Loading...
10-04-10 Town Council Packets SNOWMASS VILLAGE TOWN COUNCI` REGULAR MEETING AGENDA OCTOBER 4, 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. 40, SERIES OF 2010 IN OPPOSITION OF STATEWIDE BALLOT ISSUE (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 40, Series of 2010 -Russ Forres /John Dresser ...........................Page 1 (TAB A) Item No. 5: RESOLUTION NO. 41 SERIES OF 2010 —SUPPORTING REFERENDUM 2D AND ENCOURAGING A YES VOTE BY SNOWMASS VILLAGE VOTERS FOR REFERENDUM 2D (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 41, Series of 2010 -Russ Forrest/John Dresser ...........................Page 6 (TAB B) Item No. 6: URBAN RENEWAL AUTHORITY (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Provide direction to staff on next steps. -Russ Forres Page 9 (Tab C) Item No. 7: BUILDING 7 ART PROJECT (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Review proposed Art Projects for Building 7 and provide comments. Snowmass Arts Advisory Board .......................Page 31 (TAB D) Item No. 8: FIRST READING ORDINANCE NO. 16 SERIES OF 2010 AMENDMENTS TO CHAPTER 16A, LAND USE AND DEVELOPMENT CODE 10 -04 -10 TC Page 2 of 2 (Time: 90 Minutes) ACTION REQUESTED OF COUNCIL: Review amendments and provide direction to staff -Chris Conrad ...........................Page 46 (TAB E) Item No. 9: SNOWMASS CENTER RETAINING WALL REPLACEMENT (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: No action requested of Town Council, information item only. -Chris Conrad ...........................Page 75 (TAB F) Item No. 10: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Pagel 00 (TAB G) Item No. 11: APPROVAL OF MEETING MINUTES FOR: September 7, 2010 P g 102 AB a e T H Item No. 12: AGENDA FOR NEXT TOWN COUNCIL MEETING October 7, 2010 October 18, 2010 Page 107 (TAB 1) Item No. 13: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ...........................Page 110 (TAB J) Item No. 14: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 4 hours (excluding items 1 -3 and 10 —14) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. (If the Meeting ends before 9:00 p.m.) MEMORANDUM TO: Snowmass Village Town Council FROM: Russ Forrest DATE: October 4, 2010 SUBJECT: Resolution No. 40, Series of 2010 I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Consideration and approval of Resolution No. 40 opposing the statewide ballot question known as Proposition 101, an initiated statute and urging Snowmass Village voters to vote against Proposition 101, an initiated statute. II. SUMMARY OF PROJECT Proposition 101, an initiated statute will severely compromise municipal governments ability to fund roadway and bridge repair and construction projects over time. III. BACKGROUND The Colorado Municipal League as well as leaders around the state are urging defeat of Proposition 101, an initiated statute. IV. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV oppose and urge opposition to Proposition 101, an initiated statute? V. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends Town Council approve resolution No. 40. The ballot question language is attached. 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION NO. 40 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 PROPOSITION 101, AN INITIATED STATUTE 10 11 12 WHEREAS, voters in the State of Colorado will have the opportunity at the November 2 13 general election to protect the fiscal health of local government by defeating proposed 14 Proposition 101, an initiated statute; and 15 16 WHEREAS, during this current economic downturn the Town of Snowmass Village has 17 already cut services and budgets dramatically in such areas as transportation services, 18 road funds, recreation services, landscaping, building and planning services, law 19 enforcement services and administration services; and 20 21 WHEREAS, because Proposition 101 drastically reduces vehicle registration fees, 22 license fees, title charges, state and local taxes on vehicle rental and leases which will 23 dramatically reduce the funds available for state and local road and highway 24 construction and maintenance as well as limit the ability of the state to fund repairs to 25 unsafe roads and bridges; and 26 27 WHEREAS, Proposition 101 also reduces the state income tax over a period of time 28 equal to 25% which is projected to equal more than $1 billion loss to the state treasury in 29 current value dollars and also provides that no charges to telecommunication charges 30 may be imposed locally or at the state level on telephone, cable, television internet 31 computer satellite or other telecommunications service customer accounts, except 32 "Emergency 911" service which is capped at 2009 rates, no matter the future expense of 33 providing such service; and 34 35 WHEREAS, Proposition 101 directly affects the ability of municipalities to fund roadway 36 repairs and improvements, is not subject to amendment by the state legislature and 37 collectively with the other statewide ballot questions, Amendment 60 and Amendment 38 61, significantly reduce or otherwise restrict both state and local revenues in a number of 39 different ways including but not limited to: specific ownership taxes, telecommunication 40 taxes, state income taxes, state shared revenues to assist municipalities with local street 41 and transit improvements, other state grants and loans to help local government, and 42 property taxes; and 43 44 WHEREAS, a number of prominent individuals, leaders on both sides of the political 45 spectrum newspapers, and organizations including our own Colorado Municipal League 46 are voicing opposition to these measures as not being in the best interests of Colorado 47 and of local communities; and 48 49 WHEREAS, state law permits the Town Council of the Town of Snowmass Village to put 50 forth this resolution as a statement of opposition to Proposition 101, an initiated statute; 51 and 52 53 1 TC RESO No. 10-40 Page 2 of 2 54 55 56 57 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 58 Village, Colorado: 59 60 1. That the Town Council of the Town of Snowmass Village opposes the statewide 61 ballot question known as Proposition 101, an initiated statute. 62 63 2. That the Town Council of the Town of Snowmass Village urges all citizens of 64 Snowmass Village to vote against Proposition 101, an initiated statute. 65 66 67 INTRODUCED, READ AND ADOPTED, as amended by the Town Council of the Town 68 of Snowmass Village, Colorado, on the 4"' day of October, 2010 upon a motion made by 69 Council Member and seconded by Council Member 70 and by a vote of in favor and opposed. 71 72 73 74 TOWN OF SNOWMASS VILLAGE 75 76 77 78 79 Bill Boineau, Mayor 80 81 82 83 84 ATTEST: 85 86 87 88 Rhonda B. Coxon, Town Clerk 89 90 91 92 APPROVED AS TO FORM: 93 94 95 96 John C. Dresser, Jr., Town Attorney OV y Ballot Title Setting Board Proposed Initiative 2009 -2010 #10 The title as designated and fixed by the Board is as follows: An amendment to the Colorado Revised Statutes concerning limits on government charges, and, in connection therewith, reducing vehicle ownership taxes over four years to nominal amounts; ending taxes on vehicle rentals and leases; phasing in over four years a $10,000 vehicle sale price tax exemption; setting total yearly registration, license, and title charges at $10 per vehicle; repealing other specific vehicle charges; Iowering the state income tax rate to 4.5% and phasing in a further reduction in the rate to 3.5%; ending state and local taxes and charges, except 911 charges, on telecommunication service customer accounts; and stating that, with certain specified exceptions, any added charges on vehicles and telecommunication service customer accounts shall be tax increases. The ballot title and submission clause as designated and fixed by the Board is as follows: Shall there be an amendment to the Colorado Revised Statutes concerning limits on government charges, and, in connection therewith, reducing vehicle ownership taxes over four years to nominal amounts; ending taxes on vehicle rentals and leases; phasing in over four years a $10,000 vehicle sale price tax exemption; setting total yearly registration, license, and title charges at $10 per vehicle; repealing other specific vehicle charges; lowering the state income tax rate to 4.5% and phasing in a further reduction in the rate to 3.5 ending state and local taxes and charges, except 911 charges, on telecommunication service customer accounts; and stating that, with certain specified exceptions, any added charges on vehicles and telecommunication service customer accounts shall be tax increases? Hearing May 6, 2009: Single subject approved, staff draft amended, titles set. Hearing adjourned 9 :46 a.m. Unofficially captioned "Motor Vehicle, Income, and Telecommunications Taxes and Fees" by legislative staff for tracking purposes. Such caption is not part of the titles set by the Board. Page 1 of 1 Be it Enacted by the People of the State of Colorado: Title 39, article 25 of the Colorado Revised Statutes Reducing government charges (1) Enforcement. This voter approved revenue change shall be strictly enforced to reduce government revenue. It is self executing, severable, and a matter of statewide concern that overrides conflicting statutes and local Iaws. Prevailing plaintiffs only shall have their legal fees and court costs repaid. The state shall audit yearly compliance with this reform to reduce unfair, complex charges on common basic needs. (2) Vehicle. Starting January 1, 2011: (a) All annual specific ownership taxes shall decrease in four equal yearly steps to: New vehicles, $2; and other vehicles, $1. All state and local taxes shall cease on vehicle rentals and leases, and on $10,000, reached in four equal yearly steps, of sale prices per vehicle. Sale rebates are not taxable. (b) All registration, license, and title charges combined shall total $10 yearly per vehicle. Except those charges, and tax, fine, toll, parking, seizure, inspection, and new plate charges, all state and local government charges on vehicles and vehicle uses shall cease. Except the last six specific charges, added charges shall be tax increases. (3) Income. The 2011 income tax rate shall be 4.5 Later rates shall decrease 0.1% yearly, until reaching 3.5 in each of the first ten years that yearly income tax revenue net growth exceeds 6 (4) Telecommunication. Starting January 1, 2011, except 911 fees at 2009 rates, no charge by, or aiding programs of, the state or local governments shall apply to telephone, pager, cable, television, radio, Internet, computer, satellite, or other telecommunication service customer accounts. Added charges shall be tax increases. Proponents: Jeff Gross Freda Poundstone 8017" St. 5342 E. Caley Ave. Kersey CO 80644 Centennial CO 80121 (970) 353 -9551 (303) 396 -9200 taxreforTn(a),frii.com MEMORANDUM TO: Snowmass Village Town Council FROM: Russ Forrest DATE: October 4, 2010 SUBJECT: Resolution No. 41, Series of 2010 I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Consideration and approval of Resolution No. 40 supporting Referendum 21), and urging Snowmass Village voters to vote for Referendum 21). II. SUMMARY OF PROJECT Referendum 21) provides funding for TOSV transportation services and equipment. III. BACKGROUND "Town Council put forth this question and is now indicating Council's support of the question and asking the TOSV electorate to support the question as well. IV. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV suppor Referendum 2D? V. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends Town Council approve resolution No. 41. I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION NO. 41 5 SERIES OF 2010 6 7 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS 8 VILLAGE EXPRESSING SUPPORT FOR TOWN OF SNOWMASS VILLAGE 9 REFERENDUM 2D TO PROVIDE FUNDING THE USE OF SUCH FUNDS IS LIMITED 10 TO PROVIDING TRANSPORTATION SERVICES AND EQUIPMENT AND URGING 11 ELECTORS OF SNOWMASS VILLAGE TO VOTE IN FAVOR OF REFERENDUM 2D 12 13 14 WHEREAS, voters in the Town of Snowmass Village will have the opportunity at the 15 November 2 general election to protect the fiscal health of local government by passing 16 Referendum 2D; and 17 18 WHEREAS, during this current economic downturn the Town of Snowmass Village has 19 already cut services and budgets dramatically in such areas as transportation services, 20 road funds, recreation services, landscaping, building and planning services, law 21 enforcement services and administration services; and 22 23 WHEREAS, because Referendum 2D provides a dedicated source of funds that may 24 only be used for transportation services and equipment: and 25 26 WHEREAS, providing excellent and reliable public transportation service in Snowmass 27 Village encourages residents and visitors to leave their cars at home, which in turn 28 lessen the load on the roads and parking areas in Snowmass Village, thereby 29 maintaining the rural and uncongested nature of the Town's road system; and 30 31 WHEREAS, the funding sought by Referendum 2D will not effectively increase local 32 property taxes as the amount of revenue sought is equal to the amount of tax that has 33 been in effect in order to satisfy the bond debt for the construction of the Town's 34 Operation Center, which bonds are retiring in 2010; and 35 36 WHEREAS, state law permits the Town Council of the Town of Snowmass Village to put 37 forth this resolution in support of Referendum 2D; and 38 39 40 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 41 Village, Colorado: 42 43 1. That the Town Council of the Town of Snowmass Village supports the ballot 44 question known as Referendum 2D. 45 46 2. That the Town Council of the Town of Snowmass Village urges all citizens of 47 Snowmass Village to vote for Referendum 2D. 48 49 50 INTRODUCED, READ AND ADOPTED, as amended by the Town Council of the Town 51 of Snowmass Village, Colorado, on the 4th day of October, 2010 upon a motion made 52 by Council Member and seconded by Council Member 53 and by a vote of in favor and opposed. 1 TC RESO No. 10 -41 Page 2 of 2 54 55 56 57 TOWN OF SNOWMASS VILLAGE 58 59 60 61 62 Bill Boineau, Mayor 63 64 65 66 67 ATTEST: 68 69 70 71 Rhonda B. Coxon, Town Clerk 72 73 74 75 APPROVED AS TO FORM: 76 77 78 79 John C. Dresser, Jr., Town Attorney To: Snowmass Village Town Council From: Russ Forrest Date: October 4, 2010 Subject: Budget for moving forward with an Urban Renewal Authority (URA) I. PURPOSE On August 2, 2010 Council requested that staff take the first step in conducting a preliminary conditions survey to determine if the three commercial areas in the Town of Snowmass Village meet the legal criteria for creating a URA. This is a component of Phase 1 mentioned below. The purpose of tonight's meeting is to have the Town's consultants, Paul Benedetti and Anne Ricker of Ricker Cunningham (formerly Leland Consulting Group), present their findings for this initial scope of work. A power point presentation is provided as Attachment A of this memorandum. II. BACKGROUND On February 22, 2010, Town Council asked staff to develop a more specific scope of work for forming a URA. At that same meeting staff and Paul Benedetti reviewed the legal process, as well as the pros and cons for implementing a URA. A URA was also discussed on April 19, 2010. At this time a detailed scope and budget was presented to Council. 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. There is currently no obvious private development partner to achieve this goal. However, the Town could implement a URA without a private development partner and simply maintain the tool to address this issue in the future if a private development partner is found. The first question is to determine the primary goal for creating a URA. III. SUMMARY OF SCOPE OF WORK In April 2010, staff prepared a scope of work with the assistance of Paul Benedetti and then Leland Consulting Group. Attachment B is a summary of the process broken into 4 phases, with the key decision points in the process highlighted. Attachment C provides a potential timeline and schedule for expenditures based on the proposed budget and scope of work and outlines other detailed tasks that staff and or consultants would need 1 to perform. The timelines in these attachments have not been updated since the April 19 meeting. Phase I Determine if a petition should be initiated This initial step involves completing a preliminary analysis of conditions to determine if blight exists in select areas of the community all three commercial areas (West Village, Base Village, and the Center). This effort will begin to inform Council about the benefits or consequences of establishing a larger geographic area or keeping the area small and focused particularly on the incomplete buildings in Base Village. This step would also include a power point presentation summarizing whether "blighted" conditions exist in the community and 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. 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. 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 a URA which would be a new statutory authority. This Authority can be the Town Council or a separate board appointed by the Mayor and confirmed by Council. Staff recommends that Council act as the Urban Renewal Authority. This would be the first significant action in a 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 a relatively straight- forward step and could cost a little over $3,000. Phase 3 Prepare a plan and impact report This phase is more complex than the first two and more expensive. Staff recommends further evaluation of the economic implications of using Tax Increment Financing (TIF), as well as the geographic scope of the URA district. This phase begins with consideration of the geographic boundaries of the URA district. The second significant step is defining a vision and development objectives for the planning area. This is followed by quantification of the area's potential to generate TIF revenue However, it is of significant concern to other taxing authorities who will be concerned about allocation of increased property taxes based on new redevelopment to the urban renewal authority in the area or areas included in the urban renewal plan. Minimizing the size of the URA boundaries needed to address blighted conditions is helpful in working with other taxing authorities; however, it also reduces potential TIF revenue. Another major consideration is whether or not eminent domain will be used by the URA. The draft urban renewal plan would include: 2 1) Delineation of the boundaries of the URA area; 2) Provisions describing the collection of TIF; and 3) Provisions describing the Authority's powers related to the acquisition of property through eminent domain and controlling land uses. If the Authority is to include a TIF provision, a financial impact report must be prepared which describes potential economic impacts (if any) to the County. It is also recommended that impacts be quantified for other taxing entities. It should be noted that the economic impacts can often be positive for other taxing entities, particularly if the effect of the URA is to remove blighted conditions which are preventing redevelopment of an area and thereby suppressing sales and property tax revenues. In addition, a URA has the ability to collect municipal sales tax increment. Staff is recommending that this phase be concluded after creating a draft plan, an impact report and facilitation of meetings with other taxing authorities. This effort would culminate in a Council meeting and public hearing where the Town would need to consider input from the public and taxing entities, and provide final direction on the three points mentioned above for the purpose of finalizing the plan. This phase could cost just over $26,000. Again it should be noted that the Town Council could terminate the process at the end of any of this phase and provide new direction to staff. Phase 4 Complete the plan and hold a public hearing to determine whether it should be approved The Authority does not have any significant resources until a plan is approved by Council. This step involves completing the plan and providing legal notice to property owners, tenants, and business owners in the affected district. In addition, it involves providing notice to the School District and County prior to a public hearing. The Planning Commission must review the plan and determine its consistency with the Town's Comprehensive Plan within 30 days of the public hearing. Notices must received 30 days prior to the public hearing with the Town Council. The Town has 120 days after the public hearing is closed to approve the plan. This phase should also include more discussions with taxing entities and a presentation of the impact report to the County. Again, this effort can involve a significant educational process for both the community and taxing entities in order to ensure all stakeholders fully understand the process and implications of creation of a URA, particularly if TIF is used in the area. This final phase, presuming that the plan is not modified significantly, could cost $11,000. Again, it is possible to either expedite or lengthen the process described herein, depending on the level of public input desired and or preparation and discussion of impacts with other taxing authorities. 3 Steps after Plan Approval If the URA is created and a plan is approved, a 25 year clock is initiated for the purposes of bonding TI revenue (if TI is used). The other financial consideration is that the "base" value of the district is established and that any new incremental increase in assessed value for the district is initially compared to that point in time. The taxing bodies establish their annual tax levies and derived their revenue from the base value. It should be noted that the base value rises periodically during the 25 -year period so that the taxing bodies benefit from inflation and to a lesser extent from the effect of increases in value due to redevelopment. In addition, if authorized by Council and upon complance with legal requirements, the URA now has the authority to condemn land and pay fair market value for the land. Typically, a URA only condemns land or assembles land with the participation of a private development partner. 