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Town Council Resolution 04 2017TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION No. 4 SERIES OF 2017 A RESOLUTION ACTING ON APPLICANT'S REQUESTED WAIVERS AND DEFERRALS OF CERTAIN DATA AND/OR MATERIAL SUBMISSION REQUIREMENTS IN SECTION 16A -5-340(c)(2) OF THE MUNICIPAL CODE PERTAINING TO THE PROPOSED ENCLAVE MAJOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT PRELIMINARY PLAN APPLICATION TO DETERMINE IF THE APPLICATION IS COMPLETE FOR THE PURPOSES OF BEGINNING THE PROCESS OF FORMAL REFERRAL AND THE EVALUATION REVIEW OF THE APPLICATION PURSUANT TO SECTIONS 16A-5-340 (IN PARTICULAR SUBSECTIONS (d) AND (e)), AND 16A -5-50(a), `DETERMINATION OF COMPLETENESS,' OF THE MUNICIPAL CODE. WHEREAS, the Enclave Association, Inc. and the Community Development Director ("CDD") held a Pre -application conference on the Enclave's Major PUD Amendment proposal which was held on June 22, 2016 during which the municipal code's application submission requirements and review procedures were discussed and followed up with a written summary on June 22, 2016; and WHEREAS, on November 29, submitted a Major PUD Amendment requested waivers and deferrals of required by the municipal code; and 2016 the Enclave Association, Inc. formally Preliminary Plan application which included certain Preliminary Plan submission items WHEREAS, on December 8, 2016 the Applicant was issued completeness review comments on the application submission that determined the application was incomplete and insufficient for formal referral and an evaluation review, mostly as a result of the requested waivers and deferrals of certain Preliminary Plan submission items required by the municipal code; and WHEREAS, a request to the Planning Director to accept computer-generated three-dimensional or other visual imagery in place of the block model was accepted by the Planning Director as permitted by the municipal code; and WHEREAS, Municipal Code Section 16A-5-340(c)(2)(e) states, "The Planning Director may accept computer-generated three-dimensional or other visual imagery in place of the block model if it is felt that it would better aid the public and reviewing bodies to visually understand the spatial, mass, scale and visual relationships of the development to surrounding properties. A model may still be required during the Attachment 1 to Staff Report dated January 3, 2017 TC Reso 4, 2017 Page 2 of 4 course of the review process if determined necessary to adequately evaluate the development proposal." The Planning Director has determined that computerized visual imagery would better serve the review process and is in favor of waiving the 3- D block model requirement, as permitted under the municipal code; and WHEREAS, on December 23, 2016, the Applicant submitted a letter clarifying the requests for certain waivers and deferrals of certain Preliminary Plan submission items required by the municipal code; and WHEREAS, Municipal Code Section 16A -5-50(a)(1) states, "The Town Council, upon the recommendation of the Planning Director, may authorize the waiver and/or deferral of the requirement to submit certain application items if determined that they are not necessary to commence review of the application"; and WHEREAS, Municipal Code Section 16A -5-50(a)(1) further states, "The authorization of the waiver or deferral request by the Town Council shall occur by adopting a resolution at a regularly scheduled meeting and shall reserve the right for the Town to require that any material initially waived or deferred may be required to be submitted by the applicant at any time during the review process if needed to evaluate the applicant's proposal'; and WHEREAS, the waiver and/or deferral requests by The Enclave Association, Inc. were scheduled for consideration by the Town Council at its regular meeting on January 3, 2017. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Action. Submission Requirements involvinq Waivers and Deferrals. 1. Deferrals: The construction management plan drawings, a detailed landscape plan, and the updated condominium documents may be deferred to the Final PUD plan application submission, as requested by the Applicant's letter dated December 23, 2016 (Exhibit `A' Incorporated herein). 2. Waivers: The Brush Creek Impact Report and the Wildlife Habitat Analysis may be waived, as requested in the application materials formally submitted November 29, 2016. 3. The waivers and deferrals of certain Preliminary Plan submission Attachment 1 to Staff Report dated January 3, 2017 TC Reso 4, 2017 Page 3 of 4 requirements requested by The Enclave Association, Inc., as accepted as stated above, are hereby conditionally approved, as set forth below in Section Two, within the meaning of Municipal Code Section 16A -5-50(a)(1). Section Two: Conditions of Requested Waivers and Deferrals. The approval of this Resolution shall be subject to The Enclave Association, Inc. satisfying the following Conditions: For Application Completeness: A preliminary level fiscal impact report, transportation impact report, an air quality analysis, geotechnical and soils reports (for the undeveloped portion of the Enclave site in particular), and an adequate public facilities report shall be prepared for submission within 60 days acceptable to the Planning Director for application completeness prior to formal referral, evaluation review and scheduling. 