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Town Council Ordinance 31 1983b,Y 1 m BfIDYi TOWN OF SNOWMASS VILLAGE !! TOWN COUNCIL LORF:TTA BAHNER ORDINANCE NO. 31 FITKIIN C7t , RECORDER SERIES OF 1983 AN 5 11 43) AN AN ORDINANCE AMENDING ORDINANCE NO. 8, SERIES OF 1980, AS PREVIOUSLY AMENDED, BY APPROVING CERTAIN AMENDMENTS TO THE FINAL PLANNED UNIT DEVELOPMENT PLAN FOR THE SNOWMASS CLUB SUBDIVISION APPROVED PURSUANT TO SAID ORDINANCE NO. 8. WHEREAS, the Town Council previously approved the Final Planned Unit Development Plan for The Snowmass Club Subdvision by Ordinance No. 8, Series of 1980, on March 31, 1980; and WHEREAS, The Snowmass Company, Ltd., The Snowmass Club Partnership, Ltd. and The Centennial Group, Inc. have requested amendments to Ordinance No. 8, Series of 1980, and the Final Planned Unit Development Plan for The Snowmass Club Subdivision, as previously amended; and WHEREAS, the Joint Planning Annual Review Session of 1981, to encourage the development of more affordable employee housing, recommended that The Centennial Group, Inc. and The Snowmass Company, Ltd. discontinue future development of mixed unrestricted and restricted residential units in the Snowmass Club Subdivision; and WHEREAS, the Town of Snowmass Village has received requests for increases in the floor area ratios of certain residential units in Parcels 1 and 3 of the Snowmass Club Subdivision to allow expanded decks; and WHEREAS, the individual increases should be included within the total allowed floor area ratio for Parcel 1 of the Snowmass Club Subdivision; and WHEREAS, to facilitate the consideration of such requests, the Town has proposed amendments to the Final Planned Unit Development Plan for the Snowmass Club Subdivision, as amended; and WHEREAS, following review of the proposed amendments, the Town Council has found that the amendments are reasonable, that the amendments will not adversely affect the public health, safety and welfare and ought to be approved; and WHEREAS, the Town Council finds that the amendments set forth hereinbelow are consistent with the Snowmass Village Master Plan, the objectives of Planned Unit Development, the Planned Unit Development evaluation standards and all other zoning regulations not subject to variation by Planned Unit Development ordinances and ought to be approved; and WHEREAS, public hearings were held before the Town Council of the Town of Snowmass Village, Colorado on October 31, 1983 and December 19, 1983. Section One. That Ordinance No. 8, Series of 1980, as amended is hereby further amended as follows: (a) That paragraph (h) of Section 3 be amended to read: A tennis bubble will be maintained by The Company, or its successor or assign specifically designated as such by an instrument executed by The Company and records in the records of the Clerk and Recorder of Pitkin County, until such time as the construction of the proposed indoor courts has begun. A minimum of eleven (11) outdoor tennis courts and a regulation 18 -hole golf course will be operated by The Company or its successor or assign specifically designated as such by an instrument executed by The Company and recorded in the records of the Clerk and Recorder of Pitkin County. The Town Council shall have the right to approve any assignment or transfer of ownership and operating responsibility to insure that the transferee or assignee has adequate experience and financial resources to successfully operate the tennis courts and golf course. The Town Council hereby approves the previous assignment of the tennis facility to the Snowmass Club Partnership. (b) That paragraph (i) 1 of Section 3 be amended by substituting the word "annually" for the words "September 15 of each year." (c) That paragraph (i) 2 of Section Three is amended by changing the number and type of restricted units to be developed on various parcels as follows: Parcel 1 -- (Country Club Homes) 14 Parcel 3 -- (Club Villas and Villas North) 40 Parcel 6 -- (Anderson Ranch) 56 110 (Six restricted units have been sold on the free market pursuant to Town approval.) (d) That paragraph (i) 3 of Section Three is deleted. Section Two. That the Final Planned Unit Development Plan, filed in the Office of the Clerk and Recorder of Pitkin County on the 16th day of April, 1980, in Plat Book 9 at Pages 39 and 40 is hereby amended as follows: (a) That the General Note 4 be amended by substituting the word "annually" for the words "September 15 of each year." (b) That the General Note 4 be amended by deleting the paragraph which reads: Annual Pace. The restricted Units shall be developed on the following schedule pro rata with the development of unrestricted units. Unless otherwise mutually agreed upon by the Town and the Company, the pace will be: (,c) That General Note 9 is deleted. (d) That General Note 10 is amended to read: "Restricted units within The Snowmass Club PUD shall be credited towards the Developer's allotment for restricted