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08-02-10 Town Council Packets C a SNOWMASS VILLAGE TO COUNCIL REGULAR MEETING r' AUGUST 2, 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: UPDATE ON FORECLOSURE ACTIVITIES AT BASE VILLAGE (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation and comment or ask questions Russell Forrest ..................No Packet Information Item No.5: CONTINUATION AND PUBLIC HEARING SECOND READING OF ORDINANCE NO. 10 SERIES OF 2010 SNOWMASS MOUNTAIN (Time: 15 Minutes) A MINOR PLANNED UNIT DEVELOPMENT AMENDMENTS TO THE 2008 FINAL PUD FOR SNOWMASS MOUNTAIN CONDOMINIUMS -Jim Wahlstrom ...........................Page 1 (TAB A) AND Item No, 6: RESOLUTION NO 22 SERIES OF 2010 A REPLAT AND AMENDED CONDOMINIUM MAP OF PARCEL C SNOWMASS MOUNTAIN CONDOMINIUMS TO CREATE PARCEL M. (Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve with conditions or deny second reading of the ordinance and the replat resolution, as may be modified at the meeting. -Jim Wahistrom ...........................Page 1 (TAB A) Item No. 7: DISCUSSION OF POTENTIAL BALLOT QUESTIONS FOR THE NOVEMBER COORDINATED ELECTION (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Review and discuss options for ballot issues as presented in the staff memo 08 -02 -10 TC Page 2 of 2 -Russ Forrest/Marianne Rakowski Page 75 (TAB B) Item No. 8: FIRST READING OF ORDINANCE NO. 15 SERIES OF 2010 CONSIDERATION OF A REVISION OF THE RENEWABLE ENERGY OFFSET PROGRAM (REOP) FEES (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Determine if there should be any changes to the current fee structure, possible first reading of Ordinance No. 15, Series of 2010 -Mark Kittle ...........................Page 80 (TAB C) Item No. 9: SCOPE OF WORK FOR URBAN RENEWAL AUTHORITY (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Provide direction to staff on next steps.(Packet Materials are those provided from the April 19, 2010 TC Meeting) -Russ Forrest Page 119 (TAB D Item No. 10: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Page 144 (TAB E Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 148 (TAB F) Item No. 12: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Page 150 (TAB G) 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. 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: Continuation of Public Hearing and Second Reading of Ordinance No. 10 Series of 2010 A Minor Planned Unit Development Amendment to the 2008 Final PUD for Snowmass Mountain Condominiums; AND RESOLUTION NO. 22, SERIES OF 2010 A REPLAT AND AMENDED CONDOMINIUM MAP OF PARCEL C, SNOWMASS MOUNTAIN CONDOMINIUMS TO CREATE PARCEL M. DATE: August 2, 2010 meeting I. PURPOSE AND ACTION REQUESTED: The purpose of this Town Council meeting would be to: a) Review Ordinance No. 10, Series of 2010, for acceptance. There were only two changes made to the ordinance during the first reading on July 19, 2010, therefore an edited version of the ordinance is not included for this report. The final ordinance version attached incorporates the two changes, which were: i. LINE 68 Concerning the Council hearing date from July 7 to July 6 in Finding #4 on page 2 of the ordinance; ii. LINE 278 Staff clarifying Condition 135's last sentence on page 7 of the ordinance to delete the wording "or no longer accept" because the Public Works Department responded indicating that the Town never maintained Upper Woodbridge Road on the Snowmass Mountain Condominiums site; and iii. LINES 301 302 Clarifying Condition C2 on page 7 of the ordinance that the prerequisite for the employee housing mitigation occurs prior to issuance of a building permit for Building M rather than the granting of the vesting period. b) Review and consider acting upon Resolution No. 22, Series of 2010, with its referenced exhibit, regarding the proposed combination replat and condominium map amendment of Parcel C, Snowmass Mountain Condominiums involving the creation of Parcel M for future phase Building M. 11Page II. MISCELLANEOUS ITEMS Attachments Ordinance No. 10, Series of 2010, with referenced exhibits that incorporate: Exhibit A Final PUD Guide with its development parameters and referenced exhibits, including sketch drawings of future phase Building M; Exhibit B —Proposed Vested Rights Development Agreement for five years with its referenced exhibits for a trail easement, a deed restriction, and the supplement review process for Building M; Exhibit C Parking Management Plan; Exhibit D Referral agency review comments; and Exhibit E Applicant's supplement dated July 7, 2010 for formal lot size reduction for Parcel M and offered community purposes. Resolution No. 22, Series of 2010, with the following referenced exhibit: o Exhibit A —Combination replat and amended condominium map of Parcel C, Snowmass Mountain Condominiums, to create Parcel M. III. NEXT STEPS: None. However, based upon the conditions in the ordinance and resolution the applicant would need to complete the review with staff on any outstanding matters concerning the agreements and replat. 2 Page I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 10 5 SERIES OF 2010 6 7 AN ORDINANCE CONCERNING THE SNOWMASS MOUNTAIN CONDOMINIUM 8 APPLICATION FOR A MINOR PLANNED UNIT DEVELOPMENT AMENDMENT TO 9 THE 2008 FINAL PUD APPROVAL IN ORDINANCE NO. 07, SERIES OF 2008. 10 11 WHEREAS, Town Council acted upon TC Ordinance No. 07, Series of 2008, 12 approving the previous Minor Final PUD for Snowmass Mountain Condominiums and 13 acted upon TC Ordinance No. 08, Series of 2008, approving the re- zoning of the 14 property to Multi Family ('MF') in July 2008; and 15 16 WHEREAS, the Snowmass Mountain Condominium Association, Inc. 17 Applicant submitted a Minor Planned Unit Development (PUD) Amendment 18 application to the 2008 PUD approval to the Planning Department on November 23, 19 2009, which changes are generally described or illustrated in attached Exhibit "A," 20 modified Final PUD Guide, incorporated herein; and 21 22 WHEREAS, following a few completion reviews by the Planning Department, the 23 application was re- submitted on January 6, 2010 and updated on January 26, 2010 at 24 which time the application was deemed complete bythe Planning Department for referral 25 and review purposes pursuant to Municipal Code Section 16A -5 -50, subject to the 26 applicant obtaining signed consent letters from three affected off -site adjacent property 27 owners; and 28 29 WHEREAS, the application was distributed to referral departments /agencies 30 on January 29, 2010 and their written comments were to be provided to the Planning 31 Department by February 15, 2010; and 32 33 WHEREAS, the Applicant provided the three off -site owner consent letters by 34 February 26, 2010; and 35 36 WHEREAS, Planning Commission reviewed the land use application, 37 considered direction or recommendations by Town Staff and received comments at 38 public meetings scheduled on March 3, 17 and April 21, 2010, and passed 39 Resolution No. 02, Series of 2010, providing their recommendations to the Town 40 Council. 41 42 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 43 Snowmass Village, as follows: 44 45 Section One: General Findings The Town Council finds that: TC Ord. 10 -10 Page 2 of 10 46 47 1) Submission: Applicant has submitted the Minor Planned Unit Development 48 (PUD) Amendment application in accordance with the provisions set forth in 49 Section 16A -5 -390, Amendment to Final PUD of the Municipal Code. 50 51 2) Content: The application contained the Minimum Contents as required by 52 Municipal Code Sections 16A -5 -40 and 16A- 5- 390(2)b and included written 53 and graphic materials of sufficient detail to determine the application complete 54 for review. 55 56 3) Public Process: Public Notice was given by publishing of the hearing notice 57 in the Snowmass Sun on April 28, 2010. The application was scheduled 58 before the Town Council on May 17, 2010 to hear a presentation of the 59 proposal with the initial public hearing scheduled on June 7, 2010 which was 60 scheduled for continuation to meetings on July 6, 19, and August 2, 2010 to 61 review the application, to consider staff recommendations, the Planning 62 Commission recommendations, public comments, the applicant amendments 63 or supplements, and this ordinance. 64 65 4) Supplemental Submissions: The Applicant submitted amendments or 66 supplemental drafts of certain agreements with conditions or restrictions 67 together with a modified Final PUD Guide and platting information, the latest 68 being dated May 25, 2010, June 18, 2010 and July 6, 2010 during the Town 69 Council review, to either modify or clarify their application or respond to the 70 Town Staff, Referral Agency, Planning Commission, and Town Council 71 reviews, issues, comments and concerns. 72 73 5) Service and emergency vehicles: Pursuant to Section 16A- 4- 210(a)(3), the 74 Applicant represented that they have an agreement with the Snowmass- 75 Wildcat Fire Protection District, also pursuant to the review comments in 76 attached Exhibit "D" incorporated herein, and that no occupancy would occur 77 on the site during the re- construction process. 78 79 6) Drainage facilities: Pursuant to Section 16A -4 -250, Town Council finds that 80 the Town Engineer review comments in attached Exhibit "D" have not yet 81 been fully satisfied. The following findings were made during the meeting on 82 July 6, 2010: 83 a) The entire site, if developed in 2010, would not meet the current storm 84 drainage standards in Section 16A -4 -250 of the Municipal Code; 85 b) The runoff drainage and mud /debris flow from the draw area above the 86 developed site are not being currently captured; 87 c) The proposed future -phase Building M is planned to replace an existing 88 carport structure and such replacement would not significantly increase 89 the impervious surface area of the site; 90 d) A drainage plan for the entire property is still desirable, butthe current civil TC Ord. 10 -10 Page 3 of 10 91 plans propose incremental drainage facility replacements with an amount 92 of capacity to mitigate the additional impervious surface area proposed on 93 the site which appears acceptable; 94 e) The Carroll Ditch was not historically designed as a drainage facility, but 95 has been utilized for drainage runoff from the developed site over the last 96 36 years; 97 f) As represented by the applicant at the July 6, 2010 meetinq, there is a 36- 98 year history of no major runoff event significantly impacting the site; and 99 g) Town Council Ordinance No. 07, Series of 2008, previous granted 100 approval of a Final PUD for a larger scale development than the current 101 Minor PUD Amendment with the condition that the drainage and 102 mud /debris issues be resolved to the satisfaction of the Town Engineer. 103 104 Pursuant to the findings above, Town Council finds that the comprehensive 105 drainage and mud /debris flow solution for the area concerning the proposed 106 Minor PUD Amendment should not be borne alone by the applicant, which if 107 required would be an unreasonable burden placed upon the applicant. 108 However, it is apparent that the overall drainage and mud /debris flow impacts 109 in the neighborhood or surrounding area needs to be addressed 110 comprehensively. 111 112 7) Trash facilities: Pursuant to Section 16A -4 -230, the provision for solid waste 113 disposal ought to be more specifically addressed for the Phase 1 and Phase 2 114 areas of the plan. 115 116 8) Parking: Pursuant to Section 16A -4 -310 of the Municipal Code, the proposed 117 amendment reduces or removes the previously approved Final PUD supply of 118 99 spaces within and above structured parking. Instead, the amended plan 119 provides 65 spaces in the initial phase that would meet the Municipal Code 120 dimensional standards within generally the game re- arranged parking areas. 121 Such arrangement would acceptably maintain and exceed the existing supply 122 of 62 spaces (approximately 32 existing surface spaces and 30 covered spaces, 123 some of which do not meet current Code standards) for the existing 60 units and 124 the minimum off street parking requirements set forth in Table 4 -3 of the 125 Municipal Code, which states that the existing parking was set by previous 126 plan or subdivided lot prior to the Final PUD approval in 2008. In addition, the 127 proposed future phase Building M satisfactorily meets the requirement of 9 128 spaces beside and within the garage portion of the building for its nine (9) 129 planned bedrooms in three (3) units. 130 131 Overall, the amended application is sufficient as an alternative parking plan 132 on the overall site due to: a) the Town transit service provided directly on site, 133 and b) that the total of 71 spaces (approximately 38 covered and 33 surface) 134 would increase the parking ratio currently from approximately 1.08 to the 135 proposed 1.12 spaces per unit by the amendment. TC Ord. 10 -10 Page 4 of 10 136 137 9) Landscaping: Pursuant to Section 16A -44 -320 of the Municipal Code, the 138 applicant represented that the significant reduction in plant material quantities 139 and sizes were proposed for the following reasons which are acceptable: 140 a) The landscaping is mainly for the benefit of the ownership on the site 141 rather than as a buffer treatment to mitigate public view impacts; 142 b) It was represented by the Applicant that their landscape architect was 143 concerned about the placement of plant material within constrained areas 144 between the buildings and the retaining walls that have limited daylight 145 and room for growth; 146 c) The plant material in the 2008 landscape approval was scaled down 147 proportionately to the proposed modified redevelopment; 148 d) The Applicant represented that their insurance company dictated the 149 removal of certain plant material located in close proximity to structures; 150 e) The tall existing evergreen trees between Buildings A and H beside the 151 pool area are planned to be preserved; and 152 f) The Applicant represented that they plan to enhance the landscaping on 153 the site over time. 154 155 10) Municipal Code Requirements: Subject to the conditions in Section Three of 156 this Ordinance, a "majority' of the Town Council present and voting determined 157 that the land use application was in compliance with the Review Standards 158 established in the following Sections of the Municipal Code: 159 a) Section 16A -5 -390, Amendment of Final PUD and its review standards in 160 Subsection (3), including: 161 i) Consistency with or enhancement of the original PUD (in 2008); 162 ii) No substantially adverse impact, including traffic impact or the 163 reduction of the previous approved parking provisions in 2008; 164 iii) Not change the basic character of the PUD or surrounding areas; 165 iv) Complies with other applicable standards (see below); 166 b) Still meets the criteria of a Minor PUD in Table 5 -3 for classifying PUDs; 167 c) Article IV, Division 2, Improvement Standards 168 d) Section 16A- 5- 300(c), General Restrictions conforms to the following 169 restrictions: (c)(4)c. Maximum buildout Fully developed parcels; and 170 (c)(5) Dimensional limitations (a) Maximum allowable height and (e) 171 Minimum setbacks 172 e) Section 16A- 5- 300(c)(6) Community purposes for PUDs still includes: 173 a. Provision of restricted housing, d. Encourages better design, and 174 e. Develops necessary public facilities; (e.g., for the previously granted 175 buildout variation in 2008 which was modified down from 65 to 63 units by 176 this amendment application); 177 f) Section 16A -4 -310 Off street parking standards 178 g) Section 16A -4 -410 Restricted housing requirements and 179 h) Section 16A -5 -310 Review standards 180 TC Ord. 10 -10 Page 5 of 10 181 182 Section Two: Action In accordance with the findings stated in Section. One of this 183 Ordinance, Town Council approves the Minor Planned Unit Development (PUD) 184 Amendment application for the Snowmass Mountain Condominium renovation and 185 expansion project as described below and shall also be subject to the applicant 186 addressing and /or implementing the conditions set forth below in Section Three. 187 188 Section Three: Conditions Town Council approves with conditions the Snowmass 189 Mountain Condominium Minor PUD Amendment renovation and expansion project, 190 pursuant to the following descriptions and subject to the noted restrictions: 191 192 A. Amendment of Final PUD 193 194 1. Approval of the overall Site Plan including the proposed building 195 locations, parking layout and circulation system. The project will continue 196 to include a total of 60 existing units (59 free market units and one [1] 197 manager's unit) within Buildings A through L, that would be modified to a 198 total of 63 units involving 62 free market units and one [1] converted 199 manager's unit into an employee unit in Building A provided that future 200 phase Building M is built pursuant to the attached draft Vested Rights 201 Development Agreement for five (5) years as proposed by the Applicant 202 (Exhibit "B incorporated herein). 203 204 2. Approval of the revised parking layout for 65 spaces in the initial phase 205 (approximately 35 surface and 30 covered spaces meeting current Code 206 standards) that would still contain the current count of 62 spaces, which 207 includes the six (6) carport spaces where the future phase Building M is 208 proposed. 209 210 3. Acceptance of the future phase new Building M containing a maximum of 211 three, (3)- bedroom units and a minimum of nine (9) parking spaces pursuant 212 to the development parameters outlined in the modified Final PUD Guide 213 (Exhibit "A and draft Vested Rights Development Agreement for five (5) 214 years (Exhibit "B as proposed by the Applicant, that also has the 215 provision of review and approval process by the Town for a refined design 216 of Building M in the future meeting the development parameters, as 217 proposed by the Applicant in the Development Agreement and referenced 218 Final PUD Guide. 219 220 4. Approval of the proposed exterior renovation in terms of the overall 221 architectural character, building materials and construction details. 222 223 B. General Restrictions 224 225 1. Greater Buiidout Modified approval of a maximum of 62 free market units TC Ord. 10 -10 Page 6 of 10 226 plus one (1) manager's unit or a total of 36.4 unit equivalents. Such unit 227 equivalency falls within the Municipal Code's maximum based upon 65% 228 buildout of the previously approved 65 maximum /future units modified to 229 63 units that shall be revised in the Buildout Chart. The proposed Minor 230 PUD Amendment for the buildout variation previously granted in 2008 231 from 60 units still satisfactorily achieves one or more Community 232 Purposes as previously proposed, specifically: 233 234 a) the provision of restricted housing beyond that required, if future 235 phase Building M is built; 236 b) encourages better design; and 237 c) develops necessary public facilities (enlarged transit turnaround). 238 239 2. Dimensional Limitations a) Approval of a modified height variation from 240 39 feet to a 35 -foot maximum height for the proposed Building M; and 241 retaining the maximum existing heights for the existing Buildings A thru L 242 that may not be modified and /or expanded without further approval by the 243 Town; and b) Approval of a setback variation from the platted setbacks to 244 accommodate Parcel M with the future phase Building M. The modified 245 variation requests are acceptable since the proposed Minor PUD 246 Amendment would continue to achieve one or more Community Purposes, 247 specifically: a) the provision of additional restricted housing beyond that 248 required for future phase Building M; b) encourages better design; and c) 249 develops necessary public facilities. 250 251 3. Required Parkinq The proposed future phase Building M adds the 252 following: Nine (9) free market bedrooms requiring nine (9) parking 253 spaces due to the requirement of one (1) space per bedroom and the 254 conversion of a manager's unit to a restricted unit requiring another space 255 due to the requirement of 1.5 spaces per bedroom, and parking provisions 256 have been acceptably planned in the Final PUD Guide. 257 258 4. Parking Provisions Approval of the modified arrangement of 65 off street 259 parking spaces (approximately 30 covered and 35 surface) in the initial 260 phase meeting the Municipal Code dimensional requirements, including 261 the six (6) existing carport spaces, because the proposal maintains and 262 exceeds the existing supply of 62 spaces for 60 units and the minimum off- 263 street parking requirements set forth in Table 4 -3 of the Municipal Code 264 due to the existing parking being set by previous plan or subdivided lot 265 prior to the Final PUD approval in 2008. The proposed Parking 266 Management Plan (see Exhibit "C shall be implemented to ensure the 267 proper usage of the parking supply. 268 269 5. Road standards Approval of the access road, Upper Woodbridge, as a 270 24 -foot wide two -way, traffic lane with a 70 -foot diameter turnaround on the TC Ord. 10 -10 Page 7 of 10 271 upper parking lot area to provide adequate public transportation and 272 emergency access. The roadway area, decreasing from approximately 273 26,272 square feet in the previous approval in 2008 to 24,765 square feet 274 with the amendment, would be snowmelted to improve vehicular access, 275 safety and parking. An adequate snow storage area for any non snowmelted 276 areas shall be identified on the final building construction plans. 277 278 The Town of Snowmass Village shall not accept the obligation for 279 financing, construction or maintenance of improvements on Upper 280 Woodbridge Road on the site. 281 282 C. Review Standards 283 284 1. Landscaping Approval of, a) the Interim Landscape Plan for the 285 replacement retaining wall system and site together with b) the final 286 Landscape Plan incorporating the plantings around future phase Building 287 M. However, if the tall existing evergreen trees between Buildings A and 288 H beside the pool are planned to be preserved as represented by the 289 Applicant, then such trees shall be noted in the building construction plans 290 as being preserved. Further, if such trees shall not survive the 291 redevelopment activities, then they shall each be replaced with 12 to 15- 292 foot tall coniferous trees. 293 294 Additionally, the landscaping for the initial phase shall be installed within 295 one year after completion of the replacement retaining walls as noted in 296 the attached Development Agreement (Exhibit "B and the landscaping 297 for future phase Building M shall be completed within one year after 298 issuance of a Temporary Certificate of Occupancy for the initial unit and 299 prior to Final issuance of a Certificate of Occupancy for all the units. 300 301 2. Restricted Housing As a prerequisite to the granting of a building permit 302 for Building M, the current employee housing requirement of 315 square 303 feet shall be met within Building A (clubhouse) by the conversion of an 304 existing, non -deed restricted, 2- bedroom, 965 square foot manager's unit 305 to a restricted unit, as proposed by the Applicant pursuant to the attached 306 Development Agreement (Exhibit "B and its referenced exhibits. The 307 additional 650 square feet beyond that required for mitigation shall be 308 deemed a Community Purpose item. 309 310 3. Adequate utility drainage facilities Acceptance of the Civil 311 Infrastructure /Utility /Drainage Plans of which those necessary plans shall 312 be prepared in final form and subject to obtaining final approval from the 313 Town Engineer (see Exhibit "D" for the outstanding review comments) and 314 shall be reviewed in accordance with Section 16A -4 -230, Water supply, 315 sewer disposal and 250, Storm drainage in consideration of the findings TC Ord. 10 -10 Page 8 of 10 316 in Section One of this ordinance, prior to commencement of construction. 317 318 If a drainage district is formed in the future for the area or neighborhood 319 that incorporates the site, the applicant shall be required to join said 320 district. 321 322 4. Solid waste disposal facilities: The provision for adequate trash facilities 323 shall be specifically addressed or described by the applicant forthe phase 324 1 and phase 2 areas within the building construction plans to the 325 satisfaction of the Public Works Solid Waste Division prior to issuance of a 326 building permit. 327 328 5. Spatial pattern shall be efficient There shall be adequate road, utility 329 and /or trails easements, or re- granted realignments thereof, provided prior 330 to the issuance of a building permit. Any water or sewer line extensions 331 need to be coordinated and be consistent with the Snowmass Water 332 Sanitation District's service plan. 333 334 6. Phasing: A phasing and construction management plan shall be included 335 as part of the building construction plans to the satisfaction of the Chief 336 Building Official. 337 338 D. Variations affecting Parcel M via accompanying Replat Documentation. 339 340 1. The Applicant has formally requested a lot size variation of Parcel M 341 which would require a lot size of 10,500 square feet via the proposed 342 future phase Building M of three (3) units and a total of nine (9) bedrooms 343 to a reduced size of 5,050 square feet, which is acceptable pursuant to the 344 applicant's description and offered community purposes as explained in 345 attached Exhibit "E" incorporated herein, and the variation would assist in 346 achieving the community purposes offered. 347 348 2. The affects of the maximum Floor Area Ratio (F.A.R.) upon Building M with 349 a lot size reduction variation for Parcel M would require a F.A.R. limit of 1:1 350 or 5,050 square feet for Building M per the underlying 'MF' zone district, 351 but since a larger version of Building M of 10,297 square feet was 352 approved via Ordinance No. 07, Series of 2008, the reduced size of 353 Building M to a maximum 8,000 square feet proposed by the Minor PUD 354 Amendment per the Final PUD Guide in Exhibit "A" is an acceptable F.A.R. 355 modification, provided that the other development parameters or limitations 356 in the PUD Guide are met for future -phase Building M. 357 358 3. The 1:1 F.A.R. maximum on the reduced size of Parcel C from 1.11 acres 359 to 0.99 acre per the associated replat to extract created Parcel M would 360 acceptably not be affected as the existing floor area of approximately TC Ord. 10 -10 Page 9 of 10 361 30,000 square for Buildings J/K and L would fall under the modified 362 maximum F.A.R. of 43,300 square feet for Parcel C per the underlying `MF' 363 zone district, subject to future -phase Building M complying with the 364 development parameters or limitations in the Final PUD Guide. 365 366 E. Miscellaneous items. 367 368 1. The Applicant shall complete all actions or matters which in the opinion of 369 the Planning Director and the Town Attorney, are necessary to implement 370 the conditions of this Ordinance and the requirements of the Municipal 371 Code and to satisfy or dispense with the completion, execution and /or 372 recording of all documents, including the affected Development Agreement 373 attached as Exhibit "B" together with Exhibit 1 of the new Trail Easement, 374 before the associated re -plat is executed and placed of record or as 375 deemed applicable by the Town Attorney. Should disagreements arise that 376 cannot be resolved between Town Staff and the Applicant, the matter shall 377 be referred to the Town Council for direction or a final determination. 378 379 2. Exhibit 2 of the Development Agreement for the "Occupancy Deed 380 Restriction and Agreement for an Affordable Housing Unit" (i.e., conversion 381 of the existing Manager's unit in Building A) shall be executed and recorded 382 prior to the issuance of the first Certificate. of Occupancy for Building M if 383 constructed, subject to final review of the Planning Director and the Town 384 Attorney. Should disagreements arise that cannot be resolved between 385 Town Staff and the Applicant, the matter shall be referred to the Town 386 Council for direction or a final determination. 387 388 Section Four: Severability If any provision of this Ordinance or application hereof 389 to any person or circumstance is held invalid, the invalidity shall not affect any other 390 provision or application of this Ordinance which can be given effect without the 391 invalid provision or application, and, to this end, the provisions of this Ordinance are 392 severable. 393 394 INTRODUCED, READ AND APPROVED, as amended, on first reading by the 395 Town Council of the Town of Snowmass Village, Colorado on July 19, 2010 upon a 396 motion by Town Council Member Butler, the second of Town Mayor Boineau, and a 397 vote of 4 in favor and 1 against (Council Member Mordkin voting no). 398 399 READ, APPROVED AND ADOPTED on second reading by the Town Council 400 of the Town of Snowmass Village, Colorado on August 2, 2010 upon a motion by 401 Town Council Member the second of Town Council Member 402 and a vote of in favor and against. 