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08-14-00 Town Council Packet b^4 W9 k ?he r e or SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION 08-14-2000 12:00 NOON JOINT WORK SESSION WITH PITKIN COUNTY COMMISSIONERS - AFFORDABLE HOUSING DISCUSSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .No Packet Information 2:00 —4:00 P.M. DISCUSSION - ARTICLE V, SNOWMASS VILLAGE LAND USE CODE (Information under separate cover) -- Chris Conrad.. . . . . . . . . . . . . . . . . .No Packet Information 4:00—4:20 RECLAMATION OF PARCEL F, LOT 3, EAST VILLAGE P.U.D. -- Kevin Costello. . . . . . . . . . . . . . . . . .No Packet Information 4:20 —4:45 UPDATE FROM JIM NISWENDER, GENERAL MANAGER OF AT&T CABLE. . . . . . . . . . . . . . . . .No Packet Information 4:45— 5:15 TWO-CREEKS FREE PARKING -- Hunt Walker/Dave Peckler . . . . . . . . . . . . . . . . . . . .Page 1 5:15 — 5:30 BREAK SNOWMASS VILLAGE TOWN COUNCIL SPECIAL MEETING 08-14-2000 CALL TO ORDER AT 5:30 P.M. Item No. 1: ROLL CALL Item No. 3: PUBLIC HEARING AND DISCUSSION - RESOLUTION NO. 25, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT AND COUNCIL ACTION ON A RESOLUTION CONCERNING THE PARCEL "N" AFFORDABLE HOUSING PRELIMINARY PLAN SUBMISSION, INCLUDING SUBDIVISION PLAT AND REZONING FROM SPA-1 TO MF MULTI-FAMILY -- Chris Conrad . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8 08-14-00tc Page 2 Item No. 4: DISCUSSION Conference Center Sketch Prioritization -- Chris Conrad. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 39 Item No. 5: 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. COUNCIL COMMUNIQUE MEETING DATE : August 14, 2000 BY: David Peckler THROUGH: Hunt Walker SUBJECT: Review Proposal of Free Parking at Two Creeks Portal for Winter 2000/2001 . OVERVIEW: During the Council discussion of the winter 2000/01 parking program, the Aspen Skiing Company (ASC) expressed their wishes to make parking free at the Two Creeks portal . Council asked staff and the ASC to return with more information. The ASC feels that the portal is under-utilized, and would better serve everyone' s interests if free parking were allowed there . Free parking at the lot would make it equal access to everyone, meaning that Free Day Skier Shuttle service would not be required to the portal . The Forest Service is not concerned about the discontinuation of bus service to the Two Creeks portal at this time: see Forest Service letter, attachment #1 . Cutting bus service to the portal would save RFTA from hiring additional employees (5 drivers) and a number of buses (3 buses) in their capital reserves. RFTA service to the area has not been cost effective, averaging 267 passengers a day or 7-8 passengers per trip: see RFTA letter, attachment #2 and #3 . More of RFTA' resources could be directed to service the Mall area. The Village Shuttle would save costs by cutting service between the Rodeo lot and Two Creeks . The community should benefit from a reduction in traffic in the core area, because parking traffic would be diverted to a lot at the Town' s boundary: see ASC memo attachment #9 . FINANCIAL SUMMARY: None, Day Skier parking revenues are collected by the ASC. BOARD OR COMMISSION RECOMMENDATION: NA I / STAFF RECOIMNDATION: Staff believes that there are merits to the proposal, and that an experiment this year would be beneficial . We do agree with both letters (Forest Service and RFTA) that the proposal should be reviewed on an annual basis, because of the number of circumstances that can affect the proposal . It may be necessary to institute a parking program similar to that at Highlands; charge for parking only during the peak times. We would need to know that RFTA could provide service under such a program. Staff has discussed with ASC the need to improve management of the parking lots so that during peak times parking will not spill over onto roads : see ASC memo, attachment #5. I could see some merit in making one or two bus runs to the portal in the morning and the afternoon for the benefit to those who would use the service. Implementation of some limited service would only be justifiable if it were productive and not problematic. 2- SDVT 6Y: 7-26- 0 ; 2:06PM SNOriMASSSKIAREA- 9235986:# 2/ 4 + Untied States Forest White River Aspen Ranger District Department of Service National 806 West Helium Forest Aspen CO 81611 Agriculture (970)925.3445 TTY(970)945-3255 FAX(970)925.5277 File Code: 2720/Snowmass Date: July 19,2000 Doug Mackenzie Aspen Skiing Company P.O. Box 1248 Aspen, CO 81612 Dear Doug: Jim Stark has shared your letter dated July 18,2000 with me that requests Forest Scrvice input on your proposed changes to the Two Creeks portal. In breifly reviewing the 1994 Record of Decision(ROD)for the Snowmass Ski Area, and discussing the issue with Jim, I believe that suspending the RFTA service to the Two Creeks base area is an acceptable action at this point in time. As you know, the Forest Service asumes no authority for any actions taken on land under the jurisdiction of other governmental bodies, and as such,we can only give you our thoughts on your proposal. The intended use of the Two Creeks base area was multi-faceted, however, the ultimate goal was to insure that the area was utilized to it's fullest extent to minimize impacts on the main access portal at Fanny Hill and the Snowmass Mall area, Suggestions in the ROD to upgrade the Owl Creek Road to collector standards and utilize it as a dedicated HOV/bus route have to date not occurred, which may be one reason that the success of the RFTA bus service to the Two Creeks Portal has been less than desirable. As more of the Highway 82 improvements come to fruition, such as the Brush Creek and Buttermilk intercept lots,it may be prudent to re-evaluate your current decision on a year to year basis, and possible re-institute the Two Creeks bus system if and when conditions seem like they might be conducive to making the mass transit system a success. Thankyou for your solicitation of our thoughts! Sincerely, URCH D' trio Ranger Caring for the Land and Serving People P".d m PACYOW Pepe, 3 # I SOYT BY _ _ _ ,_ 8- 9- 0 :12:06pm SNOWMASSSKIARF 1- 9231986:# 2/ 3 M. 3- snt WINO OVA An6MOY P arr COLORADO July 26, 2400 eo Mr. Doug Mackenzie !r " General Manger Snowiness Ski Area r(� post Office Box 1248 Aspen,CO 81x12 Dear Doug: As you know, due to a WMuster ski season and other economic factors,the decision was made not to operate the Two Greeks skier ahuttie service this past ski season. To ensure that RFTA did not experience any undue economic. hardship as a result of this decision, Aspen Skiing Company(ASC) agreed to compensate RFTA for the full cost of equipment that would have been used in that service over the course of the ski season, plus two-thirds of the fixed-costs that would have been attributable to this service. The total compensation provided to RFTA for Two Creeks' services that were not operated amounted to approximately$53,000. Total estimated costs for the Two Creeks service, had they been operated, would have been approximately$182,000. In essanoe,ASC provided RFTA with approximately 113 of the estimated contract amount for Two Creeks' service even though it was not operated, This was very fair on the part of ASC. As for the future, i believe that the economic Impact on RFTA of the permanent discontinuation of Two Creeks' services would be relatively minor. The three buses designated for Two Creeks are currently due for replacement RFTA will simply not replace these vehicles, so ASC's capital contribution for these vehicles will not be needed. Although there vAl be a slight reduction In ASC revenue available to defray RFTA fixed" costs, this will be offset to some extent by reducing RFTA'&driver requirements by approximately 5 drivers. Reducing the number of drivers required will reduce RFTA recruitment and training costs and overtime expenditures, 3'.Service Centr Drive Asrl�..Cape 915:1•Teb"C•9:0,190 Fax;970-M-2664 SETT BY: 7-20- 0 t 2:07PM SNOWMASSSKIAREA- 923690E;# 4/ 4 • In 1999, Two Creeks' service operated 96 days and transported a total of 20,636 passengers, or 267 passengers per day. Two Creeks was served by approximately 40 one-way bus trips per day so the average number of passengers per trip was approximately 7. As you know,the buess used In this service have a 40-passenger capacity, so you can see that the utilization of this service was less than optimal. Therefore, I can certainly understand ASC's desire to disoontinue what amounts to a faUty inefficient service, However, should demand for skier shuttle transit services between Aspen and Snowmass Village Increase In the future, ABC may went to consider implementation of these services once again at that time. I hope this Information is helpful. please let me know if you have questions. Sincerely, Dan I3lankenshi General Manager 2 SETT BY: 8- 7- O 7:55AM SNOWMASSSKIAREA- 9235986:# 3/ 3 Aspen Skiing Company Memo Ta Hurd Walker From: Doug Mackenzie cc: Det« 08/04/00 R4N Two Creeks Parking and Transportation Hunt, Here are some thoughts on the proposal. I hope we can be successful in continuing this program for the UP coming season.I am willing to go forward on a trial basis.In speaking with Dan Blankenship, we could reinstate service with about 10 days notice. With last season's late opening and low skier numbers, RFTA service to Two Creeks was suspended. Along with the suspension, free parking at Two Creeks was initiated. Based on our observations we requeet to continue this program for the 2000.2001 season. For three seasons we provided RFTA service to Two Creeks. Often during busy aftemoons,we would have 20-minute lines at the mall.During this same period buses would be leaving Two Creeks for Aspen with 7 or 8 people. The demand for Two Creeks shuttle service does not warrant the 40+ trips a day these buses were making between Aspen and Two Creeks. Suspension of Two Creeks service will take 30 to 40 bus trips off of Highway 82 daily, resulting in RFTA hiring 5 less drivers and purchasing 3 less buses.Additionally,this will result In saving up to 10,000 gallons of fuel per season. Coupled with free parking at Two Creeks,TOSV was able to discontinue shuttle service between Two Creeks and the Rodeo Lot. The free parking was a bonus to residents and down valley skiers. I can not help but think that vehicle traffic going by the Center has been reduced,while at the same time RFTA is delivering more day skiers to the mall. I hope you will support this recommendation. Thank you, oug cka zie General Manager,Snowmass Ski Area •Page 1 W SUa BY: 8- 7- 0 : 7:55A_M : SNOWMASSSKIAREA- 0235986:# 2/ 3 Aspen Company Memo Ta Hunt Walker prom: Doug Mackenzie CC: Dave Pec ler,Art Smyth,Zach Harris,and Susan Cross in 08/04/00 Re: Two Creeks Parking As per our last meeting,Ski Co has agreed to: Station an attendant at Two Creeks until 1:30 p.m.daily Install No Parking"signs along the interior roadways Have several°Two Creeks Lot Fulr signs which can be placed at strategic locations when needed. Improve our training program for Parking Attendants and try for more permanent staff. Research a permit system for Aspen Valley Ski Club. I have also attached a fact sheet on our thoughts on the suspension of RFTA service and Two Creeks free parking. Thank-You, Doug e General Manager Snowmass Sid Area •Page 1 dN� 17 -it �s SNOWMASS VILLAGE TOWN COUNCIL PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. WHEN: August 14, 2000 WHERE: Snowmass Village Town Council Chambers 2nd Floor, Snowmass Center 0016 Kearns Road, Snowmass Village WHY: To receive public comment regarding Town Council Resolution No. 25, Series of 2000, a