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02-21-17 Town Council Packet.pdfSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA FEBRUARY 21, 2017 1. 4:00 P.M. CALL TO ORDER AND ROLL CALL 2. PROCLAMATIONS AND PRESENTATIONS: A. Snowmass Water and Sanitation Presentation on Wastewater Facility Project --Kit Hamby, Snowmass Water and Sanitation……………..Page 4 3. PUBLIC COMMENT This section is set aside for the Town Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. 4. CONSENT AGENDA These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. A. DRAFT AGENDAS AND WORK SESSION TOPICS: …………………………………………………………………….Page 38 B. RESOLUTION NO. 22, SERIES OF 2017 – A RESOLUTION DESIGNATING THE HIGH IMPACT EVENT CALENDAR IN ACCORDANCE WITH THE MUNICIPAL CODE CONSTRUCTION MANAGEMENT STANDARDS AND REGULATIONS --Travis Elliott, Assistant to the Town Manager………………Page 41 5. PUBLIC HEARINGS QUASI-JUDICIAL HEARINGS Public Hearings are the formal opportunity for the Town Council to LISTEN to the public regarding the issue at hand. For land use hearings the Council is required to act in a quasi-judicial capacity. When acting as a quasi-judicial body, the Council is acting in much the same capacity as a judge would act in a court of law. Under these circumstances, the judicial or quasi-judicial must limit its consideration to matters which are placed into evidence and are part of the public record. The Council must base their decision on the law and the evidence presented at the hearing. 1) Staff Presentation. Staff will present an overview of the project, comments and reports received from review agencies, and offer a recommendation. 2) Applicant Presentation. The petitioner is asked to present the proposal. Presentations should be brief and to the point and cover all of the main points of the project. 02-21-17tc Agenda Page 2 of 3 3) Public Input (limit of 5 minutes per person). People speaking should step up to the microphone and state their name and address. Speakers should be to the point and try not to repeat the points of others have made. 4) Applicant Rebuttal. The Mayor will ask for the applicant’s rebuttal. During this brief time, the applicant should answer the questions raised by the public. 5) The hearing is then closed to public comments. 6) Questions from the Council. After a Council member is recognized by the Mayor, they may ask questions of the staff, the applicant. 7) Make a motion. A member of the Town Council will make a motion on the issue. 8) Discussion on the motion. The Town Council may discuss the motion. 9) Vote. The Town Council will then vote on the motion. A. CONTINUED PUBLIC HEARING – FIRST READING OF ORDINANCE NO. 04, SERIES OF 2017 – APPROVING A REZONING FROM SPECIALLY PLANNED AREA (SPA-1) TO MULTI-FAMILY (MF) AND APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR THE ADDITION OF GARAGES TO THE SONNENBLICK PROPERTY (Public Hearing Continued from February 06, 2017 Meeting) – THIS APPLICATION HAS BEEN WITHDRAWN --Chase Anderson, Planner --Julie Ann Woods, FAICP/MLA, Community Development Director ……………………………………………………………………..Page 45 6. POLICY/LEGISLATIVE PUBLIC HEARINGS: A. SECOND READING – ORDINANCE NO. 8, SERIES OF 2017 - AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM REGARDING THE ESTABLISHMENT OF ANY NEW MEDICAL MARIJUANA FACILITY OR RETAIL MARIJUANA ESTABLISHMENTS IN THE TOWN OF SNOWMASS VILLAGE --John Dresser, Town Attorney…………………………………Page 111 B. SECOND READING – ORDINANCE NO. 02, SERIES OF 2017 - AN ORDINANCE AMENDING CHAPTER 2 ARTICLE XI SECTION 2-251 – 2- 269 OF THE SNOWMASS VILLAGE MUNICIPAL CODE TO AUTHORIZE THE ADMINISTRATIVE APPROVAL OF VARIOUS LIQUOR LICENSING --Rhonda B. Coxon, Town Clerk……………………………….Page 116 7. ADMINISTRATIVE REPORTS: A. RESOLUTION NO. 21, SERIES OF 2017 – A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR BUDGETED FOR 02-21-17tc Agenda Page 3 of 3 GRANT CONTRACTS TO THE HEALTH AND HUMAN SERVICE ORGANIZATIONS --Rhonda B. Coxon, Town Clerk --Alex Loeffler, Chair of the Citizens Grant Review Board ……………………………………………………………………Page 127 B. Update from Comp Plan Consultants --Julie Ann Woods, Community Development Director…….Page 135 C. Background Information on the original Economic Evaluation of Base Village --Clint Kinney, Town Manager --Bob Purvis, Community Member, Former Council Member …………………………………………………………………….Page 138 8. TOWN COUNCIL REPORTS AND ACTIONS A. Reports/Updates 9. ADJOURNMENT Town of Snowmass Village Agenda ltem Summary DATE OF MEETING: February 21,2017 AGENDA ITEM: Snowmass Water and Sanitation District presentation on Wastewater Treatment Facility Project. PRESENTED BY: Julie Ann Woods, Community Development Di Kit Hamby, Snowmass Water & Sanitation District Chad Paulson, Engineer, SGM BACKGROUND: The Snowmass Water and Sanitation District (SWSD) is planning to complete a major capital improvement project at their complex as required by their discharge permit. Construction is expected to begin in Spring 2017. The SWSD is a special district exempt from local review processes. SWSD desires to meet with Town Council to review their improvement project plans, discuss their schedule, and inform the community at a public meeting as a courtesy. Construction of the new facility is expected to take approximately two years. The SWSD is required to have the new plant operational by April 2020. The project will begin with dewatering of the existing waste water treatment pond, followed by foundation excavation, removal of materials from the site and then the construction of the new plant. Kit Hamby from SWSD and Chad Paulson from SGM, the District's engineer, wlll present a PowerPoint presentation (a copy is included as Attachment B) at the meeting to go over the project details. Some of the site highlights include: underground) that will have a sod roof; FINANCIAL IMPACT 02-21-17 TC Packet Page 4of 186 It is unknown how much the improvements will cost the District. There is no cost associated with the project to the Town of Snowmass Village. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: N/A. COUNCIL OPTIONS: 1. No action is being requested of Town Council STAFF RECOMMENDATION: Town Council should listen to the presentation by the SWSD and provide any feedback they think is appropriate for the District to consider. ATTACHMENTS: Attachment A Attachment B Attachment C Summary of Project PowerPoint presentation Construction Management Plan 02-21-17 TC Packet Page 5 of 186 AS% DtsTttct Snowmass Water and Sanitation District's (SWSD) Waste Water Treatment Plant discharge permit was renewed in March 2015. The Colorado Department of Public Health and Environment has issued a compliance schedule for the District to meet numerical limits for total inorganic nitrogen and total phosphorus. The existing plant cannot meet these new nutrient standards; it simply was not designed nor (or?) configured to accomplish nutrient removal. Consequently, a major capital improvement project is necessary to incorporate both biological and physical treatment process changes. The construction of a project of this magnitude typically takes 18 to 24 months, To maintain its discharge permit, SWSD must begin construction ofthe new plant in2OU in orderto meet its required deadline of 2020. This schedule will provide sufficient time to condition the new process biology, address any construction issues that might arise, and train plant operations staff on the new equipment and procedures before the April 2020 deadline for Regulation 85. . The new WWTP plant will have a sod roof that will be irrigated with reuse water. . The exposed faces will be split-faced cMU. o The roofline of the new WWTP will match the €levation of the existing wastewater plant 17 ,es6']'. . The main level ofthe new plant will be on grade with the parking lot at an elevation of 7,935' The lower floor level will be at an elevation of 7,918' - 17 feet below grade. o The footprint ofthe new plant is 33,150 square feet. . Energy efficient motors and equipment will be installed throughout the new plant. . A new carbon adsorption odor-control system will be installed. o WWTP staffing levels will remain the same as they currently stand. o New asphalt in the parking area, along with new curbs and new sidewalks, will be installed. . The new storm sewer design will help dewater the site and new parking lot. . The District will increase the number of parking spots from the current level of fourteen to thirty-two spots, including at least one ha n d ica pped-accessible spot. o The administrative office will be handicapped-accessible (or ADA compliant). . Covered material storage will give the parking lot a cleaner and more organized appearance, . The layout of the plant will blend in with both the golf course as well as existing buildings. . A budget has been developed to landscape the west face ofthe building and parking lot with trees and bushes in order to present an attractive, aesthetically pleasing exterior for all who view the new building. Construction of the new facility will last approximately two years. While construction is in progress, the District will conform to the construction management plan and will periodically give the town progress updates. When completed in 2019, the new facility will beaheadofthecurveoperationallyand aesthetically in comparison to other Colorado wastewater treatment plants. Page 6 of 186 sNowMASS Wlrm & Sexrenolr 02-21-17 TC Packet -/\ /7 I / \7 \t \f \7 .A I I 6 AIGD WWTF l{utrient Improvements +Snowmass Water 8. Sanitation District Presented to TOSV February 2017 02-21-17 TC Packet Page 7 of 1Bo tl i/L.i7 "/I\7 \t t \f !7 I LI l.--+---F--F-*t#Project Background Ia- o Reg. 85 - Nutrient Control Passed by state tn2012 Improve Water Quality Limit eutrophication in surface waters Imposed WWTF effluent limits o Total Inorganic Nitrogen (TIN) - 1 1.4 mgll o Total Phosphorus (TP) - 1.0 mgll l 02-21-17 TC Packet Page B of 1BG + -/\ /7 I .//\7 \I I\I 7 t !7 I Project Background -f Existing Facility Really two plants o OP built in l97B . NP built in 1996 Designed for BOD removal and Nitrification Equipment at end of service life Cannot reduce TN or TP to meet pendirrg reg's 02-21-17 TC Packet Page 9 of 186 N !No [-r *L tI \ I IlIr III * TII TII 'Ct T \ aaEIlI.-J -r - ar- *rE rf,lrrr --3.aii.lia;i+-nrtr*!.r5!' \e qd o tr{ -1)-{op{ Oofi t IT H I H T { J Existing Site I +$f 02-21-17 TC Packet Page11of186 ffi I r:r*ti * ltil*l J * *-'<-* Existing Site I I 02-21-17 TC Packet rtttt I *_z t r-.-fi -J-J*L-J- t Page 12 of 1BG I a0 F4F{ o tr{ C4F{cN tr{d Oc F.l cDc.E oN l!F B =oc,3 CN oo . :Ol Q,,.,; "'I L b. /I \7 \7 I'iE,EII[!,,... i IIII-E \\\I .//I != tt IItt It .E 5 / I T 4. 7a, I 7 + t t I II\I/7 N / \7 \tI\t-// !7 tl lt Improvement Project featment Capacity 2.46 Million gallons per day (30-day average) Based on 20-yr growth projection O CURRENT DESIGN 0.67 MGD summer (30d avg) 1.64 MGD 1.0 MGD winter (30d avg) 2.46 MGD 1.5 MGD peak day at runoff 3.28MGD . Design cap actty is roughly 2x curcent flows o District is 85% built out - projected flows not likely o Top of watershed - "no more water available" Page 14 of 1 BG {+ tr!..arE-lh{-}-* 02-21-17 TC Packet ent Flows :T ,/7 \ 't 7 \ T \/ 1.9) 1.O 1.40 1.20 LM 0.9) 0.60 0.40 0.20 0.m rt .2 r3 a4 r5 t6 a7 r8 r9 r10 r11 r12 r13 r14 r15 r15 r17 r18 r19 r20 a2l 22 .23 r24 e25 *26 '4 27 28 r29 *30 June August September 1 a May .luly /7 ./ \7 \r I \./I -7 -t , rovement Project atutory Requirements CDPHE TOSV o Building permit - NFPA (fire authority) OSHA 02-21-17 TC Packet Page 16 of 1Bo fT Ft+t -rffi /7 / \7 "t l t I / !7 I I I r-\I I I Improvement Project ient removal process (A2O) Max tmrze b io 1o gic al tr eatment minimtze chemical use . Need additional process structures Only avarlable land is within ex. Pond 02-21-17 TC Packet Page 17 of 186 I Existing S ite :I B61B oPage02-21-17 TC Packet ffi I -4-1 b-r-- - ,t i*j*-* rovements &.-*tr-.*.---t-- I C3Pm*lr Sile lmprorcmts Plon *& #****"t 7 \7 \ a -! \./t \1 \ \Itl I {/ EE-EEtrlE-E-rc!t-rE- 02-21-17 TC Packet 2.46 MGD WWTF Nulrient lmprovenxnts Page 19 of 186 tll *ft nTt I \ \,\ /irtt\,\i\ / -THJtn \ /7 i 'l 7 \A a \\7 I I a a 7 /\,l t 7 I I ment Process 1 t I I {*."; 02-21-17 TC Packet Page 20 of 1 86 d /7 ./ \7 \l Y!\7 !7 I I;( t L t---t--+--t*- rovement Project ood Neighbor" requirements Odor Mitigation and Control Aesthetics "Buried" structures oAdds>$tM 02-21-17 TC Packet Page 21 of 186 ll L. 7 I r'I\v \-t a\/\t\v \I I i] I I:IIIIITIIII:IIIIIIIrIIIIIIIIIIITIIIIIII IIIIIIII IIII IIII IIlIXIIT3IMITIIIIIIIIrIIITI II7 ii'\7/I f L .- IIIIII IIII IIIIIIIIII nx f"'t--i--J*L;-"J--6 rovements P**** I I C3P.frit 5oa 2,{6 MGD WWTF Nutrient lmp.ffir$s SirB lmprovem€fl|s Plon ---+-*-+*4-*tti*-rT r* *"J"*.*"1-*...i-,,-" 02-21-17 TC Packet :eB WdL. & Soiblion Ddrtc Page 22 of 1 Bo 1 a I \ \ I l I I / I --F J Existing Site tt sr 02-21-17 TC Packet Page 23 of 1 Bo * 'rt *,1 lr 'il ":-.ry: {b-- r;i' H S te Improvements1 a ttt+ @um AC et age o lxllnm ml,I I r 1i g rl ffi:rti jrQx a-mf,F.'-L -** E_. lr- Existing Site + 02-21-17 TC Packet Page 25 of 1 Bo l-..+.--l--+--l I (,-----. .- -fl - "-1 tF. I I I .a \ /I -/Ll ^/ -7 Y l\ t \7 !7 Site Improvements WBilt ffiT t LT Ttr ,l F' i {L <> I a!txr 1l ' .r.. :. -. br-.---. I w '/ I \ Itltl I -a L.I /7 ! ,// \7 I )I \/ 7! I tt Archite ctu r aL F e ature s (A4 Architects) :t f s -*-+ ++---+*--+ -"+-f 02-21-17 TC Packet /. il .-/Pai hxt rlSil \s!/ ,.r._-'-1' f,--+ Page 27 of 1 Bo iI It-r t-*"{"- t**h*4- tI on Sequence \\ III r***& I.* *t r \7 "!I vl\/I .t /.l /l I \ r] o T 02-21-17 TC Packet Page 28 of 1 BG tructa I i I\ .-\ a t tt la ill B. t I \ 1 /\I I I7! /./lEI\7 \lII/ !7 I ction Management Pl an (swsD) Access - o contractor limited onsite . Excess to use Interceptor Lot Materral Handling o Approx. 10,000 cy import o Limited onsite space for spoils ' Ultimately based on contractor schedule and sequence Visual Screening o -150 lf of temp. privacy fence to screen Club -+-t-+t-+ 02-21-17 TC Packet Page 29 of 1 Bo I tlt ttt L.I/7 ! f I \7 \! \7 t t !7 r H -fi ction Management Pl an (swsD) t affic Routing o Highline is designated access route Work hours - +o M-S 7am-6pm o Sun (work inside buildings only) o Deliveries restricted during Holidays and TOSV events 02-21-17 TC Packet Page 30 of 1 Bo AC age ll Traffic Rout oo a tIIIaIIItI a s*I TItI Itr l,{..s**tt r*r**s$ltlfr I.xspipal5 ll \ t ) *\ { . a F i \r \ l}. l.- lt:l {iI'-:i' I,I T -* : f t ) tI I I f t I I a 2 fi r t- \ E t f --}{. \ :h \ /7 I I \\7 l \7 !7 rr f Project Schedule --,4,- Contractor bid Start construction WWTF startup Project Completion CDPHE, Compliance Spring 2017 May 2017 Summer 2019 Fall 2019 April 2020 02-21-17 TC Packet Page 32 of 1 Bo m ffi Nga DtsTntcT This construction management plan addresses the impacts associated with the construction of the Snowmass Water and Sanitation District Waste Water Treatment Plant (WWTP) expansion. Construction will commence in the spring of 2017 with the dewatering of the WWTP pond, followed by the foundation excavation, removal of material from the site and the construction of the new plant. lnitial earthwork will take place in May-June. The purpose of this CMP is to address the issues related to parking, material storage, access to the construction site, and project implementation. New Plant Main floor (8 aeration basins) - 16,800 sf Main floor (2 clarifiers) - 14,650 sf Lower floor (filters and ultraviolet treatment) - 13,900 sf Administrative offices - 1-,700 sf Total = 47,050 sf Footprint - 33,150 sf Most of the existing WWTP will be modified, upgraded or repurposed. Existing Plant 4 aerobic basins will be converted to anoxic tanks; l clarifier tank will be converted to an anoxic tank; 4 rotating biological contactors will be removed and odor control equipment will be installed; l clarifier tank will be converted to an equalization basin; 02-21-17 TC Packet Page 33 of 186 SNOWMASS Wnrrn & Se,Ntrenon Snowmass Water and Sanitation District Wastewater Plant Expansion Construction Management Plan 1) Project Description . The project includes the construction of a new wastewater treatment facility within the footprint of the existing WWTP tertiary treatment pond. The 47,050 sf concrete building will have a 33,150 sf footprint. 2 aeration basins will be converted to equalization tanks; 2 re-aeration basins will be converted to anaerobic tanks; Old equipment in the WWTP headworks will be upgraded and replaced 2) ProjectDocumentation . The contractor will maintain applicable local, state, and federal licenses and permits that apply to the construction project. A project sign will be constructed and posted in a location where it is readable from the street. 3) General Environmental Protection o All site clearing, excavation, and landscaping will be conducted in accordance with the site specific environmental plan to reduce the impact on local ecosystems. Silt fencing will be used to protect the wetlands and streams in the vicinity of the project. All hazardous and toxic materials will be disposed of or treated as per the ma n ufactu rer recom mendations. All concrete trucks and pumps are prohibited from disposing any excess concrete material or washout on the site. The disposal of such excess material will be the responsibility of the supplier. All fueling of vehicles and construction machinery must be conducted in a designated area to prevent accidental leakage or spills. 4) Access All machinery used on the project must abide by the TOSV noise abatement standards All access to the construction site will be primarily from Highline Road to Clubhouse Drive. Occasional deliveries of twin tees may need to access the site from Brush Creek Road to Clubhouse Drive. lt's not anticipated that there would be cause to close Highline Road, Clubhouse Drive or Brush Creek Road at any time during the construction. Construction fencing will be used onsite to define areas of disturbance and limit access, Fencing on the west side of the site will be an 8' fence with screened mesh The access gates, fence, and signs will be maintained, kept intact and neat in appea rance. a 02-21-17 TC Packet Page 34 of 186 5) Traffic Management o The primary parking area will be on the Snowmass Water and Sanitation District's property. During times of heavy contractor traffic, contractor parking will be minimized on site and contractors will be responsible for shuttling their workforce from the intercept lot. Peak traffic times of 7 am to 9 am (10 am during ski season) and 3 pm to 5 pm are to be reasonably avoided, whenever possible for major material deliveries during ski season and summer season. 5) Staging and Lay-down Areas o The area inside the District's property will be used for construction staging and materials lay-down. Trailers and construction boxes will be installed on the site for the duration of the construction project. Truck speed limits will be monitored and kept to a level that does not create excessive d ust during dry periods. A water truck with a qualified operator will be on-site as needed to water all soil exposed as a result of construction. A water truck will be used during dry periods to wash down streets, control on-site dust, and minimize airborne dust on haul roads. Tracking of soil onto town streets will be minimized by onsite mitigation measures. When tracking of soil occurs onto town streets the contractor shall effectively high pressure wash, flush and clean the roadways. a 7) Fugitive Dust Plan . A fugitive dust management plan will be prepared and applied to all operations and activities during construction. Tire anti-tracking devices will be used at all construction exits. ln some cases, these may be comprised of a gravel or cobbled road base and, if necessary, heavy steel plates with large steel angles welded to the plate may be required to create tire mud knockoff areas. These ATD's will be cleaned regularly during the day. a Page 35 of 186 A traffic control coordinator will be designated for the pro.ject. The traffic control coordinator will develop a written delivery plan, manage all deliveries to the site, develop and enforce a policy that all deliveries must be coordinated through the traffic control coordinator and limit deliveries during peak skier traffic times. The traffic control coordinator will ensure identified and established guidelines are complied with and consistent throughout the project. Staging of large materialdelivery trucks may be done onsite. 02-21-17 TC Packet 8) Storm Water Management and Erosion Control . The contractor shall follow the storm water management plan and erosion control plans for the control of water quality and erosion from the site disturbance during the con struct ion period. Prior to any site disturbance silt fences, erosion control structures and water quality devices shall be installed and approved by the engineer. Throughout the duration of the project the contractor shall maintain all of the installed devices. All disturbed soil areas will be revegetated as soon as possible after grading operations are complete. All erosion control and water quality structures shall be inspected on a weekly basis, or after significant storm events to insure that all protection devices are operational. Any devices that are deficient shall be replaced or repaired by the contractor. Best management practices will be observed to handle storm water throughout construction. Storm water leaving the construction area will be filtered prior to discharge to Brush Creek using such techniques as straw bales and waddles. The contractor will be required to obtain and adhere to a storm water discharge permit from the State that may be modified according to the construction schedule. The contractor will store construction materials and equipment in confined areas on the site from which runoff will be contained and filtered. Materials will be stored off the ground and protected from the weather by a cover or stored in a container such as a van or trailer. An earthen dike will be constructed around the perimeter of the fuel storage area to prevent materials from contact with surface runoff. Equipment maintenance will be performed in a designated area and standard maintenance procedures, such as the use of drip pans, will be used to contain petroleum products. 9) Construction Waste Management . Reduction and reuse of waste material on the site will be through a specific site waste management and separation program including the recycling of all applicable products. All food waste must be disposed of in specified receptacles to prevent access by bears and other wildlife. The construction site will be maintained and kept clean of trash and debris by the contractor. a 02-21-17 TC Packet Page 36 of 186 10) Construction Hours Standard hours for exterior activities will be Monday through Saturday, 7 am to 6 pm Deliveries will be restricted during legal holidays and during TOSV scheduled events. Construction occurring inside buildings, that are not disruptive to the general public, may take place 7 days a week with unlimited hours. Prior to commencement of construction, Snowmass Water shall designate responsible parties to provide direct communication with the appropriate TOSV personnel and provide responses to complaints. Engineers representing the District shall be responsible for providing information of general construction activities and schedules. An email construction notice list will be developed and regularly scheduled construction updates will be distributed to the appropriate ToSV, Snowmass Club and Club Commons personnel. The TOSV police department will be notified of major material deliveries and concrete pours. Regularly scheduled construction updates will be distributed to the police de pa rtm e nt. 11) Contact List o Owner: Snowmass Water and Sanitation 970-923-2056 o Owne/s Representative: Kit Hamby 970-309-4773, lason Fineran 970-309-5654 . Contractor: TBD . Project Manager: TBD . Project Engineer: SGM, Chad Paulson 970-945-1004 . Fire Departmenti 970-923-22L2 . Snowmass Village Police: 970-923-5330 . Town of Snowmass Village:. 970-923-3777 02-21-17 TC Packet Page 37 of 186 To achieve the proposed schedule in this plan and in order to facilitate the execution of certain portions of the construction, variations from the standard hours of operation may occasionally be necessary. On such occasions, prior notification will be given to the town manager, or approved designee, with as much lead as possible. DRAFT 2017 Agenda ltems Mon. Mar 6t - Regular MeetinR . Reso 18 - Fire Station Remodel and lnterim Site Review per IGA . Ord 5 - 1't Reading Snowmass Mountain PUD Amendment Special Review . Joint Mtg with PC - Enclave PUD Amendment (Tentative) . Ord 7 - 1't Reading Budget Amendments o Ord 4 - Lst reading Sonnenblick Minor PUD Amendment . Reso 17 - Building 5/Plaza ArchitecturalReview t - Work Session . lntegrated Transportation System Plan . Resiliency Plan Overview - lnformative Memo from CORE only (no presentation)???? Or perhaps presentation from NWCOG????? Mon. Mar 20! - Regular MeetinR o Ord 5 - 2nd Reading Snowmass Mountain PUD Amendment Special Review . Ord 7 - 2"d Reading Budget Amendments . Tourism Update Mon. Apr 3d - Regular Meeting . Ord 6 - 1't Reading Burlingame Cabin Rezoning . Joint MeetinB with PC Enclave PUD Mon. Apr 1Ou - Work Session - Cancelled in observance of Passover Mon. Apr 17t - Resular Meetins . Ord 6 - 2"d Reading Burlingame Cabin Rezoning Mon. May f - Resular Meeti ng Mon. May 8u - Work Session Mon. Mav 15t - Reeular Meetine Mon. June 5t - Reeular Meeting Mon. June 12$ - Work Session Mon. Mar 13 02-21-17 TC Packet . Regular Meetings begin at 4:00 p.m. unless otherwise noted . Work Sessions begin at 4:00 p.m. and aim to end at 6:00 p.m. . The dates on which agenda items are listed are only a best approximation. ABenda items are added to this list as they arise. Agenda items may well be moved to different meeting dates. Agendas are generally not finalized until the Thursday prior to the meeting. . ln addition to agenda items, this document also lists expected absences ofTown Council members. In compliance with section 2-49 of the municipal code, once the consent agenda is approved, the absences noted will be considered to have received the prior approval necessa ry of the majority of the Cou ncil for members to be absent from meetings. 2017 Meetines Page 38 of 186 DRAFT 2OL7 Agenda ltems Mon. June 1 Mon. July 3d - R esular Meeti ng . EAB Environmental Leadership Award Presentation Mon. July l0t - Work session Mon. July 1 Mon. Aug 7t - Resular MeetinR Mon. Aus 14t - wor k session Mon.P2L $ - Regular Meetine Tue. Sept 4t - Repular Meetins Mon. Sept 11$=]ils4le$!pn Mon. sept 18t - Regular Mee!!!g Mon. oct 2d - Regular Meeting n.- Work session Mon. Oct 15$- Resular Meeting Mon. Nov 6s - Regular Meeting Mon. Nov 13s - Work Session Mon. Nov 20u - Resular Meetins Mon. Dec Mon. Dec I u - Special Meetins Mon. Dec 17u- RePular Meetins 02-21-17 TC Packet Page 39 of 186 DRAFT 2017 Agenda ltems Topics fo r Work Sessions or Other Meetinqs Requested Bv Town Council l\,4embers Update on Daly Town Home request for a meeting regarding retaining wall How did they do that; a presentation of the Energy Navigator from the EAB/PW Discussion of the potential for implementing a vacancy tax Discuss putting a Council member on the Sister Cities Board Meet with EAB and prioritize Sustainability goals Update on POW Campaign (Protect Our Winters) IGA with water and sanitalion dlstrict for land use review (Plant Expansion) Receive an Update from the Northwest Council of Governments - Liz Mullen-970-468-0295 ext 123 Update on Grand Avenue Bridge replacement project in Glenwood Review, tJpdate, check in with Town Council Goals; Demonstration of the new web assets: transit and recreation RFTA Rail Road Corridor. Update on access controlplan, design guidelines and comprehensive plan for managing corridor --- Overview of the Re-Op fund it uses and success Review of Town Charter for possible change to Recall procedures and possible other updates Housing strategy - discuss a potential regional approach to aging in place/ work with Pitkin county and county senior services-aging in place. Capital Peak/ Hayden Lodge Request for a group discussion (2/1/'16 meeting) Aging in Place Discussion with Pitkin County Senior Services HOW DID THEY DO THAT? Presentations by various departments on a variety of operational issue Update on Solar and Renewable Energy for the Town of Snowmass Village Discussion wilh Daly Townhome Owners regarding retaining wall. 02-21-17 TC Packet Page 40 of 186 Town of Snowmass Village Agenda ltem Summary DATE OF MEETING: February 21,2017 AGENDA ITEM: Resolution No.22 of 2017 - Adoption of a High lmpact Events Calendar for Construction Management Standards and Restrictions PRESENTED BY: Travis Elliott, Assistant to the Town Manager BACKGROUND: ln accordance with section 18-3 of the Municipal Code, construction activities and noise are prohibited in Snowmass Village outside of the hours of 7:00am - 6:00pm Monday - Saturday and during all national federal holidays. ln addition to these restrictions, the Town Council may also adopt a "High lmpact Event Calendar," which establishes additional dates that are of significance to Snowmass Village. These high impact events then become eligible for additional restrictions to construction noise and activity. Staff has determined that there are 11 such events that should receive the designation of "high impact." Resolution No.22 of 2017 establishes these events and their associated dates. FINANCIAL IMPACT: There are no direct costs to the Town associated with the adoption of Resolution No 22. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: N/A COUNCIL OPTIONS: 1. Adopt the Resolution 2. Adopt the Resolution with modifications 3. Reject the Resolution 02-21-17 TC Packet Page 41 of 186 STAFF RECOMMENDATION: Adopt the resolution establishing a High lmpact Event Calendar ATTACHMENTS: Resolution No.22 of 2017 02-21-17 TC Packet Page 42of 186 I 2 3 4 5 6 7 8 9 l0 ll t2 l3 t4 l5 t6 t7 l8 l9 20 2t 22 23 ai 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 4t 42 43 44 45 46 47 48 49 50 5l TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO.22 SERIES OF 2017 A RESOLUTION DESIGNATING THE HIGH IMPACT EVENT CALENDAR IN ACCORDANCE WITH THE MUNICIPAL CODE CONSTRUCTION MANAGEMENT STANDARDS AND REUGLATIONS WHEREAS, Section 18-3 of the Municipal Code restricts construction times and noise; and WHEREAS, Section 18-12 of the code states that the Town Council may further prohibit or otheMise limit excessive noise-producing construction and vehicle activity from occurring during peak seasons, major special events, and other holidays throughout the year; and WHEREAS, such dates shall be determined by the Town Councll by resolution; and WHEREAS, ln order to provide adequate notice and clear expectations to contractors and developers such resolution must be adopted before l\ilarch 1st; and WHEREAS, the Town Council recognizes the following dates as major events that bring many guests and visitors into Town; and WHEREAS, these events require coordination of many parties and Town resources to ensure a safe, enjoyable, and successful experience for event attendees; and 02-21-17 TC Packet Page 43 of 186 WHEREAS, said events occur outside of the normally restricted dates and holidays under section 18-3 of the Municipal Code. NOW, THEREFORE, BE lT RESOLVED, by the Town Council of Snowmass Village, Colorado: That the following dates be considered High lmpact Events eligible for construction activity restrictions under Section 18-12 of the Municipal Code: June 9, 2017 - Porsche Club of America Rocky Mountain Car Show June 9 - 10, 2017 - Snowmass Craft Beer Rendezvous & Ragnar Trail June 28, 20'17 - Haute Route June 30 - July 2, 2017 - Bluebird Art and Sound July 26 - 30, 20'17 - Enduro World Series August 4 - 6, 2017 - CO Scottish Festival and Rocky Mtn. Games August 5, 2017 - Audi Power of Four Mountain Bike Race August 6, 2017 - Audi Power of Four Trail Run August 25 - 26, 2017 - Ragnar Road Relay September 1 - 3, 2017 - JAS Aspen Snowmass Labor Day Experience September 8 - 10,2017 - 4l"tAnnual Snowmass Balloon Festival 52 53 54 55 56 57 58 59 60 6l 62 63 64 65 66 68 69 70 7t 72 73 74 75 76 77 78 79 80 8l 82 83 84 85 86 INTRODUCED, READ, AND ADOPTED, by the Town Council of the Town of Snowmass Village, Colorado on the 21't day of February, 2016 with a motion made by Council Member _and seconded by Council Member The motion was approved by a vote of_ in favor to _ opposed. 