403 404 405 TC Ord. 10 -10 Page 10 of 10 406 407 TOWN OF SNOWMASS VILLAGE 408 TOWN COUNCIL 409 410 411 41 Bill Boineau, Mayor 413 414 ATTEST: 415 416 417 418 Rhonda B. Coxon, Town Clerk 419 420 APPROVED AS TO FORM: 421 422 423 424 John C. Dresser, Jr., Town Attorney 425 426 427 Attachments: 428 Exhibit A Final PUD Guide and its Exhibits 429 Exhibit B Vested Rights Development Agreement along with its provisions and 430 referenced Exhibits 431 Exhibit C Parking Management Plan 432 Exhibit D Referral Agency Review Comments 433 Exhibit E Applicant's formal request for a lot size variation of proposed Parcel M 434 with offered community purpose. Exhibit "A" Town Council Ordinance No. 10, Series of 2010 Final PUD Guide and its Exhibits SNOMWASS MOUNTAIN CONDOMINIUMS MINOR PUD AMENDMENT 1 Snowmass Mountain Condominium Renovation and 2 Minor PUD Amendment 3 Final Planned Unit Development Guide 4 5 This Modified Final PUD Guide "PUD Guide summarizes the final development plan, 6 land uses, densities, zuiie distiict limitatiuiis wid development regulations for the Expansion and 7 Exterior Renovation of Snowmass Mountain Condominium Project, Snowmass Village, as 8 approved in Snowmass Village Ordinance No. 10, Series of 2010 (the "Approval Ordinance 9 Where this PUD Guide does not address a specific development standard or requirement of the 10 Code, the provisions of the Municipal Code shall apply. To the extent the provisions of this PUD 11 Guide conflict with or are in any way inconsistent with the Municipal Code, the provisions of this 12 PUD Guide shall apply. References in this PUD Guide to the Municipal Code mean provisions 13 as amended or renumbered from time to time except that if the applicable provision has been 14 amended to be more restrictive or burdensome on the development or use of the Project or a 15 portion thereof than the provision in effect in the version of the Code in effect in 2010, shall 16 apply. 17 18 GENERAL DEVELOPMENT PARAMETERS 19 20 1. Zoning. The underlying zoning of the Snowmass Mountain Condominium parcel 21 (Parcels A, B and C, Snowmass Mountain Condominiums) "the Property at the time of the 22 previous application was "Specially Planned Area (SPA), which has been rezoned to Multifamily 23 (MF) as part of the previous approval Ordinance No. 8, Series of 2008. The property remains 24 zoned 'MF' with the Minor PUD Amedment. 25 26 2. Condominium. The original Condominium Declaration for Snowmass Mountain 27 Condominiums was recorded in the office of the Clerk and Recorder of Pitkin County, Colorado 28 on January 14, 1974, in Book 283 at Page 341 and the initial Condominium Map was recorded 29 on January 15, 1974 in Plat Book 4 at Page 457. The initial Condominium Map reflected the 30 construction of twenty two (22) individual airspace units in five (5) buildings, designated as "A 31 "B "C "D and "E located on land shown on the Condominium Map as Parcel "A A 32 Supplemental Condominium Declaration for Snowmass Mountain Condominiums 33 Supplemental Declaration was recorded on April 2, 1976 in Book 310 at Page 249, together 34 with a Supplemental Condominium Map recorded in Plat Book 4 at Page 593. The 35 Supplemental Condominium Map reflects the construction of twenty (20) additional airspace 36 units in four (4) buildings, designated as "F "G "H and "I and are located on land shown on 37 the initial Condominium Map and Supplemental Condominium Map as Parcel B. On April 13, 38 1977, a Second Supplement to Condominium Declaration for Snowmass Condominiums was 39 recorded in Book 327 at Page 283 together with a Second Supplemental Condominium Map 40 that was recorded April 11, 1977, in Plat Book 5 at Page 79. The Second Supplemental 41 Condominium Map reflects the construction of eighteen (18) additional individual airspace units 42 in three (3) buildings, designated as "J "K" and "L and are located on land shown on the PUD Guide /Development Summary Table 43 Condominium Map as Parcel C. The Amended Preliminary Condominium Map is attached as 44 Exhibit B and will be recorded in the Office of the Pitkin County Clerk and Recorder and a final 45 Amended Condominium Map will be prepared and recorded when construction is completed. 46 47 3. Permitted Uses: 48 49 Permitted Uses are those uses previously permitted on the Property and construction 50 use, materially as described in the plans and specifications referenced under 51 Development Parameters, below, submitted by the Snowmass Mountain Condominium 52 Association and the Owners of units in Snowmass Mountain Condominiums (collectively 53 "Snowmass Mountain HOX) to the Town of Snowmass Village. 54 55 4. Residential Uses: 56 57 a) Actual Units. The Project may contain a maximum of sixty three (63) Units, 58 which includes the existing Managers Unit in Building A. 59 b) Restricted Housing. The Project will contain one (1) Restricted Housing dwelling 60 unit, or substitute as to be agreed or approved by the Town, only if and when the 61 Snowmass Mountain HOA should submit an application building permit of 62 Building M. 63 64 5. Phasing: The project will consist of two phases. 65 66 a) Phase one will address the replacement of the failing retaining wall, exterior 67 renovation, interceptor drain instillation and new drive /parking surface with 68 snowmelt together with replacement landscaping. 69 b) The second phase of the project will be to construct a new building with new 70 landscaping around the building. The new Building M will only be constructed in 71 the event that the members of Snowmass Mountain HOA determine to proceed 72 with this phase of the approval, subject to the companion Vested Rights 73 Development Agreement. 74 75 DEVELOPMENT PARAMETERS FOR PARCEL AND THE BUILDINGS 76 77 The Amended Preliminary Condominium Map and the Development Summary Table attached 78 as Exhibits A and B respectively show the unit equivalency and other dimensional changes in 79 the development Parameters which have been approved. 80 81 Buildinq Parameters Buildings on the Property will be built in substantial conformance 82 with the plans and specifications for the Project described in the Application for an Amendment 83 of Minor PUD, submitted to the Town, which shall be referred to herein as the "PUD 84 Amendment Application" which representations are incorporated herein. 85 Page 2 of 6 PUD Guide /Development Summary Table 86 Building Height The maximum permitted height of the existing buildings at Snowmass 87 Mountain Condominiums, buildings A through L, shall not be increased. The maximum 88 permitted height of Building M shall be: thirty five (35') from the worst -case finished grade 89 according to the building elevation drawings submitted to the Town of Snowmass Village during 90 the approval process. 91 92 Setbacks The setbacks on the Property shall be as depicted on [lie Existiiiy 93 Conditions Map located in Enclosure 9 of the PUD Amendment Application or the Existing 94 Conditions Map for Buildings A through L. 95 96 Open Space Open Space within the Project shall be as set forth as stated in the PUD 97 Amendment Application. See enclosure 12 as part of the PUD Amendment Application. 98 99 Landscape Plan Upon completion of phase one of the project the property and open 100 spaces on the Property shall be developed and landscaped in substantial conformance with the 101 Interim Landscape Plan on file in the office of the Town's Planning Department. If and when 102 Building M is constructed Snowmass Mountain Condominiums will implement the final 103 landscape plan. See enclosure 16 as part of the PUD Amendment Application, also herein 104 attached. 105 106 Parking Parking on the property during the initial phase is as depicted on the PUD 107 Amendment Application and will contain not less than sixty five (65) spaces detailed in 108 Enclosure 12 of the PUD Amendment Application. If and when Building M is constructed on site 109 there will no less than 71 parking spaces. 110 111 List of Exhibits by Reference 112 In the PUD Guide for the Snowmass Mountain Condominium Minor PUD 113 Amendment 114 115 The following materials previously submitted to the Town shall be considered by Town Staff 116 when evaluating the Project's compliance with the terms of this PUD Guide. In the event of 117 conflict between any of the provisions of the materials described below, the provisions of the 118 later- prepared materials shall control. 119 120 A. All documents attached to the Final Approval Resolution 121 122 B. Design Drawings (see attached): 123 Architectural Plan Sheets Date Preparer Name Snowmass Mountain Architectural Site Plan 1/22/2010 The Neenan Company Condominium Sheet A1.02 124 125 C. Material and color information: Page 3of6 PUD Guide /Development Summary Table 126 Architectural Plan Sheets Date Preparer Name Snowmass Mountain See Enclosure 17 of PUD 1/22/2010 The Neenan Company Condominium Amendment Application 127 128 D. Landscape Plans (see attachments): 129 Landscape Plan Name Sheets Date Preparer Snowmass Mountain Condominium L1.01 Interim 1/06/2010 The Neenan Company Landscape plan Snowmass Mountain Condominium L1.01 1/06/2010 The Neenan Company 130 131 E. Civil Engineering Reports: 132 Civil Plan Name Sheets Date Preparer Snowmass Mountain See Enclosure 14 of PUD 1/22/2010 Colorado Civil Condominium Amendment Application. Full Consultants size drawings on file with Town 133 134 F. Building M Elevations and Floor Plans (see attachments): 135 Building M Sheets Date Preparer Snowmass Mountain See attachments 1/22/2010 The Neenan Company Condominium 136 137 SNOWMASS MOUNTAIN CONDOMINUMS 138 DEVELOPMENT SUMMARY TABLE 139 140 OVERALL SITE COVERAGE CONDITIONS Overall Site Area 348,480.0 SF (8.0 acres) Developed Site Area 217,757.0 SF Open Space Landscaped Area 186,942.0 SF (includes road parking area noted below) Buildings A L Coverage with 30,815.0 SF Carport, and pool Road Parking 27,272.0 SF (stand -along calculation) 141 142 143 OVERALL FLOOR AREA ON THE SITE 144 Condominiums (Buildings A thru L): 67,222.0 SF (60 Units, includes Managers Unit in Building A) Building M Units 8000.0 SF (3 Units) 145 146 Page 4 of 6 PUD Guide /Development Summary Table 147 1. Total of sixty three (63) Units sixty two (62) Free Market Units and one (1) Deed Restricted Unit 148 at the time of Building M construction: 149 150 Sixty five (62) Free market units, Buildings A through M 74,257.0 SF floor area 151 152 Building A 153 (1) Association -Owned Manager's Unit 965.0 SF floor area 154 155 Building M (New Building) 156 New condominium SF Building M (with 3 units) 8,000 SF floor area 157 (Maximum total of 9 bedrooms; 3 bedrooms per unit) 158 159 2. Building Height 160 161 Building Height For Buildings A -L Existing (no change) 162 Building Height For Building M 35-0" (max.) 163 164 3. Site Parking 165 166 Total Parking Spaces (Initial phase) 65 (including in carport structure) 167 Covered 30 168 Surface 35 169 Subtotals: 170 Handicap 1 171 Standard 64 172 173 Total Parking Spaces (Final phase with Building M) 71 (including in carport structure) 174 Covered 38 175 Surface 33 176 Subtotals: 177 Handicap 1 178 Standard 70 179 180 NOTE: Final phase includes 9 parking spaces for the 9 total bedrooms in Building M. 181 182 4. Approval of the proposed Exterior Renovation in terms of the overall architectural character, 183 building materials, construction details, and landscaping (See Tab 15 for material color samples in 184 application notebook dated January 8, 2010 and updated January 26, 2010). 185 186 a) Hardboard Siding 187 b) Timber Details 188 c) Cultured Stone Veneer 189 190 5. Building Summary (see next page) 191 Page 5 of 6 PUD Guide /Development Summary Table 192 BUILDING OF UNITS OF BEDROOMS A 6 12 B 4 8 C 4 8 D 4 8 E 4 8 F 4 8 G 4 8 H 6 13 1 6 14 1 6 13 K 6 14 L 6 13 TOTAL 60 127 M 3 9 SUBTOTAL 63 136 DEED RESTRICT EXISTING MANAGERS UNIT IN BUILDING A, AT TIME OF BUILDING M CONSTRUCTION A 1 2 TOTAL 63 136 193 Page 6 of 6 d\(�\ 3 HHH:B D 3 O 1 !'I! i >m§!: 2z Z \a!`)m A O Ga O R M. 2 m O 0 m o -i a\ p f y w 2[ SITE t\ /E Snowm ass Mountain Condominiums s Wall Replacement and Renovation _trucu Snowmass Village, Colorado ese opt WON e 01 (11 0 U3 rn 70 HH r rn rn ci 4« 7a a f 2: M Q1 A DZO DX j Ld't) r O t A G rn p M d 7 rn 1 HrnA no rn to 2 a Y k e ql l N AT to r i n t x L t4i Okk I R I S all z E f H 0 G C 3 r" ptt O r7 U3 m kit t Q Q F 7 t -t ®cnr tJ L 6J N ty l7+ lR 4 Y n a m a to ;i' r n to rn c Ss1 m rn h l r Y ny III e O `a c to Iz t{? H Cs FtF f ,s- t-t D Pte 'i s Ut t}t to N i t CD tv f tt r� z CO AS ti Q i "�ii'?t i l! Fiji 1E S [1 :r 0 Z Ni M 0 -17 3 oYO i 5 y t 4 s S! p Y1 7 E 9 1j14 z L I Y E S T z l Y :•A ��Q f L 1 ji a il b a m tom•' VMQ vv "p l iii sY q "iY z k� `y7 I uaNDSGPEPIan Snowmass M ountain Condomini 1L�11�� o w Wall Replacement and Renovations s z 55 Upper Woodbridge Road, Snowman Village CO, 81615 i n 4 m� z rn O to G X N n O O 0 b r T� 3 r r O D txt tat Zf III A d r S I� n N t-t -i j O i F J M a o i a a P z 4� V n n t H O D b 3 a �c a t r rn m is Z rn z a m -11 n i a ii m rn a a a z a r cj. p t+ n O v z m q c D O Ot H t z r t to m OV 3 O Y m rn p n r is G to b ri n z i 0 A r d Al Is t i Ci G Ctii ni o- n U6 8,356 a It 1 I i Jo t _G U c D SNOWMASS MOUNTAIN CONDOMINIUMS SNOWMASS VILLAGE P!TKIN COUNTY, COLORADO 81616 4 I i I o m o Q e SNOWMASS MOUNTAIN t CONDOMINIUMS ..w 3 SNOWMASS VILLAGE PITKIN COUNTY. COLORADO 81815 1 1 I a 6 �M i 1 N 1 G 1 f Q W F N 1 20 -o m i i J 3 O CC O I SNOWMASS MOUNTAIN CONDOMINIUMS I 1 SNOWMASS VILLAGE PITKW COUNTY, COLORADO 81615 f rn n O I 2 C i I z i I i 3 7t r r 3 3 r sNOWNiA SS MOUNTAIN GONDOmif jiuf �s ^"'MASS P�2r.•,.... COLORADO 81615 n r f 3 I f i 1 a i I H Q 1 1 f d z"S 7 A s� SNOWMASS MOUNTAIN I f�' i I CONDOMINIUMS VILLAGE pt7f C, ^U4TY, COLORADO 81646 Exhibit "B" Town Council Ordinance No. 10, Series of 2010 Vested Rights Development Agreement with its provisions and referenced Exhibits SNOMWASS MOUNTAIN CONDOMINIUMS MINOR PUD AMENDMENT DRAFT: JULY 7 2010 DEVELOPMENT AGREEMENT r r TOWN OF SNOWMASS VILLAGE, COLORADO SNOWMASS MOUNTAIN CONDOMINIUM ASSOCIATION, INC. FOR VESTING OF PROPERTY RIGHT SNOWMASS MOUNTAIN MINOR PUD PLAN �vFtfm.i THIS DEVELOPMENT AGREEMENT (this "Agreement dated as of 2010 is between Snowmass Mountain Condominium Association, Inc., a Colorado nonprofit corporation (hereinafter "Snowmass Mountain and the Town of Snowmass Village, a Colorado municipal corporation (hereinafter called the "Town RECITALS WHEREAS, Snowmass Mountain submitted an Application for approval of a Minor PUD Amendment submission dated January 6, 2010 and updated January 26, 2010' (hereinafter the "Application for the Snowmass Mountain Condominium Association project (the "Property WHEREAS, Snowmass Mountain and the Town desire to enter into this agreement as a means of memorializing the terms and conditions of the approval and the assurances of the Town and Snowmass Mountain to each other as set forth in Town Ordinance No. 07, Series of 2008 (the "Approval Ordinance and WHEREAS, the Town Municipal Code (the "Code authorizes the execution of "development agreements" by the Town. NOW THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as follows. ARTICLE 1 VESTED PROPERTY RIGHTS 1.1 Vested Property Rights (a) The Town and Snowmass Mountain agree that all rights of Snowmass Mountain granted, recognized and confirmed in the Approval Ordinance and this Agreement constitute "Vested Property Rights," as such term is defined in the Code. By way 1 The Application requests an amendment to the approval of a Minor PUD granted Snowmass Mountain by Ordinance No. 07, Series of 2008, which approval was not implemented by the Applicant for the reasons set forth in the Application. of illustration, and not limitation, "Vested Property Rights" include the right to implement the Minor PUD Plan and engage in land uses on the Property in accordance with the provisions of the Approval Ordinance for the period of five (5) years from the date of the Approval Ordinance as described in Section 1.3. below. (b) The Town shall not enforce against Snowmass Mountain or the Property any amendment to the Code adopted after the date of the Approval Ordinance, or any other zoning, land use or other legal, administrative rule, regulation, ordinance, resolution or requirement that does not apply to the Property as of the date of the Approval Ordinance, or otherwise take any other action that would directly or indirectly have the effect of impairing, preventing, diminishing, imposing a moratorium on improvements and development contemplated by the Application and approval thereof, or otherwise delaying the development or use of the Property in accordance with this Agreement or the Approval Ordinance. Except for those conditions contemplated in the Approval Ordinance or the Code in effect as of the date of the Approval Ordinance, and any other agreements related to the development or use of the Property executed between the Town and Snowmass Mountain contemporaneously with the execution of this Agreement or the Approval Ordinance, the Town shall not subject development or use of the Property to any other exactions, payments, dedication or reservation requirements, obligations for constructing on -site or off -site public improvements or facilities, or the payment of any fees in lieu of any of the foregoing in connection with the development, construction, use or maintenance of the Property as described in the Approval Ordinance or any other exercise of the Vested Property Rights. (c) Notwithstanding the foregoing, the Vested Property Rights recognized herein shall not exempt Snowmass Mountain from requirements for building permits, other necessary permits or other approvals required subsequent to the approval of the Approval Ordinance (as required by the Code in effect as of the date hereof.) The establishment of the Vested Property Rights shall not preclude the Application of the requirements of the building code, fire code, plumbing code, electrical code, the mechanical code or of any regulations specifically adopted to correct or mitigate natural or man -made hazards on or in the immediate vicinity of the Property, which hazards could not reasonably have been discovered at the time the Approval Ordinance was approved, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare, all as more particularly described in Section 24 -68 -105 of the Colorado Revised Statutes. 1.2 Conditions Subsequent to Continued Existence of Vested Property Rights. (a) The Application and Approval Ordinance contemplate four components of the 2 approved Minor PUD Plan' with the Application: (i) Replacement of an existing retaining wall with a new retaining structure; (ii) New drive, parking and bus turnaround surface on Snowmass Mountain Property; (iii) An exterior renovation of the Snowmass Mountain project; and (iv) Maintaining the right to build a proposed future phase Building "M" and the granting of vested rights for a period of five (5) years from the date of the Approval Ordinance. (b) With regard to items (1), (ii) and (iii) above, Snowmass Mountain agrees to the following: 1. Snowmass Mountain shall conform to the parameters of the PUD Guide attached to and made part of the Approval Ordinance; and 2. Snowmass Mountain shall grant a ten (10) foot trail easement to the Town to be determined by the Town in that area for the trail easement as shown on the approved Minor PUD Plan and the form of easement attached as Exhibit "1." 3. Within one year of the completion of the new retaining structure, Snowmass Mountain Condominiums shall install landscaping in accordance with the Interim Landscape Plan identified in the Final PUD Guide. (d) With regard to the Town's approval of Snowmass Mountain's right to build Building "M," and the extension of vested rights for Building "M," Snowmass Mountain shall provide the following as a condition to the issuance of a building permit: 1. File with the Town for approval a Supplemental Application for Building "M," consistent with the development parameters in the PUD Guide. 2. File a deed restriction of the Manager's Unit in Building A, substantially in accordance with the form of which deed restriction is attached as The approved Minor PUD Plan includes a request for condominiumization of Building "M" for the Snowmass Mountain Condominiums in accordance with the provisions of the Colorado Common Interest Ownership Act (C.R.S. Section 38- 33.3 -101, et seq.). 3 Exhibit "2." The Supplemental Application may be processed in accordance with Procedures for Planning Director Supplemental Plan Review and Approval attached as Exhibit "3." The continued existence and duration of the Vested Property Rights recognized in this Agreement is subject to the condition that no Material Default by Snowmass Mountain shall occur. If a Material Default shall occur, then, as provided in Section 16A- 5 -90(c) of the Town Code, the Vested Property Rights shall be forfeited. For purposes hereto, "Material Default" shall mean a failure by Snowmass Mountain to perform any of its obligations under any of the Other Agreements or the Approval Ordinance in any material respect that remains uncured upon notice of such default to Snowmass Mountain after the expiration of any reasonable applicable cure period as such default is conclusively determined by a court of competent jurisdiction in a final, non appealable judgment or order. 1.3 Duration. In consideration of Snowmass Mountain's performance of its obligations undertaken in the Other Agreements and in recognition that Snowmass Mountain must undertake fund raising from to complete the development of Building "M" and the effect of varying economic cycles and market conditions, the Town has concluded and agrees that the Vested Property Rights shall be vested and continue for a period commencing on the date of the Approval Ordinance and expiring five (5) years from the date thereof (the "Vesting Period Unless expressly provided to the contrary therein, the Approval Ordinance and any modifications and amendments to the Approval Ordinance or any other material related to the development of the Property shall become part of the Vested Property Rights recognized hereunder automatically upon approval by the Town and such vesting shall last throughout the term of the vested rights. Snowmass Mountain may submit requests for further extensions, which may or may not be granted in the sole discretion of the Town Council. ARTICLE II DEFAULT 2.1 Default by Snowmass Mountain. If Snowmass Mountain shall commit a default under the terms of any of the Other Agreements or fail to perform any of its obligations under the Approval Ordinance, which default or failure to perform extends beyond the expiration of any applicable grace and cure period, Snowmass Mountain shall not be entitled to receive additional building permits for the construction of Building "M" described in the Approval Ordinance until such time as the default or failure to perform is cured or the Town otherwise agrees to issue such a building permit. In addition, (a) the Town shall be entitled to all rights and remedies set forth in such Other Agreements upon such an uncured default, and (b) as noted in Section 1.2(b) above, upon a Material Default, the 4 Vested Property Rights recognized hereunder shall be forfeited as provided in Section 16A -5- 90(c) of the Town Code. 2.2 Default by the Town. If the Town is in default in the performance of its obligations under this Agreement, the Town shall have the right to cure such default within 60 days after written notice by Snowmass Mountain of the default to the Town. If the Town fails to cure such default within 60 days after written notice is given from Snowmass Mountain to the Town specifying the nature of the default, then Snowmass Mountain shall have all rights available to it at law or in equity, specifically including the right to specific performance, injunctive relief and /or damages. Upon a default hereunder by the Town, the Vested Property Rights shall be extended for a period of time equal to the duration of such default by the Town, which extension shall specifically include any applicable cure period enjoyed by the Town under this Section 2.2. ARTICLE III ASSIGNMENT 3.1 Assignment by Snowmass Mountain. (a) Snowmass Mountain may assign its rights and obligations under this Agreement, or any portion thereof with regard to Building "M," without the Town's consent by a written recorded instrument expressly assigning such rights and powers any entity which succeeds to substantially all of Snowmass Mountain remaining development rights with respect to the Property as described in the Approval Ordinance. Such consent by the Town shall not be unreasonably withheld. (b) Upon an assignment by Snowmass Mountain of any of its rights or obligations under this Agreement to another entity, and an assumption of those rights or obligations by such assignee, Snowmass Mountain shall be released of all liabilities arising under this Agreement with respect to such rights or obligations or pertaining to Building "M." ARTICLE IV MISCELLANEOUS 4.1 Binding Effect. This Agreement shall be binding upon the parties and shall inure to the benefit of each party's successors and assigns, as designated by a written assignment recorded in the Pitkin County Clerk and Recorder's Office. 5 4.2 Burden and Benefits. Each of the benefits, burdens, terms, covenants, agreements and conditions of this Agreement shall be construed as covenants running with the land benefitting and burdening the Property or any applicable portion thereof, and it is the intent of the parties that such benefits, burdens, terms, covenants, agreements and conditions touch and concern such property. 4.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 4.4 Scope of Agreement. The rights granted to Snowmass Mountain by this Agreement are in addition to any other rights held by Snowmass Mountain under applicable law. 4.5 Exhibits. All of the exhibits to this Agreement are hereby incorporated into this Agreement by reference. In the event of any conflict between a term, condition or provision of this Agreement and a provision of the Town's Code, the terms of this Agreement shall control. 4.6 Severability. If any provision of this Agreement shall be invalid, illegal, void or unenforceable, it shall not affect or impair the validity, legality or enforceability of this Agreement or any other provision hereof, and a court shall enforce this Agreement to the maximum extent legally possible to give effect as nearly as possible to the original intent of the Town and Snowmass Mountain as expressed in this Agreement. If any provision of this Agreement is invalid, illegal, void or unenforceable not in its entirety but as applied to a particular act, thing or circumstance, such provision shall not affect or impair the validity, legality or enforceability of this Agreement or any provision hereof as applied to any other act, think or circumstance, and a court shall apply such provision and enforce this Agreement to the maximum extent legally possible to give effect as nearly as possible to the original intent of the Town and Snowmass Mountain as expressed in this Agreement. 4.7 Termination; Amendment; Waivers. This Agreement may not be terminated, modified or amended, nor may waivers hereunder be granted, except in writing and only with the consent and approval of Snowmass Mountain and the Town. 6 4.8 Notices. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested. Address for giving notice to Town: Town of Snowmass Village Community Development Department 16 Kearns Road Snowmass Village, CO 81615 Address for giving notice to Snowmass Mountain: Snowmass Mountain Condominium Association, Inc. P.O. Box 5124 Snowmass Village, CO 81615 4.9 Recording. Snowmass Mountain and the Town each shall have the right to record this Agreement in the records of the office of the Clerk and Recorder of Pitkin County, Colorado. 4.10 Captions and Titles. All captions and titles of headings of Articles and Sections in this Agreement are for the purpose of reference and convenience and are not to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof. 4.11 Attorney Fees. Notwithstanding anything to the contrary contained in this Agreement, if either party institutes legal proceedings against the other with respect to this Agreement, the non prevailing party shall pay to the prevailing parry an amount equal to all attorneys' fees and disbursements and all other costs and expenses incurred by the prevailing party in connection therewith, including, without limitation, the fees and disbursements of any attorneys, accountants, engineers, appraisers or other professionals engaged by the prevailing parry, whether incurred before or at trial, on appeal, in bankruptcy or in post judgment collection. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 2010. THE TOWN OF SNOWMASS VILLAGE By: Bill Boineau, Mayor (Date) ATTEST: Rhonda B. Coxon, Town Clerk SNOWMASS MOUNTAIN CONDOMINIUMS ASSOCIATION, INC., A COLORADO NONPROFIT CORPORATION By: (Date) STATE OF COLORADO ss. COUNTY OF PITKIN The above and foregoing document was acknowledged before me this day of 2010 by Bill Boineau as Mayor for the Town of Snowmass Village and by Rhonda Coxon as Town Clerk for the Town of Snowmass Village. Witness my hand and official seal. My commission expires [SEAL] Notary Public 8 STATE OF COLORADO ss. COUNTY OF PITKIN The above and foregoing document was acknowledged before me this day of 2010 by as of the Snowmass Mountain Condominium Association, Inc., a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires [SEAL] Notary Public 9 EXHIBIT "I" (Trail Easement to be attached) 10 VC t= TRAIL EASEMENT AGREEMENT THIS AGREEMENT is made this day of 2010, between the Snowmass Mountain Condominium Association, Inc. (hereinafter "Snowmass Mountain and the Town of Snowmass Village, a Colorado Home Rule Municipality (hereinafter "Town RECITALS WHEREAS, Snowmass Mountain has obtained approval from the Town for its Minor PUD by Town Ordinance (Series of 2010). WHEREAS, Snowmass Mountain volunteered during the approval process to grant a trail easement to the Town across the Snowmass Mountain general common elements in an area to the north of a line as shown on the Third Supplemental and Preliminary Amended Condominium Map of the Snowmass Mountain Condominiums (hereinafter "Amended Condominium Map subject to the terms and provisions hereof. WITNESSETH NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereafter set forth, and for other good and valuable consideration, the parties agree as follows: 1. Grant of Easement Subject to the terms, restrictions and conditions hereof, Snowmass Mountain hereby grants to the Town for use by members of the public a non exclusive trail easement ten feet in width (the "Easement across Snowmass Mountain property in an area agreed upon by Snowmass Mountain and the Town to the north of that line described on Amended Condominium Map. The grant of easement is subj ect to the condition that a trail shall be constructed over and across the adjacent properties to the east and to the west linking said trail to the easement granted hereby. The Town shall have the right, upon written notice to assign its interests in this Easement Agreement to an organization formed or to be formed to operate trails for public purposes or to a park or recreation district to be organized for purposes of maintaining and operating public trails; provided however, no such assignment as herein permitted shall release the Town fiom any of its duties or obligations hereunder. The Easement shall be ten (10) feet, (i.e. five (5) feet on either side of the centerline of such trail if, when and as constructed and in place). 2. Use. The Easement shall be used for the purposes specified herein and for no other purpose. No motorized vehicles of any kind shall be permitted on the Easement except for maintenance or repair. Dogs shall be prohibited on the Easement. Nothing herein shall be construed to grant members of the public any right to use or cross other property of Snowmass Mountain in order to gain access to the Easement. Snowmass Mountain reserves the right to use the Easement and the lands below and airspace above for all purposes which do not unreasonably interfere with the use by members of the public or the rights herein granted. Without limited to the foregoing, Snowmass Mountain shall have the right to: (i) grant any underground easements to utility companies within the Easement granted herein, provided that no utility company shall be permitted to exercise any rights under such utility easement that unreasonably interferes with the rights of members of the public hereunder and (ii) construct and maintain underground drainage or de- watering structures or facilities. No lighted or night time use of the Easement shall be permitted. The Town shall be resposible for the placement of informational trail signs and markers; and keeping the trail free and clear of refuse and trash. 3. Special Restrictions In addition to the restrictions set forth above, use of the Easement shall be subject to the following: A. The Town shall assure that the setting of the trail shall avoid areas of sensitive vegetation and other man-made structures or features on the Snowmass Mountain property. B. Access to the trail shall be via the public trail system. No other lands of Snowmass Mountain may be used to access the easement and nothing herein shall be construed as a grant, express or implied, over any other lands of Snowmass Mountain. C. The specific location of the trail shall be presented by the Town to the Board of Directors of Snowmass Mountain for approval. The location/alignment of the trail may be subject to change by the consent of Snowmass Mountain and the Town. 4. Term Use of the Easement shall commence upon the approval of the actual location of the easement by the Board of Directors of Snowmass Mountain. This Easement shall terminate if the Town shall fail to operate or maintain the trail over the Snowmass Mountain property for three (3) consecutive years. 5. Non Profit Purposes The purpose of this Easement Agreement is to allow use of the easement by members of the public for non profit recreational purposes in accordance with the terms, provisions and conditions hereof. The easement shall not be used for profit or commercial purposes or any other purposes except as expressly allowed herein. 6. Hold Harmless and Insurance The parties expressly acknowledge that Snowmass Mountain is entitled to the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements, Section 33 -41 -101, et se g., C.R.S. By granting the easement hereunder, Snowmass Mountain shall have no obligation to repair or otherwise maintain the area within the easement, or to insure or indemnify the Town for any injury, claim or damage to any person or property, whether alleged to have occurred while using the easement for any purposes or due to the condition of any trail or otherwise. By accepting the easement granted hereunder, the Town agrees: A. To defend and hold harmless Snowmass Mountain, its agents, representatives, 2 employees and successors and assigns, to the full extent allowed under Colorado law, for any injury, claim or damage to any person or property, whether alleged to have occurred while using the easement due to the condition of any trail or otherwise; B. To carry a policy insuring against such claims or losses and to add Snowmass Mountain as a co- insured on such policy. The Town shall, on or before January 1 of each year and annually thereafter, furnish a Certificate of Insurance and a copy of the policy to Snowmass Mountain as verification of the acquisition and maintenance of such insurance, the amount and adequacy of which shall meet with Snowmass Mountain's approval, which approval shall not be unreasonably withheld. The policy shall provide that, as to Snowmass Mountain, the policy shall not lapse, be canceled, amended or modified in any way unless the insurance company shall have first given each of the parties thirty (30) days written notice thereof at the address of each insured as provided herein. C. To reserve to Snowmass Mountain the right to claim full credit for all of the square footage contained within the easement under the Town of Snowmass Village Land Use Code in any future land use application or approval relating to the property. 7. Construction and Maintenance The trail shall be constructed by the Town at the Town's sole expense. If and when constructed, the Town shall assume all obligations for the operation, maintenance, repair and replacement thereof, including but not limited to, the obligations to keep the trail and areas immediately adjacent thereto clean and free of trash and refuse. 8. As -Built Survey At such time as the construction of the trail is complete, the Town shall cause the centerline of the trail to be surveyed and a precise legal description of the Easement to be prepared, being five (5) feet on either side of the centerline of the trail as built. Upon completion of the survey, the parties shall at the request of Snowmass Mountain enter into a supplement to this Agreement in recordable form providing a precise legal description for the Easement and, if necessary, an amendment to the Amended Condominium Map shall be approved and signed showing the precise as -built location of the Easement. 9. Enforcement The Town shall be responsible for enforcing the terms, provisions and conditions of this Easement Agreement and in particular the use restrictions set forth in Paragraph 2 above. Snowmass Mountain may, but shall not be obligated to, enforce any of the terms, provisions and conditions of this Easement Agreement and in furtherance thereof Snowmass Mountain may post signs or install fencing for such purposes, including notifying the public that private property is being crossed and to stay within the easement. 10. Notices Notices and other communications which may be given, or are required to be given hereunder, shall be in writing and shall be deemed given to a party when delivered personally or when deposited in the United States mail with sufficient postage affixed and addressed to such party at the respective address shown below: 3 Snowmass Mountain: Chairman of the Board of Directors Snowmass Mountain Condominiums P.O. Box 5124 Snowmass Village, CO 81615 Town: Town of Snowmass Village c/o Town Manager 130 Kearns Road P.O. Box 5010 Snowmass Village, CO 81615 copy to: Town of Snowmass Village Attorney 130 Kearns Road P.O. Box 5010 Snowmass Village, CO 81615 12. Miscellaneous A. Either party shall have the right and power to bring suit in its own name for any legal or equitable relief due to the lack of compliance with any provisions of this Easement Agreement. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Agreement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. B. The failure of either party to insist upon the strict performance of any provisions of this Easement Agreement or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future of any such provision. C. This Easement Agreement and the grant of the easement hereunder is made subject to any existing leases, easements, reservations, restrictions or rights -of -way. D. This Easement Agreement maynot be amended, nor may any rights hereunder be waived, except by an instrument in writing executed by the parties hereto and duly recorded in the real estate records of Pitkin County, Colorado. E. The interpretation, enforcement or any other matters relative to this Easement Agreement shall be construed and determined in accordance with the laws of the State of Colorado. F. All the provisions of this Easement Agreement, including the benefits and 4 burdens created thereby, shall run with the land. G. In the event any clerical, administrative or other errors are found in this Easement Agreement or any legal descriptions or other exhibits hereto or in the event any exhibit shall be missing, the parties agree to promptly execute, acknowledge, initial and /or deliver as necessary any documentation in order to correct the erroneous document, description, exhibit or to provide any missing exhibit. H. Should any provision of this Agreement be deemed invalid due to a violation of the rule against perpetuities or any other rule or law relative to vesting or the alienation of property, such provision shall nevertheless remain effective for the longest period permitted by law as though such provision had originally been enforceable. IN WITNESS WHEREOF, the parties have executed this Easement Agreement as the day and year first above written. TOWN OF SNOWMASS VILLAGE: SNOWMASS MOUNTAIN CONDOMINIUM ASSOCIATION: By: By President STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing Trail Easement Agreement was acknowledged before me this day of 2010, by as of the Town of Snowmass Village. WITNESS my hand and official seal. My commission expires: Notary Public 5 STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing Trail Easement Agreement was acknowledged before me this day of 2010, by as ofthe Snowmass Mountain Condominium Association. WITNESS my hand and official seal. My commission expires: Notary Public PAwp \PJT\RE \Snowmass Mtn.Trail Easment.wpd 6 EXHIBIT "T' Housing Deed Restriction to be attached) 4 E OCCUPANCY DEED RESTRICTION AND AGREEMENT FOR AN AFFORDABLE HOUSING UNIT THIS AGREEMENT is made and entered into this day of 2010, by SNOWMASS MOUNTAIN CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation, P.O. Box 5124, Snowmass Village, Colorado 81615 (hereinafter referred to as "Owner and the TOWN OF SNOWMASS VILLAGE (hereinafter "Snowmass Village a Colorado Home Rule Municipality. WITNESSETH WHEREAS, Owner comprises the unit owners of Snowmass Mountain Condominiums as described in the Amended Composite Condominium Map for Snowmass Mountain Condominiums recorded in Book Page at Reception No. in the real property records of Pitkin County, more specifically described as stated in Exhibit "A" (hereinafter referred to as "Real Property which map designates a Unit as the the Manager Unit, comprising nine hundred sixty -five (965)square feet; and WHEREAS, this Agreement imposes certain covenants which restrict the use and occupancy of the Manager's Unit to employees and their families who are employed in the Town of Snowmass Village and /or Pitkin County and meet the qualification guidelines of an employee established by the Town of Snowmass Village on an annual basis. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. Owner hereby.covenants that the Manager's Unit described above shall at all times remain a rental unit. 2. The use and occupancy of the Manager's Unit shall henceforth be limited exclusively to housing for employees and their families who are employed in the Town of Snowmass Village and /or Pitkin County and who meet the definition of "employee" as that term is defined by the guidelines established and by the Town Snowmass Village on an annual basis. Owner shall have the right to lease Manager's Unit to a "qualified employee" of Owner's own selection. Such individuals may be employees of the Owner. 3. The Manager's Unit shall only be occupied by qualified employees and shall not be used as a guest facility. 4. Approval of a tenant in the Manager's Unit other than an employee of Owner shall be obtained from the Town of Snowmass Village prior to occupancy by the tenant. 5. Upon vacancy of the Manager's Unit, Owner shall have sixty (60) days in which to locate a qualified employee. If an employee is not placed by the Owner, the Town of Snowmass Village may select a qualified employee to whom Owner shall rent the Affordable Housing Unit to a qualified employee. 6. This Agreement shall constitute a covenant running with the Manager's Unit Em as a burden thereon for the benefit of and shall be specifically enforceable by the Town of Snowmass Village, Colorado, and its respective successors, as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non qualified tenants; and this Agreement shall only be released by a written instrument executed by the Town of Snowmass Village. IN WITNESS HEREOF, the parties hereto have executed this instrument on the date and year above first written. OWNER: SNOWMASS MOUNTAIN CONDOMINIUM ASSOCIATION, INC. By: George Falk, President STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of 2010, by George Falk as President of Snowmass Mountain Condominium Association, Inc. WITNESS My hand and official seal My commission expires: 2 Notary Public ACCEPTANCE BY THE TOWN OF SNOWMASS VILLAGE The foregoing agreement and its terms are accepted by the Town of Snowmass Village. TOWN OF SNOWMASS VILLAGE By: Mailing Address: The Town of Snowmass Village P.O. Box Snowmass Village, CO 81615 STATE OF COLORADO ss. COUNTY PITKIN The foregoing instrument was acknowledged before me this day of 20_, by as of the Town of Snowmass Village. WITNESS my hand and official seal. My commission expires: Notary Public 3 EXHIBIT "3" PROCEDURE FOR PLANNING DIRECTOR SUPPLEMENTAL PLAN REVIEW AND APPROVAL 1. Submission of Supplemental Application The Supplemental Application for the Final Plan for Building "M" shall be submitted to the Planning Director prior to the submission of a building permit application. The Planning Director shall review the Final Plan to determine that substantial consistency exists between the Final Plan and the Minor PUD Amendment for Building "M," the Development Agreement, the conditions imposed by the Approval Ordinance, and the provisions of the Final PUD Guide. The Planning Director may request additional information necessary to adequately evaluate the Final Plan as the Planning Director deems reasonably necessary. Snowmass Mountain shall be responsible for payment of Town costs associated with processing the Supplemental Application pursuant to the Town Planning Department Fee Schedule in effect at the time the Supplemental Application is made. After review of the Final Plan, the Planning Director shall cause a public notice to be published that the Town Council will consider the approval of the Final Plan for Building "M" at a regularly scheduled Town Council meeting to occur at least 15 days following the date of publication of the public notice. The Town Council shall consider the recommendation of the Planning Director and will approve the Final Plan by Resolution provided that substantial consistency exists between the Final Plan and the Preliminary Plan for Building "M" and the parameters described in the Development Agreement, the conditions imposed by the Approval Ordinance and the provisions of the PUD guide. 2. Standard of Review for Planninz Director Final Plan Modification For any modification to Building "M," the Planning Director shall consider whether the proposed modification: 1. is consistent with the original provisions of the Development Agreement, the PUD Guide and the Approval Ordinance; and 2. does not have a substantially adverse effect on the neighborhood surrounding the Building "M" parcel or have a substantially adverse impact on the enjoyment of land abutting upon the Building "M" parcel; and 3. would not change the basic character of the Snowmass Mountain Condominiums Project or surrounding areas; and 4. complies with all applicable standards and provisions of the Municipal Code. 12 Upon finding that the proposed modification meets the above criteria, the Planning Director shall grant a Planning Director Modification approval and a written notice of decision will be recorded in the records of the Pitkin County Clerk and Recorder. 3. Procedure for Obtaining Planning_ Director Modification for Building "M (a) Any application for Planning Director modification shall minimally include the following: (i) revised Design Drawings, if necessary; and (ii) specify the exact changes proposed to the previously approved development parameters for the Building; and (iii) specify the effects, if any, such modification would have to the development parameters for the Lot: (iv) written description of how the proposed modification complies with the `Standards for Review' specified in Paragraph 2 above; and (v) signed fee agreement to pay Town costs associated with processing the application. (b) Within 15 days after receiving such submission, the Planning Director shall provide a written decision notice of the Planning Director's determination approving, approving with conditions or denying the application. (c) Within 10 days after the Planning Director's determination, the applicant for the proposed modification may appeal such determination to the Town Council, which has the authority to reverse the determination of the Planning Director by majority vote of its members present and voting. CAwp\PJT\RE \Sno\vinass Mtn .Develop.Agmt.clean.7.7.10.wpd 13 Exhibit "C" Town Council Ordinance No. 10, Series of 2010 Parking Management Plan SNOMWASS MOUNTAIN CONDOMINIUMS MINOR PUD AMENDMENT Exhibit "C" Town Council Ordinance No. 10, Series of 2010 Page 1 of 1 Parking Management Plan: The proposed Snowmass Mountain condominium Revovation and Addition will include existing and added parking which will be managed through the administration of the on -site property management team. The Snowmass Mountain Condo Association agrees that neither new or existing parking will ever be condominiumized or sold, and shall remain in perpetuity for the sole use of the Homeowners; Guests and Services related to the operation of the condo complex. Each Condominium Unit and Employee Unit will be provided with one designated and appropriately signed covered parking space. The remaining spaces will be used only for the owners, guests and service of the Snowmass Mountain Condo complex, and will be monitored on a daily basis by the on -site managers with any unauthorized vehicles to be tagged and then, if not removed within the day, to be booted and towed. The booting and towing process is in keeping with the current management procedures. Because the complex has operated for many years with a severe parking shortage, there are many instances of unauthorized parking which occur on a frequent basis. And because of the limited size of the very constrained site, any unauthorized parking creates serious problems either by blocking access for the authorized assigned unit's parking, blocking the access way for the bus route, impairing the snow removal process (as needed), or generally congesting the movement of vehicles on the site. So, the property managers have instituted very vigilant and rigorous parking controls, and are well practiced in thoroughly managing the parking on the site. And, although the severe parking shortage should be alleviated by the proposed new parking plan, the property management's existing policies and vigilance will continue in the management of the revised parking arrangement. Exhibit "D" Town Council Ordinance No. 10, Series of 2010 Referral Agency Review Comments SNOMWASS MOUNTAIN CONDOMINIUMS MINOR PUD AMENDMENT SCHMUESER GORDON MEYER 1 1 8 WEST SIXTH STREET, SUITE 200 E N G I N E E R S S U R V E Y O R S GLEN WOOD SPRINGS, CO 8 1 60 1 970.945.1 004 M 970.945.5948 FAX DATE: February 19, 2010 TO: Mr. Jim Wahlstrom, Town Planner iwahlstrom(a)tosv.com CC: Hunt Walker, Public Works Director hwalker(a FROM Dean Gordon, Town Engineer RE: Snowmass 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. ASPEN Gum4'Son GRAND iI;NCTtCN 'ESKER 10 1 FOUNDERS PLACE, UNIT 102 1 03 WEST TOMICHI AVE. 573 WEST CRETE CIRCLE 320 THIRD STREET PO BOX 2 1 55 SUITE A BUILDING I SUITE 205 MEEKER, CO 8 1 64 1 ASPEN, CO 8 1 61 1 GUNNISON, CO GRAND JUNCTION, CO 8 1 505 970.878.51 80 970.925.6727 970.64 1 .5355 970.245.2571 970.878.4181 FAX 970.925.41 57 FAx 970.64 1.5358 FAx 970.245.2671 FAX SCHMUESER GORDON MEYER E N G( N E E R S S U R V E Y O R S 3. Water Quality there is one water quality structure shown on the drawings, 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. Drainage Analysis The analysis, and conclusions reached, are based on an "historic" condition of the Site as currently developed. Additionally, 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. A discussion /analysis of where the overflow goes in a 100 -year event is required, including the impact on downstream property owners and the ability of downstream facilities to accept and convey this overflow. DW I: \1991 \91004 \E\Phase 21 \M20100219 Memo Mr. Jim Wahlstrom.doc SCHMUESER GORDON MEYER F SPE E N is 1 N E E S S U V E Y C, R$ 8 W. 6TH, SUITE 200 P.O. BOX 2 1 55 P.O. BOX 3088 GLENWOOD SPRINGS, CO 8 1601 ASPEN, CO 81612 CRESTED BuTiE, CO 8 1 224 970 945-1004 970 -925 -6727 970-349-5355 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 bnevins(o CC: Hunt Walker, Public Works Director hwalker(o)-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. 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 TM SCHMUESER GORDON MEYER 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 water 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 I 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. 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 u, 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 water intrusion. This situation should be addressed from both engineering and geotechnical standpoints. The existing facilities to the east do not appear to be correctly shown. Are they to be 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 be armored at any other flows? I: \1991 \91004 \E \Phase 21 \M20080220 Ltr Mr. Bob Nevins- Revised 5- 21.doc 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 complotod. Page 2 Snowmass Wildcat Fire Protection District From: John Mele [mailto:JMele @swfpd.com] Sent: Friday, February 12, 2010 8:49 AM To: Jim Wahlstrom 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 Exhibit "E" Town Council Ordinance No. 10, Series of 2010 Applicant's formal request for a lot size variation of proposed Parcel M with offered Community Purposes SNOMWASS MOUNTAIN CONDOMINIUMS MINOR PUD AMENDMENT LAW OFFICES OP PAUL J. TADDUNE, P.C. PAUL J. TADDUNE AFFTT.IATED OFFICE 323 WEST N41\IN STREET, SUITr. 301 FOWLER, SCHIMBERG FLANAGAN, P.C. ASPEN, COLORADO 51611 1640 GRANT STI:EET, SUITE 300 Tr1.P.PHONE (970) 925 -9190 DENVER, COLORADO 80203 TnLFAX (970) 925 -9199 Tr- ,I..rPT•I0Nr, (303) 298 -8603 NTERNET: tai Liciut TGLEFAX (303) 298 -8748 July 7, 2010 r� n James Wahlstrom Claris Conrad Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 41615 RE: Snowmass Mountain Condom in hints Application for Manor PUD Alnetidment Town Council Meeting oil July 6: Public Benefits Pertaining to Parcel M Dear Jim and Chris: In follow -up to the discussion that occurred at last night's Town Council meeting, the purpose of this letter is to request a variation in lot size for the proposed Parcel M to accommodate the new Building "M" and memorialize the following community purposes (see Section 16A -5 -300 (c)(6) of the Snowmass Land Use Code) that will be achieved by the Town Council's approval of the variation: A. The provision of restricted housing. Restricted housing will be provided by deed restricting the unit in Building "A" Down as the Manager's Unit. This unit is 965 square feet in size, and will be deed restricted if and when Building "M" is constructed and a permit is issued. B. Encourages better design. The proposed lot size will limit the size of a future Building "M," making the design fit in the context of the existing condominium complex. The height and building separation will also be consistent with the existing complex. C. Develops necessary public facilities. The approval of the dimensional variation of Parcel M will facilitate the following public facilities: i. A bus turn around as suggested by the transportation director; James Wahlstrom Chris Conrad Snowmass Village Plaruiing Department July 7, 2010 Page 2 ii. Snow melting throughout the drive and parking surface for improved traffic and pedestrian safety; iii. Realignment of the entry to help eliminate blind spots; iv. Facilitation of financing and replacement of the existing failing retaining wall for the safety of owners and guests of the Snowmass Mountain Condominiums and neighboring projects; V. Willingness to participate in drainage improvement district, in which all affected neighboring properties will participate; and vi. Trail easement as previously offered. As regards the relationship for the need for an amended condominium map (for Colorado Common Interest Ownership Act purposes) and the re -plat, we propose the following three phase process: Re -plat and condominium map showing Parcel M and access thereto; Amended re -plat and condominium map showing as -built improvements after construction; and Three dimensional condominium map for Building "M" if and when it is built. To the extent required, the Minor PUD Application should be deemed as an application for Building "M" to be condominiumized solely within and as part of the Snowmass Mountain Condominiums Project and condominium regime. Regarding the trail easement, my recollection is that the actual location of the trail as in place or as built will be determined by the Town at a future date. It is generally shown on the attached revised re -plat. The access to Parcel M is also shown on the re -plat. Also attached is a revised version of the Development Agreement incorporating your comments sent by e -mail this morning. James Walllstronl Chits Conrad Snowmass Village Planning Department July 7, 2010 Page 3 Please understand the urgency of keeping the process on track for the next meeting on July 19, 2010. Therefore, let me Imow immediately if you have any questions or need any further amplification. Very truly yours, PAUL J. TADDUNE, P.C. Paul J. Taddune PYY:nw[ cc: John Dresser, Esq. Enclosures I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION No. 22 5 SERIES OF 2010 6 7 A RESOLUTION CONCERNING A MINOR RE- SUBDIVISION PLAT AND 8 AMENDED CONDOMINIUM MAP OF PARCEL C, SNOWMASS MOUNTAIN 9 CONDOMINIUMS, TO CREATE PARCEL M. 10 11 WHEREAS, the Town Council was scheduled to consider on July 19 and 12 August 2, 2010 Ordinance No. 10, Series of 2010 (Ordinance 10) concerning the 13 accompanying Snowmass Mountain Condominiums Minor Planned Unit Development 14 (PUD); and 15 16 WHEREAS, during the review by Town Council of the accompanying Minor 17 PUD Amendment at continued public hearings, the applicant submitted supplemental 18 information dated June 18 and July 7, 2010 including a Re -plat drawing clarifying 19 their proposed intent of a "discrete parcel" for future -phase Building M pursuant to 20 the text in the Minor PUD Amendment application; and 21 22 WHEREAS, the Applicant submitted supplemental information or updates 23 related to the re- subdivision or amended condominium map platting to clarify or 24 amend the accompanying Minor PUD Amendment application as well as respond to 25 Town Staff and Town Council comments, issues and concerns; and 26 27 WHEREAS, as more particularly described on Exhibit "A," enclosed and 28 incorporated herein by this reference, is the re- subdivision and amended 29 condominium map platting of Parcel C of Snowmass Mountain Condominiums to 30 create a Parcel M for the proposed future -phase Building M pursuant to the 31 accompanying Minor PUD Amendment and Ordinance No. 10, Series of 2010; and 32 33 WHEREAS, the Town Council reviewed the supplemental re- subdivision plat 34 information concurrently with the associated Minor PUD Amendment during 35 scheduled continued public hearings on June 7, July 6, July 19 and August 2, 2010 36 to review the application pursuant to Section 16A -5 -450 of the Municipal Code, 37 consider the recommendations of Town Staff, and receive public comment thereon. 