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 Total Attorney Leland Reseach Fees Contingecy 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 1 $25,500 $2,500 $45,505 $6,826 $52,331 IV. ACTION REQUESTED OF COUNCIL Council is requested to receive a power point presentation by Ricker Cunningham (formerly Leland Consulting Group) and Paul Benedetti and provide direction, which may include: 1) Approving the Budget in Attachment C 2) Directing staff to negotiate and enter into contracts with Paul Benedetti for legal services and Ricker Cunningham based on the budget in Attachment C for all or a portion of the remaining tasks. OR Direct staff to modify the attached scope and budget OR 4 Take no further action on the topic Attachment A: Power point presentation by Ricker Cunningham and Paul Benedetti Attachment B: URA Decision Making Process Attachment C: Detailed Budget and Scope 5 r rt rt w 3 0 3 n v 0 3 3 M fD cn CL N Q rt _C m m Q CL rt C: CL 0 0 r) O c o n n o O CL r O V) K Q CL �.V eir s H�- k ry q r� Z y O r�i N Ul o� V) m m n O C O C m cu v O e O n fD O p- r C �G C fD :3 p O rD N O O C v O N O cn -F, r+ O -s 0 CL r+ cu V) cr ai rD a1 r+ O O m e, n v =r O CD fD N Ln Ln �-r O_ 3 CD fD C fD W- 3 0 0 p w -1 N O r+ fD f�D p CD r+ O 0 fD p N -s o O M r+ rr O p N N N rr rN-r m O N p lu "p N v 1� -h rD n N on r-r v C p r r p e-+ rD C C rD Q- 't A p w 3 0 m rr+ rD n' (D C v n V) 00 fQD N s M 0) O p fD lD n O c� -0 O r-r O O O r+ O (D O c (D m a- O O _S Q fD N FQ c) O O'Q 0 O :n O IMI (D C: V) rD 77 to cn fD N fp' V) O N c O 3 N p cn n rD Z _4 -3 D w 1 O (D O W O O I n n n O cr -0 r- r rD I r-F 3 fD O O n m I fD 3 :2 O 3 O o- fD M 0 O N i Q fD O N cn r-r n fD O -h o rD+ O O n N r+ fD aq CA 0 rD :3 0 C-t. O O o -h n w 0 Orq N O Ln N O v N w N Q O N Lnn v• O -h m c O N G =;7 fD G n C- a C n N o _o A N z O v =fi o m r+ m m m -0 m m 0 :3 v :3 rD �G in' O a+ `n Q O m N. n O v C 't O r+ E m m CD -O v N r+ r+ :3 m 3 v o 0 cu e m v o a C I v a- m m (D O m O cu r+ m CL o 0 N m O m m W m r+ r+ O CL m I N N 0- O N O O0 -h c m O N 0 (D O r+ n n C: C m 7c Q -O �.V O r rt O CL m -t O' a, O N O m 3 o O r+ 0) r+ -O n V) --h c m O p N e m e- F in v r+ r+ N (D =r �s v C m 0 o N r+ O m m c=3 v V) N (D r+ CL o O m o m m CL n' v j v rt r m v v Ln u� N v r+ Lnn Ln O Z Ln O D rn 0 r) =r C C W Ln 0 rD .I e L/l. --I rD -1 Ln CU 0 CL r) Ln 3 3 0 t-+ (D (D r) Cr (D o- (D rD f-+ LA 0 j -1 r+ n Cu C: (n =r e-+ 0 (D cr r—+ rD o m rD rD 0 -0 o- rD rD Ln (D o 0- M o rD 3 3 5 0 -0 CL rD rD C :3 rD 7 rD c 3 cu rD 0 m --I w rD rD :3 e-+ :3 =s rD e-+ =5 rD to CL e-+ rD rD 0 -.j, c- V) 0 0 C) a 0 0 In 0 C: 0 cr 0 c c 0 ""I o rD cr Ln -C 3 CL _0 I rD _0 m m 0 Ln 0 0 XF m 0- 0 f-+ (n (D W Ln 0 0 0 :3 rD r-+ O-Q l< 7C3 7-3 Ln (D f-+ =3 rD 3 :3 rD :3 3 rD 0 rD m rD n rD rD rD r-+ Ln N 0 m w rD N N rD un 0 rD r t e-+ I rD 0 CL F r+ --h :3 rD c: 0 r+ r+ rD rD 0 r+ r+ cu rD rD r+ 0 m 1 -0 =p 0 CD C 0 LA 0 r+ n r-+ CL UQ rD =3 rD r+ 0 LA LA z r+ -0 N D 1 fD is q, y t S f h e F r �u rs... t Z a N r D 00 N C v CU ID CT" ;r K }mss `r Z r D �wi�!!ii nu�u�uguu c =d �a� �Il I I I �fl I I If 1 I� �i x m TI lY.' 4 a V n; i ;c�: n, w r-+� O p Cn `rte j k 7 Y 3 444 f .e ,art' 4', s �r s 4 S eo F 0 t t i >3 D N N N O rD A D CD :fD r F, t 9 7 F C V` Z r F N 0 rD 0 0 rD zr rD (n CL 0 rD in e-+ rD 3 0 rD 0 Ln Ln N 3 3 E :3 -11 -lh 0 (D CD W CL (D -1 0 aq 0% 0 r.+ 0 aq !OL) iD n f-+ 3 3 cr 0 (D (D (D (D 0 0) (D =r 0 3 D r+ (D 3 n rD c aq 3 (D (D 0 :3 r+ aq :3 (D CU 3 3 1 0 CD 0 rD m e-+ M rD 0 0 _0 Ln 0 r+ (D f-+ CD rD W rD rD Ln 0 rD r+ 0 CL a h rD :3 rD rD :3 0 Ln (n 0 O rD =r' 0- (D r-L rD r+ fyn Cl) r+ I rD n CL M r+ rD V) =r* W rD 0 rD =3 rD =3 rD N 0 cu Ni -,h 3 3 0 rD 77 -0 0 r+ cr :3 rD 0 m w n rD =5 cr un to 0 r+ C: 0 -0 0 w 0 r+ 3 rD D 3 0 3 rD 0 0 e-+ C: :3 -1 rD =r C: 3 r+ 0 :3 :3 3 FD 0 arq a r+ 0 3 0 =s -3 r+ r+ rD (D =r V) rD rD :3 r+ I (D --h (D (D Z a) 0 0 rD 70 Cu (D cu 0 0 CO Ln 3 =3 m Ln rD e-+ rD 2+ 'W rD r+ rD rD :3 C r+ a- e-+ rD (D _0 W 70 o cr CD Cl) -Q Ln 0 -1 -a O CL r+ O-q 0 0 un 0 rD :3 -0 rD :3 a) MM S CL r+ rD 0 rD ---h rD 0 3 m e-+ 0 r+ cu rD r+ E =P -0 rD _0 rD rD =3 :3 N rD rD (A cr r CL Q_ 70 (D rD rD 0 Ln rD rD Ln rD Q. 0 0 3 rD CL 3 =r 3 n CU rD rD r+ 0 rD 0 a- r-+ =3 0 Ln rD C: 0 arcs rD rD o =3 rD C r+ rD rD LA C rD o -0 r+ CL r+ N m _0 E rD a CL rD 3 r) rD C: r+ rD rD rD =3 CD rD rD r+ Ln (A '3 rD 0 r+ 0 3 CDL I r+ W 0 rD rD rD rt rD 0 rD N 3 I N rD 0 rD 0 0 h U- 0 ---1 :3 0 rD o as CL n n W r) o- m aq arq -1 N Ln r+ rD 0 -1 r) 0 -n rD (D r+ r+ r, 3 0 rt rD rD --I n rD r+ z 0 rD =3 3 _0 r-+ CU rD 0 rD rD (D CL rD Cr 0 0 Ln X 3 r) 0 rD 3 0. 0 c C E rD rD c: 3 o- 0. CL 0 0 :3 Ln rD o o m w rD 3 cr C: =r rD 6 rD rD r+ =3 0- rD rD r+ rD Ln 0 FD 0 rD rD _0 rD C: rD (D M 0 0 (D C: 0 CL 0 0 =3 1 (D 0 0 0 0 C: 0 w C: c- C: 0 (D 3 c r+ r) r+ FD Ln r+ 0 rD (D =3 (D c- Ln =r m (D rD 0 CL (D aj OJ rD CL 5 rD 0 =s Ln 3 rD rD r a l 3 CL 0 m CL O' 0 0 c m 0 r+ rD -0 ;T r) CL rD rD O rD rD 0 (D 0 rD ;7+ w N 0 rD 0 n r+ rD rD (n rD r rD -1 +1 rD r+ r+ 0 =r 0 5. -1 0) r+ 1-1 r+ N Lf) co rD 0 Lon r r+ C7 =3 (D Cr 0 0 0 0 0 0 0 r+ r+ rD w :3 X 0- :3 n M rD 3 Ul rD I M -1 rD rD ET w 0 r rD rD r+ n 0 rD D rD 0 r+ V) rD r+ -1 Ln rD c O D 3 v FD -0 W rD 0 rD =3 0- w rD o r N W m :3 cu rD o D :3 o rD C: rD W Q rD rD n -1 w r+ (D r+ 0 N rD a) z =r 0- N -0 (D r+ C)7 =)7 r rD 3 =3 m rD U) U) 0 0 0 0 0 3 CL o U; 0 rD 0 0 rD :3 7 0 0 rD M rD r+ :3 n :3 u rD r rD 3 0 rD rD 0 r-+ C: rD rD -1 f-+ w 0 0 m M rD CL _0 r+ _0 c 0 C: rD ED (D 0 0 cu cu -0 0 0 r+ 0 7 0 rt 0 rD =3 0 rD =3 rD :3 0 CA rD r.+ rD rD (D r+ =T CL) 0 c rD 0 r+ C: o- =r r+ M 0 CL cu e-+ n cu rD :3 3 o- 0 _0 n om cu CL 0- rD V) FT 117 to rD 0 0 rD r+ 0 O rD —1 cu r+ =$7 V) C: r+ 3 O 0 c s LL t o H m _m aye j L O O Q p o 0 d L n o N m O M O M v oin f» S a o o�am Z O v y Q N f v 4- U Viz z n u 5 a o _t v li� N a V a `m o j a_o iUN�aU o E »cja o 0 z p E a. o Ba�v O ado N 0) 2P _h a` m p U N co a t L a u10iva`o do der o V LL N N p o (7 v E W c o¢ rnn m c L r U K u a v 3 °°.'3B DoE l o o A m c 8 o E o 0 m E c o v N o N L Y NL F- m Nv y loo ml�. m Q O O aQoQO a 0 v o fn LL g m a I L U o E Co W �3 4-, U 0 /U'�+ 3 0_ cEo U 1. o Z a Q c o E_ 0 0 n n 0 0 m m N N N N E V O V V L 6 V O 0 0 0 0 0 0 M M 0 a 0 0 0 of 0 0 0 0 0 0 0 .0 O 0 0 16 O O O V. W h O. h m 0 0 n 0 O m of O O N m W o0 m lO W 0 0 0 O N M O m .-i M O l••I N a/T N to N N M H h N iA M N aA N N u r N •i m a m m m m m m m m m a m m y m J m m m m m I J a n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 0 6 0 0 o o o 0 0 Q 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0$ 0 0 0 0 0 0 0 0 a s H r•: I Ol 0 ""o oo 000•" .a V o o 0 0 0 o o 0 0 0 0 0 o 0 0 0 0 o o o o o o o C O G O O N N N O O N N N O 0 0 0 0 0 O o 0 O O O O O O O N O o 0 N N\ ry O j m N N N a r N W W LL o 0 0 0 0 0 0 0 0 0 0 0 0! 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oo a6 oa o c6 00 of od ro a oo w oo co 00 0o ao of oo m ab oo o0 ob ao 0 0 0 0 0 0 l0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O D o 0 0 o i+ tk m T m T 'O t0 H V N M s V 9 co tD N O N N O O O N N N M H tD N N vt o W 9 t Q von 3 c u 0 D N C E ea a p m u m c c L v «=o. T a C o v r°n o E v Q v v c c y v C w AR w o m o a a w E f v u`oaE °m o.w mEa° vu a ommr V y e a Z• o `w v c m m Y N nv m o. '3 y= o u v u v o o v v s, o O E a c a o m y 'E z 3 o a c 5 u a v z 3 u m u w c m o `o o. V m L C 1 N ai0i y w 0° m a 3 o o z¢ w o 0 o o? d o z n o o o o A m E m v ru`ma �u at�c� »LL c�auxu� a 01 fr n.a n u a a u a` Z w 0 u t7 F- o c 3 =j; C :3 CL r- CD x O. cr m -0 U) Z m 0 _0 0 CD 0 cn Xw C 5' 0 :3 3 S. En C2- (0 co La: Err cn a (n 0 Z! Er (D CD CD 0 r r cn c E; 0 0 OL) O EF :3 0 C) 0 a CL '69 CD (D Co (D C) (n U) =3 CD I 0 i� OD 20 C C lD 0 cr IZD. 0 (n CD (D CD 0 m CL 1) Ln l) iF (n CL o R U 0 :3 cn L- C r mmlm -69 CD Cil w 0 ID CL (D 0 CD CD CD (n CD U) CD C 8 rn N) l 3 D C: (n EF �F 5 CD CD W A CL 0 (D 0 (D C' o, C, C) 0 -a CD 0 3 3 (D (D CD 0 o 3 3 En 0 (D 0 0 'o Qa CD V) 0 C O L :3 0 (D W 0 m C1 En CL I;D m (n C 5 EE =r O a 0 _0 0 0 CD CD U) 0 CD ID 0 0 CD a S x 0 a E ID CD C:L 5 a 0 :3 0 4 ID (a U) (1) :3 CD CD l (Y) c o .(n 0 =3 CD CD 0 M C) 0 (D 0 =3 "a U) CD 0 C Es =s =1 a CL:E cn a ID CD L2 w =3 0 CD Cl) �n CD C3 CL cn cl) a 0 0 CD CD =r M CD CD .0 CL CD c n 5 0 (D 0 2 c _0 D 3 P c- Ty 3 r- -69 Cl) C') 0 T (D 0 0 2• -n 'D 0 0 ID '69 P) ECD (1) 5. CD (n x CY) E3 pl) 00 00 cr CD cn 9 a 6 8 00 (D 0 (D i w 0 CD E 3 =3 0 0 (D o o E (D w 0 o< Q- =1 r_ CL =3 0 0 C C o' CnD fD o =3 S CL (D (o (D CD CD a -n W 3 a) cr�o r- =r c o 0 3 3 9: W U) c cn Z (D CD C/) ;:w Q CD wv CL -0 0 2, 1 m- 0 CD C) o LA T cr 5 s a) C: CL 0 CL 3 0 CL 0 =r 0 (D 0 =3 =1 r (n 0 -4 (P 0 (n CL CD l< E; CL z (n 0 0 (C) CD 0 C= 0 E :3 z Z =3 S' 0 0 CN:l rmmi- g C C,') 10 (D CD C) c =r CL 0 o C,3 C) CD (n 0 CD W (D (n �L CD 0 (D z 0 C CD m. Ra, o E; %UWOO OO CD CD L G" l !�9 0 q CL ID C) (D p 3 M 0 0 CD (D 5j' 0 0-0 0 CD 0. CD v CD cn 0 CD C: ID O CD o CL cr o O (n 0 07 ::r E; ;v :3 CL cD CD CL w W w W W W N rV N N rN N N N N N N F� F� F F' Ul A W N O l0 w V m (n .P W N F O lD 00 Ql Ul W N O lD 00 V Ol Ul .A N W G1 O m Z on v v n c� O p o (D 2 n c C Gl G7 o n v n v W n 0) 0) s X p m v N M OU (D c O O S W O O c rD fD O O C 'z 0) v x v° 3 rD m o 3 a N rD D D a c rD n°", D fm (n D m n' ao rD o rD 3 O rD 3 rt m o n c rD r rD(D o rt rD rD C Q On M .0- v c N p (D O W.. On M ro rot O 3 N,: v 2 c 3 Fes. L r rt 3 (n CL rD rt rD r. O_ rr r a y rD c O_ O fD O rD 3 3 rD a N n r N 0) co d n Ln p- d rr n 'O_ O Q 3 S (D rr n -0 n O N 00 v N rD d M fD 3 rD 3 rD 3 C O) 3 3 rD 3 r, 0-Ij :E CL S O rwr m W 00 3 S 3 n n 0G to 3 or aq Oq D v, v (D X. O r 0) 0) 3 O rD L, '6 O O rD 7r O p n O rD Ln 'o O S 3 rD v,' cr o tn' 00 O rD O 3 p 0) a' O o 'z O v c i O_ rD 3 f0 (�D N D 3 rt j n Cr rD O_ '6 7 N r-r O O O fD O rr fl- r+ 3 O_ 3 rD 0) p c O to O c N rt N- p 'O O_ 3 rr d 3 rt rD rr olq 3 !Z. -p S Ul rr n r+ (1 O "O fl.. rD :07 M. 3 p rt 0> 0L1 to rt O =r 3 r+ LX t rD Ln rD N 3 S 3 r rD O Q 'O O N O to p_ 3 t rD 3 z to rD O 0) C F n Q n O c •z r_ r p' d O_ 0) cn r rD r a4 tn' `n OA Ln rD rD fD O_ M O O_ n '�O A O O r+ rD r+ 3 3 n 3 n (D p C O d rD n (n C OU v O a" n O_ rp-r p_ 0°0 O N Ul C 3. r3•r -p O "D O. 3 n c O 3 3 v CA O 3 =i z D 3 rD rr OU to 3 n N to rt -p =r j' (D o 0 7' -a rD O F' rD O IT w c rD as o o =r r v 3 0 rD o, 0 CL rD 3 O_ I? L r�•r c p 3 0) rD (D rD 0 N n rD O) rD 0) -6 Ln O rF N Q v o Q s o d n c s r+ Ln a n O O 3 O n rD c r0 p 3� rt c? v a d Wp rt d o x n 3 O D O' 0 m n o fD LA 3 cL 3 ro N "6 S t''i, O0 to rt rD p rD m u w° Q 3 r rt d +Z O 0) tn' d s? v p to cr 3 O O n n 3 fD 3' o C-) h d n r+ c v t v S OA a Q 3 Ln D n rD D r v D C a c s m f D 70 r+ m r rD 01 (o rt n rD CL s' W D m 3 a'a o w O CL 3 3 fD Q 0 0 rD w m n Q 3 A rD rt a4 rr+ r+ O a) (TU 3 rD rD 0 3 r n O rt Q S O 0 fu fD Q F- F� (n Ln F' Ul N lT F� F� Ln N N F� O O O N F' O N F N W N Q O 0 0 0_ O_ 0- CL 0- CL CL O O_ Ln O_ Q O O O_ d O_ 0- O_ O_ CL 00 O IZ Q W 0J D_ Q. 0- 0) w 0) 0) 0) 0) 0) D_ w d 0) 0) d 0- 0) 0) 0) 0) 0) 0) 0) CL 0) a 0) 0 w D O_ A 0) `G v 0) `G `G `G `G `G `G `G t �v, �1 ,.1 ti to 0) V) �G 0) 0) `G d H to to •v to to to �G --j �G to •G •.J Ln to to to (n U m ti) V r+ F-' F+ lD lD l.D lD F•-� l.D N F-+ O\ w W (D 00 V V V\ 00 V V V V V V V V w Z N N (n A A A V W Ol W 01 t71 M M 4�- V V V (n (n (n (n to M V V tD 1D (D tD N 0 r+ N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O I--' F� I-� F•> N I--' F--' I--' I--' F' F-� N N N I--' F� I--' F-� V- F-� N N 1--� N F--� F F' 1--� F--� N F' N N O O O 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 00 00 DD 00 00 00 00 00 00 0p 00 00 00 00 00 00 00 00 00 00 00 00 00 O 00 00 00 00 00 00 00 0 O O O 0 0 0 0 0 0 0 O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CL O 010 0 1 0 1 0 1 0 0 0 0 01 101010 O O O O O 0 0 CIO 010 0 0 0 0 101010 0 1- F'•' F'� T �1 A F+ O O O (D F W W V V 00 00 w Q F+ O W w 00 00 00 00 V V V Dl M (n (n Ul (n .p CA N N F� F+ N N N F� 00 F� Q) In In V M A W W lT lD N W Ol Ol O W W �I (n F" F-� F\ -l) V V S (n (n (n Q) 4�-- V N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O N N N O O N N N O O O N O F-� I" F+ N F� F' F� F� F. F� F-� F-� F-� F-> N F N F" N F- O O O N F- O O O F� I--' N O N F� O O 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 O N N F+ O O N F- 1 0 0 0 F° O A 1-� F F" I- N F" I F- I N I F. F- t-� F N N F" N F" F� N 1-� O O O F O O O F-� N I--� O F D m V V V V V V V V V V V V V V V V V V V L, V 00 00 00 V V O O 00 V V V 00 V aaa aaaoaaa a oaa 00000 00000000 000000 D O O o O O o 0 0 0 o O O O O o 0 C 0 0 O O O O o 0 0 o 0 0 0 0 0 0 v o r r v r o r o r v v v v r (n 0o co 6 07 07 co co W(D co Co W rD N W W W W W W co 3 3 3 3 3 j O 0- sz 0- az a N �D N In 4 -6 A i/) N N {n• V). V/ to V) ih 1� 4 j)- ih V). i/) in V)- 4 j)- ilT V) in• h 0 N Ql l N V In F-� I--' V), V). N Fl N I-� N F� N N V) N N i N 4-1)- N F� i.n� i/) G N I--� l71 N W 00 w In In Ln Ql -A P- I--' 1-� In O F. .p N F-� O W I- 00 Ul 1--� O F°-� F F-� O O O %-o W N O CC O in (3) 00 00 00 Oo N in O O F in 00 O 00 O V F O O 00 in in O V) F� 00 00 •(h 00 O O V)- O N G) U7 O (n 0 O In O In is O O O O O O O O O (n O O O O O (n 0 0 0 0 0 (n (n 0 0 0 0 0 0 qjll O Fa 1 O': O ((D Ql �'r N'. t7 A t rt C Ln i�yp .fit W N' Hs: O': (�D :.W: 00 F' U'I'. V; N ih (n (n N N W W W w O O V V Ln (n MEMORANDUM TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: BARB PECKLER, SAAB LIAISON DATE: OCTOBER 4 T 2010 SUBJECT: DEVELOPMENT AGREEMENT FOR BUILDING 7 WHICH DESIGNATES BVO TO CONTRIBUTE $50,000 TOWARDS ART. 1. PURPOSE: The Surity has notified the Town that the funds are available and should be requested to pay for the $50,000 in public art called for in the Development Agreement for Interim Building 7. The purpose of this item is to review a proposed art project in Interim 7 that addresses functional needs in the bus bays and provides light and color in the bus drop -off area and through the vertical circulation in Interim Building 7. The Snowmass Arts Advisory Board has reviewed this concept and has provided a recommendation stated below. 11. BACKGROUND: As stated in the Development Agreement, (Building 7 Essential Public Facility See Attachment 1) February 16th, 2009 between the Town of Snowmass Village and BVO: Item #1.2 pg. 2 The Interim Building 7 will consist of the following as more fully described in the plans which are attached as Exhibit A in addition to any other specifications or construction details set forth in Exhibit A. o Item #1.2: Subsection (d)pg 3; The following items, which BVO and Town have agreed upon, to enhance the arrival experience of users of the Transit Center (Interim Building 7 Amenities); Item #1.2: Section (d); Sub Section (V)pg 3; A $50,000 contribution for public art within the Town of Snowmass Village. Scope and location of the public art to be mutually agreed upon between the Town, SAAB and BVO. Said contribution will be provided to the Town by the B7 completion date. The Surity has advised the Town since they are fulfilling the terms of the Performance Bond for interim 7 that they would like to satisfy the art requirement as expediently as possible. Staff made an initial request of the surety to simply provide $50,000 for a future art project. However, the Surity has maintained the position that they will only fund an actual art project. They asked that the Town develop a concept and an estimated price for the project before paying the Artist(s) directly for the project. The Transportation Department working with the Metro District determined that additional pedestrian direction is needed to focus pedestrians crossings at safe points in the bus bays and added that this could be done with art. Doug Casebeer who is on SAAB and from Anderson Ranch developed a concept for the Art. SAAB has reviewed this Art project and recommends moving forward with this project. The Base Village Metro District has also reviewed the concept and would accept the project in the building. The major components of this project include: Installing 2 undulating bars, painted yellow between the pillars in the bus bays to ensure pedestrians cross at the designated cross walk. Installing a steel cable between the pillars and hanging brightly colored objects that will rotate with the wind and are interchangeable. The proposed concept involves hanging metal sculptures of icons symbolizing homes. The proposed project comes to a total of $61,450.00 ($11,450.00 over budget). The Metro District commits to $11,450 to be paid upon completion of the project as requested and directed by TOSV to cover the over budgeted amount. The art project would come at no cost to the town. Doug Casebeer will be presenting his idea at the town council meeting for council review. III. STAFF RECOMMENDATIONS AND FINDINGS The SAAB board has reviewed the proposal from Mr. Casebeer and has agreed on three decisions /recommendations: 1. They have approved the artist selection process (which is a sole source method) due to the limited amount of time. 2. They have approved the idea and artwork submitted by Mr. Casebeer. 3. They would like to request that when the hanging art work is changed, whatever replaces it must first be approved by the Snowmass Arts Advisory Board. The Metro District has approved the project and has guaranteed the additional funds needed to complete Mr. Casebeers' proposal. Staff believes the project would also help improve pedestrian safety by directing them to use the pedestrian walkway. IV. ACTION REQUESTED OF COUNCIL To review Mr. Casebeer's presentation and determine if this meets the requirements for the Development Agreement under Item 1.2: Subsection d: Subsection V. If the Town Council finds the project acceptable in achieving the requirements of the project, then the project could be constructed in time for this ski season. It should be noted that the contract for the art work would be executed between the Surity and the artist. Attachment A: Development Agreement(Building 7 Essential Public Facility) excluding exhibits Attachment B: Doug Casebeers' written cost proposal Attachment A DEVELOPMENT AGREEMENT (Building Public Facility) THIS DEVELOPMENT AGRE ENE NT (this ree #nent is made effective as ofthe day of Febriiary, 2009 among BASE VILLAGE OVNER LLC, a Delaware limited liability company BVO and the TOWN OF SNOWMASS VILLAGE, COLORADO, a Colorado municipal corporation (the Town WHEREAS BVO owns that real property situated in the Town commonly known as Lot 3, Base Village P.U.D. Final Plat according to the Plat thereof filed February 2, 2006 as in Plat Book 77 at Page 3.1 (the "Plat of the records of Pitkin County, Colorado (the, "Prop erty"); and WHEREAS the Town Council bas appWved by- Ordinance No, 21 Series, of 2004 (the Ordinance the final Plat, inclutding a P.U.D. Guide (the PUD Guide and WHEREAS the Town Land Use and Development Code (the' authorizes the execution of "development agreements" by the Town. NOW, TREREVOR>;, in consideration of the mutual covenants contained herein, and other goad and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Conditions ofproval for Building _8 BVO agrees to perform the obligations set forth in Seotion 1.2 through Section 1..8 (the BVO Under takings which are conditioned on the Town Council approval of Building Minor PUD j Amendment, acid the Town. Council approval of the Building 8 lot split (the Building 8 Approvals The parties expressly acknowledge and agree than the .Building 8 Approvals are not conditioned on the performance by BVO of the BVO Undertakings, but rather that the performance by BVO of the BVO Undertakings are conditioned on the receipt of the Building Approvals. The BVO Undertakings, are acknowledged and agreed to have been voluntarily offered by BVO and are self-imposed by BVO in order to provide an .enhanced use and value of the Property, such-BVO Undertakings are commitments that BVO desires to inake to.secure an essential public feature. of the Base Village development (specifically to provide fof a safe and secutre arrival area to the Base Village development), to protect the public safety and welfare, to provide a benefit to the public at large .(and iiot jutst to benefit 13VO as the developer of the Propez ty), and to induce the Town# to grant the Building 8 Approvals. The Town Council will either grant or deny the Building 8 .Approvals based upon the Town's exeroise of its police powers and wall not grantor deny the Building 8. Approvals conditioned on the performance or nonperformance of the BV O Tjnderta�ings by BVO-; The action of the Towtu in entering into this Agreement is based upon the lmderstanding that the intent and spirit of the police power objectives of the Town relative to the Property are embodied in the development Witli the BVO Undertakings, and the Town is thus achieving its police power objectives and has not, by this Agreement, bargained away or otherwise {00221591.DOC 11)1 compromised any of its police powers, and this Agreement does not purport, either impliedly or expressly, to restrict or in any way interfere with the exercise of the Town's police powers as the final zoning authority for the Town of Snowmass Village. 1.1 BVO has completed the construction and installation of the transit center within the garage for the Base Village P.U.D. (the' Center' in accordance with the May 2006 garage permit plans set and Record of Decision No. 7 (the Garage Plan and the Transit Center has been inspected by the Town and the Town has issued a certificate of occupancy for the Transit Center. 