HomeMy WebLinkAboutagenda.council.regular.20050328
CITY COUNCIL AGENDA
March 28, 2005
5:00 P.M.
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
a) Proclamation - Aspen History Month
b) Introduction of New Postmaster
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V, Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Appointment of Protest Hearing Officer P ~
b) Resolution #20,2005 - Brush Creek Park 'n' Ride Lot Lease f B -J~
c) Resolution #21, 2005 - Cost Reimbursement Agreement with Kinder Morgan for
Conduit installation P If; - fC(
d) Housing Board Joint Appointment P 616
e) Minutes - March 24, 2005
VII. First Reading of Ordinances
a) Ordinance #20,2005 - Code Amendment - Residential Design Standards P.H. r 21 -53
4/11
b) Ordinance #21,2005 - Code Amendment - G[gwth Management P.H. 4/11P 5'-/- 'i?1
c) Ordinance #22,2005 - Code Amendment - SCI Zone District P.H. 4/25 fJ '3'i5 ~/tJJ
VIII. Public Hearings
a) Ordinance #4, 2005 - 701 West Main Street Historic Lot Split .p I()~'-- /! b
b) . ?rdinance #5,2005 - Code Amendment - Commercial Design Pedestrian.p /P-/'1s-
Amenities /
c) Ordinance #7, 2005 - Code Amendment - Mixed Use Zone District PI-f.6-/5'9
d) Ordinance #10, 2005 - Code Amendment - Signs P /5;- ! 8'/
e) Ordinance #17,2005 - Code Amendment - Parking f ! 10 - J)..6:J
IX. Action Items
X. Adjournment
Next Regular Meeting April 11. 2005
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
MEMORANDUM
TO:
Mayor and City Council
FROM:
Kathryn Koch, City Clerk
DATE:
March 22, 2005
RE:
Appointment of Protest Hearing Officer
In February I reported to City Council the two initiative petitions submitted
February 4, 2005, contained sufficient signatures. This office has received two protests
from J. E. DeVilbiss. C.R.S. 31-11-110. Protest states:
(1) Within forty days after an initiative or referendum petition is filed, a protest
in writing under oath may be filed in the office ofthe clerk by any registered
elector who resides in the municipality, setting forth specifically the grounds for
such protest.
C.R.S. 31-10-111(3) states:
(3) Every hearing shall be held before the clerk with whom such protest is filed.
The clerk shall serve as hearing officer unless some other person is designated by
the legislative body as the hearing officer. . .
I request Council designate Karen Goldman as the hearing officer. Ms. Goldman
was city clerk of Lakewood, Colorado, for 11 years and is presently Secretary to the
Colorado State Senate. Ms. Goldman was appointed by City Council as hearing officer
in July 2002 for the initiative petition on the Entrance to Aspen and in April 2004 as the
hearing office for the initiative petition on the parking garage.
I have tentatively scheduled the protest hearing for Saturday, April 2nd, depending
upon the appointment of this hearing officer. By state statute, the protest hearing must be
held by April 5th and the decision rendered 5 days after the hearing.
TO:
FROM:
THRU:
DATE:
RE:
V\b
MEMORANDUM
Mayor and Council
John D. Krueger, Transportation
Randy Ready, Assistant City Manager
March 21, 2005
Resolution # 20: Brush Creek Park-and-Ride Lease Agreement
SUMMARY:
Resolution # 20, series 2005 is presented to the Mayor and Council for consideration.
Resolution # 20 requests approval of the joint Lease Agreement for the Brush Creek
Park-and-Ride between the City of Aspen and RFT A as joint Lessees and the State of
Colorado acting by and through CDOT as the Lessor. Staff is seeking approval of
Resolution # 20 and the Brush Creek Park-and-Ride Lease Agreement by the Mayor and
Council. If approved, the Lease Agreement would not be executed by the City Manager
until the Brush Creek Park-N-Ride expansion project is approved and funded by the
EOTC.
PREVIOUS COUNCIL ACTION:
Council has taken no previous action. Council, as a member ofthe Elected Officials
Transportation Committee (EOTC), has received several presentations by staff and the
project consultant on the expansion ofthe Brush Creek Park-and-Ride.
BACKGROUND:
The expansion of the Brush Creek Park-and-Ride to accommodate additional event and
intercept parking has been before the EOTC for review and discussion for over two years.
The expansion of the parking lot has been designed and could be constructed in two
phases. Phase I would add 800 additional parking spaces bringing the total parking
spaces to 1000. Phase II would add 500-600 additional spaces and bring the total parking
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spaces to 1500-1600. Project design- specifically the surface treatment and funding have
not been approved by the EOTC.
CDOT owns the Brush Creek Park-and-Ride lot. Any expansion or improvements to the
lot or intersection must be approved by CDOT. CDOT will review any requested
improvements through their permit process. Because CDOT cannot apply for the permit
as the owner of the property, they have requested that another party do so.
The expansion of the Brush Creek Park-and-Ride is an EOTC project. The EOTC will
fund the construction and maintenance of the expanded parking lot. The EOTC however,
cannot execute a lease of the CDOT property. CDOT therefore, requested that the City
of Aspen and RFTA lease the property jointly. If the Lease Agreement is approved, the
City of Aspen will apply for improvements to the parking lot through the CDOT permit
process.
CDOT requires an executed Lease Agreement before it will officially review any design
efforts of the expanded parking lot. To date, CDOT has preliminarily reviewed most of
the design efforts and has committed to a timely and efficient final review of the design
efforts once the Lease Agreement has been executed.
DISCUSSION:
The Lease Agreement allows RFTA to continue to operate as it does today and will give
RFT A the legal right to operate in the lot. The Parking Director for the City of Aspen
will manage and maintain the current and expanded parking lot areas within the terms
and conditions of the lease. The term ofthe Lease Agreement is five years, with a one
time payment of$250.00. An Intergovernmental Agreement has been drafted to
delineate RFT A and City of Aspen management, maintenance and operational
responsibilities for the expanded lot.
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Staff and legal counsel from the City of Aspen, RFT A and CDOT have reviewed the
lease as to form and content. The lease has been approved for execution by the RFT A
CEO at the March 10, 2005 meeting of the RFTA Board of Directors.
FINANCIAL IMPLICATIONS:
The City of Aspen will pay the one-time lease rental of $250.00 for the five year lease.
The expansion of the Brush Creek Park-and-Ride is an EOTC project. The cost of
design, construction and operation will be paid by the EOTC. The City of Aspen will be
reimbursed by the EOTC for all management, maintenance, operating and capital costs
associated with the parking area ofthe expanded lot.
RECOMMENDATION:
Staff recommends approval of Resolution # 20 to allow the City Manager to execute the
Brush Creek Park-and-Ride joint Lease Agreement.
ALTERNATIVES:
The Mayor and Council could decide not to approve the Brush Creek Park-and-Ride joint
Lease Agreement. CDOT requires the joint Lease Agreement to be executed before it
will begin final review of design and construction plans for the expansion of the parking
lot, intersection upgrades and drainage improvements. If the joint Lease Agreement is
not approved, the project cannot move forward through the CDOT permit and approval
process.
PROPOSED MOTION:
"I move to approve Resolution # 20 to allow the City Manager to execute the Brush
Creek Park-and-Ride joint Lease Agreement with RFT A and CDOT."
CITYMANAGE~
COMMENTS: _ ~((0ff-~ye
~ ~.{~<Yx ~1 ~ ri~ -4 (L: e6fc
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RESOLUTION NO. 20
(Series of 2005)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO APPROVING
A LEASE AGREEMENT FOR THE BRUSH CREEK P ARK-AND-RIDE LOT
BETWEEN THE CITY OF ASPEN, COLORADO, THE ROARING FORK
TRANSPORTATION AUTHORITY (RFTA) AND THE STATE OF COLORADO
ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF
TRANSPORTATION (CDOT), SETTING FORTH THE TERMS AND CONDITIONS
OF THE LEASE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID LEASE AGREEMENT.
WHEREAS, there has been submitted to the City Council a Lease Agreement for the Brush
Creek Park-and-Ride lot between the City of Aspen, Colorado, and the Roaring Fork Transportation
Authority, and the State of Colorado acting by and through the Colorado Department of Transportation,
a copy of which agreement is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the City Council ofthe City of Aspen hereby approves the Lease Agreement for the Brush
Creek Park-and-Ride Lot between the City of Aspen, Colorado, and the Roaring Fork Transportation
Authority, and the State of Colorado acting by and through the Colorado Department of Transportation,
a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City
Manager of the City of Aspen to execute said Lease Agreement on behalf of the City of Aspen.
Dated:
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at its
regular meeting held March 28,2005.
Kathryn S. Koch, City Clerk
t.
PROPERTY MGMT. NO.:
PROJECT NO.:
PROJ. CODE:
PARCEL NO.:
LOCATION:
P57 -004-000
STR 0821-029. Unit 3
1021110rioinal) 12269 (current)
302-L
SH82. East of Basaltto Buttermilk
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT, made and entered into this 14 day of March ,2005 , by
and between the State of Colorado actino bv and throuoh the Colorado Department of Transportation,
hereinafter referred to as "Lessor", and the City of Aspen and the Roarino Fork Transportation Authoritv.
hereinafter referred to as "Lessee".
WHEREAS, required approval. clearance and coordination has been accomplished from and with appropriate
agencies, and
WHEREAS, the State is the Owner and in possession of certain real property described as a part of State
Highway 82, hereinafter referred to as the State Property, which is part of the right of way for State Highway 82
(the Highway) in the County of Pitkin, and
WHEREAS, Lessee wishes to jointly use a portion of the Highway right of way to permit construction and
maintenance of improvements and landscaping, including construction of a paved passenger vehicle parking lot,
concrete passenger transfer area, bus turnaround area and related facilities (hereinafter the Lessee's Facilities)
upon and beneath the State Property; and
WHEREAS, Lessee recognizes that Lessor retains the superior right to use all of the Highway right of way for
state highway purposes, and Lessee agrees to relinquish the use of the right of way after receipt of written notice
from Lessor, should the need arise, as provided below; and
WHEREAS, Lessor and Lessee desire to agree upon certain responsibilities of each party with regard to the joint
use of the State Property; and
WHEREAS, this Agreement is executed by the State under authority of Sections 43-1-106 and 43-1-111 , C.R.S.
1973, as amended;
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as
follows:
1. PREMISES, TERM, RENT. <a) Lessor hereby leases and demises unto Lessee the Premises,
hereinafterreferred to as "Premises"located in Lots 9 and 1 O. Section 21. Township 9 South. Ranoe 85 West
of the 6th Principal Meridian in Pitkin County. The Premises, known and described as Parcel 302-L, Project
STR 0821-029. Unit 3, includes approximately 21.440 acres of land area; the leased Premises being as
described on the legal description attached hereto, made a part hereof and marked "Exhibit A", and as shown
on the plat attached hereto, made a part hereof and marked "Exhibit B."
(b) TO HAVE AND TO HOLD the same, unto Lessee, for the term beginning January 1. 2005 and ending
December 31. 2009, at and for a term rental of $250.00.
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"
(c) Payment shall be made payable to the Colorado Department of Transportation on the first of each month
during the term hereof, and sent to the Lessor at:
Colo. Dept. of Transportation
c/o Accounting Receipts & Deposits
4201 East Arkansas Ave., Rm. 212
Denver, CO 80222
or at such place as Lessor from time to time designates by notice as provided herein.
In the event Lessor has not received the rental installment hereunder on or before the tenth (10) day of the
month when due, a late charge of five percent (5%) of the total installment will be assessed to the Lessee for
that month and each succeeding month the payment is not received on or before the 10th day of that month.
In the event the Lessee for a rental installment tenders a check, and it is returned to Lessor for insufficient
funds, Lessee agrees to pay administrative charges to Lessor of Twenty Dollars ($20.00). Both Lessor and
Lessee agree that acceptance by the Lessor of the late payment does not waive Lessor's right to declare
Lessee in default of this Lease Agreement.
2. USE. It is understood and agreed that the Lessee intends to use the premises only for Park and Ride
Facilitv and associated landscaoino. The premises may not be used for any other purpose without the specific
written prior permission of the Lessor. Any other use of the premises shall constitute material breach of this
lease and may cause this lease to terminate immediately at the Lessor's option.
3. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that this
lease shall be an absolute net lease with respect to Lessor, and that all taxes, assessments, insurance,
utilities and other operating costs and the cost of all maintenance, repairs, and improvements, and all other
direct costs, charges and expenses of any kind whatsoever respecting the leased premises shall be borne by
Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or diminished
directly or indirectly by any cost or charge. Lessee shall maintain the premises in good repair and in tenable
condition free of trash and debris during the term of this lease. Lessor shall have the right to enter the
Premises at any time for the purpose of making necessary inspections.
4. HOLD HARMLESS AND INSURANCE. To the extent authorized by law, the Lessee shall save,
indemnify and hold harmless the Lessor for any liability for damage or ioss to persons or property resuiting
from Lessee's occupancy or use of the premises and shall purchase general liability and property damage
insurance in the amounts of not less than $150,000.00 per person and $600,000.00 per occurrence. The
above insurance requirements must be in effect during the entire term of the lease. Lessee shall at its sole
cost and expense, obtain insurance on its inventory, equipment, and all other personal property located on the
ieased Premises against loss resuiting from fire or other casualty.
5. OWNERSHIP. The State of Colorado is the owner or the leased premises. Lessor warrants and
represents himself to be the authorized agent of the State of Colorado for the purposes of granting this lease.
6. LEASE ASSIGNMENT. Lessee shall not assign this lease and shall not sublet the demised Premises
without specific written permission of the Lessor and will not permit the use of said Premises to anyone, other
than Lessee, its agents or employees, without the prior written consent of Lessor.
7. APPLICABLE LAW. The iaws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this lease. Any provision of this
lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body
or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and
void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any
other special provision in whole or in part shall be valid or enforceable or available in any action at law whether
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by way of compliant, defense or otherwise. Any provision rendered null and void by the operation of this
provision will not invalidate the remainder of this lease to the extent that this agreement is capable of
execution.
8. CANCELLATION. Both parties understand that at any time before the scheduled expiration of the
term of this lease, Lessor has the right to cancel the lease without liability by giving the Lessee a 90-dav
written notice of its intention to cancel the iease. The notice shall be hand delivered, posted on the leased
premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail, return receipt
requested. This lease may also be canceied by the Lessee by giving the Lessor a 90-dav written notice of
their intent to do so.
9. COMPLETE AGREEMENT. This lease, including all exhibits, supersedes any and all prior written or
oral agreements and there are no covenants, conditions or agreements between the parties except as set
forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force
or affect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion
or other amendment hereto shall have any force or effect uniess embodied in a written contract executed and
approved pursuant to the State Fiscal Rules.
10. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this lease
are for identification only, and shall be disregarded in any construction of the lease provisions. All of the terms
of this lease shall inure to the benefit of and be binding upon the respective heirs, successors, and assigns of
both the Lessor and the Lessee. If any provision of this lease shall be determined to be invalid, illegal, or
without force by a court of law or rendered so by legislative act then the remaining provisions of this lease shall
remain in full force and effect.
11. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee has
any personal or beneficial interest whatsoever in the service or property described herein.
12. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or
thing which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of
Coiorado or the United States. The Lessee shall not use the premises for any manner which shall constitute a
nuisance or public annoyance. The signatories hereto aver that they are familiar with 18-8-301, et seq.,
(Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that
no violation of such provisions is present. The signatories aver that to their knowledge, no state empioyee has
any personal or beneficial interest whatsoever in the service or property described herein.
13. NOTICE. Any notice required or permitted by this lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if
sent by maii it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached
thereto:
LESSOR:
Mike Anders
Colo. Dept. of Transportation
Property Management Section
15285 S. Golden Rd., Bldg. 43
Golden, CO 80401
LESSEE:
Timothy Ware
Director of Parking
City of Aspen
130 S. Galena St.
Aspen, CO 81611
LESSEE:
Renee Black
Legal Counsel
Roaring Fork Transportation
Authority
0051 Service Center Drive
Aspen, CO 81611
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Notice of change of address shall be treated as any other notice. The Lessee warrants that the address listed
above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of any
changes in that address within ten (10) days of such change.
14. HOLDING OVER. If the Lessor allows the Lessee to occupy or use the leased property after the
expiration or sooner termination of this lease, the Lessee becomes a Holdover Tenant and shall be a month-
to-month Lessee subject to all the laws of the State of Colorado applicable to such tenancy. The rent to be
paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of the date of
expiration or sooner termination. Lessor and Lessee each hereby agree to give the other party at least thirty
(30) days written notice prior to termination of this hoidover tenancy.
15. CHIEF ENGINEER'S APPROVAL. This lease shall not be deerned valid until it has been approved by
the Chief Engineer of the Colorado Department of Transportation and by the Lessee.
16. HAZARDOUS MATERIALS. To the extent authorized by law, the Lessee agrees to defend, indemnify
and hold harmless the Lessor and any employees, agents, contractors, and officials of the Lessor against any
and all damages, claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related
to the presence, disposal, reiease or clean-up of any contaminants, hazardous materials or pollutants on,
over, under, from or affecting the property subject to this Lease Agreement, which contaminants or hazardous
materials the Lessee or its employees, agents, contractors or officials has caused to be located, disposed, or
released on the property. The Lessee shall also be responsible for all damages, claims and liability to the soil,
water, vegetation, buildings or personal property located thereon as well as any personal injury or property
damage related to such contaminants or hazardous materials.
17. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or
improvements of any kind shall be erected or moved upon the premises by the Lessee without the express
written prior permission of the Lessor. Any such structure or improvement erected or moved upon the
premises without the express written consent of the Lessor may be immediately removed by the Lessor at the
expense of the Lessee. Further, any structures, improvements or items of any kind remaining on the
premises at the termination of the lease wiil be considered abandoned by the Lessee and may be immediately
removed by Lessor at the Lessee's expense.
18. BINDiNG .AGREEMENT. This Lease Agreement shall be binding upon and inure to the benefit of the
partners, heirs, executors, administrators, and successors of the respective parties hereto.
19. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of 1 0
days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms,
agreements or conditions contained herein or in regulations to be observed or performed by Lessee and such
default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of Lessee
hereunder shall be levied upon by any attachment or execution, then any such event shall constitute an event
of default by Lessee. Upon the occurrence of any event of default by Lessee hereunder, Lessor may, at its
option and without any further notice or demand, in addition to any other rights and remedies given hereunder
or by law, do any of the following:
(a) Lessor shall have the right, so iong as such default continues, to give notice of termination to
Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such
notice) this Lease shall terminate.
(b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter, re-
enter the premises and remove therefrom all persons and property and again repossess and enjoy the
premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's default or of
such termination.
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(c) The amount of damages which Lessor may recover in event of such termination shall include,
without limitation, (1) the amount at the time of award of unpaid rentai earned and other sums owed by Lessee
to Lessor hereunder, as of the time of termination, together with interest thereon as provided in this Lease, (2)
all iegal expenses and other related costs incurred by Lessor following Lessee's defauit including reasonabie
attorneys' fees incurred in coliecting any amount owed hereunder (3) any damages to the property beyond its
present condition.
(d) Upon the Lessee's failure to remove its personal property from the premises after the expiration of
the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon Lessee, remove,
sell or dispose of any and all personal property located on the premises. Lessee waives all claims for
damages that may be caused by Lessor's removal of property as herein provided.
20. ADDiTIONAL PROVISIONS.
A. The State wili permit Lessee to use only that portion of the State Highway 82 right-of-way necessary for
constructing and maintaining the Lessee Facilities. Construction of the improvements shali not cause this Lease
to become an easement. Such use shall be subject to the conditions of this Agreement.
B. Lessee shall be soiely responsible for the construction of the Lessee Faciiities within the State
Property and shall pay ali costs and expenses of such construction. This construction shall not interfere with
the State's use of the adjoining state highway property.
C. Repair of any defective Lessee Facilities on the State's Property will be the sole legal and financial
responsibility of the Lessee. Normal maintenance of Lessee Facilities will be the financial responsibility of the
Lessee. Thereafter, maintenance of the Lessee Facilities will be the sole legal and financial responsibility of the
Lessee, provided however, that nothing herein shall be construed to limit Lessee's ability to ciaim costs or
damages from third-parties out of use or damage to the facilities.
D. During the period of the construction of the Lessee Facilities upon the State Property, Lessee shall be
responsible for any and all damage to the entire highway right of way, including but not limited to the roadway,
structures and/or associated facilities. The construction and use of the Lessee Facilities shall not undermine
the roadway, structures or associated facilities, as defined in Section 43-1-209, C.R.S. Lessee in accordance
with the State's existing, pubiished standards at its sole expense will correct any such damage, within a
reasonabie time after receipt of written notice from the Lessor.
E. Lessee shall provide the Lessor with design and construction plans for the proposed Lessee Facilities
for review by the Lessor prior to the start of any construction or alteration within, or use of, the State Property.
Lessee shall be solely responsible for the accuracy and completeness of the pians, notwithstanding their
review by Lessor.
Lessee shail not proceed with construction on the State Property, or with any use of the license granted herein
in anyway, without prior written approval, of the plans from the Lessor. The purpose of this approval is solely
to ensure compliance with appropriate state and federal standards. Lessee agrees that such approval shall
not operate to transfer any"liability or responsibility thereby, for the Lessee Facilities, to the State.
F. Lessee's permitted use of the State Property, following construction, shall, at all times, be subordinate
to and subject to any and all State roadway operations, maintenance, and future construction activities, and
highway purposes whatsoever.
G. Lessee agrees to relocate, at its soie expense and at no cost to Lessor, the Lessee Facilities iocated
within the State Property if and to the extent Lessor determines, in its soie discretion, that it needs to use any
portion of the State Property occupied by such facilities for any State highway purpose including, without
limitation, to faciiitate widening of the roadway and associated facilities and/or the construction of an additional
lane on the outside of the existing roadway. Lessee shall complete such relocation within a reasonable time of
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receipt of notice thereof from the State.
H. The Lessor may consider other alternatives proposed by Lessee to accompiish the above-described
Lessor use(s) without Lessee being required to relocate the Lessee Facilities if such alternatives are consistent
with applicable standards, but the State has no obligation either to consider or impiement any such alternative.
However, if the State does impiement any alternative(s) proposed by Lessee, all additionai costs of such alternate
proposal(s) shall be borne solely by Lessee.
I. To the extent authorized by law, Lessee shall indemnify, save and hold harmless the State and the
Federal Highway Administration, its employees and agents, against any and all claims, damages, liability and
court awards including costs, expenses and attorney fees incurred as a result of any act or om ission by Lessee,
or their employees, agents, subcontractors, or assignees pursuant to the tenms of this Agreement. Nothing in this
Agreement shall be construed as a waiver by the Lessor or Lessee of the provisions and protections of the
Coiorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as now enacted or hereafter
amended.
J. Lessee agrees that this Agreement is a iease limited in scope, use, and time. The lease is granted solely
as a courtesy to Lessee and it vests absolutely no interest or right of any nature in Lessee to the State property.
As a result, Lessee agree that this lease is revocabie at no expense to Lessor whenever Lessor, in its sole
discretion, determines that the Lessee Facilities area is required for any state highway purpose. Likewise, the
Lessor agrees that this lease is revocable at no expense to Lessee (except for costs to remove the Lessee
Facilities and restore the State property to its pre-existing condition) whenever Lessee, it its sole discretion,
determines that the Lessee Facilities are no longer needed.
K. Each party shail keep the other parties informed, in writing, of the current names, addresses and phone
numbers of its personnel who can be contacted in case of emergency. The information shall be provided to:
Lessor:
Mike Anders, Program Manager
Colorado Dept of Transportation
Property Management Section
Lessee:
Timothy Ware
Director of Parking
City of Aspen
Lessee:
Renee Black
Legal Counsel
Roaring Fork Transportation
Authority
0051 Service Center Drive
Aspen, CO 81611
(970) 920-1905, x-235
(970) 920-2864
15285 S. Golden Rd., Bldg. 43
Golden, CO 80401
Tel: (303) 273-1885
Fax: (303) 273-1890
130 S. Gaiena St.
Aspen, CO 81611
(970) 920-5042
(970) 544-9447
L. Lessee will. require that construction and maintenance of the Lessee Facilities meet COOT's safety
standards. For the period of construction and the duration of this Agreement, Lessee shall require its
contractor(s) to provide the Lessor with evidence that the Lessor has been named as an additional insured on the
following pOliCies of Lessee's contractor in the amounts specified:
a. General Comprehensive Liability
$2,000,000.00 minimum
b. Automobile Liability
$1,000,000.00 minimum
c. Workmen's Compensation
Statutory Amounts
Lessee shall also include in its construction contract(s) for the construction of the Lessee Facilities on the
State Property the following language verbatim to require its contractor(s) to indemnify the State:
"The Contractor shall indemnify and save harmless the State, its officers and employees, from suits,
actions, or ciaims of any type or character brought because of any and all injuries or damage received or
Page 6 of 8
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3/1/2005
sustained by any person, persons, or property on account of the operations of the Contractor; or failure to comply
with the provisions of the Contract; or on account of or in consequence of negiect of the Contractor in
safeguarding the work or through the use of unacceptable materials in constructing the work; or because of any
act or omission, negiect or misconduct of the Contractor; or because of any claims or amounts recovered from
any infringements of patent, trademark, or copyright, unless the design, device, material or process invoived is
specifically required by the Contract; or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order or decree."
Following completion of construction, Lessee shall indemnify the State as provided in this Agreement.
M. This Agreement shall inure to the benefit of and be binding upon the parties, their successors and
assigns. This Agreement shall not create any rights for any third party.
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first
above written.
LESSEE:
CITY OF ASPEN
(If Corporation)
Attest (Seai)
By
(Name)
Title
By
Secretary
Federal Tax identification Number
STATE OF COLORADO
)
) ss
)
COUNTY OF
The foregoing instrument was subscribed and sworn to before me this_ day of
,_by
Witness my hand and official seal.
My commission expires
Notary Public
Address:
Page 7 of 8
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3/1/2005
LESSEE:
ROARING FORK
AUTHORITY
TRANSPORTATION
(If Corporation)
Attest (Seal)
By
(Name)
Title
By
Secretary
Federal Tax Identification Number
STATE OF COLORADO
)
) ss
)
COUNTY OF
The foregoing instrument was subscribed and sworn to before me this _ day of
._by
Witness my hand and official seal.
My commission expires
Address:
Notary Public
LESSOR:
ATTEST:
COLORADO DEPARTMENT OF
TRANSPORTATION
DOUGLAS W. BENNETT
Chief Clerk for Right of Way
CRAIG SIRACUSA, P.E.
Chief Engineer
Page 8 of 8
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3/1/2005
\II G-
MEMORANDUM
THRU:
Mayor and Council Members
Phil Overeynder, Utility Director ~~
Steve Barwick, City Manager
TO:
FROM:
THRU:
John Worcester, City Attorney
DATE:
March 22, 2005
RE:
Agreements with Kinder Morgan for Electric Conduit Installation
SUMMARY: The proposed letter agreement with Kinder Morgan (KM) will provide for
installation of electric conduit in the vicinity of Durant A venue and Galena Street, at a cost of
$55,170. This project would take advantage of sharing a common trench with KM during
replacement of the gas main in this area. The electric cable in this area must be replaced as
part of the cable rehabilitation project and to provide for later construction anticipated at the
Residences at Little Nell.
PREVIOUS COUNCIL ACTION: In 2004, Council appropriated $550,000 from the
Electric Fund for the downtown cable rehabilitation project. Less than $200,000 of this
amount has been spent on Phase II of the cable injection portion of the project. A portion of
the balance will be included as a carry forward supplemental request for the 2005 budget.
DISCUSSION: The 2003/2004 cable injection program did not provide for treatment of all
the cable in the downtown core because of the density of cable splices in selected areas and
because some cable segments are connected to "live front" transformers that cannot be injected
while still in operation. These remaining cable sections will be addressed with the remaining
funds in the cable rehabilitation project in 2005 and 2006.
The cable located in the vicinity of Durant A venue and Galena Street is the single cable
segment that has a high density of splices. In this area it is more cost effective to replace the
cable than to treat it through the "cable cure" process. KM will be trenching this area to
replace its gas mains beginning in April 2005 and has offered to share trench costs with the
City and to install conduit for the later installation of replacement primary electric cable.
KM's project area also includes the mall area at the intersection of Galena Street and Cooper
A venue. Placement of conduit in this area will provide for extension of secondary electrical
circuits to provide service to the proposed visitor booth and to improve the lighting circuits in
the 3-block mall area. Existing conduit (empty) buried in the mall will now be connected to a
transformer to improve capacity for future light installation in the mall. The proposed
agreement with KM will provide for installation of conduit, vaults and other material provided
by the City in common trenches as part of their gas main replacement project. KM will be
responsible for surface restoration and for coordination with shop owners in the high activity
area.
FINANCIAL IMPLICATIONS: Approximately $350,000 of the 2004 cable rehabilitation
project remains unspent. The cost of the conduit installation is $55,170, not including
materials. Provided that $150,000 of the unused 2004 funds for the downtown cable
rehabilitation project are included in the carry forward supplemental budget, adequate funding
is available for this work. The 2005 supplemental budget request will also provide for
replacement of 3 live front transformers. In 2006, remaining unspent project funds would be
utilized to treat the remaining portion of the downtown cable, following the required
replacement of the transformers. Funds for this last portion of the cable rehabilitation project
will be requested through the 2006 AMP process.
RECOMMENDATION: Staff recommends approval of a cost reimbursement agreement with
Kinder Morgan for installation of electrical conduit in the amount of $55,170.
Current Issues
Proposed construction plans for the Residences at Little Nell during 2005 or 2006 will
require replacement of a portion of this same cable segment. There is a potential for
recovery of a portion of the cost of the proposed project, due to a contribution from
the private project.
AL TERNA TIVES: There are approximately 8 splices located in the electric cable segment to
be addressed by this project. Each splice could be dug up separately and replaced with a new
splice capable of accepting fluid injection. The cost and additional disruption entailed with
this alternative leads staff to recommend replacement of the cable in a new conduit system.
PROPOSED MOTION: I move to approve Resolution # d. \
CITY MANAGER COMMENTS: L1~ ~.
Attachments
A - Exhibit 1: Letter from Kinder Morgan, dated March 16, 2005
B - Exhibit 2: City of Aspen Electric Joint Trench Cost Proposal, dated March 16, 2005
RESOLUTION # ~ l
(Series of 2005)
A RESOLUTION APPROVING A COST SHARING AGREEMENT BETWEEN THE CITY
OF ASPEN, COLORADO, AND KINDER MORGAN, SETTING FORTH THE TERMS AND
CONDITIONS REGARDING ELECTRICAL CONDUIT WORK. IN THE VICINITY OF
DURANT AVENUE AND GALENA STREET AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a cost sharing agreement
between the City of Aspen, Colorado, and Kinder Morgan, a copy of which contract is annexed
hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that agreement between the
City of Aspen, Colorado, and Kinder Morgan, regarding electrical conduit construction in the
vicinity of Durant Avenue and Galena Street, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute
said contract on behalf of the City of Aspen.
Dated:
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and ac1ing City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, a1 a meeting held
Kathryn S. Koch, City Clerk
KINDER~ORGA~
0096 County Rd. 160 Glenwood Springs, Colorado 81601
March16,2005
Phil Overeynder
Utility Director City of Aspen
130 South Galena Street
Aspen, CO 81611
Re: Proposed City of Aspen Electrical Conduit Work
Dear Phil,
Please find attached our cost summary to install your proposed electrical conduit and vault. The
price breakdown is as per the fax from Jinx Caparrella dated 3/4/5. This includes the 6" conduits
for Blk. 90 and South Galena, the 2" conduits for Blk. 90 and Cooper St. Mall, the 2" conduit for
Elk. 82 and the excavation and placement of a vault on South Galena St. An addition cost is
shown for installation of 6" conduit from the vault to the transformer on the west side of South
Galena St.
These costs are based on the City of Aspen Electrical Dept. supplying all conduit, the vault and
all other necessary supplies; glue, ribbon conduit fittings etc. Materials need to be readily
available as our contractor Rocky Mtn. Const. begins work in this area. We would request that a
City of Aspen Ele'ctrical employee be available on the job site, as needed, to answer questions
about installation procedures, especially around transformers, tie-in areas and the vault
installation.
We request written conformation by April 4, 2005 from the City of Aspen that this work is to be
completed and the costs would be reimbursed to Kinder Morgan, Inc.
Sincerely,
Mitch Pebley
Retail Division Manager
Kinder Morgan, Inc.
970-928-0405
City of Aspen Electric Joint Trench Cost Proposal 3/16/5
f-- , . --
Joint Trench Items Total Costs City of Aspen Elec. Cost (40% share)
Contractor RMC t$ 25,200.00 $10,080.00
Concrete Replacement Blk 90 - $4,328.00
~k Replacement Cooper St. Mail $. 10,820~ $2,312.00
$ 5,780.00
Brick Replacement Blk 82 I $ 4,860.00' $1,944.00
Spoil Removal and Bedding Costs -~9,140.00 I $3,656.00
I""phalt Replacement South Galena $4,488.00
. . $ 11,220.00
$0.00
Sub Totals -f-$67,020.001 $26,808.00
-. City of Aspen Eiect. Costs Only City of Aspen Elec. Cost (100%)
Costs
QlI1lractor RMC Vault and 6" Conduit Install . .. ' . - $12,60~~
Brick Replacement Cooper St. Mall (additional 90 ft.of Trench 2" pvL!=. ~ $2,430.00
Spoil Removal for Cooper St. Mall 2" PVC . . .. '. $310.00
Sub Totals =1 $15,340.00
- Kinder Morgan, Inc. Overhead (16O/of 1 $2,4~
I
. - - 1
Total City of Aspen Elec. Cost (per Fax 3/4/5 Jinx Caparrella) = $44,600.00
-. . . .... r=
- ; '.-
f- Addition Cost Items - If Desired City of Aspen Elec. + ===F=City of Aspen Elec. Cost (100%)
6" PVCConduit Crossing South Galena from Vault to Transformer 6%lt-- $9,110.00
- Kinder Morgan, Inc. Overhead (16%) , $1,460.00
". ! 1
Additional Cost Item Total =1 $10,570,00
,
I
Jeff Nelson Kinder Morgan, Inc.
MEMORANDUM
TO:
Mayor and City Council
FROM:
Kathryn Koch, City Clerk
DATE:
March 22, 2005
RE:
Board Appointment
By adopting the consent calendar, Council is making the following
appointment:
Housing Board (Joint Appointment) Ron Erickson
V, \ CL
MEMORANDUM
FROM:
Mayor Klanderud and City Council
Chris Bendon, Community Development Director ~M
Sarah Oates, Zoning Officer S(~
First Reading of Ordinance No.~ Series of 2005, Code Arnendments-
Section 26.410, Residential Design Standards. Second Reading
Scheduled for April 11 tho
TO:
THRU:
RE:
DATE:
March 28, 2005
SUMMARY: Community Development Staff was directed by City Council to revise the
Residential Design Standards to allow for a more streamlined review process for variance
requests, and to recognize that different standards should apply to different
neighborhoods and housing types. Staff has not done a wholesale revision of the code
but has incorporated changes based on comments from the design community.
Suggested changes include the following:
. Incorporate an administrative variance process and/or allow one
"freebie" from the standards
. Differentiate between multi-family and single-family/duplex development
. Differentiate between design in the West End and other neighborhoods in
the City of Aspen
. Eliminate the Secondary Mass requirement (i.e. provide a smaller,
detached or linked component)
. Recognize that some sites have no relationship to the street and
pedestrian scale
APPLICANT: City of Aspen Community Development Department.
.
PROCEDURE: Pursuant to Section 26.310.020, Procedure for Arnen~t, a
development application for an amendment to the text of the Municipal Code shall be
reviewed and recommended for approval, approval with conditions, or disapproval by the
Community Development Director and then by the Planning and Zoning Commission at a
public hearing, and then approved, approved with conditions, or disapproved by the City
Council at a public hearing.
DISCUSSION: For clarity, Staffhas outlined and summarized each of the proposed
amendments, section by section, below. Staff comments, if there are any, are in
italics:
. Applicability, Section 26.410.010(B)(l): This section has been revised to
differentiate between different areas within the City of Aspen and different
housing types. In this section, Staff is proposing specific requirements
applicable to the Aspen Infill Area (i.e. traditional platted lots), lots with no
street frontage, multi-family buildings and the outlying residential
neighborhoods. Staff recognizes that several of the existing Residential
Design Standards are best suited to Aspen's traditional 30'x 100' lots, while
not being as appropriate for the more suburban lots on the edges oftown.
. Defmitions, Section 26.410.010(E): Staff added a definition of "street" for
the pwposes of Section 26.410 to include both public streets and private
streets accessing more than one parcel.
. Determination of Applicability, Section 26.410.020(A): Staff amended this
section to bring the procedure more in line with how Staff administers the
standards currently.
. Determination of Consistency, Section 26.410.020(B): Staff amended this
section to bring the procedure more in line with how Staff administers the
standards currently.
. Variances, Section 26.410.020(D): One of the biggest complaints Staff has
heard with regards to the Residential Design Standards is that the variance
process is too cumbersome. Currently, an applicant seeking a variance from
the standards may have to wait several months to be accommodated on a P&Z
or HPC agenda. One suggestion that came up in a meeting with members of
the design community was to have one "freebie" in which the applicant could
automatically waive one of the requirements.
Staff feels a more appropriate way to administer the standards is to allow the
Community Development Director to grant a variance for up to three (3) of
the individual requirements given the specific context of the site. Staff
currently handles minor PUD amendments, HPC approvals and plat changes
in this manner. The standards the Community Development Director will use
are the same as those used by the Commissions. Staff also has the ability to
send a request to one of the Commissions if we feel the proposal does not meet
the standards.
. Building Orientation, Section 25.410.040(A)(I): Parcels with no street
frontage and parcels with front yard setbacks at least ten (10) feet vertically
above street grade shall be exempt from this standard.
. Build-to lines, Section 26.410.040(A)(2): An issue that came up in Staff's
meeting with the design community was that corner lots were subject to more
standards and overall it was. more difficult to meet the standards on corner
lots. Staff has eliminated the requirement that build-to lines be met on both
street fayades. The proposal is to require build-to lines, only on the street
fa9ade with the longest block length.
. Secondary Mass, Section 26.410.040(B)(1): Secondary mass has been
a difficult standard for Staff to administer, especially on non-traditional lots.
Staff is proposing that secondary mass only apply to lots within the Aspen
rnfill Area. Staff has also added language that limits the width of the link in
order to accomplish the intent of the standard.
. Garage Setback, Section 26.410.040(C)(2)(b): An issue that came up in
Staff's meeting with the design community was that the garage setback did
not need to be as much as ten (10) feet, as currently required, to achieve a the
goal of making the garage a secondary element. Stafffeels that ten (JO)feet is
appropriate and has not proposed any change for this requirement.
2
. Garage Doors, Section 26.410.040(C)(2)(t): When Staff changed this
Residential Design Standard criteria last year, the requirement to allow double
stall doors that looked like single stall doors was applied to parcels not visible
from a public street. Staff is proposing the requirement for garage doors on
public streets be changed to also allow for double stall doors that look like
single stall doors.
. Building Elements, Section 26.410.040(D)(1): Staff made changes to
this section to clarifY standards for multi-family buildings. The manner in
which the section was split up was confusing and Staff rearranged it for better
clarification.
. Windows, Section 26.410.040(D)(3)(a) and (b): Staff has eliminated the
language regarding the 2:1 FAR penalty for windows that span between nine
(9) and twelve (12) feet. The currently language is confusing and it is unclear
if the penalty is applied even with a variance. As proposed, Staff has done
away with the 2:1 FAR penalty and applicants must ask for a variance for
windows to span between nine (9) and twelve (12) feet.
With regards to non-orthogonal windows, currently, only one per fayade is
penrutted. Staff is proposing this regulation not apply outside of the Aspen
Infill Area.
. Inflection, Section 26.410.040(E)(2): Staff is proposing that inflection, in
which all new construction must step down to one story if an adjacent building
is one story, be limited to the Aspen Infill Area.
STAFF RECOMMENDATION: Staff recommends that the City Council approve the
amendments to Section 26.410, Residential Design Standards.
P&Z RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the amendments the Section 26.410, Residential Design Standards with an
addition that the Commission receive an annual report of the administrative approvals.
RECOMMENDED MOTION: "I move to approve Section 26.410, Residential Design
Standards, as proposed in the Exhibit A."
CITY MANAGER'S COMMENTS: ~ ~ cn.-..j.,..,vr~
g -if
Attachments:
Exhibit A: Proposed Code Amendments
Exhibit B: Review Standards
Exhibit C: Memo to City Council from Joyce Allgaier dated July 19,2004
3
ORDINANCE NO. :J1J
(SERIES OF 2005)
A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE
AMENDMENTS TO THE FOLLOWING SECTION: 26.410, RESIDENTIAL
DESIGN STANDARDS OF THE CITY OF ASPEN MUNICIPAL CODE, CITY OF
ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department initiated code
amendment changes to the above cited sec1ions; and
WHEREAS, pursuant to Sections 26.310.040, the Ci1y Council, in accordance
wi1h the procedures, standards, and limitations of this Chapter, shall by resolution
approve, approve with conditions, or deny a Code Amendmen1 application for
Amendment to the Land Use Code and Official Zone Dis1rict Map, after recommendation
by the Community Development Department pursuant to Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments to the above cited sections pursuant to Section 26.310.040 and
recommended approval; and,
WHEREAS, during a public hearing on March 15, 2005, the Planning and
Zoning Commission recommended by a seven to zero (7-0) vote, the City Council
approve the amendments to Section 26.410; and,
WHEREAS, the City Council conducted a public hearing, considered the
recommendation of the Community Development Director and 100k public testimony of
code amendments to Section 26.410; and,
WHEREAS, the Ci1y Council finds tha1 Code Amendments mee1 or exceed all
applicable amendment s1andards and that 1he approval of the Code Amendments, are
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 OF ASPEN
CITY COUNCIL as follows:
Section 1
Pursuant to the procedures and s1andards se1 forth in Title 26 of the Aspen Municipal Code,
the Code Amendment sections initiated by the Community Development Department are
approved as noted below:
CHAPTER 26.410
RESIDENTIAL DESIGN STANDARDS
Sections:
26.410.010
26.410.020
26.410.030
26.410.040
General.
Procedures for Review.
Administrative checklist.
Residential design standards.
26.410.010 General.
A. Purpose. The purpose of the following design standards is to preserve
established neighborhood scale and character, and to ensure 1hat Aspen's stree1s and
neighborhoods are public places conducive 10 walking. The standards do not prescribe
architectural style, bu1 do require tha1 each home, while serving the needs of its owner,
con1ribute to the streetscape.
Neighborhood charac1er is largely established by the relationship between front
facades of buildings and the stree1s they face. By orienting buildings parallel to the stree1
and maintaining a certain consistency in front setback patterns there is in1eraction
between residents and passersby and the built environment.
The area between the street and the front door of 1he home is a transition between
the public realm of the neighborhood and the private life of a dwelling. Low fences and
hedges may be used to delinea1e the edge of a property, bu1 it is importan1 n01 to close off
views of the front lawn and house. Certain elements of the front fa<;:ade of a house are
particularly important components of neighborhood character. Front porches provide
outdoor living space and animation to the streetscape, and one story entryways provide an
appropria1e domestic scale for a private residence. Street-facing windows can establish a
hierarchy of spaces with larger, formal windows den01ing public areas and smaller ones
suggesting private rooms.
Acknowledgement of 1he con1ext that has been eS1ablished by the exis1ing built
environment is important to protecting the uniqueness of the town. Avoiding building
materials which have no relevance to Aspen's history or clima1e helps to meet this goal,
as does avoiding a significant overshadowing of small homes by larger structures.
Finally, along with creating homes which are architec1urally interesting and
lively, 1he pedestrian nature of a neighborhood can be further enhanced by reducing
conflicts be1ween people and automobiles, and by making alleys an attractive place to
walk. Parking areas are to be concentrated to 1he rear or side of each residence.
Secondary s1ruc1ures and accessory dwelling units, located along 1he alleys and inspired
by 1he tradition of outbuildings in Aspen, are encouraged.
B. Applicability. Except as outlined below this section applies to all
residential development in the City of Aspen requiring a building permit, except for
residential development within the R-15B zone dis1rict:
I. Only 1he following standards shall apply to multi-family housing: Section
26.41O.040(A)(l), building orientation, Section 26.41O.040(C)(l)(a), access or, ifnot
applicable, Section 26.41O.040(C)(2)(b), garage setback and 26.41O.040(D), building
elemen1s, as outlined in said section for multi-family buildings.
2
2. Parcels located within and partially within 1he Aspen Infill Area (see
Section 25.104, Definitions) shall be required to comply with all of the standards.
3. Parcels not loca1ed in 1he Aspen Infill Area are required to comply with
all the standards excep1 the following: Sec1ion 26.41O.040(B)(l), secondary mass,
Section 26.41O.040(D)(3)(b), non-orthogonal windows and Section 26.41O.040(E)(2),
inflection, in its entire1y.
4. Parcels with no street fron1age and parcels with fron1 yard setbacks at leas1
ten (10) feet vertical above street grade shall be exempt from the following requirements:
Section 26.41O.040(A)(l), building orientation and Section 26.410.040(0), building
elements, in its entirety.
5. Residential units within mixed-use buildings shall be exempt from the
requirement of this Chapter 26.410 in its entirety.