resolution concerning the Parcel "N" Affordable Housing Preliminary Plan submission, including subdivision plat and rezoning from SPA-1 to MF Multi-Family. LOCATION: Parcel N, Faraway Ranch Gross Parcel Plat, as recorded March 18, 1985 in Plat Book 17 at Pages 5-6 in the records of the Pitkin County, Colorado Clerk and Recorder. CODE: This application will be processed as a Sketch Plan, pursuant to Section 16A-5-350 of the Snowmass Village Municipal Code. TIME: AT A MEETING WHICH BEGINS AT 4:00 P.M. INFO: A copy of the plans and application information is on file and available for review in the Snowmass Village Community Development Department at the above address. For further information call 923-5524. Submitted by: Trudi Worline, Town Clerk Published in the Snowmass Sun on June 14, 2000 M:\Wpdata\Planning\Phnoticc\ParaI N Affordable Housing Pn1iminary'rCNotice0l g COUNCIL COMMUNIQUE Meeting Date: August 14, 2000 Presented By: Planning Division Chris Conrad, Planning Director Subject: Public Hearing and Discussion: Resolution No. 25, Series of 2000, a resolution concerning the Parcel "N" Affordable Housing Preliminary Plan submission, including subdivision plat and rezoning from SPA-1 to MF Multi-Family. Overview: Joe Coffey, Snowmass Village Housing Director (Applicant), has made application on behalf of the Town to receive Preliminary PUD approval for a seventeen (17) unit affordable housing project to be constructed within Parcel N, Faraway Ranch Gross Parcel Plat. Planning The Planning Commission reviewed this application during their July Commission 19 and August 2, 2000 meetings and on August 9, by a 3 to 2 vote, Recommendation: adopted their resolution recommending approval. The resolution has been included within your packet and members of the Planning Commission will be at the meeting to respond to questions and present their findings. The most significant issue discussed by the Planning Commission related to whether to allow the project to extend into the thirty percent (30%) slope areas found within the easterly portion of the parcel. This matter is discussed within the resolution. The two (2) commission members who voted in opposition did so because they felt the Applicant failed to sufficiently show that it is not possible to avoid the thirty percent (30%) slope areas through the reduction in the number of units. Staff Comments: Staff has included a "Communique Supplement' which includes Finding No. 9 and Condition No. 4 from Resolution No. 3, Series of 1999. You will recall that this resolution concerned the Faraway Ranch South (the Timbers at Snowmass) Sketch Plan approval and that Parcel N was still part of that application then. The finding and condition may be helpful for reference during the meeting when the thirty percent (30%) slope issue is discussed. Staff Staff recommends conducting the Public Hearing and then Recommendation: discussing the application to provide direction to staff for preparing the Town Council resolution for consideration on August 21. P:\user\cconrad\MS Word Docs\TC 00-25 Parcel N Affordable Hsg Prelim PUD TCMemo01 COMMUNIQUE SUPPLEMENT [FOR REFERENCE DURING THE MEETING] Excerpts: RESOLUTION NO. 3, SERIES OF 1999 Faraway Ranch South (Timbers at Snowmass) Sketch Plan Section Two: Issues, Concerns and Additional Information Needed. 9. Slopes. Steep slopes are prone to erosion and soil instability, are difficult to re-vegetate and may also be subject to geologic hazards. For these reasons, development activities that decrease the stability of any slope greater than fifteen percent (15%) is discouraged and development on slopes greater than thirty percent (30%) are prohibited except in certain specific circumstances as specified within Section 4-140 of the Development Code. The Applicant has submitted a topographic slope analysis map which identifies that a significant portion of the development activity will be located within areas containing greater than thirty percent (30%) slopes. No development should be located within these areas unless sufficient qualified information is submitted with the Preliminary Plan application to demonstrate that said areas are the result of minor man-made cutting or filling of an otherwise continuous natural slope and which has been determined by a professional geotechnical engineer that the slope is not prone to instability or failure, that the proposed development will not cause greater slope instability or increase the potential for slope failure, and that there will be no significant risk that damage to adjacent property will result from the proposed construction. The Town Council understands that the Applicant has generated field information, and the Town Council has reviewed said information, that suggests that many of the thirty (30) percent slopes areas within the property are caused be man-made disturbances. The Town Council finds the information acceptable for the purposes of conducting a Sketch Plan level of evaluation and review but that the Applicant must demonstrate during the Preliminary Plan application that such disturbances are in fact the cause of the man-made disturbances. The Applicant must provide information from a qualified professional geotechnical engineer with the Preliminary Plan application that demonstrates that this development will not cause greater slope instability or increase the potential for slope failure immediately up hill from the free market townhomes, restricted housing, surface parking, driveways, underground parking garage, and Buildings A, B, and C and that there will be no significant risk that damage to adjacent property will result from construction of improvements within this property. Section Four: Conditions. 4. Restricted Housing. The Project proposal involves the provision of far more restricted housing than is required of the Applicant to mitigate the �a employee housing impact of the development. The square footage amount of restricted housing required by Section 4-410 of the Development Code must be provided in accordance with Section 4-420 of the Development Code. The Project proposal involves the provision of far more restricted housing than is required of the Applicant to mitigate the employee housing requirements of the development. There has been considerable debate over the appropriate amount of employee housing that should be provided on that portion of the property east of Faraway Road. The housing initially proposed to be located in Parcel "N" was withdrawn by the Applicant since there was no clear direction on the future of this site and concerns were expressed by nearby residents. This site was then identified as Open Space until it was indicated that failure to identify this parcel at the time of Sketch Plan review as being for potential future employee housing use may affect its ability to be designated as such within future phases of development review. The Town Council finds that Parcel "N" may remain designated as a "potential future site for employee housing for up to but not exceeding twenty-two (22) units, as generally shown on the attached Sketch Plan. Furthermore, the Town Council requests that the Applicant provide detail with the Preliminary Plan Application to demonstrate the specific number of employee units that will fit when considering appropriate mass, scale, parking and site constraints on this portion of the property and provided there is development potential on the site. No detailed evaluation occurred of the development proposal for Parcel "N" as shown in Exhibit A and the Town Council is not commenting on the specific site design shown. This test of employee housing potential should be designated in the Preliminary PUD Plan. Development within Parcel "N" should not involve natural slopes exceeding thirty percent (30%), building planes should be varied so as to not be continuous and units should be staggered to reduce their "wall effect'. The Town Council finds that some further consideration may be given to enabling reductions in parking requirements for this employee housing if it can be demonstrated at the time of Preliminary Application that, due to proximity to the trails system, Town transit system, shopping, and ski area access, together with a proper parking management program, a reduction is reasonable and appropriate due to the nature of the specific employee housing proposal presented. ALAN RICHMAN 9709201125 P. 01 MEMORANDUM TO: Snowmass Village Town Council )ROM: Alan Richman Planning Services N SUBJECT: Preliminary PUD/Plat for Parcel N DATE: August 10, 2000 On August 14 we will begin discussion with you of the application we have submitted requesting approval of Preliminary PUD/Plat and Rezoning to MF for the affordable housing project on Parcel N of the Faraway Ranch. We have been working with the Planning Commission and the public on this application for the past several weeks, During the public hearings, we have received many suggestions about the project, including comments on the site plan, architecture, landscaping, infrastructure, and project management. A number of technical revisions have been made to the project during the course of this review, and we expect to continue to make such modifications in response to the Planning Commission resolution of approval. It is out intention to explain these changes to you during our presentation on Monday night. This will include presentation of those drawings that have been revised to date, along with commitments to complete the remaining changes in our application for Final PUD/Plat. One significant area of public discussion has been the proposal to develop a portion of the project on slopes that exceed 30%. It had been out intention to have John Mechling of CTL Thompson present at Monday's meeting, so this issue could be thoroughly reviewed. Unfortunately, Mr. Mechling has a prior commitment and will be unable to attend this meeting. We would suggest, therefore, that discussion of the 30% slope issue be put off until your next hearing on this project, at which time Mr. Mechling will be prepared to review his studies and conclusions with you. We look forward to meeting with you on August 14. WWWAss vWg Housing Department To: Chris Conrad From: Joe Coffey Date: August 2, 2000 Re: Parcel "N'Parking Management Plan It is anticipated that each bedroom will have a parking space. The parking spaces will be assigned to each unit. A three-bedroom condominium will have three parking spaces and a two-bedroom will have two assigned spaces. There are 44 bedrooms and 49 parking spaces for the Parcel"N'project. . The five extra spaces will be for visitor parking. I believe that not all three-bedroom condominiums will have three vehicles and this may open up more parking spaces. memo/econmd/prlmg PO BOX 6156 • SNOWMASS VILLAGE,COLORADO 81615 (970)923-2360 • (f=) (970)923-5481 • housing®tosv.com - www.tosv.com NOTES: PARCEL N, SNOWMASS VILLAGE: 1. Proposed Plan File Name: PARCEL N CC W DRAIN EXC.sIp Stability During Construction Last Saved Date: 8/2100 FS = 1.38 Last Saved Time: 11:40:33 AM 2. Excavation Required* = 10 Feet Analysis Method: Bishop * Planned bottom of footing + 3 feet Soil:1 Description:FILL Soil Model: Mohr-Coulomb ••• ••• •• .• . Soil:2 • • • Description:ORGANIC SOIL • • Soil Model: Mohr-Coulomb • • • • • • • • • • . Unit Weight: 100 • • Cohesion:100 ' • • ' • • Phi: 20 •• , " • ' • Soil: 3 •• • • •• • •• • Description:CLAY,SANDY W1 GRAVEL • • 1 372 • Soil Model:Mohr-Coulomb • • • Unit Weight:130 • dr .. w • • • Cohesion:200 O 1.0 -- • • Phi:30 O1.00 — " •• •• � • • . Soil:4 0.99 Description:WEATHERED BEDROCK X r Soil Model: Mohr-Coulomb apMoK. 