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07-24-00 Town Council Packet r SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION 07-24-2000 2:00 — 2:15 P.M. INTERVIEW APPLICANTS FOR CITIZENS GRANT REVIEW BOARD (CGRB) -- Gary Suiter. . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 1 2:15 —4:15 LAND USE CODE DISCUSSION —ARTICLE V -- Chris Conrad. . . . . . . . . . . . . . . . . . . . . . . . . . Page 6 4:15 —4:55 ENTRYWAY/POOL DISCUSSION -- Craig Thompson/Bernadette Barthelenghi. . . .Page 89 4:55 — 5:00 BREAK +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING 07-24-2000 CALL TO ORDER AT 5:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-Minute Time Limit) Item No. 3: FIRST READING — ORDINANCE NO. 18, SERIES OF 2000 AN ORDINANCE AMENDING THE SNOWMASS SKI AREA S.P.A. TO PERMIT THE CONSTRUCTION OF A CHILDREN'S RACE BUILDING AND SURFACE LIFT ADJACENT TO THE SCOOPER SKI TRAIL AND TO AMEND ORDINANCE NO. 03, SERIES OF 1996 REGARDING THE SNOWMAKING CONTROL BUILDING -- Chris Conrad. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 93 Item No. 4: RESOLUTION NO. 27, SERIES OF 2000 A RESOLUTION APPOINTING NEW MEMBERS TO THE TOWN OF SNOWMASS VILLAGE CITIZEN GRANT REVIEW BOARD -- Gary Suiter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 109 Item No. 5: MANAGER'S REPORT -- Gary Suiter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 111 Item No. 6: APPROVAL OF WORK SESSION SUMMARY FOR 07-18-00 AND MEETING MINUTES FOR 06-19-00 AND 07-10-00. . . Page 115 , 07-24-00tc Page 2 Item No. 7: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/STATUS REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 132 Item No. 8: CALENDARS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 139 Item No. 9: ADJOURNMENT NOTE: ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. TOWN COUNCIL COMMUNIQUE Meeting Date: July 21, 2000 Presented By: Gary Suiter, Town Manager Subject: Interview applicants for Citizens Grant Review Board (CGRB) Overview: Attached are applications from citizens who have expressed an interest in serving on the CGRB. Applicants include Margery Fridstein, Mary Beth Bassett, Linda Sandels and Dan Alpert. Fridstein, Bassett and Sandals served on the Grants Review Committee in the past, which is now the newly created Citizens Grant Review Board. Resolution No. 27, Series of 2000, appointing members to the CGRB, is listed as Item No. 4 on the Council Agenda for today's Council Meeting. Recommendation: Interview and consider applicants for appointment on the Citizens Grant Review Board. h/shendrto coup l c npue shell (master M deputy torn cork COnpuler/Narnew/panenl) I pt SASE eCnJV.3 zo ­r%ff TOWN C.L"Xk OFFICE, AY How"Y' Iuuf tTtt{ TOWN OF SNOWMASS VILLAGE Application for Board/Commission Position ❑ Board of Appeals and Examiners ❑ Liquor Licensing Authority ❑ Financial Advisory ❑ Planning Commission ❑ Election Judge ❑ Election Commission ❑ Arts Advisory Board Other: canota Gomm VAv%Sw 16oaaed Name Home Phone: 11 Fk I (Jl) 970 C(2- 3 S512- Physical Home p�j -0 �Q .1 p Permanent Residence: Address: 0$ `I {Ux I,u 1V Tk , City: rjJV6V) MA5S VI�t! A 00 Yes q,,-' No ❑ ST.&ZIP: Mailing Address: O, l2 Indicate Plan of Permanent Residence Su e0V61s Business Mailing Address: Office Phone: S - 910 9 23 s7 S-) Z " Employed With: Position: ,,,, pp � Qt D t p . A Are you Registered to Vote in Snowmass Village: Yes 9� or No ❑ List the Experieencce,or Education which may qualify you for this position: Y10A>-2� �✓v--e.�t_. `Hl -Ito 1. Why do you wish to be appointed to this position? I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, milling and able to take an oath as well as accepting the res onsibilities and duties. / Appli nt's 'gnature Date v� Return to : Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 mAboards\app.b&c pt_ts 6sE Vt✓mie-a Yo -r�k6 —roww7 C-LG rk OFFtCZ TOWN OF SNOWMASS VILLAGE Application for Board/Commission Position ❑ Board of Appeals and Examiners ❑ Liquor Licensing Authority ❑ Financial Advisory ❑ Planning Commission ❑ Election Judge ❑ Election Commission ❑ Arts Advisory Board Other: GTt'LEN G*Apr VAvtrzty f3baRp Name: Home Phone: (42-- 41t)`5 Physical Home ' ^.1� 1,, /J Permanent Residence: Address: � W,,W \NOMI0ndyL t2ld it 1,5-t City: J YesA No ❑ ST.&ZIP: Mailing Address: Indicate Place of Permanent Residence BYalnesa Mailing Address: Office Phone: Employed With: Position: Are you Registered to Vote in Snowmass Village: Yes A or No ❑ List the Experience or Education which may qualify you for this position: A✓E, MYE2L N yard wtv, qPhrvllh0tA-JC, ''J' Why do you wish to be appointed to this position;: c 2X1 �T l aM�tntez -(YtP i✓ WDl({L t�noytt„) Ih ntJ°AI yl�ttVJ1�1 . I acknowledge that I am familiar with the oualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, wiiling and able to take an oath as well as accepting the responsibilities and duties. A licant's Signature �^ Date Return to : Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 mAboards\app.b&c 3 j 2-13-1998 5:38AM FROM SANDELS 9709236208 P• 1 �( FLCASG VJC- %J&31 Zn t�16 T' -n wN GLGOX-S OFFWZ we �yows"Y, Itsl.K I'7-r s{ TOWN OF SNOWMASS VILLAGE Application for Board/Commission Position D Board of Appeals and Examiners ❑ Liquor Licensing Authority o Financial Advisory o Planning Commission C3 Election Judge ❑ Election Commission ❑ Arts Advisory Board Other: CrTa-EN 6tvwr ppvtbvv 04049-6 Name. t!n e� HomePhom- Physical Home Permanent Resident: Addrn: /V / city: _ %5/7404)Mdse /la�Q CO 8/6/X� Yes No 0 ST.a ZIP: Mailing Adilms: Indicate Piece of permanent Residence: Business Mailing Addr.ss: Office Phone: Employed with: Position: All .✓ Are you Registered to Vote in Snowmass Village: Yes cKor No 0 List the Experience or Education which may qualify you for this position: Z.4'r/t 6e,44 en SKA; &amd g;02&0 ;As iiieeoXiir� Qn d &d& 04AMa in✓O/rte W Awn-4nelc r Pk. Oggi' 1 4✓L 20.6 % Sr !l/JV✓ Why do you wish to be Vppointed to this position �� ta�6orc I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am eaciv, willing and able to take an oath as well as accepting the responsibilities and duties. /a yep Applicant's fgnature Date Return to : Town Clerk, Town of Snowmass Village,.Box 5010, Snowmass Village, CO 81615 m:\boards\epp.bDtc y TOWN OF SNOWMASS VILLAGE Application for Board/Commission Position ❑ Board of Appeals and Examiners ❑ Liquor Licensing Authority ❑ Financial Advisory ❑ Planning Commission ❑ Election Judge ❑ Election Commission ❑ Arts Advisory Board ❑ Other: Cf iz'.3 Name: Hon.c Phone: 7A>Y �1G P��7 9.73 517-7 Physical Home Permanent Residence: Address: City: Sn'GW 4'!;5 V Grf NE S.V Yes » No ❑ ST.A.ZIP: /ffP( /��t/ �/'D(s� Mailing Address: Indicate Place of Perman nt_Rd*?" fox 5-095 S✓est/M�ss ✓� CD �l�/-� -5WOx - -I , , �cGp Business Mailing Address: Office Phone: Employed With: Position: Are you Registered to Vote in Snowmass Village: Yes .15 or No ❑ List the Experience or Education which may qualify you for this position: 17l>KAF G`7'011/ CEVTA,2 -r)e /9711 A-CCD S`tf/OJ , �/a�iy OF /LLriYD/s IF7747 �vrRrafr sr-x102 golic'/ ADY1sorz, rivsr—or- got ��7��ar •4��ei�s ��o��l� �WgAep &t oH13EIL, &AMPRIGK at/k7Y PyBtIC SCNooI Govr�R�iE�il/ OX/ PPC 5 ff/fV 11 t/A�C/L- (/N1d a IALI1Yb/S I Why do you wish to be appointed to this position?: is elk a.QQ, ud Qd Q,cu acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I zn applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the :esponsibilities and duties. Applicant's Si nature Date Return to : Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 =Abonds\app.b&c - COUNCIL COMMUNIQUE Meeting Date: July 24, 2000 at 2:50 PM in a Work Session Presented By: Chris Conrad, Planning Director Subject: Discussion regarding amendments to Article V of the Town of Snowmass Village Land Use and Development Code. Background: Article V of the Land Use Code was last discussed in April. A copy of the material has been placed in your council boxes. Time and the inability to find the original digital file did not permit the preparation of new material for this meeting. Issues: Staff comments will be provided at that meeting. In addition to the proposed amendments outlined within the work session package, staff would like to discuss amendments concerning: • Clarifying Section 16A-5-300(b)(3), Priority to first complete application. • Incorporating language to better provide for site and architectural review of changes to existing buildings or new buildings within previously approved PUD's. • Discussion should occur regarding the criteria used to evaluate the basis for substantively amending a previously approved PUD. Recommendation: Provide direction to staff to proceed with scheduling of Article V for First Reading. P:\user\cconrad\MS Word Docs\Article V LUC Amendments TCMemo01 Y ARTICLE V Review Procedures Division 1. Common Review Procedures Sec. 16A-5-10. Purpose. The purpose of Division 1,Common Review Procedures, is to establish the procedures that apply to all development applications within the Town. These common procedures apply to the following types of development applications: interpretations,amendments to the text of the Land Use and Development Code, amendments to the Official Zone District Map, planned unit developments (PUD) and PUD amendments, special reviews, variances, administrative modifications, subdivision exemptions, subdivisions and subdivision amendments and temporary use permits. (Ord.4-1998 §1) Sec. 16A-5-20. Overview of common development review procedure. (a) Common Procedure Step 5. Figure 5-1, Common Review Procedure, generally illustrates prowdes an oves,is how the Town processes land development applications and. It identifies the activities an applicant may have to complete in order to obtain approval of a development appliGat on In general,the steps that comprise the common procedure are as follows: (1) Attend pre-application conference; (2) Submit application; (3) Staff reviews of application; (4) Publish Prevision of public notice; (5) Action by decision-making body board; and (6) Actions following development approval. The following sections of this Division describe the common procedures associated with each of these steps. (b) How the R#latieashipe€Common Procedure Applies to Particular Application°. T m in applying the common procedures,Table 5-1,Summary of Development Review Procedures, indicates summmrisos how certain elements of the common procedure apply to each type of application4l Fwwws It describes whether the pre-application conference is mandatory or optional for each type of application, which body board is authorized to review, act upon or hear appeals for each type of application and whether public notice is required for the application. (Ord.4-1998 §1; Ord. 6-1999 §1) 7 1 Figure 5-1 Common Review Procedure Attend Pre-Application Conference Submit Application <__ Correct Defects T Notify Applicant Of Deficiencies TNot Planning Director Review for Completeness __> Complete Planning Director Certifies as Complete Referral to Local, Staff Review of Set Public Hearing State, and Federal Application Date and Provide Agencies Public Notice Prepare taff Report Hearing By Review Body(ies) Approve, Approve Conditionally, Table, or Deny Application Submit Documents For Recordation (when applicable) Apply for Building Permit 9 2 TABLE 5-1 , SUMMARYaOBDEVELOPMENT-REVIEW PI.WEDURE'S i, Applicadonlype= PreRo)e'ofRcommendiug(IR);w EubBeiNbdce ' Appileation =.Deds1cm+M4king-(D"nnd'- Required?,l' ConferenceV Appeal{A)Bodies Staff , Plannings Town% Comm. :Council Interpretation(Soot 169440)„ , Optional DM A No Amendment to Text bfDovelolmiento Optional R R DM Yes(for Town Code(Sear 16A%5-210)*1 to t68;M Council second Ofllcial Zone DWetMap(Sea 16A- reading of 5-220) ordinance) PUD Sketcb'Plan(Sec 16A-5420)'; Mandatory R R DM Yes(for joint meeting and for Town Council resolution) PUD Preliminary Plan(Sea 16A•5- Mandatory R R DM Yes(for Planning 340) Commission and Town Council) PUD Final Plan(Sm-16A-5-360)' Optional R DM No PUD Amendment(Secr16A-5-390)° " Mandatory R R DM Yes(for Town Council) Special Review(Seca 16A-5-230)',,. Optional DM' A Yes(for staff or Planning Commission) Variance(Sec.16A-5-240) Optional R DM A Yes(for Planning Commission) Administrative Modification Optional DM' A Yes' (Sec.16A-5-250) Subdivision Exemption(Article V, Optional R DM No Division 5) Subdivision(Article V,Division 4) Mandatory R R DM Yes(for Planning Commission) Subdivision Amendment(See.16A-5- Mandatory R DM Yes(for Town 450) Council) Annual Temporary Use(Sec.16A-5- Mandatory R R DM Yes(for Town 260) Council) Administrative Temporary Use(Sec. Optional DM A No 16A-5-260) Notes: 1. Public notice shall be given as specified in Section 16A-5-60,Notice of Public Hearings. 2. Staff is the decision-making body board for administrative modification and special review applications. However,the staff may refer any administrative modification or special review application to the Planning I 3 Commission if issues arise during the staff review or the public hearing that cannot be resolved. In such cases, action shall be by the Planning Commission at a public hearing. 3. Required notice shall be given as noted in Table 5-2. Sec. 16A-5-30. Pre-application conference. (a) General. At the pre-application conference is an oppo mit or an the applicant may to confer with the Planning Director to obtain information and guidance as to the Town's development procedures and standards. Table 5-1, Summary of Development Review Procedures, lists the application types for which a pre-application conference is mandatory and those for which it is optional. It shall be the applicant's responsibility to schedule the pre-application conference. (b) Purpose of Pre-Application Conference. The purpose of the pre-application conference is-fer to determine, in general,what provisions of this Development Code apply to the proposed development. (c) Contents of Pre-Application Conference. Items to that should be discussed during the pre- application conference include the following: (1) Applicant's proposal. The applicant shall should provide a verbal description of the proposed development,accompanied by a survey,site plan or other map that illustrates the property's boundaries and the applicant's initial development concepts. The applicant should also provide a general indication of when the application is likely to be submitted. (2) Review procedure. The Planning Director should identify the procedures that will apply to the proposed development,including which decision-making body board or bodies boards will review the application,whether public notice will be required and the sequence of actions and the likely time required to complete the development review process. (3) Review agencies. The Planning Director should identify those agencies that will review the development application. Upon request, the Planning Director will shall provide the applicant with the names of contact persons at these agencies. (4) Application contents. The Planning Director should shall describe the materials required to be submitted as part of the development application,provide any applicable Town application forms, identify the number of copies of the application to be submitted and indicate the fee for the development application. (d) Written Summary. Upon request by the applicant,the Planning Director shall,within seven(7) calendar days, issue a written summary of the specific procedures and information requirements for the rp oject pre application GonfeFenG . (Ord.4-1998 §1) Sec. 16A-5-40. Submission of application. (a) Authorization Initiation. A development application may only be submitted to the Community Development Department by the owner, or any other person having a recognized interest in the land for which the development is proposed,or their authorized agent. /0 4 (1) Applicant is not the Owner's Permission. If the applicant is not the owner of the land,or is a contract purchaser of the land, the applicant shall submit a letter signed by the owner consenting to the submission of the application. If the applicant is not the sole owner of the land, the applicant shall submit a letter signed by the other owners, or an association representing the owners,consenting to or joining in the development application. (b) Minimum Contents. The development application shall include the information and materials specified for that particular type of application in the applicable section of this Article V. In addition,all development applications shall,at a minimum,include the following information and materials: (1) Name,address,telephone number and power of attorney. The applicant's name,address and telephone number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name,address and phone number. (2) Legal description. The legal description and street address, if such exists, of the parcel on which development is proposed to 000uf. (3) Disclosure of ownership. A currcnt certificate from a title insurance company or attorney licensed in the State which shall set forth the names of all owners of property included in the application and shall include a list of all mortgages, judgments, liens, contracts, easements or agreements of record that affect the property. At the Town's option, the holders or owners of such mortgages,judgments,liens,contracts,easements or agreements of record may be required to consent to the application before it is acted upon by the Town. (4) Written description. A written description of the proposal and an explanation, in written, graphic or model form, of how the proposed development complies with the review standards applicable to the application, found in the applicable section of this Article V. (5) Vicinity map. An eight and one-half inch by eleven inch(8 Y2'x 11")vicinity map locating the subject parcel within the Town. (6) Other maps. All other maps required for the application shall be prepared at a scale of one inch equals one hundred feet(1"= 100)or larger,on sheets no larger than thirty inches by forty-two inches(30" x 42"),with an unencumbered margin of one and one-half inches(1.5")on the left hand side of the sheet and one-half inch (0.5") around the other three (3) sides of the sheet. Sheets of twenty-four by thirty-six inches (24" x 36") are preferred. If it is necessary to place information on more than one (1) sheet, an index shall be included on the first sheet. Report-size versions of all maps, reduced to a sheet size of no greater than eleven inches by seventeen inches (I V x 17"), shall also be submitted. (7) Base fee. The application shall be accompanied by the applicable base fee from the Community DevelopmernDepartment's fee schedule. The fee schedule shall be established and may be revised from time-to-time by the Planning Director. The fee schedule shall be available for review in the Community DevelopmentDepartment during normal business hours. a. Actual fee. The actual review fee shall be computed by the Planning Director, based upon a staff hourly rate determined by the Planning Director to be an estimate of the fully /r 5 allocated hourly cost of review of the application by the Town staff, plus the actual costs incurred by the Town in employing consultants, including attorneys and engineers, performing services for the Town directly related to the application. b. Reimbursement due. The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Planning Director. The reimbursement to the Town by the applicant shall be due and payable within fifteen(15)days of the date of billing. (c) Consolidation. The Town's development review process is intended to encourage efficient processing of applications. Applicants may request, and the Planning Director may permit, the consolidated submission and review of all necessary development applications for a parcel of land. The Planning Director is authorized to waive any overlapping submission requirements in the consolidated review. (Ord.4-1998 §1) Sec. 16A-5-50. Staff review of application. (a) Determination of Completeness. The Planning Director shall determine whether the application is complete and includes information in sufficient detail to determine whether it complies with the applicable substantive standards of this Development Code. The Planning Director shall endeavor to make said determination and notify the applicant accordingly within fifteen (15) days of receiving the application. (1) Incomplete Application is net Gamplete. If the application is not complete, the Planning Director shall inform the applicant of the deficiencies in writing within 15 days and shall take no further action on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within sixty(60)days,the application shall be considered withdrawn and returned to the applicant. (2) Complete Application is Gemplete. If the application is complete, the Planning Director shall certify it as complete,and assign the application an agenda date with the applicable review body board. (3) Completeness is not a determination of compliance. A determination that an application is complete shall not constitute a determination that it complies with the substantive standards of this Development Code. (b) Staff Review. Within thirty (30) days from the date of the completeness determination, the Planning Director shall review the development application to determine its conformance with the requirements of this Development Code. The Planning Director may solicit the professional analysis and recommendations of any other agency, organization or technical consultant deemed appropriate and necessary to complete the review, such as: (1) members of the Town staff; (2) county, state or federal entities having an interest in or authority over the proposed development or any portion thereof;(3)utility companies, special service districts serving the proposed development and the school district; and (4) engineers,designers and legal consultants. (c) Report. Prior to the date of the review body board meeting,the Planning Director shall compile a written report that sets forth how the application complies with,or does not comply with,the applicable standards of this Development Code. At least three (3) days prior to the first public review of the /at 6 application,the Planning Director shall distribute a copy of the report to each member of the review body board and to the applicant,and shall make the report available to the public. (Ord.4-1998 §1) Sec. 16A-5-60. Notice of public hearings. (a) Notice Required. Table 5-1, Summary of Development Review Procedures,identifies the types of land development applications that require shall he considered dupiRg a public hearing, and at what step during the review process that hearing shall occur. Publig not no Rhall be provided for @aGh Notice shall be provided as specified below. (b) Manner and Timing of Notice. Public notice shall be given by publication of notice in the newspaper, mailing of notice to property owners surrounding the subject property and posting of notice on the property, as specified herein. The number of days prior to the hearing that each type of notice must be given is summarized in Table 5-2,Timing of Required Public Notices. (1) Publication of notice. Publication of notice shall be accomplished by the staff, who shall place a legal notice in a newspaper of general circulation in the Town. The legal notice shall state the date, time, location and purpose of the public hearing, and the name of the decision-making body board conducting the hearing and shall be published once. is to be amended, a raap illustrating the prepased amendment shall also b@ publishOd With thO legal notiGe for th@ hearing-. (2) Mailing of notice. Mailing of notice shall be accomplished by the applicant. The notice that the applicant shall mail shall be prepared by the Planning Director and provided to the applicant. Notice shall be sent by first class mail to all property owners with properties located wholly or in part within three hundred(300) feet of the subject property. a. Source of list. The applicant shall compile the list of property owners to whom notice will be mailed by using the most current list of property owners on file with the County Tax Assessor. b. Contents of mailed notice. The notice that is mailed shall contain the following information: 1. Description of proposal. A description of the proposed application, including a reference to the Code section under which the application will be processed and the name of the decision-making bsdy board that will conduct the hearing. An exhibit depicting the proposed development shall also be included. 2. Description of property. A description of the subject property. TABLE 5-2 TIMING OF REQUIRED PUBLIC NOTICES Days Prior To Hearing That Public Notice Must Be Given Application Type Published- Mailed Posted Amendment to 30 No No Comprehensive Plan 13 7 Interpretation No No No Amendment to Text of is No No Development Code: Amendment to Official 15 30 15 Zone District Map PUD Sketch Plan to, No No (Planning Commission) PUD Sketch Plan(Town 10 10 10 Council) PUD Preliminary Plan 30 30 15 PUD Final Plan.- No No No PUD Amendment 39 15 30 15 SpechdReview:, 3015 3015 Is Variance 30 30 Is Administrative No 15' No Modification Subdivision Exemption No No No Subdivision 30 30 15 Subdivision 30 30 15 Amendment Annual Temporary Use 15 No 15 Administrative No No No Temporary Use Comprehensive Sign- 15 15 No Plan No public hearing occurs before the Planning Commission;the required public notice is for thejoint meeting,pursuant to Section 16A-5-320(4),Joint Meeting. 2 Mailed notice shall be by certified mail and return labels shall be presented to the Planning Director prior to public hearing. A Ma led nomc,shall be by certified ma 1 and Pplioat on amend 2 use n an approved RUD,pursuant to Section 16A 5 250(a) 3. Vicinity map. A vicinity map showing the location of the property within the Town. 4. Date time and place. The date, time and place of the public hearing for which notice is being given. 5. Map amendment. If the application is for an amendment to the Official Zone District Map, a map illustrating the proposed amendment shall be included with the mailed notice. The notice shall state what the present zoning is and what the new zoning will be and shall set forth the dimensional limitations for the proposed zone, as established in this Code. 8 6. Subdivision. If the application is for approval of a subdivision, the notice shall specify the proposed types of uses and gross residential density. 7. Additional hearings. The written notice shall also state that additional public hearings may be held before the Planning Commission and/or Town Council at later dates, for which only published notice shall be required, and shall indicate that additional information regarding the proposal is available for inspection at the Town offices during normal business hours. 8. Contact person. The address and telephone number of the Community DevelopmentDepartment, and the name of the person to whom written comments should be directed prior to the public hearing. (3) Posting of notice. Posting of notice shall be accomplished by the applicant. The applicant shall obtain a copy of the sign from the staff or shall use a form approved by the staff. The applicant shall enter onto the sign the date,time,location and purpose of the public hearing,and the name of the decision-making body board conducting the hearing. The applicant shall post the sign in a conspicuous location on the subject property. a. Dimensions. The dimensions of the sign shall be not less than twenty-two inches wide by twenty-six inches high (22" x 26"). Lettering on the sign shall be not less than one (1) inch in height. b. Materials. The materials to which the notice form is affixed shall be sturdy and waterproof or shall have a waterproof covering. The applicant shall maintain the sign in a legible manner until the closure of the public hearing and shall remove it on the day following closure of the public hearing. (4) Validity of notice. If the applicant follows the procedures indicated above in good faith,the failure of any particular property owner to receive notice shall not affect the validity of the proceedings which require such notice. By way of example, notice shall not be considered invalid because of unrecorded or subsequent transfers of title, or uncertainties concerning ownership not discernible from the tax assessment rolls. (5) Proof of notice. At or before the actual public hearing,the applicant shall provide the Town with an affidavit certifying that notice was posted. A copy of the list of property owners to whom notice was mailed shall be attached to the affidavit. A photograph of the posted sign shall also be attached to the affidavit. (Ord.4-1998 §1; Ord. 6-1999 §1;Ord. 10-1999 §1) Sec. 16A-5-70. Action by decision-making body board. The decision-making body board shall comply with the following procedures in taking action on the development application. (a) Site inspection. As part of its consideration of the development application, the decision- making body board may, as a group or through a committee appointed for that purpose, inspect the site of the proposed development. Upon reasonable request by the Planning Director, the applicant shall mark the development site before the site visit is to occur to locate property boundaries,building ,!r 9 envelopes and other key site development features. (b) Conduct of public hearing. A public hearing shall be conducted in accordance with the following procedures: a. Rights of all persons. Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization. b. Order of proceedings. The order of the proceedings shall be as follows: 1. Description. The Planning Director shall present a narrative and/or graphic description of the application and a staff report on the application, which includes a written recommendation. 2. Applicant presentation. The applicant shall present any information that has been previously submitted in application the appliGant deems appropriate. The burden shall be on the applicant to demonstrate through competent evidence that the application complies with all applicable provisions of this Development Code. 3. Public testimony. Public testimony shall be heard. 4. Applicant response. The applicant may respond to any testimony or evidence presented by the public. 5. Staff response. The Planning Director and any other staff member may respond to any statement made by the applicant or the public. c. Exclusion of testimony. The Chairman conducting the public hearing may exclude testimony or evidence that is found to be irrelevant, immaterial or unduly repetitious. If any testimony or evidence is so excluded,the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer shall be made at the public hearing. d. Continuance of public hearing. The body board conducting the public hearing may, on its own motion or at the request of the applicant,continue the public hearing to a fixed date,time and place. An applicant shall have the right to request and be granted one (1) continuance. All subsequent continuances shall be granted at the discretion of the body board conducting the public hearing only upon good cause shown. e. Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to the action on the application by the decision-making body board. f Record of public hearing. The body board conducting the public hearing shall record the public hearing by any appropriate means, including transcription, audiotape or videotape. The written or taped record of oral proceedings, including testimony and statements of personal opinions; the minutes of the Clerk; all applications, exhibits and papers submitted in any proceeding before the decision-making,administrative or advisory bedy board;the staff report and the decision of the body board shall constitute the record. /6 10 (3) Action by deGision making body. After hearing the evidence and considering the comments of all persons interested in the matter, the decision-making bedy board shall make its decision and findings and have them entered in its minutes. The decision-making body board shall not be required to take final action on an application during the same meeting when testimony from interested persons is taken,but action shall be taken as promptly as is reasonable. a. Findings. In its findings,the decision-making bedy board shall report the facts,whether the application complies with the applicable review standards, and whether the application is approved, approved with conditions, recommended for approval by another bedy board, tabled pending receipt of additional information or denied. b. Copy to applicant. A copy of the decision-making body board's decision shall be provided to the applicant within a reasonable period of time after the decision has been made. (4) Inactive applications. The decision-making body board may deny any application that remains inactive. An application may be deemed inactive and be denied when the decision-making body board determines that the applicant is not making reasonable progress in moving the application towards final approval. a. Determination of inactivity. A project shall be considered inactive if more than two (2) months have passed since a written request for additional information was made by the Planning Director or the review body board,and the request has not been complied with,or more than three (3) months have passed since the last official contact between the applicant and the decision- making body board. b. Written notice. The Planning Director shall provide advans® 30 days in advance, written notice to the applicant stating the time,place and date when the decision-making body board will consider denial of the application due to its inactivity. (Ord.4-1998 §1) See. 16A-5-80. Appeals. (a) General. Table 5-1, Summary of Development Review Procedures, identifies those types of actions by decision-making bodies that may be appealed. Appeals of actions by decision-making bodies shall comply with the following procedures. (b) Written Appeal. An appeal of an action by a decision-making body board shall be submitted in writing to the Planning Director within fifteen (15) days after the date of the decision being appealed. The written appeal shall state the basis of the appeal in detail, and the relief that is requested, and shall include any materials or evidence to support the appeal. (c) Standing to Appeal. The following persons shall be deemed to have standing to submit an appeal: (1) Applicant. The applicant or the owner of the property; (2) Person who testified. Any parties in interest persea who testified at the public hearing on the application; or / 7 11 (3) Person who submitted written comments. Any poFson parties in interest who submitted written comments on the application before final action was taken, excluding persons who only signed petitions or form letters. (d) Procedure. The appeal shall be heard by the body board authorized to hear the appeal at a regularly scheduled meeting within thirty(30)days after the date of the filing of the written appeal. The Planning Director shall inform the applicant,the appellant,and anyone who testified at the public hearing or submitted written comments on the application of the date,time and place of the meeting. The body board hearing the appeal shall either affirm,affirm with modifications or reverse the original action. The original action shall only be modified or reversed if it is determined that: (1) there is not substantial evidence in the record to support the original decision,or(2)the original action was inconsistent with the applicable provisions of this Land Use and Development Code. The decision of the appellate body board shall be final and shall not be further appealed, but may be subject to review by the courts pursuant to law. (Ord.4-1998 §1) Sec. 16A-5-90. Vested property rights. (a) General. Consistent with the provisions of Section 24-68-101 et seq.,C.R.S.,a vested property right shall attach to and run with the applicable real property upon the approval of a site specific development plan. (b) Site Specific Development Plan. A site specific development plan, for the purpose of vesting a property right under Section 24-68-102(4),C.R.S., shall specifically include the following: (1) Final PUD plan. A final planned unit development plan approved pursuant to Article V, Division 3,Planned Unit Development. (2) Subdivision. A final plat of a subdivision approved pursuant to Article V, Division 4, Subdivision Regulations. (3) Special review. A special review use approved pursuant to Section 16A-5-230, Special Review. Where none of the foregoing approvals is required by the nature of an application for any land use approval, the final approval granted by resolution of the Town Council shall be deemed a site specific development plan, except that under no circumstances shall a variance be deemed to be a site specific development plan. Furthermore,the establishment of a zoning designation or a zone district with respect to any real property,either original or by an amendment to the Official Zone District Map or to the text of this Development Code, shall not constitute a site specific development plan, unless the amendment is approved simultaneously with any of the specific types of approvals listed above. (c) Conditional Approval. Approval of a site specific development plan may be made with or without condition, and the failure to fully abide by the terms of any conditional approval will result in a forfeiture of a vested property right. (d) Term of Vested Right. Rights which have been vested as provided herein shall remain so vested for a period of three(3)years,unless extended by the Town Council in its complete discretion on a case-by-case basis. The Town Council shall consider both the needs of the Town and the property /r 12 owner in determining to extend a vested property right beyond three(3)years. Any such extension shall be in the form of a development agreement duly authorized and executed by the landowner or landowners involved and approved by ordinance. The Town Council may impose reasonable conditions upon any such extension. (e) Applicability of Other Town Codes. The establishment of a vested property right shall not exempt the property owner from requirements for building permits, other necessary permits or other approvals required subsequent to the approval of a site specific development plan. The establishment of a vested property right shall not preclude the application of the requirements of the building code, fire code,plumbing code,electrical code,mechanical code or other requirements necessary for the protection of the public health,safety and welfare. (f) Judicial Review. Approval of a site specific development plan shall be subject to judicial review, and the period of time permitted by law for the filing of any such action shall begin to run from the date of site specific development plan approval. (g) Approvals Granted Prior to June 1, 1988. The provisions of this Section shall not apply to any site specific development plan or other land use approval granted prior to June 1, 1988. The applicable law on the date of such prior approval shall apply to such projects. (Ord.4-1998 §1) Division 2. Procedures for Review of Particular Applications Sec. 16A-5-200. Purpose. The purpose of Division 2 is to establish the procedures,submission contents and standards that apply to each type of development application within the Town. This Division addresses the following types of development applications: amendments to the text of the Land Use and Development Code,amendments to the Official Zone District Map, planned unit development (PUD), special review, variances, administrative modifications, subdivision exemptions, subdivision and temporary use permits. (Ord.4- 1998 §1) Sec. 16A-5-210. Amendments to text of Development Code. (a) Purpose. The purpose of this Section is to provide the means by which the Town Council may, from time to time,amend,supplement or repeal the text of this Land Use and Development Code. (b) Initiation. An amendment to the text of this Development Code may be initiated by resolution of the Town Council,by the Planning Commission,by the Planning Director,by any person who holds a recognized interest in land within the Town or by any citizen or business owner within the Town. (c) Procedure. The following procedures shall apply to an application for an amendment to the text of this Development Code. These procedures are illustrated in Figure 5-2, Text or Map Amendment Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional, but recommended, prior to submission of an application for an amendment to the text of this Development Code. q 13 (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-210(d), Submission Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50,Staff Review of Application. (4) Planning Commission review. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. The Planning Commission shall review the application, considering the standards of Section 16A-5-210(e), Review Standards, and shall make its recommendations to the Town Council. (5) Town Council first reading. The Planning Commission's recommendations shall be forwarded to the Town Council at a regular meeting,together with a complete copy of the application and a copy of the staffs review. The Town Council shall consider all relevant materials and shall adopt an ordinance on first reading amending the Development Code as recommended or with modifications,or shall adopt a resolution denying the application,citing specific reasons therefor. (6) Public hearing. Prior to second reading of such ordinance, the Town Council shall hold a public hearing. Public notice of the hearing shall be given by publication of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. The Town Council shall consider the application, any relevant support materials, the staff report, the Planning Commission's recommendation and the public testimony given at the public hearing. Following closure of the public hearing, the Town Council shall either adopt the ordinance, adopt the ordinance with modifications or deny the ordinance, considering the standards in Section 16A-5-210(e), Review Standards. If the Council shall make modifications to the ordinance prior to adoption it may,but need not,remand the application to the Planning Commission for further recommendations. (7) Interim amendment procedure. From the period following the adoption of this Land Use and Development Code until December 31, 1999, the Town Council may initiate amendments to the text of this Code without compliance with the provisions of Section 16A-5-210(c)(1) through (c)(5), provided that the Town Council shall refer such amendments to the Planning Commission following first reading of the ordinance for comment. Comments of the Planning Commission shall be delivered to the Town Council at the public hearing on the ordinance. (d) Submission Contents. An application for amendment to the text of this Development Code shall contain the following materials: (1) Minimum contents. The minimum contents for any application,as specified in Section 16A- 5-40(b),Minimum Contents. (2) Precise wording. The precise wording of the proposed amendment. (e) Review Standards. An application for an amendment to the text of the Development Code shall comply with the following standards: (1) Consistent with purposes. The proposed amendment shall be consistent with the purposes of this Development Code. 4�O 14 (2) Not conflict with other provisions. The proposed amendment shall not conflict with any other applicable provisions of this Development Code. (3) Consistent with Comprehensive Plan. The proposed amendment shall be consistent with the Town of Snowmass Village Comprehensive Plan. (4) Public health,safety and welfare. The proposed amendment shall preserve the public health, safety,general welfare and environment and contribute to the orderly development of the Town. FIGURE 5.2 TEXT OR MAP AMENDMENT PROCEDURES PRE•APPUCATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF PUBLIC REVIEW NOTICE PLANNIN COMMISSIG ON MEETING TOWN COUNCIL FIRST READING OF ORDINANCE PUBUC NOTICE TOWN COUNCIL SECOND READING OF ORDINANCE (Ord. 4-1998 §1; Ord. 1-1999§1) Sec. 16A-5-220. Amendments to Official Zone District Map. (a) Purpose. The purpose of this Section is to provide the means by which the Town Council may, from time to time, amend, supplement or repeal the contents of the Official Zone District Map. No rezoning of a specific parcel of real property by a change in zoning classification resulting in a change to 021 15 the Official Zone District Map shall be valid unless approved by the Town Council pursuant to the provisions set forth herein. (b) Initiation of Map Amendment. An amendment to the Official Zone District Map may be initiated by resolution of the Town Council,by the Planning Commission,by the Planning Director or by any person who holds a recognized interest in the land affected by the proposed amendment or their authorized agent. (c) Procedure. The following procedures shall apply to an application for an amendment to the Official Zone District Map. These procedures are illustrated in Figure 5-2, Text or Map Amendment Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional, but recommended,prior to submission of an application for an amendment to the Official Zone District Map. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the applicable materials specified in Section 16A-5-210(d), Submission Contents. (3) Staff review. Staff review of the application shall be accomplished,as specified in Section 16A-5-50, Staff Review of Application. (4) Planning Commission review. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. The Planning Commission shall review the application, considering the standards of Section 16A-5-220(e), Review Standards, and shall make its recommendations to the Town Council. (5) Town Council first reading. The Planning Commission's recommendations shall be forwarded to the Town Council at a regular meeting,together with a complete copy of the application and a copy of the staffs review. The Town Council shall consider all relevant materials and shall adopt an ordinance on first reading amending the Official Zone District Map as recommended or with modifications,or shall adopt a resolution denying the application,citing specific reasons therefor. (6) Public hearing. Prior to second reading and final adoption of such ordinance, the Town Council shall hold a public hearing. Public notice of the hearing shall be given by publication, mailing and posting of notice,pursuant to Section 16A-5-60(b), Manner and Timing of Notice. The Town Council shall consider the application, any relevant support materials, the staff report, the Planning Commission's recommendation and the public testimony given at the public hearing. Following closure of the public hearing,the Town Council shall either adopt the ordinance,adopt the ordinance with modifications or deny the ordinance, considering the standards in Section 16A-5- 220(e),Review Standards. (d) Submission Contents. An application for an amendment to the Official Zone District Map shall contain the following materials: (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b),Minimum Contents. 2Z 16 (2) Survey map. An accurate survey map of the property proposed for amendment, stating the area of the property proposed to be amended in square feet or acres. (3) Zone districts. A map showing the present zone district designation(s) of the property and the zoning of all adjacent properties,as depicted on the Official Zone District Map. (4) Existing uses. A description of the existing uses on the property and on all adjacent properties. (5) Petition. A petition in favor of the rezoning,signed by real property owners representing at least eighty percent (80%) of the land area included in the application, if property other than that owned by the applicant is included in the area of the proposed rezoning. (6) Private applications. For any private application for an amendment to the Official Zone District Map,the application shall contain a development proposal for the entire parcel, submitted in conformance with Article V,Division 3,Planned Unit Development,or any other applicable section of this Article V. a. Rezoning of a portion of a parcel. The Town Council may permit the rezoning of only a portion of a larger parcel when the Town Council has determined that said rezoning is consistent with the standards of Section 16A-5-220(e), Review-Standards, and said action is necessary to . promote the public health,safety and welfare. b. Conditional approval. The application for rezoning will be considered for conditional approval subject to subsequent approval of a development proposal for the area to be rezoned. (e) Review Standards. An application for an amendment to the Official Zone District Map shall comply with the following standards and, whenever applicable, shall also comply with the standards of Section 16A-5-220(f),Review Standards for Rezoning of Lands Zoned Open Space or Conservation. (1) Consistent with Comprehensive Plan. The proposed amendment shall be consistent with the Town of Snowmass Village Comprehensive Plan. (2) Consistent with purpose of zone district. The proposed amendment shall be consistent with the purpose of the zone district to which the property will be designated. (3) Compatibility with surrounding zone districts and uses. The development permitted by the proposed amendment shall be compatible with surrounding zone districts, land uses and neighborhood character and shall result in a logical and orderly development pattern within the overall community. (4) Necessary circumstances. The applicant shall demonstrate that the following circumstances exist: a. Error. There has been a technical error in the boundaries shown on the Official Zone District Map; or b. Changed conditions. There have been changed conditions affecting the subject parcel and 23 17 the surrounding neighborhood that support the proposed amendment;and c. Community need. The proposed amendment addresses and helps to resolve a community need that is documented in or is consistent with the intent of the Comprehensive Plan. (f) Review Standards for Rezoning of Lands Zoned Open Space or Conservation. Certain lands have previously been zoned Open Space or Conservation within Snowmass Village by the Town, with the approval of the property owner at the time of the zoning. The preservation of these parcels in their open and natural character has been determined to be in the best interest of the public welfare. There are, however, certain circumstances where a change of zoning may be desirable in order to facilitate a development that is in the public interest. Any amendment to the Official Zone District Map that would change the zoning of any land designated Open Space or Conservation to any other zone district category established in Article III, Zone Districts, of this Development Code shall only be permitted when the application complies with the following standards: (1) Areas of five(5)acres or less. An area of up to but not exceeding five(5)acres that is zoned Open Space or Conservation may be rezoned to another zone district established in Article III,Zone Districts,provided that such amendment to the Official Zone District Map is necessary to facilitate a development proposal that is determined to be in the public interest and the application is approved by a two-thirds(2/3)vote of the entire Town Council. (2) Areas in excess of five(5)acres. An area exceeding five(5)acres that is zoned Open Space or Conservation may be rezoned to another zone district established in Article III,Zone Districts, in order to facilitate a development proposal only when the developer shall rezone a suitable amount of land that is zoned other than Open Space or Conservation to Open Space. The suitability of the amount and location of land to be rezoned to Open Space by the developer shall be at the discretion of the Town Council. The objective shall be to ensure that there is not a diminishment of quality open space within the Town. The Town Council shall, prior to approving the application, find that the proposed amendment to the Official Zone District Map is in the public interest. Approval of the application shall require a two-thirds('/3)vote of the entire Town Council. (3) Election required. In an instance where the parcel to be rezoned from Open Space or Conservation to another category identified in Article III, Zone Districts, does not comply with the standards of Subsections (f)(1)or(2)above, said amendment to the Official Zone District Map shall only be permitted by the Town Council after such application is approved by a majority of the electors voting on the proposal in a special municipal election. (Ord.4-1998 §1) Sec. 16A-5-230. Special review. (a) Purpose. There are certain uses which,because of their unusual character and potential impact upon the use and enjoyment of neighboring property, cannot be classified into a particular district or districts without site specific consideration of their impacts upon neighboring lands and upon the public need for the particular use at the particular location. These uses require special review of their location, design, intensity, density, configuration, operating characteristics and impacts on public facilities, and may require the imposition of appropriate conditions to ensure the use will be compatible at a particular location and mitigates its adverse impacts. (b) Permit Required. Only those uses designated as a special review use in the underlying zone 2y 18 district in Article III, Zone Districts, may be approved by special review, after issuance of a permit in accordance with the procedures set forth herein. No approved special review use may be modified, structurally enlarged or expanded in ground area unless such modification, enlargement or expansion receives the prior approval of the Town, which approval shall be obtained b • repeating the granting. (c) Procedure. The following procedures shall apply to an application for a special review permit. These procedures are illustrated in Figure 5-6, Special Review Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is required optional, but recommended,prior to submission of an application for a special review permit. At this meeting or within 10 days afterward the Planning Director shall decide if the application can be processed by staff or if it must be forwarded to the Planning Commission. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Subsection(d),Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. Public notice that the staff is considering an application for a special review use shall be given by publication, mailing and posting of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. Notice of the public hearing shall also be provided to the Planning Commission. (4) Public hearing. A complete copy of the application shall be forwarded to the Planning Director,together with a copy of the staff review. The Planning Director shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. (5) Action by Planning Director. Within three (3) days after the closure of the public hearing, the Planning Director shall approve, approve with conditions or refer the application to the Planning Commission at their next available regular meeting detry-the applisatiea, considering the relevant materials and testimony and the standards in Subsection (e), Review Standards. If, during the staff review or during the public hearing,any issues arise that cannot be resolved to the satisfaction of the Planning Director staff or the applicant,then the staff shall refer the application within 30 days to the Planning Commission, which shall approve, approve with conditions or deny the application, based on the standards in Subsection(e), Review Standards. Public notice that an application for a special review use has been referred to the Planning Commission shall be given by publication,mailing and posting of notice,pursuant to Section 16A-5-60(b),Manner and Timing of Notice. (6) Appeal. A decision by the Planning Director or the Planning Commission on a special review application may be appealed, pursuant to Section 16A-5-80, Appeals. The appeal shall be referred to the Town Council, which shall consider the matter pursuant to Section 16A-5-80(d), Procedure. ,2 m4r 19 FIGURE 5.6 SPECIAL REVIEW APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION :ACTION PUBLIC NOTICE PLANNING DIRECTOR PUBLIC HEARING REFER APPLICATpN TO PLAN.COMMISSION OR PUBUC NOTICE AND HEARING BY PLAN.COMMISSION PLANNING COMMISSION ACT ON (d) Application Contents. A special review application shall contain the following: (1) Minimum contents. The minimum contents for any application,as specified in Section 16A- 5-40(b),Minimum Contents. (2) Improvements survey. An improvements survey, showing the location and dimensions of all existing structures, streets,alleys, easements,drainage areas, irrigation ditches,public and private utilities and other significant features within the property. (3) Site plan. A site plan, showing proposed features that are relevant to the special review application. (4) Other information. The Planning Director may request the applicant to submit such other information as is necessary to evaluate the impacts of the special review application. Examples of the information that may be requested are elevations of proposed new or remodeled structures,analysis of the traffic impacts of the proposed use or evaluation of the environmental impacts of the proposed use. (e) Review Standards. An application for a special review use shall comply with the following 024 20 standards: (1) Consistent with Comprehensive Plan. The proposed use shall be consistent with the intent of the Town of Snowmass Village Comprehensive Plan. (2) Comply with standards of Development Code. The proposed use shall comply with all other applicable standards of this Development Code, including,but not limited to: a. Zone district standards. The purpose of the zone district in which it is located, the dimensional limitations of that zone district and any standards applicable to the particular use, all as specified in Article III,Zone Districts. b. Development evaluation standards. The applicable standards specified in Article IV, Development Evaluation Standards. (3) Compatible. The proposed use shall be appropriate to its proposed location and be compatible with the character of surrounding land uses in the area, and shall not adversely affect the future development of the surrounding area. (4) Adequacy of access. Access to the site shall be adequate for the proposed use, considering the width of adjacent streets,their grades,intersection safety,visibility and entrance into the area to be developed. When appropriate,public transportation,or other public or private transportation services, and appropriate pedestrian facilities,shall be made available to serve the use. (5) Design minimizes adverse impact. The design and operation of the proposed use shall minimize adverse impacts and shall not create a nuisance, considering such impacts as traffic congestion or traffic hazards,service delivery,parking and loading,trash removal,odors,noise,glare and vibration. (6) Design minimizes environmental impact. The proposed use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources,wildlife habitat,scenic resources and other natural resources. (7) Facilities. There shall be adequate public facilities available to serve the proposed use, or the applicant shall propose necessary improvements to address service deficiencies that the use would cause. In particular, the applicant shall demonstrate that adequate water supply and sewage disposal service is available for the proposed use, including sufficient water pressure to provide for fire protection needs. (8) Parking. Sufficient off-street parking shall be provided for the proposed use. (f) Conditions Authorized. The Planning Director or the Planning Commission may,in approving the special review permit, impose such restrictions and conditions on such approval, the proposed use, and the premises to be developed or used pursuant to such approval, as it determines are required by the Comprehensive Plan and this Development Code to prevent or minimize adverse effects from the proposed use and development on surrounding land uses and on the general health,safety and welfare of the Town. The Town shall be authorized to set limits on the length of any special review permit that it issues and to obtain assurances that the ongoing operation of the use will comply with all of the 027 21 applicant's representations and all conditions of approval, such as by requiring an annual compliance review. All conditions imposed in any special review approval, with the exception of conditions made applicable to such approval by the express terms of this Development Code, shall be set forth in the special review permit. (g) Expiration. A special review permit shall be valid for three (3) years from the date of its issuance. If,within three(3)years,the applicant shall not have obtained a building permit to develop the special review use, or shall not have placed the special review use into operation, if the use does not require a building permit,then the permit shall expire. (1) Extension. An applicant may request an extension of these expiration provisions. The request shall be submitted to the Planning Director and must be submitted prior to the date on which the permit is to expire. Submission of a request for an extension shall stay the expiration of the permit until such time as the extension request is approved or denied by the Town Council. (2) Town Council authority. Authority to grant an extension of up to one(1)year shall be at the sole discretion of the Town Council,which shall consider whether it has been demonstrated that: (a) the applicant has diligently pursued the permit; (b) failure to proceed with the permit was beyond the applicant's control; and (c) there is a reasonable likelihood that the permit will be developed within the next year. (Ord.4-1998 §1) Sec. 16A-5-240. Variances. (a) Purpose. This Section sets forth the procedures and standards for obtaining a variance from the standards of the Land Use and Development Code. A variance is a deviation from the standards of the Development Code that is necessitated by special circumstances or conditions of the physical site(such as exceptional topography,or the narrowness,shallowness or shape of a particular piece of property),that would create practical difficulties for, or an unusual hardship upon, the owners of the land if the provisions of this Code were to be strictly enforced. (b) Procedure. The following procedures shall apply to an application for a variance. These procedures are illustrated in Figure 5-7,Variance Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional prior to submission of an application for a variance. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: a. Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b),Minimum Contents. b. Site plan. A site plan of the subject property,showing existing improvements and proposed development features that are relevant to the review of the proposed variance application. c. Other information. The applicant shall submit such other written or graphic information as is necessary to describe and evaluate the proposed variance,such as proposed building elevations. o2g 22 (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. (4) Action by Planning Commission. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. Public notice that the Planning Commission will consider the application shall be given by publication,posting and mailing of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. The Planning Commission shall hold a public hearing to consider the application,which shall be conducted pursuant to Section 16A- 5-70(b), Conduct of Public Hearing. The Planning Commission shall consider all relevant materials and testimony, shall consider the standards of Subsection(c), Review Standards, and shall approve, approve with conditions or deny the application. (5) Appeal. A decision by the Planning Commission on a variance application may be appealed,pursuant to Section 16A-5-80,Appeals. The appeal shall be referred to the Town Council, which shall consider the matter pursuant to Section 16A-5-80(d),Procedure. FIGURE 5-7 VARIANCE APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (OPnONAL) SUBMIT APPLICATION STAFF PUBLIC REVIEW NOTICE PLANNING COMMISSION PUBLIC HEARING PLANNING COMMISSION ACTION (c) Review Standards. An application for a variance shall comply with all of the following standards: (1) Special circumstances exist. There are special circumstances or conditions, such as exceptional topography, or the narrowness, shallowness or shape of the property,that are peculiar to the land or building for which the variance is sought, and do not apply generally to land or buildings in the neighborhood; 23 (2) Not result of applicant. The special circumstances and conditions have not resulted from any act of the applicant; (3) Strict application causes practical difficulties. The special circumstances and conditions are such that the strict application of the provisions of this Development Code would result in practical difficulties to and undue hardship upon the use of the land or building; (4) Necessary to relieve practical difficulties. The granting of the variance is necessary to relieve the applicant of the practical difficulties and undue hardship in the use of the land or building and is the minimum variance that could be granted to achieve said relief; (5) Not adversely affect neighborhood. The granting of the variance will not change the character or otherwise adversely affect the neighborhood surrounding the land where the variance is proposed, will not have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the property in question, will not impair an adequate supply of light or air to adjacent property, will not increase the danger of fire or otherwise endanger public safety or the public interest and will not substantially diminish or impair property values within the neighborhood; (6) Harmony with Development Code. The granting of the variance will be in harmony with the purposes and intent of this Development Code,including the intent of the underlying zone district. No variance shall be approved that permits the construction or enlargement of any building or decks and related structures for any use prohibited in the underlying zone district; and (7) Consistent with Comprehensive Plan. The granting of the variance will be consistent with the intent of the Comprehensive Plan. (Ord.4-1998 §1) Sec. 16A-5-250. Administrative modifications. (a) Purpose. This Section sets forth the procedures and standards for obtaining an administrative modification. An administrative modification is a staff-level review procedure that allows minor changes to be made to certain dimensional limitations or other design features in order to address technical constraints or unanticipated circumstances that arise prior to or during final design and actual construction. An administrative modification may not be created by the applicant and shall only be granted for the following types of activities: (1) Setback. The intrusion of a building or an above-grade structure into a required setback by one(1)foot or less for new construction. (2) Floor area. An increase in the maximum allowable floor area of a structure by no more than two percent(2%)or fifty(50)square feet,whichever is less. (3) Building height. An increase in a building's height by one(1) foot or less. (4) Parking space size. A decrease in the size of a required parking space by one (1) foot or less. VICTORIA — I HAVE NOTED HERE THAT YOU ARE GOING TO MAKE A RECOMMENDATION ON THE FOLLOWING: 36 24 (5) Crawl space or attic space. A crawl space or attic space that is greater than five and one-half (5'/,) feet at any point when rational construction methods will not allow compliance with the maximum height of five and one-half(5'/:) feet, provided that the Planning Director may impose reasonable conditions to limit or restrict the use of said space. (6) On-grade or below-grade structures. The projection of an on-grade or below-grade structure into a required setback in a manner that exceeds the limitations established in Section 16A-3- 200(b)(2), Structures On or Below Finished Grade. The Planning Director may impose reasonable conditions to ensure that such structures will not hinder road maintenance and snow plowing operations and will have minimal visual impacts,and to ensure that the owner indemnifies the Town against any damage that may occur to said structures. (7) Building outside of established envelope. An intrusion into a required setback, where a building or portion thereof was previously constructed outside of the established building envelope for the lot. (8) Adjustment to building envelope. Adjustment of a building envelope to correct an existing condition or to allow it to better conform to the standards of this Development Code, such as by allowing less vegetation to be removed from the site,helping to lessen impacts from drainage or site grading or permitting better access to the site to be provided. (9) Administrative amendments. An administrative amendment 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 a further variation from that granted in the original approval. (10) Interim SPA (SPA-1 and SPA-2) authorization. Improvements to existing development within Specially Planned Area (SPA-1 and SPA-2) and Governmental Specially Planned Area zone districts that have not been reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Development, provided: a) the improvements are necessary for the maintenance and repair or remodeling of an existing building;b)there will be no change in type of use except as may be accessory to or customary in connection with the existing principal use(s)of the building; c) the total square footage of the floor space of the building is not increased by more than ten percent (10%) or five hundred (500) square feet, whichever is less, except in the case of Governmental Specially Planned Areas it shall be ten percent(10%)of the building floor space; d) the proposed improvements will be consistent with Section 16A-4-340, Building Design Guidelines to Preserve Community Character; and e) all future development improvements within the property shall be reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Development. The Planning Director shall require the preparation of an interim site development and land use plan and may impose reasonable conditions to ensure that such structures will not change the basic character of existing building or surrounding areas or have a substantially adverse impact upon surrounding properties. (11) Site disturbance outside building envelope. Earth berms located outside the building envelope which do not satisfy the criteria specified within Section 16A-4-320(b)(2)a, Earth Berm 3/ 25 Outside Building Envelope. The Planning Director may impose reasonable conditions to ensure that such berm will be located and designed to reasonably fit the site and to minimize the visual impact upon surrounding property owners. (b) Procedure. The following procedures shall apply to an application for an administrative modification. These procedures are illustrated in Figure 5-8, Administrative Modification Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional prior to submission of an administrative modification application. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: a. Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b),Minimum Contents. b. Site plan. A site plan of the subject property,showing existing improvements and proposed development features that are relevant to the review of the proposed administrative modification. As necessary, the applicant shall also submit such other written or graphic information as is necessary to describe the proposed modification, such as a sketch of those elements of the proposed structure for which an administrative modification is requested. c. Improvement survey. An improvement survey,showing the location and dimensions of all existing structures, streets,alleys,easements,drainage areas,irrigation ditches,public and private utilities and other significant features within the property or proximate to the project area shall be required as may be determined necessary by the Planning Director to ensure adequate review of the application. d. Other information. The Planning Director may request the applicant to submit such other information as is necessary to evaluate the impacts of the administrative modification application. Examples of the information that may be requested are elevations of proposed new or remodeled structures,analysis of the traffic impacts of the proposed use or evaluation of the environmental or fiscal impacts of the proposed use. e. List of adjacent owners. Applicants proposing to adjust a building envelope, extend an on-grade or below-grade structure into a required setback, obtain interim SPA (SPA-1 and SPA-2) authorization or to amend a use in an approved PUD shall submit a list of all owners of property that is located within three hundred (300) feet of the subject property. The list of persons shall be compiled pursuant to Section 16A-5-60(b)(2)a, Source of List. (3) Staff review and notice. Staff review of the application shall be accomplished as specified in Section 16A-5-50, Staff Review of Application. For an application proposing to adjust a building envelope, extend an on-grade or below-grade structure into a required setback, obtain interim SPA (SPA-1 and SPA-2) authorization or to amend a use in an approved PUD, the applicant shall provide notice by certified mail to all owners of property that is located within three hundred (300) feet of the subject property. The notice that is mailed shall contain sufficient graphic and written material to fully describe the administrative modification proposal and state 3Z 26 that the Planning Director will take action on the application within fifteen (15)days after the date of the mailing. (4) Action by Planning Director. Following the notice period,the Planning Director shall either refer the application to the Planning Commission for final determination or issue a written decision notice approving, approving with conditions or denying the application, based on the following standards: a. Unforeseen circumstances. The proposed modification shall be the result of circumstances that could not have been reasonably anticipated by the applicant prior to or during the original approval process; and b. Insubstantial impacts. Any adverse impacts on surrounding properties from the proposed modification shall be insubstantial. (5) , Referral to Planning Commission. If, during the staff review or during the public hearing, any issues arise that cannot be resolved to the satisfaction of the staff or the applicant, then the staff shall refer the application to the Planning Commission,which shall approve,approve with conditions or deny the application,based on the standards in Section 16A-5-250(4)above. Public notice that an application for administrative modification has been referred to the Planning Commission shall be given by publication, mailing and posting of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. (6) Appeal. A decision by the Planning Director on an administrative modification may be appealed,pursuant to Section 16A-5-80,Appeals. The appeal shall be referred to the Town Council, which shall consider the matter pursuant to Section 16A-5-80(d),Procedure. (7) Recording of decision. If the Planning Director or Planning Commission approves the administrative modification, the applicant shall, within thirty (30)days of the date of said approval, cause the written decision notice to be recorded in the records of the County Clerk and Recorder. (8) Recording of interim site development and land use plan. Within ninety (90) days of the date of approval of the administrative modification,the applicant shall,if required by their approval, submit two thme43-(ZhMylar copies, suitable for recording, of the interim site development and land use plan to the Planning Director, together with any other documents that are to be recorded. The Planning Director shall review the documents to ensure they comply with the terms and conditions of approval, shall obtain signatures for all of the applicable certificates on the interim plan and shall return the documents to the applicant. The applicant shall thereafter cause the documents to be recorded in the records of the County Clerk and Recorder,at the applicant's expense. 33 27 FIGURE 5.8 ADMINISTRATIVE MODIFICATION APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (OPTIONAL) SORMITAPPLICATION M REFERRAL TO PLANNING DIRECTOR PLANNING COMMISSION OR DECISION (Ord.4-1998 §1; Ord. 1-1999 §1; Ord. 10-1999 §1) See. 16A-5-260. Temporary uses. (a) Purpose and Authority. This Section is intended to provide a mechanism for the Town to consider activities of a temporary or short-term nature that provide or facilitate an overall benefit to the community or further an official policy or objective of the Town,such as temporary activities of a civic, educational or cultural nature or entertainment-oriented activities. (1) Administrative temporary use permit. An administrative temporary use permit may be issued to any short-term use not allowed as a use by right,or as an accessory use or special review use in the particular zone district where the use is proposed,provided that the individual activity or event shall last for a period of time not to exceed ten(10)days. (2) Annual temporary use permit. An annual temporary use permit may be issued to any short- term use not allowed as a use by right, or as an accessory use or special review use in the particular zone district where the use is proposed, or that involves the construction of any structure, provided that the individual activity or event lasts for a period of time in excess of ten (10) days, but not to exceed one(1)year. (b) Review Procedure. The following procedures shall apply to an application for an annual or an administrative temporary use permit. These procedures are illustrated in Figure 5-11, Temporary Use Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional prior to 31 IV 28 submission of an application for an annual or an administrative temporary use permit. The topics of discussion at the pre-application conference shall include,but not be limited to: a. Use and timing. The nature of the use in question and the time frame for which the temporary use permit is proposed to be in effect. b. Site characteristics. Physical characteristics of the site and surrounding area that will influence the determination of the suitability of the site for the proposed temporary use. c. Applicable provisions. The provisions of this Section that apply to the proposal, including the applicable review procedures, submission requirements and review standards. d. Emergency plans. Provisions and plans for dealing with potential emergency situations. e. Water and sanitation. Necessity for and availability of drinking water and sanitary facilities. f Food and beverage service. If food and beverage service is to be provided, a plan to provide such services and evidence of other necessary approvals or licenses. g. Parking and transportation. A parking and transportation plan and the necessity for police assistance. It. Admissions schedule. A rate,fee or admissions schedule for all or a portion of the activity, if applicable. i. Unique concerns. Any other concerns unique to the particular activity. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Subsection(c),Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. (4) Action by decision-making body board. A complete copy of the application shall be forwarded to the decision-making body board,together with a copy of the staff review. a. Administrative temporary use. If the application is for an administrative temporary use permit, or is for the renewal of a previously issued annual temporary use permit that will remain substantially as previously approved, then the Planning Director shall issue a written decision notice approving,approving with conditions or denying the application,based on the standards in Subsection(d),Review Standards. Prior to issuance of any administrative temporary use permit, the Planning Director shall forward a complete copy of the application to the Town Council, to notify the Council members of the pending action. b. Annual temporary use permit. If the application is for an annual temporary use permit,then the Planning Commission shall review the application, considering the standards of Subsection (d), Review Standards, and shall make its recommendations to the Town Council. Public notice 3S 29 that the Town Council will consider the application shall be given by publication and posting of notice,pursuant to Section 16A-5-60(b),Manner and Timing of Notice. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b),Conduct of Public Hearing. The Town Council shall consider all relevant materials and testimony, shall consider the standards in Subsection (d), Review Standards, and shall,by resolution,approve,approve with conditions or deny the application. (5) Actions subsequent to approval. a. Appeal of administrative temporary use permit. A decision by the Planning Director concerning an application for an administrative temporary use permit may be appealed,pursuant to the provisions of Section 16A-5-80, Appeals. The appeal shall be referred to Town Council, which shall consider the matter pursuant to Section 16A-5-80(d),Procedure. b. Changes or modifications. Any proposed changes or modifications to an approved temporary use permit may be approved by the Planning Director, provided such changes or modifications are insubstantial in nature and are generally consistent with the original approval. All other proposed changes shall require repetition of the procedures for obtaining the temporary use permit. c. Expiration. An administrative temporary use permit shall expire at the conclusion of the event or activity for which it was granted,and shall not be extended or continued. NO 30 FIGURE 5-11 TEMPORARY USE APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (MANDATORY) SUBMIT APPLICATION STAFF REVIEW ADMIN.TEMP.USE ANNUAL TEMP.USE ACTON SY PLANNING PLANNING COMMISSION DIRECTOR OR MEETING PUBLIC NOTICE TOWN COUNCIL PUBLIC HEARING TOWN COUNCIL ACTON (c) Application Contents. An application for an annual or an administrative temporary use permit shall contain the following materials. (1) Minimum contents. The minimum contents for any application,as specified in Section 16A- 5-40(b),Minimum Contents. (2) Site drawing. A drawing illustrating the characteristics of the site and surrounding area that are pertinent to the application,including its location,significant natural and man-made features,with particular attention to natural hazards, resources or other special areas of concern, the size and accessibility of the site and surrounding development and land use. (3) insuranGe. The applicant 6hall provide proof that a genesal liability insuFance peliGy in the amount of one million dollars ($1,000,000.00) will be in ef&Gt for the pfoposed temperaN3,use an submit an exagried indemnity and hold harmless agreement indrmnif�,iRg th@ T9'Aq1 in'Aqiting agaiRS , claim or damage to the applieant. (3) Notice of traffic disruption. Should the event involve major disruptions in normal traffic 7 31 flow, the applicant shall provide evidence as to how the event will be brought to the attention of the general public,specifically outlining the areas where any rerouting will occur. (4) Liquor license. Evidence that a liquor license or any other necessary Town application has been submitted to the Town Clerk,whenever applicable. (5) Approval by landowner. If the applicant is not the landowner, then the applicant shall present evidence to show approval of the landowner for the particular use. (d) Review Standards. An application for an annual or an administrative temporary use permit shall comply with the following standards. (1) Use shall be appropriate. The proposed temporary use shall be appropriate in the particular location, taking into consideration the nature of the use,its relationship to surrounding land uses and its impact with respect to environmental,social and economic matters. (2) Use shall comply with policies and regulations. The proposed temporary use shall comply with the Town's adopted policies and regulations,and shall not violate any applicable state,county or federal laws. (3) Applicant's skills and experience. The applicant shall demonstrate that he or she possesses the requisite skill and experience to ensure that the particular activity will be conducted in a safe and orderly manner. (4) Written approval. The applicant shall obtain written approval from all reviewing agencies having jurisdiction over the proposed temporary use. (e) Conditions Authorized. In granting a temporary use, the Planning Director or Town Council may impose reasonable conditions upon the permit,but shall in any event require the applicant to abide by at least the following conditions: (1) Disruptions in traffic. Should the event involve major disruptions in normal traffic flow,the applicant shall bring notice of the event to the attention of the general public. Said notice shall specifically outline the areas where any rerouting will occur. (2) Liquor license. Should the event involve obtaining a liquor license, the applicant shall comply with all applicable Town liquor license requirements. (3) Other considerations. Such other considerations as may be necessary including, but not limited to,provision for a damage or clean-up deposit,additional fees, hours of operation, sanitation requirements,traffic control,parking, transportation and provisions for utility service. (f) Penalties. Violation of any term or condition of an annual or an administrative temporary use permit by the permittee, its agents or employees shall subject the permittee to the penalties set forth in Section 1-72 of the Municipal Code. In addition, where probable cause exists to suspect that a violation of any term or condition of a temporary use permit will pose a threat to public health, safety or welfare, the Chief of Police is hereby authorized to revoke a temporary use permit and to require that any activity authorized thereby cease and desist immediately. (Ord.4-1998 §1) 3 9 32 Division 3. Planned Unit Development Sec. 16A-5-300. Purpose; overview;general restrictions. (a) Purpose. The purpose of the planned unit development(PUD) process is to permit variations from the strict application of the standards of the Town's zone districts in order to allow flexibility for landowners to creatively plan for the overall development of their land and thereby, to achieve a more desirable environment than would be possible through the strict application of the minimum standards of this Development Code. Specifically, it is the purpose of the planned unit development process to: (1) Allow creativity. Allow a creative approach to the development and use of land and related physical facilities to produce better developments and to obtain amenities for the public. (2) Allow variations. Allow a developer variations from certain requirements of the underlying zone district,provided such variations are consistent with the Comprehensive Plan, and will result in benefits for the community. (3) Maximize choice. Maximize choice in the type of environments available to the public. (4) Preserve natural features. Create patterns of development that preserve valued environmental resource lands and avoid the development of natural hazard areas. (5) Efficient land use patterns. Relate residential, commercial and community facilities in a manner that promotes cost effective transportation systems and population distribution,and enhances pedestrian access and movement that might not otherwise be achieved under the strict application of the requirements of underlying zoning. (6) Ensure public input. Ensure appropriate levels of public input to the planning process, so sensitive areas of the community can be developed in accordance with community goals and objectives. (b) Overview of PUD Procedure. A PUD application shall be reviewed pursuant to the procedures and standards of this Section. The procedures applicable to a particular PUD are dependent on whether the project is classified as a minor or a major PUD. The criteria for classifying projects as major or minor are described in Table 5-3, Criteria for Classifying PUD's as Major or Minor. If a proposed development activity does not fit within the criteria listed in the table, then the Planning Director shall determine whether the proposal should be classified as a major or minor development, taking into consideration whether or not it would be beneficial for the Town to review a sketch plan of the proposed development. TABLE 5-3 CRITERIA FOR CLASSIFYING PUD'S AS MAJOR OR MINOR Major PUD Mloor PUD A major PUD is a project that meets any A minor PUD is a project that meets all of the of the following criteria: following criteria: 39 33 New Development New Development • Contains more than four(4) • Contains no more than four(4) dwelling/hotel/lodge or other dwelling/hotel/ residential units. lodge or other residential units. • Contains more than four thousand • Contains no more than four thousand (4,000)sq.ft.of nonresidential space. (4,000) sq.ft.of nonresidential space. Additions/Re-Development Add itions/Re-Development • Adds no more than six(6) • Adds more than six(G) dwelling/hoteNodge or other residential dwelling/hotel/lodge or other units. residential units. • Increases the existing floor area or footprint • Increases the existing floor area or the of a nonresidential building by no than ten footprint of a nonresidential building percent(10%). by more than ten percent(10%). 1 11 (1) Steps in PUD review process. A major PUD shall be processed according to the following review steps,as further described herein: a. Sketch PUD plan review by the Planning Commission and Town Council. b. Preliminary PUD plan review by the Planning Commission. c. Preliminary PUD plan review by the Town Council. d. Final PUD plan review by the Town Council. A minor PUD shall be processed according to the same review steps as a major PUD, except that a minor PUD shall not be required to proceed through sketch PUD plan review. (2) Description of steps in PUD review process. The basic intent of each of the steps in the PUD review process is as follows: a. Sketch plan. The sketch plan review step is an opportunity for the Town and the applicant to engage in an exploratory discussion of a development proposal, to raise issues and concerns and to examine alternative approaches to development of the property. The applicant is encouraged to provide a written or graphic description of any altemative ideas that were considered as the sketch plan was being prepared. It should be expected that the development proposal may evolve during the course of sketch plan review. To encourage the consideration of alternatives and to allow the sketch plan to evolve, overly detailed preliminary plan level sketch plans will not be considered. The questions the Planning Commission and Town Council should consider in a conceptual manner during review of the sketch plan (depending upon the size and complexity of the proposal) include the following: 1. Use. Is the use proposed for the property generally appropriate in this location? Is it consistent with the intent of the underlying zone district and the character of surrounding uses? Z/O 34 2. Comprehensive Plan. Is the proposed development generally consistent with the Town's Comprehensive Plan? Is the proposed buildout within the range anticipated for the property? If the applicant proposes a buildout in excess of eighty-five percent(85%)of that identified in the Comprehensive Plan, then are the community purposes the applicant proposes to achieve the appropriate ones for this development to accomplish? 3. Architecture and landscaping. Are the buildings proposed to be developed in appropriate locations? Is the mass, scale and density of the buildings generally compatible with the character of the community and that of surrounding buildings? How much of the site is proposed to be common or dedicated open space? Is this an adequate amount of open space and does it appear to be in the appropriate locations? 4. Natural resource and hazard areas. What are the natural resource and hazard areas on the property? Is mitigation appropriate? 5. Access and circulation. Is the conceptual location, alignment and type of entry roads and the primary on-site roads acceptable? Should the applicant provide transportation options for residents, visitors, guests and employees and, if so, what type of options may be most appropriate? 6. Parking. Should the applicant provide on-site parking for the development in compliance with the standards of this Code, or should the applicant reduce parking below these standards, as provided in Section 16A-4-310, Off-Street Parking Standards? 7. Timetable. What is the proposed timetable for the development? Is it most appropriate for the development to occur all at once or in phases? If phasing is appropriate, then which portions of the project should proceed first? 8. Community welfare. Do the concepts contained in the proposed development promote the public health, safety and welfare? b. Preliminary plan. The purpose of preliminary plan review is for the applicant to formulate detailed,properly designed/engineered solutions to the issues and concerns identified during sketch plan review, and to address, in a detailed manner, all other issues that are relevant to the preliminary plan. For minor PUD applications, where no sketch plan was submitted, the purpose of the preliminary plan is to present detailed, properly designed/engineered plans for consideration by the Town and the public. The burden at the preliminary plan stage is on the applicant to provide detailed information and mitigation proposals to be evaluated by the Town and the public. For any PUD application that also involves subdivision or that requires approval of an amendment of the Official Zone District Map, the application for subdivision or rezoning shall be submitted with, and considered at the same time as, the preliminary PUD plan review. The questions the Planning Commission and Town Council should consider in a detailed manner during review of the preliminary plan (depending upon the size and complexity of the proposal) include the following: 1. Response to sketch plan issues and concerns. Has the applicant provided detailed, sufficient and appropriate responses to each of the issues and concerns identified during the sketch plan review? yr 35 2. Zone district limitations. Does the proposed development comply with all of the limitations of the underlying zone district? If the applicant proposes to vary any of the property's dimensional limitations, then does the application comply with all of the applicable standards for granting of the variation? 3. Comprehensive Plan. Is the proposed development consistent with all relevant policies and recommendations of the Town's Comprehensive Plan? If the applicant proposes a buildout in excess of eighty-five percent (85%) of that identified in the Comprehensive Plan, then will the community purposes that are most appropriate to be accomplished by the proposed development be achieved? 4. Architectural plans. Are the proposed mass, scale,height,density,volume,materials, colors and detailed design elements of the buildings compatible with, appropriate for or an enhancement of the character of the community and with surrounding buildings? 5. Landscaping and open space. Is the type, amount, size, species and location of proposed landscaping adequate and suitable for the development? Has adequate landscaping been provided as a buffer between uses and around the perimeter of the development? Has the applicant demonstrated that existing vegetation and trees on the site that should be protected will be so protected? Which specific areas of the site will be designated as open space; what is the proposed size, use and landscaping of each area? What are the preliminary plans for the homeowner's association or condominium association to maintain said open space? 6. Natural hazard areas. What is the site specific location and characteristics of any geologic hazards, steep slopes, flood plains and similar hazards on the property? Will any of these natural areas pose a potential threat to life or property? If so, what specific measures will be employed to avoid, minimize or mitigate these dangers? 7. Natural resource areas. What is the site specific location and characteristics of any wildlife habitat areas, riparian areas, wetlands and other valued natural features on the property? What are the anticipated impacts of the proposed development on these features? Has the proposed development been designed so it will comply with the standards of this Development Code that apply to these natural resource areas? 8. Grading and drainage. What is the extent of soil and vegetation disturbance planned for the site? How will disturbed areas be stabilized both during construction and following completion of the project? Where will excavated materials be stockpiled? Will any retaining structures be employed and, if so, what will be their design specifications and materials? How will stormwater be handled both during construction and following completion of the project? 9. Transportation impact. How many vehicle trips will be generated, and what is the anticipated public transportation ridership from the proposed development? What is the capacity of the intersections that the proposed development will impact? What will be the impacts of the proposed development on the Town's public transportation system, road capacities and parking facilities and how will these impacts be mitigated? What measures will the project employ to ensure that following development, roadways within the Town 7� 36 will continue to function at the adopted level of service standard? Have roads on- and off- site been designed in a safe and efficient manner, to connect the site to other activity areas and destination points? 10. Necessary facilities. Has the applicant provided detailed engineering plans and reports demonstrating the type, location and capacity of the water supply, sewage disposal, solid waste disposal, fire protection and other necessary facilities that will be constructed to serve the project? Will these facilities be available in a timely manner to serve the project? 11. Restricted housing. What is the specific mix and configuration of housing that will be provided to meet the Town's restricted housing requirements? What guarantees has the applicant agreed to provide to ensure that such housing will be available at the time it has been required by the Town? 12. Fiscal impact. Will the proposed development have a positive or negative fiscal impact upon the Town and other taxing districts that provide services to it? If the proposal is shown to have a negative fiscal impact, then what measures will the applicant employ to mitigate those costs? 13. Energy conservation. What will be the energy utilization of the significant energy- consuming elements of the project (such as heating systems, swimming pools, saunas, jacuzzis,etc.). What specific active and passive techniques will the development employ to promote energy conservation and take advantage of solar and alternative energy source opportunities? 14. Air quality. What will be the primary sources of air pollution from the project? What will be the quantity and composition of pollutants that will be discharged on a daily and seasonal basis and what are the dispersal qualities of the site that will affect the pollutants that are generated? What geographic area will be impacted by these pollutants? What techniques will the development employ to reduce the impacts of these pollutants? 15. Construction management plan. What is the proposed plan for phasing of the project? What is its construction schedule? What measures will be employed to mitigate construction impacts? 16. Community welfare. Does the proposed development in its totality promote the public health, safety and welfare? c. Final plan. The purpose of final plan review is for the applicant to provide the Town with documentation of how the PUD will comply with all of the representations made during the application process, and will address all issues or concerns raised during that process. This documentation shall include a final development plan, a guarantee of public improvements and covenants, as applicable. The final development plan shall specify the zone district limitations and development regulations that will guide the future development of the property. This may be referred to as the "PUD Guide." The questions the Planning Commission (if required) and Town Council should fully resolve during review of the final plan (depending upon the size and complexity of the proposal) include the following: 1/3 37 1. Response to preliminary plan conditions. Has the applicant provided detailed, sufficient and appropriate responses to each of the conditions identified applied to the preliminary plan? 2. Agreements and guarantees. Has the applicant submitted an adequate subdivision improvements agreement and pledge of security to guarantee the performance of any public improvements required by the Town? 3. Other plans and documents. Has the applicant submitted such other documents(final development plan, final landscaping plan, final grading plan, final utility plan and final architectural plan)that set out the specifications for all relevant features of the development proposal? Has a final version of the homeowner's association or condominium association documents or covenants been submitted, describing how the association will maintain any common open space? (3) One (1)major PUD under review. Unless otherwise authorized by resolution of the Town Council, there shall only be one (1) major PUD application under review by the Planning Commission and one (1) other major PUD application under review by the Town Council at any time. The Planning Director shall formulate procedures to administer this policy, based on the following provisions: a. Priority to first complete application. Scheduling priority shall be given to the first complete major PUD application received,provided that: (1)any project that has received sketch plan approval shall receive scheduling priority upon submission of its preliminary and final plan applications;and(2)any major PUD application that the Town Council determines serves a public purpose shall receive scheduling priority over all other development applications. b. Requests for additional information. In order to allow for development review to proceed in a timely and fair manner, applicants who are requested by the Planning Commission or Town Council to submit additional information or to amend their application which are necessary for the uninterrupted continuous review shall submit a complete package of the requested materials to the Planning Director at least seven(7)days prior to the next scheduled meeting of that body board. If an applicant does not submit the requested materials in a timely manner, the next prioritized application will be scheduled before that review body board. However,once the applicant submits a complete package of the requested materials to the Planning Director, the application shall receive scheduling priority over all other development applications. The provisions of this paragraph shall also apply to a submission being processed under the provisions of Chapter 16. c. Sketch plan review accommodation. If the processing status of an existing application with scheduling priority allows,the Planning Director may schedule a new sketch plan application for review before the Planning Commission or the Town Council at meetings that do not delay the processing of the existing application. (c) General Restrictions. Although one (1)of the purposes of these PUD regulations is to provide flexibility in the land development process,this Section is intended to define the limits of that flexibility. The following restrictions shall apply to all PUD's: (1) Minimum land area. There shall be no minimum land area qualification in order to be A/y 38 eligible to apply for a PUD, provided that PUD approval shall not be granted solely to permit variations to develop a single lot,building or use. (2) Location. A PUD may be developed on any land located within the Town. (3) Uses. The land uses permitted in a PUD shall be limited to those uses that are allowed, or are allowed by special review,in the underlying zone district. (4) Maximum buildout. The Comprehensive Plan contains an analysis of future buildout of single-family subdivisions and other developments within the Town limits. It identifies the maximum number of future lots/units and commercial/other space that may be developed within each subdivision or other development. If the Town Council determines that the PUD complies with the applicable provisions of this Subsection(c),General Restrictions,the standards of Section 16A-5-310, Review Standards, and any other applicable provisions of this Code,then a PUD may develop up to, but not more than, eighty-five percent (85%) of the maximum number of future lots/units and commercial/other space identified for that subdivision or other development in the buildout analysis. The Town Council may approve a buildout that is less than or greater than eighty-five percent(85%), based on the following standards: . a. Lesser buildout. A lesser buildout may be approved by the Town if,during the evaluation of the compliance of the PUD with the applicable review standards, it is determined that there are site specific physical constraints on the property that would limit its buildout,(such as the presence of wetlands, flood plains, steep slopes or wildlife habitat), or the applicant has been unable to adequately provide public improvements or services necessary for the development, or the buildout would be incompatible with surrounding land uses or with the character of the community as described in Section 16A-4-340, Building Design Guidelines to Preserve Community Character,or if other pertinent limitations are identified. b. Greater buildout. A greater buildout, of up to but not more than one-hundred percent (100%) of the maximum number of future lots/units and commercial/other space listed for that subdivision or other development, may be approved if the Town Council finds that the PUD achieves one(1)or more,of the purposes described in Subsection(c)(6),Community Purposes for PUD's,and the PUD complies with the other applicable provisions of this Subsection(c),General Restrictions, the standards of Section 16A-5-310, Review Standards, and any other applicable provisions of this Code. (5) Dimensional limitations. Certain dimensional limitations applicable to the property may be varied within a PUD. The limitations that may be varied are those of the underlying zone district,or, for properties for which a PUD or other development plan has previously been approved, the limitations set by that approval. For any property designated PUD or SPA without an underlying zone district,the PUD process shall be used to establish the applicable dimensional limitations for the property. Only the following dimensional limitations may be varied: a. Maximum allowable height of any structure within the PUD; b. Minimum open space requirement for the PUD; c. Maximum allowable floor area of the PUD; ys 39 d. Minimum area of lots within the PUD; and e. Minimum setbacks for buildings within the PUD. A dimensional limitation may be varied when the Town Council finds that the PUD achieves one(1) or more of the applicable purposes listed in Subsection (c)(6), Community Purposes for PUD's, that granting of the variation is necessary for that purpose to be achieved, and that the resulting development will be consistent with the provisions of Subsection (c)(7), Standards for Granting of Variations,and Section 16A-5-310,Review Standards. (6) Community purposes for PUD's. The Comprehensive Plan identifies certain purposes the community intends to achieve as it develops. The following purposes shall be used in determining whether the buildout for a PUD may exceed eighty-five percent (85%) of that identified in the buildout analysis and whether any of the parcel's dimensional limitations should he varied: a. Provision of restricted housing. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to offer an incentive to applicants to provide more restricted housing within the PUD than would otherwise be required for the development by this Development Code, particularly in those priority locations for such housing identified within the Comprehensive Plan. b. Encourage sustainable development. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to encourage sustainable development within the Town that helps to diversify the mix of lodging, retail and dining uses and that is consistent with the intent of the Comprehensive Plan. c. Provide open space and/or avoid wildlife habitat. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to provide necessary site planning flexibility to enable the development to provide greater open space or to conserve critical wildlife habitat lands. This shall be accomplished in such a way as to maintain these lands as large, contiguous areas. Such lands shall not be fragmented into small, unconnected areas by development, unless the applicant demonstrates that this arrangement will result in the most suitable development pattern for the property, and that the lands providing valued open space or critical wildlife habitat have been protected. Where applicable, connections of such lands on the site to such lands on adjacent properties shall be accomplished. d. Encourage better design. A parcel's dimensional limitations may be varied (but its maximum buildout may not be achieved)to allow for greater variety in the type,design and layout of buildings. Structures shall be designed to be compatible, in terms of height, mass, scale, orientation and configuration,with other buildings in the PUD and with surrounding uses,yet shall avoid uniformity of design. Various types of residential uses may be combined within the PUD (when allowed by the underlying zone district), to promote more efficient land use patterns and increased open space. e. Develop necessary public facilities. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to provide an incentive for an applicant to develop, or contribute to the development of, necessary public facilities, such as public parking and transportation facilities, public recreation facilities and other public facilities. The facilities may 40 be located within, or outside of the PUD, but shall be facilities that meet the needs not only of project residents,but also of other residents of and visitors to the Town. (7) Standards for granting of variations. Any PUD that requests any of the variations authorized in Subsection(c)(5),Dimensional Limitations, shall also comply with the following standards: a. Height. A request to increase the maximum allowable height for any building or structure may be approved by the Town Council, provided at least fifty percent (50%) of a building or a structure within the PUD conforms to the height limits of the underlying zone district. b. Open space and minimum lot area. A variation to reduce the minimum open space requirement or to reduce minimum lot area(in order to cluster lots)may be permitted if: (1)such variation will not be detrimental to the character of the proposed development or to surrounding properties; (2) the proposed development shall include open space for the mutual benefit of the entire development; and (3)the open space that is provided is accessible and available to at least all dwelling units and lots for which the open space is intended. c. Minimum building setbacks. Minimum building setbacks shall be established by the PUD plan, provided adequate distance shall be left between buildings for necessary access and fire protection, and to ensure proper ventilation, light, air and snowmelt between buildings, and to minimize the effects of transmission of noise between units and between buildings. (8) Parking. The number of parking spaces in the PUD shall be that required for the underlying zone district, unless a reduction in that requirement is granted, pursuant to Section 16A-4-310(c), Reduction of Required Parking. (9) Road standards. A PUD may be permitted to deviate from the Town's road standards, to enable the development to achieve greater efficiency of infrastructure design and installation through clustered or compact forms of development or to achieve greater sensitivity to environmental features, when the following minimum design principles are followed: a. Safe,efficient access. The circulation system shall be designed to provide safe,convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way, private vehicular or pedestrian way or a commonly owned easement. b. Intemal pathways. Intemal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off-site. c. Emergency vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation,maintenance and repair of utilities. d. Principal access points. Principal vehicular access points shall be designed to provide for smooth traffic flow,minimizing hazards to vehicular,pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from V7 41 individual lots, units or buildings shall be discouraged when other reasonable access options are available. e. Snow storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. (Ord. 4-1998 §1; Ord. 13-1998 §1; Ord. 1-1999 §1; Ord. 6-1999 §1) Sec. 16A-5-310. Review standards. In addition to demonstrating its compliance with the provisions of Section 16A-5-300(c), General Restrictions, and with all other applicable provisions of this Code, a proposed PUD shall also comply with the following review standards. (1) Consistency with Comprehensive Plan. The PUD shall be consistent with the intent of the Town's Comprehensive Plan. (2) Preservation of community character. The development proposed for the PUD shall be consistent with the standards of Section 16A-4-340, Building Design Guidelines to Preserve Community Character,shall be compatible with,or an enhancement of,the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. (3) Landscaping. Proposed landscaping for the PUD shall provide sufficient buffering of uses from one another (both within the PUD and between the PUD and surrounding lands) to minimize noise,glare and other adverse impacts,shall create attractive streetscapes and parking areas and shall be consistent with the character of the Town. (4) Comply with development evaluation standards. The PUD shall comply with all applicable provisions of Article IV of this Development Code,Development Evaluation Standards. (5) Suitability for development. The property proposed for the PUD shall be suitable for development, considering its topography, environmental features and any natural or man-made hazards that affect its development potential. (6) Adequate facilities. The applicant shall show that: (a)adequate facilities will be provided to the PUD for water supply, sewage disposal, solid waste disposal, electrical supply, fire protection, roads and pedestrian circulation; (b) the PUD has been located so as to be reasonably convenient in relation to police and fire protection, emergency medical services and schools; and(c)the PUD will accommodate the efficient provision of transit facilities and services. (7) Spatial pattern shall be efficient. The PUD shall be located to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or that require duplication or premature extension of public facilities. a. Roads. Any new road developed to serve the PUD shall be continuous and in alignment with existing platted streets to which the street is to be connected. Where appropriate,new streets shall be planned so that they can create an interconnected Town road network, with provision for adequate road and utility easements. Where cul-de-sacs are used in the development,the applicant is encouraged to provide a trail or similar pedestrian link between them. V1 42 b. Water and sewer lines. Any water or sewer line extension necessary to serve the PUD shall be consistent with the Snowmass Water and Sanitation District's service plan and the Town's Comprehensive Plan. (8) Phasing. If the PUD is to be developed in phases,then each phase shall contain the required streets,utilities,landscaping and other improvements that are necessary and desirable for residents of the project. If the PUD incorporates any amenities for the benefit of the Town, such as trail connections,these shall be constructed within the first phase of the project,or,if this is not possible, then as early in the project as is reasonable. (Ord.4-1998 §1;Ord. 13-1998 §1;Ord. 1-1999 §1) Sec. 16A-5-320. Sketch plan review procedure. The following procedures shall apply to an application for review of a sketch PUD plan. These procedures are illustrated in Figure 5-3, Sketch PUD Application Procedures (1) Pre-application conference. Attendance at a pre-application conference is mandatory prior to submission of an application for sketch PUD plan review. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-330, Sketch Plan Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. Public notice that the Planning Commission and Town Council will hold a joint hearing to consider the application shall be given by publication, mailing and posting of notice,pursuant to Section 16A-5-60(b),Manner and Timing of Notice. (4) Joint meeting. A complete copy of the application shall be forwarded to the Planning Commission and Town Council,together with a copy of the staff review. The Planning Commission and Town Council shall hold one(1)joint meeting to hear the initial presentation of the application by the applicant. Thereafter,the Planning Commission shall conduct its review of the application. (5) Resolution. Upon completion of its review of the application, the Planning Commission shall,by resolution,provide direction to the applicant on the sketch plan. The resolution shall either authorize the applicant to submit a preliminary plan or shall state that the applicant must submit a new sketch plan prior to proceeding to preliminary plan review. When preparing the resolution, the Planning Commission shall consider all relevant materials and testimony,and whether the application is generally consistent with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. a. Resolution authorizing preliminary plan. If the resolution authorizes the applicant to submit a preliminary plan,then the resolution shall identify any aspects of the sketch plan that should be modified for the preliminary plan to be acceptable to the Town,and the types of modifications the applicant should consider. The resolution shall also identify any other issues the applicant should consider when preparing the preliminary plan, the materials the applicant will be required to submit and the studies the applicant will be required to conduct. b. Resolution requiring new sketch plan. If the resolution states that the applicant must submit f9 43 a new sketch plan prior to proceeding to preliminary plan review,then the resolution shall identify any areas of disagreement between the Town and the applicant, including those standards of the Development Code or elements of the Comprehensive Plan with which the sketch plan failed to comply. (6) Town Council action. The Planning Commission's resolution shall be forwarded to the Town Council. The Town Council shall hold a public hearing to consider the application and the Planning Commission's resolution. The public hearing shall be conducted pursuant to Section 16A-5- 70(2), Conduct of Public Hearing. The Town Council shall prepare its own resolution taking action on the application that may accept the Planning Commission's resolution, or that may modify any aspect of said resolution. When preparing the resolution,the Town Council shall consider all relevant materials and testimony, and whether the application is generally consistent with Section 16A-5- 300(c),General Restrictions,and Section 16A-5-310,Review Standards. (7) Effect of resolution. Adoption of the sketch plan resolution by the Town shall not constitute approval of a PUD, or permission to proceed with construction of any aspect of the development. Such action shall only constitute authorization for the applicant to submit a preliminary PUD, in accordance with the representations made by the applicant and in response to the direction on the sketch plan provided by the Town in the resolution. (8) Expiration. The applicant shall be required to submit the preliminary plan application within twelve (12) months after the date of approval of the resolution. Failure to submit the application within this time period shall render the resolution null and void,and require the applicant to submit a new sketch plan for review by the Town. The Town Council may, at its sole discretion and for good cause shown, grant an extension of the deadline to submit a preliminary plan application, provided that the applicant requests the extension in writing no less than thirty(30)days prior to such lapse. ris 44 FIGURE 5-3 SKETCH PUD APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (MANDATORY) SUBMIT APPLICATION STAFF PUBLIC REVIEW NOTICE JOINT PLAN.COMMJ TOWN COUNCIL PUBLIC NEARING PLANNING COMMISSION RESOLUTION PUBLIC HEARING NOME PUBLIC NEARING d TOWN COUNCIL RESOLUTION AVTNORRE DIRECT APPLICANT SUBMISSION OF TO SUBMR PRELIMINARY PLAN NEW SKETCH PU1N OR (Ord.4-1998 §1; Ord.6-1999§1) Sec. 16A-5-330. Sketch plan application contents. The sketch PUD plan application shall contain the following materials: (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b),Minimum Contents. (2) Location map. A map showing the location and size of the site,and existing land uses,zone districts and major roads within three hundred (300) feet of the site. The name, location and boundaries of any subdivisions that are part of the larger tract shall also be shown. (3) Statement of objectives. A written description of the proposed development. This shall include a statement of the objectives to be achieved by the planned unit development and a conceptual description of any proposed variations from the standards of the underlying zone district that are being requested. 45 (4) Sketch plan. A sketch development plan,which shall include the following: a. General. The property boundaries of the site, title of the proposed development, date of preparation,bar-type or graphic scale and north arrow(designated as true north). b. Site characteristics. Existing site characteristics,showing existing groves of trees and other major types of vegetation, wildfire hazard areas, wildlife habitat areas, streams, floodplains, drainage ways,topography(depicted at a minimum of ten-foot contour intervals),areas of natural and disturbed slopes in excess of thirty-percent grade,prominent ridgelines, avalanche areas and any other prominent geologic hazards or features. c. Utilities. Approximate locations of existing major utility lines and easements, irrigation ditches, bridges and similar physical features, and existing development on adjacent property. Conceptual plans for water supply, sewage disposal, fire protection and drainage facilities shall also be provided,which plans may be in a prose format. d. Proposed land use. General location and configuration of proposed land use types, including setbacks and common and public open space. The plan shall show the proposed lots or development tracts and street layout, indicating the approximate area of individual lots or tracts, access to the property, connection of proposed streets to existing streets and plans for pedestrian circulation and trails. If the applicant intends to develop the PUD in phases,then the sketch plan shall provide a land use master plan for the applicant's entire land ownership,unless the applicant shall demonstrate to the Town Council,at its sole discretion,that preparation of a land use master plan for the entire ownership would place an unreasonable burden on the applicant or would be premature at this time. Following approval of the sketch plan,the applicant may,if so authorized by the Town Council,submit the preliminary plan in phases and need not submit detailed land use information for the entire ownership in order to be deemed to have submitted a complete preliminary plan. (5) Simple sketches. Simple sketches, massing diagrams or models with no fenestration or architectural details,which show building mass,scale and height in a conceptual manner in relation to natural features,and the relationship of the various development components to their respective sites, the surrounding area and each other. (6) Summary. A sketch plan summary containing the following: a. Type. A description of the type of dwelling units. b. Size. The average square footage of all dwelling units proposed by type of unit, the total square footage of all structures, the approximate number of bedrooms and the gross residential density in units per acre. c. Floor area. The ratio of the total floor area of all structures proposed to the area of land within the development. d. Population. The anticipated population to be generated by the development (permanent residents,employees and tourists). sz 46 e. Market. A general statement of the target market and form of ownership for the dwelling units. f Open space. The amount of common and/or public dedicated open space. g. Height. The maximum and average height of all buildings and structures. h. Employees. The number of employees required to operate the proposed development, together with a calculation of employee housing requirements and a conceptual proposal for how required employee housing will be provided. i. Water supply and sewage disposal. Source of domestic water supply and general means of sewage disposal. j. Access and easements. Evidence of the existence of legal access to the property, together with a description of any existing easements and covenants affecting any land within the subject property. k. Parking, circulation and transit. The anticipated number of parking spaces, the proposed locations of these spaces and a statement of whether the project will comply with the underlying zone district standards or is requesting a variance from those standards. Additionally,a conceptual plan setting forth on-and off-site circulation patterns and any transit facilities associated with the project. I. Timetable. The proposed timetable for development,identifying the number of anticipated PUD filings. (Ord.4-1998 §1;Ord. 1-1999 §1;Ord. 6-1999 §1) Sec. 16A-5-340. Preliminary plan review procedure. The following procedures shall apply to an application for review of a preliminary PUD plan. These procedures are illustrated in Figure 5-4,Preliminary PUD Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is mandatory prior to submission of an application for PUD preliminary plan review. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-350, Preliminary Plan Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. Public notice that the Planning Commission will hold a hearing to consider the application shall be given by publication, mailing and posting of notice, pursuant to Section 16A-5-60(b),Manner and Timing of Notice. A complete copy of the application shall be forwarded to the Commission,together with a copy of the staff review. (4) Planning Commission public hearing. The Planning Commission shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5- 70(b), Conduct of Public Hearing. The Planning Commission shall consider: all relevant materials 53 47 and testimony; whether the application complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards; and, when applicable, whether the preliminary plan has responded to the direction given by the Town concerning the sketch plan. Following closure of the hearing, the Planning Commission shall, by resolution, recommend to the Town Council that the application either be approved,approved with conditions or denied. (5) Public notice. Public notice that the Town Council will hold a hearing to consider the application shall be given by publication, mailing and posting of notice,pursuant to Section 16A-5- 60(b), Manner and Timing of Notice. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review and a copy of the Planning Commission's recommendation. (6) Town Council public hearing. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Town Council shall consider: all relevant materials and testimony;the Planning Commission's recommendation; whether the application complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards; and, as applicable, whether the preliminary plan has responded to the direction given by the Town concerning the sketch plan. Following closure of the hearing,the Town Council shall,by resolution,either approve,approve with conditions or deny the application. If the Town Council approves the preliminary plan, it may require, as a condition of that approval, that the final plan be reviewed by the Planning Commission before it is reviewed by the Town Council. The Planning Commission's review of the final plan shall be accomplished pursuant to Section 16A-5-360(4),Planning Commission Review. (7) Amendment. If an applicant wishes to amend a submission after a Planning Commission recommendation thereon, such request shall be made in writing and presented to the Town Council during the public hearing. The Town Council shall consider and make a determination as to whether the changes alter the nature of the project from that described in the original submission to such an extent that: (a)the amendment should not be allowed; (b)the amendment should be allowed,but the Planning Commission should have an opportunity to review the amendment and make a recommendation thereon;or(c)the amendment should be allowed and the application should proceed without additional hearings or consideration thereof. If the amendment is not allowed, the Town Council shall continue to consider the application without the amendment in accordance with the provisions of this Section. If an additional Planning Commission recommendation is to be made,the Town Council shall table the application until it has received the Planning Commission's recommendation on the amendment. (8) Remand. An application may also be remanded to the Planning Commission when the Town Council determines that the application has otherwise been altered in a significant manner following the Planning Commission's action on the preliminary PUD. The Town Council shall table the application until it has received the Planning Commission's recommendation on the changes. (9) Effect of preliminary plan approval. Approval of the preliminary plan shall not constitute approval of a PUD, or permission to proceed with construction of any aspect of the development. Such action shall only constitute authorization for the applicant to prepare and submit a final PUD,in accordance with the representations made by the applicant and any conditions applied by the Town upon the preliminary plan approval. CY 48 (10) Expiration. The applicant shall be required to submit the final plan application within twelve (12) months after the date of preliminary plan approval. Failure to submit the application within this time period shall render the preliminary plan null and void, and require the applicant to submit a new sketch plan for review by the Town. The Town Council may,at its sole discretion and for good cause shown, grant an extension of the deadline to submit a final plan application,provided that the applicant requests such an extension in writing no less than thirty (30) days prior to such lapse. FIGURE 5-4 PRELIMINARY PUD APPUCATION PROCEDURES PRE•APPLICATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF PUBLIC REVIEW NOTICE PLANNING COMMISSION PUBLIC HEARING PUBLIC NOTICE TOWN COUNCIL PUBLIC HEARING TOWN COUNCIL ACTION (Ord. 4-1998 §1) Sec. 16A-5-350. Preliminary plan application contents. The preliminary PUD plan application shall contain the following materials: (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b),Minimum Contents. fSOP 49 (2) Preliminary development plan. A preliminary development plan, which shall include the following: a. General. The property boundaries of the site, title of the proposed development, date of preparation,bar-type or graphic scale,north arrow(designated as true north)and legal description of the property. b. Proposed development. The preliminary plan shall show the proposed dimensions and locations of all buildings,public and private roadways,existing and proposed utility lines and fire hydrants, service areas, emergency vehicle access areas, parking facilities, pedestrian pathways, trails and use areas, common open areas, public open spaces, public transportation facilities, drainage facilities and detention areas, snow storage/removal areas, trash storage areas and other information necessary to allow detailed review of the project design. Existing and proposed contours shall be shown at two-foot intervals,or less. c. Surrounding structures. The preliminary plan shall depict structures and landmarks within three hundred(300)feet of the site, so as to show the relationship of the proposed development to its surroundings. d. Chart. The preliminary plan shall contain a chart of proposed land uses by acreage, including the percentage of land coverage by each type of use, together with a detailed listing of the following development parameters: 1. Dimensions. Proposed square footage and height of buildings. 2. Dwelling units.. Proposed number of bedrooms; square footage of dwelling units by type of unit;proposed number of dwelling units per acre. 3. Size of commercial space. Proposed square footage of commercial space. 4. Floor area. Proposed maximum allowable floor area(FAR). 5. Parking. Proposed number of parking spaces. 6. Open space. Proposed amount of open space. 7. Restricted housing. Proposed number of restricted housing units, with number of bedrooms and amount of square footage. (3) Comparison to sketch plan. When applicable, a statement shall be provided comparing the preliminary plan to the sketch plan, noting any changes, including those made in response to comments provided by the Town in its review of the sketch plan. (4) Listing of proposed variations. A statement identifying each proposed variation from the underlying zone district standards,describing how the variations conform with those authorized for a PUD. (5) Architectural plans. Preliminary architectural plans for all multiple-family and single-family Mto 50 attached dwellings,hotels and lodges, and other nonresidential buildings. These plans shall include: a. Elevations. Elevations at a vertical scale of not less than one-sixteenth inch equals one foot (/16" = 1')or larger of all significant facades of the proposed buildings. Building elevations shall be of sufficient detail to indicate building openings, alternate materials proposed for the roof and exterior of the buildings, decks and other architectural features of the buildings, including chimneys and mechanical areas and features affecting the roof lines of all proposed buildings. b. Floor plans. Proposed floor plans drawn at a scale of one-sixteenth inch equals one foot ('/ie" = 1') or larger of all floors of the proposed buildings showing all living, sleeping, cooking, bathroom and storage areas. Typical floor plans with a floor layout plan may be substituted. c. Block model. A block model illustrating the cubic volume and design philosophy of the above-ground portion of all proposed major structures included in the development. The descriptive materials shall also be sufficient to demonstrate the relationship, in terms of cubic volume, between such proposed structures in the development and other major structures in the immediate vicinity of the development. (6) Landscape plan. A detailed landscape plan, depicting the type, amount, size, species and location of all plant materials, with a planting schedule. The plan shall also include conceptual irrigation plans for landscaped areas if applicable. The plan shall show the location of all existing trees with a trunk circumference of fourteen (14) inches or more measured four and one-half(4%z) feet above the ground and shall indicate which trees are proposed to be removed. Where large groves of trees are to remain undisturbed,single trees need not be located. (7) Fiscal impact report. A report analyzing the anticipated fiscal impacts of the proposed development upon the Town, school district and other taxing districts that provide services to the development. This report shall be based on criteria and assumptions established in advance by the Town,as provided to the applicant prior to the submission. (8) Solid waste disposal plan. A proposed solid waste disposal plan, including the anticipated volume (cubic yards) of solid waste that will be generated by the development, proposed trash container size and location of said facilities. (9) Energy conservation plan. A comprehensive energy conservation plan demonstrating how the development will comply with the provisions of Section 16A-4-330, Energy Conservation, together with a detailed description of the use of solar and other alternative energy resources, including an energy utilization analysis in relation to heating systems, swimming pools, saunas, jacuzzis and other significant energy-consuming project elements. (10) Development in proximity to ski lift. A report, plan or other documentation showing that any development located in proximity to any existing or proposed ski lift complies with all appropriate rules and regulations governing said lifts, including those of the Colorado Tramway Board. (11) Open space map. A map shall be submitted showing all areas to be designated as common open space and the proposed use of each common open space area, including size of each area in acres and the size of the total common open space in acres and as a percentage of the total site. In 5047 51 addition,the type, size and general location of the planting and other screening techniques to be used in the perimeter buffer area shall be shown. (12) Homeowner's or condominium association documents. Whenever there is common open space within a proposed development, the following documents shall be submitted in a preliminary form, describing how the homeowner's or condominium association will maintain said open space. a. Articles of incorporation. The form of articles of incorporation of any homeowner's association or other organization to maintain common open space within the development. b. Bylaws. The form of bylaws of any such organization, defining its rights, duties and responsibilities. c. Master deed. A copy of the master deed detailing the rights and privileges of individual owners in the common open space areas. d. Covenants. The language of covenants or easements restricting the use of common open space, together with the language of covenants or agreements requiring homeowners or residents to pay any organization for maintenance of common space, and the language of deed restrictions or other covenants running with the land which provide for the maintenance of common space. (13) Water supply and sewage disposal. Detailed plans and reports describing the location, type and timing of proposed water supply and sewage disposal facilities and lines to be constructed. The report shall describe water conservation methods to be employed and shall provide a detailed estimate of the project's average daily and maximum water requirements and sewer impacts. The applicant shall obtain from the Snowmass Water and Sanitation District a confirmation that, based upon the data submitted for this review,the assumptions,conclusions and calculations from sketch plan review remain valid. In the alternative,the District shall identify those changes or revisions to the conceptual water and sewer reports required as a result of the District's analysis of the preliminary submission. (14) Clearing, grading and drainage plans. A detailed report identifying plans for clearing, grading and drainage including: a. Limits of clearing. The location and defined limits of all clearing and/or removal of vegetation cover. b. Grading plan. Existing and proposed grades at a contour interval of two (2) feet or less, based on field survey controls, including location with proposed grades and elevations for all buildings, roads, walks, storm sewers and other drainage structures and devices, retaining walls and other landscape features. The plan shall provide designs for sediment control devices to be employed, including specifications of how graded areas will be stabilized and revegetated after construction is completed. Any changes from the grading and drainage plan submitted with the sketch plan shall be described. (15) Transportation impact analysis. Any development that contains more than ten(10)dwelling units, or more than two thousand (2,000) square feet of nonresidential space, or an addition to a ski area shall analyze the impact of the proposal on the Town's transportation system,road capacities and parking facilities. The applicant shall submit the following information in a manner that permits the 52 Town to evaluate the impacts of the proposed development. a. Daily traffic counts. All total daily traffic counts shall be actual machine counts and not based on factored peak hour sampling. All raw traffic count data,including average daily volumes and peak hour turning movements, shall be provided in the appendices of the report. b. Trip generation rates. The applicant shall use the following vehicular trip generation rates to calculate the development's impact on the Town road network: One-family dwelling 8.0 trips/dwelling Two-family dwelling 8.O trips/dwelling Single-family attached 5.0 trips/dwelling Multiple-family dwelling 5.0 trips/dwelling Hotel/lodge 4.0 trips/dwelling Commercial 40.0 trips/1,000 net sq.ft. Ski area To be determined during PUD review Uses Not Listed Above To be determined by Planning Director The Planning Director shall determine the trip generation rates for uses not listed above by consulting recognized professional publications, or studies completed for resort communities similar to the Town. The Town Council may,upon request by the applicant, accept different trip generation rates than those listed above, considering whether any special transit features are planned for the development,or if there are unusual land use,occupancy or other features of the development. c. Existing conditions. The report shall identify the exact limits of the study area, which should be determined based on engineering judgment and an understanding of existing traffic conditions at the site. Within the study area, the applicant shall describe existing roadways and intersections, including geometry and traffic control. The report shall describe existing traffic volumes and the existing level of service at intersections and roadway segments. Daily and peak hour traffic counts shall be obtained by the applicant at locations determined by the Town. d. Anticipated ridership. A determination of the anticipated public transportation ridership, using data supplied by the Town's Transportation Department for similar projects with the Town, and the potential cost to the Town for providing public transportation services to the development. e. Trip generation and design hour volumes. A summary table shall be provided listing each type of land use,the number of units or the amount of nonresidential square footage involved,the average trip generation for each use (total daily traffic and a.m. and p.m.peaks)and the resultant total trips generated. f. Trip distribution. The direction of approach for site-generated traffic shall be presented in the report. The technical analysis steps, basic methods and assumptions used shall be clearly stated. 