Loading...
1. Town Council Ordinance 09 2015TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 9 SERIES OF 2015 AN ORDINANCE APPROVING WITH CONDITIONS THE MAJOR AMENDMENT OF THE FINAL PUD PLAN AND SUBDIVISION EXEMPTIONS FOR BASE VILLAGE SUBMITTED BY SNOWMASS ACQUISITION COMPANY, LLC. WHEREAS, the Town Council authorized Snowmass Acquisition Company, LLC, hereinafter referred to as the "Applicant", to submit a Final PUD Amendment application for Base Village by adopting Resolution No. 25, Series of 2015 on September 28, 2015, which approved the Preliminary PUD Plan Amendment application submitted by the Applicant, with conditions; and WHEREAS, on October 21, 2015, and updated on November 5, 2015, the Applicant submitted a Major PUD Amendment Final Plan application for Base Village that proposes the development of a mixed-use project on the Base Village property as more fully described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference, and as described in Volumes 1 and 2 incorporated herein by this reference, herein after referred to as the "Project"; and WHEREAS, as permitted by Section 16A -5-40(c) of the Municipal Code, the Final PUD Application was consolidated with an application for a subdivision exemption to allow for the combining of Lots 4 and 6 into one Lot 6 within the Property and to allow for condominiumization and timeshare; and WHEREAS, the Final PUD Amendment application and the application for subdivision exemptions were reviewed by Town Staff and each was determined to be complete for purposes of review as required by Section 16A-5-50 of the Municipal Code by the Planning Director; and WHEREAS, the Final PUD Amendment application was processed pursuant to the procedures outlined in Section 16A-5-390, 'Amendment of final PUD,' Section 16A-5-300 "Purpose; overview; general restrictions,' Section 16A-5-310 'Review standards,' and Section 16A-5-360, 'Final plan,' of the Municipal Code; and WHEREAS, the subdivision exemptions were processed in accordance with Section 16A-5-500 'Exemptions authorized,' Section 16A-5-510 'Review procedures' and Section 16A-5- 550 'Time share' of the Municipal Code; and WHEREAS, the Planning Commission recommended that the Town Council approve an amendment to the Base Village Planned Unit Development as proposed in the Preliminary Application by adopting Planning Commission Resolutions No. 05, 06 and 08, Series of 2015; and WHEREAS, the Town Council has reviewed the Final PUD Amendment application and the subdivision exemptions, considered the recommendations of Town Staff, and received Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 2 of 16 December 21, 2015 public comment thereon at the public meetings and hearings scheduled or held on December 7'h, December 1 Vh (for 1" Reading) and December 21" (for 2ntl Reading), 2015; and WHEREAS, the Applicant submitted a first amendment to the Major PUD Amendment Final Plan on December 9, 2015, pursuant to Section 16A-5-70 "Action by decision-making body' of the municipal code, as included in the Town Council packet for the December 14, 2015, which amendment was accepted for discussion and consideration as noted in Section Three'Action' of this ordinance; and WHEREAS, the Applicant submitted a second amendment to the Major PUD Amendment Final Plan on December 16, 2015, pursuant to Section 16A-5-70 "Action by decision-making body" of the municipal code, as included in the Town Council packet for the December 21, 2015 hearing, which amendment was accepted for discussion and consideration as noted in Section Three'Action' of this ordinance; and WHEREAS, this Ordinance is the final approval of the Final PUD Amendment application and the subdivision exemptions by the Town Council; and WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, Colorado, as follows: Section One: Findings. Based upon the information contained in the Major PUD Amendment Final Plan application, including the subdivision exemptions, supplemental information submitted to Town Staff and documentation and testimony in the record, the Town Council finds as follows: 1. Application material sufficiency. The Applicant has submitted sufficient information pursuant to Section 16A-5-360 of the Municipal Code to permit the Town Staff and Town Council an adequate review of the proposed Major PUD Amendment Final Plan application. 2. Public Hearing Notices. The Applicant met the minimum public hearing notice requirements outlined in Section 16A-5-60, 'Notice of public hearing' in the Municipal Code. 3. Conformance with Municipal Code Requirements. The application is generally in compliance with Section 16A -5-300(c), 'General Restrictions,' Section 16A-5-310, 'Review Standards,' 16A-5-360, 'Final plan,' Section 16A-5-390 'Amendment of final PUD', including Subsection (3) 'Review Standards', Section 16A-5-510 Subdivision exemption 'Review procedures' and Section 16A-5-550 'Time share' of the Municipal Code, with exceptions as noted as conditions in Section Four below. Section Two: Specific Findings. For a Final level of review, and subject to the Applicant implementing the conditions in Section Four of this ordinance, the Town Council more specifically finds that: Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 3 of 16 December 21, 2015 1. The Final PUD Plan application proposes no changes to the existing surface development on Lot 1, other than improvements to the water feature, but does propose re -programming summarized as follows on: Lot 2 will include a 102 unit hotel in Building 5 with 105,209 GFA with 15 upper level condominium units with 12 lock -off units, the Snowmass Mountain Club capped at 228 members, check-in for the hotel on the P3 garage level, reallocation of parking on the P2 and P3 levels (including 