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09-07-10 Town Council Packets oura 1p SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA TUESDAY, SEPTEMBER 7, 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: RESOLUTION NO. 36, SERIES OF 2010 IN OPPOSITION OF STATEWIDE BALLOT ISSUE AMENDMENT 60 (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 36, Series of 2010 -Russ Forrest ...........................Page 1 (TAB A) Item No. 5: JOINT MEETING WITH MARKETING GROUP SALES AND SPECIAL EVENTS BOARD (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation and provide feedback. -Susan Hamley Marketing Board Page 6 (TAB B) Item No. 6: DISCUSSION BASE VILLAGE CONSTRUCTION MANAGEMENT PLAN (CMP) AMENDMENTS. (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Discuss and provide comments to the Planning Director prior to finalizing the Record of Decision. -Chris Conrad P g 11 AB a e (T C Item No. 7: PUBLIC HEARING AND SECOND READING OF ORDINANCE NO. 13 SERIES OF 2010 -ROOF SHINGLES IN SNOWMASS VILLAGE (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Second Reading of Ordinance No. 13, Series of 2010 -Mark Kittle ...........................Page 28 (TAB D) 09-07-10 TC Page 2 of 2 Item No. 8: MANAGER'S REPORT (Time: 10 minutes) --Russell Forrest ...........................Page 33 (TAB E) Item No. 9: APPROVAL OF MEETING MINUTES FOR: August 2, 2010 Page 35 (TAB F) Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 43 (TAB G) Item No. 11 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 45 (TAB H) Item No. 12: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 and 1 /2 hours (excluding items 1-3 and 10 —12) 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: Russ Forrest DATE: September 7, 2010 SUBJECT: Resolution No. 36, Series of 2010 I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Consideration and approval of Resolution No. 36 opposing the statewide ballot question known as Amendment 60 to the Colorado Constitution and urging Snowmass Village voters to vote against Amendment 60. II. SUMMARY OF PROJECT Amendment 60 will severely compromise municipal governments ability to finance long -term capital projects overtime. III. BACKGROUND The Colorado Municipal League as well as leaders around the state are urging defeat of Amendment 60. IV. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV oppose and urge opposition to Amendment 60? V. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends Town Council approve resolution No. 36. The ballot question language is attached. Ballot Title Setting Board Proposed Initiative 2009 -2010 #12 The title as designated and fixed by the Board is as follows: An amendment to the Colorado constitution concerning government charges on property, and, in connection therewith, allowing petitions in all districts for elections to lower property taxes; specifying requirements for property tax elections; requiring enterprises and authorities to pay property taxes but offsetting the revenues with lower tax rates; prohibiting enterprises and unelected boards from levying fees or taxes on property; setting expiration dates for certain tax rate and revenue increases; requiring school districts to reduce property, tax rates and replacing the revenue with state aid; and eliminating property taxes that exceed the dollar amount included in an approved ballot question, that exceed state property tax laws, policies, and limits existing in 1992 that have been violated, changed, or weakened without state voter approval, or that were not approved by voters without certain ballot language. The ballot title and submission clause as designated and fixed by the Board is as follows: Shall there be an amendment to the Colorado constitution concerning government charges on property, and, in connection therewith, allowing petitions in all districts for elections to lower property taxes; specifying requirements for property tax elections; requiring enterprises and authorities to pay property taxes but offsetting the revenues with lower tax rates; prohibiting enterprises and unelected boards from levying fees or taxes on property; setting expiration dates for certain tax rate and revenue increases; requiring school districts to reduce property tax rates and replacing the revenue with state aid; and eliminating property taxes that exceed the dollar amount included in an approved ballot question, that exceed state property tax laws, policies, and limits existing in 1992 that have been violated, changed, or weakened without state voter approval, or that were not approved by voters without certain ballot language? Hearing May 6, 2009: Single subject approved, staff draft amended, titles set. Hearing adjourned 10 :27 a.m. Unofficially captioned "Property Taxes" by legislative staff for tracking purposes. Such caption is not part of the titles set by the Board. Page I of 1 Be it Enacted by the People of the State of Colorado: Article X, section 20, The Taxpayer's Bill of Rights, is amended to add: (14) Property taxes. Starting in 2011: (a) The state yearly shall audit and enforce, and any person may file suit to enforce, strictest compliance with all property tax requirements of this section. Successful plaintiffs shall always be awarded costs and attorney fees; districts shall receive neither. This voter- approved revenue change supersedes conflicting laws, opinions, and constitutional provisions, 'and shall always be strictly interpreted to favor taxpayers. (b) Electors may vote on property taxes where they own real property. Adapting state law, all districts shall allow petitions to lower property taxes as voter approved revenue changes. Property tax issues shall have November election notices and be separate from debt issues. Property tax bills shall list only property taxes and late charges. Enterprises and authorities shall pay property taxes; lower rates shall offset that revenue. Enterprises and unelected boards shall levy no mandatory fee or tax on property. Future property tax rate increases shall expire within ten years. Extending expiring property taxes is a tax increase. Prior actions to keep excess property tax revenue are expired; future actions are tax increases expiring within four years. Non- college school districts shall jphase out equally. by 2020 half their 2011 rate not paying debt; state aid shall replace that revenue yearly. Nothing here shall limit payment of bonded debt issued before 2011. (c) These property tax increase, extension, and abatement rates after 1992 shall expire: (i) Taxes exceeding state laws, tax policies, or- limits violated, changed, or weakened without state voter approval. Those laws, policies, and limits, including debt limits, are restored. (ii) Taxes exceeding the one annual fixed, final, numerical dollar amount first listed in their tax increase ballot title as stated in (3)(c). (iii) Those rates without voter approval after 1992 of a ballot title as stated in (3)(c). Petition proponents are: Bonnie Solan 399 Juniper Road Black Hawk Colorado 80422 (303) 582 -5458 Louis Schroeder 8901 E. Chenango Ave. Greenwood Village CO 80111 (303) 770 -2128 I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION NO. 36 5 SERIES OF 2010 6 7 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS 8 VILLAGE EXPRESSING OPPOSITION TO THE STATEWIDE BALLOT QUESTION 9 REGARDING PROPOSED AMENDMENT 60 TO THE COLORADO CONSTITUTION 10 11 12 WHEREAS, voters in the State of Colorado will have the opportunity at the 13 November 2 general election to protect the fiscal health of local government by defeating 14 proposed Amendment 60 to the Colorado Constitution; and 15 16 WHEREAS, during this current economic downturn the Town of Snowmass 17 Village has already cut services and budgets dramatically in such areas as 18 transportation services, road funds, recreation services, landscaping, building and 19 planning services, law enforcement services and administration services; and 20 21 WHEREAS, because Amendment 60 allows for non residents who own property 22 to vote on property tax questions which could affect the ability of the community to 23 maintain and protect its institutions such as schools, hospitals, fire departments, libraries 24 and other community facilities and services could be severely compromised by allowing 25 non resident property owners who do not utilize such institutions, to vote on the 26 appropriation of funds to support such institutions; and 27 28 WHEREAS, Amendment 60 directly affects the ability of municipalities to finance 29 long -term capital projects such as transportation facilities and shuttle buses, recreational 30 facilities, parks, affordable housing projects and collectively with the other statewide 31 ballot questions, Amendment 61 and Proposition 101, significantly reduce or otherwise 32 restrict both state and local revenues in a number of different ways including but not 33 limited to: specific ownership taxes, telecommunication taxes, state income taxes, state 34 shared revenues to assist municipalities with local street and transit improvements, other 35 state grants and loans to help local government, and property taxes; and 36 37 WHEREAS, a number of prominent individuals, leaders on both sides of the 38 political spectrum newspapers, and organizations including our own Colorado Municipal 39 League are voicing opposition to these measures as not being in the best interests of 40 Colorado and of local communities; and 41 42 WHEREAS, state law permits the Town Council of the Town of Snowmass 43 Village to put forth this resolution as a statement of opposition to Amendment 60 to the 44 Colorado Constitution; and 45 46 47 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 48 Village, Colorado: 49 50 1. That the Town Council of the Town of Snowmass Village opposes the statewide 51 ballot question known as Amendment 60 to the Colorado Constitution. 