C. Application. An application for residential developmen1 shall consist of an
application for a Development Order as may be required by the Communi1y Development
Director, Historic Preservation Commission, Planning and Zoning Commission, or City
Council, pursuant to Section 26.304.030, and an application for "Residen1ial Design
Standards" review, pursuant to Section 26.410.020.
D. Exemptions. No application for a residential development order shall be
exempt from the provisions of this section unless the Community Development Director
determines that the proposed development:
I. Is an addi1ion or remodel of an existing structure that does not change the
ex1erior of the building; or
2. Is a remodel of a structure where alterations proposed change 1he exterior
of the building but are not addressed by any of the Residential Design S1andards; or
3. Is an application only for 1he erection of a fence, and the application meets
Section 26.41 0.040.A.3.
E. Definitions. Unless otherwise indica1ed, 1he definitions of words used in
these regulations shall be the same as the defini1ions used in Chapter 26. I 50 of the Aspen
Municipal Land Use Code. In addition, the following definitions shall apply:
Street. A way or thoroughfare, other than an alley, con1aining a public access
easemen1 and used or intended for vehicular, bicycle or pedestrian 1raffic. The
term "street" shall include the en1ire area within a right of way. For 1he purposed
of Section 26.410 street shall also include private roads, streets and access
easements serving more 1han one (I) parcel.
26.410.020 Procedures for Review.
A. Determination of Applicability. Applicabili1y shall be determined at the
time of building permit submi1tal. The applican1 may reques1 a pre-application
3
conference to determine as to whether the proposed project is exempt from the
requirements of this chapter.
B. Determination of Consistency. Consis1ency with the Residential Design
Standards shall be determined at the 1ime of building permit review. The applicant may
request a pre-application conference to determine consistency with the requirements of
this chapter.
C. Appeal of Adverse Determination. If an application is found to be
inconsis1en1 wi1h any item of1he Residential Design Standards, the applicant may either
amend the application or seek a variance as set forth below.
D. Variances.
I. Administrative Variances. The applicant may seek an adminis1ra1ive
variance for not more than three (3) of the individual requirements. An applican1 who
desires a variance from the Residential Design Standards shall demons1ra1e, and the
Community Development Direc10r shall find tha1 the variances, if gran1ed, would:
a. Provide an appropriate design or pattern of development considering the
context in which the development is proposed and the purpose of the
particular standard. In evalua1ing the context as i1 is used in the criteria, the
director may consider the relationship of the proposed development with
adjacent structures, the immedia1e neighborhood setting, or a broader vicinity
as the director feels is necessary to de1ermine if the exception is warranted; or,
h. Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
The Community Development Director shall provide the Planning and Zoning
Commission an annual report of approved administrative variances.
2. Variances from the Residential Design Standards, Section 26.410.040,
which do not meet Section 26.41O.020(D) above may be granted by the Planning and
Zoning Commission or the Historic Preservation Commission, if the project is subject 10
the requirements of Section 26.415. An applicant who desires to consolidate 01her
requisite land use reviews by the Historic Preservation Commission, the Board of
Adjustment or the Planning and Zoning Commission may elect to have the variance
application decided by the board or commission reviewing the other land use application.
An applicant who desires a variance from the Residential Design Standards shall
demonstrate, and the deciding board shall find tha1 the variance, if granted, would:
a. Provide an appropriate design or pattern of development considering the
context in which the development is proposed and 1he purpose of 1he particular
standard. In evaluating 1he contex1 as i1 is used in the criteria, the reviewing
board may consider the relationship of the proposed development with adjacent
4
structures, the immediate neighborhood setting, or a broader vicinity as the board
feels is necessary to determine if the exception is warranted; or,
b. Be clearly necessary for reasons of fairness related to unusual si1e-specific
constraints.
26.410.030 Administrative checklist.
The Director of Communi1y Development shall create a checklist for use by
applicants and community development staff in identifying the approvals and reviews
necessary for issuance of a development order for an application that is consistent wi1h
the Residential Design Standards.
26.410.040 Residential design standards.
A. SITE DESIGN. The intent of these design s1andards is to encourage
residen1ial buildings 1hat address the street in a manner which creates a consistent "fayade
line" and defines the public and semi-public realms. In addition, where fences or dense
landscaping exist, or are proposed, it is intended 1hat 1hey be used to define the
boundaries of private property without eliminating the visibility of1he house and front
yard from the street.
I. Building orien1ation
The front facades of all prin-
cipal structures shall be par-
allel to the street. On corner
lots, both street facing
facades must be parallel to
the intersec1ing s1reets. On
curvilinear streets, the fron1
facade of all structures shall
be parallel to the tangent of
the midpoint of the arc of 1he
street. Parcels as outlined in
Section 26.41O.010(B)(4) shall be
exempt from this requirement.
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/
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~
One element, such as a bay
window or dormer, placed at
a front corner of the building
may be on a diagonal from
the street if desired.
2. Build-to lines. On
parcels or lots ofless than
15,000 square feet, at least
60% of the fron1 fayade shall
be within 5 feet of the
minimum front yard setback line.
On corner lots, this standard shall
be met on the frontage with the
longest block length.
Porches may be used
meet the 60% standard.
3. Fences. Fences,
hedgerows, and planter
boxes shall not be more
than forty-two inches (42")
high, measured from natural
grade, in all areas forward of
the front facade of the house.
Man-made berms are prohib-.
ited in the front yard se1-
back.
No
B. BUILDING FORM. The
intent ofthe following building
form standards is to respect the scale of Aspen's historical homes by creating new homes
which are more similar in their massing, by promoting the development of accessory
units off of the City alleys, and by preserving solar access.
I. Secondary Mass.
All new single family and
duplex structures shall locate at
leas1 10% of 1heir
total square footage above
grade in a mass which is
completely detached from
the principal building, or
linked to it by a subordinate
connecting element.
This standard shall only
apply 10 parcels within the
Aspen !ntill Area pursuan1 to
Section 26.410.0 10(B)(2).
-.....
-..........
............ -
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--
6
Accessory buildings such as garages, sheds, and Accessory Dwelling Uni1s are examples
of appropriate uses for the secondary mass.
A subordina1e linking element for the purposes of secondary mass shall be defined as an
element not more than ten (10) feet in wid1h and ten (10) feet in length with a pla1e height
of not more than nine (9) feet. Linked pavilions six (6) feet in width and ten (10) fee1 in
leng1h shall be exempt from Section 26.575.020(A)(8).
c. PARKING, GARAGES AND CARPORTS. The intent of the following parking,
garages, and carport standards is to minimize the poten1ial for conflicts between
pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or
to minimize the presence of garages and carports as a lifeless part of the streetscape
where alleys do not exist.
I. For all residential1hat have access from an alley or private road, the
following standards shall apply:
a. Parking, garages, and
carports shall be accessed
from an alley or private road.
b. Ifthe garage doors are visible
from a street or alley, then
they shall be single-stall doors, or
double-stall doors designed to appear
like single-stall doors.
c. If the garage doors are not visible
from a street or alley, the garage
doors may be either single stall or normal
double stall garage doors.
2. For all residential uses tha1 have access only from a public street, the following
standards shall apply:
a. On the street facing
facade( s), the width ofthe
living area on the first floor
shall be at least five (5) fee1
greater than the width of the
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garage or carport.
b. The front facade of
7
the garage or the tront most
supporting column of a car-
port shall be set back at least
ten fee1 (10' 0") further from
the street than the fron1 most
wall of 1he house.
c. On lots of at
15,000 square feet in
the garage or carport
forward of 1he front
of the house only if
garage doors or
are perpendicular to
street (side-loaded).
least
Size,
maybe
facade
the
carport entry
the
d. When the floor of a
garage or carport is above or
below the street level, the
driveway cut within the front
yard setback shall not exceed
two (2) feet in depth, mea-
sured from natural grade.
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e. The vehicular
entrance width of a garage or
carport shall n01 be greater
than twenty-four fee1 (24').
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f. If the garage doors are visible
from a public street or alley, then
they shall be single-stall doors, or
double-s1all doors designed 10 appear
like single-stall doors.
D. BUILDING ELEMENTS. The in1ent of the following building elements standards
is to ensure that each residential building has street-facing architectural details and
elements which provide human scale to the facade, enhance the walking experience, and
reinforce local building traditions.
8
I. Street oriented en1rance and principal window. All single-family homesand
duplexes, except as outlined in Sec1ion 26.410.01O(B)(4)shall have a street-orien1ed
entrance and a s1reet facing principal window Multi-family units shall have at least one
s1reet-oriented entrance for every four (4) units,
and front uni1s must have a s1reet -facing
principal window.
On corner lots, entries and principal win-
dows should face whichever s1reet has a
grea1er block length.
r
"
Block Length
/r
This standard shall besatisfied if all of the following conditions
are met:
a. The en1ry door shall
face the street and be no
more than 1en feet (10'0")
back from the fron1most wall
of the building. Entry doors
shall not be taller than eight
b. A covered entry
porch of fifty (50) or more
square feet, with a minimwn
depth of six fee1 (6'), shall
be part of the front facade.
Entry porches and canopies
shall not be more than one
story in height.
c. A stree1- facing prin-
cipal window requires 1hat a
significant window or group
of windows face street.
One
Story
Element--+
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<--Principal
Window.
2. First story element. All residential buildings shall have a first-story stree1-facing
element the width of which comprises at least 1wen1y (20) percent ofthe building's
overall width and the depth of which is at least six (6) feet from the wall the first-story
9
element is projecting from. Assuming that the first story element includes interior living
space, the heigh1 of 1he first story element shall not exceed ten (10) feet, as measured to
the plate height. A first-story element may be a porch or living space. Accessible space
(whether it is a deck, porch, or enclosed area) shall not be allowed over the first story
element, however, accessible space over 1he remaining firs1 story elements on the front
fal(ade shall not be precluded.
3. Windows.
b. No more than one non-orthogonal
window shall be allowed on each facade of1he building. A single non-orthogonal
window in a gable end may be divided with mullions and still be considered one non-
orthogonal window. The
requirement shall only apply to
26.410.0 I 0(B)(2).
a. Street facing windows shall not
span through the area where a second
floor level would typically exist,
which is be1ween nine (9) and twelve
feet (12) above the finished first floor.
For in1erior staircases, this measure-
ment will be made from the first land-
ing if one exists. A transom window
above the main entry is exempt from
this standard.
4. Lightwells. All
areaways, lightwells and/or
stairwells on the stree1 facing
facade( s) of a building shall
be entirely recessed behind
the frontmost wall of the
building.
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zone"
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Street
10
E. CONTEXT. The intent of the following standards is to reinforce 1he unique
character of Aspen and the region by drawing upon Aspen's vernacular architecture and
neighborhood characteristics in designing new structures.
I. Materials. The following standards must be met:
a. The quality of the
ex1erior materials and details
and their application shall be
consis1ent on all sides of the
building.
b. Materials shall be
used in ways that are true to
their charac1eristics. For
instance stucco, which is a
light or non-bearing materi-
al, shall not be used below a
heavy material, such as
stone.
c. Highly reflective sur-
faces shall not be used as
exterior materials.
Yes.
~.
No.
2. Inflection. The following standard must be me1 for parcels which are 6,000
square feet or over and as outlined in Section 26.410.0 IO(B)(2):
a. If a one (I) story
building exists directly adja-
cent to the subject site, then
the new construction must
step down 10 one story in
heigh1 along their common
lot line. If there are one
story buildings on both sides
of 1he subject site, 1he appli-
cant may choose the side
towards which to inflect.
If...
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~12.:"
A one story building shall be define as 0 ows: A one story Ul mg s a mean a
structure, or portion ofa s1ructure, where there is only one floor of fully usable living
space, at least 12 feet wide across the stree1 frontage. This standard shall be met by
providing a one story element which is also at least twelve (12) feet wide across the street
frontage and one story tall as far back along the common lot line as 1he adjacent building
is one story.
Section 2:
All material representations and commitments made by the applicant pursuant 10 1he Code
Amendment approval as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any exis1ing litigation and shall n01 operate as an abatemen1
of any ac1ion 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, sen1ence, clause, phrase, or portion of 1his Ordinance is for any
reason held invalid or unconstitutional in a court of compe1ent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
valic1ity of the remaining portions 1hereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the Ci1y
Council of the City of Aspen on this 28th day of March 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
12
FINALLY, adopted, passed and approved this 11th Day of April 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
Approved as to form:
.John Worcester, City Attorney
13
EXHIBIT A
CHAPTER 26.410
RESIDENTIAL DESIGN STANDARDS
Sections:
26.410.010
26.410.020
26.410.030
26.410.040
General.
Procedures for Review.
Administrative checklist.
Residen1ial design standards.
26.410.010 General.
i\. Purpose. The purpose of the following design standards is 10 preserve
established neighborhood scale and character, and 10 ensure tha1 Aspen's streets and
neighborhoods are public places conducive to walking. The s1andards do not prescribe
archi1ectural style, but do require tha1 each home, while serving 1he needs of its owner,
contribute 10 the streetscape.
Neighborhood character is largely established by the relationship between front
facades of buildings and the streets they face. By orienting buildings parallel to the street
and main1aining a certain consistency in front setback pattems~ there is interaction
be1ween residents and passersby and the buil1 environment.
The area between the street and 1he front door of the home is a transi1ion between
the public realm of the neighborhood and 1he priva1e life of a dwelling. Low fences and
hedges may be used to delinea1e the edge of a property, bu1 i1 is importan1 n01 to close off
views of the front lawn and house. Certain elements of 1he front fayade of a house are
particularly importan1 components of neighborhood character. Front porches provide
ou1door living space and anima1ion to the stree1scape, and one story entryways provide an
appropria1e domestic scale for a private residence. S1reet-facing windows can establish a
hierarchy of spaces wi1h larger, formal windows den01ing public areas and smaller ones
suggesting private rooms.
Acknowledgement of the con1ext that has been eS1ablished by the existing buil1
environment is important to protecting the uniqueness of1he 10wn. Avoiding building
materials which have no relevance to Aspen's history or climate helps to meet this goal,
as does avoiding a significant overshadowing of small homes by larger structures.
Finally, along with creating homes which are architecturally interesting and
lively, the pedestrian nature of a neighborhood can be further enhanced by reducing
conflicts between people and automobiles, and by making alleys an at1ractive place to
walk. Parking areas are to be concentrated 10 1he rear or side of each residence.
Secondary structures and accessory dwelling units, located along 1he alleys and inspired
by 1he tradition of outbuildings in Aspen, are encouraged.
B. Applicability. Excep1 as outlined below +!his section applies to all
residential developmen1 in the Ci1y of Aspen requiring a building permit, excep1 for
residential development within the R-15B zone district~~
1
I. Onlv the following standards shall applv to multi-familv housing: Section
26.41O.040(A)(1). building orientation, Section 26.41O.040(C)(1)( a), access or, if not
applicable, Section 26.41 0.040(C)(2)(b), garage setback and 26.41 0.040(D). building
elements, as outlined in said section for multi-familv buildings.
2. Parcels located within and partiallv wi1hin the Aspen Infill Area (see
Section 25.104, Definitions) shall be required to complv with all ofthe standards.
3. Parcels not located in the Aspen Infill Area required to complv with all
thc standards except the following: Section 26.41 0.040(B)( I ). secondary mass, Section
26.410.040(]))(3)(b). non-orthogonal windows and Section 26.410.040(E)(2), inflection,
in its entiretv.
4. Parcels with no street frontage and parcels with front vard setbacks at least
ten (10) feet vertical above street grade shall be exempt from the following requirements:
Section 26.41 0.040(A)( I). building orien1ation and Section 26.41 0.040(D), building
elements, in its entiretv.
5. Residential units within mixed-use buildings shall be exempt from the
rcquirement of this Chapter 26.410 in its entiretv.
C. Applica1ion. An application for residential developmen1 shall consist of an
application for a Development Order as may be required by the Community Development
Direc1or, Historic Preservation Commission, Planning and Zoning Commission, or City
Council, pursuant to Section 26.304.030, and an application for "Residential Design
Standards" review, pursuant to Section 26.410.020.
D. Exemptions. No application for a residential development order shall be
exempt from the provisions of this section unless the Plannil1g; Communitv Development
Director determines that the proposed development:
1 . Is an addi1ion or remodel of an existing structure that does not change the
exterior of the building; or
2. Is a remodel of a structure where alterations proposed change the exterior
ofthe building but are not addressed by any of the Residential Design Standards; or
3. Is an application only for the erection of a fence, and the application meets
Section 26.41 0.040.A.3.
E. Definitions. Unless otherwise indicated, 1he definitions of words used in
these regulations shall be the same as the definitions used in Chapter 26.150 of 1he Aspen
Municipal Land Use Code. In addition, the following definitions shall applv:
Street. A wav or thoroughfare, other than an allev, containing a public access
easement and used or intended for vehicular, bicvcle or pedestrian 1raffic. The
term "street" shall include the entire area within a right ofwav. For the purposed
2
of Section 26.410 street shall also include private roads, streets and access
easements serving more than one (1) parcel.
26.410,020 Procedures for Review.
A. Determination of Applicability. Applicability shall be determined at the
time of building permit submittal. The applicant may request a pre-application
conference to detemline The Community De'/eloJ'lmem DireetElr at a pre application
conf-crence shall make a determination as to whether the proposed project is exempt from
the requiremen1s of this chapter. If it is determined tRat tRe design review standards sRall
arply to the rrorosed project, the applicant shall receive an applicatiEln ferm for
Residemial Design Standards review, V/RicR shall inclllEle a copy of the administrative
checklist referellced at Section 26.110.030.
B. Determination of Consistency. Droll receipt of an application for
Residential Design Standards review, the Community Dcvelopmem Director shall
determine if the development plan is consistellt with thc Rcsidcmial Design Standards set
forth at Scction 26.11 0.010.Consistency with the Residen1ial Design Standards shall be
determined at the time of building permit review. The applicant may request a pre-
application conference to determine consistency with the requirements of this chapter.
C. Appeal of Adverse Determination. If an application is found to be
inconsisten1 wi1h any item of the Residential Design S1andards, the applicant may ei1her
amend the application or seek a variance as se1 forth below.
D. Variances.
I. Administrative Variances. The applicant may seek an administrative
variance for not more 1han 1hree (3) of the individual requirements. An applicant who
desires a variance from the Residential Design Standards shall demonstrate, and the
Community Development Director shall find that the variances, if gran1ed, would:
a. Provide an appropriate design or pattern of development considering the
context in which the development is proposed and the purpose of 1he
particular standard. In evaluating the con1ext as it is used in the cri1eria, the
director may consider the relationship of the proposed development with
adiacent s1ruc1ures, the immediate neighborhood setting, or a broader vicini1Y
as the direetor feels is necessarv to determine if the exception is warranted; or,
b. Be clearly necessarv for reasons of fairness related to unusual site-specific
constraints.
The Community Development Director shall provide the Plmming and Zoning
Commission an annual report of approved administrative variances.
3
2. Variances from the Residential Design Standards, Sec1ion 26.410.040,
which do not meet Section 26.410.020(0) mayabove mav be granted by 1he Planning and
Zoning Commission, the Board of AdjustmeFlt or the Historic Preserva1ion Commission,
if the projec1 is subject to 1he requirements of Section 26.415. An applican1 who desires to
consolida1e other requisite land use reviews by 1he Historic Preservation Commission, 1he
Board of Adjus1ment or the Planning and Zoning Commission may elec1 to have the
variance application decided by the board or commission reviewing the other land use
application. An applicant who desires a variance from the Residential Design Standards
shall demonstrate, and the deciding board shall find that the variance, if granted, would:
~~Provide an appropriate design or pattern of development considering the
con1ex1 in which the development is proposed and the purpose of the particular
standard. In evaluating the context as it is used in the criteria, the reviewing
board may consider the relationship of 1he proposed development with adjacen1
structures, 1he immediate neighborhood setting, or a broader vicinity as the board
feels is necessary to determine if the excep1ion is warran1ed; or,
;h~Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
26.410.030 Administrative checklist.
The Director of Community Development shall create a checklist for use by
applican1s and community development staff in identifying the approvals and reviews
necessary for issuance of a development order for an application 1hat is consis1ent with
the Residential Design Standards.
26.410.040 Residential design standards.
A. SITE DESIGN. The intent of these design standards is to encourage
residential buildings that address the street in a manner which creates a consistent "fa<;ade
line" and defines the public and semi-public realms. In addi1ion, where fences or dense
landscaping exist, or are proposed, it is intended 1hat they be used 10 define the
boundaries of private property without eliminating the visibility of the house and front
yard from 1he street.
I. Building orientation
The fron1 facades of all prin-
cipal structures shall be par-
allel to the street. On corner
lots, both street facing
facades must be parallel to
the intersecting streets. On
curvilinear s1reets, the front
facade of all struc1ures shall
be parallel to the tangent of
1/7 Iv! /
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4
the midpoint of1he arc ofthe
street. Parcels as outlined in
SectioI126.410.010(B)(4) shall be
exempt from this requirement.
One element, such as a bay
window or dormer, placed at
a front corner of the building
may be on a diagonal from
1he stree1 if desired.
2. Build-to lines. On
parcels or lots ofless than
15,000 square feet, at least
60% of the front fayade shall
be wi1hin 5 feet of the
minimum front yard setback line.
On comer sites, at least 80~('
of both street facades of tile
building shall be within 5
feet of the minimHlR setback
lines On corner lots, this standard shall
be met on the frontage with the
longest block length.
Porches may be used
meet the 60% standard.
3. Fences. Fences,
hedgerows, and planter
boxes shall not be more
than forty-two inches (42 n)
high, measured from natural
grade, in all areas forward of
the front facade of the house.
Man-made berms arc prohib-o
i1ed in the tront yard set-
back.
No,
B. BUILDING FORM. The
inten1 of the following building
form standards is 10 respect the scale of Aspen's historical homes by creating new homes
which are more similar in their massing, by promoting the development of accessory
units off of the City alleys, and by preserving solar access.
5
1. Secondary Mass.
All new single familv and
duplex structures new stfllctures
shall locate at least 10% of their
total square footage above
grade in a mass which is
completely detached ti.om
the principal building, or
linked to i1 by a subordinate
connecting element.
This standard shall only
apply to parcels within the
Aspen rnfill Area pursuant to
Section 26.410.010(8)(2).
"',
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Accessory buildings such as
garages, sheds, and
Accessory Dwelling Units
are examples of appropriate
uses for the secondary mass.
A subordinate linking element for the purposes of-secondary mass shall be defined as an
element not more than ten (10) feet in width and 1en (10) feet in length with a plate height
of not morethan nine (9) feet. Linked pavilions six (6) feet in wid1h and 1en (10) feet in
length shall be exempt Irom Section 26.575.020(A)(8).
Seeondary mass shall be delifled as an element flot
Less than six (6) feet in width and ten (10) feet
in length with a plate height of not more
than nifle (9) feet.
C. PARKING, GARAGES AND CARPORTS. The intent of the following parking,
garages, and carport standards is to minimize the poten1ial for conflicts between
pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or
to minimize the presence of garages and carports as a lifeless part of the streetscape
where alleys do not exist.
I. For all residential that have access from an alley or private road, 1he following
standards shall apply:
6
a. Parking, garages, and
carports shall be accessed
from an alley or private road.
b. If the garage doors are visible
from a pub1ie street or alley, then
they shall be single-stall doors, or
double-stall doors designed to appear
like single-stall doors.
e. If the garage doors are not visible
from a publie street or alley, the garage
doors may be either single stall or normal
double stall garage doors.
2. For all residen1ial uses tha1 have access only from a public street, the following
standards shall apply:
a. On the street facing
facade(s), the width of the
living area on 1he firs1 floor
shall be at least five (5) feet
greater than the width of the
garage or carport.
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hThe front facade of
the garage or the front most
supporting column of a car-
port shall be set back a11east
ten feet (10' 0") further from
the street 1han the front most
wall of the house.
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c. On 101s of at least
15,000 square feet in
Size,
the garage or carport maybe
forward of the front facade
of the house only if the
garage doors or carport entry
are perpendicular to the
street (side-loaded).
7
d. When the floor of a
garage or carport is above or
below the street level, the
driveway cut wi1hin the front
yard setback shall not exceed
two (2) feet in depth, mea-
sured from natural grade.
e. The vehicular
entrance width of a garage or
carport shall not be grea1er
than twenty-four feet (24').
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f. If the garage doors are visible
from a public street or alley, then
they shall be single-stall doors, or
double-stall doors designed to appear
like single-stall doors.~
The gamge deors shall
be single stall GOors, unless
the garage Goom are Rot '.isible
from any publie street or alley, in
which case the garage doors may be
either single stall doors or normal
dOl,ble stall doors.
D. BUILDING ELEMENTS. The in1ent of the following building elemen1s standards
is to ensure tha1 each residential building has s1ree1-facing architec1ural details and
elements which provide human scale to 1he facade, enhance the walking experience, and
reinforce local building traditions.
I. Street oriented en1rance and principal window. All single-family homes, tovm,
houses, and duplexes, except as outlined in Section 26.41O.01O(B)(4)-shall have a stree1-
oriented entrance and a stree1 facing principal window~ Multi-familv units shall have at
least one street-oriented entrance for everv four (4) units,
and thmt units 11l11s1 have a street-facing principal window. In the ease oftownhouses aad
aeeessory units taeiRg eourtyards or gardeas, eHlries aad priReipal wiadm.."s ShOl,ld face
those fealmes.
On corner 101s, entries and principal win-
dows should face whichever street has a
Corner Lot
8
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RI"",1t I "nnth
v
greater block length.
Multiple ooit residentiallmildings sllallllave at least one street
oriented entrance for every four ( 1) units,
and front units must au';e a street facing
principal Y,1ndow.
This standard shall be
satisfied if all of the following conditions
are met:
a. The entry door shall
face the stree1 and be no
more 1han ten feet (10'0")
back from the frontmost wall
of the building. Entry doors
shall not be taller than eight
b. A covered entry
porch of fifty (50) or more
square feet, wi1h a minimum
depth of six feet (6'), shall
be part of the fron1 facade.
Entry porches and canopies
shall no1 be more 1han one
s10ry in height.
c. A street-facing prin-
cipal window requires 1hat a
significant window or group
of windows face street.
One
Story
Element--+
2. Firs1 stOry element. All residential
buildings shall have a firs1-story street-facing
element the width of which comprises at
least twenty (20) percent of the building's
overall width and the depth of which is at
leas1 six (6) feet from the wall the first-story
element is projecting from. Assuming that
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"No window
zone"
f-prinCija1
Window.
the firs1 story element includes interior living space, 1he height of the first s10ry element
shall no1 exceed 1en (10) feet, as measured 10 1he plate height. A first-story element may
be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed
area) shall not be allowed over 1he firs1 story element, however, accessible space over the
remaining first story elements on 1he front fayade shall not be precluded.
3. Windows.
a. Street facing windows shall n01
span 1hrough the area where a second
floor level would typically exist,
which is between nine (9) and twelve
feet (12) above 1he finished first floor.
For interior staircases, this measure-
men1 will be made from the first land-
ing if one exists. A 1ransom window
above the main entry is exempt from
this standard.
,"II street faeiRb areas with an exterior
eJ(pression of plate height greater tlmR
teR (10) feet shall be couRted as two
(2) square feet for each ORe (1) square
foot of floor area. EKterior eKpressioFl
shall be defiRea as facade peRetratioFls
bet,veeR RiRe (9) aREi t'....elve (12) fee1
above the level of tiRished Iloor.
b. No more than one non-orthogonal window shall be allowed on each facade of1he
building. A single non-orthogonal window in a gable end may be divided wi1h mullions
and s1ill be considered one non-orthogonal window. The requirement shall only applv to
Section 26.410.01 0(B)(2).
4. Lightwells. All
areaways, lightwells and/or
stairwells on the street facing
facade(s) of a building shall
be entirely recessed behind
the frontmost wall of the
building.
i
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Street ',,---- No
10
E. CONTEXT. The intent of the following standards is 10 reinforce the unique
charac1er of Aspen and 1he region by drawing upon Aspen's vernacular architecture and
neighborhood characteristics in designing new structures.
I. Materials. The following standards must be met:
a. The quality ofthe
exterior materials and details
and their application shall be
consis1ent on all sides of the
building.
b. Materials shall be
used in ways tha1 are true to
their characteristics. For
instance stucco, which is a
light or non-bearing materi-
al, shall n01 be used below a
heavy material, such as
stone.
c. Highly reflective sur-
faces shall not be used as
exterior materials.
No.
2. Inflection. The following standard mus1 be met for parcels which are 6,000
square fee1 or over and as outlined in Section 26.410.010(8)(2):
a. If a one (I) story
building exis1s directly adja-
cent 10 the subject site, then
the new construc1ion must
step down to one s10ry in
height along their common
101 line. Ifthere are one
story buildings on both sides
Yes.
II
=83
o
of the subject site, the appli-
can1 may choose the side
towards which 10 inflect
If...
Then.
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A one story building shall be defined as follows: A one story building shall mean a
struc1ure, or portion of a structure, where there is only one floor of fully usable living
space, at least 12 feet wide across the street frontage. This standard shall be met by
providing a one story element which is also at least twelve (12) feet wide across the street
fi.ontage and one s10ry tall as far back along the common lot line as the adjacent building
is one s1ory.
12
EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS
REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations
And Official Zone District Map, at Section 26.92.020 provides nine (A-I) standards for
City Council and the Planning and Zoning Commission's review of proposed
amendments to the text of the Land Use Code. These standards and Staffs evaluation of
1he p01en1ial amendments relative to them are provided below, with the standard in italics
followed by the Staff "response."
A. Whether the proposed amendment is in conflict with any applicable portions
of this title.
RESPONSE: The proposed amendments would not be in conflict with any applicable
portions of the Aspen Municipal Code.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Comprehensive Plan.
RESPONSE: None of the proposed amendments would be In conflict wi1h any
elements of the AACP.
C Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land uses and neighborhood
characteristics.
RESPONSE: The code amendments proposed will not affec1 compatibility of existing
land uses. The proposed amendmen1s take into account neighborhood characteristics of
differen1 neighborhoods.
D. The effect of the proposed amendment on traffic generation and road safety.
RESPONSE: The proposed code amendments are not anticipated to have any effect on
traffic genera1ion or road safety.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such public facilities,
including but not limited to transportation facilities, sewage facilities, water
supply, parks, drainage, schools, and emergency medical facilities.
RESPONSE: The proposed code amendments are not an1icipa1ed to have an impact on
infrastructure or infras1ruc1ure capacities.
F. Whether and the extent to which the proposed amendment would result In
significantly adverse impacts on the natural environment.
RESPONSE: The proposed code amendments are not anticipated to have an effect on the
natural environment except to preserve and enhance.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
RESPONSE: These code amendments will be consistent and compatible with 1he
communi1y character in the City of Aspen.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
RESPONSE: Staffs goal is that the proposed changes will create more compatibility
within neighborhoods..
1. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title.
RESPONSE: Staff believes the proposed amendmen1s will not be in conflict with the
public interest, and are in harmony with the purpose and in1ent of this title.
2
4h,b,r C-
MEMORANDUM
TO:
Mayor and City Council
THRU:
Steve Barwick, City Manager
Julie Ann Woods, Community Development Director
FROM:
Joyce A. Allgaier, Deputy Direc10r of Community Development
RE:
Work Session on Residential Design Standards
DATE:
July 19,2004
Background:
Earlier this year the City Council asked that the Community Development S1aff initiate
an evaluation of the Residential Design Standards (RDS) contained wi1hin the Land Use
Code. The RDS apply to all residential development within the city, both single family
and multi-family housing and have been in place since 1995 (preceded by Ord.30) and
have been revised through the years.
In the last seven (7) years, the Community Development Department has handled
seventy-two (72) RDS variance cases. The types of variances requested have largely
been focused on secondary mass, garage location, single stall garage door, 9-12 foot "no
window zone", non-orthogonal windows, and first story element. These cases require
review by the Planning and Zoning Commission or Historic Preservation Commission
and ordinarily take up to 2 months to handle through a public hearing process. A typical
cost for a RDS variance is around $1310.00 to the applicant and takes around 5-7 Staff
hours. Some cases, however, are wrapped into other land use cases and cos1 significantly
less for just the variance.
In initiating this project, Staff convened a group of "design practitioners" (architects and
planners who actually use the city's code). We asked them to identify the benefits,
issues, and problems they encounter in using the RDS and to recommend new ideas or
changes to make the regulations better. One of the ground rules of the meeting was that
"wholesale revisions" to the RDS was not what we were looking for. It is Staffs
intention to propose minor amendments that make both the regulations and the process
more effective and efficient, while still attaining a high level of design aesthetics that has
proven to be a strong community value.
Some of the overarching and more general observations of the group included the
following bulleted items. Recommenda1ions are in bold italics.
. The RDS should continue to allow for diversity in architecture. Therefore, do
not make the design standards any more specific than they are such that
they would dictate a certain style, creative expression, materials or color.
. Some members of the group felt that the RDS have a tendency to bring
architecture down to a "lowest common denominator", other group members
felt that a good architect who understands streetscape and community
planning can abide by the RDS and succeed with highly unique and crea1ive
projects, and still others felt that the RDS do help to prevent architectural
"disasters". The RDS should continue to provide guidelines for design that
have in mind the goal of enhancing neighborhoods, streetscapes and shouhl
consider the public nature of the setting of residences. The RDS should not
force designers into a box such that all houses look the ~ame.
. The RDS tend to not apply well to multi-family residential buildings and
certain neighborhoods within the city, such as the Cemetery Lane
neighborhood and subdivisions in the east end. Amendments should include
looking at special guidelines for multi-family structures. Amendments
should also look at the applicability of all of the regulations to all parts of
town. Possibly develop specific guidelines for specific areas that would not
apply to all areas, or exempt some areas from some of the existing
guidelines. In conjunction with this, utilize the neighborhood character
guidelines, developed years ago, to assist.
. The RDS standards can hold up projects for small reasons which sometimes
truly are the cause of the location or setting of the property. For example, a
recent variance request was needed for the front door orientation standard at
the Top of Mill. This standard was almost impossible to achieve this recently
subdivided lot due to the unique layout and topography of the site. Ensure
that the standards don't create an unnecessary need to seek variance.
Evaluate where more simple solutions can be achieved versus a full
variance process.
Some specific recommendations that the group would like to see considered in this
projec1 include the following:
. Evaluate the tree preservation regulations to ensure that they do not conflict
with RDS goals.
· Evaluate the first story element standard to make sure language more
clearly describes the desired outcome.
· Secondary mass is often a difficult standard to achieve and sometimes not
applicable to the site. Specifically evaluate the secondary mass standard in
that secondary mass is often only visible from the alley, secondary mass can
"bulk up" the front of the lot in an undesirable way, and the required link
between the buildings creates unnecessary constraints and limits to
developing the site.
2
· The requirement to step back a garage lOfeetfrom thefrontfacade is often
too much and not needed to achieve a secondary feel to the garage.
· The treatment and applicability of the standards to corner lots should be
evaluated, especially with regard to front door and garage orientation,
· Evaluate the RDS process (variances and administrative processes) so that
a variance takes less time (investigate using an outside adjudicator or
"peer review" process). Allow for staff flexibility or allow for administrative
variances. Determine a set of "threshold guidelines" with a provision for
some standards being optional and other mandatory. Or, allow for one free
pass on any standard of the designer's choosing. Get creative!
Discussion:
Firstly, Staff would like to thank the members of Aspen's design community who took
time to provide though1ful input and suggestions in this project. Those who participated
either in the group meeting or in an individual interview include the following people:
Rod Dyer, Kim Wiel, S1an Clauson, Gilbert Sanchez, David Brown, Dylan Johns, Mary
Avjian, Suzannah Reid, John Galumbos, Sarah Broughton, Scott Lindenau, and Tim
Semrau.
Staff supports making amendments to the RSD and agrees that the items raised by the
group should be evaluated. However, writing specific design standards for specific zone
dis1ricts or neighborhoods would be a major undertaking, requiring thorough analysis and
inventory of the areas. Should the Council wish to pursue this, Staff recommends that this
be taken on as a separate project(s) and allow the more minor amendments to proceed.
We do believe that some changes could make the process more efficient and the
standards more effective.
Staff recommends that the issue of house size should not be addressed in conjunction
with amendments to the RDS. If history is any indicator, mixing the highly volatile
matter of house size and floor area ratio with this would only serve to bog down the
process and impede progress to make some minor and needed amendments to the RDS.
Recommendation:
Staff recommends that the Council direct Staff to pursue minor code amendments
affecting changes to the Residential Design Standards.
3
'i' \ b
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
THRU:
John Worcester, City Attorney
Chris Bendon, Communi1y Development Director C~VV)
Growth Management Code Amendments
First Reading of Ordinance No~, Series of 2005
Second reading scheduled for April 11, 2005
FROM:
RE:
DATE:
March 28, 2005
SUMMARY:
This proposed ordinance updates the City's growth managemen1 code based on work
sessions held with City Council. The changes maintain a 2% growth rate for all types
of development and a I % growth rate for free-marke1 residential development.
Nearly all 1ypes of developmen1 "count" in these growth rates, as opposed to the
current system that exempts a significant amount of developmen1 from counting
towards the growth rates. The allotments will not automatically "roll-over" from year
to year as is curren1ly 1he case. P&Z will be required to review each year's growth
and decide if unused allotments should roll-over 10 1he next year.
The changes elimina1e the former "exemption reviews" and implement reviews a1
either an adminis1rative level, a P&Z level, or a City Council level. A firs1-come,
first-served process is suggested as well as elimination of 1he current "scoring"
process. Applications are required to mee1 certain cri1eria tha1 are significanlly more
straightforward 1hat the current system. The changes implement new employee
generation ra1es based on a few studies 1hat were done in 2002 and 2003. These don't
significanlly change 1he current generation rates, but are more curren1 and defensible.
The most significant change is for "incen1ive lodge" projects. This implemen1s a
lower mitigation rate and a process for allotting free-market development rights to
lodge projects meeting the density and unit-size standards that have been discussed in
various lodging work sessions and with the Lodge code amendments.
An01her significant change is for Historic Landmark properties. The proposal allows
for small addi1ions to be relieved of the mitiga1ion standards. This will allow
expansions 10 occur which create four or fewer employees. Expansions of up to eight
employees would be required to mitigate, bu1 a1 a lower rate. Significant expansions
would not be relieved of the standard mitigation rules. (HPC will be reviewing these
proposed policies andproviding a recommendation 10 Ci1y Council.)
I
...',",-"....-.----'.-..
S1afl' suggests 1he public hearing on April II Ih be used to review the proposed
changes, become familiar with how Council's policies have been in1egrated into 1he
ordinance, hear public comments and suggestions, and direct s1aff accordingly. Staff
will not be recommending Council review and approve these changes in one hearing.
These proposed amendments are being dis1ribu1ed to local planners, to the lodging
groups, and to other interes1ed citizens for review.
Staff recommends approval of Ordinance No.a, Series of 2005, upon first
reading.
CITY MANAGER C&ENTS:
f.A'J-Jlf4AA..t?..... Q
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RECOMMENDED MOTION: \
"I move 10 approve Ordinance No.:;). , Series of 2005, upon first reading"
2
ORDINANCE NO. c2\
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENTS TO CHAPTER 26.470 - GROWTH MANAGEMENT
QUOTA SYSTEM OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the Ci1y of
Aspen directed the Direc10r of the Community Development Department to propose
amendments to the Land Use Code, part of the City of Aspen Municipal Code, rela1ed 10 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 1he
Infill Advisory Group in January, 2002), and the Recommendations of the Economic
Sustainability Committee (a joint projec1 be1ween the City of Aspen, the Aspen Chamber Resort
Association, and 1he Aspen Insti1ute Communi1y Forum concluded in September, 2002) that call
for:
. intensification of land uses within the tradi1ional 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.
. development of affordable housing in locations supported by the "Interim Aspen Area
Housing Plan Guidelines" (incorpora1ed as part of1he 2000 AACP).
. 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 leng1h and uncertain1y of approval processes.
. revisions to the s1ra1egy implementing growth management to emphasize quality of
development as opposed to jus1 the quantity of development.
. elimination of development incen1ives for single-family and duplex development wi1hin
commercial, mixed-use, and lodging zone distric1s.
. balance be1ween the community and the resort aspec1s of Aspen.
. sustainability of thc local social and economic conditions.
. The creation of a development environment in which private sector motivation IS
leveraged to address community goals; and,
Ordinance No.
Series of2005.
Page I
WHEREAS, the amendmen1s herein relate to the following Chap1er of the Land Use
Code, Title 26 of the Aspen Municipal Code:
26.470 - Grow1h Management Quota System; and,
WHEREAS, pursuant to Section 26.310, applications to amend the tex1 of Ti11e 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 Ci1y Council after reviewing and
considering these recommendations; and,
WHEREAS, 1he Community Development Director recommended approval of 1he
proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to 1he above noted Chapters and Sections on September 3,
2002, continued to September 17, 2002, continued to Sep1ember 24, 2002, continued to October
I, 2002, continued to October 8, 2002, continued 10 October IS, 2002, continued to October 22,
2002, continued to October 29, 2002, continued to November S, 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 1he aforemen1ioned hearing dates and the recommendation of the Community
Developmen1 Direc10r and recommended, by a five 10 one (S-I) 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 1he Municipal Code identified
herein, has reviewed and considered 1he 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 tha11he approval of the proposal is consisten1 with
the goals and elements of the Aspen Area Communi1y Plan; and,
WHEREAS, 1he City Council finds that 1his Ordinance furthers and is necessary for the
promotion of public health, safe1y, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Chap1er 26.470, Grow1h Managemen1 Quota System, which section regulates the quali1y,
quantity, rate, and impacts of all developmen1 within the City of Aspen, shall read as
follows:
Ordinance No.
Series of200S.
Page 2
Chapter 26.470
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sections:
26.470.010 Purpose.
26.470.020 Applicability.
26.470.030 Aspen Metro Area Development Ceilings and Annual Allotments
26.470.040 Types of Development and Associated Process
26.470.050 Calculations
26.470.060 Development Allotment and Application Review Procedures.
26.470.070 Reconstruction Limitations
26.470.080 Amendment of a Growth Management Development Order.
26.470.090 Appeals
26.470.010 Purpose.
The purposes of this Chap1er are as follows: (I) to implement 1he Aspen Area Community Plan's
goals and policies, in conjunction with the background research and studies conduCted in support
of the Plan; (2) to ensure tha1 new growth occurs in an orderly and efficien1 manner in the City of
Aspen; (3) to ensure sufficient public facilities to accommodate new growth and development;
(4) to ensure that new growth and developmen1 is designed and constructed to main1ain the
character and ambiance of the City of Aspen; (5) to ensure an adequa1e supply of affordable
housing, businesses and events that serve 1he local, permanent communi1y and the area's touris1
base; and (6) to ensure that growth does not over-extend the communi1y's ability to provide
support services, including employee housing, traffic control and parking.
26.470.020 Applicability.
This Chapter shall apply to all development in the City of Aspen - Residential, Lodging,
Commercial, and Community Facilities. The "Growth Managemen1 Year," as the term is used in
this Chapter, shall be from March 1st through February 28th (or 29th as applicable). Specific land
uses and development activities are exempt from growth management. For the purposes of this
Chap1er, the following development categories have been established.
A. Residential- Free Market
Dwelling units intended exclusively for residential purposes, not subjec1 to any residency
requiremen1s and not including hotels, lodging, or 1imeshare units. Units may be in the form of
single-family, duplex, multi-family, or part of a mixed-use struc1ure. (See definitions of
Residential Use and Dwelling.)
B. Residential- Affordable Housing
Dwelling units intended to house only local working residen1s and deed res1iicted according to
the Aspen/Pitkin County Housing Authori1y Guidelines. Units may be in the form of single-
Ordinance No.
Series of 2005.
Page 3
family, duplex, multi-family, dormitory, or part of a mixed-use structure. (See definition of
Affordable Housing.)
C. Commercial.
Buildings, or portions thereof, supporting office, retail, warehousing, manufacturing, commercial
recrea1ion, restaurant/bar, or service oriented businesses, including retail and office uses bu1 not
including hotel, lodging, or timeshare uses. (See definition of Commercial Use.) Commercial
uses shall be allocated on a net leasable square foot basis.
D. Lodging.
Buildings, or portions thereof, used to house a transien1 tourist popula1ion on a short-term basis,
including lodges, hotels, m01els, bed and breakfasts, boarding houses, timeshare lodging, and
exempt 1imesharing. (See defini1ion of Hotel.) Lodging units shall be alloca1ed on a unit basis.
For lodging projects with flexible unit configurations, also known as "lock-off uni1s", each
separate "key", or poten1ial rentable division, shall cons1itute a unit for the purposes of 1his
Chap1er.
E. E,'ssential Public Facilities.
Facilities serving essential public purposes used by or for the benefit of the general public and
serving 1he needs of the community. (See definition of Essential Public Facility.)
26.470.030 Aspen Metro Area Development Ceilings and Annual Allotments
A. General. As the primary implementation tool for the Aspen Area Communi1y Plan
(AACP), the Grow1h Management Quota System (GMQS) is designed to promote many
objectives. Despite its complexity, two overriding goals form its core: (I) to prohibit
development in excess of the AACPobjective of a 1hirty thousand (30,000) peak population
(permanent and visitor); and (2) to ensure that the rate at which grow1h occurs does not exceed
the community's ability to cope with associated public facility and service demands and
accompanying changes to community charac1er.
