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06-07-10 Town Council Packets SNOWMASS VILLAGE TOWN COUNCI REGULAR MEETING AGENDA JUNE 7, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME 4:00 P.M. SITE VISIT AT SNOWMASS MOUNTAIN CLUB HOUSE (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Meet at Clubhouse Building "A "entrance at end of Upper Woodbridge Road. -Jim Wahlstrom /Applicant Representatives CALL TO ORDER AT 5:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: VelociRFTA BRT UPDATE (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Receive update on RFTA's BRT project. No action required. -Dan Blankenship, RFTA CEO ...........................Page 1 (TAB A) Item No. 5: PUBLIC HEARING AND SECOND READING ORDINANCE NO. 9 SERIES OF 2010 TIMBERLINE SPA (Time: 60 Minutes) AN ORDINANCE CONCERNING A MINOR AMENDMENT TO THE TIMBERLINE S.P.A. BY THE TIMBERLINE CONDOMINIUM ASSOCIATION INC. TO PERMIT A NEW ATHLETIC CLUB FACILITY AND POOL AREA ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 9, Series of 2010 -Chris Conrad Page 23 (TAB B) Item No. 6: PUBLIC HEARING AND DISCUSSION SNOWMASS MOUNTAIN (Time: 60 Minutes) MINOR PLANNED UNIT DEVELOPMENT AMENDMENTS TO THE 2008 FINAL PUD FOR SNOWMASS MOUNTAIN CONDOMINIUMS 06 -07 -10 TC Page 2 of 3 ACTION REQUESTED OF COUNCIL: Review follow -up matters from the May 17, 2010 discussions. After evaluation, direct scheduling of an ordinance action for a subsequent meeting if desired. -Jim Wahlstrom Page 52 (TAB C) Item No. 7: SECOND READING ORDINANCE NO. 11 SERIES OF 2010 ORDINANCE REVIEW (Time: 15 Minutes) AN ORDINANCE CONDUCTING AN ORDINANCE REVIEW AS PRESCRIBED BY THE HOME RULE CHARTER ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 11, Series of 2010. -John Dresser Page 100 (TAB D) Item No. 8: SECOND READING ORDINANCE NO 12 SERIES OF 2010 EXTENSION OF MORATORIUM (Time: 15 Minutes) AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW LAND USE APPLICATION SEEKING DEVELOPMENT APPROVAL FOR REAL PROPERTY LOCATED IN THE WEST VILLAGE COMPREHENSIVELY PLANNED AREA AND FARAWAY RANCH NORTH ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance 12, Series of 2010. -John Dresser Page 103(TAB E) Item No. 9: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Page 107 (TAB F) Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING ...........................Page 109 (TAB G) Item No. 11: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Page 111 (TAB H Item No. 12: EXECUTIVE SESSION Town Council will now meet in Executive Session pursuant to CORPS. 24 -6- 402(4) and Snowmass Village Municipal Code Section 2- 45(c), to specifically discuss two items: a) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24- 6- 402(4)(e) and Snowmass Village Municipal Code Section 2- 45(c)(5); and 06 -07 -10 TC Page 3 of 3 b) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6 402(4)(c) and Snowmass Village Municipal Code Section 2- 45(c)(2); Provided, there is an affirmative vote of two thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. Item No. 13: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 3 hours (excluding items 1 -3 and 10 -13) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. (If the Meeting ends before 9:00 p.m.) MEMORANDUM TO: Snowmass Village Town Council FROM: Dan Blankenship, CEO Roaring Fork Transportation Authority DATE: June 7, 2010 SUBJECT: VelociRFTA BRT Update 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: RFTA will provide an update to the Town Council on the progress of the VelociRFTA BRT project. RFTA does not seek action or decisions from the Council. 11. BACKGROUND In 2003, the Glenwood Springs to Aspen Corridor Investment Study was completed. This detailed evaluation of transportation alternatives determined that Bus Rapid Transit was the most effective and affordable transportation solution for the State Highway 82 corridor. In 2006, RFTA adopted a vision statement that tasked the entity with implementing BRT by 2017. In 2008, the region's voters approved a 0.4% sales /use tax increase and $44.55 million in bonding authority to support the development of BRT. This action provided critical financial and public support for FTA to approve a $25 million Very Small Starts Grant for BRT. RFTA is currently engaged in advanced Preliminary Engineering of the project, dubbed VelociRFTA. 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Y C9 Q.. m I 4 s igg C Ai s Iwri fi t i 1 i l £y6 tt 14 k R 4 s 2 s W Y 4+ P 3Y Z v 0 Y a -1 L4 f9 4 w Qom. t or 'I ININ W 'rt x c f J O O m CO 4-a H o LL t co o ry MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: June 7, 2010 SUBJECT: ORDINANCE NO. 9, SERIES OF 2010 MINOR AMENDMENT TO THE TIMBERLINE CONDOMINIUM SPA. Applicant: Timberline Condominium Association, Inc. Represented by: Elk Mountains Planning Group, Inc. (Julie Anne Woods) Planner: Chris Conrad, Planning Director I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Timberline Condominium Association, Inc. "Applicant is requesting a minor amendment to the Timberline SPA to permit a new athletic club facility, spa and pool area (the "Project as shown and described within their application. An addendum packet has been placed in your council boxes to replace the documents provided previously. A copy is available in the Planning Department for public viewing. The Town Council indicated to the Applicant that ski easements be identified that will provide public ski access across land that will be deeded to the Applicant by the Snowmass Village Resort Association and between the Laurelwood and Timberline properties. The Applicant provided a letter included within the addendum packet. A diagram was provided just prior to packet deadline and has been included as Exhibit "C" of the ordinance. Action Requested: Grant second reading approval, modify, table or deny Ordinance No. 9, Series of 2010. The Public Hearing is scheduled to occur prior to second reading. II. SUMMARY OF DESCRIPTION PROJECT: The May 27 cover letter in the supplemental packet provided by the Applicant updates the material distributed prior to the May 17 meeting to reflect the building shift, provide a letter from Mary Harris regarding the public ski easement, and finalize the landscape plan. As stated above, a diagram delineating a ski easement was provided just prior to packet deadline and has not been reviewed by staff for comment at this time. Conditions 8 9 have been added to the ordinance to require the easement and further comments will be provided at the meeting. III. BACKGROUND: First reading approval of Ordinance No. 9 was granted on May 17. Attachment 1 provides a redline version of the ordinance as amended following first reading. Attachment 2 is a clean version of the ordinance with exhibits. The ordinance has been amended to include a condition requiring that the subject public ski easements be granted at such time as the Applicant has ownership /control of the SVRA and Laurelwood property. The easement(s) will also be required in conjunction with the subdivision exemption application that needs Town Council approval prior to transfer of the parcels to the Applicant. IV. APPLICABLE REGULATIONS: The application is being reviewed as a Minor PUD Amendment pursuant to Section 16A- 5 -390 of the Snowmass Village Municipal Code "Municipal Code This process would be consistent with the manner by which the Year 2000 Athletic Club /Meeting Room application was considered. The property is currently zoned SPA -1; however, it was determined that rezoning would not be required due to the scale of the project and that there are no additional uses being considered. V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS: 1. Employee Housing Mitigation (2000). As fully discussed in the May 17 packet, the current cost including CPI to satisfy the employee housing mitigation requirement of Condition No. 6 of Ordinance 14, Series of 2000, will be $226.77/s.f. or $79,653.96 cash -in -lieu for the 2000 Project. 2. Employee Housing Mitigation (Current Proposal). For the purpose of determining the mitigation employee housing requirement for the current proposal, a 115% redevelopment credit, pursuant to Section 16A- 4- 410(e)(1) of the Municipal Code, was considered for the meeting room /athletic club constructed in 2000. The proposed project qualifies for a 207.26 s.f. Redevelopment Credit The current project involves redevelopment of the 2000 building and includes a new health club addition. The calculations have been amended from those included within the May 17 Town Council packet to reflect adjustments that occurred when the building was shifted prior to the meeting. 117 s.f of the existing exercise room will be converted to laundry and mechanical room. The meeting room, bathrooms and steam room will remain. The redeveloped and new space requiring mitigation will involve 249 s.f. existing and 1,071 s.f. new "Health Club" space (1,320 s.f. total). The 500 s.f. meeting room will remain as "Conference Center" space. The employee housing mitigation requirement for the project will be: 1,320 s.f. "Health Club" 0.96 jobs per 1,000 s.f. 1.267 jobs generated 500 s.f. "Conference Center" 0.97 jobs per 1,000 s.f. 0.485 jobs generated 1.752 jobs generated X 448 s.f. X 45% 353.2 s.f. mitigation housing required Including the redevelopment credit, 145.94 s.f. of mitigation housing is required for this project. The Applicant is requesting that cash -in -lieu be accepted to satisfy this requirement. The Town Council determined at first reading that cash -in -lieu will be accepted and that the Mountain View Phase II (plus CPI to date) will serve as an appropriate comparable to be used for determining the cash -in -lieu payment. The Mountain View Phase II was determined to cost approximately $159.00/s.f. in 1999. The CPI from 1999 (166.6 CPI) through March, 2010 (211.67 CPI) represents a 45.07% increase. The 1999 cost including CPI would be $230.66/s.f. or $33,662.52 cash -in -lieu for the Project. 3. Landscaping. The amended landscaping plan discussed at the May 17 meeting has been provided in the supplemental packet placed in the council boxes. Finding No. 5 and Condition No. 3 still state that the plan be amended to provide additional landscaping slope side to soften the visual appearance of the pool fencing. Staff did not receive direction as to whether the Town Council still wants the Applicant to commit to the slope side planting. If not, the finding and condition may be deleted. 4. Ski Easement SVRA Land Transfer. The Project will be located on land currently owned by the Snowmass Village Resort Association "SVRA Property transfers will occur between SVRA, Laurelwood Condominiums and the Applicant (See Tab 8 in the May 17 application notebook). The Town Council directed that the Applicant provide a nonexclusive ski easement to provide public access to the ski slope from the Town parking lots. Please refer to Exhibit "C" of the ordinance. VI. STAFF RECOMMENDATIONS AND FINDINGS: Subject to staff review and comment regarding the nonexclusive ski easement provided by the Applicant, staff recommends that Town Council grant second reading approval of the ordinance, as may be amended at the meeting. Attachments: 1) Ordinance No. 9, Series of 2010 (Redline Version) 2) Ordinance No. 9, Series of 2010 (Amended Version with Exhibits) Handout: Supplemented Application Packet (In council boxes) ATTACHMENT 1 (Redline Version) 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 09 5 SERIES OF 2010 6 7 AN ORDINANCE CONCERNING A MINOR AMENDMENT TO THE TIMBERLINE S.P.A. 8 BY THE TIMBERLINE CONDOMINIUM ASSOCIATION INC. TO PERMIT A NEW 9 ATHLETIC CLUB FACILITY AND POOL AREA. 10 11 WHEREAS, Timberline Condominium Association Inc. "Applicant has applied 12 for a minor amendment to the Timberline SPA to permit a new athletic club facility and 13 pool area (the "Project as shown and described within Exhibit A; and 14 15 WHEREAS, the Timberline Condominiums "Timberline is currently within the 16 SPA Specially Planned Area zone district; and 17 18 WHEREAS, Timberline received approval of a "Precise Plan of a Specially 19 Planned Area" in 1980 as part of discussions with the Town Council relating to the 20 placement of the Timberline Maintenance facility within Town Parking Lot No. 13; and 21 22 WHEREAS, Timberline received approval for a minor amendment of the SPA 23 Plan in 2000 for a 1,512 sq. ft. athletic club facility addition, including laundry room, 24 mechanical space and meeting room, adjacent to the Timberline Condominium pool 25 area; and 26 27 WHEREAS, the current proposal involves a new replacement pool with spas 28 southeast (toward the ski run) of the existing meeting area and a new 1,137 s.f. exercise 29 building with lockers and a steam room; and 30 31 WHEREAS, it is also proposed to locate a new hot tub /spa in the courtyard 32 adjacent to Building J -3; and 33 34 WHEREAS, this application does not incorporate any new uses within the 35 Timberline Condominium property and it was determined that the Project could be 36 considered as a minor SPA modification pursuant to Section 16A- 5- 390(1)(b) of the 37 Snowmass Village Municipal Code "Municipal Code and 38 39 WHEREAS, it has been determined that an SPA Land Use Plan, specifying the 40 existing zoning parameters for the Timberline Condominium, had not been completed as 41 required by the 2000 approval authorized by Ordinance No. 14, Series of 2000 42 "Ordinance 14 and 43 44 WHEREAS, Ordinance 14 also required that the Applicant deed restrict, as 45 employee housing, the existing studio Units 113, 114 and 213, Timberline 46 Condominiums, or make a cash -in -lieu payment to the Town in the amount of 47 $57,524.00 to satisfy the employee housing mitigation requirement for the 2000 project; 48 and 49 TC Ord 10 -09 Page 2of7 50 WHEREAS, the mitigation requirement was not satisfied and the Applicant now 51 proposes to pay the appropriate cash -in -lieu employee housing mitigation amount for 52 both the 2000 and current development proposals; and 53 54 WHEREAS, the Planning Commission reviewed the application on May 5, 2010 55 and passed Resolution No. 3, Series of 2010, making its recommendations to the Town 56 Council; and 57 58 WHEREAS, the Town Council commenced review of the application on May 17, 59 2010 and further discussed the item on June 7, 2010; and 60 61 WHEREAS, the public hearing notice was published in the Snowmass Sun on 62 May 5, 2010 for the Town Council meeting on June 7, 2010 to hear a presentation of the 63 proposal by the Applicant, consider Town staff and Planning Commission 64 recommendations and public comments along with the application review; and 65 66 WHEREAS, the application was reviewed and processed in accordance with the 67 provisions outlined in Sections 16A -5 -390 of the Municipal Code. 68 69 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 70 Snowmass Village, as follows: 71 72 Section One Findings. The Town Council hereby finds that: 73 74 General Findings 75 76 1. The applicant has submitted sufficient information pursuant to Section 16A -5- 77 390(2)(b) of the Municipal Code to permit the Town Staff and the Planning 78 Commission an adequate review of the proposal. 79 80 2. All public notification requirements, as specified within Section 16A- 5 -60(b) of the 81 Municipal Code, will be satisfied relating to the Public Hearing scheduled to occur 82 June 7, 2010. 83 84 3. The proposed application qualifies as a `Minor Amendment' pursuant to Code 85 Section 16A- 5- 390(1)(b) and the amendment, subject to satisfying the conditions 86 stated below, satisfactorily complies with the review standards outlined below per 87 Section 16A -5- 390(3) as follows: 88 89 a) The proposed amendment is consistent with, or an enhancement of, the 90 original PUD approval; 91 92 b) The proposed amendment does not have a substantially adverse effect on 93 the neighborhood surrounding the land where the amendment is proposed, 94 nor has a substantially adverse impact on the enjoyment of land abutting 95 upon or across the street from the subject property; 96 TC Ord 10 -09 Page 3 of 7 97 c) The proposed amendment would not change the basic character of the PUD 98 or surrounding areas; and 99 100 d) The proposed amendment acceptably complies with the other applicable stan- 101 dards of this Division 3, Planned Unit Development, including but not limited 102 to Section 16A- 5- 300(c), General Restrictions and Section 16A -5 -310, 103 Review Standards 104 105 Specific Findings 106 107 1. Employee Housing Mitigation (2000). The Applicant is obligated to satisfy the 108 requirement of Condition No. 6 of Ordinance 14 for the employee housing 109 mitigation requirement of the 2000 project. The requirement was deed restrict 110 three (3) units withing the project that were used to house employees or to make 111 a cash -in -lieu payment in the amount of $57,524.00 to satisfy the 351.25 s.f. 112 employee. housing mitigation requirement for that project. 113 114 The above amount was determined to be acceptable on May 30, 2000 when the 115 ordinance was adopted. The current proposal of the Applicant is to make a cash 116 in -lieu payment instead of deed restricting the units. The Town Council finds 117 that it would be appropriate include an increase in the Year 2000 amount based 118 upon the CPI from 2000 to date. 119 120 The CPI from 2000 (173.2 CPI) through March, 2010 (211.67 CPI) represents a 121 38.47% increase. The current cost including CPI would be $226.77/s.f. or 122 $79,653.96 cash -in -lieu for the 2000 Project. 123 124 2. Employee Housing Mitigation (Current Proposal). For the purpose of 125 determining the mitigation employee housing requirement for the current 126 proposal, a 115% redevelopment credit, pursuant to Section 16A- 4- 410(e)(1) of 127 the Municipal Code, could be considered for the meeting room /athletic club 128 constructed in 2000. The 1,512 sq. ft. addition involved: 1) 426 sq. ft. considered 129 as a "Health Club 2) a 500 sq. ft. Meeting Room that should be considered as 130 "Conference Center and 3) 586 sq. ft. that should be classified under "Multi 131 Family" as support facilities to the overall condominium project and which does 132 not require mitigation. The redevelopment credit for the 2000 project will be: 133 134 426 s.f. "Health Club" 0.96 jobs per 1,000 s.f. 0.409 jobs generated 135 500 s.f. "Conference Center" 0.97 jobs per 1,000 s.f. 0.485 jobs generated 136 0.894 jobs generated X 448 s.f. X 45% 180.23 s.f. mitigation housing required 137 of the 2000 project under the current code. 138 180.23 s.f. X 115% 207.26 s.f. Redevelopment Credit 139 140 The current project involves redevelopment of the 2000 building and includes a 141 new health club addition. 117 s.f of the existing exercise room will be converted to 142 laundry and mechanical room. The meeting room, bathrooms and steam room will 143 remain. The redeveloped and new space requiring mitigation will involve 249 s.f. 144 existing and X04- 9 1,071 s.f. new "Health Club" space (4-,2-6 1,320 s.f. total). The TC Ord 10 -09 Page 4 of 7 145 500 s.f. meeting room will remain as "Conference Center" space. The employee 146 housing mitigation requirement for the project will be: 147 148 1,019 1,320 s.f. "Health Club" 0.96 jobs per 1,000 s.f. 1 .2 1.267 jobs 149 generated 150 500 s.f. "Conference Center" 0.97 jobs per 1,000 s.f. 0.485 jobs generated 151 1.702 jobs generated X 448 s.f. X 45% 343-.M353.2 s.f. mitigation 152 housing required 153 154 Including the redevelopment credit, 135.86 s.f. of mitigation housing is 155 required for this project. The Applicant is requesting that cash -in -lieu be 156 accepted to satisfy this requirement. Section 16A- 4- 420(4)(c) of the Municipal 157 Code provides that, at the sole discretion of the Town Council, the Applicant may 158 pay cash -in -lieu for minor developments rather than provide the required amount 159 of mitigation housing. 160 161 The Town Council finds that cash -in -lieu will be accepted and that the Mountain 162 View Phase II (plus CPI to date) will serve as an appropriate comparable to be 163 used for determining the cash -in -lieu payment. The Mountain View Phase II was 164 determined to cost approximately $159.00/s.f. in 1999. The CPI from 1999 (166.6 165 CPI) through March, 2010 (211.67 CPI) represents a 45.07% increase. The 1999 66 cost including CPI would be 230.66/s.f. or $31,337.47 $33,662.52 cash -in -lieu 167 for the Project. 168 169 1-Landsca p i n g The la ndscaping plan iden tifies t hree (3) (`enifer trees IC. ,.u,,,,�., �J� vvlll vl cl�.�a� ra��rrg ry 170 Galiper i nches in size,that are to be removed along w ORe (1) 13 GaliperinGh 171 Conifer. The Section 16A 4 320 (a)(!) of the MURiGipal Code states that: 2 !existing 172 vegetation and trees that are hall removed h replaced 1 th a ppropria te v�cZarl vv, v? wra ap s i z e 173 plaRtings and shall be supplemented add i t i onal ional plan i ngs that help to sGF r the 174 developme U �u 175 3. Landscaping 176 The planting sched Ile ludes decid rees and shr hs that will net nt 'h t 1 U UV tIVVJ and VI 177 substantively to soreeRing the pool area from being visible from the sk slope. The 178 Town Council f that it would be difficult to reloeate trees of that size but that the 179 orate evergreens 180 181 The Town Council fudhef- that the Applicant should provide additional 182 landscaping slope side to soften the visual appearance of the pool fencing and that 183 they propose and commit to said planting unless specifically not permitted by the 184 Aspen Skiing Company. 