permanent moderate housing under the provisions of Ordinance No. 17, Series of 1978." (e) That General Note 11 is deleted. -2- 1980 1981 1982 1983 1984 Total Villas East 0 30 - - - 30 Country Club 9 9 5 7 8 30 Club Villas 8 8 8 8 8 40 Anderson Ranch - - - - 10 10 17 47 13 15 18 110 (,c) That General Note 9 is deleted. (d) That General Note 10 is amended to read: "Restricted units within The Snowmass Club PUD shall be credited towards the Developer's allotment for restricted permanent moderate housing under the provisions of Ordinance No. 17, Series of 1978." (e) That General Note 11 is deleted. -2- Boom 8 'r545 (f) That the Parcel 1 -- Permitted Uses be amended to read: "94 residential units, 80 unrestricted, 14 restricted, and an associated maintenance facility not to exceed 800 square feet." (g) That the Parcel 1 -- Maximum Number of Dwelling Units be amended to read: 94 (h) That Parcel 3 -- Minimum Open Area be amended to read: "5.43 acres." (i) That Parcel 3 -- Maximum Parking and Driveway Ground Coverage be amended to read: "2.61 acres." (j) That Parcel 3 -- Permitted Uses be amended to read: "110 Residential Units, 70 Unrestricted 42 Restricted 4,000 square feet of Conference Space Uncovered Surface Parking for the Benefit of Parcel 4 not to exceed 100 spaces." (k) That Parcel 3 -- Maximum Number of Dwelling Units be amended to read: "110." (1) That Parcel 4 be amended by the addition of a new section which reads as follows: "Maximum Floor Area Ratio: .138" (m) That Parcel 5 - Permitted Uses be amended to read: "20 unrestricted residential units and an associated maintenance facility not to exceed 600 square feet." (n) That Parcel 5 - Maximum Number of Dwelling Units be amended to read: "20". (o) That Parcel 6 - Maximum Building Height be amended to read: "shall be three stories, including habitable basement area, which shall not exceed 37 feet above natural grade." (q) That Parcel 6 - Permitted Uses be amended to read: "46 Restricted Residential Units." (r) That Parcel 10 - Gross Land Area is amended to read: "187.80 acres." (s) That Parcel 10 - Net Land Area is amended to read: "187.80 acres." (t) That Parcel 10 - Permitted Uses be amended to read: "Golf Course Open Space Recreation Tree Farm Pro Shop not to exceed 1,200 square feet." (u) That Parcel 13 Permitted Uses be amended to read: "Permitted Uses: Cultural Facilities, are gallery and related office space. Three Associated Residential Dwellings Open Space" (v) That Parcel 13 -- Existing Building Square Footage be amended to read: "9050 square feet." (w) That Parcel 13 -- Existing Dwelling Units be amended to read: 113.11 -3- Boa 458 PAGE546 (x) That Parcel 13 -- Existing Parking Ground Coverage be amended to read: "0.00 acres." (y) That Parcel 13 -- Existing Uses: "Anderson Ranch Arts Center." (z) That Parcel 14 -- Permitted Building Square Footage be amended to read: "13,000 sq. ft." (aa) That Parcel 14 -- Existing Building Coverage be amended to read: ".05 acres." (ab) That Parcel 14 -- Existing°Dwelling Units be amended to read: "0." (ac) That Parcel 14 -- Existing Parking Coverage be amended to read: ".45 acres." (ad) That Parcel 14 -- Existing Uses be amended to read: "Professional Offices." Section Three. The Town acknowledges that the Centennial Group, Inc. and The Snowmass Company, Ltd. have, by approval of The Snowmass Club PUD by Ordinance 8, Series of 1980, satisfied the requirements, contained in Section B. (paragraph 4) and Section C (paragraph 2(a)) of Exhibit 2 to Ordinance 17, Series of 1978 for the development of a program for development of 50 permanent moderate income housing units. The change in zoning of Villas East (Parcel 5) from restricted housing to unrestricted housing and of Anderson Ranch (Parcel 6) from unrestricted and restricted housing to restricted housing continues to satisfy the requirements, contained in Section B (paragraph 4) and Section C (paragraph 2(a)) of Exhibit 2 to Ordinance 17, Series of 1978 for the development of a program for development of 50 permanent moderate income housing units. Section Four. Conditions. The approval of amendments to the Snowmass Club Planned Unit Development as set forth in Section One above, are expressly conditioned upon the following: (a) The execution by The Snowmass Company, Ltd. and the Centennial Group, Inc. of an Agreement whereby both entities, jointly and severally, commit to the construction of parking spaces in compliance with the plan attached hereto as Exhibit A, which construction shall be complete no later than 6 months after the issuance of the first Certificate of Occupancy for the next phase of the Club Villas condominiums or December 31, 1986, whichever first occurs. (b) That the Centennial Group, Inc. shall submit a parking plan with the next detailed final plat for Parcel 3 to accommodate the additional parking requirements caused by the addition of conference space to Parcel 3. Section Five. That at the request of the Town Council, and