Aspen area residents have determined that 1he maximum average grow1h ra1e that can be
accommodated without long-term nega1ive consequences is two (2) percen1 per year, with the
exception of permanently affordable housing and lodging facilities. The AACP supports a
"critical mass" of permanent residents to be housed and a grow1h rate of more than two (2)
percent for affordable housing to ensure a balance of resort and community. The Economic
Sustainability Committee, a joint effort undertaken in 2002 between the City of Aspen, 1he
Aspen Institu1e Community Forum, and the Aspen Chamber Resort Association, supported, as
their number one recommendation, the redevelopment of existing lodging facilities and the
developmen1 of new lodging facilities to counteract the de1eriorating and greatly decreased
lodging base. Therefore, the GMQS does not limit 1he annual grow1h rate of affordable housing
and lodging facilities, while all other types of developmen1 shall be limi1ed to not exceed a two
Ordinance No.
Series of 2005.
Page 4
(2) percent annual growth rate. In order to address continued community growth concerns, a
growth limit of I % has been implemented for free-market residential development
For a variety of reasons, it is possible that the community's actual population growth might
exceed 1he designa1ed growth ra1e percentages in some years. Previous GMQS approvals and
in/out-migration, for example, can result in periods of construction activity and population
growth that exceed the planned average annual growth rate.
B. Existing Development.
The following tables describe the existing (as of March, 2005) amount of development in each
sector used as a "baseline" in establishing annual allotments and development ceilings. 5
Leasable snare feet for class
554,827
19,950
31
100,057
I
3,747
216,889
1,408,804
Pro e
Residences in class
I
106
39
362
2,805
353
39
I
5 Source: Pitkin County Assessor, March 7, 2005.
(, Lodge unit square footage removed ITom total. Commercial space within lodge developments estimated through
City records.
7 Single ownership duplex and triplex units. 2 units per property ownership estimated.
4 Single ownership apartment buildings. Residence count reflects actual number of units recorded with Assessor.
Ordinance No.
Series of 2005.
Page 5
4,906
1,132
3,774
1 % Annual te
Market Residential Deve
37.74 units
C. Development Ceiling Levels.
Based on the 2000 Aspen Area Community Plan goal of limi1ing the ul1imate population in order
to preserve a quality of life for b01h residents and visitors, growth ceilings are hereby established
for each type of land use.
As part of the 2000 AACP, average monthly popula1ion was estima1ed based on daily influent
flows of the Aspen Consolidated Sanitation District. This data was used 10 estimate the actual
number of people in town including residents, tourists, and the workforce. A total population of
23,050 was estimated for the busiest month in 1998 - July. Based on this month as the peak
monthly population baseline, a total developmen1 ceiling to accommodate a total population of
30,000 represen1s a thirty (30) percent increase in development. Applied to each development
sector, developmen1 ceilings are established as follows:
Free
Mfordable Housing
Commercial (sq. ft.)
Lod ing
Current Development
3,774
I
1,408,804
8,583 illows
The Community Development Director shall calculate the number of all01men1s remaining under
established development ceilings as part of the year-end growth summary. Under no
circumstances shall development be allowed in excess of 1he developmen1 ceilings unless City
5 A total of 1,815 residences within the City of Aspen are deed restricted affordable housing. Of these units, several
are considered tax-exempt and are not included in the Assessor's counts. These units are rental affordable housing
owned by the City, APCHA, or tax-exempt non-profit organizations. Therefore, only the non-exempt units have
been subtracted from the Assessor's total residences to determine the number of free-market residences.
(, The development ceiling for affordable housing is based on the 2000 AACP goal of providing an additional 800 to
1,300 affordable housing units. Five hundred and eighty-eight (588) affordable housing units have been completed
and another ninety-nine (99) have been approved since adoption of the plan (as of January 2005). Although most of
these units were either approved, under construction, or occupied at the time of the plan adoption, they were
recognized in the plan as part of the overall housing need and represent progress towards the goal. Considering the
completed units, the affordable housing development ceiling has been established at 2,428 units, an increase of 613
units.
7 The development ceiling for lodging is based on the "pillow count" of Stay Aspen Snowmass. This number
peaked in 1995, with 9.959 pillows in the Aspen inventory. The 1998 pillow count of 8,583 was used to establish
the baseline. The pillow count, because it is more accurate than unit counts at the time of this ordinance, shall be
used to determine progress towards the development ceiling. Allocations, impact fees, mitigation requirements, etc.
shall be based on a per unit basis.
Ordinance No.
Series of2005.
Page 6
Council, pursuant to Section 26.470.090 Appeals, permi1s development in excess of1he ceilings.
D. Annual Development Allotments.
The growth managemen1 quota system establishes annual development allotments available for
use by projects during each growth managemen1 year - March 1st to February 28th (or 29th as
applicable). The number of developmen1 allotmen1s available within a single growth
managemen1 year varies based on the following factors:
(1) The type ofland use.
(2) The annual allotmen1 available for each land use.
(3) The number of allotments granted the previous year and whether or n01 the Planning
and Zoning Commission permits an accumula1ion from year to year.
(4) The number of multi-year allotments granted by City Council from future years.
(5) The number of allotments already granted in the current growth management year.
The Community Development Director shall calculate the development allotmen1s available for
each type of land use as follows:
Where, the above terms are defined and established as follows:
Annual Allotment. The Annual Allotment reflects each year's poten1ial growth wi1hin
the City of Aspen, applied to each type of land use. The Annual Allotment may be
reduced if multi-year allotments are granted by City Council. The following annual
standard allotments are hereby established:
Development Tvpe
Residential - Free Market
Commercial
Residential - Affordable Housing
Lodging
Annual Standard Allotmen1
30 units
22,500 net leasable square feet
No annual limit
No annual limit
Roll-Over Allotment. At the conclusion of each growth management year, the Planning
and Zoning Commission shall determine the amount of unused allotments, for each type
of development, to remain available in the nex1 year and assign the unused allotment to
become part of the Available Development Allotment for fu1ure projec1s. (See
accounting procedure.) There is no limit, other 1han that implemen1ed by the Planning
and Zoning Commission, on the amount of potential growth tha1 may be carried forward
to the next year.
Allotments awarded to a project which does not proceed and which are considered void
shall constitute unused allotments and shall be considered for allotment roll-over by the
Planning and Zoning Commission. Allotments shall be considered vaca1ed by a property
Ordinance No.
Series of2005.
Page 7
owner upon written notification from the property owner or upon expiration of the
development righ1 pursuant to sec1ion 26A70.060.BA, Expiration of Growth
Management All01ments.
E. Accounting Procedure
The Community Development Director shall maintain an ongoing account of available and used
growth management allocations and progress towards each developmen1 ceiling. Allotments
shall be considered allocated upon issuance of a Developmen1 Order for the project. Unless
specifically not deducted from the Annual Development Allotmen1 and Development Ceilings,
all units of growth shall be included in the accounting. Affordable Housing units shall be
deducted regardless of the unit being provided as growth mitigation or otherwise. After the
conclusion of each growth management year, the Community Development Director shall
prepare a summary of growth allocations for the Planning and Zoning Commission.
The Planning and Zoning Commission, at 1heir first regular meeting of the growth management
year, shall review, during a public hearing, the prior year's growth summary, consider a
recommendation from the Community Developmen1 Director, consider comments from the
general public, and shall, via adoption of a resolution, establish the nwnber of unused allotments
to be carried forward and added to the Annual Allotment. The Planning and Zoning Commission
may carry forward any portion of the previous year's unused allotment, including all or none.
The Planning and Zoning Commission shall also consider the remaining development all01ments
within the Development Ceilings, established pursuant 10 Section 26A70.030.C, and shall reduce
the Available Development Allotment by any amount that exceeds the Development Ceiling.
The public hearing shall be noticed by publication, pursuant 10 Sec1ion 26.304.060.E.3.a. The
Planning and Zoning Commission shall consider the following criteria in determining 1he
allotments to be carried forward:
I. The goals and objectives of the Aspen Area Community Plan.
2. The community's growth rate over the preceding five-year period.
3. The ability of1he communi1y 10 absorb the growth tha1 could resul1 from a proposed
development utilizing accumulated allotmen1s, including issues of scale, infras1ructure
capacity and communi1y character.
4. The expected impact from approved developments that have ob1ained allotments, but that
have not yet been built.
26.470.040 Types of Development and Associated Process
A. Exempt Development.
The following types of development shall be exempt from 1he provISIons of this Chapter.
Developmen1 exempt from growth managemen1 shall not be considered exemp1 from other
chapters of 1he Land Use Code and property owners should consul1 with the Community
Development Department. Where applicable, exemp1ions are cumulative.
Ordinance No.
Series of 2005.
Page 8
1. Remodeling, restoration or expansion of existing single-family and duplex residential
development. The remodeling, restoration, or expansion of existing single-family and
duplex residential dwellings shall be exempt from growth management. When
Demoli1ion occurs, see Section 26.470.040(8) Administrative Growth Management
Review. Also see definition of Demolition, Section 26.104.100.
2. Remodeling, restoration or expansion of existing multi-family residential development.
The remodeling, restora1ion, or expansion of existing multi-family residen1ial dwellings
shall be exempt from growth management. When Demolition occurs, see Section
26.470.040.A.3 - Replacement of Demolished Multi-Family Residential Units. Also see
definition of Demolition, Section 26.104.100. For the expansion of multi-family units
within a mixed-use building, see Section 26.470.040.C.6.
3. Replacement of demolished multi-family residential units. The replacement of
demolished multi-family residential units shall be exemp1 from the provisions of this
Chapter if the requirements of the Multi-Family Housing Replacement Program are met.
(See Chap1er 26.530 - Multi-FamilyHousing Replacement Program.) Replacement units
shall not be deducted from the respective Annual Development Allotments or
Development Ceiling Levels established pursuant to Section 26.470.030. The
development of additional residential units, beyond 1hose merely being replaced, shall be
subject to this Chapter. Also see Reconstruction Limitations, Section 26.470.070.
4. Single-Fami~v and Duplex Development on Historic Landmark Properties. The
development of one or multiple single-family residences or a duplex Dn a parcel of land
designated as a Historic Landmark shall be exempt from growth management. This
exemp1ion applies to the rehabilitation of exis1ing structures, reconstruction after
demolition of exis1ing structures, and the developmen1 of new s1ructures on His10ric
Landmark properties, provided all necessary approvals are obtained, pursuant to Section
26.415. Developmen1 Involving the Inventory of Historic Sites and S1ruc1ures.
Additional units shall not be deducted from the respective Annual Development
Allotments or Development Ceiling Levels established pursuant to Section 26.470.030.
5. Relocation of Historic Structures. The relocation of a structure listed on the Aspen
Inventory of Historic Landmark Sites and S1ructures, permanently or temporarily, shall
be exempt from growth management, provided all necessary approvals are obtained,
pursuant 10 Section 26.4 15, Development Involving the Inventory of Historic Sites and
Structures.
6. Transferable Development Rights. The establishmen1 and extinguishment of
Transferable Developmen1 Righ1 Certificates shall be exemp1 from growth management
provided such certificates comply with Section 26.535, Transferable Development
Rights.
7. Remodeling, restoration, or reconstruction of existing commercial or lodge
development. Remodeling, restoration, and reconstruc1ion after demolition of existing
commercial or hotel/lodge buildings and portions thereof shall be exempt from the
Ordinance No.
Series of 2005.
Page 9
provisions of growth management, such that no additional net leasable square footage or
lodge uni1s are created and there is no change-in-use. If redevelopment involves an
expansion of net leasable square footage or lodge units, only the replacemen1 of existing
development shall be exempt and the expansion shall be subject to Section
26.470.040.C.2 or 3. Existing, prior to demolition, net leasable square footage and lodge
units shall be documented by the City of Aspen Zoning Officer prior to demolition. Also
see Reconstruc1ion Limitations, Section 26.470.070, and detinition of Net Leasable
Commercial and Office Space, Section 26.104.100.
8. Temporary Uses and Structures. The development of a temporary use or structure shall
be exemp1 from growth management, subject 10 the provisions of Section 26.450,
Temporary Uses. Temporary external airlocks shall only be exempt from the provisions
of this Chap1er if approved pursuant to Section 26.450.
9. Special Events. Special events permitted by the City of Aspen shall be exempt from this
Chapter.
10. AccessOlY Dwelling Units and Carriage Houses. The development of Accessory
Dwelling Units (ADUs) and Carriage Houses shall be exempt from the provisions of this
Chapter bu1 subject to the provisions of Chapter 26.520, Accessory Dwelling Units and
Carriage Houses.
II. Retractable Canopies and Trellis Structures. Retractable Canopies and trellis structures
appended to a commercial or lodging struc1ure shall be exempt from growth managemen1
provided: a) there is no expansion of floor area; b) the Canopy or trellis structure is not
enclosed by walls, screens, windows or other enclosures; and c) for a trellis structure, at
least tifty (50) percent of the overhead structure is open to the sky. Awnings shall be
exempt from this Chapter.
12. Public Infrastructure. The development of public infrastructure such as roads, bridges,
waterways, utilities, and associated poles, wires, conduits, drains, hydran1s, and items
considered Essential Services (see definition) shall be exempt from growth management.
Essential Public Facili1ies shall n01 be exempt and shall be reviewed pursuant to Section
26.470.040.0.3, Essential Public Facilities.
B. Administrative Growth Management Review:
The following types of development shall be approved, approved with conditions, or denied by
the Community Development Director, pursuant to Section 26.470.060, Procedures for Review,
and the criteria for each type of development described below. Except as noted, all
administrative growth managemen1 approvals shall be deduc1ed from the respective Annual
Developmen1 Allotments and Development Ceiling Levels. Adminis1rative approvals apply
cumulatively.
1. Detached single-family or duplex dwelling units. The replacement after demolition of
an existing single-family dwelling or multiple detached residen1ial units or a duplex dwelling
Ordinance No.
Series 01'2005.
Page 10
regardless of when the lot was subdivided or legally described; the redevelopment or conversion
of an existing single-family dwelling into multiple detached residential units or a duplex
dwelling (or vice-versa) regardless of when the lot was subdivided or legally described; or, the
new development of a single-family or multiple detached residen1ial units or a duplex dwelling
on a 1011ha1 was subdivided or was a legally described parcel prior 10 November 14, 1977, that
complies with the provisions of Section 26.480.020(F), Aspen Townsite Lots, or on a lot created
by a lot spli1, pursuant to Section 26.480.060(C), shall be approved if all the following standards
are met. These units shall not be deduc1ed from the respective Annual Development Allotments
or Development Ceiling Levels established pursuant to Section 26.470.030.
Sing/e-rami/I'. In order to qualify for a single-family approval, the applicant shall have five
(5) options:
a) Providing an above grade, detached Accessory Dwelling Unit (ADU) or a Carriage
House pursuant to Section 26.520, Accessory Dwelling Units and Carriage Houses;
or,
b) Providing an Accessory Dwelling Unit, or a Carriage House, authorized through
Special Review to be a1tached and/or partially or fully subgrade, pursuant to Section
26.520; or,
c) Providiug and off-site Affordable Housing Unit within the Aspen Infill Area accepted
by the Aspen/Pitkin County Housing Authori1y and deed restricted in accordance
with the Aspen/Pitkin Coun1y Housing Authority Guidelines, as amended; or,
d) Paying the applicable affordable housing impact fee pursuant to 1he Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
e) Recording a resident-occupancy (RO) deed restriction on the single-family dwelling
unit being cons1ructed.
DUD/ex. In order to qualify for a duplex approval, the applicant shall have six (6) options:
a) Providing one free market dwelling unit and one deed restricted Resident- Occupied
(RO) dwelling unit with a minimum floor area of one thousand five hundred (1,500)
square feet; or,
b) Providing either two above grade, detached Accessory Dwelling Units or Carriage
Houses (or one of each), or one above grade, detached ADU or Carriage House with a
minimum floor area of six hundred (600) ne1livable square feet, pursuant to Section
26.520; or,
c) Providing either two Accessory Dwelling Units or Carriage Houses (or one of each)
or one ADU or Carriage House with a minimum of 600 net livable square feet
authorized through Special Review 10 be a1tached and/or partially or fully subgrade,
pursuant to Section 26.520; or,
d) Providing an ofl~site Affordable Housing Unit within the Aspen Infill Area accep1ed
by the Aspen/Pitkin County Housing Authority and deed restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or,
e) Providing two deed restricted Resident-Occupied (RO) dwelling uni1s; or
Ordinance No.
Series of2005.
Page 11
,_,_",~~,~~,,"""""'-_~__~n"~'_'~_"""""'H__~"~-------"._'_r__v,~,,~,,__~, _ _" _"_.'_~'__'-'-"~_'___"""''''''-''"''~~''_''''''''''r_''' ".._.,_,.,,_.,'~,;'__.
t) Paying the applicable affordable housing impact fee pursuant to 1he Aspen/Pitkin
County Housing Authority Guidelines, as amended.
Note: In zone districts permitting the development of a single-family, a duplex, or two single-
family residences, one development allotment may be expressed as a single-family, a duplex, or
two single-family residences. The parcel shall have only one development right regardless of the
way in which it has been developed. The parcel may be condominiumized to separate
ownership. In order to subdivide the parcel, additional development right(s) must be obtained.
2. Change-In-Use of Historic Landmark Sites and Structures. The change of use, be1ween
the use categories identified in Section 26.470.020, of a property, struc1ure, or portion of a
structure designated as a His10ric Landmark shall be approved, approved with conditions, or
denied by the Communi1y Development Direc10r based on the following criteria:
a) All necessary approvals are obtained, pursuant to Section 26.415, Development
Involving the Inventory of Historic Sites and Structures.
b) No more 1han one free-market residence is created.
c) The development conforms to the requirements of 1he zone district.
d) The project represen1s minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protec1ion, solid
waste disposal, parking, and road and transit services.
3. Minor enlargement of a Historic Landmark for commercial, lodge, or mixed-use
development. The enlargement of a of a property, structure, or portion of a structure designa1ed
as a Historic Landmark for commercial, lodge, or mixed-use development shall be approved,
approved with conditions, or denied by the Community Development Director based on the
following criteria:
a) Sufficient growth management allotmen1s are available to accommodate the
expansion pursuan1 to Section 26.470.030(D), Annual Development Allotments.
b) If the development increases either Floor Area or Net Leasable space/lodge units, but
not both, 1hen no employee mitigation shall be required.
c) If the development increases both Floor Area and Net Leasable space/lodge units, up
to four (4) employees generated by 1he addi1ional commercial/lodge shall not require
the provision of affordable housing. An expansion generating more than four (4)
employees shall not qualify for this administrative approval and shall be reviewed
pursuant 10 26.470.040.C.I.
d) No more than one free-market residence is created. This shall be cumulative and
shall include administrative GMQS approvals granted prior to the adoption of
Ordinance No._, Series of2005.
e) All necessary approvals are obtained, pursuant to Section 26.415, Development
Involving the Inventory of Historic Sites and Structures.
Ordinance No.
Series of2005.
Page 12
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitiga1ed through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
4. Minor Expansion of a Commercial, Lodge, or Mixed-Use Development. The minor
enlargement of a of a property, s1ructure, or portion of a structure for commercial, lodge, or
mixed-use development shall be approved, approved with conditions, or denied by the
Community Development Director based on the following criteria:
a) Sufficient growth managemen1 allotments are available to accommoda1e the
expansion pursuant 10 Section 26.470.030(D), Annual Development Allotments.
b) The expansion involves no more than 250 square feet of net leasable space or two
Hotel/Lodge units. The expansion involves no residential units. This shall be
cumulative and shall include adminis1ra1ive GMQS approvals granted prior to the
adoption of Ordinance No._, Series of2005.
c) 11 is demonstrated that 1he expansion will have minimal employee generation and
parking impacts upon the City, employee housing or cash-in-lieu thereof will be
provided for the additional employees generated, and that parking or cash-in-lieu
thereot: where permitted, will be provided for 1he expansion. Affordable Housing
mitigation shall be provided at a Category 4, or lower, rate as defined in the Aspen
Pitkin County Housing Authority Guidelines, as amended.
d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated 1hrough improvement proposed as part of the project.
Public infrastruc1ure includes, but is n01limited to, water supply, sewage 1rea1men1,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
5. Alley Store. The expansion or conversion of an existing commercial or mixed-use
building or the development of a new commercial or mixed-use building to accommodate a
storefront along an alleyway shall be approved, approved with conditions, or denied by the
Community Development Director based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030(D), Annual Developmen1 Allotments.
b) The building shall be located in a commercial zone dis1rict. The alley commercial
space, or spaces, shall be no greater than six-hundred (600) gross square feet per
space including storage and other non-leasable space, shall have no internal
connection to any other space, and shall front entirely on an alleyway with no access
or fenestration along a primary street. Proposals not meeting this reqnirement shall
be reviewed pursuant to 26.470.040.C.2, ExpansionlNew Commercial, Lodge, or
Mixed Use Development. Multiple spaces may be created.
Ordinance No.
Series of 2005.
Page 13
c) The space shall reduce the property's Utili1y/TrashlRecycle service area requirement
or such reduc1ion has been approved pursuant 10 Section 26.575.060.
d) A space no grea1er than six-hundred (600) square feet shall not require the provision
of affordable housing. Any affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing.
e) The project represen1s minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, wa1er supply, sewage trea1ment,
energy and communication utilities, drainage control, fire and police pro1ection, solid
waste disposal, parking, and road and transit services.
6. Temporary Outdoor Food Vending. A temporary use of outdoor food vending by a
restaurant or retailer on private property, private open space, or public property that is subject to
a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) Zone
District shall be shall be approved, approved with conditions, or denied by the Community
Development Director based on the following criteria:
a) The temporary operation shall expire on or before December 31, 2005.
b) The area of outdoor food vending activities does not exceed fifty (50) square feet.
The area of outdoor food vending activities shall be defined as a counter area,
equipment needed for the food vending activi1ies (e.g. cooler with drinks, snow cone
machine, popcorn machine, etc.), and 1he space needed by employees to work the
food vending activi1y.
c) Temporary outdoor food vending may only occur by or in association with restaurant
or retail uses and with the approval of the restaurant or retail establishment's owner in
which the outdoor food vending is associated and located adjacent to.
d) An application to the Community Development Director for 1emporary outdoor food
vending shall only be submitted and approved subsequent to submitting and obtaining
approval of a food service plan from the Environmental Health Department. The area
of outdoor food vending activities shall include a waste disposal container that shall
be emptied daily and stored inside at night and when the outdoor food vending
aC1ivities are n01 in opera1ion. Addi1ionally, no outdoor, open-flame char-broiling
shall be permitted pursuan1 to Municipal Code Section 13.08.100, Restaurant Grills.
e) The Community Development Director shall waive affordable housing mitigation
fees associated with the temporary new net leasable square footage being created by
outdoor food vending activities.
t) The outdoor food vending activi1ies may occur year-round. An application for and an
approval of 1emporary outdoor vending activities shall not cons1itute nor be
interpreted by any property owner, developer, vendor, or court as a site specific
development plan entitled to vesting under Article 68 of Title 24 of the Colorado
Revised Statutes or Chapter 26.308 of this Title. Approvals granted in 1his subsec1ion
are subjec1 to revocation by the City Manager or Community Development Director
without requiring prior notice.
g) An applica1ion for temporary outdoor food vending activities shall not diminish the
general public health, safety or welfare and shall abide by all applicable City
Ordinance No.
Series of2005.
Page 14
-.'-~--'."-"~'--""'- . - '~_._---
regulations, including but not limited to building codes, health safety codes, fire
codes, liquor laws, sign and lighting codes, and sales 1ax license regulations.
11) Each vendor wishing to operate ou1door food vending activities shall apply for and be
approved for a permit (no fee required) to do so prior to commencing operations.
Applicable Environmen1al Health Plan Review fees shall apply.
C. Planning and Zoning Commission Review
The following types of development shall be approved, approved with conditions, or denied by
the Planning and Zoning Commission, pursuant to Section 26.470.060, Procedures for Review,
and the criteria for each type of development described below. Except as noted, all Planning and
Zoning Commission growth management approvals shall be deducted from the respective
Annual Development Allotments and Development Ceiling Levels.
1. Enlargement of a Historic Landmark for Commercial, Lodge, or Mixed-Use
Development. The enlargemen1 of a historic landmark building for commercial, lodge, or mixed-
use development shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) Up to four (4) employees generated by the additional commercial/lodge development
shall not require the provision of affordable housing. Thirty (30) percent of 1he
employee generation above four (4) and up to eight (8) employees shall be mitigated
through the provision of affordable housing or cash-in-lieu thereof. Six1y (60)
percent of the employee generation above eight (8) employees shall be mi1igated
through the provision of affordable housing or cash-in-lieu thereof.
For example: a project generating 15 employees shall require employee
mitigation for a total of 5.4 employees, as follows:
First 4 employees = 0 employee mi1igation
Second 4 employees mitigated at 30% = 1.2 employees
Remaining 7 employees mitiga1ed at 60% = 4.2 employees
Affordable housing shall be approved pursuant to Sec1ion 26.470.040.C.7, Affordable
Housing, and be restricted to Category 4, or lower, rate as defined in the Aspen Pi1kin
County Housing Authority Guidelines, as amended.
d) All necessary approvals are obtained, pursuant to Section 26.415, Development
Involving the Inventory of Historic Sites and Structures.
e) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, wa1er supply, sewage trea1ment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Ordinance No.
Series of2005.
Page 15
2. Expansion/New Commercial, Lodge, or Mixed Use Development. The expansion of an
existing commercial, lodge, or mixed-use building or the developmen1 of a new commercial,
lodge, or mixed-use building shall be approved, approved wi1h conditions, or denied by the
Planning and Zoning Commission based on the following criteria:
a) Sufficien1 grow1h management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030.D, Annual Development Allotments.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) Sixty (60) percent of the employees generated by the additional commercial/lodge
development, according Section 26.470.050.A, Employee Generation Rates, are
mitigated through the provision of affordable housing or cash-in-lieu thereof.
Affordable housing shall be approved pursuant to Section 26.470.040.C.7, Affordable
Housing, and be restricted to Category 4, or lower, rate as defined in the Aspen Pitkin
County Housing Authority Guidelines, as amended.
d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, bu1 is not limited to, wa1er supply, sewage treatment,
energy and communication utili1ies, drainage control, fire and police protection, solid
was1e disposal, parking, and road and transit services.
3. Incentive Lodge Development. The expansion of an exis1ing lodge or the development of
a new lodge shall be approved, approved with conditions, or denied by the Planning and Zoning
Commission based on the following criteria:
a) Sufficient grow1h management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) The project contains a minimum of one lodge unit per five hundred (500) square feet
of Lot Area and these lodge uni1s average five hundred (500) square feet or less per
unit. These two standards (the densi1y standard and the unit-size s1andard) may be
varied by the Planning and Zoning Commission 10 accommodate unique
characteristics of a lodging opera1ion and still meet this criterion. Units developed in
excess of 1hose necessary to meet the Lot Area standard shall not be required to meet
the average-size standard. For the expansion of a lodge which is not being
demolished/redeveloped and which does not currently meet the Lot Area standard,
only the average uni1-size s1andard of the new units shall be required in order to meet
this criterion. Projects not mee1ing 1he density or unit-size standard shall be reviewed
pursuant to 26.470.040.C.2 - Expansion/New Commercial, Lodge, or Mixed Use
Development.
d) Associated free-market residential development, as permitted pursuant to the zone
district in which the lodge is developed, shall require 1he provision of affordable
housing mitigation by one of the following methods for each unit:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House pursuant
to Section 26.520, Accessory Dwelling Units and Carriage Houses. The unit
need not be detached or entirely above grade to meet this criterion.
Ordinance No.
Series of 2005.
Page 16
ii) Providing on-site or oft~site Affordable Housing Units equal to 30% of the
free-market residential units. Affordable housing uni1s provided shall be
approved pursuant to Section 26.470.040.C.7, Affordable Housing, and be
restric1ed 10 Category 4, or lower, rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. Provision of affordable housing
mitigation via units outside of the City of Aspen shall require approval from
City Council, pursuant to Section 26.470.040.D.2.
iii) Paying an affordable housing cash-in-lieu fee normally associated wi1h
exempt single-family and duplex development, pursuant to the Aspen/Pitkin
County Housing Authority Guidelines.
Note: The City encourages the affordable housing units required for 1he free-
market residen1ial development to be associa1ed with 1he lodge operation and
contributing to the long-1erm viability of the lodge.
e) Thirty (30) percent of the employees generated by the additional lodge, timeshare
lodge, exempt timeshare units, and associated commercial development, according
Section 26.470.050.A, Employee Generation Rates, are mitiga1ed through the
provision of affordable housing or cash-in-lieu thereof Employee mitigation shall
only be required for additional development and shall not be required for replaced
development. The Planning and Zoning Commission may consider unique
characteristics or efficiencies of the proposed operation and lower the mi1igation
requirements pursuant to Section 26.470.050.A.l - Employee Generation.
Affordable housing units provided shall be approved pursuant to Section
26.470.040.C.7, Affordable Housing, and be restricted to Category 4, or lower, rate as
defined in 1he Aspen Pitkin County Housing Authority Guidelines, as amended.
Provision of affordable housing mitigation via units outside of 1he Ci1y of Aspen shall
require approval from City Council, pursuant to Section 26.470.040.D.2.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and 1ransit services.
4. Conversion of Residential Reconstruction Credits to Lodging Units. The conversion of
redevelopment credits derived from the demolition of residential dwelling units, pursuant 10
Section 26.4 70.040.A.l or 2 to lodge units shall be approved, approved with conditions, or
denied by the Planning and Zoning Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030.D, AIIDual Development Allotments.
b) The proposed development is consisten1 with the Aspen Area Community Plan.
c) Residential dwelling unit construction credits shall be converted to lodge units at a
rate of1hree (3) lodge units per each one residential uni1;
d) Development shall comply with Section 26.470.070, Reconstruction Limitations.
Ordinance No.
Series of2005.
Page 17
e) Sixty (60) percent of the employees generated by the lodge units, according Sec1ion
26.470.050.A. Employee Generation Rates, are mitigated 1hrough the provision of
affordable housing or cash-in-lieu thereof. Affordable housing shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restric1ed to
Category 4, or lower, rate as defined in the Aspen Pi1kin Coun1y Housing Authority
Guidelines, as amended.
f) The proposed development is compatible with the character of the existing land uses
in the surrounding area and the purpose of the underlying zone district.
g) The project represents minimal additional demand on public infrastruc1ure or such
addi1ional demand is mitigated through improvements proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatmen1,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
5. Change in use. A change in use, of an existing property, structure, or portions of an
existing structure, between the use categories identified in Section 26.470.020, (irrespective of
direction) for which a Certificate of Occupancy has been issued for a1 least two (2) years and
which is intended to be reused, shall be approved, approved with conditions, or denied by the
Planning and Zoning Commission based on the following criteria:
a) Sufficient grow1h management allotments are available to accommodate 1he change-
in-use, pursuant to Section 26.470.030(D), Annual Developmen1 All01ments.
b) The proposed development is consis1ent with the Aspen Area Community Plan.
c) Sixty (60) percent of the additional employees generated by the change, according
Section 26.470.050.A, Employee Generation Rates, are mitigated through the
provision of affordable housing or cash-in-lieu thereof. Any affordable housing units
provided shall be approved pursuant to Sec1ion 26.470.040.C.7, Affordable Housing
at a Category 4, or lower, rate as defined in the Aspen Pitkin County Housing
Authori1y Guidelines, as amended.
d) No more 1han one (I) free-marke1 residential unit is created through the change-in-
use.
e) Affordable housing equal to thirty (30) percent of the additional free-market
residential Floor Area is provided. Affordable housing shall be approved pursuant to
Section 26.470.040.C.7, Affordable Housing, and be restricted to Category 4, or
lower, rate as defined in the Aspen Pi1kin County Housing Authority Guidelines, as
amended.
f) The project represen1s minimal additional demand on public infras1ructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infras1ructure includes, but is not limited to, wa1er supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and 1ransi1 services.
Ordinance No.
Series of 2005.
Page 18
6. Free-Market Residential Units within a Mixed-Use Project. The development of new or
expansion of exis1ing free-market residential units within a mixed-use project shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission based on the
following cri1eria:
a) Sufficient grow1h management all01ments are available to accommodate the
expansion, pursuant to Section 26.470.030.D, Annual Development All01ments.
b) The proposed developmen1 is consistent wi1h the Aspen Area Community Plan.
c) AfJordable housing equal to thirty (30) percent of the additional free-market Floor
Area is provided in a in a manner acceptable to the Aspen/Pitkin County Housing
Authority. Affordable housing shall be approved pursuant to Section 26.470.040.C.7,
Affordable Housing, and be restricted 10 Category 4, or lower, rate as defined in the
Aspen Pitkin County Housing Authority Guidelines, as amended.
d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited 10, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
7. Affordable Housing. The development of afJordable housing deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved,
approved with condi1ions, or denied by the Planning and Zoning Commission based on the
following criteria:
a) Sufficient grow1h management allotments are available to accommodate the new
units, pursuant to Section 26.470.030.C, Development Ceiling Levels.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) The proposed units comply with the Guidelines of the Aspen/Pi1kin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority
shall be required for this standard. The Aspen/Pitkin County Housing Authority may
choose to hold a public hearing with the Board of Directors.
d) Affordable Housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-si1e units shall be provided wi1hin the City
of Aspen city limits. Units outside the city limits may be accepted as mitiga1ion by
the City Council, pursuant to 26.470.040.D.2. Provision of affordable housing
through a cash-in-lieu payment shall be at 1he discretion of the Planning and Zoning
Commission upon a recommendation from 1he Aspen/Pitkin County Housing
Authori1y. Required affordable housing may be provided through a mix of these
methods.
e) The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. In the alternative, rental units may be provided if a legal ins1rument, in a
form acceptable 10 the City Attorney, ensures permanent afJordability of the units.
Ordinance No.
Series of 2005.
Page 19
_r~'~"_'_"_"n_"r~'.__.___._~_-,_..~"..._~..~,."_.^,_,,, .__._ _^...._.,...__...........____.______~_~_~._._~__~
8. Residential Development - 60 Percent Affordable. The developmen1 of a residential
project, or an addition of units to an exis1ing residential project, in which a minimum of sixty
(60) percent of the additional units and thirty (30) percent of the additional Floor Area is
affordable housing deed restricted in accordance with the Aspen/Pitkin Coun1y Housing
Authority Guidelines shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following cri1eria:
a) Sufficient grow1h management allotments are available to accommodate the uses,
pursuant to Section 26.470.030.C, Developmen1 Ceiling Levels and Section
26.470.030.D, Annual Development Allotments.
b) A minimum of sixty (60) percent of the total additional units and thirty (30) percent
of the project's additional Floor Area shall be affordable housing. Multi-site projects
are permitted. Affordable housing units provided shall be approved pursuant to
Section 26.470.040.C.7, Affordable Housing and shall average Category 4, or lower,
rates as defined in the Aspen/Pitkin County Housing Authority Guidelines, as
amended.
c) If the project consists of only one (I) free-market residence, then a minimum of one
(I) affordable residence representing a minimum of thirty (30) percent of the project's
total Floor Area and deed restricted as a Category 4 "for-sale" unit, according to the
provisions of1he Aspen/Pitkin County Affordable Housing Guidelines, shall qualify.
d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated 1hrough improvement proposed as part of 1he project.
Public infrastructure includes, but is not limi1ed to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protec1ion, solid
waste disposal, parking, and road and transit services.
9. Residential Development - 70 Percent Affordable. The development of a residential
project, or an addition to an existing residential project, in which seventy (70) percent of 1he
project's addi1ional units and seventy (70) percent of the project's addi1ional bedrooms are
affordable housing deed res1ricted in accordance with the Aspen/Pitkin County Housing
Authority Guidelines shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following criteria:
a) Sufficient grow1h management allotmen1s are available to accommodate the uses,
pursuant to Section 26.470.030.C, Developmen1 Ceiling Levels and Section
26.470.030.D, Annual Development Allotments.
b) Seventy (70) percent of the t01al additional units and 10tal additional bedrooms shall
be affordable housing. At least forty (40) percent of the units shall average Category
4, or lower, rates as defined in the Aspen Pi1kin County Housing Au1hority
Guidelines, as amended. The remaining thirty (30) percen1 affordable housing unit
requirement may be provided as Resident Occupied (RO) units as defined in the
Aspen Pitkin County Housing Authority Guidelines, as amended. Multi-site projects
are permitted. Affordable housing units provided shall be approved pursuant to
Section 26.470.040.C.7, Affordable Housing.
Ordinance No.
Series of2005.
Page 20
c) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of 1he project.
Public infrastructure includes, but is not limi1ed to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
was1e disposal, parking, and road and 1ransit services.
Note: A project comprised of one free-market residence, one RO residence, and one
Category residence shall be considered meeting the 70 percent unit standard. A projec1
comprised of two free-market residences, two RO residences, and two Category
residences shall be considered meeting the 70 percent unit standard.
D. City Council Review
The following types of development shall be approved, approved with condi1ions, or denied by
the Ci1y Council, pursuant 10 Section 26.470.060, Procedures for Review, and 1he criteria for
each type of development described below. Except as n01ed, all City Council grow1h
management approvals shall be deducted from the respective Annual Development Allotments
and Development Ceiling Levels.
1. Multi-Year Development Allotment. The City Council, upon a recommendation from the
Planning and Zoning Commission, shall approve, approve with conditions, or deny a multi-year
development allotment request based on the following criteria:
a) The proposed development is considered "exceptional" considering the following
criteria: (N01e - A project need n01 meet all of the following criteria, only enough to
be sufficienlly considered "exceptional.")
1. The proposed project advances the visions, goals or specific action items of
the Aspen Area Community Plan.
2. The proposal exceeds the minimum affordable housing required for a standard
project.
3. The proposed project represents an excellent historic preserva1ion
accomplishment. A recommendation from 1he Historic Preservation Officer
shall be considered for this standard.
4. The proposal furthers affordable housing goals by providing units established
as priority through the current Guidelines of the Aspen/Pi1kin County Housing
Authority, and provides a desirable mix of affordable unit 1ypes, economic
levels, and lifestyles (e.g., singles, seniors and families). A recommendation
from the AspenlPiktin County Housing Authori1y shall be considered for this
standard.
5. The proposal minimizes impacts on public infrastructure by incorporating
innovative, energy-saving techniques.
6. The proposal minimizes construction impac1s 10 the ex1ent practicable both
during and after construction.
Ordinance No.
Series of 2005.
Page 21
7. The proposal maximizes potential public transi1 usage and minimizes reliance
on the automobile.
8. The proposal exceeds minimum requirements of the Efficient Building Code
or for LEEDS certification, as applicable. A recommenda1ion from the
Building Department shall be considered for this standard.
9. The proposal promotes sustainability of the local economy.
10. The proposal represents a desirable site plan and an archi1ectural design
solution.
I I. The proposed development is compatible with the character of the existing
land uses in the surrounding area and the purpose of the underlying zone
district.
b) The project complies with all other provisions of the Land Use Code and has obtained
all necessary approvals from the Historic Preservation Commission, the Planning and
Zoning Commission, and the City Council, as applicable.
c) The Community Development Director shall be directed to reduce the applicable
Annual Development Allotments, as provided in Section 26.470.030(D), in
subsequent year( s) as de1ermined appropriate by 1he Ci1y Council.
2. Provision of Required Affordable Housing Units Outside City Limits. The provision of
affordable housing, as required by Chapter 26.470, Growth Management, with uni1s to be located
outside the City of Aspen boundary, upon a recommendation from the Planning and Zoning
Commission, shall be approved, approved with condi1ions, or denied by the City Council based
on the following criteria:
a) The proposal promotes the Goals and Objectives of the Aspen Area Community Plan.
b) The off-site housing is within the Aspen Urban Growth Boundary or within an
acceptable proximity of the City of Aspen considering existing transportation
infras1ructure.
c) The proposal furthers affordable housing goals by providing units established as
priority through the current Guidelines of the Aspen/Pitkin County Housing
Authority, and provides a desirable mix of affordable unit types, economic levels, and
lifestyles (e.g., singles, seniors and families). A recommendation from the
Aspen/Pitkin County Housing Authority shall be considered for this standard.
d) The applicant has received all necessary approvals from the governing body with
jurisdiction of 1he off-site parcel.
Note: City Council may accept any percentage of a projecfs total affordable housing
mitiga1ion to be provided through units outside 1he city's jurisdictional limits, including
all or none.
Ordinance No.
Series of2005.
Page 22
._ ___"_'~,_"e'..~""_",__'_'~_"'+-_~~~_~___"_' ......__"'____.
3. Essential Public Facilities. The development of an Essential Public Facility, upon a
recommendation from the Planning and Zoning Commission, shall be approved, approved with
conditions, or denied by the City Council based on the following criteria:
a) The Community Developmen1 Director has determined the primary use and/or
structure to be an Essen1ial Public Facility. (See definition.) Accessory uses may also
be part of an Essential Public Facility project.
b) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030.C, Development Ceiling Levels and Section
26.470.030.D, Almual Development Allotments.
c) The proposed development is consistent with the Aspen Area Community Plan.
d) A sufficient percentage of the employees expec1ed to be generated by the project are
mitigated 1hrough the provision of affordable housing or cash-in-lieu thereof in a
manner acceptable to the City Council. The Employee Generation Ra1es may be used
as a guideline but each operation shall be analyzed for its unique employee needs.
The City Council may waive, or partially waive, affordable housing mitigation
requirements as is deemed appropriate and warranted for the purpose of promoting
civic uses and in consideration of broader community goals.
e) Free-Market residential floor area on the parcel is accompanied by affordable housing
units or mitigation pursuant to 26.470.040.C.6, unless otherwise res1ricted in the zone
district. The City Council may waive, partially waive, or establish a different
limita1ion as is deemed appropriate and warranted for the purpose of promoting civic
uses and in consideration of broader community goals.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvemen1s proposed as part of the project.
Public infrastructure includes, but is not limited to, wa1er supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal. parking, and road and transit services.
5. Preservation of Significant Open Space Parcels. On a project specific basis and upon a
recommenda1ion from the Planning and Zoning Commission, the City Council shall
approve, approve with conditions, or deny development of one or more residences in
exchange for the permanent preserva1ion of one or more parcels considered significant
for the preservation of open space. The preserva1ion parcel may lie outside 1he City of
Aspen jurisdiction. The exempted residential uni1s shall be deducted from the respective
Annual Developmen1 All01ment established pursuant to Section 26.470.030.D and the
Development Ceiling Levels established pursuant to Section 26.470.030.C. The
exempted residential units shall provide affordable housing mitigation, pursuant to the
requirements of Section 26.470.040.B.1. This exemption shall only apply to the specific
residences approved through this provision. Other residences within a projec1 not
specifically exempted 1hrough this provision shall require growth management approvals
pursuant to this Chapter. The criteria for determining the significance of a preservation
parcel and the associated development rights to be granted may include:
Ordinance No.
Series of 2005.
Page 23
1. The strategic nature of the preservation parcel to facilitate park, trails, or open space
objectives of the City of Aspen. This shall include a recommendation from the City of
Aspen Open Space Acquisition Board.
2. Identification of the preservation parcel as "private land with preservation value" in the
Aspen Area Community Plan or as a parcel desirable for preservation in any other
adopted master plans of the City of Aspen.
3. Proximityand/or visibility of the preservation parcel to the City of Aspen.
4. The development rights of the preservation parcel, including the allowed uses and
intensities and impacts associated with those uses if developed to the maximum.
5. The proposed location of the parcel(s) being granted grow1h management approvals and
the compatibility of the resulting uses and intensities of development wi1h the
surrounding neighborhood, including the impacts from the specified method of providing
atIordable housing mitigation. The new residences shall be restricted 10 the underlying
zoning restrictions of the property on which 1hey lie unless additional restrictions are
necessary in order to meet this criterion.
6. The preservation parcel shall be encumbered with a legal instrument, acceptable to the
City Attorney, which sterilizes the parcel from further development in perpetuity.
26.470.050 Calculations
A. Employee Generation and Mitigation
Whenever employee housing or cash-in-lieu is required to mitigate for employees generated by a
commercial or lodging development, there shall be an analysis and credit for employee
generation of the existing project, prior to redevelopment, and an employee generation analysis
of the proposed development. The employee mi1igation requiremen1 shall be based upon the
incremental employee generation difference between the exis1ing development and the proposed
developmen1.
1. Employee Generation:
The following employee generation rates are the result of the Employee Generation
Study, an analysis sponsored by the City of Aspen during the Summer and Fall of 2002
considering the actual employment requirements of over one-hundred (100) Aspen
businesses. This study is available at 1he Community Development Department.
Employee genera1ion is quan1ified as full 1ime equivalents (FTEs) per one-thousand
(1,000) square feet of ne11easable space.
Commercial C
Commercial (CI)
Neighborhood Commercial (NC)
Employees generated per 1,000
square feet of net leasable
s ace
4.1
4.1
Ordinance No.
Series of2005.
Page 24
3.7
3.5
3.9
.3 per lod ing bedroom
.5 per lodging bedroom
This Employee Generation Rate Schedule shall be used to determine employee
generation of projects within the City of Aspen. Each use wi1hin a mixed-use building
shall require a separate calculation to be added to the total for the project. For lodging
projects with flexible unit configurations, also known as "lock-off uni1s", each separate
"key", or rentable division, shall consti1ute a unit for the purposes of this section.
Timeshare units and exempt timeshare units are considered lodging projects for the
purposes of determining employee generation.
Applicants may request an Employee Generation Review with the Planning and Zoning
Commission, pursuant to Section 26.470.060, Procedures for Review, and according to
the following criteria. All essential public facilities shall be reviewed by the Planning
and Zoning Commission to determine employee generation. In establishing employee
generation, the Planning and Zoning Commission shall consider the following:
a) The expected employee generation of the use considering the employment
genera1ion pattern of the use, or of a similar use within Aspen.
b) Any unique employment characteristics of the operation.
c) The extent to which employees of various uses within a mixed-use building, or of
a related off-site operation, will overlap or serve multiple functions.
d) A proposed res1riction on the type of business, requiring full employee generation
mitigation upon vacation of the type of business, which may be acceptable to the
Planning and Zoning Commission.
