation Commission may from
time to time provide referral comments to each other on a specific application. The reviewing
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Commission shall take the comments into consideration but shall not be required to adhere to the
comments in their review of an application.
26.412.040 Review Procedure
A. Review Process. Commercial Design Review is divided into a two-step process known as
Conceptual Design and Final Design. Pursuant to Section 26.304.020, Pre-Application
Conference, Applicants are encouraged, although not required, to meet with a City Planner of
the Community Development Department to clarify the requirements of this section and to
determine if a project may be exempted from the provisions of this section.
Consolidation of Applications and Combining of Reviews may be permitted. The procedures
for Commercial Design Review include a two-step process requiring approval by a
Commission of a Conceptual Design and then a Final Design. If a development project
involves additional City Land Use approvals, the Community Development Director may
consolidate or modify the review process accordingly, pursuant to section 26.304.060(B);
however, an application for Conceptual Design Review shall not be consolidated with a
growth management review.
When the Historic Preservation Commission has purview over Commercial Design Review,
an application for Commercial Design Review shall be consolidated with the appropriate
review process as required by section 26.415.070, Development involving designated
property. When an application is considered consolidated and a conflict between this Chapter
and Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites
and Structures or Development in an "H", Historic Overlay District arises, the regulations
of Chapter 26.415 shall supersede.
I. Conceptual Design Application. An application for a Conceptual Design shall include
the following:
a. The general application information required in section 26.304.030.
b. A site plan and survey showing property boundaries, the location and
orientation of existing and proposed improvements and predominant site
characteristics.
c. Scaled drawings of all proposed structure(s) or addition(s) depicting their
form, including their height, massing, scale, proportions and roof plan; and the
primary features of all elevations.
. d. Preliminary selection of primary building materials to be used in construction
represented by samples and/or photographs.
e. Supplemental materials to provide a visual description of the context
surrounding the property including at least one (I) of the following: diagrams,
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maps, photographs, models or streetscape elevations. Staff may request
specific additional materials including 3-D computer modeling.
f. Verification that the proposal complies with applicable sections of the Land
Use Code and Commercial and Lodging Design Objectives and Guidelines.
2. Conceptual Design Review. The procedures for the review of Conceptual Design are
as follows:
a. The Community Development Director shall review the application materials
submitted for Conceptual Design approval. If they are determined to be
complete, the applicant will be notified in writing of this and a public hearing
before the Planning and Zoning Commission or Historic Preservation
Commission shall be scheduled. Notice of the hearing shall be provided
pursuant to section 26.304.060(E)(3)(a),(b), and (c).
b. Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the applicable commercial design guidelines and
other applicable Land Use Code sections. This report will be transmitted to
the reviewing Commission with relevant information on the proposed project
and a recommendation to approve, disapprove or approve with conditions and
the reasons for the recommendation. The Commission will review the
application, the staff analysis report and the evidence presented at the hearing
to determine the project's conformance with the City's Commercial, Lodging
and Historic District Design Objectives and Guidelines.
c. The Commission may approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary to make a
decision to approve or deny.
d. A resolution of the Commission action will be forwarded to the City Council
in accordance with section 26.412.040 B., Appeals, Notice to City Council and
Call Up, and no hearing for Final Design application will be conducted until
the thirty (30) day "call up" period by City Council has expired.
3. Conceptual Design Approval. The effect of approval of a Conceptual Design is as
follows:
a. Approval of a Conceptual Design shall not constitute final approval of
Commercial Design Review. Such authorization shall only constitute
authorization to proceed with the preparation of an application for a Final
Design.
b. Approval of a Conceptual Design shall be binding upon Commission in
regards to the location and form of the envelope of the structure(s) and/or
addition(s) as depicted in the Conceptual Design application including its
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height, scale, massing and proportions. No changes will be made to this aspect
of the proposed development by the Commission as part of their review of the
Final Design unless agreed to by the applicant. If the applicant chooses to
makes substantial amendments to the Conceptual Design after it has been
approved, a new Conceptual Design hearing shall be required.
c. Unless otherwise specified in the Resolution granting Conceptual Design
approval, a development application for a Final Design shall be submitted
within one (1) year of the date of approval of a Conceptual Design. Failure to
file such an application within this time period shall render null and void the
approval of the Conceptual Development Plan. The Community Development
Director may, at its sole discretion and for good cause shown, grant a one-
time extension of the expiration date for a Conceptual Design approval for up
to twelve (12) months provided a written request for extension is received no
less than thirty (30) days prior to the expiration date.
4. Final Design Application. An application for a Final Development Plan shall include:
a. The general application information required in section 26.304.030.
b. Final drawings of all proposed structures(s) and/or addition(s) included as part
of the development at 1/4" = 1.0' scale.
c. An accurate representation of all major building materials to be used in the
development, depicted through samples or photographs.
d. A statement, including narrative text or graphics, indicating how the Final
Design conforms to representations made or stipulations placed as a condition
of the approval of the Conceptual Design, Staff may request specific
additional materials including 3-D computer modeling.