185 186 4. SVRA Land Transfer. The Project will be located on land currently owned by the 187 Snowmass Village Resort Association "SVRA Property transfers will occur 188 between SVRA, Laurelwood Condominiums and the Applicant. The Town 189 Council finds that Subdivision Exemption approval from the Town will be 190 required prior to land transfer but will permit construction of the Project provided 191 a construction easement is obtained from SVRA. 192 TC Ord 10 -09 Page 5 of 7 193 5. Ski Easement. The Project involves encroachment into the ski easement held by 194 the Aspen Skiing Company (ASC The Applicant should work with ASC to 195 obtain authorization enabling planting on the slope side of the pool fencing to 196 soften the visual appearance and provide a natural buffer between skiers and 197 the fencing wall. The agreement could provide ASC the ability to require removal 198 or relocation of any trees within one (1) ski season of their planting. The Town 199 will permit construction of the Project provided the existing easement is vacated 200 in the area of the Project or an encroachment easement is granted by ASC. 201 202 6. Lighting. Pursuant to Section 18 -273 of the Municipal Code, the Planning 203 Commission reviewed and approved the lighting plan submitted by the Applicant 204 as being consistent with the Multi Family lighting standards found in Section 18- 205 265 of the Municipal Code. 206 207 7. Energy Conservation. The Town Council agrees with the Planning Commission 208 that greater energy conservation could be achieved by not snow melting the 209 contemplated courtyard where the existing pool is located. 210 211 8. Fencing /Retaining Wall. The Town Council finds that the retaining wall concrete 212 should be colored a natural earth tone and that the fence be powder coated in a 213 natural green shade to lessen the stark stainless steel appearance, provide 214 invisibility of the fence during summer and provide contrast in the winter to 215 provide enhanced visibility of the fence, which should increase safety of ski area 216 users. 217 218 9. Ancillary Floor Area. The Applicant is proposing that an additional 500 square 219 feet be permitted for each existing building. The intent is to provide the potential 220 for small additions /modifications to these building without necessity of processing 221 a Minor PUD Amendment for each instance in the future. 222 223 The Town Council finds that this should be favorably considered provided each 224 proposal be reviewed as an Administrative Modification by the Planning Director 225 and that the floor area may not be used for increasing the size of any residential 226 unit or the commercial restaurant. It is further required that the "Chart attached 227 as Exhibit "B be reformatted as a SPA (PUD) Guide for Town Council review 228 and approval. 229 230 Section Two Action. The Town Council hereby grants the approval of a minor 231 amendment to the Timberline SPA to permit a pool /athletic club facility addition and spa 232 located in the courtyard adjacent to Building J -3, as shown and described within Exhibit 233 A and application documents, subject to the compliance with the SPA (P-UD) UD Guide, 234 attached as Exhibit "B and the conditions set forth in Section Three of this ordinance. 235 236 Section Three: Conditions. The Town Council makes the following conditions for the 237 Applicant to comply with or implement: 238 239 1. The Applicant shall provide verification that an easement has been provided from 240 the ASC permitting encroachment onto their ski slope land and that an easement TC Ord 10 -09 Page 6 of 7 241 has been provided from the SVRA for any encroachment onto West Village 242 Common Area not deeded to the Applicant. No development shall occur within 243 land area not owned or fully controlled by the Applicant unless easements have 244 been obtained from ASC and SVRA and copies have been provided to the Town 245 prior to building permit issuance. 246 247 2. The construction management plan will be submitted in conjunction with the 248 building permit application and may be modified by the Planning Director as 249 necessary to respond to complaints that may occur or matters not apparent at the 250 time of this application review. Said plan will specify that Lot 13 will not be used 251 for construction parking and construction activities will not occur during summer 252 concert nights. Any intended use of the Town parking lots to store material or use 253 as a staging area will need specific approval of the Town Public Works Director or 254 Town Manager. 255 256 3. The landscape plan shall be amended s E;h that there will be ^O fruit b eerier 257 trees or vegetation, ineerperate evergreens andto provide landscaping along the 258 ski slope side of the Project unless specifically not permitted by the Aspen Skiing 259 Company. The Planning Director shall review and approve an amended plan 260 incorporating the additional landscaping unless written verification is received 261 from ASC that said planting is not authorized. 262 263 4. The Applicant shall provide cash -in -lieu in the amount of 264 $110,991.43$113,316.48 to satisfy the employee housing mitigation requirements 265 of the 2000 project and this approval. Said amount shall be provided prior to 266 building permit issuance or within thirty (30) days from the effective date of this 267 ordinance, whichever occurs first. 268 269 5. The retaining wall concrete visible from the ski slope and adjacent properties shall 270 be colored a natural earth tone and the fence shall be powder coated in a natural 271 green shade. 272 273 6. The CD^�D)PUD Guide, attached as Exhibit "B permits a 500 square foot 274 increase for each of the existing Timberline Condominiums buildings. Any 275 proposal to utilize said floor area in the future shall be reviewed as an 276 Administrative Modification by the Town Planning Director. The floor area may 277 not be used for increasing the size of any residential unit or the commercial 278 restaurant. 279 280 7. All requirements of the Town Renewable Energy Offset Program "REOP shall 281 be satisfied prior to building permit issuance. 282 283 8. The Applicant shall provide nonexclusive ski trail easements to the Town of 284 Snowmass Village for the areas depicted on Exhibit "C" within thirty (30) days 285 from the date the underlying land is conveyed to the Applicant. Said easements 286 shall be in a form acceptable to the Town Attorney. Should the terms and 287 conditions not be resolved at the administrative level, they will be presented to 288 Town Council for direction. TC Ord 10 -09 Page 7 of 7 289 9. The executed ski trail easements will then be recorded, at the Applicant's 290 expense, in the records of the Pitkin County Clerk and Recorder's Office. 291 292 Section Four Severability. If any provision of this Ordinance or application hereof to 293 any person or circumstance is held invalid, the invalidity shall not affect any other 294 provision or application of this Ordinance which can be given effect without the invalid 295 provision or application, and, to this end, the provisions of this Ordinance are severable. 296 297 Section Five Enforcement. Obligations herein this Ordinance shall be binding on the 298 Applicant, its affiliates, successors and assigns. 299 300 INTRODUCED, READ, AND APPROVED as amended, on First Reading by the 301 Town Council of the Town of Snowmass Village, Colorado on this 17 day of May, 2010, 302 upon a motion made by Council Member Wilkinson and the second by Mayor Boineau 303 upon a vote of 3 in favor and 0 opposed Council Members Butler and Lewis were 304 absent. 305 306 READ, APPROVED AND ADOPTED on Second Reading by the Town Council of 307 the Town of Snowmass Village, Colorado on this 7 th day of June, 2010, upon a motion 308 made by Council Member and the second by Council Member 309 upon a vote of in favor and opposed 310 311 TOWN OF SNOWMASS VILLAGE 312 313 314 315 Bill Boineau, Mayor 316 ATTEST: 317 318 319 320 Rhonda Coxon, Town Clerk 321 322 APPROVED AS TO FORM: 323 324 325 326 John C. Dresser, Jr., Town Attorney ATTACHMENT 2 1 TOWN OF SNOWMASS VILLAGE (Final Ordinance) 2 TOWN COUNCIL 3 4 ORDINANCE No. 09 5 SERIES OF 2010 6 7 AN ORDINANCE CONCERNING A MINOR AMENDMENT TO THE TIMBERLINE S.P.A. 8 BY THE TIMBERLINE CONDOMINIUM ASSOCIATION INC. TO PERMIT A NEW 9 ATHLETIC CLUB FACILITY AND POOL AREA. 10 11 WHEREAS, Timberline Condominium Association Inc. "Applicant has applied 12 for a minor amendment to the Timberline SPA to permit a new athletic club facility and 13 pool area (the "Project as shown and described within Exhibit A; and 14 15 WHEREAS, the Timberline Condominiums "Timberline is currently within the 16 SPA Specially Planned Area zone district; and 17 18 WHEREAS, Timberline received approval of a "Precise Plan of a Specially 19 Planned Area" in 1980 as part of discussions with the Town Council relating to the 20 placement of the Timberline Maintenance facility within Town Parking Lot No. 13; and 21 22 WHEREAS, Timberline received approval for a minor amendment of the SPA 23 Plan in 2000 for a 1,512 sq. ft. athletic club facility addition, including laundry room, 24 mechanical space and meeting room, adjacent to the Timberline Condominium pool 25 area; and 26 27 WHEREAS, the current proposal involves a new replacement pool with spas 28 southeast (toward the ski run) of the existing meeting area and a new 1,137 s.f. exercise 29 building with lockers and a steam room; and 30 31 WHEREAS, it is also proposed to locate a new hot tub /spa in the courtyard 32 adjacent to Building J -3; and 33 34 WHEREAS, this application does not incorporate any new uses within the 35 Timberline Condominium property and it was determined that the Project could be 36 considered as a minor SPA modification pursuant to Section 16A- 5- 390(1)(b) of the 37 Snowmass Village Municipal Code "Municipal Code and 38 39 WHEREAS, it has been determined that an SPA Land Use Plan, specifying the 40 existing zoning parameters for the Timberline Condominium, had not been completed as 41 required by the 2000 approval authorized by Ordinance No. 14, Series of 2000 42 "Ordinance 14 and 43 44 WHEREAS, Ordinance 14 also required that the Applicant deed restrict, as 45 employee housing, the existing studio Units 113, 114 and 213, Timberline 46 Condominiums, or make a cash -in -lieu payment to the Town in the amount of 47 $57,524.00 to satisfy the employee housing mitigation requirement for the 2000 project; 48 and 49 TC Ord 10 -09 Page 2 of 7 50 WHEREAS, the mitigation requirement was not satisfied and the Applicant now 51 proposes to pay the appropriate cash -in -lieu employee housing mitigation amount for 52 both the 2000 and current development proposals; and 53 54 WHEREAS, the Planning Commission reviewed the application on May 5, 2010 55 and passed Resolution No. 3, Series of 2010, making its recommendations to the Town 56 Council; and 57 58 WHEREAS, the Town Council commenced review of the application on May 17, 59 2010 and further discussed the item on June 7, 2010; and 60 61 WHEREAS, the public hearing notice was published in the Snowmass Sun on 62 May 5, 2010 for the Town Council meeting on June 7, 2010 to hear a presentation of the 63 proposal by the Applicant, consider Town staff and Planning Commission 64 recommendations and public comments along with the application review; and 65 66 WHEREAS, the application was reviewed and processed in accordance with the 67 provisions outlined in Sections 16A -5 -390 of the Municipal Code. 68 69 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 70 Snowmass Village, as follows: 71 72 Section One Findings. The Town Council hereby finds that: 73 74 General Findings 75 76 .1. The applicant has submitted sufficient information pursuant to Section 16A -5- 77 390(2)(b) of the Municipal Code to permit the Town Staff and the Planning 78 Commission an adequate review of the proposal. 79 80 2. All public notification requirements, as specified within Section 16A- 5 -60(b) of the 81 Municipal Code, will be satisfied relating to the Public Hearing scheduled to occur 82 June 7, 2010. 83 84 3. The proposed application qualifies as a `Minor Amendment' pursuant to Code 85 Section 16A- 5- 390(1)(b) and the amendment, subject to satisfying the conditions 86 stated below, satisfactorily complies with the review standards outlined below per 87 Section 16A -5- 390(3) as follows: 88 89 a) The proposed amendment is consistent with, or an enhancement of, the 90 original PUD approval; 91 92 b) The proposed amendment does not have a substantially adverse effect on 93 the neighborhood surrounding the land where the amendment is proposed, 94 nor has a substantially adverse impact on the enjoyment of land abutting 95 upon or across the street from the subject property; 96 TC Ord 10 -09 Page 3 of 7 97 c) The proposed amendment would not change the basic character of the PUD 98 or surrounding areas; and 99 100 d) The proposed amendment acceptably complies with the other applicable stan- 101 dards of this Division 3, Planned Unit Development, including but not limited 102 to Section 16A- 5- 300(c), General Restrictions and Section 16A -5 -310, 103 Review Standards 104 105 Specific Findings 106 107 1. Employee Housing Mitigation (2000). The Applicant is obligated to satisfy the 108 requirement of Condition No. 6 of Ordinance 14 for the employee housing 109 mitigation requirement of the 2000 project. The requirement was deed restrict 110 three (3) units within the project that were used to house employees or to make 111 a cash -in -lieu payment in the amount of $57,524.00 to satisfy the 351.25 s.f. 112 employee housing mitigation requirement for that project. 113 114 The above amount was determined to be acceptable on May 30, 2000 when the 115 ordinance was adopted. The current proposal of the Applicant is to make a cash 116 in -lieu payment instead of deed restricting the units. The Town Council finds 117 that it would be appropriate include an increase in the Year 2000 amount based 118 upon the CPI from 2000 to date. 119 120 The CPI from 2000 (173.2 CPI) through March, 2010 (211.67 CPI) represents a 121 38.47% increase. The current cost including CPI would be $226.77/s.f. or 122 $79,653.96 cash -in -lieu for the 2000 Project. 123 124 2. Employee Housing Mitigation (Current Proposal). For the purpose of 125 determining the mitigation employee housing requirement for the current 126 proposal, a 115% redevelopment credit, pursuant to Section 16A- 4- 410(e)(1) of 127 the Municipal Code, could be considered for the meeting room /athletic club 128 constructed in 2000. The 1,512 sq. ft. addition involved: 1) 426 sq. ft. considered 129 as a "Health Club 2) a 500 sq. ft. Meeting Room that should be considered as 130 "Conference Center and 3) 586 sq. ft. that should be classified under "Multi 131 Family" as support facilities to the overall condominium project and which does 132 not require mitigation. The redevelopment credit for the 2000 project will be: 133 134 426 s.f. "Health Club" 0.96 jobs per 1,000 s.f. 0.409 jobs generated 135 500 s.f. "Conference Center" 0.97 jobs per 1,000 s.f. 0.485 jobs generated 136 0.894 jobs generated X 448 s.f. X 45% 180.23 s.f. mitigation housing required 137 of the 2000 project under the current code. 138 180.23 s.f. X 115% 207.26 s.f. Redevelopment Credit 139 140 The current project involves redevelopment of the 2000 building and includes a 141 new health club addition. 117 s.f of the existing exercise room will be converted to 142 laundry and mechanical room. The meeting room, bathrooms and steam room will 143 remain. The redeveloped and new space requiring mitigation will involve 249 s.f. 144 existing and 1,071 s.f. new "Health Club" space (1,320 s.f. total). The 500 s.f. TC Ord 10 -09 Page 4 of 7 145 meeting room will remain as "Conference Center" space. The employee housing 146 mitigation requirement for the project will be: 147 148 1,320 s.f. "Health Club" 0.96 jobs per 1,000 s.f. 1.267 jobs generated 149 500 s.f. "Conference Center" 0.97 jobs per 1,000 s.f. 0.485 jobs generated 150 1.752 jobs generated X 448 s.f. X 45% 353.2 s.f. mitigation housing required 151 152 Including the redevelopment credit, 145.94 s.f. of mitigation housing is required 153 for this project. The Applicant is requesting that cash -in -lieu be accepted to 154 satisfy this requirement. Section 16A- 4- 420(4)(c) of the Municipal Code provides 155 that, at the sole discretion of the Town Council, the Applicant may pay cash -in- 156 lieu for minor developments rather than provide the required amount of mitigation 157 housing. 158 159 The Town Council finds that cash -in -lieu will be accepted and that the Mountain 160 View Phase II (plus CPI to date) will serve as an appropriate comparable to be 161 used for determining the cash -in -lieu payment. The Mountain View Phase II was 162 determined to cost approximately $159.00/s.f. in 1999. The CPI from 1999 (166.6 163 CPI) through March, 2010 (211.67 CPI) represents a 45.07% increase. The 1999 164 cost including CPI would be $230.66/s.f. or $33,662.52 cash -in -lieu for the 165 Project. 166 167 3. Landscaping. The Town Council finds that the Applicant should provide additional 168 landscaping slope side to soften the visual appearance of the pool fencing and that 169 they propose and commit to said planting unless specifically not permitted by the 170 Aspen Skiing Company. 171 172 4. SVRA Land Transfer. The Project will be located on land currently owned by the 173 Snowmass Village Resort Association "SVRA Property transfers will occur 174 between SVRA, Laurelwood Condominiums and the Applicant. The Town 175 Council finds that Subdivision Exemption approval from the Town will be 176 required prior to land transfer but will permit construction of the Project provided 177 a construction easement is obtained from SVRA. 178 179 5. Ski Easement. The Project involves encroachment into the ski easement held by 180 the Aspen Skiing Company (ASC The Applicant should work with ASC to 181 obtain authorization enabling planting on the slope side of the pool fencing to 182 soften the visual appearance and provide a natural buffer between skiers and 183 the fencing wall. The agreement could provide ASC the ability to require removal 184 or relocation of any trees within one (1) ski season of their planting. The Town 185 will permit construction of the Project provided the existing easement is vacated 186 in the area of the Project or an encroachment easement is granted by ASC. 187 188 6. Lighting. Pursuant to Section 18 -273 of the Municipal Code, the Planning 189 Commission reviewed and approved the lighting plan submitted by the Applicant 190 as being consistent with the Multi Family lighting standards found in Section 18- 191 265 of the Municipal Code. 192 TC Ord 10 -09 Page 5 of 7 193 7. Energy Conservation. The Town Council agrees with the Planning Commission 194 that greater energy conservation could be achieved by not snow melting the 195 contemplated courtyard where the existing pool is located. 196 197 8. Fencing /Retaining Wall. The Town Council finds that the retaining wall concrete 198 should be colored a natural earth tone and that the fence be powder coated in a 199 natural green shade to lessen the stark stainless steel appearance, provide 200 invisibility of the fence during summer and provide contrast in the winter to 201 provide enhanced visibility of the fence, which should increase safety of ski area 202 users. 203 204 9. Ancillary Floor Area. The Applicant is proposing that an additional 500 square 205 feet be permitted for each existing building. The intent is to provide the potential 206 for small additions /modifications to these building without necessity of processing 207 a Minor PUD Amendment for each instance in the future. 208 209 The Town Council finds that this should be favorably considered provided each 210 proposal be reviewed as an Administrative Modification by the Planning Director 211 and that the floor area may not be used for increasing the size of any residential 212 unit or the commercial restaurant. It is further required that the "Chart attached 213 as Exhibit "B be reformatted as a SPA (PUD) Guide for Town Council review 214 and approval. 215 216 Section Two Action. The Town Council hereby grants the approval of a minor 217 amendment to the Timberline SPA to permit a pool /athletic club facility addition and spa 218 located in the courtyard adjacent to Building J -3, as shown and described within Exhibit 219 A and application documents, subject to the compliance with the PUD Guide, attached as 220 Exhibit "B and the conditions set forth in Section Three of this ordinance. 