1.2 BVO will provide vertical circulation from the bus stop in the parking garage located in what is currently referred to as the "Transit Center" area of Arrival Level P3 to the Village Level of Base Village within the footprint of Building 7 Interim Building 7 The Interim Building 7 will consist of the following as more fully described in the plans (the `I,lan which are attached as i i A in addition to any other specifications or construction details set forth in Exhibit A: (a) The following items, which are required to be provided in accordance with the Garage Plans: (i) Radiant heating system for passengers waiting areas within the Transit Center at Arrival Levu P3 shall be provided by BVO according to a design to be approved by Town.located adjacent to each bus bay. (the Heating System (b) The following items, which were agreed upon between the Town and Intrawest/Brush Creek Development Company, LLC but were not formally documented prior to BVO's acquisition of the Base Village P.U.D.: (i) The Transit Office (which may be relocated away from the parking entry gate as long as the relocation permits the Transit Center operator to observe the activities within the Transit Center) comprising no less than 96 square feet with an entry door, window, lay -in ceiling, heat, outlets, ventilation, painted drywall and painted cinderblock walls, and with a data line for Town supplied CCTV and other Internet services, including consent by BVO granting authorization to the Town to install an antenna for radio or other communications (the Transit Office and (ii) Conduit, stub connections and access to a distribution panel for power for the Town supplied variable messaging system and signage as shown on Exhibit A transit Office Utility Infrastructure (00221591.DOC t 1 (c) The following items, which BVO and Town have agreed upon, to enhance the vertical circulation and functionality of the Transit Center and Interim Building 7 (the Building 7 Vertical Conveyance (i) A series Of two escalators which will be installed between Arrival Level P3 and the Village Level, with the two escalators to be operated to move in one direction at a trine (and capable of reversing directions, depending on the time of day); (ii) A stair fi`orn Arrival Level P3 to the Village Level to provide additional public circulation; and (iii) Two (2) public elevators from Arrival Level P3 to the Village Level, (d) The following items, which BVO and Town have agreed upon,, to enhance the arrival experience of users of the Transit Center and Interim Building 7 (the Building 7 Amenities (i) The public restrooms within the interior space at Axtival Level P3 of the Transit Center; (ii) Day skier lockers on the bus stop level ofthe Transit Center, similar to the Town. approved plans for Building 7; (iii) Temporary landscaping between Building 7 and Building 2C as approved in the Interim Building 7.PUD amendment (the Temporary Landsca ing (iv)' Exterior fagade for Building Arrival Level P3 to the Village Level and exterior treatments along the wall located between Building 7 and Building 2C (the Exterior.Fagade and (v) A $50,000.00 contribution for public art within the i Town of Village. Scope and location of the public art to Yie mutually agreed upon between the Town,. SAAB and BVO. Said contribution will be provided to the Town by the B7 Completion Date.. (vi) Transit related amenities, including benelres, ski racks and trash receptacles to make the Transit Center fully firnctionaI and ready for: use by December 17, 2009. (vii) BVO grants authority to the Town to install, maintain and operate, an antenna within Base Village in perpetuity. BVO will install chase and conduit for said antenna. {0022I591.DO.Ct 1 }3 (e} The Transit Center, the Heating System, the Transit Office and the Transit Office Utility Infrastructure, the Building 7 Vertical Conveyance, and Building 7 Amenities (but excluding the Temporary Landscaping and the Exterior Facade) (collectively, these improvements are referred to as the Metro District Transit Center Facilities will be conveyed to Base Village Metropolitan District No. 1 (the Metro District subject to the obligations of the Metro District and the rights of the Town as provided in Section 1.7 hereof 1.3 BVO will build Interim Building 7 according to the Plans which are detailed fiuther in Exhibit A Conceptual renderings of the exterior of Interim Building 7 are attached as Exhibit C 1.4 BVO will finish Interim Building 7 and the Transit Center at Parking Level 3 will be operational, as demonstrated by a Certificate of Substantial Completion issued by the architect of record or the engineer of record for Building 7, by December 17, 2009 Coni,pletion Date Upon acceptance by the Town Manager of the Town (the "Town Manager or his designee, of the Certificate of Substantial Completion (the Acceptance the Bond shall be released and the Towii will execute any such documents as are reasonably necessary to accomplish the release of the Bond. The Acceptance shall not be unreasonably withheld or delayed, provided that, in the event weather or other factors beyond the reasonable control of BVO delay the installation of Interim a Building 7 sensitive to weather or such other factors, tile. Bond shall remain in full force and effect. The Town may, at its sole option, permit BVO to substitute other collateral acceptable to the Town for the Bond originally given by BVO to secure (lie completion of Interim. Building 7. BVO agrees to promptly correct any deficiencies in installation in order to meet the requirements of the Platys applicable to such installation. In the event such installation is not completed substantially within the Interim Building 7 Schedule (as set forth on Exhibit B attached hereto), if any, and according to the specific Plans therefor, the Town shall have the right to cause such work to be done as necessary to complete the installation in such manner and BVO shall be liable for the cost of such Interim Building 7 work, 1,5 BVO will immediately post a surety bond, approved by and in a form reasonably acceptable to the Town Manager., for Two Million Dollars ($2,000,000.00) (the Bond that will constitute the complete security for the estimated cost of the Interim Building 7, with terms as described below (the Conditions of Bond The Bond will be issued by a national surety company, qualified to do business in the State of Colorado which carries at least an "A-"rating by AM Best. The estimated costs of Interim Building 7 are an estimated amount mutually agreed at this time by BVO and tine Town as set forth in Exhibit.D attached hereto. In the event the cost of Interim Building 7 exceeds the estimated cost, BVO shall be solely responsible for the actual cost. No 10022159LDOC 11 }4 representations are made as to the accuracy of these estimates and BVO agrees to pay the actual costs of hitericn Building 7. 1.6 BVO agrees that the certificate of occupancy for Building 7 (including tha improvements detailed on the plans attached as Exhibit A), would be the next certificate of occupancy to be sought by BVO, and that no other certificates of occupancy would be sought by BVO or will be granted by TOSV before the Building 7 certificate of occupancy (based on the iimprovenients. detailed on the plans attached as Exhibit A), other than: (i) the certificates of occupancy for Building 13A, Building 13B, and Building 8; (ii) any certificates of occupancy for Plrase 1 of Base Village; (iii) any certificates of occupancy for any tenants in Building 13A or Building 1313; and (iv) any final certificates of occupancy related to previously issued temporary certificates of occupancy. Notwithstanding the foregoing, construction may proceed on oilier buildings but the certi ficate of occupancy for. Building 7 (including the improvements detailed on the plans attached as Exhibit A), would be the next certificate of occupancy to be sought by BVO. BVO agrees not to build Building 7 in accordance with the currently issued building permit for Building 7, and agrees not to seek any subsequent building permit for Building 7 unless and ufitil the Town and BVO review and assess the adequacy of the public circulation within Interim Building 7 based on the results of the actiial usage of the public circulation itr the Interim Building 7 during at least one winter and one summer season, taking into account whether the currently planned single one -way escalator movement within Interim Building 7 is sufficient between. the Transit Center and the Village Level. 1-3 Upon completion by BVO, and acceptance of the Metro District Transit Center Facilities by the Metro District, whether such acceptance occurs for all components at the same titre, or as each component thereof is completed and accepted, the Metro District will be tite owner (if and responsible for the long term operation and maintenance of the Metro District Transit Center Facilities so accepted by the Metro District, for the use and benefit of the public pur,5uatit to existing easements and agreements with BVO, as rewired by the tax-exempt bonds issued to.fmance such facilities'and the Amended and Restated Consolidated Service Plan for Base Village Metropolitan District Nos. 1 and 2 approved by the Town on October 17, 2006 (the Service Plan Consistent with such requirements, the Metro District, and the Town will enter into an intergoverinneintal agreement (tile Joint Outing IGA providing for the Town to have the right to adininister the use of the Transit Office,. the Transit Office Utility Infrastructure, the bus lanes, the pedestrian areas, and the other areas within the Transit Center designed and reasonably necessary for use by the TOw13 for public transportation purposes (tile Town Transit Facilities' The Joint Operating IOA will provide for priority use by the Town of the 'town Transit Facilities and may allow, subject to such terms and conditions as the Town may determine, for additional use of the Town Transit Facilities for private valet, shuttle, limousine, charter bus, or other transportation services. The joint Operating IGA will set forth fire obligations of the Metro District provide for (0022159LDOC 1 15 the operation and maintenance of the Town Transit Facilities including but not limited to the removal'of snow and ice buildup within the passenger waiting' areas consistent with the Service Pla►i and other intergovernmental agreement currently in effect with the Town. BVO and its successors or assigns will be responsible for the long term maintenance of the Temporary Landscaping and flue Exterior l'<acade and the remainder of the Building 7 and Interim Building 7 improvements not accepted by the Metro District. 1.8 BVO will submit a minor PUD amendment for Interim Building 7 to be processed in accordance with the Town's. Land Use Code. All parties will work cooperatively in order to process the minor PUD amendment application in a timely manner as necessary to achieve an opening date for the Transit Center and Interim Bui Iding 7 of December 17, 2009, 2, Conditions of Bond The conditions for issuance of the Bond are as follows: 2.1 BVO will post. Bond upon approval by the Town Manager as provided in Section 1.5, and the Bond will become effective upon the expiration of tile appeal period of the Building 8 Approvals described above, to the extent the Building 8 Approvals are granted (the Bond .Effective Date 2,2 The Bond will only be callable by Town after the Bond Effective Date and upon a Performance Default (as defined below), BVO will be required to demonstrate progress through monthly reporting to the Town. establishing that the progress of construction of the Interim Building 7 is consistent with the Interim Building 7 Schedule as Exhibit B and will be substantially complete by the B7 Completion Date. If for two (2) consecutive monflis BVO fails to show adequate progress establishing that the progress of construction of the Interim Building 7 is consistent with the Interim Building 7 Schedule as Exhibit B and will be substantially complete by the B7 Completion Date, the Town ►nay send a written default notice detailing the deficiency in such,progress, and BVO shall have a period of fourteen (14) clays to cure the specified default, If such default is not cured a Performance Default shall be deemed to have occurred, and the Town shall have the following remedies: (i) the Town may call the Bond; and (ii) the Town is under no further obligation to issue any further Certificates of Occupancy for Lot 2, Lot 3, Lot 4, Lot 5, Lot G or Lot 7 of the Base Village P.U,D,, unless and until the construction of the Interim Building 7 is substantially complete (whether such completion is perfornied by BVO, the surety under tl ►e Bond, a third party, or the Town). 23 The Bond shall terminate upon BVO's successful completion of the obligations in Section 1.2 through 1.6 above. 3:1 Default If BVO is in default in the perforcnanee of BVO's obligations, BVO shall have the right to cure said default after written notice by the Town of file (00221591.DOC 1 1 }6 default to BVO. If 13VO fails to cure such default within sixty (60) days after written notice is given from flue Town to BVO specifying the nature of the default (or if such default cannot be cured within the sixty (60) day period of time, if BVO shall fail to promptly commence to cure the same and thereafter diligently proceed with such cure), then the Town shall be entitled to undertake such work as may be necessary and appropriate to cure such default. The Town shall be entitled to full reimbursement for the reasonable costs of all such work. Any written notice required to be given to BVO shall be given by first class mail, postage prepaid, and by certified mail, returni receipt requested, to file following addresses set forth in Section 3.9 below. 3.2 Binding Effect This Agreement shall be binding upon the Town and BVO and shall inure to the benefit of BVO and its successors and assigns, as designated by a written assignment recorded in the Pitldh County Clerk and Recorders Office, 3.3 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 benefiting and burdening the Property or auzy 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. 3.4 Governing Law This Agreement shall be governed by and construed in accordance wit the laws of the State of Colorado, 3.5 Scope of Agreement The rights granted to BVO by this Agreement ale in addition to any other nights held by BVO under applicable law. 3.6 Interpretation Unless the context of this Agreement clearly requires otherwise: (a) terms defined in the singular may be used in the plural, and terms defuzed in the plural may be used in the singular; (b) "including`" and "such as" are not limited; (c) j or has the inclusive meaning represented by the phrase "and/or", (d) the words hereof, "herein," II tl hereunder hereof, herein, hereby, hereunder and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) Article, Section, clause, paragraph and Exhibit references are to this Agreement unless otherwise specified; and (f) references to any agreement (including this Agreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to tin le in accordance with ,the terms thereof and, if applicable, the terns hereof in the event of any conflict between a term, condition or provision, of this Agreement and a provision of file Town's Municipal Code, the tennis of this the Town's Municipal Code shall control. 3.7 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 file Town and BVO 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 {00221591.DOC 1) 7 particular act, thing or circumstance, such provision shall not affect or impair the validity, legality or en forceability o f this Agreement or any. provision Hereof as applied to any other act, tiring 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 BVO as expressed in this Agreement. 3.8 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 BVO and the Town. 3.9 Notices. Any notice to be given to BVO or the Town tinder this Agreement shall be given by or certified mail, overnight courier telecopy, telegram or hand delivered to the address of the party to whom notice is being given. Any notice sent by registered or certified mail will be deemed to Have been received three business following the date of mailing, Any notice sent by overnight courier will be deerned to have been received one business day following the date of delivery to the overnight courier. Either party may change its address for notice by advising the other panty in writing of such change, and until the other party is so advised, it will be entitled to continue sending notices to the last address it is advised of in writing If to the Town: Town.of Snowmass Village P.O. Box 5410 130 Kearns Road Snowmass Village, CO 81615 Attn: Town Manager With copy to: Town of Snowmass Village P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 Attn: Town Attorney i If to BVO: Base Village Owner LLC P.O. Box 6565 (USPS Only) 16 Kearns Road, P Floor (red Ex and UPS) Snowmass Village, CO 81615 Attn: Patrick N. Smith, President With a copy to: Krabacher I Sanders, P.C. 201 N. Mill Street, Suite 201 Aspen CO 81611 Attn: B. Joseph 1�4 3.10 Recordinis BVO 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. {00221591.DOC t 1 8 3.11 Ca ptious and Titles All captions and titles of headings of Articles and Sections in this Agreement are for the purpose of reference and convenience ajld are not to be deemed to Ifinit, modify or otherwise affeet an y of the provisions hereof or to be used in determining the intent or context thereof. IN WITNESS WHEREOF, the parties have caused this Development Agreement to be signed_ as of the date written above, TOWN: TOWN OF NOWMASS VILLAGE, COLORADO A Tonle r 111tH 1pality By: To n Manager I I t i {00221591.DOC t Q9 IN WITNESS WHEREOF, the parties have caused this Development Agreement to be signed as of the date written above. BVO: BASE VILLAGE OWNER LLC A Delaw re 'thited i company By: Prig N Title. I i I i i I {00221591.DOC 11 }10 Attachment B Art Project Proposal Arrival Area. Town Transfer Station Base Village. Scope of Project: 1. To enhance arrival experience through an art experience. 2. Direct pedestrian traffic flow to buses and slopes. Proposal: 1. Create a "village" of objects that remind guests of home, comfort, and a sense of well- being. Objects to be light hearted and bright. Objects to provoke contemplation and a sense of security, yet using humor, reverence, and the power of memory in objects. 2. Create low, undulating lines that both direct and restrict pedestrian traffic between concrete columns. 3. Create sculptural objects that fill the space above the escalator and connect the arrival zones to the ski slopes. Project Cost: $61,450. Completion date: mid November. Doug Casebeer 14 Sept 2010 Costs: Sculptural Objects between columns. 13 sheet metal objects $2600 powder coating and prep $6 hardware, cable, etc. $2,000 rentals and equipment $500 labor $500 miscel. $4,150 $46,650 Fence/Barrier. steel and metal pipe $1000 labor $2000 hardware $200 powder coating and prep $1000 miscel. $500 $4700. Escalator. metal objects $1000 hardware, cable, etc. $400 rentals and equipment $500 labor $1000 miscel. $200 $12,100 Not included is paint for the (yellow) north wall and the wall leading up the escalator to slope side exit. I would like to have this space painted a light, sky blue color. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: October 4, 2010 SUBJECT: FIRST READING ORDINANCE NO. 16, SERIES OF 2010 AMENDMENTS TO CHAPTER 16A, LAND USE AND DEVELOPMENT CODE Planner: Chris Conrad, Planning Director I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff has prepared twenty -eight (28) proposed amendments to Chapter 16A (Land Use and Development Code) of the Town of Snowmass Village Municipal Code included as Exhibit "A" of the enclosed ordinance. Action Requested: Grant first reading approval, modify or deny Ordinance No. 16, Series of 2010. The Public Hearing is scheduled for October 14 prior to second reading. 11. SUMMARY OF DESCRIPTION PROJECT: Attachment 1 is a "Redline" version of the proposed amendments included in Exhibit "A" of the enclosed ordinance. Changes are identified in red with stricken text being current language being deleted and underlined text identifying new language to be added. "Planning Notes" have been added as brown text to briefly discuss the changes being proposed. III. BACKGROUND: The Town Council approved Ordinance No. 1, Series of 2010 on February 22, 2010, thereby adopting the 2010 Town of Snowmass Village Comprehensive Plan (the "Comprehensive Plan Chapter 10, Actions and Implementation, of the Comprehensive Plan summarized the actions and implementations intended to implement goals and policies found in the individual Comprehensive Plan chapters. On May 17, 2010, the Town Council directed staff to prepare amendments to Chapter 16A of the Municipal Code as appropriate to implement Items 2, 6 and 8, Built Environment, of Chapter 10 of the Comprehensive Plan. Staff has proposed additional amendments to Chapter 16A of the Municipal Code. for consideration at this time. IV. APPLICABLE REGULATIONS: The application is being reviewed as amendments to text of Land Use and Development Code pursuant to Section 16A -5 -210 of the Snowmass Village Municipal Code "Municipal Code V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS: Town Council discussion on May 17, 2010 identified two (2) high priority items and six (6) other items of importance regarding the various action items within Chapter 10 selected for implementation. The high priority items were: 1. Chapter 7: Built Environment: "Modify development review criteria to require applicants to address carrying capacity at the time of development or land use submittal and require analysis of carrying capacity in staff review of the project." 