5. The procedures for the review of Final Design are as follows:
a. The Community Development Director shall review the application materials
submitted for Final Development Plan approval. If they are determined to be
complete, the applicant will be notified in writing of this and a public hearing
before the Planning and Zoning Commission or Historic Preservation
Commission shall be scheduled. Notice of the hearing shall be provided
pursuant to section 26.304.060(E)(3)(a),(b) and (c).
b. Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the applicable commercial design guidelines. This
report will be transmitted to the Commission with relevant information on the
proposed project and a recommendation to approve, disapprove or approve
with conditions and the reasons for the recommendation. The Commission
will review the application, the staff analysis report and the evidence
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presented at the hearing to determine the project's conformance with the
City's Commercial, Lodging and Historic District Design Objectives and
Guidelines.
c. The Commission may approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary to make a
decision to approve or deny.
d. Before an application for a building permit can be submitted, a final set of
plans reflecting any or all required changes by the Commission must be on
file with the City. Any conditions of approval or outstanding issues which
must be addressed in the field or at a later time shall be noted on the plans.
B. Appeals, Notice to City Council and Call-Up
1. Anneals. 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.
2. Notice to Citv Council. Following the adoption of a resolution approving or approving
with conditions a development application for Conceptual Design, 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-Un. 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 un. 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 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.
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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 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. Changes to the fayade of the building
may be required to comply with this section. .
3. The application shall meet the guidelines within the Commercial, Lodging and Historic
District Design Objectives and Guidelines as determined by the appropriate Commission.
26.412.060 Commercial Design Standards. The following design standards, in addition to the
Commercial, Lodging and Historic District Design Objectives and Guidelines shall apply to
commercial, lodging, and mixed-use development:
A. Public Amenity Space.
Creative, well-designed public places and settings contribute to an attractive, exciting, and
vital downtown retail district and a pleasant pedestrian shopping and entertainment
atmosphere. Public amenity can take the form of physical or operational improvements to
public rights-of-way or private property within commercial areas.
On parcels required to provide public amenity, pursuant to Section 26.575.030 - Public
Amenity, the following standards shall apply to the provision of such amenity. Acceptance
of the method or combination of methods of providing the Public Amenity shall be at the
option of the Planning and Zoning Commission or the Historic Preservation Commission as
applicable and according to the procedures herein and according to the following standards:
1. The dimensions of any proposed on-site public amenity sufficiently allow for a variety
of uses and activities to occur considering any expected tenant and future potential
tenants and uses.
2. The public amenity contributes to an active street vitality. To accomplish this
characteristic, public seating, outdoor restaurant seating or similar active uses, shade
trees, solar access, view orientation, and simple at-grade relationships with adjacent
rights-of-way are encouraged.
3. The public amenity and the design and operating characteristics of adjacent structures,
rights-of-way, and uses contributes to an inviting pedestrian environment.
4. The proposed amenity does not duplicate existing pedestrian space created by malls,
sidewalks, or adjacent property, or such duplication does not detract from the
pedestrian environment.
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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.
B. Utility, Delivery, and Trash Service Provision.
When the necessary logistical elements of a commercial building are well designed, the
building can better contribute to the overall success of the district. Poor logistics of one
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 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 Elemeuts.
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. Sirmaf!e:
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. Lif!:htinf!:
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Well-lit (meaning quality, not quantity) display windows along the first floor create
pedestrian interest after business hours. Dynamic lighting methods designed to catch
attention can cheapen the quality of the downtown retail environment. Illuminating certain
important building elements can provide an interesting effect. Significant light trespass
should be avoided. Illuminating the entire building should be avoided. Compliance with the
City's Outdoor Lighting code, Section 26.575.050, is mandatory.
26.412.080 Amendment of Commercial Design Review Approval.
A. Insubstantial Amendment.
"".".
!. Planning and Zoning Commission Approval. An insubstantial amendment to a
Commercial Design Review approval granted by the Planning and Zoning Commission may
be authorized by the Community Development Director if:
a. The change is in conformance with the Design Standards, Section 26.412.060, the
change represents a minimal 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,
b. The change requires no other land use action requiring review by the Planning and
Zoning Commission.
2. Historic Preservation Commission Approval. An insubstantial amendment to a
Commercial Design Review approval granted by the Historic Preservation Commission shall
comply with the standards outlined in Section 26.415.070 E.!., Insubstantial amendments.
B. Substantial Amendments. A substantial amendment to a Commercial Design Review
approval granted shall be reviewed pursuant to the standards and procedures of this Chapter.
Section 2:
Section 26.575.030, Pedestrian Amenity, of the Municipal Code, which section sets forth the
standards, criteria, and procedure for providing pedestrian amenity, is hereby repealed in full and
re-enacted to read as follows:
26.575.030 Public Amenity
A. Purpose. The City of Aspen seeks a vital, pleasant downtown pedestrian environment.
Public Amenity contributes to attractive commercial and lodging districts by creating public
places and settings conducive to an exciting pedestrian shopping and entertainment atmosphere.