2. Employees Housed.
Whenever a project provides residential units on- or off-site to satisfy affordable housing
requirements of this section, the following schedule shall be used to determine the
nwnber of employees housed by such units:
UnitTYfle: EmDlovees Housed: .
Studio I .25
One.bedtOOlll .... I .75
Tw&bedt06m 2.25
& For the Public Zone, the study evaluated only office-type public uses and this number should not be considered
typical for other non-office public facilities. Hence, the requirement for every Essential Public Facility proposal to
be evaluated for actual employee generation.
Ordinance No.
Series of2005.
Page 25
."._~......~-...-_~x______
3.00
1.00 employee per one
hundred fifty (150) square feet
of net livable space.
3. Employee Housing Cash-In-Lieu Payment.
Whenever a project provides employee housing via a cash-in-lieu payment, in part or in
total, 1he amount of the payment shall be in accordance with the applicable provisions of
the Aspen/Pitkin County Housing Authori1y Guidelines, as amended.
4. Accessory Dwelling Units as Mitigation Units. Accessory Dwelling Units,
approved pursuant to Chap1er 26.520 and which are deed restricted as "for-sale"
Category housing and transfimed to a qualified purchaser according to the provisions of
the Aspen Pitkin County Housing Authority, shall be considered mi1igation units and
attributed to a project's affordable housing provision. ADUs which are not deed
restricted as Category units and are not transferred to qualified purchasers shall not be
considered mitigation units and shall not be attributed to a project's affordable housing
provISIOn.
5. On-Site Housing Serves Multiple Affordable Housing Requirements.
Whenever affordable housing is provided on-site (wi1h actual units) in order to satisfy
one requirement, the same on-site affordable housing may also be used to satisfy any
other affordable housing requirement concurrenlly. For example: A mixed-use project
may require two affordable housing units 10 mitigate an increase in commercial employee
generation, and two affordable housing units to mitigate free-market residen1ial
development. In this case, providing two on-site affordable housing uni1s shall sa1isfy
both requirements concurrently.
Whenever required affordable housing is provided by means other than on-si1e provision,
such housing, or payment-in-lieu 1hereof, shall accrue consecu1ively to individual
requiremen1s and shall not serve requirements concurrenlly. In the above example,
provision of four units would be required.
26.470.060 Development Allotment and Application Review Procedures.
A. General.
I. Number of Develovment Avvlications. No more than one development application for
growth management allotments on anyone parcel shall be considered concurren1ly.
To submi1 a new application, any active growth management application for the same
property must be vacated.
2. Number of Growth Manazement Allocations. No more than one projec1 shall be
entilled to growth management allotments on anyone parcel concurrenlly. In order to
entille a different project on the same parcel, existing growth allotmen1s must be
Ordinance No.
Series of2005.
Page 26
vacated. (Also see, amendment of a grovv1h management approval, Section
26.470.080.)
3. No automatic "roll-over" of" Growth Manal!:ement ArJDlications. Applications shall
only be eligible for grovv1h allotments within the grovv1h management year in which
they are submitted and shall not automatically become eligible for fu1ure year
allotments. Applications must be resubmitted or renewed in order to be eligible for
the next year's allotments.
4. HPC ConceDtual ADDroval ReQuired. Whenever Historic Preservation Commission
approval is needed for a proposed project, the Historic Preservation Commission's
Conceptual approval mus1 be secured prior to submit1ing an application for a grovv1h
management allotment.
5. Conceptual PUD ApDroval ReQuired. Projects requiring approval of a Planned Unit
Development Plan, pursuant to section 26.445, Planned Uni1 Development, must first
obtain Conceptual PUD approval prior to submitting an application for a grovv1h
managemen1 allotment. Final PUD applications may be au1horized for combined
review pursuant to Section 26.304.060.8.1.
6. Desil!:n Review Drior to Growth Manal!:ement. Commercial, Lodging, and mixed-use
projects shall obtain Commercial Design Review approval, pursuant to Section
26.412, prior to submitting an application for grovv1h management allotment.
Residential projects shall obtain Residential Design S1andards approval, pursuan1 to
Section 26.410, prior to submitting an application for grovv1h management all01ment.
The Community Development Director may waive this requirement and authorize a
combined review, pursuant to 26.304.060.B.I.
7. Other ReQuired Land Use Reviews. Subdivision approval and 01her land use review
approvals, as applicable, shall be required and may be reviewed concurrently or
combined with review for growth management, pursuant to Section 26.304.060.B.l.
8. Non-Assignahilitv of"Growth Allolments. Development allotments obtained, pursuant
to this Chapter, shall not be assignable or transferable independent of the conveyance
of the real property on which the development all01ment has been approved.
B. Application and Allocation Procedures
I. Application Submission. An application for grovv1h management may be
submitted to the Communi1y Development Director at any time of the year. Applications
shall only be submitted within the grovv1h management year in which allocations are
requested, unless 1he application requests multi-year developmen1 allotments pursuant to
Section 26.470.040.0.1. All applications submitted on 1he same day shall be construed 10
have been submitted at the same time and a random drawing shall be held to determine
the order in which allocations shall be granted. Applications shall maintain their
submission order and allocations shall be granted accordingly regardless of the various
required processes to comple1e the grovv1h management review.
2. Procedures far Review. The following procedures shall apply to all grovv1h
managemen1 applications:
Ordinance No. Page 27
Series of2005.
a. Community Development Director Review. Applications for Administrative
Review shall be submitted to the Community Development Director who shall
review the application for completeness, refer the application to all appropriate
City staff and referral agencies, and 1hereafter determine, based on 1he appropriate
standards, if the application shall be approved, approved with conditions, or
disapproved. The Community Development Director may, at his/her own
discretion, refer the applica1ion to the Planning and Zoning Commission for their
input. Various referral agencies may hold their own public hearings.
b. Planning and Zoning Commission Review. Applications for Planning and
Zoning Commission Review shall be submitted to the Communi1y Development
Director who shall follow the same procedures noted above and forward a
recommendation, based on the applicable standards, that the application be
approved, approved with conditions, or disapproved. The Planning and Zoning
Commission shall review the application and the recommendation of the
Community Development Director during a public hearing according to the
applicable s1andards and, by resolution, approve, approve with conditions, or
disapprove the application. Notice of the hearing shall be by publication, posting, .
and mailing, pursuant to Section 26.304.060(E).
c. City Council Review. Applications for City Council Review shall be submi1ted to
the Community Development Director who shall follow the same procedures
noted above and forward a recommendation, based on the applicable standards, to
the Planning and Zoning Commission that the application be approved, approved
with conditions, or disapproved. The Planning and Zoning Commission shall
review the application during a public hearing according to the applicable
standards and, by resolution, recommend to City Council that the application be
approved, approved with conditions, or disapproved. Notice of the hearing shall
be by publication, posting, and mailing, pursuant 10 Section 26.304.060(E).
City Council shall review the application, the recommendation of the Planning
and Zoning Commission, and 1he recommendation of the Community
Development Director during a public hearing according to the applicable
standards and, by resolution, approve, approve with conditions, or disapprove the
application. Notice of 1he hearing shall be by publication, posting, and mailing,
pursuant to Section 26.304.060(E).
3. Allocation. Development allotments shall be allocated on a tirst-come-tirst-served
basis, not 10 exceed the available development allotmen1s. Projects requiring allotments
in excess of the available development all01ment shall be denied and 1he allotments shall
become available to the next eligible application.
Following approval or approval with conditions, pursuant to 1he above procedures for
review, the Community Development Director shall issue a development order pursuant
to Section 26.304.070, Development Orders, provided that any change required by the
Ordinance No.
Series 01'2005.
Page 28
"'--"~'--'~---'<"~'---'''----''-~~._'''-_.~'~-.,,--
approving body shall be reflected. Those applicants having received allotments may
proceed to apply for any further development approvals required by this Title or any
01her regula1ions of the City.
4. Exviration of Growth Manazement Allotments: Growth allotments granted
pursuant to this section shall expire on the day after the third anniversary of the effective
date of the development order, pursuant to the terms and limitations of Section
26.304.070. Expired allotments shall not be considered valid and the applicant shall be
required to apply for new allotments. Expired allotments shall be added to the next
year's available allotmen1s at the discretion of the Planning and Zoning Commission,
pursuant to Section 26.470.030.E.
C. Application Contents.
Applications for growth management shall include the following:
1. The general application information required in Common Procedures, Section 26.304.
2. A Site Improvement Survey depicting:
a) Existing natural and man-made site features.
b) All legal easements and restrictions.
c) All requirements for Improvement Surveys outlined in the current City
Engineering Department regulations.
3. A description of the project and the number and type of requested growth managemen1
all01ments.
4. A detailed description and site plan of the proposed development including proposed land
uses, densities, natural features, traffic and pedestrian circulation, off-s1reet parking, open
space areas, infrastructure improvements, site drainage, and any associa1ed off-si1e
improvements.
5. A description of the proposed affordable housing and how it provides adequate
mitigation for the project and conforms to the Guidelines of the Aspen/Pitkin County
Housing Authority.
6. A statemen1 as to how the application should be considered "exceptional" if multi-year
allotments are being requested.
7. A statement specifying the public facilities that will be needed to accommodate the
proposed developmen1, proposed infrastructure improvements, and the specific
assurances will be made to ensure the public facili1ies will be available to accommodate
the proposed developmen1.
8. A written response to each of the Review Criteria con1ained in Sec1ion 26.470.040
according to the specific type of review.
9. Copies of required approvals from the Planning and Zoning Commission, His10ric
Preservation Commission, and the City Council, as necessary.
26.470.070 Reconstruction Limitations
A. An applicant may propose 10 demolish and then delay 1he reconstruction of existing
development for a period not to exceed one (I) year. To comply with this limitation, and
Ordinance No.
Series of2005.
Page 29
maintain the reconstruction credit, an applicant must submit a complete building permi1
applica1ion for reconstruction on or before the anniversary of the issuance date of the demolition
permit. City Council may extend this deadline by demonstration of good cause. This time
limitation shall not apply to the reconstruction of single-family and duplex development.
B. Applicants shall verify existing conditions prior to demolition with the Ci1y of Aspen
Zoning Officer in order to document reconstruction rights. An applicant's failure to accurately
document exis1ing condi1ions prior to demoli1ion and verify reconstruc1ion righ1s wi1h the City of
Aspen Zoning Officer may result in a loss of some or all of the reconstruction righ1s.
C. Reconstructed buildings shall comply with applicable requirements of the Land Use
Code, including but not limited to Section 26.312, Nonconformi1ies, and Section 26.710, Zone
Districts.
D. Any building that is demolished shall be limited to reconstruction on the same parcel, on
a contiguous parcel owned by the applicant, or on a non-contiguous parcel within the same PUD
when authorized pursuant to Section 26.445, Planned Unit Development.
26.470.080 Amendment of a Growth Management Development Order.
A. Insubstantial Amendment. An insubstantial amendment to an approved growth
management development order may be authorized by the Community Development Director if:
I. The change conforms to all other provisions of 1he Land Use Code and does n01 exceed
approved variations to the Residential Design Standards or Commercial Design Review,
as applicable.
2. The change does not alter 1he number, size, 1ype or deed res1riction of 1he proposed
affordable housing units or 1hose changes have been accepted by the Aspen/Pitkin
County Housing Authority.
3. The change is limited to technical or engineering considera1ions discovered prior to or
during actual development that could not reasonably be anticipa1ed during the review
process, or any other minor change that the Community Development Director finds has
no etlect on the conditions and representations made during the original project review.
B. Substantial Amendment. All other amendmen1s to an approved growth management
development order shall be reviewed pursuant 10 the terms and procedures of this Chapter.
Allotments granted shall remain valid and applied to the amended application, provided the
amendment applica1ion is submitted prior to the expira1ion of vested rights. Amendment
applications requiring additional all01ments, or allotmen1s for different uses, shall obtain those
allotments pursuan1 to the procedures of this Chapter.
Ordinance No.
Series of2005.
Page 30
26.470.090
Appeals.
A. Appeal of adverse determination by the Community Development Director. An
appeal made by an applicant aggrieved by a determination made by the Community
Development Director on an application for administrative review shall be to the Planning and
Zoning Commission. The appeal procedures set forth a1 Chap1er 26.316 shall apply. The
Planning and Zoning Commission may reverse, affirm. or modify the decision or determination
of the Community Development Director based upon the application submitted to 1he
Community Development Director and the record established by the Director's review. The
decision of the Planning and Zoning Commission shall constitute the final administrative action
on the matter.
B. Appeal of adverse determination by the Planning and Zoning Commission. An
appeal made by an applicant aggrieved by a determination made by the Planning and Zoning
Commission on an application for Planning and Zoning Commission Review shall be to the City
Council. The appeal procedures se1 forth a1 Chapter 26.316 shall apply. The City Council may
reverse, affirm, or modifY the decision or determination of the Planning and Zoning Commission
based upon the application submitted to the Planning and Zoning Commission and the record
established by the Commission's review. The decision of the City Council shall constitute the
final administrative action on the matter.
C. Insufficient Development Allotments. Any property owner within 1he City of Aspen
who is preven1ed from developing a property because tha1 year's development allotments, both
standard and reserve, have been entirely allocated may appeal to the City Council for
developmen1 approval. An application requesting allotmen1s must first be denied due to lack of
necessary allotments. The appeal procedures set forth at Chap1er 26.316 shall apply. City
Council may take any such ac1ion determined necessary including, but not limited to, making a
one-time increase of the Standard or Reserve allotment sufficient to accommodate the
application.
Section 2:
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 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or uncons1itutional 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 1hereof.
Section 4:
That the City Clerk is directed, upon 1he adop1ion of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin Coun1y Clerk and Recorder.
Ordinance No.
Series of 2005.
Page 31
Section 5:
A public hearing on the Ordinance shall be held on the 11th day of April, 2005, at 5:00 p.m.
in the City Cowlcil Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circula1ion within the City of Aspen.
Section 6:
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 28th day of March, 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. KIanderud, Mayor
Approved as to form:
City Attorney
Ordinance No.
Series of2005.
Page 32
V'\c..
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
FROM:
John Worcester, Ci1y Attorney
Chris Bendon, Community Development Director ~
Service/Commercial/Industrial (SCI) Zone District Code Amendment
First Reading of Ordinance No.1.b Series of 2005
Second Reading scheduled for April 25, 2005
THRU:
RE:
DATE:
March 28, 2005
SUMMARY:
This proposed ordinance updates the Service/Commercial/Industrial Zone Dis1ric1.
The SCI changes provide an updated list of permitted and conditional commercial
uses and allows for residential uses on upper floors. The proposed changes include
the 9,000 square foot limit on Design Studios that was approved by City Council in
1999, but never properly codified. (The 9,000 square foot limi1 has been adminis1ered
by the Zoning Officer and has not been breached.)
The overall FAR remains 1he same - 2:1. The heigh1 remains at 35 feet wi1h 1he
ability to increase this to 40 feet with either a minimum amount of SCI space or to
improve the usable first-floor ceiling height. Staff believes these are important
incentives to offer to SCI development. Only one height increase is available even if
a development qualifies for b01h incentives.
The SCI Zone encompasses 1he Obermeyer project. This projec1 was approved
through a PUD and will not be able to increase heights without a significant
amendment to 1he PUD. Other SCI areas are on both sides of North Mill at the Puppy
Smith in1ersection. The properties on the river-side of the intersec1ion are severely
limited by the stream margin and may not have much actual redevelopmen1 potential.
The US Pos1 Office is zoned SCI. The basement of the Clark's Marke1 building is
also zoned SCI.
The changes reflect Ci1y Council's direction to staff from various work sessions on
commercial development. Staff does not believe these changes are significant, these
are primarily clean-up items implementing Council direc1ion on this zone.
Staff recommends adoption of Ordinance No. ~ Series of 2005, upon first
reading.
I
MAP OF SCI ZONE DISTRICT:
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CITYMANAGER'~ENTS: "- ! ~ .., ~J~
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RECOMMENDED MOTION:
"] move to approve Ordinance No.~eries of2005, upon first reading"
ATTACHMENTS:
A - Review Criteria
B - Council Work Session Swnmary
2
ORDINANCE NO. ~
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.160-
SERVICE/COMMERCIAL/INDUSTRIAL (SCI) ZONE DISTRICT - OF THE
CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen inStructed 1he Director of the Community Development Department to
propose amendments to 1he Land Use Code, part of 1he City of Aspen Municipal Code,
rela1ed 10 1he Infill Report, a report developed by a ci1y-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 ac1ion items
identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a
report commissioned by the City of Aspen in 2000), recommendations of1he 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 Ins1i1ute
Community Forum concluded in September, 2002) tha1 call for:
. in1ensification of land uses within 1he 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.
. rejuvena1ion of aging commercial properties.
. development of mixed-use buildings with housing opportunities for locals.
. development of affordable housing in loca1ions supported by 1he "In1erim Aspen
Area Housing Plan Guidelines" (incorpora1ed as part of the 2000 AACP).
. revisions to, or elimination of, identified barriers to successful infill developmen1
such as the costs of development exactions, growth management penalties for
redeveloping buildings, and the length and uncertainty of approval processes.
. revisions to the s1rategy implementing growth management to emphasize quality
of development as opposed to just the quantity of development.
. elimination of development incentives for single-family and duplex development
within commercial, mixed-use, and lodging zone districts.
. balance between the community and the resorl aspects of Aspen.
. sustainability of the local social and economic conditions.
· The crea1ion of a development environment in which private sector motivation is
leveraged to address community goals; and,
WHEREAS, the amendments herein rela1e to the following Section of the Land
Use Code, Title 26 of1he Aspen Municipal Code:
26.710.160 - Service/CommerciallIndustrial (SCI) Zone District; and,
WHEREAS, pursuant 10 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 ac1ion shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Direc10r recommended approval of
the proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened 1he 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 Oc10ber 8, 2002, continued to October 15,
2002, continued to October 22, 2002, continued to October 29, 2002, continued 10
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, 100k and considered public testimony a1 each of the aforemen1ioned
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 1he land use code by amending the text of the above n01ed 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 1he applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director and 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 1ext amendments to the Land
Use Code mee1 or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Communi1y Plan; and,
WHEREAS, the City Council finds 1hat 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:
Section 26.710.160, Service/Commercial/Industrial (SCI) Zone District, which
section regulates uses and development within the Service/Commercial/Industrial
Zone District. shall read as follows:
26.710.160 Service/Commercial Industrial (SCI).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district
is to preserve and enhance locally-serving, primarily non-retail small business areas to
ensure a more balanced permanent communi1y; to protect the few remaining such small
business parks historically used primarily for ligh1 industrial uses, manufacturing, repair,
storage and servicing of consumer goods, with limited retail, showroom, or customer
reception areas. The SCI zone distric1 contains uses tha1 may not be appropriate in other
zone districts or do not require or generate high customer traffic volumes, and permits
customary accessory uses.
B. Permitted Uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (S/C/I) zone district. Except as noted below, each of 1he
permitted uses may have, in combination, no more than twenty-five (25) percent of the
floor area devoted to retail sales, offices, showroom, or customer reception, and such uses
shall be ancillary to the primary commercial use. This floor area percentage may be
increased through Special Review by the Planning and Zoning Commission, pursuant to
Section 26.430, and according 10 1he standards ofSec1ion 26.710.160(E).
SCI Uses which mav use UP to 100% of the floor area for retail sales, offices, showroom,
or customer reception:
]. Manufacturing, repair, servicing, detailing, sales, and ren1al of conswner goods such
as:
a) Building ma1erials, components, hardware, fixtures, and equipment.
b) Automobiles and motorcycles, including parts.
c) Fabric and sewing supply.
SCI Uses which mav use, in combination, UP to 25% of the floor area for accessorv re1ail
sales, offices, showroom, or cus10mer recep1ion:
I. Manufacturing, repair, alteration, tailoring, and servicing of conswner goods such
as: Household appliances; elec1ronic equipment; furniture; cl01hing; or sporting
goods.
2. Building/landscape maintenance facility.
3. Typesetting and printing.
4. Photo processing laboratory.
5. Locksmith.
6. Post Office branch.
7. Shipping and receiving services.
8. Automobile washing facility.
9. Catalogue sales store.
10. Laundromat.
II. Commercial dry cleaning.
12. Recycling center.
13. Artists s1udio.
14. Rehearsal or teaching studio for the creative, performing, or martial arts with no
public performances.
15 . Veterinary clinic.
16. Animal boarding facility.
17. Animal grooming es1ablishment.
18. Brewery and brewing supply.
19. Coffee roas1ing and supply.
20. Commercial Kitchen or Bakery.
21. Warehousing and storage.
22. Service yard accessory to a permitted use.
23. Sales and rental accessory and inciden1al to a permitted use.
24. Accessory buildings and uses.
Non-SCI Uses permitted:
I. Design Studio such that 1he total net leasable square footage devoted to such use
within 1he en1ire zone dis1rict does not exceed 9,000 square feet.
2. Home occupations.
C. Conditional uses. The following uses are permitted as condi1ional uses in the
Service/Commercial/ Industrial (S/C/I) zone district, subject to 1he standards and
procedures established in Chapter 26.425. The Commission shall establish the
appropriate amount of floor area devoted to retail sales, office, showroom, or customer
reception for each conditional use during the review.
I. Consignment retail establishment.
2. Commercial Parking Facility, pursuant 10 Section 26.515.
3. Gasoline service station.
4. Affordable Multi-Family Housing on Upper Floors.
5. Free-Marke1 Multi-Family Housing on Upper Floors.
6. Artist's Studio wi1h ancillary residence on Upper Floors.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Service/Commercial! Industrial (S/C/I) zone
district:
I. Minimum lot size (.\'Quare feet): 3,000
2. Minimum lot area /Jer dwellini! unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum (ront yard setback (feet): No requirement.
5. Minimum side yard setback (feet). No requirement.
6. Minimum rear yard setback (!"eet): No requirement.
7. Maximum heii!ht. 35 feet, which may be increased to 40 feet through one
of the following options:
a) An additional 5 feet of total height may be approved, pursuant to
Special Review, Section 26.430 and according to 1he standards of
Section 26.710.160(E), if a minimum of .75:1 Floor Area Ratio of
SCI uses exists on the same parcel. (Also, see Floor Area Ratio
below.)
b) An additional 5 fee1 of t01al height may be approved, pursuant to
Special Review, Section 26.430 and according to the standards of
Section 26.71 0.160(E), to increase first floor ceiling heigh1.
8. Minimum distance between buildinzs on the lot (feet!: No Requirement.
9. Pedes/rian Amenitv Svace: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR): The following FAR schedule applies to uses
cumulatively up to a total maximum FAR of 2: I.
a) Commercial Uses 1.5: I.
b) Affordable Multi-Family Housing: .5:1.
c) Free-Market Multi-Family Housing: .5:1, only if a minimum of .75:1 FAR
of commercial uses exist on the same parcel.
E. Special Review Standards. Whenever 1he dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, 1he development
application shall be processed as a Special Review, pursuant to Sec1ion 26.430, and shall
be approved, approved wi1h conditions, or denied based on conformance with the
following criteria:
1. To increase the allowable height the applican1 shall demonstrate the need for
additional height, the appropriateness of the additional height and massing
considering the context in which the building will be developed, and shall
demonstrate consistency with the purpose of the SCI Zone District. Five (5) feet of
addi1ional height may be approved as an incentive 10 either develop a minimum of
.75:1 FAR of SCI business space or to increase the usable floor-to-ceiling height of
the ground floor. The height increase shall not be used to accommodate additional
ceiling heigh1 for residential uses. Only one five-foot height increase may be
approved, even ifb01h development options are taken.
2. To increase the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicant shall demonstrate the need and
appropriateness for such additional space and shall demonstrate consistency with the
purpose of the SCI Zone District. The approved additional percentage for a specific
use shall be limited to that use and not applicable to subsequen1 uses in the same
space.
Section 2:
This Ordinance shall not aflect 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 1he same shall be conduc1ed
and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitu1ional in a court of competent jurisdic1ion, such
portion shall be deemed a separa1e, dis1inct and independent provision and shall not
affec1 the validity of the remaining portions 1hereof.
Section 4:
That the City Clerk is directed, upon 1he adoption of this Ordinance, to record a copy
of this Ordinance in 1he office of 1he Pitkin County Clerk and Recorder.
Section 5:
A public hearing on the Ordinance shall be held on the 25th day of April, 2005, a1
5:00 p.m. in 1he City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen
(15) days prior to which hearing a public notice of 1he same shall be published in a
newspaper of general circula1ion wi1hin 1he City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by 1he City
Council of the City of Aspen on the 28th day of March, 2005.
Attest:
Kathryn S. Koc.h, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved 1his _ day of
,2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
C:lhomelinfilllSCI ZonelSCI ordinance.doc
Exhibit A
SCI Zone Amendments
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 1he Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The proposed SCI code amendments are to encourage the development of higher intensity
development in areas that can support such intensi1y with existing infrastructure. This
prom01es a general planning goal of maximizing the efficiency of existing public
infrastructure and also providing development intensity in areas where au10mobile use
can be minimized. No aspect of the proposed code amendment is in conflict with other
portions of1he Municipal Code.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan.
StafIFinding:
Staflbelieves these changes to the SCI zone are supported by the AACP. There are many
references to providing commercial and mixed-use redevelopment opportunities wi1hin
the townsite and within walking distance of daily needs. The two areas where this zone is
used are appropriate places for SCI development and the proposed purpose of the zone
will help guide future designation of where this zone should be used in the future. These
code amendments are also expected to encourage mixed-income housing, promoting a
healthy social fabric and a balance between the resort and the community. .
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and
neighborhood characteristics.
Staff Finding:
This amendmen1 does not affec1 the location of 1he SCI zone. The zones boundaries are
not being altered, only the allowances within the zone district and 1he types of uses and
intensi1ies allowed on these parcels. These areas of10wn continue 10 be appropriate
locations for commercial and mixed-use development consisten1 with exis1ing
development. Staff believes this criterion is me1.
D. The effect of the proposed amendment on traffic generation and
road safety.
staff comments - SCI Zone. page I
Staff Finding:
The proposed changes encourage redevelopment and capital investment in commercial
and mixed-use buildings within 1he SCI zone. Encouraging reinvestment in the mixed-use
distric1s within Aspen will likely create slightly more 1raffic on local stree1s. Staff does
not believe the amendments represent any safe1y 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:
The amendments intentionally encourage grea1er use of existing infrastructure by
focusing development into areas that are already served as opposed to areas to which new
infrastructure must be extended. The amount of poten1ial development is not expected 10
unduly burden or overwhelm existing infrastructure. Also,impact mitigation
requirements for public systems ensure their continued capability.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding:
Increased reinvestment opportunities will allow for greater utilization of existing and
planned infrastructure improvements. This may have less of a nega1ive effect on the
environmen1 than developmen1 in areas where infrastructure does not already exist.
Generally, staff believes this Ordinance will n01 encourage adverse impac1s on the natural
environment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
Staff Finding:
Characteristic of traditional towns, and importan1 to Aspen as expressed in the
Community Plan, is a vibrant down10wn commercial district with mixed-uses and retail
continui1y. This is the historic charac1er of the downtown and the changes should
encourage reinvestment in 1his development 1ype. Staff believes 1he amendments are
consistent and compatible 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 n01 specific to one parcel.
staff comments - SCI Zone. page 2
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 in1eres1. The
AACP reflec1s a community desire for integra1ed affordable housing opportuni1ies and
local-serving commercial uses within mixed-use areas.
Staff believes this Ordinance will promote the purpose and in1ent of this Title. This
Ordinance promotes reinvestment in commercial and mixed-use areas of1own and
emphasizes on-site employee housing opportuni1ies for working residents and reducing
the dependence on the automobile by providing housing near employment and recreation
centers. Healthy mixed-use districts are consis1ent with the public interest. Local-serving
commercial business opportunities will aid the local economy and is consistent with the
public interest.
s1aff comments - SCI Zone. page 3
ASPEN CITY COUNCIL WORK SESSION
MEETING NOTES
~,~it- ~
~~
MEETING DATE:
August 31, 2004
AGENDA TOPIC:
Commercial Development - work session
PRESENTED BY:
Chris Bendon
COUNCIL MEMBERS PRESENT:
Helen, Terry, Tim, Rachel, & Torre
Summary
City Council discussed Lodging (a revisit of previous direction) the MU zone, NC zone, and the
SCl zone. This work session was a con1inuation of previous commercial work sessions.
Items Resolved August 31s/:
Lodging Revisit
City Council redirected s1aff on the lodging incentive to pursue a "density" standard
ra1her that 1rying to differentia1e tradi1ional ownership verses fractional ownership.
This is a s1ra1egy to encourage lodging with small rooms and higher uni1 counts. A lodge
unit per lot area and possibly an average lodge unit size could be used. Staff believes 1his
addresses an interest of 1he City - specifically high occupancy lodging projects while
fitting better with standard zoning differentia1ion, namely density. As a secondary
outcome, this density standard may be less appealing to fractional projects as the trend
seems to indicate larger units in fractional projec1s.
Mixed-Use Zone (Main Street).
For the Mixed-Use dis1rict (Main Street), Council previously directed staff to structure
allowable heights to permit a 32-foot heigh1 for mixed-use, lodging, and mul1i-family
development and maintain the 25-foot limit for single-family and duplex development.
Staff also suggested a reduced ratio for new single-family and duplex development
similar to the reduc1ion in the RMF zone - 80% of1he R6 schedule. For replacemen1 of
existing single-family and duplex struc1ures, a 100% schedule would apply 1hereby not
creating non-conformities. Council agreed with the strategy.
There was some discussion on the reduc1ion or waiver of affordable housing mi1iga1ion
for converting historic structures to commercial uses. This could be a strategy to
encourage the preservation and rehabilitation of older buildings in 1his zone. The
discussion was not concluded.
Neighborhood Commercial
This zone is comprised of two areas - the Clark's Market and KSNO buildings, and the
City Marke1/Durant Mall area. B01h areas are zoned wi1h a PUD Overlay which controls
their dimensions. Because of the 1wo different contexts, the PUD process would be
useful in de1ermining zoning dimensions.
I
Staff suggests a range of options. Council determined that no major updates to this zone
were necessary al1hough the lis1 of permitted uses should be cleaned-up.
rerVice Commercial Industrial
Council previously agreed to a 35-fo01 height limit (which is the current requirement)
with one 5-foot height increase to encourage greater first floor heights or a minimum
*" amount of SCI space. (Only one increase for either or these, bu1 not two total increases.)
Some of1he uses should also be cleaned-up and the amount of retail/showroom space that
can be provided should be clarified. Council confirmed 1his basic strategy.
L-
Previouslv Resolved Items:
Redevelopment projects should be permitted a creditfor their existing development. The City's
code permits the replacement of commercial square fo01age after demoli1ion only if the project
mitigates for atTordable housing as if nothing existed 1here before - no credit. This replacement
penal1y is a significant barrier to redevelopment and removing i1 is a consis1ent theme of the infill
discussions. This redevelopment credit idea was implemented a few years ago in 1he Lodge
Preservation Program and has produced some positive activity. Providing this credit is similar to
the City's approach on Lodging development. Councilwoman Richards expressed some interest
in still requiring some level ofmi1igation. 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 environment 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 off-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.
The Pedestrian Amenity requirement should be 25% of each lot: Council decided on keeping
this standard at 25% with the abili1y 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.
Redevelopment of lots with no Pedestrian Amenity (or less than required) space is currently
provided shall n01 be required 10 provide Pedestrian Amenity if the building is merely being
replaced with no expansion. If the redevelopment of a lot increases the building size, a
Pedestrian Amenity equal to 10% of 1he lot size will be required and could automatically be
satisfied with a cash-in-lieu payment.
2
Pedestrian Amenity and Commercial Design Standards should be ready for first reading by
Sep1ember 13 th
The outdoor merchandising in required open space issue will be forwarded to the Down10wn
Catalyst and not addressed in infill amendments.
The TDR Program will not be expanded to the Commercial Zones.
A TDR program for Affordable Housing mitigation will not be pursued in infilI code
amendments. The idea will be forwarded to the Housing Authority and Board.
CC Zone Height: A height limit of 42 feet, measured at the full extent of the roof will apply to
the Commercial Core District. Staff will research some flexibility for modest increases to
accommodate rooflines internal to a project tha1 are not visible from the street level. This would
likely be a review done by HPC as they already mus1 review the design of each building.
Cl and Lodge Zone Height: In 1he CI and Lodge districts, a 42-foot height for flat roofs and
38 feet for midpoint of pitched roofs will apply.
CC and C I changes are scheduled for public hearing on September 13th
Mixed-Use Zone Height: In the Mixed-Use distric1 (Main Street), a 32-foot height limit will
apply to mixed-use, lodging, and multi-family development. The 25-foot limit will remain for
single-family and duplex development.
First Floor Commercial Core Office Restriction: Council directed staff 10 pursue a res1riction
on ground floor offices in the Commercial Core. Council generally supported a "setback
provision" which would exempt spaces from this restric1ion if they were significantly set back
from the front of the parcel. Staff generally believes a 40-45 1'001 setback will accommodate
existing spac~s that would not make great retailing spaces. Council agreed to not apply this no-
office restriction on split level buildings. Rachel, Torre, and Terry supported the office
restriction with Helen and Tim opposed.
This item is scheduled for public hearing on September 13th, along with other changes to the CC
and CI Zones.
Wagner Park View Plane: City Council reviewed additional graphics on 1he potential Wagner
Park view plane in relation to the suggested 42-foot height limit for lodging development.
Council decided not to pursue a regulated view plane from the edge of Wagner Park. Terry and
Torre supported a new regulation.
Commercial Core and Commercial] Districts: Council was generally supportive of a the staff
recommended FAR limit 01'3:1, comprised ofa 1.5:1 limit on commercial, a 1:1 limit on free-
market residential, and no limi1 on affordable housing. Sunny Vann expressed interest in
allowing the internal distribution of floor area to be varied and staff will look into this more and
provide a recommenda1ion. Council was generally supportive ofpermi1ting single-family and
duplex development in 1he C I zone with a reduced FAR schedule - 80% R6 was discussed.
3
VII \a..,
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
Chris Bendon, Community Development Director GAVVl
Amy Guthrie, His10ric Preservation Officer
THRU:
FROM:
RE:
701 W. Main S1reet- Subdivision Exemp1ionlHistoric Landmark L01 Split-Second
Reading of Ordinance No.4, Series of2005, PUBLIC HEARING
DATE:
March 28, 2005
SUMMARY: The subject property is listed on 1he Aspen Inventory of Historic Landmark Sites
and S1ructures and contains two structures, a cabin and an ou1building. The year of the cabin's
construction on record with the Assessor's office is 1935.
The applicant has received HPC approval to relocate the historic cabin on the site and to
demolish the non-his10ric outbuilding. HPC has recommended in favor of a Historic Landmark
Lot Split, including a variance from the minimum required lot size because 701 W. Main Street
is a non-conforming parcel. The variance was granted subject to Council's final approval of the
lot split As the project moves forward, the owner intends to restore 1he exis1ing cabin on the site
as much as possible, and to develop the 1wo halves of the property as residential or mixed use.
Since first reading, the applicant has approached HPC in a public hearing 10 make an adjustment
to the location of the new lot line. The board is in support of this amendment, which has been
incorporated into the final ordinance. John Worcester advised that 1here was no need to repea1
Ii rst reading.
Staff and HPC recommend tha1 a Historic Landmark L01 Spli1 be supported. The review
criteria are met and the Lot Split is a good tool for removing development pressure from a
small building.
APPLICANT: Marshall and Susan Olsen, owners.
PARCEL ID: 2735-124-46-004.
ADDRESS: 701 W. Main Street, Lots H and I, less the west 2.35 feet of Lot H, Block 19, City
and Townsite of Aspen, Colorado.
ZONING: 0, Office.
HISTORIC LANDMARK LOT SPLIT
In order to complete a Historic Landmark Lot Split, the applicant shall meet the following
requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section
26.470.070(C), and Sec1ion 26.415.110(A.) The first two citations are discussed below. Section
26.470.070(C) establishes the His10ric Landmark Lot Split as exemp1 from Growth Management
through a separate Community Development Director approval, and Section 26.415.110(A) lays
ou1 the review procedure, which has been complied with.
26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT
The split of a lot for the purpose of 1he development of one detached single-family dwelling on a
lot formed by a lot split granted subsequent to November 14, 1977, where all of the following
conditions are met:
a) The land is not located in a subdivision approved by either the Pitkin County Board
of County Commissioners or the City Council, or the land is described as a metes
and bounds parcel which has not been subdivided after the adoption of subdivision
regulations by the City of Aspen on March 24, 1969. This restriction shall not
apply to properties listed on the Aspen 1nventory of Historic Landmark Sites and
Structures; and
Staff Finding:
The property is part of the original townsite and has n01 been previously subdivided. Most of 1he
Historic Landmark L01 Spli1s tha1 have been approved occur in neighborhoods where residential
development is the only option. Although this property is in the Office Zone dis1rict, a condition
of approval will be required to make it clear that the developmen1 occurring on the vacant parcel
at 701 W. Main Street must be a single family residence per the introductory statement to these
criteria, unless a future code amendment lifts this restriction. The lot 1hat contains the cabin can
be developed as ei1her residential or mixed-use.
b) No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section
26./00.040(A)(1)(c).
Staff Finding:
The property is a non-conforming 5,765 square foot lot as a resul1 of an adverse possession by
the adjacen1 neighbor. This proposal will create one 3,200 square fo0110t and one 2,565 square
foot 101. The minimum size required for a Historic Landmark L01 Spli1 is 3,000 square feet bU1,
as stated above, HPC has gran1ed a variance pending final approval of1he 101 split by Council.
With regard to the requirements for affordable housing mitigation, Council has recen11y adopted
new benefits for historic properties, pursuant 10 Section 26.420 of the Municipal Code, which
states that mitigation will not be required for properties created through a historic landmark 101
split.
2
c) The lot under consideration, or any part thereof, was not previously the subject of a
subdivision exemption under the provisions of this chapter or a "lot split"
exemption pursuant to Section 26.100.040(C)(I)(a); and
Staff Finding:
The land has no1 received a subdivision exemption or lot split exemption.
d) A subdivision plat which meets the terms of this chapter, and conforms to the
requirements of this title, is submitted and recorded in the office of the Pitkin
County clerk and recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built without receipt of
applicable approvals pursuant to this chapter and growth management allocation
pursuant to Chapter 26.100.
Staff Finding:
The subdivision plat shall be a condition of approval. It must be reviewed by the Community
Development Department for approval and recordation wi1hin 180 days of final land use action.
e) Recordation. The subdivision exemption agreement and plat shall be recorded in
the office of the Pitkin County clerk and recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid and reconsideration of
the plat by the City Council will be required for a showing of good cause.
Staff Finding:
The subdivision exemption agreement shall be a condition of approval.
f) III the case where an existing single-family dwelling occupies a site which is
eligible for a lot split, the dwelling need not be demolished prior to applicatioll for a
lot ~plit.
Staff Finding:
No dwelling will be demolished as part of 1his lot split The outbuilding along the alley is
proposed 10 be demolished. It is currently being occupied as a residence illegally, which must be
corrected.
g) Maximum potential buildout for the two (2) parcels created by a lot split shall not
exceed three (3) units, which may be composed of a duplex and a single-family
home.
Staff Finding:
The parcel currently contains a single family home. The proposal will add one new homesite. No
more than two units in total can be created as part of this redevelopment based on the size of the
lots.
3
26.480.030(A)( 4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT
The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures
for the development of one new single-family dwelling may receive a subdivision exemption if it
meets the following standards:
a. The original parcel shall be a minimum of six thousand (6,000) square
feet in size and be located in the R-6, R-15, R-15A, RMF, or 0 zone district.
Staff Finding:
The subject parcel is 5,765 square feet and is located in the Office Zone Dis1rict. A variance
was requested and approved in order to meet the minimum lot size stated above.
b. The total FAR for both residences shall be established by the size of
the parcel and the zone district where the property is located. The total FAR for each lot
shall be noted on the Subdivision Exemption Plat.
In the Office zone district, the following shall apply to the calculation of maximum floor
area for lots created through the historic landmark lot split. Note that the total FAR shall
not be stated on the Subdivision Exemption Plat because the floor area will be affected by
the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use, the
maximum floor area will be as stated in the R-6 zone district.
If any portion of a building on a lot created by the historic landmark lot split is in
commercial/office use, then the allowed floor area for that lot shall be the floor area
allowed for all uses other than residential in the zone district. If the adjacent parcel
created by the lot split remains wholly in residential use, then the floor area on that parcel
shall be limited to the maximum allowed on a lot of its size for residential use according to
the R-6 standards.
If there is commercial/office use on both newly created lots, the maximum floor area for all
uses other than residential in the zone district will be applied.
Staff Finding:
The maximum Hoor area for the original parcel, containing a his10ric landmark in the Office
zone, is 3,174 square feet for residential development, or 4,324 square feet for mixed use. The
applicant intends 10 develop the corner, smaller lot as mixed use. This lot will contain the
historic building and may have an FAR of up to 1,924 square feet under curren1 zoning. The new
lot must be developed as a residence, and at this time the allowable residential Hoor area for a
3,200 square foot lot in the Office Zone Dis1ric1 is 2,456 square feet. None of these FAR figures
should be represented on the plat in case fu1ure code amendmen1s atTect the development rights.
c. The proposed development meets all dimensional requirements of the
underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c)
4
are only permitted on the parcels that will contain a historic structure. The FAR bonus
will be added to the maximum FAR allowed on the original parcel.
Staff Finding: No variances can be granted for the vacant new lot under the HPC review
cri1eria. Variances based on hardship may be sough1 rela1ed 10 the presence of a large 1ree on this
lot.
RECOMMENDATION: Staff and HPC recommend that Council approve the request for a
Historic Landmark Lot Split at 701 W. Main Street on Second Reading.
RECOMMENDED MOTION: "I move to adopt Ordinance #4, Series of2005, granting a
:;::::::=:'0~ ~ '
Exhibits: ,I
Ordinance No.'1-, Series of2005
A. Application
5
ORDINANCE NO.4
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT
701 W. MAIN STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO
Parcel ID #:2735-124-46-004
WHEREAS, the applicants, Marshall and Susan Olsen, have requested a Historic
Landmark Lot Split for the property located at 701 W. Main Street, Lots H and I, less the
west 2.35 feet of Lot H, Block 19, City and Townsite of Aspen, Colorado; and
WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant
shall meet the following requirements of Aspen Municipal Code: Section
26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.), which are
as follows:
26.480.030(A)(2). Subdivision Exemptions. Lot Split
The split of a lot for the purpose of the development of one detached single-family
dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where
all of the following conditions are met:
a) The land is not located in a snbdivision approved by either the Pitkin
County Board of County Commissioners or the City Council, or the land
is described as a metes and bounds parcel which has not been subdivided
after the adoption of subdivision regulations by the City of Aspen on
March 24, 1969; and
b) No more than two (2) lots are created by the lot split, both lots conform to
the requirements of the underlying zone district. Any lot for which
development is proposed will mitigate for affordable housing pursuant to
Section 26.100.040(A)(I)(c).
c) The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this chapter or
a "lot split" exemption pursuant to Section 26.100.040(C)(I)(a); and
d) A subdivision plat which meets the terms of this chapter, and conforms to
the requirements of this title, is submitted and recorded in the office of
the Pitkin County clerk and recorder after approval, indicating that no
further subdivision may be granted for these lots nor will additional units
be built without receipt of applicable approvals pursuant to this chapter
and growth management allocation pursuant to Chapter 26.100.
e) Recordation. The subdivision exemption agreement and plat shall be
recorded in the office of the Pitkin County clerk and recorder. Failure on
the part of the applicant to record the plat within one hundred eighty
(180) days following approval by the City Council shall render the plat
invalid and reconsideration of the plat by the City Council will be
required for a showing of good cause.
f) In the case where an existing single-family dwelling occupies a site which
is eligible for a lot split, the dwelling need not be demolished prior to
application for a lot split.
g) Maximum potential buildout for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a
single-family home; and
26.480.030(A)(4), Subdivision Exemptions. Historic Landmark Lot Split
The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and
Structures for the development of one new single-family dwelling may receive a
subdivision exemption if it meets the following standards:
a. The original parcel shall be a minimum of six thousand (6,000)
square feet in size and be located in the R-6, R-15, R-15A, RMF, or 0 zone district.
b. The total FAR for both residences shall be established by the
size of the parcel and the zone district where the property is located. The total FAR
for each lot shall be noted on the Subdivision Exemption Plat.
In the Office zone district, the following shall apply to the calculation of maximum
floor area for lots created through the historic landmark lot split. Note that the
total FAR shall not be stated on the Subdivision Exemption Plat because the floor
area will be affected by the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use,
the maximum floor area will be as stated in the R-6 zone district.
If any portion of a building on a lot created by the historic landmark lot split is in
commercial/office use, then the allowed floor area for that lot shall be the floor area
allowed for all uses other than residential in the zone district. If the adjacent parcel
created by the lot split remains wholly in residential use, then the floor area on that
parcel shall be limited to the maximum allowed on a lot of its size for residential use
according to the R-6 standards.