517 53 g. Trip assignments. Internal trips shall not exceed ten percent (10%) without analytical support to demonstrate how the larger figures were determined. Nongenerated passerby traffic reductions in generation volumes may be considered if applicable. The trip assignment shall include filling out a copy of the Trip Table (provided by the Community DevelopmentDepartment)for links in the transportation network. h. Existing and projected traffic volumes. The report shall include the following illustrations: 1. Peak hour traffic. Illustrations of current a.m. and p.m. peak hour site traffic (in and out), including turning movements. 2. Future peak hour traffic. Illustrations of future a.m. and p.m. peak hour site traffic (in and out), including turning movements for current conditions and future build out of the project, with background traffic projected five(5)years into the future. 3. Other peak hours. Illustrations of other peak hours that may be critical to site traffic and the road system in the study area. Other peak hours will be mutually agreed upon by the Town and the applicant. i. Capacity analysis. The report shall include a capacity analysis for all public street intersections impacted by the proposed development and for all private property access points to streets adjacent to the proposed development identified in the previously defined study area. The a.m.,p.m. and any other possible peak periods shall be tested to determine which peak hours need to be analyzed. Capacity calculations(intersection and roadway segments)shall be based upon the techniques described in the "1985 Highway Capacity Manual," Transportation Research Board, Special Report 209. All capacity analysis work sheets shall be included in the appendices of the report. j. Level of service. Level of service "C" or better on all but the ten(10)peak traffic days of the year has been determined to be the acceptable design standard for all intersection and roadway segment operations. The applicant shall propose mitigation measures that are consistent with the Comprehensive Plan, including illustrations of each improvement showing the length, width and other pertinent geometric features for any operation in the transportation network that is caused to exceed a level of service"C"by the proposed development. k. Traffic accidents. Traffic accident data for affected street corridors may be required for the study. The study period will normally be three (3)years. Such locations will be specified by the Town. Where this is necessary, estimates of increased or decreased accident potential shall be evaluated for the development, particularly if the proposed development might impact existing traffic safety problems in the study area. Safety improvements shall be proposed where necessary. 1. Conclusions. The report shall contain a clear and concise executive summary, describing the study's findings. If the analysis indicates unsatisfactory levels of service, a description of proposed improvements to remedy deficiencies shall be included in the executive summary. (16) Air quality analysis. Any development that contains more than ten (10) dwelling units or more than two thousand (2,000) square feet of nonresidential space shall conduct an analysis of the proposed development's impacts on air quality. The analysis shall be prepared by a recognized expert ( a 54 in air pollution and shall include examinations and recommendations concerning those characteristics of the site and the proposed development that could affect air quality, including, but not necessarily limited to,the following: a. Dispersal qualities. Dispersal qualities of the site and the extent to which those qualities are expected to provide for the efficient dispersal of air pollutants generated directly by on-site activities, including such sources as space heating, fireplaces, restaurants, etc., or indirectly by traffic within and around the proposed development site. b. Pollutants to be discharged. Quantity and composition of pollutants expected to be discharged within the site and daily(including peak period portions thereof)or seasonal variation in these characteristics. c. Trip generation and impacts. Estimated current and future trip characteristics, including average daily traffic and peak volumes for each mode on each route linking the site to significant related destinations within the relevant air shed and implied pollutant emissions. Dispersal qualities of routes related to the proposed development site and anticipated effects of any added traffic on air quality on and along such routes or their damages. d. Construction impacts. Anticipated air pollution caused by construction of the proposed project, including impacts caused by machinery, clearing of vegetation, rock and earth moving, paving operations,preparation of materials such as gravel,hot mix and cement, and any methods proposed to mitigate such pollution and its effect. e. Special mitigation techniques. A statement regarding any special mitigation related to design, construction methods, operating policies or public or private improvements that would reduce the quantitative or qualitative impacts of pollutants produced by the proposed development and use of the proposed site and their estimated effectiveness and costs to proponents and the public. f. Improvement of site characteristics. A statement regarding any special design construction methods, operating policies or public or private improvements that could improve the proposed development site characteristics relative to air quality of the site and of the estimated effectiveness and costs to the applicant and the public. g. Conform with regulations. A statement regarding the extent to which the proposal and resultant air quality levels(on the proposed development site and other portions of the relevant air sheds)will conform with existing federal,state and local air quality regulations and standards with and without any special design features, construction methods, operating policies or public or private improvements. h. Description of area to be impacted. A geographic description of the area expected to be most significantly impacted by air pollutants generated on the proposed development site or generated by increased transportation and other activities related to its development and use. (17) Geologic report. A report evaluating geologic and soils conditions, including: a. Potential geologic hazards. A site specific analysis of the geologic characteristics on,or in �r 55 the vicinity of, the site that could have a significant impact on the proposed development shall be conducted. It shall be prepared by a geologist or engineer who is qualified to map and evaluate geologic hazards and to assess their potential impacts on the development. It shall discuss any recent activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. It shall also include recommendations as to how the development will avoid or mitigate any dangers posed to life or property from these hazards. b. Soils study. A study prepared by a qualified professional describing existing surface and sub-surface soil characteristics on the site, and evaluating the suitability of such soils for the planned construction. (18) Brush Creek impact report. A site specific analysis shall be prepared for lands within the boundaries of the Brush Creek Impact Area,and for lands located outside of the Brush Creek Impact Area whose development is determined to have the potential to impact Brush Creek and its associated riparian habitat. The analysis shall be prepared to comply with the provisions of Section 16A-4- 30(d),Brush Creek Impact Report. (19) Wildlife habitat analysis. A site specific analysis shall be prepared for lands designated as sensitive wildlife habitat on the Environmental Sensitivity Map in the Comprehensive Plan and for lands not so designated on the map that are determined to be sensitive wildlife habitat. The analysis shall be prepared to comply with the provisions of Section 16A-4-20(d),Wildlife Habitat Analysis. (20) Construction management plan. A detailed construction management plan describing development phasing,construction schedules and measures for mitigating impacts associated with all aspects of the project. (Ord.4-1998 §1) Sec. 16A-5-360. Final plan review procedure. The following procedures shall apply to an application for review of a final PUD plan. These procedures are illustrated in Figure 5-5,Final PUD Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional, but recommended,prior to submission of an application for final PUD plan review. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-370, Final Plan Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. (4) Planning Commission review. If, as a condition of its preliminary plan approval,the Town Council has required that the final plan be reviewed by the Planning Commission, then a complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. The Planning Commission shall consider: all relevant materials and testimony;whether the application complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards; and whether the final plan is consistent with the approved preliminary plan, and OL 56 shall,by resolution,recommend that the Town Council approve,approve with conditions or deny the application. (5) Town Council action. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. The Town Council shall consider: all relevant materials and testimony; whether the application complies with Section 16A-5-300(c), General Restrictions,and Section 16A-5-310,Review Standards; whether the final plan is consistent with the approved preliminary plan; and,when applicable,the Planning Commission's recommendations,and shall,by resolution,approve,approve with conditions or deny the application. (6) Effect of final PUD approval. Approval of the final PUD plan shall confer upon the owner of all or a portion of such property the right to apply for a building permit for development that is consistent with the limitations,restrictions,conditions and parameters set forth in the final PUD plan. Following recording of the final plat,the applicant shall be authorized to convey individual ownership interests. Final PUD plan approval shall remain in effect for a period of up to but not more than three (3)years,unless the time frame is extended by the Town Council. (7) Recording of final plan. Within ninety (90) days of the date of approval of the final PUD plan, the applicant shall submit three (3) Mylar copies of the final plan to the Planning Director, together with any other documents that are to be recorded. The final PUD plan shall also be submitted in a digital form acceptable to the Community Development Department, for incorporation in the Town's geographic information system(GIS). a. Planning Director review. The Planning Director shall review the documents to ensure they comply with the terms and conditions of approval,shall obtain signatures for all of the applicable certificates on the final plan and shall return the documents to the applicant. b. Recording by applicant. The applicant shall thereafter cause the documents to be recorded in the records of the County Clerk and Recorder,at the applicant's expense. � 3 57 FIGURE 5-5 FINAL PUD APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF REVIEW PLAN.COMM. ACTION (IF REQUIRED) TOWN COUNCIL ACTION (Ord.4-1998 §1) Sec. 16A-5-370. Final plan application contents. The final PUD plan application shall contain the following materials. (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b),Minimum Contents. (2) Final plat. A final subdivision plat that conforms to the specification of Section 16A-5- 280(d)(3),Plat. (3) Other drawings. Final versions of such other drawings as may be required to document the approved final PUD plan, such as the final development plan, final landscaping/grading plan, final architectural plan and final utility plan. The final development plan shall specify the zone district limitations and development regulations that will guide the future development of the property. This may be referred to as the "PUD Guide." (4) Covenants. A final version of the homeowner's association or condominium association documents or covenants, as applicable, describing how the association will maintain any common open space. �91 58 (5) Guarantee of public improvements. a. Applicant is responsible for public improvements. The applicant shall be responsible for constructing or providing public improvements that are necessary for the development. The applicant shall also be responsible for submitting a guarantee for said improvements,in a form and amount satisfactory to the Town, as a condition precedent to any final PUD or subdivision approval. b. Required public improvements. Required public improvements include: permanent survey monuments, range points and lot pins; paved streets; curbs, gutters, sidewalks, trails and other pedestrian ways; paved alleys; traffic-control signs, signals or devices; street lights; street name signs in accordance with Town design standards;water lines and fire hydrants;bridges or culverts; storm drainage improvements and storm sewers; sanitary sewers; electrical lines;telephone lines; natural gas lines; and landscaping. In the event that additional improvements or items are required,they shall also be guaranteed in the manner provided herembelow. c. Subdivision improvements agreement. The guarantee of public improvements shall be in the form of a written subdivision improvements agreement and pledge of security for performance of such agreement. The subdivision improvements agreement shall obligate the applicant to make and install,according to a specific schedule,any improvements required by the Town. 1. Security. The applicant shall secure the faithful and diligent performance of its obligations under such agreement with a pledge of security sufficient to provide a reasonable guaranty of not less than one hundred percent (100%) of the current estimated cost of the improvements described in the agreement, which estimate shall be approved by the Town Engineer. 2. Form of security. The pledge of security may, at the option of the Town, be in the form of a mortgage on real property, cash escrow, security bond, irrevocable letter of credit from a financially responsible lending institution, adequate construction loan commitment on which the Town is permitted to draw,evidence of fully prepaid construction contracts,or any combination of the above satisfactory to the Town; provided that the Town shall have the unconditional and irrevocable right upon default by the applicant to withdraw or acquire funds upon demand to partially or fully complete and/or pay for any improvements. In no case shall the Town be obligated, pursuant to any subdivision improvements agreement, to complete any improvements due to the applicant's default if the security should be determined inadequate. 3. Agreement to repair. The subdivision improvements agreement shall contain language by which the applicant agrees to repair any existing improvements damaged during construction and such other items as the Town Council deems appropriate. 4. Partial release of security. The subdivision improvements agreement may provide for the partial release of security as portions of the improvements are completed, provided that no such partial or final release shall be granted until the improvements guaranteed have been inspected and accepted by the Town Engineer and a report of such inspection and acceptance is filed with the Planning Director. The Town Council shall release the amount held for the completed items. The agreement shall make provisions for the Town to retain (� 59 an appropriate amount in the event of partial releases. 5. Recording. The agreement and pledge of security shall be recorded in the records of the County Clerk and Recorder together with the final plat. d. Warranty. The applicant shall warrant the quality, workmanship and function of all improvements dedicated to the Town,the public or a utility for a period of two(2)years, or until July 1 of the year during which the second winter terminates after acceptance by the Town, whichever is greater. e. Default. In the event of default by the applicant, under the terms of any subdivision improvement agreement,no building permit or certificate of occupancy shall be issued within the subdivision until the default is corrected. (Ord.4-1998 §1) See. 16A-5-380. Enforcement of approved PUD plan. (a) Provisions run in favor of Town. To further the mutual interests of the residents,occupants and owners of a PUD, and of the public in the preservation of the integrity of the final PUD plan, the provisions of the plan relating to the use of land and the location of common open space shall run in favor of the Town and shall be enforceable at law or in equity by the Town without limitation on any power or regulation otherwise granted by law. (b) Provisions run in favor of residents. All provisions of the final PUD plan shall run in favor of the residents, occupants and owners of the planned unit development, but only to the extent expressly provided in the plan and in accordance with its terms and,to the extent,said provisions,whether recorded by plat, covenant,easement or owners acting individually,jointly or through an organization designated in the plan to act in their behalf. However,no provisions of the plan shall be implied to exist in favor of residents,occupants and owners except as to those portions which have been finally approved. (c) Rights to maintain and enforce remain in effect. No modification, removal or release of the provisions of the final plan by the Town,pursuant to the provisions of this Code,shall affect the rights of residents,occupants and owners of the PUD to maintain and enforce those provisions at law or in equity, subject to the limitations contained in the plan and Subsection(b),Provisions Run in Favor of Residents. (Ord.4-1998 §1) See. 16A-5-390. Amendment of final PUD. An applicant may amend an approved final PUD by complying with the following procedures and standards. (1) Overview of amendment procedures. There are three (3) types of amendments that an applicant may propose to a PUD. The applicable procedures for each type of amendment are as follows: a. Administrative amendment. An administrative amendment to an approved PUD may be considered pursuant to Section 16A-5-250,Administrative Modifications. b. Minor amendment. A minor amendment to an approved PUD shall comply with the 6` 60 procedures of Subsection (2), Procedures for Minor Amendment of Final PUD, and with the standards of Subsection(3),Review Standards. c. Major amendment. A major amendment that would substantially modify all or a part of an approved PUD, or any amendment to an approved PUD that does not comply with the provisions of Subsection (3), Review Standards, shall require a full PUD process. During the full PUD process, the Town shall determine whether the application complies with the standards of Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards, and shall also consider(but not be bound by)whether the application complies with the standards of Subsection(3), Review Standards. (2) Procedures for minor amendment of final PUD. a. Pre-application conference. Attendance at a pre-application conference is mandatory prior to submission of an application for a minor amendment to a final PUD. b. Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: 1. Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b),Minimum Contents. 2. Written statement. A written statement describing those elements of the original PUD that are proposed to be modified. 3. Other information. The applicant shall submit such other written or graphic information as is necessary to describe and evaluate the proposed amendment, such as revised building elevations, or a marked-up copy of the final development plan. 4. Amendment of PUD approved under prior code. An applicant proposing to amend a PUD approved prior to the effective date of this Development Code shall, as part of the application, propose any other amendments that are necessary to make the PUD conform with the provisions of this Division 3, Planned Unit Development. c. Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. d. Action by Planning Commission. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. The Planning Commission shall review the application, considering the standards of Subsection (3), Review Standards, and shall make its recommendations to the Town Council. e. Public hearing. Public notice that the Town Council will consider the application shall be given by publication, posting and mailing of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. The Town Council shall consider all relevant 61 61 materials and testimony, shall consider the standards of Section 16A-5-390(3), Review Standards, and shall,by ordinance, approve, approve with conditions or deny the application. f Recording of amended plan. Within ninety (90) days of the date of approval of the amendment, the applicant shall submit three (3) Mylar copies, suitable for recording, of the amended plan to the Planning Director, together with any other documents that are to be recorded. The Planning Director shall review the documents to ensure that they comply with the terms and conditions of approval, shall obtain signatures for all of the applicable certificates on the amended plan and shall return the documents to the applicant. The applicant shall thereafter cause the documents to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. (3) Review standards. An application for a minor amendment to a final PUD shall comply with the following standards: a. Consistent with original PUD. The proposed amendment shall be consistent with, or an enhancement of, the original PUD approval. b. No substantially adverse impact. The proposed amendment shall not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. c. Not change character. The proposed amendment shall not change the basic character of the PUD or surrounding areas. d. Comply with other applicable standards. The proposed amendment shall comply 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. (Ord.4-1998 §1;Ord. 13-1998 §1; Ord. 1-1999 §1;Ord. 6-1999 §1) Division 4. Subdivision Regulations Sec. 16A-5-400. Applicability. This Section shall apply to the subdivision of all land in the Town, unless exempted pursuant to Article V,Division 5, Subdivision Exemptions. (Ord.4-1998 §1) Sec. 16A-5-410. General prohibitions. (a) No land shall be transferred, conveyed, sold or subdivided. No lot or parcel of land, nor any interest therein, shall be transferred,conveyed,sold,subdivided or acquired either in whole or in part, so as to create a new nonconforming use or to avoid,circumvent or subvert any provision of this Section,or the provisions or any final PUD plan. (b) No lot line shall be altered. No structure shall be constructed,nor building permit issued for a structure,on any parcel of land within a subdivision approved pursuant to this Section except where such structure is to be constructed upon a lot separately designated on the plat of such approved subdivision. 6 43 62 The lot lines established in such approved subdivision shall not be altered by conveyance of a part of any lot, nor shall any part of any lot be joined with a part of any other lot for conveyance or construction without approval of the Town Council as a subdivision or subdivision exemption. (c) No dwelling unit shall be occupied. No dwelling unit shall be occupied or used in violation of any of the provisions of this Section. (d) Action in event of violation. (1) Action to enjoin. The Town Council shall have the power to bring an action to enjoin any subdivider from selling or otherwise conveying, before full compliance with the provisions of this Section,any parcel of land or other interest,which activity would constitute a subdivision. (2) Permits shall not issue. The Building Official shall not issue permits of any kind for the construction of any building or other improvements upon any land for which an approved final plat is required,unless and until the requirements of this Section have been complied with. (3) Town Council may withdraw approval. The Town Council may withdraw any approval of a plat if and when it is determined that information provided by the subdivider in the application upon which such decision was based is false, materially inaccurate, or the subdivider has failed to comply with the terms of the approval, or with the provisions of Section 16A-5-420(7), Recording of Final Plat. The Town Council shall cause written notice to be served upon the subdivider or his or her agents, directing the subdivider to appear at a certain time and place for a hearing before the Town Council not less than thirty(30)nor more than sixty(60)days after the date of service of such notice. At the hearing, the allegations shall be examined by the Town Council, which shall have the power, upon good cause being shown, to withdraw any previous approval or to require such corrective or additional measures to be taken by the subdivider as are found to be proper. (Ord.4-1998 §1) Sec. 16A-5420. Procedure. The following procedures shall apply to a subdivision application. These procedures are illustrated in Figure 5-10,Subdivision Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is mandatory prior to submission of a subdivision application. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-430,Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. A complete copy of the application shall be forwarded to the Planning Commission,together with a copy of the staff review. (4) Planning Commission review. The Planning Commission shall consider the application. The Planning Commission shall consider all relevant materials and testimony, and whether the application complies with Section 16A-5-440,Review Standards, and shall recommend to the Town Council that the application either be approved, approved with conditions or denied. 63 (5) Public notice. Public notice that the Town Council will hold a hearing to consider the application shall be given by publication, mailing and posting of notice, pursuant to Section 16A-5- 60(b), Manner and Timing of Notice. A complete copy of the application shall be forwarded to the Town Council,together with the staff review and the Planning Commission recommendation. (6) Town Council public hearing. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Town Council shall consider all relevant materials and testimony,the Planning Commission's recommendation and whether the application complies with Section 16A-5-440, Review Standards. Following closure of the hearing, the Town Council shall, by resolution, either approve,approve with conditions or deny the application. (7) Recording of final plat. Within ninety(90)days of the date of approval of the subdivision, the applicant shall submit three (3)Mylar copies of a final plat to the Planning Director. The final plat shall also be submitted in a digital form acceptable to the Community DevelopmentDepartment, for incorporation in the Town's geographic information system(GIS). a. Planning Director review. The Planning Director shall review the final plat to ensure it complies with the terms and conditions of approval,shall obtain signatures for all of the applicable certificates on the plat and shall return the exemption plat to the applicant. b. Recording by applicant. The applicant shall thereafter cause the final plat to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. (8) Effect of final plat approval. Recording of the final plat shall confer upon the applicant the right to establish individual ownership interests,according to the final plat,within the area defined in said final approval, subject to any conditions imposed as part of the final approval and subject to the provisions of this Development Code,and any other applicable municipal ordinances and regulations. (9) Consolidation with PUD review. If the application requests both subdivision and planned unit development approval, then in lieu of the above procedures,the subdivision application shall be considered at the same time and following the same procedures as preliminary PUD plan review by the Planning Commission and final PUD plan review by the Town Council. ?a 64 FIGURE 5.10 SUBDIVISION APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (MANDATORY) SUBMIT APPLICATION STAFF REVIEW PLANNING COMMISSION MEETING PUBLIC NOTICE TOWN COUNCIL PUBLIC HEARING TOWN COUNCIL ACTION (Ord. 4-1998 §1) Sec. 16A-5430. Application contents. An application for subdivision shall include the following information: (1) Minimum contents. The minimum contents for any application,as specified in Section 16A- 5-40(b), Minimum Contents. (2) Improvements survey. An improvements survey, showing the location and dimensions of all existing structures, streets,alleys,easements, drainage areas, irrigation ditches,public and private utilities and other significant features within the proposed subdivision. (3) Plat. A proposed subdivision plat,which shall have accurate dimensions for all lines,angles and curves used to describe boundaries,streets, setbacks,alleys and easements. Areas to be reserved 65 or dedicated for public or common use or other important features shall be shown with appropriate dimensions. All curves shall be circular arcs and shall be defined by the radius,central angle,tangent, arc and chord distances. All dimensions,both linear and angular,are to be determined by an accurate control survey on the field which must balance and close within a limit of one (1) in ten thousand (10,000). The plat shall depict the following information: a. Lots,blocks and streets. A systematic identification of all lots and blocks and names for all streets. b. Adjoining subdivisions. Names of all immediately adjoining subdivisions with dotted lines of abutting lots. If adjoining land is unplatted, it shall be shown as such. c. Public areas and facilities. An identification of the streets, alleys, parks and other public areas or facilities as shown on the plat, and a dedication thereof to the public use, when required. An identification of the easements as shown on the plat and a grant thereof to those persons identified on the plat. Areas reserved for future public acquisition shall also be shown on the plat. d. Survey description. A written survey description of the area,including the total acreage and a description of areas to be dedicated. e. Survey monuments. A description of all survey monuments, both found and set, which mark boundaries of the subdivision, and a description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. f. Surveyor's certificates. A certificate of a registered land surveyor explaining how bearings, if used, were determined. A certificate by the registered land surveyor as to the accuracy of the survey and plat, stating that the survey was performed by him or her in accordance with Title 38, Article 51,C.R.S. g. Certificate by attorney or title insurer. A certificate by an attorney admitted to practice in the State, or corporate title insurer,that the person or persons dedicating the public rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances that would adversely affect the intended use of the property to which dedications are made to the public. h. Town signature blocks. Certificates providing for "Approval as to Form" by the Town Attorney and "Approval as to Content"by the Planning Director and a certificate providing for approval of the plat and acceptance of dedications and easements by the Town Council, with signature by the Mayor and attestation by the Town Clerk. i. Clerk and Recorder's Certificate. A certificate of recording for the County Clerk and Recorder. i (4) Additional material. The application shall also contain the following material: a. Engineering plans. Complete engineering plans and specifications for all public improvements on- and off-site, including roads,trails,bridges and storm drainage improvements. Plans and specifications for improvements to be designed and constructed by special districts or ?y 66 utility companies shall not be required. b. Landscape plan. A detailed landscape plan showing locations, size and type of landscape features and planting schedule. c. Monument records. Copies of any monument records required of the land surveyor in accordance with Title 38,Article 53,C.R.S. d. Agreements. Any agreements with utility or ditch companies, when applicable. (Ord. 4- 1998 §1) Sec. 16A-5-440. Review standards. The proposed subdivision shall comply with the following review standards. (1) Consistency with Comprehensive Plan. The proposed subdivision shall be consistent with the intent of the Comprehensive Plan. (2) Compatibility with surrounding land uses. The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. (3) Comply with other applicable provisions. The proposed subdivision shall comply with all other applicable provisions of this Development Code, including, but not limited to, the applicable standards of Article III,Zone Districts,and Article IV,Development Evaluation Standards. (4) Suitability for development. The property proposed to be subdivided shall be suitable for development, considering its topography, environmental features and any natural or man-made hazards that may affect its development potential. (5) Adequate facilities. The applicant shall show that: (a)adequate facilities will be provided to the proposed subdivision for water supply, sewage disposal, solid waste disposal, electrical supply, fire protection,roads and pedestrian circulation;(b)the proposed subdivision has been located so as to be reasonably convenient in relation to police and fire protection, emergency medical services and schools;and(c)the proposed subdivision will accommodate the efficient provision of transit facilities and services. (6) Spatial pattern shall be efficient. The proposed subdivision shall be located so as not to create spatial patterns that cause inefficiencies in the delivery of public services, or that require duplication or premature extension of public facilities. a. Roads. Any new road developed to serve the proposed subdivision shall be continuous and in alignment with existing platted streets to which the street is to be connected. Where appropriate, new streets shall be planned so that they can create an interconnected Town road network, with provision for adequate road and utility easements. Where cul-de-sacs are incorporated in a subdivision, the applicant is encouraged to provide a trail or similar pedestrian link between them. #7s 67 b. Water and sewer lines. Any water or sewer line extension necessary to serve the proposed subdivision shall be consistent with the Snowmass Water and Sanitation District's service plan and with the Town's Comprehensive Plan. (7) Phasing. If the proposed subdivision is to be developed in phases, then each phase shall contain the required streets, utilities, landscaping and other improvements that are necessary and desirable for residents of the project. If the subdivision incorporates any amenities for the benefit of the Town,such as trail connections,these shall be constructed within the first phase of the project,or, if this is not possible,then as early in the project as is reasonable. (Ord.4-1998 §1) Sec. 16A-5450. Amendment of final plat. An applicant may amend an approved final subdivision plat by complying with the following procedures and standards. (1) Overview of amendment procedures. There are three (3) types of amendments that an applicant may propose to an approved subdivision. The applicable procedures for each type of amendment are as follows: a. Administrative amendment. An administrative amendment to an approved subdivision may be considered pursuant to Section 16A-5-250,Administrative Modifications. b. Minor amendment. A minor amendment to an approved subdivision shall comply with the procedures of Subsection (2), Procedures for Minor Amendment of Final Plat, and with the standards of Subsection(3),Review Standards. c. Major amendment. A major amendment that would substantially modify all or a part of an approved subdivision, or any amendment to an approved subdivision that does not comply with the provisions of Subsection (3), Review Standards, shall require a full subdivision process. During the full subdivision process,the Town shall determine whether the application complies with the standards of Section 16A-5-440,Review Standards,and shall also consider(but not be bound by) whether the application complies with the standards of Subsection (3), Review Standards. (2) Procedures for minor amendment of final plat. a. Pre-application conference. Attendance at a pre-application conference is mandatory prior to submission of an application for a minor amendment to a final plat. b. Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: 1. Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b),Minimum Contents. 2. Written statement. A written statement describing those elements of the original subdivision approval that are proposed to be modified. yy 68 3. Other information. The applicant shall submit such other written or graphic information as is necessary to describe and evaluate the proposed amendment, such as a marked-up copy of the final plat. c. Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. d. Public notice. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. Public notice that the Town Council will consider the application shall be given by publication, posting and mailing of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. e. Town Council action. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Town Council shall consider all relevant materials and testimony and the standards in Subsection (3), Review Standards, and shall, by resolution, approve, approve with conditions or deny the application. f. Recording of amended plat. Within ninety (90) days of the date of approval of the amendment, the applicant shall submit three (3) Mylar copies, suitable for recording, of the amended plat to the Planning Director, together with any other documents that are to be recorded. The Planning Director shall review the documents to ensure that they comply with the terms and conditions of approval, shall obtain signatures for all of the applicable certificates on the final plan and shall return the documents to the applicant. The applicant shall thereafter cause the documents to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. (3) Review standards. An application for a minor amendment to a final plat shall comply with the following standards: a. Consistent with original subdivision. The proposed amendment shall be consistent with or an enhancement of the original subdivision approval. b. No substantially adverse impact. The proposed amendment shall not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. c. Not change character. The proposed amendment shall not change the basic character of the subdivision or surrounding areas. d. Comply with other applicable standards. The proposed amendment shall comply with the applicable standards for review of a subdivision application, as specified in Subsection (3), Review Standards. (Ord.4-1998 §1; Ord. 1-1999 §1) Sec. 16A-5-460. Vacation of recorded plat. Vacation of a recorded plat,or portion thereof, such as a public right-of-way or a dedicated easement, 7!r 69 shall only be approved by the adoption of an ordinance by the Town Council. The following procedures shall apply to an application to vacate a recorded plat or portion thereof: (1) Pre-application conference. Attendance at a pre-application conference is optional, but recommended,prior to submission of an application to vacate a recorded plat or portion thereof. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the minimum contents for any application,as specified in Section 16A-5-40(b), Minimum Contents, together with a copy of the recorded plat, indicating the portions of the plat proposed to be vacated. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. A copy of the staff review shall be forwarded to the Town Council,together with a complete copy of the application. (4) Town Council action. Town Council action on the proposed vacation shall comply with the Town's procedures for adoption of an ordinance. The Town Council shall consider the following standards in determining whether to approve,approve with conditions or deny the application: a. Access to a public road. No roadway shall be vacated so as to leave any adjoining land without a means of access to another public road. b. Easements. When vacating a public road, the Town may reserve easements for the installation or maintenance of utilities, ditches and similar improvements. c. Transfers or sales of lots. A subdivision plat may be vacated if none of its lots have been sold or transferred, or if there have been sales or transfers, then if there has been no development on any lots in the subdivision and all of the owners agree to the vacation of the plat. d. Comprehensive Plan. The proposed vacation shall be consistent with the Comprehensive Plan. (5) Actions following approval. a. Documentation. The applicant shall record the documentation of the approved vacation in the office of the County Clerk and Recorder. The documentation shall also be submitted in a digital form acceptable to the Community DevelopmentDepartment, for incorporation in the Town's geographic information system(GIS). b. Quit claim deeds. Whenever the Town shall approve an application vacating a public right-of-way, abutting land owners shall be provided with a quit claim deed for the vacated lands. Each abutting land owner shall be deeded that portion of the vacated right-of-way to which the owner's land is nearest in proximity. (Ord.4-1998 §1) Division 5. Subdivision Exemptions See. 16A-5-500. Exemptions authorized. 76 70 The Town Council shall be authorized to exempt the following activities from the terms of the subdivision regulations: (1) Lot line adjustments. Lot line adjustments between previously platted lots. (2) Lot combinations. Lot combinations of platted lots. (3) Conveying title. Conveying title and/or fulfilling legal obligations when no development will result thereafter,without subdivision or PUD approval. (4) Condominiumization and time share. Condominiumization of a development, or approval of timeshare estates. (Ord.4-1998 §1) Sec. 16A-5-510. Review procedure. The following procedures shall apply to a subdivision exemption application. These procedures are illustrated in Figure 5-9, Subdivision Exemption Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional, but recommended,prior to submission of an application for subdivision exemption. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-520,Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50,Staff Review of Application. (4) Town Council action. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. The Town Council shall consider all relevant materials and testimony,shall consider whether the application complies with the standards in Section 16A-5-530,Review Standards,and shall,by resolution,approve,approve with conditions or deny the application. (5) Recording of exemption plat. Within ninety (90) days of the date of approval of the subdivision exemption,the applicant shall submit three(3)Mylar copies,suitable for recording,of an exemption plat to the Planning Director. The Planning Director shall review the exemption plat to ensure it complies with the terms and conditions of approval, shall obtain signatures for all of the applicable plat certificates and return the exemption plat to the applicant. The applicant shall thereafter cause the exemption plat to be recorded in the records of the County Clerk and Recorder,at the applicant's expense. 77 71 FIGURE 5-9 SUBDIVISION EXEMPTION APPLICATION PROCEDURES P-RE-APPLIOATLON CONFERENCE (OPTIONAL) WSW APPLICATION STAFF REVIEW TOWN COUNCIL ACTION (Ord.4-1998 §1) Sec. 16A-5-520. Application contents. An application for a subdivision exemption shall contain the following materials: (1) Minimum contents. The minimum contents for any application,as specified in Section 16A- 5-40(b),Minimum Contents. (2) Improvements survey. An improvements survey, showing the location and dimensions of all existing structures, streets,alleys, easements,drainage areas, irrigation ditches,public and private utilities and other significant features within the property. (3) Exemption plat. The applicant shall submit a proposed exemption plat,which shall contain the applicable information for a final plat, as specified in Section 16A-5-430(3), Application Contents. (4) Condominium documents. For an application for condominiumization, the applicant shall also submit proposed condominium documents, including condominium declaration, articles of condominium association, bylaws, maps and all other applicable information as required by the Colorado Common Interest Ownership Act, Section 38-33.3-101 el. seq., C.R.S. The application shall also include a proposal for restricting owner usage and how the units will remain in the short- term rental market, if applicable. (Ord.4-1998 §1) Sec. 16A-5-530. Review standards. An application for a subdivision exemption shall comply with the following standards: (1) Exemption is necessary. The exemption shall be necessary for the preservation and enjoyment of substantial property rights of the applicant. (2) Consistent with subdivision. The exemption shall be consistent with the preservation of the 79 72 goals,objectives and standards of the particular subdivision or land area involved. (3) No new lots created. Granting of the exemption shall not create any new lots in any single- family subdivision. (4) Comply with Development Code. The exemption shall comply with the standards of the zoning district in which the property is located and all other applicable standards of this Development Code. With respect to an application for a lot line adjustment, if any of the lots or structures thereon are nonconforming prior to the adjustment, then no adjustment shall be allowed that increases the nonconformity of the lot or structure. (5) No adverse impacts. Granting of the exemption shall not be detrimental to the public welfare and shall not affect in a substantially adverse manner the enjoyment of land abutting upon or within the area in which the subject property is situated. (6) Not increase total allowable floor area. Granting of the exemption shall not increase the total allowable floor area on a lot or lots affected by the proposed exemption beyond the total allowed without the exemption, and any change in allowable floor area permitted by the exemption within those totals shall be consistent with the surrounding area. (7) Special circumstances. In the instance where the Town Council is unable to find that an application is consistent with any of the above standards, the exemption may only be granted if the Town Council finds that there are special circumstances or conditions affecting the subject property such that the strict application of these standards would result in undue hardship and deprive the applicant of the reasonable use of the land. (Ord.4-1998 §1) Sec. 16A-5-540. Condominium conversion. A building proposed to be converted into condominiums shall be inspected by the Building Department prior to review of the subdivision exemption request for condominiumization. This inspection shall primarily focus on fire, health and safety conditions and is not necessarily intended to bring old structures to full compliance with new building construction codes. (Ord.4-1998 §1) (a) Purpose- 4:h purpose ofthis geotion is to make avail Able a development technique that undo (1) Avoidprobiems. S@tting high standards for 4me Rhareprojeots to avoid tho undesirable of past experienGewith time shue, special Attention is d;F@Gted to pFobleFnr related to; (a) long to maimename,repair and replaGonienti (b) market and sales pfaGtioos; (c)management ai*ang@m@nts; M\ Gonsumer proteetion. prot@Gting the Gonsumer, the interest of the public and the presen t 79 73 be .1' a C the bgu@R7APnt of the T....m with stFeng o..0«,.eablo sa f..,,aFds agains R4easur@s may ahHBP approval The objeowes,standards,appliemion conteatF,and othef provisions of this Section shall be applied to the the extent sp@6fioally provided herein. it is acknowledg@d that, depending upon the type of time shafe pr4opeFly, the faGt that the 9,Aq4ership right may be Gonsidered personalty (i.e., for the puFpose of imposition of sales tay.), does not eyompt the sale, exGhaago, rental, tFansfer oF use of timo share e9tate ftoM thig S@Gt OB_ IZ@F thO PUEPOSO Of thiS SGGtign,an intmst in a time share estate shall be nongidered an inwrest in real propeny. Uis SeGtion is intmded to supplement the provisions of the Colorado Common inwest OwneFship Act as applied in the T-oA%by adding the righ! to use estate to the dofin tion of A time share @state and by imposing the sp@Gif4G ional reviem,standards and requirements sot fo;lh herein (c) Evaluation standards In Addit on to any other appliGable g-Aluation Atandards, the following aFe allowed by sp@G a] review (1) Neighbofhood pharacter No time share appligation shall be approvod when suGh aoti;ity would adversely affsAt the obarAntey And-natiore of thm surmunding neighbor-hood. if, as paFt of the against part of a subdivision or plapAwd unit development review filed within W�o(2)years as long as the projoGt remains materially unehanged, (2) Physical improvements. A proposal to Gonvort existing dwelling units, hatelsq lodg@s a h f :l:t., shall be approved unless the facility mo@tg or hAR demonstrated thal it w 11 moot All ruFr,@PA life safety standards or requirem-entg nontaingd n the most atur-ent bi-, Wing and fire Godes,and that the faGility iF oufF@Rtly in Gompliang@ with building and fire godes if; gg,@Gt whon th@ building pofmit for suG (5) Eoonomio hnian-no No time ghar@ praj@Gt shall be approved that will result in an imbalange in h varioy and type of shon t@Fm agoommodat'ons nogessary C . the 000nomiG viability of the ogo 74 (6) Mitigate impaets on pf:egFams and san,iGes- No time shme applioation shall be approve' Unlogg it k demengtrated that the negative impaots eaused by the prGjoot being Gonsidered upon the 4:o,A%'s physigal plant, revenue soums, tFmspotlation system, ;oadway system, fogreational (7) Maintenance and repain No time &haro appliGatign shall be appFeved unless it innludss A C asswing adequme long tffm e, repair and .. plan e ,e ... C the ... an prowrions for a Goatinuing,effective management. in ibe Gas@ of a projogt consisting of Fight to use estates,unless an adequate amount of the purGhase pFigo paid by the first pufGhaser of the Figm to use fimd-s for the fiaure maintenange and repair of tho time share proj@Gt, the appi icant shall not hame complied'A'A this standa;:d (8) Marketing plan. No time share appligation shall be approved unless it ineludes a muketin plan thatwill not be dispuptive to or have advarse effentA on residents And vigilars to the Gommunity. (d) AppliGation Gontmts In addition to any other submission requir4oraoPAs appliGable to th development proposal, the developef shall submit the foll(mming ififemation for the 4ime shme prajeGt-i (1) Projoet . that being offered i , d. without limitation, the dwelling units; any Site Amenities to be provided by the de;,eiop@F and the use and/or ownership of sugh amenities;and the maAeting plan to ho WiLmd for the gala of tho timA shafe estates. (2) identity and experionge. a. Developer. The narae, prinGipal address and telephone number of the developer- and a summafy of the developer's experieme ift the development of time sham progams of prGjeGt& h Managing TI, name,pFingipal address and telephone number..C.i,e managing agen and a summary of the agent's expeFienoo in the management of titne share progaras or pFoj@Gts. rnafkoting the time Rhave estates and a summmy of that ontity's oxpmieme relating to time shw buAdings,dwelling units And amenities gad the developer's plans,if any,feF phasing,,A4th a statement that sugh- sGh-edule is not a repFesontation oF wamanty that the completion shall 099-F at the Above dnsn;ihnd time !A\ Time share projoGt insuuments. Gapies d /. 'e f naFr..tiye de....«:..ti..n of the Material fentureg of the time shafe projwt ins4uments(ath@F than any maps,plans oF p!aU)- three (3) ),@aFs aftoF the date of the first ftansfer to a punhaw (and thorefere inGluding the Gurm 19/ 75 and inflation factors. The budget must alsoinalude the falleAwnw. a. popairs. A statement of the Amount included in. the budget as a resenze for repairs an a t5TWal time share estate. tho t fle to the t me RhRra ARtAto And a statement that,pFier.to thA trangj�;of a tima sham estate, other than by deed in lieu of f9roolorm-7e,the developff sMl r@Gord or fuFniph to the purchaser-a relea6e e a!!!ions affoGting 1ho t�mn i;hnre aRtAtp whieh the purchaser does not @Kpressly agree to talw subjea to or assume, or shall provide a sui-70),bond cw subAt tute nollater 1 for or inaw-anGe againrt the lien a Provided under staie kqAk- through the lei (9) EsGrow acGount -4 statem-ent that a deposit made in GonnoGtion mith the purchase of a time Sham estate AhAll be hald in gn gRorow nnam.mt As dowribod in SubsoGtion(g),EsGrew Deposits. (10) Pending suits. -4 statement of the Aatus of any pending suits against the developer OF the goveFaing bedy=� of the time share prgj@Gt that are mat@Fial to the projea and of whiGh (W) Liens arising out ofGlaims. The extent to Awhinh A time shafe estMo may beGeme subj@Gt to tAX I on Ar ot�or lion arising out of Glaims against atheF eymers of the sam-A time AllArg gstato (15) PinanGialobliga4ion. A statement of the estimated total f4aanGial obligation of apuwhaser, must pay at alosing- Prorated obligations may be giv@n by way of eKampi@ fair4y showing how th@ rC y 76 the problem of a time Ahar�o pgtatp not being available to an Own"hAnA.-go of dafflages,the need for repairs OF a holdover G'AMOF, and in the gase of A haldaiw olAmer, what penalties vAll be amessed against such ownen (17) sohodule filf lagal rogreat on fanil tias- A stalement of when 4he major legal rooreation (18) on site afnenitieg avaiiable- A Ata-toment that on-site time &hare prgioGt amenWeg will be an explanation of the use of Ainds generated fFom theuse of om Aile Amenities (19) ReGision period. A staiement that the purGhas@F is entitled to A five-da), fegision Period (20) lixghange program. if th@ owners ai-ze to be pemitted or requir4od to begeme members of 9 to pailiGipate in any prggfam for the omhango of ogoupamy fights among theffigelves OF with the a identity of operator. 'Pho name, pringipal address and telephone number „f the pme h. Manne;of operation. The manner in whigh the ex6hange pFogFaFn is Opffated; voluntary or mandatoi3,; d. Costs. The costs oF ranges of costs of membership of partwipation in the eywhange progFa as of a specified date not maFe than one(1)yoaf befem,the digalogum- Atatoment ig kip]kwed to the purchaser and the person to whom these eorts are payable� ` e.�*hothorGoste—may be t d- un ther and t,,.w many of th@ G96tr rpogified in Subpmagraph 4 above may be altered and, if any of them are to he fixed an A case by Gage basis, thp M.Anner in lwhiGh they e to tie fixed in Gh Gase; and C. Number of projeets involved. Thg n-idmbpr of time shave mtetwalls And time share projoet (1)year before the d-gglagiwo statement ig delivered to the purchaser. that person shall provide the developef with All of the inform-a-fion nontained in items 1 through 6 shAll includo the m4;fiad information in the disclosure statement as foplaGement for the developef's discloswes required above. Uo d@veloper shall have no liabil;ty for the publiGation or dist6b,lion o 93 the info;mation supplied by the,person operating the ey.Ghmge program. !21\ Gonversion properties. TF the appliGation is F sonlwsion of an existing development to time share SL71 mitto , , D.ene..t A..,..Alti.... of .. e.,ts A statement by the developer based on a r-epoF4 F' .. present ...... A by independent aroh:tert describing the A:lien of All onjo)q�aent of the time shared dwelling units. b. Bypeoted vgnfi,l life A-slatemem by the developer of aho expe6ted usefu life of pagh item. reported abg;,@ o;a statement that no mpr4osenta4ions are mado in that regard. c;ode or other rauniGipal regulations,togothofwith the estimated eost efouring those- olationg d. Approval of Gonver6ion by o-mers Evidetwe must be provided that the required !97\ n F 1 f' F if of h f ,.fmationrequired t he...,hm:tted available not the time of the appliGation for timeshare,and if the de;,elop@F indiontag to the PI Anning pireotori (a) mfom;;Ition Shall be available, then !he, Town GounGil may defer the paftigular applinat on nontents (0) DisGlosure Statement. i (I) Submission Planning Piremr. Either F ll....,:.,.. A .A1 ..F., .. e..t that is intended t estate mnlude t me shar4s estates, oF prior to the gem-menGement of R;a,rkoting, the appligant Shall Submit t Contents. The Planning DiroGtor shall Fewom, the statement for foma and complianGe with Tomm GounGil requirements and 6hall approve or rojeGt the sam@ within thiny(30) days. In the event of th rojeotion, the appliGant may amend the diFG!osuFe statement to Comply with the Planning pireGtor2s (2) of disgiagure statement to purohaser. EKGopt as provided in Subsection (3), Resales, the, develop@i: shall pFevido a purghaser of 2 time shafe estate m,A a Gopy ofthe approve or, if ng GontFagt is entered into,pfiGY tA th-A dAtA Ft.A F. The dO;'ejGpGr ..htA .. fF@ 78 i 6 1 � f a j x � � � i y i E a i 2 7} � I ° r _ a , . a .5 � I �§ � s bo { {{ E Approw budget. The right to approve a budget, inoluding adequate regelwAs fe replacement and r-@pair, and to detamine the amount of ovlmoF's aAAARRMARt& 4. Rotabl:ol. ....loo. qli@—'right t0—GStabl:..1. mles in ....1ef to e e the s..tid . management And mamtonange of the Urao share proj@Gt-. —aR4gS ht to use eSt^6B6 Time sham proj@ot ..t.. m «to for right_to uge Astateg ol,ell b. QgGupanG3,periods. q4io identifiGation of the exclusive Gocupangy periods,size and typo 0 tima shared unitA and the Wngth of time that the time shared umtg ar�o nomm-itted to the time ghmrs management or other expenses assessed to oiwngrg and thA method of assessing d. Voting right&. Identifigation of an),voting rights of GAmers,inGluding the use of proxisr. o. Rasu�atians. Any Festriotions on the use, ogoupamy, alteration or alionation of the tim ShAre 86tate rolling,OxGhanging, buying, r-enting or leasing of time Rhave estates, or interest therein, if AuGh gond,-.Gt is in romponsation,m4thout first having obtained A.liGense ftem the Colorado Roal Estate Camm-ks;on. S;,Agh 104(4), G.R.S-, @YG@pt (1) and (m), are exempt fFom this Provision. Those pffsong fiesGribed in sention 12 61 104(4)(1)and(m),G.R.S.,UO exempt to the @Ktont that the),do not engage in the Rale oftime rham Unsold time share astates The developer shall have the obligation to pay amommentF; with r--Wegt to ungeld time shaF@ estates, or proAtide a subsidy to the aggomtion whigh shall equal the inGluding an), amounts payable to the, asgomtion A-A by G'A'R@fs otheF than the dowlqpe;� UO dOWIGPOF Shall haV@ th@ R&to rent any unsold tirae share estates, provided thal tha PoRtR of s igh rentaIR;A,NAh up not noFmally considered sommen expense shall not be passed on to the association,and quch tim-e share aRta-es shall not be given a rental preferenee. I 81 (1) Prevent or ;y or Gonwyango. Tbe Ta;Aq; GounGil may institute an eGoupanGy or Gonvoyance relating to a time share project or to enjoin any prepony Owner, d@volop OF appligaRt fFOM SelliRg, agFOOiRg tO 6011 Or offiaring to sell OF othopAcise Gonvoy A time share eAtale before full oompliance with the provisions Aomain-@d herein and all approvals fequwed herein are btained: (2 The T,...,.. !`........:1 m .,lt6A....., a ,el of a plan plat hp s@p.,ad on. the developer, or his or h@F assigns, setting gut a Alear and conGise deruiption of the alleged false or inaoGurate infoFmation provided by the developer or by agent6 on his or her behalf-, And shall dimot the applicant to appear at a t.m.o Gonain foF A hearing before th@ Tomm coung I not less than ton (10) days, nor more than thiny (30) days after the da-to of sep4ne of notine Withdrawale apPF016'al OF IMPOSitiOR Of GOFF@Gti;'O req,Aremantg Rhall not b@ an exclusive romedY, and an), and all remodies pFovided by law may be exmised-. � r (3) Misdemeanor In thA that .ate ..ells of othe. wko don's in an ownership oF managerial GapaGity with a time shue projoGt, and is knowingly in violation of the requirements ofthis Chapter,he or she shall b@ guilty of a misdemeanor and be subjeGI tO a f4R@ aS SO !A\ Remedies 1 Un mmodWs the T....... set forth hemin RhAll he doomed 82 TOWN COUNCIL COMMUNIQUE Meeting Date: I July 21, 2000 Presented B Craig Thompson/Gary Thompson/Gary Suiter Subject: Entryway/Pool Discussion Overview: Last week, Council participated in an active planning exercise, and discussed several development scenarios for the entryway. We reviewed multiple concepts to accommodate parking and transit facilities, a community pool and recreation center, JAS site, softball and soccer fields, service station, etc. Part of the discussion involved portions of the Horse Ranch Common Areas, including Parcel E, just north of the Rodeo Lot. This parcel is dedicated to the Horse Ranch Homeowners' Association. Please find attached a map of Parcel E and the list of permitted uses. Per Council's request, I have invited Pat Smith, President of the Horse Ranch HOA, to attend this meeting for an informal discussion about the entryway. I asked her to invite other members of the Board and interested residents as well. Recommendation: Briefly review some of the scenarios that we discussed last week and have an interactive discussion with the residents, noting their comments, suggestions and concerns. p:hMwdkWMftn*W,XWJc 2000haEeo dia M 89 • I PARCEL A AREA-15.SE7 ACRES,%- N64'26•31'W 70' ROAD SIDE EASEMENT / 'h0 Ea' W P �y i •` . 5 E0 MAD AIDE EASEMENT `ly bySP • �/ of P S88.23104W 256JW `= A S a� PARCEL E AREA, 7.1!6 ACRES, 6 HE 6TH P. M° o T FDOMO /5 REeARS W/AWII. CM MARRED `D.S. 5 CO. LS. 17664• I P. M., w O a 20' ROAD SIDE EASEMENT ••1 '� \ 20• NOM SIDE EASEMENT Z • 9 •A� WRNED O.e'6 CO. L.S. INMN' C�� Jp •Tr: (7 A SUBDIVISION EXEMPTION ®• \NM•)TD'E 1 FOR THE STABLE-0 h� FACILITIES PARCEL AE2 q0 • 5P ���y�{ N • 1 3 M, s a =h': ,'•,n Ji — ° �U' AN jR QO NIpV' BOON 781, PAD 953 i d PN 1 SEE NOTE II I ti x W N �aDEc .A, S •8a iy+ COI z E' J �--PARCEL 0 "^, obi N i3; AREA 6.)56 ACRES, O Q e a N M h In ,•� IIAf� �. �� L fawkv Part 9. Pd&said private wage= 1& 11 111111110It I I Ina; A. - Il. aouro.l,.a.er�ioegu.�..aado ;l14.�11.ans 11at.aa.�as1 Amaeido s du0odbr 1: 111 �!...g.+w.wgk IL Dmiap Impmwm ft FARM D Pmoal mmag a 35.99 so=more or lac A. Fwaftad Uam by NJ&*: R. 1. Ladwa rig sad qM wece: 2 Oatf.dWbnd by special review use approval: 3. Aassory um amociatd with and in support of geif,lolled by spa" review an approval: 4. Podasriatu sails c.aa-mosoriaed.e►idar. S. Ilor.- - ridiag bails: C. 6. Trmb sipye: 7. Pasaae I. Roadways; 9. Paaeiag: 10. Public and private utilities: 11. mwcbmumd=pbm 12 Use for gmcial event activuset; 13. Recremo mi uses and facilities owned and n esaatd by the Hone Roach PAR revew we Para rA. CEL E l Aa%W 7.19 acres mom or less. A. I Psmitwil Uses by Right: �j,126� �dt•rJGH I 1. Landscaping sad open space: La,�� tns�Yls�ry 2. Padeatnan bails(non-motorized vehicles): 3. Horseback riding mails: 4. Trail signage; I PAR S. Lodscape walls and signage associated with entry.with no setback requbet ents from lot boundary lines; Parcr 6. Fencing: 7. Trash collection structures and facilities: ��. A. S. Access roadway assowted with bash structures; 9. Public and privat utilities 10. Drainage improvemeao: 11. Mechanized irrigation. PAR F Para Puoel acreage 13.30 acres more or less. A. A. Permitted Usm by Rig►t: 1. Public facilities to be defined by special review use approval PARCEL G Parcel acreage 6.76 acres ream or less. A. Permitted Uses;by by Right: 1. Open space recreational uses; 2. Antieipatd propabr by ripe of use;including but net Iimitd m: L Tennis: b. Basketball: C. SaMall; Lrl { 20 1930 in said Lot I SUBDI V ISI• • �± " PS'Y • the rccordec - r IN TOWNS z alas PARCEL Y Al 10111111 Section 25: �L PARCEL B w w quarter of ua A® INAL 2111111111M North 89 do J `i1 �I feet; thence 1\ East 700.47 L PARCEL L degrees 10' _ .49 A� 1 South 01 de 1 y N ••��� _ Land L LAW terra 2496 PARCEL A A. PamYYA U _- tWDUM eAamrr� I j ls.at ACM 1. $ice 2- P" LeomrWm�Pa 5. Ae 211.61 ACM 1. ow( 2. E. , �i A.A 5. mc M 0.) --- ----tii PARCEL E, c L.rtte 1 l 7.19 ACID : 1. PARCEL P .92 Acm 1'O1 DM=TBD RO.f. 4 . . Aver 4 ver PARCEL D 4 Alm sa.w A® ' � Lo PARCEL H x Accts Ln die t KAaoma t PARCEL G l t O s' ` I9.70 ACM i t � PARl7A.A i PgraJ scrup 113 fw OaDIrJTm LO.1t. �IANWCAPL / EA,gpmfr 1. sin` L wel 3. Am I 4. Ln i Tm 6. Tau 7. Dm MAM LO.T. PARM t //1M Prml soup 33 �y A hrdMe 1. !r 2. G� 1. b ncv 4. Pn 5. Tr. 6. Fe COUNCIL COMMUNIQUE Meeting Date: July 24, 2000 Presented By: Planning Division Chris Conrad, Planning Director Subject: First Reading: Ordinance No. 18, Series of 2000, an ordinance amending the Snowmass Ski Area S.P.A. to permit the construction of a Children's Race Building and surface lift adjacent to the Scooper ski trail and to amend Ordinance No. 3, Series of 1996 regarding the snowmaking Control Building. Overview: The Aspen Skiing Company (Applicant) has requested approval of a minor amendment to their Snowmass Ski Area SPA in order to construct a 1,192 square foot Children's Race Building and surface lift adjacent to the Scooper Ski Trail. In addition, they are amending Town Council Ordinance No. 3, Series of 1996, to adjust the square footage approved for their Snowmaking Control Building from the 6,000 sq. ft. as originally approved to the actual size that was constructed, being 7,669 square feet. The Control Building was constructed in accordance with approved building plans, however, the SPA should now be amended to reflect the "as-built" condition. The race building involves a 960 sq. ft. "Gathering Area", 232 sq. ft. bathroom/storage area and approximately 890 sq. ft. of deck. The height of the building will be sixteen (16) feet. While the children's race facility has been described as being Staff Comments: intended for use during the ski season, it may be appropriate to discuss whether food service should be permitted to occur during the summer. The restroom facilities are intended to remain available for summer use. Staff is not clear at this time whether any employee housing mitigation requirement would be directly applied at this time or whether a facility of this type was contemplated by Ordinance No. 9, Series of 1994. The Applicant needs to address this at 93 the meeting and further staff comments may be provided at that time. Planning The Planning Commission reviewed this application during Commission: their July 19 meeting. They unanimously recommended approval subject to the conditions contained within the enclosed ordinance. Their recommendation also included a number of suggested changes to the architectural design and materials intended to give a more rustic look to the building. The drawings enclosed as Exhibit "A" of the ordinance were prepared subsequent to the meeting and reflect the direction suggested by the Planning Commission. Staff Staff recommends First Reading approval of the enclosed Recommendation: Ordinance. P:\user\cconrad\MS Word Docs\TC 00-18 ASC SPA Amend TCMemo01 � Y AUG 2 4 1y99 A SPE \ S K I I N G C 0N1 VANY August 9, 1999 Gary Suiter Town Manager/Acting Planning Director TOSV Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Dear Gary, Pursuant to our pre-application conference, I am submitting an application for an SPA Amendment. This application meets the criteria for Classification as a Minor PUD as outlined in the Land Use and Development Code 16A-5-300. This Amendment request consists of three parts: 1) A Children's and Ski School Race Shelter 2) A Surface Lift 3) Approval of the Snowmaking Control Building 1) Children's and Ski School Race Shelter A. Building 1. 960 square foot main building with a maximum height of IA-16" i6 � /�- ' ✓G ' 132.5 square foot detached storage shed and toilets. kit 3. square foot deck - . 