7 CWC 0.97 MOM) W 0.96 , U- 0.95 Z 0.94 ¢ACTOR dF SRF BYY 0 0.93 --- Q 0.92 $1=GTION C'C J0.90 —I Uj 0 50 100 150 200 250 FEET FIG JOB NO. GS2711 son:1 Dewdpibn:ORGANIC SOIL Solt Model:Mohr-Coulomb PARCEL N, SNOWMASS VILLAGE: File Name: PARCEL N DDEXCAVATEDWDRAIN.slp Last Saved Date: 812100 Solt 2 Description:CLAY,SANDY W1 GRAVEL Last Saved Time: 11:24:39 AM Soil Model:Mohr-Coulomb Analysis Method: Bishop Unit Weight:130 Cohesion:200 Phi:30 Sal:3 NOTES: Description:WEATHERED BEDROCK Soil Model:Mohr•Coutomb Unit Weight 120 1. Alternate Plan Cohesion:200 Stability During Construction Phi:21 FS = 0.98 Soil:4 :•• •• • ' 2. Excavation Required* = 19 Feet Description:Bedrock • • • • ' • ' Soil Model:Bedrock ' • • . , •• ' • ' • • .• ' • , ; • ' �: * Planned bottom of footing + 3 feet Q1.01 ;� ;;•� .;• •. 1.00 ' • : •: ' • :. X 0.99 �q�CtKf•• , 0.98 W 0.97 __-- w 0.96 -- . 7 LL 0.95 - —_, ACTOR lJf Sfl�ET'Y:D.4$ 0 0.94 �RN < 0.93 �.pCtIFTICN Q 0.991 1 � 0 SGC'f101J . w w 0 50 100 _ 150 200 250 FEET FIG JOB NO. GS2711 E ` 7��� � INN _ ice\ TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION NO. 25 SERIES OF 2000 A RESOLUTION PROVIDING THE PLANNING COMMISSION RECOMMENDATION TO TOWN COUNCIL REGARDING THE PARCEL "N" AFFORDABLE HOUSING PRELIMINARY PLAN SUBMISSION, INCLUDING SUBDIVISION PLAT AND REZONING FROM SPA-1 TO MF MULTI-FAMILY. WHEREAS, the Town of Snowmass Village Housing Department (the "Applicant")has submitted on behalf of the Town of Snowmass Village (the "Landowner") a request for approval of the Parcel "N"Affordable Housing Preliminary Plan submission (the "Project"), including subdivision plat and rezoning from SPA-1 to MF Multi-Family; and WHEREAS, the application concerns Parcel N, Faraway Ranch Subdivision, according to the Gross Parcel Plat recorded March 18, 1985 in Plat Book 17 at Page 5 of the records of the Pitkin County, Colorado Clerk and Recorder; and WHEREAS, Town Council Resolution No. 3, Series of 1999 ("Resolution 3"), was approved on January 18, 1999, granting Sketch Plan approval for the Faraway Ranch South Specially Planned Area(SPA); and WHEREAS, said approval included Parcel N and identified said parcel as an appropriate site for employee housing for up to, but not exceeding, twenty-two (22) units; and WHEREAS, Parcel N was subsequently conveyed to the Landowner and withdrawn from the Faraway Ranch South project at that time; and WHEREAS; the Town of Snowmass Village Planning Director has reviewed the Preliminary PUD application for the Project and determined that it should be reviewed as a Major Planned Unit Development ("PUD") application in accordance with the procedures specified within Section 16A-5-300(b) of the Snowmass Village Municipal Code (the "Municipal Code"); and WHEREAS, said procedure requires an initial Public Hearing and Preliminary PUD Plan review by the Planning Commission; and WHEREAS, posted, mailed, and published notice of a public hearing to be held before the Planning Commission on July 19 and August 2, 2000 were provided in accordance with the public notice requirements of Section 16A-5-60 of the Municipal Code; and PC Reso.00-25 Parcel N Prelim.Plan Page 2 WHEREAS, the Planning Commission reviewed the Project and received public comment during the regular meetings which occurred on those dates; and WHEREAS, the Planning Commission conducted their review of the Project to consider all relevant materials and testimony in order to evaluate whether the Project development proposal complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards of the Municipal Code and whether the preliminary plan submission by the Applicant has responded to the direction given by the Town as stated within Resolution 3. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the Town of Snowmass Village, Colorado, as follows: Section One: General Findings. The Planning Commission finds generally as follows: 1. The Applicant submitted the application for Preliminary Plan Review of the Project in accordance with the provisions of Chapter 16A of the Municipal Code. The Preliminary PUD Plan application provided the Minimum Contents required pursuant to Section 16A-5-40(b), and included written and graphic materials pursuant to Section 16A-5-350, in sufficient detail to deem the application complete for review. Supplemental information had been submitted by the Applicant during the review process in response to staff, public and Planning Commission requests, comments, and concerns. To the extent, if any, that the original submission is different from the information used by the Planning Commission in the preparation of this resolution, the amended submission material meets the intent and satisfies the requirements of Chapter 16A of the Municipal Code. 2. The Planning Commission, during the Preliminary Plan review, considered alternative development schemes for the property in response to public comment and at the suggestion of the Planning Commission. The Applicant presented six (6) alternatives that included various structure locations and configurations within the Project area. The two (2) scenarios shown in Exhibit B of this resolution identified what the effect would be upon the Project if modified to avoid areas containing thirty percent (30%) slopes. Section 16A-4-50(d)(4) of the Municipal Code states that a three-quarters (3/4) majority vote of the Town Council will be required to authorize development within the thirty percent (30%) slope areas shown in Exhibit A. It must be successfully demonstrated that the "development" is unable to avoid the steep PC Reso.00-25 Parcel N Prelim.Plan Page 3 slopes. In addition to reviewing the design alternatives shown in Exhibit B, the Planning Commission received additional testimony from the Applicant's engineer concerning the potential soils problems, drainage and slope stability issues associated with locating structures further uphill. In addition to limitations caused by the physical constraints of the property, it became apparent that either alternative would result in a loss of existing vegetation, reduction in open space and greater visual impact upon surrounding property owners. It was determined by the Planning Commission at the conclusion of the Preliminary Plan review: a) The Applicant successfully demonstrated: 1) the subject parcel has historically been identified specifically as a location for employee housing; 2) that the "development" involves seventeen (17) quality affordable housing units that have been designed and located so as to not compromise open space or existing vegetation and to preserve the westerly views for the Ridge Condominium unit owners; and 3) to relocate the buildings further uphill will undermine those objectives as well as significantly increase the overall cost of the project. b) John Meckling with CTL/Thompson ("CTL"), the Applicant's geotechnical engineer, provided cross sectional details through the site to address the advantages to locating the buildings at the base of the slope, as proposed, rather than to realign and locate them further uphill. His professional opinion at this time was that the thirty percent (30%) slope areas could be reinforced and retained such that the proposed development will not cause greater slope instability or increase the potential for slope failure and that there would be no significant risk that damage to adjacent property will result from the proposed construction. Of the alternatives provided, he stated that the Project as proposed was the safest and best way to develop the site. To develop further uphill will likely decrease the Factor of Safety ("FOS") and cause significantly greater development costs. c) After determining that there was little real practical benefit to relocating the units uphill to avoid the thirty percent (30%) slope areas, the Planning Commission then had to consider whether it should be recommended that these areas be avoided through a reduction in the number of units. The primary objectives were to balance the community need for and benefit of quality affordable housing, ensure a safe development and assure an equitable application of the Land Use Code. r � � PC Reso.00-25 Parcel N Prelim.Plan Page 4 d) By a straw vote of three (3) in favor and two (2) against, the Planning Commission considered the above issues and decided to retain the seventeen (17) units at the locations shown on the Project site plan. Those members in favor felt: 1) that it was not feasible to remove units or move units further up the hill when the recommendation of CTL was to avoid doing this as it would increase the cost of the project without improving the stability of the slope or safety of the Project; 2) locating the units at the toe of the slope is the safest and best way to develop the site; 3) the project, if properly designed and constructed, would not endanger surrounding properties; and 4) a redesigned project which entirely avoids all thirty percent (30%) slope areas would likely disturb more area within the site, be more visually obtrusive to surrounding property owners and significantly compromise the open space currently being proposed. Those members who were opposed felt that the Applicant failed to sufficiently show that it is not possible to avoid the thirty percent (30%) slope areas through the reduction in the number of units. 3. The subject area is identified on the Comprehensive Plan Environmental Sensitivity Map as being within the Brush Creek Impact Area. As such, the Applicant submitted information evaluating the potential impacts of the development on Brush Creek and its associated riparian habitat and wetlands. The Planning Commission has reviewed the information and evaluated the recommendations to determine whether consistency exists with the development evaluation standards found in Section 16A-4-30 of the Municipal Code. Specifically, the Planning Commission finds: a) The U.S. Army Corps of Engineers have concurred with the findings of Wright Water Engineers, Inc. that the Project does not contain any waters, including wetlands, subject to their regulatory authority under Section 404 of the Clean Water Act. b) Any Final PUD submission should include both interim and final erosion control plans as discussed within the Schmeuser Gordon Meyer ("SGM") letter attached as Exhibit C of this resolution. The Final Grading Plan must demonstrate that vegetation removal has been minimized to the greatest extent feasible and the Final PUD submission shall include a restoration plan for all disturbed areas. c) The SGM letter notwithstanding, the final water quality control structure, as discussed within Exhibit C, must ensure that this development and Ow 0710 PC Reso.00-25 Parcel N Prelim.Plan Page 5 site will not introduce organic or inorganic pollutants into Brush Creek. The Planning Commission recommends that the Applicant continue to further develop the concept and create the best possible design solution, which may be more extensive than as described within the SGM letter. 4. The current zone classification for the Subject Property is SPA-1 Specially Planned Area. Section 16A-3-40(5) of the Municipal Code discusses the general purpose for the Specially Planned Area (SPA-1 and SPA-2) zone districts and specifies that development proposals within those districts are to be submitted and reviewed pursuant to the provisions of Article V, Division 3, Planned Unit Developments, and that those provisions will apply to establish and define the zoning parameters for the development. General Restriction No. 3 of the PUD regulations, however, states that "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." The appropriate zone district for the proposed project, based on both the Sketch Plan and this Preliminary Plan proposal,is the MF Multi- Family zone district as it permits multi-family residential uses and the Applicant's proposal will be consistent with dimensional limitations specified for that zone district. 