Loading...
12-20-10 Town Council Packets q SNOWMASS VILLAGE TOWN COU REGULAR MEETING AGENDA DECEMBER 20, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 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. 54, SERIES OF 2010 GRANTS (Time: 15 minutes) A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR BUDGETED FOR GRANT CONTRACTS TO THE CHARITABLE AND HUMAN SERVICE ORGANIZATIONS ONLY ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 54, Series of 2010 --Citizen's Grant Review Board ...........................Page 1 (TAB A) Item No. 5 DISCUSSION CONSIDERATION OF THE SPECIAL REVIEW APPLICATIONS FOR THE ELK CAMP RESTAURANT AND A NIGHT LIGHTING PLAN FOR NIGHTTIME OPERATION TO 12:00 MIDNIGHT, TOGETHER WITH THE ASSOCIATED MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO SNOWMASS MOUNTAIN (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Hear the applicant's presentation of the proposal and review the applications. After evaluation, schedule a public hearing for January 3, 2011, and direct staff in preparing a resolution for the Special Review and an ordinance for the Minor PUD Amendment if desired. --Jim WahIstrom Page 6 (TAB B) Item No. 6: PUBLIC HEARING AND RESOLUTION NO. 52, SERIES OF 2010 WAFFLE SHRINE A RESOLUTION CONCERNING ISSUANCE OF AN ANNUAL TEMPORARY USE PERMIT FOR THE WAFFLE SHRINE LOCATED ADJACENT TO THE PLAZA AT BASE VILLAGE (Time: 60 Minutes) 12- 20 -10tc Page 2 of 3 ACTION REQUESTED OF COUNCIL: Approval, Modify or Deny Resolution No. 54, Series of 2010. -Chris Conrad Page 67 (TAB C) Item No. 7: PUBLIC HEARING AND RESOLUTION NO. 53 SERIES OF 2010 TASTERS PIZZA CART A RESOLUTION CONCERNING ISSUANCE OF AN ANNUAL TEMPORARY USE PERMIT FOR TASTER'S PIZZA CART LOCATED ADJACENT TO THE ELK CAMP GONDOLA AT BASE VILLAGE (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution 53, Series of 2010 Chris Conrad ...........................Page 86 (TAB D) Item No. 8: SECOND READING —ORDINANCE NO 18 SERIES OF 2010 EXTENSION OF MORATORIUM (Time: 15 Minutes) AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW LAND USE APPLICATION SEEKING DEVELOPMENT APPROVAL FOR REAL PROPERTY LOCATED IN THE WEST VILLAGE COMPREHENSIVELY PLANNED AREA AND FARAWAY RANCH NORTH ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance 18, Series of 2011. -John Dresser Page 101 (TAB E) Item No. 9: REVIEW OF ICE AGE TASK FORCE APPLICATIONS (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: The deadline for the applications is December 16, 2010; we will provide you will copies of the applications on December 18, 2010 to determine who to invite to interview at the January 3, 2011 Town Council meeting. -Russ Forrest ...........................Will be distributed at a later date Item No. 10: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest Page 105 (TAB F) Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING January 3, 2011 Page 107 (TAB G) Item No. 12: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Page 110 (TAB H) 12- 20 -10tc Page 3 of 3 Item No. 13: EXECUTIVE SESSION The Town Council will now meet in Executive Session pursuant to C.R.S. 24 -6- 402(4), to discuss one item and to receive advice of counsel: a) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24- 6- 402(4)(e); and b) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6 402(4)(c); Provided, there is an affirmative vote of two thirds of the quorum present at this meeting to hold an Executive Session and for the sole purposes referenced above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session Item No. 14: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 4.5 hours (excluding items 1 -3 and 11 —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. MEMORANDUM TO: Snowmass Village Town Council FROM: Donna J. Garcia Spaulding, CMC CGRB Liaison FOR: Sally Sparhawk, Chair Citizen's Grant Review. Board (CGRB) DATE: December 20, 2010 SUBJECT: RESOLUTION NO. 54, SERIES OF 2010 A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR BUDGETED GRANT CONTRACTS TO CHARITABLE AND HUMAN SERVICE ORGANIZATIONS I. PURPOSE, ATTACHMENTS AND ACTIONS REQUESTED OF COUNCIL: This resolution authorizes expenditure of funds budgeted to the Charitable Human Service organizations. II. ATTACHMENTS: a. Resolution No. 54, Series of 2010 b. Grants -At- Glance 111. ACTION REQUESTED: The Citizen's Grant Review Board is respectfully requesting, that Council approve Resolutions No. 54, Series of 201 0. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 54 SERIES OF 2010 A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR BUDGETED FOR GRANT CONTRACTS TO THE CHARITABLE AND HUMAN SERVICE ORGANIZATIONS WHEREAS, the Town Council has allocated $40,000 to be distributed to Charitable and Human Service organizations in 2011; and WHEREAS, the Town Council is committed to supporting community services that the Town is not staffed to provide; and WHEREAS, the Citizen's Grant Review Board has carefully reviewed the grant request submitted by Charitable and Human Service organizations. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado that the following donations be made: Section One: Grant Awards Alpine Legal Services 1,000 Aspen Counseling Center 2,500 Aspen Youth Center 3,000 BuddyProgram 500 Catholic Charities 1,000 Columbine Home Health 500 Community Health Services 10,000 Little Red Schoolhouse 5,000 Pathfinders 2,000 Pitkin County Senior Services 4,000 Project Graduation 500 Response..................................................... 3,000 Roaring Fork Valley Early Learning Fund 200 SoprisTherapy 500 Valley Partnership for Drug Prevention 3,500 YouthZone 2,800 Total .....................$40,000.00 Section Two Disbursement Res. 10 -54 Page 2 of 2 The expenditure of funds will be made in full on or before March 31, 2011. INTRODUCED, READ, AND ADOPTED, by the Town Council of the Town of Snowmass Village, Colorado on the 20 day of December 2010 with a motion made by Council Member and seconded by Council Member The motion was approved by a vote of in favor to opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: Rhonda B. Coxon, CMC Town Clerk APPROVED AS TO FORM: John Dresser, Town Attorney O Q 0 Cn 0 O O O O O O Z 0 a) 0 O O O 1 O O O Q O Z j O Q O O O p 0 p O O C t a) In Cn LO O O O 0 Q N N N L T O a- T T N Q O O 0 Q Cn 0 O O O O O O O O _0 O O c a) 0 O 0 O O O O O O CL C J O p O O W a) LO O O p C� O O O Q N cl N N C6 O c- .(n T T N Q C) 0 0 O O O O O O O O O 0 a) O O O O (7 O, O O O O (1) C) O U) C1N LO O O O O O O p O O co a) N O O p O O 2 O O Q N (Y) d N N Lr N cy lc) O N Q O O O O O O O O O O Z _0 O O O, O O O O O O O O O O O O O W 0 p O O N N O O O O O O LO O O O LO Z W O O N Q7 r N 07 C Lc) r n Z O r N Q r r NDC v m N N Q Z r 0 O N d W Cl) a s N 3 O O O O O O O O O O Z V) O O O, O O O O, O O O O O Q W Rf N O O O OO o O o o O Z LL O LO O Ln O LO O O O O CD N CYJ r ff} 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 O O O O O O O O to O O Lo O co O O 6}} {f} U) U_ t O cn a) U E o m cz C/) U) cz 2 J U c o N N- U cn a) c o c c a o E� E .v Cc o .S CD CD C 2 0 E i� A 0 Q- cn a) U) cn :3 cz o 0 o 0 U cu a) Q Q UQ Q m U U U2U a_ U) r N C6 4 (c) O r-� 06 6 O r N T T T O O O' O 0 (r) O L- 0 N O 1 0 O O O C: N O O O O L O OS 0 m 0 N 0 0 00 QN O O Q- O 'L 0 0 I- L d m CL cz O z cz -0 o N O O Q 00 N Q (D ±r L O O O O C: 0 0 O N C l) Q_ CL 03 0 O O Q CV O Z Q 00 O z c O d O O O C 0 0 C C� O Q T "t 0 N Q 0) O O O O -a O O L- a N O 'C O O 0 0 O D O V C O 00 00 s?NO 00 O Q N 00 .L i O O N O O Z 0 -0 0 �O a 0 N Q J O O O O O O z O, O O O W O 0 O N r O I O N O O Z z W C o Q T Q7 LC) C r cc T- N Q N C'3 NmNN z r r Q O fro O N Q Z M Qf lij C) F- N 7 a Z y O O O O p O O CC W O O QU) p" z u 0 0 00 0 V) O O 0 0 0 0 0 0 o 0 Lo 0 0 0 0 r T 69 n vT 69 60- e 69 C) O L O (Z LL O O W C) cz L cz O i C) 0 C C3 c (Z (n c� a) LL O /y am O cm L W O O i L Q) 0) +J t O Q :3 O ti °C w u LL cn 8 r N II M d' In (O r-_: 00 6 O 11 T T T T T T T (V MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department Jim Wahlstrom, Senior Planner REPRESENTATIVES: Aspen Skiing Company Project Manager /Planner: Chris Kiley Company Planning Director: David Corbin SUBJECT: ELK CAMP RESTAURANT SPECIAL REVIEW APPLICATIONS FOR THE ELK CAMP RESTAURANT WITH LIGHTING PLAN FOR NIGHTTIME OPERATIONS TO 12:00 MIDNIGHT, AND A MINOR PUD AMENDMENT TO SNOWMASS MOUNTAIN. DATE: December 20, 2010 meeting I. PURPOSE: The purpose of the meeting would be to consider the Applicant's proposed applications concerning the Elk Camp Restaurant. Staff finds that the following core issues should be considered during the review and discussion: Wildlife impacts; Lighting plan for nighttime operations; Affects upon 30% slopes; Drainage impacts from new impervious areas; Utility servicing and fire protection; Solid waste management; Energy conservation methods; Building design; Landscape plans; Floor plans and usages; Employee housing requirements; Pedestrian and skier circulation, including interim skier circulation during the construction period; Construction management plan and the 7 -day a week construction request; and Effects upon previously approved Final PUD Guide (Minor PUD Amendment) II. SUMMARY DESCRIPTION OF PROJECT. The proposed Elk Camp restaurant is planned next to the east side of the top terminal for the Elk Camp Gondola at Elk Camp Meadows (see the aerial map for area —Attachment 1). It is proposed for utilization as the main site and base camp for on- mountain, winter and summer, day and night time dining, activities, special and group events. Interior seating. would be available in an approximate 250 -seat "great room" with side seating areas. A separate bar for approximately 20 seats, an outdoor deck 1 for 150 seats and a children's ski school dining room are included as other seating options and functions. Public restrooms are located on both levels of the proposed facility. The other specific requests contained within this application include: Approval of the lighting plan for night time operations. A Special Review approval is requested for night lighting as per the Final PUD Guide (i.e., from Ordinance No. 2, Series of 2005). A request to allow construction seven days per week to facilitate ongoing summer operations and to accelerate within the shortened, high altitude construction season. Pursuant to the Final PUD Guide approved via Town Council Ordinance No. 2, Series of 2005, night use of the Elk Camp Gondola and the associated restaurant are allowed until 12:00 a.m. year- round. The Final PUD Guide, however, requires Special Review approval for night operations that require lighting. Reference the comments made by the Colorado Division of Wildlife dated July 9, 2010 (Attachment 2) The construction time would take two seasons in efforts to open the restaurant by the 2012 -13 winter ski season. The applicant proposes to break ground in June 2011. The associated Minor PUD Amendment application has been submitted concurrently with the Special Review applications as a means to propose modified updates to the usages, figures and development parameters in the Final PUD Guide that would also accommodate the new Elk Camp Restaurant as well as clarify usage definitions. III. BACKGROUND October 17, 1994 Ordinance No. 09, Series of 1994, was approved primarily for expanding the ski area onto the Burnt Mountain portion of the Snowmass Ski Area. According to the operations plan at the time, the Elk Camp Meadows or Mid Station area was planned for: "Restaurant(s) [three altogether with a total of 11,837 square feet and 385 seats], an Environmental Interpretive Center [2,300 square feet], Mountain Bike Rentals, Hiking and Biking Trails." At the time, a primary environmental educational facility of a self- contained building of 2,300 square feet was to have been located at the Mid Station area. It was to have provided information and a central gathering point for summer and winter visitors, as well as planned for environmental education classes and seminars. A 900 square foot caretaker was also envisioned at the time at the Elk Camp Mid Station area, not subject to the current employee housing requirements. February 7, 2005 Ordinance No. 2, Series of 2005, was approved granting a Final PUD for the Snowmass Mountain Master Plan Amendment. These changes affected the ski mountain as a whole and involved revisions to the lifts, the capacity increase of certain lifts, the modified addition of a gondola between Base Village and Elk Camp Meadows, expansion of on- mountain facilities, recreation areas and restaurants, development of a new beginners area and terrain park, creation of additional trails, expansion of the snow making system, and the winter and summer programs and uses, together with a re- zoning of the 2 ski mountain to a `Recreation' (REC) zone district. This ordinance carried forward the previously approved limitations of the building and commercial square footage (floor area) of 120,000 square feet with a maximum building coverage of 80,000 square feet. Also included within these restrictions is the Elk Camp Mid Station limit of 43,815 square feet, which was also carried forward. In addition, 8,360 square feet of employee housing was required to be mitigated by the Club Commons II employee housing project per the Restricted Housing Agreement in 2005 and any remaining square footage required by cash -in -lieu. As the Club Commons II project was subsequently utilized by Base Village for their housing mitigation, the applicant paid cash -in -lieu for the employee housing required by Ordinance No. 2, Series of 2005, explained via a letter dated June 29, 2007 (see Tab 14 of the application materials). June 1, 2010 The applicant submitted the combined Special Review and Minor PUD Amendment regarding the proposed Elk Camp Restaurant; June 9, 2010 The Town's Planning Department issued completion review comments on the applications; June 29, 2010 The applicant resubmitted the applications, which were deemed complete by the Planning Department for referral and review purposes; June 30, 2010 The applications were mailed, sent or delivered to affected Town Departments, districts and referral agencies for review; July 12, 2010 Review comments were requested due to the Planning Department from the referral agencies (see Attachment 2 for the initial review comments received provided for the public record); July 23, 2010 The applicant requested that the application be placed on hold to make some design modifications; October 1, 2010 The applicant submitted the updated application explaining the design changes along with their responses to the initial referral agency comments (see Attachment 3); October 5, 2010 The applicant completed the submission of the updated application; October 11, 2010 The updated application was referred to the affected referral agencies that had comments initially; October 25, 2010 Review comments were requested due from referral agencies (see Attachment 4 for the second round or latest comments received); November 3 and 17, 2010 Planning Commission's review and action upon the applications. See the signed Resolution No. 7, Series of 2010, for their recommendations (Attachment 7). IV. APPLICABLE REGULATIONS Municipal Code review criteria that regulate the review of a Special Review application include Municipal Code Section 16A- 5- 230(e), Review Standards For Minor PUD Amendments, the standards that regulate the review include Section 16A -5 -390, Amendment of final PUD of the Snowmass Village Municipal Code. These standards make reference to Section 16A- 5- 300(c), General Restrictions and Section 16A -5 -310, Review Standards which also make reference to Article IV, Development Evaluation Standards of the Municipal Code. The burden of proof is upon the applicant to demonstrate to the Town Council that the review standards have been met so that the Council can make their findings in a subsequent resolution and ordinance regarding the applications. 3 V. DISCUSION ITEMS: CORE ISSUES ALTERNATIVES AND IMPLICATIONS Wildlife impacts. In 2005, there was a finding made in Ordinance No. 2, Series of 2005, stating: "The requirements of the Municipal Code Section 16A -4 -20, Sensitive wildlife habitat areas are satisfied by the U.S. Forest Service process of evaluating an Environmental Assessment (EA) in addressing the environmental and wildlife impacts from the proposed ski and snowboard mountain changes, including new ski and snowboard lifts, lift relocations realignments, and trials, including the site specific Burnt Mountain elements, the Sam's Knob Express installation and associated grading." The EA was eventually submitted March 2006, including the "Proposed Elk Camp Beginner Park and Summer Multiple Use Trials Environmental Assessment." The application states that, "As part of the Mitigation Plan a comprehensive educational system will be installed to inform all users of the sensitive wildlife concerns regarding Snowmass Village and the Elk Camp area. This educational element will be part of a larger educational and interpretive theme integrated throughout the Elk Camp Meadows site." The Colorado Division of Wildlife responded with comments dated July 9, 2010 (Attachment 2) and a follow up evaluation on December 6, 2010 (Attachment 4). The application includes a letter from the United States Forest Service. Planning Commission findings /recommendations The United States Forest Service (USFS), owner of the property, has provided written confirmation of an approval of the conceptual plans for the Elk Camp Restaurant as further described in their letter dated March 29, 2010 as part of the application materials, which appears to provide acceptable authorization in order to conduct a complete review the applications by the Town. Further, wildlife issues were previously addressed in the current Final PUD and per the subsequent Environmental Assessment under the review authority of the USFS. Elk Camp Meadows borders near but is not located within a sensitive wildlife area pursuant to the Town's Comprehensive Plan. The Planning Commission recommends that the applicant should continue to comply with the current Environmental Assessment as submitted in March 2006 and titled "Proposed Elk Camp Beginner Park and Summer Multiple Use Trials Environmental Assessment." (See the lighting section below for further recommendations.) Staff Comments Recommendations Staff agrees with the Planning f Commission findings and recommendations. Also, if a primary Environmental Interpretive Center or environmental educational facility of 2,300 square feet was previously envisioned in 1994 to be located at the Mid Station area, staff questions why such a facility could not be located within the new Elk Camp Restaurant facility, unless it is determined that the one near the summit of Elk Camp is adequate. There appears to be additional space on the lower level of the new restaurant for such a usage. Lighting plan for nighttime operations. The application proposes nighttime operations of the restaurant facility with a lighting plan as part of the Special Review application. See Tab 10 in the application materials. 4 The Final PUD Guide approved with Ordinance No. 2, Series of 2005, allows "night operations of the Elk Camp gondola, Burlingame, Cabriolet, and Sam's Knob Express lifts until 12:00 am, with option to extend hours subject to Special Review." It also allowed "night operations of on- mountain restaurants until 12:00 a.m." However, a Special Review application requirement was built into the PUD Guide for restaurants and "any nighttime operations that require lighting, subject to conformance with the lighting ordinance." The lighting ordinance for commercial areas states that lighting needs to be fully shielded so that the light source is not visible from adjacent areas, not to exceed 15 footcandles. Prohibited lighting includes linear lighting and usage of fixtures to illuminate a building fagade when such lighting is mounted to the ground. Planning Commission findings /recommendations The Planning Commission found that the Special Review applications for the Elk Camp Restaurant and the lighting plan for nighttime operations meet the review criteria in the Municipal Code. The Planning Commission found the hours of operation for the facility and appropriate outdoor music events as proposed in the application reasonable. However, in light of the referral comments provided by the CDOW regarding the hours of operation of the facility and outdoor music events, the Planning Commission recommends that the Town Council request of CDOW more detailed information in support of said referral comments and that Town Council consider such additional information and rationale when making a decision on hours of operation and outdoor music at the facility. (Note: See the follow up evaluation provided by CDOW dated December 6, 2010 Attachment 4). The Planning Commission recommends that, with the submittal of or during the review of the building construction plans and prior to the issuance of a permit, the applicant should provide a final lighting plan for review and sign -off acceptance by the Town's Chief Building Official. Staff Comments Recommendations The applicant's lighting plan appears to be proposing relatively low levels or subtle exterior lighting or fixtures for the restaurant facility such as, recessed ceiling lighting, up lights below a roof overhang at the entry for accent purposes, step lighting with the fixtures controlled by dimmers and timers. More specifically, the lighting levels appear to be 75 watts or less, many light fixture options at 25 watts or less and some with less than 10 watt LEDs. There are no free standing site light fixtures proposed. The photometric plan seems to indicate that the maximum 15 foot candles per the lighting ordinance standard is being met even for the loading area. In the summer, daylight prevails until 8:00 to 9:00 pm. In consideration of the latest comments from CDOW dated December 6, 2010, it would appear feasible to close down operations by dusk during the summer months, in order to address potential impacts upon wildlife in the area. Staff also questions why the up lighting is needed and would advise that music be performed inside the building. Also see the initial comments dated July 9, 2010 from the CDOW (Attachment 2). Otherwise, staff does not necessarily dispute the Planning Commission findings and recommendations regarding the lighting plan and hours of operation. 