17-22 Reso Page 2 ol 2 ATTEST: September 14, 2017 - Aspen/Snowmass Vintage Car Race TOWN OF SNOWIV]ASS VILLAGE MARKEY BUTLER, Mayor RHONDA B. COXON, Town Clerk APPROVED AS TO FORM JOHN C. DRESSER JR., Town Attomey 67 02-21-17 TC Packet Page 44 of 186 Town of Snowmass Village Agenda ltem Summary DATE OF MEETING February 21,2017 AGENDA ITEM: Sonnenblick Condominium Association: First Reading of Ordinance 4, Series ol 2017, Approving a Rezoning from Specially Planned Area (SPA-1) to Multi-Family (MF) and Approving a Final Planned Unil Development (PUD) to Allow for the Addition of Garages to the Sonnenblick Property. PRESENTED BY: Chase Anderson, Planner Julie Ann Woods, FAICP/MLA, Community Development Direclor BACKGROUND: The Applicant has requested a withdrawal o, their current application as described in the attached letter. FINANCIAL IMPACT Not Applicable. APPLICABILITY TO COUNCIL GOALS & OB]ECTIVES: Not Applicable. COUNCIL OPTIONS 1. Town council could terminate the process by denying approval of First Reading.2. Town Council could continue the public hearing to a date certain. stafi recommends that Town council accepr the request for withdrawal of the current rezoning application as represented in ordinance 4, series ol 2o1l alFirst Reading,effectively terminating the application for Amendment of the oflicial zone oiJici rr,l"ap. STAFF RECOMMENDATION: 02-21-17 TC Packet Page 45 of 186 ATTACHMENTS 1. Withdrawal request letter from Applicant 02-21-17 TC Packet Page 46 of 1 86 John Dresser Sent: To: Cc: Subject: From:Lance Cote <cote@kceclaw.com> Thursday, February 16,2017 2:2OPM John Dresser Barnett Davis; Hiram ChamPlin Sonnenblick application John, as we discussed this morning, I represent the Sonnenblick homeowners association. After discussion with Barnett Davis, co-president, the Association has determined to withdraw its application and refile for a minor pUD application. please direct the community development department to process this new application immediately. Thanks for your help in moving this forward. Lance R. Cotd KIC EE KLEIN COTE EDWARDS CITRON uuc ATTORNEYS l0l South Millstreet, Ste.200, Aspen, CO 8l6l I lTele: (970)925-8700lFax: (970)925-3917 I cote@kceclaw.com I www.kceclaw.com IRS CIRCULAR 230 NOTICE: This document was not intended or written to be used, and it cannot be used, for the purpose oiavoiding tax penalties thal may be imposed. In addition, this information cannot be used in promoting, marketing or r".o*r*nding to another party any transaction or matter addressed herein. CONFIDENTIALITy NOTICE: This email transmission and any attachment(s) may contain confidential information which is legaly privileged. This information is only for the use of the intended recipient. If you have received this email transmission in error, piease notiry us by email at the address above and delete this email' Thank you. 02-21-17 TC Packet Page 47 of 1 86 1 Town of Snowmass Village Agenda ltem Summary DATE OF MEETING February 21 , 2017 Sonnenblick Condominium Association: First Reading of Ordinance 4, Series of 2017, Approving a Rezoning from Specially Planned Area (SPA-1) to Multi-Family (MF) and Approving a Final Planned Unit Development (PUD) to Allow for the Addition of Garages to the Sonnenblick Property. PRESENTED BY: Chase Anderson, Planner Julie Ann Woods, FAICPiMLA, Community Developmenl Director BACKGROUND: At the February 6, 2017 Town Council meeting (which was noticed for a First Reading of Ordinance 4,2017\, a number of neighbors spoke against the approval of the garages for the Sonnenblick project. During public testimony, the legal representative for neighboring Aspenwood Condominiums raised issues regarding the process that was being followed. At question is how a PUD Amendment process be used when a PUD was never approved for the property in the first place. Following the meeting, Staff met with the applicant and suggesled that they withdraw lheir application and re-apply for a Minor PUD, thus terminaling the first reading of Ordinance 4. The Applicant informed Staff yesterday that they "request that the matter be continued to a date certain to allow the applicant time to pertect any deficiencies with the cunent land use application that may be required.' Staff was in error in processing the case as a PUD Amendment and the only way to perfect the deficiencies is to begin the process again. Not Applicable. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: 02-21-17 TC Packet AGENDA ITEM: FINANCIAL IMPACT: Not Applicable. Page 48 of 186 COUNCIL OPTIONS: 1. Town Council could terminate the process by denying approval of First Reading. 2. Town Council could continue the public hearing to a date certain. STAFF RECOMMENDATION: Staff recommends that Town Council not approve Ordinance 4, Series of 20'17 at First Reading, effectively terminating the application for Amendment of the Official Zone District Map. This will allow the applicant to immediately apply for the creation of PUD and the attendanl zoning amendment. ATTACHMENTS: '1 . Ordinance 4, Series of 201 7 2. Email chain of correspondence between Staff and Applicant 3. Staff Report 4. Planning Commission Resolulion 9, Serles of 2016 02-21-17 TC Packet Page 49 of 186 I 2 J 4 5 6 7I 9 l0il l2 t3 l4 t5 t6 l7 I8 l9 20 2l 22 23 25 26 27 28 29 30 3l 32 33 34 35 36 )t 38 39 40 4t 42 43 44 45 46 47 48 49 50 5l Agenda ltenr Summary Attachnrent I TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 4 SERIES OF 2017 AN ORDINANCE APPROVING A REZONING FROM SPECIALLY PLANNEO AREA {SPA.1} TO MULTI.FAMILY (MF} AND APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR THE AODITION OF GARAGES TO THE SONNENBLICK CONDOMINIUM PROPERW. WHEREAS, on January 28, 1969, Pitkin County accepted the Plat of West Village Unit F dedlcating each road platted as an easemenl reserved to Snowmass; and WHEREAS, on October 14, 1983, Pitkin County accepted the plat of Conference Center Subdivlsion, Lot 1, Filing 1, referenced in Book 15, Page 46 dedicating real property subjecl to easements and encumbrances and the streets shown as Elbert Lane and Fall Lane to the use of lhe public forever; and WHEREAS, on April 17, 1989, Snowmass Village Town Council Resolution No. 22, Series of 1989, was approved for a subdivision exemplion for the purpose of allowing the condominiumization of the Sonnenblick Building West Village Unit F): and WHEREAS, on August 5, 1991, Snowmass Village Ordinance No. 15, Series of 1991 , was approved for the addition of deck space and heated space. Heated space was added to the north and south end of the building- Decks were added to the east ofthe building, which are located within 25' of the West Fork of Brush Creek; and WHEREAS, on September 3, 1991, Snowmass Village Town Council Resolution No. 39, Series of 1991, was approved for permitting an amendment to the Sonnenblick Condominium Plat in associalion with the addition of deck and heated space; and WHEREAS, on November 8, 2012, an Administrative Modification was approved for interior floor area changes consisting of loft space with the condilion that further development improvements shall be reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Developmenl; and WHEREAS, on September 12, 2014, Pitkln County accepted a Subdivision Exemption Plat for Sonnenblick Condominiums in Book 108, Page 8 Reception No. 613475 noting Quit Claim Deed from Silvertree Propco, LLC to Sonnenblick Condominiums, lnc. Reception No. 589481; and WHEREAS, the proposal was processed in accordance wilh 16A-5-390, Amendment of Final PUD, and 16A-$220, Amendment to Official Zonino Diskict Map of the Municipal Codei and WHEREAS, the Plannang Commission reviewed lhe noted considered lhe recommendations of Town Staff on December 21, 2016; and application and WHEREAS, the Planning Commission approved planning Commission Resolution No. 9; Series 2016 on December 21, 2016 with recommendations to Town Council. 02-21-17 TC Packet Page 50 of 186 TC Ordinance 4, series of 2017 Page 2 of 5 NOW THEREFORE, BE lT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: Miscellaneous Findings - 1) As a condition of the November 8, 2012 administrative modification process, the proposed garage improvements will be processed pursuant lo the procedures and standards of Article V, Division 3, Planned Unit Development. 2\ The Applicant submitted the applications for the Minor PUD Amendment and Rezoning in accordance with the provisions of the Municipal Code. 3) The initial and updated applications provided the "Minimum Contents' required pursuant to Sections '16A-5-220 and 230, and included written and graphic materials in sufficient detail to deem the applications complete for review. 4) The Planned Unit Development Guide determines development parameters of the property supplementing and superseding, if applicable, the development parameters of the underlying zoning 'Multi-family. (see Exhibit A). 5)Minor architectural adjustments to roof pitch of the garages may be reviewed and approved by Staff administratively during time of Building Permil application zoning review, provided no snow or water is directed towards neighboring properties or garage doors. b) 7) The Snowmass Water and Sanitation District (SWSD), has provided written confirmation of an approval of lhe conceptual plans for the Sonnenbtick Condominium garages as further described in their letter dated November 15, 2016,which provides acceptable authorization to build based on certain conditions set forth. 8)Allowing for the proposed development within 25' setback of the West Fork of Brush Creek is not inconsistent with the review standards of the Land Use Code Section 16A-4-30 Brush Creek lmpact Area or Section 16A-4-0 Floodplain and Wefiand Areas, the Comprehensive Plan or the associated Environmental Sensitivity Map and Brush Creek lmpact Zones Map, upon waiver of this requirement by 'the Town Council. Section o: Action Pursuant to the findings stated in Section One of this ordinance, the The Snowmass \Mldcat Fire District (SWFD), has provided written confirmation of an approval of the conceptual plans for the Sonnenblick Condominium garages as further described in their letter dated November 3, 2016,which provides acceptable authorization to build based on certain conditions set forth. Page 51 of 186 52 53 54 55 56 57 58 59 60 6l 62 63 64 65 66 67 68 69 70 7l 72 73 74 75 76 77 78 79 80 8l 82 83 84 85 86 87 88 89 90 9t 92 93 94 95 96 97 98 99 Section One: General Findinqs. The Town Council generally finds that: 02-21-17 TC Packet t00 t0l t02 103 I04 105 106 107 r08 t09 ll0lul2 ll3|4 ll5 ll6 lt7 ll8 ll9 120 t2t t22 123 124 t25 126 t27 128 129 130 l3l t32 t33 t34 135 136 137 138 I39 t40 l4l 142 143 144 145 146 t47 TC Ordinance 4, Series of 2017 Page 3 ot 5 Town Council waives the developmenl setback of 25' from West Fork of Brush Creek and approves lhe rezoning from specially planned area (SPA-1) to multifamily (MF) and approves a final planned unit development (PUD) to allow for the addition of garages to the Sonnenblick Condominium property sublect to satisfactorily implementing the conditions in Section Three of this ordinance. Section Three: ConditienE.The Town Council makes the following conditions for the approval of the applications: Prior to lssuance of a building permit - 1) Wth the submittal of the building consfuction plans, and prior to the issuance of a permit, the applicanl should proMde: a) a detailed Construction Management Plan that demonstrates compliance with Ordinance No. 12, Series of 2007, standards and regulations for construction management wilhin the Town and adequately addresses the issue of construction interruption to the satisfaction of the Building Offcial; and b) updates to the PUD guide with the recommendations of Planning Commission and Town Council included to the satisfaction of Planning Staff; and c) an erosion plan; and d) a detailed landscape plan to be approved administratively by Planning Staff; and e) a grading and drainage plan by licensed civil engineer to be approved adminislratively by Planning Staff; and 0 demonstration of; andi) refuse containers or enclosures to be Vvildlife Resistant Dumpster Enclosures pursuant to the Section 7-34 of the Municipal Code; and ii) containers to be maintained in accordance with Section 7-153 of the Municipal Code; and iii) construction site refuse to be handled as described in Section 7-156; and iv) knowledge that feeding of wildlife is prohibited. g) a signed letter from Snowmass Water and Sanitation District approving the structural plans of the garages; and h) a signed agreement between Sonnenblick representatives and the Snowmass Water and Sanitation District allowing construction within an easement. During construction - 2) Best Management Praclices are employed to prevent erosion runoff into the west Fork of Brush Creek. 02-21-17 TC Packet Page 52 of 186 t48 149 150 I5l t52 t53 t54 155 156 157 158 159 t60 l6l t62 r63 164 165 166 t67 168 t69 170 t7l 172 173 t74 t75 176 t77 178 179 180 l8t 182 183 t84 TC Ordinance 4, Series of 2017 Page 4 of 5 3) lf needed, extended construction work hours may be requested from the Community Development Direclor in order to meet phasing schedule and completion date of fall 2017. b) install signage indicating that no storage of vehicles, additional parking, planting strucfures, or the like, are permitted to be located or stored, even temporarily, along the exterior of the proposed garages- 4l 5)acknowledge that no additional permanent or temporary slructures shall be allowed or permitted by the Town to be located between the proposed garages and the northerly property line of the parcel. submit a condominium map amendment for administralive consideration and processing, locating the as-built improvements and detailing the general common elements and limited commons elements on the property. 6) Section Four: Severabilitv. lf any provision of this Ordinance or application hereof lo any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effec{ without the invalid provision or application, and, to this end, lhe provisions of this Ordinance are severable. 185 t86 187 188 t89 r90 l9t 192 193 ts4 REAO, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass Village on February 21, 2017 upon a motion by Council Member _, the second of Council Member _, and upon a vote of_ in favor and _ against. Page 53 of 186 Post construction - 4) Prior to issuance of a final Certificate of Completion, the applicant shall: a) substantially r+vegetate all disturbed areas; and TOWN OF SNOWMASS VILLAGE put in action an enforcement plan that prevents the portion of the 24' wide access along Fall Lane located inside the boundary of the Sonnenblick property from being obstructed and will remain clear and open at all times for fire and emergency vehicles. INTRODUCED by the Town Council of the Town of Snowmass Village onFirst Reading on February 6, 2017, upon a motion by Council Member the second of Council Member _, and upon a vote of _ in favor and _against. 02-21-17 TC Packet 195 t96 197 198 t99 200 201 202 203 204 205 206 207 208 209 210 2lt 212 213 214 TC Ordinance 4, Series of 2017 Page 5 of 5 ATTEST: Markey Butler, Mayor By: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John Dresser, Jr., Town Attorney Exhibits by Reference:'r Exhibit A - PUD Guide 02-21-17 TC Packet Page 54 of 1 86 Ord 4, 2017 - Exhbit'A' PUD Guidelines Sonnenblick Condominium Association To preserve the intent of the Sonnenblick Condominium Association (the "Association"), prevent any future impairment of the common interest community, and prohibit the construction of improvements inconsistent therewith, the following PUD Guidelines shall govern all units in the Sonnenblick Condominium Association (hereinafter the "pUD"). These provisions shall run with the land and be binding upon all persons having or acquiring any right, title or interest in any unit, appurtentant open space or common element described in the Sonnenblick Association Declarations (hereinafter, the "Declaration"). These guidelines shall be attached to and made a part of the Declaration and shall be subJect to the terms and conditions thereto. GUIDELIN ES FOR sON N ENBLICK ASSOCIATIOru Uru iTS: , The following guidelines shall apply to all units located at 50 Fall Lane, Snowmass Village, CO 81615. t. Architecturat tntent: All units shall comply with the current design of the building and the general design criteria in the Declaration to instife architectural harmony. 2. Garages: design d, with the building d GENERALLY or otherwise, shall be permitted subject to of members of the Association (in accordance design deemed consistent with the existing G UIDELUIIES The following apply to all units and common elements: 1.pdd substantially in accordance with the wishes of a rs Association, provided that the location of trees and other legally binding restrictions imposed by public utility companies by or otherwise. 2. Common open space as designated by the Declaration shall remain accessible to all members of the Association and the families, tenants, guests and invitees thereof. 3. Fencing: fencing shall be allowable subject to a vote of a majority of members in accordance with the Declarations and By-Laws. 4. Signage shall be allowable subject to a vote of a majority of members in accordance with the Declarations and By-Laws. 02-21-17 TC Packet Page 55 of 1 86 Garages bya shall elements 5. Zoning: The zoning of the Association shall contain the same requirements and limitations as set forth in the Town of Snowmass Village zoning for multi-family housing. 02-21-17 TC Packet Page 56 of 1 86 EXHIBIT A Sonnenblick Condominiums Planned Unit Development Dimensional Limitations Existing Floor Area:13,800 SF Bedrooms: Maximum Building Height: Maximum Accessory Building Height:feet Parking: Setbacks: 22 fireplaces)for multi- Garage -6 0 feet (for 0 feet (for garage) 0 feet (for garage) sewer easement (for 02-21-17 TC Packet Page 57 of 1 86 I I ! I lrII iri l* !t, a o ei r-ft I8 !iI ,i I i! )- iti ili : t irir ififiiflnmfii E, ;t! liilrifi g li ,t ll Hflmiil Iiiffii I t, ';-'' ,\ I x tl iI :l i, !/ iii !l iI o it.J I EI E E- E €$€5cv!ei =.nE3?E;Eorii !.ibA- I zs,,j,e E,iti !d IaP F .,(q hoooti .q ' a d a o ltl I +illt I I+ ilt illllllIilt lfl il! r!! ill ltl t! il t! tl II t!l iltiltilt !t! til lfi fil !t !t! !!! !t! !!! !!! Ill rl !! !E !! IE fi !t E a EBEfl EEEE t!ffi EEEE !E!E !!!! BEIE EEEE Etl! E[Bg E!E! B!EI EEEE BB Page 58 of 18602-21-17 TC Packet ,l ii 3 di! ti ii li, iir lli ? ltI ffi ffi oovlto-]oc 3g\fl_rln ssvl^MoNs ovolj -l-lvl sf 9valv9 00Noc yf,l-laNf NNOS J Eo EI q1 N Onq/ |t!! [i! ,re ffiItI 02-21-17 TC Packet Page 59 of 186 ffi I I I ? , La, 1, asdo H 5. ('d(.r,.) b^</0) sloquB JJ >,hN,t!i" l' .3: li SONNENBLICK CONDO GARAGES FALL flOAD SNOWMASS VILLSGE. COLORAOO HANC.Q&.. 02-21-17 TC Packet Page 60 of 186 io H l lir llllllllr t, Iood %@ *tr:Tr,,l I I oHi; ri SONNENBLICK CONDO GARAGES FAI*L ROAD SNOWMASS Vlt.t-AGE. COt_ORAOO 02-21-17 TC Packet Page 61 of 186 I I II I I I tI ffi @& Ir Snowmass Condominium Association - PUD Guide 02-21-17 TC Packet Page 62 of 1 86 8? EAST ELEVATION Snowmass Condominium Association - PUD Guide i I nm 02-21-17 TC Packet oaa% Page 63 of 186 @&48r WEST ELEVATION FASCIA IJHE FOB PHASE I Snowmass Condominium Association - PUD Guide lilil ll I lllliilillil[lI1il ffiniilEtn 02-21-17 TC Packet Page 64 of 1 86 ) NORTH ELEVATION Snowmass Condominium Association - pUD Guide I , 02-21-17 TC Packet Page 65 of 1 86 oaqer a I t- .!P ii b '9 i s \ \ 442r.f2 tNTERIOR 462F'TzINTERIOR )xl N W W tNl )Nllt%Nt% hl. XI: C; Olr 4l:I: a' U! ea p(o1 rI iE 6H Y6 Ei E& (,) UJ 0 v. u oo Z 0 U U: mzIIzz 0 U] oo tr oJ o9x; ut Ji 3;ro i 0zo g g!g!9- A3.1 02-21-17 TC Packet Page 66-of 186- - I \-,' I NT Jl. FO lscA J crt El r'i TIJ < 3oil qroiiii iliii li (o @r o N(o q) (r)o o_ I olzo(u o- oF f:. I N INo s39V}JV9 oCIN03 y3l-IElNSNNOS F oovuo-ro3'39\f]-ll^ ssvwMoNs clvolj'I-lvJ u tb 1 / I II Ig lalf-z NI sfo\t I I =-f:itl ,7--'>; xIE ttJF Z N E N(o\t -fer I i I! E,Itr tdF Z N E N(o{ r*'-y5ffiffipl um@DEll*(@Jplulsw tB'69 A6 t t h M Er)u'rM)Et\wrlvm-rc-&t l&@rm'rB@rrge^lsw "Trci5FWFi oovuo-103'39\fl 1tA ssvl4MoNSclvou -1-1vJ S3CVTJV9 OC NOC Yf, I-IBN3NNOS 9 ari 3: E5 t !I r I I I to E tdF Z N E N(o\t L=>_-T) 0 4y;t oI ;l'frIll< 02-21-17 TC Packet Page 68 of 1 86 ffi Agenda ltern Summary Attachment 2 From To: cc: Patrick Rawley Chase Anderson: lulie Ann Woods Barnett Davis; Hi ram Champlin : ieffrey(dhancoxoroup.com Sonnenblick Condos / Continuance Monday, February 06, 2017 3:09:59 PM Subject: Date: The client has informed me that they will accept the continuance of our public hearing to allow you to discuss matters with the Town Attorney. We request we be continued to the earliest available date with a preference for the next Town Council hearing. Please call with any questions. Patrick Potrlck S. Rowley, AICP, ASLA Senlor Assoclole STAN CLAUSON ASSOCIAIES INC londscope orchilecture . plonning . resorl design 412 N. Mill Streel Aspen. Colorodo 8l6ll t. 970 t925.2323 t. 970 1920.1 628 ootrick,0scoolonning.com www.scoplonning.com 6 Pleor. consider the environment before printing this emoil. II lf[ff"r CONFIDENTIALITY NOTICE: This e-mail may contain confidential and privileged material for the sole use of the intended recipient(s) Any review, use, drstribution, or disclosure by others is strictly prohibited. lf you have received this communication in error, please notity the sender immediately by e-mail and delete the message and any file attachments from your computer. lnformation given or attached herewith is provided for informational purposes only. Stan Clauson Associates, lnc. cannot guarantee the accuracy of this data and assumes no responsibility for any liability incurred by the recipient from lhe use of this data Any information used for engineering or surveying purposes must be verified by a licensed engineer or surveyor and can only be used if written permissron is obtained from Stan Clauson Associates. lnc. 02-21-17 TC Packet Page 69 of 1 86 From: To: Cc: Subject: Date: Bamett Davis Julie Ann Woods; Chase Anderson John Dresser Withdrawal of Application wednesday, February 15, 2017 10:10:56 AM Julie & Chase, Per our meeting yesterday, the Town would like us to withdraw our current application and begin a new application process for a minor PUD. As rve have already spent almost a year (and a great deal of time and money) on the current process and application. I will need something from the Town requesting that we withdrarv the application and begin an entirely new process and the reasons for the request as soon as possible (so I can submit it to our board and ownership and hopefully get approval to withdraw the application by tomoffow as requested). Thanks. Barnett Davis II Tel: 3l 0 721 3063 E Mail : barnettdavisi i(@gmail.com 02-21-17 TC Packet Page 70 of 186 To: Cc: From: Subjectr Date: Julie Ann Woods Bamett Davis; Chase Anderson: Patrick K€eltv {oatrick@keeltvconstruction.com] lohn Dresser RE: Withdrawal of Application Wednesday, February 15,2017 12:00:42 PM imaoe002.pngAttachments: Barnett and Patrick- In follow up to your e-mail and our meeting last evening, 'Iorvn staff did recommend that it rvould be in Sonnenblick's best interests to rvithdraw the flarved land use application as soon as possible in order to submit the appropriate application for a PUD for the property. Staff suggested submission of a withdrawal letter so that the current review process of the application for PUD amendment rvhere no PUD exists can be tenninated immediately without further expense or delay. The Staff Report to the Town Councilfor the continued review of the current application must be submitted to the Town Clerk by 5pm and if the current application is not timely withdrarvn. the only option would be to proceed with the Public Hearing on Tuesday with a Staff Report recommending denial of the application. Please let us know your intention so we can complete the draft report to council today Thanks. 7i<funOtrcutAit ?f//ef Julie Ann Woods, FAICP/MLA Community Development Director Town of Snowmass Village P.O. Box 50'10 130 Kearns Road Snowmass Village, CO 81615-5010 T: 970-923-5524 ert637 D.970-922-2235 F:970-923-1861 iwoods@tosv.com www.tosv.com The Town is updating our Comprehensive Plan! For more lnfo, go to; http ://www. olansnowmass.corn/ Planning a Visit to Snowmass? http : //www.gosnowmass.com/ 02-21-17 TC Packet Page 71 of 1 86 To: Cc: subject: Date: PitnlLsrwlsv luhe Ann Waods: Chase Anderson: John Dresser BamgLDiIiS Hirrm Chamnlin: Stan Clauson Sonnenblid( Condominiums / Response to Withdrawal of Application wednesday, Febmary 15, 2017 4:42:48 PM lulie Ann We respectfully request that the matter be continued to a date certain to allow the applicant time to perfect any deficiencies with the current land use application that may be required. Such deficiencies may include a request to waive certain standard studies which are required in connectlon with a minor PUD but that do not apply to the Sonnenblick Condominiums. lf staff chooses to recommend denial at the upcoming public hearing, we will be present at the hearing to maintain our position that the current land use application is substantially appropriate and request, in person, additional time be given to allow for supplemental materials to be submitted. We will present a full account of events that have led to this point. Concerning your assertion that the land use application is flawed, we strongly disagree. Ourlanduse application was prepared entirely according to the pre-application conference summary dated 6 June 2016. The land use application was reviewed by staff for completeness and deemed complete by email dated ll October 2016 by Chase Anderson, Planner, Community Development. We worked diligently with any referral agencies that provaded any feedback on the proposed development concerning the proposed construction of the garages. Staff prepared a staff memorandum, dated 21 December 2016, where staff recommended approval to the Planning Commission, and the Planning Commission reviewed and recommended approval to the Town Council by Resolution No.9, Series of2016. This seriesofevents does not indicatea flawed land use application. lfanyerrorswere made, it was by the planning staff in identifying the appropriate review process. lf adifferent process is be required, we would hope that maintaining the current application will allow for an expedited review based on the above. Please do not hesitate to contact us with any questions. We look forward to working with you and staff in providing any additional materials that may be required to allow the application to proceed as soon as possible. Please note, your email todaywas sentto Patrickat Keelty Construction which resulted in my receiving the email late this afternoon. Patrick Poldck S. Rowl"y, AICP, ASLA Senlor A!3oclolc STAN CLAUSON ASSOCIATES INC londscope orchileclure . plonning . resorl design 412 N. MillSkeet Aspen. Colorodo 8l6l I t. 9 7 A |925.2323 t. 9 7 0 1920.1 628 oolricl :a !col]lonning.com www.sconlonnino.com e Pleose consider the environmenl before printing this emoil l0 Effi"r coNFIoENTIALITY NoTlcE: This e-mailmay conlain conlidenraland privileged materialtor the sole use otthe intended recjpient(s) Any review, use drstnbut.on. ordisclosure by others is stnctly prohibrted lfyou havs recerved thls communi@tion in eror. please notr, 02-21-17 TC Packet Page 72 of 186 TO: FROM: REPRESENTATIVES: SUBJECT: DATE: Agenda ltem Surnnrary Attachrnent 3 MEMORANDUM Snowmass Village Town Council Sonnenblick Condominium Association Planner: Patrick Rawley Condominium Association Co-President: Barnett Davis Sonneblick Condominiums: AN ORDINANCE APPROVING A REZONING FROM SPECIALLY PLANNED AREA (SPA.1) TO MULTI-FAMILY (MF) AND APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR THE ADDITION OF GARAGES TO THE SONNENBLICK CONDOMINIUM PROPERTY. February 6,2017 Meeting I. PURPOSE: The purpose of lhe meeting is to consider the Applicant's proposal for the addition of six (6) two car garages for Sonnenblick Condominiums. The Property is currently designated Specially Planned Ares (SPA-1). As a condition of the Sonnenblick Condominiums November 8, 2012 Administrative Modification record of decision and lhe land use code requirements for developmenl on land zoned SPA, the proposed garage improvements are being processed pursuant lo lhe procedures and standards of Article V, Division 3, Planned Unit Development (PUD). As part of the PUD process, the Applicant was required to submit an application for an Amendment to the Official Zone District Map to designale the underlying zoning of the Property as Multi-family (MF). Staff finds that the following core issues should be considered during the review and discussion: - Snowmass Water and Sanitation District Sanitary Sewer Easementli Waiver of 25' required setback for West Fork of Brush Creek;> Fall Lane lire and emergency access;> PUD guide development parameters, including setbacks; - Adequate consideration of recommendations by Planning Commission; and, Public Comment (attachment 6) II. SUMMARY DESCRIPTION OF PROJECT: The subject site is located at 60 Fall Lane, in the Town of Snowmass Village between the Aspenwood and the Westin. The Property is currently zoned SPA-I. As part of this application, the zoning will be reclassified to Multi-family with additional development parameters outlined in a PUD guide. A draft PUD Guide has been submitted with this application which oullines the dimensional limitatlons of the Property in addition to those limitations of the Multi-family (MF) zone district. The PUD Guide asks for no variations 02-21-17 TC Packet Community Development Department Chase Anderson, Planner Page 73 of 186 Sonnenblick Condominium TC Memorandum Page 2 ol 21 from the Multi-family (MF) zone district dimensional limitations orthe Comprehensive Plan build out chart of 7 total units. There are currently a total six (6) units in the Sonnenblick Condominiums housing a total of twenty-two (22) bedrooms. This proposal will enhance the existing condominiums by provrding six (6) t\ ro-car garages to the existing property. This proposed development will increase the number of on-site parking spaces from seven (7) to twelve (12). Five ofthe garages will be located on the northern portion of the site off of Fall Lane while one garage will be located on the southern porlion of the site off of Gallun Lane. Cunently, the condominium residents purchase parking passes to park in the Town-owned numbered parking lots. Site grading and retainage will be done in a manner that will not adversely affect the adioining properties or service roads. Careful precautions will be made to address the change and increase in runoff. Conversations have been pursued with the Snowmass Water and Sanitation District, the Snowmass-Wildcat Fire Protection District, and other applicable service and utility providers to ensure the proposed garages will not have a negative impact on any existing or proposed services provided by these entities. January28, 1969 - Pitkin County accepted the Plat of West Village Unit Fwith plat note statlng each road platted is an easement reserved to Snowmass. October '14, 1983 - The plat of Conference Center Subdivision, Lot 1, Filing l, referenced in Book 15, Page 45 was recorded with notes dedicating real property subject to easements and encumbrances and lhe streets shown as Elbert Lane and Fall Lane to the use of the public forever. April 17, 1989 - Town Council Resolution No. 22, Series of 1989, was approved for a subdivision exemption for the purpose of allowing the condominiumization of the Sonnenblick Building (West Village Unit F). August 5, 1991 - Ordinance No. 15, Series of 1991, was approved for the addition of deck space and healed space. Heated space was added to the norlh and south end of the building. Decks were added tothe east of the building, which are located within 25' of the existing stream location al that time. September 3, 1991 - Town Council Resolution No. 39, Series of 1991, was approved for permifting an amendment to the Sonnenblick Condominium Plat in association with the addition of deck and heated space. November 8, 2012 - An Administrative Modification was approved for interior floor area changes consisting of loft space with the condition that further development improvemenls shall be reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Developmenl. The final plan developed during the November 8, 2012 administrative modification process will be amended according lo Seclion 16A-5-390 Amendment of final PUD as a minor amendment. September 12, 2014 - A Subdivision Exemption Plal for Sonnenblick Condominiums in Book 108, Page 8 was recorded noting Quit Claim Deeds from Silvertree Propco, LLC to Sonnenblick Condominiums, lnc. Reception No. 589481 to accommodate lot line adjustments. lV. SUMMARY ITEMS: CORE ISSUES Snowmass Water and Sanitation conditional letter of approval (attachment 1) 02-21-17 TC Packet Page 74 of 186 III. BACKGROUND Sonnenblick Condominium TC Memorandum Page 3 of 21 A letter of approval with conditions daled November '15, 2016 states that the Snowmass Water and Sanitation District has no objections to the proposed plans under the following conditions: a) Structural drawings must be approved by SWSD prior to issuance of building permit; and b) A use and liabilily agreement must be signed by Sonnenblick representatives prior to issuance of building permit. Staff Donse: Staff has included these condilions in the draft ordinance Waiver of 25' setback from West Fork of Brush Creek (Section 16A.{-30 Brush Creek lmpact Area.) The Sonnenblick property is located within an Extremely Unstable zone (brown circle) as shown on the Brush Creek lmpacl Zones Map (Map 6.6 in the Comprehensive Plan-see Attachment 3), but not located within the narrower parameters of the Brush Creek lmpact Zone (striped area on the same map) or in the Environmentally Sensitive Areas as shown on the Environmental Sensitivity Map (Map 6.12 in the Comprehensive Plan-see Attachment 4). The West Fork of Brush Creek stretches from the lnterlude to the Tamarack and has been manipulated and culverted throughout various phases of development of Wesl Village over time. Throughout the West Village, the West Fork of Brush Creek can be found within 25' of development. The portion of stream thal runs through the Sonnenblick parcel is not associated with any riparian habitat or wetlands as evidenced by photos (see Attachment 5). At the closest point to the proposed garages, the stream is culverted lo go under Fall Lane. Best Management Practices are to be employed to prevent erosion runoff from enlering the water course during construction. Additional plant material is planned to be planted along the stream atter completion of the proposed development. Ordinance of note, No. 15, Series of 1991 , was approved for lhe addition of deck space and heated space to the Sonnenblick. Decks were added to the east of the building, which are located within 25' of the existing slream, but were installed prior to adopted current standards in 1998 and 2000. Staff Resoonse: Applicable policies regarding resource protection are oullined in Chapter 6 Environmental Resources of the Comprehensive Plan: Ensure that the development review process includes consideration of the community's environmental values and an underslanding of potential impacts to environmental resources. ldentify and protect significant public vlews and view corridors and enhance the visual quality of open space, national forest, wilderness, and agricultural lands of the Town, Brush Creek, Snowmass Creek, and Owl Creek Valleys. Protec{ riparian habitat and ensure thal riparian vegetation and streambeds are mainlained in a naturally functioning slate. Encourage new developmenl to restore degraded reaches of the Brush Creek Watershed localed within Town and adjacent to and/or within their projecls. 