52 53 1 TC RESO No. 10 -36 Page 2 of 2 54 55 56 2. That the Town Council of the Town of Snowmass Village urges all citizens of 57 Snowmass Village to vote against Amendment 60 to the Colorado Constitution. 58 59 60 INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass 61 Village, Colorado, on the 7 th day of September, 2010 upon a motion made by Council 62 Member and seconded by Council Member 63 and by a vote of in favor to 64 opposed. 65 66 67 68 TOWN OF SNOWMASS VILLAGE 69 70 71 72 73 Bill Boineau, Mayor 74 75 76 77 78 ATTEST: 79 80 81 82 Rhonda B. Coxon, Town Clerk 83 84 85 86 APPROVED AS TO FORM: 87 88 89 90 John C. Dresser, Jr., Town Attorney MEMORANDUM TO: Snowmass Village Town Council FROM: Marketing, Special Events Group Sales Board and Director Susan Hamley DATE: August 30, 2010 SUBJECT: JOINT MEETING WITH MARKETING, SPECIAL EVENTS GROUP (MSE &GS) BOARD I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Town Council requested a meeting with the Marketing, Special Events, and Group Board before the budget for this area is completed. The purpose of this meeting is to facilitate a discussion between the two bodies. Specially, the following are proposed to be discussed: Provide an overview of 2010 Summer Marketing Events, 2010/2011 Winter Marketing, Group Sales update, and Approach to 2011 Summer Events. Feedback to both the MSE &G Board and staff would be appreciated in completing the budget process in this area. II. BACKGROUND Council requested a review of marketing and special event programs prior to the October Budget meeting presentation. Attached is a calendar of 2010 summer events. Additional information, including the most current MTrip Winter Occupancy and Group Sales Production will be depicted in a Power Point presentation during the meeting. Representatives from the MSE &GS Board will be present for discussion with Council. III. ACTION REQUESTED OF COUNCIL Participate in the discussion to understand MSE &GS Board and Staff direction approach and to provide feedback. E A 3 a Q V co c Y 0 0 CA u� LL a cn l0 ai N N CL v� E IL m M 3 C' D emu o 0� r�.. -X (D 0 (A 31 W LL Qom. Ln iO as N a. W L Z w�� O C: W. Q U) Y.- LL N z O� ri N C (J) W O o w x r ei ai N Q H W t LLI 3 C CA N O Q Ln LLJ H 00 e N N Q O Z O I� N N v co N o o u wt M OC p p U) G GU 1 00 {n Q 4 ^1 c Q Z VI C �f0 Q a C t N G 7 GJ r� OC VL Q Q O W L a QQ W a o U) �f' N F�1 z �m O 0 U rh a 3 a O M O0 0 ti N Q M S IN Q L J 0 O O O OC O d ..J c w N O1 e N M N Auk Ads;& dt r-0 k F M r-I 00 N N U} W eq iI 2 R� W v of t iJt 3 N a 0 W F- M O I� Q Z O Ln `c N v-4 00 i N N t� v v LL U A rt) N N th L I� G W as Q L ui ui LU N N y to li Z v 00 Ln N Q 0 W H M 0 N v1 M Q D Z O N Ol a�i N M 0 O N y Q N r� a N j N __T�m C7 N w o V) N O LL O 3 Q Z H m V Y OF �-I N Ln O �L Q 2 W N Co 4k n a� O' CW W 0 H a a o o W L N o o N Q1 r�-I N M tam Z O W 3 N Cie `i 0 N N Q W N N N O Z O N r4 N N MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG. DATE: September 7, 2009 SUBJECT: DISCUSSION BASE VILLAGE CONSTRUCTION MANAGEMENT PLAN (CMP) AMENDMENTS. APPLICANT: Destination Snowmass Services, Inc. in its capacity as Receiver pursuant to Court Order issued in Hypo Real Estate Capital Corporation v. Base Village Owner, LLC PLANNER: Chris Conrad, Planning Director I. PURPOSE AND ACTION REQUESTED OF COUNCIL: This meeting is for purpose of reviewing the application, pursuant to Municipal Code Section 16A -5 -250, Administrative modifications, for the proposed 2010 Base Village CMP amendments. The action requested of the Town Council would be to provide comments and recommendations to the Planning Director for consideration prior to finalizing the attached DRAFT Record of Decision "ROD (See Attachment 1). II. SUMMARY OF DESCRIPTION OF PROJECT. Destination Snowmass Services, Inc. submitted this administrative modification application on August 27, 2010 to amend the 2009 Base Village Construction Management Plan "CMP in order to secure and improve the visual character and appearance of the incomplete construction improvements within Base Village until such time as permanent improvements can be initiated in accordance with the 2009 Base Village CMP as set forth in Record of Decision #33. The administrative changes being proposed by this administrative modification are more fully described in the application notebook dated August 27, 2010 that has been placed in your council box. The proposal description is included as Exhibit "A" of the Record of Decision. Please note that a CD containing digital files of the application has been included with each notebook and that a copy of the application is available for public viewing at the Planning Department. 1 III. BACKGROUND The Application principally involves: 1. Two (2) options for improving the visual appearance of Building 8. Option #1 proposes a Hardy Board fapade painted to look like the elevations shown on Attachments B.1 -B.7 of the Application. Option #2 involves placing Hardy Board on the ground level and applying new plastic or fabric building wrap to the upper levels. Both options call for split rail fencing and landscaping in front of the building. 2. Overall site cleanup of Base Village. 3. Improvements to the Wood Road fire lane access road to the Base Village plaza. The proposal involves constructing a gate to restrict non emergency vehicles while enabling access for pedestrians and electric carts from the Viceroy Hotel. 4. Removal of the Jersey Barricades along Wood Road and replacing them with "Buck and Rail" fencing. 5. Provide a private vehicle /courtesy van drop -off area within Lot C. 6. Utilize the existing fenced "construction trailer" yard in Lot 7 (Building 12 site adjacent to the Viceroy Hotel) for temporary storage of construction material removed from the rest of Base Village. 7. Store, stage or lay down non combustible material within portions of the parking garage and on the plaza level adjacent to Building 8. 8. Allow construction workers (up to 35 vehicles) to park in Lot C until prior to commencement of the ski season. The Applicant wishes to commence immediately following the Town Council's approval and with the goal of mobilization of the contractor on September 8, 2010. The targeted completion of the work would be mid November, 2010, (subject to required building permits). IV. APPLICABLE REGULATIONS Municipal Code review criteria, which regulate the review and approval of Administrative Modification applications are included in Section 16A -5 -250. The applicable review standards by which the Planning Director will consider the proposed modifications are: 1. The modifications are consistent with the original provisions of the Base Village PUD and Ordinance 21; and 2. They are consistent with the original provisions of this PUD Guide and the Ordinance; and 2 3. They do not have a substantially adverse effect on the neighborhood surrounding the affected Lot or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from such Lot; and 4. The modifications would not change the basic character of the Project or surrounding areas; and 5. The proposed modifications comply with all applicable standards and provisions of the Municipal Code, including: a. That the proposed modification is a result of circumstances that could not have been reasonably anticipated by the Applicant prior to or during the original approval process; and b. Any adverse impacts on surrounding properties from the proposed modification shall be insubstantial. V. DISCUSSION ITEMS: Please review the attached Record of Decision which contains background information, findings and preliminary determination with conditions. You should note that the request to permit the electric carts to utilize the fire lane has presently been denied and that lay down and staging of material at the plaza level will likely not be permitted until sufficient information is provided to support allowing that to occur. VI. NEXT STEPS Provide comments and recommendations to the Planning Director to assist his finalizing of the Record of Decision for the administrative modification application, as may be amended at the meeting; or table the item to the next meeting to review supplemental information, as may be desired by the Council in reviewing the application. Within ten (10) days after the Planning Director's final determination and completion of the Record of Decision, the Applicant 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. Attachments: Draft Record of Decision. Separate Handouts: 2010 Amended Base Village Construction Management Plan (CMP) dated August 27, 2010 3 DRAFT Record of Decision DRAFT FOR DISCUSSION PURPOSES ONLY Planning Director Administrative Modification #37 2010 Amendment