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Town Council Resolution 22 2015TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION No. 22 SERIES OF 2015 A RESOLUTION CONCERNING WAIVER/DEFERRAL OF CERTAIN PRELIMINARY PLAN REQUIREMENTS FOR A MAJOR PUD AMENDMENT REGARDING BASE VILLAGE. WHEREAS, the Snowmass Acquisition Company, LLC ("SAC") and the Community Development Director ("CDD") held a Pre -application conference on the Base Village Major PUD Amendment Preliminary Plan application which was held on May 21, 2015 during which was discussed the request for waivers and deferrals of certain application requirements; and WHEREAS, on May 29, 2015 SAC submitted their Base Village Major PUD Amendment Preliminary Plan application which included a request to the Planning Director to accept computer-generated three-dimensional or other visual imagery in place of the block model and a deferral until Final PUD of the Homeowner's or condominium association documents; and WHEREAS, Municipal Code Section 16A-5-340(c)(2)(e) states, "The Planning Director may accept computer-generated three-dimensional or other visual imagery in place of the block model if it is felt that it would better aid the public and reviewing bodies to visually understand the spatial, mass, scale and visual relationships of the development to surrounding properties. A model may still be required during the course of the review process if determined necessary to adequately evaluate the development proposal." The Planning Director has determined that computerized visual imagery would better serve the review process and is in favor of waiving the 3- D block model requirement; 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 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 Attachment 1 to Staff Report dated July 6, 2015 TC Reso 22, 2015 Page 2 of 3 WHEREAS, the waiver and/or deferral requests by SAC were scheduled for consideration by the Town Council at its regular meeting on July 6, 2015. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Submission Requirements involving Waivers and Deferrals. The waivers and deferrals of certain Preliminary Plan submission requirements requested by SAC, as referenced in the attached Exhibit A from the Base Village Major PUD Preliminary Plan application, are hereby conditionally approved, as set forth below, 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 SAC satisfying the following Conditions: 1. The requested waivers and deferrals noted on the attached Exhibit `A' for: a) accepting computer generated three dimensional imagery in place of block models (Section 16A-5-340 (c)(2)(e)(3)); and b) deferring condominium association documents until Final PUD submission (Section 16A -5-340(c)(2)(1)) are hereby approved. 2. 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 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 July 6, 2015 upon a motion by Council Member Madsen, the second of Council Member Jacobson, and upon a vote of 4 in favor and 0 against. Council Member Shenk was absent. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL Attachment 1 to Staff Report dated July 6, 2015 TC Reso 22, 2015 Page 3 of 3 e Markey Butl , ayor ATT honda B. Coxon, Town Clerk APPROVED AS TO FORM: t J6b.nt. Dresser, Jr., Tow A torney Attachments: Exhibit A Item 33. Waiver/Deferral Request on Page 40, of Article II Written Description of Proposed Preliminary Plan of Base Village Major PUD Preliminary Plan application, submitted May 29, 2015.