5. Chapter Six, Future Land Use Plan, of the Comprehensive Plan identifies the subject area as being part of the Faraway Ranch South (Parcel K & N) Comprehensively Planned Area (CPA). As such, the preferred development plan identified these elements: a) Employee housing could be included. b) Low-density, high occupancy, multi-family residential housing units could be included. c) A mixed-use recreation center at the base of Assay Hill could be included. d) Enhancement of the skier and pedestrian trails shall be included. e) Faraway Road/ Brush Creek Road intersection improvement shall be included. f) Grouped development that provides for the maximum preservation of open space shall be included. g) Connection to the Snowmass Center and the Base area shall be included. The Planning Commission finds that, with the exception of elements b, c and e, which were addressed within the Timbers at Snowmass project, the above elements have been satisfactorily incorporated into the development proposal. 6. Section 16A-3-40(6)b. of the Municipal Code also identifies elements of the wow PC Reso.00-25 Parcel N Prelim.Plan Page 6 Comprehensive Plan that could be considered in the development of the Faraway Ranch South (Parcel K & N) CPA, namely: (1) Low density, high occupancy, multi-family residential housing; (2) Mixed use recreation center at the base of Assay Hill; and (3) Employee Housing. The Planning Commission finds that only element 3 appropriately applied to Parcel N and further supports this application. 7. The Planning Commission has, to the extent necessary for and pertinent to a Preliminary Plan level of evaluation and review, determined that the application is generally consistent with the provisions of Section 16A-5-300(c), General Restrictions, of the Municipal Code ("Restrictions"), as discussed below and/or subject to satisfying the applicable recommendations contained within this resolution. 8. The Planning Commission has, to the extent necessary for and pertinent to a Preliminary Plan level of evaluation and review, determined that the application is generally consistent with the provisions of Section 16A-5-310, Review Standards, of the Municipal Code ("Standards"), as discussed below and/or subject to satisfying the applicable recommendations contained within this resolution. a) The Preliminary Plan generally identifies land uses that are consistent with the Town of Snowmass Village Comprehensive Plan (the "Comprehensive Plan") Future Land Use Map in that the subject area is identified as being intended for Multi-Family Residential uses. b) The Applicant has committed a southerly portion of the parcel to Open Space that is larger in area than what has been identified as the minimum required for the MF Multi-Family zone district. 9. The Planning Commission finds that the proposed project generally complies with the directions established by the Town in the Sketch Plan approval resolution and with subsequent guidance from the Planning Commission during Preliminary Plan review, as discussed below and/or subject to satisfying the applicable recommendations contained within this resolution. a) The Sketch Plan resolution stated that there may be potential, subject to further investigation and review, for up to 22 restricted employee housing units (50 bedrooms) within Parcel "N", involving up to 25,456 square feet. The Applicant's proposal is for 17 units and forty-four(44) bedrooms involving 24,082 square feet. The Project proposes less units, bedrooms and square footage than had been contemplated at Sketch Plan. aim 2Z PC Reso.00-25 Parcel N Prelim.Plan Page 7 b) The Sketch Plan also specified that the restricted units should not exceed three (3) floors and a roof section, or the thirty-eight (38) foot height limit. The Project satisfies these limits. c) Condition No. 4 of the Sketch Plan resolution states: "No detailed evaluation occurred of the development proposal for Parcel "N" as shown in Exhibit A and the Town Council is not commenting on the specific site design shown. This test of employee housing potential should be designated in the Preliminary PUD Plan. Development within Parcel "N" should not involve natural slopes exceeding thirty percent(30%)...... Finding No. 9 (Slopes) of the Sketch Plan resolution essentially states the provisions of Section 16A-4-50 of the Municipal Code which prohibits development within thirty percent (30%) slope area except in certain specific circumstances. Portions of the Project will extend into areas of that type and will require that the Town Council, by a vote of at least three-fourths (3/4) of the voting members, identify the reasons why the development is unable to avoid the steep slopes and, therefore, allow the Project to extend into these areas. The Applicant has presented reasonable design solutions regarding the geotechnical, groundwater and drainage issues related to the Project. All of these items were matters of concern during Sketch Plan review. The Planning Commission accepts the solutions proposed by the applicant for addressing drainage, the stability of the Project area and adjacent hillside and its development within thirty percent (30%) slope areas. 10. The landscaping plan was amended by the Applicant and has been included as part of Exhibit A. The plan no longer involves planting within the Ridge Condominium property. The Applicant also represents that no work, including the placement of the reinforcement walls and/or tie-backs, will be extending onto Ridge property. The Planning Commission has reviewed the amended plan and finds that it is insufficient and should be amended further as follows: a) Considerably more planting should occur within the area between the Project and the Ridge Condominiums to the east. It is recommended that approximately fifty (50) 14'-16' Spruce and considerably more Aspen be staggered along the hillside so as to be large and dense enough to provide substantive screening of the project. Discussions should occur with the Ridge Condominium Association to permit planting within their portion of the hillside and to develop a successful � Z3 PC Reso.00-25 Parcel N Prelim.Plan Page 8 landscaping solution. b) The Planning Commission recommends that the area between the carports and trail not be limited to Bristlecone Pine, Aspen and shrubs but that Spruce trees be intermingled as well. The Applicant should explore ways to create more area to get additional tall evergreens in front of the town home buildings. In addition, the landscaping should be continued around the turn-around at the end of the project. 12. The Planning Commission is concerned about the potential "wall effect" created by the long, continuous alignment of the carports and offers the following recommendations: a) Eliminate one (1) carport within the center of the carport structure opposite Building A and include planting taller evergreens within that space. This will break-up the building's length and provide the opportunity to increase the screening of Building A, OR b) Compress the building separation distance between the three (3) carport buildings and utilize that space to split the building opposite Building A to create a space to plant the evergreens discussed above. c) Move Building B back approximately five (5) to seven (7) feet to then inset the middle carport building by that amount and create a setback to stagger the carport fagade. The opportunity then occurs to create a bigger berm and planting area between the building and the trail. d) Consider creating a "half wall" along all or portions of the back wall of the carport buildings where the top portion would be open. e) Increase the berming and provide more dense planting both above and below the trail. f) Create a design which more dramatically steps the carport roof ridgelines and any other means not mentioned above which will effectively stagger or break-up the continuous wall fagade created by the buildings as proposed. 13. The Planning Commission recommends that the Applicant investigate integrating rusted metal roof elements to match that found within the Timbers at _ Zy PC Reso.00-25 Parcel N Prelim.Plan Page 9 Snowmass development. Further comments concerning colors or material are not provided as they were still being finalized by the Applicant and had not been completed within the time frame of our review. It is requested that the Final PUD architecture, colors and materials be referred to the Planning Commission for review and comment at that time. 14. The Planning Commission is aware that the Timbers at Snowmass project included Parcel N with a potential for twenty-two (22)restricted sales units within the traffic analysis submitted with their Preliminary PUD application. The road improvements proposed by them for Faraway Road and the Faraway/Brush Creek Road intersection was supported by sufficient traffic information to indicate that the LOS would not exceed the limits specified within the Municipal Code. The Town Council reviewed their Final PUD Plan and found their proposal would represent a substantial improvement to the roadway which sufficiently addressed their project's impacts as well as somewhat improve inadequate conditions that existed as well. However, there is still a substantial concern by the Planning Commission that, during winter conditions, the Faraway Road uphill traffic will have difficulty making the top of the hill as a result losing momentum when delayed by traffic slowing, stopping or turning into either side of the Timbers project or by a Town shuttle entering traffic from the bus stop on the uphill side of the road. 15. The Planning Commission recommends that more detailed information be included within the Construction Management Plan, attached as Exhibit D, regarding: a) Fugitive dust control, the "mud racks" and how the Town roadways will be kept clean during construction. b) How will construction worker parking be handled? c) Will the Applicant agree to limit the hours of operation from 8:00am — 5:00pm from mid-December through March in order to reduce the noise impacts upon Ridge unit owners and renters? 16. It was requested during the public hearing that at least the five (5) or six (6) carports at the easterly end of the project, if not all of them, be enclosed with a garage door in front as a visual benefit to the Ridge unit owners. The Planning Commission considered this but felt that the money spent to accomplish this could actually be spent to provide enhanced landscaping to further improve the visual quality of the project from their perspective. 00 � '�'E,y7 k PC Reso.00-25 Parcel N Prelim.Plan Page 10 Section Two: Recommendation. The Planning Commission recommends approval of the Parcel N Affordable Housing Preliminary Plan submission, which includes: 1) a request to rezone the property from SPA-1, Specially Planned Area, to MF Multi- Family; 2) subdivision of the parcel: and, 3) a Subdivision Exemption application to permit condominiumization, as described within Exhibit A as well as all other documents as set forth in the Preliminary PUD Plan application dated June 1, 2000, which collectively are incorporated herein by this reference as if set forth at length. Further, this recommendation shall be subject to satisfying all applicable requirements of Chapter 16A of the Municipal Code, the recommendations contained within Section One above and the conditions contained within Section Three below. Section Three: Conditions. The Planning Commission recommendation is subject to satisfying the following conditions: 1. Prior to final review of this application by the Town Council, the Condominium Documents shall be amended to include, or the applicant shall address; 1) limiting pets and prohibiting inoperable vehicles; 2) restrictions concerning outside or deck storage; 3) that the carports and garages should be used for vehicle storage only except for attic or other storage which may otherwise be enclosed; 4) granting the Town authority to enforce violations; 5) that garage doors should remain closed when not in use; and 6) requiring that adequate insurance be maintained to address slope failure. 