to the Base Village Construction Management Plan The Applicant, Destination Snowmass Services, Inc. "Applicant') in its capacity as Receiver pursuant to Court Order issued in Hypo Real Estate Capital Corporation v. Base Village Owner, LLC, applied on August 27, 2010 for amendments to the Base Village Construction Management Plan (CMP) Pursuant to the final approvals for Base Village, a "Planning Director Administrative Modification" is allowed pursuant to the review criteria and standards established in the Final PUD Guide of Ordinance No. 21, Series of 2004 "Ordinance 21 regarding the approval of the Base Village Final PUD (the "Project'), and pursuant to the Town of Snowmass Village Municipal Code "Municipal Code Section 16A -5 -250, Administrative Modifications The proposal is primarily for the purpose of amending the 2009 CMP to secure and improve the visual character and appearance of the incomplete construction improvements within Base Village until such time as permanent improvements can be initiated in accordance with the 2009 Base Village CMP as set forth in Record of Decision #33. The administrative changes being the subject of this current Administrative Modification are more fully described in the application notebook dated August 27, 2010 "Application The proposal description is included as Exhibit "A attached hereto and incorporated herein. The application was presented to the Town Council on September 7, 2010 in order to receive comments prior to completion of this Record of Decision. Their comments have been incorporated within this document. Section One Findings. After review and consideration of the application, the Town Planning Director has found the requested changes to be generally consistent with the applicable review standards and with the previously approved Final PUD, except as noted below. Specifically, it was found that: 1. Building 8 Facade. The Applicant has proposed two (2) options to improve the visual appearance of Building 8. Option #1 proposes a Hardy Board facade painted to look like the elevations shown on Attachments B.1 -B.7 of the Application. Option #2 is proposed should Option #1 be determined by the Applicant to not be economically feasible and involves placing Hardy Board on the ground level and applying new plastic or fabric building wrap similar to what exists currently but more "positively adhered to the structure to the upper levels. While either option would be an improvement of the existing condition, the Applicant is requesting approval for two (2) years or until such time as the construction recommences, whichever occurs first. Option #2 warrants the expectation of a Planning Director Adm. Mod. Record of Decision No. 37 2010 Base Village CMP Amdts. Page 2 of 6 commitment from the Applicant to properly maintain the building facade until such time as construction recommences on Building 8, whenever that may occur. Certainly a condition requiring maintenance during the term of this approval is appropriate. Authorization for the Applicant, successors or assigns, to proceed with either Option #1 or #2 is granted subject to the conditions contained in Section Three below. 2. Building 8 Storage, Fencing and Landscaping. Storage of non combustible material within the ground level of the building, placement of fencing and the landscaping, as described and /or shown within the Application, is granted subject to the conditions contained in Section Three below. 3. Emergency Services Road. The Applicant is requesting authorization to utilize the Wood Road Fire Lane access to the Base Village Plaza for emergency access, as a pedestrian walkway and to be utilized by the Viceroy Hotel for their electric carts. They have proposed to install a gate at the entrance from Wood Road (see Attachment D of the Application) containing a key lock box with chain attachment to secure the gate for emergency response vehicles. A six (6) foot separation exists between the two hinged gates to enable pedestrians and Viceroy carts to enter onto the fire lane to access the Base Village Plaza. Ordinance 21, Series of 2004 "Ordinance 21 which approved the Base Village Final PUD, required that a Fire Lane easement, including the subject fire lane, be provided to provide unimpeded access to the fire district for emergency response. It does, however, reserves the right for the Declarant to use the easement areas for any purpose that does not unreasonably interfere with the use of the fire easement. Condition 4d.(iii) of Ordinance 21 states: d. All fire access lanes and roads will be: (iii) constructed of an impervious surface that is snowmelted to maintain adequate all- weather driving capabilities, including those areas designated on the Fire Access Plan, Sheet C -12, dated September 15, 2004 and the Site Plan, sheet C -2, dated September 15, 2004. Condition 6c. of Ordinance 21 states: c. removable bollards along the west side of Wood Road next to the plaza area located between Buildings IOAB and 11 to prevent other than emergency vehicles, from entering onto, exiting from or crossing Wood Road, prior to the Applicant applying for an initial building permit; and The Wood Road fire lane access has not been required to be snow melted nor has installation of the bollards been required as it has not been needed for emergency response to date. A gate was installed proximate to the fire lane ski -under bridge after it was constructed to restrict vehicle access onto the plaza. Any use of the fire lane for other than emergency vehicles was not intended by Ordinance 21. The use of the fire lane for pedestrian access to the plaza is approved as 2 Planning Director Adm. Mod. Record of Decision No. 37 2010 Base Village CMP Amdts. Page 3 of 6 it would not unreasonably interfere with the use of the fire easement. The use of the fire lane for other than emergency vehicles is not approved for the following reasons: a. The use of the fire lane for other than emergency vehicles is not generally consistent with the provisions of the PUD; b. Sight distance has not been shown to be adequate for crossing Wood Road from the fire lane to the Viceroy driveway with electric carts, particularly under poor winter roadway conditions; c. The Base Village Parking Management Plan specified that no vehicles were permitted on the plaza level with the exception of emergency vehicles and the carts authorized to transport luggage and guests from the Building 7 Arrival Center to their accommodations; and d. Authorization for vehicle access other than pursuant to the Parking Management Plan would change the basic character of the project and surrounding area. 4. Buck and Rail Fencing. The replacement of Jersey Barricades along Wood Road with wood fencing represents a definite visual improvement and is hereby authorized; however, Attachment C of the Application shows both two (2) rail and three (3) rail designs and indicates they are concept diagrams only. Approval is subject to the condition contained in Section Three below. 5. Lot C Drop -off Area. It is currently the intention of the Aspen Skiing Company to operate Lot C for parking 120 vehicles during the holidays and weekends only. Attachment A of the Application shows 120 vehicle spaces and provides for a courtesy van drop -off. This drop -off will enable guests (including those from the Viceroy) to be delivered to an area that would be a short walk on near level ground to access the Base Village plaza. Conditional approval is granted subject to the conditions contained in Section Three below. 6. Lot 7 Storage Area. Due to the Applicant's desire to clean up and improve the visual image of the Base Village area prior to commencement of ski season, it is reasonable to consider allowing a temporary storage area for material that cannot be expeditiously sold or removed. There is concern that this storage yard may not be able to be cleaned up, restored and the fencing removed within the proposed two (2) year time frame. Permitting Lot 7 to remain as a repository for material storage not directly needed for on- going construction for an unknown period of time would have a substantially adverse effect on the neighborhood surrounding the lot. The original approval for the fenced area occurred in 2006 as a site for the location of construction trailers. With the reduction in the number of trailers on -site, the area became a material storage yard for the construction of Buildings 8 and 13A (Viceroy). Conditional approval is granted subject to the conditions contained in Section Three below. 7. Lay Down and Staging. The Application is not specific as to whether the lay down and staging is for materials required for Building 8 only. Authorization to utilize Parking 3 Planning Director Adm. Mod. Record of Decision No. 37 2010 Base Village CMP Amdts. Page 4 of 6 Levels P1, P2 and P3 would be subject to authorization by the Chief Building Official and Fire Marshal. Insufficient information has been provided to justify the need to place material on the plaza level at this time. Conditional approval is granted subject to the conditions contained in Section Three below. 