221 222 Section Three: Conditions. The Town Council makes the following conditions for the 223 Applicant to comply with or implement: 224 225 1. The Applicant shall provide verification that an easement has been provided from 226 the ASC permitting encroachment onto their ski slope land and that an easement 227 has been provided from the SVRA for any encroachment onto West Village 228 Common Area not deeded to the Applicant. No development shall occur within 229 land area not owned or fully controlled by the Applicant unless easements have 230 been obtained from ASC and SVRA and copies have been provided to the Town 231 prior to building permit issuance. 232 233 2. The construction management plan will be submitted in conjunction with the 234 building permit application and may be modified by the Planning Director as 235 necessary to respond to complaints that may occur or matters not apparent at the 236 time of this application review. Said plan will specify that Lot 13 will not be used 237 for construction parking and construction activities will not occur during summer 238 concert nights. Any intended use of the Town parking lots to store material or use 239 as a staging area will need specific approval of the Town Public Works Director or 240 Town Manager. TC Ord 10 -09 Page 6 of 7 241 242 3. The landscape plan shall be amended to provide landscaping along the ski slope 243 side of the Project unless specifically not permitted by the Aspen Skiing 244 Company. The Planning Director shall review and approve an amended plan 245 incorporating the additional landscaping unless written verification is received 246 from ASC that said planting is not authorized. 247 248 4. The Applicant shall provide cash -in -lieu in the amount of $113,316.48 to satisfy 249 the employee housing mitigation requirements of the 2000 project and this 250 approval. Said amount shall be provided prior to building permit issuance or 251 within thirty (30) days from the effective date of this ordinance, whichever occurs 252 first. 253 254 5. The retaining wall concrete visible from the ski slope and adjacent properties shall 255 be colored a natural earth tone and the fence shall be powder coated in a natural 256 green shade. 257 258 6. The PUD Guide, attached as Exhibit "B permits a 500 square foot increase for 259 each of the existing Timberline Condominiums buildings. Any proposal to utilize 260 said floor area in the future shall be reviewed as an Administrative Modification by 261 the Town Planning Director. The floor area may not be used for increasing the 262 size of any residential unit or the commercial restaurant. 263 264 7. All requirements of the Town Renewable Energy Offset Program "REOP shall 265 be satisfied prior to building permit issuance. 266 267 8. The Applicant shall provide nonexclusive ski trail easements to the Town of 268 Snowmass Village for the areas depicted on Exhibit "C" within thirty (30) days 269 from the date the underlying land is conveyed to the Applicant. Said easements 270 shall be in a form acceptable to the Town Attorney. Should the terms and 271 conditions not be resolved at the administrative level, they will be presented to 272 Town Council for direction. 273 9. The executed ski trail easements will then be recorded, at the Applicant's 274 expense, in the records of the Pitkin County Clerk and Recorder's Office. 275 276 Section Four Severability. If any provision of this Ordinance or application hereof to 277 any person or circumstance is held invalid, the invalidity shall not affect any other 278 provision or application of this Ordinance which can be given effect without the invalid 279 provision or application, and, to this end, the provisions of this Ordinance are severable. 280 281 Section Five Enforcement. Obligations herein this Ordinance shall be binding on the 282 Applicant, its affiliates, successors and assigns. 283 284 INTRODUCED, READ, AND APPROVED, as amended, on First Reading by the 285 Town Council of the Town of Snowmass Village, Colorado on this 17 day of May, 2010, 286 upon a motion made by Council Member Wilkinson and the second by Mayor Boineau, 287 upon a vote of 3 in favor and 0 opposed. Council Members Butler and Lewis were 288 absent. TC Ord 10 -09 Page 7 of 7 289 290 READ, APPROVED AND ADOPTED on Second Reading by the Town Council of 291 the Town of Snowmass Village, Colorado on this 7 th day of June, 2010, upon a motion 292 made by Council Member and the second by Council Member 293 upon a vote of in favor and opposed 294 295 TOWN OF SNOWMASS VILLAGE 296 297 298 299 Bill Boineau, Mayor 300 ATTEST: 301 302 303 304 Rhonda Coxon, Town Clerk 305 306 APPROVED AS TO FORM: 307 308 309 310 John C. Dresser, Jr., Town Attorney Exhibit A TIC Ordinance No. 9, Series of 2010 (Page 1 of 6) i e L h o I v m s 1 U Q9 r Q tI n o b TIMBERLINE CONDOMINIUMS a So RISENGMEERING, LLC. SNOWMASS VILLAGE, COLORADO DEVELOPMENT PLAN BULDING PEFJArr prgramn Exhibit "N', s,= 9, Series of 2010 TC Ordinance No. (Page 3 of 6) e rr, 4� G i e� I 3 Y VA U SHED o e E Timberline Condominium m a Q Pool +Spa Cr 3 Snowmass Village, Colorado o g� 0 Exhibit "A" ETC Ordinance No. 9, Series of 2010 (Page 4 of 6) v [(M LIEEEI "To SKEE71 9iCKSH Euiauun� 1,7 I j F V I v Ili O C, y o C. z i v �a A J v C, 1 'X ?c Timberline Condominium s i CD 9 m_ Pool +Spa e� a Snowmass Village, Colorado M e Exhibit "A" TC Ordinance No. 9, Series of 2010 (Page 5 of 6) I 4 Q w I i I I T Q EIg YA7[X SXEEII 'F YAiftlfNFEiA i a w 0 Timberline Condominium o m Pool Spa?" 3 8 Snowmass Village, (olorado o m o R 0 Exhibit "A" s TC Ordinance No. 9, Series of 2010 (Page 6 of 6) yy I N 'ice m -r= CM 'o z c CD is brC' 0 S N 9 g ;if iF� I I I I s� ZV im .i I' i L- i I a I I3 12 f"� L e I e `y �uitt_ u_tt_I �I" I i r• l a i�'s g e �J_1_1 1__i 17P Timberline Condominium R 3 o a9 Pool Spa F o a CL Snowmass Village, (olorado o N O Exhibit IF7 EXhlbit cep» PUD Guide /Development Summary Table TC Ordinance No. 9, Series of 2010 Timberline Condominium Pool and Athlet (Page 1 of 5) Minor PUD Amendment TC Ord. No. 9, Series of 2010 Exhibit Final Planned Unit Development Guide This PUD Guide summarizes the final development plan, land uses, densities, zone district limitations and development regulations for the Pool, Spa and Athletic Building Expansion at the Timberline Condominiums, Snowmass Village, as approved in Snowmass Village Ordinance No. 9, Series of 2010 (the "Final Approval Ordinance Where this PUD Guide does not address a specific development standard or requirement of the Code, the provisions of the Municipal Code shall apply. To the extent the provisions of this PUD Guide conflict with or are in any way inconsistent with the Municipal Code, the provisions of this PUD Guide shall apply. References in this PUD Guide to the Municipal Code mean provisions as amended or renumbered from time to time except that if the applicable provision has been amended to be more restrictive or burdensome on the development or use of the Project or a portion thereof than the provision in effect in the version of the Code in effect in June 2010, shall apply. GENERAL DEVELOPMENT PARAMETERS 1. Zoning. The underlying zoning of the Timberline Condominium parcel (Parcels 1, 2, 3, 4 and 5, Timberline Condominiums) "the Property at the time of the application is "Specially Planned Area (SPA). 2. Condominium. The original Condominium Declaration for the Timberline Condominiums was recorded in the office of the Clerk and Recorder of Pitkin County, Colorado on January 27, 1972, in Book 261 at Page 34. The First Supplement to Declaration for Timberline Condominiums, was recorded on November 20, 1972 in Book 269 at Page 58. The Timberline Lodge Condominiums was recorded on December 11, 1973 in Book 282 at Page 198. The Amended and Restated Declaration for Timberline Condominiums was recorded in the office of the Clerk and Recorder of Pitkin County, Colorado on October 3, 1980 in Book 396 at Page 452, Reception Number 227548. The initial Condominium Map reflected the construction of ninety -six (96) individual airspace units (not including the three (3) Employee Housing dwelling units), in five (5) buildings designated as "J -1 "J -2 "J -3 "J -4 and "J -5 Lodge located on land shown on the Condominium Map. A final Amended Condominium Map will be recorded in the Office of the Pitkin County Clerk and Recorder when construction is completed. 3. Permitted Uses. Permitted Uses are those uses previously permitted on the Property and construction use, materially as described in the plans and specifications referenced under Development Parameters, below, and in the Construction Management Plan submitted by the Timberline Condominium Association to the Town of Snowmass Village. 4. Residential Uses. a) Equivalent Units. The Project contains a maximum of ninety -six (96) units, not including the three (3) Employee Housing units located in Building J -5 Timberline Lodge. b) Employee Housing. The Project contains a total of three (3) Employee Housing dwelling units, which are depicted on the recorded Condominium Map. 5. Phasing. The Pool, Spa and Athletic Building Project may be developed in phases depending on timing of PUD approval, timing of building permit issuance, utility work and overall construction scope and schedule. 1 Exhibit Exhibit "B" PUD Guide /Development Summary Table TC Ordinance No. 9, Series of 2010 (Page 2 of 5) Timberline Condominium Pool and Athletic Building Minor PUD Amendment DEVELOPMENT PARAMETERS FOR PARCEL AND THE BUILDINGS Building Parameters. Existing buildings on the Property shall remain as is, except that each of Buildings J -1, J -2, J -3, J -4 and J -5 shall be allowed up to 500 additional square feet of development for common incidental, non residential space. The new pool, spas and Athletic Building will be built in substantial conformance with the plans and specifications for the Project described on Exhibits attached hereto and the Application for Approval of Minor PUD, submitted to the Town, which shall be referred to herein as the "Final Minor PUD Amendment Application" which representations are incorporated herein. Building Height. The maximum permitted height of the existing buildings at Timberline Condominiums is as shown in the Development Chart below. The maximum permitted height of the new Athletic Building shall be: twenty feet (20') from the finished grade according to the building elevation drawings submitted to the Town of Snowmass Village during the approval process. Setbacks. The setbacks on the Property shall be as depicted on the Amended Condominium Map. Open Space. Open Space within the Project shall be as set forth in the table below and as indicated on the Amended Condominium Map. Landscape Plan. Upon completion of the new Athletic Building, pool and spas on the Property, the open spaces on the Property shall be landscaped in substantial conformance with the Landscape Plan. Parking. Parking shall remain on Town Parking Lots. No new parking is proposed. See Construction Management Plan for temporary construction parking. 2 Exhibit Exhibit "B» PUD Guide /Development Summary Table TC Ordinance No. 9, Series of 2010 5) Timberline Condominium Pool and Athletic Buhumg (Page 3 of Minor PUD Amendment List of Exhibits by Reference In the PUD Guide for the Timberline Condominium Minor PUD Amendment The following materials previously submitted to the Town shall be considered by Town Staff when evaluating the Project's compliance with the terms of this PUD Guide. In the event of conflict between any of the provisions of the materials described below, the provisions of the later- prepared materials shall control. A. Construction Management Plan, submitted to the Town. B. All documents attached to the Final Approval Ordinance. C. Design Drawings: Architectural Plan Sheets Date Preparer Name Timberline A1.0 3/30110 submitted in Galambos Architects Condominium A2.1 Amendment Packet #2 Inc. Pool Spa dated 5/7/10 D. Building Site Plan as shown on Sheet A1.0, dated May 13, 2010, prepared by Galambos Architects Inc. E. Landscape Plans: Landscape Plan Name Sheets Date Preparer Timberline L100 Illustrative Plan 5/17/2010 Outside the Box Design Condominium L101a -d Planting Plans Studio Pool Spa L102a -d Irrigation Plans L103a -e Lighting Plans F. Civil Engineering Plans: Engineering Plan Sheets Date Preparer Name Timberline Grading and Drainage Plan 5/27/10 Sopris Engineering Condominiums Master Utility Plan Shallow Utilities Master Utility Plan -Storm Master Utility Plan -Water G. Energy Conservation Plan as submitted to the Town, dated May 13, 2010, prepared by Galambos Architects Inc. with calculations by Beaudin Ganze Consulting Engineers, Inc. JF 3 Exhibit "B" Exhibit TC Ordinance No. 9, Series of 2010 PUD Guide /Development Summary Table (Page 4 of 4) Timberline Condominium Pool and Athletic Building Minor PUD Amendment Exhibit "B" TC Ordinance No. 9, Series of 2010 (Page 4 of 5) TIMBERLINE CONDOMINUMS DEVELOPMENT SUMMARY TABLE Table 1 -1 Use /Building Number of Existing Square Proposed Existing Open Space Maximum Floors Footage Square Footage Acreage with proposed Height (approximate- (approximate) with SVRA land not including proposed balconies or SVRA patios) land /Min. Lot Area Residential 3 17,254 17,754 Approx. 69% (prior to 34' Building J -1 120,901 sf development) Residential 3 19,157 19,657 Or 2.775 43.5' Building J -2 acres Residential 3 20,104 20,604 345 Building J -3 Residential 3 20,078 20,578 34.5' Building J -4 Lodge 18,474 18,974 38' Residential Building J -5 Sub -Total 95,067 97,567 Residential Sub -Total 3,886 3,886 Commercial Sub -Total 3,769 3,769 Lodge Existing 1,390; 1,575 sf 1,390 15' 3" Meeting Space existing pool (J -6) area to remain Sub -Total All 104,112 106,612 Proposed New 1 1,357 68% (after 20' to top Exercise development) of Building (J -7) guardrail NA (8767') Proposed New 1 6,160 sf of pool NA Pool /Spa and patio (S -1) Proposed New 492 sf of pool NA 4 Exhibit 13 Exhibit "B" PUD Guide /Development Summary Table TC Ordinance No. 9, Series of 2010 Timberline Condominium Pool and Athletic (Page 5 of 5) If Minor PUD Amendment Spa (S -2) and deck OVERALL SITE CONDITIONS (Approximate After Development) Site Area 120,901 sf Open Space 82,213 SF Condominium 97,567 SF (96 Units) Employee Units (3 Units) Conference Room 1,390 SF Office /Commercial 7,655 SF 1. Total of ninety -nine (99) units. 2. Building Height: Building Height For Existing Buildings J -1 through J -5 43' -6" (max.) Building Height For New Athletic Building 20' -0" to top of site guardrail; 17' -6" to top of building guardrail; 14' -0" to roof deck 3. Approval of the proposed Athletic Building in terms of the overall architectural character, building materials, construction details, and landscaping: a). Hardboard Panel Siding b). Wood or composite boards on battens on both existing and proposed Athletic Building c). Mesh guardrail screen fencing in natural green color with steel supports and optional extension 5 Exhibit "C" TC Ordinance No. 9, Series of 2010 (Page 1 of 2) TIMBERLINE CU N URNI Y.I UNIY May 27, 2010 Mr. Chris Conrad Town Planner Town of Snowmass Village Dear Chris, The Timberline Condominiums along with the Laurelwood Condominiums have been working with the Snowmass Village Resort Association (SVRA) on the land transfers. As part of this land transfer, the SVRA mandates a pedestrian easement between the Timberline and Laurelwood Condominiums. This has been agreed upon by all parties involved. Currently this land is owned by Laurelwood but maintained by the Timberline. The two parties have agreed that after the land transfers from SVRA to the Timberline, the Timberline will transfer a sliver with the same square footage connecting the ski slope to this land to the Laurelwood in exchange for a strip of land between the buildings. This will then have the pedestrian easement on both locations. The proposed new pool is located up the hill from this area and in no way obstructs or is in close proximity to this land with the pedestrian easement. If you have any questions, please do not hesitate to contact me. Thank you! Sincerely, Mar H is General Manager Timberline Condominiums Exhibit "C" /ETC Ordinance No. 9, Series of 2010 (Page 2 of 2) L 0 w o Z m T m z ti S t Y{ ""V� moo Z �r 7 t .J m A O m t y O f 5 i t O c in m p 2:5 p m O z co O y C n Z O to A C \1 Z A A vi O w m O �D x 2i A Q DOD W A -gyp �m O N X Z m zl °OZ O O D AA A y m Ao �O rZ1 f�*� Z> 0 \O NO D C —>M2 min 0 �D OZ�() 0 z v AD O C mCA C A A j p A z A O oA o m\ m m A O D0D co m LI) Z D� z -oo o TIMBERLINE CONDOMINIUMS NO. m REVISION By DATE OPRIS ENGINEERING, 1W. m i M p o SNOWMASS VILLAGE, COLORADO I CIM CUNSVLTAM 502 MAIN STREET o SKICO EASEMENT EXHIBIT CARBONDALE, CO 81623 o (970) 704 -0311 FAX: (970)-704-0313 i MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department Jim Wahlstrom, Senior Planner REPRESENTATIVES: Paul J. Taddune, Attorney James Ohlson, The Neenan Company LLC SUBJECT: Public Hearing and Discussion Snowmass Mountain Condominiums Minor PUD Amendment DATE: June 7, 2010 meeting I. PURPOSE: The purpose of this Town Council meeting would be to: a) Attend the SITE VISIT with applicant representatives and staff members at 4:00 PM, Monday, June 7 th Meet at the Snowmass Mountain Condominiums clubhouse Building A at the end of Upper Woodbridge Road; b) At the regular meeting, review the applicant's supplemental correspondence dated May 25, 2010 (see Attachment 1) mainly in response to the Town Council comments made at the May 17, 2010 meeting. The letter primarily addresses the vested rights request, the applicant's willingness to consider another timeframe for vesting, and a clarification of their request regarding the proposed creation of a Parcel M for the future phase Building M; c) Determine if the Development Agreement with the supplemental review procedures for future -phase Building M would be acceptable (see the May 17 report for details); and d) Complete the review of the remaining core issues concerning the proposal pursuant to the staff's analysis and the Planning Commission's findings and recommendations (see the May 17 report for details also see the summarized core issues below). See Attachment 2 of this report for a Comparison Table of the site changes showing the differences from the previous approval in 2008. In the end, Town Council should provide directives to Town staff to determine the findings or conditions to be placed in a subsequent ordinance. Staff finds that the core issues for discussion concerning the amendment include: The effects of the proposed amendment upon the Buildout criteria; The 10 -year vesting request, especially pertaining to future Building M; The phasing of the proposal and its impacts upon 30% slopes (see the Attachment 3 sketch; also reference the latest report from the applicant's geotechnical engineer dated May 11, 2010 in Attachment 5); Employee housing requirements and mitigation for future Building M (previously discussed at the May 17 meeting); Traffic impacts; Parking changes; 1IPage Architectural building elevations and floor plans; The proposed landscape plan replacement; Drainage issues (see the Town Engineer comments in Attachment 4); The design aesthetics of the proposed replacement retaining walls; The proposed Development Agreement for the vesting rights request, including the `model' or arrangement for the future review and consideration of second phase Building M (see the May 17 report for details); Construction management; Parceling of future phase Building M; and The outstanding review comments from referral agencies (also see Attachment 4). II. SUMMARY OF PROPOSED AMENDMENT PROJECT DESCRIPTION: The proposal seeks to amend the previous Final PUD approval granted via Ordinance No. 7, Series of 2008, as generally described in the attached summary comparison table (see Attachment 2) and in more detail in the application notebook and drawings previously provided for the meeting on May 17, 2010. The amendment no longer proposes a decked parking structure, but does propose retaining the previously proposed snowmelting of the surface driveway and parking areas along with the replacement of the existing retaining wall system. No significant additional parking is proposed, unless Building M is constructed in the future. The transportation /emergency turnaround at end of the driveway on Upper Woodbridge Road is still proposed. The application also retains the exterior cosmetic changes for the existing condominiums (Buildings A -L). The number of free market units in new Building M, now proposed as a future phase, would be reduced from 4 to 3 free market units with no restricted housing units in that building. No interior changes are proposed this time in Building A (clubhouse), and the existing manager's unit that is planned to be retained in the interim, would be converted to a restricted unit if Building M is constructed in the future per the applicant's proposed development agreement (see the May 17 report for details). Building A would also retain the conference room and workout room with no conversion of these spaces to affordable units. III. APPLICABLE REGULATIONS: The proposal is being processed as Minor PUD Amendment Application in accordance Section 16A -5 -390 of the Municipal Code together with the referenced Table 5 -3 Criteria for Classifying PUDs as Major or Minor, and Division 3 Planned Unit Development of the Municipal Code. Public notice requirements: The Applicant has met the requirements for publishing, posting and mailing of the Notice as required in Section 16A- 5 -60(b) of the Town of Snowmass Village Municipal Code. The publication notice was printed in the Snowmass Sun on April 28, 2010. The Applicant submitted executed affidavits for the mailing and posting of the hearing notice. As of the writing of this report, staff received one letter dated May 17, 2010 from an adjacent neighbor in Seasons Four (see Attachment 6). 