38 39 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of 40 Snowmass Village, as follows: 41 42 Section One Findings. Based upon the information contained in the re- subdivision 43 plat supplemental information with the accompanying Minor PUD Amendment for 44 Snowmass Mountain Condominiums, along with the documentation and testimony in 45 the public record, the Town Council finds that: TC Reso. 10 -22 Page 2 of 5 46 47 1) The Applicant submitted the application for a combination minor re- 48 subdivision and amended condominium map accordance with the provisions 49 of the Snowmass Village Municipal Code "Municipal Code By the 50 supplemental submissions on June 18 and July 7, 2010, the re- subdivision plat 51 portion of the Mirror PUD Amendinetit application was deemed complete for 52 referral or review purposes, because such information provided a re -plat drawing 53 and addressed the review standards in subsection (3) of Section 16A -5 -450, 54 Amendment of final plat 55 56 2) The minimum submission requirements were met and provided in the 57 accompanying Minor PUD Amendment application pursuant to Section 16A -5- 58 40(b), Minimum contents 59 60 3) The future -phase Building M with reference to a Parcel M on the 61 accompanying PUD site plan was adequately reviewed by the Planning 62 Commission via Resolution No. 2, Series of 2010, as it was consistent with the 63 consideration of the Minor Re -plat review by the Town Council. 64 65 4) Public notification requirements were met in accordance with the requirements 66 of Section 16A- 5 -60(b) of the Municipal Code pursuant to the concurrent and 67 accompanying review of the Minor PUD Amendment. 68 69 5) Parcel C of the Snowmass Mountain Condominiums was previously platted as 70 part of a "Condominium Subdivision" re -plat or the split of the property into 71 three parcels and condominiumization of the northern most Parcel A in 72 January 1974 under Pitkin County rules prior to Town incorporation. 73 74 6) Parcel C was subsequently condominiumized by a replat in April 1977 under 75 Pitkin County rules prior to Town incorporation. 76 77 7) The applicant represented that the re -plat of Parcel C to create Parcel M was 78 for the purpose of financing capital improvements on the property. 79 80 8) The combination minor re- subdivision and amended condominium map for 81 Parcel C to create Parcel M, as further described or illustrated in enclosed 82 Exhibit "A," is consistent with Section 16A -5- 450(3), Review standards of the 83 Municipal Code, because it: 84 85 a) Is consistent with or an enhancement of the original subdivision approval in 86 that the previous re- platting similarly showed multiple parcels and incremental 87 condominium mapping that appeared to represent the phasing of the 88 development in the 1970s; TC Reso. 10 -22 Page 3 of 5 89 b) Has no adverse substantial adverse impacts on the surrounding 90 neighborhood; 91 c) Does not change the basic character of the subdivision or surrounding area; 92 and 93 d) Complies with other applicable provisions of the Municipal Code, including 94 that: 95 i) A variation to reduce the size of Parcel M to 5,050 square feet (50' x 96 101') from the requirement of 10,500 square feet per the underlying 97 'MF' zone district in order to house a potential future -phase Building M 98 to contain a maximum of three (3) units and a total of nine (9) 99 bedrooms was accounted in accompanying Ordinance No. 10, Series 100 of 2010, regarding the associated Minor PUD Amendment. 101 ii) A reduction in the size of Parcel C from 1.11 acres or 48,351 square 102 feet to 0.99 acre or 43,301 square feet by the extraction of Parcel M 103 containing 0.12 acre or 5,050 square feet would continue to 104 satisfactorily meet the minimum lot size requirement of 42,000 square 105 feet, pursuant to the underlying `Multi Family' zone district, in housing 106 the existing 18 units and 42 bedrooms in Buildings J/K and L. 107 108 Section Two Action. Pursuant to the findings stated in Section One of this 109 resolution, the Town Council approves the combination minor re -plat and amended 110 condominium map to create Parcel M on Parcel C of Snowmass Mountain 111 Condominiums, subject the applicant addressing or implementing the conditions in 112 Section Three below. 113 114. Section Three Conditions. As part of the action above, the following conditions 115 shall be addressed, complied with or implemented by the Applicant: 116 117 Conditions pertaining to Replat 118 119 1) Following execution, this resolution and its exhibits shall be recorded, at the 120 Applicant's expense, with the Pitkin County Clerk and Recorder. 121 122 2) All prior plat notes, restrictions, easements and rights -of -way of record shall 123 remain and will be shown upon the accompanying re -plat unless they are no 124 longer applicable, or have been restated, relocated or relinquished by all 125 parties having interest. The easement for the re- aligned access driveway 126 (Upper Woodbridge Road) shall be re- granted or restated with the same 127 beneficiaries having interest in the easement in addition to providing access 128 to new Parcel M prior to the completion and re- opening of reconstructed 129 Upper Woodbridge Road. 130 131 3) The Town of Snowmass Village shall not accept any obligation for financing, TC Reso. 10 -22 Page 4 of 5 132 construction or maintenance of improvements on Upper Woodbridge Road on 133 the site. 134 135 4) The condominiumization of Parcel M is permitted subject to the development 136 rights set forth by the Development Agreement and Ordinance No. 10, Series 137 of 2010. The applicant represented at a public; heating ui► July 6, 2010 that 138 the condo mini umization of Parcel M will be part of the overall Snowmass 139 Mountain Condominiums association. 140 141 5) The Applicant shall complete all actions or matters, which in the opinion of the 142 Planning Director and the Town Attorney, are necessary to satisfy or dispense 143 with the completion, execution and /or recording of all documents, including 144 the affected Development Agreement in associated Ordinance No. 10, Series 145 of 2010, and Exhibit 1 of the new Trail Easement, that are necessary to 146 implement the conditions of this Resolution and the requirements of the 147 Municipal Code, before the subject re -plat is executed and placed of record or 148 as deemed applicable by the Town Attorney. Should disagreements arise that 149 cannot be resolved between Town Staff and the Applicant, the matter shall be 150 referred to the Town Council for direction or a final determination. 151 152 6) The Applicant shall amend the subject replat and submit print copies to 153 address the review comments from Town staff comments for review by the 154 Planning Director and the Town Attorney, and following staff clearance 155 subsequently submit two (2) applicant /owner executed photographic mylars of 156 the re -plat, including execution by mortgage holder(s) as deemed to be 157 needed, title examiner and surveyor for signature by Town of Snowmass 158 Village officials and /or applicable representation. The Mayor and Town Clerk 159 shall be authorized to sign the plat only after approval as to technical and 160 substantive completion by the Town Attorney and Town's Planning Director. 161 162 7) All applicable document recording fees shall be paid by the Applicant prior to 163 the recording of the re -plat with the Pitkin County Clerk and Recorder priorto 164 issuance of a building permit for Building M. 165 166 Conditions pertaining to subsequent condominium map amendment 167 168 8) A subsequent three dimensional amended condominium map specifically for 169 Parcel M containing Building M shall not be submitted for review by Town staff 170 until the following conditions have been met: 171 172 a. the final design review and acceptance of Building M (i.e., pursuant to 1.73 the proposed review procedures in Exhibit 3 of the Development 174 Agreement in Exhibit "B" of Ordinance No. 10, Series of 2010); TC Reso. 10 -22 Page 5 of 5 175 b. the issuance of a building permit for Building M; 176 c. Building M being completed. 177 178 The subsequent three dimensional condominium plat for Building M shall be 179 completed prior to issuance of the first Certificate of Occupancy for Building 180 M. 181 182 9) The necessary condominium documents shall be provided at the time as 183 noted in Condition #8 above to clarify whether the Parcel M building will be 184 separate from the Snowmass Mountain Condominiums or a part of the overall 185 association. 186 187 Section Four Severability. If any provision of this Resolution or application hereof 188 to any person or circumstance is held invalid, the invalidity shall not affect any other 189 provision or application of this Resolution which can be given effect without the 190 invalid provision or application, and, to this end, the provisions of this Resolution are 191 severable. 192 193 INTRODUCED, READ, AND APPROVED by the Town Council of the Town of 194 Snowmass Village, Colorado on this 2 nd day of August 2010, upon a motion made by 195 Council Member and the second by Council Member upon 196 a vote of in favor and against. 197 198 TOWN OF SNOWMASS VILLAGE 199 200 201 202 Bill Boineau, Mayor 203 ATTEST: 204 205 206 207 Rhonda B. Coxon, Town Clerk 208 209 APPROVED AS TO FORM: 210 211 212 213 John C. Dresser, Jr., Town Attorney 214 215 Attachments 216 Exhibit "A" Draft Combination Re -plat and Amended Condominium Map of 217 Parcel C Snowmass Mountain Condominiums to create Parcel M. EXHIBIT A Town Council Res olution No. 22, Series of 2010 O -Z B ad as p Page 1 of 1 g f all J 5 5 j ss�st I snots 83n 8 is 3' D J" o@ S ea o z 4'' r� i 1 ��2'�. QO M F w;ny y� of T l ,WTI Ilk FT tir M n� O 3 o O E �(n �R t L 1 oo_ros 3 c ILw N g 1 ga/Dd p'3 v O gygy RF M .00.00.10 ON E o M k Z k R lit ie i gg i g o O 4 0 s am R R R Q o a �4 f� 7 R 2 9 Qo P 4s 3� MEMORANDUM TO: Town Council FROM: Russ Forrest, Town Manager Marianne Rakowski, Finance Director DATE: August 2, 2010 Same materials as provided on July 19 2010) SUBJECT: Retiring Bonds Discussion I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: At the July 6 th Town Council meeting, staff updated the Council on the status of two retiring bond issues and asked whether the Council wanted to have a further discussion exploring the idea of asking the voters to reinstate the mill levy (or a portion thereof) for other uses. The Council directed staff prepare for a discussion on this topic at the July 19 meeting. Action Requested: Staff has provided several options below for the purposes of discussing a November ballot initiative. Staff would request feed back on the options below. The final date for the Town Council to consider a ballot initiative via a Resolution is August 16 II. DISCUSSION ISSUES RETIRING BONDS The Town has two bonds retiring at the end of 2010. The mill levy that pays for these bonds is currently set at .81 mills and generates $559,091 from property taxes. Based on the current assessed valuation for the Town, residential property paid $64.68 per $1M of market value and commercial property paid $234.90 per $1M of market value in 2010. In 2011, this mill levy will not be assessed. Staff wanted to give the Town Council a "heads up" on the retiring mill levy due to the current economic climate, not being able to refinancing the COP and the financial impact of the ballot issues (should they pass). 2010 FINANCIAL UPDATES Throughout the year, staff has provided financial updates to the Town Council. The goal is to maintain financial sustainability while continuing to provide excellent service throughout the community. Achieving this goal during the continuing recession and the slow pace of the economic recovery has proven challenging at best with no end in sight. During the update in May, staff presented a 2010 revised budget projection for the General Fund and the RETT Fund. Many of the adjustments were based on the 2009 actual numbers as they more closely resembled a full year of the declining economic conditions. Below are some of the projections discussed: General Fund revenues were reduced from budget by $363,165 (primarily due to reduced building permit revenue). General Fund expenditures were decreased using one -time savings from the health insurance renewal and retirement fund forfeitures In addition to using a budgeted $198K from the General Fund fund balance, the Town also used an additional $153K to maintain current service levels from Fund Balance Reiterated goal to maintain an overall $5M General Fund fund balance RETT revenues from Base Village were revised down from $526,500 to -0 while increasing RETT resale revenues from $689,113 to $1,000,000 Using $300K from RETT fund balance in order to maintain current budgeted expenditures for bus purchases and parks and recreation FINANCIAL IMPACT OF STATE BALLOT ISSUES At the July 6 th Town Council meeting, staff and bond counsel updated the Town Council on the financial impacts that the Town will face if Proposition 101 and Amendments 60 61 pass in November. See below: The General Fund will see a revenue reduction in 2011 of $265K and this will rise to over $380K in 2014 this may not include all of the impacts as there are still many questions regarding the impacts. The General Improvement District may lose the ability to certify a mill levy to fund the Skittles operations and to fund snowmelting. If the GID cannot fund snowmelting, then that cost would most likely have to be funded through the General Fund and /or the Road Fund. The Housing Funds will be faced with paying property taxes for the first time and could range between $61 K and $205K pending further information on how it is to be calculated. This cost would need to be passed on to the users /renters. In addition, these property taxes cannot be a net gain to the Town. PRELIMINARY LOOK AHEAD General Fund The goal set by the Town Council, the FAB and staff during the 2010 budget process was to maintain a $5M General Fund fund balance. When the 2009 actual revenue figures came in, it was apparent that the 2010 budgeted revenues would need to be adjusted downward as well as the projections going forward. In 2010, reducing the expenditures was made easier because we were able to apply one -time adjustments (forfeiture and health insurance renewal) to offset the decrease in revenues, thus giving us the ability to maintain current service levels. These will not be available in the future budgets. Having just started the 2011 budget process, staff has not yet updated the expenditure projections for 2011 through 2015, but based on the reduction of revenues as stated above the Town's ability to maintain a $5M fund balance begins to diminish in 2012 dropping down to $4.8M. Of course, all of these figures are preliminary and should there be an upswing in the economy, then we may be able to maintain the $5M fund balance without a threat to current service levels. The preliminary 2011 budget that was part of the 2010 budget process, does anticipate some additional service cuts, which as of today are not yet identified. RETT Fund As you know, the RETT Fund has been ratcheted down due to the economy and the Base Village sales. Staff has worked very hard to maintain a balanced budget to fund the Transportation bus fleet, the subsidy for the Recreation Facility and minimal landscaping. The current budgets project using contingency funds to maintain this budget. The largest expenditure cuts have been in the "Green Team which includes landscaping of Town right away's, parks and trails. The recreation facility has also experienced decreases primarily in janitorial services and staff. FINANCIAL ADVISORY BOARD The Financial Advisory Board will be meeting on Wednesday, July 14 and staff will be discussing the option of either letting the mill levy expire or imposing a mill levy to achieve one or more of the below options or they may have their own option to recommend. Staff will forward the FAB recommendation when it is complete to the Town Council for discussion at this meeting. OPTIONS Let the mill levy retire with the bonds Ask the voters to authorize a mill levy to support the below (or other options) including a sunset provision for the mill levy Apply funds to Transportation budget (General Fund) Apply funds to Town Hall COP payment (General Fund) Apply funds for essential Governmental Services (General Fund) Apply funds for Parks, Trails and Recreation (RETT Fund) III. STAFF RECOMMENDATIONS AND FINDINGS Additional revenue in the General Fund provides the Town with the greatest flexibility to support and maintain basic town services. Dedicating additional revenue to a specific purpose such as Transportation may be more palatable to voters. Additional revenue in RETT, which has seen the most dramatic decreases in funding, would help support recreation, trails and open space maintenance. Again, the purpose of this discussion is to ensure that there is a full discussion of the Town's economic situation and that there is clear decision on whether or not to pursue a ballot initiative prior to the ballot deadline, which is effectively the 2 nd meeting in August (August 16 Staff is requesting direction on the options above. BONDS RETIRING FINAL PAYMENT NOVEMBER 15, 2010 Road Bonds 37,485 Operations Facility 521,606 TOTAL 559,091 Current Mill Levy 0.81 Per $1M of Real Property Value .81 mills Residential 64.48 Per Year Commercial 234.90 Per Year Note: 1 Mill $687,696 based on current Assessed Value Per $1M of Real Property Value 1 mill Residential 79.60 Per Year Commercial 290.00 Per Year Financial Impact of Proposition 101, Amendment 60 Amendment 61 (using 2009 actual as the base year) GENER/�L FUND l 2011 2012 2013 2014 Ballot Issue Vehicle Tax 39,000 78,001 117,001 156,001 Prop 101 Vehicle Reg /Lic /Fees 3,038 3,038 3,038 3,038 Prop 101 Sales Tax on Vehicle Rentals 6,298 6,298 6,298 6,298 Prop 101 Sales Tax on New Vehicles 74 148 223 297 Prop 101 Telecommunication Tax 98,798 98,798 98,798 98,798 Prop 101 Highway Users Tax unknown at this time, but will have a reduction Prop 101 Franchise Fees -Phone Cable 118,300 118,300 118,300 118,300 Prop 101 Decrease in Town Revenues 265,508.00 304,583.00 343,658.00 382,732.00'! �rEN�RAL IMPR"OVEM DISTRICT FUND GID Fund Vehicle Tax y 2,772 5,543 8,315 11,087 Prop 101 GID Board (if appointed) cannot 225,826 230,343 230,343 234,950 Amend 60 set a mill levy (needs further interpretation) Decrease in GID Revenues 228,598.00 235,886.00 238,658.00 246,037.00' HmOUSING UND Enterprise Funds required to 60,896.41 60,896.41 60,896.41 60,896.41 Amend 60 pay Property Taxes (Housing Funds) Increase in Housing Expenditures 60,896.41 60,896.41 ,60,896.41 60,896.41 MEMORANDUM TO: Snowmass Village Town Council FROM: Mark Kittle. Chief Building official DATE: August 2, 2010 SUBJECT: Review of Renewable Energy Offset Program I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: 1. To review Ordinance No. 15, Series of 2010 2. Obtain feedback from staff and the public. 3. Direct staff to: a. Revise Ordinance b. Leave Ordinance in place II. BACKGROUND Ordinance No. 11, Series, of 2008 is the successor to Ordinance No. 6, Series of 2008 which was implemented in the early fall of 2008. Its purpose was to regulate the fossil fuel energy use for both residential and commercial applications through on -site renewable energy methods or by paying a fee in -lieu. This section of the ordinance applies to both residential and commercial exterior energy uses including spas, swimming pools, snowmelt and heated garages. The second part of the ordinance pertains to residential building energy uses, specifically HERS (Home Energy Rating System) ratings and compliance with such. The third element of the ordinance addresses the energy uses of commercial buildings. III. APPLICABLE REGULATIONS Article XI, Section 18 -224 Town of Snowmass Village Municipal Code 08 -02 -10 10 -15 Page 2 of 3 IV. COMPARISON TO ASPEN PITKIN COUNTY POLICY How exterior energy use compares to Aspen Pitkin County Snowmass Village APC Residential Snowmelt $34 /SF $34 /SF Residential Pool $136 /SF $136 /SF Residential Spa $176 /SF $176/SF Commercial Snowmelt $34 /SF $60 /SF Commercial Pool $136 /SF $170 /SF Commercial Spa $176 /SF $176 /SF Snowmass Village currently requires payment of the fee or 50% of the annual energy use to be renewable. Aspen Pitkin issues credits per kilowatt or square feet of solar hot water, for example: credit of $6,241.20 is given for each kilowatt of a Photovoltaic system. credit of $224.65 is given for each square foot of solar hot water. This method is much more flexible than our current ordinance which is an "all or nothing" approach, either pay the fees or provide 50% renewable on site. The Aspen Pitkin ordinance allows partial fees with the balance in renewable credits. V. DISCUSSION ITEMS Snowmass Village currently adheres to the same provisions of exterior energy use as Aspen, Pitkin County and Basalt with Aspen being slightly more restrictive in the commercial applications, especially snowmelt. The Building Department has not encountered a great deal of opposition to the Ordinance in terms of "interior" energy use, but has had numerous discussions regarding both the commercial and residential aspects of "exterior" energy use. To date, we have only collected REOP fees on (2) projects, one being the Deerbrook Condominium renovation of the site's exterior stairs and walkways and the other being a heated garage at Rodeo Place. Most applicants have discontinued their plans for exterior energy uses when they realized the fees involved As far as commercial "interior" energy uses, the 2009 IECC is now about 15 to 20 percent more energy efficient than the previous 2003 IECC (the code in effect at the time this Ordinance was adopted) which, in turn, makes it very difficult to achieve the REOP goal. This is the primary reason for decreasing the energy requirements for commercial buildings from the existing 30% to the revised 15% 08 -02 -10 10 -15 Page 3 of 3 "better than the code in effect at the time This provision needs to be revised as it is almost impossible to comply both REOP and the 2009 IECC. Essentially, a commercial building would have to be 50% more energy efficient than the 2003 IECC. VI. STAFF RECOMMENDATIONS AND FINDINGS 1. Obtain citizen feedback. 2. Revise ordinance accordingly. Attachments: Ordinance No. 15, Series of 2010 Memo for First Reading of Ordinance N o, 11, 2008 Final Ordinance No. 11, Series of 2008 Minutes from August 4, 2008 I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 15 5 SERIES OF 2010 6 7 8 AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF THE TOWN OF 9 SNOWMASS VILLAGE MUNICIPAL CODE TO ESTABLISH BUILDING EFFICIENCY 10 STANDARDS AND A RENEWABLE ENERGY OFFSET PROGRAM (REOP). 11 12 WHEREAS, the Town Council supports and promotes energy conservation and 13 the use of energy efficient building practices within the Town of Snowmass Village; and 14 15 WHEREAS, the Town Council supports and promotes renewable energy 16 generation within the Town of Snowmass Village; and 17 18 WHEREAS, the Town Council finds it necessary and beneficial to establish 19 building efficiency standards that exceed those required under the Town's Energy 20 Conservation Code, and 21 22 WHEREAS, the Town Council finds it necessary and beneficial to require on -site 23 renewable energy generation to offset the energy demand of outdoor amenities such as 24 pools and hot tubs, snowmelt systems, and heated garages, and 25 26 WHEREAS, the Town Council finds it necessary and beneficial to establish in- 27 lieu fee options for property owners that choose not to employ energy efficient building 28 practices, or that wish to build highly energy consumptive outdoor amenities, and 29 30 WHEREAS, the revenues derived from such in -lieu fees will establish a funding 31 mechanism to facilitate the development of renewable energy generation projects and 32 programs to enhance energy efficiency throughout the Village; and 33 34 WHEREAS, the Town Council finds that the adoption of this Ordinance is in the 35 best interest of the Town and is reasonably necessary to promote and preserve the 36 public health, safety and welfare. 37 38 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass 39 Village, as follows: 40 41 A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by the 42 addition of the following: 43 44 Sec. 18 -224. Building Efficiency Standards and Renewable Energy Offset 45 Program (REOP) 46 47 1. Residential Construction 48 49 This section shall apply to all residential new construction, and to any residential addition 50 of at least 1,000 square feet. In order to provide evidence of compliance with this 51 Section, a Home Energy Rating System (HERS) rating shall be submitted at the time of 10 -15 ORD Page 2 of 7 52 building permit application. A final HERS rating certificate, based upon field inspections 53 and testing conducted during construction, shall be submitted prior to receiving a 54 Certificate of Occupancy. 55 56 a. Residential building projects up to 3000 &888 square feet are required to 57 achieve a minimum Home Energy Rating System (HERS) Index of 85 7D or 58 less, utilizing the Colorado Energy Star Home Energy Rating System, and 59 60 i. In lieu of achieving the required HERS Index, owners may pay a 61 fee of $2.00 $5.00 per square foot. 62 63 b. Residential building projects from 3001 to 5000 between 5,000 and 9,999 64 square feet are required to achieve a minimum HERS Index of 80 65- points, 65 or less. 66 67 i. In lieu of achieving the required HERS Index, owners may choose 68 to comply with the HERS Index requirements of Section 18- 69 224.1.a. above, and pay a fee of $3.00 per square foot. 70 71 c. Residential building projects from 5001 to 10,000 of 10,000 square feet are 72 required to achieve a HERS Index of 75 60- points, or less. 73 74 i. In lieu of achieving the required HERS Index, owners may choose 75 to comply with the HERS Index requirements of Section 18- 76 224.1.b. above, and pay a fee of ;$4.00 per gross square foot. 77 78 d. Residential building projects exceeding 10,000 square feet are required 79 to achieve a minimum HERS Index of 70 points, or less. 80 81 i. In lieu of achieving the required HERS Index, owners may 82 choose to comply with the HERS Index requirements of Section 18- 224.1.c above, 83 and pay a fee of $5.00 per gross square foot. 84 85 If a residential building project includes exterior energy uses, then a separate and 86 additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 87 88 2. Non Residential and Mixed -Use Construction 89 90 This section shall apply to all non residential or mixed -use new construction, and to any 91 non residential or mixed -use addition of more than 1,000 square feet. For buildings or 92 additions up to 5,000 square feet, COMcheck documentation or a DOE -2 based energy 93 simulation shall be submitted as evidence of compliance with this section. For buildings 94 greater than 5,000 square feet, a DOE -2 based energy simulation shall be required. 95 96 a. Based upon total energy usage for the building or addition being proposed, 97 non residential or mixed -use building projects are required to exceed the 98 performance of the Town's Energy Conservation Code in place at the time 99 the building permit is issued by at least 15% 30- 0 /6. 100 10 -15 ORD Page 3 of 7 101 i. For building projects pursuing Leadership in Energy and 102 Environmental Design (LEED) certification, energy efficiency 103 requirements and performance reviews may be based upon the 104 standards established by the US Green Building Council (i.e., 105 American Society of Heating, Refrigerating and Air Conditioning 106 Engineers ASHRAE Standard 90.1). 107 108 ii. In lieu of achieving the required energy performance standards, 109 owners may pay a fee of $5.00 $8-89 per square foot and shall 110 meet the performance standards required pursuant to the Town's 111 Energy Conservation Code in place at the time the building permit 112 is issued. 113 114 If a non residential or mixed -use building project includes exterior energy uses, then a 115 separate and additional fee may be required pursuant to Section 3. Exterior Energy Use, 116 below. 117 118 3. Exterior Energy Use. 119 120 This section shall apply to outdoor pools, hot tubs, snowmelt systems, and heated 121 garages. 122 123 a. At least 25% 5" of the Annual Energy Use accountable to outdoor pools 124 and hot tubs, snowmelt systems, and heated garages, as defined in Section 125 18- 224.3.b and Section 18- 224.3.c, and in excess of the "Fee Exempt Area" 126 described therein, shall be offset with renewable energy generated on site or 127 at an approved Community Renewable Energy site.. 128 129 b. Heated Garages. Any garage heated by a boiler or furnace system must be 130 controlled by a separate thermostat and zone. A REOP fee shall apply for 131 these types of applications, as described below. 