8. Parking. Related WestPac had been given approval in the past for limited construction vehicle parking within Base Village. The Applicant requests approval within Lot C until commencement of the ski season only. Approved. Section Two Decision. With the exception of the request to utilize the Wood Road fire lane to enable electric carts to access the Base Village plaza and to lay down or store material on the plaza level, the 2010 CMP Modification, as generally described above, in Exhibit "A" and in more detail within the application notebook dated August 27, 2010 is hereby granted on this day of September, 2010, subject to the following conditions: Section Three Conditions of Approval. The approval granted within Section Two above shall be subject to the following conditions: 1. Except as specified below, the authorization granted shall be for two (2) years from the date of approval or until such time as construction recommences within Base Village, whichever occurs first. 2. Should Option #2 be the temporary fagade on Building 8, the Applicant, successors or assigns shall properly maintain the plastic or cloth material covering the upper levels of the building facade during the two (2) year term of this approval or until such time as construction recommences on Building 8, whichever may occur first. 3. Landscaping in front of Building 8 shall involve a minimum of native grass, four (4) 12' 14' Blue Spruce and eight (8) 4" caliper Aspen as shown on Attachment A. Temporary irrigation shall be in place and the landscaping warranty from maintenance or replacement of dying trees shall be for the term of this approval or until their removal is necessary due to recommencement of Building 8 construction. 4. The fire lane gate location and design shall be reviewed and approved by the Fire Marshal prior to installation and its installation shall occur prior to commencement of the 2010/2011 ski season. It shall be constructed and located in a manner that will not permit vehicular access except for emergency vehicles. Pedestrian access is authorized. 5. A sign shall be installed, at a location adjacent to and visible from Wood Road and being of a size and design approved by the Town Public Works Department and Fire Marshal, identifying that the fire lane access is for pedestrian and emergency vehicle use only. 6. The Applicant shall submit a final Buck and Rail fence design for review and approval by the Planning Director prior to installation. The fence shall be located outside of the Wood Road right -of -way and at least ten (10) feet from the road surface edge unless authorized by the Town Public Works Director. 7. All lighting shall comply with Chapter 18, Article XIII (Outdoor Lighting) and be reviewed for approval by the Town Chief Building Official prior to installation. 4 Planning Director Adm. Mod. Record of Decision No. 37 2010 Base Village CMP Amdts. Page 5 of 6 8. No material may be placed within Building 8, on the plaza level or within the parking garage without prior approval of the Town Chief Building Official and Fire Marshal. 9. Additional information will be required concerning the walkway "bridge" from the Lot C drop -off to the fire lane for review and approval of the Town Chief Building Official and Planning Director prior to installation. 10. Tracking of soil onto Town roadways shall be minimized and the roadways shall be kept clean of dirt and debris created as a result of activities associated with this modification approval. 11. All necessary permits shall be obtained and a construction management plan will need to be submitted for work associated with Building 8 as required by Chapter 18 of the Municipal Code. 12. Record of Decision No. 12 "ROD 12 approved on October 10, 2006, granted approval of a construction trailer site within Lot 7 (Building 12). The material storage area authorized by this Record of Decision shall be limited within the lot to the area authorized by ROD 12, as shown on Exhibit "B or as the fence perimeter currently exists, whichever is more restrictive. 13. The Applicant will maintain an eight (8) foot screened mesh construction fencing and access gate around the perimeter of the Lot 7 temporary storage site. 14. Lot 7 material storage shall not exceed a maximum height of twelve (12) feet or extend above the horizontal plane projection of proximate fencing without written authorization of the Planning Director. 15. The Applicant shall submit to the Planning Director a site restoration plan including clean -up and material removal schedule for the Lot 7 storage yard by no later than June 1, 2012 outlining the means and methods by which all material will be removed and area restored within two (2) years of the Record of Decision approval. 16. The Lot 7 storage yard will be monitored quarterly by the Planning Director to ensure that reasonable efforts are being made to screen materials and equipment from view of neighboring properties and public rights -of -way. 17. The lay down or storage of material on the plaza level, as shown on Attachment G3 of the Application, may be administratively approved by the Planning Director provided a sufficient demonstration of need is provided by the Applicant. 18. Authorization to utilize Parking Levels P1, P2 and P3 or the plaza level for the lay down or storage of material will also be subject to authorization by the Chief Building Official and Fire Marshal. 19. Issues may arise or problems may occur during the term of this Record of Decision that could not have been reasonably anticipated, were not apparent at the time this Record of Decision was issued or were not sufficiently addressed within the Application. The 5 Planning Director Adm. Mod. Record of Decision No. 37 2010 Base Village CMP Amdts. Page 6 of 6 Planning Director shall have the authority to amend this Administrative Modification as reasonably necessary to resolve the issue or problem. The Applicant may then agree with the Planning Director's decision or appeal to the Town Council for final determination. Said appeal shall be submitted in writing to the Planning Department within forty -eight (48) hours of the director's decision. 20. This approval is subject to the recording of this document, at the Applicant's expense, in the Real Estate Records of the Clerk and Recorder of Pitkin County, Colorado. Some documents referenced in Exhibits "A" and "B" are colored exhibits and shall be retained for review in the records of the Town Clerk's office. A color copy will also be on file with the Town's Planning Department. 21. Within ten (10) days after the Planning Director's determination set forth in this Record of Decision, the Applicant 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. 22. This Record of Decision is based on the application for Administrative Modification, and the supporting documents thereto, submitted by the Applicant to the Town of Snowmass Village Planning Director as of the date of this Decision, including the plans and supporting documents of the Base Village application that was approved by the Town Council of Snowmass Village by Ordinance 21 and the authority vested in the Planning Director thereby. This Record of Decision pertains only to the subject matter contained in it and supersedes all prior and contemporaneous approvals, representations, and understandings of the parties. No supplement, modification, or amendment of this Decision shall be binding unless executed by the Planning Director. No waiver of any of the provisions of this Decision shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed by the Planning Director. Section Four: PUD Enforcement. The terms and conditions of this Record of Decision are enforceable by the Town without restriction in accordance with the provisions of Section 16A -5- 380(a) of the Municipal Code. Chris C. Conrad, Planning Director 6 Exhibit "A" Record of Decision 37 (Page 1 of 7) Snowmass Base Village Administrative Modification of Base Village Construction Management Plan August 2010 SECTION 1 APPLICATION AND REVIEW STANDARDS 1.1 Introduction Background On October 18, 2004, the Town Council of the Town of Snowmass Village passed Ordinance No. 21, Series of 2004 (the ".PUD Ordinance The PUD Ordinance was for the development of properties known as Base Village, Fanny Hill and Sinclair Meadows. The PUD Ordinance was recorded in the Official Records of the Pitkin County Clerk and Recorder on February 2, 2006 at Reception No. 520481 along with the Base Village PUD Final Plat which was recorded in Book 77, Page 30, Reception No. 520483 of the Pitkin County Records. By submission of this Application for an administrative modification, Destination Snowmass Services, Inc. (the "Applicant in its capacity as Receiver pursuant to the Court Order issued in Hypo Real Estate Capital Corporation v. Base Village Owner, LLC (Pitkin County District Court, 9 JD, Case No. 10CV249), requests approval to modify the Base Village Construction Management Plan as follows. 