57 parking spaces for the Mountain Club and 51 for the hotel for a total in the entire garage of 612 spaces under Lots 1, 2 and 3); a new landscaped events plaza, and two employee units housing 7 seasonal employees together with common areas, and Building 4AB with 12,150 GFA, commercial space, 3 wholly-owned condominium units with no lock -off units, now to be known as a portion of Phase 2 of the project; Lot 3 will include a mix of units and commercial spaces in Buildings 6 (9,775 GFA), 7 (36,530 GFA) and 8 (103,002 GFA), to include a new Community Purpose facility and commercial / food and beverage in Building 6, central check-in for Buildings 7 and 8, a Medical Clinic in Building 8, 41 condominium units in Buildings 7 (11 units) and 8 (30 units), including a minimum of 11 fractional (timeshare) units, commercial space and four (4) employee units in Building 7, also to be known as a portion of Phase 2 of the project; Lot 5 will include Building 11 with 64,247 GFA with 25 condominium units with 5 Tock -off units, and two parking levels (subject to the conditions in Section Four of this ordinance) with a minimum of 32 parking stalls, and 2 employee units; Lot 6 combines existing Lots 4 and 6 to accommodate Buildings 10AB with 187,850 GFA with 110 condominium units with 27 lock -off units, approximately 6,081 square feet of commercial space near the northeast comer of Building 10A, one and one- half below -grade parking levels with approximately 141 spaces, including 23 extra contingency spots above the parking requirement, and 5 for -sale employee units; Lot 7 will include Building 12 with 57,445 GFA with 20 wholly-owned condominium units and one undergrounding parking level with a minimum of 37 parking stalls and no employee units; Lot 8 will include Building 13B with 87,436 GFA, 49 wholly-owned condominium units with 1 lock -off unit, 7 employee units; and a kids play space on the P1 parking level; and Lot 9 will include Building 13A with 210,267 GFA which is the entitled hotel of 150 wholly-owned condominium lodge units with 17 lock -off units and 3 employee units, with an existing two-level parking facility of 206 spaces under both Lot 8 and 9. 2. The Final Plan application includes Variations from required "Mixed -Use -2" zone district standards (underlying zoning) and/or the existing PUD standards, involving a) an increase in the project's maximum buildouttunit equivalency from 394.35 to 416.75 UE; b) increases in the maximum Floor Area Ratio on Lots 2, 3, 6 (combined with current Lot 4) and Lot 8; c) modified variations to the minimum Lot Size requirements on Lots 3 and Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 4 of 16 December 21, 2015 6; and d) increases in the building heights for Buildings 7 and 8 and for Building 10AB on existing Lot 4, as more specifically described below: ➢ Lot 2: • A variation to increase floor area by approximately 3,607 square feet from 113,752 to 117,359 gross square feet (for Buildings 4AB and 5); • A variation to increase the maximum Floor Area Ratio (F.A.R.) from 1.68:1 to 1.71:1, representing a 1.7% increase. The affected lot area of 1.58 acres or 68,824 square feet remains unchanged. ➢ Lot 3: • A variation to increase floor area by approximately 6,763 square feet from 142,544 to 149,307 gross square feet; • A variation to increase the maximum F.A.R. from 1.32:1 to 1.39:1, representing a 4.7% increase. • A variation from the required minimum lot size of 110,500 square feet or 2.54 acres where 2.481 acres or 108,072 square feet exists as platted for Lot 3. • A variation to exceed the maximum building heights as follows: - Building 7 — The additional level increases at the front highest gable over 11 feet, up to elevation 8482.0 to the gable ridge, 99.0 feet above prior existing grade, and 89.5 feet above finished grade measured at the front entry gable of the building, as accepted in the presented First Amendment dated December 9, 2015 on December 14, 2015. The highest roof form of the chimney is at 8485 feet, measured 95 feet above existing grade. These height increases are accepted as presented in the First Amendment dated December 9, 2015 on December 14, 2015. - Building 8 — There is an additional increase in height, up to elevation 8492.85, 114.85 feet above prior existing grade 8378 at the highest centrally located roof pitch (Point B on drawings). The roof pitch closest to Wood Road (Point A) increases by approximately 12.5 feet from the entitled approval of 8476.17 to elevation 8488.5 through the first amendment, or 110.5 feet above prior existing grade and 100.5 feet from current finished grade. The highest roof form of the elevator shaft is at 8505 feet measured 127 feet above existing grade of 8378 feet. These height increases are accepted as presented in the First Amendment dated December 9, 2015 on December 14, 2015. ➢ Lot 6 (Combined Lots 4 and 6): • A variation to increase floor area by 69,450 square feet from 118,400 to 187,850 gross square feet. • A variation to increase the maximum F.A.R. of 0.13:1 for Lot 4 and 2.07:1 for Lot 6 to a combined F.A.R. of 2.13:1. The combined lot will contain 2.034 acres or 88,601 square feet. • A variation from the minimum required lot size of 218,500 square feet or 5.02 acres to the existing combined lot area of 88,601 square feet or 2.034 acres. • A variation to exceed the maximum building heights as follows: Building 10AB - The highest roof form on Building 10A on existing Lot 6 is being reduced by three (3) feet to elevation 8501' measured 87 feet above prior Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 5 of 16 December 21, 2015 existing grade. Building 10B's extension and expansion onto existing Lot 4 requires a height variance to elevation 8501', measured 70.4 feet above