Loading...
170605 NOD Adm Mod_CCTC_PUDGuide_DECISION_Final-signed.pdf Notice of Decision Administrative Modification Country Club Townhomes(CCTH) PUD To Allow Minor Improvements review and approval by CCTH Board of Managers June 5, 2017 WHEREAS, Lucas Peck of Peck Feigenbaum, as authorized in attached letter dated September 27th, 2016 from Country Club Townhomes Corporation, Owner of Common Elements in Parcel One, the Snowmass Club Subdivision (635 Snowmass Circle) in Snowmass Village, Pitkin County, Colorado, has applied for an Administrative Modification on September 26, 2016, pursuant to Section 16A-5-250 of the Snowmass Village Municipal Code (“Municipal Code”). WHEREAS, in accordance with the provisions of Section 16A-5-250(a)(9), an administrative amendment may be granted “to any other design feature of an approved PUD, subdivision or building lot, or an administrative amendment to the uses approved for a PUD. Activities that shall not be considered administrative include changes to the overall character of the project, changes that substantially increase trip generation or the demand for public facilities and changes that are inconsistent with a condition or a representation of the project’s original approval or that require granting further variation from that granted in the original approval.” WHEREAS, the application was submitted to formalize a new plat that combines the nearly 20 partial maps of the community into a single document and updates the existing conditions to better reflect the community as it exists. No change is proposed to the physical townhomes and any incorporation of additional floor area pursuant to Ordinance 4, Series of 2009, will be dependent upon Town and HOA approval and be subject to the limits of the PUD as amended by Ordinance 4. WHEREAS, the proposal does not revise the 2007 Administrative Modification or the 2009 PUD Guide or negate compliance with Municipal, Building or Fire Code; it is intended to formalize changes to the Country Club Townhomes that have occurred as approved by the Board of Managers who are hereby granted authority by the Community Development Director to review and approve minor improvements to property (as further described in Section One below) that were not contemplated in 2007 and 2009, as further described herein. Notice of Decision Adm Mod Country Club Townhomes Corporation(CCTH) Page 2 of 3 P:/Planning/Country Club Townhomes/Post Approval Minor PUD Amdt/Condo Map & Replat Amdt-Aug 2016/Notice of Decision WHEREAS, pursuant to the Amended and Restated Condominium Declaration for the Country Club Townhomes, recorded February 5th, 1981, as Reception No. 230684, the CCTH represents the owners of the Country Club Townhomes and governs and manages the project through the Board. Section One. Specific Findings. Following careful review and evaluation of the application materials, which included referral to previously submitted and approved building permits and ordinances, the Town Planning Director specifically finds that: 1. Town Council Ordinance No. 8, Series of 1980 (“Ordinance 8”), granted approval of the amended gross parcel plat and the Snowmass Club PUD, as amended. 2. The Country Club Townhomes is comprised of Phases I-IV and is located within Parcel 1 of the Snowmass Club Subdivision. 3. An Administrative Modification granted on October 9th, 2007 gave approval for specific amendments to exterior features detailed within the Notice of Decision, such as exterior materials for siding, roofing, doors, decking, pavers, photovoltaic systems and windows. 4. Ordinance No. 4, Series of 2009 Minor PUD Amendment specifically addressed the proposal to increase floor area, with additions and conversion of lofts to habitable living space, and the expansion of decks on grade. 5. Minor Improvements that undergo a review process by the CCTH Board of Managers, do not impact the overall character of the project, do not increase trip generation, do not impact surrounding properties and are consistent with the original approvals. 6. All homeowners have an opportunity to participate in the adoption of the Guidelines and/or election of the Board of Managers. Section Two. General Findings. In accordance with the provisions of Section 16A-5-250 of the Municipal Code, the Community Development Director is given the authority to grant approval for said modification. After evaluation, the Community Development Director has found the requests to be generally consistent with the applicable review standards. Specifically, it was found that: 1. The proposed modifications incorporated into the First Amended and Restated Plat of the Country Club Townhomes is the result of circumstances that could not have been reasonably anticipated by the applicant prior to or during the original application process. Notice of Decision Adm Mod Country Club Townhomes Corporation(CCTH) Page 3 of 3 P:/Planning/Country Club Townhomes/Post Approval Minor PUD Amdt/Condo Map & Replat Amdt-Aug 2016/Notice of Decision 2. Any adverse impacts on surrounding properties from the proposed modification as incorporated into the First Amended and Restated Plat of the Country Club Townhomes appear insubstantial. Section Three. Action. This document also intends to clarify that the October 9th, 2007 Administration Modification and Ordinance No. 4, Series of 2009 do not require Town review and approval for minor improvements to the property of Country Club Townhomes, such as new railings on exterior decks, the addition of stairs down to a crawl space, or the removal or installation of landscaping, and that such minor improvements may be reviewed and approved by the CCTH Board of Managers only, consistent with the CCTH Architectural/Landscape Design Guidelines, provided the minor improvements do not increase the allowable floor area, do not increase the amount of habitable living space or require an increase of on-site parking, is hereby granted on the 5th day of June, 2017, subject to the following conditions in Section Four below: Section Four. Conditions. The Applicant shall comply with the following conditions: 1. This approval is for the specific approval of the First Amended and Restated Plat of the Country Club Townhomes as well as the clarification of the minor improvement review and approval process as noted within this Notice of Decision. No additional variances or modifications are permitted without the express written approval of the Community Development Director. Further, the Town’s approval of this plat is not an approval of non-conformities (e.g. boundary and flood plain encroachments) or Town code violations not previously approved or exempted. 2. This approval is subject to the recording of this document and the First Amended and Restated Plat of the Country Club Townhomes, at the Applicant’s expense, in the Real Estate Records of the Clerk and Recorder of Pitkin County, Colorado. __________________________________ Julie Ann Woods, FAICP/MLA Community Development Director Attachments incorporated herein: Exhibit ‘A’ – Vicinity Map; Exhibit ‘B’ – Application with description and rationale Exhibit ‘C’ – First Amended and Restated Plat of Country Club Townhomes (by Reference)