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TC Ord 02 1982 - Amd of Ord 8, 1980 (S;mass Club PUD) to allow sale of Club Villas PMH units 202, 204, 206 & 208 as unrestricted units - SIGNED.pdf1/27/82 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 2 SERIES OF 1982 AN ORDINANCE AMENDING ORDINANCE NO. 8, SERIES OF 1980, AND APPROVING CERTAIN AMENDMENTS TO THE FINAL PLANNED UNIT DEVELOPMENT PLAN FOR THE SNOWMASS CLUB SUBDIVISION APPROVED PURSUANT TO ORDINANCE NO. 8, SERIES OF 1980. WHEREAS, the Town Council Previously approved the Final Planned Unit Development Plan for the Snowmass Club Subdivision by Ordinance No. 8, Series of 1980 on March 31, 1980; and WHEREAS, the Snowmass Company, Ltd., and the Snowmass Club Partnership, Ltd. have requested amendments to Ordinance No. 8, Series of 1980, and to the Final Planned Unit Development Plan for the Snowmass Club Subdivision; and WHEREAS, the Town of Snowmass Village Housing Authority has recommended certain amendments to the Snowmass Club PUD as more particularly set forth in the Housing Authority Resolutions No. 1 and No. 2, Series of 1981; and WHEREAS, following review of the proposed amendments the Town Council has found that the amendments are reasonable, that the amendments will not adversely affect the public health, safety and welfare and ought to be approved; and WHEREAS, the Town Council finds that the amendments set forth herein below are consistent with the Snowmass Village Master Plan, the Objectives of Planned Unit Development, the Planned Unit Development evaluation standards and all other zoning regulations not subject to variation by Planned Unit Development Ordinances and ought to be approved; and WHEREAS, final approval will be made following required notices, hearings and agency referrals. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass Village, Colorado. Section One. That Ordinance No. 8, Series of 1980, is hereby amended as follows: a. That paragraph (_i) 3 of Section Three is hereby amended by reducing the number and type of restricted units to be developed in .1981 as follows: on 1. Villas East are reduced from 30 to 0. 2. Country Club Homes are reduced from 9 to 5. 3. Club Villas are reduced from 8 to 0. Provided however that the reduction in the 1981 requirements shall not reduce the total number of units to be ultimately constructed within the Snowmass Club PUD, as set forth in paragraph (i) 2 of Section Three. b. That paragraph (i) 4 of Section Three is amended to read: i) 4. Purchase price and rental rates. The purchase price for restrictea condominia and rental rate for the long term restricted rental units shall be determined on a basis to allow the Company to "break even" by charging to each restricted project only the direct and approved allocated development costs. The categories of allocated development costs are more particularly described in Exhibit A which is incorporated herein and made a part hereof by this reference. The Company shall present the estimated cost of employee housing, including both direct and allocated costs by category, to the Snowmass Village Housing Authority for approval prior to the commencement of construction and shall present the actual cost of each unit, with the same categories-, for approval prior to the sale or rental of any such unit. The Company will contribute the land for restricted condominia at no cost and will lease land for the restricted rental units at one dollar per year for one hundred years. C. That Section 3 (:i)_ is- amended by the addition of a new paragraph. 3 (1). 9 to read as follows: Section 3 (i) 9. The provisions of the PMH and employee housing section of this PUD Ordinance together with the PUD map approved thereby may be amended from time to time by Resolution of the Town Council, following public hearing thereon for which at least thirty (30) days` public notice has been given, and upon written consent of the Company, provided that no such amendment decreases the total number of units that the Company is responsible to provide. Such. amendments shall be limited to change in pace, unit type and mix, location, method of sale or rental, the allowable cost, sale price or rental rates of the units and matters relating to disposition of restricted -units which, remain unsold to qualified PMH -purchasers. This Section is intended to supercede the provisions of Article 24 Title 67, C.R.S. 1973, (Planned Unit Development Act of. 19.72)_ relating to amendment and modification of an approved Planned Unit Development. d. That the sentence of paragraph (in) of Section Three is hereby amended to read as follows: Detailed final plats, including required d.edi.cati.ons and subdivision improvement agreements, shall be submitted and ap- proved by the Town according to the procedures for the approval of the final plat as set forth -in the Subdivision Regulation prior to the issuance of any building permits. e. For the purpose of this Ordinance and the PUD Plan approved hereby, a "tree farm" shall be defined as: follows: A "tree farm" is- a site used by the property owner or an individual or other entity engaged in a commercial landscaping or nursexy business. for the growing of 'indigenous trees and shrubs, a portion of which. are intended to be removed from the tree farm for transplanting elsewhere. 