1.2 Section 16A -5 -250 (9) Administrative Amendments (1) Name, Address, Telephone Number Destination Snowmass Services, Inc. PO Box 5800 Snowmass Village, CO 81615 (970) 923 -8588 ,(2) Legal Description BASE VILLAGE PUD, SNOWMASS VILLAGE, COLORADO, AS SHOWN ON THE BASE VILLAGE PUD FINAL PLAT RECORDED FEBRUARY 2, 2006, IN BOOK 77, PAGE 30, AT RECEPTION NO. 520483 OF THE PITKIN COUNTY, COLORADO RECORDS, LOTS 3, 4, 5, 6, 7. (3) Disclosure of Property Destination Snowmass Services, Inc. in its capacity as Receiver pursuant to Court Order issued in Hypo Real Estate Capital Corporation v. Base Village Owner, LLC (Pitkin County District Court, 9 JD, Case No. 10CV249) L-,& I I I AJ l l P% Record of Decision 37 (Page 2 of 7) Administrative Modification of Base Village Construction Management Plan August 2010 (4) Description Applicant hereby requests an amendment to the 2009 Construction Management Plan, as approved by Record of Decision #33, in order to allow the following aesthetic and protective measures (the "Work to be implemented to the existing stalled construction areas within the Base Village development project. More specifically, the work would be completed to secure and improve the visual character /appearance of the incomplete construction improvements until such time as permanent improvements can be initiated. The Work is anticipated to commence immediately following the Town Council's approval and with the goal of mobilization of the contractor on September 8, 2010. The targeted completion of the Work would be mid November, 2010, (subject to required building permits). In addition, Applicant would like to gain approval to keep the temporary measures in place for a 24 month period or until such time as the construction recommences. Building wrap on Building 8 and Site Cleanup a) Option #1 (subject to costs to complete this work within budget) Hardy board facade combined with some exposed existing concrete walls on the exposed sides of the structure. All parts will get painted to look like the elevations enclosed as referenced on Attachments 13.1 -13.7. The color palate is intended to be similar to that of Interim Building 7 for continuity and aesthetic purposes. There will be one access door at each level within the garage for maintenance and emergency purposes only. As the building is unoccupied, it is contemplated not to have any fire sprinkler or mechanical systems installed. The improvements will allow for the building to be secured with authorized entry only. b) Option #2 (assuming Option #1 is not economically feasible) Plastic /fabric building wrap that is similar to what exists currently, although it will be positively adhered to the structure and of a material approved by the Fire Marshall. c) The lower level will be framed and sided as shown in Option #1 with non combustible materials for security purposes with an upgraded plastic /fabric building wrap on the upper floors. d) In both cases Applicant intends to paint and not cap the exposed rebar above the top slab. EXhibit i4 17 Record of Decision 37 (Page 3 of 7) Administrative Modification of Base Village Construction Management Plan August 2010 e) Applicant is also requesting the use of the on -grade floor level as a storage area for Building 8 non combustible construction materials that could be used for the future completion of the building. f) Applicant intends to complete the landscape areas directly in front of the building along Wood Road and the garage entrance road in a similar manner to that of Interim Building 7, including a split rail fence to reasonably restrict access to the site. The landscape improvements will be temporary until the construction of the building is recommenced. Emergency Services Road J Pedestrian Walkway to and from the Vicerov Temporary improvements of the Emergency Services Road, which provides a connection from Wood Road to Base Village in order to accommodate access by emergency vehicles, pedestrians and Viceroy electric carts. See Attachment A Site Plan. a) For protection along the Plaza area roadway between Building 7 and the Ski Back Trail Bridge, and in order to cordon off the uncompleted construction areas, the Applicant plans for wood framed painted plywood 8' tall fencing. b) To delineate the roadway from the property areas reasonably preventing unauthorized access, the Applicant plans for Buck and rail fencing along the roadway. See Attachment C for description. c) Applicant will provide a locked gate that allows pedestrian and electric cart access to the emergency services road at Wood Road. A Knox Box with key will be provided for Fire Department and snowplow access. See Attachment D for gate description. It is our intent to allow fully licensed electric carts to travel along the emergency services road to improve the guest experience, reduce automobile traffic, and to minimize parking impacts. See Attachment E, Letter from Viceroy. d) Applicant requests the removal of the gate at Building 7, and will provide a sloped transition from the existing pavers to the existing concrete slab. e) The temporary roadway area will not have snowmelt; however, it will be plowed as necessary to maintain electric cart, emergency vehicle, and pedestrian access. Applicant will provide contact information for who maintains the roadway. f) Applicant will provide low level lighting similar to what is currently installed, mounted to the plywood fencing where it Exhibit "A" Record of Decision 37 (Page 4 of 7) Administrative Modification of Base Village Construction Management Plan August 2010 exists and poll mounted where it does not. See Attachment F for picture. Private Vehicles /-Courtesy Van Alternative Drop Off Area at Lot 6 (parking lot CJ a) Applicant proposes to provide for private shuttle pick -up and drop -off within Lot 6 (parking Lot C) for use seven days a week. Applicant will provide jersey barriers and removable chains to close off parking consistent with Aspen Ski Company operations plan. The Lot C parking plan maintains a minimum of 120 parking spaces. See Attachment A, for parking layout and drop -off location. b) The Lot C plan should relieve congestion of drop -off traffic at the Treehouse. c) Applicant will provide footpath access to the Emergency Services Road for pedestrian access to Base Village Plaza. d) Applicant will provide additional lighting at the stairway to Ski Back Trail from Lot C. Clean Up and Protection of Adjacent Construction Areas a) Applicant requests approval to allow for the storage of construction materials within the existing fenced area of Lot 7 above Building 13B, and for temporary Use to stage and store existing unused construction materials (i.e. Jersey Barriers, chain link fencing, scaffolding, wood shoring, steel connections, misc. construction materials, etc.). Material storage will be limited in height to the height of the existing fence. b) Install new buck and rail and split rail fencing in designated areas per Attachment A, Site Plan. e) Applicant intends to remove and dispose of construction debris. f) Applicant intends to remove some areas of the existing construction fencing with replacement of a buck and rail wood fence as reflected in Attachment A. Lay Down, Staging, and Temporary Construction Parking Applicant intends to comply with the existing CMP with regard to Construction Hours, Construction Traffic Management on Town Roads, Public Access Closure Notification, and Storm Water Management and Erosion Control with the following proposed modifications: E;A111pli A Record of Decision 37 (Page 5 of 7) Administrative Modification of Base Village Construction Management Plan August 2010 a) Lay down and construction staging (for non combustible construction materials and fencing) to be located on garage levels P1, P2, P3, and the Plaza deck adjacent to Building 8. No construction or assembly will be permitted in these areas. See Attachment G1. -G.3 b) Applicant requests construction vehicle access through the existing construction fencing gates off of Wood Road, in order to service the area on the north side of Building 8. See Attachment G- 1. c) Up to 35 construction workers will park in Lot C until the beginning of the ski season or completion of the construction project; whichever comes first. d) Shuttling of construction workers is not anticipated. Schedule Milestones: TC Approval September 7, 2010 Contractor Mobilization September 8, 2010 Construction Period September 8 thru November 18, 2010 Completion November 19 2010 Exhibit "q" Q Record of Decision 37 (Page 6 of 7) f D W CO Jw 3t, Exhibit "A" Record of Decision 37 (Page 7 of 7) C Q o Q) V C) CL 1 w w 00 U LJ O a W Q CO LLJ m o A o W Lj x w z U \S t A C01 I 4 w Koh ,z w f o o a w t Exhhbjt`«B;�` Record (Page o of Decision 37 UJ l m:c. LI f Lu 5 Q w° p W emv e CL CL g 1r i w r T t 1\ a •i o C dSG'S s �z MEMORANDUM TO: Snowmass Village Town Council FROM: Mark Kittle, Chief Building Official DATE: September 7, 2010 SUBJECT: Proposed Ordinance 13, Series of 2010 Banning Wood Shingles for Roof Coverings within the Town Limits I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: To review Ordinance 13, Series of 2010 and; 1. Approve at second reading 2. Public hearing. 