If there is commercial/office use on both newly created lots, the maximum floor
area for all uses other than residential in the zone district will be applied.
c. The proposed development meets all dimensional requirements
of the underlying zone district. The variances provided in Section
26.415.120(B)(I)(a),(b), and (c) are only permitted on the parcels that will contains a
historic structure. The FAR bonus will be applied to the maximum FAR allowed on
the original parcel; and
26.470.070(C), GMQS Exemption, Historic Landmark Lot Split
The construction of each new single-family dwelling on a lot created through review and
approval of an Historic Landmark Lot Split shall be exempt from the scoring and
competition procedures. The exemption is to be approved by the Community
Development Director, but is not to be deducted from the respective annual development
allotments or from the development ceilings; and
WHEREAS, the Community Development Director reviewed and recommended
approval of the application, finding that the applicable review standards have been met;
and.
WHEREAS, during a duly noticed public hearing on December 8, 2004, the
Historic Preservation Commission recommended, by a five to zero (5-0) vote, that City
Council approve a Historic Landmark Lot Split at 701 W. Main Street; and,
WHEREAS, during a duly noticed public hearing on March 23, 2005, the
Historic Preservation Commission recommended, by a _ to _ vote, that City Council
approve an amended version of the Historic Landmark Lot Split at 70 I W. Main Street;
and,
WHEREAS, pursuant to Sections 26.415.110 of the Municipal Code, the City
Council may approve a Historic Landmark Lot Split Subdivision Exemption during a
duly noticed public hearing after taking and considering comments from the general
public and recommendations from the Historic Preservation Commission (hereinafter
HPC) and Community Development Director; and
WHEREAS, the City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, 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 THAT:
Section 1
Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section
26.415.llO(A) of the Municipal Code, and subject to those conditions of approval as
specified herein. the City Council finds as follows in regard to the subdivision exemption:
1. The applicant's submission is complete and sufficient to afford review and
evaluation for approval; and
2. The subdivision exemption is consistent with the purposes of subdivision as
outlined in Section 26.480 of the Municipal Code, which purposes include: assist
in the orderly and efficient development of the City; ensure the proper distribution
of development; encourage the well-planned subdivision of land by establishing
standards for the design of a subdivision; improve land records and survey
monuments by establishing standards for surveys and plats; coordinate the
construction of public facilities with the need for public facilities; safeguard the
interests of the public and the subdivider and provide consumer protection for the
purchaser; acquire and ensure the maintenance of public open spaces and parks,
provide procedures so that development encourages the preservation of important
and unique natural or scenic features, including but not limited to mature trees or
indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of
rivers arid other bodies of water, and, promote the health, safety and general
welfare of the residents of the City of Aspen.
Section 2
Pursuant to the findings set forth in Section I, above, the City Council does hereby grant
a Historic Landmark Lot Split Subdivision Exemption for 701 W. Main Street, Lots H
and I, less the west 2.35 feet of Lot H, Block 19, City and Townsite of Aspen, Colorado
City and Townsite of Aspen, Pitkin County, Colorado with the following conditions:
I. A subdivision exemption plat and subdivision exemption agreement shall be
reviewed and approved by the Community Development Department and
recorded in the office of the Pitkin County Clerk and Recorder within one hundred
eighty (180) days of final approval by City Council. Failure to record the plat and
subdivision exemption agreement within the specified time limit shall render the
plat invalid and reconsideration of the plat by City Council will be required for a
showing of good cause. As a minimwn, the subdivision plat shall:
a. Meet the requirements of Section 26.480 ofthe Aspen Municipal Code;
b. Contain a plat note stating that the lots contained therein shall be
prohibited from further subdivision and any development of the lots will
comply with the applicable provisions of the Land Use Code in effect at
the time of application;
c. Contain a plat note stating that all new development on the lots will
conform to the dimensional requirements of the Office zone district,
except the variances approved by the HPC.
d. Contain a plat note stating that the lot that does not contain the historic
structure must be developed as a single family residence.
e. Contain a plat note stating that the FAR on the two lots created by this lot
split shall be based on the use of the buildings. The maximum FAR for
each lot may be affected by applicable lot area reductions (i.e., slopes,
access easements, etc.). The applicant shall verify with the City Zoning
Officer the total allowable FAR on each lot, taking into account any and
all applicable lot area reductions. The property shall be subdivided into
two parcels, corner Lot A, which is 2,565 square feet in size, and interior
Lot B, which is 3,200 square feet in size.
2. Sidewalk, Curb and Gutter - The site is located on Main Street, where pedestrian
improvements are an important goal. The applicant must refer to the City
Engineering Department for required Sidewalk, Curb, and Gutter requirements
appropriate to this site.
Section 3:
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 construed 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 separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5:
A public hearing on the ordinance shall be held on the 28th day of March, 2005, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 10th day of January, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathl-yn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 28th day of March, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
PROJECT:
Name:
Location:
Parcel ID #
ApPLICANT:
Name:
Address:
Phone #:
Land Use Application
~
THE CITY OF ASPEN
Name:
REPRESENTATIVE:
Address:
Phone #:
Fax#:
E-mail:
TYPE OF ApPLICATION: lease check all that a Iy):
D
D
D
D
D
D
D
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Historic Designation
Certificate of No Negative Effect
Certificate of Appropriateness
-Minor Historic Development
-Major Historic Development
-Conceptual Historic Development
-Final Historic Development
-Substantial Amendment
Relocation (temporary, on or off-site)
Demolition (total demolition)
Historic Landmark Lot Split
EXISTING CONDITIONS: (descri tion of existin
ovals, etc.)
RETAIN FOR PERMANENT RECORD
Main Street
BASIS OF BEARING
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MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
RE:
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)
THRU:
FROM:
DATE:
March 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
f()Cuses 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.
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.
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RECOMMENDED MOTION:
"I move to approve Ordinance No.5, Series of2005."
A TT ACHMENTS:
A - Review Criteria
B - Council Work Session Summary
C ~ Excerpt from 2001 Infill Report
4
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~-O~
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 - UTILITYITRASHlRECYCLE 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 (ajoint 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 of land 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 environment 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.5, Series of2005
Page I of 16
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.5, 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 eXlstll1g built
environment is important to protecting the uniqueness of the town, To achieve
compatibility, certain standards require building elements to be intluenced 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 26.4 I 2.050, Review Criteria.
Ordinance No.5, Series of2005
Page 3 of 16
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 ofthis 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, 5, 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 City 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
26.4 I 2,090,
2, 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.
3. 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,
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:
I. The proposed development meets the requirements of Section 26,4 I 2,060,
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, 5, Series of2005
Page 5 of 16
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 fayade 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 fi'om 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 fayade and the public
right-of-way. "Moats" surrounding buildings are prohibited,
Ordinance No, 5, Series of2005
Page 6 of 16
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 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 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
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.
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 shall apply:
Ordinance No, 5, Series of2005
Page 7 of 16
I. Unarticulated, blank walls are prohibited. Fenestration, or an alternate means of
fa<;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/Commercial/Industria! 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 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
fa<;ade 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:
!, 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
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, Sil!.nal!.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 Lil!.htinl!.'
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.
Ordinance No.5, Series of2005
Page 9 of 16
D. Oriv:inal Townsite Articulation:
Buildings spanning more than one Original Townsite Lot should incorporate fayade
expressions coincidental with these original parcel boundaries to reinforce historic
scale. This may be inappropriate in some circumstances, such as on large corner 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 bYthe 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, 5, Series of2005
Page 10 of 16
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
efTective 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.
I, On-Site Provision of Pedestrian Amenity. 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, OfT-Site Provision of Pedestrian Amenity, 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.5, Series of2005
Page II ofl6
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 environment. 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
Where:
[Land Value] x [Pedestrian Amenity Percentage]
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 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,
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 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:
], Open 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. Open 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.5, Series of2005
Page 13 of 16
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 conjtmction with permitted commercial activity on an
abutting right-ot: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
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.5, Series of2005
Pagel5ofl6
Section 7:
A public hearing on the Ordinance was held on the 28tl' 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 of January, 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klandernd, 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: \horne\infi II\Corn _Des ign \Corn DesignPedArnen-Ord,doc
Ordinance No, 5, Series of2005
Page 16 of 16
Exhibit A
Code Amendments: Commercial Design Review
Pedestrian Amenity
Vtility/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 Design/Ped, Amenity, page I
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, qrainage, 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 environment. 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
~ibi+- t?
&a
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 creditfor 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 environment 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 off-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.
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 Housim! 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.
Landin!! 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 Housin!! Miti!!ation 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.
2
Parkinfl:
Parking questions were not addressed. Rather, Council wanted these questions to be
included in the August 3'd 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 flexibility 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
C I zone, Staff will 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% of the
R6 schedule? Council did not address this issue.
Neiflhborhood 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
Staffs approach to this zone is to clean-up some of the uses, clarify the amount of
retail/showroom space that can be provided, specity 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,
Staff 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
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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 ]'t floor head
height or a minimum amount of SCI 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,
4
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PEDESTRIAN AMENITY & CURRENT 25% UNDEVELOPED SPACE
Importance to Inti" 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
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
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, Zeh~ 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
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'\\c.
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
THRU:
John Worcester, City Attorney
Chris Bendon, Community Development Director CJ.NwJ
FROM:
RE:
Code Amendment - Mixed Use (MU) Zone District
Second Reading of Ordinance No.7, Series of2005. (Cont. from 2.28.05)
DATE:
March 28, 2005
SUMMARY:
This proposed ordinance updates what has been known as the Office (0) Zone
District by creating the Mixed-Use (MU) Zone District. This new title more closely
relates to the wide range of activities that are permitted and occur in the zone district.
The new MU Zone District encompasses all the land of the current Office District ~
the Main Street Historic District, a one-block strip west of the downtown between
Aspen and Monarch Streets, a one-block strip of land east of downtown between
Spring and Original Streets, and two parcels on North Mill Street.
The changes encourage mixed-use development and provide greater dimensions for
these types of buildings. A maximum height of 32 feet is proposed. The new text
permits lodging, offices, cultural uses, service uses, and multi-family development.
The zone continues to permit single-family and duplex uses although new single-
family and duplexes uses will have a reduced FAR schedule. (This is the same policy
used for the multi-family zones,)
The amendments provide for retail uses on Historic Landmark properties as an
incentive for preservation, The amendment provides a lower Floor Area cap for
properties within the Main Street Historic District. This has been done to recognize
the different character of Main Street verses the character of the blocks adjacent to the
Commercial Core,
The changes proposed reflect direction from City Council during work sessions on
commercial development.
Staff recommends adoption of Ordinance No.7, Series of 2005.
ORDINANCE NO.7
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.180 - MIXED-
USE (MU) ZONE DISTRICT 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 InfiU Advisory Group, pursuant to sections 26.20S and 26.212; and,
WHEREAS, the purpose of the InfiU 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 InfiU 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 caU for:
. intensification of land 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.
. development of affordable housing in locations supported by the "Interim Aspen
Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
. revisions to, or elimination of, identified barriers to successful infiU 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.
. elimination of development incentives for single-family and duplex development
within commercial, mixed-use, and lodging zone districts.
. 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,
Ordinance No.7,
Series of2005. Page I
WHEREAS, the amendments herein relate to the following Section of the Land
Use Code, Title 26 of the Aspen Municipal Code:
26.710,180 - Mixed-Use (MU) Zone District; which has been known as the
Office (0) Zone District; and,
WHEREAS, pursuant to Section 26,3 I 0, 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 ofthe
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:
Section 26,710.180, Mixed-Use (MU) Zone District, which section regulates
development within the Mixed-Use (formerly Office) Zone District, shall read as
follows:
Ordinance No.7,
Series of 2005, Page 2
26.710.180 Mixed-Use (MU).
A. Purpose. The purpose of the Mixed-Use (MU) Zone District is to provide for a
variety of lodging, multi-family, single-family, and mixed-use buildings with commercial
uses serving the daily or frequent needs of the surrounding neighborhood, provide a
transition between the commercial core and surrounding residential neighborhoods, and
to provide a variety of building sizes compatible with the character of the Main Street
Historic District.
B. Permitted uses. The following uses are permitted as of right in the Mixed-Use
(MU) zone district:
I, On Historic Landmark Properties: Retail and Restaurant Uses, Neighborhood
Commercial Uses, and Bed and breakfast.
2, Service Uses.
3. Office Uses,
4. Lodging, Timeshare Lodge, Exempt Timesharing.
5, Arts, Cultural and Civic Uses,
6. Public Uses,
7. Recreational Uses,
8. Academic Uses.
9, Child care center.
10. Affordable Multi-Family Housing,
I!. Free-Market Multi-Family Housing.
12. Single Family Residence.
13. Duplex Residence.
14, Two Detached Single-Family Residences.
] 5, Home occupations.
16, Accessory uses and structures,
17. Storage accessory to a permitted use.
C. Conditional uses. The following uses are permitted as conditional uses in the
Mixed-Use (MU) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Commercial Parking Facility, pursuant to Section 26,515.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Mixed-Use (MU) zone district:
1. Minimum lot size (.\'quare feet!: 3,000.
2, Minimum lot area /7er dwellinz unit (square feet!:
a, Detached residential dwellings: 4,500. 3,000 for Historic Landmark
properties,
Ordinance No,7,
Series of 2005, Page 3
b. Duplex dwellings: 4,500, 3,000 for Historic Landmark properties.
c, All other uses: No requirement.
3. Minimum lot width (feet!: 30,
4, Minimum front vard setback (feet!: 10, which may be reduced to 5,
pursuant to Special Review, Section 26.430,
5. Minimum side vard setback (feet!: 5.
6. Minimum rear vard sethack (feet!: 5.
7. Maximum heizht:
a, Commercial, Lodge, Timeshare Lodge, Exempt Timesharing, Multi-
Family, and Mixed-Use Buildings: 32 feet.
b. Detached residential and Duplex dwellings: 25 feet.
8. Minimum distance hetween buildinzs on the lot (feet!: 10.
10.
A.
Pedestrian Amenitv Svace: Pursuant to Section 26.575.030,
Floor Area Ratio (FAR):
9.
The following FAR schedule applies to uses cumulatively up to a total
maximum FAR of 2:1. For properties within the Main Street Historic
District, this maximum cumulative FAR shall be I: I, which may be
increased to 1.25:1 by Special Review, pursuant to Section 26.430.
1. Commercial; Lodge; Timeshare Lodge, Exempt Timesharing; Arts,
Cultural and Civic uses; Public Uses; Recreational Uses; Academic
Uses: ,75:1, which may be increased to 1:1 by Special Review,
pursuant to Section 26.430,
2, Affordable Multi-Family Housing: No limitation.
3. Free-Market Multi-Family Housing: .75:1, which may be increased to
I: I by Special Review, pursuant to Section 26.430.
B. The following FAR schedule applies to single-family and duplex uses
when developed as the only use of the parcel:
I. Detached residential and Duplex dwellings established prior to the
adoption of Ordinance 7, Series of 2005: 100% of the allowable floor
area of an equivalent-sized lot located in the R6 zone district. (See R6
Zone District.) Receipt of a Development Order shall constitute the
date the use was established, Replacement after Demolition shall not
effect a new establishment date for the purposes of this section. City of
Aspen Historic Transferable Development Rights shall not be
extinguished in this zone district and shall not permit additional floor
area,
2, Detached residential and Duplex dwellings established after the
adoption of Ordinance 7, Series of 2005: 80% of the allowable floor
area of an equivalent-sized lot located in the R6 zone district. (See R6
Ordinance No.7,
Series of2005. Page 4
Zone District.) City of Aspen Historic Transferable Development
Rights shall not be extinguished in this zone district and shall not
permit additional floor area,
Section 2:
The Community Development Director shall cause the Official Zone District Map of
the City of Aspen to be amended to reflect the name change for this zone district from
the Ofiice Zone District to the Mixed-Use Zone District. All references within the
Municipal Code to the Office Zone District shall be considered references to the
Mixed-Use Zone District.
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 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 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 shall be 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.
[Signatures on following page]
Ordinance No.7,
Series of 2005, Page 5
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24th day of January, 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. K1anderud, Mayor
Approved as to form:
City Attorney
C:\home\infill\Mixed-Use\MU Ordinance,doc
Ordinance No,7,
Series of2005, Page 6
Exhibit A
MU Zone Amendments
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 are to encourage the development of higher intensity
development in areas that can support such intensity with existing infrastructure. This
promotes a general planning goal of maximizing the efficiency of existing public
infrastructure and also providing development intensity in areas where automobile use
can be minimized, 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 MU zone are supported by the AACP. There are many
references to providing commercial and mixed-use redevelopment opportunities within
the townsite and within walking distance of daily needs, Main Street and the other areas
of this zone district are appropriate places for mixed-use development. These code
amendments are also expected to encourage mixed-income housing, promoting a healthy
social fabric and a balance between the resort and the community,
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 MU zone. The Office zone
boundaries are not being altered, only the title of the zone district and the types of uses
and intensities allowed on these parcels, These areas of town continue to be appropriate
locations for commercial and mixed-use development consistent with existing
development. Staff believes this criterion is met.
D. The effect of the proposed amendment on traffic generation and
road safety.
staff comments - MU Zone. page I
Staff Finding:
The proposed changes encourage redevelopment and capital investment in commercial
and mixed-use buildings within the MU zone, Encouraging reinvestment in the retail and
mixed-use districts within Aspen will likely create slightly more traffic on local streets.
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:
The amendments intentionally encourage greater use of existing infrastructure by
focusing development into areas that are already served as opposed to areas to which new
infrastructure must be extended. The amount of potential development is not expected to
unduly burden or overwhelm existing infrastructure. Also, impact mitigation
requirements for public systems ensure their continued capability.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding:
Increased reinvestment opportunities will allow for greater utilization of existing and
planned infrastructure improvements. This may have less of a negative effect on the
environment than development in areas where infrastructure does not already exist.
Generally, staff believes this Ordinance will not encourage adverse impacts on the natural
environment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
Staff Finding:
Characteristic of traditional towns, and important to Aspen as expressed in the
Community Plan, is a vibrant downtown commercial district with mixed-uses and retail
continuity. This is the historic character of the downtown and the changes should
encourage reinvestment in this development type. Staff believes the amendments are
consistent and compatible 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 comments - MU Zone. page 2
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 integrated affordable housing opportunities within
mixed-use areas.
Staff believes this Ordinance will promote the purpose and intent of this Title, This
Ordinance promotes reinvestment in commercial and mixed-use areas of town and
emphasizes on-site employee housing opportunities for working residents and reducing
the dependence on the automobile by providing housing near employment and recreation
centers. Healthy mixed-use districts are consistent with the public interest.
staff comments - MU Zone. page 3
~
ASPEN CITY COUNCIL WORK SESSION
MEETING NOTES
~ID,\' e,
~
MU ~~~
MEETING DATE:
August 31, 2004
AGENDA TOPIC:
Commercial Development - work session
PRESENTED BY:
Chris Bendon
COUNCIL MEMBERS PRESENT:
Helen, Terry, Tim, Rachel, & Torre
Summary
City Council discussed Lodging (a revisit of previous direction) the MU zone, NC zone, and the
SCI zone. This work session was a continuation of previous commercial work sessions.
Items Resolved AUf!ust 31s/:
Lodging Revisit
City Council redirected staff on the lodging incentive to pursue a "density" standard
rather that trying to differentiate traditional ownership verses fractional ownership.
This is a strategy to encourage lodging with small rooms and higher unit counts. A lodge
unit per lot area and possibly an average lodge unit size could be used. Staff believes this
addresses an interest of the City - specifically high occupancy lodging projects while
fitting better with standard zoning differentiation, namely density, As a secondary
outcome, this density standard may be less appealing to fractional projects as the trend
seems to indicate larger units in fractional projects.
Mixed-Use Zone (Main Street).
For the Mixed-Use district (Main Street), Council previously directed staff to structure
allowable heights to permit a 32-foot height for mixed-use, lodging, and multi-family
development and maintain the 25-foot limit for single-family and duplex development.
Staff also suggested a reduced ratio for new single-family and duplex development
similar to the reduction in the RMF zone - 80% of the R6 schedule. For replacement of
existing single-family and duplex structures, a 100% schedule would apply thereby not
creating non-conformities. Council agreed with the strategy.
!
L
There was some discussion on the reduction or waiver of affordable housing mitigation
for converting historic structures to commercial uses. This could be a strategy to
encourage the preservation and rehabilitation of older buildings in this zone, The
discussion was not concluded.
Neighborhood Commercial
This zone is comprised of two areas - the Clark's Market and KSNO buildings, and the
City Market/Durant Mall area, Both areas are zoned with a PUD Overlay which controls
their dimensions. Because of the two different contexts, the PUD process would be
useful in determining zoning dimensions,
I
Staff suggests a range of options, Council determined that no major updates to this zone
were necessary although the list of permitted uses should be cleaned-up.
Service Commercial Industrial
Council previously agreed to a 35-foot height limit (which is the current requirement)
with one 5-foot height increase to encourage greater first floor heights or a minimum
amount of SCI space. (Only one increase for either or these, but not two total increases.)
Some of the uses should also be cleaned-up and the amount ofretail/showroom space that
can be provided should be clarified. Council confirmed this basic strategy,
Previouslv Resolved Items:
Redevelopment projects should be permitted a creditfor 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 ofthe 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. Councilwoman Richards 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 off-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.
The Pedestrian Amenity requirement should be 25% of each lot; Council decided on keeping
this 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,
Redevelopment of lots with no Pedestrian Amenity (or less than required) space is currently
provided shall not be required to provide Pedestrian Amenity if the building is merely being
replaced with no expansion, If the redevelopment of a lot increases the building size, a
Pedestrian Amenity equal to 10% of the lot size will be required and could automatically be
satisfied with a cash-in-lieu payment.
2
Pedestrian Amenity and Commercial Design Standards should be ready for first reading by
September 13th
The outdoor merchandising in required open space issue will be forwarded to the Downtown
Catalyst and not addressed in infill amendments,
The TDR Program will not be expanded to the Commercial Zones.
A TDR program for Affordable Housing mitigation will not be pursued in in fill code
amendments. The idea will be forwarded to the Housing Authority and Board.
CC Zone Height: A height limit of 42 feet, measured at the full extent of the roof will apply to
the Commercial Core District. Staff will research some flexibility 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,
Cl and Lodge Zone Height: In the CI and Lodge districts, a 42-foot height for flat roofs and
38 feet for midpoint of pitched roofs will apply.
CC and CI changes are scheduled for public hearing on September 13th.
~[Mixed-use Zone Height: In the Mixed-Use district (Main Street), a 32-foot height limit will
apply to mixed-use, lodging, and multi-family development. The 25-foot limit will remain for
single-family and duplex development.
First Floor Commercial Core Office Restriction: Council directed staff to pursue a restriction
on ground floor offices in the Commercial Core. Council generally supported a "setback
provision" which would exempt spaces from this restriction ifthey were significantly set back
from the front of the parcel. Staff generally believes a 40-45 foot setback will accommodate
existing spaces that would not make great retailing spaces. Council agreed to not apply this no-
office restriction on split level buildings. Rachel, Torre, and Terry supported the office
restriction with Helen and Tim opposed,
This item is scheduled for public hearing on September 13th, along with other changes to the CC
and C I Zones.
Wagner Park View Plane: City Council reviewed additional graphics on the potential Wagner
Park view plane in relation to the suggested 42-foot height limit for lodging development.
Council decided not to pursue a regulated view plane from the edge of Wagner Park. Terry and
Torre supported a new regulation,
Commercial Core and Commercial] Districts: Council was generally supportive of a the staff
recommended FAR limit of3:1, comprised ofa 1.5:1 limit on commercial, a 1:1 limit on free-
market residential, and no limit on affordable housing. Sunny Vann expressed interest in
allowing the internal distribution of floor area to be varied and staff will look into this more and
provide a recommendation, Council was generally supportive of permitting single-family and
duplex development in the C I zone with a reduced FAR schedule - 80% R6 was discussed.
3
MEMORANDUM
Vi\ \e.
TO:
Mayor Klanderud and Aspen City Council
FROM:
John Worcester, City Attorney
Chris Bendon, Community Development Director ~
Parking Code Amendment - Public Hearing
Second Reading of Ordinance No. 17, Series of 2005
THRU:
RE:
DATE:
March 28, 2005
SUMMARY:
This proposed ordinance updates the Parking Chapter of the Land Use Code
consistent with direction from City Council during a recent work session, The
proposal focuses on the bigger picture of mobility by leveraging the City' parking
requirements, Aspen has a long tradition of promoting alternate transportation
methods. To require on-site parking is counter to this philosophy as it promotes
driving to downtown. Parking takes-up very valuable ground floor commercial space
and with the relatively small downtown lots, parking quickly becomes the main factor
of a development. Parking is a significant barrier to development and redevelopment
of these smaller lots.
The aesthetics of parking is also counter to traditional townsite development. Aspen
is fortunate to have little on-site surface parking downtown and enjoys a pedestrian
orientation, Providing payment-in-lieu options will enable the City to fund programs
that enhance mobility, This could be in-town transit, car-share programs, or other
ideas that the Transportation Department brings forward that require funding,
The most critical area for this parking discussion is the immediate downtown - the
CC and CI districts. P&Z, along with staff, feel that on-site parking should not be
encouraged in this area as this area should be as pedestrian-oriented as possible,
Staflis recommending the following parking strategy:
. Equalizing the commercial parking ratio to 1,5 spaces per 1,000 sq. ft. of net
leasable space.
. Allowing cash-in-lieu to be an easier option for developers. Currently, this
requires a P&Z review. Staff is recommending this be permitted outright for
commercial and mixed-use development.
. Maintaining the cash-in-lieu fee at the current $15,000 per space figure to
minimize the barrier of redevelopment.
. Allowing cash-in-lieu to be used by the City with greater flexibility.
Currently, the City can only spend these funds on building additional parking.
Programs like the car share program and in-town transit address mobility and
should be funded to a greater degree.
. Eliminating parking requirements for residential and lodging development in
the CC and C I Zones, The biggest barrier to residential development above
commercial space is parking, Staff has met with several developers and the
significance of this barrier cannot be overstated - it's a "deal-breaker."
Otherwise, the parking requirements preclude on-site affordable housing
options, counter to the basic mixed-use philosophy.
Council requested additional information on how other communities are approaching
parking. Attached is some initial research and staff will provide more upon second
reading. The Portland, OR, example implements parking maximums, This is an
aggressive approach to limiting parking, but Portland has been successful in reducing
single-occupant vehicle trips.
The proposed Ordinance also addresses Commercial Parking Facilities. The current
code is a little unclear as to what qualifies as a commercial facility, Staff has
reworked this and is prosing that two characteristics are necessary for a parking
facility to be considered a commercial facility: I) The parking is used on a short-term
basis. Staff is prosing this be anything less that one month. This will catch
operations that lease on an hourly or daily basis but not those that lease on a long-term
basis. 2) The facility is a stand-along commercial venture. This would exempt
parking that is accessory to a use, even if the parking were short-term, For example:
parking at one of the grocery stores would not be considered a commercial parking
facility just because it is short-term parking.
Staff believes this definition is better suited for regulating potential Commercial
Parking Facilities. This won't interfere with existing long-term parking leases in
town and will not interfere with short-term parking for guests, patrons, etc. of
businesses. This specifically focuses on the potential for short-term parking
operations that are independent commercial ventures,
Staff recommends adoption of Ordinance No. 17, Series of 2005.
RECOMMENDED M TION:
"I move to approve Ordinance No. 17, Series of2005."
ATTACHMENTS:
A - Review Criteria
B - Council Work Session Summary
C - Research on parking policies of other communities
2
ORDINANCE NO. 17
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.515 - OFF-
STREET PARKING AND SECTION 26.104.100 - DEFINITIONS 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 InfiIl 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.
. development of affordable housing in locations supported by the "Interim Aspen
Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP),
. 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.
· elimination of development incentives for single-family and duplex development
within commercial, mixed-use, and lodging zone districts,
. balance between the community and the resort aspects of Aspen.
. sustainability of the local social and economic conditions.
Ordinance No. 17, Series 2005
Page I
. The creation of a development environment in which private sector motivation is
leveraged to address community goals; and,
WHEREAS, the amendments herein relate to the following Section of the Land
Use Code, Title 26 ofthe Aspen Municipal Code:
26.5 I 5 - Off-Street Parking
26.104,100 - Definitions; 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 ofthe
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 26.515, Off-Street Parking, which Chapter describes requirements for the
provision of off-street parking associated with development, shall read as follows:
Ordinance No, 17, Series 2005
Page 2
Chapter 26.515
OFF-STREET PARKING
Sections:
26.515.010 General provisions.
26.515.020 Characteristics of off-street parking spaces
26.515.030 Required number of off-street parking spaces.
26.515.040 Special review standards.
26.515.050 Cash-in-Lieu for mobility enhancements
26.515.010 General provisions.
A. General requirements. All development shall be provided with off-street parking
as provided in this Chapter.
B. Requirements for expansion/redevelopment of existing development. No
development shall reduce the number of existing off-street parking spaces below the
minimum number of existing spaces required herein for that development, unless
expressly exempted by this Chapter. If existing development is expanded, additional off-
street parking spaces shall be provided for that increment of the expansion as if it is a
separate development. An existing deficit of parking may be maintained when a property
is redeveloped.
C. Off-street parking calculation. All requirements for of1:street parking for
residential dwellings and lodges shall be calculated based on the number of units,
Requirements for off-street parking for commercial uses shall be calculated based on the
net leasable area of the structure or use. Requirements for all other land uses not
considered residential, lodging, or commercial shall be established by Special Review,
D. Required number of spaces when fractional spaces computed. When any
calculation of off-street parking results in a required fractional space, said fractional
space may be paid through a cash-in-lieu payment or an entire space may be provided on
the site,
E. Commercial Parking Facilities. When a parking facility is proposed to function
as a Commercial Parking Facility, as such terms are used herein, review and approval
shall be according to Section 26.430 - Special Review - and the review standards of
Section 26.515.040 - Special Review Standards, Development of such a facility may
also require Conditional Use Review in some zone districts. Also see definition of
Commercial Parking Facility, Section 26.104.100.
Ordinance No. 17, Series 2005
Page 3
26.515.020 Characteristics of off-street parking spaces.
A. General. Each off-street parking space shall consist of an open area measuring
eight and one-half (8 1/2) feet wide by eighteen (18) feet long and seven (7) feet high
with a maximum slope of twelve (12) percent in anyone direction. Each parking space,
except those provided for detached residential dwellings and duplex dwellings, shall have
an unobstructed access to a street or alley. Off-street parking provided for multi-family
dwellings which do not share a common parking area may be exempted from the
unobstructed access requirement subject to special review pursuant to Chapter 26.430 and
the standards set forth at Section 26,515.040, below. Off-street parking must be paved
with all weather surfacing or be covered with gravel. For residential development, a
grass-ring or grass-paver type surface may be used. All parking shall be maintained in a
usable condition at all times,
B. Location of off-street parking. Off-street parking shall be located on the same
parcel as the principal use or an adjacent parcel under the same ownership as the lot
occupied by the principal use. For all uses, parking shall be accessed from an alley or
secondary road, where one exists unless otherwise established according to this Chapter.
C. Detached and duplex residential dwelling parking. Off-street parking provided
for detached residential dwellings and duplex dwellings are not required to have
unobstructed access to a street or alley, but shall not block access of emergency apparatus
to the property or to structures located on the property. This allows for "stacking" of
vehicles where one vehicle is parked directly behind another.
D. State Highway 82 off-street parking. All parking required for uses fronting State
Highway 82 shall, if an alley exists, be provided access off the alley and shall not enter or
exit from or onto State Highway 82,
E. Restrictions on use of off-street parking areas. No off-street parking area shall
be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials
or supplies, nor shall any such activity adjacent to off-street parking spaces obstruct
required access to off-street parking areas. Parking spaces shall be used for the parking
of vehicles and shall not be used for non-auto related uses such as storage units or trash
containers, Parking spaces may only be used as a Commercial Parking Facility if
approved for such use. See Section 26.515.01O(E) and the definition of Commercial
Parking Facility, Section 26.104.100, Commercial Parking Facilities shall require special
review approval and may also require conditional use approval in some zone districts.
F. Surface Parking. Surface parking is prohibited or requires conditional use
review as a principal use of a lot or parcel in some zone districts. For surface parking of
eight (8) or more spaces, parking areas shall include one (I) tree with a planter area of
twenty (20) square feet for each four (4) parking spaces. Planter areas may be combined,
but shall bc proximate to the parking spaces, The Planning and Zoning Commission may
waive or modify this requirement on a per case basis. Parking within structures is exempt
from this landscaping provision.
Ordinance No. 17, Series 2005
Page 4
G. Restrictions on drainage, grading and traffic impact. Off-street parking spaces
shall be graded to insure drainage does not create any flooding or water quality problems
and shall be provided with entrances and exits so as to minimize traffic congestion and
traffi c hazards,
H. Restrictions on lighting. Lighting facilities for off-street parking spaces, if
provided, shall be arranged and shielded so that lights neither unreasonably disturb
occupants of adjacent residential dwellings or interfere with driver vision, All outdoor
lighting shall comply with the Outdoor Lighting Regulations, Section 26.575, I 50.
26.515.030 Required number of off-street parking spaces.
Off-street parking spaces shall be provided for each use according to the schedule, below.
Whenever the off-street parking is subject to establishment by adoption of a Planned Unit
Development Final Development Plan, that review shall be pursuant to Section 26.445,
Planned Unit Development. Whenever the parking requirement shall be established
through a Special Review, the standards and procedures set forth at Section 26.515,040,
below, shall apply. Whenever the parking requirement may be provided via a payment in
lieu the standards and procedures set forth at Section 26.515,050, below, shall apply. An
existing deficit of parking may be maintained when a property is redeveloped.
Use.' Aspen Infill Area: All Other Areas:
Commercial: 1.5 spaces per 1,000 net leasable 3 spaces per 1,000 net
square feet of commercial space. leasable square feet of
100% may be provided through a commercial space.
payment-in-lieu.
Residential - Lesser of one space per bedroom or Lesser of one space per
Single-Family and two spaces per unit. Fewer spaces bedroom or two spaces per
Duplex: may be approved, pursuant to unit.
Section 26.430, Special Review and
according to the review criteria of
Section 26,515,040.
Residential - One space per unit. Fewer spaces One space per unit. Fewer
Accessory Dwelling Units may be approved, pursuant to spaces may be approved,
and Carriage Houses: Section 26.520, Accessory Dwelling pursuant to Section 26,520,
Units and Carriage Houses. Accessory Dwelling Units and
Carriage Houses.
Ordinance No, 17, Series 2005
Page 5
Use: Aspen lnfill Area.' All Other Areas:
Residential- One space per unit. Fewer spaces Lesser of one space per
Multi-Family (as a single may be approved, pursuant to bedroom or two spaces per
use): Section 26.430, Special Review and unit.
according to the review criteria of
Section 26.5 I 5.040.
Residential - One space per unit. 100% may be One space per unit. Fewer
Multi-Family within a provided through a payment-in-lieu. spaces may be approved,
mixed-use building: No requirement for residential units pursuant to Section 26.430,
in the CC and C I Zone Districts. Special Review and according
to the review criteria of
Section 26.5 I 5.040.
Hotel/Lodge: .5 spaces per unit. Fewer spaces may ,7 spaces per unit. Fewer
be approved, pursuant to Section spaces may be approved,
26.430, Special Review and pursuant to Section 26.430,
according to the review criteria of Special Review and according
Section 26.515.040. No requirement to the review criteria of
for lodging units in the CC and CI Section 26.515.040.
Zone Districts.
All Other Uses: (civic, Established by Special Review Established by Special
cultural, public uses, according to the review criteria of Review according to the
essential public facilities, Section 26.515,040, review criteria of Section
child care centers, etc.) 26.5 I 5.040.
For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures,
fewer spaces may be provided and/or a waiver of cash-in-lieu fees may be approved,
pursuant to Section 26.430, Special Review and according to the review criteria set forth
below,
For lodging projects with flexible unit configurations, also known as "lock-off units",
each separate "key", or rentable division, shall constitute a unit for the purposes of this
section.
For projects with parking requirements in multiple categories (residential, commercial,
lodging, or other), the provision of on-site parking may be approved to satisfy the
requirements for each use concurrently pursuant to Section 26.430, Special Review and
according to the review criteria set forth below. (For example: A project comprised of
commercial use requiring 5 parking spaces and lodging use requiring 5 parking spaces
may be approved to provide less than 10 total parking spaces,) This shall not apply to
parking which is provided through a payment-in-lieu.
Ordinance No, 17, Series 2005
Page 6
26.515.040 Special Review Standards.
Whenever the off-street parking requirements of a proposed development are subject to
Special Review, an application shall be processed as a Special Review in accordance with
the Common Development Review Procedure set forth in Section 26.304, and be
evaluated according to the following standards, Review is by the Planning and Zoning
Commission,
If the project requires review by the Historic Preservation Commission and the
Community Development Director has authorized consolidation pursuant to Section
26.304,060.B, the Historic Preservation Commission shall approve, approve with
conditions, or disapprove the Special Review application,
A. A Special Review for establishing, varying, or waiving off-street parking
requirements may be approved, approved with conditions, or denied based on
conformance with the following criteria:
I , The parking needs of the residents, customers, guests, and employees of the
project have been met, taking into account potential uses of the parcel, the
projected traffic generation of the project, any shared parking opportunities,
expected schedule of parking demands, the projected impacts onto the on-street
parking of the neighborhood, the proximity to mass transit routes and the
downtown area, and any special services, such as vans, provided for residents,
guests and employees.
2, An on-site parking solution meeting the requirement is practically difficult or
results in an undesirable development scenario,
3, Existing or planned on-site or off-site parking facilities adequately serve the needs
of the development, including the availability of street parking,
B. A Special Review to permit a Commercial Parking Facility may be approved,
approved with conditions, or denied based on conformance with the following criteria:
I. The location, design, and operating characteristics of the facility are consistent
with the Aspen Area Community Plan.
2. The project has obtained growth management approvals or is concurrently being
considered for growth management approvals,
3. The location, capacity, and operating characteristics, including afTects of
operating hours, lighting, ventilation noises, etc., of the facility are compatible
with the existing land uses in the surrounding area.
4, Access to the facility is from an acceptable location that minimizes staging
problems, conflicts with pedestrian flow, conflicts with service delivery, and
elimination of on-street parking.
5, The proposed style of operation is appropriate (manned booth, key cards, etc.).
6, The massing, scale, and exterior aesthetics of the building or parking lot IS
compatible with the immediate context in which it is proposed.
Ordinance No, 17, Series 2005
Page 7
7, Where appropriate, commercial uses are incorporated into the exterior of the
facility's ground floor to mimic conventional development in that zone district.
26.515.050 Cash-In-Lieu for Mobility Enhancements
A. General. The City of Aspen conducted a parking facility analysis in the Fall of
200 I and determined the costs associated with developing new parking facilities to serve
the demands of development. While not all potential facilities represented the same
potential expenditure, facilities considered likely to be developed by the City of Aspen
required an expected $25,000 to $40,000 per space to develop in 2001 dollars.
Parking serving commercial and mixed-use development is a public amenity and serves
the mobility of the general population. As such, the mobility needs of the general
population can be improved through various means other than the provision of on-site
parking spaces.
B. Cash-in-lieu, A cash-in-lieu payment, for those types of development authorized to
provide parking via cash-in-lieu, may be accepted by the Community Development
Director to satisfy the off-street parking requirement as long as the following standards
are met:
I, Amount. In developments, where the off-street parking requirement may
be provided via a payment in lieu, the applicant shall make a one-time only
payment to the city, in the amount of fifteen thousand dollars ($15,000.00) per
space. A pro-rated payment shall be made when a portion of a space is required,
2, Time of payment. The payment-in-lieu of parking shall be due and
payable at the time of issuance of a building permit. All funds shall be collected
by the Community Development Director and transferred to the Finance Director
for deposit in a separate interest bearing account.
3, Use of Funds, Monies in the account shall be used solely for the
construction of a parking facility, transportation improvements including vehicles
or station improvements, transportation demand management facilities or
programs, shared automobiles or programs, and similar transportation- or
mobility-related facilities or programs as determined appropriate by the City of
Aspen.
4. Refunds. Fees collected pursuant to this section may be retwned to the
then present owner of the 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 Council shall have earmarked the funds for
expenditure on a specific project, in which case the time period shall be extended
by up to three (3) more years, To obtain a refund, the present owner must submit a
Ordinance No. 17, Series 2005
Page 8
petition to the Finance Director within one year following the end of the seventh
(7th) year from the date payment was received by the City of Aspen.
For the purpose of this section, payments collected shall be deemed spent on the
basis of the first payment in shall be the first payment out. Any payment made for
a project for which a building permit is revoked or cancelled, prior to
construction, may be refunded if a petition for refund is submitted to the Finance
Director within three (3) months of the date of the revocation or 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, that the
development shall not commence without full compliance with this Chapter, and
by a copy of the dated receipt issued for payment of the fee.
5, Periodic Review of Rate. In order to insure that the payment-in-lieu rate is
fair and represents current cost levels, it shall be reviewed periodically. Any
nccessary amendments to this section shall be initiated pursuant to section
26,310.020, Procedure for Text Amendment.
Section 2:
Section 26.1 04.100 - Definitions, which Section defines terms used in the City of Aspen
Land Use Code, shall be amended to include the following term and definition:
Commercial Parking Facility: The use of a parcel or structure for the short-
term parking of automobiles as an independent commercial venture. Lease
periods of less than one month shall constitute short-term parking and shall be
considered Commercial Parking Facilities, Leasing of off-street parking spaces to
tenants, guests, patrons, or the general public for periods of one month or more
shall not constitute a Commercial Parking Facility. When the use of off-street
parking spaces by tenants, guests, patrons, or the general public, is accessory to an
on-site business or operation and is not an independent commercial venture, the
parking shall not be considered a Commercial Parking Facility. Commercial
Parking Facilities may require conditional use approval or special review approval
in some zone districts. Public parking facilities owned by a public agency shall
be considered "public uses."
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 separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Ordinance No. 17, Series 2005
Page 9
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 28th day of March, 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 shall be published in a
newspaper of general circulation within the City of Aspen.
Section 7:
This ordinance shall become eflective 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 14th day of March, 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
Bendon-C: \home\infill\Parking\Parking -Ordinance.doc
Ordinance No. 17, Series 2005
Page 10
Exhibit A
Parking Amendments
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 Parking code amendments are to encourage the development of higher
intensity development in areas that can support such intensity with existing infrastructure.
Areas within the Infill Area (Aspen mountain to the rivers) can support higher levels of
development intensity and lower level of on-site parking. This is largely due to the
presence of street parking, which can accommodate overflow needs, and the pedestrian
orientation of this older portion of the City. This promotes a general planning goal of
maximizing the efficiency of existing public infrastructure and also providing
development intensity in areas where automobile use can be minimized, 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 parking regulations are supported by the AACP,
There are many references to restricting the amount of additional parking in town and
minimizing the affects of more automobiles coming into town. High parking ratios
require infrastructure serving the automobile and this enables more cars to come into
town - counter to the specific goal of limiting trips across the Castle Creek bridge. The
cash-in-lieu provision will allow the City to address the broader issue of mobility through
transit infrastructure and other programs aimed at reducing reliance on single-occupant
vehicle trips,
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 a specific location no zone boundaries are being changes
through this ordinance, Staff believes this criterion in met.
D. The effect of the proposed amendment on traffic generation and
road safety.
staff comments - Parking Amendments. page I
Staff Finding:
The proposed changes should reduce traffic generation (of single-occupant vehicles) from
new projects. Some additional trips will be handled through shuttles, bicycles, walking,
public transit, and car-sharing. 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:
The amendments intentionally encourage greater use of existing infrastructure and
providing an ability to pay for new infrastructure needs through the payment-in-lieu
program.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding:
A lower parking ratio should help to reduce the potential impacts on the natural
environment by encouraging a greater number of trips to be handled through transit, car
sharing, walking, etc. Increased reinvestment opportunities will allow for greater
utilization of existing and planned infrastructure improvements, This may have less of a
negative effect on the enviromnent than development in areas where infrastructure does
not already exist. Staff believes this Ordinance will not encourage adverse impacts on the
natural environment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen,
Staff Finding:
Characteristic of traditional towns, and important to Aspen as expressed in the
Community Plan, is a vibrant downtown commercial district that emphasizes the
pedestrian. This is the historic character of the downtown and the changes should
encourage reinvestment in this development type. Staff believes the amendments are
consistent and compatible 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 comments - Parking Amendments. page 2
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 pedestrian orientation and less reliance on the
automobile. Staff believes this Ordinance will promote the purpose and intent of this
Title. This Ordinance promotes a lesser reliance on single-occupant vehicle trips and
greater use of transit, car-sharing, and other non-SOY trips.
staff comments - Parking Amendments. page 3
ASPEN CITY COUNCIL WORK SESSION
MEETING NOTES
MEETING DATE:
February 22, 2005
AGENDA TOPIC:
GMQS & Parking - work session
PRESENTED BY:
Chris Bendon
COUNCIL MEMBERS PRESENT:
Helen, Terry, Tim, & Torre
Summary:
This work session focused on amendments to the City's Growth Management and Parking
regulations. Council reviewed each of the issues and directed staff to proceed into public
hearings,
GMQS Items Discussed:
Residential Development:
Question: Is City Council comfortable with continuing staff exemptions for single-
family and duplex development? This is the ADU or cash-in-lieu policy that has been in
effect for roughly 15 years. Staff does not see any reason to change this policy, Council
directed staff to maintain this policy in the revisions.
Question: Staff recommends continuing the exemption for Historic Landmark
properties, Does City Council want to change this policy? Council directed staff to
maintain this policy in the revisions.