132 133 c. In lieu of producing the required amount of renewable energy on site, owners 134 may pay a fee (calculated in accordance with the following fee schedule and 135 calculation example: 136 137 138 i. Single- Family Residential 139 Energy Use Annual Energy Use Fee Exempt Fee per SF 140 Type BTU /Sq. Ft. Area Above Exempt Area 141 142 Snowmelt System 81,800 200 sq. ft. $-34-$25 143 (See Note) 144 Spa 430,000 64 sq. ft. 176 145 Pool 332,000 N/A 136 146 Heated Garage 19,500 See Section 18- 224.3.b 8 147 10 -15 ORD Page 4 of 7 148 NOTE The Fee Exempt Area for snowmelt systems shall apply to driveways and 149 driveway aprons only, and shall be equal to the greater of 200 square feet, or that 150 portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee 151 Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the 152 Chief Building Official determines that snowmelting of these areas represents a life 153 safety issue and is essential to building ingress or egress. Applicants may appeal 154 decisions regarding the necessity of providing snowmelted decks, patios, or walkways to 155 the Town's Board of Appeals and Examiners.) 156 157 ii. Multi Family Residential 158 Energy Use Annual Energy Use Fee Exempt Fee per SF 159 Type BTU /Sq. Ft. Area Above Exempt Area 160 161 Snowmelt System 81,800 50 sq. ft. $--34 25 162 (See Note 1) 163 Spa 430,000 64 sq. ft. 176 164 (See Note 2) 165 Pool 332,000 N/A 136 166 Heated Garage 19,500 N/A 8 167 168 NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and 169 driveway aprons only, and shall be equal to the greater of 50 square feet per unit, or that 170 portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee 171 Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the 172 Chief Building Official determines that snowmelting of these areas represents a life 173 safety issue and is essential to building ingress or egress. Applicants may appeal 174 decisions regarding the necessity of providing snowmelted decks, patios, or walkways to 175 the Town's Board of Appeals and Examiners. 176 NOTE 2 The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, 177 or 3 square feet per unit.) 178 179 180 iii. Non Residential and Mixed Use 181 182 Energy Use Annual Energy Use Fee Exempt Fee per SF 183 Type BTU /Sq. Ft. Area Above Exempt Area 184 185 Snowmelt System 81,800 (See Note 1) $--34 25 186 Spa 430,000 64 sq. ft. 176 187 (See Note 2) 188 Pool 332,000 N/A 136 189 Heated Garage 19,500 N/A 8 190 191 (NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and 192 driveway aprons only, and shall be equal to the greater of 200 square feet, 50 square 10 -15 ORD Page 5 of 7 193 feet per unit, or that portion of the on -site driveway that exceeds 8% slope plus 200 194 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or 195 walkways unless the Chief Building Official determines that snowmelting of these areas 196 represents a life- safety issue and is essential to building ingress or egress. Applicants 197 may appeal decisions regarding the necessity of providing snowmelted decks, patios, or 198 walkways to the Town's Board of Appeals and Examiners.) 199 200 (NOTE 2: The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, 201 or 3 square feet per unit.) 202 203 d. The fees described in the schedule above shall be applied on a per square 204 foot basis for exterior energy uses exceeding the "Fee Exempt Area," if 25% 205 501 of such energy use is not offset with OR site renewables. Fees shall be 206 calculated and adjusted to account for mechanical equipment efficiency as 207 illustrated by the following calculation EXAMPLE 208 209 A driveway snowmelt system of 700 square feet is proposed fora relatively 210 flat single family home site with a boiler efficiency of 85 The 200 square 211 foot "Fee Exempt Area" is excluded from the fee calculation. A fee of $25 212 $34 per sq. ft. applies to the remaining 500 sq. ft. kW 25x 500 $12,500 213 1:7,000). That amount is adjusted by an efficiency rating of 0.85 ($12,500 214 17,000 0.85 $14,706 20,000), resulting in a total in -lieu fee of $14,706 215 20,000. 216 217 4. Energy Code Review Fee. 218 219 An Energy Code Review fee equal to the lesser of One Thousand Dollars ($1,000) or 220 Ten Percent (10 of the project's Building Permit Fee shall be paid prior to Building 221 Permit issuance in order to cover the Town's administrative costs associated with 222 verifying compliance with this Section 18-224 and calculating the required REOP Fees, if 223 any. Energy, Code Review Fees shall be required regardless of whether an owner elects 224 to meet the applicable building efficiency standards, or pays a fee in -lieu. 225 226 5. Fee Collection 227 Fees will be collected by the Town of Snowmass Village Building Department prior to 228 Building Permit issuance. Collected fees shall be deposited to the Town's Renewable 229 Energy Offset Program Fund. 230 231 A building project will not be eligible to receive a Building Permit until the project owner 232 has demonstrated that the required energy performance standards and /or en site 233 renewable energy generation requirements have been achieved, or that the Town has 234 received payment of the in -lieu fee. 235 236 6. Management and Appropriation of REOP Funds. 237 238 Fees collected and deposited into the REOP account are to be managed by the Town 239 Manager, or their designee, as such designee may be determined by Resolution of the 240 Town Council of the Town of Snowmass Village. 10 -15 ORD Page 6 of 7 241 242 Expenditures of REOP funds shall be used for the following purposes: 243 a. planning, design, and implementation of renewable energy generation 244 projects, 245 b. purchase of renewable energy offsets (credits), 246 c. providing a community grant and /or rebate program for energy efficiency 247 enhancements or renewable energy generation projects, and 248 d. funding other resources and administrative costs associated with green 249 building and environmental sustainability- oriented efforts. 250 251 Expenditures shall be consistent with the Renewable Energy Offset Program Protocols, 252 as such Protocols shall be described and approved by Resolution of the Town Council of 253 the Town of Snowmass Village prior to the effective date of this Ordinance. 254 255 7. Effective Date and Applicability. This Ordinance shall become effective on 256 November 1, 2008, and shall apply to all Building Permit applications received after that 257 date. 258 a. Planned Unit Developments that have received Final Approval prior to the 259 effective date shall not be subject to the provisions of this Ordinance. 260 b. The Town Council shall review the fees established by this ordinance within 261 one year of the ordinance's effective date. 262 263 8. Waivers. Upon receipt of a written waiver request from a project applicant, the Town 264 Council may elect to waive any or all of the provisions of this ordinance based upon a 265 finding of community benefit, or public safety need. 266 267 9. Severability. If any provision of this Ordinance or application hereof to any person or 268 circumstance is held invalid, the invalidity shall not affect any other provision or 269 application of this Ordinance which can be given effect without the invalid provision or 270 application, and, to this end, the provisions of this Ordinance are severable. 271 272 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 273 Snowmass Village on the First Reading on August 4, 2008 upon a motion by Council 274 Member the second of Council Member 275 and upon a vote of in favor and opposed. 276 277 READ, APPROVED AND ADOPTED, by the Town Council of the town of 278 Snowmass Village on Second Reading on September 8, 2008 upon a motion by Council 279 Member the second of Council 280 Member and upon a vote of in favor 281 and opposed. 282 283 TOWN OF SNOWMASS VILLAGE 284 285 286 Douglas Mercatoris, Mayor 10 -15 ORD Page 7 of 7 287 ATTEST: 288 289 290 Rhonda Coxon, Town Clerk 291 292 APPROVED AS TO FORM: 293 294 295 John Dresser, Town Attorney 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 15 5 SERIES OF 2010 6 7 8 AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF THE TOWN OF 9 SNOWMASS VILLAGE MUNICIPAL CODE TO ESTABLISH BUILDING EFFICIENCY 10 STANDARDS AND A RENEWABLE ENERGY OFFSET PROGRAM (REOP). 11 12 WHEREAS, the Town Council supports and promotes energy; conservation and 13 the use of energy efficient building practices within the Town of Snowmass Village; and 14 15 WHEREAS, the Town Council supports and promotes renewable energy 16 generation within the Town of Snowmass Village; and" 17 18 WHEREAS, the Town Council finds it necessary and beneficial to.e'stablish 19 building efficiency standards that exceed those required under the Town's Energy 20 Conservation Code, and 21 22 WHEREAS, the Town Council finds it necessary and beneficial to require on -site 23 renewable energy generation to offset the energy demand 'of outdoor amenities such as 24 pools and hot tubs, snowmelt systems, and heated garages; and 25 26 WHEREAS, the Town Council finds it necessary, and beneficial to establish in- 27 lieu fee options for property owners that choose not to employ energy efficient building 28 practices, or that wish to build highly energy consumptive outdoor amenities, and 29 30 WHEREAS, the'revenues, derived from "such in -lieu fees will establish a funding 31 mechanism to facilitate the development of renewable energy generation projects and 32 programs to enhance energy efficiencythroughout the Village; and 33 34 WHEREAS, the Town Council finds that the adoption of this Ordinance is in the 35 best interest of the Town and is reasonably necessary to promote and preserve the 36 public health, safety and welfare. 37 38 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass 39 Village, as follows: 40 41 A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by the 42 addition of the following: 43 44 Sec. 18 -224. Building Efficiency Standards and Renewable Energy Offset 45 Program (REOP) 46 47 1. Residential Construction 48 49 This section shall apply to all residential new construction, and to any residential addition 50 of at least 1,000 square feet. In order to provide evidence of compliance with this 51 Section, a Home Energy Rating System (HERS) rating shall be submitted at the time of 10 -15 ORD Page 2 of 7 52 building permit application. A final HERS rating certificate, based upon field inspections 53 and testing conducted during construction, shall be submitted prior to receiving a 54 Certificate of Occupancy. 55 56 a. Residential building projects up to 3000 5 square feet are required to 57 achieve a minimum Home Energy Rating System (HERS) Index of 85 7 T or 58 less, utilizing the Colorado Energy Star Home Energy Rating System, and 59 60 i. In lieu of achieving the required HERS Index, owners may pay a 61 fee of $2.00 $5.00 per square foot. 62 63 b. Residential building projects from 3001 to 5000 -64 square feet are required to achieve a minimum HERS Index of 80 Wpoints, 65 or less. 66 67 i. In lieu of achieving the required HERS Index, owners may choose 68 to comply with the HERS Index requirements of Section 18- 69 224.1.a. above, and pay a fee of $3.00 per square foot.` 70 71 c. Residential building projects from 5001 to 117,000 of 10,000 square feet are 72 required to achieve a HERS Index of 75 60 points, or less. 73 74 i. In lieu of achieving the.required HERS Index, owners may choose 75 to comply with the HERS Index requirements of Section 18- 76 224.1.b. above, and,pay a =fee "of $4.00 per gross square foot. 77 78 d. Residential tauildEng projects exceeding 10,000 square feet are required 79 to achieve a minimum HERS` Index of 70 paints, or less. 80 81 i. In lieu of achieving the-required HERS Index, owners may 82 choose to comply;with the,NERS Index'requirements of Section 18- 224.1.c above, 83 and pay a fee of $6,00 per gross square foot. 84 85 If a residential building project includes exterior energy uses, then a separate and 86 additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 87 88 2. Non Residential and Mixed -Use Construction 89 90 This section shall apply to all non residential or mixed -use new construction, and to any 91 non residential or mixed -use addition of more than 1,000 square feet. For buildings or 92 additions up to 5,000 square feet, COMcheck documentation or a DOE -2 based energy 93 simulation shall be submitted as evidence of compliance with this section. For buildings 94 greater than 5,000 square feet, a DOE -2 based energy simulation shall be required. 95 96 a. Based upon total energy usage for the building or addition being proposed, 97 non residential or mixed -use building projects are required to exceed the 98 performance of the Town's Energy Conservation Code in place at the time 99 the building permit is issued by at least 15% 30%. 100 10 -15 ORD Page 3 of 7 101 i. For building projects pursuing Leadership in Energy and 102 Environmental Design (LEED) certification, energy efficiency 103 requirements and performance reviews may be based upon the 104 standards established by the US Green Building Council (i.e., 105 American Society of Heating, Refrigerating and Air Conditioning 106 Engineers ASHRAE Standard 90.1). 107 108 ii. In lieu of achieving the required energy performance standards, 109 owners may pay a fee of $5.00 $8-00 per square foot and shall 110 meet the performance standards required pursuant to the Town's 111 Energy Conservation Code in place at thetime the building permit 112 is issued. 113 114 If a non residential or mixed -use building project includes exterior energy uses, then a 115 separate and additional fee may be required pursuant to Section 1:'Exterior Energy Use, 116 below. 117 118 3. Exterior Energy Use. 119 120 This section shall apply to outdoor pools, hot tubs, snowrrielt systems, and heated 121 garages. 122 123 a. At least 25% 5" of the Annual Energy Use accountable to outdoor pools 124 and hot tubs, snowmelt systems, and heated garages, as defined in Section 125 18 224.3.b and Section 18 and�in=excess "of the "Fee Exempt Area" 126 described therein shall be offset renewable energy generated on site or 127 at an approved Community Renewable Energy site.. 128 129 b. Heated Garages. Any garage heated by a boiler or furnace system must be 130 controlled by'a separate thermostat and zone. A REOP fee shall apply for 131 these =types of applications;° as described below. 132 133 d. In lieu of producing the`required amount of renewable energy on site, owners 134 may pay a fee calculated, in accordance with the following fee schedule and 135 :calculation example: 136 137 138 i. Single Family Residential 139 Energy Use Annual Energy Use Fee Exempt Fee per SF 140 Type BTU /Sq. Ft. Area Above Exempt Area 141 142 Snowmelt System 81,800 200 sq. ft. $--34-$25 143 (See Note) 144 Spa 430,000 64 sq. ft. 176 145 Pool 332,000 N/A 136 146 Heated Garage 19,500 See Section 18- 224.3.b 8 147 10 -15 ORD Page 4 of 7 148 NOTE The Fee Exempt Area for snowmelt systems shall apply to driveways and 149 driveway aprons only, and shall be equal to the greater of 200 square feet, or that 150 portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee 151 Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the 152 Chief Building Official determines that snowmelting of these areas represents a life 153 safety issue and is essential to building ingress or egress. Applicants may appeal 154 decisions regarding the necessity of providing snowmelted decks, patios, or walkways to 155 the Town's Board of Appeals and Examiners.) 156 157 ii. Multi Family Residential 158 Energy Use Annual Energy Use Fee Exempt Fee per SF 159 Type BTU /Sq. Ft. Area Above Exempt Area 160 161 Snowmelt System 81,800 50 sq. ft. --34$25 162 (See�Note 1) 163 Spa 430,000 64 sq. ft. $,176 164 :'(S,ee Note:2) 165 Pool 332,000 N /A 136 166 Heated Garage 19,500 N /A 8 167 168 NOS TE 1: The Fee Exempt Area for snowmelt systems shall applyato driveways and 169 driveway aprons only, and shall be equal to tfie'greater of 50 square feet per unit, or that 170 portion of the on -site driveway that exceeds 8 %.siope,plus.200 square feet. The Fee 171 Exempt Area for snowmelting shall not apply, io decks; °patios, or walkways unless the 172 Chief Building Official,dete'rmines that snovtirrielting of these areas represents a life 173 safety issue and is essential to building ingress or egress. Applicants may appeal 174 decisions regarding t*necessity of providing sn,owmelted decks, patios, or walkways to 175 the Town's Board of Appeals and 'Examiners. Y­ 176 NOTE 2 The `Fee Exempt Area for Sp as�shall be equal to the greater of 64 square feet, 177 or 3 square feet per unit.) 178 179 180 iii. Non Residential and Mixed Use 181 182 Energy Use Annual Energy Use Fee Exempt Fee per SF 183 Type BTU /Sq. Ft. Area Above Exempt Area 184 185 Snowmelt System 81,800 (See Note 1) $--34$25 186 Spa 430,000 64 sq. ft. 176 187 (See Note 2) 188 Pool 332,000 N/A 136 189 Heated Garage 19,500 N/A 8 190 191 (NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and 192 driveway aprons only, and shall be equal to the greater of 200 square feet, 50 square 10 -15 ORD Page 5 of 7 193 feet per unit, or that portion of the on -site driveway that exceeds 8% slope plus 200 194 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or 195 walkways unless the Chief Building Official determines that snowmelting of these areas 196 represents a life- safety issue and is essential to building ingress or egress. Applicants 197 may appeal decisions regarding the necessity of providing snowmelted decks, patios, or 198 walkways to the Town's Board of Appeals and Examiners.) 199 200 (NOTE 2: The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, 201 or 3 square feet per unit.) 202 203 d. The fees described in the schedule above shall be applied on a per square 204 foot basis for exterior energy uses exceeding the "Fee Exempt Area," if 25% 205 00% of such energy use is not offset with era -site rertewables. Fees shall be 206 calculated and adjusted to account for mechanical equipment efficiency as 207 illustrated by the following calculation EXAMPLE 208 209 A driveway snowmelt system of 700 square feet is proposed for a relatively 210 flat single family home site with a boiler efficiency of 85 The 200 square 211 foot "Fee Exempt Area" is excluded from',the fee calculation. A fee of $25 212 $34 per sq. ft. applies to the remaining 500'sq.`ft. {$34 $25x 500 $12,500 213 17,000). That amount is adjusted by an efficiency rating of 0.85 ($12,500 214 17,000 0.85 $14,706 20;900) resulting in a in -lieu fee of $14,706 215 20,000. 216 217 4. Energy Code Review Fee. 218 219 An Energy Code Reviewfee "equal to the lesser of One Thousand Dollars ($1,000) or 220 Ten Percent (10 of the project's Building Permit Fee shall be paid prior to Building 221 Permit issuance in orderto cover the Town's administrative costs associated with 222 verifying compliance with this Section 18 -224 and calculating the required REOP Fees, if 223 any. Energy Code Review Fees shall be required regardless of whether an owner elects 224 to meet the applicable building efficiency standards, or pays a fee in -lieu. 225 226 5. Fee Collection 227 Fees will be collected by the Town of Snowmass Village Building Department prior to 228 Building Permit issuance. Collected fees shall be deposited to the Town's Renewable 229 Energy Offset Program Fund. 230 231 A building project will not be eligible to receive a Building Permit until the project owner 232 has demonstrated that the required energy performance standards and /or orgy -site 233 renewable energy generation requirements have been achieved, or that the Town has 234 received payment of the in -lieu fee. 235 236 6. Management and Appropriation of REOP Funds. 237 238 Fees collected and deposited into the REOP account are to be managed by the Town 239 Manager, or their designee, as such designee may be determined by Resolution of the 240 Town Council of the Town of Snowmass Village. 10 -15 ORD Page 6 of 7 241 242 Expenditures of REOP funds shall be used for the following purposes: 243 a. planning, design, and implementation of renewable energy generation 244 projects, 245 b. purchase of renewable energy offsets (credits), 246 c. providing a community grant and /or rebate program for energy efficiency 247 enhancements or renewable energy generation projects, and 248 d. funding other resources and administrative costs associated with green 249 building and environmental sustainability- oriented efforts— 250 250 251 Expenditures shall be consistent with the Renewable Energy Offset Program Protocols, 252 as such Protocols shall be described and approved by Resolution'Of the Town Council of 253 the Town of Snowmass Village prior to the effective date of this Ordinance. 254 255 7. Effective Date and Applicability. This Ordinance shall become, effective on 256 November 1, 2008, and shall apply to all Building .Permit applications rece ived `after that 257 date. 258 a. Planned Unit Developments that have received Final Approval prior to the 259 effective date shall not be. subject to the provisions of this Ordinance. 260 b. The Town Council shall revi6w"the fees established,by this ordinance within 261 one year of the ordinance's effective date. 262 263 8. Waivers. Upon receipt written waiverrequest froi'n`'a project applicant, the Town 264 Council may elect to waive any,or all of the,provisions of this ordinance based upon a 265 finding of community benefit, or public safety need. 266 267 9. Severability. If any provision of this Ordinance or application hereof to any person or 268 circumstance is held invalid, the invalidity shall not affect any other provision or 269 application''of this` Ordinance which can be given effect without the invalid provision or 270 application, and, to this'e'nd, theprovisions of this Ordinance are severable. 271 272 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 273 Snowmass Village on the First Reading on August 4, 2008 upon a motion by Council 274 Member the second of Council Member 275 and upon a vote of in favor and opposed. 276 277 READ, APPROVED AND ADOPTED, by the Town Council of the town of 278 Snowmass Village on Second Reading on September 8, 2008 upon a motion by Council 279 Member the second of Council 280 Member and upon a vote of in favor 281 and opposed. 282 283 TOWN OF SNOWMASS VILLAGE 284 285 286 Douglas Mercatoris, Mayor 10 -15 ORD Page 7 of 7 287 ATTEST: 288 289 290 Rhonda Coxon, Town Clerk 291 292 APPROVED AS TO FORM: 293 294 295 John Dresser, Town Attorney REOP (Renewable Energy Offset Program) Residential Revision Comparisons Original 2008 Ordinance Proposed 2010 Ordinance 0 5000 SF HERS 70 or less 0 3000 SF HERS 85 or less or $5.00 SF or $2.00 SF 5000-9999 HERS 65 or less 3001 5000 HERS 80 or less or $3.00 SF or $3.00 SF 10,000 or greater HERS 60 or less 5001 10,000 HERS 75 or less or $4.00 SF or $4.00 SF 10,000 or greater HERS 60 or less or $5.00 SF Commercial Revision Comparisons Original 2008 Ordinance Proposed 2010 Ordinance 30% better than current IECC 15% better than IECC Fee in lieu $8.00 SF Fee in lieu $5.00 SF Exterior Energy Uses Revision Comparisons Original 2008 Ordinance Proposed 2010 Ordinance 50% of use to be renewable on -site 25% of use to be renewable on -site Snowmelt fee in lieu $34.00 SF Snowmelt fee in lieu $25.00 SF MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director DATE: August 4, 2008 SUBJECT: FIRST READING OF ORDINANCE NO. 11, SERIES OF 2008 BUILDING EFFICIENCY STANDARDS AND RENEWABLE ENERGY OFFSET PROGRAM (REOP) I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL 1. Ordinance No. 11 is the successor to Ordinance No. 6, Series of 2008, and carries forward the concept of developing a Renewable Energy Mitigation (REMP) -like program for the Town of Snowmass Village. 2. Staff is recommending that Council approve the First Reading of Ordinance No. 11, Series of 2008. II. DISCUSSION 1. Summary of Ordinance No. 11, Series of 2008 Ordinance No. 11 would establish energy efficiency standards for new construction and additions to existing buildings. An in -lieu fee would provide an option for those unable to achieve the required efficiency standards in their projects. Renewable energy generation requirements would be established to offset energy demand accountable to outdoor pools and hot tubs, snowmelt systems, and heated garages. In lieu fees would provide options for those wishing to build these amenities without offsetting their energy load with on -site renewables. Fees collected would be managed by the Town and used to establish a fund for renewable energy projects, a grant- making or rebate program, or other sustainability- oriented projects deemed appropriate by the Town Council. Finally, an Energy Code Review fee would be established to cover the Town's administrative costs associated with adoption of the Building Efficiency Standards and implementation of the Renewable Energy Offset Program (REOP). 2. Background On July 7, 2008, Council tabled the first reading of Ordinance 6, Series of 2008, to August 4, 2008. Staff was directed to continue our evaluation of a range of options concerning the structuring, administration, and application of a REMP, or REMP -like program. Furthermore, staff was directed to consult the Town's Board of Appeals and hold additional public outreach meetings to gain further input on the proposed legislation. On July 15 the Town hosted a second round of public workshops aimed at developing a Community Environmental Sustainability Plan (as discussed under a separate item on today's Council Agenda). The Draft Plan that has emerged from that effort includes several goals and action items that are either consistent with, or speak directly to the concept of the program proposed under the subject ordinance. Most directly, under the "Energy Conservation and Climate Protection" heading, Goal #2 states that the Town should "Significantly increase energy efficiency across all sectors of the community... Action Item #3 under the same heading suggests that the Town "Develop a `fee -bate' program to offset impacts of inefficient building design and outdoor energy use... Under the heading of "Locally- Generated Renewable Energy," Goal #1 states that we should "Increase the use of locally generated, non polluting, renewable energy across all sectors of the community." It is staff's opinion that Ordinance No. 11 is highly consistent with these goals, and would be an effective way for the Town to act quickly to implement one of the plan's recommended action items. Based upon input received from Council, the Board of Appeals, the Snowmass Homeowners Association Design Committee, and the community -at- large, staff has drafted a new ordinance incorporating several recommended changes and new concepts regarding the adoption of efficient building standards and implementation of a renewable energy offset program. Staff believes that the new ordinance addresses many of the concerns identified to date, and is structured in a way that satisfies a triple bottom -line analysis by serving the community's social, environmental, and economic interests. 3. What has changed in the new ordinance? We have incorporated changes affecting almost every aspect of the previous REMP proposal. These include: i. How the program is administered... Rather than joining into the Aspen /Pitkin /CORE REMP program, the new ordinance suggests that the Town would administer a stand -alone program. This would provide a greater degree of autonomy, and allow the Town to ensure that revenues generated in Snowmass Village are re- invested in the community. Under this arrangement, the Town would retain the option to collaborate with other jurisdictions on projects that have a regional benefit. Third party documentation concerning HERS Index and /or building energy performance will be required as a component of Building Permit submittal. The cost of such documentation would be borne by the applicant. Building Department staff will review and verify the documentation provided, and will calculate fee -in -lieu requirements. The Building Department has indicated that they expect the proposed Energy Code Review Fee to help them create the staffing capacity to absorb this new workload. The Ordinance's effective date is proposed to be January 1, 2009. This will allow the Town to continue its outreach and educational efforts concerning this new legislation, and will provide time for the Town to develop protocols pertaining to use of the fee revenue generated as a result of this proposal. ii. What projects are affected... All new building construction, including residential, commercial, public, and mixed -use projects would be subject to the building efficiency standards. Additions to existing structures, which exceed 1,000 square feet, would be subject to the building efficiency standards (for the area of addition only). Renovations are not subject to the building efficiency standards. This change is due to the complexity of establishing an appropriate trigger threshold and calculating energy performance as applied to renovations of existing buildings. Furthermore, staff believes that making such projects subject to the new standards could create financial burdens that would serve as a disincentive to property owners wishing to upgrade their buildings. Staff recommends that Council consider establishing specific requirements for construction methods employed when a property owner chooses to undertake a renovation project. At a minimum, such requirements would address siding and insulation R- values, window U- values, and boiler and furnace efficiencies that must be achieved if any of these items are included as part of a proposed renovation project. Outdoor pools, hot tubs, snowmelt systems, and heated garages would be subject to the renewable energy offset requirements, regardless of whether they are part of a new building project, an addition, or a renovation of an existing property. iii. New performance standards and in lieu fees for new buildings and additions... The Home Energy Rating System (HERS) index requirements for residential construction have been relaxed slightly, in order to be more consistent with the requirements of the national Energy Star Homes Program. By reducing these standards, there is a greater incentive.for property owners to choose the option to pursue them, as compared to paying the in -lieu fee. Cost effectiveness and attainability are also improved for property owners, thereby reducing the financial burden of building new or adding to an existing residence. The residential in -lieu fee structure has remained the same. For non residential and mixed -use construction, the performance target has been reduced from 50% better than current code, down to 30 This standard is consistent with the requirements of the US Green Building Council's Leadership in Energy and Environmental Design (LEED) Green Building Rating System. As noted above, this change has the same benefits with respect to cost effectiveness and attainability, while it also incentivizes property owners to achieve the required efficiency standards, as opposed to paying the in -lieu fee. The non residential and mixed -use in -lieu fee has been increased from $5 per square foot to $7 per square foot in order to be consistent with that for the largest residential category (10,000 sf or greater), and to create an effective incentive for property owners to pursue the higher efficiency standards. iv. New area exemptions, offset requirements, and in lieu fees for outdoor energy uses... Varying quantities of snow melted area are allowed based upon property type (residential vs. commercial, single- vs. multi family, etc...) and topographic site constraints. Varying quantities of hot tub area are allowed based upon property type (residential vs. commercial, single- vs. multi family, etc...). Renewable energy offset requirements have been reduced from 50% of the total energy demand, down to 30 In -lieu fees have been left unchanged to preserve incentives to offset energy loads with on -site renewables, while achieving a greater degree of cost parity with the cost of developing those systems. This change acknowledges potential constraints and /or hardships regarding site capacity and /or appropriateness for inclusion of on -site renewables, and provides a reasonable option for those owners not wishing to develop the on -site systems. I11. CONCLUSION Staff believes that many of the concerns raised to date have been addressed in the proposed ordinance. We believe that further discussion may be warranted on the topic of outdoor energy use, and would propose to continue our dialogue with the community on that matter between first and second reading of this ordinance. However, we are confident that any outstanding issues can be addressed over the course of the coming month and would recommend approval of the first reading of Ordinance No. 11, with a Second Reading to occur at the September 8, 2008 Council meeting. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 11 SERIES OF 2008 AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE TO ESTABLISH BUILDING EFFICIENCY STANDARDS AND A RENEWABLE ENERGY OFFSET PROGRAM (REOP). WHEREAS, the Town Council supports and promotes energy conservation and the use of energy efficient building practices within the Town of Snowmass Village; and WHEREAS, the Town Council supports and promotes renewable energy generation within the Town of Snowmass Village; and WHEREAS, the Town Council finds it necessary and beneficial to establish building efficiency standards that exceed those required under the Town's Energy Conservation Code, and WHEREAS, the Town Council finds it necessary and beneficial to require on -site renewable energy generation to offset the energy demand of outdoor amenities such as pools and hot tubs, snowmelt systems, and heated garages, and WHEREAS, the Town Council finds it necessary and beneficial to establish in- lieu fee options for property owners that choose not to employ energy efficient building practices, or that wish to build highly energy consumptive outdoor amenities, and WHEREAS, the revenues derived from such in -lieu fees will establish a funding mechanism to facilitate the development of renewable energy generation projects and programs to enhance energy efficiency throughout the Village; and WHEREAS, the Town Council finds that the adoption of this Ordinance is in the best interest of the Town and is reasonably necessary to promote and preserve the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass Village, as follows: A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by the addition of the following: Sec. 18 -224. Building Efficiency Standards and Renewable Energy Offset Program (REOP) 1. Residential Construction This section shall apply to all residential new construction, and to any residential addition of at least 1,000 square feet. In order to provide evidence of compliance with this Section, a Home Energy Rating System (HERS) rating shall be submitted at the time of 08 -11 TC Page 2 of 6 building permit application. A final HERS rating certificate, based upon field inspections and testing conducted during construction, shall be submitted prior to receiving a Certificate of Occupancy. a. Residential building projects up to 5,000 square feet are required to achieve a minimum Home Energy Rating System (HERS) Index of 70, or less, utilizing the Colorado Energy Star Home Energy Rating System, and i. In lieu of achieving the required HERS Index, owners may pay a fee of $5.00 per square foot. b. Residential building projects between 5,000 and 9,999 square feet are required to achieve a minimum HERS Index of 65 points, or less. i. In lieu of achieving the required HERS Index, owners may choose to comply with the HERS Index requirements of Section 18- 224.1.a. above, and pay a fee of $3.00 per square foot. c. Residential building projects of 10,000 square feet, or more, are required to achieve a HERS Index of 60 points, or less. i. In lieu of achieving the required HERS Index, owners may choose to comply with the HERS Index requirements of Section 18- 224.1.b. above, and pay a fee of $4.00 per gross square foot. If a residential building project includes exterior energy uses, then a separate and additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 2. Non Residential and Mixed -Use Construction This section shall apply to all non residential or mixed -use new construction, and to any non residential or mixed -use addition of more than 1,000 square feet. For buildings or additions up to 5,000 square feet, COMcheck documentation or a DOE -2 based energy simulation shall be submitted as evidence of compliance with this section. For buildings greater than 5,000 square feet, a DOE -2 based energy simulation shall be required. a. Based upon total energy usage for the building or addition being proposed, non- residential or mixed -use building projects are required to exceed the performance of the Town's Energy Conservation Code in place at the time the building permit is issued by at least 30 i. For building projects pursuing Leadership in Energy and Environmental Design (LEED) certification, energy efficiency requirements and performance reviews may be based upon the standards established by the US Green Building Council (i.e., American Society of Heating, Refrigerating and Air Conditioning Engineers ASHRAE Standard 90.1). H. In lieu of achieving the required energy performance standards, owners may pay a fee of $8.00 per square foot and shall meet the performance standards required pursuant to the Town's Energy 08 -11 TC Page 3 of 6 Conservation Code in place at the time the building permit is issued. If a non residential or mixed -use building project includes exterior energy uses, then a separate and additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 3. Exterior Energy Use. This section shall apply to outdoor pools, hot tubs, snowmelt systems, and heated garages. a. At least 50% of the Annual Energy Use accountable to outdoor pools and hot tubs, snowmelt systems, and heated garages, as defined in Section 18- 224.3.b and Section 18- 224.3.c, and in excess of the "Fee Exempt Area" described therein, shall be offset with renewable energy generated on site. b. Heated Garages. Any garage heated by a boiler or furnace system must be controlled by a separate thermostat and zone. A REOP fee shall apply for these types of applications, as described below. c. In lieu of producing the required amount of renewable energy on site, owners may pay a fee calculated in accordance with the following fee schedule and calculation example: L Single- Family Residential Energy Use Annual Energy Use Fee Exempt Fee per SF Type BTU /Sq. Ft. Area Above Exempt Area Snowmelt System 81,800 200 sq. ft. 34 (See Note) Spa 430,000 64 sq. ft. 176 Pool 332,000 N/A 136 Heated Garage 19,500 See Section 18- 224.3.b 8 NOTE The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 200 square feet, or that portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners.) 08 -11 TC Page 4 of 6 ii. Multi Family Residential Energy Use Annual Energy Use Fee Exempt Fee per SF Type BTU /Sq. Ft. Area Above Exempt Area Snowmelt System 81,800 50 sq. ft. 34 (See Note 1) Spa 430,000 64 sq. ft. 176 (See Note 2) Pool 332,000 N/A 136 Heated Garage 19,500 N/A 8 (NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 50 square feet per unit, or that portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners. NOTE 2 The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, or 3 square feet per unit.) iii. Non Residential and Mixed Use Energy Use Annual Energy Use Fee Exempt Fee per SF Type BTU /Sq. Ft. Area Above Exempt Area Snowmelt System 81,800 (See Note 1) 34 Spa 430,000 64 sq. ft. 176 (See Note 2) Pool 332,000 N/A 136 Heated Garage 19,500 N/A 8 (NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 200 square feet, 50 square feet per unit, or that portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life- safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners.) (NOTE 2: The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, or 3 square feet per unit.) 08 -11 TC Page 5 of 6 d. The fees described in the schedule above shall be applied on a per square foot basis for exterior energy uses exceeding the "Fee Exempt Area," if 50% of such energy use is not offset with on -site renewables. Fees shall be calculated and adjusted to account for mechanical equipment efficiency as illustrated by the following calculation EXAMPLE A driveway snowmelt system of 700 square feet is proposed for a relatively flat single family home site with a boiler efficiency of 85 The 200 square foot "Fee Exempt Area" is excluded from the fee calculation. A fee of $34 per sq. ft. applies to the remaining 500 sq. ft. ($34 x 500 $17,000). That amount is adjusted by an efficiency rating of 0.85 ($17,000 0.85 $20,000), resulting in a total in -lieu fee of $20,000. 4. Energy Code Review Fee. An Energy Code Review fee equal to the lesser of One Thousand Dollars ($1,000) or Ten Percent (10 of the project's Building Permit Fee shall be paid prior to Building Permit issuance in order to cover the Town's administrative costs associated with verifying compliance with this Section 18 -224 and calculating the required REOP Fees, if any. Energy Code Review Fees shall be required regardless of whether an owner elects to meet the applicable building efficiency standards, or pays a fee in -lieu. 5. Fee Collection Fees will be collected by the Town of Snowmass Village Building Department prior to Building Permit issuance. Collected fees shall be deposited to the Town's Renewable Energy Offset Program Fund. A building project will not be eligible to receive a Building Permit until the project owner has demonstrated that the required energy performance standards and /or on -site renewable energy generation requirements have been achieved, or that the Town has received payment of the in -lieu fee. 6. Management and Appropriation of REOP Funds. Fees collected and deposited into the REOP account are to be managed by the Town Manager, or their designee, as such designee may be determined by Resolution of the Town Council of the Town of Snowmass Village. Expenditures of REOP funds shall be used for the following purposes: a. planning, design, and implementation of renewable energy generation projects, b. purchase of renewable energy offsets (credits), c. providing a community grant and /or rebate program for energy efficiency enhancements or renewable energy generation projects, and d. funding other resources and administrative costs associated with green building and environmental sustainability- oriented efforts. 08 -11 TC Page 6 of 6 Expenditures shall be consistent with the Renewable Energy Offset Program Protocols, as such Protocols shall be described and approved by Resolution of the Town Council of the Town of Snowmass Village prior to the effective date of this Ordinance. 7. Effective Date and Applicability. This Ordinance shall become effective on November 1, 2008, and shall apply to all Building Permit applications received after that date. a. Planned Unit Developments that have received Final Approval prior to the effective date shall not be subject to the provisions of this Ordinance. b. The Town Council shall review the fees established by this ordinance within one year of the ordinance's effective date. 8. Waivers. Upon receipt of a written waiver request from a project applicant, the Town Council may elect to waive any or all of the provisions of this ordinance based upon a finding of community benefit, or public safety need. 9. Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on the First Reading on August 4, 2008 upon a motion by Mayor Mercatoris second of Council Member Sparhawk, and upon a vote of 3 in favor and 0 opposed. Council Members Mordkin and Wilkinson were absent. READ, APPROVED AND ADOPTED, by the Town Council of the town of Snowmass Village on Second Reading on September 8, 2008 upon a motion by Council Member Sparhawk, the second of Council Member Wilkinson, and upon a vote of 4 in favor and Oopposed. Council Member Lewis was absent. TOWN OF SNOWMASS VILLAGE Douglas Mercatoris, Mayor ATTEST: Rhonda Coxon, Town Clerk APPROVED AS TO FORM: John Dresser, Town Attorney SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MONDAY, AUGUST 4, 2008 CALL TO ORDER AT 400 P.M. Mayor Mercatoris called to order the regular meeting of the Snowmass Village Town Council on August 4, 2008 at 4:00 P.M. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Douglas Mercatoris, Sally Sparhawk and Reed Lewis COUNCIL MEMBERS ABSENT: John Wilkinson and Arnold Mordkin STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town Attorney; Joe Coffey, Housing Manager; Terri Everest, Housing Secretary; Lesley Compagnone, Public Relations Officer; David Peckler, Transportation Director; and Donna J. Garcia Spaulding, Deputy. Town Clerk PUBLIC PRESENT: Michael O'Connor, Robert Kaufman, Arlen Wussow, Eric Rudd, Mike Canino, Steve Alldredge, Bob Sirkus, Paul Fee, Scott Stenman, Don Schuster, Chip Cumins and other members of the Public interested in today's Agenda item. Item No. 2 PUBLIC NON AGENDA ITEMS Representative of American Renewable Energy Day (AREday) Chip Cumins requested Town Council's permission to keep the Town of Snowmass Village's logo on their event. Cumins stated that he feels strongly that it is important that the Town support this event. Having said that, he is hoping that Council can appropriate funds in the amount of $1,000, which will keep the Snowmass logo listed under the "Green Sponsor's" column. He provided Council with a flyer with the event dates of August 21 -23, 2008 in Aspen, Colorado. He further reported that this year event speakers included Ted Turner, Pat Mitchell and Peter Buffett. Town Manager Russ Forrest provided Council with a little background information and stated that the Town did help fund this event last year outside of the regular grant cycle. Mayor Mercatoris stated that Town Council does not like taking grant requests at the last minute outside of the regular grant cycle. In response to an inquiry by the Mayor, Cumins explained that the Town grant cycle occurs during the time that this event is 08- 04 -08tc Minutes Page 2 of 11 wrapping up, which is the reason he is once again late in applying for a grant during the regular grant cycle. In response to an inquiry by the Mayor, Cumins stated that Aspen contributes $5,000 and Pitkin County, who comes in through C.O.R.E., contributes $7,000. Town Council unanimously requested that Mr. Cumins comply with the Town's grant program next year. Council denied the $1,000 grant request. Mr. Cumins informed the Council that the Town logo would not be listed on the flier he presented today without grant money support. Item No. 3 COUNCIL UPDATES Newspaper Cardboard Recyclables Council Member Sparhawk explained that the inserts that come in newspapers can go into the newspaper recycle bins, and she requested that the community not throw articles that have a slick surface, such as magazines, into the newspaper bin. She explained that material for the cardboard recycle bin include items that are made of cardboard with a wavy edge and requested that the community not throw cereal boxes into this bin. Sparhawk further explained that people within the community have asked why they can't recycle some things recycled in other locations in the United States. She responded that it has to do with the cost of recycling and the amount of materials: "if too much stuff goes into the bin such as plastics, it could contaminate the entire bin." She stated that "larger communities can accommodate more recycle bins than we do here in Snowmass Village and that if you are recycling plastic bottles the bottles have to have a lid and the number 1 or number 2 on the bottom in order to be considered recyclable." Item No. 4 RODEO PLACE Town Manager Russ Forrest provided Council with an update regarding the Special Meeting of July 28, 2008. Forrest stated that part of those discussions included a contract with Rudd Construction and to bring in Michael O'Connor and Bob Kaufmann of Resort Opportunities Investments, LLC (ROI) on board as the owner's representatives. O'Connor and Kaufmann are present today to provide Council with a project update and request authorization of a Notice to Proceed. They began work on the project last week and have already had quite a few meetings with Rudd Construction to review the project schedule, discuss budget issues, and identify cost risks and any gaps so when they move forward to a contract it is in good, solid condition. O'Connor reported that Council requested that the contract be drafted for tonight's meeting, however, both Rudd Construction and ROI were just awarded the job last week and the Housing Manager Joe Coffey and Dan Rotner of Coburn Development were both gone the bulk of last week which made it impossible to review certain aspects of the project. O'Connor stated that moving forward on the Architect's Institute of American (AIA) document is fine. However, these documents tie Dan Rotner 08- 04 -08tc Minutes Page 3 of 11 into the process, which requires him to be present at certain meetings to perform certain tasks, issue meeting minutes and closeout procedures. O'Connor requested additional time in an effort to be able to talk with Mr. Rotner, who will be available tomorrow, August 5, 2008. Council and O'Connor then discussed details identified on packet page 4, Rudd Construction, Notice to Proceed and discussed the following list of funds needed: 1. Wardcraft Housing (lots 14, 15 and duplex Lots 2 and 3) $238,948.85 2. Mobilization (Rudd Construction) $10,000.00 3. Site Fencing (Rudd Construction) $5,000.00 4. Rebar $23,275.00 5. Timber Creek site visit (Rudd Construction) $4,720.00 for a total due of $281,943.85 O'Connor stated that the second action and request of Council is to authorize the Town Manager to execute the construction contract with Rudd Construction on or before August 11, 2008. Council Member Sparhawk and O'Connor discussed the possibility of receiving a grant from C.O.R.E. for the solar panels. O'Connor reported that the quote for these panels is two years old and needs to be updated. O'Connor commented that the added cost of $18,706 cost is very reasonable for furring out rigid insulation on the basement. O'Connor discussed the value of performance bonds and stated that "these are put in place if we are dealing with an unknown entity. That is not the case here as we have a general contractor who has worked in the Town on other projects and is considered to be no risk." He stated that he has never done a performance bond in his 15 years of experience and recommended that the Town pull out the performance bond and save $37,500. He further discussed the infrastructure costs including an additional drainage system, soil stabilization and Builder's Risk Insurance which is taken out by the property owner and needs to be put in place by the Town. Town Manager Forrest clarified that during the Town Council meeting of August 18, 2008 staff will be providing Council with an update on infrastructure costs, updated budget, and discussion relating to cost splits with the lottery winners. NOTE: Mayor Mercatoris invited public comment at this time. Local resident Paul Fee asked Council what the Town is receiving for the roughly $4 million and if this is a firm bid by Rudd Construction. In response, O'Connor stated that this is a firm bid with a stipulated contingency. Forrest explained that the Town is holding the contingency on its side. Fee then discussed a number of discrepancies 08- 04 -08tc Minutes Page 4 of 11 quoted in a local paper last week and stated that for members of the community who do not attend these meetings this is grossly misleading information. The Mayor explained that the overall cost of the project is being funded by the Town and will be replenished when the homes are sold. After further discussion, Council Member Sparhawk stated that she is fine with the recommendations, assuming mobilization and rebar are covered in the entire price. Council Member Lewis stated that he is comfortable with today's recommendation and requested that Council be immediately notified through the Town Manager if any further discrepancies arise. In response to an inquiry by Mayor Mercatoris, the Town Manager stated that he has experience doing business both with and without a performance bond and that having one is a good idea. Although, when you have a contractor with a stellar reputation, it is not necessary. O'Connor stated that they are comfortable with the architecture firm involved. Housing Manager Joe Coffey stated that he feels good about them doing this work and trusts them. Town Council, the applicant and staff discussed the particulars be excluded as follows: 1. Exclude the Bond Performance 2. Mayor Mercatoris stated that $8,000 is money well spent to prevent a flash flood situation and agreed that this item be pulled away, since it has to do with the infrastructure costs and requires further discussion between the Town Manager and ROI. 3. Council Member Lewis requested that staff make a note for the lottery winners referencing the Add Alternate for the foundation furring, which should be brought up during bargaining discussions. Sally Sparhawk made a motion to approve authorization of the Town Manager to sign a Notice to Proceed with a contract with Rudd Construction prior to August 11, 2008 and not to exceed $3,811,267, seconded by Reed Lewis. The vote passed unanimously with 3 in favor and 0 opposed. Council Members Mordkin and Wilkinson were absent. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk and Reed Lewis. Item No. 5 RESOLUTION NO. 24 SERIES OF 2008 APPROVING THE 5311 GRANT AGREEMENT BETWEEN CDOT AND TOSV Reed Lewis made a motion to approve Resolution No. 24, Series of 2008, seconded by Sally Sparhawk. Transportation Director David Peckler explained that this resolution is authorizing the Town to enter into a contract agreement with the Colorado Department of 08- 04 -08tc Minutes Page 5 of 11 Transportation (CDOT) to support the Federal Transit Administration (FTA), Section 5311 Grant for the purpose of operating a year -round transit service for Route 3 (Mall to Snowmass Club) and Route 8 (Mall to Recreation Center). The agreement requires the Town to obligate $130,625 in local funds to cover its portion of the service and to comply with FTA guidelines to be covered by the grant. There being no further discussion, the vote passed unanimously with 3 in favor and 0 opposed. Council Members Mordkin and Wilkinson were absent. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk and Reed Lewis. Item No. 6 SUSTAINABILITY UPDATE NOTE: Council took a short break and reconvened at 6:00 p.m. Economic Resource Director Jason Haber stated that on July 1 and July 15, 2008 more than 50 Snowmass Village and Roaring Fork Valley community members convened to participate in the creation of a Community Environmental Sustainability Plan. Several meetings were facilitated by Michael Kinsley of the Rocky Mountain Institute to clarify performance objectives and identify potential action items that will help accelerate the community's progress toward sustainability. Haber pointed Council to a draft of the Community Environmental Sustainability Plan included in today's packet beginning on page 57. Council Member Lewis commended the Economic Resource Director Jason Haber and staff for the excellent work that went into the draft document and encouraged the community to review it online. Council Member Sparhawk informed the viewing community that this document is not a final document and their input would be taken seriously when additions and deletions are being considered. The Mayor and staff began the process of filtering through specifics outlined within the document. The Transportation Director David Peckler pointed Council's attention to the Mobility and Transportation item and requested that they review the Public Utility Commission licensing agreements for taxis, limos and like services to make sure they are appropriate. The Mayor stated that "this is such a good document we should consider incorporating it into the Comprehensive Plan," which will be discussed during the Special Meeting of August 25, 2008. Haber stated that the next steps include a series of meetings among Town staff to identify initiatives, continued meetings with the stakeholders that have been involved to refine items listed within the document and develop cost analysis in terms of staffing needs. 08- 04 -08tc Minutes Page 6 of 11 NOTE: Mayor Mercatoris invited public comment at this time. Local resident Jim Benson stated that the Town of Snowmass Village is one of the biggest energy users in the valley and that Snowmelt Road is heated all winter and the pool site with its solar panels that I never see anyone in it." He suggested that maybe the Town needs to look at doing some kind of renewable energy to set the example for the citizens to abide by. He further stated that there are a lot of buses running during off season with nobody on board, as well as commercial truck traffic which causes pollution in the community. Local resident Paul Fee stated that "it was interesting but disappointing that he didn't see other fellow citizens attending public meetings that addressed environmental issues." He then read a newspaper quote by Kinsley stating the same sentiment. Mr. Fee requested the Town Council not place the entire burden on a small number of non- voting homeowners within the community, who had to put in a snow melt road in a lot that was platted without snow melt driveways. Representative of Related Westpac Scott Stenman stated that they are in support of all the efforts the Town is making with the Community Environmental Sustainability Plan and they look forward to working with the Town. Item No. 7 FIRST READING ORDINANCE 6 SERIES OF 2008 RENEWABLE ENERGY MITIGATION PROGRAM (REMP) The Economic Resource Director Jason Haber reported that Ordinance 6, Series of 2008 was Tabled from the July 7, 2008 Town Council Meeting until today. Council's direction to staff at the early meeting was to go out into the community to gain further input on this proposed legislation regarding the Renewable Energy Mitigation Program (REMP) and hold additional public outreach meetings, including the Town's Board of Appeals, the Homeowner's Association, and Design Committee. Based upon this input, staff has drafted a new ordinance incorporating several recommended changes and new concepts regarding development of an efficient building and renewable energy offset program (Please refer to the next item for discussion First Reading Ordinance 11, Series of 2008). Haber stated that staff recommendation to Council is to deny First Reading of Ordinance No. 6, Series of 2008 in consideration of Ordinance No. 11, Series of 2008. The Mayor clarified for the public what is happening at this point and ensured them that Council would still be discussing REMP but that they would be doing so under the next Agenda item, thereby getting rid of Ordinance No. 6, Series of 2008 that staff does not feel is appropriate. There being no further discussion, Mayor Douglas Mercatoris called the question. The vote failed with 0 in favor of Ordinance No. 6, Series of 2008 and 3 opposed. Council Members Mordkin and Wilkinson were absent. 