HomeMy WebLinkAboutordinance.council.005-05ORDINANCE 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 - UTILITY/TRASH/RECYCLE 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 Depa~:h~ant to
propose amendments to the Land Use Code, part of the City of Aspen Municipal Code,
related to the Infill Report, a report developed by a city-commissioned advisory group,
the Infill Advisory Group, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the purpose of the Infill Program is to implement action items
identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a
report commissioned by the City of Aspen in 2000), recommendations of the Infill Report
(a report produced by the Infill Advisory Group in January, 2002), and the
Recommendations of the Economic Sustainability Committee (a joint project between the
City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute
Community Forum concluded in September, 2002) that call for:
· intensification 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 of 2005
Page 1 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 1, 2002, continued to October 8, 2002, continued to October 15,
2002, continued to October 22, 2002, continued to October 29, 2002, continued to
November 5, 2002, continued to November 12, 2002, continued to November 19, 2002,
continued to November 26, 2002, continued to December 10, 2002, and continued to
December 17, 2002, took and considered public testimony at each of the aforementioned
heating dates and the recommendation of the Community Development Director and
recommended, by a five to one (5-1) vote, City Council adopt the proposed amendments
to the land use code by amending the text of the above noted Chapters and Sections of the
Land Use Code; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Chapter 26.412, Commercial Design Review, which Chapter describes process and
criteria for reviewing the design of commercial, lodging, and mixed-use buildings, shall
read as follows:
26.412
COMMERCIAL DESIGN REVIEW
26.412.010 Purpose.
26.412.020 Authority.
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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 eormnereial
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 fi:om facades of buildings and the streets they face. By
requiring certain building elements to be incorporated in the design of new and
remodeled buildings, storefi:onts 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 streetseapes. The standards prescribe certain
methods of accommodating on-site parking to achieve environments conducive to
walking.
Acknowledgement of the context that has been established by the existing built
environment is important to protecting the uniqueness of the town. To achieve
compatibility, certain standards require building elements to be influenced by adjoining
development, views, pedestrian malls, or sun angles.
Finally, along with creating architecturally interesting and lively primary streets, the
pedestrian nature of downtown can be further enhanced by making alleys an attractive
place to walk. Store entrances and display windows along alleyways are encouraged to
augment, while not detracting fi.om, the pedestrian interest of primary streets.
26.412.020 Authority.
The Planning and Zoning Commission, in accordance with the procedures, standards, and
limitations of this Chapter and of Common Development Review Procedures, Section
26.304, shall approve, approve with conditions, or disapprove a land use application for
Commercial Design Review, pursuant to Section 26.412.050, Review Criteria.
If the land use application is subject to review by the Historic Preservation Commission
and the application has been approved for a combined review process, pursuant to
Section 26.304.060.B - Combined Reviews, the Historic Preservation Commission shall
approve, approve with conditions, or disapprove the land use application for Commercial
Design Review, pursuant to Section 26.412.050, Review Criteria.
Ordinance No. 5, Series of 2005
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26.412.030 Applicability. This section applies to all commercial, lodging, and mixed-
used development with a commercial component, within the City of Aspen requiring a
building permit.
Applications for commercial development may be exempted from the provisions of this
section by the Community Development Director if the development is:
1. An addition or remodel of an existing structure that either does not change the
exterior of the building or, in the opinion of the Community Development
Director, changes the exterior in such a minimal manner as to not justify this
review.
2. A remodel of a structure where proposed alterations affect aspects of the exterior
of the building not addressed by the Commercial Design Standards of Section
26.412.060.
3. A development activity not subject to any other reviews requiring approval by
either the Planning and Zoning Commission or the Historic Preservation
Commission.
26.412.040 Procedure
,4. Pre-~lpplication.
Pursuant to Section 26.304.020, Pre-Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department
to clarify the requirements of this section and to determine if a project may be
exempted from the provisions of this section. This step is not mandatory.
B. ,4pplication.
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 Commemial Design Review shall be forwarded to the Planning and
Zoning Commission along with a recommendatinn 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
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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
1. 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
26.412.090.
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:
1. The proposed development meets the requirements of Section 26.412.060,
Commercial Design Standards or any deviation from the Standards provides a
more-appealing pattern of development considering the context in which the
development is proposed and the purpose of the particular standard. Unique site
Ordinance No. 5, Series of 2005
Page 5 of 16
constraints can justify a deviation fi.om the Standards. Compliance with Section
26.412.070, Suggested Design Elements, is not required but may be used to
justify a deviation fi.om the Standards.
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 fagade of the building may be required to comply with this section.