Question: Council earlier stated a preference for a I % growth rate for residential
development. All other forms of development would continue to be restricted to a 2%
growth rate. Staff supports this lowered rate for residential development. Is City Council
still directing staff in the manner? Council directed staff to maintain this policy in the
reVISions,
Question: Staff is recommending the affordable housing requirement be 60% units and
30% FAR for all new residential development. Is Council still directing staff in this
manner? Council directed staff to maintain this policy in the revisions, Rachel raised
the possibility of lowering the Category designation to Category 3, This was not
endorsed by other Council members. This item can be further discussed during hearings.
I
Question: Should ADUs which are fully deed restricted and sold according to the
Housing Office policy be counted toward the 60/30 requirement? Staff supports this
policy only for fully deed restricted ADUs. This would be applicable to any new single-
family subdivision, Council directed staff to implement this policy in the revisions,
Lodflimt Development:
Question: Is Council interested in this lodging development incentive concept?
Staff believes the dwindling bed base is a significant community issue and that
rejuvenating the resort's offerings is an important goal. The incentive program would be
based on developments having atleast one lodge unit per 500 square feet oflot are and an
average unit size of 500 square feet. The incentive would be that additional lodge rooms
would only require 50% of the affordable housing mitigation. Council directed staffto
proceed with this incentive program after further meeting with the Gems of Aspen and
other lodge operators.
Question: If 20% of an Incentive Lodge project can be free-market residential
what should the mitigation for these residential units be? Additional mitigation will
reduce the value of the incentive. Council directed staff to include a mitigation level
similar to exempt residential development - an ADU or cash-in-lieu.
Question: Is Council interested in these (or other) lodging development options?
Staff believes the complete exemption for projects with no free-market development
should be offered. The option of offering a larger incentive through a review process
could allow the City to incentivize lodging on a project-by-project basis. This item will
be explored by staff and brought forward with the code amendments.
Commercial Development:
Question: Does City Council want to redirect staff on these general points? Staff is
recommending the same 60% affordable housing mitigation standard be applied in the
revisions, that redevelopment projects with no increase in impacts not be required to
provide mitigation, and that the reviews for commercial and mixed-use developments
occur with the P&Z, Council directed staff to maintain these policies in the revisions,
Question: Is Council interested in this Alley Store Concept? An affordable housing
mitigation waiver is likely the only way to encourage this concept. Council directed staff
to include this provision in the revisions and raising the maximum size to 600 square feet.
Question: Is Council comfortable with the proposed On-Site Affordable Housing
Incentive? Staff believes the mix of uses and income groups will encourage very
2
interesting projects. Council directed staff to include this provision in the revisions.
Torre wanted to meet with staff and go through a few pro formas before fully endorsing
this concept.
Question: Is Council comfortable with this Free-Market / Affordable Housing
ratio for mixed-use buildings? Council previously directed staff to provide additional
analysis of this FAR mix. This additional analysis suggests an affordable housing
requirement equal to 30% of the free-market FAR. This would mimic the multi-family
requirement and is similar to existing requirements. Staff is not recommending the 60%
units requirement of the residential program but rather allowing the free-market space to
be divided into as many units as the developer feels appropriate, Council directed staff to
proceed with this policy.
Historic Incentives.
Question: Is Council interested in a lower mitigation rate as a historic landmark
incentive? To what extent? Should a cap on the total waiver be used? Council
directed staff to further explore a lesser mitigation standard for historic properties. The 4-
employee cap was seen as a way to provide an incentive without exempting a significant
impact. Tim wanted to have an opinion from the HPC,
Previouslv Resolved GMQS 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.
Off-site affordable housing mitigation should be approved by P&Z while off-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.
The Historic TDR Program will not be expanded to the Commercial Zones.
A TDR program for Affordable Housing mitigation will not be pursued in infill code
amendments. The idea will be forwarded to the Housing Authority and Board.
3
Parkin!!:
Staff recommended the following parking strategy:
· Equalizing the commercial parking ratio to J ,5 spaces per 1,000 sq, ft. of net leasable
space,
· Allowing cash-in-Iieu to be an easier option for developers. Currently, this requires a
P&Z review. Staff is recommending this be permitted outright for commercial
development.
· Maintaining the cash-in-lieu fee at the current $15,000 per space figure to minimize the
barrier of redevelopment. Doubling the fee will undo the benefit of reducing the parking
requirements,
· Allowing cash-in-lieu to be used by the City with greater flexibility, Programs like the
Car Share program address mobility and should be funded through these parking waivers,
· Eliminating Commercial Core parking requirements for residential development at a
minimum, The CI zone would also benefit with this change, The biggest barrier to
residential development above commercial space is parking, Staff has met with severa]
developers and the significance of this barrier cannot be overstated - it's a "deal-breaker." .
Unfortunately the parking requirements preclude on-site affordable housing options,
counter to the basic mixed-use philosophy.
Question: Is this an acceptable parking strategy? Can this item move forward?
Council directed staff to move forward on parking consistent with this strategy, Council
directed staff to provide research on various other communities that have recently
lowered parking ratios and/or implemented parking maximums.
4
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Implementing the regional transportation plan
What is the Regional
Transportation Plan?
Metro's 2000 Regional Trans-
portation Plan is a blueprint to
guide new transportation
investments in the Portland
metropolitan region during
the next 20 years. The plan
begins to implement Metro's
2040 Growth Concept to
protect the livability of this
region in the face of an
expected 50 percent increase
in population and a 70 percent
increase injobs by 2020. The
goal of the plan is to expand
choices for travel in the
region. To this end, the plan
sets policies for traveling by
cars, buses, light rail. walking,
bicycling and movement of
freight by air, rail, truck and
water.
METRO
Regional Services
Creating livable
commu"itres
Metro, the regional government
that serves the 1.3 million people
who live in Clackamas, Multnomah
and Washington counties and the
24 cities in the Portland metropoli-
tan area, provides planning and
services that protect t.he nature of
our region.
Printed on recycled wntent paper
2000-10583.TRWOO464kf1ct
Providing options to driving alone
The region's transportation
demand management program
(TDM) is Ihe element of the Regional
Transportation Plan that works to
provide alternatives to driving alone.
The policies direct planning in the
regional TDM program and support
funding for regional bicycle, pedes-
trian and public transit systems. The
policies respond to the federal Clean
Air Act requirements of 1990, the
state Transportation Planning Rule
and the state Employee Commute
Options Rule. Core elements of the
regional program are administered
by Tri-Met with oversight by Metro
through the TDM subcommittee of
the Transportation Policy Alterna-
tives Committee. Elements of the
program are administered by the
Department of Environmental
Qualily, the Oregon Office of Energy
and Wilsonville's transit system (South
Metro Area Rapid Transit).
Regional transportation
demand management
policies
Policy: Enhance mobility and support
the use of alternative transportation
modes by improving regional
accessibility to public transportation,
carpooling, telecommuting, cycling
and walking options.
Promote programs that reduce the
number of people driving alone and
dependence on the automobile.
cuntinues
Bicycling and taking MAX are among the alternatives to driving alone.
__~~_h.___~_._
Metro adopted parking ratios at the Clackamas Promenade,
designed to maximize the use of parking lots and reduce urban
sprawl by reducing land devoted to parking.
Promote transit-supportive design and infrastructure
in 2040 Growth Concept land-use components.
Establish a non-single-occupancy vehicle modal
target for each 2040 design Iype (see tabie).
Establish and support transportation management
associations for employee commute options.
Promote private and public sector programs and
services that encourage employees to use non-SOY
modes or change commuting patterns, such as
telecommuting, flexible work hours and/or
compressed work weeks.
Investigate the use of high-occupancy-vehicle
(carpool) lanes to improve system reliability and
reduce roadway congestion.
Promote facilities that support alternative
transportation, such as showers and lockers at
employment centers for employees who bicycle to
work.
Investigate the use of market -based strategies that
reflect the full costs of transportation to encourage
more efficient. use of resources.
Regional program
The regional program includes strategies that promote
shared rides (car and vanpooling) and the use of
transit, walking, biking, work schedule changes and
telecommuting, especially during t.he most congested
times of the day. Providing options to driving alone
allows people to eliminate trips or switch to another
method of travel that can improve the efficiency of our
transportation system and result in better air qualit.y.
This can delay the expansion of the regional motor
vehicle system.
Alternative mode share targets established in the table
that follows are goals for cities and counties to work
toward as they implement t.he 2040 Growth Concept at
the local level. Improvements in non-singlc-occupancy
2040 regional
modal targets
non~5ingle-occupancy - vehicle
2040 design
type
modal target
non-single-occupancy
vehicle
Central city
60 to 70 percent
Regional centers
Town centers
Main streets
Station communities
Corridors
45 to 55 percent
Industrial areas
Intermadal facilities
Employment areas
Inner neighborhoods
Outer neighborhoods
40 to 45 percent
vehicle mode share will be used to show compliance
with per capita travel reductions required by t.he stat.e
Transportation Planning Rule. The most urbanized areas
of the region will achieve higher participation than less
developed areas closer to the urban growth boundary.
Parking management
As non-auto modes of travel are used more, the
demand for parking decreases. Reducing the demand for
parking will allow t.he region to use our land supply
more efficiently, reduce paved surfaces and provide
opportunities to redevelop existing parking into other
more important uses.
Parking management policies are intended to assist local
jurisdictions with implementation of the state Depart-
ment of Environmental Quality's voluntary parking ratio
program contained in the region's ozone maintenance
plan,
t
Regional parking management
policies
Policy: Manage and optimize the efficient use of public
and commercial parking in the central city, regional
centers, town centers, main streets and employment
centers to support the 2040 Growth Concept and related
RTP policies and objectives.
. Establish minimum and maximum parking ratios to
help the region manage the number of off-street
parking spaces in the region.
. Support local adoption of parking management
plans.
. Promote the use and development of shared parking
spaces for commercial and retail land uses.
. Implement appropriate parking ratios and
investigate other measures throughout the region
that reduce the demand for parking or lead to more
efficient parking design options.
. Encourage preferential parking stalls for carpool,
vanpool, motorcycle, bicycle and motorized bicycle
parking at major retail centers, institutions and
employment centers.
. Conduct further study of market-based strategies,
such as parking pricing and employer-based parking-
cash outs and restructuring parking rates.
TOM program enhancements
The TDM program will be continually updated to
include new strategies for regional demand management.
One strategy to be considered is the" location efficient
mortgage" , which increases the borrowing power
of potential homebuyers in "location efficient"
neighborhoods. These are neighborhoods that are
pedestrian-friendly areas with easy access to public
transit, shopping, employment and schools.
This mortgage recognizes that families can save money
because the need to travel by car is reduced. Instead of
owning two cars, a family could get by with one car, or
none. Bankers are required to look at the average
monthly amount of money that applicants would be
spending on transportation and apply it to the servicing
of a larger mortgage. This increases the purchasing
power of borrowers when buying a home in location
efficient neighborhoods, stimulating home purchases in
existing urban areas.
Peak period pricing considered
Peak period pricing will be considered when new
highway capacity is added in the region. Peak period
pricing involves market pricing (through variable tolls)
on congested roadways at times of highest use. Peak
period pricing has been successful in other parts of the
US and internationally by providing an incentive for
The 2000 Regional
Transportation Plan places
new emphasis on street
parking where possisble
(as shown here in Portland's
Pearl District) to reduce the
need for new parking lots.
Tri-Met allows bicycles on transit to encourage less driving.
drivers to select other modes, routes, destinations or
times of day to travel. Drivers who choose to pay the
toll can benefit from significant time savings. Peak
period pricing is the only demand management tool
specific to a location and time of day, making it
uniquely effective in reducing congestion and improv-
ing mobility while limiting vehicle miles traveled and
the need for new roads. In addition, it may generate
revenues to help with needed transportation improve-
ments.
The Traffic Relief Options Study, completed in 1999
by Metro and GDGT, examined the potential of
various types of roadway pricing to meet the regional
transportation, environmental and land-use goals. The
study, undertaken with the guidance from a citizen
task force, found that pricing existing lanes would
generate the most revenue. It could also result in the
most significant reduction in vehicle miles of travel
and air pollution.
However, the task force did not recommend pricing
existing roadways. Instead, it was recommended that
pricing be considered when new highway capacity is
built.
Peak period pricing policy
Policy: Manage and optimize the use of highways in
the region to reduce congestion, improve mobility and
maintain accessibility within limited financial re-
sources.
Apply peak period pricing appropriately to
manage congestion. In addition, peak period pricing
may generate revenues to help with needed
transportation improvements.
Consider peak period pricing as a feasible option
when major, new highway capacity is being added.
Do not price existing roadways at this time.
Circumstances where peak period pricing may be
appropriate are:
- When one or more lanes are being added to a
currently congested highway, a stretch of
several miles should be considered.
- Where a major new highway facility is being
constructed where none exists how to provide
congestion relief in the corridor, peak period
pricing of all lanes should be considered.
- Where a major facility (bridge or highway) is
undergoing reconstruction and significant
capacity is being added, pricing of one or all
lanes should be considered.
Objectives for future consideration of peak period
pricing:
- Identify at least one specific project for which
peak period pricing is appropriate to serve as
a pilot project within two years.
- Pursue federal Value Pricing Pilot Program
funds for development of detailed
implementation plans and/or administration
of pilot projects.
For more information
Call the transportation hotline, (503) 797-
1900 option 2. You can leave a message
requesting a copy of the Regional Transpor-
tation Plan or other fact sheets about the
plan. Ask for a list of all RTP fact sheets. If
you are hearing impaired, call TDD (503)
797-1804.
Visit our web site at www.metro.region.org
Send e.mail to trans@metro.dst.or.us
TRANSIT
.for LiviMlle C€MIII.;g~.
Contact Us:
626 Selby Ave, Suite A
Saint Paul, MN 55104
(651) 767-0298
Fax: (651) 221-9831
The Myth of Free Parking
.
.
· EXECUTIVE SUMMARY
.
In the Twin Cities region, drivers rarely think about parking; parking spaces
are abundant at all but a few locations and most appear to be free. Public
officials typically focus on ensuring "enough" parking to satisfy demand and
ignore the problems of oversupply and subsidization. Even most employers fail to
question the long-standing practice of providing employees and customers with
"free" parking.
The full costs of
parking
While vehicle parking
provides benefits,
those benefits come
at a cost - a cost that
is often higher than
people realize. The
cost to construct a
single parking stall in
a typical above ground
ramp is $15,000, and
the maintenance costs
are hundreds of in the lwin Cifles region, govemment lnvesls more
dollars per year. In money each year In off.slreel parking end dflveways
the Twin Cities lhan In publiC transit
metropolitan region,
more money is invested annually in parking and driveways by government,
individuals, and businesses than is invested in streets and roads. Furthermore,
government's investment in public transit in the Twin Cities metropolitan region
is less than government's investment in parking.
Parking also has hidden costs and unexpected consequences, especially when it is
oversupplied or provided at no cost to the user. Parking plays a key role in low
density development patterns and high dependence on the automobile in the
Twin Cities region. "Free" and abundant parking contributes to growing f
congestion by providing an incentive for driving alone and a disincentive to use
other forms of transportation. Too much parking can detract from a "community
feel" and pedestrian environment in neighborhoods and business districts. Parking
also affects housing affordability by increasing construction costs. In addition,
too much parking negatively impacts water quality and urban temperatures.
A proactive approach
Recognizing these problems, some public agencies, municipalities and employers
are taking a new approach to parking policy. Some employers are charging
employees for parking and are providing incentives for other modes of travel.
Public sector leadership is coming from Oregon where the state legislature t
requires metropolitan areas to reduce parking spaces per capita and the regional
government for the Portland metropolitan area placed region-wide limits on the
amount of parking municipalities require.
Other cities are using strategies to reduce the need for parking and better
balance supply and demand. Iowa City, Iowa and St. Paul, Minnesota have
established special "traditional neighborhood" zoning districts with reduced ~
parking requirements that encourage walkable, transit-oriented development.
The City of Seattle provides technical assistance to neighborhoods on parking
management. Many cities, including Minneapolis, require employers to
implement plans to reduce drive-alone trips by employees. The City of San
Francisco uses a parking tax to fund a significant portion of the budget for MUNI,
the city's public transit agency.
"Parking is important where
the place isn't important, In a
place like Faneuil Hall in
Boston it's amazing how far
people are willing to walk. In
a dull place. you want a
parking space right in front of
where you're going."
. Fred Kent, president of Partners fot
Public Spaces In N()w Yerk Ciry.
SOURCe: FrsCl KerJ tf) LL>:D W;xm~c,' '[kv,t r"Dn
Think OfPOf.idntJ !1\Ht;,.. !:>f(;!lninp. .1:;,\'(> !9'j7 ;J
The LaJnj HotfiOt 8oodshoo in ;'.1i(lOGOOolis attracts
lC1ige crowds fer wmrnof COf}COfts dG5pJto having
ffliarively ;Jrtle OfjuNe rX:1l1ang
Recommendations for reforming parking policies and
practices
In the Twin Cities region, employers, government agencies, and local units of
government all have a role to play in reforming parking policies and practices.
This report recommends a number of different strategies; the primary ones are
described here.
Employers and business
"Free" parking is a significant factor in commute decisions because it results in a
subsidy for driving. Employers should charge employees and customers for
parking, or at a minimum, provide equal incentives for use of transit, carpooling,
biking, walking and other modes of transit.
Local government
Municipalities should evaluate local parking requirements to ensure they are
accurate and consistent with goals for housing, transit ridership, density,
pedestrian access, and environmental protection. Parking charges at municipal
parking facilities and meters should reflect the full cost of providing the parking.
In addition, municipalities can work with neighborhoods and businesses to ensure
that the existing supply of parking is managed effectively. Tools such as setting a
parking cap, taxing parking usage, or charging fees in lieu of parking should be
considered.
Metropolitan Council
Regional strategies are crucial to adequately address the negative consequences
of parking that is oversupplied or subsidized. The Metropolitan Council should
address parking policy more fully in its regional planning and transportation
documents. It should consider establishing region-wide minimum and maximum
parking ratios and set a goal for reducing parking spaces per capita. Modeling for
major transportation projects should examine the effect of employers charging
for parking or increasing parking charges as a method to reducing drive.alone
commuting and traffic congestion
The Minnesota Department of Transportation (MnDOT)
Planning documents should recognize the important role that "free" and abundant
parking plays in rising levels of traffic congestion and low rates of transit use and
carpooling. MnDOT should also provide technical assistance to local units of
government on parking surveys, parking management and other best practices.
State of Minnesota Legislature
The legislature should adopt legislation that establishes a goal for reducing
parking spaces per capita. It should affect direct state and regional agencies to
adopt policies to reduce the need for parking and better manage supply and
demand. The legislature should increase funding for public transit and evaluate
transit fares in light of the availability of "free" and subsidized parking. Finally,
the legislature should require all state employees to pay the full cost of parking
or provide an equivalent benefit for carpooling, transit use, walking, biking and
other modes.
Chapter 33.266
Parking And Loading
C. Calculations of amounts of required and allowed parking.
1. When computing parking spaces based on floor
are not counted.
2, The number of parking spaces is computed bas
site except as stated in Paragraph C,3" below,
separate primary uses on a site, the required or
the sum of the required or allowed parking for t
For joint use parking, see Paragraph 33,266,11
3. When more than 20 percent of the floor area on
the required or allowed parking is calculated se
An example would be a 40,000 square foot buil
warehouse and a 10,000 square foot accessory
allowed parking would be computed separately
uses.
4. If the maximum number of spaces allowed is Ie
minimum number required, then the maximun
increased to one more than the minimum.
Title 33, Planning and Zoning
7/16/04
~h;~l+- c:..
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f~,~~,
5. If the maximum number of spaces allowed is less than one, then the
maximum number is automatically increased to one.
D. Use of required parking spaces. Required parking spaces must be available for
the use of residents, customers, or employees of the use. Fees may be charged for
the use of required parking spaces, Required parking spaces may not be assigned
in any way to a use on another site, except for joint parking situations. See
33.266,110,8. Also, required parking spaces may not be used for the parking of
equipment or storage of goods or inoperable vehicles.
E. Proximity of parking to use. Required parking spaces for residential uses must
be located on the site of the use or within a tract owned in common by all the
owners of the properties that will use the tract, Required parking spaces for
nonresidential uses must be located on the site of the use or in parking areas
whose closest point is within 300 feet of the site,
F. Stacked parking. Stacked or valet parking is allowed if an attendant is present to
move vehicles. If stacked parking is used for required parking spaces, some form
of guarantee must be filed with the City ensuring that an attendant will always be
present when the lot is in operation. The requirements for minimum or maximum
spaces and all parking area development standards continue to apply for stacked
parking. See also 33,266,140,
G. Office of Transportation review. The Office of Transportation reviews the layout
of parking areas for compliance with the curb cut and access restrictions of Section
17,28,110, Driveways - Permits and Conditions.
f
33.266.110 Minimum Required Parking Spaces
A. Purpose. The purpose of required parking spaces is to provide enough on-site
parking to accommodate the majority of traffic generated by the range of uses
which might locate at the site over time, Sites that are located in close proximity to
transit, have good street connectivity, and good pedestrian facilities may need little
or no off-street parking, Transit-supportive plazas and bicycle parking may be
266-2
Title 33, Planning and Zoning
7/16/04
Chapter 33.266
Parking And Loading
substituted for some required parking on a site to encourage transit use and
bicycling by employees and visitors to the site, The required parking numbers
correspond to broad use categories, not specific uses, in response to this long term
emphasis. Provision of carpool parking, and locating it close to the building
entrance, will encourage carpool use.
B. Minimum number of parking spaces required.
~
~4
*5,
1, The minimum number of parking spaces for all zones is stated in Table 266-1,
Table 266-2 states the required number of spaces for use categories, The
standards of Tables 266-1 and 266-2 apply unless specifically superseded by
other portions of the City Code.
2, Joint use parking. Joint use of required parking spaces may occur where two
or more uses on the same or separate sites are able to share the same parking
spaces because their parking demands occur at different times. Joint use of
required nonresidential parking spaces is allowed if the following
documentation is submitted in writing to BDS as part of a building or zoning
permit application or land use review:
a. The names and addresses of the uses and of the owners or tenants that
are sharing the parking;
b, The location and number of parking spaces that are being shared;
c, An analysis showing that the peak parking times of the uses occur at
different times and that the parking area will be large enough for the
anticipated demands of both uses; and
d. A legal instrument such as an easement or deed restriction that
guarantees access to the parking for both uses.
3,
Exceptions for sites well served by transit. There is no minimum parking
requirement for sites located less than 500 feet from a transit street with 20-
minute peak hour service. Applicants requesting this exception must provide
a map identifying the site and TriMet schedules for all transit routes within
500 feet of the site,
Bicycle parking may substitute for up to 25 percent of required parking. For
every five nonrequired bicycle parking spaces that meet the short or long-term
bicycle parking standards, the motor vehicle parking requirement is reduced
by one space, Existing parking may be converted to take advantage of this
provision.
Substitution of transit-supportive plazas for required parking. Sites where at
least 20 parking spaces are required, and where at least one street lot line
abuts a transit street may substitute transit-supportive plazas for required
parking, as follows. Existing parking areas may be converted to take
advantage of these provisions. Adjustments to the regulations of this
paragraph are prohibited,
a. Transit-supportive plazas may be substituted for up to 10 percent of the
required parking spaces on the site;
b, The plaza must be adjacent to and visible from the transit street, If there
is a bus stop along the site's frontage, the plaza must be adjacent to the
bus stop;
266-3
,.--~-~~-'^
Chapter 33.266
Parking And Loading
Title 33, Planning and Zoning
7/16/04
c. The plaza must be at least 300 square feet in area and be shaped so that
a lO'xlO' square will fit entirely in the plaza; and
d. The plaza must include all of the following elements:
(1) A plaza open to the public, The owner must record a public access
easement that allows public access to the plaza;
(2) A bench or other sitting area with at least 5 linear feet of seating;
(3) A shelter or other weather protection, The shelter must cover at least
20 square feet. If the plaza is adjacent to the bus stop, TriMet must
approve the shelter; and
(4) Landscaping, At least 10 percent, but not more than 25 percent of
the transit-supportive plaza must be landscaped to the Ll standard
of Chapter 33.248, Landscaping and Screening, This landscaping is
in addition to any other landscaping or screening required for
parking areas by the Zoning Code,
~6
Motorcycle parking may substitute for up to 5 spaces or 5 percent of required
automobile parking, whichever is less. For every 4 motorcycle parking spaces
provided, the automobile parking requirement is reduced by one space. Each
motorcycle space must be at least 4 feet wide and 8 feet deep, Existing
parking may be converted to take advantage of this provision,
C. Carpool parking. For office, industrial, and institutional uses where there are
more than 20 parking spaces on the site, the following standards must be met:
1. Five spaces or five percent of the parking spaces on site, whichever is less,
must be reserved for carpool use before 9:00 AM on weekdays. More spaces
may be reserved, but they are not required.
2. The spaces will be those closest to the building entrance or elevator, but not
closer than the spaces for disabled parking and those signed for exclusive
customer use.
3. Signs must be posted indicating these spaces are reserved for carpool use
before 9:00 AM on weekdays,
266-4
*
Title 33, Planning and Zoning
7/16/04
Chapter 33.266
Parking And Loading
Table 266-1
Minimum Renuired and Maximum Allowed Parkinll Soaces Bv Zone rt 1
Zone Renuirement
OS, RF - RH, IR, CN2, CO2, Minimum is Standard A in Table 266-2.
CG, EG,! Maximum is Standard B in Table 266-2.
EX Minimum - None, except:
Household Living: minimum of 0 forl to 3 units, 1
per 2 units for four+ units, and SROs exempt..
Maximum is Standard A in Table 266-2, except:
1) Retail, personal service, repair-oriented -
Maximum is 1 per 200 sq. ft. of floor area.
2) Restaurants and bars - Maximum is 1 per 75
sq. ft. of floor area.
3) General office - Maximum is 1 per 400 sq. ft.
of floor area.
4) Medical/Dental office - Maximum is 1 per 330
sq. ft. of floor area.
CNI Minimum - None.
Maximum of 1 space per 2,500 sq. ft. of site area.
eM, CS, RX, ex, COl Minimum - None.
Maximum is Standard B in Table 266-2.
[I J Regulations in a plan district or overlay zone may supersede the standards of this
table.
33.266.115 Maximum Allowed Parking Spaces
A. Purpose. Limiting the number of spaces allowed promotes efficient use of land,
enhances urban form, encourages use of alternative modes of transportation,
provides for better pedestrian movement, and protects air and water quality.
The maximum ratios in this section vary with the use the parking is accessory to
and with the location of the use. These maximums will accommodate most auto
trips to a site based on typical peak parking demand for each use, Areas that are
zoned for more intense development or are easily reached by alternative modes of
transportation have lower maximums than areas where less intense development
is anticipated or where transit service is less frequent. In particular, higher
maximums are appropriate in areas that are more than a 1/4 mile walk from a
frequently served bus stop or more than a 1/2 mile walk from a frequently served
Transit Station.
266-5
Chapter 33,266
Parking And Loading
Title 33, Planning and Zoning
7/16/04
Table 266~2
Parking Spaces by Use
fRefer to Table 266-1 to determine which standard aUllies.1
Use Catellories Specific Uses Standard A Standard B
Residential
Catell!ories
Household Living 1 per unit, except SROs None
exempt and in RH, where it
is 0 for 1 to 3 units and 1
pcr 2 units for four + units
Group Living 1 per 4 residents None
Commercial
Catellories
Retail Sales And Retail, personal service, 1 per 500 sq. ft. offIooT 1 per 196 sq. ft. of floor
Service repair oriented area area
Restaurants and bars 1 per 250 sq. ft. offioOT 1 per 63 sq. ft. of floor area
area
Health clubs, gyms, lodges, 1 per 330 sq. ft. of floor 1 per 185 sq. ft.offiooT
meeting rooms, and area area
similar. Continuous
entertainment such as
arcades and bowlinv alleys
Temporary lodging 1 per rentable room; for 1.5 per rentable room; for
associated uses such as associated uses such as
restaurants, see above restaurants, see above
Theaters 1 per 4 seats or 1 per 6 1 per 2.7 seats or 1 per 4
feet of bench area feet of bench area
Office General office 1 per 500 sq. ft. of floor 1 per 294 sq. ft. of floor
area area
Medical/Dental office 1 per 500 sq. ft. offloor 1 per 204 sq. ft. offloor
area area
Quick Vehicle 1 per 500 sq. ft. of floor 1 per 196 sq. ft. offloor
Servicing area area
Vehicle Repair 1 per 750 sq. ft. offioor 1 per 500 sq. ft. offloor
area lit area
Commercial Parkinrr Not aoolicable None
Self-Service Storae:e 1121 121
Commercial Outdoor 20 per acre of site 30 per acre of site
Recreation
Major Event 1 per 8 seats or per CD 1 per 5 seats or per CD
Entertainment review review
Industrial
Catel70ries
Manufacturing And 1 per 750 sq. ft. of fioor 1 per 500 sq. ft. of floor
Production area 111 area
Warehouse And 1 per 750 sq. ft. of floor 1 per 500 sq. ft. of floor
Freight area for the first 3,000 sq. area for the first 3,000 sq.
Movement ft. of Ooor area and then 1 ft. of Ooor area and then 1
per 3,500 sq. ft. of floor per 2,500 sq. ft. of floor
area thereafter r 11 area thereafter
Wholesale Sales, 1 per 750 sq. ft. ofOoor 1 per 500 sq. ft. of floor
Industrial Service, area [1] area
Railroad Yards
W aste- Related Per CU review Per CD review
266-6
MEMORANDUM
\1\\\4
FROM:
Mayor Klanderud and City Council
Chris Bendon, Community Development Director ~
Sarah Oates, Zoning Officers- (::,
TO:
THRU:
RE:
Code Amendments-Section 26.510, Signs, Second Reading of
Ordinance No. 10, Series of 2005.
DATE:
March 28, 2005-Continued from March 14,2005
. SUMMARY: Community Development Staff was directed by City Council to revise the
sign regulations to allow for more flexibility in some areas of the code and to clean up
several sections. Some of the modifications have been the result of suggestions of the
2003 Frick and Beer Downtown Retail Report and follow up by the Downtown Catalyst,
Lisa Baker, with downtown merchants, Also incorporated are changes suggested by a
special events committee made up of representatives of organizations in the area that host
and plan events. Suggested changes include the following:
. Real estates companies be permitted picture boxes similar to restanrant
menu boxes
. Anniversary dates of special events that use the Main Street light posts be
lowered from 25 years to 10 years
. The number of signs oriented toward the special event venne be unlimited
and a limited number be permitted to face outward from the event venue
. Inflatable signs are proposed to be permitted under certain conditions for
special events
. The Special Events Committee can make exceptions with an option to
send the request to City Council
. The number and size of political signs be eliminated
. Real estate sign regulations have been added to the commercial sign
section ofthe code
. Sandwich board signs be permitted with design standards
. Vacant storefronts be required to provide a window display with certain
criteria
APPLICANT: City of Aspen Community Development Department.
PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a
development application for an amendment to the text of the Municipal Code shall be
reviewed and recommended for approval, approval with conditions, or disapproval by the
Planning Director and then by the Planning and Zoning Commission at a public hearing,
and then approved, approved with conditions, or disapproved by the City Council at a
public hearing.
DISCUSSION: For clarity, Staff has outlined and summarized each of the proposed
amendments, section by section, below. Sections in which the recommendation
differs between the Catalyst/committee comments, staff comments, and the Planning
and Zoning Commission are called out below the relevant section:
. Applicability, Section 26.510.020: This section discusses the applicability
and scope of the sign regulations and an acknowledgement of the Aspen
Highlands Village PUD sign regulations has been included.
. Banners, et al., Section 26.510.030(B)(3): Regulations for banners, et al.
has been moved to Section 26,5 I 0.1 10(B), Policies Regarding Signage on
Public Property.
. Real Estate picture boxes, Section 26.510.030(B)(15): Real estate picture
boxes have been added.
. Outdoor Lighting, Section 26.510.030(B)(18): This section has been
modified to acknowledge the lighting code and that that lighting of signs must
comply with said section.
. Sandwich Board & Portable Signs, Sections 26.51O.040(A) and (G): These
sections have been modified to prohibit sandwich board and portable signs
except as allowed per Section 26.510.l30(D)(I)(e), a section which discusses
design, size and location.
. Banners, et aI., Section 25.510.040(S): Prohibits banners, et al. except as
permitted per Section 26.510. I lO(B), Policies Regarding Signage on Public
Property,
. Outdoor Lighting, Section 26.51O.070(B): Modification to acknowledge
Section 26,575.150, Outdoor Lighting.
. Policies Regarding Signage on Public Property, Sections 26.510.1l0(A)
and (B): Sections modified to incorporate "Policies Regarding Signage
on Public Property" in to the municipal code. This policy is currently an un-
codified document that City Council approved in 2001. Changes to the policy
itseJf~ suggested by the community special events committee, are discussed
below:
o Allow unlimited number of signs oriented inwards towards event
venues be permitted:
Catalyst/Committee Recommendation:
allowing for unlimited signs at the event.
As outlined above
Staff Recommendation: Staff supported the recommendation of
the Committee,
P&Z Recommendation: The P&Z recommended a limit of no
more than two (2) signs per sponsor.
2
o Allow 5 signs oriented towards rights-of-way from event venues
o Allow sponsorship names on signs on public property but limit to no
more than 30% of the sign area
o Allow one inflatable per event, no more than 20 ft. in height, if a
suitable on-site location can be provided:
Catalyst/Committee Recommendation: As outlined above
allowing the City of Aspen Special Events Committee to approve
no more than one inflatable,
Staff Recommendation: Staff recogmzes that these requests
typically come up at the last minute and that sponsorship is
important to attracting events to the city, Nonetheless, staff has
concerns with the suitability of allowing an inflatable at every
event and every location on public property within the City of
Aspen,
P&Z Recommendation: P&Z concurred with the staff
recommendation which would require City Council approve
inflatables with the criteria that it is placed in a suitable location
and that there is a demonstrable community benefit.
o Allow the Special Events Committee to grant exceptions that meet
certain criteria with an option to send requests for exceptions to City
Council
o Allow event anniversary banners to be placed on the Main Street Light
Posts at the 10 year anniversary versus the 25 year anniversary and
then allow every 5 years:
Catalyst/Committee Recommendation: The special events
"super group" recommended the anniversary date in which local
organizations may placed banners on the Main Street Light Posts
be reduced as outlined above,
Staff Recommendation: In 200 I, Council reiterated its policy as
it relates to the banners on the Main Street Light Posts and that
they only be allowed for 25, 50 and 75 year anniversaries of local
organizations and for significant local, national and international
events. Staff supports a policy of recognizing organizations which
have endured and been an integra] part of Aspen and therefore,
staff believe the policy should remain in place as it is currently.
P&Z Recommendation:
recommendation,
P&Z
agreed
with
stafr s
. Political Signs, Sections 26.510.120(B)(2) & (C)(2): The suggested
change is to recognize political signs are permitted as a temporary sign
without any additional regulations other than political signs are not permitted
3
in public rights of way except as permitted per Section 26,510.11 O(B),
Policies Regarding Signage on Public Property.
. Sale Signs, Section 26.510.120(C)(3): The time in which sale signs
mllst be removed has been lowered from 3 months to 30 days:
Catalyst/Committee Recommendation: Lisa Baker suggested the
regulation regarding sales signs be eliminated and the perhaps the
City of Aspen should not be regulating when businesses have sales,
Staff Recommendation: Staff had recommended the duration
between when sale signs can be installed be reduced from 3
months to 30 days recognizing that perpetual "sale" and "going out
of business" signs are an issue for some members of the
community.
P&Z Recommendation: The P&Z recommended the duration be
2 months. P&Z stated that 30 days was too short of duration and
that 2 months was more appropriate.
.. Real Estate Signs, Section 26.510.120(C)(4): The current code is silent
on real estate signs in non-residential zone districts. Staff has suggested
language that is the same as residential zone districts.
. Awnings, Section 26.510.130(D)(1)(b): Based on the excessive lettering
on some recently installed awnings, staff has included awning lettering in the
aggregate sign area allowed per each business. Currently, awning letters are
not included in the aggregate sign area, allowing businesses with awnings far
more sign area than those without awnings,
. Standards for sandwich board and portable signs, Section
26.510.130(D)(I)(e): Staff has suggested design, size and location regulations
based on a temporary approval of sandwich board signs that Council granted
this past summer. Also, when the sandwich board regulations were
temporarily adopted, only retail and restaurant uses were included. Staff has
had to do enforcement with regards to real estate and timeshare companies
placing sandwich board signs on the mall. The language in the proposed
ordinance does not include real estate companies and Council should
determine if the code should regulate what uses are allowed sandwich board
signs:
Catalyst/Committee Recommendation: The Downtown Catalyst
has received positive feedback from business owners with regards
to the sandwich board signs.
Staff Recommendation: Community Development staff has
reservations as it relates to sandwich board signs because of the
visual clutter it creates. Further, stronger enforcement will need to
b.e instituted to ensure design quality and the proper location of the
signs.
4
P&Z Recommendation: P&Z concurred with staff that proactive
enforcement will need to take place to ensure quality design and
proper placement of the signs.
. Vacant Storefronts, Section 26.510.140(B): This section of the code
has been modified to require property owners with vacant storefronts to
provide window displays after the space has been vacant for more than thirty
(30) days:
Catalyst/Committee Recommendation: This suggestion
originated in the business neighborhood meeting and City staff at
that meeting agreed to consider this recommendation,
Staff Recommendation: Community Development staff has
concerns about its ability to enforce this regulation should it be
adopted as well as the efforts it would take to coordinate.
P&Z Recommendation: P&Z concurred with staff and
recommended this proposal not be adopted,
STAFF RECOMMENDATION: Staff recommends that the City Council recommend
approval to the amendments with the exception of Section 26,510.1I0(B)(5)(b) as it
relates to inflatables, Section 26.510.110(B)(4)(a) as it relates to the banners on Main St.
Light Posts and Section 26.5IO.140(B) as it relates to window displays in vacant
storefronts,
P&Z RECOMMENDATION: The Planning and Zoning Commission agreed with
staff's recommendation and had two additional comments. The change to Section
26.5 10, 1I0(B)(5)(b) would allow for unlimited signs oriented towards a special event on
City property. The Planning and Zoning Commission recommended that the code allow
for no more than two signs per sponsor,
The second recommendation relates to Section 26.5IO.l20(C)(3), Temporary Sale Signs,
Currently, the code allows sales signs to be up no more than fourteen (14) days and the
signs must then be removed for no less than three (3) months, The Downtown Catalyst,
Lisa Baker recommended not regulating the duration sales signs should be up or down.
Community Development Department staff took a more moderate approach and
suggested that sales signs be removed for at least thirty (30) day increments, The
Planning and Zoning Commission recommends that sale signs be removed for not less
than two (2) months before the signs can be installed for another fourteen (14) days,
RECOMMENDED MOTION: "I move to approve Section 26.510, Signs, as proposed
in the Community Development Department memorandum."
CTi!~~~..!~:r~fJ;:.;-
5
Attachments:
Exhibit A: Proposed Amendments to Section 26.510, Signs
Exhibit B: Review Standards
6
ORDINANCE NO. 10
(SERIES OF 2005)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.510, SIGNS, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department initiated code
amendment changes to the above cited sections; and
WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance
with the procedures, standards, and limitations of this Chapter, shall by ordinance
approve, approve with conditions, or deny a Code Amendment application for
Amendment to the Land Use Code and Official Zone District Map, after recommendation
by the Community Development Department pursuant to Section 26.430,020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments to the above cited sections pursuant to Section 26,310.040 and
recommended approval; and,
WHEREAS, during a public hearing on January 18, 2005, the Planning and
Zoning Commission recommended, by a four to zero (4-0) vote, the City Council
approve the amendments to Section 26,510; and,
WHEREAS, the City Council conducted a public hearing, considered the
recommendation of the Community Development Director and took public testimony for
code amendments to Section 26,510; and,
WHEREAS, City Council finds that the code amendments meet or exceed all
applicable amendment standards and that the approval of the code amendments, are
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 OF ASPEN CITY
COUNCIL
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment sections initiated by the Community Development Department are
approved as noted below:
Sections:
26.510.010
26,510.020
26.510.030
26,510,040
26,510.050
26.510.060
26.510.070
26.5 I 0.080
26.5 I 0.090
26.510.100
26,510.1 10
26.510,120
26.5] 0,130
26,510,140
CHAPTER 26.510
SIGNS
Purpose,
Applicability and scope.
Procedure for sign permit approval.
Prohibited signs,
Sign measurement.
Sign setback.
Sign illumination.
Sign lettering, logos and graphic designs.
Structural characteristics.
Nonconforming signs.
Signs on public right-of-way,
Temporary signs.
Zone district sign restrictions.
Window displays.
26.510.010 Purpose.
The purpose of this Chapter is to promote the public health, safety and welfare
through a comprehensive system of reasonable, effective, consistent, content-neutral, and
nondiscriminatory sign standards and requirements.
Toward this end, the City Council finds that the City of Aspen is an historic
mountain resort community that has traditionally depended on a tourist economy.
Tourists, in part, are attracted to the visual quality and character of the city, Signage has a
significant impact on the visual character and quality of the city.
The proliferation of signs in the city would result in visual blight and
unattrac.tiveness and would convey an image that is inconsistent with a high quality resort
environment. Effective sign control has preserved and enhanced the visual character of
other resort communities in Colorado and other states, The City of Aspen must compete
with many other Colorado, national and international resort communities for tourism
opportunities,
In order to preserve the City of Aspen as a desirable community in which to live,
vacation and conduct business, a pleasing, visually attractive enviromnent is of foremost
importance.
These sign regulations are intended to:
2
A. Preserve and maintain the City of Aspen as a pleasing, visually attractive
environment.
B, Promote and accomplish the goals, policies and objectives of the Aspen Area
Comprehensive Plan.
C. Enhance the attractiveness and economic well-being of the City of Aspen as a
place to live, vacation and conduct business.
D. Address community needs relating to upgrading the quality of the tourist
experience, preserving the unique natural envirorunent, preserving and enhancing the
high quality human existence, retaining the city's premier status in an increasingly
competitive resort market, preserving the historically and architecturally unique character
of the city, fostering the "village style" quality of the city, and preserving and enhancing
scemc Views,
E. Enable the identification of places of residence and business,
F. Allow for the communication of information necessary for the conduct of
commerce,
G. Encourage signs that are appropriate to the zone district in which they are located
and consistent with the category of use to which they pertain.
H. Permit signs that are compatible with their surroundings and aid orientation, and
preclude placement in a manner that conceals or obstructs adjacent land uses or signs.
1. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
J. Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location and the nature of any
such business.
K, Establish sign size in relationship to the scale of the lot's street frontage and
building's street frontage along which the sign is to be placed.
1. Protect the public from the dangers of unsafe signs, and require signs to be
constructed, installed and maintained in a safe and satisfactory manner.
M. Lessen hazardous situations, confusion and visual clutter caused by proliferation,
improper placement, illumination, animation and excessive height, area and bulk of signs
which compete for the attention of pedestrian and vehicular traffic.
N, Regulate signs in a manner so as to not interfere with, obstruct vision of, or
distract motorists, bicyclists or pedestrians,
3
26.510.020 Applicability and scope.
This Chapter shall apply to all signs of whatever nature and wherever located
within the City of Aspen except for the Aspen Highlands Village PUD. Sign regulations
for Aspen Mountain PUD were approved as City Council Ordinance 43, Series of2003.
No sign shall be allowed except as permitted by this Chapter.
26.510.030 Procedure for sign permit approval.
A. Permit required. It shall be unlawful to erect, place, construct, reconstruct, or
relocate any sign without first obtaining a sign permit from the Chief Building Official.
B. Exempt signs. The following signs or sign activities shall be exempt from
obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and
owner of the sign from the responsibility of complying with all applicable provisions of
this Title. The exemption shall apply to the requirement for a sign permit under this
Section,
I. Preventive maintenance, The ordinary preventative maintenance of a
lawfully existing sign which does not involve a change of placement, size, lighting, color
or height.
2. Repainting. The repainting of a lawfully existing sign exactly as it was
prior to such activity.
3, Banners, pennants, streamers, and balloons and other gas-filled figures,
Temporary banners, pennants, streamers, balloons and inflatables shall be permitted per
Section 26,510. I 10(B), Policies Regarding Signage on Public Property, Streamers and
balloons shall be permitted in association with a retail special event or sale oflimited
duration,
4. Construction signs. One freestanding or wall sign along each lot line
frontage on a street for a site under construction not to exceed a total of two (2) signs per
site, which do not exceed six (6) square feet in area per sign, which are not illuminated,
and which identify individuals or companies involved in designing, constructing,
financing or developing a site under construction. Such signs may be erected and
maintained only for a period not to exceed thirty (30) days prior to commencement of
construction and shall be removed within fourteen (14) days of termination of
construction. A graphic design painted on a construction barricade shall be permitted in
addition to such signs, provided it does not identify or advertise a person, product, service
or business.
5. Directional or instructional signs. Signs, not exceeding six (6) inches by
thirty (30) inches in area, which provide direction or instruction to guide persons to
4
facilities intended to serve the public, Such signs include those identifying restrooms,
public telephones, public walkways, public entrances, freight entrances, affiliation with
motor clubs, acceptance of designated credit cards, and other similar signs providing
direction or instruction to persons using a facility but not including those signs accessory
to parking areas. Advertising material of any kind is strictly prohibited on directional and
instructional signs,
6, Fine art, Works of fine art which in no way identify or advertise a person,
product, service or business.