2. Town Council reserves the right to require that any materials initially waived or deferred in Section One of this Resolution may be required to be submitted by the applicant at any time during the review process if needed to evaluate the applicant's proposal and the impacts on the Enclave project as awhole. Such determination by the Town Council shall occur in accordance with the procedure set forth in of Section 16A -5-50(a)(1) of the Municipal Code. Section Three: Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on January 3, 2017 upon a motion by Council Member Sirkus, the second of Council Member Madsen, and upon a vote of 5 in favor and 0 against. 7 ATTEST: Rhonda B. Coxon, Town Clerk TOWN OF SNOWMASS VILLAGE N COUNCIL Markey tle , Mayor Attachment 1 to Staff Report dated January 3, 2017 TC Reso 4, 2017 Page 4 of 4 APPROVED AS TO FORM: Joh C. Dresser, AttachrnPnt.q- own Attor ey Exhibit `A.' Applicant's Letter of requested Waivers and Deferrals of certain Preliminary Plan submission items required by the municipal code for the proposed Enclave Major PUD Amendment application formally submitted November 29, 2016 (incorporated by reference). EXHIBIT "A" Town Council Resolution No. 4, Series of 2017 Page 1 of 4 LAW OFFICES OF E. MICHAEL HOFFMAN, P.c. 200 EAST MAIN STREET P.O. BOX EE ASPEN, COLORADO 81612 TELEPHONE: (970) 544-3442 FACSIMILE: (866) 929-7870 E-MAIL: mhoffman(a.emhlaw.net December 23, 2016 Mayor Markey Butler and Councilmen Tom Goode, Bill Madsen, Alyssa Shenk and Bob Sirkus Town of Snowmass Village P. O. Box 5010 Snowmass Village, Colorado 81615 Re: Request of The Enclave Association, Inc. for Waiver or Deferral of Miscellaneous Reports Pursuant to Section 16A -5-50(a)(1) of the Town of Snowmass Land Use Code To the Members of the Snowmass Village Town Council; I represent The Enclave Association, Inc. (the "Association"), in connection with its request to renovate and modernize its physical plant. This letter seeks the deferral or waiver of certain elements of the Town's Land Use Code (the "Code") as described in detail in Section 2, below. However, to understand the nature and basis of the Association's request, it is important that the Town Council understand a little of the Association's application and how it will be reviewed pursuant to Code. To help pay for the cost of its planned improvements, the Association seeks rights to establish six (6) new free market residential units, consisting of five newly constructed units and the conversion of the existing manager's apartment and the construction of five new units in a single building to be placed on land now uniquely available but previously encumbered by a ski lift easement. More than 1,820 square feet of new employee housing is also proposed. Additional improvements include improved arrival functions and vehicle circulation. The particulars of the Association's request will be communicated to you in the next few months and we look forward to sharing the Association's vision with you. Our current request is purely procedural. The Association wishes to get its application into the Town's land use review pipeline because its members are aware that a number of other land owners plan to submit applications to the Town in the next few months. The Association's redevelopment proposal is modest in scope. Review of its application could be delayed if more major requests absorb the Town's resources. On November 29, 2016, the Association filed an application for Preliminary Approval of a Minor Amendment of Parcel "N" Subdivision. The application narrative was over 30 pages long. The accompanying architectural plans, drawings, illustrations, including tables and graphs required by EXHIBIT "A" Request to Snowmass Village Town Council Town Council December 23, 2016 Resolution No. 4, Series of 2017 Page 2 Page 2 of 4 Code, encompassed thirty-six 24" x 36" sheets. The application addressed the Code's PUD requirements and fully described the Association's proposal. 1. Review Process of the Application Under the Code. As a request for a minor amendment of an existing PUD, the application is subject to a multistep review process. First, the application is reviewed by staff to determine if it addresses all of the many requirements of the PUD provisions of the Code.' If the application is found to be complete, it is forwarded to a joint meeting of the Planning Commission and Town Council during which Council identifies those components of the application on which "the Planning Commission should focus during the course of its review.112 Referral comments from other departments of the Town and other agencies need not be complete at the time of the joint meeting.3 For that reason, the applicant may supplement its application after the joint meeting has occurred. "Within twenty-one (2 1) days of the joint meeting, the Planning Commission [is to] hold a public hearing ... to receive and consider public input regarding those portions of the application upon which the Town Council has requested its review" and to give the Planning Commission an opportunity to consider the application as a whole.4 A major impediment to "getting into the land use review pipeline" is noticing and scheduling the first meeting of the Planning Commission. Because the Commission is heavily involved in re- writing the Town's Comprehensive Plan, it has only one regularly -scheduled meeting each month to consider land use applications. In addition, the combination of the 30 -day notice requirement established by Code and the policies of the Snowmass Sun for the publication of legal notices, it takes about 45 days to put a hearing on the agenda of the Planning Commission. If the Association's application is to be heard by the Commission in February, public notice must be sent to Snowmass Sun no later than January 10th or so. Any additional delay will cause the review process to slip by an entire month. The Association's construction schedule could be impacted by the delay. Once the Association's Preliminary plan has been approved by the Town Council, the Association will file another request, an application for Final Approval, and an entirely new review process will be commenced. The Town Council will have an additional opportunity to review and approve the details of the Association's proposal. 