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:
.4. Building Relationship to Primary Streea
A street wall is comprised of buildings facing principal streets and public pedestrian
spaces. Consistent street walls provide a sense of a coherent district and frame an
outdoor room. Interruptions in this enclosure can lessen the quality of a commercial
street. Comer buildings are especially important, in that they are more visible and their
scale and proportion affects the street walls of two streets. Well-designed and located
pedestrian open spaces can positively affect the quality of the district, while remnant or
leftover spaces can detract from the downtown. A building's relationship to the street is
entirely important to the quality of the downtown pedestrian environment. Split-level
retail and large vertical separations from the sidewalk can disrupt the coherence of a retail
district. The following standards shall apply:
1. Building facades shall be parallel to the adjoining primary streets. Minor
elements of the building faCade 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 fi.om 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. Commemial buildings shall be developed with the first floor at, or within two (2)
feet above, the level of the adjoining sidewalk, or fight-of-way if no sidewalk
exists. "Split-level" retail fi'ontage is prohibited.
5. Commercial buildings incorporating a setback fi.om a primary street shall not
incorporate a substantial grade change between the building fagade and the public
right-of-way. "Moats" surrounding buildings are prohibited.
Ordinance No. 5, Series of 2005
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:
1. 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 fi:om
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 storefi:ont design can
make an entire district inviting and pedestrian friendly. Unappealing storefi:ont design
can become a detriment to the vitality ora commercial district. In order to be an effective
facility for the sale of goods and services, the storefi:ont has traditionally been used as a
tool to present those goods and services to the passing pedestrian (potential customer).
Because of this function, the storefi:ont has traditionally been as transparent as possible to
allow maximum visibility to the interior. The following standards shall apply:
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Page 7 of 16
1. Unarticulated, blank walls are prohibited. Fenestration, or an alternate means of
fagade articulation, is required on all exterior walls.
2. Retail buildings shall incorporate, at a minimum, a 60% fenestration ratio on
exterior street-level walls facing primary streets. (For example: each street-level
wall of a retail building that faces a primary street must be comprised of at least
60% fenestration penetrations and no more than 40% solid materials.) This
provision may be reduced or waived for lodging properties with no, or limited,
street-level retail, office buildings with no retail component, and for
Service/Commercial/Industrial buildings.
3. Building entrances shall be well-defined and apparent.
4. Building entrances shall be designed to accommodate an internal aiflock 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:
1. Parking shall only be accessed from alleyways, unless such access is unavailable
or an unreasonable design solution in which case access from a primary street
shall be designed in a manner that minimizes disruption of the pedestrian
environment.
2. Surface parking shall not be located between the Street right-of-way and the
building fagade.
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
fagade 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:
1. A utility, trash, and recycle service area shall be accommodated along the alley
meeting the minimum standards established by Section 26.575.060
Ordinance No. 5, Series of 2005
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 fi.om 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 fi.om 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.
,4. $ienaee:
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. Display windows:
Display windows provide pedestrian interest and can contribute to the success of the
retail space. Providing windows that reveal inside activity of the store can provide
this pedestrian interest.
C. Lightin£:
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 of 2005
Page 9 of 16
D. Original Townsite Articulation:
Buildings spanning more than one Original Townsite Lot should incorporate facade
expressions coincidental with these original parcel boundaries to reinfome historic
scale. This may be inappropriate in some circumstances, such as on large comer lots.
E. Architectural Features:
Parapet walls should be used to shield mechanical equipment from pedestrian views.
Aligning comices 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 Amendmen~
An insubstantial amendment to a Commercial Design Review approval may be
authorized by the Community Development Director if:
1. The change is in conformance with the Design Standards, Section 26.412.060, the
change represents a minimal affect on the aesthetics of the proposed development, or
the change is consistent with representations made during the original review
concerning potential changes of the development proposal considered appropriate by
the decision-making body; and,
2. The change requires no other land use action requiring review by the Planning and
Zoning Commission.
B. Other Amendments.
All other amendments to a Commercial Design Review approval shall be reviewed
pursuant to the standards and procedures of this Section.
26.412.090 Appeals.
An applicant aggrieved by a determination made by the Planning and Zoning
Commission, or the Historic Preservation Commission as applicable, pursuant to this
Chapter, may appeal the decision to the City Council, pursuant to the procedures and
standards of Section 26.316, Appeals.
Section 2:
Section 26.575.030, Pedestrian Amenity, which section authorizes, describes, and
regulates requirements for development to provide pedestrian amenities, shall
read as follows:
26.575.030 Pedestrian Amenity
A. Purpos& 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 of 2005
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 Requiremena 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 redevelopmen0 percentage shall be the
effective requirement provided no less than ten (10) percent is required. For
redevelopment of parcels in which ten (10) percent of the parcel is the requirement,
provision of a cash-in-lien payment shall be automatically permitted with no further
review.