02-21-17 TC Packet Page 75 of 186 A super majority vote of Town Council is required to allow the proposed development within the 25' development setback of the West Fork of Brush Creek on the Sonnenblick property. Staff supporls the development waiver for the proposed garages for the following reasons: 1) the lack of riparian or wetland habitat in the area; 2) existing development within the 25' setback on the property; 3) the proposed placemenl of the garages outside of the existing 10' drainage easement along the West Fork of Brush Creek; 4) the creek is currently culverted at the beginning point ofthe proposed development; and 5) the development waiver is not inconsistenl with Comprehensive Plan Environmental Resource policies. Staff has incorporated into the ordinance that the applicant must practice best management practices for containing soil erosion on site during construction and that a grading and drainage plan completed by a licensed civil engineer be submitted for review by planning staff prior to issuance ot building permit. Staff recommends maintaining an east side.yard setback in alignment with the established 10' Drainage Easement and along lhe eastern edge of the existing condominium improvements. The attached ordinance is drafted with the Town Council approving a waiver for a portion ofthe srte associated with the proposed development. i Fall Lane Fire and Emergency Access conditional letter of approval (attachment 2) A letter of approval wilh conditions and photos dated November 3, 2016 states that the Snowmass Wildcat Fire District has no objeclion to the proposed plans with the following conditions: a) No storage of vehicles, additional parking, planting structures, or the like, are permitted to be located or stored, even temporarily, along the exterior of the proposed garages. b) The 24' wide access along Fall Lane remains clear and open at all times for fire and emergency vehicles. c) No additional struclures, permanent or temporary, shall be permitted by the Town to be located between the proposed garages and the northerly property line of the parcel. Staff Response: Staff has incorporated the conditions above (a-c), into the draft ordinance. PUD Guide A PUD guide has been submitted with the application to identify the setbacks and other development parameters in addition to the underlying zoning of Multi-family. Staff has included the PUD guide as an exhibit to the draft ordinance. Staff Resoonse: Slaff recommends that the PUD guide be modified to include the recommendalions of Planning Commission as explained further, below and recommendalions of Town Council as discussed in public hearing. 02-21-17 TC Packet Page 76 of 186 Sonnenblick Condominium TC Memorandum Page 4 ol 21 Sonnenblick Condominium TC Memorandum Page 5 of 2l > Adequate consideration of recommendations by Planning Commission. 1) That the 10' drainage easement along the West Fork of Brush Creek be considered the eastem setback and that the existing condominium improvemenls along the eastern side of the property be considered the setback limit where encroaching within the 10' drainage easement. 2) That the proposed height of the garage facades along Fall Lane be lowered or set back. Staff Response: The applicant lowered the overall height of the garages from proposed 18' to 16' and proposed flat roofs on 3 of the 12 garage spaces. 3) That the proposed footprint of the eastern most garage on Fall Lane be set back a greater distance from the West Fork of Brush Creek waterway. Staff Response: The a pplicant noted that the site is constrained by a gas line easement prohibiting the setback of the garages a greater distance from lhe West Fork of Brush Creek waterway. 4) That the proposed roof of the westem most garage on Fall Lane be adjusted as to not shed water or snow onto lhe neighboring property. Staff Response: The a pplicant noted that a parapet wall would be added to the roof in order to help drain away from the neighboring property. The applicants needs to update drawings to show compliance. 5) That a snow removal plan for the garages and the property area along the emergency access on Fall Lane be included in the PUD guide. Staff Response: Staff recommends the PUD Guide be updated recommendations of the Planning Commission and recommendations Council. A condition to this effect has been incorporated into the draft ordin lo reflect the by the Town an@. 6) That a view study be conducted from the Aspenwood perspective in order to assess the view impacl of the garages. Staff Resoonse: The applicant noted that a view study would be conducted, but could not be completed by the time of this writing. The applicant intends to present this at the Town council meeting. V. APPLICABLE REGULATIONS Page 77 of 186 Staff Response: The applicant has agreed that the 10' drainage easement along the West Fork of Brush Creek be considered the eastern setback and that the existing condominium improvements that encroach into the l0' drainage easemenl shall be considered the setback limit in those areas only. This language will be incorporated into the PUD Guide. Municipal code review criteria that regulates Minor pUD Amendments include section 164-5-390, Amendment offinal PUD. These standards make reference lo section 16A-s 02-21-17 TC Packet 300(c), General Restrictions, and Section 16A-5-310, Review Standards, which also make reference to Article lV, Development Evaluation Standards. For an amendment to the Official Zoning District Map, lhe review crileria includes Section 164-5-220 Amendment to Official Zone District Map and Section 164-5-220 (f) Review Standards for Rezonino of Lands Zon ed Ooen SDace or servation whenever applicable The burden of proof is upon the applicant to demonstrate lo the decision makers that lhe review standards outlined below have been met. Article V, Division 3, Planned Unit Development Section 16A-5-390. Amendment of final PUD. Section 16A-5-390(3)Review Standards. An aoolication for a minor amendment to a final PUD sh amolv with the followi o standards a. Consistent with oioinal PUD. The proposed amendment sha// be consislenl with, or an enhancement of, the oiginal PUD approval. Staff ResDonse: The Sonnenblick condominiums were buill prior to Town incorporation and thus were given the general zoning designation of SPA-1at the time of incorporation. Per Land Use Code Section 16A-$40 Statements of zone District lntent, SPA plans shall be reviewed pursuant to procedures and standards of Article V, Division 3, Planned Unit Development. The proposed amendment lo the original development ot lhe Sonnenblick condominiums enhances the original plan by providing two car garages for each of the six (6) units on the property. There are currently seven (7) surface parking spaces that underseNe the owners. Per code, Multi-family zone districts are required to provide one space per bedroom. The Sonnenblick has 22 bedrooms. The applicant wishes to establish 12 on-site parking spaces under their PUD guide. b. No substantiallv adverse impact. The proposed amendment shall not have a substantially adverse effect on the neighborhad sunounding the land where the amendment is prorysed, or have a substantially adverse impact on the enjoyment of land abutting upon or across lhe street from the subject propeny. Staff Response: The proposed developmenl would place architecturally-appropriate enclosed garages on the existing surface parking and would not have a substantially adverse impact on the neighborhood or the enjoyment of the land. However, it should be noted that neighbors in the adjacent Aspenwood Condominiums have some concerns and/or objections with the proposal and have provided comments for Town Council's consideration(attachment 6). c. Not chanae character. The proposed amendment shall not change the basic character of the PUD or surrounding areas. Staff Response: The proposed developmenl would place one-story, architecturally appropriale garages on the property sunounded by adjacent multi-family use areas. Although square footage would increase by 2,600 square feet (as accessory buildings to the residential condominiums), the basic character of the PUD and surrounding areas would not be changed. 02-21-17 f C Packet Sonnenblick Condominium TC Memorandum Page 6 ot 21 Page 78 of 186 Sonnenblick Condominium TC Memorandum Page 7 ot 21 d. Complv with other able standards. The proposed amendment shall comply with the other applicable standards of this Division 3, Planned Unit Development, including but nol limited to: Section 1 6A-*300(c) General Restrictions, and Secti on 1 6A- *3 I O, Review Stand ards. 3. Uses. The land uses permitted in a PUD shall be limited to those uses lhal are allowed, or are allowed by special review, in the underlying zone distict. Staff Respan€e: The Pro perty is currently zoned SPA-1, a general zoning classification that was assigned to various properties following incorporation of the Town of Snowmass Village. As part of this application, the Applicant is proposing the rezoning of the Property to Multi-family as the underlying zoning, a zoning classification that is consistent with the long-slanding existing use of the Property. The PUD would overlay the new underlying zoning. 4. Maximum buildout. The Comprehensive Plan contains an analysis of future buildout of single-family subdiv,srbns and other developments within the Town limits. lt identifies the maximum number of future lots/units and commercial/other space that may be developed within each subdivision, parcel or other development. The Unit Equivalency Chan, found in Table 5.4, defines what consl,lules a unit by distinguishing between the various dwe ing types and sizes and specitying an equivalency factor to be utilized to establish the number of existing units within a currently developed parcel and/or the future buildout units that will be generated by the proposed new development. me buildout analysis, tor the purpose of determining maximum buildout, shall be conducted as follows: (a)Undeveloped parcels. For undeveloped parcels containing no dwelling units, the Comprehensive Plan future buildout chad shall be used to estab/ish the maximum number of fdure lots/units and commercial/other space that may be developed within the parcel, and the Unit Equivatency Chan shall be used to detemine the number of tuture buildout units that are being prcposed by the new development. 02-21-17 TC Packet Page 79 of 186 Section 16A- 3(nrc). General Restrictions. Although one (1) of the purposes of these PUD regulations is to provide flexibility in the land development procesg lhls Secllon is intended to deline the limits of that flexibility. The following restrictions shall apply to all PUDs: 1. Minimum land area. There shall be no minimum land area qualification in order to be eligible to apply for a PUD, provided that PUD approval shall not be granted solely to pemit variations to develop a single lot, building or use. Staff Response: The Properly contains 20,103 SF (.462 ac) of land area. The PUD approval is not requested to permit variations to develop a single lot, building or use and is rather to clarify and characterize development which has existed on the Property for many years, as well as the proposed garage improvements. 2. Location. A PUD may be developed on any land located within the Town. Staff Resoonse: The Property is located at 60 Fall Lane, Town of Snowmass Village, Colorado. A survey, based on the Subdivision Exemption Plat for Sonnenblick Condominiums re-plat of West Village Unit F. has been made a part of this applicalion. Staff Resoonse: The Property currently is developed with six (6) dwelling units. This standard does not apply. (b)Paftia v developed parcels. For padially developed parcels, each existing dwelling unit or residential lot sha first be counted as one (1) unit. The total number shall then be subtracted from the future buildout number specified within the Comprehensive Plan buildout chart to establish the available buildout unit amount. The Unit Equivalency Chart shall then be used to evaluate the existing development and to establish the existing buildout unit amount. The total of the available and existing unit/lot amounls shall then be considered as the future buildout unit amount used for determining maximum buildout, and the Unit Equivalency Chaft shall be used to detemine the number of future buildout units that are being prcposed by the new development. Staff Resoonse: No new dwelling units are proposed with this application. This standard does not apply. @)Elu__dewlwd_percell. For parcels where the total number of the existing dwelling units, where each dwelling unit or residential lot is counted as one (1) unit, equals the luture buildout number specified wilhin the Comprehensive Plan buildout chad, the Unit Equivalency Chatl shall be used to evaluate the exisling development and lo establish the existing buildout unit amount. The existing buildout unit amount shall then be considered as the future buildout unit amount lor determining maximum buildout, and the Unit Equivalency Chaft shall be used to determine the number of future buildout units that are being proposed by lhe new development. Staff Response: The Property currently contains six (6) dwelling units. One additional unit could be added to the site in the future per the current Comprehensive Plan Build Out Chart, but would require meeling the Maximum Floor Area calculation. An amendment to the PUD site plan would be necessary in the future, should the condominium owners decided lhey wish to add another unit. 5. Dimensional limitalions. Cedain dimensional limitations applicable to the property may be vaied within a PUD. The limitations that may be vaied are those of lhe underlying zone district; or, for propefties for which a PUD or other development plan has previously been approved, the limitations set by that approval. For any property designated PUD or SPA without an undedying zone dislrict, the applicanl shall submit an application for an amendment to the Official Zone Distict Map to desonale the unde ying zone distict for the propefty. This application shall be submitted in conjunction with the preliminary PUD application and shall be used to rezone the propefty at the time of final PUD approval to a zone district containing dimensional limitations in order to eslabrlsh the applicable dimensional limitations tor the property. Only the following dimensional limitations may be varied. Staff Resoonse: Maximum height of the PUD is requested to be established pursuant lo the MF zone district maximum height of 38 feet for primary struclures and 18 feet for accessory structures. Existing height oflhe primary structures is 29 feet from linished 02-21-17 TC Packet Page 80 of 186 Sonnenblick Condominium TC Memorandum Page 8 of 21 (a)Maximum allowable height of any structure within the PUD; Sonnenblick Condominium TC Memorandum Page 9 ol 21 grade for Units 2-6 and 31 feet for Unit 1 . The proposed garages, as accessory structures, will not exceed 18 feet. No height variation is being requested from underlying zoning, though the Planning Commission recommended that the garage heights be less than 18'. lf Town Council agrees with their recommendation, then the PUD Guide will need to reflect this height limitation. Existing heights of dwelling units and proposed heights of garages under 18' from finished grade are attached. (b)Minimum open space rcquirement for the PUD; Staff Resoonse: Minimum open space requirements of the PUD will follow the proposed underlying MF zoning which requires 25% of the site to be open space. The Lot area is 20,103 SF (.462 ac). Following conslruction of the garages, the lot open space will be 58%. No variation is being requested from underlying zoning. Staff ResDonse: Maximum allowable floor area of the PUD will com ply with maximum floor area as provided in the land use code tor the MF zone district or 0.75:1. For the Property, which contains 20,103 SF of lot area, the maximum floor area is 15,077 SF. Currently, there exists 10,800 SF of floor area. The proposed garages are estimated lo contain 3,000 SF. Total floor area, following construclion ofthe proposed garages, will be 1 3,800, allowing 1,277 SF of available floor area for future expansions. No variation is being requested from underlying zoning. (d)Minimum area ol lots within the PUD; and Staff Response: The area of the lol within the proposed PUD is 20,103 SF (.462 ac). Minimum lot area for the MF zone district is 3,000 SF. No variation is being requested from underlying zoning. (e)Mininum setbacks lor buildings within the PUD Staff Response; Minimum buildi ng setbacks are set by adopled subdivision plat or PUD plan. The proposed setbacks for buildings within the PUD are proposed as follows: Front yard setback: 0' Side yard setbacks: 0' Rear yard setback: 0' A wesl sid+.yard setback of 0' is acceptable by Staff, if all proposed construction meets fire code standards. Both Staff and the Planning Commission recommend maintaining an east side.yard setback in alignmenl with the eastem edge of the eisting condominium improvements or the l0' drainage easement, where applicable. This will need to be reflected in the PUD Gukle. A dimensional limitation may be vaied when the Town Council finds that the PUD achieves one (1) or more of the applicable purposes listed in Subsection (c)(6), Community Purposes for PUDs, that granting of the vaiatbn is necessary for that puryose to be achieved, and that the resulting development will be consistent with the provisions of Subsecl,bn (c)(7), Standards for Granting ol Vaiations, and Section 16A-&310.Review Standards Page 81 of 186 (c)Maximum allowable lloor area ot the PUD; 02-21-17 TC Packet Sonnenblick Condominium TC Memorandum Page l0 of 2'1 Staff Response: Not applicable 8. PaNno. The number of parking spaces in the PUD shall be that required for the undedying zone distict, unless a reduction in that requirement is granted, pursuant to_leilct tA,1-1:!l C)(c), Reduction ol Required Parking. Staff Response: The condominium existed prior to the enactment of the current development code (September 2, 1998). Therefore, the condominium is not allowed to reduce the minimum number of existing parking spaces. The proposed development does not reduce the number of parking spaces, but actually increases the number of parking spaces provided onsite by five spaces. The proposed six, two-car garages will provide 12 spaces as opposed to the seven currently provided. Residents currently utilize the public parking lots through the purchase of parking passes for the Town- owned numbered lots. This arrangement limits the amount of parking that is available for visitors and other residents of the town. The Multi-family zone distract requires 1 parking space per bedroom. Although the Sonnenblick would be required to provide 22 spaces if it were new construction, the addilion of five new spaces is a subslantial improvement over exasting conditions and is supported by Staff. 9. Road standards. A PUD may be permitted to deviate from the Town's road standards, to enable the development to achieve greater efficiency of infrastructure design and insta ation through clustered or compact forms of development or to achieve greater sensitivity to environmental features. Page 82 of 186 Staff Response: Because no more dwelling units are proposed at this time. Staff finds code Subseclion (cXO) Community Purposes for PUDs or Subsection (c)(7) Standards for granting variations to not be applicable in this case. Should the applicant pursue further developmenl at a later date resulting in the request for variation of dimensional limitation or the addition of dwelling units, the proposed development shall be reviewed pursuant to code Subsection (c)(6) Communrty Putposes for PUDS o( Subsection lc)(7) Standards for granting vaiations. This application makes no request to vary from dimensional limitations set forth by the Multi-family zone district. Furthermore, the applicant is improvang the parking situation on the site. 6. Communitv Purposes for PUDs. 7 . Standards for orantina variations. Staff Response: Not applicable. Staff Resoonse: The proposed development does nol contemplate any moditication to or deviation from the Town's road standards. A 24' clear zone will be maintained between the proposed garages and the existing buildings on the north side of Fall Lane. The Snowmass Wildcat Fire District has signed off on the proposed design conditional that 24' remains clear at all times. The Sonnenblick owners must agree to maintain the clear zone free from temporarily parked cars and/or other material. Signage indicating that no parking is allowed in this area will be required, and has been included as a condition in the draft ordinance. 02-21-17 f C Packet Sonnenblick Condominium TC Memorandum Page 11 ol 21 10. Adeouate public facilities. A final plan shall not be approved unless lhe Town Council determines that public facilities wi be adequate to suppod and seNice lhe area of the proposed development or lhat needed public facililies and seryices will be made available concuffently to offset the potential impacts of such development. Public facilities and serv,bes to be examined will include, but nol be limited to: stom drainage, roads and their maintenance, public transpoiation service and facilities, pedestian circulation, sewerage and sanitary facilities, waler availability and seNiceability, solid waste disposal. fire and emergency medical seNices and electical sevice. Section 16A-*3 10. Review Standards. ln addition to demonstrating compliance with the ptovisions ol Section 16A-*300(c), General Restictions, and with all other applicable provisrbns of the Code, a proposed PUD sha also comply with the fo owing review standards: l.Consistencv with Comprehensive Plan. The PUD sha/, be consisle nt with the intent of the Town's Comprehensive Plan. Staff Response: The proposed garages are specifically consistent with the key objectives in the Comprehensive Plan Chapter Seven, Built Environmenl under Comprehensivety Planned Areas. The Multifamily-Residential CPA key objectives include encouraging revitalization and reinvestment in properties including general upkeep and maintenance, remodels, and minor redevelopment-oriented commercial uses and facilitating the improvement and/or addition of amenities including meeting spaces, fitness and/or spa facilities, lobbies, outdoor gathering spaces, pools and/or hot tubs, landscaped areas, and fire pit and/or barbeques. The proposed garages will enhance existing development, ensuring the long{erm viability of the condominium which in turn will help preserve the open, natural, and rural character of the Brush Creek and Owl Creek Valleys by keeping new development from encroaching on green field properties. The continued viability of the condominium will also ensure a vital, distinctive Town Core. By providing additional onsite parking for the residents of the condominium, the existing Town-owned surface parking will be available for visitors and residents of the town rather than being occupied by the residents of the condominium. 2. PreseNation of communitv character. The development proposed for the PUD shall be consistent with the standards of sei\oll !.!5/)_:!:3:!g Building Design Guidelines to Preserve Community Chancter, shall be compatible with, or an enhancement of, the character of existing land uses in the area and shatt not adversely affect the future development of the sunounding area. 02-21-17 fC Packet Page 83 of 186 Staff Response: Public facilities, including but not limited to storm drainage, roads, public transportation services and facilities, pedestrian circulation, sewerage and sanitary facilities, water availability, solid waste disposal, fire, and emergency medical services, and electric services currently exist that adequately serve the Property. ln the event any public facility is impacted by the construction of the proposed garages, the public facility will be repairedi upgraded by the Applicant as needed. Sonnenblick Condominium TC Memorandum Page 12 ol 21 Staff Response: The proposed garages will be consistent with the standards of Section 16A-4-340, Building Design Guidelines by specifically addressing the individual building design guidelines. Sec. 16A-4-340(c) states: (1)SjEj,!egat!gl Building design shall be influenced by, and shall respond to, the natural features and mountain sefting that sunound the property. Struclures shar/ be designed so they do not ovenvhelm the sunounding mountain environment. (a)Minimizo modification. Developments should be planned to minimize the extent to wl,ich /t is necessary to modify the natural terrain and natural watercourses. Where eanhmoving technigues are necessary, man-made forms should be soft and natural in appearance. Natural water features should be preseNed and enhanced. (b)lndioenous details. lndigenous details and landscape accents, sucl, as sfreams, boulders, trees and wildllowers, should be used to connect the development to natural conditions. (c)Complement natural landfoms. New buildings should be designed to complement natural landforms, by setting them into the slope, or by reflecting the angles and shapes found in lhe natural landscape. Building massing should be broken up or stepped along a slope, to conform to the shape, aspect and scale of the natural tenain. (d)Sians. lnterpretive information and signs should be used lo draw attention to nature and mountain ecology. (e)Grade. Awkward changes of grade in public spaces should be avoided. Natural grade changes should be used to separate and deline activity areas. The needs of drsabled persons should be considered in the layout of uses and in circulation pattems, as circulation on sloping tenain can be an obstacle to the disabled. (2)S9eJ9_AL4-rcss. Buildings shall be designed to ensure that they are not perceived as being monumental in scale. (a)Relation to scale of surrc The height and mass of new buildings should be related to the prevailing *ale, fotm and propo,lion of sunounding buildings, to avoid ova\yhelming or dominating the existing character of the area. (b)Deslon aniculatio!. Gtoups of buildings should be located to avoid creating a 'wall" or "row' eftect. lndividual buildings siourd incorporale offsets or projections thal relieve the visual eflect of a single long wall, help to aiiculate individual units or groups of units and give the awearan@ the building is made up ol a collection of smaller structures. Buildings should be sited so their longest lrontages are not on their most visible sides. 02-21-17 TC Packet Page 84 of 186 Section 16A-5-340. Buildino Desiqn Guidelines to Prcserue Communitv Character. (c) Buildi nq Desia n G uideli ne s. Sonnenblick Condominium TC Memorandum Page 13 ol 21 (c)Human scale. People spaces should respect human scale. The design should include adiculated building and r@f configurations; staggered roof lines; sloping roof foms with overhangs, sefbacks of upper stoies: variations in grade level, lloor plane and wall lextures; spatial enclosure; and the use of design elements that break up the volume ol space. (d)Screen mechanical eouiDment. The roofs of structures containing nonresidential or multi-family uses should be designed to screen heating, ventilation and mechanical equipment lrom view from neighboing propedies and public rights-of-way. (3)Buildina mateials. Buildings shall be designed with natural materials and details that are indigenous to Colorado and that are nonreflective. (a)A!!be!!j9!!y, Mateials should be predominantly authenlic in their appearance, with natural textures and weatheing. (b)Matenab. The indigenous materials of the surrounding mountains should be conveyed by integrating heavy timbers, natural siding materials and rock into the building design. (4)Climate/solar orientation. Buildings should be located to maximize thei exposure to winter sun and natural light, and for protection from wind and temperature exlremes. The sizing, height and placement ol windows should take advantage of the sur's seasonal track and the intensity ol solar radiation that is found in the area. (s)yjils. Buildings should be oriented to take advanlage of views and preserve impodant sight lines. overl@ks and landmarks as viewed from public roadways and other public spaces, and as viewed from neighboing developments. Buildings sha be located to comply with Staff Response: The garages will be successfully integrated to lhe site by ulilizing areas ofthe sile that are readily accessible and easily used for parking. The garages have been designed to minimize, to the greatest extent possible, modifications to the natural tenain, and will be limited to a height less than l8'. No natural watercourses will be impacted. To the e)dent that earlhmoving techniques are necessary, the man-made forms will be soft and natural. Any disturbed areas will be revegetated with appropriate plant malerial to limit site erosion. The applicant will work to ensure no views are negatively impacted at that the articulation of the design will help maintain view sheds. The design ot the garages utilizes character elements found in the existing building. After addressing the Planning Commission comments, the scale of the garages should not overwhelm or dominate the character of lhe surounding area. Building materials utilized in the proposed garages will be similar to the building materials used in the existing building. 3 9@!!y93p@.. The development proposed tor the PUD represents a creative approach to the development and use of land and related physical 02-21-17 TC Packet Page 85 of 186 facilities to produce better developments and to provide amenities for residents of the PUD and the public in general. Staff Response: The location and creative la yout of the garages allows for the most efficient use of the limited space available. The enclosed parking will be very welcomed by the residents ofthe condominium and lhe Town-owned parking spaces which are currently used by the residents of the condominium will be made available to visitors and other residents of the town. Staff Resoonse: Due to site constraints, additional landscaping will be minimal. Additional trees are proposed between the Property and the lodge use to the East. A landscape, grading and drainage plan will be submitted and approved by planning staff prior to issuance of building permit. The enclosure of the garages will ensure lhat noise, headlight glare, and other adverse impacts of parking cars in such close proximity to other residential uses will enhance the character of the surrounding area. S.Comolv with development evaluation standards. The PUD shall comply with all applicable provisions of Atlicle lV ol this Development Code, Development Evaluation Standards. Article lV, Development Evaluation Standads. Section 16A-+30. - Brush Crcek lmpact Area. (e)Standards. Development subject to the provisions of this Seclion sh all comply with the following standards: (1)Setback. Development shall not take place within the stream channel and shall not alter the channel of Brush Creek or its capacity, except as expressly permitted herein. Development shall be set back a minimum of twenty-five (25) feet, measured hoizontally from the outet edge of any riparian or wetland areas that are subject to the provisions of lhis Seclroit 16A-4^3C,Brush Creek lmpact Area. Development shall also comply with the provisions of Se!!J{)t)_J14)!A10, Floodplain and Wetland Areas, with regard to the location of development in relation to one-hundred-year floodplain s and jurisdictional wetlands, including establishment of a larger setback, if necessary, to ensure compliance with federal and local regulalions. Staff Response: The existing condominium building has been located next to the subject waterway for many years. The applicant is requesting an exception for the garage Page 86 of 186 Sonnenblick Condominium TC Memorandum Page 14 ol 21 4. Landscapino. Proposed landscaping for the PUD shall provide sufficient buflering of uses from one another (both within the PUD and between the PUD and sunounding lands) to minimize noise, glare and other adverse impacts, shall creale attractive streetscapes and parking areas and shall be consistent with the character of the Town. Staff Resoonse: The proposed garages will comply with all applicable provisions of Article lV of the Developmenl Code. 02-21-17 f C Packet Sonnenblick Condominium Tc Memorandum Page 15 of 2'l development within 25' of the outer edge of the riparian area under sub-section (d.) The property is not located in a floodplain. The Brush Creek lmpact Zones Map can be referenced in attachment 3. The Environment Sensitivity Map cen be referenced in attachment 4. Photos ofthe stream from fall of2016 can be referenced in atlachment 5 a. Ex ceotion lor wat I struclures. Recreallon access sites, inigation devices, water diversion facilities, erosion control devices and similar water-dependent structures may be permitted within this setback, provided any other applicable federal, state and local Wrmits have been obtained, and the insta ation will comply with all other applicable standards of this Section. Staff Response: No water dependent struclures are proposed as a part of this application. This standard does not apply. b.Exception tor other necessav structures. Underground utilities, roads, trails, bridges and similar facilities may be pemifted within this setback when the applicant demonstrates that: (1) il is necessary and appropiate lo locate the structures outside of the setback: (2) any other applicable federal, state and local pemits have been oblained; and (3) the installation wi comply with all olher applicable standads ol lhis Section, including submissrbn of a plan for restoration of disturbed areas, pursuant lo Subsectrbn (e)(2)b, Restoration Plan. Staff Respolse: The existi ng condominium building has been located next to the sub.lecl wateMay for many years. The existing conditions do not allow for a minimum 25' setback. No addilional development is proposed with this application that will impact the wateMay nor modify this existing condilion. c.Exceotion tor stream restoration. Where the natural channel has previously been aftered, eflods may be undedaken to restore the channel to its natural state or to enhance aquatic conditions within the stream. Where such effofts are pemitted, provision shall be made for the following: Staff Response: The construction ofthe proposed garages will increase the amount of winter and summer runoff towards the subiect waterway. Statf recommends that lhe applicant engage a civil engineer to adequately measure and design an efiective runoff system to accommodate the increased capacity. A stamped civil drainage plan will be required prior to issuance of building permit and is a condition incorporated into the ordinance. d.ExceDtion for other t s of develoDment.The Town Council may authodze other types of development not listed above to occur within the setback area if at least four (4) out of five (5) of the members of the Town Council awrove an ordinance, identifying the reasons why the development is unable to avoid the setback area. 02-21-17 TC Packet Page 87 of 186 Slaff Response: The existing development is currently located within the 25'setback area. No development is proposed with this application that will be placed closer to the wateMay than lhe existing development already is. The applicant is seeking a waiver from Town Council to allow development within the 25' of the wateMay. Based on the comments provided in Core lssues section of this report, staff recommends that the Town Council waive the 25'setback, as noted in the draft ordinance. To be clear, the waiver would only apply to the one time proposed garage development on the Sonnenblick property and not the length of the West Fork of Brush Creek. (2)Veoetation removal. Development subject to the provisions of this Section shall avoid or minimize the removal or loss of vegetation characteristic of the ripaian area, paying pafticular attention to soil- binding stream bank vegetation. Vegetation removal necessary for control of noxious weeds, as defined by the Colorado Cooperative Extension Service, shall be permitted. aEro!!9!