2. The Final PUD application must include an Engineer's Opinion as specified within Section 16A-4-50(d)(5) of the Municipal Code which provides an opinion from a professional geotechnical engineer licensed in the State stating: 1) that the thirty percent (30%) slope areas affected by the Project are not prone to instability or failure; 2)that the proposed development will not cause greater slope instability or increase the potential for slope failure; and 3) that therefore, there will be no significant risk that damage to adjacent property will result from the proposed construction. If any risk to adjacent property is found, the geotechnical engineer shall describe the design considerations or construction techniques that are to be incorporated within the development to mitigate the risk of damage to adjacent property from the proposed development. 3. Any Final PUD submission shall include both interim and final erosion control plans as discussed within the Schmeuser Gordon Meyer letter attached as Exhibit C of this resolution. The Final Grading Plan must demonstrate that vegetation removal has been minimized to the greatest extent feasible and the Final PUD submission shall include a restoration plan for all disturbed areas. 4. The Final water quality control structure, as discussed within Exhibit C, shall PC Reso.00-25 Parcel N Prelim.Plan Page 11 ensure that this development and site will not introduce organic or inorganic pollutants into Brush Creek. The Planning Commission recommends that the Applicant continue to further develop the concept and create the best possible design solution. 5. No work is permitted to extend beyond Parcel N without the written authorization of the Ridge Condominium Association or applicable land owner. 6. The Applicant should provide more detailed information describing the manner and means by which the existing condition of the adjacent Ridge units will be documented and control monitors will be placed in order to identify existing or any future slope movements within the area between the Ridge Condominiums and the Project and such control monitors will be provided by the Applicant. Monitoring results will be made part of the public record and provided to the Ridge Condominium Association upon request. This needs to be addressed during Town Council review. INTRODUCED, READ AND ADOPTED, as amended, on this 9th day of August, 2000, by the Planning Commission of the Town of Snowmass Village, Colorado on a motion made by Commission Member Gaudin, seconded by Commission Member Huggins, by a vote of 3 to 2. Commission Members Gustafson and Purvis were opposed on the basis that they felt the Applicant failed to sufficiently show that it is not possible to avoid the thirty percent (30%) slope areas through the reduction in the number of units. TOWN OF SNOWMASS VILLAGE PLANN N OOMM�ISSION eorg P. Hu gins, hai ATTEST: Rhonda B. Coxon, Planning Commission Secretary M:\Wpdata\Reso.pl\PC 00-25 Parcel N Prelim PUD '• 2 7 IN All d th . i si SO 6�i 6 n r ss I NMS ��nsanv7 Q'3QN3Wd _ �n e A? Etc S _ IPX is Y m A P N I . i uVU u-R�4�Q Etc S _ IPX is Y m A P N I - I TOWN OF SNOWMASS VILLAGE III A r E 3 3 3 4 �AcA �,c FARAWAY RANCH-PARCEUN' jai '! ; tnl � fi +5331 3: 'h,.1c„ � AFFORDABLE HOUSING PROJECT it Z"i ` • ,.� SNOWMASS VILLAGE,COLORADO I a . i uVU u-R�4�Q - I TOWN OF SNOWMASS VILLAGE III A r E 3 3 3 4 �AcA �,c FARAWAY RANCH-PARCEUN' jai '! ; tnl � fi +5331 3: 'h,.1c„ � AFFORDABLE HOUSING PROJECT it Z"i ` • ,.� SNOWMASS VILLAGE,COLORADO I a e 1 1 ' IA 4 I i '� arE s fr.* 3 V rrs • loo' WALKIWur PlyrAw UP►� 3vNr[5 Los5 ot-- VFtn::Os FW-°m ✓N ITS s doll- STAVL1ty/1�79A,N � mS ILI . PtsFzU���C-cRA� UPP�R.SIT� � �ISVaL I►nP�-r° R� $L�x� r i a s�ppy Sd / ALTERNATE 1_ �� �� 17(/NITS/ 4R AgFKIN6r S o o5E 6� Acce-<6 rOR ALL U N ITS • J�oI WALKIN& Ps1'ANCI✓To PN ITs(2-G VIiRTIcAQ L cis of:� VimJS FRdM UN 1TS • (A1L STABII-IT'//PI•'-AIw f;,goe -.6 )r)S o P IsRV471"�R�RAGE VPPY��1 T� • NsIV>; I oss of e VISVAI- I MPA"-T -r'-"' IZIPC-e- aLDGrS . ILI o INFPA�TRIX'T�� �T \. r: pl R (� �� � rte_ II _� � _s: 3I u•r ; ALTERNATE 2__ 1-1 VN ns i 4°I FIARK1146c 5 )Aca5 ENGINEERS SURVEYORS (970)945.1004 SCHMUESERSGM 118 west 6th, Suite 20D FAX(970)945-5948 GGROONMEYER Glenwood Springs,CO 81601 IIIIIIII August 1, 2000 �)CKI f" Mr. Joe Coffey t/ Town of Snowmass Village P.O. Box 5010 Snowmass Village, Colorado 81615 RE: Drainage and Water Quality at Parcel N, Snowmass Village Dear Joe: As you are aware, there appears to be some uncertainty of the intended drainage and water quality improvements at the proposed employee housing project known as Parcel N. In effort to provide clarity I offer the following. BACKGROUND The site consists of approximately 3.45 acres of undeveloped land located just northeast of the intersection of Brush Creek Road and Faraway Road, and adjacent to Brush Creek. Proposed development of the lot will consist of the 17 multi-family units with associated common space and parking area. Access to the site will be through the forthcoming multi-unit project, The Timbers, which is adjacent to the south. Adjacent to the site to the east lies The Ridge condominiums. DRAINAGE Runoff calculations for the onsite conditions were performed using the Rational Method. Runoff coefficients of 0.35 for existing and proposed vegetated areas and 0.90 for proposed parking and building areas were used for the 10-yr and 25-yr runoff evaluations. The runoff coefficients were increased by 10% for 100-yr evaluations to adjust for antecedent soil moisture conditions and variability in statistical data. Detention options were evaluated for the 10-yr storm event only with routing provisions for events of greater magnitude. The s1te was analyzed as a single drainage basin which include the contributing areas on the adjacent parcel, The Ridge. In all, the basin analyzed encompassed 4.60 acres, the majority of which is undeveloped land covered with native vegetation. Currently, approximately 18% of the basin is developed with impervious surfaces such as buildings and asphalt. After development approximately 37% of the basin will be impervious surface. As such, it has been estimated that an additional 1.6/2.3 cfs will be generated by the development the 10-yr/100-yr storm events, respectively. Runoff from the offsite areas will be collected onsite via inlets to be located with the natural swales at newly created collection points. Runoff within the proposed developed area will be intercepted by newly graded swales and routed to grated inlets. The parking area will be graded to sheet flow to the north end of the parking area where the surface waters will be collected in grated inlets. All flows captured by the grated inlets noted above will be directed through piping to a water quality control structure. -33 Due to the extreme topographic constraints of the site, there are only two options for handling the increased runoff generated by the proposed site development. The first option is capture the incremental increase of runoff and detain in underground storage vessels. The second option is to directly release the runoff to Brush Creek after routing the surface runoff through a sedimentation and water quality structure. Because the incremental increase in runoff is essentially negligible during storm events, and since there are no downstream developments that will be adversely affected, the second option is recommended with the runoff being directly discharged to Brush Creek. EROSION CONTROL Grading and Erosion Control shall be performed as per the Grading and Erosion Control plans prepared and submitted to the Town for approval. It is the intent of these plans to limit the amount of disturbance in as much as possible and to control the erosion through the strategic placement of proven erosion control devices, such as silt fence and hay bales. Erosion control during construction will be provided though the implementation of the above stated measures, and after construction erosion control will be permanently provide through re-vegetation of all disturbed areas. WATER QUALITY Water quality within Brush Creek will be maintained in three ways. First, no development or disturbance is planned within the existing riparian area along the creek, with the exception of some minor disturbance during bike path re-alignment and water quality control outlet construction. Second, both temporary and permanent erosion control measures will be implemented as outlined above. And lastly, the water quality control structure will intercept all surface flows across developed portions of the site and will effectively reduce sediment loads and trap oil and grease. CONCLUSIONS/RECOMMENDATIONS A minimal increase over existing flow rates will occur due to the proposed development. However, when the dynamics of the watershed are considered as a whole, the small increase from the development is negligible and direct release to Brush Creek should not be problematic. To ensure water quality within Brush Creek, both temporary and permanent erosion control measures will be implemented, and all flows across the proposed development area will be routed through a water quality control structure. The water quality control structure will consist of a baffle system for sediment deposition and oil and grease removal. I hope that this helps clarify the intent of our drainage report and erosion control plans. If you have any questions or concerns, please do not hesitate to call. Sincerely, Schmueser Gordon Meyer, Inc. Chad A. Paulson, P.E. /2000-127 (Rev. 1) _ 3 �r SCHMUESER GORDON MEYER,INC. and ASSOCIATES iL General Contractor Custom Ho s . Commerci Date: August 1, 2000 F.X*1SJ I - To: The Town of Snowmass Village " Des From: Paul Broome,Norris and Associates Re: The Town of Snowmass Village, Affordable Housing Project Parcel N Construction Management Plan The total construction duration for the project will be approximately 12 months. We are anticipating a September 27, 2000 start date. (Please see the attached bar chart schedule for details.) The following is a brief description of the project activities: Notice to proceed • Once a notice to proceed is given to Norris and Associates, we will mobilize within two weeks. Staging • Staging for the project will be limited until the site has been graded. • We will install a 4' tall orange safety fence around the perimeter of the building site Erosion Control and Dewatering • Filter trenches, holding ponds and silt fencing will be placed as directed by the soils &civil engineers. This work will be completed prior to any mass excavation. The trenches will handle on site ground water and surface drainage water. Clean water will be discharge into the existing ditch along Brush Creek Road. Curtain Drainage Trench • A trench drain will be installed uphill of the project. This drain will pick up the ground water from above our buildings and discharge the