prior existing grade, an increase in height from 38 feet from the MU -2 zone district requirements. ➢ Lot 8: • A variation to increase floor area (for an added lower level play area next to the parking garage), by approximately 1,500 square feet to approximately 87,436 SF. • A variation to increase the maximum F.A.R. from 1.80:1 to 1.83:1, representing a 1.5% increase. ➢ Base Village Unit Equivalent • A variation that increases the maximum buildout/unit equivalency (UE) for the entire project to 416.75 UE, which includes a banked amount of 6.1 UE. • A variation that increases the entitled gross building area of 1,016,496 square feet with an overall F.A.R. of 1.22:1 to a gross building area of 1,094,131 square feet, an overall floor area increase of 77,635 square feet and a cumulative F.A.R. of 1.32:1 on the developable site area of approximately 19.1 acres. 3. For the granting of the new variations proposed above, the Town accepts the Community Purpose offerings, including a) the construction of the Lot 2 plaza for use by the Town, b) the conveyance of Building 6, upon completion, for Town ownership as a community purpose or other use, c) the $500,000 cash contribution relative to Building 6 improvements or as desired by the Town, and d) the Common Area Maintenance (CAM) fee waiver on Building 6 for 14 years from the issuance of the Certificate of Occupancy and acceptance of Building 6, thus creating unique, exceptional and special circumstances exceeding PUD standards, as to be documented in the Services, Building 6 and/or Lot 2 Plaza agreements, subject to the conditions set forth in Section Four below. 4. The additional community purpose offering of $200,000 is acceptable for the additional height increases requested on Buildings 7 and 8 per the First Amendment request dated December 9, 2015. 5. The Applicant's conversion of Unit B3, #330 (13230) in Building 13A (Viceroy) from a free market unit to an employee housing unit, in lieu of the 8th employee unit originally proposed in Building 13B, is acceptable. 6. Town Council finds that the modifications proposed in the Final PUD Amendment application do not materially change the overall proposal regarding the project's overall design and development parameters (e.g., the usages and the mixed-use character of the project, the mass/scale and building heights, unit numbers, buildout/UE, Maximum F.A.R. and floor area, other variations, building placements, building coverages, open space provisions, the community purpose offerings, the public improvements, pedestrian circulation, and the alternative parking provisions). Section Three. Action. The Town Council hereby approves the following, subject to the Applicant complying with the conditions set forth in Section Four, below: Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 6 of 16 December 21, 2015 First Amendment Package dated December 9, 2015. The acceptance of the amendment for discussion and consideration purposes that occurred on December 14, 2015, subject to Applicant compliance with the conditions in Section Four of this ordinance. The Town Council accepts the following within the First Amendment: a) the amendments to the main parking garage fence, access, loading and accessible space location on the P2 level; b) the mini -roundabout design and installation in lieu of snowmelt on Wood Road in front of Building 8 (snowmen will include the sidewalk and emergency pull out area); c) the phasing change of removing Building 13B from Phase 2; d) the creation of a car share program which was required as a preliminary plan condition; e) the Applicant's new Lot 2 Plaza design plan presentation of December 14, 2015, subject to the Plaza design being more fully developed, including modifications to the licensing agreement to provide adequate scheduling control of the plaza to the Town; f) the additional height as noted on the Building 7 and Building 8 height diagrams only (1 foot and V-7" increases respectively); and g) the current drafts of the revised agreements providing direction to staff on what revisions to make and what revisions need to be further reviewed; the Applicant will be required to update the agreements within 90 days of Town Council approval, in efforts to meet the direction outlined by the Town Council and in all reports and comments for review for subsequent execution by the Town Manager on behalf of Town Council. The Town Council does not accept the following in the First Amendment: a) the request to eliminate the second parking level in Building 11 on Lot 5 in exchange for the car share program, that the Applicant acknowledged to withdraw; b) the amendment to the language in the PUD Guide to allow the Planning Director authority to administratively approve building heights from beyond the currently allowed one foot (1') to up to two feet (7) exceeding what was previously approved; the proposed increases in height on all other buildings east of the ski back trail, which instead shall be required to go through a PUD Amendment process as this would be the appropriate procedure for the Applicant who seeks to increase ceiling heights to 9'-6". 2. Second Amendment Package dated December 16, 2015. The acceptance of the amendment for discussion and consideration purposes that occurred on December 21, 2015, subject to Applicant compliance with the conditions in Section Four of this ordinance. The Town Council accepts the following within the Second Amendment: a) The Building Heights Matrix and graphics for Buildings 7 and 8 only; b) The revised PUD Guide, with the exception of language related to how building heights can be determined as part of the architectural review process. New language acceptable to staff is provided as a condition of approval. Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 7 of 16 December 21, 2015 3. Final Approval. The Final PUD Amendment Application, as described in the record of proceedings before the Town Council including the testimony of the Applicant and the documentation contained therein and as more particularly described in the Base Village PUD Guide, as amended, attached hereto as Exhibit "B" and incorporated herein by this reference, is approved subject to the conditions set forth in Section Four. a. Development Parameters. The approval grants parameters of the development, as the terms are defined in the Base Village PUD Guide, summarized as follows, and more specifically set forth in the Development Statistics Matrix, provided as Exhibit "C" to the PUD Guide: Multi -Family Dwelling Units. The Project may contain a maximum of 506 actual Multi -Family Dwelling Units, 102 Hotel and Lodge units, and a minimum of 64 of such Multi -Family Dwelling Units will include Lock -Off Rooms, not including the 28 Restricted Housing units. The Developer may request through one or more Planning Director Administrative Modifications to increase the actual number. of Multi -Family Dwelling Units as limited to each building, up to an overall project maximum of 520 units, provided the necessary mitigation for the additional units is provided. c. Restricted Housing. The Project will contain a minimum of 22,069 square feet of on-site Restricted Housing to be located in 28 Restricted Housing dwelling units located within the Buildings as described on the Employee Housing Mitigation Schedule described on Exhibit "A" of the new Base Village Restricted Housing Agreement and in Exhibit "C" Development Statistics Matrix included as part of the PUD Guide. d. Non -Residential Spaces. The maximum permitted square footage for Commercial Uses, Hotel, Skier Services, Commercial Service Areas and Community Facilities spaces shall be 252,520 SF and is allocated as follows: Commercial Commercial/ Hotel Skier Services Commercial Service Areas Community Facilities 75,000 47,518 46,727 26,275 57,000 In addition to the foregoing, the use of the Commercial space is restricted by the First Amendment to Declaration of Covenants, Conditions and Restrictions for Commercial Units, dated October 21, 2015 as described on Exhibit "A" of the PUD Guide and as presented in Commercial Use Diagrams, included as Exhibit "B" of the PUD Guide. e. Parking Management Plan. The alternative parking plan as included in the Parking Management Plan, including the updated P2 Level in the First Amendment dated December 9, 2015, to be further corrected and amended, is approved. 4. Dimensional Limitation Modifications. The variations described in Section Two Specific Findings, above, are accepted and approved. Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 8 of 16 December 21, 2015 5. Agreement and Other Documents Approval. The entrance into and execution on behalf of the Town by the Town Manager of the following documents and agreements, in a form and content approved by the Town Attorney: a. b. C. d. e. f. Base Village Development Agreement; Base Village Community Purpose Building 6 and Lot 2 Plaza Agreement; and Declaration of Covenants, Conditions and Restrictions for Commercial Units; and Restricted Housing Agreement with its Funding Agreement; Services Agreement; Subdivision Improvements Agreement; PMP, including an adequate car share Pool Access/Assessment Agreement; Exhibit "A" mitigation table; program; j. Termination of the Development Agreement for the Building 7 Essential Public Facility; and k. Other agreements determined necessary. The terms and conditions of the foregoing documents, once finalized, are considered to be provisions of the approval granted herein and this Ordinance, requiring timely compliance with their respective terms and conditions by the Applicant. 6. Delegation of Authority to Planning Director. The Planning Director is hereby delegated the authority to process, with Town Council's approval, the final architectural plans for Buildings 6, 7, 8, 10AB, 11, 12 and 13B (subject to an acceptable Market Study submitted with final architectural plans for Buildings 10AB, 11 and 12). Other modifications, as may be eligible under the Planning Director Review Procedures contained in the Base Village PUD Guide, shall also be delegated to the Planning Director. 7. Subdivision Exemption. A subdivision exemption to allow the combining of Lots 4 and 6 into a new Lot 6 (subject to plat review, execution and recordation); the condom iniumization of residential units and associated garages in Buildings 4AB, 5, 7, 8, 10AB, 11, 12 and 13B, subject to Final Architectural review of the affected buildings; the condom iniumization of Building 6 as a community purpose; and the Time share of units in Buildings 7 and 8, is approved, subject to conditions. Section Four. Conditions. As conditions of the final approvals granted herein, the Applicant will comply with the following: Overarching Conditions: The Applicant will make all corrections of inconsistencies and modifications to any or all parts of the PUD Application including but not limited to the agreements and exhibits and shall sufficiently resolve, as determined by the Town Manager, all outstanding issues identified by the referral agencies and/or identified in the staff report to ensure consistency with the Town Council direction set forth in Resolution No. 25 of 2015 and all other direction received from the Town Council, including Section Three, 'Action' of this ordinance and the conditions further below. These corrections shall not be considered amendments to the application but simply administrative changes. If outstanding issues cannot be resolved between the Applicant and the Town staff at the Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 9 of 16 December 21, 2015 administrative level, then these matters shall be referred to the Town Council for a final determination. 