_co1lrol lf vegetation is removed, or if soil is otheryise subject to erosion, then best management practices lor the control of erosion shall be instituted duing construction to protect water quality. Engineered stream bank stabilization practices, such as exposed itrrap, shall be avoided wherever possible, and shall be limited to locations where more natural techniques cannot practically be utilized. Staff Donse: To the extent that vegetalion is to be removed adjacent to the waterway to accommodate the proposed garages, the area of disturbance will be revegetated to prevenl erosion. Best management practices will also be employed during construction to prevent soil erosion runoft impacting the waterway. b.Restoralion plan. A restoration plan shall be prepared lor the site, ensuring that vegetation which is rcmoved is replaced on-site within the nexl growing season. 1.Tvpe of veoetation. Replacement vegetation shall be limited to native species that are typically found in riparian habitat and wetlands. Replacement vegetation shall be equivalent in type, quality and funclion to that removed because of development. Staff Resoonse: No vegetation is anticipated to be removed adjacent lo the subject watenvay. The applicant, in conjunction with lhe neighboring property to the east, proposes the addition of 5 to'15 trees adjacent to the area of the waterway to provide screening between the two properties. Tree species are yet to be determined, but all selected tree species will be native, selected on the basis of their appropriateness given the growing parameters, growing characleristics, and location of installation. The submittal of a landscape plan will be a requirement for building permit, and is noted as a condition of the draft ordinance. 2. Amount of veoetation. Vegetation should be replaced at a ratio of one to one (1:1), measured in tems of toliage mass and tree caliper size, giving consideration to expected vegetation Page 88 of 186 Sonnenblick Condominium TC Memorandum Page '16 of 21 02-21-17 TC Packet Sonnenblick Condominium TC Memorandum Page 17 of 21 growlh. A lesser replacement ratio may be approved if vegetation was removed for the express purpose of pemitting greater visibility of, or greater access tq fl,e creek. 3. Guarantee. The Town may require the applicanl to guarantee peiormance ol the restoration plan by providing security of not less lhan one hundred percent (100%) of the cost ol the re pl ace m ent vegetation. Staff Resoonse: lf required by the Town, the Applicant will coordinate with staff to provide appropriate guarantees to cover the cost of replacement of vegetation. (3)Pg!U!an!L Development shall not introduce organic or inorganic pollutants inlo Brush Creek. Herbicides may be used for noxious weed control when nonchemical methods will not be practical or effective. Hazardous mateials assoc,ared with any use in lhe Brush Creek lmpact Area shall be stored and used in compliance with applicable state and federal hazardous mateials rcgulations. Measures shall be designed and implemented to conlain fuel storage areas, to prevent spilled fuels, lubicants or other hazardous mateials from entering the creek during the construction or operation of any use, and to control parking lot runofl from entering the creek. (4)Wa!gL9y9,!9. Development shall not intertere with the water cycte that suppods any ripaian habitat or wetlands on the propefty. Water shall not be divefted from the site, and no development activities shall be undeiaken that would lower the water lable, or would cause the temperature of water in the creek to increase beyond the tolerance levels of trout and other aquatic habitat. Staff Resoonse: The Applicant's proposal will not interfere, with the water cycle. No plans are contemplated that will divert water from the sile. No activities are planned lhat wou'd lower the water table nor cause the temperalure of water in lhe wateMay to increase beyond the tolerance levels of lrout and olher aquatic habitat. Section 164-4-40, Floodptain and Wetland Arees, 02-21-17 TC Packet Page 89 of 186 Staff Response: No vegetation is anticipated to be removed adjacent to the subject waterway. Vegetation will be replaced on a one to one basis, as necessary. Stafi Response: The Applicant will not, to the best of lheir ability, introduce organic or inorganic pollutants into the wateruay. Use of herbicides will be utilized judiciously and only when necessary. Hazardous materials will be stored and used in compliance with applicable regulations. To the extent they exist on the Property, fuel storage area will be designed and utilized in a manner to prevent spills, both during construction and during normal residential use. Vvith the proposed garages, parking runoff will be diverted from entering the subjecl wateMay. Staff Response: Staff finds that the proposed development does not encroach into an identified floodplain or wetland area. o.Suitabilitv for davelooment. The propedy proposed for the PUD shall be suitable for development, considering its topography, environmental features and any natural or man-made hazards that affect its development potential. Staf, Response: The location of the proposed garages is suitable for the conslruction of garages. The garages will be immediately accessed ofi of existing roads. No environmenlal fealures or natural or man-made hazards will be impacted by the proposed development. 7. Spatial oaftern shall be efficient. The PUD shall be located to avoid creating spatial pattems that cause inefficiencies in the delivery of public services, or that require duplication or premature extension of public facilities. (a)Roads. Any new road developed to seve the PUD shall be continuous and in alignment with existing platted streets to which the slreel is to be connected. l/Vhere appropriate, new streels shall be planned so that they can create an interconnected Town road network, with provision for adequate road and utiliu easernenfs. Where cul-de-sacs are used in the development, the applicant is encouraged to provide a trail or similar pedestian link betuveen them. Staff Response: New road development is nol required and the proposed garages will be easily accessed from existing roads. (b)Water and sewer lines. Any water or sewer line extension necessary lo serve lhe PUD shall be consistent with the Snowmass Water and Sanitation Distict's seNice plan and the Town's Comprehensive Plan. Staff Response: Water and sewer line e xpansion will not be required 8. Phasina. lf the PUD is to be developed in phases, then each phase shall contain the requied streefs, utilities, landscaping and other public facilities or improvements that are necessary and desirable lor residents ol the project. lf the PUD incorpuates any amenities for the benefit of the Town, such as trail connections, these shall be constructed within the first phase of the project, ot, if lhis is nolpossiDle, then as eaiy in the project as is reasonable. The pace and phasing shall be evaluated with regard to construction impacts along with possible interruplion of construction as it would aftect the community as a whole. Sta ff Resoonse: Phasi ng is not anticipated to be required for this modest level of development. 9. Construction interruDtions.The development application shall provide a reasonable resloration and/or remediation contingency plan to mitigate impacts resulting from any potential extended interruption of construction 02-21-17 TC Packet Sonnenblick Condomirium Tc Memorandum Page'18 ol 21 Page 90 of 186 Sonnenblick Condominium TC Memorandum Page 19 of 2l aflocting the community as a whole. Surety or secuity may be necessary lo ensure implementation of the plan. Staff Response: Construction interruptions are not anticipated. ln the unlikely event of interruption, the Applicant will outline reasonable restoration and/or remedlation contingency plans as part of the building permit submission or as required by the town. Article V, Division 2, Procedures for Review of Particular Applications Section 16A-5-220 Amendment to Official Zone District Map. (e)Review Standards. An application for an amendment to the Official Zone District Map shall comply with the following slandards and, whenever applicable, shall also comply with the standards of S9.Q!jgtJ-gA-5-220(0, Review Standards for Rezoning ol Lands Zoned Open Space or ConseNation. (1)Consislenl r,lith ComDrehensive Plan. The proposed amendment shall be consistent with the Town of Snowmass Village Comprehensive Plan Staff Resoonse: The proposed garages are specifically consistent with the key objectives in lhe Comprehensive Plan Chapter Seven, Built Envrronment under Comprehensively Planned Areas. The Multifamily-Residential CPA key objectives include encouraging revitalization and reinvestment in properlies including general upkeep and mainlenance, remodels, and minor redevelopmentoriented commercial uses and facilitating the improvement and/or addition of amenilies including meeting spaces, fitness and/or spa facilities, lobbies, outdoor gathering spaces, pools and/or hot tubs, landscaped areas, and fire pit and/or barbeques. The proposed garages will enhance existing development, ensuring the long-term viability of the condominium which in turn will help preserve the open, natural, and rural character of the Brush Creek and Owl Creek Valleys by keeping new development from encroaching on green field properties. The continued viability of the condominium will also ensure a vital, distinctive Town Core. By providing additional onsite parking for the residents of the condominium, the existing Town-owned surface parking will be available for visitors and residents of the town rather than being occupied by lhe residents of the condominium. (2)Consistent with purpose of zone dislrict. The proposed amendment shall be consistent with the pur@se of the zone district to which the propedy wi be designated. Staff Response: The develo pment of garage space also proposed as a part of this application is a consistent use in the MF zone districl 02-21-17 TC Packet (3)Compatibilitv with sunoundino zone disticts and uses. The development pemitted by the proposed amendment shall be compatible with surrounding zone districts, land uses and neighborhood character and shall result in a logical and ordedy development paftem within the overall community. Page 91 of 186 Sonnenblick Condominium TC Memorandum Page 20 ot 21 (4)NecessaN circumstances. The applicant shall demonstrate lhat the f oll owi ng c ircu m sfances exisl: a.Error. There has been a technical enor in lhe boundaries shown on lhe Official Zone Distict Map; or Staff ResDonse: To the best of our knowled ge, no error has been made to the boundaries shown on the zone district map b.Chanoed conditions. There have been changed conditions affecting the subject parcel and the surrounding neighborhood that justify the proposed amendment; and Staff ResDonse: The proposed amendment lo rezone the Properly to MF is in direct response to changed conditions. The existing zoning of SPA-1 was assigned lo the Property following incorporation of the town. The Applicant wishes to designate the Properly MF with PUD overlay to more accurately describe the type of residential activity that characterizes the Property. ln addition, the land use regulations require SPA-1 zoned property to be rezoned using lhe PUD process. c. Communitv need. The proposed amendment addresses and helps to resolve a communv need that is documented in or is consistent with the intent of the Comprehensive Plan. Staff Response: The rezoni ng will more accurately describe and direcl the type of residential activity that is pursued on the Property Section 16A-5-220(0, Review Standards tor Rezonina of Lands Zoned Open Space or Conseruation, (f)Review Standards for Rezonino of Lands Zoned Ooen Space or ConseNation. Ceftain lands have previously been zoned Open Space or Conservation within Snowmass Vi age by the Town, with the approval of the property owner at the time of the zoning. The preseNation of these parcels in their open and natural character has been determined to be in the best interest of the public welfare. There are, however, cenain circumstances where a change of zoning may be desirable in ordet to facilitate a development that is in the public interest. Any amendment to the Ofticial Zone Distict Map that would change the zoning of any land designated Open Space or Conservation to any other zone distict category established in Anicle lll, Zone Disticts, of this Development Code shall only be permifted when the application complies with the tollowing standards: 02-21-17 TC Packet Page 92 of 186 Staff Response: The rezoning of the Property is to clarify the existing use and to correct a general zoning classification that was assigned to the Property following incorporation of the town. The land use of neighboring properties is also multFfamily residential. The development of garage space proposed as a part of this application is a consistenl use in the MF zone districl. The garages will support the logical and orderly development patterns within the overall community. Sonnenblick Condominium TC Memorandum Page 21 ol 21 Staff Response: The Property has not been nor as it currently zoned Open Space or Conservatlon. This standard does not apply. VI. RECOMMENDATION: Slaff recommends approval of lhe rezoning from specially planned area (SPA-1) to multi- family (MF) and approving a final planned unit development (PUD) to allow for the addition of garages to the Sonnenblick Condominium property subject to conditions as set forth in draft Town Council Ordinance No. 4, Series of 2017. ATTACHMENTS 1. SWSD conditional letter of approval 2. SWFD conditional letter of approval 3. Brush Creek lmpact Zones Map 4. Environmental Sensilivity Map 5. Photos of West Fork of Brush Creek 6. Public Comments as of 2-1-17 02-21-17 TC Packet Page 93 of 186 Patrick Rawley Chris Lehrman <ChrisL@sgm-inc.com> Tuesday, 15 November, 2016 2:34 PM Patrick Rawle,l Kit Hamby Chase Anderson; Barnett Davis; jeffrey@hancoxgroup.com; Mark Hamilton RE:Sonnenblick Patrick and Barnett, SWSD staff cleaned the manhole and measured 7 feet deep from rim to invert. We should be Bood as far as the project. I don't think we will have to deepen the foundation. I will want to review the structu ra I drawings before SWSD will approve construction within their easement. There will also have to be an agreement drafted up by the District's attorney Mark Hamilton for construction within the easement. Chris Lehrman, PE Project Manager Celebrati I l8 W. 6rh Si., Suite 200 Glenwood Springs, CO 8'l601 970.384.9043 / 97O.379.9780 cell vnvw.sgm-inc.com $SGM 2ols o,bo,do c-o,nponies b wokfi \arTNNERl Etr From: Patrick Rawley lmailto:patrick@scaplanning.com] Sent: Monday, November 14, 2015 2:19 PM To: Chris Lehrman; Kit Hamby Cc: Chase Anderson; Barnett Davis; jeffrey@hancoxgroup.com subject: RE: Sonnenblick [et's set our meeting at the site for 11 am to give you time to take care of anything following your meeting and to allow you to get up to the site , Can you give me a text 20 minutes or so before the end of the meeting to allow me time to get up to Snowmass from Aspen? My cell is 970-305-5659. see you tomorrow. Patrick From: Chris Lehrman Imailto:ChrisL@sPm-inc.coml Sent: Monday, 14 November, 2016 l1:17 AM To: Patrick Rawley <p.!{g!Qggp@{4g,gg1q>; Kit Hamby <[HgI[by.le!W:!LgI8> Cc: Chase Anderson <CAnderson@tosv.com>; Barnett Davis <Ual!g!&by!ii@gtrqi.L!9l!>;ieff rey@hancoxgroup.com Subject: RE: Sonnenblick I'I'u l'.\ 02-21-17 fC Packet Page 94 of 186 Staff Memo - Attachment I From: Sent: To: Cc: SubJect: Thank you, I Staff Memo - Attachment 2 Patrick Rawley John Mele <JMele@swfpd.com> Thursday, 3 November,2016 1:38 PM Chase Anderson Patrick Rawley; Julie Ann Woods; Anne Martens; khamby@swsd.org; John Dresser RE: Sonnenblick Chase, Thank you for the information provided in this email. lt was very helpful in the determination of our approval' we believe the project can move forward with one notation. we maintain that no storaSe of vehicles, additional parking, flower planters, or the like, be permitted to be stored, even temporarily, along the exterior of these garaSes that would extend into the 24, emergency access that is shown to exist within your pictures attached to this email' signage indicating that no parking is permitted with "Fire Lane" signs may be one such inclusion' since this appears to be private property the only real meinsof enforcement may be as a condition to the permit to build and occupy' It is our understanding that all such storage will be confined to be within the newly built Sarage/storage units for Sonnenblick. lf this not the case please advise' Sincerely, lohn T, Mele From: Chase Anderson [mailto:CAnderson@tosv'com] Sent: Wednesday, November 02, 2016 4:31 PM To: John Mele <JMele@swfpd'com> Cc: Patrick Rawley <patrick@scaplanning.com>; Julie Ann Woods <JWoods@tosv'com>; Anne Martens <AMartens@tosv.com>; khamby@swsd.org; John Dresser <JDresser@tosv.com> Subject: Sonnenblick Hi John, Welcome backl I wanted to update you on the progress with the sonnenblick project. A couple of things have transpired since our last visit: 1)we were able to trace the chronological order of the Fall Lane dedication to the Town. Attached are three Plats illustrating and noting that Fall Lane is the RoW and that the northerly edge of the Sonnenbllck property is the limit of the ROW. 2)The surveyor has painted and pinned the property corners and the proposed building corners shown in the attached plans. 1 02-21-17 TC Packet Page 95 of 1 86 From; Sent: to: Cc: Subject: 3)Patrick Rawley, the planner for the applicant, and I measured the clearance between proposed building corners and existing conditions on Fall Lane and found 24' clear at the eastern and western pinch points as illustrated in the attached photos. Please take the time to visit the site before the snow. Based on these findings, we want to ensure that the proposed clearance alleviates your concerns for fire and emergenry access to properties along Fall Lane. lf more clearance is needed for turning radius of equipment, etc., please let me know. Thank you, 403 Wff&f, Chase Anderson PLA, CNU-A, APA Planner, Community DeveloPment Town of Snowmass Village P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615-5010 T: 970-923-5524 ext 633 F: 970-923-1861 canderson(Atosv.com www.tosv.com 2 02-21-17 TC Packet Page 96 of 1 86 /11 /*'< i91 =octBE6pi6 = d, Zq, o'6 ,' 6p c6 = E= A E,EtEo- : e " tEBise;Eg"e, E ; Bs#E=EEBEHgsSlFro!!!!ouoBrn d: E3 U ao co E o I o oz h(0 a r c ei 1r') F I t L ( (r! qJg N {.1 ET {d* HH 'l(tu E'kU E U)5H FA \l} {, * Gts{e ao *lu JJ u)a x 3oZ(a Ir{ z t{ N d. Z{ (r,z lEl rrld, aoU f o (et ooto zEEgr i::O o-g U4 EE E;Et0t,0 F1 ) -I;, $ O tr o I E(.) !r.r (u LN -----@i il il t1 il U t ...r8 .-- _ {b &, * f': ,o { q * at *r *0 * ?4.?* S*" *, *** $*"*.f*f s .{,,$ \, i *_ rtry ** * 'oto 5* PtadKet WM Lr It I .lI 7 1 -'t **- xu -!_ -sII-3.* lf,- :"",*l t 3a f f.l l.-* *. ' {rt*f-ta't* I e{a ,6 .fl t? ,"r"( ct * a t *'.r u ,}' u:e t* *r fria:zlrilfw *'.pa&1R0 oT 1t 86 Toi Cc: Subject: ]iD-Mrv Chase Anderson fAW) Shena tvnn-b'ea$rer llOA IAW) \i/eil: lerrv (AW) Neurauter IVP): l€fr fAWl Bell (S€cretervt: loel (AW) Slanobsum: lftk Hullbon: Toiv lteldenba.h: Jfies Mav: Imi_@!! Sonnenukt 9ara9e5 input Fdday, January 27, 2017 1:2li4o Ptl The Sonnenblick garage application is for each condo to have a double garage (12 total). All or most of the slopeside condos in SMV have only one carport per condo; none have garages that I am aware of. Six carports with a lower profile would be a better compromise (four carports on Fall Lane and two carports on Gallun Lane). The inside ceilings could be dropped to 8 ft. for a garage, or 7 ft for a carport. <!--[if !supportEmptyParas]--> <!-[endif]--> The existing application shows 16 ft high roof at the front of the garages, except for one garage with a flat roof. This blocks the view of many existing Aspenwood Condos, the pool and Spa common area, and thereby lowers the value of those affected condos. Do owners and buyers want to look at a garage wall and roof, or at existing nice landscaping? The existing plan builds right up to the Aspenwood property line and also restricts major maintenance access to the east side of Aspenwood condos and pool area currently shared with the Sonnenblick, as well as the west side of the Sonnenblick. Best regards, James May, Aspenwood homeowner <!-[if lsupportEmptyParas]-> <!--[endifJ--> PS... I am anxious that garages might block water runoff in the proximity of the shared property line. The West Fork of Brush Creek runs between Carriage Road and the ski slope, so it should be considered. I believe the litfle valley and low point is 02-21-17 TC Packet Page 10'l of 186 Staff Memo - Attachment 6 Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Attention: Chase Anderson, Planner; Email: canderson@tosv.com between the Aspenwood and the Sonnenblick) 02-21-17 TC Packet Page 102 of 1 86 Tor From: Subject: Date: Steohen Casev Chase Anderson Sonnenblick Condo HOA heanng 216117 Saturday, January 28, 2017 9:32:07 M IIi Chase. t{ope all is rvcll. As an onner at Aspcnrvood Condominium (Unit J-8) I am voting against the construction of garages outside Sonnenblick Condominium. 'I'he plans shos for Unit 6 construction to bt on 60 Fall Lane and I am the orvner ofa ground floor unit facing the no* existing parking lot of rescn'ed spaces. I bclieve my onl) rvindow vierv rvill be blocked and overall path to the mountain. Thus. the value of the condo itself will decline. I cannot attend the hearing on February 6.2017 as I am traveling for uork but please extend my concerns. Thank you. Stephen Casey 781-413-6204 (c) 02-21-17 TC Packet Page 1 03 of 1 86 From:Marv Harris Chase Anderson Sonnenblick Garages Frida% January 27, 2017 4:33:18 ?M Subject: Hr Chase! Just a quick note to let you know that we support the proposed garages at the Sonnenblick. As we all know, parking is at a premium in Snowmass. Allowing Sonnenblick to build garages for their owners & guests, will open spaces in the numbered lots for the other properties, guests and locals coming up to stay, ski or visit our fine lodging, dining and shopping establishments. Please let me know if you have any questions. Thanksl Sincerely, /,/*t Mary Harris, CMCA General Manager Timberline Condominiums & Edge Restaurant and Bar P.O. Box l-2 Snowmass Village, CO 81515 970-923-4000 m harris@thetim berl ine.com www.theti mberline.com To: Date: 02-21-17 TC Packet Page 104 of 1 86 From: lo: Cc: Subject: Date: Attachments: Andrea Heffner Chase Anderson Axel Gasser Sonnenblick Monday, January 30,2017 3:42:57 PM image002.emz imaoe003.nng Good Afternoon Mr, Anderson: lust a quick note to let you know that we support the proposed goroges ot the Sonnenblick. As we oll know, porking is ot o premium in Snowmdss. Allowing Sonnenblickto build garages lor their owners & guests, will open spoces in the numbered lots for the othet properties, guests ond locols coming up to stoy, ski or visit our fine lodging, dining ond shopping establishments. We have been discussing the oddition of trees between the Sonnenblick ond the Westin for additional privocy with the Sonnenblick for some time and we ore porticulorly pleased thot they have enhanced the privocy of our guests ond their owners with odditional trees as port of the project. Best regards, Andr6a Heffner Drrector of Sales & Marketing THE WESTIN SNOWMASS RESORT AND WILOWOOD SNOWMASS HOTEL 100 Elbert Lane Snowmass Village, CO 81615 United States wwrv westin com/snowmass www wildwoodsnowmass com T +'l 970 923.8270F +1 9709236877 C +1 970 987 3007 FACEBOOK I TWITTER I INSTAGRAM IUAEO V#,YffiL -Y@ &W,i) S IV(f W A/1AS S hilountain Escape Wlh skl-ln/sld{ut access to Snowmass Mountaln and more than 24000 squarc f€st of conference space, u,e harre orerythlng you need to plan yorrr nsxt meeilng. -.- r<il-ETT@ b ..{ii *o.fltp,I t!*I. -.Il i (\ &Il 02-21-17 TC Packet Page 1 05 of 1 86 [\ I , .i+ -: RESOLUTION No.9 SERIES OF 2016 A RESOLUTION PROVIDING RECOMTIIIENDATIONS TO THE TOWN COUNCIL REGARDTNG THE COMBTNED M|NOR PLANNED UN|T DEVELOPMENT (puD) AMENDMENT AND REZONING APPLICATIONS TO ALLOW FOR THE ADDITION OF GARAGES TO THE SONNENBLICK CONDOMINIUM PROPERW. VWIEREAS, on January 28, 1959, Pitkin County accepted the Plat otWest Viltage Unit F dedlcating each road platled as an easement reserved to Snowmass; and WHEREAS, on October 14, 1983, Pitkin County recorded the plat of Conference Cenler Subdivision, Lot 1, Filing 1, relerenc€d in Book 15, Page 46 dedicating real property subject to easements and encumbrances and lhe streets shown as Elberl Lane and Fall Lane lo the use of the public forever; and WHEREAS, on April 17, 1989, Snowmass Village Town Council Resolrrtion No. 22, Series of 1989, was approved for a subdivision exemption for the purpose of allowing the condominiumization of the Sonnenblick Building (West Village Unit F); and WHEREAS, on August 5, 1991, Sno,vmass Village Ordinance No. 15, Series of 1991 , was approved for the addilion of deck space and healed space. Heated space was added to the nodh and south end of the building. Decks were added to the east of the building, whict are located within 25' of the West Fofi of Brush Creek; and WHEREAS, on September 3, 1991, Snowmass Village Town Council Resolution No. 39, Series of 1991, was approved for permitting an amendment to the Sonnenblick Condominium Plat in association with the addition of deck and healed space; and WHEREAS, on November S, 2012, an Administlative Modilicalion was approved for interior floor area changes consisting of loft space with the condition that further development improvements shall be reviewed pursuanl to lhe procedures and slandards of Article V, Division 3, Planned Unit Development; and \A/I-IEREAS, on September 12, 2014, Pitkin County recorded a Subdivision Exempuon Plal for Sonnenblick Condominiums in Book 108, Page I noting Quit Claim Deed from Silvertree Propco, LLC to Sonnenblick Condominiums, lnc. Reception No. 589481; and WIIEREAS, the Minor PUD Amendment and Rezoning applicauons were processed in accordance with 16A-5-390, Amendment of Final pUD, and 16A-$220, Amendment to Official Zonino Districl Mao of the Municipal Code: and W-IEREAS, the Pianning Commission has reviewed the noted application and considered the recommendalions of Town Stafi on Oecember 21, 201G. NOW THEREFORE, BE lT RESOLVEO, by the ptanning Commission of the Town of Snowmass Village, as folbws: 02-21-17 TC Packet Page 106 of 186 Agenda Item Summary Attachment 4 TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION 2l PC Rsso 9, Serles of 2016 Page 2 of 5 Section One: GeneralflodiDqg. The Planni ng Commission generally finds that: Miscellaneous Findings - 1) As a condition of the November 8, 2012 administrative modmcaton process, lhe proposed garage improvements will be processed according lo Section 16A-$390 Amendment of final PUD as a minor amendment. The Applicanl submitted lhe applications for the Minor PUD Amendment and Rezoning in accordance wilh the provislons of the Municipal Code. J)The initial and updated applications provided the "Minimum Conlents' required pursuant lo Seclions 164-$220 and 230, and included Mitten and graphic materials in sufficient detail to deem the applicalions complete for review. 4)The Planned Unil Developmenl Guide delermines developmeflt paramelers of the property supplemenling and superseding, if applicable, lhe development parameteG of the underlying zoning 'Multi-family. (see Exhibit A). 5)Minor architeciural adjuslments lo roof pitch of the garages may be reviewed and approved by Staff adminislratively during time of Building Permit application zoning review, provided no sno\r,/ or water is direcled towards neighboring prcperties or garage doors. The Snowmass Wildcat Fire Dishict (SWFD), has provided written confirmation of an approval of the conceptual plans for the Sonnenblick Condominium garages as further described in their letter dated November 3, 2016, (see Exhibit B), which provides acceplable authorization to build based on certain conditions set forlh. The Snowmass Water and Sanitation Oistrict (SWSD), has provided written confirmation of an approval of the conceptual plans for the Sonnenblick Condominium garages as further described in their letler daled November 15, 2016, (see Exhibit C), wftich provides acceptable authorization lo build based on certain conditions set forth. Allowing for lhe proposed development within 25' setback of the West Fo* of Brush Creek is not inconsistent with the review standards of the Land Use Code Section 16A-4-30 Brush Creek lmpac{ Area or Seclion 15A-4-0 Floodplain and Wetland Areas, the Comprehensive Plan or the associaled Envimnmental Sensitivity Map and Brush Creek lmpact Zones Map, upon waiver of this requirement by the Town Council. qeeion TJrro! Actign. Pursuant to the lindings stated in Seclion One of this resolulion, the Planning commission recommends that lhe Town council waive development setback of 25' from West Fork of Brush Creek and approve the combined minoi planned unit devBlopment (PUO) amendment and rezoning applications for lhe addilion of garages tothe Sonnenblick Condominiums property subjeci to satistactorily implementin! the 6) 7l 8) 02-21-17 TC Packet Page 107 of 186 PC Reso 9, Series ol20l6 Page 3 of 5 conditions in Section Three of this resolulion. Section Three: Condltlons. The Planning Commission makes the following recommendalions for consideration by Town Council as conditions for the approval of the applications: General recommendations - 1) That the ea$em side yard setback for he properly be lhe along lhe 10'Drainage Easement and along the edge of lhe existing condominium improvemenls where they encroach into lhe easement 2) That the proposed height of the garage facades along Fall Lane be lowered or setback. 3) That the proposed footprint of lhe eastem most garage on Fall Lane be setback a greater dislance lrom the West Fo* of Brush Creek watenrrray. 4) That the proposed roof of the western mosl garage on Fall Lane be adjusted as to nol shed water or snow onto the neighboring prcperty and as to not impad the view. 5) That a snow removal plan for the garages ard th€ prop€rty area along the emergency access on Fall Lane be included in the PUD guide. 