5 Affects upon 30% slopes. During the completion review of the application, staff requested that the applicant provide plans indicating what portions of the site were either natural or man -made 30% slopes. Civil Plan Sheet 3 of 4 indicates that the 30% slopes in and around the proposed restaurant building were man- made, likely a result of the re- grading that took place when the gondola storage building or Turkey Trot area was constructed or re- graded. Planning_ Commission findings /recommendations Planning Commission found that the site is not located in a hazardous geologic area. Also, the proposed restaurant would be developed or encroach upon man -made 30 percent or greater steep slopes. The Applicant's geologic engineer submitted a letter dated June 10, 2010 stating that, a) the planned restaurant construction will not adversely affect the stability of the site, b) the slopes at the site are not prone to instability or failure, c) the proposed development will not increase slope instability or increase the potential for slope failure, and d) that there will be no significant risk that damage to adjacent property would occur resulting from the proposed construction. Such confirmations seem to acceptably comply with the Code standards. Staff Comments Recommendations Staff agrees with the Planning Commission findings. The building also appears to take advantage of the slope in the area by creating two levels for the facility that step down the hillside. Drainage impacts from new impervious areas. The Town Engineer's office has prepared the civil plans for the proposed project. Therefore, staff referred the application to another engineering consultant, Sopris Engineering in this case. Reference the attached comments from Sopris Engineering dated July 12, 2010 (see Attachment 2) and their follow up review dated October 25, 2010 (see Attachment 4). Planning Commission findings /recommendations Planning Commission found that the proposal does not directly impact the Brush Creek corridor and that the proposed site for development is located outside of the Brush Creek impact zones. Additionally, the application proposes re- grading into an existing re- contoured man- made hillside next to the gondola cabin storage building with drainage patterns being unaltered and off -site drainage controlled through a sediment pond, which appears acceptable for final design review. However, Planning Commission recommended that with the submittal of or during the review of the building construction plans, and prior to commencement of construction, the applicant should provide: a) a final drainage analysis report and designs for runoff mitigation systems for review and sign -off acceptance by the Town's designated engineering consultant; and b) final civil plans and intended improvements for the Elk Camp Work Road, including: i) the best management practices or BMPs that would address or mitigate drainage impacts, and ii) the requested bench mark information during the review of the building construction plans that demonstrate consistency with any land use approval, for review and sign -off acceptance by the Town's designated engineering consultant to satisfactorily address the referral agency review comments. 6 Staff Comments Recommendations Staff agrees with the Planning Commission findings and recommendations. Utility servicing and fire protection. See the attached comments from Sopris Engineering dated July 12, 2010 and from the Snowmass Wildcat Fire Protection District (SWFPD) dated July 21 and 22, 2010 as well as comments dated July 29, 2010 from the Colorado State Forest Service (CSFS). A fire sprinkler system would be required to address the comments and access issues. The latest comments from SWFPD dated November 3 and 13, 2010 are attached (see Attachment 4), which indicate that the applicant resolved their issues. The Snowmass Water and Sanitation District (SWSD) has yet to submit review comments on the proposal as of the writing of this report, but staff has contacted the District in attempts to determine if there are any issues. SWSD would be required to sign -off on the building permits, however. Planning Commission findings /recommendations The applicant represented that they would utilize existing utility lines in the area that were made to the similar -sized Cafe Suzanne. Raw water would be delivered to the site by the proposed expansion of a nearby water treatment plant by via an eight -inch (8 pipe connected to the 39,000 gallon pond at the Sandy Park diversion. Sanitary sewer service would be provided via a connection to an existing Snowmass Water and Sanitation District sewer line. The plans appear acceptable for final design review. The applicant acknowledged that a fire sprinkler system for the new restaurant would be installed and tied into the fire protection supply system in the adjacent gondola cabin storage building, which per the applicant was designed and sized at the time of installation to serve both the cabin storage building and the new restaurant. The applicant also seems to have satisfactorily responded to the Snowmass Wildcat Fire Protection District and the Colorado State Forest Service regarding the location of vegetation located 10 feet or more from the building edge, the roofing to be constructed of non combustible materials, and by improving the Elk Camp work road. Such plans appear acceptable for final design review. The Planning Commission also recommends with the submittal of or during the review of the building construction plans, and prior to commencement of construction, that the applicant should provide final civil plans that demonstrate consistency with any land use approval, for review and sign -off acceptance by the Town's designated engineering consultant, the Snowmass Wildcat Fire Protection District, the Snowmass Water and Sanitation District for sewer service, and the Colorado Department of Public Health for water service that satisfactorily address the referral agency review comments. Staff Comments Recommendations Staff agrees with the Planning Commission findings and recommendations. Additionally, staff understands via SWFPD that Elk Camp Meadows is located within the Aspen Fire District, but Municipal Code Section 18 -124 states that by IGA the SWFPD enforces the fire codes of the Town. The SWFPD station location improves ease of accessibility to the site. Concerning the access issues, the Town did not adopt the Wildland -Urban Interface Code. The proposed development is atypical of a development within 7 an urban area where the Town could require a possible adjacent street dedication and /or fire lane grant built to Town standards. The site is remotely located on US Forest Service land and poorly accessed similar to the Sam's Knob Restaurant. Due to the poor access and in lieu of upgrading or paving an approximately two -mile stretch of mountain roadway for all- weather conditions, there should be a trade -off on the site for the provision of other fire protection measures in the form of defensible space, a sprinkler system and minimal usage of combustible exterior materials. See the applicant's response to these issues in their letter dated October 1, 2010 (see Attachment 3). They plan to improve the mountain access road, but the specific upgrades are not identified. Solid waste management. The application provides a detailed description of the food deliveries, supplies, storage, trash and recycling management during the winter and summer seasons. See Tab 1 of the application materials. Also, the CDOW has similar issues per their comments dated July 9, 2010 (see Attachment 2). Planning Commission findings /recommendations The Planning Commission found via the applicant's information that solid waste from the ski mountain will be satisfactorily handled through the Divide vehicle maintenance facility below the mountain. However, the Planning Commission recommends that the applicant keep any future proposed outside trash /garbage, such as any proposed dumpsters next to the loading area per the application, in an approved bear resistant containers especially during the operation of the restaurant in particular from spring to fall, close and lock all doors and windows on the facility during non operating hours, and install rounded door handle knobs on all exterior doors, unless superseded by other Code requirements. Staff Comments Recommendations Staff agrees with the Planning Commission findings and recommendations. The precise location and design of any proposed dumpster enclosures with the building construction plans should be approved by the Planning Director prior to the issuance of a building permit for the structure. Energy conservation methods. The application states that the building is designed to be highly energy efficient and integrates green design elements and passive energy management techniques. The application states that the building is being designed to LEED standards, with a goal of obtaining LEED Gold certification. Planninq Commission findings /recommendations The Planning Commission found that the building appears to acceptably have access to four hours of direct sunlight (10:00 a.m. to 2:00 p.m.), sufficient year -round solar access to the south wall or south roof, and incorporate passive and solar techniques. The Planning Commission acknowledged in their resolution the applicant's description of the high energy techniques and their proposal of meeting LEED standards. Shadow impacts should be negligible and probably no greater than that what currently exists for the Cafe Suzanne building. The Planning Commission recommended that any proposed future snow melting, such as patio spaces, would need to comply with the then current Renewable Energy Off -Set Program or related requirements at the time of the building construction plan review for such a change. 8 Staff Comments Recommendations Staff agrees with the Planning Commission findings and recommendations. From on -site observations, sufficient year round solar access should not be an issue. Also, staff previously questioned whether the initially proposed gas fireplace or grill for use by many people should be utilized in the summer due to'the close proximity of the forested areas, especially during dry weather periods, but the updated application removed the gas fireplace. The proposed outdoor grill would operate instead on good weather days. Building design. Colored perspective renderings and photos of the types of exterior finishes proposed are located behind Tabs 6 and 7 of the application materials. Tab 1 of the application further provides descriptions of the building design and how it would comply with the Municipal Code standards. Planning Commission findings /recommendations The Planning Commission found that the application adequately addresses the criteria regarding site integration, scale and mass, building materials, climate /solar orientation and views. The proposed restaurant varies in height around the structures and would be below the previously established 65 foot height limit for the restaurant "R" areas on the ski mountain. The building materials will mainly incorporate board formed concrete base walls, aluminum storefront glazing, cedar and corrugated metal siding, and stone veneer in selected locations such as wainscoting, the fireplace and the building entry areas. The roofing treatment is not called out on the building elevations but is noted in the text as matching the gray colored roofing treatment on the adjacent gondola storage building. The roofing treatment approved for that building was a non reflective, non -white earth tone color single ply roof membrane. Such overall design treatment for the building appears consistent with the standards requiring, "buildings shall be designed with natural materials and details that are indigenous to Colorado and that are non reflective." Further it states, "Materials should be predominantly authentic in their appearance, with natural textures and weathering," which this application seems to satisfactorily address. In addition, "The indigenous materials of the surrounding mountains should be conveyed by integrating heavy timbers, natural siding materials and rock into the building design," which this application also seems to adequately address. The Planning Commission further found that the Applicant represented that there would be no roof top mechanical units and that the mechanical spaces would be placed in the back portion of the facility, which is the preference and therefore acceptable. In the end, the Planning Commission recommended the following: 1) The applicant should confirm that the colors on the building match, complement, or appear similar to the colored renderings as represented by the applicant in their application materials or as accepted by the Town decision makers prior to calling for a zoning inspection, 2) If any of the roof top flues, vents or exhaust shafts happen to be visible beyond the roof line of the building or parapet feature, such equipment should be concealed with matching or similar building exterior or roof finishes or primed and painted to blend with the roofing material color prior to calling for a zoning inspection, and 3) If advertising signs are proposed in the future, the applicant should file for a sign permit application for review and consideration by the Town's Planning Director. 9 Staff Comments Recommendations Staff agrees with the Planning Commission findings and recommendations. Landscape plans. The majority of the new plant material is proposed for installation along the north, east and south sides of the building and no longer within planters as previously envisioned. See related comments from the Colorado State Forest Service dated July 29, 2010 (Attachment 2). Planninq Commission findings /recommendations Planning Commission found that a landscape plan was provided in the application received on October 1, 2010, which appears acceptable for final design review. The existing alpine environment in the immediate area also seems to provide additional acceptable screening and buffering. The Planning Commission recommends that the applicant substantially re- vegetate all disturbed areas with native plant species appropriate for wildlife after completion of the exterior shell of the building and deck area as soon as practical upon the close of the 2012/2013 ski season, and complete the landscaping in full no later than the start of the 2013/14 ski season, for the purposes of erosion control and aesthetic presentation. Staff Comments Recommendations Staff generally agrees with the Planning Commission findings and recommendations. Additionally, the plant material types as well as the minimum sizes appear fairly generous in the planting legend on Sheet A2.2. The updated landscape plan shows a larger pocket of a landscaped area of Aspen trees on the south side, and the trees on the site were moved 10 feet away from the building to create defensible space. Staff was earlier recommending a few low- profile plant material clusters to assist in breaking up the appearance of the south and west edges of the facility and the retaining walls, but not necessarily placed to block views of the surrounding mountains from the facility. Floor plans and usage. Staff and the applicant worked on the floor plans and calculations during the completion review of the application. The updated floor plans and calculations are included behind Tab 9 in the application materials. Planning Commission findings /recommendations The Planning Commission stated that there is a reference that the maximum amount of commercial space for the ski mountain is 120,000 square feet, including the limit for "mid- station" facilities in Elk Camp Meadows at 43,815 square feet. The proposed Elk Camp Restaurant at approximately 17,480 square feet would replace Cafe Suzanne of 17,500 square feet, which would continue to fall within the maximum square footage requirements. Staff Comments Recommendations Staff finds the floor area calculations consistent with the Municipal Code standards. The facility calculates to 17,480 square feet of floor area, which would be within the remaining floor area square footage of 24,959 square feet allowed (e.g., 43,815 SF allowed within the Elk Camp Meadows area minus 12,000 SF for the nearby VMF and 6,656 SF for the adjacent gondola storage building), subject to the 17,500 SF Cafe Suzanne building being removed. Therefore, staff agrees with the Planning Commission finding. Employee housing requirements. As the proposed Elk Camp Restaurant facility would be less in size than the current Cafe Suzanne building as noted above, and considering the Municipal Code's 115% redevelopment credit, there 10 would be no employee housing requirement. Reference Tab 14 of the application materials. Planninq Commission findings /recommendations Planning Commission found that the employee housing requirements for Snowmass Mountain were previously addressed via Ordinance No. 9, Series of 1994, and Ordinance No. 2, Series of 2005. The replacement restaurant is smaller by comparison and should generate a lesser number of employees, also considering the 115 percent redevelopment credit allowed by the Municipal Code. Staff Comments Recommendations Staff agrees with the Planning Commission findings. The existing restaurants on the ski mountain earlier required no employee housing (i.e., prior to the establishment of employee housing standards), but the employee housing required by the 2003/04 amendment was addressed via Ordinance No. 2, Series of 2005, and was subsequently mitigated by a cash -in -lieu payment. Pedestrian and skier circulation, including interim skier circulation during construction period. During the completion review of the application, staff requested clarification of the interim construction site condition for skier circulation during the 2011/12 ski season. Planning Commission findings /recommendations The Planning Commission found that the proposed trails or connections seem adequate and not inconsistent with the Snowmass Mountain Master Plan Amendment and Final PUD approved via Ordinance No. 2, Series of 2005, also considering that three more bike trails are planned. The plan appears to refine the majority of the skier trips and circulation from the Elk Camp area, around the Elk Camp ski lift and over to the Two Creeks area and tends to avoid the crisscrossing skier routes that currently exist between the gondola, Cafe Suzanne and the Elk Camp lift. Due to the grading shown, most of the skier trips from the Elk Camp area would likely be inclined to access the new restaurant from the lower level entrance, which is the same condition that exists now for Cafe Suzanne. The applicant represented that they studied the skier circulation in depth and satisfactorily explained that by sign control placements the approximate 100 foot distance between the new restaurant and the nearest forest to the south would provide adequate room and safety for skiers unloading the gondola, clicking back in, and for pass -by skier traffic. Staff Comments Recommendations Staff does not dispute the Planning Commission findings. The application appears to acceptably clarify that the construction site fencing would be brought tight in around the building construction site to facilitate skier circulation between the gondola, Cafe Suzanne and the Elk Camp lift. Construction management plan. The applicant's construction management plan is provided behind Tab 12 of the application materials. The applicant requests a 7 -day a week construction period. The Elk Camp Restaurant would be constructed over two construction seasons to facilitate ongoing operations during the winter and summer in the immediate vicinity. The building would be constructed in a manner that allows winter and summer recreation to occur in the areas surrounding the site. Construction will stop between Fall 2011 and Spring 2012 for the winter ski season. The application states that construction fencing 11 will be placed tight against the building and patio, and the site will be re- opened for skiing during the 2011/12 ski season. Staging areas will be cleaned and returned to a condition suitable for skiing. The Cafe Suzanne restaurant is planned to remain open and accessible during construction for both winter and summer operations, and would be demolished prior to the opening of the Elk Camp Restaurant. See the CDOW comments (Attachment 2) and the latest Town's Environmental Consultant comments dated October 25, 2010 and the follow up correspondence (Attachment 4). Planning Commission findings /recommendations With the submittal of or during the review of the building construction plans, and prior to the issuance of a permit, the applicant should provide an updated and detailed Construction Management Plan that demonstrates compliance with Ordinance No. 12, Series of 2007, standards and regulations for construction management within the Town, and the provisions of, a) addressing the fuel and other fluid storage and containment areas, b) a fugitive dust control plan, and c) employee and contractor parking and transportation. Concerning the construction.schedule, the Planning Commission recommended that despite the appropriateness of allowing construction activities to occur on the site from 7:00 a.m. to 7:00 p.m. seven days per week, there should be no construction deliveries to the site after 6:00 p.m. If needed, exterior construction work should be permitted during the requested seven days per week during daylight hours. Interior construction should be allowed to be performed at all hours of the day or night, seven days a week to better ensure completion within the stated time frame. The Planning Commission also recommended that usage of exterior machinery should be minimized to the extent possible utilizing BMPs between May 15 to June 20 due to the nearby elk summer range and the calving production area during this period and that any outside trash /garbage on the building site during the construction period should be kept in approved bear resistant containers in particular from spring to fall. Staff Comments Recommendations During the completion review, staff requested clarification of the interim skier circulation conditions during the 2011 /12 winter ski season, and the application (per the above description) explained such a scenario. A 7 -day a week construction period request during the summer months was previously granted when the Sam's Knob Restaurant was constructed, mainly due to the site's remote location away from the Town. Overall, staff does not dispute the Planning Commission recommendations regarding the construction management plan. Effects upon previously approved Final PUD Guide (Minor PUD Amendment). As a result of the Special Review application for the Elk Camp Restaurant, which might conceivably be the last new restaurant on the ski mountain for a while, the applicant submitted a Minor PUD Amendment to address changes in the Final PUD Guide approved with Ordinance No. 2, Series of 2005, for the ski mountain as a whole. See Tabs 3 and 15 of the application for the description of the proposed changes to the Final PUD Guide. Tab 15 incorporates the adopted and the redlined version showing the proposed changes together with the final 12 intended version of the development parameters. The Final PUD Guide was not amended when the new Sam's Knob Restaurant was proposed. The amendment would clarify certain sections of the Final PUD Guide such as: a) updating the primary restaurant and picnic facility figures; b) adding or modifying separate definitions for `Ski Related Commercial Facilities,' `Ski Related Facilities,' and `Commercial Service Areas,' as these uses were previously all grouped together as part of the `Ski Related Facilities' definition from the Municipal Code and the expanded definition of `Skier Services' also included in the previous Final PUD Guide; and c) modifying the language in the `Limitations of Facilities and Uses' section such as clarifying that the previous maximum 120,000 SF floor area and 80,000 SF building coverage limitations apply to the new definition of `Ski Related Commercial Facilities.' The applicant plans to later update their inventory list of on- mountain structures and total square footage figures or other information as such data may likely be needed for reference purposes following construction or completion of the Elk Camp Restaurant. Planning Commission findings /recommendations Pursuant to Section 16A -5- 390(3) of the Municipal Code and as more particularly described in the applicant's application notebook received October 1, 2010 regarding the Minor PUD Amendment application, which includes clarification of the development parameters and usage definitions, the Planning Commission found that: a) The ski related operations facilities on the mountain should not be considered commercial in nature; b) The inventory list of on- mountain facilities has been proven helpful in the review of past amendments, and it appears acceptable to defer an update of the inventory list of on- mountain facilities to utilize as a baseline reference for future amendment reviews after the new Elk Camp Restaurant is built and the Cafe Suzanne removed; c) The proposed revisions to further clarify the Final PUD Guide standards seem consistent with, or an enhancement of, the original PUD approval; d) The proposed amendments do not appear to have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property; e) The proposed amendments do not appear to change the basic character of the PUD or surrounding areas; and f) The proposed amendments comply with the other noted and applicable standards of the Municipal Code such as Section 16A- 5- 300(c), General Restrictions and Section 16A -5 -310, Review Standards and as more specifically addressed in the Planning Commission's resolution. The Planning Commission recommends that the applicant should provide an update of the inventory list of all on- mountain commercial and operational facilities to utilize as a baseline reference for future amendment reviews after the new Elk Camp Restaurant is built and the Cafe Suzanne removed, or provide no later than December 31, 2015. 