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HomeMy WebLinkAboutresolution.apz.003-12 RESOLUTION No. 3 (Series of 2012) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION, ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT CODE AMENDMNETS RELATED TO THE REVIEW CRITERIA REQUIRING COMPLIANCE WITH THE ASPEN AREA COMMUNITY PLAN (AACP) AND ADDING NEIGHBORHOOD OUTREACH REQUIREMENTS TO THE LAND USE CODE: 26.304 — COMMON DEVELOPMENT REVIEW PROCEDURES; 26.310.040 AND 26.310.050 — AMENDMENTS TO THE LAND USE VODE AND OFFICIAL ZONE DISTRICT MAP; 26.314.040 — VARIANCES; 26.425.040 — CONDITIONAL USES; 26.435.030 — DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS (ESA), 8040 GREENLINE REVIEW; 26.435.040 — DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS (ESA), STREAM MARGIN REVIEW; 26.440.050 — SPECIALLY PLANNED AREA (SPA); 26.445. — PLANNED UNIT DEVELOPMENT (PUD); 26.470.030 — GROWTH MANAGEMENT QUOTA SYSTEM (GMQS); 26.470.050 — GROWTH MANAGEMENT QUOTA SYSTEM (GMQS); 26.480.050 — SUBDIVISION; 26.515.040 — OFF - STREET PARKING. WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of Aspen Land Use Code, the Director of the Community Development Department initiated amendments to the Land Use Code related to compliance with the Aspen Area Community Plan (AACP) and neighborhood outreach to reflect the fact that the 2011 /2012 AACP update is being adopted as a guiding document; 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 hearirp. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.304 — Common Development Review Procedures, 26.310.040 — Amendments to the Land Use Code and Official Zone District Map, 26.314 — Variances, 26.425.040 — Conditional Uses, 26.435.030 — ESA 8040 Greenline Review, 26.435.040 — ESA Stream Margin Review, 26.440.050 — SPA, 26.445 — PUD, 26.470 — Growth Management Quota System (GMQS), 26.480.050 — Subdivision, and 26.515.040 — Off - Street Parking; and, WHEREAS, during a duly noticed public hearing opened on January 10, 2012, continued to January 17, 2012 and January 31, 2012, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Sections 26.304 — Common Development Review Procedures, 26.310.040 — Amendments to the Land Use Code and Official Zone District Map, 26.314 — Variances, 26.425.040 — Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 1 of 15 Conditional Uses, 26.435.030 — ESA 8040 Greenline Review, 26.435.040 — ESA Stream Margin Review, 26.440.050 — SPA, 26.445 — PUD, 26.470 — Growth Management Quota System (GMQS), 26.480.050 — Subdivision, and 26.515.040 — Off - Street Parking, as described herein, by a five — zero. (5 -0) vote; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310 and that the approval of the amendments is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, the amendments to the Land Use Code are delineated as follows: Text unaffected is black and in standard print and looks like this. Text being removed is re with strikethrough and looks like this. Text being added to the code is green with underline and looks like this. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: 26.304.020.B — Common Development Review Procedures, Pre - application conference, Issues of discussion, shall be amended as follows: B. Issues of discussion. Issues that may be discussed at the pre - application conference may include, but are not limited to, the following: 1. Proposed development. The applicant should describe the general nature of the proposed development including, if applicable, proposed land uses and their densities; proposed placement of buildings, structures and other improvements; character and location of common open space or treatment of public uses; preservation of natural features; preservation of properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; protection of environmentally sensitive areas; proposed off - street parking and internal traffic circulation and total ground coverage of paved areas and structures. 2. Review procedure. The Community Development Department staff member shall identify procedural review requirements for the proposed development and applicable review standards and terms of this Title that apply to the review of the proposed development. This should include identifying those stages of the common review procedure which apply, which decision - making body or bodies will review the development application and the approximate length of the development review procedure. 3. Referral agencies. The Community Development Department staff member shall identify the City, State and Federal agencies that are required to review the Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 2 of 15 proposed development, provide the applicant with persons at these agencies to contact about review procedures and generally describe the information which will be needed to satisfy the concerns of the relevant City, State and Federal agencies. 4. Application contents. The Community Development Department staff member shall establish the contents of the development application required to be submitted for the proposed development. This should include descriptions of the types of reports and drawings required, the general form which the development application should take and the information which should be contained within the application. 5. Application copies and fee. The Community Development Department staff member shall identify the number of copies of the development application that are required to be submitted for the proposed development, along with the amount of the fee needed to defray the cost of processing the application and an estimate of the number of hours of staff review time associated with the fee. 6. Written summary. Following the conclusion of the conference, the applicant shall be presented with a written summary of the meeting. One (1) copy of this written summary should be submitted back to the Community Development Department at the time of submission of the development application. 