2. Buildings 13A and 138 shall be operated as a hotel meeting the American Automobile Association's "Four Diamond" standards. 3. The PMP shall incorporate the provision and creation of a car -sharing program, pursuant to the Applicant's First Amendment dated December 9, 2015, for operation by the Applicant, its successors or assigns, for use by Base Village guests, residents, businesses and town / community members. 4. The PMP shall incorporate the requirement for a Parking Demand study, which may factor in the operations and effects of the car -sharing program, if the Applicant subsequently proposes to remove the P2 contingency parking level beneath Building 11. The PMP shall note that the Town Council shall evaluate and consider such request and that the Town Council shall render such a decision on such request by resolution prior to staff issuing a building permit for Building 11. 5. The proposed height increases in the PUD Guide for all the buildings in the PUD in the First Amendment dated December 9, 2015 shall be corrected to reflect the new heights presented, accepted and approved for Buildings 7 and 8 only and the heights for 10AB, 11, 12 and 13B to remain the same in the Height Study and Matrix sheets. Proposed subsequent changes in height above the administrative limit in the PUD Guide for all buildings shall be subject to a future PUD Amendment for evaluation purposes and public input as set forth in 7. below. 6. The Town Council grants to Staff the authority to work with the Applicant to provide a corrected and updated PUD Guide acceptable to Staff, with all Exhibits attached, consistent with the conditions above. The corrected PUD guide shall include uses, square footage figures, restrictions, administrative review procedures, revised special event and temporary use procedures, a corrected Exhibit 'A,' PMP, CMP, design narratives for Buildings 7, 8, 10AB, 11 & 12 for final design review, final plan references, commercial use diagrams, development statistics, combustible exterior finish materials, at cetera. 7. As described in the Second Amendment dated December 16, 2015 in the PUD Guide, if the Applicant, its successors or assigns, proposed height increases beyond the one foot administrative allotment together with the final architectural plans for the future buildings, then such combined requests shall be processed via a formal PUD Amendment application, requiring a public hearing notice, referral and review by Town Departments, districts, the Planning Commission and the Town Council. Submissions due by January 31, 2016: 1. The Applicant shall agree to submit the 2014 annual report to the Housing Office for the 13A employee units as required under condition #4 Rental Rates, Second Amendment to Base Village Restricted Housing Agreement with the 2015 annual report no later than January 31, 2016. Submissions due within 90 days of the date of approval of the Final PUD Plan (Sec. 16A- 5 -(c)(7)): Updated Application, Documents and Agreements — 1. A final, corrected copy of the application, acceptable to Staff, shall be submitted within 90 days of the date of approval of the Final PUD Plan. 2. The Applicant shall submit the documents and agreements, summarized below: Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 10 of 16 December 21. 2015 a. Base Village Development Agreement; b. Base Village Community Purpose Building 6 and Lot 2 Plaza Agreement; C. Declaration of Covenants, Conditions and Restrictions for Commercial Units; d. Restricted Housing Agreement with its Exhibit "A" mitigation table; e. Funding Agreement; f. Services Agreement; g. Subdivision Improvements Agreement; h. PMP, including an adequate car share program; i. Pool Access/Assessment Agreement; J. Termination of the Development Agreement for the Building 7 Essential Public Facility; and k. Other agreements determined necessary. ➢ Development Agreements - 1 . The final Development Agreement shall be submitted in a final form for approval including a milestone matrix. 2. The Lot 2 Plaza and Building 6 Agreements shall be amended to adequately address the concerns raised by Staff to ensure that the plaza will continue to serve as a "community purpose" to offset the variations approved within this project and document the community purpose offerings as identified in Section Two, 'Specific Findings' of this ordinance. Issues to be addressed may include adequate storage for ice rink materials, hours of evening rink operation, skate rental operations, lighting that meets town standards, safe access to restrooms, structural support for a mobile stage, assurance that the Town will have adequate control of the special events schedule, an operations and funding plan, building finishes, not specifying the commercial type in Building 6, and other issues deemed important to the Town to determine it as community purpose space. 3. As depicted at the Preliminary Plan stage and as presented in the First Amendment dated December 9, 2015 at the Town Council meeting on December 14, 2015, the Applicant shall ensure that the Lot 2 Plaza shall be designed to meet the various intents presented to the Town Council at preliminary and final plan, including, but not limited to a structural support plan showing: a) adequately reinforced to accommodate the load of at least 300 people and a semi -truck that can set up a portable stage on wheels of up to 10,000 lbs., and b) other equipment depicted in the Preliminary Plan application, or provide an acceptable alternative that maximizes the entire open area for the staging of events in order to be considered an acceptable "community purpose". The Lot 2 Plaza Agreement shall address all of these concerns, including an acceptable structural support plan. 4. The conversion of Unit #330 (13230) in Building 13A from a free-market to an employee housing unit shall demonstrate adequate storage space in the parking garage and must be covenanted and recorded to become a deed restricted employee housing unit to the satisfaction of the Town Housing Department. 