6) That a view study be conducled from the Aspenwood pespective in order to access lhe view impaci of the garages. Pdor lo lssuance of a building permit - 1) Wth the submittal of the building construdion plans, and prior to the issuance of a permit, lhe applicar should p'roviJe: a) a detailed Construclion Management Plan that demonstrates compliance with Ordinance No. 12, Series of 2007, standards afld regulations for conslruction managemenl within the Town and adequalely addresses the issue of construction interruption to the satisfaclion ot the Building Official: and b) A detailed landscape plan will be submitled and approved admlnistratively by Planning Staff; and c) demonstration of:i) refuse containers or endosures to be Wldlife Resislant Dumpster Enclosures pursuanl to the Section 7-34 of the Municipal Code; ardii) conlainers lo be maintained in accordance with Section 7-153 of the Municipal Code; and iii) construction site retuse to be handled as dBcribed in Section 7-156; and iv) knowledge that feeding of wildlife is prohibited. d) a signed letler from Snowmass Water and Sanitation Dislrict approving the struclural plans of the garages; and e) a signed agreement between Sonnenblick reprsenlatjves and the Snowmass Water and Sanitalion Dislricl allowing construdion wilhin an easement. 02-21-17 TC Packet Page 108 of 186 Post con3t uc{lon - 3) Prior to issuance of a final C€rtifcate of Complelion, th€ applicant shouH: a) sub,stantially rF\Ggetale all disturbed er€as; and b) in$ell silnage indicating thal no storage of vehicles, dditirnal parking, planting struclures, or the like, are permittrd to bc located or stored, even temporarily, along the exterior ot lhe proposed garag€s. 4)The appli:anl wifl put in ac'tion an entorcement plan thal prevents the porlim ot the 24' wid€ access alorE Fall Lsne located inskle the boundary of lhe Sonnenblick property rrom being oblructcd and wlll remah clear and opcn at alltimestorfire and emeqency vehicles. The apflicant acknowledg€s lhat no additional permanent or lemporary structures shall be allowed or permilted by ths Town to be located between the pogosed garages and lh€ northerly property line of the parcel. The applicant will submit a condomlnium map emendm€r for administrative conslderalion localing the as-bult impror/ements and detaling th€ general common elemenls and limited commons elements on lhe property. 5) 6) Secdon Four: Sevarabllitv. lf any provision of thls ResoMion or applicalion hereof to any person or cirqrm$ance is held lnvalid, lhe lnvalidity shdl not afied any olh€r provlsion or appli€tion of this Rcsolntion which can be given ellect without the invallj provision or applicellon, and, to this end, the provisbns of this Resolution ara severaHe. INTROOUCED, READ, ANO APPROVEO by the planning Commlssion of ths Town of . Snowmass _Mllage on DecembeJ 21, 2016 upon a molion by plannirE commission Memb€r Faurer, the second ot plaming commisdon l$ember Aiathan, aniugon a vole of 6 in favor and 0 against. planning Commissbn Member Keelty wasabsent. TOWN OF SNOWIilASS VILLAGE 8y: Page 109 of '186 PC Rero 0, Scrl6 ot 2016 Prgo a ofs Durlng comtructlon - 2) lf ne€ded, extended consffudion uodr hours may be requested from lhc Curunrnity Derclopment Ereclor in ord€r to meet phasing sdrdule and conpletion dale of tall 2017. ATTEST: Plaming Commission 02-21-17 TC Packet PC Rcso 9, S3rls3 of 2016 Psgr 5 of 5 Exhlblta by Relerence:> Extrlbit A - PUD Gube> E)fiibit B - Authorization Letter ftom Snorvmass Wildcat Fire Oslrid received November 3, 2016> Edrlblt C - Aulhorhation Letter ,rorn Snowmass Water and Sanilation DEtrict received No\rember 1 5, 2016 02-21-17 TC Packet Page 1 10 of '186 TO: FROM DATE: SUBJECT MEMORANDUM Snowmass Village Town Council John Dresser February 21,2017 Extension of Marijuana ("MJ") Moratorium, Ordinance No. 8, Series of 2017 I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: An Ordinance extending the temporary moratorium prohibiting the establishment of any medical marijuana facility or any retail marijuana establishment in the Town of Snowmass Village. Council is requested to pass at Second Reading Ordinance No. 8, Series of 2017. This is because the moratorium expires March 15,2017 and an adopted Ordinance is not effective for l5 days after approval at Second Reading. II. SUMMARY OF PROJECT Prior to the expiration of the temporary MJ moratorium on March 15,2017 , TOSV must enact an Ordinance adopting regulations for licensing of retail marijuana establishments, permanently opt out of Amendment 64 and prohibit retail marijuana establishments OR extend the moratorium to allow TOSV time to review, study and analyze the impacts of MJ legalization and formulate regulations accordingly. III. BACKGROUND On Novemb er 6,2012, Colorado voters passed Amendment 64 to the State Constitution which provides that persons 21 years of age and older may legally possess and consume one ounce or less of marijuana without a medical need, and for retail marijuana sales to be taxed and licensed similar to alcohol sales. Federal continues to make possession or use of MJ illegal. The past federal executive administration, through a memorandum issued by the US Attorney General, minimalized enforcement of the MJ laws in states that enacted MJ regulatory legislation. ry. APPLICABLE REGULATIONS Amendment 64 to the State Constitution. Colorado Retail Marijuana Code C.R.S . 12-43.4-l0l et.seq. 02-21-17 TC Packet Page111of186 Colorado Dept. Of Revenue, Marijuana Enforcement Division's Permanent Rules Related to the Colorado RetailMarijuana Code V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV extend the current moratorium to allow time to review the implications of Amendment 64 and State retail marijuana regulations and develop a regulatory scheme for TOSV? OR should TOSV prohibit retail marijuana establishments in TOSV? VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council extend the moratorium prohibiting retail marijuana establishments in TOSV to October 31,201 8 in order to analyze and determine a course forward with input from the community. The date of October 31,2018 is suggested as a time frame of knowing just how the federal government under the new administration will react to state legalization of MJ. Possession of MJ under federal law is still illegal and such possession exists only because the previous executive had ordered the US Attorney Generalto cease enforcement of possession of MJ violations. Such order may be rescinded at any time by the new administration. Vigorous federal enforcement is a possibility at present. In the event the new administration should continue on the path of minimizing enforcement charted by the previous administration, TOSV will need time to prepare and enact regulatory legislation and consider tax options for TOSV. 02-21-17 TC Packet Page 112 of 1 86 I 2 3 4 5 6 7 8 I l0 ll t2 l3 t4 l5 t6 t7 l8 l9 20 21 IZ 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 4t 42 43 44 45 46 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO.8 SERIES OF 2017 AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM REGARDING THE ESTABLISHMENT OF ANY NEW MEDICAL MARIJUANA FACILITY OR RETAIL MARIJUANA ESTABLISHMENTS IN THE TOWN OF SNOWMASS VILLAGE WHEREAS, on November 6, 2012, Colorado voters passed Amendment 64 to the State Constitution which provides that persons 21 years of age and older may legally possess and consume one ounce or less of marijuana without a medical need, and for retail marijuana sales to be taxed and licensed similar to alcohol sales; and WHEREAS, although Medical Marijuana ("MMJ") and Retail Marijuana ("RMJ") are already permitted and regulated in the State of Colorado, no MMJ or RMJ facilities currently exist in the Town of Snowmass Village; and WHEREAS, possession or use of either MMJ or RIVIJ, as categorized by the State of Colorado, remains illegal under federal law; and WHEREAS, Amendment 64 to the State Constitution does not change existing federal law; and WHEREAS, the Colorado Department of Revenue through the Marijuana Enforcement Division issued regulations for marijuana sales and use in Colorado and has revised and amended the regulations frequently; and WHEREAS, Amendment 64 provides that local jurisdictions can prohibit or regulate RMJ at the local level. WHEREAS, a moratorium provides the time necessary to consider: the latest State marijuana regulations as may be applicable to the Town of Snowmass Village; consider potential tax implications; allow resolution of any legal challenges to Amendment 64 and/or the State of Colorado regulatory scheme; fully understand the new federal executive's admin istration's position regarding federal illegality of marijuana; allow the Town Council, Town Staff and the citizens of Snowmass Village to consider and develop local regulations pertaining to retail marijuana zoning, cultivation, distribution' sale and/or consumption; and/or consider opling-out of Amendment 64 and prohibit Retail Marijuana establishments in the Town of Snowmass Village. 02-21-17 TC Packet Page 113 of 186 47 48 49 50 5l 52 53 <,'| 55 56 57 58 59 60 6t 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 8l 82 83 84 85 86 87 88 89 90 9l 92 WHEREAS, for the foregoing reasons as well as the March 15, 2017 expiration of the Town of Snowmass Village temporary moratorium on MMJ and RMJ facilities enacted June 26, 2014, the Town Council finds it is necessary for the immediate preservation of health, safety, peace and welfare to adopt this Ordinance extending the temporary moratorium to October 31 ,2018. NOW, THEREFORE, BE lT ORDAINED, by the Town Council of the Town of Snowmass Village as follows: 1. There is hereby imposed a temporary moratorium, establishment of any medical marijuana facility or any establishment in the Town of Snowmass Village and moratorlum is hereby deemed consistent with the pursuant to the opt-out provisions of Amendment 64. prohibiting the retail marijuana said temporary intent of, and 2. The temporary moratorium shall be effective upon the adoption of this Ordinance and shall expire without further action on October 31, 20'18. 4. The Town Clerk is directed to publish this Ordinance as soon as possible and in accordance with the provisions of the Town Charter 5. lf 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, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on First Reading on February 6,2017 upon a motion by Council Member Shenk, the second of Council Member Madsen, and upon a vote of 4 in favor and 0 opposed. Council Member Goode was absent. INTRODUCED, READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on Second Readlng on February 21, 2017 upon a motion by Council Member , the second of Council Member , and upon a vote of _ in favor and _ opposed 2 02-21-17 f C Packet Page 114 of 186 3. The temporary moratorium may be terminated or extended by the Town Council in its discretion upon good cause by adoption of an Ord inance. 93 94 95 96 o7 98 99 100 l0r 102 103 104 105 r06 107 108 109 ll0 lll n2 I l3 fi4 I l5 ll6 fl7 TOWN OF SNOWMASS VILLAGE Markey Butler, Mayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM John C. Dresser, Jr., Town Attorney 3 02-21-17TC Packet Page 115 of 186 Town of Snowmass Village Agenda ltem Summary DATE OF MEETING February 21 ,2017 AGENDA ITEM: SECOND READING _ ORDINANCE NO. 02, SERIES OF 2017 - AN ORDINANCE AIMENDING CHAPTER 2 ARTICLE XI SECTION 2-251 _ 2.269 OF THE SNOWMASS VILLAGE MUNICIPAL CODE TO AUTHORIZE THE ADMINISTRATIVE APPROVAL OF VARIOUS LIQUOR LICENSING PRESENTED BY: Rhonda B. Coxon, Town Clerk BACKGROUND: I have advertised since November and have no interest from the community in filling two open seats on this board. This appeared to be the time to look in to what is now standard operating procedure by most Municipalities throughout the state of Colorado. The Town staff, including the Town Clerk, Town Attorney, and the Town of Snowmass Village Police personnel, review and investigate each licensing transaction prior to presenting to the Liquor Licensing Authority to ensure completeness, accuracy and compliance with the applicable laws, rules and regulations. Authorizing the administrative approval of various licensing transactions by Town staff would streamline the process and eliminate the need of the Liquor Licensing Authority and provide monetary savings to the Town of Snowmass Village and hours of work for the Town Clerks department, while maintaining the same practices and due diligence currently used in evaluating applications FINANCIAL IMPACT: Clerk's time preparing a monthly packet and attending the Liquor Licensing Authority (LLA) meeting and preparing meeting minutes. There would be monetary savings including Xerox paper. Some LLA packets were over 200 pages x eight copies. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Sustainability Goals COUNCIL OPTIONS: 1. Approve, Modify or Deny Ordinance No. 02, Series of 2017 02-21-17 TC Packet Page 116 of 186 STAFF RECOMMENDATION: Approval at Second Reading ATTACHMENTS: Ordinance No. 02, Series of 20'17 02-21-17 TC Packet Page 117 of 186 I 2 3 4 5 6 7 8 9 l0 ll t2 IJ t4 l5 l6 t7 l8 l9 20 2l 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 4t ^'\ 43 44 45 46 47 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 02 SERIES OF 2017 AN ORDINANCE AMENDING CHAPTER 2 ARTICLE XI SECTION 2.251 - 2.269 OF THE SNOWMASS VILLAGE MUNICIPAL CODE TO AUTHORIZE THE ADMINISTRATIVE APPROVAL OF VARIOUS LIQUOR LICENSING WHEREAS, the Liquor Licensing Authority of Snowmass Village act in the capacity of the Local Licensing Authority; and WHEREAS, the Town currently has 36 active liquor licenses, and under the current practice many routine administrative matters related to these licenses are placed on the Liquor Licensing Authority agendas for approval; and WHEREAS, the majority of these Licensing approvals are granted routinely, except in cases where the licensee has had a violation of license laws, rules or regulations during the preceding year; and WHEREAS, the Town staff, including the Town Clerk, Town Attorney, and the Town of Snowmass Village Police personnel, review and investigate each licensing transaction prior to presenting to the Liquor Licensing Authority to ensure completeness, accuracy and compliance with the applicable laws, rules and regulations; and WHEREAS, authorizing the administrative approval of various licensing transactions by Town staff would streamline the process and eliminate the need of the Liquor Licensing Authority and provide monetary savings to the Town of Snowmass Village and hours of work for the Town Clerks department, while maintaining the same practices and due diligence currently used in evaluating applications. WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. Section 1. the Town Council of Snowmass Village hereby grants authority to the Town Clerk of Snowmass Village acting as the Secretary of the Liquor Licensing Authority, to grant administrative approval of the following liquor licensing matters provided there have been no violations of the Colorado Liquor or Beer Codes, local ordinances or any other slate local laws, rules or regulations during the year preceding the application: 02-21-17 TC Packet Page 118 of 186 NOW, THEREFORE, BE lT ORDAINED by the Town Council of the Town of Snowmass Village, Colorado, as follows: 48 49 50 5l 52 53 54 55 56 57 58 59 60 6t 62 63 64 65 66 67 68 69 70 7l 72 73 74 75 76 77 78 79 80 8l 82 83 84 85 86 87 88 89 90 9t 92 93 17-O2rC Ordinance Page 2 of 9 Special Events Permits 2 Transfers of Ownership Change of Location 4 Modrfication of Premises 5 Change of Registered Managers 6) Change of Trade Name 7) Change in Corporate or LLC Structure 8) Annual Renewals Section 2: Said approval by the Town Clerk will be granted only after review in accordance with established procedures and applicable State Law, investigation and approval of each liquor license application by the Town Attorney's office and review of the Snowmass Village Police Department, and the payment of all applicable local and state liquor license fees Section 3: ln the event any violations are discovered during this review, or any other irregularities related to any application are found, that application will be forwarded to the l\ilunicipal Judge as the Town of Snowmass Village Hearing Officer for review and approval. lf the Town Staff determines that a Public Hearing of any kind would be required or recommended before the granting the approval, that hearing would be scheduled before the Municipal Judge acting as the Snowmass Village Hearing Officer as the Local Licensing Authority. Section 4: the current code language would be change to Sec. 2-251. Establishment of authority. Delete this section A Liquor Licensing Authority is hereby created to administer the provisions of the Colorado Beer Code, the Colorado Liquor Code, special event permits and such other provisions as contained in the laws of the State regulating the sale of fermented malt beverages, alcoholic beverages, special malt, liquors, spirituous liquors and vinous liquors and regulations made pursuant thereto, as they presently exist or may hereafter be amended. (Ord. 15-1992 $2) Sec. 2-252. Qualifications of members. Delete this section The Liquor Licensing Authority shall be composed of five (5) regular members. No member of the Liquor Licensing Authority shall have any financial interest, direct or indirect, in any license which can be issued by the Liquor Licensing Authority. All members of the Liquor Licensing Authority shall serve at the pleasure of the Town Council. (Ord. 15-1992 $2) Sec. 2-253. Terms of members. Delete this section The term of a member of the Liquor Licensing Authority shall be for three (3) years. The Town Council shall appoint members on a staggered term basis to provide for overlapping terms. ln the event that a vacancy occurs on the Liquor Licensing Authority, the Town Council shall appoint a new member to serve the remaining terms of the 02-21-17 TC Packet ARTICLE XI Liquor Licensing Authority Page 119 of 186 94 95 96 97 98 99 100 l0l 102 103 104 105 106 107 108 109 ll0 lll tt2 ll3 l4 lt5 ll6 l7 lt8 ll9 120 t2t 122 123 124 125 126 127 128 129 130 l3t 132 133 134 135 136 137 vacancy. All terms shall expire on a staggered basis at the first regular meeting of the Town Council in January of each year. (Ord. 15-1992 $2) Sec. 2-254. Gompensation of members. Delete this section All members of the Liquor Licensing Authority shall serve without compensation. All reasonable expenses of the members shall be paid by the Town upon approval of the expenses by the Town Council. (Ord. 15-1992 $2) Sec. 2-255. Staff assistance. Technical assistance and services shall be provided to the Municipal Judge as the Hearing Officer of the Liquor Licensing Authority by the Town staff upon request of the said officer. (Ord. 15-1992 52) Sec.2-256. Officers. Delete this section. Yearly at the first regularly scheduled meeting of the Liquor Licensing Authority, occurring after the first regularly scheduled Town Council meeting in January of each year, the Liquor Licensing Authority shall elect officers from among its members- The officers to be elected shall be chairman 2-27 and vice chairman. The chairman, or in his or her absence, the vice chairman, shall be presiding officer at all meetings. (Ord. 15-1992 52) Sec.2-257. Meetings. Delete this section All business of the Liquor Licensing Authority shall be conducted at meetings which are open to the public and shall be held within the Town. (Ord. 15-1992 $2) Sec. 2-258. Rules and regulations. The Municipal Judge as Hearing Officer as the Liquor Licensing Authority is hereby expressly authorized and empowered to promulgate reasonable rules and regulations as are necessary and proper to govern proceedings before it and may delegate its authority regarding the issuance of Temporary Permits and Special Event Permits to an official, provided that such rules and regulations shall not be in conflict with the applicable provisions of the laws of the State and regulations made pursuant thereto, this Code or the Charter. (Ord. 15- 1 992 52; Ord. 4-1 994 $'l ; Ord. I 1-1 999 S1 ) Sec. 2-259. Application of state statutes. Pursuant to declaration by the General Assembly, the Colorado Beer Code, Section '12- 46-101 , etseq., C.R.S., the Colorado LiquorCode, Section 12-47-101, ef seq., C.R.S., and Special Event Permits, Section 12-48-101 , ef seq., C.R.S., as they presently exist or may hereafter be amended, shall apply to the sale of fermented malt beverages, alcoholic beverages, special malt liquors, spirituous liquors and vinous liquors in the Town. (Ord. 15-1992 52; Ord. 10-1997 52) Sec. 2-260. Definitions. 02-21-17 TC Packet Page 120 of 186 17-02rC Ordinance Page 3 of 9 138 t39 t40 l4l 142 143 144 145 146 147 148 t49 150 l5l t52 153 154 155 156 t57 158 159 160 l6l 162 163 164 165 166 167 168 169 170 t7t 172 173 174 175 176 177 r78 179 180 l8l 17-02TC Ordinance Page 4 of 9 As used in this Article, unless the context otherwise requires, all terms shall be defined as set forth in the provisions of the Colorado Beer Code, the Colorado Liquor Code and Special Event Permits, as the definitions presently exist or may hereafter be amended. (Ord. '15-1992 52; Ord. 10-1997 52) Sec. 2-262. Optional premises. (a) Optional premises license and optional premises for a hotel and restaurant license may be issued by the Town Clerk. (b) The following standards shall be applicable to the issuance of a license under this Section, in addition to all other applicable standards set forth in the Colorado Liquor Code for optional premises license and optional premises for a hotel and restaurant license. 2-28 (1) Eligible facilities. Outdoor sports and recreational facilities as defined in Section '12- 47-103(13.5), C.R.S., as it presently exists or may hereafter be amended, are eligible for licensing as an optional premises or an optional premises for a hotel and restaurant (2) Number of optional premises. There are no restrictions on the number of optional premises which any one (1) licensee may have on an outdoor sports or recreational facility. (3) Minimum size of facility. There is no restriction on the minimum size of an outdoor sports or recreational facility which would be eligible for issuance of an optional premises license or optional premises for a hotel and restaurant license. (c) The application for an optional premises license or optional premises for a hotel or restaurant license shall be accompanied by lhe following: ('l) A map or other drawing illustrating the outdoor sports or recreational facility boundaries and the approximate location of each optional premises requested; (2) A description of the method which shall be used to identify the boundaries of the optional premises when it is in use; and (3) A description of the provisions which have been made for storing malt, vinous and spirituous liquors in a secured area on or off the optional premises for the future use on the optional premises. (Ord. 15-1992 52; Ord.4-1994 S1;Ord. 10-1997 g2) Sec. 2-263. Tastings. (a) Definition. Iastlngs means the sampling of malt, vinous or spirituous liquors that may occur on the premises of a retail liquor store licensee or liquor-licensed drugstore licensee by adult patrons of the licensee pursuant to the provisions of Section '12-47- 301(10), C.R.S. Page 121 of 186 Sec. 2-261. Local license fees. The maximum fee prescribed in the Colorado Beer Code, the Colorado Liquor Code and Special Event Permits which may be collected by a local licensing authority shall be collected, except as specifically waived or modified by a resolution of the Town Council. (Ord. 15-1992 52; Ord. 10- 1997 52) 02-21-17 TC Packet 182 183 184 185 186 187 188 189 190 l9l 192 193 194 195 196 197 r98 t99 200 201 202 203 204 205 206 207 208 209 210 2| 2t2 213 214 215 216 217 218 2t9 220 221 222 223 114 225 226 17-02rC Ord in a nce Page 5 of 9 Sec. 2-264. Educational requirements. Every liquor licensee who possesses a liquor license that permits serving of alcohol by the drink on the licensed premises shall have its registered manager and/or a designated server obtain and keep current a certificate of completion from an educational program of training for intervention procedures for servers of alcohol. Copies of current certificates of completion shall be filed with the Town Clerk for the Liquor Licensing Authority, together with an application for a new liquor license or the renewal of an existing liquor license. Failure to timely submit a certificate of completion by any applicant may be considered by the Hearing Office as Liquor Licensing Authority at the hearing determining the application for a new liquor license or renewal of an existing liquor license. (Ord. '15-1992 $2; Ord. 4-1994 51; Ord. 10-1997 52; Ord. 15-2008 51) Sec. 2-265. Reseal and removal. ln accordance with Section 12-47-411(3.5), C.R.S., a hotel or restaurant licensed pursuant to thisSection may permit a customer of the hotel or restaurant to reseal and remove from the licensed premise one ('1) opened container of partially consumed vinous liquor purchased on the premises so long as the original container did not contain more than seven hundred fifty (750) milliliters of vinous liquor. (Ord. 31-2004 SB2) 02-21-17 TC Packet Page 122of 186 (b) Authorization. The Town hereby authorizes tastings to be conducted by retail liquor store or liquor-licensed drugstore licensees in accordance with this Section and pursuant to Section 12-47 -301(10)(a), C.R.S., and subject to approval by the Town Clerk. lt is unlawful for any person or licensee to conduct tastings without first having obtained a permit to do so in accordance with this Section. (c) Application for permit. A retail liquor store or liquor-licensed drugstore licensee who wishes to conduct tastings shall submit an application for a permit to the Town Clerk on forms supplied by the Town Clerk's Department. Such application shall be accompanied by a nonrefundable annual fee as set. (d) Term. The tastings permit shall be valid for a period of one (1) year, and shall run and expire concurrently with the license of the retail liquor store or liquor-licensed drugstore; provided, however, that the first tastings permit issued to a retail liquor store or liquor-licensed drugstore licensee shall be valid only until the expiration of the current liquor license. 2-29 (e) Limitations. Tastings shall be subject to the limitations set forth in Section 12-47- 301 (10)(a),C. R.S.; and tastings shall be subject to the limitations set forth by the above statute as may be amended from time to time by the Town Clerk's Department. (Ord. 31-2004 SBl ) Sec. 2-266. Purpose and authority. (a) lt is the purpose of this Section for the Town to exercise its local option to allow common consumption areas in the Town by establishing an Entertainment District as provided in Section 1247-301(11), C.R.S. 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241-\^) 243 11,!, 245 246 1^1 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 26s 266 267 268 269 17-02rC Ord ina nce Page 6 of 9 (b) The Town Council grants the authority to the Town Clerk to: certify and decertify promotional associations; designate the location, size, security and hours of operation of common consumption areas, and allow attachment of licensed premises to common consumption areas. (Ord. 5-2012 S1) Sec. 2-268. Applications for certification, recertification and attachment to promotional association. (a) Application for certifying a promotional association under the provisions of this Chapter and the Colorado liquor laws shall be made to the Liquor Licensing Authority on forms prepared and furnished by the Town Clerk. The forms shall include, but shall not be limited to: (1) (c) The promotional association shall obtain and maintain a properly endorsed general liability and liquor liability insurance policy that is reasonably acceptable to the local licensing authority of at least one million dollars ($'l ,000,000.00) per incident and names the Town as an additional insured. (d) Common consumption areas and their attached licensed premises may serve alcohol and the customers may consume alcohol until 12:00 midnight. lt is unlawful for any attached licensed premises to serve or the promotional association to allow consumption of alcohol beverages in the common consumption area after 12:00 midnight. 02-21-17 TC Packet Sec.2-267. Operational requirements of promotional associations and common consumption areas. (a) The size of the common consumption area shall not exceed the area approved by the Snowmass Village Town Council; however, the promotional association may make such area smaller at any time, provided that the new area is clearly delineated using physical barriers to close the area to motor vehicle traffic and limit pedestrian access. (b) The promotional association shall provide an appropriate amount of security to ensure compliance with the liquor code and prevent a safety risk to the neighborhood. 2-30 (c) The promotional association shall obtain and maintain a properly endorsed general liability and liquor liability insurance policy that is reasonably acceptable to the local licensing authority of at least one million dollars ($1,000,000.00) per incident and names the Town as an additional insured. (d) Common consumption areas and their attached licensed premises may serve alcohol and the customers may consume alcohol until 12:00 midnight. lt is unlawful for any attached licensed premises to serve or the promotional association to allow consumption of alcohol beverages in the common consumption area afler 12:00 midnight. (e) The entertainment district, for purposes of this Chapter, is established in the areas depicted in Exhibit "A," a copy of which is available at the Town Clerk's office. (Ord. 5- 2012 S1) Page 123 of 186 (e) The entertainment district, for purposes of this Chapter, is established in the areas depicted in Exhibit "A," a copy of which is available at the Town Clerk's office. (Ord. 5- 2012 S1) Sec. 2-258. Applications for certification, recertification and attachment to promotional association. (a) Application for certifying a promotional association under the provisions of this Chapter and the Colorado liquor laws shall be made to the Liquor Licensing Authority on forms prepared and furnished by the Town Clerk. The forms shall include, but shall not be limited to: ('l) A copy of the articles of incorporation and bylaws and a list of all directors and officers of the promotional association. (2) Detailed map of the common consumption area, including: location of physical barriers, entrances and exits, location of attached licensed premises, identification of licensed premises that are adjacent but not to be attached to the common consumption area, approximate location of security personnel. (3) A detailed description of security arrangements within the common consumption area. (4) A list of dates and hours of operation of the common consumption area. (5) Documentation showing possession of the common consumption area. (6) List of the attached licensees listing the following information: liquor license number, a list of any past liquor violations and a copy of any operational agreements. (7) An insurance certificate of general liability and liquor liability insurance naming the Town as an additional insured. (8) Documentation of the reasonable requirements of the neighborhood, the desires of the adult inhabitants as evidenced by petitions, remonstrances or otherwlse. (9) An application fee of five hundred dollars ($500). (b) A certified promotional association shall apply for recertification by January 31 of each year on forms prepared and furnished by the Town Clerk. The forms shall include, but shall not be limited to: 2-31 (1) A copy of any changes to the articles of incorporation, bylaws and/or directors and officers of the promotional association. (2) The items listed in Paragraphs (a)(2) through (7) above. (3) An application fee of three hundred dollars ($300). (c) Application by a liquor licensee to attach to an existing common consumption area of a certified promotional association shall be on forms prepared and furnished by the Town Clerk. The forms shall include, but shall not be limited to: (1) Authorization for attachment from a certified promotional association. (2) The name of the representing director to sit on the board of the certified promotional association. (3) Detailed map of the common consumption area including: location of physical barriers, entrances and exits, location of attached licensed premises, identification of 02-21-17 TC Packet Page 124 of 186 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 3ll 312 3r3 17-O2rC Ordinance Page 7 of 9 314 315 316 317 318 319 320 321 .t lz 3Z) 324 325 326 327 328 329 330 331 ))z JJJ 334 335 336 337 338 339 340 34t 342 343 344 345 346 347 348 349 3s0 35t 352 353 354 355 356 357 358 17-02TC Ord inance Page 8 of 9 licensed premises that are adjacent but not to be attached to the common consumption area, approximate location of security personnel. (4) An application fee of three hundred dollars ($300). (Ord. 5-2012 $1) Sec. 2-269. Review of applications for certification, recertification, decertification of and attachment to promotional association. (a) Upon receipt of an application for certification or recertification of a promotional association or attachment of a liquor licensee to an existing common consumption area, the Liquor Licensing Authority shall consider such application within sixty (60) days of receipt. The Hearing Officer for the Liquor Licensing Authority shall review the application for compliance with this Chapter and Colorado liquor law and may either approve the application with or without conditions or deny the application. An applicant may make written appeal of a final decision of the Hearing Officer for the Liquor Licensing Authority to the Snowmass Village Town Council within thirty (30) days. (b) The Hearing Officer for the Liquor Licensing Authority has the power to decertify a promotional association. Theprocess shall be in the same manner as provided in Section 12-47-601, C.R.S., as related to liquor licenses. (Ord. 5-2012 $1 ) 2-32 Section 2. Severabilitv. lf 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 application, and, to this end, the provisions of this Ordinance are severable. INTRODUCED, READ AND ADOPTED on first reading by the Town Council of the Town of Snowmass Village, Colorado, upon a motion made by Council Member Shenk, the second ofCouncil Member lvladsen, on February 6,2017, and by a vote of4 in favor to 0 opposed. Council Member Goode was absent. INTRODUCED, READ AND ADOPTED on second reading by the Town Council of lhe Town of Snowmass Village, Colorado, upon a motion made by Council Member , the second of Council Member on February 21 ,2017 , and by a vote of in favor to _ opposed TOWN OF SNOWMASS VILLAGE Markey Butler, Mayor ATTEST: 02-21-17 TC Packet Page 125 of 186 359 360 361 362 363 364 365 366 367 368 369 370 371 372 17-OzrC Ordinance Page 9 of 9 Rhonda B. Coxon, Town Clerk John C. Dresser, Jr., Town Attorney 02-21-17 TC Packet Page 126 of 186 APPROVED AS TO FORM: Town of Snowmass Village Agenda ltem Summary DATE OF MEETING February 21,20'17 AGENDA ITEM: RESOLUTION NO. 21 , SEHIES OF 2017 - A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS BUDGETED FOR GRANT CONTHACTS FOR HEALTH AND HUMAN SERVICE ORGANIZATIONS. PRESENTED BY: Rhonda B. Coxon, Town Clerk BACKGROUND The Citizen Grant Review Board mel on February 9, 2017 and discussed all the applications that were sent in by local Non-Prolit Organizations. At the Council budget meeting the Council approve at total of $100,000 to be distributed to Health and Human Service Organizations. Attached are lhe grants at a glance for this year and the CGRB rationale for this year. Chairman of the Board Alex Loetler will be present at the meeting to answer any questions ol the Council. Listed below is the Grant Criteria approve by Town Council in November of 2016. "Health and Human agencies that provide a continuum of health care services including prevention, intervention, treatment, education and outreach programs, regardless of the clients ability to pay and community non-profit organizations that address community problems and or enrich the quality of life for residents of Snowmass Village" This criteria was approve by the Town Council at thear Regular Meeting on Monday, November7,2016. FINANCIAL IMPACT: 02-21-17 fC Packet Page 127 of 186 $100,000 Budget APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: N/A COUNCIL OPTIONS: 1. Approve 2. Modify 3. Or Deny Resolution No. 21, Series o12017 STAFF RECOMMENDATION: Approval of Resolution No. 21, Series o12017 ATTACHMENTS: Resolution No. 21, Series o12017 Grant at a Glance Flationale tor 2017 02-21-17 TC Packet Page 128 of 1 86 CHARITABLE & SERVICE ORGANIZATIONS 20'lo-2017 Requested CGRB 2016-2017 Recommend 2017 201612017 Approved 2015 Council Approved 2015 Council Approved 201 3 Council Approved 1 . Alpine Legal Services $4,500.00 $4,500.00 $4,000.00 $3,s00.00 $3,s00.00 $3,500.00 2. Anderson Ranch Arts Center $10,000.00 $4,000.00 -0- 3. Aspen Camp of the Deaf & Hard of Hearing $2,350.00 $2,360.004. Aspen Hope Center $22,500.00 $6,190.00 $s,000.00 -0--0-$5,000.00 5. Aspen Sister Cities $ 2,500.00 $2,500.00 -0- 6. AspenTree-Community Farm Park $9,s00.00 $500.00 -0- 7. AVSC $7,500.00 $7,s00.00 $5,000.00 $s,000.00 $s,000.00 $3,000.00 8. Ascendigo Adventure Winter Program $s,000.00 $500.00 -0- 9. Aspen Youth Center $1o,ooo.oo $7,500.00 $ 7,000.00 $6,000.00 $7,000.00 -0- 10. Buddy Program $s,000.00 $3,s00.00 $2,500.00 $2,s00.00 $2,500.00 -0- 11. Catholic Charities & Community Services $3,000.00 $2,s00.00 $2,500.00 -0--0--0- '12. Camp SMashBox $6,000.o0 $6,000.00 $6,000.00 $6,000.00 $5,000.00 $s,000.00 '13. Challenge Aspen $2,000.00 $2,000.00 -0-$1,500.00 $1,000.00 -0- 14. Community Health Services, lnc $20,000.00 $17,000.00 $16,000.00 $15,000.00 $16,000.00 $14,985.00 15. Little Red School House $10,000.00 $10,000.00 -0 16. Hospice of the Valley $15,000.00 $12,000.00 $1 1,000.00 $1 1,000.00 $10,000.00 '| 7. Pathfinders $2,s00.00 $2,500.00 $2,000.00 $3,000.00 -0-0 18. ProjectGraduation 2017 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $1,000.00 19. Raising A Reader $ 750.00 $7s0.00 $1,000.00 $1,000.00 $750.00 ac e age o GRANTS.AT.A.GLANCE HUMAN SERVICE ORANIZATIONS ONLY FOR: 2016-2017 BUDGET 2014 Council Approved $10,000.00 -0- $2,000.00 $2,000.00 $2,000.00 -0--0--0- 21. Roaring Fork Conservancy $1,000.00 $200.00 -0- -0--0--0- 22. Snowmass Chapel ThursdayNight Dinners $2,000.00 $2,000.00 23. Youth Zone $4,000.00 $2,000.00 $2,000.00 $2,000.00 $1 ,s00.00 201612017 BUDGET $1o0,ooo.oo $149,110.00 $100,000.00 $75,000.00 02-21-17 TC Packet Page 130 of 186 20. Response Helps $1,000.00 -0- Alpine Legal Services Anderson Ranch Arts Center Aspen Camp of the Deaf & Hard of Hearing Aspen Hope Center Aspen Sister Cities Aspen Tree-Community Farm Park $4,500.00 This is the only agency in the valley that provides legal services to low-income, crime victims, senior citizens and at risk youth. Served 1 15 Snowmass Village resident j! a016. 