08- 04 -08tc Minutes Page 7 of 11 AYE: NONE AGAINST: Mayor Douglas Mercatoris, Sally Sparhawk and Reed Lewis. Item No. 8 FIRST READING ORDINANCE NO. 11, SERIES OF 2008 BUILDING EFFICIENCY STANDARDS AND RENEWABLE ENERGY OFFSET PROGRAM REOP Sally Sparhawk made a motion to approve First Reading of Ordinance No. 11, Series of 2008, seconded by Mayor Douglas Mercatoris. The Economic Resource Director Jason Haber stated that staff received a lot of input from the public, Town's Board of Appeals, Homeowner's Associations, and Design Committee, which went into Ordinance No. 11, Series of 2008, the successor to Ordinance No. 6, Series of 2008 and carries forward the concept of developing a REMP -like program for the Town. This ordinance establishes energy performance standards for a variety of building types for new construction and additions to existing buildings. He stated that an in -lieu fee would provide an option for those unable to achieve the required efficiency standards in their projects. Haber provided Council with further summary of the ordinance, administration of the program, what has changed in the new ordinance, and explained that an Energy Code Review fee would be established to cover the Town's administrative costs associated with adoption of the Building Efficiency Standards and implementation of the REMP -like program being referred to as the Renewable Energy Offset Program (REOP). He explained that there is an administrative fee that is incorporated into the fee structure in terms of in -house resources or contract services in the event that the Town would need to farm out workload to an entity such as Community Office Resource Efficiency (CORE). Haber explained that some of the performance standards have been relaxed especially in the smaller homes. In terms of the commercial standards, the previous requirement is 50% or better than International Energy Conservation Code (IECC) and what is being reflected today is 30% better efficiency, which is up to LEED certification. Council consensus requested further discussion of this item during Second Reading. Haber referred Council to packet page 78, beginning with line 174 line 179 and discussed the outdoor energy use relating to pools and spas and stated concern with the snowmelt systems striving for 50% off -set with on -site renewables being too aggressive. He stated that this ordinance requires 30% off -set with on -site renewables, which is tripling the benefit to the developer. He stated that he conducted a comparison analysis to other municipalities and found that Carbondale and Basalt each requires 50% off -set with on -site renewables and Aspen requires 100% off -set with a combination of on -site renewables and fee. 08- 04 -08tc Minutes Page 8 of 11 Council consensus stated that they do not desire doing anything that prevents people from upgrading their property, which would be covered by Code. Lastly, Haber stated that rather than joining the Aspen /Pitkin /CORE REMP program, the new ordinance suggests a stand -alone program, which would provide a greater degree of autonomy and allow the Town to ensure that revenues generated in Snowmass Village are re- invested in the community. Under this arrangement, the Town would retain the option to collaborate with other jurisdictions on projects that have a regional benefit. NOTE: Mayor Mercatoris invited public comment at this time. Scott Stenman stated that "He believes that this is a great first step and Related West Pac thinks that it links in well with what they are trying to accomplish here in Snowmass Village in getting all the buildings within Base Village LEED certified." He stated concern with the way the language in the ordinance is worded relating to structuring for the Town to avoid any fees in that it exceeds the existing Code by 30 He stated "From this point forward whatever is set in the Code is setting the fee structure bar higher and if the Town chooses to enact an aggressive energy code Council may want to re -think this language." Stenman further stated concern with the exterior energy usage calculations, since Base Village has already been designed and approved and requested that Council consider modifying the language within this ordinance to exclude existing and future projects. Jim Benson stated that "We wouldn't even have a resort if it weren't for Snowmelt Road, since we wouldn't be able to have access to the ski slopes." He requested that Town Council spend more time on the ordinance language, residential requirements and the cost of solar panels. Representative from Aspen Skiing Company Don Schuster stated his support of Town Council adopting this ordinance. Schuster requested Council to consider adding a paragraph to the language of the ordinance stating if and when the Town adopts an energy code that this document be reviewed simultaneously for the purpose of figuring out calculations and to make sure that the per square foot fees are figured out with today's dollars. He addressed the two tables relating to heated garages and requested clarification in the language defining what constitutes a heated garage. Sparhawk made a motion to amend Ordinance No. 11, Series of 2008 as follows: 50% for the onsite renewables offsets requirement, take the snowmelt to 200 square foot, which is consistent with the rest of the Valley and implement incentives for people to do the right thing, seconded by Reed Lewis. NOTE: Mayor Mercatoris invited public comment at this time. Jim Benson stated "that the 400 square foot for snowmelt is appropriate, since Snowmass is built on a mountain and the driveways that are 8% creates a larger problem than if you didn't snow melt anything." 08- 04 -08tc Minutes Page 9 of 11 Don Schuster stated when they did the Golf Club house, "They were at a 45% allowable energy and they were able to attain a Silver -LEED certification, which is an example of the kind of work ASC, is doing." He stated that they are doing Sam's Knob Restaurant at a LEED certification level as well and that they aren't able to get close to the 50 Scott Stenman stated concern that this ordinance be linked with any building code that the Town amends in the future because the two are very much engrained. He commented on the Base Village approval of underground garages and stated that the snow melted areas for the resort experience was conceived, designed and approved with reliance upon a lot of exterior snow melt. He mentioned that the Aquatic Center and hot tubs within all the buildings was approved as an amenity for the buyers and guests and requested that Council consider language that would account for previous approvals of Base Village otherwise it would be a huge penalty against Base Village. There being no further discussion the vote passed unanimously with 3 in favor and 0 opposed. Council Members Mordkin and Wilkinson were absent. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk and Reed Lewis. Item No. 9 RESOLUTION NO. 23 SERIES OF 2008 EXCISE TAX BALLOT QUESTION Mayor Mercatoris clarified for the public that this is not a new tax, this is placing a question on the ballot for extending a current excise tax, which is the limited excise tax and this money is considered to be voluntarily applied for and all the monies from this tax are used for deed restricted affordable employee housing projects. The Mayor requested a typographical correction to the language on packet page 82, the word "therefrom" correctly separated as follows: therefrom. After further discussion, the Town Attorney stated that the language in its context is correct and left as "therefrom." Reed Lewis made a motion to approve as amended Resolution No. 23, Series of 2008, seconded by Sally Sparhawk. NOTE: Mayor Mercatoris invited public comment at this time. Jim Benson commented that "he believes this sort of thing has worked well so far and stated that he personally has collected over $2 million with this tax." He further stated that it is a great tax that gives people an opportunity to add to their home but it needs to be explained properly to the public before they vote for it." There being no further discussion, the Mayor called the question and the vote passed unanimously with 3 in favor and 0 opposed. Council Members Mordkin and Wilkinson were absent. E 08- 04 -08tc Minutes Page 10 of 11 Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk and Reed Lewis. Item No. 10 MANAGER'S REPORT NOTE: There were other members of the public who arrived late for discussions regarding Item Nos. 6, 7 8: Renewable Energy Mitigation. Council Member Sparhawk informed them that they missed those discussions and offered to fill them in following the meeting, which would adjourn in approximately 10 minutes? Town Manager Russ Forrest stated that the Brush Creek Road pedestrian bike path across from the Snowmass Center has been completed and the Green Team has made the connection behind the Town Hall building to the Mountain View Trail. The Construction Coordinator Dave Shepard will begin fixing a drain underneath the sidewalk "Gap Section" near the lower entrance to the Lichenhearth Condominiums. This will take approximately 4 days to complete and staff does not anticipate interruptions to traffic. Council Member Sparhawk referred staff to the Strategic Projects status chart and requested an update on the tree ordinance. Item No. 11 APPROVAL OF MEETING MINUTES FOR April 16, 2007 Mayor Mercatoris stated that he was not present for the April 16, 2007 Town Council meeting. Therefore, due to lack of a quorum Council requested that this set of minutes be placed on the next Council agenda for approval. Item No. 12 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Underground Utilities Approved Sparhawk stated that Council requested that the concrete utilities at the Lower Kearns Road location be placed underground and since that was not done, they were to be hidden from view with vegetation. She stated that there are four small trees that are currently dying and requested that Related Westpac representative Scott Stenman provide Council with an update of when that is going to be finished. CORE Sparhawk reported that CORE is in the process of merging grant efforts and since the Town of Snowmass Village was involved in signing the intergovernmental agreement along with Aspen, Pitkin County and Holy Cross, it needs to come back to Snowmass Village Council for approval in order to expand the CORE program. BIKE PATH Mayor Mercatoris thanked staff for the bike path completion and stated that the park underneath Wood Road Bridge is looking good. He further requested that staff provide 08- 04 -08tc Minutes Page 11 of 11 Council with a report as to when the stream restoration work will be completed and what will be included in the plans. Mayor Mercatoris requested that staff provide Council with information as to whether the road used for construction of the above mentioned park from the utility farm to the bike path is going to be made into a bike path, re- vegitated or pulled out. Item No. 13 ADJOURNMENT At 6:20 P.M. Sally Sparhawk made a motion to adjourn the Regular Meeting of August 4, 2008, seconded by Reed Lewis. The motion was approved by a vote of 3 in favor to 0 opposed. Council Members Arnold Mordkin and John Wilkinson were absent. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk and Reed Lewis. Abstained: None. This set of minutes was approved by the Snowmass Village Town Council at the Regular Meeting of September 22, 2008. Respectfully Submitted by: Donna J. G a- aultl �aputy Town CIerK To: Snowmass Town Council From: Russ Forrest Date: April 19, 2010 Subject: Budget and Scope for moving forward with an Urban Renewal Authority 1. PURPOSE The Town Council is requested to provide direction on: 1. Whether to proceed with the scope of work and budget described in this memorandum; or 2. Modify the proposed scope of work; or 3. Take no further action on this issue II. BACKGROUND On February 22, 2010, Town Council asked staff to develop a more specific scope of work for implementing an Urban Renewal Authority (URA). Also on February 22n TOSV staff and Paul Benedetti reviewed the legal process and the pros and cons for implementing a URA. The memorandum is attached for the Council's reference (Attachment A). The interest to date for a URA is to give the Town a tool to assemble and potentially condemn land where there are incomplete buildings in Base Village. This is typically done with a private development partner that has the resources to pay for the land and complete the development or with other funding sufficient to complete the statutory steps. There is currently no obvious private development partner to achieve this goal. The Town could implement an URA without a private development partner and simply maintain this tool to address this issue in the future if a private development partner or alternate funding is found. However, the first question is to determine the primary goal for creating a URA. 111. SUMMARY OF SCOPE OF WORK Staff prepared a scope of work with the assistance of Paul Benedetti and Leland Association, a leading consultant in Colorado on creating urban renewal plans and conditions studies. Attachment B is a summary of the process broken into 4 phases with the key decision points in process. This is a summary diagram of the most significant steps for the Town Council to consider. It also provides a potential timeline and schedule for expenditures based on the proposed budget and scope of work in 1 Attachment C. Attachment C outlines other detailed tasks that staff and or consultants would need to perform. Phase I- Determine if a petition should be initiated This initial step involves completing a preliminary conditions study. This involves determining if conditions of blight exist in the community by evaluating all three commercial areas (West Village, Base Village, and the Center). This would begin to help evaluate the specific consideration of including a larger geographic area or keeping the geographic area small and focused on the area including the incomplete buildings in Base Village. This step would also include a letter stating whether "blighted" conditions exist in the community. This step would conclude with a Town Council meeting to ask whether there is sufficient interest in circulating a petition that at least 25 people must sign to create a URA. This initial step could also include preliminary discussions with other taxing authorities to discuss the potential for creating a URA. It is still critical to initiate this first step with a clear goal. The risk of this step, even though it is exploratory in nature, is that it will cause speculation about the issue of declaring blight in Snowmass Village. This initial phase could cost over $12,000 and could be concluded by May 17' It should be noted that Staff is being conservative (high) on the budget since the cost can be unpredictable depending on the number of public meetings, concern from other taxing authorities, and pursuing a more confrontational process with the existing property ownership. Phase 2 Circulate petition and hold a public hearing to create a URA This step involves having at least 25 residents of Snowmass Village sign a petition and then holding a public hearing to create the URA. A new legal authority is in this process. This Authority can be the Town Council or a separate board appointed by the Mayor. Staff recommends that Council act as the Urban Renewal Authority. This is the first significant action in the process that will generate questions from other taxing entities, residents, and particularly the real estate community. The word "blight" generates concern and speculation even though the legal criteria are relatively mundane, i.e. predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness etc. (see Attachment A). This is relatively straight forward step and could cost a little over $3,000 and be complete in early July if not before. Phase 3- Creation of a Plan and Impact Study This phase is relatively more complex than the first two and more expensive. Staff recommends further evaluating the economic implications of using Tax Increment Financing (TIF) and evaluating the considerations for determining the geographic scope of the URA district. This phase begins with evaluating the potential for TIF and the considerations for determining the geographic area of the URA district. TIF is a significant consideration in that it can generate public funding for paying for property that needs redevelopment and public improvements. However, it is of significant concern to other taxing authorities 2 who will be concerned about losing property tax in the impacted areas. Minimizing the size of the URA District needed to address blighted conditions is helpful in working with other taxing authorities. However, it also reduces potential TIF revenue. The other major consideration is whether or not eminent domain will be used by the URA. In the third phase a draft URA plan is created. It is this plan that: 1) delineates the boundaries of the URA district; 2) creates the ability to have TIF; and 3) creates the authority of the URA to condemn land. If the Authority is to have TIF, a financial impact report must be developed which describes the potential economic impacts to the County. It is also recommended that the impacts to other taxing entities be calculated. It should be noted that the economic impacts can often be positive to other taxing entities if the effect of the URA is to remove blighted conditions which are preventing the development of the tax increment area itself and adjoining property that is not subject to TIF and suppressing sales and property taxes. In addition, a URA has the ability to use municipal sales tax for calculating TIF. Staff is recommending that this phase be concluded after creating a draft plan, creating an impact report and holding meetings with other taxing authorities. This phase would culminate in a Council meeting where the Town would need to consider input from the public, other taxing entities, and provide final direction on the three questions mentioned above for the purpose of finalizing the plan. At this stage, the Town Council will be considering authorizing the use of eminent domain in the plan after considering all of the steps and legal requirements related to and required for the use of eminent domain. Those steps and ramifications will be developed and discussed while the plan is being prepared. This phase could cost just over $26,000 and be completed by early September. Again it should be noted that the Town Council could terminate the process at the end of any of the phases or provide new direction to staff. Phase IV- Complete the Plan and hold a public hearing to determine whether the plan should be approved. It is important to your consideration to keep in mind that the URA does not have any significant authority until a plan is properly approved by the Town Council. The URA does not have any significant authority until a plan is approved by Council. This step involves completing the plan, providing legal notices to property owners, tenants, and business owners in the area proposed to be included in the boundaries of the urban renewal plan. In addition, it involves providing notice to the School District and the County prior to a public hearing. The Planning Commission must also review the plan and determine its consistency with the Town's Comprehensive Plan. Notices must occur 30 days prior to the public hearing with the Town Council. The Town then has 120 days after the public hearing to approve the plan. This phase should also include more discussions with taxing entities and sharing the impact study with the County. Again, it's a significant educational process for 3 both the community and the taxing entities to fully understand the process and the implications of a Urban Renewal Plan, particularly if TIF is used in the district. The final phase presuming that the plan is not modified significantly could cost $11,000. Staff believes that the plan could be considered for approval by November 1, 2010. Again it's possible to either expedite the process or lengthen it if there is significant public input and /or input from other taxing authorities. Steps after Plan Approval If the Authority is created and a plan is approved, a 25 year clock is initiated for the purposes of using TIF revenue to pay eligible project costs (if TIF is used). The other financial consideration is that the "base" value of the district is established and adjusted periodically to account for general reassessments and that new incremental increase in assessed value for the district is calculated in excess of the base value. In addition, if the proper statutory steps are followed by the Town Council, the URA now has the authority to condemn land and pay fair market value for the land. The cost of condemnation, both for the land and the process cost can be significant. Summary of Costs The following table is a summary of costs provided in detail in attachment C. Other Cost Property Contingency Attorney Leland lResearch JTotalFees (15 Total Phase 1 $4,480 $6,000 0 $10,480 $1,572.00 $12,052.00 Phase 2 $2,665 $2,665 $399.75 $3,064.75 Phase 3 $4,255 $16,000 $2,500 $22,755 $3,413.25 $26,168.25 Phase 4 $6,105 $3,500 $9,605 $1,440.75 $11,045.75 Total $17,505 $25,500 1 $2,500 $45,505 $6,826 $52,331 IV. ACTION REQUESTED OF COUNCIL Council is requested to either approve moving forward with the URA, which would include the following actions: 1) Approve the Scope of Work described in this memo and the budget in Attachment C. 2) Direct staff to negotiate and enter into contracts with Paul Benedetti for legal services and Leland Consulting based on the budget in Attachment C. Or 4 Direct staff to modify the attached scope and budget Or Take no further action on the topic Attachment A: Memorandum from February 22, 2010 Attachment B: URA Decision Making Process Attachment C: Detailed Budget and Scope 5 ATTACHMENT A To: Snowmass Town Council From: Russ Forrest Date: February 22, 2010 Subject: Discussion on an Urban Renewal Authority 1 INTRODUCTION The Town Council has requested a follow -up discussion on the creation of an Urban Renewal Authority (URA) in Snowmass Village. Staff has invited Paul Benedetti to the meeting to review the process for creating an Urban Renewal Authority and to respond to questions from the Council on the risks and opportunities associated with the creation of a URA. The purpose of an Urban Renewal Authority is to remove or eliminate "blight" in a community. The reasons that communities in the State of Colorado have created URAs include: Using the URAs powers of condemnation, properties can be acquired to remove a blighted condition, typically with the assistance of a private development partner. Utilizing a financing tool called Tax Increment Financing to fund public improvement in a URA district. 2. BACKGROUND On September 14, 2009, the Town Council received a presentation by Paul Benedetti who is an attorney with significant experience in creating Urban Renewal Authorities. The purpose of the presentation was to provide an overview of the potential benefits and risks associated with creating an Urban Renewal Authority. The purpose of the discussion was to determine if the creation of an Urban Renewal Authority in Snowmass Village would be helpful in addressing the partial completion of structures in Base Village and the visual and economic impacts associated those incomplete structures. After reviewing the process for creating a URA, the Town Council elected to take no further action at the time. Now in February of 2010, there does not appear to be a solution for moving forward with the development of Base Village. Council has again asked to have a conversation about the process to determine if a URA is a potential tool to facilitate development to move forward in Base Village. 5 3. SUMMARY OF CONSIDERATIONS: A. What is the legal process for creating a URA? Attachment A is summary of the legal process for creating a URA provided by Paul Benedetti. The process is very involved and requires multiple legal notices. The Two major steps for creating a URA include: 1) Creating the Authority 2) Developing and adopting a plan for a geographic area that can provide powers to create a tax increment financing district and to condemn land. B. What are the basic powers of a URA URA's has the power to: Issue bonds Create a Tax Increment Financing District Undertake redevelopment projects Develop plans for redevelopment to submit to the Town Council Acquire property Condemn property C. What is involved in determine if an area meets the legal definition of "blight" The determination that an area meets the criteria of the Colorado Urban Renewal Law is a cumulative conclusion attributable to the presence of several physical, environmental, and social factors. Indeed, blight is attributable to a multiplicity of conditions, which, in combination, tend to accelerate the phenomenon of deterioration of an area. The definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law, as follows: "Blighted area" means an area that, in its present condition and use and, by reason of the presence of at least four (5 are required if eminent domain is authorized) of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; f. Unusual topography; g. Defective or unusual conditions of title rendering the title non marketable; h. The existence of conditions that endanger life or property by fire and other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidations, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; or k. Inadequate public improvements or utilities. Several principles have been developed by Colorado courts to guide the determination of whether an area meets the criteria under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. The definition of "blighted area contained in [the Urban Renewal Law] is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration." Second, the presence of one well maintained building does not defeat a determination that an area constitutes a blighted area. A determination of blight is based upon an area "taken as a whole," and not on a building -by- building basis. Third, one of the purposes of the Urban Renewal Law is to prevent future decline of an area. Therefore, an area need not evidence widespread dilapidation to qualify as blighted so long as factors which lead to further decline are present. Fourth, an authority's "determination as to whether an area is blighted is a legislative question and the scope of review by the judiciary is restricted." A court's role in reviewing such a blight determination is simply to independently verify if the conclusion is based upon factual evidence and consistent with the statutory definition. D. How large or small should a URA District be? If TIF is used this becomes a very important question. The area of the district must meet the conditions as specified above. It can be advantageous to make the area as large as possible to increase the ability to raise TIF funds. However, the larger the area, the more the concern other taxing entities will have that the URA will unduly impact them financially. Small targeted districts can be advantageous in working with other taxing entities and can be helpful with public communication and perception. A larger area could be advantageous if the State Law is changed and prohibited or limited the powers of a URA. The creation and adoption of a plan, grandfathers the powers of a URA within that plan area. 7 E. What is Tax Increment Financing (TIF)? Once a URA has been established, the URA is able to adopt a plan to use tax increment financing or TIF. Once a redevelopment district is established and a plan is adopted, the property tax base for the redevelopment district is frozen. This means that after the date of plan adoption, the assessed value to which the mill levy for the town and other taxing jurisdictions (i.e. the water district, fire district, school district, and the county) would be the same each year with adjustment for general reassessments and historical growth. For example, if the assessed value in a redevelopment district is $1 million on the date of plan adoption, then the mill levy for each of the overlapping taxing jurisdictions is applied to that $1 million assessed value each year of the plan. As the properties in the redevelopment district begin to increase in value due to the redevelopment efforts, that increase in assessed value times the combined mill levy of the overlapping taxing jurisdictions goes to the URA. For example, if the assessed value of property in the district increases to $10 million in year 5 of the plan, the taxes derived from multiplying the combined mill levy times the $1 million base go to the overlapping taxing jurisdictions and the mill levy times the $9 million increase goes to the URA. So revenues attributable to redevelopment in the district that would have ended up with the county and other entities through increases in tax revenues, stay in the redevelopment district. The plan can also affect town sales tax revenues, but not state or county revenues. The plan can dedicate sales tax revenues above the base year revenues to the URA. No new taxes are established using TIF nor are taxes increased. The revenues produced by increased property values and increased retail sales activity are simply redistributed to benefit the redevelopment district. The following graph represents how revenues are captured by the redevelopment district. 