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Town Council Ordinance 02 2010TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 2 SERIES OF 2010 AN ORDINANCE CONCERNING A MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT FOR PARCEL D, EAST VILLAGE PUD. WHEREAS, CLA Snowmass Office Company, LLC, a Colorado Limited Liability Company, ("Applicant") submitted an application for a Minor Amendment of a Final Planned Unit Development (PUD) to the Snowmass Village Planning Department on August 5, 2009; and WHEREAS, the proposal involves a change the use of the existing one-story building (formerly the Snowmass Land Company offices) to permit the use of the parcel for single-family residential use WHEREAS, the Planning Department deemed the application complete for review purposes pursuant to Section 16A-5-50 to Snowmass Village Municipal Code ("Municipal Code"); and WHEREAS, the Planning Commission reviewed the application on July 1, 2009, and on October 7, 2009 passed Resolution No. 15, Series of 2009, making its recommendations to the Town Council; and WHEREAS, the Town Council commenced review of the application on December 21, 2009; and WHEREAS, the public hearing notice was published in the Snowmass Sun on December 16, 2009 for the Town Council meeting on January 4, 2010 to hear a presentation of the proposal by the Applicant, consider Town staff and Planning Commission recommendations and public comments along with the application review, and subsequently, the public hearing was continued to January 18, 2010; and WHEREAS, the application was reviewed and processed in accordance with the provisions outlined in Sections 16A-5-390 of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Findings and Recommendations. The Town Council hereby finds that: General Findings — 1) The submission requirements for the application were adequately provided pursuant to Sections 16A-5-40 and 390 of the Municipal Code and included written and graphic materials in sufficient detail to deem the application complete for review. 2) The proposed application qualifies as a `Minor Amendment' pursuant to Code Section 16A -5-390(1)b, meaning a one-step review before the Plannina Commission and the RECEPTION#: 567954, 0312512010 at 01:35:18 PM, 1 OF 7, R $36.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO TC Ord 10-02 Page 2 of 3 Town Council, and the amendment satisfactorily complies with the review standards outlined below per Section 16A-5-390(3) as follows: a) The proposed amendment is consistent with, or an enhancement of, the original PUD approval; b) The proposed amendment does not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, nor has a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property; c) The proposed amendment would not change the basic character of the PUD or surrounding areas; and d) The proposed amendment acceptably complies with the other applicable standards of this Division 3, Planned Unit Development, including but not limited to Section 16A -5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. Specific Findings — 1) It is acceptable to permit the current professional office building use to remain until such time as a property owner applies for and receives approval to permit the modification of the existing building or construction of a new building for single family use. 2) The zoning parameters that are attached as Exhibit "A" of this Ordinance provide for the conversion of the existing structure or construction of a new structure for single family use consistent with the current provisions for single family residences within Two Creeks and The Pines. 3) The Floor Area Excise Tax (FAET) provisions of the Municipal Code should be amended to enable additional floor area to be acquired for a new single family residence on this parcel. 4) Neither the existing structure or any new residential structure should be permitted to include an Accessory Employee Unit (AEU) unit within the lot. 5) The Applicant has offered to submit to the Snowmass Homeowners Architectural Design Committee Guidelines and review for any modification of the existing structure or construction of a new single family residence. Section Two: Action. The Town Council hereby grants the approval of the Minor PUD Amendment, subject to the compliance with the Amended PUD Guide attached as Exhibit "A"" and the conditions set forth in Section Three of this ordinance. Section Three: Conditions. The Town Council makes the following conditions for the Applicant to comply with or implement: 1) Based upon the Applicant's offer for this parcel to submit to the Snowmass Homeowners Architectural Design Committee Guidelines and review for any modification of the existing structure or construction of a new single family residence, written verification from the Snowmass Homeowners Association shall be provided to the Town Planning Director within sixty (60) days on the effective date of this Ordinance. TC Ord 10-02 Page 3 of 3 2) This Ordinance shall be recorded, at Applicant's expense, in the records of the Pitkin County Clerk and Recorder. 