4,000.00 $10,000.00 lncrease accessibility of the TechShops program by adding 10 scholarships two per workshop to children in Snowmass Village for families are unable to afford the cost of tutition. $2,360.00 The Board likes the proposal to provide free hearing screenings, no-cost interpreter services and accessibility training for sign language classes to first responders and ski patrol in Snowmass Villaqe 6,190.00 $22,500.00 The Board recognizes the services provided are very important to the valley but still concerned with the total amount being requested! They serviced crisis support there are 7 volunteers from Snowmass Village and they received approximately a dozen calls from Snowmass Village a year. $2,500.00 The Board is asking Sister Cities to provide a better application next year, after reviewing the financials the amount requested does match the number of participants in the Program which is 20% of Snowmass students in the Aspen School District so this amount is the fair share for Snowmass Village 500.00 $9,500.00 The Board did not have much information on what this program actually is and it appears to be more tourists or guest related. The Board would like to provide $500.00 and have them reach out to the Little Red Schoolhouse for education to our preschoolers. $7,500.00 The Board feels this is a very productive and successful program for Snowmass Village resid ents, 1 7 8 S nowm g;n .QX i I C rpn pfftipinated i n n Val Ski Club CHARITABLE & SERVICE ORGANIZATIONS 2016 CGRB Requested 2016 CGRB Recommendation Board Rationale Ascendigo Adventure Winter Program Aspen Youth Center Buddy Program Catholic Charities & Community Services Camp SMashBox the 2015-16 season and over 1,200 participants will ski on Snowmass Mountain. Some families were actually turned away last year due to lack of funding. 500.00 $5,000.00 The Board feels this program is more geared to guests that locals and also overlaps with Challenge Aspen, The Board would like further clarification on how they benefit Snowmass Village residents. This program is specific to Autism. The program has operated in Snowmass Village for 9 years but not particularly for Snowmass residents. 7.500.00 $10,000.00 The recognizes this a very valuable program for students to attend after school when parents may still be at work. The only reason the full amount was not awarded was to spread the money to all agencies. 3,500.00 5,000.00 The Board recognized this is program reaches out to 'l 78 kids throughout the valley and they also have some very significant fund raising. 2.300.00 3,000.00 Last year was the first time this agency was awarded money. To honor Flick Griffin, the Board decided to continue supporting the Homeless shelter efforts at the St. Mary's church in Aspen. The grant money is to be used for this sole purpose. This agency provides food and shelter for our local homeless population. 6,000.00 This one of the most successful and affordable kid's camp in Snowmass Village. Over 350 kids attended camp last year and this money is used for scholarships for families in need for child care with a camp philosophy for local children in the summer. $2,000.00 This program only supports three individuals from Snowmass Village. The Board realizes they have a very healthy budget andstafi seterq$&qhfBnts to Challenge Aspen Community Health Services, lnc Little Red School House Project Graduation 20'17 support funding for those three who use this program. There are 21 volunteers working with Challenge Aspen from Snowmass Villa ge. This agency perfectly fits the Council's grant criteria with Preventive public health services for resident, workers and guests. Due to budget restraints and number of requests they felt this amount to be useful. $10,000.00 This agency is the only year round preschool and day care center in the Town of Snowmass Village This year the grant will be used for bring washer and dryer installation up to state code, shuttle service to activities in Snowmass and Aspen and continuing education costs for teachers. This program is the only one of it's kind in the Valley. lt not only supports the patient but also the families through a very rough time. Compassionate Care funds are used to care for patients that do not have the ability to pay for their health care services. This agency provided grief counseling services, volunteer services and support for care givers lor 5 cancer families in Snowmass Village. $2,000.00 The Board supports the safety of all students graduating and feels this programs keeps our seniors safe during time of wanting to feel free and independent. With 20% of the students coming from Snowmass Village the board supports the request. $ 750.00 This program supports children during their most critical development period. 46 children participated in this program last year. Raising A Fleader also engages parents in regular sessions that foster more frequent and elfective uses of book-sharing activities at home. D.-,r,a .i ?e err 1 eA Raising A Reader Hospice of the Valley Pathfinders 17,000.00 $20,000.00 12,000.00 $1s,000.00 $2,500.00 Response Helps Snowmass Chapel Thursday Night Dinners Youth Zone Budget 2016/201 7 $100,000.00 Requests total Recommended rant distribution and bud et $ 2,000.00 Responses mission is to serve victims and survivors of domestic violence and sexual assault. They would like to use this grant money for prevention initiatives to strengthen educational programs for 8rh - 1oth grade students. 200.00 $ 1,000.00 The Board felt that the educational portion of this request is beneficial for local students and based the amount given on the number of Snowmass Students in the Aspen School District. $ 2,000.00 This also the only free food outreach within the Town of Snowmass Village and provided 160 meals in 16 weeks last year to the Snowmass Community, this money is only to buy pasta and over 30 volunteers cooked, served and cleaned up. 2.000.00 $ 4,000.00 This agency served 22 clients from Snowmass Village, they provide direct services to youth involved in juvenile justice system, with referrals from parents and schools for counseling, parent programs, educational support, peer groups, restorative justice, restitution and mediation programs for troubled youth. $149,110 $100,000 02-21-17 TC Packet Page 134 of 186 Boaring Fork Conservancy Town of Snowmass Village Agenda ltem Summary DATE OF MEETING February 21 ,2017 Update on Planapalooza Events and Schedule. PRESENTED BY: Julie Ann Woods, FAICP/MLA, Community Development Director h,- BACKGROUND: PB {affit,t0trlss We are coming to the long-planned Comprehensive Plan Update BIG EVENT splash, the PLANAPALOOZA starting this week. This is a full weekend of opportunities for the community to share their ideas for the future of our community for consideration in the Comprehensive Plan Update. The entire consulting team will be in attendance beginning Thursday, Feb. 23 through Tuesday, Feb. 28th. Town Council Chambers and the Small Conference Room have been set aside as the "Planapalooza Studio" as the team begins putting visions to paper and sketching up concepts, plans, and ideas for the community to review and debate. Town Hall will be open to the public during the open studio, 9 AM to 9 PM Friday through Monday. The detailed schedule is attached, and can also be found on the www.plansnowmass.com website and the Town website. Posters of the Planapalooza Events and schedule have been displayed on shuttle buses, at bus stops, in employee complexes, and sent to management companies. Radio ads have been running since last week, social media is being used and display ads are running in the local papers. The Planapalooza Banner has been re-installed on the Woodbridge, and reminders will run on the variable message board along Brush Creek Road for the key events. E-mail blasts have also been sent out. This past week the Think Tank met and discussed a draft of "Guiding Principles" which reflect the feedback from the community to date. lnterestingly, these guidelines are very similar to the goals Town Council has been working on over the past couple of 02-21-17 TC Packet Page 135 of 186 AGENDA ITEM: months. Staff and the consultant team are further refining these Guiding Principles for further discussion during the Planapalooza. We encourage you to invite everyone to attend the key opening and closing events at the Recreation Center, and to the extent people have interest in specific topics, they should attend one of the specialty technical meetings scheduled on Friday and Saturday morning. The Planning Commission will be meeting with the Consulting team on Saturday morning at 10:30 am. Anyone can attend any meeting or just drop in during open studio. FINANCIAL IMPACT: Funds have been allocated in the 2017 Budget for completion of the Comprehensive Plan Update. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: '. f ake steps to start the required update of the Comprehensive Plan COUNCIL OPTIONS: 'l . Not Applicable STAFF RECOMMENDATION: Staff encourages Town Council and all community members to participate in as many of the Planapalooza Events as possible between Feb.23-281h. The most important events to attend would be the following: 1. Thursday, Feb. 23 5:30 PM Recreation Center: "Speed Planning" Opening Event 2. Tuesday, Feb. 28, 5:30 PM Recreation Center: "Getting to the Finish" Closing Presentation. 3. Sunday, Feb. 26, 4 PM Town Hall Council Chambers "Public Pin Up Apres Ski Thaw Out" ATTACHMENTS: Planapalooza Schedule 02-21-17 TC Packet Page 136 of 186 Planapalooza - Town of Snowmass Village, Colorado - February 23rd - 28rh,2017 snowmass, CO PlanaDalooza schedule TIME Thursday, February 23 DAYONE Friday, February 24 DAY TWO Saturday, February 25 DAY THREE Sunday, February 26 DAY FOUR Monday, February 27 OAY FIVf Tuesday, February 28 DAY sIX STUDIO & TECHNICAI. MEETINGS Snowmoss Town Holl OPENING/CLOSING PRESENTATIONS Recrcotion Center snowmoss fown Hall For charrette questions callr 802-735-1331 8:00 AM 9:00 AM IECHNlcAt MEETING #1 (9am) Public lnlrostrudure & Servic.s TECHNICAL MEffING #5 (gam) 10:00 AM TECHNICAL MEETING t2 (10:30am) Built Environment & Detiqn TECHNICAL MEETING #7 (10:3oaml Pldnning Commissiq11:00 AM 12:00 PM 1:00 PM 2:00 PM ffi TECHNICAT 4:00 PM TECHNICAT MEETING f4 (4pmI Itansportation, Mobilltv & Porkino 5:0o PM 6:00 PM 7:00 PM 8r0o PM 9:00 PM 10:oo PM Please also vlsit us at: www.olansnowmass.com Public Mtg. 02-21-17 TC Packet Page 137 of 186 Team Breakfast Team Breakfast OPEN SIUDIO OPEN5TUDIO OPEN STUDIO Team Lunch TtaM LUNCH/SESStON Project overview / Siie & tocal Area Tour OPENSTUOIO PUBLIc PIN-UP & RWIEW (4pm) "Apres Sld Thaw out" Town Holl OPENING PRESENTATION (S:30pm) HANDS-ON WORKSHOP "speed Plannins" Rectedtion Center Hotsino & Lodoina "GetinE to the Fihish" Recrcatin Center ream Djnner (out)Team Dinner (out)Ieam Danner (in)Team Dinner (in) Team 0inner {outlTeam Dinner (out) OP!N STUDIO OP€N SIUDIO OPTN S'UDIO OPEilSTUDIO Town of Snowmass Village Agenda ltem Summary DATE OF MEETING February 21,2017 AGENDA ITEM Background lnformation on the Original Economic Evaluation of Base Village PRESENTED BY: BACKGROUND The Town Council recently requested an opportunity to review the fundamentals of lhe original (2004ish) economic analysis associated with the (then) Base Village approval. While this enlire analysis was exceptionally thorough and complex in its work, it has often been condensed to one moniker phrase: the "Just Big Enough Approach". Former Council member Bob Purvis was one of the architecls of this policy/philosophy. The inlormation presented below is an atlempt to briefly summarize the policy concept utilizing "round numbers", and approximate dates. To be clear, this background is a simplification and condensed version ol a considerably complex community discussion that occurred and is not intended to determine if lhe goals were correct or il they were achieved. The full economic analysis undertaken on behalf of the Town by Economic Planning Systems in 2004 is atlached for review as is a briel response from the developer's consultant (BBC). Prior to the (2004 ish) Base Village review process, the then Council determined they needed to review lhe approaches olher communities had taken toward resorl development so that an informed decision could be made on whal was (then) approaching as a significant proposal for development at the base of the ski hill. Several communities were loured, but the intormalion garnered from the Tremblant Ski Resort, near Monlreal, proved to be very noleworthy. ln essence, Tremblant had gone through a significant development process adding approximately 90,0OO square leet of commercial space at their area. Even after that considerable amount of development, Tremblant determined that they did not create enough commercial space to generate the necessary critical mass needed for a vibrant and economically successful development. wilh that conclusion made, Tremblant increased their developmenl by another (approximately) 33o/o to 120,000 square leet overall. At that poinl, inlormation was gathered showing that the additional square footage helped achieve the goal ol an Page 138 of 186 Clint Kinney, Town Manager Bob Purvis, Community Member, Former Council Member 02-21-17 TC Packet economically successful developmenl. A primary warning garnered from Tremblant was that building too little commercial space was a mistake; lhat a critical mass of lood/beverage, retail, and entertainment facilities were necessary. Wilh this example in mind, lhe Town worked to develop a policy framework thal would balance the concems o, commun'ty members that wanted growlh and developmenl vs community members that were very concerned about the consequences that growth and development would bring. The Town Council at the time worked to create a framework that would provide just enough commercial space in the resort core (West Village trom the Timberline to Stone Bridge and the Base Village) so that the resort core could be competitive with other resorts; bul no biggerthan it absolutely needed to be. This policy oblective ol allowing commercial growth, but nol too much, started to be referred lo as'lust big enough". The intended result ol this concept was to balance economic necessity and communily desire. While "just big enough" was, by most accounts, a catch phrase, il did have a tremendous level of economic analysis behind it. The goal was to allow tor the creation of the right amount ol properly tenanted and programmed food/beverage, retail, and entertainment so thal lhe resort core would be successful. Through considerable analysis, il was determined that lor retail lo be successful, it needed to generate (on average) $400/sq foot. From that key indicator, an analysis utilizing average daily spend, leakage, occupancy rales, total available rooms and olher data then led the discussion toward how much "groMh/new space" would be necessary to generate that amounl. Through lhis examination, an amount of new residential space and commercial space was calculated. This commercial space evaluation included existing space in the Wesl Village. Underslanding the West Village had about 65,000 square Ieet of primary space available, that meanl about 65,000 square feet of properly tenanted and programmed food/beverage, retail, and entertainmenl was needed to be constructed in Base Village. Between the Mall and Base Village approximately 130,000 square feel of primary space was set as the goal numberthal was determined to be necessary lo attract and keep business viable and to keep the resort competitive in a malure and capilal intensive marketplace. It is important to understand that this analysis only involved the resort core, which was the West Village (lrom Timberline lo Stone Bridge, including the Malt) and the (then proposed) Base Village. At the time, it was understood and assumed that the Cenler had bolh residential and commercial development potential. That understanding became a place holder in the assumptions of the aforementioned economic analysis. To be clear, the center was nol parl of the Base Village modeling analysis because it was not part of the resort core. The 2004 analysis was solely to determine what was needed to make the resort core (the Mall and Base village) a successful developmenl. Page 139 of 18602-21-17 TC Packet FINANCIAL IMPACT: There is no direcl fiscal impact with this presentation. lt is provided as background only. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES The Town Council asked for this background so lhat it could be well informed as it continues through lhe Comprehensive Plan Update process. COUNCIL OPTIONS: 1 . N/A No decisions are needed. STAFF RECOMMENDATION: Statf and Bob Purvis will be prepared to answer any questions Town Council may have. ATTACHMENTS: 02-21-17 TC Packet A. A note from Bob Purvis to the Council dated July 14, 2003 B. The final Base Village Economic Analysis dated April 2004 C. A letter of response from the developer's economic consultanl dated April, 30, 2004 Page 140 of 186 THOUGHTS, GUIDANCE AND WAY FORWARD BASE VILLAGE PROPOSAT JULY 14,2@3 THOUGHTS Some will ask, "lsn't there an alternative to substantial new development at Base Village?". The answer to this question is yes. However, it may only be yes if we are willing to change our Village Aspiration from " ... successful resort community ... " to something more like, " ... A pleasant neighborhood adjacent to a world famous resort called Aspen ... where our commercial core consists of a down-sized group of merchants offering mostly satellite, day-skier services and a relatively unimproved mountain infrastructure." A critical mass of properly tenanted, well-managed and vibrant resort core is widely seen as a necessary component for a self-sufficient, successful mountain resort. Such a self-sufficient, successful mountain resort will have earned the economic vitality necessary to provide the jobs and public amenities which the citizens of a community desire for themselves, their families and their friends. Agreeing the preferred balance between economic vitality and quality of life is a necessarily tedious matter. However, our Village will be successful only if it can agree what it takes to achieve this balance and then goes about doing just that. ln reality, it is always about both one's quality of life and doing what it takes to earn it. Sustaitting the quality of life that we have come to prize is not likely possible without trade-offs as necessary to assure economic vitality. Why do we need economic vitality, some will say? To create jobs is often the first rationale offered. This is a fundamental truth, but there is more. To the extent that we need or desire such amenities as parks, pools, trails, free local transit and affordable 02-21-17 TC Packet Page 141 of 186 CITIZENS FOR SNOWMAs5 empioyee housing, we must create anci sustain a community that comperes arrd wins versus other such resort communities in other mountain valieys. iriotabiy, Beaver Creek recently surpassed Snowmass in annual skier days for the first time in our history. lt is a competitive world. b.t Ease Vriiage development rs necessary ln order tor Snowmass Village to be such a successful resort community. This development will be substantial. However, while big enough to assure the necessary critical mass it should be "Just Big Enough". lt should not be as big as it could be in physical or financialterms." ln addition, it must be balanced within itself as concerns the additions to lodging and commercial capacities as well as be integrated within the Village as a whole. Wav Forward It is now up to the Town Council to assume the mantle of leadership. 02-21-17 TC Packet Page 142 of 186 Guidance A., it rs rn tne Dest rnterests ot tne communlty as wnole tnat we be "... a successful resort community ... "which has the economic vitaltty necessary to acnteve the qualtty ot lrte we desire as individuals and as a community. C.) While these guidances may make the process more complex, the Town Council should reflect upon the in-depth homework completed within the past two years as a basis for that data-based, objective analysis which must precede the more emotional, subjective matter of "how we feel about all ; this". Eco FINAT REPORT Basr Vn lacE REVISED FISCAL IMpACT ANet vsrs Prepared for: Town of Snowmass Prepared by: Economic & Planning Systems, Inc. April2004 Errs #14828 Planning S;istems Ral Ealole Ecwmke Bttb&l E orcntk, Public Fiwtcc Iand Ar. Pdiq I ! ( I D€I{YER ?30 l7'r Strcet, Srirc 610 Dcnvcr, CO 80202-rSl I ww.cp9ys.com Pbouc: 303-623-355?Frx: 103-62r-9019 EERXELEY Pho.c: 510-t{l-9190Frx: 510-t4l-920t SACRAHENIO Phonc:916-649-E010Fnr: 916-649-2070 02-21-17 TC Packet w Page 143 of 1 86 TABLE OF CONTENTS I. PAGE IL DEVELOPMENTkOGRAM......................8 DGENDITI,,RES...... Town of Snowmass Village......,.,....,.. III. Other Districts...... w V. NET FISCAL IMPACTS Town of Snowmass Village.....-.......-.. Snowmass-Wildcat Fire Protection District Snowmass Water and Sanitation Diskict.... 12 72 18 29 29 30 30 32 02-21-17 fC Packet Page 144 of 186 LIST OF TABLES PAGE Table3 PopulationFactors 9 Table4 Peak Population by Category Table 5 Project Market and Assessed Values Table 5 Expenditure Estimating Methodology. TOSV ... 10 ..............12 11 27 22 23 24 25 26 n ?3 8 29 30 31 33 u 35 Table 7 Estimated Expenditures. TOSV...........13 Table 8 Existing Public Safety Expenditures ....................... 14 Table 9 Future Public Safety Expenditues.... ..,....,......,....... 15 Table 10 Existing Shuttle Service l-evels 16 Table 11 Fuhrre Bus Program Expenditures Table 12 Existing Fire Dstsict Service levels... ..................... 18 Table 13 Future Fire District Service Ifvels ..79 Table 14 Revenue Estimating Methodology, TOSV Table 15 Estimated Revmues, TOSV Table 16 Estimated Expmditure Days............. Table 17 Sales Tax Revenues TablelS Cumulative Sales Tax Table 19 Licenses/Permit and Planning Fees... Table 20 Transferred RETT Revenues............'. Table 21 Snolvmass-Wildcat Fire Protection DsEict Revenues Table 22 Snowmass Water and Sanitation Dbtrict Revenues'...'.'.... Table 23 Net Fiscal ImPact, TOSV .................... Table 24 Net Fiscal Impact, Fire Dstrict.......... Table 25 Net Fiscal Impact, Water and Sanitation Dstrict.... ........ Appendix Table 1 Cumulative Developmmt Program, Phases I-V......."...'...'.....' Appendix Table 2 Building Departrnent Fee, Phases [V-V .....'.....-......'........... ...... Appendix Table 3 Real Estate Transfer Tax, Phases IV-V Appendix Table 4 Water and Sewer System DeveloPment Fees, Phases [V-V .... 36 02-21-17 TC Packet Page 145 of 186 Bax Village Reoiscd Fixal [mpoct Analysis Draf Report Apfl 2004 This report presents an analysis of the potenhal fiscal impacts of the revised Base Village proposal on the Town of Snowmass Village (Town) and other local iurisdictions, specifically the Snowmass-Wildcat Ffue Protection Diskict and Snowmass Water and Saniration District. Annual operating and capilal expenditures and revenues are estimated for each of Base Village's proposed five phases of dwelopment. The previous Fiscal Impact Analysis also addressed potential o(f-site impacts on Pitkin Counfy and the Roaring Fork Transit Authority (RFIA). These impacts were reviewed with the afiected judsdictions at the time. The changes to the application are not expected to significantly chante these impacts and have not been recalculatcd for this revision. While quantitative in nahrre, the Fiscal Impact Analysis is intended primarily to inform the community and guide public poliry decisiors; it is not a precise accounting meastrre or prediction oI future evmts. The analysis allows a community to assess the likely impacts of the Base Village Project and identily areas oI concem that can be addressed either through changes in the development proposal or through imposition of specific mitigation measures. BASE VILLAGE PROIECT DESCRImTON Base Village is a proposed mixed-use village located at the base of the Snowmass Ski Area to be developed by Intrawest/Brush Creek Development Company, LLC, a partnership between Intrawest Corporation and Aspen Skiing Company (Applicant). The proposed project includes 140100 square feet of commercial space and 653 units of residmtial housing and lodging space with a total of 1,121 beds as shown in Table 1. 1 02-21-17 TC Packet I. INTRoDUCTIoNANDSUUUaRy The proposed project would inoease the Town's commercial inventory from a current estimate of 202,000 square feet to 315,400 square feet, an increase of 56 percenL The 653 housing/lodging units would increase the Town's housing/lodghg inventory from 33M to 3,9/7, ad itrlrl.ease of 20 percent. The Applicant estimates that 80 percent or 522 oI these lodging units will be in the rmtal pool as opposed to second home units occupied only a few weeks a year. The Base Village Project will qeate direct investments and also induce other economic activity that wiLl, in tum, generate a range of municipal revenues Ior the Town and other local jurisdictions. The proposed project has the Potmtial to tenerate signilicant increases in annual ongoing revenue& most notably from sales taxes and ProPerty taxes. It will also generate sizable one-time revenues from real estate transfer taxes $EIT) during initial development. Page 146 of 186 At the same time, the project will require expansion of municipal services, in particular those related to police and transit as well as expansion of emergency services- The project will also trigger the need for a range of oIf-site inlrastructure improvements, most notably including the reconstruction of the Wood Road and Brush Creek intersection. Table I Proposed Oevelopment Phases l-V Base Village Flscal lmpact Analysls Non-Residenlial Skier Food Community Total SFPhasesServices Retail & gEv. Facilities Bax Village Reoixtl Fiscal Impact Anolysis Draf Report Apfl20M tial Total Units Beds' By Phase Phase I Phase ll Phase lll Phase lv-v' Cumulative Phase I Phase l-ll Phase l-lll Phase l-V ,16,056 10,175 30,524 3,460 13,241 9,988000 000 46,056 10,1?5 30,524 49,516 23,415 40,512 49,516 23,415 40,512 49,516 23415 40,512 20,873 107,527 6,100 32,7890000 20,873 107,627 26,973 140,416 26,973 l40Jr5 26,973 110,116 146 2U 134 139 t45 268 380 607 514 851 653 1,121 268 339 2U 270 bedroan eq)als dla bcd 'E ployoc I.lB hsva ql. b€drcorn rPlraraa lv !d V a,. codtln€d. So!rc6: tnlrawGt Ecoiomb t Plfifrg SFlarrrt BACKGROUND A fiscal impact analysis is a requirement oI the Town's Development Code. The Base Village Fised hnpact Analysrs combines the economic activity generated by the project with detailed "time-series" estimates of public revenues and msts includint impaets on the operating and capital budgets of the alfected jurisdictions. The specific objectives for of the Fiscal Impact Analysis indude: Estimate ongoing and one-time revenues that will accrue to the Town's General fund as well as estimate the costs of providing General fund Town services as well as capital iterns paid by General fund sources. Estimate the costs and revenues to other Snowmass governmental iurisdictions, includint the Snowrnass-Wildcat Fire District and Snowmass Water and Sanitation Diskict. Market Ralg 8 8 6 8 8 16u 30 't 38 226 128 13'l 138 364 492 623 Page 147 of 186 2 Employee? 02-21-17 TC Packet Base Village Raixd Fixal Impact Analysis Draft Reporl Apfl 2404 There is a range of project specific costs that have not been induded in the analysis, most notably the costs of major off-site infrastructure costs, such as the Wood Road and Brush Cjeek intersection or other potential roadway improvements n€ressary. The fiscal analysis does, however, provide a methodology and approach for estimating project impacts that can serve as a basis for negotiating how these cost items will be financed. The fiscal conclusions, particularly regarding potential revenues, are highly dependent upon the assumptions in the proposed developmmt program. The proiect-related costs and revenues have been presented by phase in order to show the impacts of a smaller projett. The analysis is also s€nsitive to estimates oI lodging unit o(upancy by type of tenant and retail expenditure and capture levels. For example, if the proiect has an occupancy pattem more similar to the existing unit mix in Snowmass with a greater percentage of second homes, it will reduce expected retail sales and related sales tax revenues. 