21Page IV. FOLLOW UP DISCUSSION ITEMS FOR CONSIDERATION: The core issues for discussion at the meeting are anticipated to include Addressing the remaining core issues as needed. Per the summary of the core issues listed above, see the staff report of May 17, 2010 for the analyses, findings and recommendations, including those from the Planning Commission per its Resolution No. 2, Series of 2010. Applicant's supplemental response regarding the vesting request. Attachment 1 indicates that the Applicant is willing to consider another approach, such as a five year vesting period with a subsequent review in the fourth or fifth year to consider further extension. If the applicant is willing to consider such an approach, it would seem appropriate that the applicant propose it as an amendment to their development agreement. If a modified vesting period is proposed by the applicant, staff would recommend that the Town Council could accept such five -year vesting as it appears more reasonable in this case. However, per the Municipal Code, the Town Council has total discretion as to whether or not to accept such vesting term, considering both the interests of the applicant as well as the Town. Applicant's supplemental response regarding a Parcel M. The application text references a `discrete parcel' for future phase Building M. Staff earlier understood this statement as referring to a subsequent three dimensional condominium map. Staff then noticed a note on the site plan referring to `Parcel M,' and the application materials made reference to a tab section for a stand -alone metes and bounds legal description for Parcel M. It is now apparent that the applicant wishes to either propose a two dimensional Subdivision Exemption or a Re -plat of the site to create a separate lot for Building M, either for financing purposes and /or to convey the lot to a purchaser. However, the application also did not include a separate section in the PUD Amendment application describing a proposed subdivision exemption or re -plat addressing the Code's review criteria nor did it include a plat drawing prepared by a licensed surveyor in the State of Colorado. As a result of the applicant's re- clarified intent, staff will prepare a draft separate resolution together with the second reading scheduling of the PUD Amendment ordinance. Town Council would need to either consider a subdivision exemption or a re -plat of the property that identifies a lot for future phase Building M, but the applicant should clarify which one is proposed. The resolution would be subject to the applicant subsequently submitting a subdivision or plat drawing depicting such lot, prepared by a licensed land surveyor in the State of Colorado, for subsequent review purposes and acceptance by Town Staff. The proposed landscape plan replacement. See the staff report dated May 17 for details or the analysis, findings and recommendations concerning the landscape plans and its proposed changes. Below for evaluation purposes is a comparison table showing the differences of the plant material quantities and sizes from the original plan in 2008 to the 31Page proposed interim plan for the replacement walls to the final plan incorporating the Building M plant materials: Category Original Interim Final Planting Difference Planting Planting Plan with between Plan 2008 Plan 2010 Building M original and landscaping modified final p lanting plan Colorado Blue 8 5 7 -1 Spruce quantity Quaking 69 34 45 -24 Aspen quantity Total tree 77 38 52 -25 q uantit y Total shrub 129 20 34 -95 q uantit y Colorado Blue 12'— 16' 2" caliper 2" caliper Likely lower Spruce sizes high than 12' in height Quaking 2.5" 4" 2" caliper 2" caliper 0.5 -2.5" Aspen sizes caliper calipers lower Shrub sizes 5 gallon 5 gallon 5 gallon No chap e This does not include the proposed removal or demolition of 15 existing coniferous trees and 40 deciduous trees on the site to make way for the replacement retaining walls and replacement drainage features. The phasing of the proposed project and impacts upon 30% slopes. See the attached Town Engineer comments in Attachment 4 and the updated letter /report from the applicant's geotechnical engineer dated May 11, 2010 (see Attachment 5) addressing the historic drainage patterns and the potential mud and debris flow impacts. The application did not specifically highlight or indicate how future Building M might impact 30% slopes, whether natural or man -made. The applicant would rather address the 30% slope criteria at the time Building M is anticipated to be constructed by submitting an amendment to the proposal at some time in the future. See attached sketch (Attachment 3) prepared by the Planning Department illustrating where the 30% slopes might occur around the proposed Building M placement at the current carport location. Drainage Issues: See the Town Engineer comments in Attachment 4. The Town Engineer plans to be present at the meeting to address the concerns or answer questions concerning the drainage impacts. See the previous report dated May 17, 2010 for the Planning Commission findings and recommendations. Be advised that the resolution of the drainage and Town Engineer comments in 2008 was conditional in the Town Council ordinance and upon compliance with the Code standards. However, a majority of the drainage issues, including fatal flaws, should be resolved prior to final approval or at minimum prior to commencement of construction. 41Page For reference purposes, below are the Municipal Code standards regarding storm drainage: Sec. 16A-4 -250. Storm drainage. (a) General Standard. The integrity of existing and natural drainage patterns shall be preserved in order that the aggregate of future public and private development activities will not cause storm drainage and flood water patterns to exceed the capacity of natural or constructed drainage ways, will not subject other areas to increased potential for damage by flood erosion or sedimentation and will not pollute natural streams. New development shall provide for structures and /or detention facilities necessary to ensure that run -off characteristics of a site after development are no more disruptive to natural streams, land uses or drainage systems than are the run -off characteristics calculated for the site's natural state. In cases where storm runoff from an upstream source passes through the subdivision, the drainage plan shall provide adequate means for maintaining the historical drainage system. (b) Drainage Plan Required. A drainage plan shall be submitted as part of the development application, to include anticipated discharge volumes and general technique for conveying storm waters through the site. The drainage plan shall be prepared to meet the specifications of the Town Engineer, and shall be as approved by the Town Council. (c) Reference to Water Quality Standards. Applicants are also referred to Section 16A -4 -30, Brush Creek Impact Area, and Section 16A -4 -40, Floodplain and Wetland Areas, for additional standards that are applicable to managing runoff from development sites. (Ord. 4 -1998 §1; Ord. 7 -2000 §1) V. MISCELLANEOUS ITEMS Attachments 1. Applicant's supplemental letter dated May 25, 2010, mainly in response to the Town Council comments on May 17, 2010; 2. Comparison Table of the site changes; 3. 30% slopes sketch prepared by the Planning Department illustrating where the steep slopes might occur around the proposed Building M location; 4. Outstanding review comments from Town Departments and outside referral agencies /districts; 5. Updated report/ letter from CTL Thompson dated May 11, 2010; and 6. Public comment received from Shirley A. Millard dated May 17, 2010. Previous Handouts for reference (provided for the May 17, 2010 meeting) Minor PUD Amendment Application Notebook dated January 6, 2010 and received January 8, 2010 and updated January 26, 2010; and Photos from staff site visit on February 9, 2010, provided for reference and orientation purposes (see the inside front cover of application notebook) Vl. NEXT STEPS: Based upon the discussions, Planning Staff would prepare an Ordinance, as may be directed by the Town Council, which outlines the findings and conditions concerning the proposed Snowmass Mountain Condominiums Minor PUD Amendment application. 5 1Pagc r ATTACHMENT 1 TC mtg: June 7, 2010 LAW OFFICES OF PAUL J. TADDUNE, P.C. PAUL J. TADDUNE AFFILIATED OFFICE 323 WEST MAIN STREET, SUITE 301 FOWLER, SCHIMBERG FLANAGAN, P.C. ASPEN, COLORADO 81611 1640 GRANT STREET, SUITE 300 TELEPHONE (970) 925 -9190 DENVER, COLORADO 80203 TELEFAX (970) 925 -9199 TELEPHONE (303) 298 -8603 INTERNET: taddune@compuserve.com TELEFAX (303) 298 -8748 May 25, 2010 HAND DELIVERED p gT SRI A P I Mayor Boineau Members of the Snowmass Village Town Council MAY 2 6 2010 P.O. Box 5010r��� Snowmass Village, CO 81615 a HAND DELIVERED AND VIA E -MAIL James Wahlstrom (E -mail: jwahlstrom @tosv.com) Chris Conrad (E -mail: cconrad @tosv.com) Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 RE: Snowmass Mountain Condominiums Application for Minor PUD Amendment Dear Mayor Boineau and Members of the Town Council and Planning Staff: Please accept this letter as a clarification of the application submitted by Snowmass Mountain Condominiums (hereinafter "SMC concerning the construction project discussed at the Town Council meeting on May 17, 2010. This letter should be considered a sup plement to or an amendment to the portion of the application requestingfi) an extension of vested righis for 10 years, and (ii) the creation of a discrete, subdivided parcel for Building M, as requested in the letter dated January 22, 2010 (paragraph c included as Enclosure #1) in the submission, a copy of which is also attached hereto with the pertinent paragraph being highlighted. Let me again extend, on behalf of SMC, a sincere thank you for all the time and attention that you have given and continue to give to this application. Of significant importance at this time in the application process are the serious safety concerns presented by the failing retaining walls and the need to replace these retaining walls prior to the occurrence of a potentially devastating shifting of soils and /or buildings. Therefore, SMC requests your approval to allow this construction and renovation project to proceed in an efficient and prudent fashion. Concerning the issue of vested rights, in order to facilitate /expedite the project, SMC is agreeable to amending its application to a period of time that the Town Council deems appropriate. Mayor and Members of Snowmass Village Town Council Snowmass Village Planning Department May 25, 2010 Page 2 While SMC proposes a ten year vesting period, SM C will certainly consider such other approaches that the Town Council deems�acceptable and rea Y nable, s uch as a five no year vesting pe _..m, d with a review in the fourth or fifth year to consider an further extension An extension should track customary requirements of I enders which might provide financing for the project and for which the Building M parcel might be collateral. In the May 17, Town Council meeting, I did not clarify that the "draft" development agreement provides for a review by staff and Town Council of any final plans for Building M before a building permit would be issued. The proposed development agreement also provides that the affordable housing deed restriction is a prerequisite to the issuance of a building permit. Also enclosed is a copy of 24 -68 -101, et seq., Colorado Revised Statutes, that provides for a three year vesting for a site specific development plan. A planned unit development is deemed to be a site specific development plan. A vested property right means the right to undertake and complete the development and use of the property under the terms and conditions of the approved site specific development plan during the vesting period. The legislative declaration in 24 -68 -101 sets forth the following purposes and findings for granting vesting rights that are particularly persuasive and relevant to the SMC application: To ensure reasonable certainty, stability and fairness in the land use planning process and in order to stimulate economic growth, secure the reasonable investment backed expectations of land owners and foster cooperation between the public and private sectors in the area of land use planning; To promote the goals set forth above in a manner consistent with Section 3 of Article II of the state constitution, which guarantees to each person the unalienable right to acquire, possess, and protect property. Generally speaking, a vested property right, once established, precludes any zoning or land use action by a local government that would alter, impair, prevent, diminish, impose a moratorium on development or otherwise delay the development or use of the property as set forth in a site specific development plan 24 -68 -105). A site specific development plan that is vested shall be governed only by the duly adopted laws and regulations in effect at the time the application is submitted to a local government 24- 68- 102(5)). However, the establishment of a vested property right does not preclude the application of ordinances or regulations which are general in nature and applicable to all properties subject to land use regulation by a local government, including, but not limited to, building, fire, plumbing, electrical and mechanical codes 24 -68 -105) Section 24 -68- 104(2) addresses the ability of local governments to enter into development agreements with landowners to provide that the property rights shall be vested for a period exceeding Mayor and Members of Snowmass Village Town Council Snowmass Village Planning Department May 25, 2010 Page 3 three years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. These factors are particularly compelling considering the current economic downturn and SMC's need to replace the deteriorating railroad ties which support the condominium buildings and prevent the buildings from shifting. Section 24 -68 -103 provides that any ordinance or resolution adopted by a local government with regard to vested rights shall be consistent with the provisions of this state statute. Local government means any city or town, whether statutory or home rule 24 -68- 102(2)). Section 16A -5 -90 of the Snowmass Land Use Code, a copy of which is attached, tracks the state statute. Paragraph A provides for a vested property right consistent with the provisions of Section 24 -68 -101, et seq., C.R.S., as discussed above. The term of the vested right shall remain so vested for a period of three years unless extended by the Town Council in its complete discretion on a case by case basis. The Town Council shall consider both the needs of the Town and the property owner in determining to extend a vested property right beyond three years. Any such extension shall be in the form of a development agreement duly authorized and executed by the land owner or land owners involved and approved by ordinance. The Town Council may impose reasonable conditions upon any such extension. As I stated at the meeting, the notion of vested property rights does not necessarily mean that a specific development plan is only valid during the vesting period and thereafter expires. However, as pointed out by John Dresser, Section 16A- 5- 360(c)(5)(6) provides as follows with regard to the length of time a PUD approval remains in effect: Approval of the final PUD plan shall confer upon the owner of all or a portion of such property the right to apply for a building permit for development that is consistent with the limitations, restrictions, conditions and parameters set forth in the final PUD plan. Following the recording of the final plat, the applicant shall be authorized to convey individual ownership interests. Final PUD approval shall remain in effect for a period of up to, but not more than, three years unless the time frame is extended by the Town Council. While SMC's application requested vested rights for a ten year period, it does not specifically address this section. Since architectural plans and designs for Building M have previously been approved by the Town Council but Building M cannot be constructed at this time due to economic conditions which have depressed the entire global financial markets, SMC requests relief from this provision so that approvals for Building M do not expire and so that this component of the project might in the future be constructed. In fact, it is difficult to understand how this section plays as a Mayor and Members of Snowmass Village Town Council Snowmass Village Planning Department May 25, 2010 Page 4 practical matter; for example, is the final, recorded PUD plat deemed to be only in effect for three years even if the entire project is built out within this time frame? With regard to the creation of Parcel M, Section 16A -5- 420(9) of the Snowmass Land Use Code provides as follows concerning the consolidation of subdivision and PUD review: If the application requests both subdivision and planned unit development approval, and in lieu of the above procedures, the subdivision application shall be considered at the same time and following the same procedures as preliminary plan review by the planning commission and final PUD plan review by the town council. In light of this Section, SMC has assumed that the creation of a separate parcel for Building M is addressed in the application. Again, thank you for your time, attention and understanding. Very truly yours, PAUL J. TADDUNE, P.C. Paul J. Taddune PJT:nwe cc: John Dresser, Esq. Enclosures amhr struct€onm January 22, 2010 www.naenan.e�m Mr. Chris Conrad, Planning Director Town of Snowmass Village P.O. Box 5010 Snowmass Village, CO 81615 Mr. Jim Wahlstrom, Senior Planner Town of Snowmass Village P.O. Box 5010 Snowmass Village, CO 81615 =5. Subject: Approval of Minor PUD Amendment for Snowmass Mountain Condominium Dear Chris and Jim: Please accept this correspondence as an Application by the Snowmass Mountain Condominium Association, Inc. and the Owners of units in Snowmass Mountain Condominiums (collectively "Snowmass Mountain for an amendment to the approval granted Snowmass Mountain by Ordinance 08 -07: Snowmass Mountain seeks to amend the prior approval by deleting the proposal for a parking garage and conference center, which proved to be prohibitively expensive. In its place, Snowmass Mountain proposes to install a retaining structure. It is Snowmass Mountain's intent to retain the approval of a reduced Building "M" to serve primarily as a financing vehicle to fund the exterior renovation, retaining wall replacement, traffic turn around, and other similar improvements. Snowmass Mountain also proposes to significantly reduce the design concept for Building "M" to three (3) units, which will :1 only be built by Snowmass Mountain if determined to be financially feasible and approved by the Snowmass Mountain membership. At this time the approval for Building M would serve as collateral for the financing of the retaining structure. For this reason, Snowmass Mountain seeks an extended period of vested rights of not less than ten (10) years. This application retains the concept of an upgraded vehicle turnaround that will enhance transportation flow and public safety, In addition, Snowmass Mountain intends a comprehensive exterior renovation. The following items represent the changes being proposed to the approved PUD with this amendment: A. Replacement of existing retaining wall: !mo o. As part of this amendment Snowmass Mountain will be installing two retaining r systems that will act as a global stability system for the complex. The existing timber retaining wall is failing and must be replaced. This proposal will introduce Mouritaiin'DWIslo 1317 Grand Avenue #10i I lenwood Springs, Co 8601 1 970.