13 Staff Comments Recommendations Staff concurs with the Planning Commission findings and recommendations. However, Town Council should take the following staff analysis below under advisement or consideration. Staff welcomes the idea of clarifying or updating the Final PUD Guide after almost six years since the previous approval. Staff believes the intent all along was to limit on- mountain commercial or restaurant type facilities to the maximum 120,000 SF building commercial space or floor area and the 80,000 SF building coverage limitations. However, it should be more specifically determined by the Town Council the necessary on- mountain operational structures are commercial in nature, but all the structures combined on the mountain currently exceed the 120,000 SF limitation. The added definition of `Ski Related Commercial Facilities' would more specifically determine what types of facilities are regulated by the current limitations. The proposed new commercial definition or standard would not include the necessary on- mountain operational structures on the ski mountain (see Attachment 5 for current inventory list). Secondly, the added definition of `Commercial Service Areas' clarifies more specifically what may be exempt from the floor area calculations and seems consistent with the Municipal Code. The Code states that, "service areas and other similar uses" are exempt from the floor area calculations for commercial and other non residential uses. Staff believes the floor area plans and calculations for the new Elk Camp Restaurant are consistent with the Municipal Code's floor area calculation standards. Staff has worked with the applicant on these drawings and calculations during the completion review process of the application submission. Lastly, it is recommended that the applicant's proposed new definition of `Ski related facilities' be changed to `Ski related operational structures' or another term to avoid possible conflict or confusion with the Municipal Code definition of `Ski related facilities' (see Attachment 6), which includes restaurants and other food services. In 2004/05 the applicant and staff inventoried the other facilities on the ski mountain. However, it was and has been difficult in the recent past to monitor on -going changes to the ski mountain inventory and to regulate and update on- mountain structures that are needed for the necessary operation of the ski mountain. Such structures, not including vehicle maintenance or gondola facilities, include: lift terminal structures, lift maintenance rooms, snowmaking compressor structures, pump houses, miscellaneous outhouse and storage structures, patrol huts, bomb caches, temporary type yurts, Nastar shacks, or similar types of buildings that are most typically less than 5,000 square feet of floor area in size (see Attachment 5 for current inventory list). In Ordinance No. 2, Series of 2005, these operational buildings totaled approximately 35,000 square feet, not including restaurants, gondola and vehicle maintenance facilities. To address the above matter, the applicant's added definition of `Ski Related Facilities' seems reasonable and might clarify which types of facilities may be exempt from the commercial square footage calculations and could be advantageous in this case rather than addressing at this time the inventory updates or other changes in the PUD Guide for future consideration. However, decision makers should determine if the `Ski related facilities' or.operational type 14 structures are commercial in nature since the ski operations as a whole appear commercial in nature. There are currently in place in the Final PUD Guide triggers for different types of application reviews if certain expansions or changes are proposed in the future. The applicant has always had the opportunity now or in the future to propose amendments to the Mountain Master Plan PUD, if the current proposal is to defer addressing changes to or eliminating the current inventory list. However, the proposed new `Ski Related Commercial Facilities' definition at this time attempts to better clarify which buildings or uses would need to comply with the 120,000 SF limitation. In the future, it may still be helpful to have an updated list of on- Mountain facilities in place for future reference, and if it is agreeable that such an update be deferred, then staff would recommend a new base line of inventoried structures on the mountain after the new Elk Camp Restaurant is built and the Cafe Suzanne removed, or no later than 2015. A baseline inventory would assist staff and decision makers in evaluating future proposed amendments. VI. OTHER HEADINGS RELATED TO THE TOPICS Attachments 1. Aerial map of area; 2. First Round of Review Comments from Sopris Engineering dated July 12, 2010; Town's Environmental Consultant dated July 23, 2010; the Snowmass- Wildcat Fire Protection District SWFPD) dated July 21 and 22, 2010; Colorado State Forest Service (CSFS) dated July 29, 2010; and the Colorado Division of Wildlife (CDOW) dated July 9, 2010; 3. The applicant's changes to the initially submitted application and their responses to referral agencies including referenced information received October 1, 2010; 4. Second Round of Review Comments from Sopris Engineering dated October 25, 2010; the Town's Environmental Consultant dated October 25, 2010 plus follow up correspondence; Recent comments from the SWFPD dated November 3 and 13, 2010; and the latest reply from CDOW dated November 30, 2010. 5. Inventory list of on- mountain facilities as of 02 -07 -05 from Final PUD Guide; 6. Municipal Code definition of `Ski related facilities'; and 7. Signed Planning Commission Resolution No. 7, Series of 2010. Enclosure CD of application notebook dated June 2010, updated September 2010, and received October 1, 2010 for referral and review purposes. Note Hard copies of the applications are available upon request). VII. NEXT STEPS A public hearing has been scheduled in advance and will be published in the Snowmass Sun on December 15, 2010 for the Town Council meeting on January 3, 2011. The Planning Department staff is preparing to draft a resolution for the Special Reviews and an ordinance for the Minor PUD Amendment for scheduling and consideration after the public hearing on January 3, 2011, unless otherwise directed by the Town Council. 15 ATTACHMENT 1 ELK CAMP` MEADOWS AREA SNOWMASS SKI; S*,. MOUNTAIN�� 2010 North "`1 k �t ti P f PPS °$,0 „�r$P• 6�i;� TWO Creeks �Lift Upper Terminal p �t RA Ra burn's :r Cafe Y x S x sf Pond �s Suzanne x Y Gondola Upper Terminal�a }x w o, 6 4 d b ri 'Site for Elk Camp��= Gondola Cabin Res taurant, s w Storage Bldg tN Y Y f 4 f h �t +7 L. r x t 4 3 1 of 1 10/21/2010 3:48 PM ATTACHMENT 2 FIRST ROUND OF REFERRAL AGENCY COMMENTS Sopris Engineering dated July 12, 2010; Town's Environmental Consultant dated July 23, 2010; Snowmass- Wildcat Fire Protection District dated July 21, 2010; Colorado State Forest Service dated July 29, 2010; and Colorado Division of Wildlife dated July 9, 2010 July 12, 2010 Jim Wahlstrom, Community Development Department Town of Snowmass Village Reference- Elk Camp Restaurant Snowmass Ski Area Special Review and Minor P Amendment SE #10129.01 Dear Jim: The purpose of this letter is to provide engineering comments for the Elk Camp Restaurant and the proposed Snowmass Ski Area Special Review and Minor IDLED Amendment. Our comments are general in nature and provide a broad overview of issues to be resolved, rather than to get into details. Site Review Existing Conditions: The existing site contains a previously-constructed restaurant along with existing utilities, including water supply, wastewater collection, natural gas, electricity, and telephone Iii It is our understanding that the proposed restaurant will have a similar serving capacity as the existing Cafe Suzanne. The difference will be in the levels of service this facility will provide, including multi-season operation. Existing utilities currently serving the site will serve the majority of needs for the proposed improvements. Developed Conditions: The proposed new restaurant will be built as a multi-level structure on reasonably- graded, varying ground slopes next to the Elk Camp gondola station. An onsite drainage collection and sediment removal pond are collectively intended to provide necessary storinwater quality enhancements. The conveyance and discharge components of this drainage system however, are not shown for this level oi We anticipate a final drainage analysis report and designs for runoff mitigation systems evil I be submitted with the building permit application. Development on Slopes greater than 30%: WI development on slopes greater than 30% is prohibited, certain exceptions apply, and this site is sulject to the following exceptions: 1. The future building footprint and the majority of the surfaces around the building areas remain below 30% ground slope as shown on site plans prepared by SGM. 2. The site plans in the submittal package indicate slopes greater than 3 )0% within the building envelope. These slopes will be alleviated as a result o 'I multi -level building construction and overlot grading as shown on the plans. All such areas disturbed by grading are to be contoured so 6ev can be revegetated with native seeds after construction. 3 The Applicant will be required to obtain a State SW and fugitive dust Control permit if construction disturbance is greater than one acre. 502 Main Street Suite A3 Carbondale, CO 81623 (970) 704-0311 Fax (970) 70 4 0393 -3— Soms ENGINEERING UC civil consultants 4. Ground Control Reference None of the drawings have a Bench Mark or basis of elevation to verify the validity of the topographic information base. It is missing from the application package. The applicant must provide both vertical and horizontal control monument (s) in order for us to verify the validity of the site plans. Recommendations Drainage and Erosion Control: The applicant proposes to mitigate dramagewaters and soil erosion activities relative to site development, and incorporates concurrent measures for this project. Those measures are reflected in the PUD plans. The topographical challenges within the areas surrounding this property allow only certain best management practices (BMPs). We would like to review the BMPs in the construction drawings and details submitted under a building permit application to ensure proper application and maintenance of them. Water Supply and Storage: Assuming the existing surface water treatment plant and pumping facilities wilt be subject to CDPHE's review and approval, the raw water supply source, storage requirements, and distribution to multiple demand intakes were not submitted for review. We understand that a single storage pond with 30,000 gallon capacity is intended to supply all needed water for the proposed development and existing facilities. We need clarification of the following items in support of the proposed facility uses and will leave detailed review and evaluation to construction designs and final engineering reports, The following concerns need to be addressed more adequately for this round of approval: A single 30,000 gallon water storage pond at the Sandy Park Diversion that will supply raw water for: a. Fire suppression flow quantities and line pressure that will meet Fire Marshall requirements for fire flow storage volumes. b. Verify average and peak demands for domestic water needs. c. Verify the needs for irrigation demands. d. Verify the capacity of storage pond with winter ice layer. Verify a reliable supply source will. provide water to this pond for multi-season occupation and operation as proposed by the applicant. I would be happy to discuss these issues with you and the applicant in more detail. Meanwhile, if you have any questions or comments, please do not hesitate to call me. Sincerely, Sopris Engineering, LLC I ZA-O"L 6��A Nick Adeh, P.E. 10129.01-1 502 Main Street Suite A3 Carbondale, CO 81623 Fax (970) 704-0313 SepRis ENGINEERING LLC civil consultants DUNLOP ENVIRONMEN CONSULTING INC. Environmental and Public Health Planning for the Future Thomas S. Dunlop President July 23, 2010 RECENED Town of Snowmass Village IJUL 2 3 20 Jim Wahlstrom, Sr. Planner Vd 130 Kearns Rd ass un ss voage D evelopment PO Box 5010 Snowmass Village, CO 81615 Re: Elk Camp Restaurant, Special Review and Minor PUD Amendment Application, June 2010 Dear Mr. Wahlstrom: As per your request, Dunlop Environmental Consulting, Inc. has reviewed the above referenced application for compliance with appropriate Town of Snowmass Village (TOSV) Codes. The focus of this review will be on water quality, air quality, noise management and the Construction Management Plan. Water Quality: The building will not be located in the Brush Creek Impact Area as defined by the TOSV Land Use and Development Code. The applicant also states that the "...building is not located in a flood plain or wetland area." In reviewing aerial photos from Google Earth and statements made in the application, it does not appear there are wetlands immediately adjacent to the property. The applicant does recognize there may be ground water seeps encountered during the spring runoff (CTL report, p.5). CTL (p.6) suggests it will be "...feasible to perform construction dewatering by sloping the excavation to a gravity outlet or to a sump pit where water can be removed by pumping, if required." Since this volume of water is unknown it is recommended the applicant address the discharge point(s) for seep water and if it will be diverted to the sediment basin discussed below under storm water treatment. A statement that there are no existing nor anticipated wetlands caused by site drainage will add clarity to this point. Should a site visit be organized this will be j point g a point to observe. Potable water will be provided via an existing water treatment plant close to Cafe Suzanne. An enlargement of the treatment capacity is mentioned in the application. Since this water system is considered a community system because of the number of people it serves it will 1 Post Office Box 6289 a Snowmass Village, Colorado 81615 USA a Office and Fax (970) 923 -4820 0 printed on recycled paper be permitted by the Colorado Department of Public Health and Environment as recognized by the applicant. Waste water treatment will be provided by the Snowmass Water and Sanitation District (SWSD). A confirmation letter from the SWSD is suggested to recognize the SWSD has capacity to treat the effluent from the restaurant and companion uses in the area. This type of confirming evidence is stated in the TOSV Land Use and Development Code, Sect 16A -4 -230. Storm water treatment is under the purview of the TOSV engineer. However, upon a review of the application a couple of questions surfaced. It appears the site drainage will be collected by an existing drainage channel leading to an existing sediment basin. Check dams and water bars will be constructed or enhanced along the drainage channel and existing access road. It will be helpful to know the capacity of the existing sediment basin and if it has the capacity to function in a reliable way. It will also be helpful to know the water detention time in the basin. The basin should be able to� im nish water velocity and retain the water until sediment can settle out. A basin maintenance schedule is suggested (e.g. How often will it be inspected and cleaned An explanation of where the discharge water will go after leaving the basin is recommended. Should a site visit be organized this will be an important feature to document. Air Quality: During the construction phase of the project fugitive (windblown) dust will be the largest concern. However, due to the remote location of the project it is unlikely negative impacts will be felt in populated areas. The applicant states (twice) in the CMP on p. 2 that "Dust mitigation will be provided with water trucks as necessary and/or mag chloride applied to primary haul roads." It is suggested that a fugitive dust control plan be submitted to refine the commitment to contain dust should it become an issue. This is a simple plan to generate, but one that can add clarity to when specific mitigation actions will be initiated by the applicant. Noise Abatement and Hours of Operation: Compliance with the TOSV Municipal Code regarding hours of operation and noise mitigation are mentioned in the CMP. The applicant commits "...not to exceed 80 decibels." This commitment is a bit vague since noise is usually measured at the property line. It is not clear at what point around the project work zone the applicant is not going to exceed the 80 decibel standard. The applicant is recommending construction on the project be allowed to proceed 7 -days per week. Due to the remoteness of the work zone this is not of great concern when simplifying it down to noise generated at the work site. However, consideration should be given to the presence of work trucks, machinery, and building materials traveling through residential areas to reach the haul road at the end of Wood Road. Movement of materials to and from the staging area at Two Creeks 7 -days per week might be of issue to neighbors. This reviewer will remain neutral on this point as it is more political than technical. 2 Construction Management Plan: As with any large construction project, and as mentioned in the CMP, "Construction machinery will include excavators, bulldozers, concrete trucks, cranes and conventional trucks (p.2)." There is no discussion about how fuel will be transported and /or stored on the work site. There is also an absence of discussion regarding storage of other fluids, oils, chemicals, etc on site. It is recommended the applicant provide information regarding containment of such materials, what emergency procedures will be in place should an unregulated release (spill) occur, and volumes of each product that will be stored on site. This concludes findings of this review. Contact me should you have questions or comments. Sincerely, Thomas S. Dunlop, MPH, REHS 3 Snowmass-Wildcat Fire Protection District From: Frank Rudecoff [mai Ito: FRudecoff@swfpd.com] Sent: Wednesday, July 21, 2010 4:04 PM To: Jim Wahlstrom Cc: John Mele Subject: re: New Elk Camp Restaurant Hi Jim, In reviewing the Special Review Documents for the proposed Elk Camp Restaurant the following questions came up: We noticed that a Wildfire Risk Assessment was not included. Does TOSV require one for new buildings in the rural setting Has anyone confirmed that the 30,000 gallon reservoir is adequate for the increased sq footage and is compliant with any code or standard? There are 3 codes /standards that have relevant codes /standards: IFC 2009, Appendix B; NFPA 1142, Water Supplies for Suburban and Rural Fire Fighting; International Wildland -Urban Interface Code; If the restaurant is approved for summer and night time use, the access road to the area is presently unacceptable and does not meet any minimum standards for use by emergency vehicles. Would TOSV require that the road be improved to minimum standards similar to those required in the Wildland -Urban Interface Code? I understand that TOSV did not include this ICC code in their adoption; but the language and guidelines would be a reasonable request for improving the road, Section 403. Please let us know. Thanks Regards, FrankRudecoff, Fire Inspector Snowmass Wildcat Fire Protection District 5275 Owl Creek Road P.O. Box 6436 Snowmass Village, Colorado 81615 frudecoff(o)swfpd.com 970 923 -2212 x 106 office 970 306 -2309 cel 970 923 -2224 fax COO FOREST SERVICE Grand Junction District 222 S. 6' St., RmX416 Grand Junction, CO 81501 (970) 248 -7325 July 29, 2010 Jim Wahlstrom Senior Planner, Town of Snowmass Village P.O. Box 5010 Snowmass Village, CO 81615 Re: Elk Camp Restaurant Special Review and Minor PUD Jim, I have reviewed the Elk Camp Restaurant Special Review and Minor PUD and have the following comments regarding wildfire hazard: The vegetation type and density surrounding the proposed structure is not clearly stated in this application. However, I can infer from the site plan maps that the proposed building is largely situated on a cleared ski run. My only recommendation is to require adequate defensible space clearance between the building and surrounding vegetation. The CSFS standard for defensible space clearing is to maintain at least 10 foot clearance from trees and /or brush from the sides of the structure, and to keep trees and brush thinned within 75 feet of the structure to maintain an average spacing of at least 10 feet between tree crowns. These guidelines are further explained in the CSFS publication "Creating Wildfire Defensible Zones" which can be found at the following link: http://csfs .colostate.edii/pdfs /06302.1)df The building construction seems adequate in terms of wildfire protection, with minimal use of flammable materials and non flammable roofing. Access and water supply could be a concern in terms of wildfire response. It is unclear as to whether the Elk Camp Work Road would be adequate access for fire response vehicles, and if the raod will be maintained in the future to handle emergency response vehicles. I will defer to the Snowmass Wildcat Fire Protection District to address these concerns. Thanks for the opportunity to comment on this proposal. Sincerely, Kelly Rogers u District Forester STATE OF COLORADO Bill Ritter, Jr., Governor L DEPARTMENT OF NATURAL RESOURCES b DIVISION OF WILDLIFE y AN EQUAL OPPORTUNITY EMPLOYER r0�, OF Thomas E. Remington, Director 6060 Broadway For Wildlife Denver, Colorado 80216 For People Telephone: (303) 297 -1192 wildlife.state.co.us July 9, 2010 Town of Snowmass Village BECEIVM P.O. Box 5010 Snowmass Village, CO 81615 RE: Elk Camp Restaurant m es It Dear Jim: Construction of the new Elk Camp Restaurant in its proposed location should not have significant impacts to wildlife. Wildlife mitigation is outlined in the Snowmass Elk Camp Summer Uses Mitigation Plan contained within the proposal which was reviewed by SKICO, USFS, and Division. The Division does have the following comments and recommendations: 1. Bear proofing is addressed in the application but it cannot be overstated. For all doors on the building which do not require ADA requirements, good quality round handled doors knobs should be used in order to minimize a bear's ability to gain entry. All other doors should close and lock tightly 2. Use of a trash room was mentioned in the application if there is not enough trash to utilize dumpsters. It is important that this room is securely closed at all times during operation to prevent an attractant for bears 3. Contractors are required to provide a bear proof container for all edible and food related trash. This is in the application but there is an approximate 70% noncompliance rate for this requirement. 