upon the consent of The Snowmass Company, Ltd. and the Centennial Group, Inc., the final planned unit development plan filed in the office of the Clerk and Recorder of Pitkin County on the 16th day of April, 1980 in Plat Book 9 at pages 39 and 40 is hereby amended as follows: (a) That Parcel 1 be amended by the addition of a new section which reads as follows: "Maximum Floor Area -- After Final Plat Approval, no additional structures shall be added or constructed other than those approved by final plat approval, except for on -grade uncovered decks which do not exceed ten percent (10%) of the square footage of the unit to which such deck is appurtenant." (b) That Parcel 3 be amended by the addition of a new section which reads as follows: -4- pmox 458 om[547 "Maximum Floor Area -- After Final Plat Approval, no additional structures shall be added or constructed other than those approved by final plat approval, except for on -grade uncovered decks which do not exceed ten percent (10%) of the square footage of the unit to which such deck is appurtenant." (c) That Ordinance No. 8, Series of 1980, as amended, is hereby further amended by changing paragraph (m) thereof to read as follows: (m) Detailed Final Plat Review. There is hereby granted through December 31, 1990, an extension of the time requirements for presenting to the Town detailed final plats for the Snowmass Club Subdivision. This PUD Ordinance shall constitute the zoning for the Snowmass Club Subdivision. Detailed final plats, including required dedications and subdivision improvement agreements, shall be submitted and reviewed by the Town as provided below prior to the issuance of any building permits. Further, detailed final plats and consequently the subdivision improvement agreements, public dedications and related documentation shall be submitted and may be approved in annual phases, but the completion of the construction of non-public improvement for one phase is not a pre -condition for the submission and approval of the plat for the next phase. Any transfer of ownership of land within the Snowmass Club PUD prior to detailed final plat approval shall be conditioned on the Company's individual General Partners' retaining the obligation for the filing of the detailed final plat for each parcel as agents for the owner and proof of same to the Town Planner. 1. Pre -submission Architectural Review. Prior to the submission of any detailed final plat, the Company shall schedule a work session with both the Planning Commission and the Town Council to present the architectural, site plan and landscape concept intended for the particular parcel. The Company is encouraged not to submit final designs, plans and specifications, but rather to submit a sufficient degree of detail to accurately illustrate the design concept intended to be submitted with the detailed final plat. 2. Action on Detailed Final Plat. Each detailed final plat shall be reviewed and processed in accordance with the provisions of Section 13 of the Town's Subdivision Regulations which were in existence on March 31, 1980, except that copies of all submission data shall be provided to the Planning Commission which shall be entitled to review and comment on the submission, provided that such comments are received by the Town Council prior to its final action on the plat. INTRODUCED, READ AND ADOPTED ON FIRST READING by the Town Council of the Town of Snowmass Village, Colorado on this 21st day of November, 1983, by a vote of 5 to 1. Desmond opposed. Jones abstained due to his position as resident manager of the Club Villas. INTRODUCED, READ AND ADOPTED ON SECOND READING by the Town Council of the Town of Snowmass Village, Colorado on this 19th day of December, 1983, by a vote of 5 to 0. Councilmember Jones abstained due to his position as resident manager of the Club Villas. p Q1,4 ATTEST4`" n 5101u*"llu san uarrison, sown cie -5- TOWN OF SNOWMASS VILLAGE, COLORADO By Jefferson Tippett, Mayor PROOF OF PUBLICATION: ORDINANCE NO. 31 SERIES OF VILLAGETHE SNOWMASS Box 0 Sn®wmass-Villagel, CO81611 STATE OF COLORADO County of Pitkin /16 do solemnly swear that I am the�l �� 7 r �� ��C �����oo� of THE SNOWMASS SUN; tha the same is a weekly newsp per printed, in whole or in part, and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been addmitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newpaper is a weekly newspaper duly qualified for publishing legal notices and ,rtisements with the meaning of the laws of the State of t__,orado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of consecutive insertions; and that the first publication of said notice was in the issue of said )� / newspaper dated A.D., 19 and that the last publication of said notice was in the issue of said newspaper dated k. D., 19 Subscribed and sworn to before me, a notary pu is in and f or the County of Pitkin, State of Colorado, this Y of D., 19- �ti Notary Public My commission expires Copy of Notice