2. Chapter 7: Built Environment: "Create standards to evaluate the pace and phasing of a development proposal with regard to construction impacts along with possible interruption of construction as it would affect the community as a whole." Code amendments relating to "carrying capacity" may be found as amendments referring to "Adequate Public Facilities" in Exhibit "A" (See Amendment No.'s 9, 10, 13, 21 and 28). Amendments relating to Pace, Phasing and construction interruptions may be found as Amendment No.'s 11, 12, 14 and 20. An explanation for each amendment may be found as brown text captioned "Planning Note:" in Attachment 1. One of the lower priority items (Modify design review process to consider a physical or virtual model that encompasses a significant portion of the surrounding context has also been addressed (See Amendment No.15). VI. STAFF RECOMMENDATIONS AND FINDINGS: Staff recommends that Town Council grant first reading approval of the ordinance, as may be amended at the meeting. VII. NEXT STEPS: The Public Hearing and second reading is scheduled for October 18. Staff is completing a Land Use Code amendment relating to "demolition" for consideration at their October 20 meeting. The employee housing regulations will require additional consulting work to update the research conducted two (2) years ago: Staff will also be working with Schmeuser Gordon Meyer to review and update the transportation impact analysis report regulations. Attachments: 1) Exhibit "A" Redline and Planning Notes. 2) Planning Commission Resolution No. 6, Series of 2010 3) Ordinance No. 16, Series of 2010 Exhibit "A" REDLINE VERSION (Page 1 of 11) 1 ATTACHMENT 1 2 3 Amendments to Chapter 16A 4 Town of Snowmass Village Municipal Code 5 6 The provisions of Chapter 16A of the Town of Snowmass Village Municipal Code are hereby 7 amended and restated as follows: 8 9 1. That all references to "Community Development Department" be amended to read 10 "Planning Department 11 12 Planning Note Community Development Department no longer exists. 13 14 2. That Section 16A -2 -20, Definitions, be amended as follows: 15 16 a. The following definition be added: 17 18 Planning dote: New Definition, 19 20 Hardscape means that part of a of a parcel's ground surface consisting of 21 structures such as plazas patios driveways and parking areas made with hard 22 impervious materials. 23 24 b. The definition of "Open Space" be amended to read: 25 26 Planning Note Each zone district requires that a specified percentage of land area 27 remain open space. The definition is amended to remove parking areas, roads and 28 driveways from being included as qualifying open space. 29 30 Open space means a portion of a lot or parcel which shall be unoccupied and 31 unobstructed by any above -grade structures, parking areas, roads, driveways or 32 real property zoned Open Space, depending on the context. 33 34 3. That the first paragraph of Section 16A- 4- 310(c), Reduction of Required Parking, 35 is hereby amended and restated as follows: 36 37 Planning Note This sentence added for clarification that the required amount of parking 38 may be reduced by proposing shared parking or an alternative parking plan. 39 40 I (c) Reduction of Required Parking. Parking may be proposed to be reduced by one or 41 more of the following options: 42 4. That Section 16A- 5- 50(a)(2), Complete application, is hereby amended and 43 restated as follows: 44 45 Planning Note The amendment clarifies that the number of applications submitted will 46 be determined by the Planning Department and requires a digital file of the application 47 unless determined to not be needed by the Planning Director. Exhibit "A" REDLINE VERSION (Page 2 of 11) 48 49 (2) Complete application. If the application is complete, the Planning Director shall certify as 50 complete determine the required number of copies of the submission documents to be Formatted: Font: (Default) Arial 51 submitted and assign the application an agenda date with the applicable review body. Unless Formatted: Font: (Default)Arial 52 not required by the Planning Director, the applicant shall also submit the application material in 53 an acceptable digital form for distribution and archival storage. 54 5. That Table 5 -2, Timing of required public notices, is hereby amended and restated 55 as follows: (See Next Page) 56 57 Planning Note Reduced the mailing notification period for Amendments to the Official 58 Zone District Map from 30 days to 15 days. The publishing and mailing requirements for 59 a Subdivision Amendment were reduced from 30 to 15 days. (See Next Page) 60 Exhibit "A" REDLINE VERSION (Page 3 of 11) 61 TABLE 5 -2 TIM ING OF REQUIRED PUBLIC NOTICES Days Prior To Hearing That Public Application Type Notice Must Be Given Published Mailed Posted Amendmentto 30 No No Comprehensive Plan Interpretation No No No Amendment to Text 15 No No of Development Code Amendmentto 15 3815 15 Official Zone District Map PUD Sketch Plan 10' No No (Planning Commission) PUD Sketch Plan 10 10 10 (Town Council) PUD Preliminary 30 30 15 Plan PUD Final Plan No No No PUD Amendment 15 30 15 (Major) 15 (Minor) Special Review 15 15 15 Variance 30 30 15 Administrative No 15 No Modification Subdivision No No No Exemption Subdivision 30 30 15 Subdivision 1538 1538 15 Amendment Annual Temporary 15 No 15 Use Administrative No N0 No Temporary Use Comprehensive 15 15 No Sign Plan No public hearing occurs before the Planning Commission; the required public notice is for the joint meeting, pursuant to Section 16A- 5- 320(cX4), Joint Meeting. 2 Mailed notice shall be by United States mail postage prepaid. 62 Exhibit "A" REDLINE VERSION (Page 4 of 11) 63 6. That the first paragraph of Section 16A- 5- 60(b)(3), Posting of notice, is hereby 64 amended and restated as follows: 65 66 Planning Dote The Planning Department used to provide the 22" x 26" sign posted by 67 the applicant to provide notice of the public hearing. The amendment requires that the 68 applicant prepare the sign for posting. 69 70 (3) Posting of notice. Posting of notice shall be accomplished by the applicant. The 71 applicant shall the sta# E)F shall prepare and use a form Formatted: Font: (Default)Ariai 72 approved by the staff. The applicant shall enter onto the sign the date, time, location and 73 purpose of the public hearing, and the name of the decision- making body conducting the 74 hearing. The applicant shall post the sign in a conspicuous location on the subject 75 property. 76 77 7. That Section 16A -5- 70(3), Amendment, is hereby added and shall be inserted to 78 proceed Section 16A -5- 70(3), Action, as follows: 79 80 Planning Mote This amendment to the Common Review Procedures section of the 81 Land Use Code is being added to establish a procedure for considering requests by 82 applicants to modify their application after the Planning Commission has completed its 83 review and provided their recommendations to the Town Council. 84 85 (3) Amendment If an applicant wishes to amend a submission after a Planning 86 Commission recommendation thereon, such request shall be made in writing and 87 presented to the Town Council during the public hearing. The Town Council shall 88 consider and make a determination as to whether the changes alter the nature of the 89 project from that described in the original submission to such an extent that 90 a) The amendment should not be allowed; 91 b) The amendment should be allowed but the Planning Commission should have 92 an opportunity to review the amendment and make a recommendation thereon; or 93 c) The amendment should be allowed, and the application should proceed without 94 additional hearings or consideration thereof. If the amendment is not allowed the 95 Town Council shall continue to consider the application without the amendment in 96 accordance with the provisions of this Section. If an additional Planning Commission 97 recommendation is to be made, the Town Council may, at its discretion table the 98 application until it has received the Planning Commission's recommendation on the 99 amendment. 100 Remand. An application may also be remanded to the Planning Commission when the 101 Town Council determines that the application as amended has otherwise been altered in 102 a significant manner following the Planning Commission's action on the preliminary PUD 103 The Town Council shall table the application until it has received the Planning 104 Commission's recommendation on the changes. 105 106 Current Section 16A -5- 70(3), Action, through Section 16A -5- 70(5), Inactive 107 applications, shall be renumbered accordingly. 108 Exhibit "A" REDLINE VERSION (Page 5 of 11) 109 8. That the wording "shall submit a complete package of the requested materials to 110 the Planning Director at least seven (7) days prior to the next scheduled meeting 111 of that board." in Section 16A- 5- 300(b)(3)b., Requests for additional information, is 112 hereby amended and restated as follows: "shall submit a complete package of the 113 requested materials to the Planning Director at least fourteen (14) days prior to the 114 next scheduled meeting of that board." 115 116 Planning Note This section concerns circumstances when applicants are requested by 117 the Planning Commission or Town Council to submit additional information or to amend 118 their PUD application. The amendment extends the deadline for submitting the 119 requested information or amendment from 7 to 14 days prior to the next scheduled 120 meeting of that board. This is necessary to allow staff adequate time to review the 121. material and prepare the staff report in time to meet established packet deadlines. 122 123 9. That Section 16A- 5- 300(c)(10), Adequate Public Facilities, is hereby added as 124 follows: 125 126 Planning Note Amendment No. 10 below deletes the current "Adequate facilities" PUD 127 Review Standard. It is intended to be replaced with this amendment which establishes 128 Adequate Public Facilities as a General Restriction. The Land Use Code specifies that 129 a PUD application must be fully in compliance with the General Restrictions; therefore, 130 public facilities must be shown to be adequate and /or will be made available as needed 131 to support the proposed development. 132 133 dlO) Adequate Public Facilities. A final plan shall not be approved unless the Town Formatted: Fontc000r: Red 134 Council determines that public facilities will be adequate to support and service the area Formatted: underline, Font color: Red 135 of the proposed development or that needed public facilities and services will be made 136 available concurrently to offset the potential impacts of such development Public 137 facilities and services to be examined will include but not be limited to: storm drainage: 138 roads and their maintenance; public transportation service and facilities; pedestrian 139 circulation; sewerage and sanitary facilities. water availability and serviceability' solid 140 waste disposal: fire and emergency medical services and electrical service The 141 applicant shall show that: 142 a. Adequate facilities and car[ying capacity exist at the time of develo ment or will Formatted: Fontcoior Red 143 be provided to the PUD and affected areas prior to completion of each building or Formatted: underline, Font color: Red 144 phase of the development necessitating the demand for said facilities or capacity 145 146 b. The PUD has been located so as to be reasonably convenient in relation to Formatted: Fontcoior: Red 147 police and fire protection, emerg 148 ency medical services and schools• Formatted: Underline, Font color: Red 149 c. The PUD will accommodate the efficient Rrovision of local and regional transit Formatted: Font color: Red 150 faCIIIt18S and SerVICBS. 151 Formatted: Underline, Font color: Red 152 10. That Section 16A -5- 310(7), Adequate facilities, is hereby stricken and subsequent 153 review standards are renumbered accordingly. 154 155 Planning dote Deleted to be replaced with the above General Restriction. 156 Exhibit "A" REDLINE VERSION (Page 6 of 11) 157 11. That renumbered Section 16A -5- 310(8), Phasing, is hereby amended to read as 158 follows: 159 160 Planning Note This Review Standard is being amended to require that each phase of a 161 development address the provision of Adequate Public Facilities and that the 162 construction impacts of both the pace and phasing, including the possibility of 163 interruptions of construction, must be satisfactorily addressed prior to granting any PUD 164 approval. 165 166 (8) Phasing. If the PUD is to be developed in phases, then each phase shall contain 167 the required streets, utilities, landscaping and other public facilities or improvements that 168 are necessary and desirable for residents of the project. If the PUD incorporates any 169 amenities for the benefit of the Town, such as trail connections, these shall be constructed 170 within the first phase of the project, or, if this is not possible, then as early in the project as 171 is reasonable. 172 173 The pace and phasing shall be evaluated with regard to construction impacts along with Formatted: Underline, Font color: Red 174 possible interruption of construction as it would affect the community as a whole. 175 176 12. That Section 16A -5- 310(9), Construction Interruptions, is hereby added and shall 177 be inserted to follow renumbered Section 16A -5- 310(8), Phasing, to read as 178 follows: 179 180 Planning Note This Review Standard is being added to specifically require that the 181 applicant must satisfactorily demonstrate that a suitable contingency plan has been 182 provided to respond to potential construction interruptions. 183 184 (9) Construction InterruQtions The development application shall provide a Formatted: Underline, Font color: Red 185 reasonable restoration and /or remediation contingency plan to mitigate impacts resulting 186 from any potential extended interruption of construction affecting the community as a 187 whole. Surety or security will be necessary to ensure implementation of the plan. 188 189 13. That Section 16A- 5- 340(b)(10), Necessary facilities, is hereby is hereby amended 190 and restated as follows: 191 192 Planning Note Section 16A- 5- 340(b) contains questions the Planning Commission and 193 Town Council should consider in a detailed manner during review of a preliminary PUD 194 plan application. This amendment adds a question specific to providing facilities and 195 services concurrently with each phase of the project. 196 197 (10) Necessary facilities. Has the applicant provided detailed engineering plans and 198 reports demonstrating the type, location and capacity of the water supply, sewage dis- 199 posal, solid waste disposal, fire protection and other necessary facilities that will be 200 constructed to serve the project? 201 serve— the- i)re7est. Will needed public facilities and services be made available 202 concurrently to offset the potential impacts of such development? 203 14. That Section 16A- 5- 340(b)(11), Pace and phasing, is hereby added and shall be 204 inserted to follow Section 16A- 5- 70(b)(10), Necessary facilities, to read as follows: Exhibit "A" REDLINE VERSION (Page 7 of 11) 205 206 Planning Note These additional questions relate to the pace and phasing of the 207 development proposal. 208 209 (11) Pace and Phasing., Has the applicant provided a sufficiently detailed phasing 210 proposal to ensure that the development phasing will occur in an efficient and orderly 211 manner with consideration given to construction and other impacts to the community? 212 Have all phases including the initial phase been designed to sustain itself and function 213 as a complete development not reliant on subsequent phases to operate in an efficient 214 and orderly manner? Has the applicant provided a reasonable contingency plan to mitigate 215 impacts resulting from any possible interruption of construction as it would affect the 216 community as a whole? 217 218 Current Section 16A- 5- 340(b)(11), Restricted housing, through Section 16A -5- 219 340(b)(16), Community welfare, shall be renumbered accordingly. 220 221 15. That Section 16A- 5- 340(c)(2)e.3., Block model, is hereby amended and restated as 222 follows: 223 224 Planning Note The submission requirement for providing a block model is being 225 amended to increase the amount of surrounding area included and to enable the 226 Planning Director to establish the level of detail that needs to be shown. 227 228 3. Block model. A block model illustrating the cubic volume and design of the 229 above ground portion of all proposed major structures included in the development. 230 The descriptive materials shall also be sufficient to demonstrate the relationship, in 231 terms of cubic volume, between such proposed structures in the development and 232 I other major structures iR the immediate vieinit encompassing significant portion of 233 existing properties surrounding the development. The Planning Director may accept 234 computer generated three dimensional or other visual imagery in place of the block 235 model if it is felt that it would better aid the public and reviewing bodies to visually 236 understand the spatial, mass, scale and visual relationships of the development to 237 surrounding properties. A model may still be required during the course of the review 238 process if determined necessary to adequately evaluate the development proposal. 239 Before preparing the block model or visual imagery the applicant shall confer with 240 the Planning Director to determine the contextual boundary needed and level of detail 241 required for properties surrounding the subject property in order to provide a 242 neighborhood context for the proposed development. The visual imagery and /or model 243 shall roughly depict the building colors and materials proposed for the development. 244 16. That Section 16A- 5- 340(c)(2)e.4., Color and materials, is hereby is hereby added to 245 read as follows: 246 247 Planning Note The Planning Department has requested color and material samples or 248 imagery with PUD applications. This amendment now requires that they be provided. 249 250 4. Color and Materials. A color and materials sample board or sufficiently detailed Formatted: underline, Fontcolor: Red 251 visual imagery to represent the materials and colors for the buildings and other Exhibit "A" REDLINE VERSION (Page 8 of 11) 252 I architectural features being proposed. 253 17. That the wording "as provided to the applicant prior to the submission." in 254 Section 16A- 5- 340(c)(2)g., Fiscal impact report, is hereby amended and restated as 255 follows: "as provided to the applicant by the Planning Department prior to the 256 submission." 257 258 Planning Note This amendment clarifies that the criteria and assumptions to be utilized 259 by the applicant in preparing the fiscal impact report are established in advance by the 260 Town and provided to the applicant by the Planning Department, 261 262 18. That Section 16A- 5- 340(c)(2)m., Water supply and sewage disposal, is hereby 263 amended and restated as follows: 264 265 Planning Note This amendment clarifies that the criteria and assumptions to be utilized 266 by the applicant in preparing the water supply and sewage disposal plan are established 267 and provided to the applicant by the Snowmass Water and Sanitation District, 268 269 m. Water supply and sewage disposal. Detailed plans and reports, prepared by a 270 registered professional engineer or water supply expert acceptable to the Snowmass 271 Water and Sanitation District describing the location, type and timing of proposed water 272 supply and sewage disposal facilities and lines to be constructed. The report shall 273 describe water conservation methods to be employed and shall provide a detailed 274 estimate of the project's average daily and maximum water requirements and sewer 275 impacts. This report shall be based on criteria and assumptions established and provided 276 by the District prior to the submission of the report The applicant shall then obtain from 277 the District a confirmation that, based upon the data 278 submitted for this review, the assumptions, conclusions and calculations from J%4ch -plan+ 279 review- remain valid. In the alternative, the District shall identify those changes or 280 revisions to the conceptual water and sewer reports required as a result of the District's 281 analysis of the preliminary submission. 282 19. That Section 16A- 5- 340(c)(2)o.4., Anticipated ridership, is hereby amended with the 283 addition of: "The report shall also analyze the proposal's impact on the Town's 284 transportation system and provide a description of shuttle stop improvements that 285 may be.necessary to safely and effectively provide service to the development." 286 287 Planning Note This amendment to the transportation Impact analysis provisions 288 specifically requires an analysis of whether shuttle stop improvements proximate to the 289 development should be provided. This is not clearly required at this time. 290 291 20. That Section,16A- 5- 340(c)(2)t., Construction management plan, is hereby amended 292 and restated as follows: 293 294 Planning Note Requires that a contingency plan be provided to address interruptions to 295 construction. 296 297 t. Construction management plan. A detailed construction management plan 298 describing development phasing, construction schedules and measures for mitigating Exhibit "A" REDLINE VERSION (Page 9 of 11) 299 impacts associated with all aspects of the project. This would include a reasonable 300 contingency plan to mitigate visual safety and public welfare impacts resulting from any 301 interruption of construction as it would affect the community. Surety or security may be 302 necessary to ensure implementation of the plan. 303 304 21. That Section 16A- 5- 340(c)(2)u., Adequate Public Facilities Report, is hereby is 305 hereby added to read as follows: 306 307 Planning dote An adequate facilities report will now be required with any Preliminary 308 PUD application. 