4. The application did not include a landscape plan other than showing where some aspen and spruce would be planted. It mentioned shrubs as well. There should be no fruit, nut, or berry producing tree or shrub used in the landscaping in order to minimize an attractant for bears. 5. The applicant stated that any construction activity that may generate high levels of noise will be scheduled to be performed outside of operation of the gondola. These hours were not stated. Any high level noise construction should be done during the primary construction hours and not early a.m. or late afternoon early evening as this is the time most wildlife species are active. 6. Nighttime activities of the restaurant was approved to end at midnight. The Division believes this is too late and all nighttime operations should end by 10 p.m. 7. Any music event should take place within the facility and not outside. Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright. Sincerely, Perry Will Area Wildlife Manager Cc: R. Velarde, K. Wright, file DEPARTMENT OF NATURAL RESOURCES, Mike King, Executive Director WILDLIFE COMMISSION, Tim Glenn, Chair Robert Streeter, Vice Chair Mark Smith, Secretary Members, David R. Brougham Dennis Buechler Dorothea Farris Allan Jones John Singletary Dean Wingfield Ex Officio Members, Mike King and John Stulp ATTACHMENT 3 APPLICANT'S SUMMARY DESCRIPTION OF APPLICATION MODIFICATIONS AND RESPONSES TO THE INTIAL REFERRAL AGENCY COMMENTS WITH REFERENCED INFORMATION OCTOBER 1, 2010 ASPEN(()SNOWMASS., Jim Wahlstrom Planning Department Town of Snowmass Village RECEIVED PO Box 501 Snowmass Village, CO 8 1615 OCT 0 1 2010 bnowmass vii jda October 1, 2010 CoMmunity Development Dear Jim, I a►ri pleased to submit an update to the Special Review/Minor PUD Amendment application for the proposed Elk Camp restaurant. The update includes revised plans for the restaurant building and responses to referral agency conirnents. All copies of the Planning Commission notebooks and Town Council CD's have been revised to include current copies of architectural drawings and appropriate revisions to the application text as per the information presented in this letter. Changes to Buildine Design Architectural drawings in the application reflect the following alterations Irorn the original June, 2010 submission package. All application materials including architectural drawings have been revised to reflect the following: Patio. The patio will be constructed with concrete and wood surfaces. The primary circulation pathways next to the building will be constructed with a concrete structure and surface, while the patio seating area will be a wood deck construction. The size remains unchanged- The concrete portion of the patio may be plumbed for a future snowmelt system, to be reviewed via separate application. A stairway leading from the lower (Bull Run) entrance to the main (patio) level proved to be redundant and is removed from the plan. Grading and Planters. Planters on either side of the lower (Bull Run) entrance are replaced with a slightly revised grading plan bringing the natural grade to the building edge. Planting locations and quantities remain the same, although vegetations has been moved to 10 feet away from the building surfaces to maintain Colorado State Forestry Service setback standards. Mechanical Expansion. A formerly filled area on the lower level between the mechanical/unfinished storage room and the external stairs will become part of the rnechanical/unfinished storage room adding 167 net square feet to the FAR calculations. P.O. Box 1248 Aspen, GO 81612.1249 970-925-1220 mm asp Page 1 of 3 RECEIVED Responses to Referral Comments OCT 0 1 2010 onowmass Viij 1. Fire Department (SWFPD email dated July 21, 2010): CoMmunity Development Wildfire Risk Assessinent per TOSV Code Section 16A-4-240(b)4: (a) Locations. The structure is located outside of severe hazard areas, off of steep slopes and outside of draws and canyons. (b) Vegetation. Vegetation is located 10' or more from building edge to create defensible space buffers. (c) Structural Design. The roof will be constructed using noncombustible roof materials. (d) Water supj)ly. The 39,000 gallon pond at Sandy Park will provide the water supply for fire protection and is connected to the restaurant's fire protection system via a pump and 8" line. See calculations in the attached letter from Victor Gerdin, ASC to Frank Rudecoff, SWFPD, calculating a total water storage capacity of 50,303 gallons available for the sprinkler system, plus the raw water line schematic drawing from SE Group illustrating the pond location and supply line and the pond survey by Hired Gun calculating the Pond size. Detailed fire protection plans and calculations will be prepared by the fire protection consultant and in ConjUlletiOn with the Snowmass Wildcat Fire Protection District prior to application fbr Building Permit. The Elk Camp Restaurant will comply with all relevant fire codes and standards. (e) Access. The, existing Elk Camp work road provides access to the site and will be improved during construction and maintained for surnmer operations. Winter access is over snow. ASC ski patrol provides first response services fbr all life safety calls on the mountain during winter and summer operations. Ski patrol are also on site during all special events as first responders. 2. Engineering (Sopris Engineering letter dated July 12, 2010): Water storage. A potable and lion-potable water use analysis prepared by BCER Engineering (attached) indicates a non-peak use projection of 3,883 gallons per day and a peak use projection of 12,100 gallons per day. As peak use will occur during whiter and suninier use will consume much less water, irrigation use will have a negligible impact on overall water supply needs. A total supply of 50,303 gallons Is available for the fire sprinkler system from the Sandy Park pond and supply line. The attached letter from Victor Gerdin to Frank Rudicoff details the Sandy Park calculations, Detailed calculations regarding sprinkler system demand will. be generated by the Applicant's fire protection consultant during construction document preparation and will be reviewed with the Snowmass Wildcat Fire Protection District prior to application for Building Permit. Water supply, The Snowrnaqs, Water and Sanitation District has been consulted by the Applicant and confirmed that sufficient water rights are available to provide water to this pond for rnutti-season occupation and operation. Should downstream calls be made by senior water lights holders, existing agreements are in place between Applicant and Snowmass Water and Sanitation to allow for the Sandy Park pond to be refilled from water drawn from the Zigler pond. Page 2 of3 3. Environmental (Dunlop Environrnerital Consulting letter dated July 23, 2010): Water quality. The discharge point from any pumping or construction dewatering will go to the sediment basin as a best management practice. A final drainage analysis report and designs for runoff mitigation systems will be submitted with the application for Building Permit. RECEIVE] Wetlands. There are no ex wetlands in the project site area. Drainag e patterns will not be altered in a manner that will create any new wetlands. OCT 0 1 2010 Air quality. A fugitive dust control plan will be submitted as part of the ,nowma v I ve D,. Construction Management Plan to be submitted with the building permit community opmen application. Comtruction 1 111anagenient Plan. Fuel and other fluid storage will be addressed in the Construction Management Plan to be submitted with the building permit application. 4. Wildlife (Colorado Division of Wildlife letter dated July 9, 2010): No response from the Applicant appears necessary. 5. Forestry (Colorado State Forest Service letter dated July 29, 201 Vegetation. See Fire Department responses: Wildf ire Risk Assessment (b) Vegetation. lit (d) 1 Access. See Fire Department responses: Wildfire Risk Assessment supply and (e) Access. 'We took tbrward to reviewing the project with Planning Commission and the Town Cbuncil, Please don't hesitate to contact me if I can answer any questions. Si ere] 1 Aris K'I Aspen Ski g Company Attachments: 1. Architectural drawings dated October 1, 201 prepared by CCY Architects. 2. Revised FAR drawings and calculations dated October 1, 201 prepared by CCY Architects. 3. Letter fi om Victor Gerdin (ASC) to Frank Rudicoff (SWFPD) dated September 22 2008, including Snowniass Storage Pond Existing Conditions Map dated September 7, 2008 prepared by Hired Gun Survey and Raw Water Line Schematic Drawing dated December 15, 2005 prepared by SE Group. 4. Elk Carnp Restaurant estimate of potable/non potable water use dated March 30, 201 prepared by BOER Engineering. Pa 3 of 3 RECEIVED OCT 01 2010 Z:miuwmass vivage Community Development sr 2r U r e G9 is L cz 1 2 F ZD 33 7f iS, Smo�PWAA$S ASPEN A40uNrAIm ASPEN H(aoLxNUS uurTERmiux 0� H� N� ������(�l�������U�����~ xsrsnom|wm nuMpAwr September %2,Z0VG RECEIVED Frank 8udecot[ Fire Inspector OCT O1 �O1M John K�e|o, Fire ��aroba}l �v^� Snovvmuaa Wildcat Fire Protection District o/mmm@$sN|/ �Undv PD. Box 6436 CO m $pDnent SoovvnuuocYi]{uge, Colorado 81615 1�c Elk Camp Gondola Cabin Stocuooaod Ski School Building Fire Syri/zkler Sya(uo/ Dear Frank and Jubn. /\maOol)owuplocoy September aya1eo Inspection scheduled [brTh /rsday, 8op{mnbcr 25 attached are the docunuoote you roqueo{edvmifviogoedein system components. Included vvi(b(bio letter are: The Certified Land Surveyor Drawing indiou<ingthu\ the Sandy Park S(oru Pood is 5.217 cubic fed which, at 7.48 gallons per cubiu Q/ot, Is 39,023 (YuUons. |o addition, [lie 2.l00-[bc4 long. B-incb diameter supply line contains 5 �dkznx. Lastly, kcunhevor ficJ that amiohnunl |U8onnnDuvvaConknuouuiy gallons. a`u indicate that 50,3O3 gallons are avnj|oh|ohothe finz sprinkler aysoo ��.This exceeds by4O% the required on o-knor demand u[3b^0U0 auUuno. Because there is mcnn1[oumue Oovv (hruuuh the pond, this urnuon| o|vva1cx is available summer and winter, and is not affected byovupona(inn.or ice buildup. This water source is, In fact. the hl-advvu1ernof the East Fork o[ Brush Creek and Oov/opnrouoio(|y. 2) The Contractors Nlutxriul and Test CentOro*c for 0mdergroumd Piping to ver ify the oexy supply line iris1uUaiiun, iuo]u. iuAtbcspcoi5od bvJnustobc test and Oushpruccdnre. 3> 'Fire Raw ��a1er Line Schematic Drawing showing the line locu({ou and related iofi RO,8nx1248 Aspen, o001u1e'124m 970-925-1220 nn axVemomonmoox.xum no���°�" w~ At the inspection on September 251h, the fallowing will take place: 1) The fire pump will tested and run. In attendance will be: a. The fire pump manufacturer's representative to verify Pump Operation and issue the Fire Nmp Certificate. This certificate will document and verify pump operation at 150% of design flow and also document the residual intake flow pressures at that flow rate. b. A representative from Excel Fire Protection to verify system operation. c, George Sharer to verify the alarm system operation, 2) SWFPD will reinspect the system's sprinkler head 1()catlort and hydrostatic pressure. This was previously inspected in December '07 but we understand your requirement for a follow up inspection, 3) SWFPD wi ll observe/inspect a final flow test and tamper test to verify that the system pump operates as designed and that tile Monitoring system functions appropriately with central notification for the flow alarm and local notification for the tamper alartn(s). We look forward to the SWl granting compliance to the entire water SUPPJY sprinkler systern for the Elk Camp Gondola Cabin Storage and Ski School Building as .stated in your August 29, 2008 email. Please contact me as soon as possible if additional documentation, testing and/or inspections, than those listed above, are required. RECEIVED Sincerely, OCT 2010 111 "Irl lass village Victor Gerdin �-OMMMY Development cc Steve Sewell, David Cori,)in, Rich Burkley, Brad Hardman, Peter Hoffmann z LLJ v x RECEIVED L.L] OCT 0 1 2010 Z>1 luWmass village Community Development H z z lu 0 M' Lr) Z LU SE� 0 Q z ft Z Q 0 Z uj 0 u (n V) C-) U :7 G/) 2: F- 3: V) 0 �_q x z j U u W l) t rv Z, N T U, I ri II Z z LLJ liF U Li l' 0 t i PROPOSED ELK CAMP BEGINNER PARK Sandy Park Supply Pond" (39 gallons storage) A L T E R N A T I V E "ti 4� .Ck to "C` f ��^.......«:..,.»�.y.�.:`w..,� h j w LEG x„ Raw Water bins Supple Lille Proposed Fteviously A} piov, sd Existing ri Proposed Cleaairig fi H oposed Snowmaking Noposed Snowmaking pipeline 4 i 1 Proposed Skier Feracsr� Pfoposed Buildings Existing Buildings r3 x 4 Perienical StFeam Tree Cover Deciduous Resort Facilities r Vr� Cafe Suzanne Gondola Storage Y tC, rC Vehicle Mairveriarai:e Building Pf000 sed Guest Set vice. k Pr Cl 0. RE" WED OCT O 2010 I r 61I "MasS Vlliag Q 3 i 1 i Co '2 f mmunity Devei S� Carvtaur lntemiV 50 F? 05 Print Date t1 f5 J r r s GH Created By, Produced y: IN t ATTACHMENT 4 SECOND ROUND OF REFERRAL AGENCY COMMENTS Sopris Engineering dated October 25, 2010; Town's Environmental Consultant dated October 25, 2010 with follow up correspondence dated October 26 and November 14, 2010; Correspondence from Snowmass Wildcat Fire Protection District dated November 3 and 13, 2010; and Reply from the Colorado Division of Wildlife dated December 6, 2010 October 25, 2010 Jim Wahlstrom, Community Development Department Town of Snowmass Village Reference: Elk Camp Restaurant Snowmass Ski Area Special Review and Minor PUD Amendment SE #10129.01 Dear Jim: I have reviewed the proposed changes and responses to our initial comments, and they seem to be addressed adequately except for the missing basis of survey, and design to a known vertical and horizontal ground control monument. Our request was as explained below: Ground Control Reference None of the drawings have a Bench Mark or basis of elevation to verify the validity of the topographic information base. It is missing from the application package. The applicant must provide both vertical and horizontal control monument in order for us to verify the validity of the site plans. Additionally, we will need to review a drainage study and analysis report and designs for runoff mitigation systems and complete site construction drawings stamped and signed by a Colorado PE in conjunction with building permit application. I would be happy to discuss these issues with you and the applicant in more detail as appropriate. Meanwhile, if you have any questions or comments, please do not hesitate to call me. Sincerely, Sopris Engineering, LLC ry Nick Adeh, P.E. 2 6 2010 0i lovallass Village 10129.01 -2 502 Main Street Suite A3 Carbondale CO 81623 (970) 704 -0311 Fax (970) 704 -0313 SOPRIS ENGINEERING LLC civil consultants D UNLOP ENVIRONMENTAL CONSULTING, INC Environmental and Public health Planning for the Future Thomas S. Dunlop President October 25, 2010 I T Town of Snowmass Village���� Jim Wahlstrom, Sr. Planner OCT 2 6 2010 130 Kearns Rd PO Box 5010 UP Snowmass Village, CO r Vdopmenl 8161.5 Re: Elk Camp Restaurant, Special Review and Minor PUD Amendment Application, October 11, 2010. Dear Mr. Wahlstrom: As per your request, Dunlop Environmental Consulting, Inc. has reviewed the above referenced application for compliance with appropriate Town of Snowmass Village (TOSV) Codes. The focus of this review will be on the applicant's reply to earlier review findings dated July 23, 2010 covering water quality, air quality, noise management and the Construction Management Plan. Water Quality: The applicant has deferred detail comment on construction dewatering and drainage analysis until an application for a Building Permit is submitted. There is no mention in the material being reviewed for these comments about a letter from Snowmass Water and Sanitation District committing to being able to serve the new restaurant wastewater generation. Air Quality: The applicant has corlm LLed to submit a ugitive dust ntrol t as parr of the Construction Management Plan at the time of submittal for a Building Permit. Noise Mitigation and Hours of Operation: Clarity of how and at what point on the property noise measuring will be done to confirm compliance with TOSV code is yet to be presented by the applicant. Specifically, at what point on the property will be used to measure sound to comply with the noise standard? Construction Management Plan: The applicant has committed to provide a detailed Construction Management Plan at time of submittal for a Building Permit. 1 Post Office Box 6289 Snowmass tillage, Colorado 81615 USA Office and Fax (970) 923 -4820 0 printed an recycled paper General Comment: At time of demolition of the existing Cafe Suzanne, it is suggested the applicant provide the TOSV with evidence of asbestos testing and dust control prior to a permit being issued. This concludes findings of this review. Contact me with questions or comments. Sincerely, Thomas S. Dunlop, MPH, REHS 2 From: Dunlopenv @aol.com [mailto:Dunlopenv aol.com] ENVIRONMENTAL RESPONSE Sent: Tuesday, October 26, 2010 7:07 PM To: Jim Wahlstrom Subject: Re: Elk Camp Restaurant Jim, This wording sounds fine to me. Please convey this acceptance in my comments as you see fit. Thank you, Tom Dunlop Environmental Consulting, Inc. Thomas S. Dunlop, MPH, REHS PO Box 6289 73 Sinclair Ln Snowmass Village, CO 81615 Phone /Fax (970) 923 -4820 Cell Phone (970) 379 -4028 Dunlopenv @aol.com In a message dated 10/26/2010 12:12:46 P.M. Mountain Daylight Time, jwahlstrom @tosv.com writes: Tom, If it is the ski boundary, it would be well over a mile away from the site. Below is a condition from the TC Resolution regarding the Sam's Knob Restaurant construction. We probably should be consistent with this application. "Despite the appropriateness of allowing construction activities to occur on the site from 7:00 a.m. to 7:00 p.m., there shall be no construction deliveries to the site after 6:00 p.m. If needed, exterior construction work is permissible seven days a week during daylight hours. Interior construction work may be performed at all hours of the day or night, seven days a week." Jim From: Dunlopenv @aol.com [mai Ito: Dunlopenv aol.com] Sent: Tuesday, October 26, 2010 11:03 AM To: Jim Wahlstrom Subject: Re: Elk Camp Restaurant Jim, The reason for bring up the noise measuring point is mainly a formality since they mentioned it in the application. I agree that noise impacts from the construction site itself will largely be of minimal concern to residential areas. However, it will be helpful for the applicant to declare a measuring point, perhaps at the ski area boundary. The extended hours and days issue should be looked at from the point I made in my remarks, from the presence of trucks and other construction vehicles traveling through residential areas to reach the building site. Thank you, Tom Dunlop Environmental Consulting, Inc. Thomas S. Dunlop, MPH, REHS In a message dated 10/26/2010 8:26:36 A.M. Mountain Daylight Time, jwahlstrom @tosv.com writes: Tom, Thanks for the comments in response to the applicants updated application. I believe compliance with noise standards are typically measured at the property lines for a site. However, since there are no property lines specifically for the Elk Camp Restaurant area other than the ski area or USFS boundary, what area or boundary do you suggest they be held to for compliance with the noise standard? The site is far removed from the nearest residential uses, and I don't remember construction noise being a significant issue for the Sam's Knob Restaurant. They did received extended hours to construct that facility. Jim From: Dunlopenv @aol.com [mai Ito: Dunlopenv @aol.com] Sent: Monday, October 25, 2010 4:29 PM To: Jim Wahlstrom Subject: Elk Camp Restaurant Jim, Please find attached my comments on the Oct 11, 2010 packet regarding Elk Camp Restaurant. I will deliver a signed copy to your office on Tuesday the 26th. Thank you, Tom Dunlop Environmental Consulting, Inc. Thomas S. Dunlop, MPH, REHS PO Box 6289 73 Sinclair Ln Snowmass Village, CO 81615 From: Dunlopenv @aol.com [mailto:Dunlopenv @aol.com] ENVIRONMENTAL Sent: Sunday, November 14, 2010 1:52 PM To: Jim Wahlstrom; jmele @swfpd.com; FRudecoff @swfpd.com; nadeh @sopriseng.com; kevin.wright @state.co.us; kjrogers @lamar.colostate.edu; khamby @swsd.org Subject: Re: PC Mtg 11/17 Elk Camp Restaurant Jim, The packet looks good to me. I will be on travel Nov 15 -19, but will be available upon my return to address any comments PC may have regarding my findings. If it is urgent, please call my cell phone during my travels. Thank you, Tom Dunlop Environmental Consulting, Inc. Thomas S. Dunlop, MPH, REHS PO Box 6289 73 Sinclair Ln Snowmass Village, CO 81615 Phone /Fax (970) 923 -4820 Cell Phone (970) 379 -4028 Dunlopenv @aol.com In a message dated 11/13/2010 1:00:15 P.M. Mountain Standard Time, jwahlstrom @tosv.com writes: Affected Referral Agencies, Attached you will find the agenda for the Planning Commission meeting on November 17 along with the packet that includes a cover memorandum, the previous November 3 rd staff report for reference purposes, referral agency comments, applicant replies, and other referenced attachments, plus a draft resolution regarding the proposed Elk Camp Restaurant Special Reviews and Minor PUD Amendment to Snowmass Mountain. The meeting and the Elk Camp Restaurant item begins at 4:00 pm next Wednesday, 11/17. You are welcome to attend and voice any comments that your agencies has to offer in addition to the review comments that were provided in the public record. Jim From: Frank Rudecoff [mailto:FRudecoff @swfpd.com] SWFPD Sent: Wednesday, November 03, 2010 8:44 AM To: Jim Wahlstrom Subject: RE: PC Mtg 11/3 Elk Camp Restaurant Hi Jim, In reviewing the submittal, we see that our concerns have been addressed. We wish to comment on the hydrant removal indicated in the submittal. The Utilities Print indicates that a hydrant near the existing Elk Camp Building will be removed. Additionally this Utility Print does not show any outlet in the 8" raw water line that our engine /brush truck could use to access the water. The availability of water at this location would be advantageous in fighting a wildfire, etc. Based on the above, the SWFPD is requesting that the hydrant being removed be relocated to a spot near the buildings that would be truck accessible during the times that we would be able to respond with fire trucks to an incident in the buildings or in that area. I will be attending the meeting today with the intent of presenting the above proposal. From: Frank Rudecoff [mai Ito: FRudecoff@swfpd.com] SWFPD Sent: Saturday, November 13, 2010 9:11 AM To: Jim Wahlstrom Cc: John Mele Subject: re: Nov 17 PC Mtg Elk Camp Restaurant Minor PUD Hi Jim, After reviewing the docs for the 11/17 mtg, I don't see any reason for a presence from SWFPD. All of our concerns and issues have been addressed at previous meetings. Thanks for the notice. FrankRudecoff, Fire Inspector Snowmass Wildcat Fire Protection District 5275 Owl Creek Road P.O. Box 6436 Snowmass Village, Colorado 81615 frudecoff @swfpd.com 970- 923 -2212 x 106 office 970 306 -2309 cel 970 923 -2224 fax PS: What's a Waffle Shrine STATE OF COLORADO Bill Ritter, Jr., Governor G��O DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director OF` 6060 Broadway For Wildlife_ Denver, Colorado 80216 For People Telephone: (303) 297 -1192 wildlife.state.co.us December 6, 2010 1 XT Town of Snowmass Village P.O. Box 5010 DET 08 201 Snowmass Village, CO 81615 RE: Elk Camp Restaurant Dear Jim: The town asked for further information regarding our recommendations for the use of the Elk Camp Restaurant; specifically hours of operation and music events. While there is no scientific study that we are aware of that deals specifically with disturbance by music events and time of operation it is our best biological opinion that in order to minimize impacts to wildlife that the recommendations we provided will do just that. Minimize impacts, not eliminate them. Small scale music events have never been defined as we have consistently asked. Through the Division's negotiations with the U. S. Forest Service and SKICO we have asked for this definition and have stressed the need to minimize impacts. Music events at the restaurant, if located outside and during the day, should have the music pointed away from Burnt Mountain. During evening and nighttime events, these events should be hosted inside the restaurant to minimize disturbance to wildlife when most wildlife becomes active. The effect of noise on wildlife habitat use may lead to further displacement and increased stress. It is well documented in the literature the effects of roads on elk use as well as the zone of influence a home has with wildlife habitat use due to all of the associated activity. The Elk Camp area is now receiving a significant increase in human use during the summer months where it never had that amount of use before. Most wildlife is crepuscular and nocturnal in their foraging habits. Continued use during this time will have a negative impact. The Snowmass environmental assessment states "during construction elk would be displaced by noise and activity within the project area. Upon termination of construction the area would continue to provide forage opportunities for elk." If continuing activity until midnight occurs and this is an important foraging time for wildlife, how will this not impact them and other wildlife species? It makes it much less desirable and wildlife has much less opportunity. Ending events by 10 p.m. still allows the events while minimizing the impact to wildlife. By hosting music events inside the facility, noise impacts would be minimized and not amplified by hosting the music outside where the noise will carry much further. There is a need to have a quiet, nondisturbing period when wildlife can have adequate time to forage. Thank you for the opportunity to comment. If you have any questions, please give me a call. Sincerely, Kevin Wright District Wildlife Manager DEPARTMENT OF NATURAL RESOURCES, Mike King, Executive Director WILDLIFE COMMISSION, Tim Glenn, Chair Robert Streeter, Vice Chair Mark Smith, Secretary Members, David R. Brougham Dennis Buechler Dorothea Farris Allan Jones John Singletary Dean Wingfield Ex Officio Members, Mike King and John Stulp ATTACHMENT 5 ANCILLARY ACCESSORY STRUCTURES INVENTORY AS OF FEBRUARY 7, 2005 FROM SNOWMASS MOUNTAIN FINAL PUD GUIDE IN ORDINANCE NO. 2, SERIES OF 2005 EXHIBIT `5' (Snowmass Mountain PUD Guide) ATTACHMENT 5 Page 1 of 4 Snowmass Mountain PUD Guide Square Ancillary/Accessory Structures Footage Existing Inventory as of Eebrua 7, 2005 Lift O eiratoL Ho09es Two Creeks bottom 110* Two Creeks to 138 Elk Cam bottom 110 Elk Cam top 156 Funnel.— bottom 112 Funnel top 72 Assay -bottom 96 Assay top 48 High Alpine bottom 286 High Alpine top 140 Alpine Springs bottom 240 Alpine Springs top 125 Naked Lad bottom 80 Naked Lad —top 117 Woodrun bottom 252 Woodrun top 54 Big Burn bottom 108 Big Burn top 104 Sheer Bliss bottom 80 Sheer Bliss top 56 Coney Glade bottom 168 Coney Glade top 66 Fanny Hill bottom 192 Y Fanny Hill top 72 Burlingame bottom 168 Burlingame top 72 Sam's Knob bottom 110 Sam's Knob top 120 Campground bottom 120 Campground top 126 Scoo er bottom 48 Scoo er to 48 Cirque bottom 72 Cirque top 30 SUB- TOTAL: 3,895 NOTE: IF THERE ARE CONFLICTS BETWEEN THE FIGURES IN THE ABOVE LIST AND THE LIMITATIONS IN THE PUD GUIDE FOR THE CONSIDERATION OF FUTURE PLANS, THE PUD GUIDE PARAMETERS SHALL APPLY DENOTES STRUCTURES BUILT AFTER ORD. 94 -09 APPROVAL (TOTAL 54,347 SF AS OF FEB. 7, 2005) EXHIBIT `5' Snowmass Mountain PUD Guide) Page 2 Of 4 Snowmass Mountain PUD Guide Square Ancillary/Accessory Structures Footage Existing Invento as of February 7, 2005 Outhouses and Stara. a Biulditi "sat:L3fts Ski locker at Poma 1 72 Burlingame Counterweight Shack 99 Lower platter at The Pines bottom 24 Lower platter at The Pines to 24 Upper platter at The Pines bottom 24 Upper platter at The Pines to 24 Nacked Lady Counterweight Shack 182 Fanny Hill to storage 48 Coney Glade Storage 136 Coney Glade Outhouse 30 Surlingame Outhouse 36 Sam's Knob bottom Outhouse 36 Naked Lady Bottom Outhouse 36 Campground top Outhouse 36 Sheer Bliss bottom Outhouse 36 Sheer Bliss top Outhouse 36 Wood Run bottom Outhouse 270 Wood Run Storage 120 Wood Run top Outhouse 36 Alpine Sp rings bottom Outhouse 36 B -12 Outhouse 36 B -15 Outhouse 36 B- 6;Outhouse Storage 2 Levels 1,000 B -7 Outhouse 36 T -10 Outhouse 256 W inecabin Outhouse 256 B -5 Bankhouse 240 B -2 Storage 2 O.H. Doors $6 SUB TOTAL.: 3,287 'Li#�:Nl�infenance Lift Maintenance Shop Knob 1,980 Metal Buildino beside Knob Sho 1,280' T -5 Motor Room Knob Control Desk 800 T -2 Motor Room 500 T -7 Motor Room 560 T -9 Motor Room 600 T -11 Motor Room 560 Old #8 Motor Room L.M, Storage 560 Sam's Knob Storage Lift Maintenance 120 SUB TOTAL: 6,860 NOTE: IF THERE ARE CONFLICTS BETWEEN THE FIGURES IN THE ABOVE LIST AND THE LIMITATIONS IN THE PUD GUIDE FOR THE CONSIDERATION OF FUTURE PLANS, THE PUD GUIDE PARAMETERS SHALL APPLY. DENOTES STRUCTURES BUILT AFTER ORD_ 94 -09 APPROVAL (TOTAL 54,347 SF AS OF FEB. 7, 2005) EXHIBIT `5' (Snowmass Mountain PUD Guide) Page 3 Of 4 Snowmass Mountain PUD Guide Square Principal /AncillarylAccessory Structures Footage Existing Inventory as of February 7, 2006 Rbstaura Caf6 Suzanne 17,500 Slow sand filter building 252 Storage tank building 64 Hi 2h Alpine Restauraunt 18,000 Ullrhof 10,000 Sam's Knob Restauraunt 13,000 Up 4 Pizza (2 levels) Burn Patrol Room 2,780 Lynn Britt Cabin 1,650 Spider Sabich Cabin 6,348 Wine Cabin 320 Lynn Britt Food Storage Building 120 Scoo er Cabin Lizard Lodge 1,200 Storage Building Lizard Lodge and Restrooms 240 SUB-TOTAL: 79 ,474 Yurt #1 Tube Town 706 Yuri #2 T -2 201 Yurt 93 112 pipe) 314 SUB TOTAL: 1,221 Sielr.ervfces= Guest Services Center T -19) 234 Performance Center 1,200 Spider Sabich Water Storage Tank 192 SUB TOTAL. 1,626 MA�TA�'S.�radks a Registration Building 48 Start Shack #6 64 Start Shack #5 112 Start Shack #4 64 Start Shack #3 T -2 36 Finish Shack #6 Race Office 196 Finish Shack #5 240 Midway Start Shack #3 36 SUB- TOTAL: 796 Two i�reek -s Building A (Retail Cafe Info only— p art of Two Creeks PUD 7,851 Tickets Building B Info only p art of Two Creeks PUD 2,348 Trash Building* Info onl y— part of Two Creeks PUD 180 SUB TOTAL: 10,379 NOTE: IF THERE ARE CONFLICTS BETWEEN THE FIGURES IN THE ABOVE LIST AND THE LIMITATIONS IN THE PUD GUIDE FOR THE CONSIDERATION OF FUTURE PLANS, THE PUD GUIDE PARAMETERS SHALL APPLY. DENOTES STRUCTURES BUILT AFTER ORD. 94 -09 (TOTAL 54,347 SF AS OF FEB. 7, 2005) EXHIBIT `5' (Snowmass Mountain PUD Guide) Page 4 Of 4 Snowmass Mountain PUD Guide Principal /Ancillary /Accessory Structures Square Existing Inventory as of February 7, 2005 Footage Vehicle Mai nWha1- ce Elk Camp Vehicle Maintenance Shop 11,850 Divide Shop (per Ord 01 -16 not a part of this PUD) INFORMATION ONLY 14,810 Knob Fuel Farm 810 Alpine Fuel Farm 918 Sand /oil separator Stink Shack 504 SUB-TOTAL: 28,892 Water Snawnalzm Hydro Plant (B-19) 252 Compressor Building T -2 6,278 Primaa Pump Building 1,440 New Bld 5- Thornton Rd Hal's Hollow VBHS 216' Garrett Gulch Old Lift Shack 96 Garrett Gulch Plant Building 150 Garrett Gulch Clean Well Building 120 Ullrhoff Pump House 120 B -9 Pump House 358 Hi h Alpine Tank Building at Raidar's 64 Sam's Knob Pump House 255 Sam's Knob Concrete Bunker 221 SUB TOTAL: 9,570 Patrol. BUJIdi ai" Alpine Patrol Room T -12 2,208 Elk Camp Patrol Room Wildlife Center 1,521 Clinic (to be removed replaced in S. V. project 3,584 SUB- TOTAL: 7,313 Patrol Borrila :Caches:: T -8 "Chapel" 121 Big Burn 2 East 56 West 112 High Alpine 2 East 64 West 64 SUB TOTAL: 417 Ticket Offiicee Woodrun T.O. 40 Fanny Hill T.O. 1 Assay Hill T.O. 140 SUBTOTAL: 1,180 Miscellaheoias Run Gun Paint Ball not a part of this PUD to be removed wl BV project) 9,000 Adm. Buildin (r:of a art of this PUD to be removed wl BV project) 22,650 Grizzlies Kid's Kave} info ont part of Woodrun V PUD 4,000 Reception Building at Kid's Kave info only— part of Woodrun V PUD} 394 Scoa er Video Shack 169 SUB- TOTAL: 36,213 GRAND TOTAL Entire Mountain as of 2,7-05 183;124 NOTE: IF THERE ARE CONFLICTS BETWEEN THE FIGURES IN THE ABOVE LIST AND THE LIMITATIONS IN THE PUD GUIDE FOR THE CONSIDERATION OF FUTURE PLANS, THE PUD GUIDE PARAMETERS SHALL APPLY. DENOTES STRUCTURES BUILT AFTER ORD. 94 -09 APPROVAL (TOTAL 54,347 SF AS OF FEB. 7, 2005): BV BASE VILLAGE Art. II, Deflnitions §16A-2-20 ATTACHMENT 6 Sign., on premises means a sign that Slope means the inclination of land from advertises goods, services, facilities or events the horizontal, determined by dividing the available on the premises upon which the horizontal run of the slope into the vertical sign is located. rise of the same slope and converting the resulting figure into a percentage value. For Sign, projecting means a sign that is sup- purposes of regulation and measurement, a ported by a building or other structure which slope must involve an elevation change of at projects over any sidewalk or pedestrian or least ten (10) feet within a horizontal distance other landscaped area. of at least thirty (30) feet measured in incre- ments as approved by the Planning Director. Sign, temporary means any nonpermanent sign or banner erected, affixed or maintained State means the State of Colorado. for a limited period of time. Street means any public or private high Sign, wall mounted means a sign attached way, road, lane, alley, cul -de -sac, avenue, to or painted on a wall of a building, the dis- bridge, viaduct, underpass, overpass or tun play surface of the sign being parallel to the nel in the Town, dedicated or devoted to wall of the building to which the sign is public use. attached. Street, arterial means any street which Sign, window means a sign, meant to be provides direct year -round connection to permanent, that is visible from the exterior of another jurisdiction, or which links such a building and is painted on a window or roads, and is intended or used primarily for depicted upon any material placed on, taped free flowing traffic movement. Traffic on or hung immediately behind a window. velocity is generally greatest on arterial streets, due primarily to roadway design. Ski related facilities means alpine and The arterial streets within the Town are Nordic ski /snowboard areas, related uses and Brush Creek Road, Highline Road and Owl support or appurtenant facilities typically Creek Road. associated with the use and operations of ski /snowboard area; outdoor recreation uses, Street, collector means any street into games and facilities; 'Skier Services;' food which local streets feed and which connects service /kitchen/cafeteria operations; tours; directly with an arterial street. The collector sledding and tubing hills; group activities, streets within the Town are Carriageway, social events and racing competitions for less Divide Road, Faraway Road, Horse Ranch than five hundred (500) people at one (1) Drive, Meadow Road, Pinecrest Drive, Sin time; indoor recreation facilities that do not clair Road, Snowmass Club Circle, Two change the primary use of the building; Creeks Drive and Wood Road. recreational trails of all types; restaurant and picnic facilities; vehicle maintenance facili- Street, local means any street providing ties and their related storage of materials; for the movement of vehicles within a geo- domestic water pump houses and treatment graphically limited area such as a single- facilities; race arena and terrain park facili- family or two family residential subdivision ties. containing numerous lots, or between a group of connected multi family complexes or 16A -21 Supp. 13 ATTACHMENT 7 PLANNING COMMISSION RESOLUTION NO. 7 SERIES OF 2010 TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION No. 7 SERIES OF 2010 A RESOLUTION PROVIDING RECOMMENDATIONS TO THE TOWN COUNCIL REGARDING THE SPECIAL REVIEW APPLICATIONS FOR THE ELK CAMP RESTAURANT WITH A NIGHT LIGHTING PLAN FOR NIGHTTIME OPERATIONS TO 12:00 MIDNIGHT TOGETHER WITH THE ASSOCIATED MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO SNOWMASS MOUNTAIN. WHEREAS, the Aspen Skiing Company "Applicant submitted on June 1, 2010 a combined Special Reviews for the proposed Elk Camp Restaurant along with a night lighting plan for nighttime operations to 12:00 midnight together with an associated Minor PUD Amendment to Snowmass Mountain, as described or illustrated in the applicant's application notebook received October 1, 2010 incorporated herein by reference, pursuant to the provisions in the Final PUD Guide in Ordinance No. 2, Series of 2005; and WHEREAS, following Town staff completion reviews, the applications were deemed complete for referral purposes as of June 29, 2010, and the applications were referred to applicable Town departments and referral agencies on June 30, 2010 for review and comment; and WHEREAS, on July 23, 2010, the applicant requested that the application be placed on hold to make some design modifications, and on October 1, 2010 the applicant submitted the updated application explaining a few design changes; and WHEREAS, the Applicant submitted supplemental materials and replies in response to Staff and referral agency comments as part of the updated application submission on October 1, 2010; and WHEREAS, the updated application was deemed complete on October 5, 2010 and was referred on October 11, 2010 to the affected referral agencies that had comments initially; and WHEREAS, as more particularly described in the applicant's application notebook received October 1, 2010, the Special Review applications proposes a replacement restaurant for Cafe Suzanne that is, a) planned next to the east side of the top terminal for the Elk Camp Gondola at Elk Camp Meadows, and b) proposed for utilization as the main site and base camp for on- mountain, winter and summer, day and night time dining, activities, special and group events. Interior seating would be available in an approximate 250 -seat "great room" with side seating areas. A separate bar for 20 seats, an outdoor deck for 150 seats and a children's ski school dining room are included as other seating options and functions. Public restrooms are located on both levels of the proposed facility. The other specific requests contained within the application include, a): a lighting plan for night time operations until 12:00 a.m. year -round that would also include the gondola operation, b) a Special Review request for night lighting as per the Final PUD Guide, and c) a request to allow construction hours between 7:00 a.m. to 7:00 p.m. seven days per week to facilitate ongoing summer operations and to accelerate within the shortened, high altitude construction season; and PC Reso 10 -7 Page 2 of 11 WHEREAS, as more particularly described in the applicant's application notebook received October 1, 2010, the associated Minor PUD Amendment application to Snowmass Mountain has been submitted concurrently with the Special Review application as a means to propose modified updates to the usages, figures and development parameters in the Final PUD Guide that would also accommodate the new Elk Camp Restaurant, as well as clarify usage definitions; and WHEREAS, the Special Review and Minor PUD Amendment applications were processed in accordance with Section 16A -5 -230, Special Review and 16A -5 -390, Amendment of Final PUD of the Municipal Code; and WHEREAS, the Planning Commission has reviewed the noted application, considered the recommendations of Town Staff, and received public comment thereon at public meetings held on November 3 and 17, 2010. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Town of Snowmass Village, as follows: Section One: General Findings The Planning Commission generally finds that: Miscellaneous Findings 1) The Applicant submitted the applications for the Special Reviews and Minor PUD Amendment in accordance with the provisions of the Municipal Code. 2) The initial and updated applications provided the "Minimum Contents" required pursuant to Sections 16A -5 -220 and 230, and included written and graphic materials in sufficient detail to deem the applications complete for review. 3) Supplemental information, amendments and addendums to the application, acceptable for submission, have been supplied by the Applicant during the review process for consideration mainly in response to Town Staff, referral agencies and Planning Commission comments and concerns. 4) All public hearing notification requirements, as specified within Section 16A -5- 60(b) of the Municipal Code, have been satisfied. 