water to the existing ditch. Access Roads • The access to parcel N will be through the adjoining Timbers Project. • Mud racks (a short stretch of roadway with clean fill) will be placed at the exit to our site. The haul trucks will stay on a firm-driving surface. Const man plan Page I of 2 BCMI Temporary Construction Shoring Walls • Temporary construction shoring walls will be built uphill of the project. These walls will be placed as directed by the soils engineer Retaining Walls • Up hill of the bike path we will build a structural retaining wall to create the flat area for the parking lot Building Excavation • Most of the excavated dirt will be removed from the site via trucks. The trucks will leave the site and go down Brush Creek Road to a dumpsite. We will schedule the trucks to operate between 8:00 AM and 4:00 PM. Flag persons will be used as needed to assist the trucks entering and exiting the site. We will take steps as needed to minimize dirt and debris on the streets. Daily clean up will be done as needed. Building Construction • We will start construction on the buildings once the sitework is underway enough to allow safe access. • Our working hours will be within the guidelines for the Town of Snowmass Village Project Completion • Approximately 12 months from the start of construction we will have the units ready to occupy Const man plan Page 2 of 2 '' NO BCMt Town of Snowmass Village Preliminary Schedule Norris and Associates Affordable Housing Parcel N Based On 11 Months N 3rd Quarter 4th Quarter I 1st Quarter 2nd Quarter 3rd Quarter ID 6 Task Name Duration Start Finish Jul Aug Se Oct Nov Dec Jan Feb Mar Apr May Jun Jul Au 1 ® Architectural design 30 days Mon 7110100 Fri 8118/00 2 ® TOSV approval process 30 days Mon 7110100 Fri 8/18/00 I 3 Su for permd 1 day Mon 821/00 Mon 821/00 4 Snowiness plan review 20 days Tue 822/00 Mon 9/18/00 5 Issue permit 1 day Tue 9119100 Tue 9119100 6 Mobilize 5 days Wed 920100 Tue 926100 7 Start constnrctlon 1 day Wed 927100 Wed 927100 8 Overtot grading 15 days Thu 926/00 Wed 10/18/00 9 upper trench drain 15 days Thu 928/00 Wed 10/18/00 10 Excavate MSE wall 10 days Thu 928/00 Wed tON 1/00 11 Build MSE wall 20 days Thu 10112100 Wed 11/8/00 i 12 Waterline 10 days Thu 10/19100 Wed 11 11100 13 Shonrg walls 10 days Thu 10/19/00 Wed 11/1/00 -14 Sewer system 5 days Thu 112100 Wed 11/8/00 i 15 Building excavation 10 days Thu 1112/00 Wed 11/15/00 ® j 16 Footings 10 days Thu 11/9100 Wed 1122100 ® i (� 17 Concrete walls 15 days Thu 11/16/00 Wed 12MM 18 --- Under slab uti fi.. -- 5 days Thu 128100 Wed 12/13/00 v19 Foundation waterproofing 5 days Thu 12/7/00 Wed 12113100 20 Lower level slab 5 days Thu 12114/00 Wed 1220100 21 Backfill 10 days Thu 12/14100 Wed 1227/00 22 Lower level walls 10 days Thu 1221/00 Wed 1/3/01 � 10 days Thu 1/4101 23 M leve18 system Wed 1/17/01 ain I i® 24 Main level walls 15 days Thu 1/18/01 Wed 2f7/01 I I 25 Roof system 25 days Thu 2!1!01 Wed 3/7/01 ® ! 26 Install windows _ 10 days Thu 222/01 Wed 3!7101 ■ 27 Exterior trim-- -- 30 days - –�-Thu 3/1101 Wed 4111101 _ 28 Rough-In plumbing 20 days Thu 3/1101 Wed 328/01 29 Rough-in HVAc 15 days Thu 3/1/01 Wed 321/01 30 Dry-in roof 10 days Thu 3/1/01 Wed 3114/01 31 Rough-in fire system 20 days Thu 311/01 Wed 328101 - ®� 32 Rough-in electrical__— 15 days Thu 318/01 Wed 328101 33 Rough-in low voltage systems 10 days Thu 318101 Wed 321101 BCMI Preliminary schedule Page 1 Town of Snowiness Village Preliminary Schedule Norris and 11tea Tue Affordable Housing Parcel N Based On 11 Months Tue 8/1!00 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter ID 6 Task Name Duration Start Finish Jul Aug Oct Nov I Dec I Jan I Feb 1.Mar I Apr I May Jun Jul A 34 Rough-In Inspections 2 days Thu 3129/01 Fri 3/30/01 35 Insulation --_-- — 10 days Mon 4/2/01 Fri 4/13/01 38 Exterior stone veneer 40 days Thu 4112/01 Wed 6/6/01 ,' 37 Hang drywa8 ----_-- - — 15 days Mon 4/16101 Fri 5/4/01 36 ----- Finish drywall - 20 days Mon 423101 Fri 5/18/01 39 Exterior stucco 20 days Thu 5110/01 Wed 616101 ,I 40 Interior painfmg 15 days Mon 5114101 Fri 6/1101 41 Install cabinets&milWork 30 days Mon 521 rot Fri 629/01 i 42 Install Interor doors 15 days Mon 528101 Fri 6115/01 43 Install interior bass&case 15 days Mon 6/4101 Fri 6/22101 44 Landscape Irrigation 15 days Thu 67101 Wed 627/01 45 Landscaping 20 days Thu 67101 Wed 7/4101 - 48 InstaA counter tops 15 days Mon 6/18101 Fri 7/6101 . 47 Stain&finish Interior materials 20 days Mon 6/18101 Fri 7/13101 48 Install appliances 10 days Mon 72101 Fri 7113101 49 Plumbing tdm 10 days Mon 72/01 Fri 7/13/01 j ` 50 Electrical trim -_ 10 days Mon 7/16/01 Fri 727101 51 Low voltage trim 10 days Mon 7 116101 Fri 727%01 52 HVAC trim 10 days Mon 7/16/01 Frl 727101 I 53 Fire system trim 10 days Mon 7116107 Fd 727t01 54 Final punch— — - 15 days Wed 7118101 Tue 87/01 55 Final Inspectons 2 days Mon 7/30101 Tue 7/31/01 ! 56 Substantial completion 1 day 7Wed /1/01 Wed 8/1/01. I 57 Install carpel 10 days /1/01 T ue 8/14101 58-- ---- Final dean 20 days Wed 817101 Tue tU28101 I, 59 Owner occupy 1 day Wed 8129/01 Wed 829/01 ' Preliminary schedule Page 2 BCMI COUNCIL COMMUNIQUE Meeting Date: August 14, 2000 Presented By: Planning Division Chris Conrad, Planning Director Subject: Discussion and Direction to Staff: Determination by Town Council as to whether the Daly Lane Conference Center Sketch Plan application qualifies as serving a public purpose such that it should receive scheduling priority over all other development applications, pursuant to Section 16A-5-300(b)(3)a. of the Municipal Code. Overview: The Snowmass Club Phase II Sketch Plan was re-submitted on June 26. There are currently two (2) major PUD applications having review priority ahead of their application: the Parcel N Preliminary PUD and the Snowmass Center Expansion Sketch Plan. The issue that needs to be discussed concerns the fact that the Snowmass Resort Association submitted their Daly Lane Conference Center Sketch Plan on August 2. Although it was received after the Snowmass Club submission, the Conference Center application could receive scheduling priority over all other Development applications should the Town Council choose to determine that it qualifies as serving a "public purpose'. Staff has included a "Communique Supplement' which includes Section 16A-5-300(b)(3), One (1) major PUD under review, of the Municipal Code for reference during the meeting. A tentative draft meeting schedule has also been included for discussion purposes. Staff Staff must rely upon the Town Council to make the Recommendation: determination as to whether the SRA conference center proposal "serves a public purpose" and will be available to discuss scheduling options at the meeting. P:\user\cconrad\MS Word Docs\Smass Club II 8 Conf Centr Scheduling TCMemo01 -31 COMMUNIQUE SUPPLEMENT Major PUD Scheduling Priority Section 16A-5-300(b)(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. (Emphasis added.) 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. If an applicant does not submit the requested materials in a timely manner, the next prioritized application will be scheduled before that review body. 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. � yo PLANNING COMMISSIQN AGENDAS TOWN COUNCIL AGENDAS AUG.14: SPECIAL MEETING AUG.16: REGULAR PC MEETING 2 Hours Work Session:Article V Land Use Code Snowmass Center Expansion Sketch Plan Discussion&Direction:Prioritization RE:Conf.Center Sketch("Public Purpose") Horse Ranch,Lot 61 (Pawar)Variance Public Hearing:Parcel'N"Affordable Housing Project PH&Variance:Lot 29.Pines(Throm) Article V Land Use Code AUG.21: REGULAR MEETING 1 Hour Work Session&Resolution:Parcel N Affordable Housing Minor PUD Amendment Tamarack-Office Addition PH&2nd Reading Parcel"N"Affordable Housing Project:Wrap-up&Reso. Subdivision Exemption:Lot 1,Ridge Run I(Duplex+Caretaker Unit) SEPT.05: Joint PC/TC Mtg:First Priority Sketch Plan SEPT.05: REGULAR MEETING Joint PC/TC Mtg:First Priority Sketch Plan SEPT.06: REGULAR PC MEETING Pre-Sketch:Rodeo Grounds(Need Info.by no later than Aug. 15) Snowmass Center Expansion Sketch Plan(Resolution) Resolution:Parcel N Affordable Housing(If Needed) Finalize PC Recommendation RE:Article V Land Use Code 1st Read:Article V Land Use Code(Publish Aug. 16) SEPT.11: WORK SESSION SEPT.18: REGULAR MEETING SEPT.20: REGULAR PC MEETING PH:Snowmass Center Sketch Plan First Priority Sketch Plan Public Hearing and 2nd Reading:Article V Land Use Code OCT.02: REGULAR MEETING OCT.04: REGULAR PC MEETING Work Session&Reso:Snowmass Center Sketch Plan First Priority Sketch Plan OCT.09: WORK SESSION OCT.16: Joint PCITC Mtg:2nd Priority Sketch Plan OCT.16: REGULAR MEETING Joint PCITC Mtg:2nd Priority Sketch Plan OCT.18: REGULAR PC MEETING Finalize First Prioi ty.Sketch Plan Commence the 2nd Priority Sketch Plan NOV.01: REGULAR PC MEETING 2nd Priority Sketch Plan NOV.6: REGULAR MEETING Commence the 1st Priority Sketch Plan NOV.15: REGULAR PC MEETING Finalize 2nd Priority Sketch Plan �cRT�L� Fb� IASE D b/R1N� MTG., ARTICLE V Review Procedures s wl pRO�nv� Cow+nntrwr5 U►rtww� �. Division 1. Common Review Procedures-14o "1W CMWMAS S Sec. 16A-5-10. Purpose. H*q& -mm" 'rD TMS DoCN*W.-NT 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 how the Town processes land development applications and the activities an applicant may have to complete in order to obtain In general,the steps that comprise the common procedure are as follows: (1) Attend pre-application conference; -� AI.►. ps:;EV105irK STRIGVGGN (2) Submit application; -row HAS ,8e-sm vs � (3) Staff reviews application; _ rftr WITW flrV4).E 141091 NNG (4) Publish of public notice; '(pamWRe teNrs NEW T*XT (5) Action by decision-making board; and yl0NS&I ftD15b (6) Actions following development approval. The following sections of this Division describe the common procedures associated with each of these steps. (b) How the Common Procedure Applies to Particular Applications Table 5-1, Summary of Development Review Procedures, indicates how certain elements of the common procedure apply to each type of application.It describes whether the pre-application conference is mandatory or optional for each type of application, which 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) 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 tall Report Hearing By Review Body(ies) Approve, Approve Conditionally, Table, or Deny Application Submit Documents For Recordation (when applicable) Apply for Building Permit 2 TABLE5.1 SUMMARY OFDEVELOPMENTREVIEW PROCEDURES Applicadon>Type>- Pee- - .Rbleof-.Recommendilig�(R);r, PublibblOtkoh Application° Decision-Making(DM)and Requlred?t Conference? Appeal(A)Bodies Staff, Planning Town Comm, Council- Interpretation(Sm 16A-1-70) ' Optional DM A No Amendment to Text ofDevelopment Optional R R DM Yes(for Town Code(Sep—,16A-5.2-10)or to thv- I Council second Official Zone pistrlct Map(See.16A-,i reading of 5-220) ordinance) PUD SketchTlan(Sec.,16A-5-320): Mandatory R R DM Yes(for joint meeting and for Town Council resolution) PUD Preliminary Plan(Sec.16A.5- Mandatory R R DM Yes(for Planning 340) Commission and Town Council) PUD Final Plan(Sec.16A.5-360y, Optional R DM No PUD Amendment(Sec.16A-5-390) Mandatory R R DM Yes(for Town Council) Special Review(See.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 DMZ A Yes' (See.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(Sec.