309 310 u. Adequate Public Facilities Report. A detailed public facilities report 311 demonstrating that public facilities will be adequate to support and service the area of 312 the proposed development or that needed public facilities and services will be made 313 available concurrently to offset the potential impacts of development as such impacts 314 commence. Public facilities and services to be examined will include but not be limited 315 to: storm drainage; roads and their maintenance; public transportation service and 316 facilities; pedestrian circulation; sewerage and sanitary facilities water availability and 317 serviceability; solid waste disposal; fire and emergency medical services and electrical 318 service. The report may summarize the applicable capacity and demand analysis 319 information and recommendations contained within other submission reports and shall: 320 321 a. Identify the public facilities, service levels and carrying capacity that exist prior 322 to the submission of the development application; 323 324 b. Specifically identify and describe the additional public facilities service levels 325 and carrying capacity that will be necessary and provided to the PUD and affected 326 areas prior to completion of each phase and /or building within the development 327 necessitating the demand for said facilities services or capacity 328 329 c. Describe the intended provisions to be made for the timing location and 330 financing of the public facilities service levels and carrying capacity that will be 331 needed to adequately support and service the area of the proposed development 332 333 334 22. That the wording "Within ten (10) days of the joint meeting, the Planning 335 Commission shall hold a public hearing pursuant to Section 16A -5- 70(2)..." in 336 Section 16A- 5- 340(8), Planning Commission Public Hearing, is hereby amended 337 and restated as follows: "Within twenty -one (21) days of the joint meeting, the 338 Planning Commission shall hold a public hearing pursuant to Section 16A -5- 339 70(2)... 340 341 Planning Mote The time period between the Preliminary PUD joint meeting and 342 Planning Commission Public Hearing is increased from 10 days to 21 days in order to 343 provide time to submit a legal notice for publication 15 days prior to any public hearing. 344 345 23. That Section 16A- 5- 360(c)(2 )f., Landscape guarantee, is hereby added to read as 346 follows: 347 Exhibit "A" REDLINE VERSION (Page 10 of 11) 348 Planning Note This clarifies the requirement of a landscape guarantee and 3 year 349 warrantee. 350 351 f. Landscape guarantee. The landscape guarantee shall be in the form of a written 352 agreement to ensure implementation of the landscape plan and maintenance of the 353 landscaping Such agreement shall include a pledge of security for performance of 354 said agreement. The agreement shall obligate the applicant to purchase and install 355 the landscaping improvements and irrigation according to the specific planting 356 schedule, landscape and irrigation plan and to guarantee the continued maintenance 357 and replacement of the landscaping for a period of two (2) years after installation The 358 amount and form of the security shall be as described in Section 16A- 5- 360(c)(2)(e) 359 Subparagraphs 3a) and 3b). 360 361 Such agreement shall provide that an appropriate amount shall be retained until the 362 fully completed improvements have been maintained in a satisfactory condition for two 363 2 ears. 364 365 24. That Section 16A- 5- 360(c)(2)g., Development Agreement, is hereby added to read 366 as follows: 367 368 Planning Mote This amendment identifies that a development agreement may be 369 submitted (optional) with the Final PUD application. The Land Use Code does call for a 370 development agreement when a Final PUD has been granted extended vested rights. 371 This amendment identifies other possible items that the applicant may wish to address 372 by entering into a development agreement with the Town. The addition of this language 373 is not needed for development agreements to be submitted and its inclusion into the 374 Land Use Code is optional. 375 376 g. Development Agreement. In connection with any discretionary development 377 approval, the Town Council may enter into a development agreement with the 378 applicant. Development agreements are voluntary contracts between the applicant and 379 the Town that may include provisions clarifying the phasing of construction; the timing, 380 location, and financing of public or private infrastructure; reimbursement for oversized 381 infrastructure: vesting of property rights; assurances that adequate public facilities 382 (including roads water, sewer, fire protection and emergency medical services) will be 383 available as they are needed to serve the development and mitigation of impacts of 384 the development on the general public. 385 386 Development agreements may, without limitation contain the following: 387 388 (1) Provisions for the reservation or dedication of land for public purposes; 389 390 (2) Provision for the timing location and financing of public facilities (including 391 roads water, sewer, fire protection and emergency medical services); 392 393 (3) Provision for the timing location and maintenance of private on -site 394 improvements including landscaping of common open space trails and 395 amenities for residents, users, or the public; 396 Exhibit "A" REDLINE VERSION (Page 11 of 11) 397 (4) Provisions for the reimbursement of oversized infrastructure or other facilities; 398 399 (5) Proposed timing and phasing of public and /or private construction; 400 401 (6) Provisions to mitigate the impacts of the proposed development on the 402 general public or nearby properties including off -site improvements and the 403 protection of environmentally sensitive lands; 404 405 (7) Provisions for public benefits or improvements in excess of what is required 406 by current Municipal Code; 407 408 (8) Terms for subsequent discretionary actions provided such terms shall not 409 prevent the development of the property for the uses set forth in the 410 agreement; 411 412 (9) Provisions that construction shall begin by a specified date or that certain 413 phases shall be completed within a specified time 414 415 (10) Provisions for the implementation of a reasonable contingency plan to 416 mitigate visual safety and public welfare impacts resulting from any 417 possible extended interruption of construction as it would affect the 418 community as a whole; 419 420 01) Provisions for the vesting of property riqhts pursuant to Section 16A -5 -90 of 421 the Municipal Code; 422 423 (12) A termination date for the development agreement and /or 424 425 (13) Any other provisions appropriate to guide the completion of the 426 development as approved. 427 428 25. That Section 16A- 5- 360(c)(7), Recording of final plan, is hereby amended to read as 429 follows: 430 431 Planning Dote Clarifies current procedure for administratively recording final 432 documents relating to the Final PUD approval. 433 434 (7) Recording of final plan. Within ninety (90) days of the date of approval of 435 the final PUD plan, the applicant shall submit Mylaf -three (3) copies of the final plan 436 to the Planning Director, together with any other documents that are to be recorded,, 437 at minimum including the site plan together with the PUD Guide or land use 438 summary chart or table All documents shall be executed and suitable for recording.. 439 The final PUD plan, maps and plat shall also be submitted in a digital form 440 acceptable to the Planning Director, for incorporation in the Town's geographic 441 information system (GIS) and archival storage 442 443 a. Planning Director review. The Planning Director shall review the documents 444 to ensure they comply with the terms and conditions of approval, shall obtain 445 Town signatures for all of the applicable certificates on the final plan and Exhibit "A" REDLINE VERSION (Page 12 of 11) 446 I documents 447 b. Recording by- applicant -of final documents .__The_applieant_Plannin Director Formatted: Underline, Fontcolor. Red 448 shall thereafter cause the documents to be recorded in the records of the 449 County Clerk and Recorder, at the applicant's expense. 450 26. That Section 16A -5- 390(1), Amendment of final PUD is hereby amended to read as 451 follows: 452 453 Planning Note Clarifies that the Planning Director may determine the appropriate 454 procedure for processing an amendment of a Final PUD and provides for the 455 determination to be appealed to the Town Council by the Applicant is desired. 456 457 An applicant may amend an approved final PUD by complying with the following 458 procedures and standards. 459 460 (1) Overview of amendment procedures. There are three (3) types of 461 amendments, with corresponding procedures, that an applicant may propose to a 462 PUD. The Planning Director shall determine whether the amendment proposal should 463 be classified as an administrative maior or minor amendment taking into 464 consideration the totality of the circumstances of the proposed amendment together 465 with the procedures and standards set forth in this Article. The determination of the 466 Planning Director may be immediately appealed by the Applicant to the Town Council 467 pursuant to the provisions of Section 16A -5 -80, Appeals. The applicable procedures 468 for each type of amendment are as follows: 469 470 a. Administrative amendment. An administrative amendment to an approved 471 PUD may be considered pursuant to Section 16A -5 -250, Administrative 472 Modifications. 473 474 b. Minor amendment. A minor amendment to an approved PUD shall comply 475 with the procedures of Subsection (2), Procedures for Minor Amendment of 476 Final PUD, and with the standards of Subsection (3), Review Standards. 477 478 c. Major amendment. A major amendment that would substantially modify all or 479 a part of an approved PUD, or any amendment to an approved PUD that 480 does not comply with the provisions of Subsection (3), Review Standards, 481 shall require a full PUD process. During the full PUD process, the Town shall 482 determine whether the application complies with the standards of Section 483 16A- 5- 300(c), General Restrictions, and Section 16A -5 -310, Review 484 Standards, and shall also consider (but not be bound by) whether the 485 application complies with the standards of Subsection (3), Review Standards. 486 487 27. That Section 16A- 5- 390(2)f., Recording of amended plan, is hereby amended to 488 read as follows: 489 490 Planning Note Clarifies current procedure for administratively recording final 491 documents relating to an Amended Final PUD approval. 492 Exhibit "A" REDLINE VERSION (Page 13 of 11) 493 f. Recording of amended plan. Within ninety (90) days of the date of approval of 494 the amendment, the applicant shall submit three (3) Myiar copies, suitable for 495 recording, of the amended plan to the Planning Director, together with any other 496 documents that are to be recorded at minimum including the site plan together with 497 the revised PUD Guide or land use summary chart or table All documents shall be 498 executed and suitable for recording. The Planning Director shall review the 499 documents to ensure that they comply with the terms and conditions of approval, 500 shall obtain Town signatures for all of the applicable Gedficutes -the amended 501 pI2fi -dgCtS and shall Formatted: Underline, Font color: Red 502 record the documents in the records of the County Clerk and Recorder, at the 503 applicant's expense. The final amended plan maps and documents shall also be 504 submitted in a digital form acceptable to the Planning Director, for incorporation in 505 I the Town's geographic information system (GIS) and archival storage Formatted: Underline, Font color: Red 506 28. That Section 16A- 5-440(5), Adequate facilities, is hereby amended to read as 507 follows: 508 509 Planning Note Amends the Subdivision review standards by deleting the existing 510 "Adequate facilities" standards and replacing it with the "Adequate Public Facilities" 511 standard being proposed as a PUD General Restriction (See Amendment 9 above). 512 513 514 be- provided te- the proposed- subd+vision for-water -soppy sewage- disposal, -solid 515 516 517 relation 4o- police-and- fire- preteotien-, emergency- medical services- and --sc- hook; -and 518 519 facilities and ser�;c�: 520 521 (5) Adequate Public Facilities The proposed subdivision shall not be approved 522 unless the Town Council determines that public facilities will be adequate to support 523 and service the area of the proposed development or that needed public facilities 524 and services will be made available concurrently to offset the potential impacts of 525 such development. Public facilities and services to be examined will include but not 526 be limited to: storm drainage; roads and their maintenance; public transportation 527 service and facilities, pedestrian circulation; sewerage and water service; solid 528 waste disposal; fire and emergency medical services; and electrical service The 529 applicant shall show that: 530 a. Adequate facilities and carrying capacity exist at the time of development or will 531 be provided to the subdivision and affected areas prior to the issuance of a building 532 permit for any lot or phase of the development necessitating the demand for said 533 facilities or capacity; 534 535 b. The subdivision has been located so as to be reasonably convenient in relation 536 to police and fire protection, emergency medical services and schools; 537 538 c. The subdivision will accommodate the efficient provision of local and regional 539 transit facilities and services. ATTACHMENT 2 TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION NO. 06 SERIES OF 2010 A RESOLUTION PROVIDING PLANNING COMMISSION RECOMMENDATIONS REGARDING AMENDMENTS TO CERTAIN PROVISIONS OF CHAPTER 16A THE SNOWMASS VILLAGE MUNICIPAL CODE. WHEREAS, the Town Council approved Ordinance No. 1, Series of 2010 on February 22, 2010, thereby adopting the 2010 Town of Snowmass Village Comprehensive Plan (the "Comprehensive Plan and WHEREAS, Chapter 10, Actions and Implementation, of the Comprehensive Plan summarized the actions and implementations intended to implement goals and policies found in the individual Comprehensive Plan chapters; and WHEREAS, amendments to Chapter 16A of the Snowmass Village Municipal Code "Municipal Code are necessary to implement certain action items identified within the Comprehensive Plan; and WHEREAS, on May 17, 2010, the Town Council directed staff to prepare amendments to Chapter 16A of the Municipal Code as appropriate to implement Items 2, 6 and 8, Built Environment, of Chapter 10 of the Comprehensive Plan; and WHEREAS, staff has proposed additional amendments to Chapter 16A of the Municipal Code for consideration at this time; and WHEREAS, the amendments contained in this Resolution are being processed under the provisions of Section 16A -5 -210 of the Municipal Code; and WHEREAS, the Planning Commission reviewed the amendments on August 18 and September 15, 2010; and WHEREAS, this resolution formalizes the Planning Commission recommendations regarding those amendments further described in Exhibit "A attached hereto and incorporated herein by reference. WHEREAS. the Planning Commission has determined that the amendments and revisions to the Municipal Code as hereinafter set forth are necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Town of Snowmass Village: Section One Findings. Based upon the information provided and the testimony given during the meetings, the Planning Commission finds as follows: 1. The procedural requirements set forth in Section 16A -5 -210 of the Municipal Code have been satisfied. PC Reso. 10 -06 Page 2 2. The proposed amendments comply with the applicable review standards specified within Section 16A- 5- 210(e) of the Municipal Code. Section Two Recommendation to the Town Council. The Planning Commission recommends that the Town Council favorably consider the amendments to Chapter 16A of the Municipal Code as described in Exhibit "A READ, APPROVED AND ADOPTED, as amended, by the Planning Commission of the Town of Snowmass Village on September 15, 2010 upon a motion by Commission Member Crouch, the second of Commission Member Aiken, and upon a vote of 7 in favor and 0 against. TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION Bob Purvis, Chairman ATTEST: Kristi Holliday, Planning Commission Secretary ATTACHMENT 3 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 ORDINANCE No. 16 4 SERIES OF 2010 5 6 AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF 7 CHAPTER 16A, LAND USE AND DEVELOPMENT CODE, OF THE TOWN OF 8 SNOWMASS VILLAGE MUNICIPAL CODE. 9 10 WHEREAS, the Town Council approved Ordinance No. 1, Series of 2010 on 11 February 22, 2010, thereby adopting the 2010 Town of Snowmass Village Comprehensive 12 Plan (the "Comprehensive Plan and 13 14 WHEREAS, Chapter 10, Actions and Implementation, of the Comprehensive Plan 15 summarized the actions and implementations intended to implement goals and policies 16 found in the individual Comprehensive Plan chapters; and 17 18 WHEREAS, amendments to Chapter 16A of the Snowmass Village Municipal 19 Code "Municipal Code are necessary to implement certain action items identified within 20 the Comprehensive Plan; and 21 22 WHEREAS, on May 17, 2010, the Town Council directed staff to prepare 23 amendments to Chapter 16A of the Municipal Code as appropriate to implement Items 2, 24 6 and 8, Built Environment, of Chapter 10 of the Comprehensive Plan; and 25 26 WHEREAS, staff has proposed additional amendments to Chapter 16A of the 27 Municipal Code for consideration at this time; and 28 29 WHEREAS, the amendments contained in this Resolution are being processed 30 under the provisions of Section 16A -5 -210 of the Municipal Code; and 31 32 WHEREAS, the Planning Commission reviewed the amendments on August 18 33 and September 15, 2010; and 34 35 WHEREAS, on September 15, 2010, the Planning Commission adopted 36 Resolution No. 6, Series of 2010, unanimously recommending approval of the proposed 37 amendments; and 38 39 WHEREAS, the Town Council commenced review of the application on October 4, 40 2010 and further discussed the item on October 18, 2010; and 41 42 WHEREAS, the public hearing notice was published in the Snowmass Sun on 43 September 22, 2010 for the Town Council meeting on October 18, 2010 to consider Town 44 staff and Planning Commission recommendations and receive public comments; and 45 46 WHEREAS, The Town Council has determined that the amendments to the 47 Municipal Code as hereinafter set forth are necessary for the public health, safety and 48 welfare. 49 TC Ord 10 -16 Page 2 of 2 50 NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE 51 TOWN OF SNOWMASS VILLAGE, as follows: 52 53 Section One Amendments to Chapter 16A. The provisions of Chapter 16A of the 54 Municipal Code are hereby amended and restated as set forth in Exhibit "A attached 55 hereto and incorporated herein by reference. 56 57 Section Two Severability. If any provision of this Ordinance is held invalid, the invalidity 58 shall not affect any other provision or application of this Ordinance which can be given 59 effect without the invalid provision, and, to this end, the provisions of this Ordinance are 60 severable. 61 62 READ, APPROVED AND ADOPTED by the Town Council of the Town of 63 Snowmass Village on First Reading on October 4, 2010 upon a motion by Council 64 Member the second of Council Member and upon a 65 vote of in. favor and opposed. 66 67 READ, APPROVED AND ADOPTED by the Town Council of the Town of 68 Snowmass Village on Second Reading on October 18, 2010 upon a motion by Council 69 Member the second of Council Member and upon a 70 vote of in favor and opposed. 71 72 TOWN OF SNOWMASS VILLAGE 73 74 75 Bill Boineau, Mayor 76 ATTEST:, 77 78 79 Rhonda B. Coxon, Town Clerk 80 81 82 APPROVED AS TO FORM: 83 84 85 86 John C. Dresser, Jr., Town Attorney 87 Exhibit "A" Town Council Ordinance No. 16, Series of 2010 (Page 1 of 10) 1 Amendments to Chapter 16A 2 Town of Snowmass Village Municipal Code 3 4 The provisions of Chapter 16A of the Town of Snowmass Village Municipal Code are hereby 5 amended and restated as follows: 6 7 1. That all references to "Community Development Department" be amended to read 8 "Planning Department 9 10 2. That Section 16A -2 -20, Definitions, be amended as follows: 11 12 a. The following definition be added: 13 14 Hardscape means that part of a of a parcel's ground surface consisting of 15 structures, such as plazas, patios, driveways and parking areas made with hard 16 impervious materials. 17 18 b. The definition of "Open Space" be amended to read: 19 20 Open space means a portion of a lot or parcel which shall be unoccupied and 21 unobstructed by any above -grade structures, parking areas, roads, driveways or 22 real property zoned Open Space, depending on the context. 23 24 3. That the first paragraph of Section 16A- 4- 310(c), Reduction of Required Parking, 25 is hereby amended and restated as follows: 26 27 (c) Reduction of Required Parking. Parking may be proposed to be reduced by one or 28 more of the following options: 29 4. That Section 16A- 5- 50(a)(2), Complete application, is hereby amended and 30 restated as follows: 31 32 (2) Complete application. If the application is complete, the Planning Director shall certify as 33 complete, determine the required number of copies of the submission documents to be 34 submitted and assign the application an agenda date with the applicable review body. 35 Unless not required by the Planning Director, the applicant shall also submit the application 36 material in an acceptable digital form for distribution and archival storage. 