5) The United States Forest Service (USFS), owner of the property, has provided written confirmation of an approval of the conceptual plans for the Elk Camp Restaurant as further described in their letter dated March 29, 2010 as part of the application materials, which appears to provide acceptable authorization in order to conduct a complete review the applications by the Town. Special Review Application Findings 6) Subject to addressing the recommendations in Section Three of this resolution and pursuant to the present understanding of the Planning Commission of the PC Reso 10 -7 Page 3 of 11 Colorado Division of Wildlife "CDOW referral comments, the application materials and the Elk Camp Summer Operations Wildlife Mitigation Plan, the Special Review application for the restaurant and the lighting plan for nighttime operations to 12:00 Midnight, as more particularly described in the applicant's application notebook received October 1, 2010 appears consistent with Section 16A -5 -230, Special Review of the Municipal Code, because: a) The proposal seems consistent with the Article III of the Municipal Code and the "Recreation" designation on the Future Land Use Map of the Town of Snowmass Village Comprehensive Plan; b) The proposal appears consistent with the "Recreation" zone district for Snowmass Mountain approved via Ordinance No. 2, Series of 2005 "Ordinance as restaurants and night lighting and nighttime operations to 12:00 midnight are allowed or restricted by the Final PUD Guide subject to Special Review approval; c) Pursuant to the Final PUD Guide in Ordinance No. 2, Series of 2005, there is a reference that the maximum amount of commercial space for the ski mountain is 120,000 square feet, including the limit for "mid- station" facilities in Elk Camp Meadows at 43,815 square feet. The proposed Elk Camp Restaurant at approximately 17,480 square feet would replaced Cafe Suzanne of 17,500 square feet, which would continue to fall within the maximum square footage requirements; d) The proposed use and its proposed location are compatible with the character of surrounding land uses in the area, and would not adversely affect the future development of the surrounding area, as the replacement restaurant is smaller in comparison with Cafe Suzanne; e) Access to the site continues to be adequate for the proposed use utilizing existing mountain roads, public transportation, or other public or private transportation services at the base of the mountain, and appropriate ski /snowboard lifts /runs and pedestrian facilities /trails are designed into the project and as part of the entire Snowmass Mountain that are made available to serve the building and ancillary facilities, and such proposal would not compromise the previously approved locations of mountain trails; f) The design and operation of the proposed usage seems to minimize by its design and orientation any adverse impacts and should not create a nuisance, considering such impacts as traffic congestion or traffic hazards, service delivery, parking and loading, trash removal, odors, noise, glare and vibration. The applicant's lighting plan appears to propose relatively low levels or subtle exterior lighting or fixtures for the restaurant facility such as, recessed ceiling lighting, up lights below a roof overhang at the entry for accent purposes, and step lighting with the fixtures controlled by dimmers and timers. Overall, the Applicant has represented that the exterior lighting would be subtle with no free standing site lights or linear lighting arrangements, which appears to acceptably comply with the lighting ordinance; g) The proposed use recognizes and, respects environmental impacts and should not cause significant deterioration of water and air resources, wildlife habitat, scenic resources and other natural resources; h) There seems to be adequate public facilities in the nearby vicinity and at the base PC Reso 10 -7 Page 4 of 11 of Snowmass Mountain that are available to serve the proposed use; and i) The parking arrangements at the base of Snowmass Mountain appear sufficient to serve this facility, as the proposed restaurant would be replacing an existing restaurant. Based on the foregoing, the Planning Commission finds the hours of operation for the facility and appropriate outdoor music events as proposed in the application reasonable. However, in light of the referral comments provided by the CDOW regarding the hours of operation of the facility and outdoor music events, the Planning Commission recommends that the Town Council request of CDOW more detailed information in support of said referral comments and Town Council consider such additional information and rationale when making a decision on hours of operation and outdoor music at the facility. Findings regarding Article IV, Development Evaluation Standards 7) Pursuant to Section 16A -4 -20 of the Municipal Code, wildlife issues were previously addressed in the Final PUD and per the subsequent Environmental Assessment under the review authority of the USFS. Elk Camp Meadows borders near but is not located within a sensitive wildlife area pursuant to the Town's Comprehensive Plan. 8) Pursuant to Section 16A- 4- 30(e)(1)(d) of the Municipal Code, the proposal does not directly impact the Brush Creek corridor, and the proposed site for development is located outside of the Brush Creek impact zones. 9) Pursuant to Section 16A -4 -50 of the Municipal Code, the site is not located in a hazardous geologic area. 10) Pursuant to Section 16A -4 -50 of the Municipal- Code, the proposed restaurant would be developed or encroach upon man -made 30 percent or greater steep slopes. The Applicant's geologic engineer submitted a letter dated June 10, 2010 stating that, a) the planned restaurant construction will not adversely affect the stability of the site, b) the slopes at the site are not prone to instability or failure, c) the proposed development will not increase slope instability or increase the potential for slope failure, and d) that there will be no significant risk that damage to adjacent property would occur resulting from the proposed construction. Such confirmations seem to acceptably comply with the Code standards. 11) Pursuant to Section 16A -4 -50 of the Municipal Code, the Applicant has represented satisfactorily that the new replacement restaurant will not be visible at all from anywhere along Brush Creek Road, Owl Creek Road or the Town's community park, which is acceptable. 12) Pursuant to Section 16A -4 -210 of the Municipal Code, the streets and related improvements standards would not apply in this case. 13) Pursuant to Section 16A -4 -220 of the Municipal Code, the proposed trails or PC Reso 10 -7 Page 5 of 11 connections seem adequate and are not inconsistent with the Snowmass Mountain Master Plan Amendment and Final PUD approved via Ordinance No. 2, Series of 2005, and considering that three more bike trails are planned. The plan appears to refine the majority of the skier trips and circulation from the Elk Camp area, around the Elk Camp ski lift and over to the Two Creeks area and tends to avoid the crisscrossing skier routes that currently exist between the gondola, Cafe Suzanne and the Elk Camp lift. Due to the grading shown, most of the skier trips from the Elk Camp area would likely be inclined to access the new restaurant from the lower level entrance, which is the same condition that exists now for Cafe Suzanne. The applicant represented that they studied the skier circulation in depth and satisfactorily explained that by sign control placements the approximate 100 foot distance between the new restaurant and the nearest forest to the south would provide adequate room and safety for skiers unloading the gondola, clicking back in, and for pass -by skier traffic. 14) Pursuant to Section 16A -4 -230 of the Municipal Code, the applicant represented that they would utilize existing utility lines in the area that were made to the similar sized Cafe Suzanne. Raw water would be delivered to the site by the proposed expansion of a nearby water treatment plant by via an eight -inch (8 pipe connected to the 39,000 gallon pond at the Sandy Park diversion. Sanitary sewer service would be provided via a connection to an existing Snowmass Water and Sanitation District sewer line. The plans appear acceptable for final design review. 15) Pursuant to Section 16A -4 -230 of the Municipal Code, solid waste from the ski mountain will be satisfactorily handled through the Divide vehicle maintenance facility below the mountain. 16) Pursuant to Section 16A -4 -240 of the Municipal Code, the applicant acknowledged that a fire sprinkler system for the new restaurant would be installed and tied into the fire protection supply system in the adjacent gondola cabin storage building, which per the applicant was designed and sized at the time of installation to serve both the cabin storage building and the new restaurant. The applicant also seems to have satisfactorily responded to the Snowmass Wildcat Fire Protection District and the Colorado State Forest Service regarding the location of vegetation located 10 feet or more from the building edge, the roofing to be constructed of non combustible materials, and by improving the Elk Camp work road. Such plans appear acceptable for final design review. 17) Pursuant to Section 16A -4 -250 of the Municipal Code, the application proposes re- grading into existing re- contoured man -made hillside next to the gondola cabin storage building with drainage patterns being unaltered and off site drainage controlled through a sediment pond, which appears acceptable for final design review. 18) Pursuant to Section 16A -4 -270 of the Municipal Code, a subdivision plat for the Snowmass Mountain was not required other than the previous boundary survey or legal description for the rezoning to "Recreation" at the time of Final PUD, since the property is under separate ownership by the USFS. PC Reso 10 -7 Page 6 of 11 19) Pursuant to Section 16A -4 -300 310 of the Municipal Code, the parking provisions in the Code are not applicable for this project and adequate parking is or will be provided at the base of the mountain. 20) Pursuant to Section 16A -4 -320 of the Municipal Code, a landscape plan was provided in the application received on October 1, 2010, which appears acceptable for final design review. The existing alpine environment in the immediate area also seems to provide additional acceptable screening and buffering. 21) Pursuant to Section 16A- 4- 320(c) and (h) of the Municipal Code, the Applicant submitted a Construction Management Plan (CMP) for the replacement Elk Camp Restaurant. That CMP seems adequate for controlling the impacts from the construction in Elk Camp Meadows, however, the fuel and other fluid storage would need to be addressed with the building permit application. The Applicant's request to extend the construction hours between 7:00 a.m. to past 6:00 p.m. to 7:00 p.m. seven days per week seems reasonable considering the significant separation distance of the site from existing residential neighborhoods in the community. The Applicant also represented that, "No helicopter use is anticipated for this project." The application appears to acceptably clarify that the construction site fencing would be brought in tight around the building construction to permit skier circulation between the gondola, Cafe Suzanne and the Elk Camp lift during the two -year construction period. The Cafe Suzanne restaurant is planned to remain open and accessible during construction for both winter and summer operations, and would be demolished prior to the opening of the Elk Camp Restaurant, which seems acceptable. 22) Pursuant to Section 16A -4 -330 of the Municipal Code, the building appears to acceptably have access to four hours of direct sunlight (10:00 a.m. to 2:00 p.m.), sufficient year -round solar access to the south wall or south roof, and incorporate passive and solar techniques. The application states that the building is designed to be highly energy efficient and integrates green design elements and passive energy management techniques. The application states that the building is being designed to LEED standards, with a goal of obtaining LEED Gold certification. Shadow impacts should be negligible and probably no greater than that what currently exists for the Cafe Suzanne building. 23) Pursuant to Section 16A -4 -340 of the Municipal Code, the application adequately addresses the criteria regarding site integration, scale and mass, building materials, climate /solar orientation and views. The proposed restaurant varies in height around the structures and would be below the previously established 65 foot height limit for the restaurant "R" areas on the ski mountain. The building materials will mainly incorporate board formed concrete base walls, aluminum storefront glazing, cedar and corrugated metal siding, and stone veneer in selected locations such as wainscoting, the fireplace and the building entry areas. The roofing treatment is not called out on the building elevations but is noted in the text as matching the gray colored roofing treatment on the adjacent gondola storage building. The roofing treatment approved for that building was a non reflective, PC Reso 10 -7 Page 7 of 11 non -white earth tone color single -ply roof membrane. Such overall design treatment for the building appears consistent with the standards requiring, "buildings shall be designed with natural materials and details that are indigenous to Colorado and that are non reflective." Further it states, "Materials should be predominantly authentic in their appearance, with natural textures and weathering," which this application seems to satisfactorily address. In addition, "The indigenous materials of the surrounding mountains should be conveyed by integrating heavy timbers, natural siding materials and rock into the building design," which this application also seems to adequately address. 24) Pursuant to Section 16A- 4- 340(c)(2)d of the Municipal Code, the Applicant represented that there would be no roof top mechanical units and that the mechanical spaces would be placed in the back portion of the facility, which is the preference and therefore acceptable. 25) Pursuant to Section 16A -4 -410 of the Municipal Code, the employee housing requirements for the entire Snowmass Mountain were previously addressed via Ordinance No. 9, Series of 1994, and Ordinance No. 2, Series of 2005. The replacement restaurant is smaller by comparison and should generate a lesser number of employees, also considering the 115 percent redevelopment credit allowed by the Municipal Code. 26) Pursuant to Section 16A -4 -500 510 of the Municipal Code, no signs were shown on the building elevations at this time for the new Elk Camp Restaurant building, which is acceptable. Minor PUD Amendment Application Findings 27) Pursuant to Section 16A -5- 390(3) of the Municipal Code and as more particularly described in the applicant's application notebook received October 1, 2010 regarding the Minor PUD Amendment application, which includes clarification of the development parameters and usage definitions, the Planning Commission finds that: a) The ski related operations facilities on the mountain should not be considered commercial in nature; b) The inventory list of on- mountain facilities has been proven helpful in the review of past amendments, and it appears acceptable to defer an update of the inventory list of on- mountain facilities to utilize as a baseline reference for future amendment reviews after the new Elk Camp Restaurant is built and the Cafe Suzanne removed; c) The proposed revisions to further clarify the Final PUD Guide standards seem consistent with, or an enhancement of, the original PUD approval; d) The proposed amendments do not appear to have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property; e) The proposed amendments do not appear to change the basic character of the PC Reso 10 -7 Page 8 of 11 PUD or surrounding areas; and f) The proposed amendments comply with the other noted and applicable standards of the Municipal Code such as Section 16A- 5- 300(c), General Restrictions and Section 16A -5 -310, Review Standards and as more specifically addressed in this resolution. Section Two: Action Pursuant to the findings stated in Section One of this resolution, and after addressing the CDOW referral comments as recommended in the conclusion of Section (6) Special Review Application Findings above, the Planning Commission recommends that the Town Council approve the Special Review application and lighting plan for nighttime operations to 12:00 Midnight and associated gondola operation for the Elk Camp Restaurant together with the associated Minor PUD Amendment for the ski mountain shown in the Applicant's application notebook received October 1, 2010, subject to satisfactorily implementing the recommendations in Section Three of this resolution. Section Three: Recommendations The Planning Commission makes the following recommendations for consideration by Town Council as conditions for the applications: General recommendations 1) The applicant should continue to comply with the current Environmental Assessment as submitted on March 2006 and titled "Proposed Elk Camp Beginner Park and Summer Multiple Use Trials Environmental Assessment." Pre construction 2) With the submittal of or during the review of the building construction plans, and prior to commencement of construction, the applicant should provide: a) a final drainage analysis report and designs for runoff mitigation systems for review and sign -off acceptance by the Town's designated engineering consultant; b) final civil plans and intended improvements for the Elk Camp Work Road, including: i) the best management practices or BMPs that would address or mitigate drainage impacts, and ii) the requested bench mark information during the review of the building construction plans that demonstrate consistency with any land use approval, for review and sign -off acceptance by the Town's designated engineering consultant, the Snowmass Wildcat Fire Protection District, the Snowmass Water and Sanitation District for sewer service, and the Colorado Department of Public Health for water service to address the referral agency review comments in the staff report dated November 3 and 17, 2010; Prior to issuance of a building permit 3) With the submittal of or during the review of the building construction plans, and prior to the issuance of a permit, the applicant should provide: a) an updated and detailed Construction Management Plan that demonstrates compliance with Ordinance No. 12, Series of 2007, standards and regulations PC Reso 10 -7 Page 9 of 11 for construction management within the Town, and the provisions of: i) addressing the fuel and other fluid storage and containment areas; and ii) a fugitive dust control plan; and iii) employee and contractor parking and transportation; b) a final lighting plan for review and sign -off acceptance by the Town's Chief Building Official; and c) demonstration that if refuse containers or enclosures are proposed, such as any proposed dumpsters next to the loading area per the application, they must be Wildlife Resistant Dumpster Enclosures pursuant to the Section 7 -34 of the Municipal Code. The general appearance of dumpster enclosures should be compatible with dumpster enclosures presently existing within the Town. The precise location and design of dumpster enclosures, if submitted with the building construction plans or proposed in the future, should be approved by the Planning Director prior to the issuance of a building permit for the structure(s); and d) demonstration that the `alternative' exterior finishes that are noted on the building elevations (if proposed) would match, complement, or appear similar to those finishes on the approved design drawings accepted by the Town decision makers, and subject to final review and consideration by the Town's Planning Director. During construction 4) Despite the appropriateness of allowing construction activities to occur on the site from 7:00 a.m. to 7:00 p.m. seven days per week, there should be no construction deliveries to the site after 6:00 p.m. If needed, exterior construction work is permissible the requested seven days per week during daylight hours. Interior construction work may be performed at all hours of the day or night, seven days a week to better ensure completion within the stated time frame. 5) The applicant should confirm that the colors on the building match, complement, or appear similar to the colored renderings as represented by the applicant in their application materials or as accepted by the Town decision makers prior to calling for a zoning inspection. 6) If any of the roof top flues, vents or exhaust shafts happen to be visible beyond the roof line of the building or parapet feature, such equipment should be concealed with matching or similar building exterior or roof finishes or primed and painted to .blend with the roofing material color prior to calling for a zoning inspection. 7) In efforts to comply with the Colorado Division of Wildlife (CDOW) recommendations, the Applicant should address or implement the following standards: a) Usage of exterior machinery should be minimized to the extent possible utilizing BMPs between May 15 to June 20 due to the nearby elk summer range and the calving production area during this period; b) If a helicopter is to be used during construction, the CDOW should be consulted in advance for input; PC Reso 10 -7 Page 10 of 11 c) Dogs, firearms and archery equipment should not be allowed to be brought on site by construction workers or working employees; and d) Any outside trash /garbage on the building site during the construction period should be kept in approved bear resistant containers in particular from spring to fall. Post construction 8) At the time of demolition of the existing Cafe Suzanne, it is suggested that the applicant provide the Town's Building Department evidence of asbestos testing and dust control prior to a demolition permit being issued. 9) Prior to issuance of a final Certificate of Occupancy, the applicant should: a) Substantially re- vegetate all disturbed areas with native plant species appropriate for wildlife after completion of the exterior shell of the building and deck area as soon as practical upon the close of the 2012/2013 ski season, and completed in full no later than the start of the 2013/14 ski season, for the purposes of erosion control and aesthetic presentation; b) keep any future proposed outside trash /garbage, such as any proposed dumpsters next to the loading area per the application, in an approved bear resistant containers especially during the operation of the restaurant in particular from spring to fall, close and lock all doors and windows on the facility during non operating hours, and install rounded door handle knobs on all exterior doors, unless superseded by other Code requirements; 10) If advertising signs are proposed in the future, the applicant should file for a sign permit application for review and consideration by the Town's Planning Director. 11) Any proposed future snow melting, such as patio spaces, would need to comply with the then current Renewable Energy Off -Set Program or related requirements at the time of the building construction plan review for such a change. 12) An appropriate breadth of recreational activities near the new restaurant is encouraged as a means to attract and draw visitors and guests to the area. 13) The applicant should provide an update of the inventory list of all on- mountain commercial and operational facilities to utilize as a baseline reference for future amendment reviews after the new Elk Camp Restaurant is built and the Cafe Suzanne removed, or provide no later than December 31, 2015. Section Four: Severability If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. INTRODUCED, READ, AND APPROVED by the Planning Commission of the Town of Snowmass Village on November 17 2010 upon a motion by Planning PC Reso 10 -7 Page 11 of 11 Commission Member Faurer, the second of Planning Commission Member Crouch, and upon a vote of 6 in favor and 0 against. Planning Commission Member Yocum was recused from this review. TOWN OF SNOWMASS VILLAGE Planning Commission By: Z c-- �..s ---7 Bob Purvis, Chairman ATTEST: X,4-0/ KristilLong, Plann' g Commission Secretary Exhibits by Reference: Applicant's application notebook received October 1, 2010 Staff reports dated November 3rd and 17 2010 with referral agency comments SNOWMASS VILLAGE TOWN COUNCIL NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: December 20, 2010 TIME: During a regular meeting that begins at 4:00 P.M. WHERE: Town Council Chambers 0130 Kearns Road, Town Hall Snowmass Village, CO WHY: To receive public comment on an application by Waffle Shrine, LLC regarding an Annual Temporary Use Permit (ATUP) for a Retail Merchandising Unit (RMU) selling waffles, hot chocolate and hot cider during the 2010 -11 Ski Season at the former Magic Buzz location adjacent to the Base Village plaza. CODE: Application is being processed pursuant to the Town of Snowmass Village Municipal Code, Section 16A- 5- 260(a)(2), Annual temporary use permit. INFO: Additional information regarding the proposal is available for inspection at the Snowmass Village Planning Department or by telephone at (970) 923 -5524 during normal business hours. Written and verbal comments are encouraged and will be accepted until the close of the public hearing; for inclusion of written comments in the Council packet, submissions must be made one week prior to the public hearing at the following address: Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Attn: Chris C. Conrad, Planning Director Telephone: (970) 923 -3777 Internet Access to Council email: http: /www.tosv.com Citizen Feedback Hotline: (970) 922 -6727 or clerk@tosv.com Rhonda B. Coxon, Town Clerk Posted and Published in the Snowmass Sun on December 1, 2010. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: December 20, 2010 SUBJECT: PUBLIC HEARING AND RESOLUTION NO. 52, SERIES OF 2010 A RESOLUTION CONCERNING ISSUANCE OF AN ANNUAL TEMPORARY USE PERMIT FOR THE WAFFLE SHRINE LOCATED ADJACENT TO THE PLAZA AT BASE VILLAGE. ACTION REQUESTED OF COUNCIL: Conduct the Public Hearing and then approve, modify or deny Resolution No. 52, Series of 2010. Applicant: Waffle Shrine, LLC Planner: Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Waffle Shrine, LLC "Applicant is requesting approval of an Annual Temporary Use Permit "ATUP that would allow a Retail Merchandising Unit (RMU) to be located adjacent to the Base Village Plaza at the same general location as where the Magic Buzz Volkswagen bus was located for the 2010/2011 ski season only. Action Requested: Conduct Public Hearing and approve, modify, or deny Resolution No. 52, Series of 2010 BACKGROUND: The Base Village Planned Unit Development (PUD) approval was very specific in terms of the overall development program, phasing and the mix of retail /commercial with residential uses. Unfortunately, development of the overall PUD has stalled with seventy -two percent (72 of the retail /food and beverage available while only forty percent (40 of the residential units have been completed (Fanny Hill Cabins not included). This application will be the third ATUP request that has been submitted for a temporary food or retail service operation within Base Village. Base Village Owner, LLC applied for three (3) three (3) kiosks with approval being granted for one (1) in February, 2008. Magic Buzz Coffee and Chai Company received approval to locate a 1971 Volkswagen Bus, retrofitted to serve as a commercial coffee sales kiosk, in January, 2010. In both cases, it was felt then that it would be appropriate to allow coffee and limited food service to better serve the guests in Base Village. One factor considered during review of the prior permits was that there was limited food and beverage facilities for guests to obtain coffee, bagels, "Grab n Go" or breakfast food in Base Village at that time. Attachment 1 lists existing food establishments in Base Village and the Snowmass Mall. Two (2) places in Base Village (Sweet Life and Magic Buzz /Base Camp) 1 and three (3) Mall businesses (Fuel, Snowmass Bakery and Little Dill) offer grab n go- coffee, baked goods and /or breakfast burritos. A copy of the application has been placed in your council boxes and a copy is available for public viewing at the Planning Department. 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended approval, with conditions, at their November 17, 2010 meeting. Please refer to Resolution No. 8, Series of 2010, included as Attachment 2 of this packet. Please note that the building diagrams included within the application packet placed in your council boxes reflect an amended design submitted in response to the Planning Commission "Character" recommendation found in Paragraph 2(a) of Section Three of their resolution. 3. APPLICABLE REGULATIONS. Section 16A -5 -260, Temporary uses, of the Snowmass Village Municipal Code sets forth the review standards that should be addressed by the Applicant. STANDARDS: Section 16A- 5- 260(d) Review Standards. The Town Council may approve the proposed annual temporary use if it complies with the following standards: 1. Use shall be appropriate. The proposed temporary use shall be appropriate in the particular location, taking into consideration the nature of the use, its relationship to surrounding land uses and its impact with respect to environmental, social and economic matters. 2. Use shall comply with policies and regulations. The proposed temporary use shall comply with the Town's adopted policies and regulations, and shall not violate any applicable state, county or federal laws. 3. Applicant's skills and experience. The applicant shall demonstrate that he or she possesses the requisite skill and experience to ensure that the particular activity will be conducted in a safe and orderly manner. 4. Written approval. The applicant shall obtain written approval from all reviewing agencies having jurisdiction over the proposed temporary use. An ATUP may be issued to any short -term use not allowed as a use by right, or as an accessory use or special review use in the particular zone district where the use is proposed, or that involves the construction of any structure, provided that the individual activity or event lasts for a period of time in excess of ten (10) days, but not to exceed one (1) year. 4. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS: Items for discussion may include: a. Consistency with the Base Village PUD. The Applicant needs to demonstrate that this proposed use is consistent with the Base Village PUD and that it is appropriate at the shown location taking into consideration the nature of the use, its relationship to surrounding land uses and its impact with respect to environmental, social and economic matters. 2 Planning Commission Recommendation: The Planning Commission reviewed the application without the benefit of public notice or comment. They recommended that the Town Council carefully consider comments that may be received during the public hearing from adjacent businesses and other interested persons and satisfy itself that the impacts to adjacent uses and businesses have been minimized. Staff Recommendation: The Base Village PUD approval included a commercial covenant that permitted food and beverage establishments in all of the buildings. Attachment 1 identifies four (4) restaurants now available for guests in Base Village. The supplemental letter included as Attachment 3 was submitted in response to Planning Commission concerns whether the operation is appropriate in relation to surrounding land uses with respect to its economic impact. Staff believes that the Applicant needs to satisfactorily demonstrate to the Town Council that the proposed use is appropriate in relation to surrounding uses such that it is more complimentary rather than competitive in the service it will provide to the guests or that the current food and beverage facilities are inadequate in Base Village. b. Proposed Location and Building Size: The application identifies the proposed location to be where Magic Buzz had previously been located proximate to Fanny Hill near Base Camp Restaurant. It will be located outside of the designated fire lane. The building is proposed to be 10'x 12'x 9' tall. Planning Commission Recommendation: The Planning Commission found that the location appears appropriate and seems to minimize conflicts with existing businesses and skier /pedestrian circulation. The building size and scale seem appropriate for the use and context. Staff Recommendation: Staff agrees and finds that the amended design positively responds to the recommendations provided by the Planning Commission. ATTACHMENTS 1) Existing food establishments in Base Village and the Snowmass Mall. 2) Planning Commission Resolution No. 8, Series of 2010. 3) December 9 Supplemental Letter from Applicant. 4) TC Resolution No, 52, Series of 2010 3 ATTACHMENT 1 WAFFLE SHRINE TASTER'S ATUP APPLICATIONS EXISTING SKI RESORT FOOD ESTABLISHMENTS BASE VILLAGE Base Camp /Magic Buzz: Coffee; muffins; breakfast burritos -Grab n Go; potential full sit down breakfast menu Lunch Apres Ski Dinner The Sweet Life: Coffee; bagels -Grab n Go; potential full sit -down breakfast menu Lunch Dinner Sneaky's Tavern: Lunch Apres Ski Dinner Buchi's: Apres Ski Dinner Viceroy (Bldg. 13A) Breakfast Lunch Apre Ski Dinner SNOWMASS MALL Fuel: Coffee; Bagels; Muffins -Grab n Go Lunch -Grab n Go Snowmass Bakery Cafe: Coffee; Muffins; Croissants -Grab n Go /Indoor seating Lunch /Dinner -Grab n Go /Indoor seating Little Dill: Coffee; breakfast burritos -Grab n Go Lunch /Dinner -Grab n Go Big Hoss: Full breakfast menu Sit -down Lunch Dinner Goodfella's Pizza Lunch /Dinner -Grab n Go /Indoor seating Taste of Philly: Lunch /Dinner- Pizza, Philly sandwiches, Wraps -Grab n Go SNOWMASS MALL Brother's Grille: Breakfast Lunch Stew Pot: Lunch -Soup; Sandwiches Sit -down Dinner Zane's Tavern: Lunch Apres Ski Dinner Lime Restaurant Bar: Lunch Apres Ski Dinner Mountain Dragon: Apres Ski Dinner Venga Venga: Lunch Apres Ski Dinner II Poggio: Dinner ON- MOUNTAIN Sam's Smokehouse; Ullrhof; Up 4 Pizza; Gwyn's High Alpine; Cafe Suzanne r, ATTACHMENT 2 SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION NO. 08 SERIES OF 2010 A RESOLUTION RECOMMENDING TOWN COUNCIL APPROVAL WITH CONDITIONS OF AN ANNUAL TEMPORARY USE PERMIT FOR THE WAFFLE SHRINE LOCATED ADJACENT TO THE PLAZA AT BASE VILLAGE. WHEREAS, Waffle Shrine, LLC, Applicant, is requesting approval of an Annual Temporary Use Permit that would allow a Retail Merchandising Unit (RMU) to be located adjacent to the Base Village Plaza; and WHEREAS, Section 16A -5 -260 of the Town of Snowmass Village Municipal Code "Municipal Code provides a mechanism for the Town to consider activities of a temporary or short-term nature that provide or facilitate an overall benefit to the community or further an official policy or objective of the Town, such as temporary activities of a civic, educational or cultural nature or entertainment- oriented activities; and WHEREAS, Section 16A- 5- 260(b) of the Municipal Code establishes a Review Procedure for Annual or Administrative Temporary Use Permits; and WHEREAS, Section 16A- 5- 260(c) Application Contents of the Municipal Code sets forth the minimum contents for temporary use applications; and WHEREAS, Section 16A- 5- 260(d) of the Municipal Code establishes the Review Standards for temporary use permits; and WHEREAS, Waffle Shrine, LLC, Applicant, submitted an application for a Temporary Use Permit within Base Village on October 27, 2010 to the Town of Snowmass Village Planning Department; and WHEREAS, a public meeting was held by the Planning Commission on November 17, 2010 to receive public comment. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Town of Snowmass Village, as follows: Section One Findings. The Planning Commission finds that: 1. The application has been submitted in accordance with requirements of Section 16A -5 -260, Temporary uses of the Municipal Code. 2. The proposal does not conflict with the Purposes of temporary uses within the Town. 3. The proposed temporary use application meets the provisions of the Review Procedure set forth in Section 16a- 5- 260(b) of the Municipal Code. 4. The proposed temporary use appears to comply with the Review Standards established in Section 16A- 5- 260(d) of the Municipal Code. PC Reso 10 -08 Page 2 5. The Applicant intends to operate under this permit during the 2010/2011 ski season only. Section Two Action. In accordance with the findings stated in Section One of this Resolution, the Planning Commission recommends that Town Council approve the Annual Temporary Use Permit for the Waffle Shrine RMU adjacent to the Base Village Plaza for the 2010 -2011 ski season subject to the recommendations, including conditions, outlined in Section Three of this Resolution. Section Three Recommendations. The Planning Commission makes the following recommendations to Town Council for consideration in their review and action regarding the proposed temporary use permit for the Waffle Shrine RMU to be located within the Base Village project: 1. The Planning Commission reviewed the Application without the benefit of public notice or comment from adjacent businesses or other interested persons and knowing that Town Council will have the benefit of public notice and an opportunity for all concerned persons and businesses to be heard by Council, recommends that the Town Council fully vet and consider all such public comments when considering the following recommendations of the Planning Commission. 2. Approve the wooden cabin structure as shown in the Temporary Use Permit application, subject to the following minor adjustments or clarifications: a. Location- appears appropriate and seems to minimize conflicts with existing businesses and skier /pedestrian circulation. b. Size- the dimensions (10' x 12' x 9' tall) and scale of the structure seem appropriate for the use and context. c. Character- Planning Commission expressed concern regarding the character of the building and recommends that the Town Council satisfy itself as to the character of the building by requiring more refined sketches that could add simple features and elements such as possibly including a colorful awning over the service area, shutters, an overhanging roof and appropriate signage while considering the compatibility of the architecture, materials and /or colors with the other buildings within Base Village. 2. Authorize additional Conditions that may be appropriate and reasonable: a. Term the TUP should only be authorized for the 2010 -2011 ski season. b. Renewal- the ATOP renewal process should not be permitted by administrative action, but rather, only by review of Town Council. c. Impacts- Upon Town Council receiving favorable public comment without negative public comment from adjacent businesses and other interested persons, PC Reso 07 -21 Page 3 Council should satisfy itself that the impacts to adjacent uses and businesses have been minimized. INTRODUCED, READ AND APPROVED by the Planning Commission of the Town of Snowmass Village on November 17, 2010 upon a motion by Planning Commission Member Gustafson, the second of Planning Commission Member Sirkus, and a vote of 6 in favor and 0 against. Planning Commission Member Yocum was absent. SNOWMASS VILLAGE, COLORADO PLANNING COMMISSION /Zee Z L I Bob Purvis, Chairman ATTEST: K isti ong, Secr tary ATTACHMENT 3 December 9, 2010 Dear Snowmass Town Council, Waffle Shrine LL,C is excited at the prospect of opening our doors at Snowmass in the near future. We would like to summarize a few key points for your consideration. -We are confident that our menu, although limited, will rapidly contribute to the vitality, vibrancy, and variety of the Base Village Mall. Our Liege Waffles, which are not offered anywhere else in Pitkin County, will quickly fill a niche and satisfy a demand in the snow sports community. -We believe that competition is the key to every health, and sustainable economy. Likewise we also believe that the consumer's preferences are the guiding force in the viability of any successful enterprise. Although youthful, the three owners /operators of Waffle Shrine LL.0 share a plethora of business expertise and experience. Customer satisfaction has and will always be our first priority. We are all residents of Colorado and hope to become a positive force in the local economy and community. -As there has been some concern about the potential addition of our RMU, we would like to stress that our waffles do not directly compete with the offerings of any current establishments. Our waffles, while delicious, do not constitute a complete meal. We believe they will serve as a "quick snack" to tide over the appetite of the typical skier or snowboarder until lunch time, or Apres Ski. -Our enterprise is a micro business, potentially occupying only 120 square feet. We hope we are able to use this opportunity as a stepping stone in order to enter the more complex arena of a brick and mortar establishment. Thank you sincerely for your time and consideration. Garrett L Garrett Iloclscher �c 1 a patio Colin Constantine Brian Wells rV( ATTACHMENT 4 1 SNOWMASS VILLAGE TOWN COUNCIL 2 3 RESOLUTION NO. 52 4 SERIES OF 2010 5 6 A RESOLUTION CONCERNING ISSUANCE OF AN ANNUAL TEMPORARY USE PERMIT 7 FOR THE WAFFLE SHRINE LOCATED ADJACENT TO THE PLAZA AT BASE VILLAGE. 8 9 WHEREAS, Waffle Shrine, LLC "Applicant is requesting approval of an Annual 10 Temporary Use Permit that would allow a Retail Merchandising Unit (RMU) to be located 11 adjacent to the Base Village Plaza; and 12 13 WHEREAS, Section 16A -5 -260 of the Snowmass Village Municipal Code "Municipal 14 Code provides a mechanism forthe Town to consider activities of a temporary or short -term 15 nature that provide or facilitate an overall benefit to the community orfurther an official policy 16 or objective of the Town; and 17 18 WHEREAS, Section 16A- 5- 260(b) of the Municipal Code establishes a Review 19 Procedure for Annual or Administrative Temporary Use Permits; and 20 21 WHEREAS, Section 16A- 5- 260(c) Application Contents of the Municipal Code sets 22 forth the minimum contents for temporary use applications; and 23 24 WHEREAS, Section 16A- 5- 260(d) of the Municipal Code establishes the Review 25 Standards for temporary use permits; and 26 27 WHEREAS, the Applicant submitted an application for a Temporary Use Permit within 28 Base Village on October 27, 2010 to the Town of Snowmass Village Planning Department; 29 and 30 31 WHEREAS, a public meeting was held by the Planning Commission on November 32 17, 2010 to receive public comment and to approve Resolution No. 8, Series of 2010 33 containing their recommendations to Town Council; and 34 35 WHEREAS, the Town Council discussed the application on December 20, 2010; and 36 37 WHEREAS, a public hearing was conducted by the Town Council on December 20, 38 2010 to receive public comment and to consider a Resolution regarding the Annual 39 Temporary Use Permit application. 40 41 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of 42 Snowmass Village, as follows: 43 44 Section One: Findings The Town Council finds that: 45 46 1. The application has been submitted in accordance with requirements of 47 Section 16A -5 -260, Temporary uses of the Municipal Code. 48 49 2. The proposal does not conflict with the Purposes of temporary uses within 50 the Town. 51 3. The proposed temporary use application does meet the provisions of the TC Reso 10 -52 Page 2 52 Review Procedure set forth in Section 16a- 5- 260(b) of the Municipal Code. 53 54 4. The proposed temporary use does comply with the Review Standards 55 established in Section 16A- 5- 260(d) of the Municipal Code. 56 57 Section Two: Action In accordance with the findings stated in Section One of this 58 Resolution, the Town Council approves with conditions the Annual Temporary Use Permit 59 to allow a Retail Merchandising Unit (RMU) /food cart to be located adjacent to the Base 60 Village Plaza, as further described within the application dated October 27, 2010, as 61 amended, and Exhibit "B" attached hereto and incorporated herein by reference, subject 62 to the Conditions outlined below in Section Three of this Resolution. 63 64 Section Three: Conditions The following Conditions shall apply to the issuance of this 65 Annual Temporary Use Permit: 66 67 1. The location shall be as shown on Exhibit "A" attached hereto and incorporated 68 herein by reference. 69 70 2. The structure shall not exceed 10' X 12' X 9' high and materials shall be colored 71 as shown on Exhibit "B" unless minor modifications of the dimensions or colors 72 are administratively approved by the Planning Director prior to commencement of 73 operations. 74 75 3. No improvements shall be placed within the fire lane and final review and 76 approval shall be given by the Snowmass Wildcat Fire Protection District prior to 77 commencing operations. 78 79 4. The ATOP permit shall be granted for the 2010/2011 ski season only. 80 81 5. Should complaints be received that are not reasonably addressed by the 82 Applicant, the Planning Director may require that modifications be made to this 83 permit or recommend to the Town Council that the permit be rescinded. 84 85 6. No additional signage permitted, with the exception of the signage shown in the 86 application, without approval by the Planning Director pursuant to the Base Village 87 Comprehensive Sign Plan. 88 89 7. Deliveries and set -up shall be scheduled to minimize impacts during morning 90 ingress to and evening egress from the ski area. 91 92 8. All Pitkin County Environmental Health Department requirements be satisfied prior 93 to and during operation. 94 95 9. Adequate trash receptacles shall be provided and emptied daily or when full to an 96 approved location. It is the Applicant's responsibility to keep the surrounding area 97 clear of debris or spillage resulting from this operation. 98 99 Section Four Severability. If any provision of this Resolution or application hereof to 100 any person or circumstance is held invalid, the invalidity shall not affect any other 101 provision or application of this Resolution which can be given effect without the invalid TC Reso 10 -52 Page 3 102 provision or application, and, to this end, the provisions of this Resolution are severable. 103 104 INTRODUCED, READ, AND Adopted by the Town Council of the Town of Snowmass 105 Village, Colorado on this 20 day December, 2010, upon a motion made by Council 106 Member and the second by Council Member upon a 107 vote of in favor and opposed. 108 109 TOWN OF SNOWMASS VILLAGE 110 111 112 113 Bill Boineau, Mayor 114 115 ATTEST: 116 117 118 119 Rhonda Coxon, Town Clerk 120 121 APPROVED AS TO FORM: 122 123 124 125 John C. Dresser, Jr., Town Attorney r yy p i '2VF sy. t.r•• a 3§o �i�ff r y r ti x 07 �a d ,At••���` ti, i E is Gr r F� l bL+ A�4 t �1 ;r Y c Z It a 3. cy t WT AM sffi"^•.:. -cz'r Exhibit "B" TC Resolution No. 52, Series of 2010 (Page 1 of 5) Section 2 Annual Temporary Use Permit Application In Accordance With Section 16A v 2601 TOSV Land Use Code General Information: Waffle Shrine, LLC 209 Ventor Avenue, Suite K Aspen, Colorado 81611 Applicants Information Colin Constantine (914) 844 -1624 waffleshrineaspen @gmail.com Garrett Hoelscher (203) 273 -7472 waffleshrineaspen@gmail.com 209 Ventor Avenue, Suite K Aspen, Colorado 81611 Written Description: Waffle Shrine, LLC requests approval for an annual temporary use permit for a waffle kiosk, i.e a retail merchandising unit, to operate within the Snowmass Base Village for the 2010/2011 ski season. The "Waffle Shrine" kiosk will provide the highest quality Belgian style waffles, hot drinks (Cocoa, Cider), along with merchandise that is produced locally. Ownership: The "Waffle Shrine" kiosk will be owned entirely by Waffle Shrine, LLC and operated at all times by members of Waffle Shrine, LLC Garrett Hoelscher, Colin Constantine, and Brian Wells. Deliveries: Deliveries will be made during approved hours to the shipping and receiving dock of Snowmass Base Village, as directed by Jerome Simecek, DOO of Snowmass Hospitality, so as not to interfere with the daily operations of the Base Village. 