3. Modify 4. Deny. II. SUMMARY OF DESCRIPTION PROJECT (MAY ONLY APPLY TO DEVELOPMENT APPLICATIONS). Not Applicable III. BACKGROUND On December 7, 2009 the Town Council requested that the Building Department draft an ordinance banning the use of wood shakes and shingles used for roof coverings with the limits of the Town of Snowmass Village. IV. APPLICABLE REGULATIONS (If it is a topic that relates to a regulation) Article III, Section 18 -42 Town of Snowmass Village Municipal Code Article XII, Section 18 -242 Town of Snowmass Village Municipal Code V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATION Ordinance 13, Series of 2010 VI. OTHER HEADINGS RELATED TO THE TOPIC None VII. STAFF RECOMMENDATIONS AND FINDINGS This ordinance would lessen the impact of structure fires within the Town, would decrease the risk of fires spreading to neighboring properties and possibly lower the insurance premiums on insured properties that replace wood shakes or shingles presently installed on their roof assemblies. Staff recommends approval. VIII. NEXT STEPS Approve at second reading 1 2 TOWN OF SNOWMASS VILLAGE 3 TOWN COUNCIL 4 5 ORDINANCE NO. 13 6 SERIES OF 2010 7 8 9 AN ORDINANCE TO AMEND CHAPTER 18 OF THE TOWN OF SNOWMASS 10 VILLAGE MUNICIPAL CODE TO REQUIRE CLASS A ROOF ASSEMBLIES 11 ON ALL NEW CONSTRUCTION AND RE -ROOFS GREATER THAN 50% OF 12 THE EXISTING ROOF AREA REGARDLESS OF� TYPE OR 13 TYPE OF CONSTRUCTION. 14 15 WHEREAS, the Town of Snowmass Village has the' authority to implement regulations 16 for new and existing construction within the limits 'of the Town, and 17 18 WHEREAS, wood roofs are one of the most siginx ficarif °factors in the, ignitability of 19 homes. The ignitability of homes is an important factoar;in the spread of wildfires to other 20 homes, and 21 Lj 22 WHEREAS, wood roofing is problematic and can cause ember throw for 23 more than a quarter mile. When wood shake `roofs burn they can send large burning 24 embers well behind established fire lines, And:; 25 26 WHEREAS, replacement of wood roofs is am important factor in reducing the potential 27 for catastrophic fires that,result it loss of life and,millions of dollars of property loss, and 28 29 WHEREAS -the Building'Code Board �of Appeals of Snowmass Village has reviewed, 30 modified and approved the changes contained herein, and 31 32 WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for 33 the immediate preservation of the public health, safety and welfare. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE 36 TOWN OF SNOWMASS VILLAGE, as follows: 37 38 Section One Amendments to Chapter 18. The provisions of Chapter 18 of the 39 Municipal Code are hereby amended and restated as follows: 40 41 Article III Building Code 42 43 Section 18 -42 Amendments 44 5 18- 42(q) Sec -tie• n 1519.4-1- RPapphcatien of waad sha or shi i s a dd e d t o 46 read fo 47 48 "1510.4.1 n of wood shakes of shingles. in all oeeupaney 49 groups, p ;eat on-of wood -shakes -or- shingles, over- existing n g 50 under -Ia3ent, in good eonditio.zZ- shall be-done with Glass 51 wood shake or 52 53 Emeeptien-: The oeeasi-enal r-eplaeement of individual shakes or- shingles 54 that have r.o,, a.,,.,,., „r broken 55 56 TABLE Br E 1505 1 57 MINIMUM ROOF (''flA7RRW6 G A SSIFI C A TT'!0 N 58 FOR TYPES OF (''ONSTRUCTIQN y —4A —1B HA 11B -4IIA -I44 --I A --V1 59 60 TABLE 1505.1 61 MINIMUM ROOF COVERING' OVERINGCLASSIFICATION 62 FOR TYPES OF CONSTRUCTION IA IB IIA IIB IIIA IIIB IV VA VB A A A A A A A A A 63 (Delete; footnotes a, b, c) 64 65 66 1505.3 Class B roof assemblies (Delete in ;its entirety) 67 68 1505.4 Class Groof assemblies. (Delete in its entirety) 69 70 1505.5 Nonclassified roofing. (Delete in its entirety) 71 72 1505:6 .Fire retardant- treated wood shingles and shakes. (Delete in its 73 entirety) 74 75 1505.7 Special purpose roofs. (Delete in its entirety) 76 77 1507.8 Wood shingles. (Delete in its entirety) 78 79 15079.°Wood shakes. (Delete in its entirety) 80 81 1510.4.1 Reapplication of wood shakes or shingles. In all occupancy 82 groups, reapplication of wood shakes or shingles over existing 83 underlayment, in good condition, shall be done with a minimum Class G- 84 wood shake o shingl Class A roof covering. 85 86 Exception 1: The occasional replacement of individual shakes or shingles 87 that have become damaged or broken up to and including 100 square feet. 88 89 Exception 2: For existing roofs; a one -time exemption is allowed to 90 replace up to 50% of the existing roof covering to match existing roof. 91 This one -time exemption runs with the life of the property and not the 92 owner. If more than 50% of the roof is to be replaced, the new roof shall 93 conform to this Section. 94 95 96 97 Article XII Residential Building Code 98 99 Section 18 -242 Amendments 100 101 Section R902 Roof Classification 102 103 R902.1 Roofing covering materials. (De,lete'in its entirety),, 104 105 R902.2 Fire retardant- treated shingles and,shakes. (Deletein its entirety) 106 107 (NEW) R902.1 Roofing covering materials., °All structures regulated'by this code 108 shall have a Class A roof covering as required by this section to be listed 109 and tested in accordance with UL 790 or'ASTM E 108, Class A roof 110 assemblies include those'With coverings of bi ek, masonry, ferrous or 111 copper shingles or sheets M661� and shingles, clay or concrete roof 112 tile, or slate installed on noncombustible decks. 113 114 (NEW) R902.2 Exemptions from Class A roofing requirements. The following 115 applications are exempt from the Class A roofing requirements contained 116 herein: 117 1. Greenhouses, patio covers, temporary fabric membrane 118 structures, residential car covers and awnings. 119 120 2: Repair or replacement of up to 100 square feet of existing roof 121 covering. 122 123 3. For, 'existing roofs; a one -time exemption is allowed to replace 124 up to 50% of the existing roof covering to match existing roof. 125 This one -time exemption runs with the life of the property and not 126 the owner. If more than 50% of the roof is to be replaced, the new 127 roof shall conform to this Section. 128 129 R905.7 Wood shingles. (Delete in its entirety) 130 131 R905.8 Wood shakes. (Delete in its entirety) 132 133 134 Section Two Effective Date. This Ordinance shall become effective on October 1, 135 2010. 136 137 Section Three Severability. If any provision of this Ordinance or application 138 hereof to any person or circumstance is held invalid, the invalidity shall not affect any 139 other provision or application of this Ordinance which can be given effect without the 140 invalid provision or application, and, to this end, the provisions of this Ordinance are 141 severable. 142 143 READ, APPROVED AND ADOPTED by the Town Council of the 144 Town of Snowmass Village at First Reading on August 16, 2010 upon a motion by 145 Council Member Mordkin, the second of Council Member Butler,; and upon a vote of 4 in 146 favor and 0 opposed. Council Member Wilkinson was absent. 147 148 READ, APPROVED AND ADOPTED, bythe�Town Council of the 149 Town of Snowmass Village at Second Reading on upon a motion 150 by Council Member the second of Council 151 Member and upon a vote:of y in favor and o pposed. 152 153 TOWN OF SNOWMASS VILLAGE 154 155 156 157 158 Bill Boineau, Mayor 159 160 ATTEST: 161 162 163 164 Rhonda Coxon, Town 165 166 167 APPROVED AS,TO FORM: 168 169 170 171 John Dresser, Town Attorney TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: SEPTEMBER 7, 2010 COMMUNITY OUTREACH ON BASE VILLAGE A public meeting occurred on August 17 2010 to introduce Lowe Enterprises and to discuss next steps with Base Village. The meeting at 9:00 was attended by approximately 90 people and the 5:30 meeting by 25 people. Comments and questions both focused on the next steps related to the foreclosure process and thoughts and considerations related to the future of Base Village. Pending Strategic Actions Last Updated August 31, 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 were demolition of a building occurred. presented to PC on August 18 and Council agreed that staff should develop then Sept 1. language for future PUDs to identify critical Council will review integral components of a PUD that must and consider continue to exist over time. approval after PC provides In addition, John Wilkinson requested that recommendation. 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 were presented to PC on August 18 and then Sept 1. 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 were Planning Commission is also reviewing presented to PC on housing goals as part of the Comp. Plan August 18 and review. Staff will schedule two agenda then Sept 1. items based on the input from Council on Council will review October 6 (these could be on the same and consider dates) which would be 1) policy discussion approval after PC to modify the current land use code related provides to affordable housing; and 2) a review of recommendation. 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 Budget Update The last budget update occurred on July As part of the 2011 6th budget presentation in the September /October 2010 time frame. Other Mark Kittle Shake Shingles 2 nd Reading on September 7, 2010 September 7, 2010 Russ URA- Phase 1 Council authorized on August O to October 4, 2010 Forrest move forward with a preliminary study to determine the pros and cons of a URA in Snowmass Village along with whether the community would meet the legal criteria for a URA SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES AUGUST 2, 2010 CALL TO ORDER AT 5:00 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, August 2, 2010 at 5:00 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. COUNCIL MEMBERS ABSENT: All council members were present. STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town Attorney; Hunt Walker, Public Works Director; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Mary Harris, Wolf Gensch, Scott Patterson, Nathan Waldron, Wayne Floyd, Susan Roach, John Roach, Greg Rulon, Tom Oken, Vanessa Walker, Jami Downs, Skip Sinclair, Bruce Gentry, Robin Riggs, George Huggins, Nathan Ratledge and other members of the public interested in items on today's agenda. Item No. 2 PUBLIC NON- AGENDA ITEMS There were no Public Non Agenda Items Item No. 3 COUNCIL UPDATES Independence Pass Council Member Wilkinson noted it is snowing on the pass and it is time to get your pass and wax your skis. Fridstein Memorial Mayor Boineau and Council Member Butler spoke to the wonderful memorial service held at the Snowmass Chapel for Bob Fridstein, who was a very involved member of this community. 