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 board for administrative modification and special review applications. However, the staff may refer any administrative modification or special review application to the Planning Commission if 3 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 the applicant mite 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 to determine, in general,what provisions of this Development Code apply to the proposed development. (c) Contents of Pre-Application Conference. Items to be discussed during the pre-application conference include the following: (1) Applicant's proposal. The applicant shall 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 board or 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 shall provide the applicant with the names of contact persons at these agencies. (4) Application contents. The Planning Director 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 roject. (Ord.4-1998 §1) Sec. 16A-5-40. Submission of application. (a) Authorization 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. 4 (1) 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. (3) Disclosure of ownership. A 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%' 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(1 V x 17"), shall also be submitted. (7) Base fee. The application shall be accompanied by the applicable base fee from the Community Development Department'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 Development Department 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 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. 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. If the application is complete, the Planning Director shall certify it as complete,and assign the application an agenda date with the applicable review 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 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 application, the Planning Director shall distribute a copy of the report to each member of the review board and to the applicant,and shall make the report available to the public. (Ord.4-1998 §1) 6 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 a public hearing,and at what step during the review process that hearing shall occur. 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. (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 body 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&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 Interpretation. No No No Amendment to Text of 15 No No Development Code Amendment to Official- 15 30 15 Zone District Map 7 PUD Sketch Plan 10' 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 N IS 30 15 Special Review 31015 3015 15 Variance 30 30 15 Administrative No 15, No Modification Subdivision Exemption No No No Subdivision 30 30 15 Subdivision 30 30 15 Amendment Annual Temporary Use IS No IS Administrative No No No Temporary Use Comprehensive Sign IS 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. pfopos ng to adjust a build ng envelops,extend m an grade OF WOW 8 ads bt LIGN:11 into a F@qU Fed setbaok,obtain inter m SPA(SPA 1 and SPA �)author zat on of to amend a tiss n an approved PUD,pumumt to Soot on 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. 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 8 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 Development Department, 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 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 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 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 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, 9 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 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 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 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 board. f. Record of public hearing. The 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 board; the staff report and the decision of the body board shall constitute the record. (3) Action . After hearing the evidence and considering the comments of all persons interested in the matter,the decision-making board shall make its decision and findings and have them entered in its minutes. The decision-making 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. 10 a. Findings. In its findings, the decision-making 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 board,tabled pending receipt of additional information or denied. b. Copy to applicant. A copy of the decision-making 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 board may deny any application that remains inactive. An application may be deemed inactive and be denied when the decision-making 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 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 board. b. Written notice. The Planning Director shall provide 30 days in advance, written notice to the applicant stating the time,place and date when the decision-making 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 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 who testified at the public hearing on the application; or (3) Person who submitted written comments. Any 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 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 11 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 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 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 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 12 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. (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. 13 (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. (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. 14 (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•APPLICATIon CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF PUBLIC REVIEW NOTICE PUNNING COMMISSION MEEnNG TOWN COUNCIL FIRST READING OF ORDINANCE PUBLIC NOTICE TOWNCOUNGL 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 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 15 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. (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. 16 (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 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 17 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 11I,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 I11,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(2/3)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 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. c) Procedure. The following procedures shall apply to an application for a special review permit. 18 These procedures are illustrated in Figure 5-6, Special Review Application Proccdures. (1) Pre-application conference. Attendance at a pre-application conference is required 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,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 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. 19 FIGURE 5.6 SPECIAL REVIEW APPLICATION PROCEDURES PRE-APPUCATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF PUBLIC REVIEW NOTICE PLANNING DIRECTOR PUBLIC HEARING ACTION BY REFER APPLICATION PLANNING TO DIRECTOR PLAN.COMMISSION OR PUBLIC NOTICE AND HEARING BY PLAN.COMMISSION PIANNINO COMMISSION ACTION (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 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. (t) 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 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. 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: 24 (5) Crawl space or attic space. A crawl space or attic space that is greater than five and one-half (5'/s) feet at any point when rational construction methods will not allow compliance with the maximum height of five and one-half(5%z) 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-I and SPA-2) authorization. Improvements to existing development within Specially Planned Area (SPA-I 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 25 qutside 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 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 (22)Mylar 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. 27 FIGURE 5-8 ADMINISTRATIVE MODIFICATION APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF REVIEW PLANNING DIRECTOR ACTION REFERRALTO PLANNING DIRECTOR PLANNING COMMISSION OR DECISION (Ord.4-1998 §1;Ord. 1-1999 §1; Ord. 10-1999 §1) Sec. 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-I1, Temporary Use Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional prior to 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. h. 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 board. A complete copy of the application shall be forwarded to the decision-making 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 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. L� 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. 30 FIGURE 5.11 TEMPORARY USE APPLICATION PROCEDURES PRE-APPLICATION C/YONFERENCE (MANDATEC SUBMIT APPLICATION STAFF REVIEW ADMIN.TEMP.USE ANNUAL TEMP.USE ACTION BY PLANNING PLANNING COMMISSION DIRECTOR MEETING OR PUBLIC NOTICE TOWN COUNCIL PUBLIC HEARING TOWN COUNCIL \ ACTION (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. 112) 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) Notice of traffic disruption. Should the event involve major disruptions in normal traffic 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. 31 (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) 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 32 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 hazed 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 MlnorPUD. 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: New Development New Development • Contains more than four(4) Contains no more than four(4) dwelling/hoteViodge or other dwelling/hotel/ residential units. lodge or other residential units. • Contains more than four thousand Contains no more than four thousand 33 (4,000)sq.ft.of nonresidential space. (4,000) sq.ft.of nonresidential space. Additions/Re-Development Additions/Re-Development • Adds no more than six(6) • Adds more than six(6) dwelling/hotel/lodge 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 alternative 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? 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 34 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 16'A-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? 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 35 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 build out 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 storm water 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 rider ship 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 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? 36 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. 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? 37 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 board. If an applicant does not submit the requested materials in a timely manner, the next prioritized application will be scheduled before that review 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 PUT)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 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. 