5. The Restricted Housing Agreement shall be modified to include the updated Exhibit'A' table as presented in the First Amendment dated December 9, 2015, plus the Phase 1 calculations. The credit for "banked" square footage proposed by the Applicant is approved and may be applied to future proposed amendments that require further employee housing mitigation. Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan Page 11 of 16 December 21, 2015 6. The Subdivision Improvements Agreement shall incorporate language acceptable to the Town on the details regarding the installation and timing of the temporary and permanent mini -roundabout at the Lower Carriage Way and Wood Road intersection in lieu of providing snowmelting of Wood Road in front of Building 8, except for the sidewalk and the emergency pull -off area adjacent to Wood Road which shall be snowmelted. 7. The Services Agreement shall incorporate language acceptable to the Town on the conditions related to vertical transportation in lieu of a second escalator in Building 7, including appropriate signage, murals and/or appropriate finished treatment of stairwells; a definition for Traffic Control Personnel; and updating Section 2.1 to add language regarding annual reporting to and direction from the TOSV Police Department. 8. The Parking Management Plan (PMP) shall be updated to include the provision of an acceptable car share program operated by the Applicant, its successors or assigns for use by Base Village guests, residents, businesses and town / community members. 9. An easement, pursuant to the Subdivision Improvements Agreement, acceptable to the Town, on Lot 3 for the future aerial connection and/or alternative connectors to the Snowmass Center/Point site area and to the adjoining public rights-of-way, shall be granted to the Town and recorded. 10. Temporary and permanent easements across the Conoco property for construction of the roundabout and acceptable to the Town, as well as any other new service easements within the project required by other entities, shall be granted and recorded. 11. The Subdivision Improvements Agreement shall be modified to ensure that the Applicant will post financial security for the construction of trail segments not completed, or an alternative acceptable to the Town Manager, and following the dedication of an easement to the Town; and snowmelting of the adjacent sidewalk and emergency pull - off area on Wood Road up to and including the medical clinic entrance and emergency vehicle area. ➢ Plan reviews - 1 . The Applicant shall agree to incorporate the design and construction of the bus pullout area across from the Viceroy at the entrance to the Village Street as part of Phase 2 of the project, coincidental with the Upper Wood Road improvements. 2. The Applicant agrees to provide plans to be reviewed and approved by the Town and make improvements as outlined in said approved plans through extension and reconfiguration of the curbs in the transit facility bays to make them as accessible as possible for a variety of transit vehicles using a conventional saw tooth design. The 'D' bay in the transit center shall be designed to be the bay to be used for the lodge shuttle activity and for charter coaches while the parking area in front of Building 7 is unavailable due to construction as set forth in the CMP. The Applicant agrees to complete the improvements in the garage no later than November 1, 2016, unless otherwise agreed to by the Town. 3. The subdivision exemption plat for the combination of Lots 4 and 6 into a new Lot 6 shall be recorded. 4. The Applicant shall pay all outstanding invoices related to this Final Plan Amendment review, approval and its conditions in full to the Town pursuant to the provisions in the fee agreement. Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 12 of 16 December 21, 2015 Prior to or with submission of a building permit application: 1. All submission items above noted as due within 90 days of the date of approval of the Final PUD Plan shall be completed, consummated, executed and recorded together with this ordinance at the Applicant's expense prior to submission of a building permit application. 2. The Applicant shall provide the plans necessary for the design and construction of the mini -roundabout and the snowmelting of the adjacent sidewalk and emergency pull -off area on Wood Road in front of Building 8 up to and including the medical clinic entrance and emergency vehicle area. This requirement shall be noted in the Subdivision Improvements Agreement and/or the Development Agreement. 3. A completion schedule and plans for an improved pedestrian connection between Lot 6 (Buildings 10AB) and Lot 2 (Limelight Hotel) complying with Municipal Code standards shall be provided prior to issuance of a permit for either Buildings 10A or 10B. 4. Plans for the snowmelted staircase from Building 7 to the intersection of Carriage Way and Wood Road shall be included with construction plans for Building 7. 5. The Applicant shall align the two bus stops on Wood Road near the Enclave on the Construction Documents to be opposite of each other to accommodate bus turn -around. The plans shall also set the ADA ramp for the bus stops in a location so that the ramp is perpendicular to the roadway. Other upgrades and improvements as required by other Districts shall be satisfied prior to permit application. 