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Town Council Resolution 22 2010TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION No. 22 SERIES OF 2010 A RESOLUTION CONCERNING A MINOR RE -SUBDIVISION PLAT AND AMENDED CONDOMINIUM MAP OF PARCEL C, SNOWMASS MOUNTAIN CONDOMINIUMS, TO CREATE PARCEL M. WHEREAS, the Town Council was scheduled to consider on July 19 and August 2, 2010 Ordinance No. 10, Series of 2010 (Ordinance 10) concerning the accompanying Snowmass Mountain Condominiums Minor Planned Unit Development (PUD); and WHEREAS, during the review by Town Council of the accompanying Minor PUD Amendment at continued public hearings, the applicant submitted supplemental information dated June 18 and July 7, 2010 including a Re -plat drawing clarifying their proposed intent of a "discrete parcel" for future -phase Building M pursuant to the text in the Minor PUD Amendment application; and WHEREAS, the Applicant submitted supplemental information or updates related to the re -subdivision or amended condominium map platting to clarify or amend the accompanying Minor PUD Amendment application as well as respond to Town Staff and Town Council comments, issues and concerns; and WHEREAS, as more particularly described on Exhibit "A," enclosed and incorporated herein by this reference, is the re -subdivision and amended condominium map platting of Parcel C of Snowmass Mountain Condominiums to create a Parcel M for the proposed future -phase Building M pursuant to the accompanying Minor PUD Amendment and Ordinance No. 10, Series of 2010; and WHEREAS, the Town Council reviewed the supplemental re -subdivision plat information concurrently with the associated Minor PUD Amendment during scheduled continued public hearings on June 7, July 6, July 19 and August 2, 2010 to review the application pursuant to Section 16A-5-450 of the Municipal Code, consider the recommendations of Town Staff, and receive public comment thereon. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Findings. Based upon the information contained in the re -subdivision plat supplemental information with the accompanying Minor PUD Amendment for Snowmass Mountain Condominiums, along with the documentation and testimony in the public record, the Town Council finds that: TC Reso. 10-22 Page 2 of 5 1) The Applicant submitted the application for a combination minor re -subdivision and amended condominium map accordance with the provisions of the Snowmass Village Municipal Code ("Municipal Code"). By the supplemental submissions on June 18 and July 7, 2010, the re -subdivision plat portion of the Minor PUD Amendment application was deemed complete for referral or review purposes, because such information provided a re -plat drawing and addressed the review standards in subsection (3) of Section 16A-5-450, Amendment of final plat. 2) The minimum submission requirements were met and provided in the accompanying Minor PUD Amendment application pursuant to Section 16A -5- 40(b), Minimum contents. 3) The future -phase Building M with reference to a Parcel M on the accompanying PUD site plan was adequately reviewed by the Planning Commission via Resolution No. 2, Series of 2010, as it was consistent with the consideration of the Minor Re -plat review by the Town Council. 4) Public notification requirements were met in accordance with the requirements of Section 16A -5-60(b) of the Municipal Code pursuant to the concurrent and accompanying review of the Minor PUD Amendment. 5) Parcel C of the Snowmass Mountain Condominiums was previously platted as part of a "Condominium Subdivision" re -plat or the split of the property into three parcels and condom iniumization of the northern most Parcel A in January 1974 under Pitkin County rules prior to Town incorporation. 6) Parcel C was subsequently condominiumized by a replat in April 1977 under Pitkin County rules prior to Town incorporation. 7) The applicant represented that the re -plat of Parcel C to create Parcel M was for the purpose of financing capital improvements on the property. 8) The combination minor re -subdivision and amended condominium map for Parcel C to create Parcel M, as further described or illustrated in enclosed Exhibit "A," is consistent with Section 16A-5-450(3), Review standards, of the Municipal Code, because it: a) Is consistent with or an enhancement of the original subdivision approval in that the previous re -platting similarly showed multiple parcels and incremental condominium mapping that appeared to represent the phasing of the development in the 1970s; b) Has no adverse substantial adverse impacts on the surrounding neighborhood; TC Reso. 10-22 Page 3 of 5 c) Does not change the basic character of the subdivision or surrounding area; and d) Complies with other applicable provisions of the Municipal Code, including that: i) A variation to reduce the size of Parcel M to 5,050 square feet (50'x 101') from the requirement of 10,500 square feet per the underlying `MF' zone district in order to house a potential future -phase Building M to contain a maximum of three (3) units and a total of nine (9) bedrooms was accounted in accompanying Ordinance No. 10, Series of 2010, regarding the associated Minor PUD Amendment. ii) A reduction in the size of Parcel C from 1.11 acres or 48,351 square feet to 0.99 acre or 43,301 square feet by the extraction of Parcel M containing 0.12 acre or 