HomeMy WebLinkAboutordinance.council.013-07
ORDINANCE NO. --1L
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, APPROVING 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, AND ADOPTING THE
"COMMERCIAL, LODGING AND HISTORIC DISTRICT DESIGN OBJECTIVES AND
GUIDELINES".
WHEREAS, the City Council of the City of Aspen directed the Planning Director of
the Community Development Department to propose amendments to the Land Use Code
related to Commercial Design Review and Pedestrian Amenity, pursuant to sections 26.208
and 26.212; and,
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, pursuant to Section 26.208.010 I, the City Council has the authority to
adopt by resolution or ordinance any plans, guidelines, or documents that will be used in a
guiding and regulatory capacity by the city; and,
WHEREAS, the long-term economic sustainability of Aspen depends upon the
continued economic success and aesthetic attractiveness of its commercial and lodging
districts; and,
WHEREAS, in order to encourage continued vitality and excellent architecture within
the community, certain development requirements are prescribed by the land use code and the
"Commercial, Lodging and Historic District Design Objectives and Guidelines"; 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 and adoption of the "Commercial, Lodging and Historic
District Design Objectives and Guidelines", 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.
· 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.
· Encouraging creativity and results in design solutions that are fresh and innovative, yet
are net additions to the built environment by being contextually appropriate and
harmonious without being copies of that which already exists.
. Retaining and encouraging an eclectic mix of design styles to maintain and enhance the
special character of our community.
. 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 01;1 March 19,
2007, April 4, 2007, April 9, 2007 and 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 via the
approval of Resolution No. 16 (Series 2007), as described herein; and,
WHEREAS, the Planning and Zoning Commission and the Historic Preservation
Commission opened the public hearing to consider adoption of the Commercial, Lodging and
Historic District Design Objectives and Guidelines on March 19,2007 and April 4, 2007, took
and considered public testimony and the recommendation of the Community Development
Director and both Commissions recommended via Resolution No. 17 (Series 2007) and
Resolution No. 15 (Series 2007), respectively, by a four to zero (4-0) vote of each
Commission, adoption of the Commercial, Lodging and Historic District Design Objectives
and Guidelines with conditions and recommended City Council adopt the document with
conditions; and,
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code and adoption of the Commercial, Lodging and Historic District
Design Objectives and Guidelines 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 The Historic Preservation 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 and adoption of the "Commercial, Lodging and Historic District Design Objectives and
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Guidelines" 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, 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:
26.412.010
26.412.015
26.412.020
26.412.030
26.412.040
26.412.050
26.412.060
26.412.070
26.412.080
26.412
COMMERCIAL DESIGN REVIEW
Purpose.
Adoption of Commercial Design Guidelines.
Applicability.
Review Authority.
Review Procedure.
Review Criteria.
Commercial Design Standards.
Suggested Design Elements.
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.
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.
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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.
26.412.015 Adoption of Commercial Design Guidelines.
Pursuant to the powers and authority conferred by the Charter of the City of Aspen, there is
hereby adopted and incorporated herein by reference as if fully set forth those standards
contained in the Commercial, Lodging and Historic District Design Objectives and Guidelines,
as amended by ordinance from time to time by the City Council. At least one (I) copy of the
aforementioned Guidelines shall be available for public inspection at the City of Aspen
Community Development Department during regular business hours.
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 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, 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.
When a proposed development, in the opinion of the Community Development Director and in
consultation with the applicant, has potential for significant community interest due to its
location, magnitude, or complexity, the Community Development Director shall require a joint
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review by the Planning and Zoning Commission and the Historic Preservation Commission
concurrently. In such situations, the two Boards shall function as one joint review board
pursuant to the procedures of the board with primary jurisdiction.
Both the Planning and Zoning Commission and the Historic Preservation Commission may from
time to time provide referral comments to each other on a specific application. The reviewing
Commission shall take the comments into consideration but shall not be required to adhere to the
comments in 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. 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.
If a proposed development, in the opinion of the Community Development Director and in
consultation with the applicant, does not require growth management review and is of limited
scope, the Director may authorize the application to bypass Conceptual Design Review and be
reviewed only for Final Design. In this circumstance, the City Council shall be promptly
notified of the Director's decision and afforded the opportunity to call-up the decision pursuant
to 26.41O.040.B - Appeals, Notice to City Council and Call-Up.
When the Historic Preservation Commission has purview over Commercial Design Review, an
application for Commercial Design Review shall be consolidated with the appropriate review
process as required by section 26.415.070, Development involving designated property. When an
application is considered consolidated and a conflict between this Chapter and Chapter 26.415,
Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or
Development in an "H", Historic Overlay District, arises, the regulations of Chapter 26.415
shall supersede.
1. Conceptual Design Application. An application for a Conceptual Design shall include the
following:
a. The general application information required in section 26.304.030.
b. A site plan and survey showing property boundaries, the location and orientation
of existing and proposed improvements and predominant site characteristics.
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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, 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, Lodging, and Historic District
Design Objectives and Guidelines and other applicable Land Use Code sections. This
report will be transmitted to the reviewing Commission with relevant information on the
proposed project and a recommendation to approve, disapprove or approve with
conditions and the reasons for the recommendation. The Commission will review the
application, the staff analysis report and the evidence presented at the hearing to
determine the project's conformance with the City's 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 E., 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:
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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 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 (I)
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, Lodging and Historic District
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Design Objectives and other applicable Land Use Code sections. This report will be
transmitted to the Commission with relevant information on the proposed project and a
recommendation to approve, disapprove or approve with conditions and the reasons for
the recommendation. The Commission will review the application, the staff analysis
report and the evidence presented at the hearing to determine the project's conformance
with the City's Commercial, Lodging, and Historic District Design Objectives and
Guidelines.
c. The Commission may approve, disapprove, approve with conditions or continue
the application to obtain additional information necessary to make a decision to approve
or deny.