�J 1 Fox:,970;945.7250 arahikrvcUow§ anew global stability system and anew Mechanically Stabilized Earth (MSE) www.neenan.cem block retaining wall. The new soil anchor system will be installed and located per drawings in enclosure #15. The new MSE retaining wall will be installed to the east of soil anchor system. The MSE wall will be the final visible product to the homeowners and guests of Snowmass Mountain. The MSE wall will be placed to facilitate a new bus turn around per the request and requirements of the Town of Snowmass Village Transportation Department (David Peckler). As part of the construction of the global stability system and MSE retaining wall Snowmass Mountain plans to install new stair access to buildings A and H -L. B. New drive surface with snowmelt system and realignment of entry: A concrete slab with an integrated hydronic snowmelt system will be installed. The new snowmelt system will be throughout the new drive surface as indicated a on drawings in enclosure #15. The entry to SMC will be realigned to help increase the line of site for drivers entering and exiting the property. This realignment can be seen on drawings in enclosure #15. As part of this realignment a portion of the existing 30% slope will be disturbed. This 30% slope located with -in the existing timber planters located on the west side of the entry. This will be replaced by a soil nail system with a hand trowel finish. The area will re- landscaped per drawings in enclosure #16. As part of the snowmelt system the north end of the existing carport, trash and =x storage room will be demolished and rebuilt to house the trash and a new L mechanical room for the snowmelt boiler. The parking area and the storage at the end of the parking stalls will remain. The Snowmass Mountain Condominiums HOA also seeks approval for minor drainage work at the Snowmass Mountain Condominiums entry. The applicant has been informed by Town staff that the Town owns the entry right of way. To the extent that any such work might affect property within the Woodbridge Condominiums complex, The Woodbridge has given its verbal consent. A written letter of consent from the Woodbridge HOA, to the extent required, will be forthcoming C. Maintaining the right to build Building M in the future: The approved Building "M included four (4) for sale units, one (1) AHU,, and a new office, with a total F A.R...square footage of 10,297: At the time of the pervious approval by the Town of Snowmass Village the,Snowmass real estate market was at its peak, because of this market, the Association believed that th. sale of the units could off set the cost for the construction of the retaining wall, parking garage and associated improvements. The Snowmass Mountain �4 moulita lb DIVISIO'h i3 .7 'Grad Avenue #10i I Glenwood Springs, C0 $1.501 1 970.945.7240 1 Fax; 970.945.7250 �i'�histYUefiOn� .neanan.com Condominiums, Association desires to retain the notion of a future Building "M" on a, discrete parcel allocated for such 'purposes as a means of providing collateral to finance the construction.of the, re- designed retaining structure. Therefore, the Association proposes to amend this portion of the PUD to set forth only general parameters at this point for the purposes of the approval, and hold construction and specific design in abeyance until such time as the Association actually decides, if at all, to construct new units. Building "Was part of this submittal will include the following: Three (3) for sale units Total FAR of 7,500 square feet Kid Total height of 33' -0" from existing grade ;r G =.r See Enclosure #15 for drawings =a Any supplemental application pertaining to Building "M" will include documentation as to the area and amount of encroachment into any 30% slope on site, well as an appropriate analysis and report from a geotechnical engineer with regard to any proposed intrusion into the 30% slope. k=: Snowmass Mountain Condominiums Association does not seek a permit to construct Building "M" as part of this application. 43 D. Utility replacement: Utilities will be replaced under the new drive surface and where needed to tie into existing lines on site. Utility locations can be found on drawings in enclosure #14. E. Previously approved Building A redevelopment: Ordinance 08 -07 authorized the following changes to Building "A The renovation of the existing managers unit for free market sale; conversion of the existing conference room and office into a three (3) bedroom AHU; converting the existing work out room into a studio AHU This amendment now proposes that there will be no internal work to Building "A" unless required in the future. All existing units and Association spaces will be Af maintained in their current configurations. This amendment does, however, entail an exterior renovation of Building "A F. Previously approved Parking garage and meeting rooms: 'Af liilour talk D vislon 1317 Grand Avenue# 101 1 Glenvnood Springs,.W 81601 1 970.945.7140 1 Fax: 970945.7250 24 -67 -107 Government State Title 24 page 1360 use planning process for public entities, except with the purposes of both the planning act and in those circumstances in which the planning act' the PUD act. Hygiene Fire Prot. Dist. v. Bd. of so provides. Further, requiring fire protection County Comm'rs of Boulder County, P.3d district to comply only with 30 -28 -110 in (Colo. App. 2008). order to build new fire station is fully consistent 24 -67 -107. Application and construction of article. (1) The provisions of this article shall apply to. home rule municipalities unless superseded by charter or ordinance enactment. (2) Any. county or municipality which has enacted, prior to May 21, 1972, a resolution or ordinance providing for planned unit developments may continue to follow the provi- sions established therein, and any amendments thereto in lieu of electing to follow the provisions of this article. (3) Nothing in this article shall be construed to impair, affect, or invalidate any rights vested in connection with planned unit developments for which applications were filed prior f to May 21, 1972_ t (4) Nothing in this article shall be construed to waive the requirements for substantial compliance by counties and municipalities with the subdivision requirements of part 1 of article 28 of title 30 and part 2 of article 23 of title 3,1, C.R.S., respectively, and appropriate regulations promulgated 'thereunder. Counties and municipalities, including home rule cities, shall comply with the requirements of article 65.5 of this title. Subdivision regula- tions applicable to planned unit developments may differ from those otherwise applicable. In order to facilitate processing of applications, however, a county or municipality, pursuant to resolution or ordinance, may provide for concurrent or simultaneous processing of <z< planned unit development and subdivision applications. (5) No county or municipality shall adopt pursuant to this article any resolution or ordinance which limits development exclusively to planned unit development districts. (6) This article shall be liberally construed in furtherance of the purposes of this article and to the end that counties and municipalities shall be encouraged to utilize planned unit developments. Enactment of this article by the general assembly is declared to be for the purpose of supplementing the provisions of art 1 of article 28 of title 30 and article 23 of PmP PP g P P l title 31, C.R.S., as the same relate to and authorize planned unit, developments. Source: L. 72: p. 513, 1. C.R.S. 1963: 106 -6 -7. L. 75: (4) amended, p. 1271, 8, effective July 1. L. 2001: (4) amended, p. 490, 3, effective July 1. w ANNOTATION Law reviews. For article, 71974 Land Use Planned Unit Development Act of 1972 Legislation in Colorado see 51 Den. L. J. 467 held not to apply to case where home rule city (1974). For article, "Unrecorded PUD Plans: adopted its own planned unit development On the Frontier of New Diligence Colo. Law. ordinance. South Creek Associates v. Bixby, 1089 (1990). 181 R. d 1027 (Colo. 1989). department 24 -67 -108. Model resolutions subdivisions improvement notices. The de P P of local affairs shall develop model resolutions and ordinances to serve as guidelines for counties and municipalities in enacting enabling resolutions and ordinances pursuant to this article. Source: L. 72: p. 513, 1. C.R.S. 1963: 106 ARTICLE 68 Vested Property Rights Law reviews: For article, "Vested Property Rights in Colorado: The Legislature Rushes in Where see 66 Den. U.L. Rev. 31 (1988); for article, "Colorado Establishes a Statutory �i 0 Title 24 page 1361 Vested Property Rights 24 -68 -102 d °i Vested Property Rights Scheme see 17 Colo. Law. 263.(1988); for article, "Changes to Colorado's )f Vested Property Rights Law see 28 Colo. Law. 83 (July 1999). b fr 24-68 -101. Legislative declaration. 24-68 -104. Vested property right dura- 1 24 -68 -1,02. Definitions. tion termination. 24 68- 102.5. Applications a -68 -105. Subsequent regulation prohib- approval by 24 n' s local government. ited exceptions. x 24 -68 -103. Vested property right estab- 24- 68406. Miscellaneous provisions. lishment waiver. 24 -68 -101. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) It is necessary and desirable, as a matter of public policy, to provide for the s establishment of vested property rights in order to ensure reasonable certainty, stability, and r fairness in the land use planning process and in order to stimulate economic growth, secure fl= the reasonable investment- backed expectations of landowners, and foster cooperation 1 between the public and private sectors in the area of land use planning. f (b) The ability of a landowner to obtain a vested property right after local governmental �l approval of a site specific development plan will preserve the prerogatives and authority of f w. local government with respect to land use matters, while promoting those areas of statewide concern described in paragraph (a) of this subsection (1). (c) The establishment of vested property rights will promote the goals specified in this t subsection (1) in a manner consistent with section 3 of article II of the state constitution, i, which guarantees to each person the inalienable right to acquire, possess, and protect y property, and is therefore declared to be a matter of statewide concern. Source: L. 87: Entire article added, p. 1837, 1, effective January 1, 1988. 24 -68 -102. Definitions. As used in this article, unless the context otherwise requires: (1) "Application" means a substantially complete application for approval of a site specific development plan that has been submitted to a local government in compliance with applicable requirements established by the local government. For local governments that have provided for the review and approval of site specific development plans in multiple stages, "application" means the original application at the first stage in any process that may culminate in the ultimate approval of a site specific development plan. (1.5) "Landowner" means any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assigns of such ownership interests. (2) "Local government" means any county, city and county, city, or town, whether statutory or home rule, acting through its governing body or any board, commission, or agency thereof having final approval authority over a site specific development plan, including without limitation any legally empowered urban renewal authority.. (3) "Property" means all. real property subject to land use regulation by a local government. (4) (a) "Site specific development plan" means a plan that has been submitted to a local government by a landowner or such landowner's representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but need not be limited to, any of the following plans or approvals: A planned unit development plan, a subdivision plat, a specially planned area, a planned.building group, a general submission plan, a preliminary or general development plan, a conditional or special use plan, a development agreement, or any other land use approval designation as may be utilized by a local government. What constitutes a site specific development plan under this article that would trigger a vested property right shall be. finally determined by the local government either pursuant to ordinance or regulation or upon an agreement entered into by the local government and the landowner, and the document that triggers such vesting shall be so identified at the time of its approval. (b) "Site specific development plan" shall not include a variance, a preliminary plan as defined in section 30 -28 -101 (6), C.R.S., or any of the following:x sr 24 -68 -102.5 Government State Title 24 page 1362 (1) A sketch plan as defined in section 30 -28 -101 (8), C.R.S.; (11) A final architectural plan; (III) Public utility filings; or (IV) Final construction drawings and related documents specifying materials and methods for construction of improvements. (5) "Vested property right" means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan. Source: L. 87: Entire article added, p. 1838, 1, effective January 1, 1988. L. 99: (1) and (4) amended and (1.5) added, p. 860, 1, effective May 24. 24 -68- 102.5. Applications approval by local government. (1) Except as otherwise provided in subsection (2) of this section, an application for approval of a site specific development plan as well as the approval, conditional approval, or denial of approval of the plan shall be governed only by the duly adopted laws and regulations in effect at the time the application is submitted to a local government. For purposes of this section, "laws and regulations" includes any zoning law of general applicability adopted by a local govern- ment as well as any zoning or development regulations that have previously been adopted for the particular parcel described in the plan and that remain in effect at the time of the application for approval of the plan. (2) Notwithstanding the limitations contained in subsection (1) of this section, a local government may adopt a new or amended law or regulation when necessary for the immediate preservation of public health and safety and may enforce such law or regulation in relation to applications pending at the time such law or regulation is adopted. Source: L.. 99: Entire section added, p. 861, 2, effective May 24. k 1, t.: 24 -68 -103. Vested property right establishment waiver. (1) (a) Each local government shall specifically identify, by ordinance or resolution, the type or types of site specific development plan approvals within the local government's jurisdiction that will I cause property rights to vest as provided in this article. Any such ordinance or resolution shall be consistent with the provisions of this article. Effective January 1, 2000, if a local I government has not adopted an ordinance or resolution pursuant to section 24 -68 -102 (4) t specifying what constitutes a site specific development plan that would trigger P p p a vested r. property right, then rights shall vest upon the approval of any plan, plat, drawing, or sketch, however denominated, that is substantially similar to any plan, plat, drawing, or sketch listed in section 24 -68 -102 (4). (b) A vested property right shall be deemed established with respect to any property upon the approval, or conditional approval, of a site specific development plan, following k notice and public hearing, by the local government in which the property is situated. (c) A vested property right shall attach to and run with the applicable property and shall E confer upon the landowner the right to undertake and complete the development and use of i said property under the terms and conditions of the site specific development plan including any amendments thereto. A local government may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested property right, although failure to abide by such terms and conditions will result in a'forfeiture of vested property rights. A site specific development plan shall be deemed approved upon the effective date of the local government legal action, resolution, or ordinance relating thereto. Such approval shall be subject to all rights of referendum and judicial review; except that C the period of time permitted by law for the exercise of such rights shall not begin to run until a the date of publication, in a newspaper of general circulation within the jurisdiction of the C local government i g granting the approval, of a notice advising the general public of the site specific development plan approval and creation of a vested property right pursuant to this article. Such publication shall occur no. later than fourteen days following approval. t Title 24 page 1363 Vested Property Rights p rt 3 g 24 -68 -106 (2) Zoning that is not part of a site specific development plan shall not result in the j creation of vested property rights. Source: L. 87: Entire article added, p. 1838, 1, effective January 1, 1988. L. 99: (1) amended, p. 861,'§ 3, effective May 24.. 24 -68 -104. Vested property right duration g termination. (1) A property right which has been vested as provided for in this article shall remain vested for a period of thee; years. This vesting period shall not be extended by any amendments to a site specific development plan unless expressly authorized by the local government. x: (2) Notwithstanding the provisions of subsection (1) of this section, local governments are hereby authorized to enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the ;f development, economic cycles, and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum. (3) Following approval or conditional approval of a site specific development plan, M' nothing in this article shall exempt such a plan from subsequent reviews and approvals by s the local government to ensure compliance with the terms and conditions of the original approval, if such reviews and approvals are not inconsistent with said original approval. Source: L. 87: Entire article added, p. 1839, 1, effective January 1, 1988. 24 -68 -105. Subsequent regulation prohibited exceptions. (1) A vested property right, once established as provided in this article, precludes any zoning or land use action by a local government or pursuant to an initiated measure which would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the develop ment or use of the property as set forth in a site specific development plan, except: (a) With the consent of the affected landowner; (b) Upon the discovery of natural or man -made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of site specific development plan approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare; or (c) To the extent that the affected landowner receives just compensation for all costs, expenses, and liabilities incurred by the landowner after approval by the governmental e for development entity, including, but not limited to, costs incurred in preparing the sit consistent with the site specific development plan, all fees paid in consideration nt of financing, and all architectural, planning, marketing, legal, and other consultants' fees, together with interest thereon at the legal rate until paid. Just compensation shall not include any diminution in the value of the property which is caused by such action. (2) The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by a local government, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. l' Source: L. 87: Entire article added, p. 1839, 1, effective January 1, 1988. L. 95: lP(1) and (1)(c) amended, p. 1153, 1, effective May 31. k k 24 -68 -106. Miscellaneous provisions. (1) As used in this article, the term "devel- opment" includes redevelopment. (2) A vested property right arising while one local government has jurisdiction over all or part of the property included within a site specific development plan shall be effective against any other local government which may subsequently obtain or assert jurisdiction over such property. (3) Nothing in this article shall preclude judicial determination, based on common law principles, that a vested property right exists in a particular case or that a compensable taking has occurred. �Pr 24 -70 -101 Government State Title 24 page 1364 Title 24 (4) This article shall apply only to site specific development plans approved on or after required a January 1, 1988. city ti Source: L. 87: Entire article added, p. 1840, 1; effective January 1, 1988. advertise for by o specific PUBLICATION OF LEGAL NOTICES AND PUBLIC PRINTING (3) advertise ARTICLE 70 for by a Publication of Legal Notices and Public Printing Soun Law reviews: For note, "Analysis of Basic Statutes on Legal Publications see 19 Rocky Mt. L. CRS 5`. Rev. 380 (1947). effective PART 1 24 -70 -207. Delivery of sealed bids. 24-7( 24-70 -208. Bid guarantee opening bid. daily e: LEGAL NOTICES PUBLICATION 24 -70 -209. Letting of contract bond. excepti� 24 -70 -210. Law constitutes part of con- to be a 24-70 -101. Definitions. tract. times e: 24 -70 -102. Legal publications. 24 -70 -211. Right to print, publish, and sell printed 24 -10 -103. Requisites of legal newspaper. state laws and supreme court be a set 24 -70 -104. Publication of proposed consti- and court of appeals reports. tutional amendments and ini- 24 -70 -212. Quality of paper. once ea tiated and referred bills. (Re- 24 -70 -213. State purchasing agent to mea- matter pealed) sure printing and keep admitte 24 -70 -105. Proof of publication. records. (Repealed) 24 -70 -106_. Competency of newspapers 24 70 -214. Invoices to be made in dupli= Sow publication periods con- cate. (Repealed) 449 strued. 