7, Flags, Flags, emblems and insignia of political or religious organizations
providing such flags, emblems and insignia are displayed for noncommercial purposes.
8. Government signs. Signs placed or erected by governmental agencies or
nonprofit civic associations for a public purpose in the public interest, for control of
traflic and for other regulatory purposes, street signs, warning signs, railroad crossing
signs, signs of public service companies indicating danger, and aids to service and safety
which are erected by, or for the order of government.
9. Historic designation. Signs placed on a historic building identifying the
structure as a property listed on the Aspen Inventory of Historic Landmark Sites and
Structures, which sign shall be a wall sign not to exceed six (6) square feet in area,
10, Holiday decorations. Noncommercial signs or other materials temporarily
displayed on traditionally accepted civic, patriotic, and/or religious holidays, provided
that such decorations are maintained in safe condition and do not constitute a fire hazard.
II. Incidental signs on vehicles, Signs placed on or affixed to vehicles or
trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in
no way intended to permit signs placed on or affixed to vehicles or trailers which are
parked on a public right-of-way, public property, or private property so as to be visible
from a public right-of-way where the apparent purpose is to advertise a product, service
or activity, or direct people to a business or activity located on the same or nearby
property.
12, Interior signs. Signs which are fully located within the interior of any
building, or within an enclosed lobby or court of any building, which are not visible from
the public right-of-way, adjacent lots or areas outside the building, and signs not to
exceed 30" x 42", located within the inner or outer lobby, court, or entrance of any theatre
which are intended solely for information relating to the interior operation of the building
in which they are located.
13, Mail boxes, including street address.
14. Memorial signs. Memorial plaques or tablets, grave markers, statutory
declaring names of buildings and date of erection when cut into any masonry surface or
5
when constructed of bronze or other incombustible materials, or other remembrances of
persons or events that are noncommercial in nature,
15. Menu signs and real estate picture boxes, One sign per use, with an area
not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet
wall of that portion of the principal building in which the use to which the sign applies is
located, and which advertises and/or identifies a restaurant menu, drinks, or foods
offered, or special activities incidental to drink and food service, or real estate offering,
16, Public notices. Official government notices and legal notices,
I 7. Residential name and address signs. One freestanding or wall sign per
detached dwelling unit or duplex unit, with an area not exceeding two (2) square feet,
which identifies the name of the occupant and the street address ofthe dwelling unit.
18, Shielded light in architectural design that complies with Section
26.575,150.
19, Vending machine signs. Permanent, nonflashing signs on vending
machines, gasoline pumps, ice or milk containers, or other similar machines indicating
only the contents of such devices, the pricing of the contents contained within, directional
or instructional information as to use, and other similar information,
20. Residential name and address signs. Every detached residential dwelling
unit or duplex unit may have mailbox or wall signs with an area not to exceed two (2)
square feet to identify the street address and the name( s) of the occupants.
2 I, Security signs, Every parcel may display security signs not to exceed an
area of six inches wide by six inches long (6" x 6"). Security signs may contain a
message, logo, or symbol alerting the public to the presence of a security system on the
premises. Security signs shall be of a neutral color. Security signs may not be placed in
the City right-of-way,
22. Timeshare identification signs. A building that is approved for exempt
timesharing, pursuant to Section 26.590.030, shall have a wall-mounted sign with an area
not exceeding two (2) square feet, stating that it has been approved for timesharing and
identifying the name and phone number of a contact person or management entity for the
property,
C. Application. A development application for a sign permit shall include the
following information:
I. That information required on the form provided by the Community
Development Director;
2, A letter of consent from the owner of the building;
6
3, Proposed location of the sign on the building or parcel;
4, A blueprint or ink drawing of the plans, specifications, and method of
construction of the sign and its supports, showing proposed dimensions, materials, and
colors and the type, intensity, and design of the sign's illumination, if any; and
5, The dimensions, measurements, and calculations of building frontages and
line frontages on streets and alleys; the dimensions of any other sign located on the
property; and any other information needed to calculate permitted sign area, height, type,
placement or other requirements of these regulations,
D, Determination of completeness. After a development application for a sign permit
has been received, the Community Development Director shall determine whether the
application is complete. If the Community Development Director determines that the
application is not complete, written notice shall be served on the applicant specifying the
deficiencies, The Community Development Director shall take no further action on the
application unless the deficiencies are remedied. If the application is determined
complete, the Community Development Director shall notify the applicant of its
completeness, A determination of completeness shall not constitute a determination of
compliance with the substantive requirements of this Chapter.
E, Determination of compliance, After reviewing the application and determining its
compliance and consistency with the purposes, requirements and standards in this
Chapter, the Community Development Director shall approve, approve with conditions or
deny the development application for a sign permit.
26.510.040 Prohibited signs.
The following signs are expressly prohibited for erection, construction, repair,
alteration, relocation or placement in the City of Aspen.
A. "A" frame, sandwich board and sidewalk or curb signs except as allowed per
Section 26.5 10, l30(D)(l )(e),
B, Billboards and other off-premise signs. Billboards and other off-premise signs,
including security company signs which do not comply with the regulations set forth in
Section 26,51 0.040(B)(20), and signs on benches, are prohibited, except as a temporary
sign as provided for in Section 26,510, I 20,
C. Flashing signs. Signs with lights or illuminations which flash, move, rotate,
scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical
pulsations,
D. Moving signs. Signs with visible moving, revolving, rotating parts, or visible
mechanical movement of any description or other apparent visible movement achieved
7
by electrical, electronic or mechanical means, including automatic electronically
controlled copy changes.
E. Neon and other gas-filled light tubes. Neon lights, televisions used for advertising
or information and other gas-filled light tubes, except when used for indirect illumination
and in such a manner as to not be directly exposed to public view,
F, Obsolete signs. A sign which identifies or advertises an activity, business,
product, service or special event no longer produced, conducted, performed or sold on the
premises upon which such sign is located. Such obsolete signs are hereby declared a
nuisance and shall betaken down by the owner, agent or person having the beneficial use
of such sign within ten (10) days after written notification from the Community
Development Director, and upon failure to comply with such notice within the time
specified in such order, the Community Development Director is hereby authorized to
cause removal of such sign, and any expense incident thereto shall be paid by the owner
of the property on which the sign was located. That an obsolete sign is nonconforming
shall not modify any of the requirements of this paragraph. Signs of historical character
shall not be subject to the provisions of this section. For the purpose of this section,
historical signs are defined to be those signs at least fifty (50) years in age or older.
G. Portable and wheeled signs except as allowed per Section 26.5 I 0, I 30(D)(I )(e),
H. Roof signs.
1. Search lights or beacons.
J, Signs causing direct glare, A sign or illumination that causes any direct glare into
or upon any public right-of-way, adjacent lot, or building other than the building to which
the sign may be accessory,
K, Signs containing untruthful or misleading information.
1. Signs creating optical illusion. Signs with optical illusion of movement by means
of a design which presents a pattern capable of reversible perspective, giving the illusion
of motion or changing of copy.
M, Signs obstructing egress. A sign which obstructs any window or door opening
used as a means of egress, prevents free passage from one part of a roof to any other part,
interferes with an opening required for legal ventilation, or is attached to or obstructs any
standpipe, fire escape or fire hydrant.
N, Signs on parked vehicles, Signs placed on or affixed to vehicles and/or trailers
which are parked on a public right-of~way, public property, or private property so as to be
visible from a public right-of-way where the apparent purpose is to advertise a product,
service or activity or direct people to a business or activity located on the same or nearby
property. However, this is not in any way intended to prohibit signs placed on or affixed
8
to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to
the primary use of the vehicle or trailer.
0, Signs in public right-of way. A sign in, on, over or above a public right-of~way
that in any way interferes with normal or emergency use of that right-of-way. Any sign
allowed in a public right-of-way may be ordered removed by the Community
Development Director upon notice if the normal or emergency use of that right-of-way is
changed to require its removal.
p, Strings of light and strip lighting, Strip lighting outlining commercial structures
and used to attract attention for commercial purposes, and strings of light bulbs used in
any connection with commercial premises unless the lights shall be shielded,
Q. Unsafe signs. Any sign which:
I. Is structurally unsafe;
2. Constitutes a hazard to safety or health by reason of inadequate
maintenance or dilapidation;
3. Is not kept in good repair;
4, Is capable of causing electrical shocks to persons likely to come into
contact with it;
5. In any other way obstructs the view of, may be confused with, or purports
to be an official traffic sign, signal or device or any other official government regulatory
or inforrriational sign;
6. Uses any words, phrases, symbols or characters implying the existence of
danger or the need for stopping or maneuvering of a motor vehicle, or creates, in any
other way, an unsafe distraction for vehicle operators or pedestrians;
7. Obstructs the view of vehicle operators or pedestrians entering a public
roadway from any parking area, service drive, public driveway, alley or other
thoroughfare;
8. Is located on trees, rocks, light poles, or utility poles, except where
required by law; or
9, Is located so as to conflict with the clear and open view of devices placed
by a public agency for controlling traffic or which obstructs a motorist's clear view of an
intersecting road, alley or major driveway,
9
R. Street blimps. Parked or traveling cars used primarily for advertising, sometimes
referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's
primary use is exempt. (Ord, No, 55-2000, ~ 13; Ord. No. I 1-2001, ~ I)
S, Banners and pennants used for commercial purposes not associated with a special
event approved by the Special Events Committee approval per Section 26.510, I 10(B).
26.510.050 Sign measurement.
A. General. In calculating the area allowance for signs in all zone districts, there
shall be taken into account all signs allowed therein including window decals and signs
identifying distinctive features and regional or national indications of approval of
facilities.
B. Sign area. Sign area shall be the area of the smallest geometric figure which
encompasses the facing of a sign including copy, insignia, background and borders,
provided that cut-out letter signs shall be considered wall signs and their aggregate area
shall be credited toward allowable sign area at one-half (1/2) the measured area.
C. Two or more faces, Where a sign has two (2) or more faces, the area of all faces
shall be included in determining the area of the sign, except where two (2) such faces are
placed back to back and are at no point more than two (2) feet from one another. The area
of the sign shall be taken as the area of the face if the two (2) faces are of equal area, or
as the area of the larger face if the two (2) faces are of unequal area.
26.510.060 Sign setback.
Signs are not subject to the setback requirements of the zone district where they
are located,
26.510.070 Sign illumination.
A. Prohibited illumination, No sign shall be illuminated through the use of internal
illumination, rear illumination, fluorescent illumination or neon or other gas tube
illumination, except when used for indirect illumination and in such a manner as to not be
directly exposed to public view.
B, Shielding illumination. Illumination of signs shall be designed, located, shielded
and directed in such a manner that the light source is fixed and is not directly visible
from, and does not cast glare or direct light from artificial illumination upon, any adjacent
public right-of-way, surrounding property, residential property or motorist's vision.
Illumination shall comply with Section 26.575.150.
26.510.080 Sign lettering, logos and graphic designs.
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A. Lettering. No lettering on any sign, including cut-out letter signs, shall exceed
twelve (12) inches in height, except that the initial letter in each word shall not exceed
eighteen ( 18) inches in height.
B. Logos. No logo on any sign, including cut-out letter signs, shall exceed eighteen
(18) inches in height and eighteen (18) inches in length.
26.510.090 Structural characteristics.
The following limitations shall apply to all freestanding, projecting and wall
sIgns:
A. Freestanding signs. Freestanding signs shall not be higher than the principal
building or fifteen (15) feet, whichever is less, and shall be a minimum of eight (8) feet
above grade when located adjacent to a pedestrian way.
B. Projecting signs. Projecting signs shall not be higher than the eave line or parapet
wall of the top of the principal building, shall be a minimum of eight (8) feet above grade
when located adjacent to or projecting over a pedestrian way and shall not extend more
than four (4) feet from the building wall to which they are attached, except where such
sign is an integral part of an approved canopy or awning.
C. Wall signs. Wall signs shall not be higher than the eave line or parapet wall ofthe
top of the principal building, and no sign part, including cut-out letters, shall project more
than six (6) inches from the building wall.
26.510.100 Nonconforming signs.
Nonconforming signs which were in existence on or before May 25, 1988, shall
be discontinued on or before November 25, 1988.
26.510.110 Signs on public right-of-way.
A.lt shall be unlawful to erect or maintain any sign in, on, over or above any land or right-of-way
or on any property, including lightposts, belonging to the City of Aspen without the permission of
the City Councilor in compliance with Section 26.510.110(8), Policies Regarding Signage on
Public Property. However, this section shall not be deemed to apply to signs posted by any duly
constituted public authorities in the performance of their public duties, or to specific
circumstances otherwise provided for in this Chapter.
B. Policies Regarding Signage on Public Property
1. Purpose of Regulations. The purpose of these regulations is to establish
reasonable regulations for the posting of temporary signs, displays, and banners on
certain public property. The regulations herein include (a) signage on public rights-of~
way, (b) banners and flags on light posts on Main Street, (c) signs in City Parks, (d)
displays in City Parks, (e) signs hung across Main Street at Third Street and (f) signs on
public buildings. These regulations shall be read in conjunction with Chapter 26.510 of
II
the Aspen Municipal Land Use Code and are not intended to supercede the regulations of
signs as set forth therein.
Temporary signs and displays provide an important medium through which
individuals may convey a variety of noncommercial and commercial messages. However,
left completely unregulated, temporary signs and displays can become a threat to public
safety as a traffic hazard and detrimental to property values and the City's overall public
welfare as an aesthetic nuisance. These regulations are intended to supplement Chapter
26.510 of the Aspen Municipal Land Use Code and to assist City staffto implement the
regulations adopted by the Aspen City Council. These regulations are adopted to:
a. balance the rights of individuals to convey their messages through
temporary signs or displays and the right of the public to be protected against
unrestricted proliferation of signs and displays;
b. further the objectives of Chapter 26.510 of the Aspen Municipal Land Use
Code; and,
c. ensure the fair and consistent enforcement of the sign and display
regulations specified below.
Section 26.510.110 of the Aspen Municipal Land Use Code states, "it shall be
unlawful to erect or maintain any sign in, on, over or above any land or right-of-way or
on any property, including light posts, belonging to the City of Aspen without the
permission of the City Council." Sign permits issued by the City Manager, or his
designee, that are in conformance with these regulations shall constitute City Council
permission within the meaning of Section 26.510.110 of the Aspen Municipal Code.
Applications for sign permits that do not comply with these regulations shall be
forwarded to the City Council for consideration ifrequested by the applicant.
2. Definitions.
Unless otherwise indicated, the definitions of words used in these regulations
shall be the same as the definitions used in Chapter 26.510 of the Aspen Municipal Land
Use Code. In addition, the following definitions shall apply:
Banner means any sign of lightweight fabric, plastic, or similar material that is attached
to any structure, pole, line or vehicle and possessing characters, letters, illustrations or
ornamentations.
Banner, Light post means any sign of lightweight fabric, plastic, or similar material that
is attached to a light post and possessing characters, letters, illustrations or
ornamentations which meets the dimensional requirements for and is intended to be
installed on municipal light posts.
Display means any symbol or object that does not meet the definition of a sign as defined
in the Aspen Municipal Code, but like a sign is intended to convey a message to the
public.
12
Flag means any fabric or bunting containing distinctive colors, patterns or symbols, used
as a symbol of a government, political subdivision or other entity which meets the
dimensional requirements and is intended to be installed on municipal light posts.
Public right-of-way means the entire area between property boundaries which is owned
by a government, dedicated to the public use, or impressed with an easement for public
use; which is primarily used for pedestrian or vehicular travel; and which is publicly
maintained, in whole or in part, for such use; and includes without limitation the street,
gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, pedestrian malls,
and any public way.
Sign means and includes the definition for sign as contained in Section 26.104.100 of the
Aspen Municipal Code. The term shall also include "displays" as that term is defined
above.
Sign, Inflatable means any inflatable shape or figure designed or used to attract attention
to a business event or location. Inflatable promotional devices shall be considered to be
temporary signs under the terms of this Chapter and, where applicable, subject to the
regulations thereof.
3. Signs on Public Rights of Way
a. Purpose: The purpose of this policy is to regulate signs
permitted to be located temporarily in the public right-of-way. Temporary signs shall be
permitted in public rights-of-way to advertise noncommercial special events open to the
general public provided the following policies and procedures are followed. These
regulations do not apply to banners on the Main Street light posts or hanging across Main
Street that are subject to different regulations and criteria.
b. Size/Number/Material: Only two (2) signs per
event/organization shall be permitted. Signs shall not exceed ten (10) square feet each
and banners shall not exceed fifty (50) square feet. Banners must be made of nylon,
plastic, or similar type material. Paper signs and banners are prohibited.
13
c. Content: Signs authorized pursuant to this policy shall be
limited to signs that advertise the name, date, time and location of a special event for
noncommercial purposes. The City recognizes the success of special events often
depends on commercial sponsorship. Therefore, the City shall allow signs that contain
the name of the applicant and/or event, date, time, names and location of the event, as
well as sponsorship names and logos; provided, however, that the total sponsorship
information shall not be the most prominent information conveyed by the signs, and shall
take up no more the 30% of the total area of the individual signs.
d. Cost/Fees/Procedures:Applicants shall be required to pay the
necessary fees for approval from the Special Events Committee. Any event not requiring
review by the Special Events Committee shall submit a signs plan to the Community
Development Department for review and approval for a fee as outlined in Chapter 2.12 of
the Aspen Municipal Code. Applications must be received a minimum ofthirty (30) days
prior to the event. The applicant shall also submit a refundable security deposit as
outlined in the current fee schedule to be applied to any damages, repairs or the cost of
removal if not corrected/removed by the applicant within three (3) days.
e. Eligibility: Signs authorized pursuant to this policy shall be
limited to a special campaign, drive, activity or event of a civic, philanthropic,
educational or religious organization for noncommercial purposes.
f. Duration: Temporary signs authorized pursuant to this section
shall be erected and maintained for a period not to exceed fourteen (14) days prior to the
date of which the campaign, drive or activity, or event advertised is scheduled to occur
and shall be removed within three (3) days of the termination of such campaign, drive,
activity or event. Small directional signs are permitted the day of the event only and
must be removed immediately following said event.
g. Maintenance: All signs and banners shall be maintained in an
attractive manner, shall not impede vehicular or pedestrian traffic, and shall not pose a
safety risk to the public.
h Exceptions: Any exceptions from the above requirements shall
require City Council review and approval.
4. Banners and Flags on Main St. Light Posts
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a. Purpose: Banners and flags hung from light posts on Main
Street have traditionally been permitted to celebrate very special events of community
interest. The purpose of these policies and regulations is to clarify which events may be
celebrated and advertised through the use of banners or flags hung from the City-owned
light posts on Main Street. Banners hung from the Main Street light posts shall be
permitted for significant anniversaries (25th, 50t\ 75th and 100tll) oflocal non-profit
organizations and for prominent local, regional, state or national events. Prominent local,
regional, state or national events shall not include recurring annual events or events that
are not considered significant to a large segment of the community. The United States,
Colorado, Aspen, and foreign country flags shall be permitted at the discretion of the City
Manager, Mayor or City Council.
b Size/Number/Material: All proposed banners or flags should
meet the City's specifications for size, mounting and material. Banners shall be 2' in
width by 4' in height to be compatible with mounting system on the light posts. Banners
and flags must be made of nylon, plastic or similar material. Paper is not allowed.
C. Content: Banners shall only contain information identifying
the event, the date and time or a simple graphic/logo related to the event. Any
commercial advertising shall be minimized so that any commercial content is not the
most prominent information conveyed on the banner or flag and shall be limited to no
more than 30% of the area of the sign. The City reserves the right to request changes to
the design, color or content in order to assist the applicant to comply with this
requirement.
d CostlFees/Procedures:The cost of installation is outlined in the
current fee schedule set forth at Chapter 2.12 of the Aspen Municipal Code. A
refundable security deposit as outlined in the current fee schedule shall be required to
assure replacement of damaged banners and retrieval of the banners from the City (see
Section H for maintenance requirements). The applicant shall be required to submit an
application to the City Manager's office showing the dimensions, design and colors of the
proposed banners or flags at least three (3) months prior to the event. Flags are required
to be delivered to the City Parks Department one week prior to the event. Banners shall
be delivered to the Utility Department on Fridays at least two (2) weeks prior to their
installation.
e. Eligibility: Only applications for significant anniversaries (25th,
sot]" 75th, and 100th) of local non-profit organizations shall be eligible for consideration
pursuant to this policy. All other requests from other organizations or for other types of
events shall be forwarded to City Council.
f. Duration: The display of banners and flags on the Main St.
light posts shall not exceed fourteen (14) days or the duration of the event, whichever is
less.
g. Maintenance: Prior to the placement of banners or flags on
City street light posts, the applicant shall provide to the City a number of replacement
15
flags or banners to be determined by the City. These replacement flags or banilers shall
be used by the City to replace banners or flags that are stolen or damaged. The cost of
replacing banners or flags shall be deducted from the security deposit. Once banners
have been removed, the applicant shall be required to pick up the banners from the City
within three (3) days.
h. Priority: Banner and flag applications shall be handled on a
first come, first serve basis. Applicants may be asked to alternate light posts with other
organizations. The City reserves the right to prioritize City sponsored events over other
applications.
i. Exceptions: Any exceptions from the above requirements shall require
City Council review and approval.
5. Signs in City of Aspen Parks Related to Special Events in the City Park.
a. Purpose: Unattended signs are generally prohibited in City
parks. Separate regulations apply to temporary unattended signs placed in Paepcke Park
(See below for those regulations.) The purpose of this policy is to regulate unattended
temporary signs that are permitted in limited circumstances in City parks. The City
recognizes that unattended temporary signs may be a necessary element to many special
events that are permitted in City parks in order to communicate general information to the
public and advertise services, products and offerings as well as sponsorship of the special
event. Accordingly, temporary unattended signs are permitted, subject to these policies,
when the signs are connected to a special event at a City park for which a permit has been
obtained from the City. Signs in City parks are typically temporary in nature, and review
occurs through the Special Event Committee.
b. Size/Number/Material: Unattended temporary signs located
in City parks shall be limited in size to three (3) feet by six (6) feet. The number of signs
oriented towards the event venue shall be limited to two signs per sponsor and the
number of signs oriented towards the rights-of-way shall be limited to five (5) which
shall not extent more than ten (10) feet above grade. Banners must be made of nylon,
plastic or similar material. Paper banners and flags are prohibited. City Council may
approve one inflatable per event of no more than twenty (20) feet in height if a suitable
on-site location can be provided and if there is a demonstrable community benefit.
c. Content/Location: The sign's content may include general
information (i.e. dates, times, locations of activities) as well as advertisement of services,
products, offerings and sponsorship up to 30% of the area of the sign. Unattended
temporary signs conveying a commercial message shall be set back at least ten (10) feet
from the public right-of-way.
d. Cost/Fees/Procedures:Applicants shall be required to pay the
necessary fees for approval from the Special Events Committee. Any event not requiring
review by the Special Events Committee shall submit a sign plan to the Community
Development Department for review and approval for a fee as outlined in the current fee
16
."'__,""_'_"._~_''''''''_~~~<'__~_'''''''''''-'''____~J'_~''~_.'~~
schedule. The applicant shall also submit a refundable security deposit as outlined in the
current fee ordinance to be applied to any damages, repairs or the cost of removal if not
corrected/removed by the applicant within three (3) days. The applicant shall receive the
necessary approval prior to the installation of any signs. Applications must be received
no later than thirty (30) days prior to the event.
e. Eligibility: Unattended temporary signs may be located in City
parks only for the following reasons: a special campaign, drive, activity or event for a
civic, philanthropic, educational or religious organization for noncommercial purposes
for which a special event permit has been obtained from the City. An exception to this
regulation is 6x30" directional signs for commercial organizations using City Parks.
f. Duration: Unattended temporary signs may be erected and
maintained only for the duration of the event, or forty-eight (48) hours, which ever is less.
All signs must be removed immediately following the event.
g. Maintenance: All signs must be maintained in an attractive
manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk
to the public. A $50.00 refundable security deposit will be required to insure compliance.
h. Exceptions: The Special Events Committee may grant
exceptions to the size and number regulations if deemed an appropriate location and/or
event. Included in its evaluation, the Special Events Committee shall consider if there is
a demonstrable community benefit to the event. The Special Events Committee, at this
discretion may send any requests for exceptions to Section 26.51O.110(B)(5) to City
Council for review and approval.
6. Unattended Temporary Signs in Paepcke Park
a. Purpose: Unattended signs in public parks are prohibited with the
exception to Paepcke Park. The purpose of this policy is to regulate the placement of
unattended temporary signs in Paepcke Park that are civic, philanthropic, educational or
religious in nature.
b. Size/Number/Material: Applicants are limited to one sign that shall
comply with the City of Aspen lighting and sign codes. The sign shall not to exceed fifty
(50) square feet in size. A total6f 4 signs shall be permitted in Paepcke Park at any
single period of time and applications will be handled on a first come, first serve basis.
c. Content/Location: The content of the display and any signs
may not be commercial in nature. The applicant shall work with the City Parks
Department to find an appropriate location so that there is minimal impact on the park.
Displays may not be affixed on or near the gazebo, and shall not obstruct the view of the
gazebo from Main Street.
17
d. Cost/Fees/Procedures:The applicant shall pay an application fee
and a refundable security deposit as outlined in the current fee schedule to cover any
damages caused by the installation, maintenance or removal of the sign. The applicant
shall reimburse the Parks Department for any electric fees. An application shall be
submitted to the Community Development Department for review by the City Manager
or his/her designee. Applications shall be received no later than thirty (30) days prior to
the proposed installation of the object.
e. Eligibility: Civic, philanthropic, education or religious non-
profit organizations shall be eligible. The City reserves the right to deny any application
for a sign that would interfere in City-sponsored activities in the park.
f. Duration:
no more then fourteen (14) days.
Applicants are permitted to maintain their signs for
g. Maintenance: All signs shall be maintained in an attractive
manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk
to the public. The applicant must work with the City Parks Department regarding all
maintenance issues.
h. Exceptions: Any exceptions from the above requirements shall
require City Council review and approval.
6. Signs Across Main Street at Third Street
a. Purpose: The purpose of this policy is to regulate signs permitted
to be located temporarily across the Main Street right-of-way at Third Street. Temporary
signs shall be permitted in this location to advertise noncommercial special events open
to the general public provided the following policies and procedures are followed. These
regulations do not apply to banners on the Main Street light posts or signs other than
those hanging across Main Street at Third Street.
b. Size/NumberlMaterial:
following specifications:
Banners must consist of the
(I) any type of durable material;
(2) semi-circular wind holes in banner
(3) metal rivets at all corners, and every 24 inches along the top
and bottom of the banner;
(4) size will be twelve (12) feet in length and three (3) feet in
width.
c. Content/Location: No commercial advertising will be allowed,
except in cases where a sponsoring entity's name is part of the name of the event. In
such cases the organization promoting the event may not construct the banner such that
sponsoring entity's commercial name is the most overwhelming aspect of the banner and
18
the sponsor's name and logo shall be limited to no more than 30% of area of the sign.
Political advertising on or located in the public right-of-way on public property (even by
a non-profit organization) is prohibited per Aspen Municipal Code 26.510.120
(C)(2)(b)(2).
d. Cost/Fees/Procedures:
(I) A Main Street Banner Application and Banner Policy and
Procedure form must be obtained from the City Manager's Office
and completed by the party making the request and returned to the
City Manager's Office no less than thirty (30) days prior to the
date requested to hang the banner.
(2) The exact legend of the banner must be indicated in writing
(see specific area on application form). For your benefit, it is
found that banners are most visually effective when kept simple:
i.e.: event, date, organization and logo.
(3) A fee of $50 per one-sided banner or $100 per double-sided
banner, per week, must accompany the application form and be
reviewed in the City Manager's Office 30 days prior to the date the
banner will be hung. All organizations will be charged the same
rate, accordingly.
(4) All banners should be delivered directly to the City Electric
Department, which is located in back of the post office at 219
Puppy Smith Road, by noon the Friday prior to the Monday hang
date. Any banner not delivered by noon the prior Friday is subject
to an additional $50 charge.
(5)Please pick up the banner from the Electric Department within
30 days after the display weekes). The City of Aspen assumes no
responsibility for banners and any banners left more than 30 days
may be discarded.
e Eligibility: The City of Aspen provides space to hang four (4)
single-sided banners and two (2) double-sided banners across Main Street with the intent
of advertising community events, be it for Arts Organizations or Non-Profits and/or Not-
For-Profit Organizations. These six spaces are reserved on a first come, first serve basis.
Reservations will be taken each year on November I st for the following year. The first
organization to have their contract negotiated, signed and paid will be offered the banner
space on a first come, first serve basis.
f. Duration: One banner, per event, may be hung for a maximum
of 14 days, as per Municipal Code 26.510.030 (B)(3)(b). Banner approvals are not
guaranteed and will only be hung upon availability of the Electric Department staff. The
length of time that a banner is to be hung is not guaranteed, and may be shortened at the
discretion of the City. Based on his/her judgment as to the best interest of the City, the
City Manager may determine which banners are to be given priority when there are
multiple requests for the same time period.
19
g. Maintenance: All banners shall be maintained III an attractive
manner.
h. Exceptions: Any exceptions from the above requirements shall
require City Council review and approval.
7. Signs on Public Buildings
a. Signs on public buildings shall be prohibited.
26.510.120 Temporary signs.
A. General. No temporary sign is permitted within the city unless all other signs on
the property upon which the temporary sign is to be erected, placed or affixed and the
temporary sign itself conform to this Chapter.
B. Residential uses and residential zone districts. For all residential uses and
residential zone districts, only the following temporary signs are permitted, in addition to
the signs permitted under Section 26.510.130, and then only if accessory and incidental to
a permitted or conditional use:
1. Real estate for sale or rent sign. Temporary real estate signs advertising
the sale or rental of the property upon which the sign is located, subject to the following:
a. Type. The temporary real estate for sale or rent sign shall be a
freestanding or wall sign.
b. Number. There shall be not more than one temporary real estate for
sale or rent sign per unit.
c. Area. The area of the temporary sign shall not exceed three (3)
square feet.
d. Height. The height of the temporary sign shall not exceed five (5)
feet as measured from the grade at the base of the sign.
e. Special conditions. The temporary sign shall be removed within
seven (7) days of the sale or rental of the real estate upon which the sign is located.
2. Temporary political signs. Temporary political signs announcing political
candidates seeking public office, political parties, or political and public issues shall be
permitted.
20
C. Nonresidential uses and nonresidential zone districts. For all nonresidential uses
and nonresidential zone districts, only the following temporary signs are permitted, in
addition to the signs permitted under Section 26.510.130, and then only if accessory and
incidental to a permitted or conditional use:
I. Temporary sandwich board signs carried by a person. Temporary
sandwich board signs which are carried by a person and are advertising or identifying a
special, unique or limited activity, service, product or sale of a limited duration, or
identifying a restaurant menu, subject to the following:
a. Type. The temporary sandwich board shall be a sign carried by a
person.
b. Number. There shall be not more than one such temporary sign per
use at anyone time.
c. Area. The area of the temporary sign shall not exceed six (6)
square feet per side.
2. Temporary political signs. Temporary political signs announcing political
candidates seeking public office, political parties, or political and public issues shall be
permitted. There shall be no temporary political signs permitted on or located in the
public right-of-way or on public property except as permitted per Section 26.510.110(B)
Policies Regarding Signage on Public Property.
3. Temporary sale signs. Temporary sale signs, announcing special sales of
products and services, shall be subject to the following:
a. Type. The temporary sale sign shall be placed in the window or
windows of the business holding the sale.
b. Number. There shall be permitted not more than one (I) temporary
sale sign in any window, and a total of not more than three (3) temporary sale signs for
each use.
c. Area. Each temporary sale sign shall not exceed three (3) square
feet.
d. Duration. Temporary sale signs may be maintained for a period not
to exceed fourteen (14) days, and shall be removed at the end of the fourteen (14) days or
on the day following the end of the sale, whichever shall occur first, and shall not be
replaced for at least two (2) months following the removal of the sign(s).
4. Real estate for sale or rent sign. Temporary real estate signs advertising
the sale or rental ofthe property upon which the sign is located, subject to the following:
21
a. Type. The temporary real estate for sale or rent sign shall be a
freestanding or wall sign.
b. Number. There shall be not more than one temporary real estate for
sale or rent sign per unit.
c. Area. The area of the temporary sign shall not exceed three (3) square feet.
d. Height. The height of the temporary sign shall not exceed five (5)
feet as measured from the grade at the base of the sign.
e. Special conditions. The temporary sign shall be removed within
seven (7) days of the sale or rental of the real estate upon which the sign is located.
26.510.130 Zone district sign restrictions.
A. Residential uses. For all residential uses, only temporary signs permitted under
Section 26.510.120 and the following signs are permitted and then only if accessory and
incidental to a permitted or conditional use:
I. Home occupation, multiple-family dwelling complex, or mobile home
park identification signs.
a. Type. The home occupation, multiple family dwelling complex, or
mobile home park identification signs shall be freestanding signs or wall signs.
b. Number. There shall be not more than one freestanding or wall
sign per home occupation, or per street entrance of a multiple-family dwelling complex
or mobile home park.
c. Area. The area of the sign shall not exceed two (2) square feet per
dwelling unit, and shall not exceed a total of twenty (20) square feet.
d. Illumination. A home occupation identification sign may be
illuminated only when it is identifying a home occupation of an emergency service
nature. A multiple-family dwelling complex or mobile home park identification sign may
be illuminated.
B. Institutional uses. For all church, school and public administrative building uses,
only temporary signs permitted under Section 26.510.120 and the following signs are
permitted and then only if necessary and incidental to a permitted or conditional use:
I. Church, school or public administrative building identification signs.
a. Type. The church, school or public administrative building
identification sign shall be a freestanding or wall sign.
22
"...."._.,..,..._~"..._."~-'^"-,-_.~-~-"~-_..~._-
b. Number. There shall be not more than two (2) signs permitted
along the lot frontage on anyone street, not to exceed a total of four (4) signs per lot,
subject to the area requirements in Section 26.510.130 (B)(I)( c).
c. Area.
(I) Freestanding sign. The area of a freestanding sign shall not
exceed ten (10) square feet.
(2) Wall sign. The area of a wall sign shall not exceed ten (10)
square feet.
(3) Aggregate sign area. The aggregate sign area permitted
along the lot frontage on anyone street shall not exceed one square foot of aggregate sign
area for each three (3) feet of lot line frontage occupied by or projected from the building
within which the principal use is conducted. The aggregate sign area permitted along the
lot frontage on any alley shall be computed as if the alley were a street. In no case shall
the aggregate sign area for anyone use on anyone frontage exceed twenty (20) square
feet.
(4) Illumination. The sign may be illuminated except when
located in a residential zone district.
C. Recreation club or open use recreation site uses. For all recreation club or open
use recreation site uses, only temporary signs permitted under Section 26.510.120 and the
following signs are permitted and then only if necessary and incidental to a permitted or
conditional use:
I. Recreation club or open use recreation site designation signs.
a. . Type. The recreation club or open use recreation site designation
sign shall be a freestanding or wall sign.
b. Number. There shall be not more than one sign per use permitted
along the lot frontage on anyone street, not to exceed a total of two (2) signs per lot,
subject to the area requirements in Section 26.510.130 (C)(I)( c).
c. Area.
(I) Freestanding sign. The area of a freestanding sign shall not
exceed ten (10) square feet.
(2) Wall sign. The area of a wall sign shall not exceed ten (10)
square feet.
23
(3) Aggregate sign area. The aggregate sign area permitted
along the lot frontage on anyone street shall not exceed one square foot of aggregate sign
area for each three (3) feet oflot line frontage occupied by or projected from the area of
the lot within which the principal use is conducted. The aggregate sign area permitted
along the lot frontage on any alley shall be computed as if the alley were a street. In no
case shall the aggregate sign area for anyone frontage exceed twenty (20) square feet.
(4) Illumination. The sign may be illuminated only during
hours of normal operation.
D. Commercial uses. For all Commercial Core (CC), Commercial (C-I),
Lodge/Tourist Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL),
Neighborhood Commercial (NC), Office (0) or Service/ Commercial/Industrial (SCI)
zone district uses, only temporary signs permitted under Section 26.510.120 and the
following signs are permitted and then only if accessory and incidental to a permitted or
conditional use:
I. Business or occupancy identification signs.
a. Type. The business and occupancy identification signs shall be
freestanding signs, projecting signs, wall signs, including cutout letter signs, or lettering
on awnlllgs.
b. Number. There shall be not more than a combination of two (2) of
the following three (3) types of signs: freestanding signs, projecting signs, or wall signs,
including a cut-out letter sign subject to the area requirements in Section
26.5 10. 130(D) (I)(c). In addition, there shall be no limit on the number of business and
occupancy identification signs which may be placed in the windows of the business;
provided, that said signs shall count against the aggregate sign area permitted as if the
window sign was a cut-out letter sign. There shall also be no limit on the number of
awnings which may be lettered; provided, that said signs shall count against the aggregate
sign area permitted as if the window sign was a cut-out letter sign.
c. Area.
(I) Freestanding sign. The area of a freestanding sign shall not
exceed ten (10) square feet.
(2) Projecting sign. The area of a projecting sign shall not
exceed six (6) square feet.
(3) Wall sign. The area of a wall sign shall not exceed ten (10)
square feet.
(4) Awning sign. The area of an awning sign shall not be
limited, but the lettering on the awning shall not exceed six (6) inches in height.
24
(5) Aggregate sign area. The aggregate sign area permitted
along the lot frontage on anyone street shall not exceed one square foot of aggregate sign
area for each three (3) feet of lot line frontage occupied by or projected from the building
within which the principal use is conducted. The aggregate sign area permitted along the
lot frontage on any alley shall be computed as if the alley were a street. Ifthere is more
than one use or tenant within the principal building, then the aggregate sign area
permitted for each use or tenant within the building shall be that portion of the aggregate
sign area as agreed upon by the owner( s) and occupant( s) of the building. The
Community Development Director shall be notified of such agreement and the respective
proportionate shares of signage. In no case shall the aggregate sign area for anyone use
on anyone frontage exceed twenty (20) square feet.
d. Location. The business and occupancy identification signs shall be
located on the business being identified, unless the business does not have frontage at
street grade. For such businesses, one sign may be located on the business being
identified and the other sign may be included in a business directory sign.
e. Portable and sandwich board signs. Portable and sandwich board
signs shall be permitted in the Commercial Core (CC) and Commercial (C-I) zone
districts. Portable and sandwich board signs are limited to Retail and Restaurant uses.
Portable and sandwich board signs are prohibited for Office Uses.
(I) Portable sandwich board signs are limited to nine (9) square
feet in size and shall not count in the aggregate sign area.
(2) Businesses are limited to one sandwich board or portable sign
per business.
(3) Portable sandwich board signs must be made primarily of
wood or metal and must have a professional finish.
(4) Insets must be chalkboard. Dry erase boards are prohibited.
(5) A six (6) foot travel width must be maintained on sidewalks
and a eight (8) foot travel width on the pedestrian malls.
(6) Sandwich board and portable signs are not permitted on rights
of way or pedestrian malls overnight.
(7) A separate sandwich board sign permit must be approved by
the Chief Building Official.
2. Business directory signs.
a. Type. The business directory signs shall be wall signs or
freestanding signs.
25
b. Number. There shall be not more than one business directory sign
per lot.
c. Area. The maximum permitted area of the business directory sign
shall be as follows:
For I to 5 businesses--One square foot of sign area per business.
For 6 to 10 businesses--Five square feet plus 1/2 square foot for
each business over five businesses.
For more than 10 businesses--7 1/2 square feet, plus 1/4 square
foot for each business over ten businesses, to a maximum sign area of 10 square feet.
26.510.140 Window displays.
Window displays of merchandise, and representations thereof, are not subject to sign
regulations, sign square footage, and do not require a sign permit, except the following
are prohibited in window displays:
I. Televisions, computer monitors, or other similar technological devices that
create oscillating light.
2. Neon or other gas tube illumination, rope lighting or low-voltage strip-
lighting.
Section 2:
All material representations and commitments made by the applicant pursuant to the Code
Amendment approval as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3:
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 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 14th day of February 2005.
Attest:
26
Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed and approved this 28tl1 Day of March 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
Approved as to form:
John Worcester, City Attorney
27
EXHIBIT A
PROPOSED AMENDMENTS: Staff proposes the following changes to the text of the
Land Use Code, with the text to be added underlined and the text to be deleted with a
strikethrougl1.:
Sections:
26.510.010
26.510.020
26.510.030
26.510.040
26.510.050
26.510.060
26.510.070
26.510.080
26.510.090
26.510.100
26.510.110
26.510.120
26.510.130
26.510.140
CHAPTER 26.510
SIGNS
Purpose.
Applicability and scope.
Procedure for sign permit approval.
Prohibited signs.
Sign measurement.
Sign setback.
Sign illumination.
Sign lettering, logos and graphic designs.
Structural characteristics.
Nonconforming signs.
Signs on public right-of-way.
Temporary signs.
Zone district sign restrictions.
Window displays.
26.510.010 Purpose.
The purpose of this Chapter is to promote the public health, safety and welfare
through a comprehensive system of reasonable, effective, consistent, content-neutral, and
nondiscriminatory sign standards and requirements.
Toward this end, the City Council finds that the City of Aspen is an historic
mountain resort community that has traditionally depended on a tourist economy.
Tourists, in part, are attracted to the visual quality and character of the city. Signage has a
significant impact on the visual character and quality of the city.
The proliferation of signs in the city would result in visual blight and
unattractiveness and would convey an image that is inconsistent with a high quality resort
environment. Effective sign control has preserved and enhanced the visual character of
other resort communities in Colorado and other states. The City of Aspen must compete
with many other Colorado, national and international resort communities for tourism
opportunities.
In order to preserve the City of Aspen as a desirable community in which to live,
vacation and conduct business, a pleasing, visually attractive environment is of foremost
importance.
I
These sign regulations are intended to:
A. Preserve and maintain the City of Aspen as a pleasing, visually attractive
environment.
B. Promote and accomplish the goals, policies and objectives of the Aspen Area
Comprehensive Plan.
C. Enhance the attractiveness and economic well-being of the City of Aspen as a
place to live, vacation and conduct business.
D. Address community needs relating to upgrading the quality of the tourist
experience, preserving the unique natural environment, preserving and enhancing the
high quality human existence, retaining the city's premier status in an increasingly
competitive resort market, preserving the historically and architecturally unique character
of the city, fostering the "village style" quality of the city, and preserving and enhancing
scemc vIews.
E. Enable the identification of places of residence and business.
F. Allow for the communication of information necessary for the conduct of
commerce.
G. Encourage signs that are appropriate to the zone district in which they are located
and consistent with the category of use to which they pertain.
H. Permit signs that are compatible with their surroundings and aid orientation, and
preclude placement in a manner that conceals or obstructs adjacent land uses or signs.
I. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
J. Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location and the nature of any
such business.
K. Establish sign size in relationship to the scale of the lot's street frontage and
building's street frontage along which the sign is to be placed.
1. Protect the public from the dangers of unsafe signs, and require signs to be
constructed, installed and maintained in a safe and satisfactory manner.
M. Lessen hazardous situations, confusion and visual clutter caused by proliferation,
improper placement, illumination, animation and excessive height, area and bulk of signs
which compete for the attention of pedestrian and vehicular traffic.
2
N. Regulate signs in a manner so as to not interfere with, obstruct vision of, or
distract motorists, bicyclists or pedestrians.
26.510.020 Applicability and scope.
This Chapter shall apply to all signs of whatever nature and wherever located
within the City of Aspen except for the Aspen Highlands Village PUD. Sign regulations
for Aspen Mountain PUD were approved as Citv Council Ordinance 43, Series of 2003.
No sign shall be allowed except as permitted by this Chapter. 2li.SlIUBO ProeedoFe feF
sign permit appFOyal.
26.510.030 Procedure for sign permit approval.
A. Permit required. It shall be unlawful to erect, place, construct, reconstruct, or
relocate any sign without first obtaining a sign permit from the Chief Building Official.
B. Exempt signs. The following signs or sign activities shall be exempt from
obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and
owner of the sign from the responsibility of complying with all applicable provisions of
this Title. The exemption shall apply to the requirement for a sign permit under this
Section.
1. Preventive maintenance. The ordinary preventative maintenance of a
lawfully existing sign which does not involve a change of placement, size, lighting, color
or height.
2. Repainting. The repainting of a lawfully existing sign exactly as it was
prior to such activity.
3. Banners, pennants, streamers, and balloons and other gas-filled figures.
Temporary banners, pennants, streamers, ana-balloons and inflatables -shall be permitted
per Section 26.510.11 O(B), Policies Regarding Signage on Public Propertv. Streamers
and balloons shall be permitted in association with a retail special event or sale of limited
duration. or other gaG filled figHres advertising a speeial eampaign, drive, acti'iity or
evcnt of 11 ci'iie, philanthropic, cducational, or religious organization for noncommereial
purpose~], subjeet to the following:
a. Loeation. Any slIeh temporarj' sign which eJltends over or onto a
public right of way shall be ereeted aHd maintained in slIeh a manner as to Hot interfcre
with or obstmet aeeess, activity, or visioH along all)' slIeh pHlllie right of 'i.ay, aRd shall
be slIbjeet to the w~itteH aj3proyal of the city mllflager.
b. Timing. Sueh tel'Rporary signs may be crected aHd maintained for a
period not to e)[eeed fourteen (1'1) days prior to the date of',vhieh the campaign. drive.
3
activity, or e'leR! advertiseEl is seHedHled to oeem afld sHall be removed within three (3)
days of the termination of saeH eampaign, drive, aetivity, or eyeR!.
e. Dimcllsions. Temporary signs shall not exceed fifty (50) square
feet in area.