37 5. That Table 5 -2, Timing of required public notices, is hereby amended and restated 38 as follows: (See Next Page) 39 Exhibit "A" Town Council Ordinance No. 16, Series of 2010 (Page 2 of 10) 40 TABLE 5 -2 IF TMI NG OF REQUIRED PUBLIC NOTICES Days Prior To Hearing That Public Application Type Notice Must Be Given Published Mailed Posted Amendment to 30 No No Comprehensive Plan Interpretation No No No Amendment to Text 15 No No of Development Code Amendment to 15 15 15 Official Zone District Map PUD Sketch Plan 10 No No (Planning Commission) PUD Sketch Plan 10 10 10 (Town Council) PUD Preliminary 30 30 15 Plan PUD Final Plan No No No PUD Amendment 15 30 15 (Major) 15 (Minor) Special Review 15 15 15 Variance 30 30 15 Administrative No 15 No Modification Subdivision No No No Exemption Subdivision 30 30 15 Subdivision 15 15 15 Amendment Annual Temporary 15 No 15 Use Administrative No No No Temporary Use Comprehensive 15 15 No Sign Plan No public hearing occurs before the Planning Commission; the required public notice is for the joint meeting, pursuant to Section 16A- 5- 320(c)(4), Joint Meeting. 2 Mailed notice shall be by United States mail postage prepaid. 41 Exhibit "A" Town Council Ordinance No. 16, Series of 2010 (Page 3 of 10) 42 6. That the first paragraph of Section 16A- 5- 60(b)(3), Posting of notice, is hereby 43 amended and restated as follows: 44 45 (3) Posting of notice. Posting of notice shall be accomplished by the applicant. The 46 applicant shall prepare and use a form approved by the staff. The applicant shall enter 47 onto the sign the date, time, location and purpose of the public hearing, and the name of 48 the decision making body conducting the hearing. The applicant shall post the sign in a 49 conspicuous location on the subject property. 50 51 7. That Section 16A -5- 70(3), Amendment, is hereby added and shall be inserted to 52 proceed Section 16A -5- 70(3), Action, as follows: 53 54 (3) Amendment If an applicant wishes to amend a submission after a Planning 55 Commission recommendation thereon, such request shall be made in writing and 56 presented to the Town Council during the public hearing. The Town Council shall 57 consider and make a determination as to whether the changes alter the nature of the 58 project from that described in the original submission to such an extent that: 59 a) The amendment should not be allowed; 60 b) The amendment should be allowed, but the Planning Commission should have 61 an opportunity to review the amendment and make a recommendation thereon; or 62 c) The amendment should be allowed, and the application should proceed without 63 additional hearings or consideration thereof. If the amendment is not allowed, the 64 Town Council shall continue to consider the application without the amendment in 65 accordance with the provisions of this Section. If an additional Planning Commission 66 recommendation is to be made, the Town Council may, at its discretion, table the 67 application until it has received the Planning Commission's recommendation on the 68 amendment. 69 Remand. An application may also be remanded to the Planning Commission when the 70 Town Council determines that the application as amended has otherwise been altered in 71 a significant manner following the Planning Commission's action on the preliminary PUD. 72 The Town Council shall table the application until it has received the Planning 73 Commission's recommendation on the changes. 74 75 Current Section 16A -5- 70(3), Action, through Section 16A -5- 70(5), Inactive 76 applications, shall be renumbered accordingly. 77 78 8. That the wording "shall submit a complete package of the requested materials to 79 the Planning Director at least seven (7) days prior to the next scheduled meeting 80 of that board." in Section 16A- 5- 300(b)(3)b., Requests for additional information, is 81 hereby amended and restated as follows: "shall submit a complete package of the 82 requested materials to the Planning Director at least fourteen (14) days prior to the 83 next scheduled meeting of that board." 84 85 9. That Section 16A- 5- 300(c)(10), Adequate Public Facilities, is hereby added as 86 follows: 87 Exhibit "A" Town Council Ordinance No. 16, Series of 2010 (Page 4 of 10) 88 (10) Adequate Public Facilities. A final plan shall not be approved unless the Town 89 Council determines that public facilities will be adequate to support and service the area 90 of the proposed development or that needed public facilities and services will be made 91 available concurrently to offset the potential impacts of such development. Public 92 facilities and services to be examined will include, but not be limited to: storm drainage; 93 roads and their maintenance; public transportation service and facilities; pedestrian 94 circulation; sewerage and sanitary facilities, water availability and serviceability; solid 95 waste disposal; fire and emergency medical services; and, electrical service. The 96 applicant shall show that: 97 a. Adequate facilities and carrying capacity exist at the time of development or will 98 be provided to the PUD and affected areas prior to completion of each building or 99 phase of the development necessitating the demand for said facilities or capacity; 100 101 b. The PUD has been located so as to be reasonably convenient in relation to 102 police and fire protection, emergency medical services and schools; 103 104 c. The PUD will accommodate the efficient provision of local and regional transit 105 facilities and services. 106 107 10. That Section 16A -5- 310(7), Adequate facilities, is hereby stricken and subsequent 108 review standards are renumbered accordingly. 109 110 11. That renumbered Section 16A -5- 310(8), Phasing, is hereby amended to read as 111 follows: 112 113 (8) Phasing. If the PUD is to be developed in phases, then each phase shall contain 114 the required streets, utilities, landscaping and other public facilities or improvements that 115 are necessary and desirable for residents of the project. If the PUD incorporates any 116 amenities for the benefit of the Town, such as trail connections, these shall be constructed 117 within the first phase of the project, or, if this is not possible, then as early in the project as 118 is reasonable. 119 The pace and phasing shall be evaluated with regard to construction impacts along with 120 possible interruption of construction as it would affect the community as a whole. 121 122 12. That Section 16A -5- 310(9), Construction Interruptions, is hereby added and shall 123 be inserted to follow renumbered Section 16A -5- 310(8), Phasing, to read as 124 follows: 125 126 (9) Construction Interruptions. The development application shall provide a 127 reasonable restoration and /or remediation contingency plan to mitigate impacts resulting 128 from any potential extended interruption of construction affecting the community as a 129 whole. Surety or security will be necessary to ensure implementation of the plan. 130 131 13. That Section 16A- 5- 340(b)(10), Necessary facilities, is hereby is hereby amended 132 and restated as follows: 133 134 (10) Necessary facilities. Has the applicant provided detailed engineering plans and 135 reports demonstrating the type, location and capacity of the water supply, sewage dis- Exhibit "A" Town Council Ordinance No. 16, Series of 2010 (Page 5 of 10) 136 posal, solid waste disposal, fire protection and other necessary facilities that will be 137 constructed to serve the project? Will needed public facilities and services be made 138 available concurrently to offset the potential impacts of such development? 139 140 14. That Section 16A- 5- 340(b)(11), Pace and phasing, is hereby added and shall be 141 inserted to follow Section 16A- 5- 70(b)(10), Necessary facilities, to read as follows: 142 143 (11) Pace and Phasing. Has the applicant provided a sufficiently detailed phasing 144 proposal to ensure that the development phasing will occur in an efficient and orderly 145 manner with consideration given to construction and other impacts to the community? 146 Have all phases, including the initial phase, been designed to sustain itself and function 147 as a complete development not reliant on subsequent phases to operate in an efficient 148 and orderly manner? Has the applicant provided a reasonable contingency plan to mitigate 149 impacts resulting from any possible interruption of construction as it would affect the 150 community as a whole? 151 152 Current Section 16A- 5- 340(b)(11), Restricted housing, through Section 16A -5- 153 340(b)(16), Community welfare, shall be renumbered accordingly. 154 155 15. That Section 16A- 5- 340(c)(2)e.3., Block model, is hereby amended and restated as 156 follows: 157 158 3. Block model. A block model illustrating the cubic volume and design of the 159 above- ground portion of all proposed major structures included in the development. 160 The descriptive materials shall also be sufficient to demonstrate the relationship, in 161 terms of cubic volume, between such proposed structures in the development and 162 other major structures encompassing a significant portion of existing development 163 surrounding the development. The Planning Director may accept computer generated 164 three dimensional or other visual imagery in place of the block model if it is felt that it 165 would better aid the public and reviewing bodies to visually understand the spatial, 166 mass, scale and visual relationships of the development to surrounding properties. A 167 model may still be required during the course of the review process if determined nec- 168 essary to adequately evaluate the development proposal. 169 Before preparing the block model or visual imagery, the applicant shall confer with 170 the Planning Director to determine the contextual boundary needed and level of detail 171 required for properties surrounding the subject property in order to provide a 172 neighborhood context for the proposed development. The visual imagery and /or model 173 shall roughly depict the building colors and materials proposed for the development. 174 16. That Section 16A- 5- 340(c)(2)e.4., Color and materials, is hereby is hereby added to 175 read as follows: 176 177 4. Color and Materials. A color and materials sample board or sufficiently detailed 178 visual imagery to represent the materials and colors for the buildings and other 179 architectural features being proposed. 180 17. That the wording "as provided to the applicant prior to the submission." in 181 Section 16A- 5- 340(c)(2)g., Fiscal impact report, is hereby amended and restated as Exhibit "A" Town Council Ordinance No. 16, Series of 2010 (Page 6 of 10) 182 follows: "as provided to the applicant by the Planning Department prior to the 183 submission." 184 185 18. That Section 16A- 5- 340(c)(2)m., Water supply and sewage disposal, is hereby 186 amended and restated as follows: 187 188 m. Water supply and sewage disposal. Detailed plans and reports, prepared by a 189 registered professional engineer or water supply expert acceptable to the Snowmass 190 Water and Sanitation District, describing the location, type and timing of proposed water 191 supply and sewage disposal facilities and lines to be constructed. The report shall 192 describe water conservation methods to be employed and shall provide a detailed 193 estimate of the project's average daily and maximum water requirements and sewer 194 impacts. This report shall be based on criteria and assumptions established and provided 195 by the District prior to the submission of the report. The applicant shall then obtain from 196 the District a confirmation that, based upon the data submitted for this review, the 197 assumptions, conclusions and calculations remain valid. In the alternative, the District 198 shall identify those changes or revisions to the conceptual water and sewer reports 199 required as a result of the District's analysis of the preliminary submission. 200 19. That Section 16A- 5- 340(c)(2)o.4., Anticipated ridership, is hereby amended with the 201 addition of: "The report shall also analyze the proposal's impact on the Town's 202 transportation system and provide a description of shuttle stop improvements that 203 may be necessary to safely and effectively provide service to the development." 204 205 20. That Section 16A- 5- 340(c)(2)t., Construction management plan, is hereby amended 206 and restated as follows: 207 208 t. Construction management plan. A detailed construction management plan 209 describing development phasing, construction schedules and measures for mitigating 210 impacts associated with all aspects of the project. This would include a reasonable 211 contingency plan to mitigate visual, safety and public welfare impacts resulting from any 212 interruption of construction as it would affect the community. Surety or security may be 213 necessary to ensure implementation of the plan. 214 215 21. That Section 16A- 5- 340(c)(2)u., Adequate Public Facilities Report, is hereby is 216 hereby added to read as follows: 217 218 U. Adequate Public Facilities Report. A detailed public facilities report 219 demonstrating that public facilities will be adequate to support and service the area of 220 the proposed development or that needed public facilities and services will be made 221 available concurrently to offset the potential impacts of development as such impacts 222 commence. Public facilities and services to be examined will include, but not be limited 223 to: storm drainage; roads and their maintenance; public transportation service and 224 facilities; pedestrian circulation; sewerage and sanitary facilities, water availability and 225 serviceability; solid waste disposal; fire and emergency medical services; and, electrical 226 service. The report may summarize the applicable capacity and demand analysis 227 information and recommendations contained within other submission reports and shall: 228 Exhibit "A" Town Council Ordinance No. 16, Series of 2010 (Page 7 of 10) 229 a. Identify the public facilities, service levels and carrying capacity that exist prior 230 to the submission of the development application; 231 232 b. Specifically identify and describe the additional public facilities, service levels 233 and carrying capacity that will be necessary and provided to the PUD and affected 234 areas prior to completion of each phase and /or building within the development 235 necessitating the demand for said facilities, services or capacity; 236 237 c. Describe the intended provisions to be made for the timing, location and 238 financing of the public facilities, service levels and carrying capacity that will be 239 needed to adequately support and service the area of the proposed development 240 241 22. That the wording "Within ten (10) days of the joint meeting, the Planning 242 Commission shall hold a public hearing pursuant to Section 16A -5- 70(2)..." in 243 Section 16A- 5- 340(g), Planning Commission Public Hearing, is hereby amended 244 and restated as follows: "Within twenty -one (21) days of the joint meeting, the 245 Planning Commission shall hold a public hearing pursuant to Section 16A -5- 246 70(2)... 247 248 23. That Section 16A- 5- 360(c)(2)f., Landscape guarantee, is hereby added to read as 249 follows: 250 251 f. Landscape guarantee. The landscape guarantee shall be in the form of a written 252 agreement to ensure implementation of the landscape plan and maintenance of the 253 landscaping. Such agreement shall include a pledge of security for performance of 254 said agreement. The agreement shall obligate the applicant to purchase and install 255 the landscaping improvements and irrigation according to the specific planting 256 schedule, landscape and irrigation plan and to guarantee the continued maintenance 257 and replacement of the landscaping for a period of two (2) years after installation. The 258 amount and form of the security shall be as described in Section 16A- 5- 360(c)(2)(e), 259 Subparagraphs 3a) and 3b). 260 261 Such agreement shall provide that an appropriate amount shall be retained until the 262 fully completed improvements have been maintained in a satisfactory condition for two 263 (2) years. 264 265 24. That Section 16A- 5- 360(c)(2)g., Development Agreement, is hereby added to read 266 as follows: 267 268 g. Development Agreement. In connection with any discretionary development 269 approval, the Town Council may enter into a development agreement with the 270 applicant. Development agreements are voluntary contracts between the applicant and 271 the Town that may include provisions clarifying the phasing of construction; the timing, 272 location, and financing of public or private infrastructure; reimbursement for oversized 273 infrastructure; vesting of property rights; assurances that adequate public facilities 274 (including roads, water, sewer, fire protection, and emergency medical services) will be 275 available as they are needed to serve the development; and mitigation of impacts of 276 the development on the general public. 277 Exhibit "A" Town Council Ordinance No. 16, Series of 2010 (Page 8 of 10) 278 Development agreements may, without limitation, contain the following: 279 280 (1) Provisions for the reservation or dedication of land for public purposes; 281 282 (2) Provision for the timing, location, and financing of public facilities (including 283 roads, water, sewer, fire protection, and emergency medical services); 284 285 (3) Provision for the timing, location and maintenance of private on -site 286 improvements, including landscaping of common open space, trails and 287 amenities for residents, users, or the public; 288 289 (4) Provisions for the reimbursement of oversized infrastructure or other facilities; 290 291 (5) Proposed timing and phasing of public and /or private construction; 292 293 (6) Provisions to mitigate the impacts of the proposed development on the 294 general public or nearby properties, including off -site improvements and the 295 protection of environmentally sensitive lands; 296 297 (7) Provisions for public benefits or improvements in excess of what is required 298 by current Municipal Code; 299 300 (8) Terms for subsequent discretionary actions, provided such terms shall not 301 prevent the development of the property for the uses set forth in the 302 agreement; 303 304 (9) Provisions that construction shall begin by a specified date or that certain 305 phases shall be completed within a specified time; 306 307 (10) Provisions for the implementation of a reasonable contingency plan to 308 mitigate visual, safety and public welfare impacts resulting from any 309 possible extended interruption of construction as it would affect the 310 community as a whole; 311 312 (11) Provisions for the vesting of property rights pursuant to Section 16A -5 -90 of 313 the Municipal Code; 314 315 (12) A termination date for the development agreement; and /or 316 317 (13) Any other provisions appropriate to guide the completion of the 318 development as approved. 319 320 321 25. That Section 16A- 5- 360(c)(7), Recording of final plan, is hereby amended to read as 322 follows: 323 324 (7) Recording of final plan. Within ninety (90) days of the date of approval of 325 the final PUD plan, the applicant shall submit three (3) copies of the final plan to the 326 Planning Director, together with any other documents that are to be recorded, at Exhibit "A" Town Council Ordinance No. 16, Series of 2010 (Page 9 of 10) 327 minimum including the site plan together with the PUD Guide or land use summary 328 chart or table. All documents shall be executed and suitable for recording.. The final 329 PUD plan, maps and plat shall also be submitted in a digital form acceptable to the 330 Planning Director, for incorporation in the Town's geographic information system 331 (GIS) and archival storage. 332 333 a. Planning Director review. The Planning Director shall review the documents 334 to ensure they comply with the terms and conditions of approval, shall obtain 335 Town signatures for all of the applicable certificates on the final plan and 336 documents 337 b. Recording of final documents. The Planning Director shall thereafter cause 338 the documents to be recorded in the records of the County Clerk and 339 Recorder, at the applicant's expense. 340 26. That Section 16A -5- 390(1), Amendment of final PUD is hereby amended to read as 341 follows: 342 343 An applicant may amend an approved final PUD by complying with the following 344 procedures and standards. 345 346 (1) Overview of amendment procedures. There are three (3) types of 347 amendments, with corresponding procedures, that an applicant may propose to a 348 PUD. The Planning Director shall determine whether the amendment proposal should 349 be classified as an administrative, major or minor amendment, taking into 350 consideration the totality of the circumstances of the proposed amendment together 351 with the procedures and standards set forth in this Article. The determination of the 352 Planning Director may be immediately appealed by the Applicant to the Town Council 353 pursuant to the provisions of Section 16A -5 -80, Appeals. The applicable procedures 354 for each type of amendment are as follows: 355 356 a. Administrative amendment. An administrative amendment to an approved 357 PUD may be considered pursuant to Section 16A -5 -250, Administrative 358 Modifications. 359 360 b. Minor amendment. A minor amendment to an approved PUD shall comply 361 with the procedures of Subsection (2), Procedures for Minor Amendment of 362 Final PUD, and with the standards of Subsection (3), Review Standards. 