24 -70 -215. Requisitions for printing. p. 102: 24 -70 -107. Rates for legal publications. 24 -70 -216. When governor may set aside p. 24 -70 -108. Designation of legal newspa- bid. per. 24 -70 -217. Who prohibited from holding Cros 24 -70 -109. Legal notices contents re- contract. quirements in the case of a 24 -70 -218. Attorney general to bring "ac- foreclosure sale or a sale by a tion, when. public trustee. 24 -70 -219. Annulment of contract. Sect 24-70 -220. Penalty for bribe. courts PART 2 24-70 -221. Account not approved, when. 24-70 -222. Blank pages. PUBLIC PRINTING 24 -70 -223. Publication of session laws. 24 2470 -224. Official list designation and tiseme 24 -70 -201. Definitions. disposition of session laws. newsp 24 -70 -202. Executive director of the de- 24 -70 -225. Session laws sale price. in whi partment of personnel to su- 24-70 -226. Report of sales. sectiu pervise. 24-70 -227. Secretary to deliver to succes- public 24 -70 -203. Classes of printing. sor. (Repealed) 24 -70- 203.5. Printing paper specifications. 24 -70 -228. Penalty. edly c 24-70 -204. Specifications. 24-70 -229. Publications of educational in- therec 24-70 -205. Contracts for public printing. stitutions. shall 1 24 -70 -206. Bids specifications. 24 -70 -230. Remedies. or ad' whicl PART 1 by sui be co LEGAL NOTICES'- PUBLICATION (2) burin Law reviews: For article, "Publication of Legal Notices by Colorado Municipalities see 22 Colo. same Law. 59 (1993). news withi 24 -70 -101. Definitions. As used in this part 1, unless the context otherwise requires: publi (1) "Legal notice" or "advertisement" means any notice or other written matter other Art. V, Div. 1, Common Review Procedures §16A- 5 -80(b) (b) Written Appeal. An appeal of an action See. 16A -5 -90. Vested property rights. by a decision making body shall be submitted in writing to the Planning Director within fifteen (a) General. Consistent with the provisions (15) days after the date of the decision being of Section 24 -68 -101 el seq., C,R.S., a vested appealed. The written appeal shall state the basis property might shall attach to and run with the of the appeal in detail, and the relief that is applicable real property upon the approval of a requested, and shall include any materials or evi- site specific development plan. dente to support the appeal. (b) Site Specific Development Plan. A site (c) Standing to Appeal. The following per- specific development plan, for the purpose of sons shall be deemed to have standing to submit vesting a property right under Section 24-68 an appeal: 102(4), C.R.S., shall specifically include the fol- lowing: (1) Applicant. The applicant or the owner of the property; (1) Final PUD plan. A final planned unit development plan approved pursuant to Article (2) Person who testified. Any parties in V, Division 3, Planned Unit Development. interest who testified at the public hearing on the application; or (2) Subdivision. A final plat of a subdi- vision approved pursuant to Article V, Divi- (3) Person who submitted written com- sion 4, Subdivision Regulations. meats. Any parties in interest NN1110 submitted written comments on the application before (3) Special review. A special review use final action was taken, excluding persons who approved pursuant to Section 16A -5 -230, Spe- only signed petitions or form letters. cial Review. (d) Procedure. The appeal shall be heard by Where none of the foregoing approvals is the body authorized to hear the appeal at a regu- required by the nature of an application for any larly scheduled meeting within thirty (30) days land use approval, the final approval granted by after the date of the fling of the written appeal. resolution of the Town Council shall be deemed The Planning Director shall inform the applicant, a site specific development plan, except that the appellant, and anyone who testified at the under no circumstances shall a variance be public hearing or submitted written comments on deemed to be a site specific development plan. the application of the date, time and place of the Furthermore, the establishment of a zoning des meeting. The body hearing the appeal shall either ignation or a zone district with respect to any affirm, affirm with modifications or reverse the real property, either original or by an amend original action. The original action shall only be ment to the Official Zone District Map or to the modified or reversed if it is determined that: (1) text of this Development Code, shall not consti- there is not substantial evidence in the record to tute a site specific development plan, unless the support the original decision, or (2) the original amendment is approved simultaneously with any action was inconsistent with the applicable provi- of the specific types of approvals listed above, lions of this Land Use and Development Code. The decision of the appellate body shall be final (c) Conditional Approval. Approval of a and shall not be further appealed, but may be site specific development plan may be made subject to review by the courts pursuant to law. with or without condition, and the failure to fully (Ord. 4-1998 §l; Ord. 15 -2000 I) abide by the terms of any conditional approval will result in a forfeiture of a vested property right. 16A -101 Stipp. 6 Art. V, Div. 1, Common Review Procedures §16A- 5 -94(d) (d) Term of Vested Right. Rights which have been vested as provided: herein shall remain so vested for a period of three (3) years, unless extended by the Town Council in its complete discretion on a case- by -case basis. The Town Council shall consider both the needs of the Town and the property owner in determining to extend a vested property right beyond three (3) years. Any such extension shall be in the form of a development agreement duly authorized and executed by the landowner or landowners involved and approved by ordinance. The Town Council may impose reasonable conditions upon any such extension.' (e) Applicability of Other Town Codes. The establishment of a vested property right shall not exempt the property owner from requirements for building permits other necessary permits or other approvals required subsequent to the approval of a site specific development plan. The establishment of a vested property right shall not preclude the application of the requirements of the building code, fire code, plumbing code, electrical code, mechanical code or other requirements necessary for the protection of the public health, safety and welfare. (f) Judicial Review. Approval of a site specific development plan shall be subject to judicial review, and the period of time permitted by law for the filing of any such action shall begin to run from the date of site specific development plan approval. (g) Approvals Granted Prior to June 1, 1988. The provisions of this Section shall not apply to any site specific development plan or other land use approval granted prior to June 1, 1988. The applicable law on the date of such prior approval shall apply to such projects. (Ord. 4 -1998 t; Ord. 15 -2000 t 16A -102 Supp. 6 Art. V, Div. 3, Planned Unit Development §16A -5 -360 1 Sec. 16A- 5- 360.'! 'Final plan. been submitted, describing how the associa- J tion will maintain any common open space? (a) Purpose. The purpose of final plan review is for the applicant to provide the Town (c) Final Plan Review. The following pro with documentation of how the PUD will corn- cedures shall apply to an application for review of ply with all of the representations made during a final PUD plan. These procedures are illustrated the application process, and will address all in Figure 5 -5, Final PUD Application Procedures. issues or concerns raised during that process. This documentation shall include a final devel- (1) Pre application conference. Atten- opment plan, a guarantee of public improve- dance at a pre application conference is ments and covenants, as applicable. The final optional,, but recommended, prior to submis- development plan shall specify the zone district sion of an application for final PUD plan limitations and development regulations that will review. guide the future development of the property. This may be referred to as the "PUD Guide." (2) Submission of application. The applicant shall submit an application to the (b) Final Plan Review Intent and Issues. Planning Director that contains the following The questions the Planning Commission (if materials: required) and Town Council should fully resolve during review of the final plan (depending upon a. Minimum contents. The minimum the size and complexity of the proposal) include contents for any application, as specified in the following: Section 16A- 5- 40(b), Minimum Contents. (1) Response to preliminary plan condi- b. Final plat. A final subdivision plat tions. Has the applicant provided detailed, that conforms to the specification of Sec sufficient and appropriate responses to each tion 16A -5- 430(3), Plat. of the conditions identified applied to the preliminary plan? c. Other drawings. Final versions of such other drawings as may be required to (2) Agreements and guarantees. Has the document the approved final PUD plan, applicant submitted an adequate subdivision such as the final development plan, final improvements agreement and pledge of landscaping /grading plan, final architec- security to guarantee the performance of any turai plan and final utility plan. The final. public improvements required by the Town? development plan shall specify the zone district limitations and development (3) Other plans and documents. Has the regulations that will guide the future applicant submitted such other documents development of the property. This may (final development plan, final landscaping be referred to as the "PUD Guide." plan, final grading plan, final utility plan and final architectural plan) that set out the speci- d. Covenants. A final version of the (cations for all relevant features of the homeowner's association or condominium development proposal? Has a final version association documents or covenants as of the homeowner's association or condo- applicable, describing how the association minium association documents or covenants will maintain any common open space. 16A -147 Supp. 6 Art. V, Div. 3, Planned Unit Development §I6A- 5- 360(c)(2) e. Guarantee of public improvements. (100 of the current estimated cost of the improvements described 1. Applicant is responsible for in the agreement, which estimate public improvements. The applicant shall be approved by the Town shall be responsible for constructing or Engineer. providing public improvements that are necessary for the development. b) Form of security. The The applicant shall also be responsible pledge of security may, at the for submitting a guarantee for said option of the Town, be in the form improvements, in a form and amount of a mortgage on real property, satisfactory to the Town. cash escrow, security bond, irrevo- cable letter of credit from a finan- 2. Required public improvements. cially responsible lending institu- Required public improvements include: tion, adequate construction loan permanent survey monuments, range commitment on which the Town is points and lot pins; paved streets; curbs, permitted to draw, evidence of folly gutters, sidewalks, trails and other prepaid construction contracts, or pedestrian ways; paved alleys; traffic- any combination of the above satis- control signs, signals or devices; street factory to the Town; provided that lights; street naive signs in accordance the Town shall have the uncondi- with Town design standards; water lines tional and irrevocable right upon and fire hydrants; bridges or culverts; default by the applicant to with storm drainage improvements and storm draw or acquire funds upon sewers; sanitary sewers; electrical lines; demand to partially or fully com- telephone lines; natural gas lines; and plete and /or pay for any improve landscaping. In the event that additional merits. In no case shall the Town improvements or items are required, be obligated, pursuant to any sub they shall also be guaranteed in the division improvements agreement, manner provided below. to complete any improvements due to the applicant's default if the 3. Subdivision improvements agree- security should be determined ment. The guarantee of public improve- inadequate. merits shall be in the form of a written subdivision improvements agreement c) Agreement to repair. The and pledge of security for performance subdivision improvements agree of such agreement. The subdivision ment shall contain language by improvements agreement shall obligate which the applicant agrees to repair the applicant to make and install, any existing improvements dam according to a specific schedule, any aged during construction and such improvements required by the Town. other items as the Town Council deems appropriate. a) Security. The applicant shall secure the faithful and diligent d) Partial release of security. performance of its obligations The subdivision improvements under such agreement with a agreement tnay provide for the pledge of security sufficient to pro- partial release of security as por- vide a reasonable guaranty of not tions of the improvements are less than one hundred percent I6A -14$ Supp. 6 Art. V, Div. 3, Planned Unit Development §16A- 5- 360(c)(2) completed, provided that no such in response to the staff comments. Upon partial or final release shall be receipt of the requested information, or granted until the improvements within ten (10) days of the staff meeting, guaranteed have been inspected and whichever occurs first, the Planning Com- accepted by the Town Engineer and mission and /or Town Council meeting(s) a report of such inspection and shall be scheduled by the Planning Director. acceptance is filed with the Plan ning Director. The Town Council (4) Planning Commission review. If, as a shall release the amount held for condition of its preliminary plan approval, the the completed items. The agree- Town Council has required that the final plan ment shall make provisions for the be reviewed by the Planning Commission, then Town to retain an appropriate a complete copy of the application shall be amount in the event of partial forwarded to the Planning Commission, releases. together with a copy of the staff review. The Planning Commission shall consider: all rele- e) Recording. The agreement vant materials and testimony; whether the and pledge of security shall be application complies with Section 16A -5- recorded in the records of the 300(c), General Restrictions, and Section 16A- County Clerk and Recorder 5 -310, Review Standards; and whether the together with the final plat. final plan is consistent with the approved preliminary plan, and shall, by resolution, 4. Warranty. The applicant shall recommend that the Town Council approve, warrant the quality, workmanship and approve with conditions or deny the function of all improvements dedicated application, to the Town, the public or a utility for a period of two (2) years, or until July 1 (5) Town Council public hearing and of the year during which the second action. winter terminates after acceptance by the Town, whichever is greater. a. Public notice and public hearing. The Town Council shall hold a public 5. Default. In the event of default hearin- to consider a major amendment to by the applicant, under the terms of any an approved PUD, Section 16A -5- subdivision improvement agreement, no 390(1)c, only. Public notice that the building permit or certificate of occu- Town Council will consider the applica- pancy shall be issued within the subdi- tion shall be given by publication, posting vision until the default is corrected. and mailing of notice, pursuant to Section 16A- 5- 60(b), Manner and Timing of (3) Staff review. Staff review of the Notice. The Town Council shall hold a application shall be accomplished, as specified public hearing to consider the application. in Section 16A -5 -50, Staff Review of Appli- The public hearing shall be conducted pur- cation. Staff shall then meet with the appli- scant to Section 16A- 5- 70(3), Conduct of cant to provide preliminary comments, dis- Public Hearing. CUSS issues and concerns, request additional information necessary to adequately evaluate b. Town Council action. A complete the proposal and make recommendations copy of the application shall be forwarded regarding the application. The applicant wil} to the Town Council, together with a copy then have the opportunity to amend their of the staff review. The Town Council application or provide additional information 16A -149 Supp. 6 k Art. V, Div. 3, Planned Unit Development §16A- 5- 360(c)(5) shall consider: all relevant materials and FIGURE 5 -5 testimony; whether the application corn- FINAL PUD APPLICATION PROCEDURES plies with Section 16A- 5- 300(c), General Restrictions, and Section 16A -5 -310, PRE- APPLICATION CONFERENCE Review Standards; whether the final plan is (OPTIONAL) consistent with the approved preliminary plan.; and, when applicable, the Planning Commission's recommendations, and shall, by ordinance, approve, approve SUBMIT with conditions or deny the application. APPLICATION (6) Effect of final P(JD approval. Approval of the final PUD plan shall confer upon the owner of all or a portion of sucli STAFF property the right to apply for a building per- REVIEW mit for development that is consistent with the limitations, restrictions, conditions and parameters set forth in the final PUD plan. PLAN. COMM. Following recording of the final plat, the ACTION applicant shall be authorized to convey indi- (IF REQUIRED) vidual ownership interests. Final PUD ;plan approval shall remain in effect for a period of up to but not more'ithan three (3) years, unless TOWN COUNCIL the time frame is extended by the Town C,oun- ACTION cil. (7) Recording of final plan. Within ninety (90) days of the date of approval of the final (Ord. 4 -1998 §1; Ord. 11-1999 $3; Ord. 15 -2000 PUD plan, the applicant shall submit three (3) 1 Mylar copies of the final plan to the Planning See. 16A -5 -380. Enforcement of approved Director, together with any other documents PUD plan. that are to be recorded. The final PUD plan maps and plat shall also be submitted in a. (a) Provisions run in favor of Town. To fur digital form acceptable to the Planning ther the mutual interests of the residents occu- Director, for incorporation in the Town's geo- pants and owners of a PUD, and of the public in graphic 'information system (GIS). the preservation of the integrity of the final PUD a. Plannin Director review. The Plan- plan, the provisions of the plan relating to the use ning Directo shall review the documents to of land and the location of common open space ensure they comply with the terms and shall run in favor of the Town and shall be conditions of approval, shall obtain signa_ enforceable at law or in equity by the Town with tures for all of the applicable certificates on out limitation o1 any power or regulation other the final plan and shall return the docu- wise granted by law. merits to the applicant. (b) Provisions run in favor of residents. All b. Recording by applicant. The appli- provisions of the final PUD plan shall run in favor cant shall thereafter cause the documents to of the residents, occupants and owners of the be recorded in the records of the County planned unit development, but only to the extent Clerk and Recorder, at the applicant's expressly provided in the plan and in accordance expense. 16A -150 Supp. 6 Art. V, Div. 3, Planned Unit Development §16A- 5- 380(b) with its terms and, to the extent, said provisions, not comply with the provisions of Sub whether recorded by plat, covenant, easement or section (3), Review Standards, shall owners acting individually, jointly or through an require a full PUD process. During the full organization designated in the plan to act in their PUD process, the Town shall detennine behalf. However, no provisions of the plan shall whether the application complies with the be implied to exist in favor of residents, standards of Section 16A- 5- 300(c), occupants and owners except as to those portions General Restrictions, and Section 16A -5- which have been finally approved. 310, Review Standards, and shall also consider (but not be bound by) whether the (c) Rights to maintain and enforce remain in application complies with the standards of effect. No modification, removal or release of the Subsection (3), Review Standards. provisions of the final plan by the Town, pursuant to the provisions of this Code, shall affect the (2) Procedures for minor amendment of rights of residents, occupants and owners of the final PUD. PUD to maintain and enforce those provisions at law or in equity, subject to the limitations con- a. Pre application conference. Atten- tained in the plan and Subsection (b), Provisions dance at a pre application conference is Run in Favor of Residents. (Ord. 4-1998 §1; Ord. mandatory prior to submission of an 15 -2000 §1) application for a minor amendment to a final PUD. See. 16A -5 -390. Amendment of final PUD. b. Submission of application.. The An applicant may amend an approved final applicant shall submit an application to the PUD by complying with the following procedures Planning Director that contains the and standards. following materials: (1) Overview of amendment procedures. 