5,050 square feet would continue to satisfactorily meet the minimum lot size requirement of 42,000 square feet, pursuant to the underlying `Multi -Family' zone district, in housing the existing 18 units and 42 bedrooms in Buildings J/K and L. Section Two: Action. Pursuant to the findings stated in Section One of this resolution, the Town Council approves the combination minor re -plat and amended condominium map to create Parcel M on Parcel C of Snowmass Mountain Condominiums, subject the applicant addressing or implementing the conditions in Section Three below. Section Three: Conditions. As part of the action above, the following conditions shall be addressed, complied with or implemented by the Applicant: Conditions pertaining to Replat: 1) Following execution, this resolution and its exhibits shall be recorded, at the Applicant's expense, with the Pitkin County Clerk and Recorder. 2) All prior plat notes, restrictions, easements and rights-of-way of record shall remain and will be shown upon the accompanying re -plat unless they are no longer applicable, or have been restated, relocated or relinquished by all parties having interest. The easement for the re -aligned access driveway (Upper Woodbridge Road) shall be re -granted or restated with the same beneficiaries having interest in the easement in addition to providing access to new Parcel M prior to the completion and re -opening of reconstructed Upper Woodbridge Road. 3) The Town of Snowmass Village shall not accept any obligation for financing, construction or maintenance of improvements on Upper Woodbridge Road on the site. TC Reso. 10-22 Page 4 of 5 4) The condom iniumization of Parcel M is permitted subject to the development rights set forth by the Development Agreement and Ordinance No. 10, Series of 2010, and the condom iniumization of Parcel M will be part of the overall Snowmass Mountain Condominiums association. 5) The Applicant shall complete all actions or matters, which in the opinion of the Planning Director and the Town Attorney, are necessary to satisfy or dispense with the completion, execution and/or recording of all documents, including the affected Development Agreement in associated Ordinance No. 10, Series of 2010, and Exhibit 1 of the new Trail Easement, that are necessary to implement the conditions of this Resolution and the requirements of the Municipal Code, before the subject re -plat is executed and placed of record or as deemed applicable by the Town Attorney. Should disagreements arise that cannot be resolved between Town Staff and the Applicant, the matter shall be referred to the Town Council for direction or a final determination. 6) The Applicant shall amend the subject replat and submit print copies to address the review comments from Town staff comments for review by the Planning Director and the Town Attorney, and following staff clearance subsequently submit two (2) applicant/owner executed photographic mylars of the re -plat, including execution by mortgage holder(s) as deemed to be needed, title examiner and surveyor for signature by Town of Snowmass Village officials and/or applicable representation. The Mayor and Town Clerk shall be authorized to sign the plat only after approval as to technical and substantive completion by the Town Attorney and Town's Planning Director. 7) All applicable document recording fees shall be paid by the Applicant prior to the recording of the re -plat with the Pitkin County Clerk and Recorder prior to issuance of a building permit for Building M. Conditions pertaining to subsequent condominium map amendment: 8) A subsequent three dimensional amended condominium map specifically for Parcel M containing Building M shall not be submitted for review by Town staff until the following conditions have been met: a. the final design review and acceptance of Building M (i.e., pursuant to the proposed review procedures in Exhibit 3 of the Development Agreement in Exhibit "B" of Ordinance No. 10, Series of 2010); b. the issuance of a building permit for Building M; c. Building M being completed. The subsequent three-dimensional condominium plat for Building M shall be completed prior to issuance of the first Certificate of Occupancy for Building M. TC Reso. 10-22 Page 5 of 5 9) The necessary condominium documents shall be provided at the time as noted in Condition #8 above to clarify whether the Parcel M building will be separate from the Snowmass Mountain Condominiums or a part of the overall association. 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. INTRODUCED, READ, AND APPROVED, as amended, by the Town Council of the Town of Snowmass Village, Colorado on this 2nd day of August 2010, upon a motion made by Council Member Butler and the second by Mayor Boineau, upon a vote of 4 in favor and 1 against (Council Member Mordkin voting no). TOWN OF SNOWMASS VILLAGE Bill 8oineau, Mayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO F John C. Dresser, Jr., T Attachments: Exhibit "A" — Draft Combination Re -plat and Amended Condominium Map of Parcel C Snowmass Mountain Condominiums to create Parcel M. �•bi4�� � � ;� 3p��pP� ��� a DZ t6 ri i Q O O` 5" EXHIBIT A Town Council Resolution No. 22, Series of 2010 Page 1 -7 � lug;� ppll➢ M .Y4�V9 + 1 I R `� N, 1 a R II g R a CD 00 o o 1 I�� � I �qy l,l4�uP N_J g 1SDi9d 4 Z?s Z lug;� I R$ N, � a R ; �( o o � � 4 Z?s Z lug;� I R$ NEI � a R 4 Z?s Z