Public amenity can take the form of physical or operational improvements to public rights-of-
way or private property within these districts. Public Amenity provided on the subject
development site is referred to as On-Site Public Amenity in this section.
B. Applicability and Requirement. The requirements of this Section shall apply to the
development of all commercial, lodging, and mixed use development within the area identified
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by the figure below. This area represents Aspen's primary pedestrian-oriented commercial
district, the commercial core zone district, as well as important mixed-use, neighborhood
commercial, service, and lodging districts.
01AAAcrt~AREA (lONfUISIHlCO
NllAl (o~fdalAJu j(-LU,LMU.NO
Afl[~2 Cl!l1tr3lMi~edUst iMU:
ARE.'" 3 RillerAppwad1(>CI,NC)
AREA.. Movr>U;~ 6a$E: lLLf')
r:::J Lodge i>f~"'rnonOv~-by IlP,POl
AREA6 (<Jmm~rci<ll (ole kistori( Di~lIk;t((q
MrllJ M.l~'Slr\'('t Hhtnritl)i<,,,i<:l{MII)
1. Requirement. Twenty-five (25) percent of each parcel within the applicable area shall be
provided as Public 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. A reduction in
the required public amenity may be allowed as provided in Section 26.575.030 D., Reduction
of Requirement.
2. Exemption. 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 public 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 Public Amenity.
The Planning and Zoning Commission or Historic Preservation Commission, pursuant to the
review procedures and criteria of Chapter 26.412, Commercial Design Review, shall determine
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the appropriate method or combination of methods for providing this required amenity. One or
more of the following methods may be used such that the standard is reached.
1. On-Site Provision of Public Amenitv. A portion of the parcel designed in a manner
meeting Section 26.575.030(F). Design and Operational Standards for On-Site Public
Amenity.
2. Off-Site Provision of Public Amenitv. Proposed pedestrian amenities and improvements
to the pedestrian environment within proximity of the development site may be approved
by the Commission, pursuant to Chapter 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 Commission, pursuant to Chapter 26.412, Commercial
Design Review, may accept a cash-in-lieu payment for any portion of required public
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 Commission, pursuant to Chapter 26.412 - Commercial Design
Review, may accept any method of providing Public 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. A reduction in the required Public Amenity may be approved
under the following circumstances:
I. The Planning and Zoning Commission pursuant to the procedures and criteria of
Chapter 26.412, Commercial Design Review, may reduce the Public 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%.
2. The Historic Preservation Commission, pursuant to the procedures and criteria of Chapter
26.412, Commercial Design Review, may reduce by any amount the requirements of this
section for Historic Landmark properties upon one of the following circumstances:
a. When the Historic Preservation Commission approves the on-site relocation of a
Historic Landmark such that the amount of on-site public space is reduced below that
required by this Chapter.
b.When the manner in which a Historic Landmark building was originally developed
reduces the amount of on-site public amenity required by this Chapter.
c.When the redevelopment or expansion of a Historic Landmark constitutes an exemplary
preservation effort deserving of an incentive or reward.
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E. Cash in-lieu Payment. When the method of providing public 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 [Public Amenity Percentage]
Where: Land Value = Value of the unimproved land.
Public Amenity Percentage = Percent of the parcel required to be provided as a
Public amenity, pursuant to Section 26.575.030(B) lessened by other methods of
providing the amenity.
Land Value shall be the lesser of seventy-five (75) 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 seventy-five (75) dollar per square foot standard.
Acceptance of a cash-in-lieu payment of Public Amenity shall be at the option of the
Planning and Zoning Commission, or the Historic Preservation Commission as
applicable, pursuant to Chapter 26.412, Commercial Design Review. The cash-in-lieu
payment of Public Amenity shall be due and payable at the time of issuance ofa 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, public 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.
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 shall be accompanied by a notarized, sworn statement that
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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 Public Amenity. Public amenity, on all privately-
owned land in which Public amenity is required, shall comply with the following
provisions and limitations:
1. Oven to View. Public 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. Public 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 Public
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 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 Public space on the parcel.
3. No Walls/Enclosures. Public 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 Public
space if such structures shall permit views from the street into and throughout the Public
space.
4. Prohibited Uses. Public 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 Public
amenity calculations.
5. Grade Limitations. Required Public 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 Public 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 or if a second level public amenity space is approved by the Commission.
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 Public amenity area,
including a landscaping plan, and a bond in a satisfactory form and amount to insure
compliance with any Public amenity requirements under this title.
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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 Public 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)(6), Administrative Growth Management Review.
10. Commercial Restaurant Use. The provisions above notwithstanding, required Public
amenity space may be used for commercial restaurant use if adequate pedestrian and
emergency vehicle access is maintained.
11. Desif!:n Guideline Comvliance. The design of the public amenity shall meet the
parameters of the City of Aspen Commercial, Lodging and Historic District Design
Objectives and Guidelines.
Section 3:
This Resolution shall not effect/affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein recommended, and the same shall be conducted and concluded
under such prior ordinances.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 10th day of
April, 2007.
APPROVED AS TO FORM:
~~~
G COMMISSION:
ATTEST:
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