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. Appeals. An applicant aggrieved by a determination made by the Community
Development Director, the Planning and Zoning Commission, or the Historic Preservation
Commission as applicable, pursuant to this Chapter, may appeal the decision to the City
Council, pursuant to the procedures and standards of Section 26.316, Appeals.
2. Notice to City Council. Following the adoption of a resolution approving or approving
with conditions a development application for Conceptual Design, 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.
3. Call-Up. Following the adoption of a resolution approving or approving with conditions a
development application for Commercial Design Review, the City Council may order call-up
of the action within 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.
4. City 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 take such action as is deemed
necessary to remedy said situation, including, but not limited to:
a. Reversing the decision.
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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:
A. The proposed development meets the requirements of Section 26.412.060, Commercial
Design Standards or any deviation from the Standards provides a more-appealing pattern of
development considering the context in which the development is proposed and the purpose of
the particular standard. Unique site constraints can justify a deviation from the Standards.
Compliance with Section 26.412.070, Suggested Design Elements, is not required but may be
used to justify a deviation from the Standards.
B. For proposed development converting an existing structure to commercial use, the proposed
development meets the requirements of Section 26.412.060, Commercial Design Standards, to
the greatest extent practical. Changes to the fa<;:ade of the building may be required to comply
with this section. .
C. The application shall comply with the guidelines within the Commercial, Lodging and
Historic District Design Objectives and Guidelines as determined by the appropriate
Commission. The guidelines set forth design review criteria, standards and guidelines that are to
be used in making determinations of appropriateness. The City shall determine when a proposal
is in compliance with the criteria, standards and guidelines. Although these criteria, standards
and guidelines are relatively comprehensive, there may be circumstances where alternative ways
of meeting the intent of the policy objectives might be identified. In such a case, the City must
determine that the intent of the guideline is still met, albeit through alternative means.
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, according to
the procedures herein and according to the following standards:
I. 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.
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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.
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/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. Signage. Signage should be integrated with the building to the extent possible. Integrated
signage areas already meeting the City's requirements for size, etc. may minimize new tenant
signage compliance issues. Common tenant listing areas also serves a public wayfinding
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function, especially for office uses. Signs should not block design details of the building on
which they are placed. Compliance with the City's sign code is mandatory.
B. Display windows. Display windows provide pedestrian interest and can contribute to the
success of the retail space. Providing windows that reveal inside activity of the store can provide
this pedestrian interest.
C. Lighting. Well-lit (meaning quality, not quantity) display windows along the first floor
create pedestrian interest after business hours. Dynamic lighting methods designed to catch
attention can cheapen the quality of the downtown retail environment. Illuminating certain
important building elements can provide an interesting effect. Significant light trespass should be
avoided. Illuminating the entire building should be avoided. Compliance with the City's
Outdoor Lighting code, Section 26.575.050, is mandatory.
26.412.080 Amendment of Commercial Design Review Approval.
A. Insubstantial Amendment.
I. 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.l., Insubstantial amendments.
B. Substantial Amendments. A substantial amendment to a Commercial Design Review approval
granted shall be reviewed pursuant to the standards and procedures of this Section.
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 Public environment.
Public Amenity contributes to an attractive commercial and lodging district by creating public
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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 CC, Cl, MU,
NC, SCI, L, CL, LP and LO Zone Districts This area represents Aspen's primary pedestrian-
oriented downtown, as well as important mixed-use, service, and lodging neighborhoods.
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.
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 Section 26.412 -
Commercial Design Review, shall determine 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 Amenity. 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 Amenity. Proposed Public amenities and improvements to
the pedestrian environment within proximity of the development site may be approved by the
Planning and Zoning Commission, pursuant to Chapter26.4l2 - 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 City Council, upon a recommendation from the Planning
and Zoning Commission or the Historic Preservation Commission as applicable, 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
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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 or Historic Preservation 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.
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 City
Council upon a recommendation from the Planning and Zoning Commission or the Historic
Preservation Commission as applicable. The payment-in-lieu of Public amenity shall be due and
payable at the time of issuance of a building permit. The City Manager, upon request, may allow
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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, ifthe 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 the petitioner is the current
owner of the property and by a copy ofthe 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. Open 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. Open to Sky. 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.
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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 Public
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 Public space must, if the city shall so
elect, be applied and dedicated for such use.
7. Landscaping 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.
8. Maintenance of Landscaping. 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 Activity. 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)(3), 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. Design Guideline Compliance. 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 Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
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
Page 15 of16
separate, distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
Section 5:
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.
Section 6:
A public hearing on the Ordinance shall be held on the 23rd day of April, 2007, 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.
Section 7:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of April, 2007.
Attest:
JtirlL
FINALLY, adopted, passed and approved this 15th day of May, 2007.
Attest:
Approved as to form:
/ /;l{f/JI/-~
~ttorn y
Attached: "Final Draft" Commercial, Lodging and Historic District Design Objectives and
Guidelines, April 2007.
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