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Town Council Resolution 29 2013WHEREAS, the Aspen Skiing Company ("ASC") and the Community Development Director ("CDD") held informal meetings to discuss the proposed application prior to the Pre -application conference which was held August 13, 2013; and WHEREAS, the CDD, in a written summary of the Pre -application conference issued August 20, 2013, determined that the proposed application was a Major Amendment to the Base Village Planned Unit Development ("BVPUD") pursuant to the Criteria for Classifying PUDs as Major or Minor in Table 5-3 of Section 16A-5-300 of the TOSV Land Use and Development Code ("LUDC"); and WHEREAS, ASC submitted a written appeal of the determination of the CDD classifying the proposed application as a Major Amendment to the BVPUD requiring the three-step application process (Sketch, Preliminary and Final PUD), and the Town Council heard the appeal of ASC pursuant to the provisions of 16A-5-80 of the LUDC on October 7, 2013; and WHEREAS, the Town Council agreed with staff's position classifying the proposal as a Major PUD Amendment, but waived the submission of the Sketch Plan for the Major PUD process, under the Major PUD Amendment LUDC provisions, pursuant to Resolution No. 28, Series of 2013; and WHEREAS, on October 18, 2013, and prior to formal submission of the Preliminary Plan application, ASC submitted a list of requested waivers or deferrals of certain Preliminary Plan submission requirements; and WHEREAS, Municipal Code Section 16A -5-50(a)(1) states, "The Town Council, upon the recommendation of the Planning Director, may authorize the waiver and/or deferral of the requirement to submit certain application items if determined that they are not necessary to commence review of the application"; and WHEREAS, Municipal Code Section 16A -5-50(a)(1) further states, "The authorization of the waiver or deferral request by the Town Council shall occur by adopting a resolution at a regularly scheduled meeting and shall reserve the right for TC Reso 29, 2013 Page 2 of 3 the Town to require that any material initially waived or deferred may be required to be submitted by the applicant at any time during the review process if needed to evaluate the applicant's proposal and WHEREAS, the waiver and/or deferral requests of ASC were scheduled for consideration by the Town Council at its regular meeting on November 18, 2013, to receive evidence and comment from Town Staff, ASC and to provide an opportunity for comment from the public. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Submission Reguirements involving Waivers and Deferrals. The waivers and deferrals of certain Preliminary Plan submission requirements requested by ASC, attached hereto as Exhibit "A" and incorporated herein by this reference, are hereby conditionally approved within the meaning of Municipal Code Section 16A -5- 50(a)(1). Section Two: Conditions of Waivers and Deferrals. The approval of this Resolution shall be subject to ASC satisfying the following Conditions: The requested waiver noted on the attached Exhibit `A' for a Fiscal Impact Analysis, is not waived but may be modified for targeted update as explained in Exhibit `A,' and the reports shall be submitted as part of the Preliminary Plan of the Major PUD Amendment application for referral and the review bythe Planning Commission and Town Council. 2. One requested deferrals noted on the attached Exhibit `A' for an Air Quality Analysis is conditionally granted depending on the results of the Transportation Impact Analysis (TIA). The TIA is not waived but may be modified for targeted update as explained in Exhibit `A,' and the report shall be submitted as part of the Preliminary Plan of the Major PUD Amendment application for referral and the review by the Planning Commission and Town Council. 3. Town Council reserves the right to require that any materials initially waived or deferred may be required to be submitted by the applicant at any time during the review process if needed to evaluate the applicant's proposal and the impacts on the Base Village project as a whole. Such determination by the Town Council shall occur in accordance with the procedure set forth in of Section 16A -5-50(a)(1) of the Municipal Code Section Three: 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 TC Reso 29, 2013 Page 3 of 3 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 November 18, 2013 upon a motion by Council Member Kucker, the second of Council Member Haber, and upon a vote of 4 in favor and 0 against. Council Member Jacobson absent. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL I 4C• • Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., TowOtto ey SNOWMASS ASPEN MOUNTAIN ABPFrd iiiGi:LAriDS €itiTrEFi,€iii October 18, 2013 Exhibit "A" ASPEN SKIING COMPANY TC Resolution No. 29, Series of 2013 Page 1 of 2 Mark Kittle Acting Director of Community Development Town of Snowmass Village PO Box 5010 Snowmass Village, Colorado 8165 Dear Mark: RECEIVED Snowmass Village Community Development Aspen Skiing Company would like to request the following waivers or deferrals of submission requirements as outlined in Section 16 A -5-340(c) (2) for our preliminary plan submission for Lot 2 of Snowmass Base Village: 1. Waive (c) comparison to sketch pian since there will not be any sketch plan review. 2. In paragraph (e) (3) we are requesting that the Planning Director accept computer generated three dimensional imagery in place of block models. 3. In reference to (e) (4) Colors and materials we are requesting a waiver as we intend to use the same materials and colors as originally approved. We will provide photos of the approved submittals of which the physical samples the town has in its possession. 4. In reference (g) fiscal impact report we are requesting a waiver to provide a full fiscal impact report and in its place we will provide a Lot 2 targeted update on the revenue impacts to the Town and taxing districts including the metro districts and Base Village Master Associations. 5. Waive (h) Solid Waste Plan. No material impacts from the original approvals are anticipated. 6. Waive (j) Proximity to Ski Lift. The buildings are not moving from the original siting. 7. Defer (1) Condominium association documents to Final Review. 8. Waive (n) clearing, grading and drainage plans. These items have all been reviewed and are in place. 9. In reference to (o) Transportation impact analysis we are requesting a waiver to provide a full report and in its place we will provide a Lot 2 targeted update primarily concentrating on the trip generation and transit ridership due to replacing 39 condominiums with 102 hotel rooms. 10. Defer (p) Air Quality analysis and if the transportation update yields no significant increase then we would request this be waived. 11. Waive (q) Geologic report. The proposed development will occur above the already constructed podium which was previously approved and designed for these structures. 12. Waive (r) Brush Creek impact report. This report was previously submitted and the proposed changes to Lot 2 do not create any additional impact on Brush Creek. 13. Waive (s) Wildlife Habitat Analysis. The proposed changes to Lot 2 will not create any additional wildlife impacts. 14. Defer (t) Construction Management Plan until Final Plan submission. 15. Waive (u) Adequate public facilities report. We will provide an updated letter from SWSD regarding sewer and water however all other aspects of the items listed in this section were previously studied and designed into the infrastructure already in place within the village. P.O. Box 1248 Aspen, CO 81612-1248 970.925-1220 www,aspensnowmass.com E� -, Exhibit , Page 2 of Additionally, when the application is deemed complete and the review process initiated we would like to request that town council at the joint meeting that will be held at a future date that the town council consider Section 16A-5-340 (d)(1), (2) and section (f) is also considered which allows for the concurrent review of the application by Town Council and Planning Commission with planning commission directing its review to those ardbs identified at the joint meeting as components which town council wanted detailed recommendations. Sincerely, Don Schuster VP Hospitality Development cc: John Dresser Jim Wahlstrom Gary Suiter Mike Kaplan Gert Van Moorsel