3 TOWN OF SNOWMASS VILLAGE ECONOMIC AND FISCAL MODEL EPS has developed a Fiscal Analysis Model for the Towru designed lor the evaluation of development proposals, as well as for overall fiscal planning. The fiscal model is a component to the Economic Base Model previously developed. The Economic Base Model has an extensive database of economic and demographic conditions, as well as a scenario manager to analyze the impacts of changes including visitation levels, lodging occupancy, and retail sales and leakage. This detailed economic database allows for more precise fiscal analysis than was previously possible. A major purpose of the Fiscal Analysis Model was to create a consistent methodology and assumptions to be applied to all future development applications- A second purpose was to create a usable tool to allow Town siaff to apply this methodology and evaluate the impacts of major development proposals itself rather than relying on an analysis provided by an appticant Town development regulations reguire applicanb to submit a fiscal impact analysis with their zoning application. The Applicant has agreed to allow the Town to conduct lhe Fiscal Impact Analysis of the project using the new model. The Town also agreed to review the 6scal analysis findhgs with the Applicant prior to completion of the report. The Applicant will submit a separate letter with its review of the Town's 6scal analysis, stating its agreement and/or disagreemmtwith the analysis or conclusions. This will fullill the Applicanfs requlements to submit a Fiscal Impact Analysis as part of the preliminary zoning application for the proposed proiect. E[5 conducted the fiscal impact analysis on behalf of the Town as its consultant- The Applicant provided data on the proposed developmmt program as well as inputs on expected development performance. The Applicant reviewed the methodology and 02-21-17 TC Packet Page 148 of 186 Basc Yillage Ratised Fiscal hnpact Analysis Draft Rcport Apd 2004 malor firal inputs prior to completion of the original analysis and report submitted in January of 2003. EPS has updated the economic model to reflect the APPlicant's current development program. In addition, several other elements of the arulysis were updated and relined as outlined below: . PropertlTax Analysis - adjusted to reflect the 2003 residential assessment ratio and mill levies and revised proposed market values for residential and non-residential property. . Sales Tax Analysis - refined assumptions for expenditures, caPture, and occuPancy rates based on the 2003 Corrmercial Core Analysis and subsequent Town Council and Financial Advisory Board recommendations. . Building Permit Fees - modified constmction cost estimates to rcflect Intemational Building Code Standards which is the methodolory now being used by staff. Water and Sewer Fees -modified non-residential and residential EQR classilications based on additional development derails provided by the Applicant and adjusted for increase 2frX system development fees. METHODOLOGY The fiscal effects of the Base Village Project are largely depmdent upon the veracity of key assumptions regarding pricin6, occuPancy, retail sales capture, and other economic assumptior.u. While there can be no Suarantee retarding these assumptions, a conservative and research-based approach has been taken in the construction of these assumptiors. Analysis has also been used to test lhe sensitivity of lhe liscal analysis conclusiors to variations in key market and economic assumptions. the Town of Snwmass Village Reaised 2@1 Bldgel was the basis for quanti{ying current revenues and costs by item using one of the following estimating methodologies; case study, per capita cost, or cost recovery as defined below. . Case Study - This refers to a specilic calculation of the marginal costs or revenues derived from the project based on available data. Case studies were developed for revenue sources when refined calculation methods were available (e.9., property taxes based on proposed market value multiptied by the assessment ratio and then multiplied by the applicable mill rates). . Per Capita Costs -This is an average cost measure based on current Per caPita estimates of costs or revenues, This estimating technique is used when more detailed data is not available. The current Town budget is divided by the population served to derive a cnrrent average Per caPita cost or revenue estimate. In most cases, 4 02-21-17 TC Packet Page 149 of 186 the population served is based on lhe peak population rather than the year round population. Cost Recovery - ltems were classified as cost recovery and excluded from the analysis if revenues covered expenses. FISCAL ANALYSIS FINDINGS TOWNOFSN VILLAGE L. The generntion oJ aililitional retail sales at Base Villoge and in existing Stototnass rctail space zuill rcEdre an effectfue ctpture of sales potmtial from teu Stoumass Village grrests. The proposed expansion of retail space at Base Village has the potential to create ihe amenities, attractions, and scale to improve the Town's histodcally weak caPture rate of visitor expenditures. Currendy, Town of Snowmass Village generates an averagc of $100 per day in retail, food, and beverage expenditures from ovemight visitors with a capture rate oI38 percent. The Base Village Project is expected to generate higher retail and food and beverage sales lhan are currently in place. It is also expected to result in some reductions in sales leakage by new and existing visitors due to the increased local shopping opportunities. Retail expenditues for Base Village visitors are conservatively estimated at $110 per day for retail, food, and beverage sales. The capture rates are assumed to be higher than current levels, and are estimated at 55 perc€nt. Based on these factors, Base ViIIage visitors and residenB are estimated to generate an additional $23.3 million in retail expenditures with $12.8 million captured in Snowmass Village (excluding taxable sales for lodging). 2. The Base Village Project is expecteil to haae a positioe impact upon theTown's operathry anil capital builgets iluing all phascs of ilzoelopment. The Base Village property will require a sitnificant exPansion of Town General fund operations over time. However, project revenues are exPcrted to exceed these costs in the initial phase of development and will increase over time as the project builds out. At the end of Phase I, the project will have a net fiscal imPact of $50,145 increasing to $564,708 at buildout at the end of Phase V. The project is also exPected to requirc $542,717 in one-time General Fund expenses for the acquisition capital assets including a public safety vehicle and four harsit shuttles. These capital costs are offset by $2.7 million in one'time revenues for a net fiscal balance of 92.1 million. These one time revenues will be largely gerrerated from the RETT revenues ftom the initial sale of residmtial and commercial property' 5 02-21-17 TC Packet Page 150 of 186 Bas Villa*e Rzoised Fixal hnpact Analysis DraltWrt April 2404 Base Village Reuised Fiscnl Impact Analysis Drnfl Reporl ApnI2004 The precise timing of these fiscal effects will depmd upon the actual develoPment schedule. It is anticipated that the project will be completed over a six-year time frame- Depending on market absorPtion, tiere may be some periods of time where prolect infraskucture investments need to be made in advance of anticipated revenues. 3. TheFiscal Impact Analysis to date does not incfuile najor off-site hfrastntctute bnprooanents which toill rcquhe ailditional fantlittg' Off-site infrastruchrre improvemenB, Particularly the Wood Road and Brush Creek Road intersectiory are maior cost items that are now being designed and costed. A portion, yet to be determined, of the imPacts of these improvements will be atkibutable to Base Village. lt is anticipated that the cost of these improvements will be shared by new development and the Town based on an assessment of relative impacts, A second phase benefit study may be needed to determine an equitable allocation of costs to pay for these imProvemmts. o D 7. The Base Village Prcject is shozun to haoe a small positiue irnPad uPort the Fire District's opoatbtg builget during all phases o/ deoelopmmt The proiect will create srbstantial capital needs that ate not cooereil bg etisting tsoenue sorfices. Aanual project revenues are expected to cover the oPelating costs of providing services to Base Villate with a net fiscal balance of $32725 in Phase I increasing to $741140 at buildout. The proiect is estimated to kitger the need for additional capital expenditures including a new ladder truck and ambulance. The total mst of a new Iadder truck is $800,000 and an ambulance is $91000. To serve Base Village, the Fire District will require 0.5 fire and 0.4 ambulance vehides for a one-time capital cost of $453196. The Applicant has agreed to purchase a new ladder truck on behalf of the Fire District. It is anticipated that other develoPment occurrhg in the Town will gmerate fundint necessary to Pay the remaining cosb to Purchase the requhed vehicles and equipment. The $4533!b in caPital cost items is not covered by existing revenues, and will need to be covered through other sources. WATER AND SANiTATI ON DISTRICT 7 SNOW The Base Vill*ge Ptoiect is shoun to haoe a mitor negatioe impact upot the Water anil Sanitation Distric't's operating builget anil a maior positioe impact on the capital builget iluing all phases of ileoelopment. Annual project operating expmditures are e,aPected to marginally-exceed revenues fro* propeity tares in each phase of developmmt' At the md-of?hase I, the Proiect will have a net negative Iiscal impact oI -$3,'140 growing to '$59,470 by Proiect completion. Thesl marginal impicts are more than olfset by the subsrantial $6'9 million in one-time systems development Iees generated by tap fees' 6 02-21-17 TC Packet Page 151 of 186 ( Base Village Ratised Fiscal Impnct Analysis Draft Report April2004 The major capital expense anticipated is a new water storage tank to serve Base Vitlage as well as other new development projects. I4/hile the tank has not been sized, and therefore an exact cost is not available, it is expected to be substantially Iess than the revenues from the project. These systems fees are not restricted to capital costs and can therefore be applied to the minor operating deficit shown. t 7 02-21-17 TC Packet Page 152 of 1 86 Bnse Villnge Rmised Fiscil brplct Analysis Draf Repofi Apfl 2004 T. DEVELOPMENTPROGRAM The Base Village Project will be built on approximately 15.4 acres located at the base of the Snowmass Ski Area at the intersection of Brush Creek Road, Wood Road, and Snowmelt Road. The proposed mixed-use development has been designed to conlain 140,400 square feet of non-residential space and 653 residential units as previously shown in Table 1 and in greater detail in Appendix Table 1. The commercial space includes 49,516 square feet devoted to skier services such as ticket sales or skier lockers and 26973 square feet of space dedicated to community facilities such as conlerence space and reservations offices/lobbies, The remaining 63,927 square leet of space is leaseable space for retail and restaurant/bar establishmens. The residential mix will include 623 market rate and 30 employee units. Included in the residential unit count for this project is the proposed development on the Farury llill site (10 market rate unib). The Applicant also plaru to sell the 20 single- family lots on the Sindair Meadow site that are not included in this analysis. Intrawest plans to conskuct the project in five sePaJate Phases. The fiscal impacts are shown on a cumulative development basis in order to estimate the fiscal conditions should the project be partially completed. Housing units are split into categories based on occupancy information provided by lntralvest. The analysis assumes that 80 percent o[ the market rate units or 498 units will be part of the rental pool and used as ovemitht lodging units. OI the remaining market rate units, 52 percent or 55 units are expected to be occupied by seasonal residents and tl8 percent or 60 units are expected to be occupied by year round residmts. (Note: Seasonal/year round split is based on existing conditions outlined in the Economic Model.) The 60 year round market rate unie are added to the 30 employee units to produce the 90 year round units as shown in Table 2. 8 Page 153 of 186 I 02-21-17 IC Packet Brce Villnge Rnised Fiscal Impact Analysis Draf Report April2004 Table 2 Residential Unlts by Usc Base Village Flscal lmpact Analysls Residential Units By Phase Ovemight Seasonal Year Round Total CumulaliYs Ovemight Seasonal Year Round Total Phase I Phase ll 110 181 14 24 2J 3A146 2U Phase lll Phase lV-V102 10513 14t8 271U 139 Phaso I Phase l.ll Phas€ l-lll Phase l-V110 291 394 49814 38 51 65 27 51 09 90146 380 514 053 sourcq lnlrawssli Ecooomlc & PlaMIng Syslems Table 3 Populatlon Factors Ease Village Fiscal lmpact Analysis Category HH Slzo Occupancy Overnight-Msitors Residents-Seasonal Resldents-Year Round 2.5 2.0 2.1 90% 60% 100yo Sourcs: U.S. C€nsus Sureau: Economic a Phmlng Systems 9 02-21-17 f C Packet Use The peak seasonal population was based on these unit coun6 average persons per unit, and peak seasonal occupancy. Peak ovemight population ryas estimated based on an average household size of 2.5 persons (figure reflects E[5 and Inkawest experimce in other resorts) and peak occupancy of 90 percent (based on peak occupancy in March). Seasonal population was estimated utilizing an average household size of 2.0 persons (based on the 2000 U5. Cmsus) and an avera6e occupancy of 60 percmt as shown in Table 3. The permanent year rormd population was calculated using an average household size of 2.1 persons (based on the 2000 U.S. Cersus) and peak occupancy of 100 percent. Page 154 of 186 Bax Villnge Ratised Fiscal Impact Analysis Draft Report 4pfl2004 As a result, Phase I of the project will produce an estimated daily average of 248 overnight visitors and 19 seasonal and 45 year round permanent residents. By buildout, the Base Village Project will produce a daily average of '1,,127 new overnight visitors, 78 seasonal visitor, ancl 189 year round residents for a total of 1388 persons as shorvn on Table 4. Table 4 Peak Base Populatlon by Category Village Fiscal lmpact Analysis Category Peak Poputation By Phase Overnight'Visitors Residents-Seasonal Resldents-Year Round Total Cumulative Ovemight-Msitors Residents-Seasonal Resldents-Year Round Total Phase ll Phase lll Phase lV-V407 230 23628 16 1602 38 43497 285 295 Phase I 248 '|.7 rt5 310 Phase I Phase l{l Phase l.tll248 655 88617 4s 6145 loz 145310 808 1,092 Phase l-V '|.,121 78 189 1,399 Source; Economic & Planning Slstems Market values for the project vary from $150 to $250 per square foot of non-residential space to an average of $823J00 for market rate residential units and an estimated $104,000 for employee housing. The analysis assumes that Intrawest will construct the employee housing and the units will be tax exempt. Based on the development program in Table 1 and the average dollar value by type of development, the project market value by phase is calculated in Table 5 below. The project values are shown in constant 2004 dollars. The Phase I development progxam will result in 921.3 million of non-residential development and $113.5 million of residential development for a total of $134.9 million. The total development program at completion of the 6ve phases is estimated to have a market value of $541.9 million in today's dollars as shown. 02-21-17 TC Packet Page 1 55 of 1 86 10 Bax Village Rmised Fiscttl Impact Analysis Draf Report April2@4 Table 5 Prorect Market and Assessed Values Base Village Flscal lmpact Analysis Type By Phase Value Market Assessedr Type Phase I Commercial Residenlial Subtotal Phase ll commercial Residential Subtotal Phase lll Commerclal Residenlial Subtotal Phase ry-v Commerclal Residential Subtotal 0 105.412.864 $105,4r2,864 0 107 883.rt78 s107,883,478 6,164,675 9.046-400 1r5,211,075 2,188,413 14.815.119 ii7,003,532 0 8.390.864 t8,390,864 0 a.587.525 $8,587,s25 Phase I Commercial Residenfial Subtotal Phase l-ll Commelcial Resldential Subtotal Phase l-lll Commercial Residential Subtotal Phase l-V Commercial Resldenlial Subtotal 21,257,500 6,164,675 113.648.244 9.0i16.400 $'t 34,905,2t4 $15,21't,O7 5 28,803,750 8,353,088 299.767.832 23.861.519 $328,57r,s82 132,21 4,607 28.803.750 8.353.088 405.180.696 32.252.383 !133,984,446 $40,605,471 28,803,750 8,353,088 513.064.174 tm-&3CaQ0 s541,867,924 949,192,996 Assumes assessmenl ralo ol29.00 percent on commerclal and 7.96 p€tcenl o.l resilcnlial. Note: Assumes Town wlll relaln o ,ner6l p of cmployoe uniis Solrcs: lntraw'st These market values are hnslated into assessed values for purposes of estimating property tax revenues. The 2004 assessmmt lates are 29.00 percent for commercial properLy and7,96 percent for residentiat property, The estimated assessed value oI Phase I is $15.2 million increasing to $49.2 million at project completion as shown. 02-21-17 TC Packet 11 Page 156 of 186 Cumulative Valuo Itla*et -Issessed- ?1,257,500 113.648 244 $'t34,905,7/t4 7,546,250 186.119.588 $193,665,838 Basc Village Roised Fiscal Impact Analysis Draft Report Apfl200a m. ExTSNpITURES This section of the report estimates operating and capital expenditure impacts expected from the proposed Base Village development. Impacts are estimated by major sewice area f.or the Town of Snowmass Village, Snowmass-Wildcat Fire Protection Dstrict, and Snowmass Water and Sanitation District. TOWN OF SNOWMASS ULLAGE The estimating methodology and applicable rates for the Town of Snowmass Villagds $OSV) General Fund are shown inTable 5 below. Table 6 Expenditure Estlmating Methodology, TOSV Base Village Flscal lmpact Analysls Sources Rev.200l Budget Estimating Gross Percent Net Methodology Multiplier Variable Muttiplier General Govemmentt Finance Communlty Development Adminlstration Zoning & Planning Natural Rssources Building Services Publlc Safeg Public Works Admlnistration Transportation Bus Program Other Programs Roadwap Solid Waste Shop Parks, Trails, & Recreation Total 1,458,233 Peak Per Capita 510,623 Peak Per Capita 200,385 Peak Per Capita U2,400 Cost Recovery 120,200 Cost Recovery 151,048 CostRecovery 964,319 Case Study $18.79 500/o $9.39 167,188 Peak Per Capita $15.67 50% $7.84 $136.71 $41.87 $41.67 $63.37 $40.85 $23.82 50o/o 50% $68.35 $23.94 $20.84 $63.37 $40.85 $23.82 1,374,779 M4F28 675,936 407,283 $5,n4 254.125 97,506,821 Case Study Peak Per Capita Peak Per Capita Cost Recovery Peak Per Capita Peak Per Capita 50% 1W% 100o/" 100o/o lncludss town council, maNrger. and clork erperditutes. Source: Torm of Snorvmass Village Rovised 2001 Budget Economlc & Planning Systems 02-21-17 TC Packet 72 Page 157 of 1 86 Bn* Village Reoised Fiscal Impact Anolysis Draft Report Apd 2004 Utilizhg the methods outlined in Table 6 General Fund expendihrres wete calculated by phase in Table 7, Phase I is expected to add $295,089 in additional expendihrres, an increase of 4 percent over 2001 levels. At completion of Phase V, General Fund expenditures are forecast to increase by $1.3 million or 18 percent over 2001 levels. Table 7 Estlmated Expenditures, TOSv Base Village Fiscal lmpact Analysis Sources Phase I Phase l-ll Phase l-lll Phase l-V General Govemment Finance Communlty Developmenl Admlnistration Public Safety Operating Cadtal Public Works Adrnhislration Transporlalion Bus Program Operatlr€ Capital Other Programs Roadways Shop Parks, Trails, & Recreation Total 74,669 26,146 0 10.261 0 70,181 I 1,188 0 8,561000 000 138,724 187,507 237,432 367,216 496.347 628.504 16,828 U.,762 28.91651,17t 69,222 87,939 32,993 44,428 56,6941s240 _025 33.061 J774,7U i1,017,496 11,327,900 2',t,206 7,424 0 2,914 0 19,932 3,178 0 2,431 0 0 52,593 139,219 6,465 19,659 12,674 7.391 $295,089 55,203 19,330 0 7,586 0 51,885 8,272 0 6,329 94,857 33,216 0 't3,035 0 89,157 14,213 0 10,876 Source: Econonic & Plannlng SFloms ADMINISTRATIVE DEPARTMENTS General govemmmt expenses include administraHve departments such as the Town Manager and Councif and Town Clerk. These deparbnents tenerally have a high setup cost with the abiUty to serve additional population at relatively low marginal inaeases in cost estimated at approximately half of current per eapita expenditures. The net multiplier is therefore 50 percent of the gross multiplier estimated on peak per capita population. Base Village is expected to require an estimated $94857 oI annual general govemment expenditures (net-per capita multiplier of $68.35) by buildout. Service costs for the Finance DeparEnent and the adminishative portion of Community Development and Public Work Departulmts ate also expected to increase at 50 percent of current per capita expenditures. Base Village will gmerate an estimated $3g,216 ot 02-21-17 f C Packet 13 Page 158 of 186 Bax Villoge Reoised Fixal lmpact Analysis Draft Report Ayil 2004 Finance expenditures (net-per capita multiplier of $23.94), $13,035 of Community Development - Adminishation expenditures (net-per capita multiplier of 99.39), and $1O875 oI Public Works - Administration expenditues (net?er capita multiplier oI $7.84). The analysis assumes the Zoning & Plarming Nahrral Resources, and Building Services Divisions expenditures are cost recovery items. Project related costs are expeted to equal and be covered by project fees, so they are not estimated. Category Level Operatlng officers' - 2001 Officers/1,000 persons served Oher Staff - 2001 '? Other Slatf/l,000 persons ssrved Slatf 9.5 0.9 4.0 0.4 Capltal Officer Vehicles - 2001 Vehicles/Slaff Member Full-lim€ equivabnt porsonnel includ.s anknal conttol, Gafic, erd Frbfrc tervlcas 2 Ercfudes court derk Fogram stai. source: Tolm of Sno\Nma3! \ralage - Police Dapattoenl 5.0 0.5 Applying these ratios to the Base Vi[age Project produces a need for an additional 1.2 officers and 0.5 other staff members. Based on an averate cost Per officer of $53,057 and $4Q2,t4 for support staff, a total of $89.157 is needed in additional operating exPenses ali shown on Table 9. L4 Page 159 of 186 OTHER DEPARTMENTS Public Safety Public Salety expenditures are estimated based on the ayerage per person cost figures existing persons served ratio as shown on Table 8. Based on 2001 staffing levels, there are 0.9 officers for every 1,000 persons served and 0.4 other staff members for every 1,000 persors sewed. In addition to these seryice level ratios, a capital needs ratio of a 0.5 vehicle per officer is calculated. (Note: This ratio assumes that the deparknmt will maintain its policy of utilizing officer vehicles not on patrol for other uses such as animal conkol.) Table 8 Exlsting Public Safety Expendltures Bass vlllags Flscal lmpact Analysis 02-21-fi f C Packet Bax Village Roised Fiscal Impact Analysis Draff Report April2004 An annual operating reserve of $2,626 is also necessary to cover the future cost of replacing the nelv officer vehicle higgered by the project. Based on an assumed lifecycle of four years and a salvage value of three percent the total annual operating impacts are $89,157 by buildout. Based on a projected need of 1.2 officers to serve the project, additional 0.6 police cars are required. This will generate a one-time capital cost of $14,213 for the project as shown. Town staff estimates that a portion of the new officer's time may need to be dedicated to traffic conhol issues at peak travel periods. Table 9 Future Public Safety Expenditures Base Village Fiscal lmpact Analysis Category Expense Operating Offlcers' New Poprulation Officers/1,000 persons served New Staff Needed Average Cost per Officer 2 Officer Cost Other Staff New Populadon Otrer Staff/l,(X)0 persons served New Staff Needed Average Cost per Staff Member'? Other Staff Cost Reserve - Llfe Cycle Subtotal, Operating Capltal Officer Vehlcles Vehicles/Officers3 New Vehicles Needed Average Cost per Vehicle Subtotal, Capital 1,388 0.9 1.2 53,067 $65,588 1,389 0.4 0.5 40,2U $20,943 $2,626 $89,157 1.2 0.5 0.6 23,000 $14,213 Total Expenditures $103,370 Full-time equivalenl persornel lncludes animal conlrol, Uaffiq and public seruices. 2 lndudes benefils ln tho average ost (o<cfudes orer{ime). I Asswnes I dedcated vehlde lor othar stafi members and lhat offcer vehiies not in use are availabls lo oher staff members. Source: Town of Snotltmss Mllags - Polics Deparlment 02-21-17 TC Packet 15 Page 1 60 of 1 86 Basc Village Rmixd Fiscal Inpacl Analysis Dralt Report Apfl 2004 Public Works - Bus Program The Public Works Department Transportation Division - Bus Program exPenditures are estimated based on existing persons served ratios. The existing shuttle service served 552B06 passengers in 2001. Applying the existing peak visitor population (excluding seasonal and year round residents) produces a service level ratio of 11.7 visitors for every 1,000 passengers. In 2001, there were 24.5 full-time equivalent shuttle &ivers, equating to 0.038 drivers for every 1,000 Passengers. In addition, the division had 27 shuttlet producing a ratio oI0.041 shuttles per 1,000 passengers. Category 652,806 7,612 11.7 24.5 0.038 27.0 0.041 Fdl.time 6qulval6nt of yoar toond ttivers. Source: Tot n ol Snotrnass Villag! - Pubfo Wo,is tlopL, Taansportatofl DiY Applying these ratios to the Base Village Proiect Produces a need for an additional 3.5 drivers for a total of $161,057 of additional oPerating costs as shown on Table 11. An arurual operating reserve of $76375 is also necessary to cover the future cost of replacing the new shuttles triggered by the pro;'ect (assuming a lilecycle of eight years and a salvage value of three percent), resulting in a total annual operating cost of $237,432. The Division will require 4.0 new shuttle vehicles at a cost of $6285M. The Applicant believes the Base Village Project will have substantially less impact on the transit system than a typical proiect because of its central location and the assumption that residents will not utilize the transit system to travel within the Town or to transit stations conne€ting to the RFrA system. The Transportation Division's position is that while resident ridership might be less than a typical project, there are other factors related to Base Village whidr would increase the demand for shuttle services including the following: 02-21-17 TC Packet Table ,0 Existing Shuttle Service Levels Base Villago Flscal lmpacl Analysis Level Operatlng Shutlle Passenoers Peak Visitors Visitors/l ,000 Shutue Passengers Drivers' Drivers/,l,@0 Shuttle Passeng€rs Capilal Shuttle Vehicles Vehicles/l,000 Shuttle Passengers 16 Page 161 of 186 Basc Village Ratixd Fiscol lmpact Annlysis Draf Report April2004 Due to the site design and roadway configuration of Base Villate, a RFTA tmnsit stop at Wood Road and Lower Snowmelt Road will be eliminated. This elimination will require the Town trarEit system lo provide new service to this area. The Base Village Project is designed to create a new node for skiers with an additional acress point to the slopes and skier services. The project is also designed to create a retail/dining/entertainment node with expanded retail opporhrnities, additional fine dinin& and entertainment facilities such a lamily swim facility. Both these nodes will generate additional demands on the transit system 1o move PeoPle to and from the Base Village site. Table 11 Future Bus Program Expendltures Base Village Flscal lmpact Analysis Category Expense Operating Peak Msilors Msilors/1,000 Shutd€ Passengers Ngw Shuttle Passenger New StaffNeeded Avgrage cost per Ddver 1 Driver Cost Rese e - Lif€ CYde Subtolal Capital Nerr'/ Shuttle Passen ger Vehicles/l,000 Shuue Passengers New VeNdes Needed Average Cosl Per Shutlle shutlle Vehlcles Cosl Subtotal 't,12'l 11.7 96,1n 3.6 44,620 $161,057 s76JZ5 1237,432 96,177 0.041 4.0 158,000 3628,504 $628,504 Tolal Expenditures Includes bcncliE ln lha aiecAo cost (erdudos overume). Other programs within the Trarsportation Division include the Parcel C site and parking facilities. Expenditures for parking programs are exPected to increase at 50 percent of current per capita expenditures. Base Village will generate an estimated $28,916 of new expenditure (net?er capita multiplier of 920.84) at project buildout. 02-21-17 f C Packet 77 Page 162 of 186 s865,936 Sourc6: Toqm of Snovmass Vill6ge - Public Worts DepL. Tr4Bpottato.t Oiv, Bax Village Raised Fiscol lmpact Analysis Draft Rcport April2004 The analysis calculated impacts to the Roadway, Shop, and Parks, Trails, and Recreation Department by using a 100 percent of a per capita multiplier. This resulted in expenditures ot587,939 for the Roadway Department, $56,694 for the Shop, and $33,061 for the Parks, Trails, and Recreation Division. The analysis assumed that Solid Waste expenditures would be cost recovered. OTHER DISTRICTS SNOWMASS-WILDCAT FIRE PRO'TECTION DISTRICT The Snowmass-Wildcat Fire Protection Diskicfs (Fire Disfrict) expenditures were estimated based on the average per person cost figures and existing persons served ratios as shown on Table 12. Based on 2(E1 staffing levels, there were 1.4 emergency staff members (staff is cross trained for fire and ambulatoqy service) for every 1,000 persons served. In addition to these service level ratios, a capital needs ratio of 0.37 fire and 0.28 ambulance vehicles were needed for every 1,0@ persons served. Table 12 Existing Fire Dlstrlct Servlce Levels Base Village Flscal lmpact Analysis Gategory Amount Operating Emergency Slaff - zA01' Staff/1,000 population Capltal Fire Vehicles (Englnelladder) Vehicles/1,000 Population Ambulance Vehlcles Vehiclesll,000 Population 15 1.4 4.0 0.37 3.0 0.28 lnclrrdes benefits h he average cosl (excfudas overtime). Sourca: Snowmass-WiHcat Fre Protection Dis&ict Applying these ratios to the Base Village Project produces a need for an additional 2.0 u*urg"".y staff members for a total of $95,885 of additional operating costs as shown on Tabl;f. -(Notg: Salaries include benefiB but exclude overtime compensation.) An annual operating reserve of $32,050 is also necessaq/ to cover the future cost of replacing the new u*"rg"n y vehicles triggered by the project (assuming a life cycle of 15 years on the fire vehicle and seven years on the ambulance and a salvage value of three percent on both vehicles). The total annual operating costs at buildout equal $128,9M as shown. 02-21-17 TC Packet 18 Page 1 63 of 1 86 Bax Village Rnised Fiscal Impact Anatysis DraJt P,eport April 2004 Capital costs for the fire department were calculated separately. Because of its building height, this project is €xpected to higger the need for a new ladder ruck. The additional visitor volume will also trigger the need for an additional ambulanct. The total cost is $800,000 for a new ladder truck $91000 for an ambulance. To serve Base Village the Ftue District $,ill require 0.5 fire and 0.4 ambulance vehicles for a caPita.l cost of fi53,395. The Applicant has agreed to puchase a new ladder truck on behall of the Fir€ District. It is anticipated that other development occurring in the Town will cover the remainhg costs to purchase the vehicles. Table 13 Future Fire Dislrict Service Levels Base Village Fiscal lmpact Analysis Expenditures Amount Operatlng Nev/ Populalion Slaff/1,000 population New Staff Needed Averags Cost per Staff Member r Emergency Staff Cosl Reserva - Fire Vehicle Lifecycle'1 Reserve - Ambulance Vehicle Ufecycle? Subtotal Capltal Fire Vehlcle New Populalion Vechiles/I,000 popdaton New Vehicles Average Cosl per Vechile Now Vehlcls Cost 1,388 1.4 2.0 48,993 96,885 21i,922 5,138 1128,9U 1,388 0.4 0.5 800,000 $416,317 Total Cost ss82,340 lndudgs benlfds in lho avereg. cost (6rdudos ove.tirte). 2 Annual rgssvo necessa.y lo rePlaco v6H6ls3 trlgg€red by nGw dcYlbp'IE . Sourca: Sno{vm8!-WiHcot Firo Ptotedioo Dthicl 02-21-17 TC Packet Page 164 of 186 Ambulance Vehlcle New Populat'ron Stafi/l,000 populatrbn New Vehicles AYerage Cost per Vehicle New Vehlcls Cost Subtotal 1,388 0.3 0.4 95,000 937,078 t453,396 19 Bax Village Reoixrl Fiscal lmpact Analysis Draft Report Apd 2004 SNOWMASS WATER AND SANITATION DISTRICT Based on data provided in interviews with the Snowmass Water and Sanitation District stalf, the analysis assumed that approximately 40 percent of &e expenditures were cost recovered by the various district user fees. The remaining budget is expected to increase at current per capita expenditure levels. Base Village will Senerate an estimated $774532 of new expenditures (net-per capita multiplier of $125.7) at project buildout. The analysis could not accurately estimate the capital expendihnes related to the Base Village Proiect. The stalf estimates that all the major systems (i.e., water supply and treatrnent etc,) could accomrnodate the projec! however, an additional water storage tank will likely be needed to ensure sufficient water flow for fue protection. The size of the ank witl depend on the actual amount and 9?e of develoPment constructed. The Water and Sanitation District staff estimate construction cosl to be $1.15 per gallon for a new storage tank (i.e., 1.0 million gallon tank would cost $1.15 million). 02-21-17 TC Packet 70 Page 165 of 186 Bax Villrye Reoiszd Fiscal Inpact Analysis Drufi Report Apd 2004 IV. RSVUNUES This section of the report estimates revenue imPacts exPected from the proposed Base Village Project. Impacts are estimated by maior revenue source for the Town of Snowmass Village Snorvmass-Wildcat Fire Protection Dishict, and Snowmass Water and Sanitation Dishict- TOWN OF SNOWMASS VILLAGE The estimating methodology and applicable rates lor the Town of Snowmass Village ([OSV) General Fund are shown in Table 1il below. Table 14 Revenue Estlmatlng Methodology, TOSV Base Village Fiscal lmPact Analysls Sources Rev. 2001 Budgel Estimatlng Gross Percent Net Methodologt' Multipller Vadable Mul pllor Property Tax Specific OwnershiP Tax county Sales Tax Tovvn Sales Tax Franch lse/OcoJ Pallon Tax Exclse Taxr Olhar Taxesr lntergpvemmental LlcEnses/Permits Charges for Sewices Plannlng F6es Transpo{tatlory'Pa*ing Fee Olher Servlces Fines & Forfelts Contibutions Asp€n Ski Company Olher Conlributionst Transters from RETT Funds Other Revenues tr2 Total Cct Recovery Cost Rgcovery Peak Urtts Peak Per Capila Cass Study tvA Case Study l,l/A $s4.,14 1 o0% $78.58 t00% s78.58 $45.01 't 00% 239,645 166,330 2,117,554 1,076,822 262,788 500,000 3.400 480,087 324,741 s54.44 $45.01 197,000 244,291 413,541 57,088 737,106 75,100 1,O78,757 365.629 t8,339,879 $123.67 $5.3s 100% 100"t $123.67 $5.3s Not forecarled. 