Exempt from these provisions shall be development consisting entirely of residential
uses. Also exempt fi'om 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
C. Provision of Pedestrian Amenity.
The Planning and Zoning Commission, pursuant to the review procedures and criteria of
Section 26.412 - Commercial Design Review, shall determine the appropriate method or
combination of methods for providing this required amenity. Any combination of the
following methods may be used such that the standard is reached.
1. On-Site Provision of Pedestrian 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. Off-Site Provision of Pedestrian Amenity. Proposed pedestrian amenities and
improvements to the pedestt/an 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-lien 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-lien payment
Ordinance No. 5, Series of 2005
Page 11 of 16
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.
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 Requiremena 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:
1. When the Historic Preservation Commission approves the on-site relocation of a
Historic Landmark such that the amount of on-site pedestrian space is reduced
below that required by this Chapter.
2. When the manner in which a Historic Landmark building was originally
developed reduces the amount of on-site pedestrian amenity required by this
Chapter.
3. When the redevelopment or expansion of a Historic Landmark constitutes an
exemplary preservation effort deserving of an incentive or reward.
E. Payment in lieu. When the method of providing pedestrian amenity includes a
cash-in-lieu payment, the following provisions and limitations shall apply:
Formula for determining cash-in-lieu payment:
Payment = [Land Value] x [Pedestrian Amenity Percentage]
Where: Land Value = Value of the unimproved land.
Pedestrian Amenity Percentage = Percent of the parcel required to
be provided as a pedestrian amenity, pursuant to Section
26.575.030(B) lessened by other methods of providing the
amenity.
Land Value shall be the lesser of fifty (50) dollars per square foot multiplied by
the number of square feet constituting the parcel or the appraised value of the
unimproved property, determined by the submission of a current appraisal
performed by a qualified professional real estate appraiser and verified by the
Community Development Director. An applicant may only waive the current
appraisal requirement by accepting the fifty (50) dollar per square foot standard.
Ordinance No. 5, Series of 2005
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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-lien 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 (1) year following the end of the seventh (7th)
year from the date payment was received.
For the purpose of this section, payments shall be spent in the order in which they
are received. Any payment made for a project for which a building permit is
canceled, due to non-commencement of construction, may be refunded if a
petition for refund is submitted to the finance director within three (3) months of
the date of the cancellation of the building permit. All petitions 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.
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.
Open to Sky. Pedestrian amenity areas shall be open to the sky. Temporary and
seasonal coverings, such as umbrellas and retractable canopies are permitted.
Such non-permanent structures shall not be considered as floor area or a reduction
in pedestrian amenity on the parcel.
Trellis structures shall only be permitted in conjunction with commercial
restaurant uses on a designated Historic Landmark or within (H) Historic overlay
zones and must be approved pursuant to review requirements contained in
Ordinance No. 5, Series of 2005
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.
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.
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.
Landscaping 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.
Maintenance of Landscaping. Whenever the landscaping required herein is not
maintained, the Chief Building Official, after thirty (30) days written notice to the
owner or occupant of the property, may revoke the certificate of occupancy until
said party complies with the landscaping requirements of this section.
Commercial Activity. No area of a building site designated as required pedestrian
amenity space under this section shall be used for any commercial activity,
including, but not limited to, the storage, display, and merchandising of goods and
services; provided, however, that the prohibition of this subsection shall not apply
when such use is in conjunction with permitted commercial activity on an
abutting right-of-way or is otherwise permitted by the City. For outdoor food
vending in the Commercial Core District, also see Section 26.470.040(B)(3),
Administrative Growth Management Review.
10. Commercial Restaurant Use. The provisions above notwithstanding, required
pedestrian amenity space may be used for commercial restaurant use if adequate
pedestrian and emergency vehicle access is maintained.
Ordinance No. 5, Series of 2005
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.
General The following provisions shall apply to all utility/trash service areas:
1. If the property adjoins an alleyway, the utility/trash/recycle service area shall
be along and accessed from the alleyway. Unless entirely located on an
alleyway, all utility/trash service areas shall be fenced so as not to be visible
from the street, and such fences shall be six (6) feet high from grade. All
fences shall be of sound construction and shall be no less than 90% opaque.
2. Whenever this Title shall require that an utility/trash/recycle service area be
provided abutting an alley, buildings may extend to the rear property line if
otherwise allowed by this title provided that an open area is providad 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 opcratc as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or mended as herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 6:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Ordinance No. 5, Series of 2005
Page 15 of 16
Section 7:
A public hearing on the Ordinance was held on the 28t~ 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 10~ of January, 2005.
Attest:
~C~i~ ~ let' k~~
FINALLY, adopted, passed and approved this 28~ day of March, 2005.
Attest:
Approved as to form:
C:~home~inflll\Com_Design\ComDesignPedAmen-Ord.doc
Ordinance No. 5, Series of 2005
Page 16 of 16