2. Requests for Waiver or Deferral The Town Council "may authorize the waiver or deferral of the requirement to submit certain application items if determined that they are not necessary to commence review of the ' Code, § 16A -5-50(a). 2 Code, § 16A -5-340(d)(1). 3 Code, § 16A -5-50(a)(1). 4 Code, § 16A -5-340(g). EXHIBIT "A" Request to Snowmass Village Town Council Town Council December 23, 2016 Resolution No. 4, Series of 2017 Page 3 Page 3 of 4 application.115 In the current case, the Town's review of the Association's application commences with a joint meeting of the Town Council and the Planning Commission. As described in Section 1, above, the purpose of the joint meeting is to give Council an opportunity to identify those aspects of the application which should receive particular scrutiny by the Planning Commission. Council's review prior to and during the joint meeting is broad in scope. Much of the detailed information required by the PUD provisions of the Code is beyond that scope and can be deferred until later in the review process. Some of the information required by Code is relevant only to major development proposals, such as Base Village, and represents an undue burden on smaller projects, like the Association's current proposal. In those cases, we believe a waiver of certain requirements is appropriate. A. Requests for Deferral. In the case of the current application, the Association asks to defer its submission of the following reports until later in the Town's review process: a Construction Management Plan, a Soils Report, a detailed Landscaping Plan and revised Condominium Documents related to the five new units. Each of these reports and documents other than the soils report can be provided at Final review. The Soils Report will be supplied no later than two weeks prior to the first scheduled Planning Commission hearing on the current Preliminary application. The Construction Management Plan, detailed Landscaping Plan and revised Condominium Documents are designed to provide final details of how the project approved during Preliminary review will be integrated, physically and legally, into the existing Enclave Condominiums. In the case of the current application, they do not supply information which is relevant to answering the basic questions at issue in the Preliminary review process. The resolution of approval passed by the Town Council should require the Association to adequately address the subject of the deferred reports during the Final review process. B. Requests for waiver. The Town's current Comprehensive Plan locates the Enclave Condominiums within the "Multifamily -Residential" comprehensively planned area, or CPA. The "Multifamily -Residential CPA includes the older (25 years and older) multifamily residential properties held in condominium ownership that are located within the Town. The preferred plan for the Multifamily -Residential CPA area encourages and facilitates the revitalization and reinvestment of multifamily properties that are aging enough to require capital reserve expenditures.116 The Association's request to renovate its physical plant, including its application to build five new residential units as a source of funding for those improvements, is an example of the "revitalization and reinvestment" efforts encouraged by the Comprehensive Plan. Under the Comp Plan, the Town should facilitate efforts like the one now undertaken by the Association. 5 Code, § 16A -5-50(a)(1) (Emphasis Added). 6 Town of Snowmass Village Comprehensive Plan, March 2010, § p. 26, 7.2. EXHIBIT "A" Request to Snowmass Village Town Council Town Council December 23, 2016 Resolution No. 4, Series of 2017 Page 4 Page 4 of 4 Some of the reports listed in the PUD provisions of the Code are either not directly applicable to redevelopment/improvement projects like the Association's current request, or are hugely expensive, provide little new information and discourage the revitalization of the Enclave project, in direct opposition to the policy established in the Comp Plan. These reports include the following: a Fiscal Impact Report, a Transportation Impact Analysis, an Air Quality Analysis Report, a Geologic Report and an Adequate Public Facilities Report (the "Additional Reports"). The Enclave Condominiums have existed since January of 1980. Their fiscal impacts, impact on Wood Road and other transportation resources and other public facilities, for example, are well known. The marginal effects of five new residential units will be minimal. While it might be interesting to quantify those effects, the costs of creating the relevant reports substantially outweigh the benefits of having the information. The costs serve to discourage, rather than encourage, revitalization of The Enclave and reinvestment in its physical plant. For these reasons the Association requests that the requirements to provide the Additional Reports be waived by the Town Council. In the event that Council believes that waiver of one or more of the Additional Reports is ill advised, the Association requests that it be permitted to provide those reports no later than two weeks prior to the first Planning Commission hearing on its application. We look forward to discussing this request with you on Tuesday, January 3, 2017. Thank you for your consideration. Sincerely, E. MICHAEL HOFFMAN, P.C. E. Michael Hoffman