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Town Council Resolution 04 2013TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION No. 04 SERIES OF 2013 A RESOLUTION REGARDING THE CARRIAGE SUBDIVISION PLAT FOR THE CARRIAGE WAY APARTMENTS SITE (250 CARRIAGE WAY). WHEREAS, Carriage LLC ("Applicant"), as represented by the Law Offices of Paul J. Taddune, P.C., submitted on October 4, 2012 a Subdivision Plat application and updated it on October 18, 2012 to address Staff completion review comments on October 16, 2012; and WHEREAS, pursuant to Resolution No. 31, Series of 2012, Town Council granted on November 19, 2012 a waiver of certain submission requirements requested by the Applicant within the meaning of Section 16A- 5- 50(a)(1) of the Town of Snowmass Village Municipal Code (Municipal Code), in particular engineering and landscaping plans required under Municipal Code Section 16A-5-430(4); and WHEREAS, the application proposes to subdivide the Carriage Way Apartments site to create one lot or parcel for the entirety of the site as described or illustrated in attachment Exhibit "A" incorporated herein; and WHEREAS, the Planning Commission, at a meeting on December 12, 2012, reviewed the proposal, considered the staff report, considered applicant and public comments, and finalized a decision with a recommendation to Town Council pursuant to Resolution No. 13, Series of 2012; and WHEREAS, a public hearing notice for the Town Council meeting on January 22, 2013 was printed in the Snowmass Sun on December 19, 2012; and WHEREAS, the Subdivision Plat application was processed in accordance with Sections 16A-5-400-440 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Findings. The Town Council, after carefully reviewing the application, the surrounding conditions, the staff report, and the Planning Commission recommendation, determined that the subdivision plat is compliant with the applicable review standards. Specifically, the findings are: TC Reso 04, 2013 Page 2 of 4 1. The Applicant submitted the application for the Subdivision Plat in accordance with the provisions of the Municipal Code. 2. The application adequately provided the "Application / Minimum Contents" required pursuant to Sections 16A-5-40 and 430, and it included written and graphic materials in sufficient detail to deem the application complete for referral and review. 3. Supplemental information acceptable for submission has been supplied by the Applicant during the review process for consideration mainly in response to Town staff comments and concerns. 4. All public hearing notification requirements, as specified within Section 16A -5- 60(b) of the Municipal Code, have been satisfied, including the submission of executed Affidavits for the mailing and posting of the public hearing notice. 5. The Applicant satisfactorily demonstrated compliance with the review standards in Section 16A-5-440 of the Municipal Code, subject to the Applicant's compliance with the conditions in Section Three below, because the proposed subdivision plat is: a) consistent with the intent of the Comprehensive Plan; b) compatible with the character of the existing land uses in the area and would not appear at this time to adversely affect the further development of the surrounding area; c) compliant with all other applicable provisions of the development code at this time; d) suitable for the existing apartment complex and possible re -development; e) in proximity to adequate public facilities, in particular for the existing apartment building; f) not creating inefficiencies with spatial patterns for the delivery of public services or facilities at this time, in particular for the existing apartment building; and g) not creating development in phases. Section Two: Action. The Town Council approves with conditions, as outlined in Section Three below, the Carriage Subdivision Plat attached hereto as Exhibit "A" incorporated herein, pursuant to Municipal Code Section 16A-5-420(6). TC Reso 04, 2013 Page 3 of 4 Section Three: Conditions. The Applicant shall comply with the following conditions: 1. The Applicant shall continue to adhere to the existing land uses and development parameters on record for the current 'SPA -1' zone district, unless the property is approved by the Town for re -zoning and/or other land use application(s) in the future. 2. The Town shall not acquiesce to or grant any waivers from the Municipal Code development standards or the expansions of legal nonconformities that might be caused by this subdivision plat together with any future proposed re -zonings and/or redevelopment plans for the property. 3. The Applicant shall complete, before the subject subdivision plat is executed and placed of record, all actions or matters including review comments that in the opinion of the Town Community Development Director or Town Attorney are necessary to satisfy or dispense with the requirements of the Municipal Code. Should problems arise that cannot be properly resolved at the administrative level, they shall be presented to Town Council for direction and final resolution. 4. Pursuant to Section 16A-5-420(8) of the Municipal Code, this subdivision plat by itself shall not confer upon the applicant the right to establish individual ownership interests within the area defined in this final approval by Town Council, 5. The subdivision plat shall be recorded in the records of the Pitkin County Clerk and Recorder's Office at the Applicant's expense. Section Four: Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on January 22, 2013 upon a motion by Council member Butler, the second of Council member Kucker, and upon a vote of 5 in favor and 0 against. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL Bill Boineau, Mayor TC Reso 04, 2013 Page 4 of 4 ATTEST: 4L��z &Z'Q) Rhonda B. Coxon, Town Clerk John C. Dresser, Jr., Town Attachments: Exhibit "A" — Location map and proposed subdivision plat Incorporated by Reference: r Application materials received October 4, 2012 and updated on October 18, 2012; r Staff report dated January 22, 2013 EXHIBIT "A" Town Council Resolution No. 04, Series of 2013 Page 1 of 2 i I n h MUM M "A" ownCouncil° i R Isoll ioil No 4�of Ser}mst o 01 I IVt Y x9 �.W 5 P ` 2 2 jiai. 8 C 8 5 ! b a x 10 big 31 gX 9 a K EG 5� 1, $5L b dd .gy p low ��� ���� ��� e �h�9� ;$09 gyp�� gm C � fi g� �5 M gnat �5q%� µt�..ms 6 z pp� G3dykJ P 5 �pg+bx in <p 1 s 1 1"" p��C� � B� G HOW � ��Y �' ttY�Y S8 �' d h 2 4 5 1410 �p7�} RF p d �„■n{ J/yyx�( py yf 18J (jj� };j5 }$y{CSb �( p N w M K J N d B Iib1 W O� OW i i A h �U 9� � �X13R �C� C� v �� pI •�i i \` S Mme. 51'1'��• 3'M1�} Y "� 4K bye C J �t. �G2St R { r x 3 R � R