4. See architects drawing for finish materials/colors 5. Building is 500 feet from nearest dwelling- Dicide lot 433 B. Uses and Activities 1. The building's main function will be as a warming but and picnic facility during Children's Ski School functions. Typically the Ski School holds a picnic for students every Wednesday and ski class races each Thursday. Races consist of between 80- 400 children drawing an equal amount of spectators. The children's Ski School is one of the few programs within the Ski School currently experiencing growth. The current Arena for these activities is adjacent to the half pipe and snowboard park. With the growth of the children's program and the continual boom of snowboards, the current situation needs to be changed. This relocation of the children's activities to Lower Scooper has the unanimous support of the Ski School and Patrol. Lower Scooper is underutilized and it is out of the traffic patterns. It is readily 47s Pan Opia Bos 12481•Asurn• CO 81612 .. v-0.1)1;.1 2-10 1,741, skiaspor.ram QPon,b on�xne0 Paoer accessible by all levels of skiers and boarders, and has sufficient area to accommodate a variety of activities. 2. At this time, we do not have plans to use this building for any summer activities. 3. This building will also serve as an indoor classroom with instructional videos for students and during early season for instructors. C. Utilities 1. Heat a. Heat will be provided by an overhead electric unit heater and a propane fire place. Thermostats will be on a timer. The building will be regulated to ess than 50 degrees when not in use. Specifications for these units are not available at this time. Selection will be based on best energy efficiency. 2. Water a. A bottled water dispenser will be the only water available on site. 3. Toilets a. Four unisex toilets, one of which will be ADA accessible, will be located in a detached building with two 2000- gallon septic holding tanks. These systems will be pumped out as needed year around. There will be no need for domestic water in this system. 4. Solid Waste a. All solid waste will be removed daily by ski patrol on over the snow vehicles. D. Construction Schedule 1. Approval is anticipated on September 20, 1999. Construction should be completed within 60 days from start. Building will commence within 24 hours of receiving approval. See attached Construction Management Plan. E. Landowner's permission — jo 4j o..:, , 6<� Ce10'l,(e- 1. The building site is entirely within our ski easement. The landowner is the Snow mass Land Company and permission is forthcoming. F. Notification of adjacent landowner: the closest adjacent landowners are The Divide residences. The nearest residence is approximately 500 feet. The Divide Homeowners Association manager, Deidre Boineau and I visited the site. I have attached a letter in which she supports the approval of this project. 2) Surface Lift A. POMA Surface fixed grip platter 1. Length(g35 feet 6;5D e1.JV. 2. Capacity: _0 people per hour 3. Vertical Rise: 240 feet 4. Horsepower: 11 '/z 5. htstallation of lift and operation will meet all Colorado Tramway specifications. Operation of lift is dependent on load test and inspection by Tramway Board. 3) Snowmaking Control Building A. The Snowmaking Control Building was constructed over the s mer and fall of 1996 (Building Permit #3632). The snowmaking system was evised and reengineered as the system was being built. The control buil ing w s imilarly revised to accommodate the updated plan. An amended pla quare feet was approved. Subsequent revisions required a bui ldout o 7,246.square feet. See 7&C, Planning Department letter to Victor Gerdin, dated February 19, 1998. This amendment requests approval for the 7,246 square foot control building as it stands. Thank you for consideration of this application. If you have any questions or wish additional information, please contact me at (970) 923-0509. Sincer V Rob Baxter Mountain Manager Snowmass Ski Area 3 i i Fj i ' ci n iv" Dr August 5, 1 999 Mr. Doug Mackenzie G.H. Snowmass Ski Arsa Aspen Skiing Company P. O. Box 1248 Aspen, CO 81612 Dear Doug: I have reviewed the flags you staked for your proposed .hildren' s Race Shelter from the Di•r_,de pr•.operty. At this time, this facility appears to be screened from the Divide. My concern, as stated to .you today on the phone, is that this facility will be seen dur_nq the winter mon_hs wnen the aspen trees '_.ave no Leaves or. -hem. You have quaranted The Divide that -f this facility .s ir. clear view f_rcm The Divide l,,Zinc, the winte months, you will install spruce trees for screening purposes, to my satisfaction. Therefore, The Divide Homeowrers Association is in support of the Children' s Race Shelter and Flatter Lift . Also, I apprec_ate your assisi�ance in replacing the :;ead trees in front of the snowmaking facility and the posts at each end of the water line. if you need further help from The Divide, piease do not hesitate to contact me. sincerely, Deidre soineau Association Manager Dcbikidshelter PO. BOX 5852 SNOWMASS VILLAGE COLORADO 8 1615 X9701, 923-51.A zAX (970)423-5377 cd wyts:T, n6E.? 6o '&pis tM wcai JUL-19-00 WED 04,05 ?M "NOWMMS CORPORiT (;N FAX NO. 9709233129 F. 02 SNOWMASS CORPORATION Ju1v 19, 3000 Totvn oCSnowmass Vill,tfe Building and Planning Depaltmcat PO 13ox 5110 Snowmass Village, ('O 91615 To Whom it May Concern: As owners of the 11W 6119mue cabin. we have been notified by the Aspen Skiing C0n1l)any of their intent to build a children's surface lift approximately 100 lee' below file 13urlinganta (.,ahi3; parcel boundary. NV;, have been told that the lift will have minimal impact on the Burlingame Cabin but have not been abla to physically inspect the location. We expect to do so shortly. We withhold continent until we have been able to review the location on-site. please contact me if you have any questions. licit regards, ,�o" --- James A. llornt Chief Financial Officer CC: Doug Mackenzic 311/ab /6b itc+ �)i li'._r i{u< �,'IULI � >ran.,m.u;Vdlagc, ( o:araih,BViii � Pirmc iM,51�13i 'i5�1q TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 18 SERIES OF 2000 AN ORDINANCE AMENDING THE SNOWMASS SKI AREA S.P.A. TO PERMIT THE CONSTRUCTION OF A CHILDREN'S RACE BUILDING AND SURFACE LIFT ADJACENT TO THE SCOOPER SKI TRAIL AND TO AMEND ORDINANCE NO. 3, SERIES OF 1996 REGARDING THE SNOWMAKING CONTROL BUILDING. Whereas, the Aspen Skiing Company ("Applicant") has requested approval to amend the Snowmass Ski Area S.P.A. to permit the construction of a 1,192 square foot Children's Race Building and surface lift adjacent to the Scooper ski trail; and WHEREAS, Town Council Ordinance No. 3, Series of 1996 ("Ordinance 3"), concerned the Applicant's Phase I snowmaking program approved the construction of a 6,000 square foot Control Building located within U.S.F.S. land near the Burlingame Lift top terminal; and WHEREAS, Town Council Resolution No.'s 27 and 33, Series of 1996, granted site plan and/or architectural design approval for said building; and WHEREAS, the Town council authorized the building to exceed the 6,000 square foot limit on October 21, 1996 when it was determined that the Applicant had inadvertently excluded an interior mezzanine level from the floor area when submitting their SPA application; and WHEREAS, although the exterior remained consistent with the original approvals, the actual size that was constructed was 7,669 square feet; and WHEREAS, it has been determined that the building was constructed in accordance with approved building plans and the Applicant is now requesting that the Snowmass Mountain Ski Area SPA Plan and Ordinance 3 now be amended to reflect the "as-built" condition of the Control Building; and WHEREAS, the Planning Director has determined that the proposed Project may be considered as a minor SPA modification pursuant to Section 16A-5-390 of the Snowmass Village Municipal Code (the "Municipal Code"); and WHEREAS, the Planning Commission considered the Applicant's proposal at their July 19, 2000 meeting and unanimously recommended approval subject to the conditions contained in this Ordinance; and WHEREAS, a public hearing will be commenced before the Town Council on August 7, 2000 to receive public comment; and 161 TC Ord.00-18 Page 2 WHEREAS, the Town Council has heard a presentation by the applicant and the recommendation by the Town staff regarding the Applicant's proposal. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Findings. The Town Council finds as follows: 1. The applicant has submitted sufficient information pursuant to Section 16A-5- 390(2)(b) of the Municipal Code to permit the Town Staff and the Planning Commission an adequate review of the proposal. 2. All public notification requirements, as specified within Section 16A-5-60(b) of the Municipal Code, were satisfied relating to the Public Hearing occurring on August 7, 2000. 3. The application, subject to satisfying the conditions stated in Section Three below, is consistent with the applicable review standards specified within Section 16A-5-390(3) of the Municipal Code. Section Two: Action. The Town Council hereby grants approval of a minor amendment to the Snowmass Ski Area S.P.A. to permit the construction of a Children's Race Building and surface lift adjacent to the Scooper ski trail and to amend Ordinance No. 3, Series of 1996 regarding the snowmaking Control Building, as shown and described within Exhibit "A". Further, this approval shall be subject to the conditions stated in Section Three below. Section Three: Conditions. The approval shall be subject to the following conditions: I. Following completion of the Children's Race Building and shortly after the Aspen trees in the area have lost their foliage, the Planning Director, Applicant and a representative of the Divide Homeowner's Association ("Divide HOA") shall meet on site to determine whether the completed structure will be visible from the Divide Subdivision during the winter months. The Applicant has agreed to then install spruce trees, to the satisfaction of the Divide HOA, so as to visually screen the building from the subdivision. 2. The Applicant shall obtain all necessary food service and sanitation approvals from the Pitkin County Environmental Health Department prior to commencing operations at the Children's Race Building. Restroom facilities must be operable and adequately maintained during both the winter and summer seasons. TC Ord.00-18 Page 3 3. All exterior trash receptacles in use during the spring through fall seasons must be constructed and maintained in accordance with the Town's bear-proof regulations. 4. The Applicant shall not be required to prepare an amended and restated Snowmass Ski Area SPA Plan Map; however, the uses and facilities approved by this ordinance shall be included on any amended map required as part of any future ski area SPA amendments. 5. Snow stops shall be placed on the roof above all deck areas. 6. The applicant shall provide a construction management plan identifying material and/or equipment storage areas, describing how refuse material will be contained within and removed from the site and hours of operation for review and approval by the Town Planning Director prior to building permit issuance. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on First Reading on July 24, 2000 upon a motion by Council Member the second of Council Member and upon a vote of_ in favor and against. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on Second Reading on August 7, 2000 upon a motion by Council Member , the second of Council Member and upon a vote of in favor and _against. TOWN OF SNOWMASS VILLAGE By: T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk H:\Shared\Clerk\Ord.tc\00-18 SPA Amend ASC Race Building /Q3 Ex.Wibit TC Ordinance 0048 (Page l of 5) w'p� 8 �t,H I II O O' y I i CA CD i �r ll l t rr Q 4 rim b yj a l 8 2 r )w4�'� /If lajt l t t(♦y / t ro ; l O r . - (4 r i 0 i +t X11 �� t ,�j � � � ` `��\.� �..• � '. i I'� I Ili It Snowmass Ski Area Children's Race Center 10'Contour Interval Scale: I'=200' Site Plan �� y Exhibit bi_ t- TC Ordinance 0048 (Page 2 of 5) I I I II I I I I II I V y yyy �ppp sI _ �Ikm mign L 1 o I o cqp 0 j ' o .o y,. AL• 4.• YL �o45 Exhibit;A" TC Ordinance 00-18 (Page 3 of 5) i BATHROOM E VATION mto wnw Ioar� II I'1', Ii �I IIII II II II ' Illi I III i' it ill I ili I � i;li VIII � i�l I i IIII II ilil Iljl it lil, 'I� III VIII L �i� ' I M fcw1O.1A1 T'1.. r- - �TWIk; H 4 � 9 c fill II II II ' 'I �II. a IIII ,� IIII II. T R. IWw.Y�IM � I 1p w/y AI.K T. Y T R6. •h V41 TP /o to Exhibit "A" TC Ordinance WAS (Page 4 of 5) p < • R Y I I — r n rr. r —_ rts � r •w+ ' I I II I III I I I�il I 1 I '. I Ij jl 'I MM r I I I j I' I / I I Exhibit—A" TC Ordinance 00-18 (Page 5 of 5) - S i e t e y } + ` Ril !! ! tRi � I IIUIIIII III �� I III III III - III III-.III III k t II III ITI-III III .: II I I-I 11 -1H IIIIII 7jol Pffill 0 cam--- - --- .r •L /O� TOWN COUNCIL COMMUNIQUE Meeting Date: July 24, 2000 Presented By: Gary Suiter, Town Manager Subject: Resolution No. 27, Series of 2000, a resolution appointing new members to the Town of Snowmass Village Citizen Grant Review Board Overview: As a newly created board, there are 5 regular and 2 alternate member openings available on the CGRB. Currently there are 4 applicants; Linda Sandels, Mary Beth Bassett and Margery Fridstein are Grant Review Committee members that wish to continue on the Board. Dan Alpert is a new applicant that has expressed interest in participating on the CGRB. Since the Board is scheduled to start reviewing grants on August 18` staff is requesting that Council interview the applicants and approve the Resolution at this meeting so that the Board members can be given their oaths at their August 1 s` meeting. In order to allow for overlapping terms, as specified in the Code, two of the new members' terms will expire in January of 2002 and two will expire in 2003. Then starting in 2001, all terms will be for 3 years. Recommendation: Interview applicants and approve Resolution. vnn.,saGe6jMsnw«.xvj*M.200aoo-27 �e 9 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 27 SERIES OF 2000 A RESOLUTION APPOINTING NEW MEMBERS TO THE TOWN OF SNOWMASS VILLAGE CITIZEN GRANT REVIEW BOARD. WHEREAS, Section 8.1 of the Home Rule Charter states that members of all boards and commissions shall be appointed by the Town Council; and WHEREAS, vacancies are available on the Citizen Grant Review Board; and WHEREAS, the following citizens have expressed an interest to serve on the Citizen Grant Review Board. WHEREAS, Ordinance No. 12, Series of 2000 states that the Citizen Grant Review Board shall consist of no more than five (5) regular members and two (2) alternate members; and NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One: A000intments and Terms That the following citizens are hereby appointed to serve as follows: CITIZEN GRANT REVIEW BOARD 3-YEAR TERM Linda Sandals 07/00—01/03 Dan Alpert 07/00—01/03 2-YEAR TERM Margery Fridstein 07/00— 01/02 Mary Beth Bassett 07/00— 01/02 INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 24th day of July 2000 with a motion made by Council Member and seconded by Council Member and by a vote of_in favor to opposed. TOWN OF SNOWMASS VILLAGE ATTEST: T. MICHAEL MANCHESTER, Mayor TRUDI WORLINE, Town Clerk TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: GARY SUITER, TOWN MANAGER RE: MANAGER'S REPORT DATE: July 21, 2000 2000 CENSUS Attached is a letter from Nancy Terrill informing us of the closure of census operations in Snowmass Village. It sounds as if the census effort was fairly thorough in Snowmass Village, however, I do know some people that were never contacted. I have some concern that the majority of the effort was made during the off-season. A follow-up operation was conducted through June 29 . Let's hope that the count is complete and representative of our permanent population. *TOWN COUNCIL RETREAT Just a reminder that our daylong retreat is scheduled for August 17th. We are planning on holding this at the Snowmass Club, beginning at 9:00. Please let me know if you have any ideas or expectations for this session. *PLAYGROUND AT THE MALL Attached is a memo from Rhonda Coxon updating you on the effort to install playground equipment at the end of the mall. Please let me know if you have any comments or concerns with this approach. POSITION OPENINGS I have made the final cut for the Assistant to the Town Manager position. Three department heads and I are interviewing four finalists for this job. All are very qualified and ready to go to work. Filling the Senior Planner position is proving more difficult. The response to date has been minimal, even with extensive advertising. I have asked Craig to investigate comparable salaries, as we may be underpaying for the position. We may have to increase the salary in hopes of recruiting more qualified candidates. We will keep you posted. *QUESTION OF THE WEEK Do to minimal response, we are discontinuing the newspaper advertisement for Question of the Week. We will continue with this format on our web site. Please let me know if you have suggestions or comments on this matter. LITTLE RED SCHOOLHOUSE IMPROVEMENTS I have asked Joe Coffey to inspect the Little Red Schoolhouse and provide a five-year capital improvement plan (CIP)for this building. The Town owns this historic structure and we are making an effort to maintain it at a higher standard. Currently, we have about $9,000 in our capital replacement fund and plan on spending some of this to paint the building and make minor repairs this fall. I suggest that we continue to budget an appropriate amount each year to maintain this historic structure. Once the CIP is done, we will finalize a new lease. AT&T NEGOTIATION I left a message for Jeff Rhinehart, the AT&T Wireless representative, and requested $20,000 as consideration for modifying the permitted uses on the Timberline lease. I suggested that a cash flow scenario might work as well. I have not heard back from him to date. 12-17-99MR Page Two TELECOMMUNICATIONS UPDATE You may have read about the "Four Rivers Project"which is evaluating advanced communications technology in the Roaring Fork Valley. Their charge is to determine the best solution for bringing a larger"data pipe" into the valley at an affordable price. The project is basically a grass roots effort and is seeking funds to address this issue. Our own staff has been tracking the project and we will provide you with periodic status reports. Also, the Town plans on acquiring a T-1 data pipe within the next couple of months. This asset will provide us with more speed, wide-area network capability, secure access to the AS400, overall improved security, the ability to host our own web sites (no more ads!), and the ability to handle all future voice communications. We'll keep you posted. "Response requested P/shared/clerk/manager.xsdreports.mgr/07-24-00.m r.doe /�z C2United States o$8S Nancy Terrill,Local Office Manager US Census Bureau 105 W.Main Street Grand Junction,CO 81505 Tel: 970-263-8580 Fax: 263-8587 July 5, 2000 Mr. Gary Suiter Town Manager, Snowmass Village P.O. Box 5010 Snowmass Village, CO 81615 Re: Closure of Census operations in your area Dear Gary: We wanted to inform you of the closure of Census operations in Snowmass Village. We completed our final operation last week and we are confident that we have performed a complete count of the residents in your area as of April 1, 2000. The data compiled from Census 2000 will be available to local governments in the spring of 2001. I would like to describe for you the operations which covered the Snowmass Village area. We started in late March going door to door in our Update/Enumerate operation. This continued for two months and was followed by a follow-up operation from June 7' to June 29". We used local workers and supervisors who were familiar with your area. Each enumerator had to make up to three personal visits to each address in order to find a resident at home. If they still did not find anyone at home, they had to make up to three telephone or other collateral contacts to find the information needed to complete the Census questionnaire. During the initial two month Update/Enumerate operation any enumerator who located an address which was not on their map was instructed to add the address and enumerate it. In fact, we had scores of added housing units which were not in the original listings but which were enumerated under our"Add"procedure. Because of this thorough approach to Census 2000 in areas like yours, we are confident that we have counted all residents of Snowmass Village. We appreciate your assistance provided to us during our operations. If you have any questions,please feel free to contact me. Sincerely, .A Nancy S. e�ill o 2000 Local Census Office Manager 1'3 ^'(G C �"'� TO: Gary Suiter, Town Manager FROM: Rhonda B. Coxon, Planning Secretary THROUGH: Craig Thompson, Community Development Director DATE: July 20, 2000 RE: Silvertree Playground Equipment ........................................................................1 Per Merc Mercatoris I have done some research on replacing the playground equipment at the end of the mall on the Silvertree property by Fanny Hill. I have obtained the CIRSA requirements and ADA compliance information. I have contacted Bob Churchich with Churchich Recreation and gave him our specific needs and he will have some information to me by next week. The specifications given to Bob Churchich are listed below Budget of$30,000 Removable Plot of 27 feet by 30 feet Age group of 5 — 12 year olds ADA Compatible This is all the information I have for you at this time. I will share the information from Churchich Recreation when it arrives. Thank you! SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 07-18-2000 The Work Session began at 12:25 p.m. COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Jack Hatfield, Kevin Costello, Mark Brady, and Douglas Mercatoris COUNCIL MEMBERS ABSENT: All members were present. STAFF PRESENT: Gary Suiter, Town Manager. PUBLIC PRESENT: None. PERSONNEL MATTERS DISCUSSION Gary Suiter made an informal budget request of Town Council regarding conversion of a full- time seasonal worker to full-time year-round status. He explained that the Facility Maintenance position would have an increase of 28% in total hours worked. Annual budget impact is approximately$6,600, including benefits. He further explained that there is the possibility of losing a good employee if we cannot convert this position. Additionally, the current workload justifies going to year-round status. Jack Hatfield expressed concern about the current revenue picture, and the ratcheting growth of government. Council briefly discussed this matter and agreed to the additional budget allocation for this conversion. Council then had a broad discussion concerning the possibility of hiring an additional Planner, the Community Development Director's duties and responsibilities, and the role of the Assistant to the Town Manager. There was also discussion about the "turn around time" of work in the Building and Planning Divisions. Concern was expressed that the process seems slower than in the past. Essentially, two plans were proposed. The first plan would provide for filling the Assistant to the Town Manager position, hiring an additional Planner, assigning appropriate projects and tasks to the Community Development Director, and holding the staff accountable for effective performance. The other plan involved eliminating or postponing the hiring of an Assistant to the Town Manager, using the available funds for the hiring of an additional Planner, assigning projects and tasks that would have been handled by the Assistant to other staff, and evaluating the situation in 6 months. After further discussion, Council decided to postpone the decision on hiring the Assistant to the Town Manager for a few days. The Town Council and Town Manager will meet again, after evaluating the information and comments received today and decide how to proceed with this matter. The Work Session Ended at 1:30 p.m. Submitted by: Gary Suiter, Town Manager f SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES 06-19-2000 Mayor Pro Tern Douglas Mercatoris called the Regular Meeting of the Snowmass Village Town Council to order on Monday, June 19, 2000 at 4:07 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Pro Tern Douglas Mercatoris, Mark Brady, Jack Hatfield COUNCIL MEMBERS ABSENT: Mayor T. Michael Manchester, Kevin Costello STAFF PRESENT: Gary Suiter, Town Manager; Steve Connor, Town Attorney; Craig Thompson, Community Development Director; Chris Conrad, Town Planner; Dean Gordon, Town Engineer; Trudi Worline, Town Clerk PUBLIC PRESENT: Bill Boineau, Don Quast, Shirley Millard, Doug Dotson, Jim Wells, Martin Mata, Jeff Rinehart, Madeleine Osberger, Kathy Hansen, Robert Goldstein, John Lossalotte, John Sarpa, David Myler, Steve Parmelee, John Dresser and other members of the public interested in today's Agenda items. Item No. 2: PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda Items. Item No. 3: DISCUSSION INTERVIEW APPLICANTS FOR ARTS ADVISORY BOARD Council considered the applications submitted by Meggan Bly Humphrey, Lois L. Sando, Judy Clauson, Kathy Hansen, Shirley Millard and Sandy Stay. Millard and Hansen were present at the meeting. The Town Manager explained that the Board is limited to 12 members and there are currently 5 vacancies. He also explained that the Municipal Code does not mandate that Board members be residents of Snowmass Village. The Town Clerk stated that a Resolution appointing members to the Arts Advisory Board will be presented to Council for review and approval at the July 10, 2000 Regular Town Council Meeting. 06-19-00tc Page 2 Item No. 4: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 07, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT AND SECOND READING ACTION ON AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF ARTICLE IV OF CHAPTER 16A OF THE MUNICIPAL CODE. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. (Public Hearing continued from 06-05-00) Mayor Pro Tem Mercatoris opened the Public Hearing at 4:14 p.m. The Town Planner stated that all submittal and public notice requirements had been met according to the Snowmass Village Municipal Code. There were no comments from the public. At 4:15 p.m., upon the recommendation of the Town Planner, Mercatoris stated that this Public Hearing would be continued to the July 10, 2000 Regular Town Council Meeting scheduled to begin at 4:00 p.m. Brady made a motion to approve Second Reading of Ordinance No. 07, Series of 2000, seconded by Mercatoris. Hatfield made a motion to table Second Reading of the Ordinance to the July 10, 2000 Regular Town Council Meeting scheduled to begin at 4:00 p.m. The motion to table was approved by a vote of 3 in favor to 0 opposed. Mayor Manchester and Council Member Costello were absent. Item No. 5: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 13, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT AND SECOND READING ACTION ON AN ORDINANCE AMENDING THE TIMBERLINE CONDOMINIUM MAINTENANCE FACILITY S.P.A. TO PERMIT A 200 SQ. FT. ADDITION TO THE BUILDING LOCATED IN TOWN PARKING LOT 13 FOR EXPANDED WIRELESS SERVICE FACILITIES. (Public Hearing continued from 06-05-00) Mercatoris opened the Public Hearing at 4:16 p.m. The Town Planner stated that all submission and public notification requirements had been met according to the Municipal Code. He also stated that he received an e-mail document from Bob Johnson, General Manager of the Laurelwood Condominiums, which will be entered into the record for this Meeting. Conrad read the e-mail in which Johnson requested that the visual impact of the AT&T Wireless facility be improved for Laurelwood residents by increasing landscaping around the building. Brady made a motion to approve Second Reading of Ordinance No. 13, Series of 2000, seconded by Hatfield. Hatfield stated concerns that the lease between the applicant and the Town for use of Town land had not been reviewed during this application. He also stated concerns regarding the dumpster location, landscaping and irrigation. The Town Planner outlined Conditions of Approval 06-19-00tc Page 3 contained in the Ordinance document. He stated that a correction in the size of the building would be made to the document before finalization and explained proposed landscaping and available utilities. Jeff Rienhart of AT&T Wireless explained the need to expand the facility at this time and outlined future needs for his company. The Town Attorney stated that AT&T Wireless is not subject to a Franchise Fee since they do not use the Town's streets, although they collect Sales Tax, they are subject to the Town's Sales Tax licensing and collection requirements. Council requested that the Town Clerk investigate the need for a Business/Sales Tax License for wireless services. At Council's request, staff will provide Council with a copy of the Town's lease with the Timberline and set Work Session time to meet with all wireless carriers with sites located in Snowmass Village to determine their needs and to discuss comprehensive site planning for wireless technologies. There being no further public comments, Mayor Pro Tem Mercatoris closed the Public Hearing at 5:00 p.m. After further discussion, Hatfield made a motion to amend the Ordinance by including language, which states that the lessee will need to secure the agreement prior to commencement of operation: Brady seconded the motion to amend. The motion to amend was approved by a vote of 3 in favor to 0 opposed. Mayor Manchester and Council Member Costello were absent. A roll-call vote was taken and Second Reading of the Ordinance was approved as amended, by a vote of 3 in favor to 0 opposed. Mayor Manchester and Council Member Costello were absent. Item No. 6: DISCUSSION AND SECOND READING — ORDINANCE NO. 12, SERIES OF 2000 AN ORDINANCE TO ESTABLISH THE SNOWMASS VILLAGE CITIZENS GRANT REVIEW BOARD (CGRB) AND SPECIFYING ITS DUTIES AND POWERS. The Town Manager explained changes to the Ordinance as requested by Council at First Reading. Composition of the Board is now defined as 5 regular members and 2 alternate members. Hatfield made a motion to approve Second Reading of Ordinance No. 12, Series of 2000, seconded by Brady. Hatfield requested that the language within the Ordinance addressing members' attendance be applied to all of the Town's Boards and Commissions. There being no further discussion, a roll-call vote was taken and Second Reading of the Ordinance was approved as amended, by a vote of 3 in favor to 0 opposed. Mayor Manchester and Council Member Costello were absent. // 91 06-19-00tc Page 4 Item No. 7: SECOND READING — ORDINANCE NO. 16, SERIES OF 2000 AN ORDINANCE APPROVING THE TIMBERS AT SNOWMASS FINAL PLANNED UNIT DEVELOPMENT, INCLUDING FINAL PLAT, AND GRANTING A SUBDIVISION EXEMPTION TO PERMIT CONDOMINIUMIZATION, INCLUDING A TIME-SHARE REGIME, OF THE PROJECT. Hatfield made a motion to approve Second Reading of Ordinance No. 16, Series of 2000, seconded by Brady. The Town Planner explained changes to the Ordinance since First Reading and outlined additional necessary changes. The Town Attorney stated that the Conditions address finalization of the Plat and related documents, which are unacceptable at this time. The applicant stated that they had planned to begin construction on August 1, 2000. Council discussed hours of construction, beginning and ending construction dates and insurance. They also discussed a guarantee for completion of the wall construction and determined that the issue would be dealt with in the owner/contractor Performance Bond. After further discussion, Hatfield made a motion to amend the Ordinance as outlined by the Town Planner and the Town Attorney. The motion to amend was approved by a vote of 3 in favor to 0 opposed. After further discussion and direction regarding the bus stop shelter, a roll-call vote was taken and Second Reading of the Ordinance was approved as amended, by a vote of 3 in favor to 0 opposed. Mayor Manchester and Council Member Costello were absent. Hatfield stated his concern that the Ridge Homeowners do not approve the trail plan. Council discussed the trail issue with the Ridge Homeowner's representative and directed staff to work with the Homeowners in an attempt to clarify and resolve the issue. Item No. 8: FIRST READING — ORDINANCE NO. 17. SERIES OF 2000 AN ORDINANCE REZONING PARCEL K, FARAWAY RANCH GROSS PARCEL PLAT, AND CERTAIN PORTIONS OF FARAWAY ROAD AS DESIGNATED WITHIN THE TIMBERS AT SNOWMASS FINAL PLANNED UNIT DEVELOPMENT PLAN, FROM SPA-1, SPECIALLY PLANNED AREA, TO MF, MULTI- FAMILY. The Town Planner explained the contents of the Ordinance and identified a change to the document. Hatfield made a motion to approve First Reading of Ordinance No. 17, Series of 2000, seconded by Brady. There being no further discussion, First Reading was approved as amended, by a vote of 3 in favor to 0 opposed. Mayor Manchester and Council Member Costello were absent. It 9 06-19-00tc Page 5 Item No. 9: RESOLUTION NO. 23, SERIES OF 2000 A RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE SNOWMASS VILLAGE TOWN COUNCIL FOR THE MONTH OF JULY, 2000 The Town Manager explained that this Resolution establishes dates for three Regular Town Council Meetings during the month of July, 2000 to be held on the second, third and fourth Mondays of that month. Hatfield requested that the language be changed addressing the reason for the change of Meeting dates as "conflicting schedules". There being no further comments, Hatfield made a motion to approve the Resolution as amended, by a vote of 3 in favor to 0 opposed. Mayor Manchester and Council Member Costello were absent. Item No. 10: DISCUSSION/ACTION SEVEN STAR RANCH FINAL PUD REQUEST FOR EXTENSION The Town Manager explained that Seven Star Ranch has requested an extension of time to August 21, 2000 for Council review of their Final PUD. Hatfield made a motion to approve the extension, seconded by Brady. The motion was approved by a vote of 3 in favor to 0 opposed. Mayor Manchester and Council Member Costello were absent. Item No. 11: APPROVE REGULAR MEETING MINUTES FOR 05-30-00, 06-05- 00 AND 06-12-00 Mercatoris made a motion to approve the Regular Meeting Minutes as listed above. Hatfield seconded the motion. There being no changes or additions to the Minutes, the motion was approved by a vote of 3 in favor to 0 opposed. Mayor Manchester and Council Member Costello were absent. Item No. 12: DISCUSSION TOWN COUNCIL REPRESENTATIVE FOR GRASSROOTS TV BOARD OF DIRECTORS Mercatoris explained that the GrassRoots Television Manager requested a Council representative be appointed to serve on the GrassRoots Board. After further discussion, Council agreed to table this Item to the July 10, 2000 Regular Town Council Meeting at which time all Council Members will be in attendance. The Town Manager will inform the station Manager that a representative will be selected at the next Council Meeting. /,2 D 06-19-00tc Page 6 Item No. 13: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS Vacant Town Positions The Town Manager stated that he will discuss the matter of hiring to fill the recently vacated Assistant to the Town Manager position at the July 10, 2000 Town Council Meeting. He reported having received several applications from qualified applicants. The Community Development Director reported that he had received several applications from qualified applicants and has begun conducting interviews for the position of Wildlife Official. He also reported that he has scheduled interviews on June 22, 2000 with two candidates who have submitted applications for the Town Planner position. Barrier at Creekside Hatfield requested that staff investigate use of a more efficient barrier around a hole at Creekside pond above the trail. Soccer Goals In response to an inquiry from Brady, the Town Manager stated that the soccer field is now available for organized soccer. Council directed the Town Manager to order goals for the soccer field as soon as possible. Community Park Water Brady requested that a water fountain be installed at the Community Park. The Town Manager explained that water would need to be piped across the Rodeo Lot to the Lift Station. This issue will be scheduled for discussion at a Work Session in the near future. Fireworks Disalav Mercatoris stated that July 4`h Fireworks display is planned to be held on the ski mountain with plans to use Aspen Skiing Company's snowmaking equipment to water the area for fire prevention purposes. Jazz Festival Buses In response to an inquiry from Brady, the Town Manager reported that Bob Harris provided busses for the Jazz Festival, which was reported to have gone well. Benedict Pond Mercatoris requested that the Community Development Director investigate the reason Benedict Pond is empty. 