2 No more than 950 of the number of trees surviving to 11 year maturity shall be removed. No retail activity for the benefit of the general public will be conducted upon the tree farm. Thie owner or operator may install such facilities as are reasonably necessary for the operation of the tree farm including water lines and storage and maintenance buildings, provided such facilities are approved in advance by the Town and are installed in conformance with such ap- proval. The planting, noisy maintenance and removal of trees and shrubs shall be conducted Monday through Friday, 8:30 a.m. to 5:30 p.m. The initial period of time for which each site may be used for a tree farm shall be for a period of eleven years from the date on which trees are first planted on the site. This period con- sists of ten years for growing of the trees and shrubs and one year for their removal. Upon request of the owner or operator, the Town may extend the period for which a site may be used for a tree farm for additional eleven year periods. Upon termination of the tree farm, the property owner must restore the site to a condition equivalent to that which existed prior to the institution of the tree farm except for the trees which remain. Section Two. That the Final Planned Unit Development Plan, filed in the Office of the Clerk and Recorder of Pitkin County on the 16th day of April, 1980, in Plat Book 9 at Page 39 and 40, is amended as follows: a. That the Parcel 3 - Maximum Parking and Driveway Ground Coverage be amended to read: "2.1 acres plus the amount necessary for not more than 100 parking spaces for the benefit of Parcel 4". b. That the Parcel 3 - Maximum Number of Parking Spaces be amended to read: "one space per bedroom plus not more than 100 spaces for the use of Parcel 4". C. That the Parcel 3 - Minimum Number of Parking Spaces be amended to read" "two spaces per free market unit plus the minimum required for Parcel 4 and 1.5 spaces per PMH unit. d. That the Parcel 3 - Permitted uses be amended by adding the following as a permitted use: "parking for the benefit of Parcel 4". e. That the use restrictions applicable to Parcel 3 be amended by deleting paragraph which reads: "zoning for the condo- minium units known as Club Villas shall be limited during the first 30 days of pre -sale in the first year and during the first 120 days of pre -sale in subsequent years, to permanent use as defined above in paragraph 2(a), with a term of lease of at least 30 days in duration to a single occupancy group and with a single two (2) week rental period or to one (1) week rental periods being permitted annually. These units shall be deed restricted in accordance here- with. A 3% discount in the sales price shall be offered to all potential buyers for 30 day or 120 day pre -sale periods. Units unsold after the applicable 30 or 120 day pre -sale will be made available without the lease limitations and without the 3% discount in the sales price". f. That the Parcel 4 - Maximum Number of Parking Spaces be amended to read: "200 spaces for the use of Parcel 4, although not required to be totally located upon Parcel 4 if located upon an adjacent Parcel." 19 g. That the Parcel 4 - Minimum Number of Parking Spaces be amended to read: "99 spaces for the use of Parcel 4, although not required to be located totally upon Parcel 4 if located on an adjacent Parcel, provided that at least 45 spaces are located on Parcel 4." h. That the Parcel 4 - Permitted Uses be amended by adding the following as.a permitted use: "tree farm". i. That the Parcel 5 - Permitted Uses be amended to read: "30 restricted and/or unrestricted residential units pro- vided that unrestricted units shall only be allowed to the extent that the total units do not exceed 30 and that the number of restricted units not provided within this Parcel are provided in another location." j. That the Parcel 10. - Permitted Uses be amended by adding the following as a permitted use: "tree farm". k. That the Parcel 12 - Permitted Uses be amended by adding the following as a permitted use: "tree farm". Section Three. Sale of restricted units without restriction. The sale of Club Villas units 202, 204, 206 and 20.8 as authorized by the Housing Authority without the normal PMH restrictions and without any rental restrictions as unrestricted (.free market) units is hereby ratified and the Company is hereby credited with the development of four PMH units. The sale of PMH townhouses without normal PMH restrictions is hereby authorized and upon sale the Com- pany shall be credited with the development of an equal number of PMH units. Proceeds of the sale of such units over agreed upon construction costs shall be paid to the Housing Authority to be used for any lawful purpose. Section Four. 1981 PMH Program. The Company shall construct, on a speculative basis, five (5) Country Club Homes Townhouses .for sale to qualified PMH purchases. The Company shall reserve, for three years, a site within the Country Club Homes Parcels for the development of up to five PMH townhouses and shall explore with the Housing Authority alternatives in des-ign and location to reduce the. cost of future PMH housing projects, to be constructed in. the cnowmass Club P-U_D. The. Company shall begin preparation of alternative plans for the Villas East and Anderson Ranch sites ,fox Housing Authority review in 1982. INTRODUCED, READ AND ADOPTED ON FIRST READING by the Town Council of the Town of Snowmass Village, Colorado on this 18th day of January , 1982 by a vote of 5 to 0 Councilmembers Desmond and Johnson absent. INTRODUCED, READ AND ADOPTED ON SECOND READING by the Town Council of the Town of Snowmass Village, Colorado on this 1st day of February , 1982 by a vote of.. 6 to 0 Councilmember Rogers absent. ATTEST: TOtn By: Susan S. Hansen, Town Clerk EXHIBIT A SNOWMASS CLUB P.U.D. ALLOCATED DEVELOPMENT COSTS Utility Trunk Costs Water Distribution Sewer Collection Gas Distribution Electric Distribution Telephone Distribution Cable TV Management Fees (design and construction supervision only) Streets and Roads Paths and Trails Site Engineering Surveying Other Engineering Field/Soil Investigations Blueprints/Reproductions Construction Loan Interest and Fees Legal Planning Expenses Bulkheading and Retaining Walls Excavation and Earthmoving Bridges and Culverts Erosion Control General Site Work Roadway Lighting Drainage The above costs shall be allocated on the basis of the net interior square footage according to a fraction, the numerator. of which is the square footage of the restricted units and the denominator of which is the square footage of all units, whether restricted or unrestricted. t wT Box5-770 i Ali j, ; O81617 STATE OF COLORADO County of Pitkin I, do solemnly swear that I am the of THE SNOWMASS SUN; tha the same is a weekly newspaper printed, in whole or in part, and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been addmitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newpaper is a weekly newspaper duly qualified for publishing legal notices and advertisements with the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of consecutive insertions; and that the first publication of said notice was in the issue of said newspaper date A.D., 19aa, and that the last publication of said notice was in the issue of said newspaper 04dated en A.D., 19 Subscribed and sworn to before me, a notary public 1 ,and for the County of Pitkin, State of Colorado, this It- day of Q1A Id ill ,., D., 19O 221 L -Wu use -11 Notary Public My commission expires J Copy of Notice PAGE TWENTY-FOUR 07 TOWN OF SNOWMASS VILLAGE inLtV 1 J of units that the CTOWNCOUNCILprovide.: Such amensORDINANCENO.2 change in pace, 'unit SERIES OF I982 ' method of sale or rent AN ORDINANCE AMENDING ORDINANCE price or'rental rates XJn 4,Joanrr ..`-,-...-.---= rP.IAtino. to .i:....,.:c.e_ IL) IME FINALPLANNEDUNITDEVELOPMENTPLAN This Section is inter FOR THE SNOWMASS CLUB SUBDIVISION provisions of Article 2 APPROVED PURSUANT TO ORDINANCE Planned Unit No- 8, SERIES OF 1980.' to amendment and motand mot WHEREAS, the Town Council previously ap- Planned Unit Developm d. That the sentenprovedtheFinalPlannedUnitDevelopmentSectionThreeisherebPlanfortheSnowmassClubSubdivisionby; Or- dinance No. 8, Series of 1980 on March 31, 1980; follows: Detailed Finaland WHEREAS, the Snowmass Company, Ltd., plt dedications and sub agreements, shaItbe subandtheSnowmassClubPartnership, Ltd. haverequested the Town according toamendmentstoOrdinanceNo. 8, Series of 1980, and to the Final Planned Unit approval of the final pla division RegulationDevelopmentPlanfortheSnowmassClubSub- division; prio buildingpermits. and WHEREAS, the Town of Snowmass Village e. For the purpose o. PUD Plan approved her, Housing ;Authority has recommended certain be defined as follows: amendments to the Snowmass Club PUD asmore A "tree farm" is a s: particularly: set forth in the HousingAuthority; Resolutions No. l owner or an individual or and No. 2, Series of1981; and a commercial landscaping WHEREAS, following review of the proposed the growing of indigeno Portion of which are inamendmentstheTownCouncilhasfoundthattheamendmentsarefromthetreefarmforit reasonable, that the amend- ments No more than 95% of thwillnotadversely ' affect the publichealth, safety and welfare and viving to I I:year maturity ought to be ap- proved; and retail activity for the benel WHEREAS, the Town Council finds that the will be conducted upon the or operator may install: amendments set forth herein below are consistent With the Snowmass Village Master reasonably necessary for tt Plan, the Ob- farm including water lines. jectives of Planned Unit Development, thePlannedUnitDevelopmentevaluation tenance buildings, provid standards and all other zoning regulations approved in advance by t not subject to variation by Planned Unit Development Or- stalled in conformance' wit planting, noisy maintenancdinancesandoughttobeapproved; andWHEREAS, and shrubs shall be condutfinalapprovalwillbemadefollowingrequirednotices,- Friday; 8:30 a.m. to 5:30phearingsandagencyreferrals. of time for which eachsite r NOW, THEREFORE, BE IT farm shall be for a period ORDAINED bytheTownCouncilof. the date on which trees aretheTownofSnowmassVillage, Colorado. site. This period consists of of the trerc a.,,t t,_.— _ r)I' 1'01',IJCAT.10ii (')I' ()1")TNAN('1-; No. i THE SNOWMASS VILLAGE SUN Box 5-770 Snowrnass-Tillage-, CO 81611 PROOF OF PUBLICATION STATE OF COLORADO County of Pitkin 1, CJ, do solemnly swear that I am the of THE SNOWMASS SUN; tha the same is a weekly newspaper printed, in whole or in part, and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been addmitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newpaper is a weekly newspaper duly qualified for publishing legal notices and advertisements with the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated A.D., 19 , and that the last publication of said notice was in the issue of said newspaper D., 19 . Subscribed and sworn to before me, a notary public inpd for the County of Pitkin, State of Colorado, this - day of k I A.D., 19 Notary Public My commission expires -) Copy of Notic,r PAGE.TWENTY-FOUR / Town m woc g er The_§teu.nboat victory put A back into a tie for first in the lea id . 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