4. Construction signs. One freestanding or wall sign along each lot line
frontage on a street for a site under construction not to exceed a total of two (2) signs per
site, which do not exceed six (6) square feet in area per sign, which are not illuminated,
and which identify individuals or companies involved in designing, constructing,
financing or developing a site under construction. Such signs may be erected and
maintained only for a period not to exceed thirty (30) days prior to commencement of
construction and shall be removed within fourteen (14) days of termination of
construction. A graphic design painted on a construction barricade shall be permitted in
addition to such signs, provided it does not identify or advertise a person, product, service
or business.
5. Directional or instructional signs. Signs, not exceeding six (6) inches by
thirty (30) inches in area, which provide direction or instruction to guide persons to
facilities intended to serve the public. Such signs include those identifying restrooms,
public telephones, public walkways, public entrances, freight entrances, affiliation with
motor clubs, acceptance of designated credit cards, and other similar signs providing
direction or instruction to persons using a facility but not including those signs accessory
to parking areas. Advertising material of any kind is strictly prohibited on directional and
instructional signs.
6. Fine art. Works of fine art which in no way identify or advertise a person,
product, service or business.
7. Flags. Flags, emblems and insignia of political or religious organizations
providing such flags, emblems and insignia are displayed for noncommercial purposes.
8. Government signs. Signs placed or erected by governmental agencies or
nonprofit civic associations for a public purpose in the public interest, for control of
traffic and for other regulatory purposes, street signs, warning signs, railroad crossing
signs, signs of public service companies indicating danger, and aids to service and safety
which are erected by, or for the order of government.
9. Historic designation. Signs placed on a historic building identifying the
structure as a property listed on the Aspen Inventory of Historic Landmark Sites and
Structures, which sign shall be a wall sign not to exceed six (6) square feet in area.
10. Holiday decorations. Noncommercial signs or other materials temporarily
displayed on traditionally accepted civic, patriotic, and/or religious holidays, provided
that such decorations are maintained in safe condition and do not constitute a fire hazard.
4
II. Incidental signs on vehicles. Signs placed on or affixed to vehicles or
trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in
no way intended to permit signs placed on or affixed to vehicles or trailers which are
parked on a public right-of-way, public property, or private property so as to be visible
from a public right-of-way where the apparent purpose is to advertise a product, service
or activity, or direct people to a business or activity located on the same or nearby
property.
12. Interior signs. Signs which are fully located within the interior of any
building, or within an enclosed lobby or court of any building, which are not visible from
the public right-of-way, adjacent lots or areas outside the building, and signs not to
exceed 30" x 42", located within the inner or outer lobby, court, or entrance of any theatre
which are intended solely for information relating to the interior operation of the building
in which they are located.
13. Mail boxes, including street address.
14. Memorial signs. Memorial plaques or tablets, grave markers, statutory
declaring names of buildings and date of erection when cut into any masonry surface or
when constructed of bronze or other incombustible materials, or other remembrances of
persons or events that are noncommercial in nature.
15. Menu signs and real estate picture boxes. One sign per use, with an area
not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet
wall of that portion of the principal building in which the use to which the sign applies is
located, and which advertises and/or identifies a restaurant menu, drinks, or foods
offered, or special activities incidental to drink and food service, or real estate offering.
16. Public notices. Official government notices and legal notices.
17. Residential name and address signs. One freestanding or wall sign per
detached dwelling unit or duplex unit, with an area not exceeding two (2) square feet,
which identifies the name of the occupant and the street address of the dwelling unit.
18. Shielded light in architectural design that complies with Section
26.575.150. Lights permanently at1ixed to a lmilding and made an integral part of the
bliilding architectlirally, designed for tRat lmilding, directed only at and not away from
the building, and shielded in slieh a maimer that the light source is filled and is not
directly visible from any Pliblic right of way or any area outside the lot on which the
building is located, provided SliCR lights are not flashing lights.
19. Vending machine signs. Permanent, nonflashing signs on vending
machines, gasoline pumps, ice or milk containers, or other similar machines indicating
only the contents of such devices, the pricing of the contents contained within, directional
or instructional information as to use, and other similar information not exceeding four
5
(4) square feet iH area for eaell e:cposed sigH faee nor e)ceeeding an aggregate sigH area of
eight (8) square feet.
20. Residential name and address signs. Every detached residential dwelling
unit or duplex unit may have mailbox or wall signs with an area not to exceed two (2)
square feet to identify the street address and the name( s) of the occupants.
21. Security signs. Every parcel may display security signs not to exceed an
area of six inches wide by six inches long (6" x 6"). Security signs may contain a
message, logo, or symbol alerting the public to the presence of a security system on the
premises. Security signs shall be of a neutral color. Security signs may not be placed in
the City right-of-way.
22. Timeshare identification signs. A building that is approved for exempt
timesharing, pursuant to Section 26.590.030, shall have a wall-mounted sign with an area
not exceeding two (2) square feet, stating that it has been approved for timesharing and
identifying the name and phone number of a contact person or management entity for the
property.
C. Application. A development application for a sign permit shall include the
following information:
I. That information required on the form provided by the Community
Development Director;
2. A letter of consent from the owner of the building, if the apj3lieant is Hot
the owner or a tenant;
3. Proposed location of the sign on the building or parcel;
4. A blueprint or ink drawing of the plans, specifications, and method of
construction of the sign and its supports, showing proposed dimensions, materials, and
colors and the type, intensity, and design of the sign's illumination, if any; and
5. The dimensions, measurements, and calculations of building frontages and
line frontages on streets and alleys; the dimensions of any other sign located on the
property; and any other information needed to calculate permitted sign area, height, type,
placement or other requirements of these regulations.
D. Determination of completeness. After a development application for a sign permit
has been received, the Community Development Director shall determine whether the
application is complete. If the Community Development Director determines that the
application is not complete, written notice shall be served on the applicant specifying the
deficiencies. The Community Development Director shall take no further action on the
application unless the deficiencies are remedied. If the application is determined
complete, the Community Development Director shall notify the applicant of its
6
completeness. A determination of completeness shall not constitute a determination of
compliance with the substantive requirements of this Chapter.
E. Determination of compliance. After reviewing the application and determining its
compliance and consistency with the purposes, requirements and standards in this
Chapter, the Community Development Director shall approve, approve with conditions or
deny the development application for a sign permit.
26.510.040 Prohibited signs.
The following signs are expressly prohibited for erection, construction, repair,
alteration, relocation or placement in the City of Aspen.
A. "A" frame, sandwich board and sidewalk or curb signs except as allowed per
Section 26.51O.130(D)(1)(e).
B. Billboards and other off-premise signs. Billboards and other off-premise signs,
including security company signs which do not comply with the regulations set forth in
Section 26.51 0.040(B)(20) and signs on benches, are prohibited, except as a temporary
sign as provided for in Section 26.510.120.
C. Flashing signs. Signs with lights or illuminations which flash, move, rotate,
scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical
pulsations.
D. Moving signs. Signs with visible moving, revolving, rotating parts, or visible
mechanical movement of any description or other apparent visible movement achieved
by electrical, electronic or mechanical means, including automatic electronically
controlled copy changes.
E. Neon and other gas-filled light tubes. Neon lights, televisions used for advertising
or information and other gas-filled light tubes, except when used for indirect illumination
and in such a manner as to not be directly exposed to public view.
F. Obsolete signs. A sign which identifies or advertises an activity, business,
product, service or special event no longer produced, conducted, performed or sold on the
premises upon which such sign is located. Such obsolete signs are hereby declared a
nuisance and shall be taken down by the owner, agent or person having the beneficial use
of such sign within ten (10) days after written notification from the Community
Development Director, and upon failure to comply with such notice within the time
specified in such order, the Community Development Director is hereby authorized to
cause removal of such sign, and any expense incident thereto shall be paid by the owner
ofthe property on which the sign was located. That an obsolete sign is nonconforming
shall not modify any of the requirements of this paragraph. Signs of historical character
shall not be subject to the provisions of this section. For the purpose of this section,
historical signs are defined to be those signs at least fifty (50) years in age or older.
7
G. Portable and wheeled signs except as allowed per Section 26.5 10. 130(D)(1 )(e).,
H. Roof signs.
I. Search lights or beacons.
.T. Signs causing direct glare. A sign or illumination that causes any direct glare into
or upon any public right-of-way, adjacent lot, or building other than the building to which
the sign may be accessory.
K. Signs containing untruthful or misleading information.
1. Signs creating optical illusion. Signs with optical illusion of movement by means
of a design which presents a pattern capable of reversible perspective, giving the illusion
of motion or changing of copy.
M. Signs obstructing egress. A sign which obstructs any window or door opening
used as a means of egress, prevents free passage from one part of a roof to any other part,
interferes with an opening required for legal ventilation, or is attached to or obstructs any
standpipe, fire escape or fire hydrant.
N. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers
which are parked on a public right-of-way, public property, or private property so as to be
visible from a public right-of-way where the apparent purpose is to advertise a product,
service or activity or direct people to a business or activity located on the same or nearby
property. However, this is not in any way intended to prohibit signs placed on or affixed
to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to
the primary use of the vehicle or trailer.
O. Signs in public right-of way. A sign in, on, over or above a public right-of-way
that in any way interferes with normal or emergency use of that right-of-way. Any sign
allowed in a public right-of-way may be ordered removed by the Community
Development Director upon notice if the normal or emergency use of that right-of-way is
changed to require its removal.
P. Strings oflight and strip lighting. Strip lighting outlining commercial structures
and used to attract attention for commercial purposes, and strings of light bulbs used in
any connection with commercial premises unless the lights shall be shielded.
Q. Unsafe signs. Any sign which:
I. Is structurally unsafe;
2. Constitutes a hazard to safety or health by reason of inadequate
maintenance or dilapidation;
8
3. Is not kept in good repair;
4. Is capable of causing electrical shocks to persons likely to come into
contact with it;
5. In any other way obstructs the view of, may be confused with, or purports
to be an official traffic sign, signal or device or any other official government regulatory
or informational sign;
6. Uses any words, phrases, symbols or characters implying the existence of
danger or the need for stopping or maneuvering of a motor vehicle, or creates, in any
other way, an unsafe distraction for vehicle operators or pedestrians;
7. Obstructs the view of vehicle operators or pedestrians entering a public
roadway from any parking area, service drive, public driveway, alley or other
thoroughfare;
8. Is located on trees, rocks, light poles, or utility poles, except where
required by law; or
9. Is located so as to conflict with the clear and open view of devices placed
by a public agency for controlling traffic or which obstructs a motorist's clear view of an
intersecting road, alley or major driveway.
R. Street blimps. Parked or traveling cars used primarily for advertising, sometimes
referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's
primary use is exempt. (Ord. No. 55-2000, S 13; Ord. No. 11-2001, S I)
S. Banners and pennants used for commercial purposes not associated with a special
event approved bv the Special Events Committee approval per Section 26.510.110(8).
26.510.050 Sign measurement.
A. General. In calculating the area allowance for signs in all zone districts, there
shall be taken into account all signs allowed therein including window decals and signs
identifying distinctive features and regional or national indications of approval of
facilities.
B. Sign area. Sign area shall be the area of the smallest geometric figure which
encompasses the facing of a sign including copy, insignia, background and borders,
provided that cut -out letter signs shall be considered wall signs and their aggregate area
shall be credited toward allowable sign area at one-half (1/2) the measured area.
C. Two or more faces. Where a sign has two (2) or more faces, the area of all faces
shall be included in determining the area of the sign, except where two (2) such faces are
9
placed back to back and are at no point more than two (2) feet from one another. The area
of the sign shall be taken as the area of the face if the two (2) faces are of equal area, or
as the area of the larger face if the two (2) faces are of unequal area.
26.510.060 Sign setback.
Signs are not subject to the setback requirements of the zone district where they
are located.
26.510.070 Sign illumination.
A. Prohibited illumination. No sign shall be illuminated through the use of internal
illumination, rear illumination, fluorescent illumination or neon or other gas tube
illumination, except when used for indirect illumination and in such a manner as to not be
directly exposed to public view.
B. Shielding illumination. Illumination of signs shall be designed, located, shielded
and directed in such a manner that the light source is fixed and is not directly visible
from, and does not cast glare or direct light from artificial illumination upon, any adjacent
public right-of-way, surrounding property, residential property or motorist's vision.
Illumination shall complv with Section 26.575.150.
26.510.080 Sign lettering, logos and graphic designs.
A. Lettering. No lettering on any sign, including cut-out letter signs, shall exceed
twelve (12) inches in height, except that the initial letter in each word shall not exceed
eighteen (18) inches in height.
B. Logos. No logo on any sign, including cut-out letter signs, shall exceed eighteen
(18) inches in height and eighteen (18) inches in length.
(Ord. No. 9-2002, (i13)
26.510.090 Structural characteristics.
The following limitations shall apply to all freestanding, projecting and wall
sIgns:
A. Freestanding signs. Freestanding signs shall not be higher than the principal
building or fifteen (15) feet, whichever is less, and shall be a minimum of eight (8) feet
above grade when located adjacent to a pedestrian way.
B. Projecting signs. Projecting signs shall not be higher than the eave line or parapet
wall of the top of the principal building, shall be a minimum of eight (8) feet above grade
when located adjacent to or projecting over a pedestrian way and shall not extend more
than four (4) feet from the building wall to which they are attached, except where such
sign is an integral part of an approved canopy or awning.
10
C. Wall signs. Wall signs shall not be higher than the eave line or parapet wall ofthe
top of the principal building, and no sign part, including cut-out letters, shall project more
than six (6) inches from the building wall.
26.510.100 Nonconforming signs.
Nonconforming signs which were in existence on or before May 25, 1988, shall
be discontinued on or before November 25, 1988.
26.510.110 Signs on public right-of-way.
A.-It shall be unlawful to erect or maintain any sign in, on, over or above any land or
right-of~way or on any property, including lightposts, belonging to the City of Aspen
without the permission of the City Council or in compliance with Section 26.510.11 O(B).
Policies Regarding Signage on Public Propertv. However, this section shall not be
deemed to apply to signs posted by any duly constituted public authorities in the
performance of their public duties, or to specific circumstances otherwise provided for in
this Chapter.
B. Policies Regarding Signage on Public Property
I. Purpose of Regulations. The purpose of these regulations is to establish
reasonable regulations for the posting of temporary signs, displays, and banners on
certain public property. The regulations herein include (a) signage on public rights-of-
way, (b) banners and flags on light posts on Main Street, (c) signs in City Parks, (d)
displays in City Parks, (e) signs hung across Main Street at Third Street and (f) signs on
public buildings. These regulations shall be read in conjunction with Chapter 26.510 of
the Aspen Municipal Land Use Code and are not intended to supercede the regulations of
signs as set forth therein.
Temporary signs and displays provide an important medium through which
individuals may convey a variety of noncommercial and commercial messages. However,
left completely unregulated, temporary signs and displays can become a threat to public
safety as a traffic hazard and detrimental to property values and the City's overall public
welfare as an aesthetic nuisance. These regulations are intended to supplement Chapter
26.510 of the Aspen Municipal Land Use Code and to assist City staff to implement the
regulations adopted by the Aspen City Council. These regulations are adopted to:
a. balance the rights of individuals to convey their messages through
temporary signs or displays and the right of the public to be protected against
unrestricted proliferation of signs and displays;
b. further the objectives of Chapter 26.510 of the Aspen Municipal Land Use
Code; and,
c. ensure the fair and consistent enforcement of the sign and display
regulations specified below.
II
Section 26.510.110 of the Aspen Municipal Land Use Code states, "it shall be
unlawful to erect or maintain any sign in, on, over or above any land or right-of-way or
on any property, including light posts, belonging to the City of Aspen without the
permission of the City Council." Sign permits issued by the City Manager, or his
designee, that are in conformance with these regulations shall constitute City Council
permission within the meaning of Section 26.510.110 of the Aspen Municipal Code.
Applications for sign permits that do not comply with these regulations shall be
forwarded to the City Council for consideration if requested by the applicant.
2. Definitions.
Unless otherwise indicated, the definitions of words used in these regulations
shall be the same as the definitions used in Chapter 26.510 of the Aspen Municipal Land
Use Code. In addition, the following definitions shall apply:
Banner means any sign of lightweight fabric, plastic, or similar material that is attached
to any structure, pole, line or vehicle and possessing characters, letters, illustrations or
ornamentations.
Banner, Light post means any sign of lightweight fabric, plastic, or similar material that is
attached to a light post and possessing characters, letters, illustrations or ornamentations
which meets the dimensional requirements for and is intended to be installed on municipal
light posts.
Display means any symbol or object that does not meet the definition of a sign as defined
in the Aspen Municipal Code, but like a sign is intended to convey a message to the
public.
Flag means any fabric or bunting containing distinctive colors, patterns or symbols, used as
a symbol of a govemment, political subdivision or other entity which meets the dimensional
requirements and is intended to be installed on muoicipallight posts.
Public right-of-way means the entire area between property boundaries which is owned
by a government, dedicated to the public use, or impressed with an easement for public
use; which is primarily used for pedestrian or vehicular travel; and which is publicly
maintained, in whole or in part, for such use; and includes without limitation the street,
gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, pedestrian malls,
and any public way.
Sign means and includes the definition for sign as contained in Section 26.104.100 of the
Aspen Municipal Code. The term shall also include "displays" as that term is defined
above.
Sil!:n. Inflatable means anv inflatable shape or figure designed or used to attract
12
attention to a business event or location. Inflatable promotional devices shall
be considered to be temporarv signs under the terms of this Chapter and.
where applicable. subiect to the regulations thereof.
3. Signs on Public Rights of Way
a. Purpose: The purpose of this policy is to regulate signs
permitted to be located temporarily in the public right-of-way. Temporary signs shall be
permitted in public rights-of-way to advertise noncommercial special events open to the
general public provided the following policies and procedures are followed. These
regulations do not apply to banners on the Main Street light posts or hanging across Main
Street that are subject to different regulations and criteria.
b. Size/Number/Material: Only two (2) signs per
event/organization shall be permitted. Signs shall not exceed ten (10) square feet each
and banners shall not exceed fifty (50) square feet. Banners must be made of nylon,
plastic, or similar type material. Paper signs and banners are prohibited.
c. Content: Signs authorized pursuant to this policy shall be
limited to signs that advertise the name, date, time and location of a special event for
noncommercial purposes. The City recognizes the success of special events often
depends on commercial sponsorship. Therefore, the City shall allow signs that contain
the name of the applicant and/or event, date, time, names and location of the event, as
well as sponsorship names and logos; provided, however, that the total sponsorship
information shall not be the most prominent information conveyed by the signs, and shall
take up no more the 30% of the total area ofthe individual signs.
d. Cost/Fees/Procedures:Applicants shall be required to pay the
necessary fees for approval from the Special Events Committee. Any event not requiring
review by the Special Events Committee shall submit a signs plan to the Community
Development Department for review and approval for a fee as outlined in Chapter 2.12 of
the Aspen Municipal Code. Applications must be received a minimum of thirty (30) days
prior to the event. The applicant shall also submit a refundable security deposit as
outlined in the current fee schedule to be applied to any damages, repairs or the cost of
removal if not corrected/removed by the applicant within three (3) days.
e. Eligibility: Signs authorized pursuant to this policy shall be
limited to a special campaign, drive, activity or event of a civic, philanthropic,
educational or religious organization for noncommercial purposes.
13
f. Duration: Temporary signs authorized pursuant to this section
shall be erected and maintained for a period not to exceed fourteen (14) days prior to the
date of which the campaign, drive or activity, or event advertised is scheduled to occur
and shall be removed within three (3) days of the termination of such campaign, drive,
activity or event. Small directional signs are permitted the day of the event only and
must be removed immediately following said event.
g. Maintenance: All signs and banners shall be maintained in an
attractive manner, shall not impede vehicular or pedestrian traffic, and shall not pose a
safety risk to the public.
h Exceptions: Any exceptions from the above requirements shall
require City Council review and approval.
4. Banners and Flags on Main St. Light Posts
a. Purpose: Banners and flags hung from light posts on Main
Street have traditionally been permitted to celebrate very special events of community
interest. The purpose of these policies and regulations is to clarify which events may be
celebrated and advertised through the use of banners or flags hung from the City-owned
light posts on Main Street. Banners hung from the Main Street light posts shall be
permitted for significant anniversaries (25th, 50th, 75th, and 100th) oflocal non-profit
organizations and for prominent local, regional, state or national events-. Prominent
local, regional, state or national events shall not include recurring annual events or events
that are not considered significant to a large segment of the community. The United
States, Colorado, Aspen, and foreign country flags shall be permitted at the discretion of
the City Manager, Mayor or City Council.
b. Size/Number/Material: All proposed banners or flags should
meet the City's specifications for size, mounting and material. Banners shall be 2' in
width by 4' in height to be compatible with mounting system on the light posts. Banners
and flags must be made of nylon, plastic or similar material. Paper banners and flags are
prohibitcdis not allowed.
c. Content: Banners shall only contain information identifying
the event, the date and time or a simple graphic/logo related to the event. Any
commercial advertising shall be minimized. so that any commercial content is not the
most prominent information conveyed on the banner or flag and shall be limited to no
more than 30% of the area of the sign. The City reserves the right to request changes to
the design, color or content in order to assist the applicant to comply with this
requirement.
d Cost/Fees/Procedures:The cost of installation is outlined in the
current fee schedule set forth at Chapter 2.12 of the Aspen Municipal Code. A
refundable security deposit as outlined in the current fee schedule shall be required to
assure replacement of damaged banners and retrieval of the banners from the City (see
Section H for maintenance requirements). The applicant shall be required to submit an
14
application to the City Manager's office showing the dimensions, design and colors oftbe
proposed banners or flags at least three (3) months prior to the event. Flags are required
to be delivered to the City Parks Department one week prior to the event. Banners shall
be delivered to the Utility Department on Fridays at least two (2) weeks prior to their
installation.
e. Eligibility: Only applications for significant anniversaries (25th,
50th, 75th, and 100th) of local non-profit organizations shall be eligible for consideration
pursuant to this policy. All other requests from other organizations or for other types of
events shall be forwarded to City Council.
f. Duration: The display of banners and flags on the Main St.
light posts shall not exceed fourteen (14) days or the duration of the event, whichever is
less.
g. Maintenance: Prior to the placement of banners or flags on
City street light posts, the applicant shall provide to the City a number of replacement
flags or banners to be determined by the City. These replacement flags or banners shall
be used by the City to replace banners or flags that are stolen or damaged. The cost of
replacing banners or flags shall be deducted from the security deposit. Once banners
have been removed, the applicant shall be required to pick up the banners from the City
within three (3) days.
h. Priority: Banner and flag applications shall be handled on a
first come, first serve basis. Applicants may be asked to alternate light posts with other
organizations. The City reserves the right to prioritize City sponsored events over other
applications.
i. Exceptions: Any exceptions from the above requirements shall
require City Council review and approval.
5. Signs in City of Aspen Parks Related to Special Events in the City Park.
a. Purpose: Unattended signs are generally prohibited in City
parks. Separate regulations apply to temporary unattended signs placed in Paepcke Park
(See below for those regulations.) The purpose of this policy is to regulate unattended
temporary signs that are permitted in limited circumstances in City parks. The City
recognizes that unattended temporary signs may be a necessary element to many special
events that are permitted in City parks in order to communicate general information to the
public and advertise services, products and offerings as well as sponsorship of the special
event. Accordingly, temporary unattended signs are permitted, subject to these policies,
when the signs are connected to a special event at a City park for which a permit has been
obtained from the City. Signs in City parks are typically temporary in nature, and review
occurs through the Special Event Committee.
b. Size/Number/Material: Unattended temporary signs located
in City parks shall be limited to ORe (1) banRer per booth ROt to e)(6eed fifty (50) ~]quare
15
feet total or Ol'le sign net to exceed ten (10) square feet limited in size to three (3) feet bv
six (6) feet. The number of signs oriented towards the event venue shall be unlimited and
the number of signs oriented towards the rights-of-wav shall be limited to five (5) which
shall not extent more than ten (10) feet above grade.- Banners must be made of nylon,
plastic or similar material. Paper banners and flags are prohibited. The Citv Council
mav approve one inflatable per event of no more than twentv (20) feet in height if a
suitable on-site location can be provided and if there is a demonstrable communitv
benefit to the event.
c. Content/Location: The sign's content may include general
information (i.e. dates, times, locations of activities) as well as advertisement of services,
products, offerings and sponsorship UP to 30% of the area of the sign. Unattended
temporary signs conveying a commercial message shall be set back at least ten (10) feet
from the public right-of-way and shall be oriented to the attendees of the e'ient.
d. Cost/Fees/Procedures:Applicants shall be required to pay the
necessary fees for approval from the Special Events Committee. Any event not requiring
review by the Special Events Committee shall submit a sign plan to the Community
Development Department for review and approval for a fee as outlined in the current fee
schedule. The applicant shall also submit a refundable security deposit as outlined in the
current fee ordinance to be applied to any damages, repairs or the cost of removal if not
corrected/removed by the applicant within three (3) days. The applicant shall receive the
necessary approval prior to the installation of any signs. Applications must be received
no later than thirty (30) days prior to the event.
e. Eligibility: Unattended temporary signs may be located in City
parks only for the following reasons: a special campaign, drive, activity or event for a
civic, philanthropic, educational or religious organization for noncommercial purposes
for which a special event permit has been obtained from the City. An exception to this
regulation is 6x30" directional signs for commercial organizations using City Parks.
f. Duration: Unattended temporary signs may be erected and
maintained only for the duration of the event, or forty-eight (48) hours, which ever is less.
All signs must be removed immediately following the event.
g. Maintenance: All signs must be maintained in an attractive
manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk
to the public. A $50.00 refundable security deposit will be required to insure compliance.
h. Exceptions: The Special Events Committee mav grant
exceptions to the size and number regulations if deemed an appropriate location and/or
event. Included in its evaluation, the Special Events Committee shall consider if there is
a demonstrable communitv benefit to the event. ,'.ny exeeJ3tions from the above
reqHiremonts shall require City Council review alld aJ3provalThe Special Events
Committee, at its discretion mav send anv requests for exceptions to Section
26.510.110(B)(5) to Citv COLlncil for review and approval.
16
_""_'''',~~--~.p'<--_'-''''----''-''-'.....,~~._~;.~,-~.
6. Unattended Temporary Signs in Paepcke Park
a. Purpose: Unattended signs in public parks are prohibited with the
exception to Paepcke Park. The purpose of this policy is to regulate the placement of
unattended temporary signs in Paepcke Park that are civic, philanthropic, educational or
religious in nature.
b. Size/Number/Material: Applicants are limited to one sign that shall
comply with the City of Aspen lighting and sign codes. The sign shall not to exceed fifty
(50) square feet in size. A total of 4 signs shall be permitted in Paepcke Park at any
single period of time and applications will be handled on a first come, first serve basis.
c. Content/Location: The content of the display and any signs
may not be commercial in nature. The applicant shall work with the City Parks
Department to find an appropriate location so that there is minimal impact on the park.
Displays may not be affixed on or near the gazebo, and shall not obstruct the view of the
gazebo from Main Street.
d. Cost/Fees/Procedures:The applicant shall pay an application fee
and a refundable security deposit as outlined in the current fee schedule to cover any
damages caused by the installation, maintenance or removal of the sign. The applicant
shall reimburse the Parks Department for any electric fees. An application shall be
submitted to the Community Development Department for review by the City Manager
or his/her designee. Applications shall be received no later than thirty (30) days prior to
the proposed installation of the object.
e. Eligibility: Civic, philanthropic, education or religious non-
profit organizations shall be eligible. The City reserves the right to deny any application
for a sign that would interfere in City-sponsored activities in the park.
f. Duration:
no more then fourteen (14) days.
Applicants are permitted to maintain their signs for
g. Maintenance: All signs shall be maintained in an attractive
manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk
to the public. The applicant must work with the City Parks Department regarding all
maintenance issues.
h. Exceptions: Any exceptions from the above requirements shall
require City Council review and approval.
6. Signs Across Main Street at Third Street
a. Purpose: The purpose of this policy is to regulate signs permitted
to be located temporarily across the Main Street right-of-way at Third Street. Temporary
signs shall be permitted in this location to advertise noncommercial special events open
to the general public provided the following policies and procedures are followed. These
17
regulations do not apply to banners on the Main Street light posts or signs other than
those hanging across Main Street at Third Street.
b. Size/Number/Material:
following specifications:
Banners must consist of the
(I) any type of durable material;
(2) semi-circular wind holes in banner
(3) metal rivets at all corners, and every 24 inches along the top
and bottom of the banner;
(4) size will be twelve (12) feet in length and three (3) feet in
width.
c. Content/Location: No commercial advertising will be allowed,
except in cases where a sponsoring entity's name is part of the name of the event. In
such cases the organization promoting the event may not construct the banner such that
sponsoring entity's commercial name is the most overwhelming aspect of the banner and
the sponsor's name and logo shall be limited to no more than 30% of area of the sign.
Political advertising on or located in the public right-of-way on public property (even by
a non-profit organization) is prohibited per Aspen Municipal Code 26.510.120
(C)(2)(b)(2).
d. Cost/Fees/Procedures:
(I) A Main Street Banner Application and Banner Policy and
Procedure form must be obtained from the City Manager's Office
and completed by the party making the request and returned to the
City Manager's Office no less than thirty (30) days prior to the
date requested to hang the banner.
(2) The exact legend of the banner must be indicated in writing
(see specific area on application form). For your benefit, it is
found that banners are most visually effective when kept simple:
i.e.: event, date, organization and logo.
(3) A fee of $50 per one-sided banner or $100 per double-sided
banner, per week, must accompany the application form and be
reviewed in the City Manager's Office 30 days prior to the date the
banner will be hung. All organizations will be charged the same
rate, accordingly.
(4) All banners should be delivered directly to the City Electric
Department, which is located in back of the post office at 219
Puppy Smith Road, by noon the Friday prior to the Monday hang
date. Any banner not delivered by noon the prior Friday is subject
to an additional $50 charge.
(5)Please pick up the banner from the Electric Department within
30 days after the display weekes). The City of Aspen assumes no
18
_.-,~-,.~...--~-,,~_....
responsibility for banners and any banners left more than 30 days
may be discarded.
e Eligibility: The City of Aspen provides space to hang four (4)
single-sided banners and two (2) double-sided banners across Main Street with the intent
of advertising community events, be it for Arts Organizations or Non-Profits and/or Not-
For-Profit Organizations. These six spaces are reserved on a first come, first serve basis.
Reservations will be taken each year on November I st for the following year. The first
organization to have their contract negotiated, signed and paid will be offered the banner
space on a first come, first serve basis.
f. Duration: One banner, per event, may be hung for a maximum
of 14 days, as per Municipal Code 26.510.030 (B)(3)(b). Banner approvals are not
guaranteed and will only be hung upon availability of the Electric Department staff. The
length of time that a banner is to be hung is not guaranteed, and may be shortened at the
discretion of the City. Based on his/her judgment as to the best interest of the City, the
City Manager may determine which banners are to be given priority when there are
multiple requests for the same time period.
g. Maintenance: All banners shall be maintained III an attractive
manner.
h. Exceptions: Any exceptions from the above requirements shall
require City Council review and approval.
7. Signs on Public Buildings
a. Signs on public buildings shall be prohibited.
26.510.120 Temporary signs.
A. General. No temporary sign is permitted within the city unless all other signs on
the property upon which the temporary sign is to be erected, placed or affixed and the
temporary sign itself conform to this Chapter.
B. Residential uses and residential zone districts. For all residential uses and
residential zone districts, only the following temporary signs are permitted, in addition to
the signs permitted under Section 26.510.130, and then only if accessory and incidental to
a permitted or conditional use:
1. Real estate for sale or rent sign. Temporary real estate signs advertising
the sale or rental of the property upon which the sign is located, subject to the following:
a. Type. The temporary real estate for sale or rent sign shall be a
freestanding or wall sign.
19
b. Number. There shall be not more than one temporary real estate for
sale or rent sign per let llllit.
c. Area. The area of the temporary sign shall not exceed three (3)
square feet.
d. Height. The height of the temporary sign shall not exceed five (5)
feet as measured from the grade at the base of the sign.
e. Special conditions. The temporary sign shall be removed within
seven (7) days of the sale or rental of the real estate upon which the sign is located.
2. Temporarv political signs. Temporarv political signs announcing political
candidates seeking public office, political parties, or political and public issues shall be
permitted.
C. Nonresidential uses and nonresidential zone districts. For all nonresidential uses
and nonresidential zone districts, only the following temporary signs are permitted, in
addition to the signs permitted under Section 26.510.130, and then only if accessory and
incidental to a permitted or conditional use:
I. Temporary sandwich board signs carried by a person. Temporary
sandwich board signs which are carried by a person and are advertising or identifying a
special, unique or limited activity, service, product or sale of a limited duration, or
identifying a restaurant menu, subject to the following:
a. Type. The temporary sandwich board shall be a sign carried by a
person.
b. Number. There shall be not more than one such temporary sign per
use at anyone time.
c. Area. The area of the temporary sign shall not exceed six (6)
square feet per side.
2. Temporary political signs. Temporary political signs announcing political
candidates seeking public office, political parties, or political and public issues shall be
permitted. There shall be no temporarv political signs permitted on or located in the
public right-of-way or on public propertv except as permitted per Section 26.510.110(B)
Policies Regarding Signage on Public Propeliv.sHbject to the folloy,'ing:
a. Type. The temporary political sign shall be a wall sign or baHner.
b. NHmber.
20
(I) Priyate property. THere sHa1l Rot be more tHaFl one
temporary politieal sign for eaeH Hse.
(2) PHblie rigHt of way. THere sHa1l be no temporary political
signs pennitted on or located in tHe pHblie right of '.val' or on pHblic property.
e. ,A.rea. The area of teHlflorary politieal signs SHall Rot eJ,ceed foar
( 4) sqHare fcet.
d. Height. Temporary jlolitieal signs sha1l Rot projeet higHer tHaR the
eaye line or parapet wall of tHat portioR of tHe jlriReipal bHilding in 'Shieh the applieallt
viho applied for the sigR is located, if it is a wall sigR.
e. Dmatien. Temporary politieal signs may be ereeted or maiRtained
for a period not to eJ,seed thirty (30) days prior to tHe date of tHe eleetion to whiSH sHch
signs are applicable, and SHall be remoyed witHin seyen (7) days following SUCH eleetion.
Temporary politieal SigHS concerning issHes or eandidates which arc not on a ballot nlay
be maintained for a period not to exseed tHirty (30) days.
3. Temporary sale signs. Temporary sale signs, announcing special sales of
products and services, shall be subject to the f01l0wing:
a. Type. The temporary sale sign sha1l be placed in the window or
windows of the business holding the sale.
b. Number. There shall be permitted not more than one (I) temporary
sale sign in any window, and a total of not more than three (3) temporary sale signs for
each use.
c. Area. Each temporary sale sign shall not exceed three (3) square
feet.
d. Duration. E){eept for the end of season period of March 1 through
April 15, tlemporary sale signs may be maintained for a period not to exceed fourteen
(14) days, and sha1l be removed at the end of the fourteen (14) days or on the day
following the end of the sale, whichever sha1l occur first, and shall not be replaced for at
least two CD months following the removal of the sign(s).
Temporary sale signs may Be maintained dming the eRd of season period
of March 1 througH .^.pril 15 proyided that they are remo','ed f-01l0wing the end of the sale
and no temporary sale sigR has been displayed for a period of thirty (30) days
immediately preeeding the display aHd, ]3r8yided fHrther, that no tem]3orary sale signs
shall be ]3ermitted for a three (3) month ]3eriod following the display of end of season
stgfl&
4. Real estate for sale or rent sign. Temporarv real estate signs advertising
the sale or rental of the propertv upon which the sign is located. subiect to the following:
21
.--.."...._..__________~"'""__,__.."~.._,.'c.'.._
a. Tvpe. The temporarv real estate for sale or rent sign shall be a
freestanding or wall sign.
b. Number. There shall be not more than one temporarv real estate for
sale or rent sign per ll1lit.
c. Area. The area of the temporarv sign shall not exceed three (3) square feet.
d. Height. The height of the temporarY sign shall not exceed five (5)
feet as measured from the grade at the base of the sign.
e. Special conditions. The temporarv sign shall be removed within
seven (7) davs of the sale or rental of the real estate upon which the sign is located.
26.510.130 Zone district sign restrictions.
A. Residential uses. For all residential uses, only temporary signs permitted under
Section 26.510.120 and the following signs are permitted and then only if accessory and
incidental to a permitted or conditional use:
I. Home occupation, multiple-family dwelling complex, or mobile home
park identification signs.
a. Type. The home occupation, multiple family dwelling complex, or
mobile home park identification signs shall be freestanding signs or wall signs.
b. Number. There shall be not more than one freestanding or wall
sign per home occupation, or per street entrance of a multiple-family dwelling complex
or mobile home park.
c. Area. The area of the sign shall not exceed two (2) square feet per
dwelling unit, and shall not exceed a total of twenty (20) square feet.
d. 1l1umination. A home occupation identification sign may be
illuminated only when it is identifying a home occupation of an emergency service
nature. A multiple-family dwelling complex or mobile home park identification sign may
be illuminated.
B. Institutional uses. For all church, school and public administrative building uses,
only temporary signs permitted under Section 26.510.120 and the following signs are
permitted and then only if necessary and incidental to a permitted or conditional use:
I. Church, school or public administrative building identification signs.
22
a. Type. The church, school or public administrative building
identification sign shall be a freestanding or wall sign.
b. Number. There shall be not more than two (2) signs permitted
along the lot frontage on anyone street, not to exceed a total of four (4) signs per lot,
subject to the area requirements in Section 26.510.130 (B)(1)( c).
c. Area.
(I) Freestanding sign. The area of a freestanding sign shall not
exceed ten (10) square feet.
(2) Wall sign. The area of a wall sign shall not exceed ten (10)
square feet.
(3) Aggregate sign area. The aggregate sign area permitted
along the lot frontage on anyone street shall not exceed one square foot of aggregate sign
area for each three (3) feet oflot line frontage occupied by or projected from the building
within which the principal use is conducted. The aggregate sign area permitted along the
lot frontage on any alley shall be computed as if the alley were a street. In no case shall
the aggregate sign area for anyone use on anyone frontage exceed twenty (20) square
feet.
(4) Illumination. The sign may be illuminated except when
located in a residential zone district.
C. Recreation club or open use recreation site uses. For all recreation club or open
use recreation site uses, only temporary signs permitted under Section 26.510.120 and the
following signs are permitted and then only if necessary and incidental to a permitted or
conditional use:
I. Recreation club or open use recreation site designation signs.
a. Type. The recreation club or open use recreation site designation
sign shall be a freestanding or wall sign.
b. Number. There shall be not more than one sign per use permitted
along the lot frontage on anyone street, not to exceed a total of two (2) signs per lot,
subject to the area requirements in Section 26.510.130 (C)(1)(c).
c. Area.
(I) Freestanding sign. The area of a freestanding sign shall not
exceed ten (10) square feet.
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(2) Wall sign. The area of a wall sign shall not exceed ten (10)
square feet.
(3) Aggregate sign area. The aggregate sign area permitted
along the lot frontage on anyone street shall not exceed one square foot of aggregate sign
area for each three (3) feet oflot line frontage occupied by or projected from the area of
the lot within which the principal use is conducted. The aggregate sign area permitted
along the lot frontage on any alley shall be computed as if the alley were a street. In no
case shall the aggregate sign area for anyone frontage exceed twenty (20) square feet.
(4) Illumination. The sign may be illuminated only during
hours of normal operation.
D. Commercial uses. For all Commercial Core (CC), Commercial (C-I),
Lodge/Tourist Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL),
Neighborhood Comml<rcial (NC), Office (0) or Service/ Commercial/Industrial (SCI)
zone district uses, only temporary signs permitted under Section 26.510.120 and the
following signs are permitted and then only if accessory and incidental to a permitted or
conditional use:
I. Business or occupancy identification signs.
a. Type. The business and occupancy identification signs shall be
freestanding signs, projecting signs, wall signs, including cutout letter signs, or lettering
on awmngs.
b. Number. There shall be not more than a combination of two (2) of
the following three (3) types of signs: ooe-freestanding-sign~ per use, ooe-projecting sign~
per ll~Je, and/or ooe-wall sign~, including a cut-out letter sign, per loise, subject to the area
requirements in Section 26.5 10. 130(D)(I )( c). In addition, there shall be no limit on the
number of business and occupancy identification signs which may be placed in the
windows of the business; provided, that said signs shall count against the aggregate sign
area permitted as if the window sign was a cut-out letter sign. There shall also be no limit
on the number of awnings which may be lettered; provided, that said signs shall count
against the aggregate sign area permitted as if the window sign was a cut-out letter sign.
c. Area.
(1) Freestanding sign. The area of a freestanding sign shall not
exceed ten (10) square feet.
(2) Projecting sign. The area of a projecting sign shall not
exceed six (6) square feet.
(3) Wall sign. The area of a wall sign shall not exceed ten (10)
sq uare feet.
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(4 ) Awning sign. The area of an awning sign shall not be
limited, but the lettering on the awning shall not exceed six (6) inches in height.
(5) Aggregate sign area. The aggregate sign area permitted
along the lot frontage on anyone street shall not exceed one square foot of aggregate sign
area for each three (3) feet of lot line frontage occupied by or projected from the building
within which the principal use is conducted. The aggregate sign area permitted along the
lot frontage on any alley shall be computed as ifthe alley were a street. If there is more
than one use or tenant within the principal building, then the aggregate sign area
permitted for each use or tenant within the building shall be that portion of the aggregate
sign area as agreed upon by the owner(s) and occupant(s) of the building. The
Community Development Director shall be notified of such agreement and the respective
proportionate shares of signage. In no case shall the aggregate sign area for anyone use
on anyone frontage exceed twenty (20) square feet.
d.Eh Location. The business and occupancy identification signs shall be
located on the business being identified, unless the business does not have frontage at
street grade. For such businesses, one sign may be located on the business being
identified and the other sign may be included in a business directory sign.
e. Portable and sandwich board signs. Portable and sandwich board
signs shall be permitted in the Commercial Core (CC) and Commercial (C-l) zone
districts. POliable and sandwich board signs are limited to the advertisement of Retail
and Restaurant Uses. Portable and sandwich board signs are prohibited for Office Uses.
(I) Portable sandwich board signs are limited to nine (9) square
feet in size and shall not count in the aggregate sign area.
(2) Businesses are limited to one sandwich board or portable sign
per business.
(3) Portable sandwich board signs must be made primarilv of
wood or metal and must have a professional finish.
(4) Insets must be chalkboard. Drv erase boards are prohibited.
(5) A six (6) foot travel width must be maintained on sidewalks
and a eight (8) foot travel width on the pedestrian malls.
(6) Sandwich board and portable signs are not permitted on rights
of wav or pedestrian malls overnight.
(7) A separate sandwich board sign permit must be approved bv
the Chief Building Oflicial.
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2. Business directory signs.
a. Type. The business directory signs shall be wall signs or
freestanding signs.
b. Number. There shall be not more than one business directory sign
per lot.
c. Area. The maximum permitted area of the business directory sign
shall be as follows:
For I to 5 businesses--One square foot of sign area per business.
For 6 to 10 businesses--Five square feet plus 1/2 square foot for
each business over five businesses.
For more than 10 businesses--7 1/2 square feet, plus 1/4 square
foot for each business over ten businesses, to a maximum sign area of 10 square feet.
26.510.140 Window displays.
Window displays of merchandise, and representations thereof, are not subject to
sign regulations, sign square footage, and do not require a sign permit, except the
following are prohibited in window displays:
lat Televisions, computer monitors, or other similar technological devices that
create oscillating light.
:;!bt Neon or other gas tube illumination, rope lighting or low-voltage strip-
lighting.
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EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS
REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations
And Official Zone District Map, at Section 26.92.020 provides nine (A-I) standards for
City Council and the Planning and Zoning Commission's review of proposed
amendments to the text of the Land Use Code. These standards and Staffs evaluation of
the potential amendments relative to them are provided below, with the standard in italics
followed by the Staff "response."
A. Whether the proposed amendment is in conflict with any applicable portions
olthis title.
RESPONSE: The proposed amendments would not be in conflict with any applicable
portions of the Aspen Municipal Code.
B. Whether the proposed amendment is consistent with all elements of the A,pen
Area Comprehensive Plan.
RESPONSE: None of the proposed amendments would be III conflict with any
elements of the AACP.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land uses and neighborhood
characteristics.
RESPONSE: The code amendments proposed will not affect compatibility of existing
land uses and neighborhood characteristics.
D. The effect of the proposed amendment on traffic generation and road salety.
RESPONSE: The proposed code amendments are not anticipated to have any effect on
traffic generation or road safety.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity ol such public facilities,
including but not limited to transportation facilities, sewage facilities, water
supply, parks, drainage, schools. and emergency medicalfacilities.
RESPONSE: The proposed code amendments are not anticipated to have an impact on
infrastructure or infrastructure capacities.
F Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
RESPONSE: The proposed code amendments are not anticipated to have an ef1ect on the
natural environment except to preserve and enhance.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
RESPONSE: These code amendments will be consistent and compatible with the
community character in the City of Aspen.
H Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
RESPONSE: No specific parcels or neighborhoods are impacted by these amendments.
1. Whether the proposed amendment would be in conflict with the public
interest. and is in harmony with the purpose and intent of this title.
RESPONSE: Staff believes the proposed amendments will not be in conflict with the
public interest, and are in harmony with the purpose and intent of this title.
2