3) At such time as any building permit is issued to convert the land use for this parcel from professional offices to residential, the use and all land use/zoning parameters set forth for this parcel in the East Village Land Use Plan as approved by Ordinance No. 6, Series of 1994, which included "Professional Offices", shall be considered null and void and the parcel will thereafter be subject to the Amended PUD Guide attached as Exhibit "A" of this Ordinance. Section Four: Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. Section Five: Enforcement. Obligations herein this Ordinance shall be binding on the Applicant, its affiliates, successors and assigns. INTRODUCED, READ, AND APPROVED on First Reading by the Town Council of the Town of Snowmass Village, Colorado on this 1st day of February, 2010, upon a motion made by Council Member Boineau and the second by Council Member Butler, upon a vote of 5 in favor and 0 opposed. READ, APPROVED AND ADOPTED on Second Reading by the Town Council of the Town of Snowmass Village, Colorado on this 22nd day of February, 2010, upon a motion made by Council Member Butler and the second by Council Member Boineau, upon a vote of 3 in favor and 2 opposed. Council Member Mordkin and Lewis were opposed. ATT ST: Rhonda Coxon, CMC Town Clerk TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor Exhibit "A" TC Ordinance No. 02, Series of 2010 (Page 1 of 4) Parcel D, East Village PUD [Amended PUD Guide] Parcel Acreage: .997 Acres The use and all land use/zoning parameters set forth for this parcel in the East Village Land Use Plan shall remain as approved by Ordinance No. 6, Series of 1994, which included "Professional Offices", until the parcel is intended to be used for residential purposes pursuant to Ordinance No.2, Series of 2010. At such time as any building permit is issued to convert the land use from professional offices to residential the following limitations and parameters shall apply: Permitted Uses by Right: One (1) single family residence with appurtenant driveway, parking, utilities and accessory structures. Accessory Caretaker Unit (ACU). With the exception of underground utilities and driveway, setbacks and the building envelope shall be as shown on the attached Building Envelope and Setback Map and regulated pursuant to Section 16A -3-200(b) of the Snowmass Village Municipal Code ("Municipal Code"). Maximum Building Height: 28 feet for the principal residential structure and 18 feet for accessory structures. Building height shall be regulated pursuant to Section 16A -3-210(a) of the Municipal Code. Parking: Minimum one (1) parking space per bedroom. Maximum Building Square Footage (allowable FAR). Measuring floor area (FAR) shall be regulated pursuant to Section 16A -3-210(b) of the Municipal Code. The limitations for this lot shall be: If the footprint of the existing foundation is maintained in its present configuration, the maximum above -grade floor area is 4,447 sq. ft. and the maximum below -grade floor area is 3,478 sq. ft. The below -grade floor area may be habitable if it satisfies applicable Building Code requirements related to light and access. The foundation may be altered by the installation of doors, windows, light wells and the like in areas where the foundation is exposed and by the installation of decks or overhangs above the foundation; provided that: a. Along the walls of the existing basement defined by the bubble on Diagram 1, only light wells may be permitted as necessary to provide required light and egress as minimally required by the Town building code. With the exception of light wells, the current finished grade along the north side shall not be modified by more than thirty six (36 inches) from its present condition as shown on Diagram 1. b. On the south side of the existing basement, grading and daylighting of the basement area shall be permitted in a way that is consistent with the attached Diagram 1. Exhibit "A" TC Ordinance No. 02, Series of 2010 (Page 2 of 4) c. With the exception of any basement window well casements, no structural modifications to the basement habitable space or below -grade foundation wall may extend beyond the existing footprint of the building. For the avoidance of doubt, the foregoing does not prohibit patios or rear yard grading on the south side of the existing basement. d. If the installation of any such decks or overhangs results in additional floor area, there will be a corresponding reduction in the existing below -grade floor area. e. The ceiling height within the basement may be increased provided the current finished grade topography within the front yard setback remains except as provided in Paragraph 1(a) above. 2. If the footprint of the existing foundation is altered, except for the installation of doors, windows, light wells and the like, or the installation of decks and overhangs above the foundation, the habitable floor area shall be limited to 5,500 sq. ft., with no more than 4,447 sq. ft. of habitable floor area on or above grade. Additional subgrade floor area may be allowed pursuant to the Floor Area Excise Tax provisions of the Municipal Code. 3. The first 700 sq. ft. of garage space shall be exempt from the above floor area calculations. If the existing building is demolished and a new single-family residence is constructed, the property shall be eligible for additional floor area through the provisions of the Floor Area Excise Tax. 4. The property is not eligible to create an Accessory Employee Unit (AEU). 5. The property shall be subject to the Snowmass Design Committee guidelines and architectural design review requirements if and when it is converted to residential use. Notice to Owners and Occupants of Parcel D: Parcel D is adjacent to an active ski area and a commercial area. As such, Parcel D will be impacted by ski area operations and commercial activities associated with those operations, including, but not limited to, snowmaking, snow grooming, lift operations, the maintenance, repair, replacement or re- grading of skiing areas and facilities, patrons skiing near Parcel D, permitted commercial activities, and public and private transportation and parking. tri GO) CO) Q / / / / /' �' I / / / /�� .� "moi � -„ -. ..- -- � _``� _ � �� --a _ _-.• �- '- �.4ltfl-' � '_^,�^ I �� // /, / / / / / / / // / / / , / ��/'VV✓"'""" ' � _((`�-�.�_�.. � " � _ � -^ � ^_..- _._ � � - ^- -- 1 � i•• ` � -^ "� Jam• �� -"•--. //// � /, '�'. �//// y/ / ' � �/ /' ( •_) -�' � _ , ^ .�� — ^^-' -ter_„-----•-ot'a� � -`� lam'^ r !/i; ; ,%; / ,l��:�!".!!,!•!!!l���j// / �!�.�r �b, a� r=am • /,' / / i%/!!!!•!./! � !! 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