5- 7.Neighborhood Outreach. The Community Development Department staff member shall identify if neighborhood outreach, as outlined in Sec 26.304.035, is required prior to submission of the development application. Section 2: A new section 26.304.035 — Neighborhood Outreach, shall be added as follows: Sec. 26.304.035. Neighborhood Outreach A. Purpose. In order to facilitate citizen participation early in the development review process, the City requires development applications to conduct neighborhood outreach. The purpose of the outreach is to inform neighbors and interested members of the public about the project. The applicant must show a concerted effort inform neighbors and the public about the application prior to the first public hearing, B. Applicability. Neighborhood outreach shall be required for any development proposal that includes variances to the height, mass, scale, or setbacks beyond that allowed in underlying zoning, and any project that is subject to a COWOP, PUD, or Rezoning review, unless the Community Development Department determines as a part of the pre - application conference that the development proposal is limited in nature. In addition, the Community Development Department may make a determination that neighborhood outreach is required for any development proposal that represents significant changes to the mass and scale of the property. Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 3 of 15 C. Appropriate forms of public outreach. The applicant must choose to do one or more of the following forms of neighborhood outreach. Community Development Department staff may, as part of the pre - application conference, suggest certain forms of neighborhood outreach that would be most appropriate for a development application. In addition, Community Development Department staff may identify specific aspects of the project or potential impacts of the project that should be addressed as part of the neighborhood outreach. 1. Information meeting. The applicant must hold a neighborhood meeting to gain input from neighbors and citizens. The meeting must be open and accessible to the general public and held in a location inproximity to the proposed development or in a publicly accessible building such as City Hall or the Public Library. The applicant or applicant's representative shall attend the neighborhood meeting and be available to answer questions from the public. The applicant shall be responsible for scheduling and coordinating the neighborhood meeting. Renderings, modeling, or other visual representations of the project within its context is required. The applicant must conduct a minimum level noticing, pursuant to Section 26.304.060.E.3.c, to ensure the public is aware of the meeting_ Additional noticing beyond that called for in Section 26.304.060.E.3.c may be provided. 2. On -line meeting. The applicant must conduct an on -line meeting to gain input from neighbors and citizens. The meeting must be open to the general public. The applicant or applicant's representative shall attend the on -line meeting and be available to answer questions from the public. The applicant shall be responsible for scheduling and coordinating the on -line forum. Renderings, modeling, or other visual representations of the project within its context is required. The applicant must conduct a minimum level noticing, pursuant to Section 26.304.060.E.3.c, to ensure the public is aware of the on -line meeting. Additional noticing beyond that called for in Section 26.304.060.E.3.c may be provided. 3. Enhanced Public Information. The applicant must provide detailed information on the project in the form of a project website, a detailed public notice mailing, etc. that explains the proposal, outlines the review process, provides visual rendering or maps, or any other information that will describe the project in layman's terms. The applicant shall be responsible for coordinating the information. The applicant must conduct a minimum level noticing, pursuant to Section 26.304.060.E.3.c, to ensure the public is aware of a website, etc. Additional noticing beyond that called for in Section 26.304.060.E.3.c may be provided. 4. Individual Outreach. The applicant must conduct individual or small group meetings with neighbors of the project. The applicant shall be responsible for organizing and attending the meetings. At the meetings, the applicant should Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 4 of 15 provide a summary of the proposal, including basic use -type information, building height, and renderings. 5. Any other form of neighborhood outreach that will provide neighbors a genuine opportunity to understand the development proposal and provide comments to the application. F. Summary of Public Outreach. A written summary of the neighborhood outreach, as well as the method of public notification, shall be prepared by the applicant and submitted as part of the official record — either as part of the initial application or as an addendum to the application. Any documentation that was presented to the public as part of the outreach should also be included as part of the official record. Section 3: 26.310.040 — Amendments to the Land Use Code and Official Zone District Map, Standards of Review, shall be amended as follows: Sec. 26.310.040. Standards of review for amendments to the land use code. In reviewing an amendment to the text of this Title : - - - - - - - e • . - - District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. B. Whether the proposed amendment • : - • - - • - • - - -- - - = - - • : - - • - . Community Planpromotes the vision and philosophy of the Aspen Area Community Plan. B. Whether the proposed amendment is compatible with surrounding zone districts and D. Whether and the cxtcnt to which the proposed amendment would result in demands 4 medical facilities. 4 E. Whether and the cxtcnt to which the proposed amendment would result in F. Whether the proposed amendment is consistent and compatible with the community charactcr in the City. Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 5 of 15 1 hC. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Section 4: 26.310.050 — Amendments to the Land Use Code and Official Zone District Map, Reserved, shall be amended as follows: Sec. 26.310.050. Reserved Standards of review for amendments to the Official Zone District Map. In reviewing an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. B. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. C. The effect of the proposed amendment on traffic generation and road safety. D. 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. E. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. F. Whether the proposed amendment is consistent and compatible with the community character in the City. G. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. H. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Section 5: 26.314.040.A — Variances, Standards applicable to variances, shall be amended as follows: A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision - making body shall make a finding that the following three (3) circumstances exist: Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 6 of 15 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspcn Area Community Plan and this Title and the Municipal Code; and 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by - - • . - • - •• • ' -• •• • the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Section 6: 26.425.040 — Conditional Uses, Standards applicable to all conditional uses, shall be amended as follows: Sec. 26.425.040. Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the :. - :: , , = : • - • - . - standards of the Aspcn Arca Community Plan, with the intent of the Zone District in which it is proposed to be located and complies with all other applicable requirements of this Title; and B. The conditional use is compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture., landscaping, and open space, as well as with any applicable adopted regulatory master plan. CB. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses ei-and enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 7 of 15 DE. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and ED. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems and schools; and FE. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and G. The Community Development Director may recommend and the Planning and Zoning Commission may impose such conditions on a conditional use that are necessary to maintain the integrity of the City's Zone Districts and to ensure the conditional use complies with the purposcs of the Aspcn Arcs Community Plan, this Chapter and this Title; is compatible with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to, imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off - street parking and other similar design features, the construction of public facilities to serve the conditional use and limitations on the operating characteristics, hours of operation and duration of the conditional use. • C. Section 7: 26.435.030.C.11 — 8040 Greenline review standards, shall be amended as follows: 11. The adopted regulatory plans _of the Open Space and Trails Board are implemented in the proposed development, to the greatest extent practical. (Ord. No. 55- 2000, § 7) Section 8: 26.435.040.C.2 — Stream Margin review standards, shall be amended as follows: 2. The adopted regulatory plans _of the Aspcn Arca Community Plan: Parks/Recrcation/Open Spacc/Trails Plan Open Space and Trails Board and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and Section 9: 26.440.050.A — Review standards for development in a Specially Planned Area (SPA), General, shall be amended as follows: 0 Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 8 of 15 • A. General. In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider the following: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. 2. Whether sufficient public facilities and roads exist to service the proposed development. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mudflow, rock falls, avalanche dangers and flood hazards. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. 5. Whether the proposed development is in compliance with the Aspen Ar a Whether the proposed development emphasizes quality construction and design characteristics, such as exterior materials, weathering, snow shedding and storage, and energy efficiency. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel or the surrounding neighborhood. 7. Whether proposed development on slopes in excess of twenty percent (20 %) meet the slope reduction and density requirements of Subsection 26.445.040.B.2. 8. Whether there are sufficient GMQS allotments for the proposed development. The burden shall rest upon an applicant to demonstrate the general reasonableness and suitability of the proposed development and its conformity to the standards and procedures of this Chapter and Section; provided, however, that in the review of the conceptual development plan, consideration will be given only to the general concept for the development, while during the review of the final development plan, detailed evaluation of the specific aspects of the development will be accomplished. Section 10: 26.445.020 — PUD Applicability, shall be amended as follows: Sec. 26.445.020.Applicability. Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 9 of 15 Before any development shall occur on land designated Planned Unit Development ® (PUD) on the official zone district map or before development can occur as a PUD, it shall receive final PUD approval pursuant to the terms of this Chapter. However, in no event shall adoption of a fmal development plan be required for the construction of a single detached- or duplex - residential dwelling on a separate lot, in conformance with the General Provisions of this Chapter, Section 26.445.040 below. All land with a PUD designation shall also be designated with an underlying zone district designation most appropriate for that land. A development application for a Planned Unit Development (PUD) may be applied for by the property owners of any proposed development in the City that is on a parcel of land equal to or greater than twenty -seven thousand (27,000) square feet intended for residential, commercial, tourist or other development purposes. A development application for a Planned Unit Development (PUD) may be applied for by the property owners of any proposed development in the City that is on a parcel of land less than twenty -seven thousand (27,000) square feet intended for multi - family residential, commercial, tourist or other development purposes if, prior to application, the Community Development Director determines the development of the property may have the ability to further the adopted goals of the Aspen Arca Community Plan community and any applicable adopted regulatory master plans, and that the provisions of the Planned Unit Development land use review process will best serve the interests of the community. By virtue of this determination, the application shall not be granted any special rights or privileges and shall be required to demonstrate compliance with all applicable portions of this Chapter. If the Community Development Director determines the proposed development is not suitable to be reviewed as a Planned Unit Development, the property owner may appeal the decision to the Planning and Zoning Commission and the Commission, by Resolution and after considering a recommendation made by the Community