08 -02 -10 TC Minutes Page 2 of 8 Community Picnic Council Member Lewis reminded the public that the Community Picnic is Friday, August 13, 2010, 4:00 7:00 p.m. at the Snowmass Recreation Center. We have raised $3,000 and are still accepting donations. Mail check to Council Member Lewis, his store or to Rhonda Coxon at Town Hall. White River National Forest Council Member Butler and Council Member Lewis volunteer for the Forest Conservancy and this is another way to give back to the community. Item No. 4 UPDATE ON FORECLOSURE ACTIVITIES AT BASE VILLAGE Town Manager Russ Forrest noted staff has met with 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. At the public meeting, the community will have a chance to meet with representatives of Lowe Enterprises. The proposed dates and times are Tuesday, August 17, at 9:00 a.m. and 5:30 p.m. at Capitol Peak conference room in Base Village. The Town will be responsible for all promotion and advertising around this event. Town Council would like this to be a very informal "living room" type setting. Item No.5 CONTINUATION AND PUBLIC HEARING SECOND READING OF ORDINANCE NO. 10 SERIES OF 2010 SNOWMASS MOUNTAIN At 5:07 p.m. Mayor Boineau opened the continued Public Hearing to receive comments from the Public on Ordinance No. 10, Series of 2010 and Resolution No. 22, Series of 2010. Reed Lewis made the motion to approve second reading of Ordinance No. 10, Series of 2010. A roll call vote was taken and Council Member Mordkin was absent. Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Nay: None. Senior Planner Jim Wahlstrom noted there were only two changes made to the ordinance during the first reading on July 19, 2010. Town Attorney John Dresser was not able to review the Ordinance prior to vacation and he provided some language changes to some of the agreements provided. 08-02-10 TC Minutes Page 3 of 8 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. At 5:20 p.m. Council Member Mordkin arrived at this time. Senior Planner Jim Wahlstrom asked that Council review and consider acting upon this Resolution 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. Markey Butler made the motion to approve Resolution No 22, Series of 2010. Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 1 opposed. Voting Aye: John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Nay: and Arnold Mordkin. Council Member Lewis stated concerns with Building M being sold to a third party. Town Attorney John Dresser offered language within the Resolution that was acceptable to Lewis. Ar. 5:29 p.m. Mayor Boineau closed the Public Hearing for Public Comment. Item No. 7 DISCUSSION OF POTENTIAL BALLOT QUESTIONS FOR THE NOVEMBER COORDINATED ELECTION Town Manager Russ Forrest stated that on July 6th Regular Town Council Meeting staff updated Council on the status of two retiring bond issues and asked whether the Council wanted to have a further discussion on exploring the idea of asking the voters to reinstate the mill levy (or a portion thereof) for other uses. Council directed staff to prepare for a discussion on this topic at the July 19th meeting. Staff has prepared several options for the purpose of discussing a November ballot initiative. Staff is requesting Council provide direction on which option to pursue a Resolution with potential ballot language on the August 16 Regular Meeting. After a lengthy discussion which included the financial impacts of the statewide ballot issues, the FAB recommendation and the options offered by staff, the Council listened to a presentation from the Pitkin County Open Space and Trails Board. 08 -02 -10 TC Minutes Page 4 of 8 At this time County Commissioner George Newman introduced Director of the Open Space and Trails Board Dale Will, Pitkin County Finance Director Tom Oken and Manager of the Parks and Recreation for the City of Aspen Jeff Woods. Commissioner Newman stated they are before Council today to request financial participation in Pitkin County's effort to secure the 742 acre centerpiece of an open space system that everyone has been building for nearly two decades. He went on to explain that on Wednesday, July 27, Peter and Bruce Droste sign a contract agreeing to the phased conveyance of 742 acres along the Brush Creek ridgeline to the Pitkin County Open Space Program and its partners. Due to the Council discussing possible funding mechanism at this meeting they felt it appropriate to attend and inquire about participation in this project within the ballot discussion. After a lengthy discussion with Staff and the participants listed above the Council consensus was to provide a ballot question to the electorate asking for a two million dollar bond for twenty years to participate with the County in purchasing 742 acres of the Droste property to be called "Wapiti Ridge Mountain Park Council also directed staff to provide two ballot questions following the FAB recommendations from the retiring bonds. One ballot question would refer to .48 of the mils or 60% for transportation in the General Fund and .32 mils or 40% going to Parks and Recreation. Ballot language for these three questions will be provided within a Resolution at the next Regular Town Council on Monday, August 16, 2010. Town Council took break at this time. Item No. 8 FIRST READING OF ORDINANCE NO. 15 SERIES OF 2010 REVISION OF THE REOP FEES Chief Building Inspector Mark Kittle spoke to Ordinance No. 11, Series of 2008 and noted the purpose of the first part of this ordinance was to regulate fossil fuel energy for both residential and commercial applications through on -site renewable energy methods or by paying a fee in -lieu. The second part of the Ordinance deals with residential building energy uses specifically HERS (Home Energy Rating System) ratings and compliance with it. Due a low number of REOP fees being paid and the number of lodging representative wanting to provide efficiency standards and renewable energy offsets but are unable to carry the financial burden, Kittle has provided some changes in the fee structure and would like direction from Council. Council took comments from the public at this time: Representing Top of the Village, Dave Spence noted that he felt that the lodging community should be exempt from the snowmelt fee due life safety issues. He explained a scenario at TOV where the project would cost $195,000 and the REOP fee would be approximately $283,000. 08 -02 -10 TC Minutes Page 5 of 8 Representing the Woodrun Five Condominiums Wayne Floyd thank the Council for looking at this ordinance and asked that Council consider changing rules for the single family versus multifamily dwellings. He noted that snowmelt is not an amenity any longer it is a standard within the industry and guest expect safe environments. Robin Riggs resident of Snowmass Village and member of Environment Advisory Committee agrees the ordinance should be reviewed by the (EAC) and she spoke to the fiscal responsibility in buying some type of energy offset. General Contractor Wolf Gensch and resident of Snowmass Village and member of the design committee noted that Snowmass Village is reaching build out and at when purchasing a lot and building homes most driveways are at ten percent grade and required to put in snowmelt. He feels these people are be penalized. Representing Stonebridge Condominiums Scott Patterson spoke to fees, boilers and the fees being exempt for the lodging communities. He noted the Stonebridge replaced windows, do they get credit for that, they replaced the boilers, but were penalized due to not being 100% efficient. He is glad Council is taking a look at the ordinance. George Huggins a resident of Snowmass Village and member of the EAC feel separating single family home and multi family dwelling is difficult and he spoke to the benefits in the long run. Representing the Timberline Condominiums Mary Harris spoke to the project at the Timberline and tourism in Snowmass Village and would appreciate help from the Council in regards to these REOP fees. Jim Gustafson a Snowmass Village resident and member of Planning Commission, Design Committee and the Board of Appeals for the Town of Snowmass Village but not speaking as a representative of these boards. He feels the ordinance needs to be looked at again and possibly give some consideration to the various projects throughout the Village and reconsider how the REOP program is structured. Nathan Waldron resident of Snowmass Village spoke to public amenities to offset