'hchrdes mlscda)Gors l.vrn 6!, olher finardne aa rEsr, sod 6sl6 ol 6sels. Soirca: Tolm o, Slloltll''s Vlhgc R.vlled 2ml Bu&Gt Eco.rohlc E Pl.rrnng SFtems 02-21-17 TC Packet 27 Page 166 of 186 Csse StudY Resldent Per Capita Case Sludy Case Study Peak Units tvA wA Peak Per Capita Cosl Recovery Basia Villagc Reoised Fiscal Inpact Analysis DraJt Report Apfl2@4 Utilizing the methods oudined in Table 14, General Fund revenues were calculated by phase in Table 15. Phase I is expected to add $202,&38 in additional revenues or an increase of two percent over 2001 levels. At completion of Phase V, General Fund expenditures are forecast to increase by $1.2 million. Table 15 Estimated Rsvenues, TOSV Base Village Flscal lmpact Analysis Sources Phas€ I Phase l-ll Phase l-lll Phase i-V Property Taxt Specifc Ownershlp Tax Towry'County Sales Tax Franchise/Ocdrpaflon Tax lntergovemmental Charges for Services Olher Servicas Fines & Forfeits Conlributions Aspen Ski Company RETT Transfer r Totalt 10,435 3,367 113,435 11,473 't3,963 0 18,055 r,660 0 30,450 0 3202,638 22,099 8,297 326,426 25,862 36,348 0 46,993 4,322 0 60,900 56 824 $592,073 27,855 11,258 485,316 40,393 49,166 0 63,565 5,846 0 91,350 'r49 88,t 3924,632 33,746 14,500 675,298 51,316 62,4s9 0 80,7U 7,127 0 121,800 )o2 590 $1,29,891 lncludes General Fund rnilllevy only ' lncfudos lh6 portioal or aosalo RETT (rrwnue3 at buildoul) dirocted b tE Geoera, Fund. Sorrca: Ecooomlc E Plamhg SFlems TAXES The analysis calculated property taxes based on the assessed values shown in Table 5. By buildout, the project's estimated assessed value is expected to be $49.2 million, resulting in $33,746 of arurual property tax revenues (based on a General Fund mill levy of 6.86). The Base Village Project will generate $14J00 of Specific Ownership revenues (net?er year round resident multiplier of $54.t14) by buildout. Based on a peak multiplier of $78.58 per unit, the project is estimated to generate $51816 in Frandrise/Occupation tax revenues. Excise and Other Taxes were considered nominal in impact and were therefore not calculated. Sales Annual retail sales are estimated as the basis for calculating sale tax revenues. The number of expenditure days is first calculated based on housing unit occupanry by type as shown in Table 16. The analysis assumes averate arurual overnight lodging unit occupancv of 43 oercent comDared to 35 Derctnt todav. - 02-21-17 f C Packet )') Page 167 of 186 Bnse Village Rauised Fiscal lmpact Annlysis Draft Report April2004 Table 16 Estimated Expendilure Days Base Vlllage Fiscal lmpact Analysls Type No. of Persons Annual Occp. Units /Unit Capacity Rate Days Overnight-Visits Residents-Seasonal Residents-Permanent 498 65 90 2.5 2.4 2.1 4U,790 437o 195,560 47,298 23% 10,879 68,838 100% 68,838 Source: Economlc & Planning Systems Daily expenditure rates for retail, food and beverage, and lodging are then applied to expendih.ue days to estimate annual retail expenditures by type of resident. Base Village guests and residents are estimated to produce $35.9 million of new retail expenditures as shown on Table 17. Capture rates are then applied to estimate taxable sales by categoqy. The analysis assumes 1 percent real growth in ercpmditures (from $1ffi to $110 per day) and an increase in the retail capture rate (from 38 to 55 percent) over the development period to account for additional retail synergy created by the Base Village Project. (Note: Assumptions based on 2003 Sensitivity Analysis and Town Council and Financial Advisory Board recommendations.) 02-21-17 TC Packet 23 Page 1 68 of 1 86 Table l7 Sales Tax Revenues Base Village Flscal lmpact Anatysis Factors Expenditures OvernighfMsitors Residents-Seasonal Residenls-Permanent Per oay Annual Expendllur8s Overnight-Visits Resld6nts-Seasonal Residents-Permanent Subtotal Caplure Ovemighlvisits Residents-Seasonal Residents-Permanenl Captured Sates Ovsmlghlvislts Residents€easonal Resid€nts-Permanent Base Yillage Reaised Fiscal Inpact Anolysis Dnf Wrt Apnl2004 Retail/ F&B Lodging Total nditure Rale Day oay Pe, Por $110.46 $5r.50 s16.14 $64.36 $0.00 $0.00 $174.82 s51.50 s16.14 AnnualSales 21.60'1,957 12,58,6,740560289 o 1 111215 0 $23.273,461 lt 2,586,740 34,188,698 560,289 1Jll.2r5 $35,860,20'l 55% 55v" 55/ re Rates 100% 0% o% N/A N/A N/A 24,1$7,817 308,159 611 t5g $25,387,144 c red Sales 1 I,881.076 12.586.740 308,159 0611.168 0 $12,800,404 112,586,7,!0 Salss Tax Town'Rate-GF Allocaton ot County Rats Snbtolal '1.6% 1.66% 128,004 212.447 $3/O,49'l Sales Tax ?08.940 $334,807 253,871 427427 $675,298 Town's Rate - Markeling z.il%s320,010 $314,669 363,r,679 Sourccs: Town of Snowmess Vlage: Pilkln County - Finmcr O.padrncr ; Econornb e Pbmhg Sysloms Applying the Towrfs 1.00 percent sales tax rate produces an estimated $253,871 in amual tax revenues by project buildout Applying the Town's allocation of County sales tax (1.55 of lhe County's tohl of 3.5 percent), produces an additional $421,427 in additional tax revenues as shown. 02-21-17 TC Packet 24 Page 169 of 186 Base Village Reoiscd Fiscol Impacl Analysis Draft Reporl Apnt 2004 Source GeneralFund TOSV Tax Share of County Tax Total 1.00% r.66% 182,4fi 302_867 t,185,315 253,871 421.427 $675,298 2.50% $106,611 $306,791 $,155,124 $634,579 soo.ca: Econo.nio E Phnhioo Syslems OTHER REVENUESOURCES Based on a peak per capita multiplier of $45.01, lntertovemmental Revenues are expected to generate $52459 of new General Fund reveaues as previously shown on Table 15. Charges for Licenses/Permits and Charges for Services Plaruring Fees and Transportation and Parking Fees were assumed to be cost recovered. Other Charges for Services, irrluding park and housing administration fees, were estimated based on a $123.57 peak unit multiplier, resulting in $80,754 of new annual revenues. Based on a peak per capita multipUer of $5.35, Fines and Forfeits are expected to generate g7 JT| in General Fund revenues. The analysis estimated the Aspm Ski Company Conkibution based on the estimate of 116000 net-new ski€r vi.sits generated during the buildout of the Base Village proiect. As a result, an estimated $121,800 of new Aspen Ski Company Conbibution revenues will be generated- Other Conhibutions and Other Revenues were not forecast. Based on discussions with Town staff, licenses/permis and planning fees were assumed to be cost recovery items. The Town's position is that this project is generated exh-aordinary review costs, not only in the Cornmunity Development Department, but also in virtually every Town deparhnent. The Town therefore believes one-time Iicenses/permits and planning fees should not be calculated as additional reyenues included into the net fiscal impact. 02-21-17 f C Packet 25 Page 170 of 186 In addition, the Town recently approved a new 2.5 percent dedicated sales tax for marketing activities. The marketing tax will gmerate $634,679 of annual revenues at buildout. (Note: The€e tax revenues are not part oI the General Fund and are not included in the net fiscal impact analysis in Section V.) Estimated sales tax revenues are shown by Phase in Table 18. At ihe end of Phase I, the Town is expected to receive an additional $113,435 per year. By proiect completion, the Town will receive an additional $575,298 per year as shown. Table 18 cumulativs Sales Tax Base Vlllage Flscal lmpact Analysis F.ctor Phasel Phase l',1 Phase l-lll Phase l-V 42,U5 122,7 17 70.7s0 203709 $113,435 $326,426 { Marketing Box Village Raised Fiscal lmpact Anolysis Dn{t Report ApnI 2004 At the Applicant's request, the magnitude of one-time fees is shown in Table 19 and Appendix Table 2. Based on the Town's recomrnended conskuction valuation standards (lntemational Building Code Standards), non-residential construction costs range from $14&$150 per square loot and residential construchon cost is $124 per square Ioot. These rates reflect an average between Class IIA and VA buildings types. By project buildout, the development will generate approximately $22 million in new revenues. It is anticipated that this substantial amount of development proposed will require one additional full-time stalf membet to process permits and perform inspectiorE. A portion of these fees will be used to cover the cost of a new inspector. Table 19 Llcenses/Permlt and Plannlng Fees Base Village Fiscal lmpact Analysls Phase I Phase l-ll Phase l-lll Phase l-V Total Building Permit Fee Plan Check Fee Occupalion Assessment Tolal 282,945 '183,914 274.238 $741,097 235,526 153,092 226,O51 t6r4,669 160,983 104,639 132.19q $397,820 163,550 843,003 106,307 54f p52 1U.7gO 767,278 $404,647 92,158,233 Sourle: Town of Snowrass villago; Econornlc & Planaing Systems FROMTHE FUND Revenues generated from the Town's one percent real estate Eansler tax (RET'I) are resricted and can be utilized for hansit, road maintenance, landscaping and affordable housing expendihrres. This revenue source is scheduled to suruet in 2005; however, it is lilely to be proposed to be continued subject to the approval of ihe voters. Based on staff dAection, EPS assumed that the program would continue in its present form. Historically, the Torvn has arurually traruferred 25 to 50 percent of R€al Btate Transfer Tax (RE IT) revenues from the Road Fund to the General Fund. This analysis assumes an average of50 percent of all RETT revenues would be transferred to the General Fund. EPS was recently made aware that the Town has altered its accountint practices with regard to use and trarsfer of revenues from the General Fund to the Road Fund. Transfers are now made on a project specific basis rather than a specified portion of the total. With no historical data to review or analyze, EPS has not altoed its original estimates regarding the use of these funds. As a result, the project is estimated to generate $2.7 miUion of one-time RETT revenues due to the initial sale of real estate at project buildout as shown in Table 20 and Appendix Table 3. 02-21-17 TC Packet 76 Page 171 of 186 Type Base Village Reoised Fiscal Impact Analysis Draft Report April2004 Table 20 Transfered RETT Revenues Base Village Flscal lmpact Analysis RETT Transferred Phases lnitial Resale Tolal $674,529 $o $674,52e $968,329 556,824 $1,025,153 $s27,064 $149,884 $676,948 s539t117 3202 590 37,t?JrO8 $2,709,340 $409,298 $3,1'18,638 Sourco: Econornic & Pla.lling The project will also generate on-going RETT revenues lrom project resales. Historically, resales have accormted for 10 to 14 percent oI the total Town housing inventory. A resale tumover rat€ of 10 percent was assumed. As a result, the project is estimated to generate a total of $409,298 in annual property resale at buildout as shown. For the purpose of the net-fiscal analysis, only the armual RETT resale revmues are considered an "on-going" revmue due to its reoccurence. The $2.7 million of RETI colected from initial sales of residential and commercial property is considered a "one- time" revenue and is therefore calculated and corsidered separately. OTHER DISTRICTS SNOWMASSWILDCAT FIRE PROTECTION DISTRICT The three major revenues sources for the Fire District are pJoperty and specific orvnership taxes and fees charged for medical calls. Property tax revenues were esti$ated based on the proposed assessed value of $49.2 million for Base Village and a mill levy rate of 3.501. By project buildoll,i777 ,144 of new annual property tax revenues will be gerrerated as shown on Table 21. Based on the County's estimating methodolo&y (6 percent of prop€xty taxes), approximately $1O529 in new specific olvnership taxes will be generated by the project. An estimated $15,612 in medical call revenues is expected to be generated from the project (per capita multiplier of $11.37). 02-21-17 TC Packet 27 Page 172 of 186 Phase I Phase ll Phase lll Phase lV-V Totat Base Villoge Raixd Fiscal Impnct Analysis Druft RePort Apfl 2004 Table 21 Snowmass-Wildcat Fire P.otection Distrlct Revenues Base Village Fiscal lmpact Anal)Eis Description racror Phasel Phase l-ll Phase l-lll Phase l-V Property Tax Specilic Ownershipr Medical Calls'i Total 3.601 6% sr1.37 54,775 3,287 3.490 $61,552 146,220 8,773 12259 1167,2E3 177,144 10,629 '15.612 $203,385 Basod on Pi8in Counly ertinato of 6 percenl of prope.ty taxgs. 2 Pegk per caplta taclo.. So{.Yte: Smwmass-W1dcst Fir P.otecli,on o{sldct SNOWMASS WATER AND SANITATION DISTRICT The two maior revenues sources for tle Water and Sanitation District are property taxes and system development fees. (Note: The analysis exduded lesser fees such as back flow testing and shut off fees.) Property tax revenues are estimated based on the proposd assessed value of $49.2 million for Base Village and a mill lely rate of 2.339. By project buildout, $115,062 new annual revmues are expected to be Senerated as shown on Table 22 Descrlptlon Phase I Phase l.ll Phase l-lll Phase l-V 35,579 75,350 94,976 115,062 3,495.705 3 2gl 397 ^.313-800 ' 658.800 93,531,2&l $3,366,7rt7 52,408,776 $2,773,862 Sourco: Snowhass Water t Sanilation Dislricl Based on the development program and existing fee schedule for different types and amounts of development, a detailed analysis of the system development fees was conducted as shown on Appendix Table 4. Table 22 shows the developmmt fees for new development in each of the phases. 28 Page 173 of 186 116,005 6,960 9.085 3'132.0sl 'fable 22 Snowmass Waler and Sanitatlon Dlsulct Revenues Base Village Fiscal lmpsct Analysis Property Tax System Developmsnl Fee Total 02-21-17 TC Packet V. NsrFlscarlupacrs This section compares armual expenditure to annual revenues to estimate the net fiscal impact on the Town of Snowmass Village General Fund as weU as related other iurisdictions impacted by the proposd proiect. TOWN OF SNOVVI\{ASS VILLAGE Tabl6 23 Net Flscal lmpact, TOSV Base Village Fiscal lmpact Analysls Category Phase I Phaso l-ll Phase t-lll phase l-v Because of its size- the Base Village Project would require a significant expansion of Town services. However, project revenues are expected to exceed these costs. At the md o-f Phase I, the project will have a net fiscal impact of 950146 increasing to $5d470g at buildout (the end of Phase \) as shown on Table 23. On-Golng lmpacts Revenues Expenditures Subtolal 202,838 -15?-692 $50,146 924,632 -539 961 1s84,671 r,249,89.1 -685 183 t564,708 One.Tlme/Capltal lmpactsRevsnues 674,529 1,642,A5A 2,169,922 2,ZO1,34OExpenditures -1a?.397 -375 AA7 -S07Jt3S -M)717Subtotal $532,132 S1,267,321 91,664387 t2,066,622 Source: Econor c & Planning Systems The project is also expected to requfue 9642,712 in one-time Generar Fund expenses for the acquisition capital assets incruding a pubric safety vehicle and four trarsit shuttres. These_capital costs are offset by $2.7 million in one-time revenues for a net fiscal balance or DZ.r mrluon. l hese one-time revenues wi be generated from the RETT revenuesfrom the initial sale of residential and non-resideitial property. 02-21-17 TC Packet Bax Village Raised Fixal Inpnct Anatysis DraJt Report April2004 l 592,073 -399.295 i192,77 6 29 Page 174 of 186 Bax Village Reoixd Fiscnl lmpact Analysis Drafi Reporl Apfl 2004 SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT Annual project revenues are expected to cover the operating costs of providing services to Base Village with a net fiscal balance of $32,725 in Phase I increasing to 974,440 at buildout as shown on Table 24. The project is estimated to Benerate one-time capital costs for a new ladder buck and an ambulance. The total of costs of a new ladder truck is $800,000 and an ambulance is $95,000. To serve Base Villago the FAe District will require 05 lire and 0.4 ambulance vehicles for a one-time capital cost of $453,396. It is anticipated that other development occurring in the Town will generate funding necessary to pay for the remaining costs to purchase the required vehides and equipment. The $453,396 in capital cost items attributable to Base Village are not covered by existing revenue sources and will need to be paid for in some other way. Table 24 Net Flscal lmpact, Flre Dlstrlct Base Village Fiscal lmpact Analysis Category Phase I Phase l-ll Phase l-lll Phase l-V On.Going lmpacts Revenues Expenditures Subtotal 61,552 -28 827 $32,725 132,05'l -75.M0 s57,010 203,385 -124.944 $74,440 Ons.Tlme/Capital lmpacts Revenues 0 Expenditures -101 361 Subtotal -$101,361 0 -263.857 -0263,857 0 -356 898 +356,898 0 -4s3_396 -3453,396 Sourco: Ecoiomic & Pletning Sysloms SNOWMASS WATER AND SANITATION DISTRICT Page 175 of 186 167,283 -101.501 $65,782 Annual proiect operating expendihrres are expected to marginally exceed revenues from property taxes in each phase of development. At the md of Phase I, the project will have a net negative fiscal impact of -$3,&0 per year growing to -$59170 by project buildout as shown on Table 25. 02-21-17 f C Packet 30 Base Village Ratised Fixal Impoct Analysis Draf Report April2004 Table 25 Net Fiscal lmpact, Water and Sanitation Oistrlct Base Village Flscal lmpact Analysls Category Phase I Phase lJl Phase l-lll Phase l-V On-Going lmpacts Revenuss 35,579 Expenditures -39-018 sublotal -93,440 75,350 -e1.8qji -t16,545 94,976 -137.386 $12,410 115,062 -174.532 -959,470 Source: Economlc & Planning Systems The district indicated that a new water storage Lank would likely be needed to serve the projecl While an exact cost was not available, the substantial one.time system developmmt fees would appear to be sufficient to handle the potential acquisition. 02-21-17 TC Packet 31 Page 176 of 186 These marginal impacts are more than offset by the subsrantial one-time $6.9 million in system development fees. The major capital expense anticipated is a new water storage tank to serve Base Village as well as other new development proiects. While the tank has not been sized, and thercfore an exact cost is not available, it is exp€cted to be substantially less than the reyenues from the project. These systems lees are not restricted to capital costs and can therefore be applied to the mhor operating deficit shown. Econo Planning Systems Bal E ts,,c ,.onomta Rclional Eannia Public Finorcc la*l Uu Policl AppENDIx 02-21-17 TC Packet Page 177 of 1 86 Appondlx Tablo 1 Cumulatlvs Dsvslopment program, phases l.V Base Vlllago Flscal Impact Analysls 0a6crlptlon lr.,kot Total M.rk.lValu! Valuo Commarchl Sli46. Scrvlcls Rct ll Food & 66verEge Communlty Frcillll.s Tot l Rrtld.ntlll Employoo Housang , Studlo Ono Esdroo.n Two Brd.oom Thr6c gc&oom Four 8€droom Tolrl Owngrthlp RenteP Soalonal r Pcmanantu Popul.tlon Ovsmight-Visito.g Rgsidonb-Ssagonat Rosldcnts-Permonont Total Sq. FL 49,516 23115 40,512 26.q73 I'10,4'16 l'lsc. a. t1s0 s250 t250 s200 7,127,400 5.853,758 10,r27893 5_3q4 60n s28,803,750 Srun[g $103.000 s823,538 $82s.538 $823,538 t823,538 s823,538 3,090,000 75,765,498 14.1.119,150 202,590,348 88,942.104 ., a4? 678 ssr6,ls4t74 Unllr 30 92 175 246 108 653 498 65 90 2.5 LO 2.1 1,121 78 lgt 1,388 Not.Now Skl.r Vlslts.1t6,000 Olitence from the Flra Staflon 0.50 mileg own 6lrip ol th6ra l.iB nofi.arploya! rrlB .rg ln th! r.itat poot. tolmlnC t fi ot trm{lrldoy.. .nd non-6nt t un(r: t2ta roaion t .nd {Ol( p.nn ,r!nr .mPloyx mll. r. p.,rEn.ni unht A.p..r SU Co. 6[.n1o!. sourcai Int6rr6at Econdnt e pbnntnc sy.r.rn 02-21-17 TC Packet Page 178 of 186 App€ndlx Table 2 Bulldlng Dopartment Fee, Phases lV-V Bas6 Vlllago Flscal lmpact Analysis SF of Space Fsctor Rates Baso Add'l Total Const. value Building Pormlt Feo Comm6.clal Skier Services Retail Food & Boveraga Community FacililiBs Residential Total s147 1147 $ 150 Sl,l1 s124 $22,258,322 $6,000 $6 6,000$6 6,000s6 6,000$6 6,000 $6 133-s50 $163,550 0 0 0 0 179-720 179,720 ,000 ,000 ,000 ,000 $0 $6 $0 $6 $0 $6 $0 $6 Plan Chack Fee I Commerclal Residential Total 65% 65% 19,500 86.807 $106,307 Occupation Assessmant 3 a' Commsrcr'al Rssid€ntial Total 0 179,7N s/sF $0.85 30-75 0 134_790 tr34,790 Total Foes and Assessmentss s404,647 Aasumod lnlEwgst \,ould rotdln owllollhlp ot th6s6 unlt! urttil constnictlon wEr comptots. 2 Foe b 65 percqnt of ths buldlng p€rmlt loos. ! llnp6cl (!c asrrrlad !t lhc limc a Corlificato o, OcclJpancy is l$ugd. ' Rai/6ho.r lransfolrEd to tho rcad fund. ! Thcsc raroiucr wcr6 rxc,udad f,oln thr nlt.ilcal lmp€cl. Sowc.: Town ol Snowmass Vllleg,6; Economlc E Plsnnlng Syslsms 02-21-17 TC Packet Page 179 of 186 Appondlx Table 3 Rsal E6tats Transfor Tax, Phasos lV-V Base Vlllage Flscal lmpact A,nalysls Now Oevolopment , Residontial Commorcial Total Transter to th6 General Fund 513,064,174 5,.t30,642 28.803.7s0 288.038 $541,867,924 $5,418,679 s2,709,340 1,00h 1.O% 5A% Reaale r" Resldsntial Transfor to the Gensral Fund . ,to.o% s405,180,696 50% 405,181 s202,590 ' AssumeB all r6alsslab $ll Bellal markol valllo. 2 Exdudor cmploycc unlts becaulc Ihry er. paa6umcd to be own by lha tosl.I Br*d on hltlorlcal det , atsumad I O pcrcent o, B€!! Vnhgc wifl trsnslcr ti 6 or bo B3otd annualy. ' Erdudcr ovcnucs essoclelad w h lha l33ela ot coannrrclal apaco. 6 8.red on lretorical prac[co. Sourco: Town ot Snourma$ Vdl€r; Economtc & plannlng Syst m. 02-21-17 fC Packet Page 180 of 186 Devolopmont Type Facror Total Sales ' RETT Appendlx Table 4 Water and Sewer System Development Fees, Phases lV-V Base Village Flscal lmpact Analysls Use Amount Fac-torg EQR Fees t5,750 $5,750 Commsrclal Skier Servicss Retail Food & Beverage Community Facilities Subtotal Resldentlal Studio/One Bedroom6 Two Bedroom Three Bedroom Four Bedroomt Subtotal Total Elsndad ratar .35/1,000sF .40/'10 Seats z Blended rateor{ .60/unit .80/unit f .00/unit 1.2O/unit 0 0 0 0 $0 0 0 0 a $0 0 0 0 0 0 50 47 42 0 139 0 0 0 0 0 30 38 42 0 110 1{0 172,500 216,200 241,500 0 $630,200 172,500 216,2A0 ?41,500 0 s630,200 $630,200 $630,200 Blended rato assumGs Bultdlngs at a rat6 ,000SF and Eullding 5 &at a rat6 of .65 EOFU1,000SF.t Assumos 1 saat por 30 ef of gross spaoe. 3BlondedratoassumosBuildlngaT& Satarateof .63EQF,1.OoOSFand Bullding2A &13ataratoof.lSEeR/iOs6ats.r Estlmaled 3eal8 based on an average of 12SF/seal (blend ol 10 SF/Boat for lhoater stylo ssallng and 14SF/seat ,or bangust style seattng) 6 Agsumes a four b€droon two bathroom unit, Sourcc: Snonmass Waler & Saniletlon Distrlct 02-21-17 TC Packet Page 1 81 of 1 86 tstsc Rrsrancn & CorsurrrNc 3773 Ch€rry Creek No(h Drive Suite 850 Denver. Colo6do 80209.3827 3O3.321-25{7 tax 303.399.0448 www.bbcteseardr@m bb@bbc.!s!arch.com DRAFT o4/29t04 April 30, 2004 Mr. Jim Wahlstrom Senior Planner Town of Snowmass Village Community Development Department P.O. Box 5010 Snown:ass Village, CO 81515 Re: Fiscal lmpacts of the Base Village Proposal Dear Mr. Wahlstrom: At thc request of Intrawest/Brush Creek Development Company, LLC, BBC Research & Consulting (BBC) has revicwed Economic and Planning Systems' @pS) Base yillage Revked Fiscal Impaa Analyrs dated April 2004 and offers the following obscrvations and rccommendations. Overview Over the past year, BBC has had a number of opportr:nities to review and discuss draft fiscal analyses with EPS representatives, and we appreoiate tlre consultant,s and the town,s openness to tJris collaborative process. As a result oftlris collaboration, most approach ald modeling issues were resolved and we concur with many ofthe important assumptions and conclusions highlighted in the EPS drafl report. In January of2003, we offcred a comment letter to the Town of Snowmass village that detailed our remaining issues witlr the original draft analysis. ln April of2004 we received the Revised Fiscal Impact Analysis and again offcred the following comments in response to the most recent analysis. In general, rve continue to have significant concems with the process by which EpS has ar:alyzed and por&ayed this project. Many ofthese concems rvere identified in our prior review submitted 15 months ago. There are specific areas where we feel the EPS analysis still ilaccurately characterizes the project's likely effects and significant omissions that lead to an incomplete porhayal ofthe Base Village's ultimate impacts. ln sum, wc believe that the beneficial impacts of 02-21-17 TC Packet Page 182 of 186 Page - 2 this project are systematically undenepresented and not accu.ately characterized. points of specific disagreement arc further developcd in the remainder ofthis lettcr. 02-21-17 TC Packet Page 183 of 186 Page - 3 ProJect Descriplion Page I ofthc rcvised analysis sets forth the new project definitions that havc bee{ negotiated over the last year. There appears to be an inconsistenoy in the data: thc "project includes 140,400 square feet of commerciat space ... increasing the Town's comnrercial inventory from 202,000 to 315,000." The later point secrns to suggest I 13,000 square fcct ofnew commercial spacc. Perhaps therc is some other net loss that accounls for this discrepancy. on the bottom ofpagc l, the revised analysis offers the first ofa numbcr of gratuitous corffnents to the effect that Base village will 'ltigger ore necd for rcconskuetion of wood Road and Brush creek." Later in the repo4 owl creek is added to the reconsruction nccd list. No evidence is presentcd that reconstruction of thesc roads would be biggercd by thc project, or even what proportional contribution the Base villagc pmjcct might add to Brush crcek haIlic. Bccause these are new observations added since prior analyses and nor supported by new data, it would be helpful if somc support or analysis were offered - perhaps with a comparison ofBase Village,s proportional costs set against the ncw nct revcnues generated by the project iflto thc gencral firrd, the road fund and the unallocated revenues from real cstatc bansfcr taxcs. we note that the project now contains 653 units including 30 employce units, which we assume to be the rBsull ofongoing ncgotiations over thc past year. Findings The Findings section is important because casual readers will turn quickly to this summary. we believe the first finding regarding the reliancc on salcs caph'c is at best odd, and at worst misleading. It is not clear in the initial finding that this analysis assumes no increase in capture of exiting retail salcs leakage from the town's 10,000 plus peak period occupants, but instead only allocates the sales associated with occupancy ofthe 653 Base Village units. The key finding ofthis analysis is that this Base village project, cven with assumptions rhat we feel are unduly restrictive, anticipatcs significant annual financial benefit to $e community and associated districts, and leaves multilplc millions ofdollars in cxcess ofobligations to the ioad fund, the Rcal Estate Transfer Tax (RErr) fund, thc gcneral fund and the water and sanitation distict. The first key finding should incorporate Table 23, which provides a sirrpre sumrnary of costs and benefits. Sales Tax Generation In calculating new sales tan revenucs gencrated by thc Base village projecq rhe Eps anatysis states that a "l percent incrcase" (we assumc that should read "10 pcrcent increase,') has been added to visitor expenditures, but the rcsultant assumption on overnight visitor retail spending is actually $ I 10.46 pcr capita (Table 17), which is no substantivc changc from the prior assumption of$l 10.00 (Table 18, l2l lT l0zRepon). In addition, rctail s?cnding assumptions for seasonal residents have been lowcred by 6.4 percent and sales by pcrmanent residents lowered by 70 percent. Conversely, capture rates for yisitors have been raised from 50 to 55 percent, and seasonal and permanent resident salcs capture has havc been raised substantially tom 2g to 55 percent. The rational for thcse later changes is not discusscd. 02-21-17 TC Packet Page 184 of 186 Psge - 4 More substantively, this analysis continues to ignore the likelihood ofreduced lcakage from thc existing visitor and resident community, which is aclnowlcdged in the inhoduction as a likely outcomc ofthis project and a topic of over a year's worth ofdebate and analysis. As stated in our letter of January 2003, this 'ho capturc " assumption irrplies ihat e4ly persons staying ovcrnight at Base Village, will contribute to new retail salcs and that there will be no incrcased oapblrc ofexisting salcs lcakage from the rcsidents and visitors currcntly staying in Snowmass. Whilc examining a scenario wilh these assumptions may bc a useful exercise, and the conclusion that the project will still benefit the conununity undcr these opcrating assumptions is very noteworthy, suggcsting that Basc Village dcvelopmcnt will do nothing to stcm thc community's chronic leakage ofretail business is urucalistic and a disservice to the public reviewing this project. The EPS model also assumes that Base Villagc will tlraw no ncw day visitors or even Village curiosity seekers (et alone converts) from anywherc outside of Snowmass despite Basc Village being the most significant new local projcct in decades. The severity ofthis "no capture assumption" can be demonsbsted by the rcsultant salcs per square foot. On page 23, the 653 units that make up the new Base Villagc arc expectcd to gcnerate S12.8 million dollars in ncw salcs. The remaining 3,300 existing Snowmass units wjll produce no new sales at all. This assumption produces $200 pcr square foot of Village retail, which is far too little to support a successful projcct. In shorq the basclinc assumptions underlying this anslysis presume complete retail failure within the Base Village. It is virtually inconceivable that othcr snowmass lodged guests, residents or second homeowners will have no changc in expcnditure patterns and that thc community will wihess no overall markct lift by some capturc of their currsnt spending, which is currently leaking away to other areas. There is no qucstion that other Pi&in County visitors in both summer and winter will be &awn to Base Village, if only as lcsters and curiosity visitors. we believc the assumptions employcd in thc EPS model are a valuable tc.6t of the Base village performance under a 'vorst case" scenano, but policy makers would be wcll servcd to also test more succcssful and more likely outcomes in order to understand a broader array ofpotential futurcs. Again, the positivc fiscal impact of this project despite these arbihary assunrptions is notclvorthy. Bullding and Planning Revenues EPS's analysis assumes that building permit, plan check and occupationar asscssment rcvenuesrvill only rccover associated costs and thus are considered a financial balance. The to.wn has stated a position that the extaordinary review costs associated with this project merit the imposition offees at this level. 02-21-17 TC Packet Page 185 of 186 page - S EPS's calculations indicare that thc projcct wilr gencrate $2.16 milion in buirding plan check andoccupancy revenuesl. There is no theory under ihich the proj""t "outa rcqui." rl,at lcvel of associated reviews, inspections and plan checks. General planning is not done sorery for the benefit ofthe appricant and like other gcneral government costs are an ongoing community wide responsibility. When this projict is underway, undoubtedly othcr review costs for othcr projccts wi be incurred for which this projeot wifl conhibute its sharc ofgcneral govcrnment reveflues. Thc current tcatmcnt ofthese revcnues - an assumcd ,,wssh,'against related costs - ignores the potentiar financial windfan to the community and the prospect fff significanr ncw reycnues to address other off-site relatcd expenses. An altcmative treahnent for this analysis would be to assign planning and natural resouces to the per capita cost allocation process, and havc Base village's obligations to rhese serviccs reflected in the gcneral fund, whire offcring to deverop a cost rccovery system for bu ding inspection and plan check efforts directly associated with this projcct. Ir essence, rlevelop an enterprise like fund, which would be in keeping with thc town's stated policies. This is how Mammoth Lakes has dcalt with a nearly identical situation, and it ha-s workcd ro everyone's satisfaction. Transportation Spendhg The EPS analysis calculates hansportation spcnding based on the peak period population at Basevillage. Howcver, given the central location ofthe project, Base villagc,s residents are unlikely to use the bus system as frequently as other residents. while the report acknowredges this prospect, it argues that Base village will impose othcr unspecified costs on the tovrrn's transportation services, and consequently continues using thc p€ak period popuration approach. If thc community or consultant foresees new transportation system costs associated with Basevillage, as opposed to transportation savings, which secnu more rikely, thesc costs shourd be stated and spccified- The cu'ent approach significantry penarizes Basc vi[age without anyapparentjustification and in a situation where common scnse would anticipate gei:era borefits instead of costs, is unsupported. Also, there is some irony in thc assumption that the comrnmity will bc burdcned by new transporlation system rcquirements, because existing Snou,rnass will want access to Base village, but evidently thesc transportation ridcrs wi not shop or eat in the new Vilrage as rhe projcct isaffordcd no retail salcs benefits from these non-lodged guests. I cosr projections for thcsc rcvcnucs havc beca rcduccd bv roughrJ 30 pcrceni sincc th. rasr itcration ofthis a'ar)5iS.This rvas doncudcr thc sssutption 6at building costs would ic asse.i.J t.t.J i, .t-a.ruiz.d marualr.nd noractually cqsts' Many r.,on communilics divcntio- rt..c ,n"nu.lsiia*atp .*a i"*rry accu.tc val'ation data andthcn apply a fcc schcdulc to tlcs. ncw valuatiols. A commirrcnt from rfrc tJ*n io siiy witfr rlosc manual Etandardsrvould givc grcalcr .uthority to this cstimatr. Page 186 of 18602-21-17 TC Packet