Development Director, may determine that the development of the property may have the ability to further the adopted goals of the • - • • - • - .. • ommunity and any applicable adopted regulatory master plans, and that the provisions of the Planned Unit Development land use review process will best serve the interests of the community. By virtue of this determination, the application shall not be granted any special rights or privileges and shall be required to demonstrate compliance with all applicable portions of this chapter. A development application for a Minor Planned Unit Development (Minor PUD) may be applied for by the property owners of a parcel of land located within the Lodge Preservation Overlay (LP) Zone District intended for development consistent with the purpose of the LP Overlay Zone District. Section 11: 26.445.020.A — PUD, Review standards: conceptual, final, consolidated and minor PUD, General Requirements, shall be amended as follows: 0 Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page l0 of 15 A. General requirements. 1. The proposed development shall be consistent with the Aspcn Area Community Plancompatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, and architecture, as well as with any applicable adopted regulatory master plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments are available to accommodate the proposed development and will be considered prior to or in combination with, final PUD development plan review. Section 12: 26.445.020.B.6.a — PUD, Review standards: conceptual, final, consolidated and minor PUD, Establishment of dimensional requirements, shall be amended as follows: 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more adopted goals of the community as expressed in the Aspcn Area Community Plan (AACP) or a specific ar a plan an applicable adopted regulatory master plan . - - - - - - - • • - . Section 13: 26.445.020.E — PUD, Review standards: conceptual, final, consolidated and minor PUD, Architectural character, shall be amended as follows: E. Architectural character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less- intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. 4. Emphasize quality construction and design characteristics, such as exterior materials, weathering, snow shedding and storage, and energy efficiency. Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 11 of 15 • © Section 14: 26.445.020.I.4 — PUD, Review standards: conceptual, final, consolidated and minor PUD, Access and circulation, shall be amended as follows: 4. The recommendations of the Aspcn Arta Community Plan and adopted specific regulatory master plans, as applicable, regarding recreational trails, pedestrian and bicycle paths and transportation are proposed to be implemented in an appropriate manner. Section 15: 26.470.030.F, GMQS, Aspen metro area development ceilings and annual allotments, shall be amended as follows: F. Accounting procedure. The Community Development Director shall maintain an ongoing account of available, requested and approved growth management allocations and progress towards each development ceiling. Allotments shall be considered allocated upon issuance of a development order for the project. Unless specifically not deducted from the annual development allotment 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 session and year, the Community Development Director shall prepare a summary of growth allocations. The City Council, at its first regular meeting of the growth management year, shall j review, during a public hearing, the prior year's growth summary, consider a recommendation from the Community Development Director, consider comments from the general public and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the annual allotment. The City Council may carry forward any portion of the previous year's unused allotment, including all or none. The City Council shall also consider the remaining development allotments within the development ceilings, established pursuant to Subsection 26.470.030.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 to Subparagraph 26.304.060.E.3.a. The City Council shall consider the following criteria in determining the allotments to be carried forward: 21. The community's growth rate over the preceding five -year period. 32. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 43. The expected impact from approved developments that have obtained allotments, but that have not yet been built. Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 12 of 15 Section 16: 26.470.050.B.2, GMQS, General requirements, General requirements, shall be amended as follows: 2. The proposed development is consistent with the Aspen Arca Community Plan compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Section 17: 26.480.050, Subdivision, Review standards, shall be amended as follows: Sec. 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be -: - • - - • - - - • = - - - • = -- = - - - - • - Plan compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. B. Suitability of land for subdivision. 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an adopted specific master plan, Title 28, the municipal code, the Aspen Arca Comprehensive Plan, the existing, neighboring development areas and/or the goals of the community. 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the O subdivision design standards would result in incompatibility with an adopted Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 13of15 41) specific master plan, Title 28, the municipal code, the Aspen Ar Comprehensive Plan, the existing, neighboring development areas and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements . of Chapter 26.520, Replacement housing program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH -PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Section 18: 26.515.040.B.1, Off - Street Parking Special review standards, shall be amended as follows: 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: 1. The location, design and operating characteristics of the facility are consistent - • - • - • . . .. - ' ., compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 14of15 FINALLY, adopted and approved by the Planning and Zoning Commission this 31st day of January, 2012. APPROVED AS TO FORM: PLANNING AND ZONING COMMIrN: ames R. True, Special Counsel L s pan r, P Chairman ATTEST: att a (ckie Lothia , ' l eputy City Clerk Planning & Zoning Commission Reso #3 of 2012 AACP gap Code Amendments Page 15 of 15