6. Applicant shall adequately address the specific issues raised by the Fire District prior to or with the application for building permit. 7. The Applicant shall verify in writing that the existing exhaust ports in the garage will not impact nearby structures should those structures have air intake systems close to the garage. Applicant shall also address how sound from the ventilation system may impact nearby structures and how this will be mitigated prior to building permit application; 8. Prior to the submission of an application for a building permit for Buildings 6, 7, 8, 10AB, 11, and 12, the Applicant shall submit final architectural plans and final drawings contemplated in Section 16A-5-360(c)(2)c for the applicable building to the Planning Director for review and Town Council approval in accordance with Planning Director Review Procedures contained in the Base Village PUD Guide. In addition, for the latter of Buildings 10AB or 11, a Market Study of the then -current commercial offerings and an evaluation of the Base Village's vitality shall be submitted with the final architectural plan submission for acceptance or modification by the Town Council. Town Council will have the authority to request additional commercial space in those buildings upon evaluation of the study. 9. The Applicant shall agree to a submittal deadline for final architectural plans review and processing for Buildings 6, 7, and 8 no later than January 1, 2017. Prior to issuance of a building or sign permit: 1. All items due prior to submission of a building permit application shall be completed prior to issuance of any building permit. 2. The "open for business" marketing plan, acceptable to the Town, that will effectively communicate to consumers in both summer and winter that Snowmass is open for business during construction, shall be implemented by the Applicant or as an alternative, the applicant shall match the town's marketing dollars up to $50,000 per year to implement the marketing program during construction of Phase 2. 3. The Applicant, working in cooperation with the Aspen Skiing Company, shall provide a completion schedule and plans for a second staircase or site work acceptable to the Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 13 of 16 December 21, 2015 Town, on the embankment area between the ski back trail and the base of Fanny Hill and the Base Village plaza area, prior to permit issuance for Building 5. 4. The Applicant will work to ensure that the Aspen Skiing Company (ASC) submits an amendment to its Administrative Modification agreement with the Town regarding the use of the Black Saddle Parking lot to specifically include the Limelight Hotel and Mountain Club employees (whether owned by ASC or some other ownership) who must utilize the remote lot per the PMP. Such submittal shall occur prior to submission or issuance of a building permit for Building 5. Aspen Skiing Company and Limelight employees shall not be allowed to park at the Rodeo Lot during the ski season; 5. Unless subject to any ADA requirements, all bathrooms in the employee units larger than one bedroom, other than bathrooms dedicated to the master bedroom or an individual bedroom, shall have a wall installed to separate the toilet and tub area from the vanity sink area. 6. The applicant shall update the sign plan with accessible route and medical clinic information for consistency with the previous Comprehensive Sign Plan (CSP) standards regarding advertising, way -finding and public realm signs relative to Phases 2 through 5 for review, acceptance and installation prior to the issuance of C.O.'s for Buildings 6, 7, 8, 10AB, 11, and 12, within each phase. External and internal directional and informational signs shall include accessible routes and medical clinic access information. The updates or amendment to the CSP once submitted shall be reviewed and processed administratively by Town Staff. 7. The Applicant shall complete a shared cross -parking agreement among all underground parking garage owners and users for all lots and buildings within Base Village and submit a recorded document or have it incorporated into the condominium documents, to be submitted to the Town, to the satisfaction of the Town Attorney, prior to the first building permit issuance of any building east of the ski -back trail. 8. Prior to the Town's issuance of building permits for each structure east of the ski -back trail, all public utility easements required by the Line Extension Agreement shall be completed and submitted to Snowmass Water and Sanitation District (SWSD), in a form and with title assurances acceptable to SWSD. At the written request of the Applicant, Town staff shall have administrative authority to defer this obligation to be a condition of issuance of certificate(s) of occupancy upon a demonstration by Applicant that it has made best efforts to diligently complete these easement obligations. At the time of any deferral request, consideration may also be given as to whether Applicant should be required to post financial security for the benefit of SWSD in order to guarantee completion of these easement dedications. 9. Prior to the permit issuance for either Buildings 10A or 10B, the Applicant shall provide initial evidence that the pool facility on Lot 6 will be readily available and open to Phase 1 residential owners in Buildings 1, 2A, 2B and 2C. It is understood that all residential owners in Buildings 1, 2A, 2B and 2C along with the owners in Building 10A & B, may share in the proportionate cost of operating such pool facility through a use fee or similar assessment. An assessment agreement will be developed and the Town will have final review of any fee or assessment to ensure that the fee is equitably applied. Final documentation or amended condominium association documents from the Applicant that this has been completed shall be provided no later than issuance of the first Certificate of Occupancy in Buildings 10A or 10B. Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 14 of 16 December 21, 2015 Prior to issuance of a temporary or final Certificate of Occupancy/Completion or acceptance for an affected building or public improvement: 1. All easements for existing water and sanitary lines serving all of Snowmass Village shall be granted and accepted by the Snowmass Water and Sanitation District if not completed prior to building permit issuance. 2. No additional water or sewer service connections will be allowed within Base Village while the Substandard Waterline Section remains in place, unless: a. Town's acceptance of the fully constructed roundabout at Brush Creek Road / Wood Road and Upper Kearns Road, with the Substandard Waterline section brought into compliance with SWSD standards; or b. The Subdivision Improvements Agreement is amended, with the approval and in the reasonable discretion of the Town, with input from SWSD. 3. The Applicant shall submit for review and acceptance by the Town, the proposed condomiumization declaration and maps of affected buildings (4AB, 5, 6, 7, 8, 10AB, 11, 12, and 13B), units, garages, general and limited common elements, subject to Final Architectural review approval of Buildings 6, 7, 8, 10AB, 11, and 12. The cost of the review and recordation of these documents shall be borne by the Applicant. 4. If not completed prior to issuance of an affected building permit or sign permit, the applicant shall update the sign plan with accessible route and medical clinic information for consistency with the previous Comprehensive Sign Plan (CSP) standards regarding advertising, way -finding and public realm signs relative to Phases 2 through 5 for review, acceptance and installation prior to the issuance of C.O.'s for buildings within each phase. External and internal directional and informational signs shall include accessible routes and medical clinic access information. The updates or amendment to the CSP once submitted shall be reviewed and processed administratively by Town Staff. Section Five. Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. INTRODUCED, READ, AND APPROVED, as amended, on first reading by the Town Council of the Town of Snowmass Village on December 14, 2015 upon a motion by Council member Goode, the second of Council member Madsen, and upon a vote of 5 in favor and 0 against. APPROVED, READ AND ADOPTED, as amended on second reading by the Town Council of the Town of Snowmass Village on December 21, 2015 upon a motion by Council Member Butler, the second by Council Member Madsen, and upon a vote of 4 in favor and 1 against (Council Member Sirkus voted no). TOWN OF SNOWMASS VILLAGE TOWS COUNCIL Markey B�Iitldr, Mayor Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 15 of 16 December 21, 2015 ATTE S'+` i Rhonda Coxon, Town Clerk Exhibits incorporated herein: Exhibit "A" - Vicinity Map, Legal Description on existing Plat, and Subdivision Exemption Re -Plat of existing Lots 4 and 6 into new Lot 6 Exhibit "B" - Base Village PUD Guide, as modified, with the following Exhibits attached: Exhibit A -List of Referenced Exhibits and Design Guidelines Exhibit B -Commercial Use Diagrams (Buildings 1, 2A, 2B, 2C, 3ABC, 3DE, 4AB, 5, 6, 7, 8, 10AB, and 13A only) Exhibit C -Development Statistics Matrix (for Buildings 1, 2A, 2B, 2C, 3ABC, 3DE, 4AB, 5, 6, 7, 8, 10AB, 11, 12, 13A and 13B only) Exhibit D -Combustible Material on the Building Exteriors Exhibits incorporated by reference to this ordinance as the legal agreements and plans a. Base Village Development Agreement, with Milestone Matrix attached; b. Base Village Community Purpose Building 6 and Lot 2 Plaza Agreement; c. Declaration of Covenants, Conditions and Restrictions for Commercial Units; d. Restricted Housing Agreement with its Exhibit "A" mitigation table; e. Funding Agreement; f. Services Agreement; g. Subdivision Improvements Agreement; h. PMP, including an acceptable car share program; i. Pool Access/Assessment Agreement; j. Termination of the Development Agreement for the Building 7 Essential Public Facility; and k. Other agreements determined necessary. Exhibits incorporated by reference and attached to Staff Reports dated 12/7/2015 12/14/15 and/or 12/21/15: ➢ Review comments from Town Departments, consultants, referral agencies and districts, including: o E-mail from the Town's Police Department dated November 20, 2015 and December 9, 2015; o Memorandum dated November 20, 2015 from the Town's Public Works Department; o Memorandum dated December 2, 2015 from the Town's (SGM) Traffic Engineering consultant; o Memorandum dated November 19, 2015 from Town's Transportation Dept.; o Memorandum dated November 20, 2015 from Town's Housing Dept.; o Letter dated November 20, 2015 from Town's Environmental Consultant, Tom Dunlop; o Memorandum dated November 20, 2015 from Town's Tourism Dept.; o E-mail dated November 20, 2015 and December 16, 2015 from Snowmass - Wildcat Fire Protection District; o Memorandum from the Snowmass Water and Sanitation District consultant dated November 23, 2015; o Memorandum dated November 20 and 22, 2015 from Town's Community Development Department Town Council Ordinance No. 9, Series 2015 Base Village Major PUD Amendment Final Plan - Page 16 of 16 December 21, 2015 ➢ Final Plan application materials submitted October 21, 2015 (Volumes 1 and 2), as updated November 5, 2015; ➢ First Amendment dated December 9, 2015; and ➢ Second Amendment dated December 16, 2015