some of these fees, and encourage credits in the multifamily dwelling project, which in turn benefits tourism in Snowmass Village. Nathan Ratledge from CORE spoke to the commercial, net energy gain and would be happy to work with the stakeholder of the concerned parties and with the County and City to get a better understanding of the issues and concern with the current ordinance. Town Manager Russ Forrest stated appreciation for the offer from Nathan with CORE and he if Council would like to engage in further discussion. Council directed staff to work with CORE and the stakeholders within the Village with current applications before 08 -02 -10 TC Minutes Page 6 of 8 Mark Kittle to meet and discuss issues and possible solutions. Council reminded the public this is not going away; they would also encourage a discussion on new construction versus a remodel. Item No. 9 SCOPE OF WORK FOR URBAN RENEWAL AUTHORITY Town Manager Russ Forrest stated a majority of Town Council asked that this discussion be put back on the agenda for today's meeting. After discussion Council is asked to provide direction on whether or not to proceed with the scope of work and budget described in this memorandum or modify the proposed scope of work or direct staff to take no action at this time. He also noted that the circumstances of Base Village have change since the property is now in receivership. Arnold Mordkin made the motion to approve the first step of this process which is phase one, this initial step is $7,000 which would need to come from the General Fund. Reed Lewis seconded the motion. The motion was approved by a vote of 3 in favor to 2 opposed. Voting Aye: Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: Mayor Bill Boineau, and John Wilkinson. Council Member Wilkinson would also like to have a report on some of the successful Urban Renewal Authorities throughout the state. Town Manager Russ Forrest noted that this Phase One will include a letter stating whether "blighted" conditions exist in the community. Item No. 10 MANAGER'S REPORT Town Manager Russ Forrest noted that the Planning Department is bringing the Land Use Code changes before the Planning Commission next week. Town Attorney John Dresser spoke to the Council in regards to two items he would like to bring forward as additional items on today's agenda. The first being Resolution No. 26, Series of 2010 which authorized the sale of Country Club Townhomes Condominium unit #59 and authorizing the Town Manager and the Town Attorney to execute contracts, deeds, releases of deed restriction and other documents to effectuate the sale. John Wilkinson made the motion to approve Resolution No. 26, Series of 2010 authorizing the sale of Country Club Townhome Unit Number #59. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 08 -02 -10 TC Minutes Page 7 of 8 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. Arnold Mordkin made the motion to approve Emergency Ordinance No. 14, Series of 2010 amending Section 4 -95 of the Snowmass Village Municipal Code to clarify the exemption to the Snowmass Village Real Estate Transfer Tax and a roll call vote was taken by the Town Clerk. John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. Item No. 11 AGENDA FOR NEXT TOWN COUNCIL MEETING Council and staff reviewed the agenda for August 16, 2010 and made appropriate changes. Item No. 12 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Missing Council Meeting Council Member Wilkinson noted he may be on vacation for the August 16, 2010 Council meeting. Building Inspectors Council Member Wilkinson has concerns what protection our staff has in the future with the Grand Jury indictment in of the Building Inspectors relating to the Carbon Monoxide deaths in Aspen. Owl Creek Road Council Member Mordkin discussed the concern and confusion in regard to what was approved for Owl Creek Road pertaining to the Aspen School District construction. Permission was not granted for road cuts or road closures. Town Manager Russ Forrest clarified what was approved by Town Council. Demolition Tool Box Council Member Lewis asked that the Demolition Tool Box portion of the Land Use Codes be brought to the Town Council before he is off Council in November. Missing Council Meeting 08 -02 -10 TC Minutes Page 8 of 8 Council Member Butler noted that she will definitely be missing the September 20, 2010 Council meeting and may miss the October 4, 2010 Council Meeting. Summer Marketinq Dollars Council Member Butler would like to discuss looking outside the box for the summer marketing dollars to bring people to Snowmass. Item No. 13 ADJOURNMENT At 9:11 p.m. John Wilkinson made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday August 2, 2010. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Nay: None. Submitted By, Rhonda B. Coxon, Town Clerk 5th Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA SEPTEMBER 20, 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: RESOLUTION NO. 38, SERIES OF 2010 IN OPPOSITION OF STATEWIDE BALLOT ISSUE (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 38, Series of 2010 --Russ Forrest ...........................Page (TAB Item No. 5: RESOLUTION NO. 37, SERIES OF 2010 —APPRECIATION FOR JAN GRENDA (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 37, Series of 2010 --Rhonda Coxon Page 1 (TAB A) Item No. 6: DISCUSSION ON THE FUTURE OF JAZZ ASPEN/SNOWMASS (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation, discuss and provide direction. --Jim Horowitz ...........................Page (TAB Item No 7: FIRST READING AND DISCUSSION ON ORDINANCE NO. 15, SERIES OF 2010 —AMENDING THE REOP FEES (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny First Reading of Ordinance No. 15, Series of 2010 --Mark Kittle ...........................Page (TAB 09 -20 -10 TC Page 2 of 2 Item No. 8: CLEAN ENERGY COLLECTIVE PROPOSAL FOR SOLAR PANELS ABOVE MOUNTAIN VIEW /RECOMMENDATION FROM FINANCIAL ADVISORY BOARD (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Provide direction to staff on proposal Lesley Compagnone /Fred Kucker .........................Page (TAB Item No. 9 MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Page (TAB Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB Item No. 11: APPROVAL OF MEETING MINUTES FOR: ..............................P g AB Page (T Item No. 12: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Page (TAB Item No. 13: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 hours (excluding items 1 -3 and 9 —13) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. 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E��rtr�t>>f, BUILDING 8 LITTLE NELL RES. i t3 1 Snowmass Carbondale [7 W :lint SNOWMASS BASE VILLAGE >ft t# SNOWMASS VILLAGE, CO 81615 VAJ i o— Z m m Fri 5' -6 D F-- m �OD III H/ D W m z o m o m Z Z Z n 0 Z m O m V) m m n m U) o f 18" 18„ D D� n rn no FT-1 rrI cn cn cn O CD c f) z m D zn z z cD O m r- D x m o cn rn z rn o c� D m Z r-- m z (:D 7 1 o z m cf) m CD z z D rn Manchester Architects, Inc. 3glT a =3li: lg D P Iff 1i1I snowmass Carbondale BUILDING 8 LITTLE NELL RES. e i e SNOWMASS BASE VILLAGE I A„c„,TECT„RE „TER ORS ILA-1— SNOWMASS VILLAGE, CO 81615 I ij ji s „OwMASS v,AOe.O..,s„ s S i VICEROY SNOWIMASS The town of Snowmass village, 130 Kearns Rd Snowmass, Co, 81615 To whom it may concern, As part of Snowmass redevelopment I understand that there is to be a pedestrian access created to link the Viceroy Snowmass to base camp. This is a very important initiative which will add great benefit to the guests of the hotel allowing much more tenable ingress/egress to the Base camp environs. To ffirther supplement this access, and to enhance the experience of our visitors to Snowmass, it would be of great benefit to have vehicular access via this path with our electric vehicle, golf cart in styling though street registered and legal. This vehicle is rear wheel drive, eco friendly and caters to 14 passengers. Given the green focus of the community it believe it would be a perfect transportation alternative. Unfortunately this vehicle is not conducive to the Snowi road in the winter due to the grade. I trust you will look at this request positively as there are tangible benefits to community and guests alike, By using our electric vehicle to transport our guests it will serve to minimize the use of Gasoline powered vehicles for local transport. Your support of this initiative will also enhance the movement of our guest to the retail community of Snowmass village. Thank you for your consideration of this request and I look forward to your support to make the experience of our Snowmass guest that much more enjoyable. rs sincerel ugh in leman eneral a er iceroy nowmass ATTACHMENT E STANDARD MAIL PO BOX 6985 couRiER 130 WOOD ROAD StN'ONV\IASS VILLAGE COLORADO 81615 PHo,\.F 970 923 8000 888 622 4W F,\\ 970 923 8001 VICE ROYS \'C)k.\-'N1ASS.CONi Pr m r y V H p ti t F LLJ LLI u' F 90003 '39v mSSVWMONS 3OV'nlA 3SVS SSVWMONS ",•.�2•,��• :w.. oo �o.,,��. a alepuocpeo ssewMOUS 113N 3111.11.8 Wave 'ou `Spa;iyord J9lsayouev4 1� W L �Z m L L O co w =a O 0 w z M O w J O a r� i".'.: Z.:. t k X ff r� {t i{{� 6 t i�� l ��a! SL9 L '30V SSVWMONS j j J`dlllA 3Stl8 SStlWMONS lmp i e�epuogae3 ssewmous RMIM 'S3 a r. 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