1. Minimum contents. The mini There are three (3) types of amendments that mum contents for any application, as an applicant may propose to a PUD. The specified in Section 16A- 5- 40(b), applicable procedures for each type of Minimum Contents. amendment are as follows: 2. Written statement. A written a. Administrative amendment. An statement describing those elements of administrative amendment to an approved the original PUD that are proposed to PUD may be considered pursuant to Sec- be modified. tion 16A -5 -250, Administrative Modifica- tions. 3. Other information. The appli- cant shall submit such other written or b. Minor amendment. A minor graphic information as is necessary to amendment to an approved PUD shall describe and evaluate the proposed comply with tine procedures of Subsection amendment, such as revised building (2), Procedures for Minor Amendment of elevations, or a harked -up copy of the Final PUD, and with the standards of final development plan. Subsection (3), Review Standards. 4. Amendment of PUD approved c. Major amendment. A major amend- under prior code. An applicant pro ment that would substantially modify all or posing to amend a PUD approved a part of an approved PUD, or any prior to the effective date of this amendment to an approved PUD that does 16A -151 Supp. 6 ATTACHMENT 2 T C Mtg: June 7, 2010 Snowmass Condominiums 2009 PUD Amendment Executive Summary Comparison Analysis Category Previous approval via Current 2009 PUD Net change Ordinance 08 -7 Amendment proposal Total Units 60 existing; 60 existing; (Buildings A M) 65 free market units if 63 proposed if Bldg M -2 new free market Building M constructed; constructed; units; 3 deed restricted units (2 in 1 converted mgr's unit in Bldg converted Bldg A and 1 in Bldg A to restricted unit if Bldg M -2 restricted units M) constructed in future Building A re -do 1. Renovate existing mgr's 1. Retain manager's unit; -2 restricted units unit for free market sale; 2. No interior renovation in in the interim w/o 2. Conversion of conf rm initial phase; Bldg M; office into 3 -bed AHU; 3. Only exterior renovation; 3. Conversion of work out 4. If Bldg M constructed in -1 restricted unit if room to studio AHU future, then 2 -bd mgr's unit Bldg M constructed of 965 SF converted to and mgr's unit in restricted unit Bldg A converted to restricted unit New Building M 4 4 -bed units 3 free market units; -1 free market unit 1— 3 -bed employee unit 0 employee units -1 employee unit 10,297 SF 7,500 SF -2,797 SF Buildout 65 free market units or 63 free market units or -2 free market 40.0 U.E. 36.4 U.E. units (or -3.6 U.E.); (5 units over the 60 (3 units over the 60 (the 3 added units max /future units 1 unit max /future units 0 units equal 2.55 U.E. above the 39 U.E. max based above the 39 U.E. max based assuming Bldg M is on 65% of the 60 unit on 65% of the 60 unit constructed in the buildout) buildout) future) Parking layout 62 existing spaces; 62 existing spaces; 99 proposed total spaces 65 total spaces in interim w/o -34 spaces w/o (Previously 62 (36 surface 63 covered or Bldg M; Bldg M spots for 60 1.5 spaces per unit) (35 surface 30 covered or units; 1 space 1.08 space per unit) per unit) 71 total spaces if Bldg M -28 spaces if Bldg constructed in future (39 M constructed in surface 32 covered or 1.12 the future space per unit Building Renovation of existing Bldgs Same NA architecture A -L and new Bldg M Building Height 42' for Bldgs A -L; 42' for Bldgs A -L; 0 change on A -L; 39' for new Bldg M 33' for new Bldg M -6' for Bldg M NA Not applicable UE Unit Equivalents X "F FA71M door 1 838&.70 ATTACHMENT 3 TC mtg: June 7, 2010 Rlm E R ��n 1 �l�r�. C-r 42• let 8352 2 4.72 y 83 4 In! f� 4,. k 90 t� fit' 4 83 .�.+►i t t li I�O.J70 as N a. «six, 8360 4 r s 1 C i 4 b I 5� :c- sit' s r y au g Sewer Manhole RIM Sev. 834797 /n vart I Sev. 8340.12' 8" ruc6 Invert Out 8340.02 S69 air ATTACHMENT 4 TC mtg: June 7, 2010 OUTSTANDING TOWN DEPARTMENT AND REFERRAL AGENCY REVIEW COMMENTS SNOMWASS MOUNTAIN CONDOMINIUMS MINOR PUD AMENDMENT SCHMUESER G MEYER V E YO R$ E N G I N E E R S S U P. 11 8 WEST SIXTH STREET, SUITE 200 GLENWOOD SPRINGS, CO 8 1 60 1 970.945.1 004 970.945.5946 FAX M EMORA N D U M DATE: February 19, 2010 TO: Mr. Jim Wahistrom, Town Planner iwahlstromp_tosv.com CC: Hunt Walker, Public Works Director hwalker(@tosv.com FROM Dean Gordon, Town Engineer RE: Snowrnass Mountain Condominiums Minor Amendment to a PUD This review is based on the following documents: Minor Amendment of a PUD, dated January 06, 2010, submitted by Neenan Archistruction. Final Drainage Report, dated November 23, 2009, by Colorado Civil Consultants, Inc. Attached are my review comments, dated May 22, 2008, for the prior submission. Except for those comments related directly to the parking structure, and with a couple of exceptions, they are still generally applicable to this submission: From a construction perspective, there is not sufficient detail to review the civil portion of the work. Since this is a one step land use review process, a condition of approval would need to be made requiring the Town Engineer to review and approve documents at the building permit stage. However, rather than being deferred to the building permit stage, there are several issues that need to be addressed as part of this review process. The following comments utilize the same numbering sequence as the prior correspondence. These issues should be addressed as part of the Minor Amendment process. Please refer to the attachment as well: 1. Traffic there is no discussion of traffic impacts. While the impacts are low for the revised submittal, having no discussion at all is not appropriate. The discussion should include the cumulative impact from the Snowmass Center free market units and the intersections with Lower Woodbridge Road and Brush Creek Road. 2. Mud /Debris Flow while the proposed portions of this project may not be subject, the existing structures may. Not addressing this issue at all is not appropriate, especially given the recent experience at the Horse Ranch Employee Housing project. r,SPEN GUI4141SON GRAND JUNCTION IIIEEKER 10 1 FOUNDERS PLACE, UNIT 102 1 03 WEST TOMICHI AVE. 573 WEST CRETE CIRCLE 320 THIRD STREET PO BOX 21 55 SUITE A BUILDING I SUITE 205 MEEKER, CO 8 1 64 1 ASPEN, CO 81 61 1 GUNNISON, CO GRAND JUNCTION, CO 8 1 505 970,878.51 80 970.925.6727 970.641.5355 970.245.2571 970.878.4181 FAY, 970.925.41 57 FAX 970.64 1 .5358 FAX 970.245.2871 FAX SCHMUEBER| GORDON /MEYER sws/wsE Rs suRvE,ons 3. Water Quality there is one water quality structure shown on the dnavvnge, two discussed in the drainage report and three locations requiring structures on the site plan. Commitment to treat all runoff from parking area is required. 4. OroinogeAnalyaia The analysis, and conclusions reached, are based onan^hiotoric/' condition of the site ee currently developed. AddiUona||y, the site prior to any development needs to be included in the analysis and conclusions. The proposed facilities are designed to intercept the 10-year event. /\discussion/analysis of vvhena the overflow goes in o 100-yoar event is required, including the impact on downstream property mvvnem and the ability of downstream facilities to accept and convey this overflow. |:\1981\91004UE\Phaoe21VN2O100219 Memo Mr. Jim VVahlstrom.doo SCHMUESER I GORDON t MEYER CLE10, SFRINCS ✓SPED: C'=ESTED SUT E E h! C W E E R C U R V F i^ F.' i 1 8 W. 6TH, SUITE 200 P.O. BOX 2 1 55 P.O. BOX 3088 GLENWOOD SPRINGS, CO 8 1 501 ASPEN, CO 51612 CRESTED BUTTE, CO 8 1 224 970-945-1004 970 -925 -5727 970-349 FX: 970-945-5948 Fx: 970- 925 -4157 FX: 970-349 -5358 MEMORANDUM DATE: February 20, 2008 Revised May 22, 2008 TO: Mr. Bob Nevins, Town Planner bnevinsgtosv.com CC: Hunt Walker, Public Works director hwalker@tosv.com FROM Dean Gordon, Town Engineer RE: Snowmass Mountain Condominiums -Minor PUD Amendment issues to be addressed from an engineering standpoint are as follows: In italized format, please find my additional comments with respect to the Submittal dated March 12, 2008. 1. Some discussion is made with respect to increased traffic counts. It does not appear to have addressed potential traffic associated with a conference center. Once the total number of increased vehicle trips per day is generated, it should be added to those which currently exist at both the Lower Wood /Upper Wood Bridge Road intersection and Upper Wood Bridge Road /Brush Creek Road Intersection and verify there is sufficient capacity at these intersections to handle the increase. The fact that there is "a relatively minor amount of increased traffic" is not a sufficient traffic analysis. Note that the analysis should anticipate that the land improvements associated with the Snowmass Center redevelopment are included. O No additional information found. This item not adequately addressed. 2. Are the existing units, and the proposed units and parking structure subject to either rock fall or debrief flow hazard? No additional information found. This item not adequately addressed. 3. Water quality from the parking structure must be addressed. The Town has consistently required that any run -off from non residential parking surfaces, such as parking lots, vehicle storage area, parking structures, etc. be provided with water quality facilities. The architectural drawings indicate there will be an oil and grease interceptor in the garage area. There is no indication on either the architectural or civil drawings where the discharge from that facility will be, how the facility will be sized, design details, etc. I: \1991 \91004 \E \Phase 21 \M20080220 Ltr Mr. Bob Nevins Revised 5- 21.doc f SCHMUESER GORDON MEYER EMC= HEERS SURVEY0RS My recommendation is that the interceptor be tied into the sanitary sewer facilities. If not, the applicant should demonstrate that there is a discharge permit in place for a discharge from that facility to surface waters. This item has not been addressed. There are no water quality features for the surface portion of the parking area. The applicant indicates that the impact to dater quality discharge will be minimal this is not an acceptable response. 4. A drainage analysis will need to be prepared at a final plat submission. it should address both the incremental increase in drainage of this project versus what exists, as well as the total drainage impact of the final site development to an undeveloped site. It has been the Town's policy to require that projects that did not provide drainage improvements when they were originally built, to address that condition on any redevelopment. Drainage analysis should provide a basis for sizing of the drainage facilities proposed. It should also demonstrate what the impact on downstream property owners is both currently and in the redeveloped state. My copy of the drainage plan was Xeroxed and assembled out order, it appears that there some pages that may have been missing; i generally could not follow the drainage plan as currently presented. The applicant must either construct water quality detention facilities that will release from this site at the historic rate (as compared to an undeveloped site) or get a letter from downstream property owners that would be subject to the increased run -off from this site indicating that such increase was acceptable to them. Neither is part of the Submittal. Applicant should also demonstrate that downstream facilities are sufficient to convey the increase in water volume to the ultimate receiving stream, in this case, Brush Creek. That has not been done. it would appear to me that the surface facilities on this project are not capable of conveying the 100 -year event without overflow. An analysis, either quantitative or narrative or both should be presented as to what the anticipated flow path of such overflow would be and the consequences on both on -site and downstream properties. It appears to me that the overflow would leave the site at the entrance to the project, cross the road and impact the Wood Bridge Condominiums. p Referencing Item 2 above, it would appear to me that the entire surface of the parking area would be subject to potential mud /debris flow into the northwest corner of the project, thereby rendering most or all of the drainage facilities inoperable during a major storm event. How is this proposed to be handled from a run -off event perspective? I: \1991 \91004 \E \Phase 21\M20080220 Ltr Mr. Bob Nevins- Revised 5- 21.doc SCHMUESER GORDON MEYER EHG [HEER_ c: S P.V F_ Y 0 RS There are at least two additional discharge points being proposed off this project to the east, making a total of at least four (4) discharge points. The Carroll ditch is piped throughout much of this area. It would appear these discharges introduce water to the properties to the east where there are not facilities to accommodate them. Also, it appears it will introduce water to areas which currently do not have that situation occurring. Riprap is shown on three (3) of the discharge points, however, the riprap is not carried to the bottom of the steep slopes that the discharge points are terminating on. It would appear there will be significant erosion below the riprap points and a possibility of destabilization of a steep slope due to a wafer intrusion. This situation should he addressed from both engineering and geotechnical standpoints. a The existing facilities to the east do not appear to be correctly shown. Are they to he used totally or partially in the new plan? The pedestrian path currently provides a barrier to the east properties. Is the carrying capacity for the uphill ditch adequate and does it need to he armored at any other flows? 1s \1991 \91004 \E\Phase 21 \M20080220 Ltr Mr. Bob Nevins- Revised 5- 21.doc l t MEMO To: Jim Wahlstrom, Senior Planner From: David Peckler, Transportation Director Date: February 12, 2010 Re: Snowmass Mountain Condominium Application We have had a number of meetings with the representatives of the Snowmass Mountain Condominium Association (SMCA) to discuss our concerns regarding the current conditions and the proposed changes. We feel the proposed changes to the roadway and the creation of the "turnaround area" will be improvements that will help us. We also feel that the addition of one employee studio unit will help with on site management of parking and service vehicles. Parking and management of service vehicles for this project will still be a challenge, particularly to not have vehicles encroaching into the "traffic lane" and "turnaround area." Improvement of the snow removal /storage will help the parking problems we see today. We also want both SMCA and Woodbridge Condominium Association to be aware that we will not be able to provide service to their properties until an adequate turnaround can be established, see comment 4 below.) Specific comments on application are as follows: 1. Enclosure 1, B New Drive Surface and Enclosure 13 A1.02: It references in Enclosure 1 the installation of a snowmelt system "throughout the new driveway as indicated on drawings in enclosure #15." In Enclosure 15, drawing A0.1 has a bubble section referencing SEE ENCLOSURE #1 ITEM B that covers the section of the realigned traffic lane up to the first parking stalls on the East side. Enclosure 13 A1.02 shows the whole driveway as having a snowmelt system. The references should be consistent. Our priority is to see the snowmelt system operating for the traffic lane at the entrance to the property at the grade change, then at the turnaround, and finally the straight and flat section between the two. We hope that this priority sequence will be considered in the design and installation of the snowmelt system. If there is only the snowmelt system at the entrance, then a snow storage plan should be considered. 2. Enclosure 1, G Number of Units H Parking: Parking has long been a problem that the SMCA is trying to address. The first phase improvements suggest that the existing 60 units parking of 62 spaces will be improved to 65, and the future addition of Building M will increase the parking to 71 spaces. This will increase the parking space /unit ratio to 1.12 parking spaces /unit. I believe that a commitment to aggressively manage both residential and commercial (delivery) parking on site is important to protect emergency access and turnaround area. 3. Enclosure 10 B. 5 Road Standards "A portion of the roadway may be snowmelted to improve vehicular access, safety and parking. An adequate snow storage area is identified on the Final Plan." It should be clear what is being proposed. Has the Road Division reviewed the snow storage plan should only one section (Enclosure 15 A0.1) of snowmelt system be installed? 4. Enclosure 15 A1.01: the Site Demolition Plan shows a significant area being worked on that will displace an extreme amount of the parking and traffic lane. It should be clear to the Page 1 residents and guests of the property that we will not be able to provide service to the property until this work is completed and approved. Also, service to Upper Woodbridge Condominiums will be compromised as well because there is not dedicated turnaround there. Woodbridge Condominiums should be aware that we will not be able to get back to their property until this phase of the construction is completed. Designation of a dedicated turnaround at Upper Woodbridge units will be necessary to get bus service to these units. If there is significant compromise of the traffic lane during the exterior remodel phase as well, then we will not be able to provide service to both properties until the construction is completed. Page 2 Snowmass Wildcat Fire Protection District From: John Mele [mailto:JMele @swfpd.com] Sent: Friday, February 12, 2010 8:49 AM To: Jim Wahistrom Cc: Frank Rudecoff; james.ohison @neenan.com Subject: Snowmass Mountain Condominiums Jim, We have been working with James Ohlson from the Neenan Company on a regular basis and have agreed that we will need to work closely with them on a dynamic emergency access plan that would change as their work was progressing. We have also agreed that new Fire Department Connections for the fire sprinkler system, on both the lower and upper buildings at Snowmass Mountain Condominiums, will be replaced with 2 connections. New horn strobe assemblies for the fire alarm and sprinkler systems will be applied to the new skin renovation on all of the buildings as well. When we review the final submitted plans we will be looking closely for assurance that the new access road will be constructed to meet the designed weight loading of our fire trucks. All other items of concern for this project can be addressed by applying the International Fire Codes adopted by the Town of Snowmass Village. I remain available for any additional questions you may have. John T. Mele Fire Marshal- Snowmass Wildcat Fire Protection District (970) 923 -2212 jmele @swfpd.com ATTACHMENTS TC mtg: June 7, 2010 CTLITHOMPSON May 11, 2010 Snowmass Mountain Condominiums P.O. Box 5124 55 Upper Woodbridge Road RECEIVED Snowmass Village, Colorado 81615 Attention: Mr. George Falk N IAY I 2,010 8rtowma ���4��men� Subject: Geologic Hazard Consultation Community Snowmass Mountain Condominiums 55 Upper Woodbridge Road Snowmass Village, Colorado Project No. GS05308 -145 At your request, our David Glater, P.E., C.P.G., Geological Engineer visited the Snowmass Mountain Condominiums property May 4, 2010 to perform a reconnaissance geologic survey with focus on evaluating flood and debris flow potential of the site. This work was performed to address the scope of work in our Contract Modification letter {GS08 -0317 Revised, dated April 21, 2010. We prepared a letter dated March 10, 2010 that contained our opinions related to flood and debris flow potential above proposed Building M. In that letter, we stated that the site should be snow -free to better evaluate the geologic hazards. We understand the Town of Snowmass Village has raised concern with geologic hazards within drainages that may affect the built portion of the project, as well as proposed Building M. Since our March 10, 2010 letter was published, we were provided a copy of the Final Drainage Report for Snowmass Mountain Condominiums by Colorado Civil Consultants, dated November 23, 1009. At the time of our visit on May 4, 2010, the site was essentially snow -free, save for a few perpetually shaded areas. Our Mr. Glater walked up the ridge behind future Building M, then traversed back and forth up the floor of the broad drainage above existing Buildings B and C to the base of the shale bluffs, and then down along the eastern ridgetop to Building B. Photo 1 shows the short slope above future Building M. Photo 2 shows the lower part of the drainage above Buildings B and C in the foreground and the ridgeline above Buildings D -G and future Building M beyond. Photo 3 shows the upper part of the main drainage, with the west ridge on the left and the east ridge to the right. 