8 Assessed Values Incremental Assessed Value in Future Years Growth in assessed value captured in redevelopment district [agencies ssessed alue used by xing LE will Base Year Assessed Value ntinue to increase based on Time general assessment process Once these revenues are captured, this new stream of revenue can be utilized to pay debt service on bonds that are issued by the Authority for public improvements. Bonding is necessary, as it would take a period of time to acquire enough revenue to fund public improvements. Lending institutions generally find TIF a speculative source of revenue and require a higher interest rate compared to general obligation bonds. If TIF is used, significant discussions and negotiations are required with other taxing authorities to simply explain this financing tool. It should be anticipated that other taxing districts initially will see TIF as a threat to their funding. However, the argument for TIF is that this additional incremental revenue would not have been realized if it were not for the redevelopment in the URA District. No new taxes are established using TIF nor are taxes increased. The revenues produced by increased property values and increased retail sales activity are simply redistributed to benefit the redevelopment district. The following graph represents how revenues are captured by the redevelopment district. 9 a F. State Legislation on URAs Urban Renewal Authorities and particularly TIF have been controversial and contested issues in the Colorado State Legislature. Nearly every year, bills are introduced to change or limit the powers of a URA. Currently there is a bill that may fundamentally limit the powers of a URA. G. What are the pros and Cons of a URA? Pros: A URA is one of the only means to condemn private development for an economic purpose. A URA is one of the only means to condemn private development for redevelopment by a private third party developer. TIF can provide a source of funding for needed public improvements without an increase in taxes. This makes a project more attractive for a private development partner. TIF takes the additional incremental revenue resulting from public and private improvements to help pay for public improvements in a redevelopment area. This form of public revenue is paid for by the development without increasing taxes (User Pays). Other taxing jurisdictions still get what they receive today in revenue. After the TIF district expires (25 years) the other jurisdictions will receive the full benefit of the growth in property and sales tax. Other TIF Districts in Colorado have generally reported that this financial tool has achieved its goal for funding public improvements. Cons: URAs requires legal, financial, land planning (TIF study), and communication expertise. Consulting services can be significant to implement this financing tool. The process cost can vary dramatically but can range from $50,000 to $80,000 to create the authority and adopt a URA plan. After the Authority is created and a plan adopted, there can be significant additional costs if there is a complicated or unfriendly condemnation action. The URA process can impact relationships with other taxing jurisdictions. Creating a URA requires a declaration of blight that can be problematic in a ski resort. However, URAs exist in several Mountain Towns (Vail, Steamboat) If there is a not a capable private partner the Town most likely will not be able to implement its goals through a URA. 10 If property values and sales tax don't increase with development the authority may not be able to pay for the debt service for the bonds. if real estate continues to be depressed, a private development partner may be difficult to find or if found may not be able to find financing for development. If a URA is used, citizens can be concerned about condemnation. This is a confusing financial tool and it is harder to communicate how this tool works compared to other more traditional revenue sources (sales tax, property tax ect). Attachments: A) Materials prepared by Paul C. Benedetti 1Z Paul C. Benedetti 2730 rliff Street Attorney at Law Boulder, Colorado 80307 -3138 Telephone: (303) 499 -6340 Fax: (303) 499-6408 Email: paul.benedetti@comcast.net URBAN RENEWAL, AUTHORITY AND URBAN RENEWAL PROJECTS Caution This is an outline only. It is not intended to be legal advice and may not be retied upon for such purposes This outline does not contain all of the statutory provisions and case law applicable to urban renewal authorities and urban renewal plans Please consult the statute for more information and your legal counsel for legal advice. Thank you. I. Formation of Urban Renewal Authority [31-2 L104 CRS 1 A. A petition stating a need for URA to function in the municipality signed by at least 25 electors of the municipality must be filed with clerk of the municipality. B. Clerk publishes notice of time, place, and purpose of public hearing at which the governing body of municipality will determine the need for the URA.. Notice published at least 10 days prior to date of public hearing in newspaper of general circulation in municipality. If there is no newspaper by posting the notice in at least three public places at least 10 days prior to the hearing. C. Full opportunity to be heard granted to all residents, taxpayers, and other interested persons at public hearing. D. After the hearing, the governing body may adopt a resolution finding: 1. One or more slum or blighted areas exist in the municipality. 2. The acquisition, clearance, rehabilitation, conservation, development, or redevelopment, or combination thereof of such area is necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality. 3. It is in the public interest that the URA for the municipality exercise the powers granted by statute. E. If the governing body adopts a resolution denying the petition, a new petition may be considered if 6 months have elapsed after denial of the original petition. II. Commissioners A. Governing body may designate itself as the URA at time of establishing the URA A transfer of an existing URA may be accomplished only bya majority vote at a regular general election. 131-25-115, C.R.S.] B. The mayor may appoint an odd number of commissioners of not less than 5 or more than I 1 members. The mayor shall designate the chair for the first year. 1. The appointments are subject to approval by the governing body. 2. Under this procedure, not more than one commissioner may be an official of the municipality. The term of such official is not affected by the expiration of the term of his or her municipal office. 3. The commissioners first appointed shall be designated to serve for staggered terms so that the term of at least one commissioner will expire each year. Thereafter the term shall be 5 years. A commissioner serves until a successor has been appointed and qualified. 4. A majority of the commissioners constitute a quorum. 5. The mayor files a certificate of the appointment or reappointment of any commissioner with the clerk of the municipality. C. After appointment, the commissioners sign a certificate stating that the governing body has made the findings regarding formation of the URA and has appointed them as commissioners. The certificate is filed with the Division of Local Government in the Department of Local Affairs. D. Upon filing of the certificate with DQLA, the commissioners and their successors are constituted an urban renewal authority. E. A commissioner receives no compensation for serving, but may be reimbursed for expenses, including travel, incurred in discharge of duties. F. After the first year and annually thereafter or when the office becomes vacant, the commissioners select a chair and vice -chair and it may employ a secretary, who shall be executive director, and other officers, employees, or agents. G. A commissioner, officer, or employee of the URA may not acquire any interest in any property or contract in connection with any urban renewal project. Upon disclosure of such an interest the commissioners may make a determination that the conflict will not be contrary to the public interest. H. The mayor, with the consent of the governing body, may remove a commissioner for inefficiency, neglect of duty, or misconduct in office. 2 I. By statute, an urban renewal authority is an independent corporate body. 1. The Colorado Sunshine Act applies to urban renewal authorities. 3. URA is exempt from Article X, 20 of Colorado Constitution (TABOR). III. Powers and Duties of URA (31.25 105 CRS A. The URA has all powers necessary to carry out provisions ofUR law. B. URA may sue and be sued, and have perpetual succession (unless terminated under 31 -25 -115, C.R.S.). C. Carry out urban renewal plans and to enter into contracts necessary and convenient to act in accordance with the Colorado UR Law. D. Staffing separate or contract with municipality E. Buy properly URA, has the power of eminent domain if specifically authorized by the governing body. F. Sell property pursuant to reasonable competitive bidding requirements for sale or disposition to private parties. Enter into redevelopment agreements. N. Blight Designation (32 -25 -103 CRS A. At least 4 of the following conditions must be present 5 if eminent domain is authorized by the governing body. 1. Slum, deteriorated or deteriorating structures. 2. Predominance of defective or inadequate street layout. 3. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. 4. Unsanitary or unsafe conditions. 5. Deterioration of site or other improvements. 6. Unusual topography or inadequate public improvements or utilities. 7. Defective or unusual conditions of title rendering the title nonmarketable. 3 8. Conditions that endanger life or property by fire or other causes. 9. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities. 10. Environmental contamination of buildings or property. 11. The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements. B. If there is no objection by the property owners or tenants to the inclusion of property in the UR area only one of the above factors is necessary. C. Any condition found to be present may satisfy as many of the above factors as are applicable to such condition. D. The presence of such factors must be found to substantially impair or arrest the sound growth of the municipality, retard the provision of housing accommodations, or constitute an economic or social liability, and is a menace to the public health, safety, morals, or welfare. E. Upon approval of an urban renewal plan, the plan becomes controlling with respect to land area, land use, design, building requirements, timing, or procedure applicable to the property covered by the plan. F. A substantial modification of an adopted urban renewal plan requires the same procedural steps as for approval of the plan. After the URA has sold or leased real property, however, the right to modify the plan is subject to the legal and equitable rights of the lessee or purchaser and their successors. V. Urban Renewal Plans f31 -25 -107 CRS A. URA. is required to give written notice to property owners in area within 30 days of commissioning a study to determine if area is blighted for the purpose of approving an UR Plan. Governing body finds and declares that plan area boundaries are drawn as narrowly as feasible to accomplish the planning and development objectives of proposed UR area. B. Plan requirements and contents. I Must conform with the comprehensive plan. 4 2. Must be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses; maximum densities, building requirements, and relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. [31 -25 -103, C.R.S.] C. Proposed plan must be submitted to planning commission for review and recommendations as to conformance with comprehensive plan. D. Notice of public hearing must be published at least 30 days prior to date of hearing. Notice must describe time, date, place, purposes of hearing, and generally outline the proposed urban renewal plan. E. Written notice of the public hearing must be given to all property owners, residents and owners of business concerns in the proposed urban renewal area at their last known addresses at least 30 days prior to the public hearing. F. The proposed plan and impact report that conforms with Section 31 25- 107(3.5), C.R.S. must be submitted to the county at Ieast 30 days prior to the hearing on the Plan. At public hearing, county may present evidence that proposed development in urban renewal area will create a need for additional county infrastructure and services sharing of TIF is authorized. If disagreement an arbitration procedure is set out in the statute. [Section 31- 25- 107(11), (12), C.R.S.] G. If TIF financing is included in the plan, the school district that includes the urban renewal area must be consulted. H. If relocation is required, a feasible method exists for the relocation of individuals and families in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families. L If relocation is required, a feasible method exists for the relocation of such business concerns in the Urban Renewal Area or in other areas that are not generally less desirable with respect to public utilities and public commercial facilities. J. The plan must afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise. 5 K. The plan must be approved within 120 days since the commencement of the first public hearing on the Plan. L. If property in urban renewal area was included in a proposed urban renewal plan that was not approved, at least two years must have elapsed since the commencement of the prior public hearing concerning such unapproved plan. M. If urban renewal area consists of open land, special- findings are required. 1V. Additional findings are required if the governing body authorizes the use of eminent domain. O. If the urban renewal plan contains language implementing the statutory TIF provisions, the municipality is required to notify the assessor of that fact. State regulations require delivery to the assessor of a copy of the adopted plan, the resolution or ordinance approving the plan, and a map of the urban renewal area if TIF is part of the plan. VI. Tax Increment (TIF) Financing f31 25 107(9) CRS 1 A. The urban renewal plan may contain statutory language dividing the property tax assessment roll and allocating future revenues in the urban renewal area (or an area later added to the area) for up to 25 years as follows: 1. The total assessed value in the urban renewal area as last certified by the county assessor is established as the base value, and taxing bodies levying taxes in the urban renewal area receive the revenues produced by levy against the base value, as adjusted from time to time as a result of general reassessments. 2. The revenues produced by levy of the taxing bodies against increases in assessed value are allocated to the urban renewal authority to pay indebtedness incurred by the authority in carrying out the urban renewal project described in the plan. B. The plan may also contain language allocating for 25 years all or a portion of the municipal sales taxes collected in the area in excess of the total for the 12 months prior to adoption of the urban renewal plan. C. The governing body of the municipality or the urban renewal authority may enter into an agreement to offset the costs of any additional county infrastructure or services necessary to offset the impacts of the urban renewal project. If the county objects to the use of TIF it may employ an arbitration proceeding (as its sole 6 remedy) to require a sharing of revenues where it can compel such sharing if it can demonstrate additional county infrastructure or costs are required as a result of the project. D. Upon a general reassessment of taxable property or a change in the sales tax percentage levied by the municipality, both the base value and TIF value and the sales tax allocation between the city and the URA are required to be proportionately adjusted in accordance with the assessment or change. E. The TIF mechanism is one of allocation only. 1 Tax rates are not increased. 2. Property taxpayers receive the tax bill they would normally receive and pay at the same rates as other taxpayers. 3. Sales taxpayers pay the same rates of sales tax. 4. Once paid, property taxes are allocated so that each taxing body obtains the product of its tax rate times the base value as calculated each year by the assessor., 5. The URA receives the total of all taxing agency tax rates times the TIF .value, if any, and any incremental sales taxes, if made available by the municipal governing body. F. An urban renewal authority may not itself levy taxes [31 -25 -113, C.R.S.] or compel any public body to levy taxes. [31-25-107(9)(c), C.R.S.] VII. Plan Implementation A. Implementation of comprehensive plan, zoning, design standards, land use and building requirements and policies. B. Financing and constructing public infrastructure such as streets, sidewalks, utilities, traffic improvements, parking facilities, traffic improvements, flood and drainage control improvements, and parks. C. Land acquisition/disposition. 1. Voluntary acquisition of property. If eminent domain is used, special provisions not covered in this outline must be implemented. 7 2. Land disposition [31 -25 -106, C.R.S.J a. The URA may dedicate real property to' public use, with or without compensation, if the public use is consistent with the urban renewal plan. b. A reasonable competitive bidding procedure required for disposition to a private party. The authority can follow statute or adopt its own. C. URA may invite proposals by publishing invitation for proposals in newspaper of general circulation once each week for two consecutive weeks. d. An authority may dispose.of real property for fair value (not fair market value) taking into account the uses provided in the urban renewal plan; the restrictions upon the land and the purchaser; the covenants, conditions, and obligations assumed by the purchaser or lessee; and the objectives of the plan. D. Rehabilitation and Redevelopment Agreements with private developers. E. Cleanup of contaminated and property, demolition, and site preparation. VIII. Cooperation with Other Public Bodies [31-25-112, CRS 1 A. In the planning and execution of urban renewal projects, public bodies are authorized to cooperate with the URA. 1. Selling, leasing, or donating property to the URA. 2. Providing public improvements 3. Planning or replanning and zoning or rezoning all or part of the urban renewal area, or to make exceptions from applicable building regulations. 4. Providing various kinds of financial aid. B. A public body means the State of Colorado or any municipality, quasi municipal corporation, board, commission, authority, or other political subdivision or public corporate body of the state. 8 4 r tV f WD N CD L L C CD ca w aa AsSeSsedhkdon F� item No. 4: INFORMATIONAL PRESENTATION ON URBAN RENEWAL AUTHORITY (URA) The Town Attorney John Dresser introduced Paul Benedetti, who is presenting to Town Council on the State of Colorado law regarding Urban Renewal Authorities, with an eye to fixing some of the Town projects. Dresser further stated that Mr. Benedetti's is an Attorney practicing exclusively in this area within the State of Colorado. He passed out an outline prepared by Mr. Benedetti, announced that a copy of this outline is available for the public to view and pointed out that the site map relating to this discussion is out for Council to view. Paul Benedetti, Urban Renewal Authority (URA) Attorney provided Town Council with a brief background of his credentials and stated that he has been working in this specialized field for many years and can provide the Council with a copy of his resume upon request. He further commented that an URA is a corporate body similar to a Housing Authority and is not a government entity; it is a public corporation, with a ruling by the Court of Appeals and is not subject to TABOR; it is a body that does not levy taxes but it uses increases in tax revenues in an effort to increase an assessed value of urban renewal areas to pay for project costs; the financing method it uses is one of allocation of tax money. He stated that there is a simple method for forming an Urban Renewal Authority by means of getting 25 electors to sign a petition, a public hearing must be held with proper publication in the newspaper of that hearing, and you have to find that there are one or more blighted areas within the Town. He referred Council to packet page three regarding blight designation. He stated that he has noticed an increase in interest in URAs, due to the tough times we all are experiencing. Blight' Designation has to have four of the areas listed on packet page three for approval of a plan, such as in- adequate street layout, faulty lot layout, unsanitary or unsafe conditions, deterioration of site improvements, unusual topography, in- adequate public improvements, title defects, dangerous conditions due to fire or other causes, unsafe buildings, due to building code violations, in- adequate facilities, existence of factors that require high levels of municipal services, and environmental contamination; it is required to have four of these elements to approve a plan. He explained that an unsafe condition can satisfy two of these factors in the statute because of fire or flood endangerment. In response to an inquiry by Council Member Butler, Benedetti stated that one would not just go in and take the land because an URA has nothing to do with public ownership and referred Town Council to the T.I.F. Chart included in his handout today. Benedetti explained that the base year of total assessed valuation is established and every year after that hopefully there is an increase in assessed value and what is allocated to URA the part between the red line stair steps and the green line. The Assessor then sends out to the tax payers (not imposing extra taxes), they just pay the total assessed value and the money is divided between the taxing bodies and the _URA (the taxing bodies get everything below the red line and the URA gets everything between the red and the green line); and every other year there is an assessment for inflation a proportion increase for taxing bodies to share as one goes along. Benedetti stated that when you form the Authority you don't worry about T.I.F. or the public hearing to approve the plan but once you get to the point of the conditions survey, most urban renewal plans are simple to implement. You can have more stringent design guidelines if you desire and most cities rely upon their codes, ordinances and policies. Make sure that you are following the Comprehensive Plan, regarding what you are going to do about T.I.F. for property taxes because the State has legislation over property taxes and then it is up to the municipality if want.to throw in sales tax increments; "if the municipality is Home Rule you can follow the Statute." Benedetti further explained that an impact study for the county has to be conducted. Aspen Skiing Company Representative Don Schuster inquired if an URA has ever been implemented or applied to a special district, such as a GID or Metro District. In response, Paul Benedetti stated that it can be and it could help pay for public infrastructure. The Town Attorney John Dresser emphasized the timing of how an URA works and stated that one does not necessarily have to do anything with it right away and it is always subject to change at the Legislator; every session has amendments, revisions or repeals introduced, while it is a tool it may not be there for ever. He stated that various districts and counties are not strongly in favor of using this tool for the municipalities. Council Member Butler thanked Paul Benedetti for coming, stated that this information has been extremely helpful from the Town Council's perspective and requested approximately 30 -days for this information to settle. Council consensus requested that staff make a list of options for Council review. TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: AUGUST 2, 2010 COMMUNITY OUTREACH ON BASE VILLAGE Staff has met with the Base Village receiver and discussed options for community outreach. The Receiver is open to actively working with the Town on community outreach including providing meeting space and paying for food for the meeting. The purpose of this initial meeting as proposed is to: 1) Provide an opportunity to have Lowe Enterprises introduce themselves to the community and respond to questions that the community may have regarding the future of Base Village. It should be anticipated that the receiver most likely will not be able to answer specific questions about future development in Base Village since they are acting as the receiver. 2) We can ask the community what they believe are issues that need to be addressed in considering the completion of Base Village. At a public meeting, the community would have a chance to meet with representatives of Lowe Enterprises. The public will receive an informal presentation on what has transpired since Base Village went into receivership; what is Lowe's role for the next 60 -120 days; what this means for business owners and the public at large, etc. Proposed Date and Time: Tuesday, August 17 2010 First session: 9:00 a.m. Second session: 5:00 p.m. Where: Capitol Peak conference room Base Village Logistics: TOSV will be responsible for all promotion and advertising around this event email blasts, website, ads, merchant communication, etc. Lowe Enterprises will be responsible for booking the Capitol Peak room, food /beverages, A/V equipment (if needed), etc. Next Steps: Based on the scoping meeting, the Town should consider creating a focused process to address both technical questions (appropriate retail /residential mix) and areas where additional public input may be needed. Pending Strategic Actions Last Updated July 27, 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 in August. Council Council agreed that staff should develop will 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. In addition, John Wilkinson requested that staff bring back a landmark ordinance for discussion in the future. 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 in August. 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 Land Use Department nexus study and can begin to work with Amendments being the Town on a new housing policy. The prepared and will Planning Commission is also reviewing be presented to PC housing goals as part of the Comp. Plan in August. Council review. Staff will schedule two agenda will review and items based on the input from Council on consider approval October 6 (these could be on the same after PC provides dates) which would be 1) policy discussion recommendation. 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 GID budget options for Base Village with the GID Advisory will be considered Committee and return back to the GID with as part of the options. An update occurred on April 19, budget process for 2010. 2010 that should occur in the September /October time frame. Marianne Purchasing Policy Purchasing policy for locals July 19, 2010 for Locals Marianne Budget Update The last budget update occurred on July As part of the 2011 6 budget presentation in the September /October 2010 time frame. 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 August 16, 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. 5th Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA AUGUST 16, 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: UPDATE ON FORECLOSURE ACTIVITIES AT BASE VILLAGE Time: 5 Minutes) Russell Forrest ...........................Page (TAB Item No. 5: DISCUSSION RESULTS OF CARBON FOOTPRINT DATA ANALYSIS PROJECT (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Receive presentation on the results of Town of Snowmass Village's Carbon Footprint Data Analysis project. Richard Heede, Climate Mitigation Services Item No. 6: FIRST READING OF ORDINANCE NO. 13 SERIES OF 2010 PROPOSED CHANGES TO THE RETT REQUIREMENTS FOR FORECLOSURES (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny First Reading of Ordinance No. 13, Series of 2010 John Dresser Page (TAB Item No. 7: SECOND READING ORDINANCE NO. 15 SERIES OF 2010 CONSIDERATION OF A REVISION OF THE RENEWABLE ENERGY OFFSET PROGRAM (REOP) FEES (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Determine if there should be any changes to the current fee structure. -Mark Kittle ...........................Page (TAB) 08 -16 -10 TC Page 2 of 2 Item No. 8: FIRST READING OF ORDINANCE NO. 13 SERIES OF 2010 ROOF SHINGLES IN SNOWMASS VILLAGE (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny first reading of Ordinance No. 13, Series of 2010 -Mark Kittle ...........................Page (TAB Item No. 9: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Page (TAB Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING July 19, 2010 Page (TAB Item No. 11: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ...........................Page (TAB Item No. 12: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 hours (excluding items 1 -3 and 9 —10) 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.) I A Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 Town Council Meeting 5:00 p.m. 10 8 9 10 11 12 13 14 Community Picnic REC CTR 4:00 7:00 Pm r 15 16 17 18 19 20 21 Town Council EOTC Mtg. Meeting 4:00 p.m. 5:00 p.m. Snowmass Council Chambers 22 23 24 25 26 27 28 29 30 31 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 Town Labor Day Council S$� Meeting 5:00 p.m. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Town Council Meeting 5:00 p.m. 26 27 28 29 30 o c 3 M. (D 0 CL CD (D X Z ta,- 0 a CD l< X 0 0 g. N CL Cow C cn U) CZ 0 Oft (D -1 =r a C V cn D W g E 0 FPO r_ 0.!Z a 0. 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