38 (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 build out. The Comprehensive Plan contains an analysis of future build out 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 build out analysis. The Town Council may approve a build out that is less than or greater than eighty-five percent(85%), based on the following standards: a. Lesser build out. A lesser build out 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 build out, (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 build out 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 build out. A greater build out, 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; d. Minimum area of lots within the PUD; and e. Minimum setbacks for buildings within the PUD. 39 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 build out for a PUD may exceed eighty-five percent(85%)of that identified in the build out analysis and whether any of the parcel's dimensional limitations should be varied: a. Provision of restricted housing. A parcel's maximum build out 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 build out 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 build out 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 build out 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 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 40 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. (g) 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. Internal pathways. Internal 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 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 41 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. 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. 42 (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 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. 43 (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. 44 FIGURE 53 SKETCH PUD APPLICATION PROCEDURES PRE4PPLICATION CONFERENCE (MANDATORY) SUBMIT APPLICATION STAFF PUBLIC REVIEW NOTICE JOINT PLAN.COMMJ TOWN COUNCIL PUBLIC HEARING PLANNING COMMISSION RESOLUTION PUBLIC HEARDIO NOTICE PUBLIC NEARING& TOWN COUNCIL RESOLUTION AUTHORIZE DIRECTAPPLICANT SUBMISSION OF TO SUBMIT PRELIMINARY PUN NEW SKETCH PLAN 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 he 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). 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 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. 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 APPLICATION PROCEDURES PRE•A CONFERENCE tOPTIONAL) SUBMIT APPUCATION I STAFF PUBLIC REVIEW NOTICE PUNNING 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. 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 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 ('h6" = 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 ('/16" = 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'/:) 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 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 - 8.0 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. 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 Development Department)for links in the transportation network. It. 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 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. It. 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 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 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. 57 FIGURE 5-5 FINAL PUD APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (OPTIONAL) SUBMtr APPLICATION STAFF REVIEW PLAN.COMM. ACTION (IF REOUIRED) 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. 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 hereinbelow. 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) Sec. 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 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 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-5410. 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. 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-5-420. 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 Development Department, 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. 64 FIGURE 5-10 SUBDIVISION APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (MANDATORY) SUBMIT APPLICATION F STAFF REVIEW PLANNING COMMISSION MEETING PUBLIC NOTICE TOWN COUNCIL PUBUC� TOWN COUNCIL ACTION (Ord.4-1998 §1) Sec. 16A-5-430. 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 he 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. (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 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. 'Be 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. 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. 'Be 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. 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-5460. Vacation of recorded plat. Vacation of a recorded plat,or portion thereof,such as a public right-of-way or a dedicated easement, 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-540(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 Development Department, 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 Sec. 16A-5-500. Exemptions authorized. 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) Condommiumization 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. 71 FIGURE 5-9 SUBDIVISION EXEMPTION APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (OPTIONAL) I Suakin APPLICATION STAFF I REVIEW TOWN COUNCIL 1 ACTON (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 et. 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 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) See. 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) 73 i .U,iVaxu..�1. Affordable Housing Annual Revenue Estimates Pitkin Distributions to County City of Snowmass Cost to Total Aspen Village Basalt Pitkin County Homeowner Businessowner Fair-share fee alternatives 100%mitigation, no exemptions $ 4,600,000 $63,910 per employee generated (a lower percentage goal or increased exemptions would reduce annual amount) $9,000a 517.1x. 595,965 b$639.100 W 1.000 N a psf 1,0003q ft. rrraasirq wllh sits depWWW5 W W"S&type Property tax alternatives Optional distribution based on assessed valuation: Current annual revenue from 1.0 mill levy $ 1,380,000 $ 580,000 $ 280,000 $ 30,000 $ 490,000 $ 9.74 $ 29.00 ' per$100,000 market value 20-year debt supportable by current 1.0 mill levy' $ 14,890,000 $ 6,280,000 $ 3,010,000 $ 290,000 $ 5,310,000 Use lax alternatives(3%maximum on construction materials only Mandatory distribution based on sales tax sharing(unless otherwise agreed): Current annual revenue from 1.0%use tax $ 600,000 $ 258,000 $ 77,000 $ 7,000 $ 258,000 $ 500 $ 500 annual fixed collection costs $ 170,000 per$100,000 construction cost issuing debt to be repaid from property tax is advantageous if land/construction costs continue to inflate at 15%annually while interest rates on 20-year municipal debt are less than 6% however,general obligation debt is limited to 3%of Pitkin County's assessed value= $ 41,367,830 will increase with assessed valuation subtract: -outstanding debt (10,100,000) win decrease as debt is repaid -open space debt authorized but unissued (17,760,000) likely to be issued within next year remaining general obligation debt limit $ 13,507,830 gross debt per 1 mill property tax for housing $ 15,200,000 (the difference b(elween the gross debt and the net proceeds shown above for affordable housing is the wsl or issuing the debt) 7r27roo 2000_Dalblx15 Affordable Housing Annual Revenue Estimates Pitkin Distributions to County City of Snowmass Cost to Total Aspen Village Basalt Pitkin County Homeowner Businessowner Fair-share fee alternatives - 100%mitigation, no exemptions $ 4,600,000 $63,910 per employee generated (a lower percentage goal or increased exemptions would reduce annual amount) West b$17.124 195,865 b$639.100 pv 1,000 N a per 1.000 N a rrrusirg wm was d"WWQ on WS S&ryps Property tax alternatives Optional distribution based on assessed valuation: Current annual revenue from 1.0 mill levy $ 1.380,000 $ '580,000 $ 280,000 $ 30,000 $ 490,000 $ 9.74 $ 29.00 20-year debt supportable by current 1.0 mill levy' $ 14,890,000 $ 6,280,000 $ 3,010,000 $ 290.000 $ 5.310,000 per$100,000 market value Use tax alternatives(3%maximum on construction materials only) Mandatory distribution based on sales lax sharing(unless otherwise agreed): Current annual revenue from 1.0%use lax $ 600,000 $ 258,000 $ 77,000 $ 7,000 $ 258,000 $ 500 $ 500 annual fixed collection costs $ 170,000 per$100,000 construction cost issuing debt to be repaid from property tax is advantageous if land/construction costs continue to inflate at 15%annually while interest rates on 20-year municipal debt are less than 6% however,general obligation debt is limited to 3%of Pitkin County's assessed value= $ 41,367,830 will increase with assessed valuation subtract: -outstanding debt (10,100,000) vdtl decrease as debt is repaid -open space debt authorized but unissued (17,760,000) likely to be issued within next year remaining general obligation debt limit $ 13,507,830 gross debt per 1 mill property tax for housing $ 15,200,000 (the difference Iween the gross debt and the net proceeds shown above for affwdable housing is the cost of issuing the debt) nnroo 2000_Datblxls ws TOWN OF SNOWMASS VILLAGE APPLICATION FOR ADDITIONAL FLOOR AREA UNDER THE EXCISE TAX OWNER INFORMATION–to be completed by applicant OWNER(S): PHONE: MAILING ADDRESS: FAX#: CITY: STATE: —ZIP: PROPERTY DESCRIPTION–to be completed by applicant SUBDIVISION: LOT NUMBER: STREET ADDRESS: SUBMITTAL REQUIREMENTS–to be completed by applicant CURRENT PLANS OF EXISTING IMPROVEMENTS PLANS OF PROPOSED IMPROVEMENTS AMOUNT OF FLOOR AREA REQUESTED: sq.ft. APPLICATION FEE OF$350.00 TYPE OF IMPROVEMENT(S) FOR WHICH THE ADDITIONAL FLOOR AREA REQUESTED WILL BE USED: FLOOR AREA RATIO(F.A.R.)INFORMATION-to be completed by Planning Division MAXIMUM ALLOWABLE F.A.R. OF LOT: AMOUNT OF F.A.R. REMAINING: sq.ft. (1)ACTUAL PITKIN COUNTY VALUE OF EXISTING IMPROVEMENTS: $ COUNTY CHECK (2)TOWN OF SNOWMASS VILLAGE FLOOR AREA OF EXISTING IMPROVEMENTS: sq.ft. AMOUNT OF EXEMPT FLOOR AREA IN PROPOSAL: sq.ft. FIELD CHECK (3)AMOUNT OF FLOOR AREA CALCULATED IN THE FLOOR AREA EXCISE TAX:_ sq.ft. EXCISE TAX CALCULATION-to be completed by Planning Division (1) VALUE OF EXISTING IMPROVEMENTS: $ – (2) FLOOR AREA OF EXISTING IMPROVEMENTS: sq.ft. _ VALUE OF EXISTING IMPROVMENTS PER SQUARE FOOT: S x 0.70 = COST PER SQUARE FOOT FOR THE FLOOR AREA EXCISE TAX: $ x sq.ft. (3)AMOUNT OF FLOOR AREA CALCULATED= $ Applicant pays this amount to the Town PLANNING DIRECTOR APPROVAL Approved_Denied_ Planning Director Date Amt. Pd $ Check# Invoice# Cashier Initials A BUILDING PERMIT MUST ISSUE UNDER THIS APPLICATION WITHIN 60 DAYS FROM DATE OF ISSUE OR THE APPLICATION WILL BE VOIDED AND THE FEE REFUNDED. Pf.Forms\FAETax Application Form Dra(t.A00.doc PLANNINGAND BUILDING DEPARTMENT P.O.BD SNOWMASS VIL T AGE 5010 . , EXCISE TAX REPORT SNOWMA SS VILLAGE, CO 81615 (970)913-5514 Application BPA ID: Date: Subdivision Title Lot Street Address: Reciept# Excise SgFt Price/SgFt Total Excise: Date Paid Paid 4470.2 07/19/2000 WOODRUN II 1 1775 WOOD RD 83 $133.76 $11,102.08 06119/00 4502 04/17/2000 MELTON RANCH II 37 590 MEADOW ROAD 14578 304.7 $67.41 $20,539.83 08/10/00 4525 05/15/2000 THE PINES 42 0621 PINE CREST DRIVE 500 $392.05 $196,025.00 07/19/v0 4526 05/16/2000 TWO CREEKS 29 0027 TIMBER RIDGE LANE 414 $364.84 $151,043.76 06/28/00 4527.1 07/10/2000 RIDGE RUN 1 1 397 FARAWAY ROAD 511 $159.02 $81,259.22 06/27/00 4549 06/13/2000 RIDGE RUN 1 59 921 FARAWAY ROAD 439.4 $148.14 $65,092.72 07/20/00 Paid Totals: 2252.1 $1,265.22 $525,062.60 Not Paid 4183.2 07/06/2000 THE PINES 29 0568 MOUNTAIN CREST LANE 85.5 $389.73 $33,321.92 4569 07/21/2000 TWO CREEKS 44 0083 EAST FORK LANE 550 $392.05 $215,627.50 Not Paid Totals: 635.5 $781.78 $248,949.42 Grand Total: 2887.6 $2,047.00 $774,012.02 �Y O 14-Aug-00 Page 1 of 1