1971 West 12th Avenue I Denver, Colorado 80204 1 Telephone: 303 825 -0777 Fax: 303- 825 -4252 b Photo 1 Looking south, carport and future site of Building M is left of center. e� R c Photo 2 Looking south, Buildings B and C are facing the drainage, with bounding ridges east and west. SNOWMASS MOUNTAIN CONDOMINIUMS Z SNOWMASS MOUNTAIN CONDOMINIUMS 55 UPPER WOODBRIDGE ROAD CTL I T PROJECT NO. GS05308.145 S: IPROJECTSIGS1GS05308A00114513. LetterslLZGS0530E- 145- 1-2.doc s 1 k� t i Photo 3 Looking north toward the shale bluffs at the head of the main drainage. The Final Drainage Report identifies the main drainage and the slope above Buildings B -G and future Building M as Basin Ha, with an area of 13.8 acres. The 010 was reported as 18.5 cfs, and for the Q100, 45.7 cfs. The cut slope above future Building M has been in place for about 30 or more years and exhibits no evidence of incised flow. Surface improvements exhibit evidence of distress from shallow soil creep, normal for high elevation shale slopes inclined as steep as this one, about 2.5HAV. The ground surface exposes a thin soil composed of weathered shale bits. Harder shale is believed to be shallow. We see no evidence Building M will be affected by debris flow, due to a very limited drainage concentration area of the slope above, 0.3 acres, and limited supply of erodible debris. We believe runoff above Building M will be sheetflow. The main drainage above Buildings B and C carries the bulk of the runoff from Basin Ha. The slope is very steep below the cliffs (about 1:1) and becomes progressively less steep toward the bottom, on the order of 4:1. The shale bluffs contain almost no vegetation and exhibit actively eroding steep, bare shale slopes. The slope is fairly steep in the upper portion. There are three incised drainages leading from the bluffs (arrows in Photo 3) into the less -steep debris accumulation zone below the bluffs, which is the beginning of the vegetation. In the thick vegetation of the debris accumulation zone, we noted evidence of recent drainage flow in the three incised channels. The recent debris accumulation zone and incised channel are present for only about the upper 150 -200 feet (horizontally) of the vegetation. The approximate lower extent of the debris accumulation is below the stand of oak trees shown as a dashed line on Photo 3. Photo 4 shows the central incised channel, about 2 feet deep and 5 feet wide, with numerous 6 to 8 inch diameter trees within and nearby. The other two channels were similar size. SNOWMASS MOUNTAIN CONDOMINIUMS 3 SNOWMASS MOUNTAIN CONDOMINIUMS 55 UPPER WOODBRIDGE ROAD CTL i T PROJECT NO. G305308 -145 S: IPROJECTSIGSIGS05308.000114513. Lettast! 21GS05308- 145. 2.doe n� tW� Lp 6 M v 7 44 i. j 4i4 y f �7' bt a w Photo 4 Looking uphill, middle incised channel in debris accumulation zone. Lack of vegetation suggests the incised channels have run full within the past 10 to 20 years. Below the debris accumulation zone, about 100 or so feet above the lone, large pine tree in Photo 3, evidence shows large storm flows dissipated into sheetflow and carried little or no debris or mud. There were no incised channels or debris accumulation noted below the dashed line on Photo 3. The large pine tree in the photo is almost 4 feet in diameter and is undisturbed by past floods in the recent past (100 years or so). The slopes below the accumulation zone are smooth and well vegetated. We believe shale is present at shallow depth. Evidence suggests thick vegetation has resisted erosion and formation of debris or mudflow in the lower portion of the main drainage over the past 100 years or more. Although it appears the main drainage above Buildings B and C is not likely subject to debris or mudflow in the event of a storm with a 100 -year return interval, it surely is capable of a substantial flood flow, and drainage designs by the Civil Engineer should be capable of directing water and minor amounts of sediment away from the buildings. The erosion potential of the drainage would be affected by wildfire, if such an event kills the trees and brush. Surely the drainage has burned in the past few hundred years. We saw no evidence of past debris or mudflow within at least 300 feet of the Buildings. SNOWMASS MOUNTAIN CONDOMINIUMS 4 SNOWMASS MOUNTAIN CONDOMINIUMS 55 UPPER WOODBRIDGE ROAD CTL i T PROJECT NO. GS05308 -145 S :IPROJECTSIGSIGS05308.000114513. LettersIL21GS05308- 145- L2.doc We found no evidence of slope instability on the slopes above this site. Based on scattered outcrop evidence, relatively hard shale bedrock is present at shallow depths below the ground surface. We saw no slumps, scarps, slope bulges or interrupted drainages that might indicate slopes adjacent to Snowmass Mountain Condominiums are prone to landslides. We saw no evidence construction of Building M will affect onsite or offsite slopes or properties. Retaining wall designs should consider lateral earth pressures appropriate for the site soils and ground water conditions, as well as seasonally higher pressures that may occur during the snowmelt season. We appreciate the opportunity to be of service on this project. Should you have any questions about this letter, or if you would like us to review the debris flow potential for other parts of the project, please call. Very Truly Yours, Ft?: °••0 Q a O, p �F2 CT THO SO �9 P. u �t 5583 4 24244 David A. Glater, ..G. Principal Geologic DAG:JMInt (3 copies) via e-mail: james.ohlsonO- neenan.com tadduneO- comnuserve.com SNOWMASS MOUNTAIN CONDOMINIUMS r SNOWMASS MOUNTAIN CONDOMINIUMS 66 UPPER WOODBRIDGE ROAD CTL T PROJECT NO. GS06308 -145 S.TR0JEGTSIGS%GS05308.0=14513. Le0ers1L21GS05303- 146- L2.doc ATTACHMENT 6 TC mtg: June 7, 2010 From: Shirley A Millard [mailto:shirley.ltc @juno.com] Sent: Monday, May 17, 2010 11:41 AM To: Jim Wahistrom Cc: VillCari7oan @aol.com Subject: Snowmass Mountain Condo Assoc. Hi Jim, Regarding the Snowmass Mountain Condo Assoc. Public Hearing on June 7: As a neighbor (in Seasons Four) I strongly support the entire plan as put forth in your letter of information. I have read the amendment and talked with Carl Vill and find the entire project worthy of approval. Hope that this letter will be considered as I will not be in town for the June 7 meeting. Shirley Millard Seasons Four 175 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: June 7, 2010 SUBJECT: Periodic Ordinance Review and Re- Enactment I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Second Reading of an Ordinance reviewing and re- enacting ordinances of a permanent nature II. SUMMARY OF PROJECT The Home Rule Charter requires the Council to conduct an Ordinance review and Re- enactment every five years. Colorado Code Publishing just completed the most recent supplement to the Municipal Code. III. BACKGROUND This review is conducted every five years IV. APPLICABLE REGULATIONS Section 4.14 of the Charter V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV complete the review and re -enact previously approved Ordinances of a permanent nature? VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council discuss and determine the course of action of this Ordinance at Second Reading June 7, 2010. Staff recommends approval. Options include: approve, amend or deny at Second Reading. 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 11 5 SERIES OF 2010 6 7 AN ORDINANCE CONDUCTING AN ORDINANCE REVIEW AND RE- ENACTING 8 ALL ORDINANCES OF A PERMANENT NATURE AS PRESCRIBED BY THE HOME 9 RULE CHARTER 10 11 WHEREAS, the provisions of Section 4.14 of the Home Rule Charter provide as 12 follows: 13 14 All ordinances of a permanent nature shall be reviewed by the Council at least 15 every five (5) years after passage and will expire five (5) years after adoption 16 unless reenacted; and 17 18 WHEREAS, the Town Council has periodically reviewed the provisions of the 19 Municipal Code and has specifically amended, revised and restated certain provisions 20 of the Municipal Code since the last ordinance review; and 21 22 WHEREAS, the Town Council has reviewed the Snowmass Village Municipal 23 Code and finds that the current version as amended by supplement s No. 13 through 15 24 contains the true and accurate codification of the ordinances of the Town; and 25 26 WHEREAS, the Town Council finds that the adoption of this Ordinance is 27 necessary for the immediate preservation of the public health, safety and welfare; and 28 29 30 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 31 Snowmass Village, as follows: 32 33 1. Ordinance Review This Ordinance constitutes the review of ordinances within 34 the meaning of Section 4.14 of the Home Rule Charter. 35 36 2. Reenact Municipal Code The Town Council hereby ratifies, reaffirms and 37 reenacts the Snowmass Village Municipal Code, as amended by supplements No. 13 38 through 15, Ordinance No. 23, Series of 2009, and Ordinance Nos. 1,4,6, and 8, Series 39 of 2010. 40 41 3. Next Ordinance Review The next ordinance review shall be conducted pursuant 42 to the Home Rule Charter Section 4 -14. 43 44 4. Severability If any provision of this Ordinance or application hereof to any 45 person or circumstance is held invalid, the invalidity shall not affect any other provision 46 or application of this Ordinance which can be given effect without the invalid provision or Ordinance No. 11, Series of 2010 Page 2 47 application, and, to this end, the provisions of this Ordinance are severable. 48 49 READ, APPROVED, AND ADOPTED by the Town Council of the Town of 50 Snowmass Village on First Reading on May 17, 2010 upon a motion by Council 51 Member Wilkinson, the second of Council Member Mordkin, and upon a vote of three 52 (3) in favor to none (0) opposed. Council Members Lewis and Butler were absent. 53 54 READ, APPROVED, AND ADOPTED by the Town Council of the Town of 55 Snowmass Village on Second Reading on June 7, 2010 upon a motion by Council 56 Member the second of Council Member and 57 upon a vote of in favor to opposed. 58 59 TOWN OF SNOWMASS VILLAGE 60 61 62 63 By: 64 Bill Boineau, Mayor 65 66 ATTEST: 67 68 69 70 71 Rhonda B. Coxon, Town Clerk 72 73 74 75 APPROVED AS TO FORM: 76 77 78 79 80 John C. Dresser, Jr., Town Attorney MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: June 7, 2010 SUBJECT: Extension of Development Moratorium I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Second Reading of an Ordinance extending the moratorium for six months to December 31, 2010. II. SUMMARY OF PROJECT The moratorium expires on June 30, 2010 but it appears that the Code review will not be complete by that date. Council may extend the moratorium by a duly adopted ordinance. III. BACKGROUND A. Ordinance 21 of 2007 enacted the moratorium. B. Ordinance 5 of 2008 extended the moratorium to July 31, 2008. C. Ordinance 10 of 2008 extended the moratorium to December 31, 2008. D. Ordinance 16 of 2008 extended the moratorium to June 30, 2009. E. Ordinance 7 of 2009 extended the moratorium to December 31, 2009. F. Ordinance 21 of 2009 extended the moratorium to June 30, 2010. IV. APPLICABLE REGULATIONS n/a V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV extend the moratorium to allow time to complete the review of the Land Use Code? VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council discuss and determine the course of action of this Ordinance at Second Reading June 7, 2010. Staff feels that six months is sufficient time to complete the work ahead on the possible Code revisions. Options include: approve, amend or deny at Second Reading. 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 12 5 SERIES OF 2010 6 7 8 AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE 9 ACCEPTANCE OF ANY NEW LAND USE APPLICATION SEEKING 10 DEVELOPMENT APPROVAL FOR REAL PROPERTY LOCATED IN THE 11 WEST VILLAGE COMPREHENSIVELY PLANNED AREA AND FARAWAY 12 RANCH NORTH COMPREHENSIVELY PLANNED AREA FOR A PERIOD OF 13 SIX MONTHS 14 15 WHEREAS, the Town of Snowmass Village has undertaken and 16 completed a targeted review and update of the Comprehensive Plan; and 17 18 WHEREAS, the review and update of the Comprehensive Plan was 19 targeted in order to comprehensively plan for the remaining commercial areas of 20 the Town and review and update other areas of the Comprehensive Plan as 21 needed; and 22 23 WHEREAS, in conjunction with the review and update of the 24 Comprehensive Plan, the Town Council desires that the Planning Department 25 conduct an analysis and assessment of Chapter 16A of the Snowmass Village 26 Municipal Code in order to provide Town Council with a review of the existing 27 land use code and regulations as they affect land use and development in the 28 Town, specifically in the West Village Comprehensively Planned Area "CPA 29 and the Faraway Ranch North CPA; and 30 31 WHEREAS, the Town Council has received a preliminary report of the 32 Planning Department regarding the existing Chapter 16A of the Snowmass 33 Village Municipal Code in order to now consider amendments to the Chapter 34 16A; and 35 36 WHEREAS, the Town Council has enacted and subsequently extended a 37 moratorium that currently expires on June 30, 2010 for land use applications in 38 the West Village CPA and Faraway Ranch North CPA to enable reasoned 39 discussion and action regarding the targeted review and update of the 40 Comprehensive Plan and allow full and complete discussion of any amendments 41 to the Comprehensive Plan and the Chapter 16A of the Municipal Code; and 42 43 WHEREAS, the Town Council has determined that it is prudent to review 44 any future land use applications after the completion of the review of Chapter 45 16A of the Municipal Code and the reasonable estimate of the time to complete 46 such actions was six months, however, more time is needed to complete the 1 47 reviews of the Code and another six months seems a reasonable time to 48 complete said reviews; and 49 50 WHEREAS, Ordinance 21, Series of 2007 provides that the moratorium 51 may be extended by a duly adopted ordinance of the Town Council; and 52 53 WHEREAS, Town Council has determined that it is necessary to extend 54 the duration of the moratorium in order to provide the time necessary to: conduct 55 a review and update of the Comprehensive Plan, to prepare an analysis and 56 assessment of all current land use regulations, and to allow time for the Town 57 Council, Town Staff and the citizens of Snowmass Village to consider 58 amendments, if necessary, to the Comprehensive Plan and Land Use Code of 59 the Town of Snowmass Village. 60 61 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the 62 Town of Snowmass Village as follows: 63 64 1. That the temporary moratorium on land use applications 65 enacted by the Town Council by Ordinance 21, Series of 2007 66 is hereby extended to December 31, 2010. 67 2. That all other terms of Ordinance 21, Series of 2007 shall 68 remain in full force and effect through the period of this 69 extension. 70 3. If any provision of this Ordinance or application hereof to any 71 person or circumstance is held invalid, the invalidity shall not 72 affect any other provision or application of this Ordinance which 73 can be given effect without the invalid provision or application, 74 and, to this end, the provisions of this Ordinance are severable. 75 76 INTRODUCED, READ, APPROVED AND ADOPTED, on First Reading 77 by the Town Council of the Town of Snowmass Village on May 17, 2010 upon a 78 motion by Council Member Wilkinson, the second of Council Member Mordkin, 79 and upon a vote of three (3) in favor and none (0) opposed. Council Members 80 Lewis and Butler were absent. 81 82 INTRODUCED, READ, APPROVED AND ADOPTED, on Second Reading by 83 the Town Council of the Town of Snowmass Village on June 7, 2010 upon a 84 motion by Council Member the second of Council Member 85 and upon a vote of in favor and opposed. 86 87 TOWN OF SNOWMASS VILLAGE 88 89 90 91 Bill Boineau, Mayor 92 2 93 94 ATTEST: 95 96 97 98 Rhonda B. Coxon, Town Clerk 99 100 101 102 APPROVED AS TO FORM: 103 104 105 106 107 John C. Dresser, Jr., Town Attorney 108 3 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: JUNE 7, 2010 Pending Strategic Actions Last Updated June 1, 2010 Staff Action Status Date to follow -up Contact I I w/ Council Land Use John Dresser Demolition Council asked that an ordinance be Land Use prepared to provide a period of time to Amendments being review demolition permits before prepared and will demolition of a building occurred. be presented to PC. Council will Council agreed that staff should develop review and language for future PUDs to identify critical consider approval integral components of a PUD that must after PC provides continue to exist over time. recommendation. Planning Other Land Use The comprehensive plan has been Land Use Department Code Issues approved. The Town Council has Amendments being provided direction on the priorities prepared and will be presented to PC. Council will review and consider approval after PC provides recommendation. Housin Housing Draw Site /Land On Nov. 2, 2009 Council directed staff to Revisit in 2011 Department Inventory take no action on this topic other than to budget process continue identifying sites that should be further investigated. Council asked that this project be revisited as part of the 2011 budget. Housing Housing Policy The consultant has completed a rational May 17, 2010 Department nexus study and can begin to work with This will be the Town on a new housing policy. The reviewed with other Planning Commission is also reviewing land use code housing goals as part of the Comp. Plan amendments. review. Staff will schedule two agenda items based on the input from Council on October 6 (these could be on the same dates) which would be 1) policy discussion to modify the current land use code related to affordable housing; and 2) a review of deed restriction policy. Finance Marianne GID Mil Levy Discuss option to increase the GID mil levy Staff will schedule for Base Village with the GID Advisory a GID as part of the Committee and return back to the GID with 2011 budget review options. An update occurred on April 19, to provide options 2010. for creating a sustainable budget. Marianne Budget Update Finance provided a budget update in July 6, 2010 March and May in 2010. Next update will occur in July of 2010. Other John Dresser Negotiate access Direction has been provided to staff to ongoing easement for negotiate for an easement. Skittles Mark Kittle Remodels Council asked on 11/16 for the Chief June 21, 2010 triggering Building Official to bring back options for sprinkling requiring the sprinkling of buildings with a remodel. Staff was asked to research options and what other communities have done on this issue. In addition, Council asked on December 7, 2009 to come back with a discussion on banning shake shingles. 6th Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JUNE 21, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 5:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: RECOGNITION OF ART SMYTHE, THE CHIEF OF POLICE FOR THE TOWN OF SNOWMASS VILLAGE BY AREA POLICE CHIEFS Item No. 5: PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 10, SERIES OF 2010 SNOWMASS MOUNTAIN (Time: 60 Minutes) MINOR PLANNED UNIT DEVELOPMENT AMENDMENTS TO THE 2008 FINAL PUD FOR SNOWMASS MOUNTAIN CONDOMINIUMS ACTION REQUESTED OF COUNCIL: Approve with conditions or deny the first reading of the ordinance, as may be modified at the meeting. -Jim WahIstrom Item No. 6: TOWN WIDE MORITORIUM DISCUSSION (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Review information provided by staff, comment and provide direction to staff. --Russ Forrest/John Dresser Item No. 7: MANAGER'S REPORT (Time: 10 minutes) --Russell Forrest Page (TAB) Item No. 8: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB Item No. 9: APPROVAL OF MEETING MINUTES FOR: 06 -21 -10 TC Page 2 of 2 Page(TAB) Item No. 10: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS I Page (TAB) Item No. 11: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 hours (excluding items 1-3 and 8 —11) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. (if the Meeting ends before 9:00 p.m.) Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 Site Visit 4:00 p.m. Snowmass Mountain Town Council Meeting 5:00 P.M. 0 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Town CML CML CML CML Council Breckenridge Breckenridge Breckenridge Breckenridge Meeting 5:00 p.m. 0 27 28 29 30 1 1 i Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 Town Offices Town 4 OF JULY Closed in Council celebration of Independence Meeting Day! 5:00 p.m. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Town Council Meeting 5:00 p.m. 0 25 26 27 28 29 30 31 i