363 364 c. Major amendment. A major amendment that would substantially modify all or 365 a part of an approved PUD, or any amendment to an approved PUD that 366 does not comply with the provisions of Subsection (3), Review Standards, 367 shall require a full PUD process. During the full PUD process, the Town shall 368 determine whether the application complies with the standards of Section 369 16A- 5- 300(c), General Restrictions, and Section 16A -5 -310, Review 370 Standards, and shall also consider (but not be bound by) whether the 371 application complies with the standards of Subsection (3), Review Standards. 372 373 27. That Section 16A- 5- 390(2)f., Recording of amended plan, is hereby amended to 374 read as follows: Exhibit "A" Town Council Ordinance No. 16, Series of 2010 (Page 10 of 10) 375 376 f. Recording of amended plan. Within ninety (90) days of the date of approval of 377 the amendment, the applicant shall submit three (3) copies, suitable for recording, of 378 the amended plan to the Planning Director, together with any other documents that 379 are to be recorded at minimum including the site plan together with the revised PUD 380 Guide or land use summary chart or table. All documents shall be executed and 381 suitable for recording. The Planning Director shall review the documents to ensure 382 that they comply with the terms and conditions of approval, shall obtain Town 383 signatures for all of the applicable documents and shall record the documents in the 384 records of the County Clerk and Recorder, at the applicant's expense. The final 385 amended plan maps and documents shall also be submitted in a digital form 386 acceptable to the Planning Director, for incorporation in the Town's geographic 387 information system (GIS) and archival storage. 388 28. That Section 16A -5- 440(5), Adequate facilities, is hereby amended to read as 389 follows: 390 391 (5) Adequate Public Facilities. The proposed subdivision shall not be approved 392 unless the Town Council determines that public facilities will be adequate to support 393 and service the area of the proposed development or that needed public facilities 394 and services will be made available concurrently to offset the potential impacts of 395 such development. Public facilities and services to be examined will include, but not 396 be limited to: storm drainage; roads and their maintenance; public transportation 397 service and facilities; pedestrian circulation; sewerage and water service; solid 398 waste disposal; fire and emergency medical services; and, electrical service. The 399 applicant shall show that: 400 a. Adequate facilities and carrying capacity exist at the time of development or will 401 be provided to the subdivision and affected areas prior to the issuance of a building 402 permit for any lot or phase of the development necessitating the demand for said 403 facilities or capacity; 404 405 b. The subdivision has been located so as to be reasonably convenient in relation 406 to police and fire protection, emergency medical services and schools; 407 408 c. The subdivision will accommodate the efficient provision of local and regional 409 transit facilities and services. 410 411 412 413 TO: Snowmass Village Town Council FROM: Chris Conrad, Planning Director DATE: October 4, 2010 SUBJECT: Snowmass Center Retaining Wall Replacement 1. PURPOSE The purpose of this item is to provide the Town Council with an informational presentation from Snowmass Credit (1) Center, LLC, current owners of record for the Snowmass Center, on the construction plans for replacing the retaining wall which separates the upper and lower parking lots at the Snowmass Center Parking Lot. The retaining wall at the Snowmass Center is failing. The Wildcat Fire District has closed the bus stop because of safety issues poised by the failing retaining wall. The Planning Department has reviewed the attached plans and concluded that this is an administrative decision. The Snowmass Center is on private property owned by Related West Pac. 2. PROJECT DESCRIPTION The replacement of the retaining wall would shift and expand the Center bus stop up the hill (closer to the Village Locksmith) and expand that bus stop. It would provide adequate space for traffic to more safely pass a stopped bus. The current walk way in the center of the wall will be replaced with wood stairs. The walk way on the east side of the retaining wall (in front of the post office) would be replaced and improved to meet ADA standards and an new ADA walk way would be created on the west side of the new bus stop (in front of the Village Locksmith). Relocation of the bus stop to the west end by Village Locksmith consolidates the lower bus stop with most of the commercial activities in this area. It is also on grade with the main level of the Center providing better ADA access to the Center and grocery store as well as Alpine Bank. There are presently 193 parking spaces at the Center. The proposed wall replacement and creation of an expanded bus stop would result in the net loss of approximately 5 parking spaces (in the lower lot). The current retaining wall is made out of timbers. The proposed replacement would be constructed out of MSE (textured colored concrete blocks). Construction on the wall is anticipated to commence as soon as a building permit is obtained by the owner. Construction should be completed prior to the beginning of the ski season. Parking at the center during construction will be impacted and will be more fully described by the property owner. 0 Construction Site Management Plan The community emergency services and road maintenance personnel believe that it is imperative that construction personnel be involved and active in helping to maintain construction sites in a manner consistent with public safety needs. Information regarding the following items is required in order for the Town staff to evaluate the impact to access, emergency services, and road maintenance. The information will be helpful to all parties and will help assure a smooth and safe project. Project Name: Scow �5 C tee [2P tu�cz;�r,a Wakk QZZ)na1�,�'�'�c� Street Address: too Kewr r s 9-8 3+0oWrr\as s C lorc�ao Subdivision: F Vonc;l Nord )n Unit S�nowmus� �a�rr�l C �x�'k�r Owner: 12e1c,ke Wes Phone 9 10 y l9 0233 Mailing Address: CPO Cary 4e- WCL,,t 5n0wrt'n22 y i 11a�T C06Y -01 s Contractor: S 1a'm� [',ros �e Phone 363 90 CD 81(90 Mailing Address: I ors 5 Aft U. sa a D Centenr\aQ Co 50112 1. How many personal vehicles are anticipated to be parked at the project? 2. How many vehicles will be parked on the construction site not within the road right of way? 3. How many vehicles will be parked along the road or within the road right of way ?Noyne 4. Have adequate provisions been made for the star age and staging of construction materials not within the road right of way? Y N Please explain: ccctg'crc�c_finy� �rnrre�5 1)1 ne1- c fe�ery� c.� t Aer) MY )Grua sh2 tl :5 W ink 1W Qradl :knn l 1 ut 5. Have adequate provisions been made for the location of waste dumpsters not within the road right of way? Y X Please explain: Soiic� ���as ie Cerl�r's 6. Have provisions been made for the required weekly removal of construction debris? Y \N Please explain: A 20 rY 6 v C er wm be -6r WiscetUom uS dunna 08ate ny, co= am -,,AMOa Waste- 7. You are required to provide information supplied to you regarding Town policy and regulation on parking and construction related obstructions to all personnel of the General Contractor and subcontractors. Do you agree to do this? Y 8. Have you considered alternative methods for bringing construction personnel to the site other than personal or construction vehicles? Y N C Please explain: Ct�" acceS5 'fib 'aYY \yy C IS Su' cab t A accnmtdate. •��ree c ��ns ye�ntcles Signature: Date: f Print Nam z Representing: S,t3, Y\ �J`c CAS V C Construction Management Plan For Snowmass Center Retaining Wall Repair Replacement Submitted to; Mr. Mark Kittle, Chief Building Official City of Snowmass, Colorado Submitted by; sLATon BROS, me Construction Overview Scope of Work Proposed at Snowmass Center General description of work: Slaton Bros., Inc. has proposed to Snowmass Credit (1) Center to remove and dispose of approximately 2,750 sq. ft. of the existing wood retaining walls, and replace the retaining wall structure with Keystone Retaining Wall Systems (Compac Unit). The existing retaining walls are in an active state of failure and pose risk to public safety as well are in need of general updating. The work will consist of 4 basic phases of construction; 1) Demolition of walls and removal of Asphalt 9 feet behind existing walls 2) Reconstruction of Retaining Wall Structures 3) New asphalt for parking lot above retaining wall along with associated patch work, and pouring new concrete sidewalk with handrail for ramp access between the upper and lower parking lots 4) Clean —up Work to include: 1) It is the intent to phase the project into two parts; east west. This is intended to limit disruption to the public. During construction on the east side of the project, traffic barriers will be placed above and below the areas of construction for public safety reasons. During this time as much area to the west as possible shall remain open to the public and the transportation department for their bus stop. When the project shifts to the west there will be traffic barriers placed above and below that area of construction and the spaces to the east will be re- opened to the public. When the western portion of the wall is constructed the bus stop will need to move temporarily to accommodate the construction, David Peckler has stated that he will accommodate a temporary relocation of the bus stop for this activity. This entire concept is directly dependent on soils conditions under the wall and it should be noted that the plan may need to be changed to reflect the existing conditions that are encountered. In addition to barricades around the work there will also be an area in the lower lot delineating a material storage area which will consist of approximately 10 parking spaces. 2) Cutting and removal of Asphalt in upper parking lot to accommodate: a. Re- grading and proper drainage b. w Geogrid soil reinforcement as required by engineer c. Relocation of Lighting and trenching for electrical 3) Disposal of demolished wall, asphalt and concrete slab at bus stop at Pitkin County Solid Waste Center. *note 4) Disassembly of parking lot lighting for safety and relocation needs. 5) Replacement of retaining wall with new alignment that will provide additional drive lane and snow removal space in upper lot. New wall alignment will consist of moving wall to the south 6 feet at existing planter location and maintain this alignment to lower ramp wall. Essentially this will eliminate a tiered wall configuration and provide adequate room for select backfill material and geogrid behind retaining wall structure. 6) Import approximately 1,000 cu yds. of select granular material from Pitkin County solid waste center for backfill behind retaining wall. The import of a high quality backfill material will add to the stability drainage of the retaining wall structure as well as reduce risk of potential consolidation and settlement. *note 7) Placement of retaining wall per engineer's plans and specifications, placement and compaction of wall backfill material per plans and specifications, placement of all wall drainage material per engineers plans and specification. 8) Install raised wall planters covered in concrete unit pavers with access to new bus stop area. 9) Reinstall parking lot lights with alignment proportionate to existing face of wall alignment. Provide trench and access for conduit and rewiring for electrical contractor. 10) Replace approximately 5,000 sq. ft of new asphalt paving. 11) Provide and install new concrete parking bumper stops. 12) Provide approximately 650 sq. ft. of concrete sidewalk to replace wooden ramp that goes to lower parking lot. 13) Provide approximately 100 linear feet of handrail along sidewalk. *Notes; Item 3 6; Truck access for removal of waste and import of new materials is intended to be done at lower parking lot from Kearns Road. Equipment Needs: 1) Bobcat Skid loader (one) 2) Medium Smooth drum Vibratory roller (one) 3) Front end Loader (one) 4) Dump trucks for hauling export and import material approximately 70 rounds 5) Various hand tools and vibratory plate compactor Section 18 10.1 Construction Management Requirements Item 1. Survey/Site Plan; Attached, with working and storage areas delineated. Item 2. Us Corps of Engineers 404 permit; 404 Permit not required, no wetlands are affected with this project. Item 3. Snowmass/Wildcat Fire protection district Approval; SWFPD approval has occurred. Item 4. Stormwater, Erosion, and Sediment Control Plan; Gravel bags silt fence where required. Item #5. Colorado Stormwater construction permit; Does not apply construction site area is under 2 acres. Item 6. Noise Mitigation Plan; Work will be performed during days and hours of activity under section 18-10.2 of exhibit D. Decibel levels exceeding 90 decibels are anticipated during the construction process. Additionally, vibratory compaction equipment will be required to achieve required compaction densities of soil and asphalt. Item 7. Waste management and Recycling plan; All materials removed from job site will be hauled to Pitkin County Solid Waste Center. Item 8. Tree preservation Plan; All landscaping will be replaced on a one tree to one tree basis. Removed Evergreen trees will be replaced with 12' tall Evergreen trees and all Aspen trees will be replaced with 3" caliper Aspen trees. Location of new trees will be on the Snowmass Center Property. The exact location will be coordinated with the Town of Snowmass Village Planning Department. Item 9. Fugitive dust control Plan; No off road traffic will be on site. Item 10. Air Quality monitoring Plan: Will comply with standards described in item q. Item 11. Construction interrupted Landscape plan; Construction timeline will not exceed two year time period. Item 12. Notice of adjoining property owners; To be executed by Owner/Developer. Project not a High impact event. Item #13. Project Information and signage; As required by Chief Building Official. Item 14. Project Parking Plan; Limited need for working parking approximately three parking places needed. Item 1S. Traffic Control Service Fee Agreement; No significant traffic delays are anticipated due to proposed work. Ut A vA IN r F a a 5 e a m A A z N S T X }ca. 0 m Z m n 2 r z �9 w co �w f, m N y `"T Q C-, Z m Z7 N m 1 m N 41 D n N C m m s fs 9c�s �IIIIIII���PACes M nn September 21S 2010 Mr. Chris Conrad Director of Planning Town of Snowmass Village PO Box 5010 Snowmass Village, CO 81615 RE: Administrative Modification to Repair the retaining wall at the Snowmass Center Dear Chris, Snowmass Credit (I) Center is respectfully requesting the review of the Administrative Modification application pertaining to Repair of the retaining wall at the Snowmass Center. We look forward to your review and consideration of this application. Please do not hesitate to contact me with questions, comments, or requests for additional information. Sincerely, ak eeling Land Development Manager Cc: Jim D'Agostino rRELATED Appendix Snowmass Center Title Commitment rRELATED Appendix Snowmass Center Vicinity Map H= co N3my o mmisnoot a 6 q q gg gg q' 7- 6 H 4 F Hpy 5 gg�g7��eaggggtl 5a<a go ild oll"Ohm" 'Hill DO e o u n ,a D o ka cp =_p e fi aq @q� 8pns s g �eAaB 11,1qp§� a 8 ��a a d4 p 9 8 g a k a I g i) a 3 a? aS :E ml 3 38c H�a� 615$ 5a�3H 5 3 ���"k Y F�(�i' f/ YTS! M 2 o Pup It co l ff a s Ili €g I t9 6s i py dl's i6di� I F :J a 1 Ey3 1 �9 II' I U I 5�a G d9 W y 1 1 1 7 8✓� 1` a 0 3 q a'caa,aaa;s rRELATED Appendix Snowmass Center Demolition Plan, Parking Plan Proposed Improvements Plan I X I m I N m O X d� 1l 1 m n c1 o C7 �m z v O Q y m l lb N CA A f n 0 m W n 1 r co s to tj s 8 SFpCES 1 fit. N f�i p p �t 0 Fi c cr� tj co gn c n V! Z3 Can, b p ro A (C A i 1 i X o o N 9 D Q N N D i o "ILI f, o m ai y j z v l� m m c n 1 N N IFS Bsp- C a w 11 C. QQ' J' R Ry R �P b n S j 4 'N O n m c ►i; y t 0 b ck N p A y Li R C OQ y R G o o R m I Q ti C o o o. f D n N X �j 7c l o o ou M' O )I K D a t7 I Cc C4 m m D m v� m y v p m fl, n rr. r- s B Ei' s i N N• f3 L� Q N f�J n tt (1 'rZ W CL GQ A o rRELATED Appendix Snowmass Center Fee Agreement r RELATED Appendix Snowmass Center Administrative Modification Application Form TOWN OF SN® MASS VILLAGE ADMINISTRATIVE MODIFICATI A PPLICATI O N An administrative modification is a staff -level review procedure that allows minor changes to be made to certain dimensional limitations or other design features in order to address technical constraints or unanticipated circumstances that arise during final design or during actual construction. GENERAL DATA REQUIREMENTS Date: 2 0 Name of Owner: S s�uu7r c= z f e Ce de-c L Address: 1 6 ec�rq.5 Phone: 7 0 099 5 l qq3 Name of Applicant (if different than owner): a r Address: Phone: y 0„c 0, Physical Address of Property: 16 k Arp Legal Description: EXISTING CONDITION INFORMATION Present Zoning: Refa,`j- g jf Lot Area (sq.ft.): q dg A Building Setbacks ft): IV/ A Allowable Floor Area Ratio per Zoning or PUD Plan: N/A Square Footage of All Areas Calculated as Floor Area by Code: NIA Existing Building Height (if applicable): IWA of Parking Spaces and Bedrooms (if applicable): (�i3 e per )OSV PROPOSAL DATA (Only fill in those that apply) Proposed Building Setbacks: .tff Proposed Floor Area: WA Proposed Building Height: A )IA Proposed Envelope Adjustment: kl /A Proposed Parking Space Size: Proposed Minor Amendment to PUD, Subdivision, Building Lot N1,4 or Minor Use Change: Other: y t PAGE 1 ADMINISTRATIVE MODIFICATION 1 DESCRIBE YOUR PROP ADMINISTRATIVE MODIFICATION C7 Gov PROVIDE THE FOLLOWING ADDITIONAL INFORMATION 1. Disclosure of Ownership. A certificate from a title insurance company or attorney licensed in the State which shall set forth the names of all owners of property included in the application and shall include a list of all mortgages, judgments, liens, contracts, easements or agreements of record that affect the property. At the Town's option, the holders or owners of such mortgages, judgments, liens, contracts, easements or agreements of record may be required to consent to the application before it is acted upon by the Town. 2. Vicinity Map. An eight and one -half inch by eleven inch (8 1/2" x 11 vicinity map locating the subject parcel within the Town of Snowmass Village. 3. Other Maps. All other maps required for the application shall be prepared at a scale of one inch equals one hundred feet (1" 100') or larger, on sheets no larger than thirty inches by forty -hvo inches (30" x 42 with an unencumbered margin of one and one -half inches (1.5 on the left hand side of the sheet and one -half inch (0.5 around the other three (3) sides of the sheet. Sheets of twenty -four by thirty -six inches (24" x 36 are preferred. If it is necessary to place information on more than one (1) sheet, an index shall be included on the first sheet. Report -size versions of all maps, reduced to a sheet size of no greater than eleven inches by seventeen inches (11" x 17 shall also be submitted. 4. Site Plan. A site plan of the subject property, showing existing improvements and proposed development features that are relevant to the review of the proposed administrative modification application. As necessary, the applicant shall also submit such other written or graphic information as is necessary to describe the proposed modification, such as a sketch of those elements of the proposed structure for which an administrative modification is requested. 5. Improvement Survey. An improvement survey, showing the location and dimensions of all existing structures, streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities and other significant features within the property or proximate to the project area shall be required as may be determined necessary by the Planning Director to ensure adequate review of the application. 6. List of Adjacent Owners. Applicants proposing to adjust a building envelope, extend an on -grade or below -grade structure into a required setback, obtain interim SPA (SPA -1 and SPA -2) authorization or to amend a use in an approved PUD shall submit a list of all owners of property that is located within three hundred (300) feet of the subject property. The list of persons shall be compiled pursuantto Section 16A- 5- 60(b)(2)a, Source of list. 7. Base Fee. The application shall be accompanied by the applicable base fee from the Building and Planning Department's fee schedule. The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Planning Director. The reimbursement to the Town by the applicant shall be due and payable within fifteen (15) days of the date of billing. PAGE 2 ADMINISTRATIVE MODIFICATION 8. Other Information. The Planning Director may request the applicant to submit such other information as is necessary to evaluate the impacts of the administrative modification application. Examples of the information that may be requested are elevations of proposed new or remodeled structures, analysis of the traffic impacts of the proposed use, or evaluation of the environmental or fiscal impacts of the proposed use. NO APPLICATION WILL BE PROCESSED UNTIL ALL REQUIRED INFORMATION IS PROVIDED. REASONS FOR REQUESTING THIS ADMINISTRATIVE MODIFICATION 1. Are there any technical constraints which warrant a modification? AYA 2. Are there any unanticipated circumstances that have arisen which warrant a modification? 