06-19-00tc Page 7 Excise Tax Collected The Town Manager reported that funds derived from the new Excise Tax are approximately$400,000 to date. Entryway Sign The Community Development Director reported that he met with Pitkin County officials to determine a preferred site for the Snowmass Village Entryway sign at the intersection of Highway 82 and Brush Creek Road. He explained that Pitkin County's preferred location is on the South West corner of the intersection on Colorado Department of Transportation (CDOT) right-of-way. The proposed site description has been sent to CDOT for their approval. If approved, he suggested a joint field trip for Council and the Pitkin County Commissioners. Guber Trail Alignment The Town Attorney reported that he attended a site visit to look at the new route for the Guber Trail connection. He explained that since the route proposed previously would have eliminated a number of trees, the group determined a slight variation of the route that will be recommended to Mr. Guber. The Landscape Architect is in the process of developing a new CAD drawing for the adjusted route. Considered as a safety issue, Council requested that this project be expedited and completed as soon as possible. Community Park Shelter The Community Development Director reported that estimates for amenities to be a part of a shelter for Community Park requested previously by Council will be available at the July 10, 2000 Town Council Meeting. He requested approval to order the basic shelter structure agreed upon by Council in order to anticipate delivery on a date which would allow completion of the shelter by Labor Day. Mayor Pro Tern Mercatoris requested a straw vote, which revealed 2 in favor to 1 opposed for staff to proceed with the order. Woodrun Dumoster In response to an inquiry from Mercatoris, the Town Attorney reported that he requested meeting dates from representatives of Woodrun V in order to set a date to discuss possible locations for the Woodrun dumpster shed. He stated that he is waiting for a response from Woodrun representatives. Employee Housing Mitigation Council requested verification of the employee housing mitigation fee for the Timberline. 06-19-00tc Page 8 Item No. 14: CALENDARS This item was not discussed. Item No. 15: ADJOURNMENT There being no further business, Mercatoris made a motion to adjourn the Meeting, seconded by Hatfield. The motion was approved by a vote of 3 in favor to 0 opposed. The Meeting adjourned at 6:16 p.m. Submitted By, Trudi Worline, Town Clerk � z3 SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES 07-10-2000 Mayor Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, July 10, 2000 at 5:55 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Jack Hatfield, Kevin Costello, Mark Brady COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Gary Suiter, Town Manager; Steve Connor, Town Attorney; Hunt Walker, Public Works Director; Craig Thompson, Community Development Director; Chris Conrad, Town Planner; Trudi Worline, Town .Clerk PUBLIC PRESENT: Bill Boineau, Jim Baker, Linda Sandels, Bill Burwell, Dave Bellack, John Dresser, Doug Dotson, Bill Kane, David Myler, Don Schuster, Madeleine Osberger, Jim Heywood, Walter Kieser, Jim Wells, Mike Easterday, Dan Blankenship, Leslie Lamont, Brent Gardner- Smith and other members of the public interested in today's Agenda items. Item No. 2: PUBLIC NON-AGENDA ITEMS Jim Baker, Chairman of the Arts Advisory Board (AAB), reported that the March 15, 2000 Cultural Forum has generated more interest in the functions of the Arts Advisory Board (AAB), resulting in the receipt of several additional applications for seats on the AAB. He requested that Council support the upcoming revised AAB Ordinance by approving an increase in the number of members that make up the Board. Baker stated that he would provide Council with a report on the Cultural Forum in the near future. He explained the reason for requesting additional Board members was that the AAB forms three sub-committees from its Board Members to conduct various research projects and determine the selection and placement of art in Snowmass Village. Item No. 6: RESOLUTION NO. 26, SERIES OF 2000 A RESOLUTION APPOINTING FIVE NEW MEMBERS TO THE TOWN OF SNOWMASS VILLAGE ARTS ADVISORY BOARD Hatfield made a motion to approve Resolution No. 26, Series of 2000 appointing Kathy Hansen, Judy Clauson, Megan Bly Humphrey, Shirley Millard and Lois Sando to the AAB. Staff reported that an Ordinance would be submitted for Council review and IZy 07-1 o-ootc Page 2 approval in the near future. The Ordinance will propose an increase in the allowable number of AAB members. The motion was seconded by Mercatoris and approved by a vote of 5 in favor to 0 opposed. Linda Sandels of the AAB, reported on art selected and recently placed on the Stream Restoration Project along Brush Creek near Woodbridge. She also reported that a piece of art has been donated to the Town and will be placed at Kathy Robinson Park. A dedication of both art objects will be held at both sites on August 19, 2000. Sandals stated that a "Call to Artists" has been advertised and mailed for artists to submit applications for art for placement in Yarrow Park. AAB Meetings will begin during the first week of August, 2000 to review applications. The group will meet three nights per week. She stated that the AAB is cognizant of budget constraints and will strive to return a portion of the budgeted art funds back to the Town after the art selection process for this year is complete. Item No. 3: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 07, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT AND SECOND READING ACTION ON AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF ARTICLE IV OF CHAPTER 16A OF THE MUNICIPAL CODE. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. (Public Hearing continued from 06-19-00 and Second Reading tabled from 06-19-2000) At 6:05 p.m. Mayor Manchester stated that this Public Hearing was continued from the June 19, 2000 Regular Town Council Meeting. He requested comments from the public. Mercatoris made a motion to approve Second Reading of Ordinance No. 07, Series of 2000, seconded by Brady. Mercatoris made a motion to amend the Ordinance to include changes requested during the Council Work Session held prior to this Meeting. Hatfield seconded the motion to amend. The motion to amend was approved by a vote of 5 in favor to 0 opposed. Hatfield stated that he feels development should be prohibited in wildlife sensitive areas and that 65-percent employee housing mitigation is inadequate. There being no comments from the public, Mayor Manchester closed the Public Hearing at 6:10 p.m. A roll-call vote was taken and Second Reading of the Ordinance was approved as amended, by a vote of 4 in favor to 1 opposed. Mayor Manchester, Council Members Brady, Mercatoris and Costello voted in favor. Council Member Hatfield opposed. Item No. 4: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 17, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT AND SECOND READING ACTION ON AN ORDINANCE REZONING PARCEL K, FARAWAY RANCH GROSS PARCEL PLAT, AND CERTAIN PORTIONS OF FARAWAY ROAD AS DESIGNATED WITHIN THE TIMBERS AT SNOWMASS FINAL PLANNED UNIT DEVELOPMENT PLAN, FROM SPA-1, SPECIALLY PLANNED AREA, TO MF, MULTI-FAMILY / 42 M< Page 3 Mayor Manchester opened the Public Hearing at 6:11 p.m. The Town Planner stated that First Reading of this Ordinance was approved as amended, at the June 19, 2000 Regular Town Council Meeting. He explained changes made to the Ordinance as requested by Council on June 19. He further explained that Exhibit "A" to the Ordinance is incorrect and will be replaced with the correct document. Mercatoris made a motion to approve Second Reading of Ordinance No. 17, Series of 2000, seconded by Hatfield. Hatfield made a motion to further amend the Ordinance to replace the incorrect pages 2 and 3 of Exhibit "A" with the correct information. Costello seconded the motion to amend. The motion to amend was approved by a vote of 5 in favor to 0 opposed. There being no comments from the public, Mayor Manchester closed the Public Hearing at 6:15 p.m. A roll-call vote was taken and Second Reading of the Ordinance was approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 5: RECONSIDERATION — ORDINANCE NO. 12, SERIES OF 1999 AN ORDINANCE AMENDING ORDINANCE NO. 6, SERIES OF 1994, THE EAST VILLAGE PLANNED UNIT DEVELOPMENT LAND USE PLAN MAP AND SUBDIVISION PLAT, AS APPROVED, AND TO REZONE A 3.201 ACRE PORTION OF PARCEL F, LOT 3, EAST VILLAGE PLANNED UNIT DEVELOPMENT FROM OS-OPEN SPACE TO PUB-PUBLIC IN ORDER TO PERMIT THE SNOWMASS NATURE CENTER EDUCATIONAL FACILITY. Mercatoris made a motion to reconsider Second Reading of Ordinance No. 12, Series of 1999. Hatfield seconded the motion. The Town Attorney explained that this Ordinance was approved by Council on November 15, 1999 to accommodate an application for development for construction of a Nature Center in East Village. Shortly after the rezoning was approved, construction of the Nature Center at this location was denied by Council. Reconsideration of this Ordinance will allow Council to determine whether to rezone the 3.201-acre portion of Parcel F, Lot 3 in East Village back to OS- Open Space zoning designation. Jim Wells, representing the Nature Center, requested that the land designation remain as PUB-Public in case the Nature Center group is unable to find another site to construct the facility. Mercatoris stated that if it becomes necessary in the future, with a Council simple-majority vote the parcel could be rezoned once again to the PUB zoning designation. After further discussion, the motion to approve Second Reading was denied by a vote of 1 in favor to 4 opposed. Mark Brady voted in favor. Mayor Manchester, Council Members Mercatoris, Costello and Hatfield opposed. Item No. 8: PUBLIC HEARING — RTA INTERGOVERNMENTAL AGREEMENT DISCUSSION — (NOTICED FOR 6:OOPM) A PUBLIC HEARING TO PROVIDE PUBLIC INFORMATION AND RECEIVE PUBLIC COMMENT REGARDING AN INTERGOVERNMENTAL PROPOSAL TO FORM AND FUND A REGIONAL TRANSPORTATION AUTHORITY (RTA) I24 07-10-00tc Page 4 Mayor Manchester opened the Public Hearing at 6:22 p.m. Walter Kieser, consultant employed to assist with development of an Intergovernmental Agreement (IGA) for the purpose of forming a Rural Transportation Authority (RTA), provided Council with current copies of the draft IGA. Alice Hubbard of the RTA and Dan Blankenship of the Roaring Fork Transportation Authority (RFTA) were also present at the Meeting. Manchester explained that this Public Hearing is the first in a series of three required to be held by each entity involved in the IGA, in accordance with Title 43 of the Colorado Revised Statutes (CRS). He explained that the reason for this Public Hearing is to receive public comment on the draft IGA, which is intended to create the Roaring Fork Transportation Authority as a Rural Transportation Authority pursuant to the Colorado Rural Transportation Authority Law, Title 43, Article 4, Part 6 of the CRS, as amended. The IGA involves eight governmental agencies located throughout the Roaring Fork Valley. Kieser explained the purpose of the RTA, the history, funding and the IGA. He stated that after all Public Hearings have been conducted and the IGA finalized, ballot language will be developed for the November 7, 2000 election ballot. He further explained that RFTA is faced with service cuts and fare increases in order to continue operating. Kieser stated that local officials and interested citizens throughout the Roaring Fork Valley have been working together on this project for two years and the Valley has the opportunity to be the first in the State to utilize this Statute. The CRS require jurisdictions involved in the formation of an RTA, to develop an IGA or constitution of authority and to hold 3 Public Hearings before the issue is placed on the ballot to request formation and funding. The RTA would be the policy-making authority, which is now divided among RFTA and RFRHA and would be the single policy-making authority over all regional transportation throughout the Valley. The RTA Board would be made up of representatives from each entity involved in the IGA and a Citizens Advisory Committee, with approvals requiring a super-majority vote. One of the foremost functions of the RTA would be to provide and sustain regional mass transit service throughout the Valley without increasing fares or making service cuts and possible provision for contract to local services. Dan Blankenship explained that the IGA would ensure year-round 30-minute bus service from Glenwood Springs to Aspen and Snowmass Village, as well as limited service to Rifle. Kieser explained that without RTA funding, development of a regional trail or any type of future Valley-wide mass transit service would be impossible. Kieser outlined the proposed budget for the RTA, funding sources, employee benefits, reorganization of Roaring Fork Railroad Holding Authority (RFRHA) and benefits. Comments from the public throughout the Valley will be taken into consideration by the Policy Committee and the IGA will be redrafted and brought back to the individual jurisdictions for ratification. He explained that certification of the ballot language to the County Clerks is due no later than September 13, 2000 for placement on the November 7, 2000 Election ballot. Jim Heywood stated a concern that during the transition period, the RTA is proposed to have funding responsibility without operational authority. Kieser explained that this would create a funding base to address the requirements of the X27 07-10-OOtc Page 5 Tabor Amendment. Dan Blankenship explained the requirements of the Tabor Amendment as they relate to formation of the RTA. Jack Hatfield asked how the management of RFRHA relates to the Elected Officials Transportation Committee (EOTC) during the transition. Kieser explained that there would be no further funding relationship between the EOTC and RFRHA once the RTA is formed. All funding for RFRHA functions will be approved by and derived from appropriation of RTA funds. The RTA becomes the policy-making entity for transportation decisions throughout the entire Valley including the railroad corridor. Bill Burwell stated his opposition to a "bed tax", funding sources proposed for the RTA, a statement he felt was made by Kieser that congestion is caused by the resorts and that a Resolution approved earlier by Council stating support for the RTA was not made public. He said that traffic congestion needs to be redefined after Highway 82 construction is complete. Burwell informed Council that he felt congestion is due to traffic related to construction of second-homes and subsequent service staff, whose owners would not contribute to local sales tax. Kieser clarified his earlier statements explaining that congestion is not the fault of the resorts and further explained that professional analysis predicts that traffic congestion will continue after Highway 82 improvements are completed. Kieser informed Burwell that there is no sales tax increase proposed for Snowmass Village and Pitkin County to fund the RTA, only reappropriation of existing funds. Jim Heywood requested clarification of proposed funding sources from Snowmass Village as well as the other entities involved in the RTA and suggested a scenario for a more equitable funding mechanism. Kieser explained the proposed funding sources and reasons for eliminating certain scenarios. Mike Easterday stated his opposition to moving forward with this proposal before Highway 82 construction has been completed. He voiced a concern that the RTA could eventually support a Valley rail system when the voters have indicated that they are not in favor of the railroad during three recent elections. Kieser explained that the RTA proposal is not driven by rail proponents. Dan Blankenship explained that a railroad cannot be instituted without the approval of the voters. Bill Burwell stated that he feels it is pointless to try to improve the transportation issue until after completion of Highway 82 improvements and re-evaluation of traffic congestion, and requested an expanded investigation of funding sources other than sales tax. Mercatoris explained that he is not a rail advocate and stressed the importance of providing a means to sustain Valley-wide transit services. Hatfield stated that he is a proponent of solutions for the transit problem, requested that the public provide solutions to sustaining transit services in relation to current and future growth of the Valley, stated his feeling of public comments made at this meeting, reiterated that the proposal does not include a sales tax increase for Snowmass Village and Pitkin County and that the RTA is not related to the train at this time. Costello explained that he is not a proponent of the rail issue. He stated the importance of the IGA and RTA as a common agreement among all policy makers throughout the Valley, coming together in an attempt to provide a means to sustain and expand the current mass transportation �� V 07-1 0-00tc Page 6 system. Manchester stated that it has been recognized that rail is a consideration of the future, although the RTA proposal is not about rail at this time. He explained that the proponents of the RTA are committed to understanding and building a first-class mass transit, regional-wide bus transportation system. Kieser encouraged all to read the IGA and suggest improvements. Additional Public Hearings will be scheduled in August. Mercatoris requested more extensive advertising for the upcoming Public Hearings on this issue. Easterday stated that politicians should recognize and honor the vote of the people regarding transportation issues in order to gain public support. There being no further comments from the public, Mayor Manchester closed the Public Hearing at 8:15 p.m. NOTE: AT THIS TIME THE TOWN ATTORNEY REQUESTED THAT COUNCIL RETURN TO ITEM NO. 5 ON THE AGENDA: RECONSIDERATION - SECOND READING OF ORDINANCE NO. 12, SERIES OF 1999 The Town Attorney explained that when hearing Item No. 5 on the Agenda for this Meeting, Council had made a motion and a second to reconsider and proceeded to vote on Second Reading of the Ordinance. He requested that Council repeat the process. Mercatoris then made a motion to reconsider Ordinance No. 12, Series of 1999. Hatfield seconded the motion. The motion to reconsider the Ordinance was approved by a vote of 5 in favor to 0 opposed. A roll-call vote was taken and Second Reading of Ordinance No. 12 failed by a vote of 1 in favor to 4 opposed. Council Member Brady voted in favor. Mayor Manchester and Council Members Mercatoris, Hatfield and Costello opposed. Item No. 7: MANAGER'S REPORT Woodrun Dumoster Shed Suiter reported that Hunt Walker met with representatives from Woodrun and discussed a potential site for an alternate dumpster location below Village Run Circle. Vacant Town Positions In response to information provided by the Town Manager, Council directed staff to proceed with filling the vacancy of Wildlife Official. Council discussed the Assistant to the Town Manager position, additional help and/or redistribution of workload to address outstanding projects and future planning for the Town. Council requested a Work Session be scheduled for noon on July 18, 2000 at a location to be determined, in order to further discuss the vacant position of Assistant to the Town Manager. Joint Meetings A Joint Meeting of Council and the Planning Commission will be held to discuss Faraway Ranch North, Snowmass Center Expansion at 4:00 p.m. on Wednesday, July 26, 2000. Mercatoris requested that future Joint Meetings be held on Mondays. lZ 9 07-10-00tc Page 7 Council Retreat A Council Retreat was tentatively set for August 17, 2000. Time and place will be announced. Financial Advisor Council agreed to retain Russ Caldwell as the Town's Financial Advisor. Brush Creek Road/Highway 82 Sign Council directed staff to continue in their effort with Pitkin County to determine a location for a Town entryway sign at the intersection of Highway 82 and Brush Creek Road. Mercatoris stated that the median is to be landscaped whether the sign is located on the median or on either side of Brush Creek Road. Item No. 09: APPROVAL OF WORK SESSION SUMMARIES FOR 05-30-00, 06-05-00 AND 06-08-00 Mercatoris made a motion to approve the Work Session Summaries as listed above. Costello seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 10: DISCUSSION COUNCIL REPRESENTATIVE FOR GRASSROOTS TV BOARD OF DIRECTORS (Tabled from 06-19-00) Council Member Costello agreed to act as Council representative to the GrassRoots Television Board of Directors. Item No. 11: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/STATUS REPORT Zip Line Support In response to a request from Mercatoris, Council agreed and directed staff to draft a letter for the Mayor's signature encouraging the Forest Service to allow the Aspen Skiing Company to construct a Zip Line for a summer recreation amenity on the Mountain. Impact Fee Mercatoris requested that staff work toward development of a Use Tax for fractional ownership usage. He also directed staff to investigate an impact fee or tax on homes evaluated over$1 M to mitigate employee housing impacts. Snowmass Creek Petition The Town Attorney stated that he received a Petition from the Snowmass Creek Caucus, Aspen Wilderness Workshop, Sierra Club, High Country Citizens' Alliance, and other agencies to the Snowmass Water and Sanitation District, requesting that the Corp of Engineers re-open the Water and Sanitation District's Snowmass Creek pipeline to condition it as subject to the minimum stream flow restrictions. He explained that this � 3Q 07-10-00tc Page 8 would affect the water supply for the Town when Snowmass Creek water is depleted. He will provide a written report to Council in the near future. Item No. 12: CALENDARS This Item was included in Item No. 7 and Item No. 11 on the Agenda. Item No. 13: ADJOURNMENT There being no further business, Brady made a motion to adjourn the Meeting, seconded by Hatfield. The motion was approved by a vote of 5 in favor to 0 opposed. The Meeting adjourned at 9:03 p.m. Submitted By, Trudi Worline, Town Clerk 1431 Thank you for o ur work over the last two and a haff years and eoodbve —Leslie Please Turn in Your Status Report Status Report Updates to Gary Suiter by Bullets in Italics have been previously listed August 2, 2000 at 5 P.M. State of the Town July 24, 2000 Town Council/ Town Manager Mall Transit Plaza ■° Walter Kieser collecting data from staff to run cash Gary Suiter, Town Manager flow model. ■!` MKC proceeding w/redesign&cost estimates of parking structures. Next meeting August 7a'. ■ Staff researching market value of parking space leases. Very little info available. Entryway Planning Project ■ Contacting Horse Ranch HOA for next meeting. Gary Suiter, Town Manager Town Manager's Office Activities ■ Planning Council retreat for August 17`h @ Gary Suiter Snowmass Club. ■ Proceeding w/Rodeo appraisal. ■ ' Completing outstanding employees' reviews. ■ Interviewing candidates for Assistant position. Town Attorne Town Attorney General Activities ■ Developing ballot question for excise tax on time- Steve Connor, Town Attorney share units. • Finishing Guber trail license. • Finishing revisions to the Snowmass Club 1. • Finishing Timbers project documents. • Assisting on Droste reclamation project. • Assisting with Parcel N project documents. 1 Public Works AvetWivity/Staff Manager Status rus tee tans orn or ■ oger A t arts eve opmg ma repo n. Hunt Walker Owl Creek Road Closure ■ Pitkin County will be closing Owl Creek Road from Hunt Walker mid-August to mid-October for realignment and paving on the eastern end of the road. Road Fund ■ Bid awarded to Elam Construction. Work will begin Hunt Walker mid-Augusta Wood Run Dumpster ■ Met with Woodrun 5 about alternative site. After Hunt Walker making a good faith effort to look at the site, they determined that it was unacceptable. Will take to Council on 8/7/2000 to determine next steps. Housing • tvt es,Manager ousi7 epa men c ■ ere are no unfits current y or sa e. Joe Coffey ■' The Housing Departmenbis advertising for a- Building Maintenance Mechanic 1 employee. ■ The Creekside painting is progressing and the painters are starting on the fifth rental building. ■ ;Plans are complete and bids will be solicited for the Mountain View retaining wall repair. Parcel N. Employee Housing ■ Parcel N team met w/Planning Commission July 19. Joe Coffey ■ Will meet again with PC on August 2. ■ Weekly construction meetings are held on Thursdays at 1:30 at the Housing Office. X33 2 Finance fin ance an ersonne c tvt yes ■ osrng une tnancta statements. Marianne Rakowski ■ Advertising for I position. ■ Hired Brandi Van Dyke as finance technician. ■ -:Working on financing options for Parcel V. ■ Began 2001 budget process. Web Page Enhancement ■ The online forms(bike registration, etc.) are Nick Tucker finished. ■ Part of the wildlife information page is up. ■ Biking and hiking trails are almost completed. Town Clerk •own er s tce c tw es:Manager< ■'Status or ng w ` o revae or :Hance. Trudi Worline ■ Cross checking all 1999 documents with computer files and council packets. ■q. Revising central file system ■, Several special event permits,transfers of ownership, new license, license changes (liquor). ■* Updating RET T files. ■+Drafting "Cgll to Artists"for new public art. ■: Compiling grant information for Grants Board meetings. Police Activity/Staff o ice epar men ctry yes ■':; roo s as op as resign m erposrtion as Art Smythe,Police Chief Municipal Court-Clerk to take an administrative job with the Basalt Police Department. ■ Laurie Smith is moving from Animal Control to the Court Clerk position. She will continue to stay involved in wildlife education programs. • Provided management support for the Arts and Crafts Fair and security services for free concert series. • Assisted CDOT with Portable truck weigh station at village entrance on July 12. 3 /�/ Community Development Department Aet�ivffytStaff Manager Status ommum eve opmen rrector ■ AMmnuMtrw s committee meeting on Activities ■ BOCC tabled sign code amendment on 7/12. Craig Thompson ■ Presented slide show on Brush Creek restoration project to non-point source task force on 7/18. Environmental and Wildlife Activities Activity/S—tarYN—lanager Status rus Fee e u e ■ ontract comp ete . rq/ect t me ine june to T.B.A. June 2002. Snowmass Nature Center SNC Board meeting mid-June to begin searching 7 T.B.A. analyzing other sites. Community Enhancement Projects Activity/Staff Manager Status rt or n erpre rve gnage or ■ ma esign Tias Men accep or t e ma y rai ., Brush Creek ■: Installation will occur in 6 weeks. Bernadette Barthelenghi Brush Creek ■ Corp of Engineers has issued a permit to the Town. Bernadette Barthelenghi ■ Pre-construction meeting will be held 7/5 to discuss start date. ■ Town Attorney drafting easement. ■ Pre-Construction meeting held on July 19. ■ Drop structure construction will begin August 23`d or 28`h. ■ Field build w/remaining funds. Still to be done: surveying, budget review, contract signing, stockpile location, brush clearing. Picnic Shelter ■ Gazebo w/cedar shake roofing has been ordered. Bernadette Barthelenghi ■ Staff has requested revised estimates for amenities. ■ Blueprints should arrive end of July. ■ Option for additional items has been requested. 4 Plans & Policy Development or a e ousmg ►gahon ■ ice ousmg mithgarion presente u y . Joe Coffey Brush Creek/Benedict Trail ■ Began field survey June 30. • Waiting for survey data. Environmental Foundation Grant ■ Grant denied. Bernadette Barthelenghi Greenway Master Plan ■ Draft has been submitted to Town. Bernadette Barthelenghi ■ Input from Council expected at 7117 workshop. ■ Staff is conducting a public meeting 7/20/2000. ■ Staff will review w/Planning Commission in Aug. Land Use Code Amendments ■ Article V work session August 7. Chris Conrad Trails Planning ■ Sign program to be installed this summer/fall. Bernadette Barthelenghi ■ New ditch trail construction will happen July 20,21. Guber/Owl Creek Trail:Attorney&L.A. met w/Peter tuber's people. 2nd proposal was rejected and we are waiting for approval on the 3rd option. ■ Trail Committee will meet July 20`h @ 2:30. Watershed Management Plan ■ Data will be compiled and presented to Town Staff Bernadette Barthelenghi over the next few weeks by engineering firm. ■ Engineering firm mapping watershed data. 5 /U? Major Development Review Update -Project / Nivioager Update arce re tmmary ■ aruung omrmss�on eview u y Chris Conrad Seven *. Ranch ■ Extension granted to August 2151. Gary Suiter/Steve Connor Snowmass Center Expansion Sketch ■ Joint TC/PC meeting July 26. Plan Chris Conrad Snowmass Club Phase II Sketch ■ Original application withdrawn June 12. Plan ■ Amended sketch plan submitted June 26. Chris Conrad ■ No hearing dates scheduled yet. The Timbers at Snowmass ■ Rezoning Ordinance 2nd reading July 10. Chris Conrad ■ Construction anticipated to commence August. Minor Development Review Update , , men men ■; ens ace m mg an sur ace, i a Jacent o oo Qf Chris Conrad ski trail. ■, Planning Commission July 1901. ■ TC first reading July 24. Tamarack Minor Minor addition to create new office space and improve pool Chris Conrad locker rooms. Scheduled for July 26 PC meeting. Administration Modification, SUP, TUP, Variance Troject / Manager Update m�mstra the ■ nowmass ater tat amwrr istrict mp oyee oustng,:, Modifications Governmental SPA. ■ Lot 15, Two Creeks. ■` Lot 19, Country Club Homes 1. Special Review ■ Public Works Operation Facility Expansion. Variances ■ Lot 61,Horse Ranch reconsideration PC 7/19. ■ Lot 24, Pines,PC 8/16. 6 137 Enforcement Update Project anager 1) ate on ro u mg omp Dance; ■: u tc eanng Dave Ellis Brush Creek Offices ■ Draft an agreement to resolve the land use disputes Chris Conrad between Brush Creek Offices and Woodbridge Homeowners. Pending Update He ■ ppro-M une Maintenance Building ■ Amended lease required, Town-owned land. Chris Conrad ■ Building permit application submitted. ■ May be authorized for "at risk"permit. Netbeam Wireless ■ Discussions regarding placing antennae atop Chris Conrad Snowmass Center for wireless phone and internet connections. ■ Need diagram showing location. ■ Process as minor SPA amendment. Snowmass Real Estate Expansion ■ No application received at this time. Chris Conrad ■ Applicant preparing to submit interim SPA administrative modification application. Snowmass Water&Sanitation: ■ r Possible re-zoning of all Water&Sanitation Chris Conrad< parcels to PUB Public along w/possible employee housingproject. ■ Complete application received.Will be processed as an administrative modification: Timberline Meeting Room & Pool ■ Below grade facility adjacent to pool. Facilities Building ■ Approved May 30. Chris Conrad ■ Under construction. Project Update Coordination-Gary Suiter 923-3777"t. 106 Public Works-Hunt Walker 923-5110 Housing-Joe Coffey 923-2360 Community Development—Thompson/Conrad/Barthelenghi/Ellis/Stahman/Gaunt/Coxon 923-5524 Town Clerk -Trudi Worline 923-3777 Finance- Marianne Rakowski 923-3796 Police Chief-Art Smythe 923-5330 �3 8' Sunday Monday Tuesday Wednesday I Thursday Friday Saturday 1 July 2` 000 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TC WS- 2:00 PM TC MTG- 4:00 PM 16 17 18 19 20 21 22 TC WS- -EOTC MTG. 2:00 PM 4:00 in Aspen 23 24 25 26 27 28 29 TC WS- 2:00 PM JOINT TGPC MTG- TC MTG- 4:00 PM— 4:00 PM FARAWAY NO. 30 31 /3 � Sunday Monday Tuesday Wednesday I Thursday Friday Saturday Au* gu t 2000 1 2 3 4 5 6 7 8 9 10 11 12 TC W S- EOTC- 2:00 PM 4:00 PM @ TOSV TC MTG- 4:00 PM 13 14 15 16 17 18 19 TC WS- TC RETREAT 2:00 PM 9:00 AM- SNOWMASS CLUB 20 21 22 23 24 25 26 TC WS- CAST MTG- 2:00 PM 9:00 AM GRAND LAKE TC MTG- 4:00 PM CAST DINNER 6:00 PM 27 28 29 30 31 �icy /�/0 w-s � Revisions regarding reapplying a denied application: April 20,2000 Sec. 16A-1-30. Applicability. (a) General Applicability. This Land Use and Development Code shall apply to all units and agencies of the federal, state,county and municipal government, and to special districts, to the extent permitted by state and federal law. (b) Compliance Required. No building, structure or land shall be used or occupied and no development shall be undertaken, including any amendments to previously approved development, within the limits of the Town, as now and hereafter established, unless it complies with the provisions of this Land Use and Development Code,and other applicable laws and regulations. (c) Exceptions. (1) Existing structures and uses. Structures and uses existing on the effective date of this Land Use and Development Code (September 2, 1998) that do not comply with any of its applicable provisions shall be permitted to continue, subject to the provisions of Section 16A-3- 220,Nonconformities. (2) Building permit applications. Any building permit application submitted prior to the effective date of this Land Use and Development Code (September 2, 1998) may be processed according to the provisions of the Municipal Code in effect at the time the application was submitted, so long as the building permit remains valid, pursuant to Chapter 18 of the Municipal Code. (3) Developments having vested rights. Any development that shall have established vested rights,pursuant to Section 16-29,Vested Property Rights,of the Municipal Code in effect prior to the effective date of this Land Use and Development Code(September 2, 1998), shall remain so vested for the period for which the vested rights were established. (4) Voluntary compliance. Notwithstanding the provisions of this Section, any applicant may request to have a development application or a building permit application reviewed pursuant to the procedures and standards of this Land Use and Development Code. (Ord. 4-1998 §1) (d) Denied Applications Any application made for any action under Chapter 16A which is denied by the \ deciding board may not reapply with the same proposal for a period of one year from the date of the final denial of the apmlication. 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