'T1-v6 tog -H N -e Soaon+"s CeAtr As 1Z 40 L• I Wo Tf Scarve k" J 4&,e --j) 1 r i Suw, �r twee gcetkv� �Q Ge Xc L,i 11, l i, FA D e�}•;rtuue�" s� 's.A" b U e P-e t P ub r S C' lcerm 3. For an adjustment to a bu Iding envelope does the modification allow for: a) Better conformance to the standards of this development code? 1\)1A. b) Less vegetation to be removed from the site? /y /J., c) Better access to the site? 4.Other reasons I'� e PAGE 3 ADMINISTRATIVE MODIFICATION RULES OF PROCEDURE The following procedures shall apply to an application for an administrative modification (see attached figure: Administrative Modification Application Procedures). 1. Pre Application Conference. Attendance at a pre application conference is optional prior to submission of an administrative modification application. T h lS 2. Submission of Application. The applicant shall submit an application to the Planning Department 3. Staff Review and Notice. Staff review of the application shall be accomplished, as specified in Section 16A -5 -50, Staff review of application. For an application proposing to adjust a building envelope, extend an on -grade or below -grade structure into a required setback, obtain interim SPA (SPA -1 and SPA -2) authorization or to amend a use in an approved PUD, the applicant shall provide notice by Certified Mal to all of property that is located within three hundred (300) feet of the subject property. The notice that is mailed shall contain sufficient graphic and written material to fully describe the administrative modification proposal and state that the Planning Director will take action on the application within fifteen (15) days after the date of the mailing. 4. Action By Planning Director. Following the notice period, the Planning Director shall issue a written decision notice approving, approving with conditions, or denying the application, based on the following standards: a. Unforeseen Circumstances. The proposed modification shall be the result of circumstances that could not have been anticipated by the applicant, such as technical or engineering considerations discovered during actual construction that could not reasonably be anticipated during the original approval process; and b. Insubstantial Impacts. Any adverse impacts on surrounding properties from the proposed modification shall be insubstantial. 5. Referral to Planning Commission. If, during the staff review or during the public hearing, any issues arise that cannot be resolved to the satisfaction of the staff or the applicant, then the staff shall refer the application to the Planning Commission, which shall approve, approve with conditions, or deny the application, .based on the standards in Section 16A -5- 260(4) above. Public notice that an application for administrative modification has been referred to the Planning Commission shall be given by publication, mailing and posting of notice, pursuant to Section 16A- 5- 60(b), Manner and Timing of Notice. 6. Appeal. A decision by the Planning Director on an administrative modification may be appealed, pursuant to Section 5 -170 of the Code. The appeal shall be referred to the Town Council, which shall consider the matter pursuant to Section 5 -170 (D) of the Code. 7. Recording. If the Planning Director shall approve the administrative modification, the applicant shall, within thirty (30) days of the date of said approval, cause the written decision notice to be recorded in the records of the County Clerk and Recorder. PAGE 4 ADMINISTRATIVE MODIFICATION An administrative modification shall only be granted for the following types of activities: 1. Setback. The intrusion of a building or an above -grade structure into a required setback by one foot (1') or less for new construction. AYE, 2. Floor Area. An increase in the maximum allowable floor area of a structure by no more than two percent (2 or fifty (50) sq. ft., whichever is less.1 3. Building Height. An increase in a building's height by one foot (1') or less. /L//A 4. Parking Space Size. A decrease in the size of a required parking space by one foot (1') or less. A //k 5. Crawl Space or Attic Space. A crawl space or attic space that is greater than five and one -half feet (5 1/2') at any point when rational construction methods will not allow compliance with the maximum height of five and one -half feet (5 1/2'), provided that the Planning Director may impose reasonable conditions to limit or restrict the use of said space. NlA 6. On -Grade or Below -Grade Structures. The projection of an on -grade or below -grade structure into a required setback in a manner that exceeds the limitations established in Section 3 -160 B (2) of the Snowmass Village Municipal Code (the Code). The Planning Director may impose reasonable conditions to ensure that such structures will not hinder road maintenance and snow plowing operations and will have minimal visual impacts, and to ensure that the owner indemnifies the Town against any damage that may occur to said structures. N!A 7. Building Outside of Established Envelope. An intrusion into a required setback, where a building or portion thereof was previously constructed outside of the established building envelope for the lot. rU /A 8. Adjustment to Building Envelope. Adjustment of a building envelope to correct an existing condition or to allow it to better conform to the standards of the Code, such as by allowing less vegetation to be removed from the site, helping to lessen impacts from drainage or site grading, or permitting better access to the site to be provided. Al /'A 9. Administrative Amendments. An administrative amendment to any other design feature of an approved PUD, subdivision or building lot, or an administrative amendment to the uses approved for a PUD. Activities that shall not be considered administrative include changes to the overall character of the project, changes that substantially increase trip generation or the demand for public facilities, and changes that are inconsistent with a condition or a representation of the project's original approval, or that require granting a further variation from that granted in the original approval. 10. Interim SPA (SPA -1 ad SPA -2) Authorization. Improvements to existing development within Specially Planned Area (SPA -1 and SPA -2) and Governmental Specially Planned Area zone districts that have not been reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Development, provided: 1) the improvements are necessary for the maintenance and repair or remodeling of an existing building; 2) there will be no change in type of use except as may be accessory to or customary in connection with the existing principal use(s) of the building; 3) the total square footage of the floor space of the building is not increased by more than ten percent PAGE 5 ADMINISTRATIVE MODIFICATION (10 or five hundred (500) square feet, whichever is less, except in the case of Governmental Specially Planned Areas it shall be ten percent (10 of the building floor space; 4) the proposed improvements will be consistent with Section 16A-4 -340, Building design guidelines to preserve community character; and 5) all future development improvements within the property shall be reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Developments. The Planning Director shall require the preparation of an Interim Site Development and Land Use Plan and may impose reasonable conditions to ensure that such structures will not change the basic character of existing building or surrounding areas or have a substantially adverse impact upon surrounding properties. 11. Site Disturbance Outside Building Envelope. Earth berms located outside the building envelope which do not satisfy the criteria specified within Section 16A- 4- 320(b)(2)a. Earth berm outside building envelope. The Planning Director may impose reasonable conditions to ensure that such berm will be located and designed to reasonably fit the site and to minimize the visual impact upon surrounding property owners. PAFormsWdmin. Mod PAGE 6 ADMINISTRATIVE MODIFICATION TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: OCTOBER 4, 2010 Next EOTC Meeting The next EOTC meeting has been rescheduled for Thursday, November 4, 2010 at 4:00 p.m. The primary purpose of this meeting is to set the EOTC budget for 2011. Pending Strategic Actions Last Updated September 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 1 Phase of Land prepared to provide a period of time to Use Amendments review demolition permits before being prepared demolition of a building occurred. were presented to PC on August 18 Council agreed that staff should develop and 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 recommendation. Planning Other Land Use The Comprehensive Plan has been 1" Phase of Land Department Code Issues approved. Council has provided direction Use Amendments on the priorities. 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 Housing Code 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 reviewed by PC housing goals as part of the Comp. Plan in October. review. Staff will schedule two agenda items based on the input from Council on October 6 (these could be on the same dates) which would be 1) policy discussion to modify the current land use code related to affordable housing; and 2) a review of deed restriction policy. Housing For -Sale Deed Review current policy on doing biannual October 18, 2010 Department Restriction reviews of deed restricted homeowners Enforcement qualifications. 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 6' budget presentation in the September /October 2010 time frame. Other Mark Kittle REOP REOP Update Ordinance to deal with October 18, 2010 double exemption input from 9/22 discussion. Russ URA- Phase 1 Council authorized on August 2 nd 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. 1 2 SNOWMASS VILLAGE TOWN COUNCIL 3 REGULAR MEETING MINUTES 4 SEPTEMBER 7, 2010 5 6 CALL TO ORDER AT 500 P.M. 7 8 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town 9 Council on Tuesday, September 7, 2010 at 5:01 p.m. 10 11 Item No. 1 ROLL CALL 12 COUNCIL MEMBERS PRESENT: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. 13 COUNCIL MEMBERS ABSENT: All council members were present. 14 15 STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town 16 Attorney; Hunt Walker, Public Works Director; Chris 17 Conrad, Planning Director; Rhonda B. Coxon, Town 18 Clerk 19 PUBLIC PRESENT: Sally Sparhawk, Jenny Smith, Bob Purvis, John 20 Quigley, Robert Sinko, Don Schuster and other 21 members of the public interested in items on today's 22 agenda. 23 24 Item No. 2 PUBLIC NON AGENDA ITEMS 25 26 There were no Public Non Agenda items. 27 28 Item No. 3 COUNCIL UPDATES 29 30 1/2 and 1/2 Race 31 Council Member Butler thanked the organizers of the 1/2 and 1/2 race for raising money 32 for Hospice of the Valley. 33 34 Town Hall Art Piece 35 Council Member Lewis noted that the there will be a dedication of the Town Hall Art 36 Piece on September 20, 2010 at 4:30 p.m. 37 38 Labor Day Festival 39 Mayor Boineau stated the Labor Day Festival was this past weekend and he thanked all 40 Town staff that helped make this a successful event. 41 09-07-1 OTC Minutes Page 2of5 42 C.A.S.T 43 Council Member Wilkinson noted that he attended the C.A.S.T meeting. A topic of 44 discussion was rentals and sales tax. C.A.S.T. will have a follow -up with a meeting on 45 September 16 to train staff in municipalities on collection of rental unit sales taxes. 46 47 Next Two Weekends 48 Council Member Butler stated that this coming weekend is OktoberFest and the next 49 weekend is the Balloon and Wine Festival. 50 51 Item No. 4_ RESOLUTION NO. 36, SERIES 0172010- IN OPPOSITION OF 52 STATEWIDE BALLOT ISSUE AMENDMENT 60 53 54 Town Attorney John Dresser noted that this Resolution was prepared by the direction of 55 Town Council due to the financial implications of Proposition 101 and Amendment 60 56 and 61. This is the first of three Resolutions that will come before Council opposing 57 these statewide ballot issues. 58 59 Mayor Boineau noted that he received a letter from the Part Time Residents Advisory 60 Board asking that the third "Whereas" in the Resolution be deleted. This would be lines 61 21 -26. After discussion by the Council the motion was made. 62 63 John Wilkinson made the motion to approve Resolution No. 26, Series of 2010 64 opposing the Statewide Ballot Question regarding proposed Amendment 60. Arnold 65 Mordkin seconded the motion. 66 67 Arnold Mordkin made the motion to amend Resolution No. 26, Series of 2010 by adding 68 a semicolon on line 24 after the word services then adding the word "and" then deleting 69 everything after that on line 24, 25 and 26. Reed Lewis seconded the motion. The 70 motion was approved by a vote of 5 in favor to 0 opposed. 71 72 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill 73 Boineau. 74 75 Voting Nay: None. 76 Bob Purvis, resident of Snowmass Village, stated for the record that he feels the entire 77 third "Whereas" of Resolution No. 36, Series of 2010 should be deleted. 78 79 Item No. 5 JOINT MEETING WITH MARKETING GROUP SALES AND SPECIAL 80 EVENTS BOARD 81 82 Marketing Director Susan Hamley noted that the Council requested a meeting with the 83 MSEGS Board before the budget meetings. The purpose of this meeting is to facilitate 84 a discussion between the two bodies. Hamley noted the areas she will be covering by 09 -07 -1 OTC Minutes Page 3 of 5 85 providing an overview of 2010 Summer Marketing Events, 2010/2011 Winter 86 Marketing, Group Sales update and approach to 2011 Summer Events. 87 88 Hamley reviewed in detail each slide with numerous amount of information in regards to 89 statistics. Council Member Lewis asked that the quote "Fridays start on Thursday in 90 Snowmass" be changed to "weekends start on Thursdays in Snowmass." He believes 91 the prior is very confusing. Hamley went on and spoke about the Marketing Forum 92 which is comprised of the Aspen Chamber Resort Association, Stay Aspen Snowmass 93 and Snowmass Tourism that work in collaboration. 94 95 Council Member Reed Lewis inquired if the Board was content with the Stay Aspen 96 Snowmass reservation staff and provided a personal scenario he did not feel 97 comfortable with and asked for feedback from the Board. 98 99 Hamley spoke to the one thing that is "different" in Snowmass but in 43 years no one 100 has figured out what is the one thing that we have that is different to get the Front 101 Range and find our "niche." Fred Kucker and Council Member Butler are in favor of a 102 "Family Adventure Camp" and asked that the Marketing Department look into this 103 possibility. Council Member Lewis asked what happened to the past ideas that have 104 been presented and why we have not pursued them. 105 106 The Council asked the Board how the past weekend "Labor Day Festival" was 107 compared to the previous years. Lodging noted they were down, but pulled some better 108 numbers late. Jenny Smith from the Marketing Board noted that she feels losing the 109 Labor Day Festival would be the "nail in the coffin for summer." Council noted they are 110 not pushing the Labor Day Festival out of Snowmass. 111 112 Council took a break at this time. 113 114 Item No. 6 DISCUSSION -BASE VILLAGE CONSTRUCTION MANAGEMENT PLAN 115 (CMP) AMENDMENTS. 116 117 Planning Director Chris Conrad stated the purpose of this meeting is to review the 118 application, pursuant to Municipal Code Section 16A -5 -250, Administrative 119 modifications, for the proposed 2010 Base Village CMP amendments. He noted the 120 action requested of Council would be to provide comments and recommendations to the 121 Planning Director for consideration prior to finalizing the "Draft" Record of Decision 122 (ROD). This ROD has elements include the use of Lot 7, emergency access, Building 8 123 facade and pedestrian access to Base Village from the Viceroy Hotel. Destination 124 Snowmass Services, Inc. in its capacity as Receiver pursuant to Court Order issued in 125 Hypo Real Estate Capital Corporation v. Base Village Owner, LLC represented by Jim 126 DeFrancia is the applicant. T. Michael Manchester and Mike Tandy presented a 127 PowerPoint Presentation of the site plan for the Building 8 facade and the landscaping 128 for Building 7. 09-07-1 OTC Minutes Page 4 of 5 129 Representing the Snowmass Wildcat Fire District John Mele requested that the gate 130 across Building 8 be a remote access, not a lock as they tend to freeze in the winter. 131 Council reported they are looking forward to the future application that will discuss in 132 greater detail the electric carts. 133 134 Item No. 7 PUBLIC HEARING AND SECOND READING OF ORDINANCE NO. 13 135 SERIES OF 2010 -ROOF SHINGLES IN SNOWMASS VILLAGE 136 137 At 8:44 p.m. 138 Mayor Boineau opened the Public Hearing for Public Comment 139 140 Arnold Mordkin made the motion to approve second reading Ordinance No. 13, Series 141 of 2010 regarding roof shingles. Markey Butler seconded the motion. The motion was 142 approved by a vote of 5 in favor to 0 opposed. 143 144 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill 145 Boineau. 146 147 Voting Nay: None. 148 Representing the ASC, Don Schuster asked consideration from Council to allow the 149 effective date of this ordinance be sometime in the middle of next summer. He does not 150 feel this gives larger condominium complexes time to go out to bid and have the work 151 completed by October 1, 2010. After discussion by Council it was agreed to allow more 152 time. Representing the Snowmass Wildcat Fire District John Mele had no issues with 153 the extension of the date. 154 155 Arnold Mordkin made the motion to amend second reading of Ordinance No. 13, Series 156 of 2010 and a roll call vote was conducted by the Clerk. Reed Lewis seconded the 157 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 158 159 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill 160 Boineau. 161 162 Voting Nay: None. 163 At 8:45 p.m. 164 There being no Public Comment at this time Mayor Boineau closed the Public Hearing. 165 166 Item No. 8 MANAGER'S REPORT 167 168 Receivership Meetings 169 The Town Manager noted that the Base Village Receivership meetings were well 170 attended and he felt the community appreciated the open dialogue. 09 -07 -1 OTC Minutes Page 5 of 5 171 Budget Meeting 172 Town Manager Russ Forrest inquired about October 7, 2010, for the Budget Meeting, 173 Council agreed to this date. This will begin at 8:30 p.m. ending before or by 3:30 p.m. 174 175 Item No. 9 APPROVAL OF MEETING MINUTES FOR AUGUST 2 2010 176 Markey Butler made the motion to approve the Regular Minutes of the Snowmass 177 Village Town Council for Monday, August 2, 2010. Mayor Bill Boineau seconded the 178 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 179 180 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 181 Markey Butler. 182 183 Voting Nay: None. 184 Item No .10 AGENDA FOR NEXT TOWN COUNCIL MEETING 185 186 Art Dedication 187 Town Manager Russ Forrest reminded Council and the Public that prior to the 188 September 20, 2010 meeting there will be a dedication of the "Transparency" art piece 189 at Town Hall. There will be a reception in the lobby or outside weather permitting. 190 191 Item No. 11 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS 192 193 Council Member Wilkinson spoke to a tighter monitoring of employees living in 194 employee housing. 195 196 Item No. 12 ADJOURNMENT 197 198 At 7:56 p.m. 199 Arnold Mordkin made the motion to adjourn the Regular Meeting of the Snowmass 200 Village Town Council on Tuesday, September 7, 2010. Markey Butler seconded the 201 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 202 203 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 204 Markey Butler. 205 206 Voting Nay: None. 207 Submitted By, 208 209 Rhonda B. Coxon, Town Clerk 210 SNOWMASS VILLAGE TOWN COUNCIL SPECIAL MEETING OCTOBER 7, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 8:30 A.M. Item No. 1: ROLL CALL Item No. 2: BUDGET OVERVIEW Russ Forrest, Town Manager............ Page Item No. 3: FINANCIAL ADVISORY BOARD RECOMMENDATIONS -Fred Kucker, Chairperson ....................Page Item No. 4: BUDGET TRANSMITTAL AND BUDGET PRESENTATION Marianne Rakowski, Finance Director, Russ Forrest, Town Manager And Staff .......................Page Item No. 5: DIRECTION FROM COUNCIL ON BUDGET Item No. 6: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 7 hours (excluding items 1 and 6) 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. 5th Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA OCTOBER 18, 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. 42 SERIES OF 2010 ENCOURAGING A YES VOTE ON REFERENDUM 2E (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 42, Series of 2010 -Russ Forrest ...........................Page (TAB Item No. 5: ASPEN SKIING COMPANY BI- ANNUAL REPORT (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation and provide feedback. -David Corbin, Steve Sewell, David Perry ........Page (TAB) 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: SECOND READING ORDINANCE NO. 15 SERIES OF 2010 CONSIDERATION OF A REVISION OF THE RENEWABLE ENERGY OFFSET PROGRAM (REOP) FEES (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Determine if there should be any changes to the current fee structure. -Mark Kittle ...........................Page (TAB) Item No. 8: MANAGER'S REPORT (Time: 10 minutes) 10-18-10 TC Page 2 of 2 __Russell Forrest Page (TAB Item No. 9: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB Item No. 10: APPROVAL OF MEETING MINUTES FOR: 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.) Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 Town Council Meeting 5:00 p.m. IN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Town Council Meeting 5:00 p.m. 24 25 26 27 28 29 30 31 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 Town Council Election Day EOTC MTG Meeting Ez vor 4:00 P.M. 5:00 p.m. Snowmass Village Council Chambers 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Town Council Meeting 5:00 p.m. 21 22 23 24 25 26 27 Thanksgiving Day! ,N 28 29 30 EMI