4 Exhibit "B" TC Resolution No. 52, Series of 2010 (Page 2 of 5) Hours of Operation: As approved by the Snowmass Base Village Masters Association the "Waffle Shrine" kiosk will operate between the hours of 8:30am and 4:30pm, 7 days a week, until April 30th 2011. Waste Management: Biodegradable and Compostable soy based wax paper will be used to serve our waffles in order to reduce the impact of our business on the waste management services of the valley. In addition, one aethescitally pleasing trash receptable will be placed outside of our kiosk to be used by any patron of Snowmass. A small waste receptacble will be placed inside of the kiosk for use by the operators. Also, grey water waste will be disposed of at our approved commissary. Seatinix• As our product is truly a "grab- and -go" item no additional exterior seating will be required. Sionage: Signage; in accordance with the Snowmass Masters Association signage guidelines and the Town of Snowmass Signage Code, will be located on the exterior roof of our kiosk displaying the trade name of our kiosk; "Waffle Shrine." A menu will display our offerings will be located within the interior of our kiosk. Parkiniz: The proposed kiosk will not generate a need for additional parking by our patrons, as it will be an ancillary retail outlet for persons already present in the Snowmass Base Village. Location: The proposed "Waffle Shrine" kiosk will be located as directed by John Mele, the Snowmass Fire Marshall, out of the fire lane in Snowmass Base Village. The kiosk will make use of an existing electrical outlet. Our kiosk will have a permanent look as it will sit freestanding on a wooden platform, but will be readily easily movable. Character: The "Waffle Shrine" kiosk will capture the imagination, and taste buds of Snowmass patron's through our charming and eclectic offering. The Liege waffle delivers the allure and charm reminiscent of the European Alps, a delightful feature that is not currently present within the Snowmass Base Village. We are fully committed to ensuring the vitality of all vendors in the proximity (i.e. Base Camp, The Sweet Life, and Sneaky's). Furthermore, we believe that we will develop a different type of business than is currently served by these larger vendors. We foresee our kiosk catering to the individual looking for a quick affordable snack, in contrast to the group or individual looking for a full- service sheltered meal. We believe the approval of this TOSV annual temporary use application will allow the "Waffle Shrine" kiosk to positively contribute to the Snowmass experiences of locals, and vacationers alike. 5 w. Exhibit t" B TC Resolution No. 52, Series of 2010 (Page 3 of 5) 1 I i i I M d' I Exhibit «6„ TC Resolution No. 52, Series of 2010 (Page 4 of 5)`,. I w Exhibit «g„ TC Resolution No. 52, Series of 2010 i (Page 5 of 5) iV i I SNOWMASS VILLAGE TOWN COUNCIL NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: December 20, 2010 TIME: During a regular meeting that begins at 4:00 P.M. WHERE: Town Council Chambers 0130 Kearns Road, Town Hall Snowmass Village, CO WHY: To receive public comment on an application by Taster's Pizza regarding an Annual Temporary Use Permit (ATUP) for a Retail Merchandising Unit (RMU) /food cart selling pizza slices and non alcoholic beverages during the 2010 -11 Ski Season adjacent to the base terminal of the Elk Camp Gondola in Base Village. CODE: Application is being processed pursuant to the Town of Snowmass Village Municipal Code, Section 16A- 5- 260(a)(2), Annual temporary use permit. INFO: Additional information regarding the proposal is available for inspection at the Snowmass Village Planning Department or by telephone at (970) 923 -5524 during normal business hours. Written and verbal comments are encouraged and will be accepted until the close of the public hearing; for inclusion of written comments in the Council packet, submissions must be made one week prior to the public hearing at the following address: Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Attn: Chris C. Conrad, Planning Director Telephone: (970) 923 -3777 Internet Access to Council email: http: /www.tosv.com Citizen Feedback Hotline: (970) 922 -6727 or clerk@tosv.com Rhonda B. Coxon, Town Clerk Posted and Published in the Snowmass Sun on December 1, 2010. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: December 20, 2010 SUBJECT: PUBLIC HEARING AND RESOLUTION NO. 53, SERIES OF 2010 A RESOLUTION CONCERNING ISSUANCE OF AN ANNUAL TEMPORARY USE PERMIT FOR TASTER'S PIZZA CART LOCATED ADJACENT TO THE ELK CAMP GONDOLA AT BASE VILLAGE. ACTION REQUESTED OF COUNCIL: Conduct the Public Hearing and then approve, modify or deny Resolution No. 53, Series of 2010. Applicant: Tasters Restaurant, Inc. Planner: Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Tasters Restaurant, Inc. "Applicant is proposing to locate a temporary, small food cart or Retail Merchandising Unit (RMU) adjacent to the base terminal of the Elk Camp Gondola and Four Mountain Sports in Base Village during the 2010 -11 Ski Season only. Action Requested: Conduct Public Hearing and approve, modify, or deny Resolution No. 53, Series of 2010 2. BACKGROUND: The owners of Taster's Pizza currently operate two (2) restaurants, one is at the Snowmass Center in Snowmass Village and the other is located in a building near the Rio Grande Park in Aspen. The Applicant intends to sell pizza slices and non alcoholic beverages as a casual "grab- and -go" food service operation. The 64 -inch food cart includes a pizza warmer, oven, food /drink iceboxes, water tanks and a sink with two wheels and a detachable tow bar. The portable cart measures 42.5" by 64.5" and it is 36" high. The cart will be removed from the site each day and stored overnight. A copy of the application has been placed in your council boxes and a copy is available for public viewing at the Planning Department. 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended approval, with conditions, at their December 1, 2010 meeting. Please refer to Resolution No. 9, Series of 2010, included as Attachment 1 of this packet. 4. APPLICABLE REGULATIONS. Section 16A -5 -260, Temporary uses, of the Snowmass Village Municipal Code sets forth the review standards that should be addressed by the Applicant. 1 STANDARDS: Section 16A- 5- 260(d) Review Standards. The Town Council may approve the proposed annual temporary use if it complies with the following standards: 1. Use shall be appropriate. The proposed temporary use shall be appropriate in the particular location, taking into consideration the nature of the use, its relationship to surrounding land uses and its impact with respect to environmental, social and economic matters. 2. Use shall comply with policies and regulations. The proposed temporary use shall comply with the Town's adopted policies and regulations, and shall not violate any applicable state, county or federal laws. 3. Applicant's skills and experience. The applicant shall demonstrate that he or she possesses the requisite skill and experience to ensure that the particular activity will be conducted in a safe and orderly manner. 4. Written approval. The applicant shall obtain written approval from all reviewing agencies having jurisdiction over the proposed temporary use. 5. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS: Items for discussion may include: a. Consistency with the Base Village PUD. The Applicant needs to demonstrate that this proposed use is consistent with the Base Village PUD and that it is appropriate at the shown location taking into consideration the nature of the use, its relationship to surrounding land uses and its impact with respect to environmental, social and economic matters. Planning Commission Recommendation: While the Planning Commission did receive some comments from interested persons, they felt that more complete comments will be provided at the Public Hearing before the Town Council. They recommended that the Town Council carefully consider and fully vet comments that may be received from adjacent businesses and other interested persons. The Planning Commission likes the vibrancy operations of this type bring to Base Village, but recognizes a fairness issue regarding the potential economic impact it may have on surrounding "brick and mortar" fixed food service operations. Staff Recommendation: Staff believes that the Applicant needs to satisfactorily demonstrate to the Town Council that the proposed use is appropriate in relation to surrounding uses such that it is more complimentary rather than competitive in the service it will provide to the guests or that the current food and beverage facilities are inadequate in Base Village. b. Proposed Location: The proposed location is at the base of the stairs leading to the gondola. It will be located outside of the designated fire lane. Planning Commission Recommendation: The Planning Commission found that the location appears to minimize conflicts with existing businesses and skier /pedestrian circulation. 2 Staff Recommendation: Staff intends to monitor the location with respect to whether it will interfere with skier /pedestrian circulation. ATTACHMENTS 1) Planning Commission Resolution No. 9, Series of 2010. 2) November 22 Letter from Aspen Skiing Company 3) TC Resolution No. 53, Series of 2010. 3 ATTACHMENT 1 SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION NO. 09 SERIES OF 2010 A RESOLUTION RECOMMENDING TOWN COUNCIL APPROVAL WITH CONDITIONS OF AN ANNUAL TEMPORARY USE PERMIT FOR A TASTER'S PIZZA FOOD CART LOCATED NEAR THE BASE TERMINAL OF THE ELK CAMP GONDOLA IN BASE VILLAGE. WHEREAS, Tasters Restaurant, Inc. "Applicant'), is requesting approval of an Annual Temporary Use Permit that would allow a Retail Merchandising Unit (RMU) /food cart to be located adjacent to the base terminal of the Elk Camp Gondola in Base Village; and WHEREAS, Section 16A -5 -260 of the Town of Snowmass Village Municipal Code "Municipal Code provides a mechanism for the Town to consider activities of a temporary or short-term nature that provide or facilitate an overall benefit to the community or further an official policy or objective of the Town, such as temporary activities of a civic, educational or cultural nature or entertainment oriented activities; and WHEREAS, Section 16A- 5- 260(b) of the Municipal Code establishes a Review Procedure for Annual or Administrative Temporary Use Permits; and WHEREAS, Section 16A- 5- 260(c) Application Contents, of the Municipal Code sets forth the minimum contents for temporary use applications; and WHEREAS, Section 16A- 5- 260(d) of the Municipal Code establishes the Review Standards for temporary use permits; and WHEREAS, Taster's Pizza, Applicant, submitted an application for a Temporary Use Permit within Base Village on November 15, 2010 to the Town of Snowmass Village Planning Department; and WHEREAS, a public meeting was held by the Planning Commission on December 1, 2010 to receive public comment. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Town of Snowmass Village, as follows: Section One Findings. The Planning Commission finds that: 1. The application has been submitted in accordance with requirements of Section 16A -5- 260, Temporary uses of the Municipal Code. 2. The proposal does not conflict with the purposes of temporary uses within the Town. 3. The proposed temporary use application does meet the provisions of the Review Procedure set forth in Section 16a- 5- 260(b) of the Municipal Code. 4. While the Planning Commission likes the vibrancy operations of this type bring to Base Village, it recognizes a fairness issue regarding the potential economic impact it may have on surrounding "brick and mortar" fixed food service operations. With the exception of the potential economic impact, the application does comply with the Review Standards established in Section 16A- 5- 260(d) of the Municipal Code. PC Reso 10 -09 Page 2 Section Two Action. In accordance with the findings stated in Section One of this Resolution, the Planning Commission recommends that Town Council approve with conditions the Annual Temporary Use Permit for the Taster's Pizza RMU /food cart located adjacent to the base terminal of the Elk Camp Gondola in Base Village subject to the recommendations outlined in Section Three of this Resolution. Section Three Recommendations. The Planning Commission makes the following recommendations to Town Council for consideration in their review and action regarding the proposed annual temporary use permit for Taster's Pizza RMU /food cart to be located within the Base Village project: 1. While some businesses and other interested persons provided comments to the Planning Commission, Planning Commission reviewed the Application without the benefit of public notice and Planning Commission felt that more complete comments will be provided at the Public Hearing before the Town Council. Planning Commission recommends that the Town Council fully vet and consider all such public comments by businesses or other interested persons after the benefit of public notice and a full opportunity for all concerned persons and businesses to be heard by Council, when considering the following recommendations of the Planning Commission together with the review standards provided in the Snowmass Village Municipal Code. 2. Authorize additional Conditions that may be appropriate and reasonable: a. Schedule The hours of operation are appropriate (11:00 AM -4:30 PM, 7- days a week) given the use and its relationship to other businesses and ski area. b. Renewal The TUP should only be authorized for the 2010 -2011 ski season. c. Impacts Upon Town Council receiving favorable public comment without negative public comment from adjacent businesses and other interested persons, Council should satisfy itself that the impacts to adjacent uses and businesses have been minimized. are there ways to minimize impacts to adjacent uses and businesses? INTRODUCED, READ AND APPROVED by the Planning Commission of the Town of Snowmass Village on December 1, 2010 upon a motion by Planning Commission Member Gustafson, the second of Planning Commission Member Aiken, and a vote of 6 in favor and 0 against. Planning Commission Member Yocum was absent. SNOWMASS VILLAGE, COLORADO PLANNING COMMISSION Bob Purvis, Chairman ATTEST: ri i 1_ong, Secrets SNOWH@AS8 ASPEN&4Q00T&M ASPEN HIGHLANDS BUTTER801LK ��������y��0\���� 0N 0� U� ASPEN SUNG u8jtrfp40Y �����U�N���U�^� ATTACHMENT x� November Z2,Z81O To Whom It May Concern; I have reviewed.the proposed site of the Tasters Pizza cart and do not see any potential for conflicts with the existing Aspen Skiing Company activities in that area. Providing another option for quick, hot food in Base Village will be a welcome addition to offerings currently in place and will be a great amenity for our guests. I whole heartedly support the approval of Tasters pizza cart. Please don't hesitate to contact me at the phone number below if I can answer any other questions. Sincerely, Steve Sewell Snovvrnass Ski Area General Manager 970'923~0502 PO. Box 1248 Aspen, CO81612-1348 e70-985'1220 nnmooVmmu:omnuoo.00m Phnted on Recycled Papa ATTACHMENT 3 1 SNOWMASS VILLAGE TOWN COUNCIL 2 3 RESOLUTION NO. 53 4 SERIES OF 2010 5 6 A RESOLUTION CONCERNING ISSUANCE OF AN ANNUAL TEMPORARY USE PERMIT 7 FOR TASTER'S PIZZA CART LOCATED ADJACENT TO THE ELK CAMP GONDOLA AT 8 BASE VILLAGE. 9 10 WHEREAS, Tasters Restaurant, Inc. "Applicant is requesting approval of an 11 Annual Temporary Use Permit that would allow a Retail Merchandising Unit (RMU) /food cart 12 to be located adjacent to the base terminal of the Elk Camp Gondola in Base Village; and 13 14 WHEREAS, Section 16A -5 -260 of the Snowmass Village Municipal Code "Municipal 15 Code provides a mechanism for the Town to consider activities of a temporary or short -term 16 nature that provide or facilitate an overall benefit to the community or further an official policy 17 or objective of the Town; and 18 19 WHEREAS, Section 16A- 5- 260(b) of the Municipal Code establishes a Review 20 Procedure for Annual or Administrative Temporary Use Permits; and 21 22 WHEREAS, Section 16A- 5- 260(c) Application Contents of the Municipal Code sets 23 forth the minimum contents for temporary use applications; and 24 25 WHEREAS, Section 16A- 5- 260(d) of the Municipal Code establishes the Review 26 Standards for temporary use permits; and 27 28 WHEREAS, the Applicant submitted an application for a Temporary Use Permit within 29 Base Village on November 15, 2010 to the Town of Snowmass Village Planning Department; 30 and 31 32 WHEREAS, a public meeting was held by the Planning Commission on December 1, 33 2010 to receive public comment and to approve Resolution No. 9, Series of 2010 containing 34 their recommendations to Town Council; and 35 36 WHEREAS, the Town Council discussed the application on December20, 2010; and 37 38 WHEREAS, a public hearing was conducted by the Town Council on December 20, 39 2010 to receive public comment and to consider a Resolution regarding the Annual 40 Temporary Use Permit application. 41 42 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of 43 Snowmass Village, as follows: 44 45 Section One: Findings The Town Council finds that: 46 47 1. The application has been submitted in accordance with requirements of 48 Section 16A -5 -260, Temporary uses of the Municipal Code. 49 50 2. The proposal does not conflict with the Purposes of temporary uses within 51 the Town. TC Reso 10 -53 Page 2 52 3. The proposed temporary use application does meet the provisions of the 53 Review Procedure set forth in Section 16a- 5- 260(b) of the Municipal Code. 54 55 4. The proposed temporary use does comply with the Review Standards 56 established in Section 16A- 5- 260(d) of the Municipal Code. 57 58 Section Two: Action In accordance with the findings stated in Section One of this 59 Resolution, the Town Council approves with conditions the Annual Temporary Use Permit 60 to allow a Retail Merchandising Unit (RMU) /food cart to be located adjacent to the base 61 terminal of the Elk Camp Gondola in Base Village, as further described within the 62 application dated November 15, 2010, and Exhibit "B" attached hereto and incorporated 63 herein by reference, subject to the Conditions outlined below in Section Three of this 64 Resolution. 65 66 Section Three: Conditions The following Conditions shall apply to the issuance of this 67 Annual Temporary Use Permit: 68 69 1. The location shall be as shown on Exhibit "A" attached hereto and incorporated 70 herein by reference. 71 72 2. No improvements, to include electrical wiring, shall be placed within the fire lane 73 and final review and approval shall be given by the Snowmass Wildcat Fire 74 Protection District prior to commencing operations. 75 76 3. The ATOP permit shall be granted for the 2010/2011 ski season only. 77 78 4. Should complaints be received that are not reasonably addressed by the 79 Applicant, the Planning Director may require that modifications be made to this 80 permit or recommend to the Town Council that the permit be rescinded. 81 82 5. No additional signage permitted, with the exception of the signage shown in the 83 application, without approval by the Planning Director pursuant to the Base Village 84 Comprehensive Sign Plan. 85 86 6. Deliveries and set -up shall be scheduled to minimize impacts during morning 87 ingress to and evening egress from the gondola. Overnight removal and storage 88 of the cart and equipment shall be as stated within the application. 89 90 7. All Pitkin County Environmental Health Department requirements be satisfied prior 91 to and during operation. 92 93 8. Adequate trash receptacles shall be provided and emptied daily or when full to an 94 approved location. It is the Applicant's responsibility to keep the surrounding area 95 clear of debris or spillage resulting from this operation. 96 97 Section Four Severability. If any provision of this Resolution or application hereof to 98 any person or circumstance is held invalid, the invalidity shall not affect any other 99 provision or application of this Resolution which can be given effect without the invalid 100 provision or application, and, to this end, the provisions of this Resolution are severable. 101 TC Reso 10 -53 Page 3 102 INTRODUCED, READ, AND Adopted by the Town Council of the Town of Snowmass 103 Village, Colorado on this 20 day December, 2010, upon a motion made by Council 104 Member and the second by Council Member upon a 105 vote of in favor and opposed. 106 107 TOWN OF SNOWMASS VILLAGE 108 109 110 111 Bill Boineau, Mayor 112 113 ATTEST: 114 115 116 117 Rhonda Coxon, Town Clerk 118 119 APPROVED AS TO FORM: 120 121 122 123 John C. Dresser, Jr., Town Attorney Exhibit "All TC Resolution No. 53, Series of 2010 (Pa e 1 of 1 OQ Q�� OQ �r l ti �'�:l Sit K"` tip .z�� l •t 0 0 i. t f f r R f t t R 1 L }y l L iH r a le. fi rx j� t Y 1. -s ���r"u b ro� r�•^Y'�x ?r'r rr i P� r a� k� �►w y r� ;G t �Lr.� x ys','� F ,1T s Et ,�rs 8 t VK 4" t ✓a t' t' 1i, F y e st r i Ili k 31 3 Yar." ��46'51't3 4� vt Y q !4 s J�'«M.,�y r�""'`� Y `y,,�,,, r f '4.�.�. .t: aY C Al ,i et"�S/Lt•. ?a I A•'.� xn t Exhibit "B» 'ermit Application 2010/20113 TC Resolution No. 53, Series of 2010 m (Page 1 of 4) Procedures of Operation i. Hours and Term of Site Use: This proposal is for the cart to be allowed at specified site starting January eon and terminating on April 30til of eon. The cart will be open and in operation from nam until 4.3opm. There will be approximately a thirty minute period before opening, and after closing, that the cart will be on site; this time is required for set up and break down of the establishment. 2. Staffing: The cart will be run by only one employee at all times. This employee is responsible for the assembly of food, and for the monetary transactions that occur on site. This person will be trained in these duties for a minimum of two operational days with more training provided if needed. 3. Menu: Food available at the cart is limited to slices of pizza. The menu is as follows: Slice of Cheese 3.00 Single topping Slice $3.50 Pre assembled Specialty Slice 4.00 Choose your own topping 3.00 +25C for each additional topping At the time of the application the beverages slated to be offered at the cart will be: uoz. Cans of; Pepsi, Diet Pepsi, Mountain Dew, Root beer, Sierra Mist $2.25 8oz. cans of Red Bull and Sugar -free Red Bull $3.00 4. Storage: The cart is tentatively set to be stored in a storage room located in the Base Village Parking garage. This storage room is located on Ievel 2 directly across from the elevator. This will allow the cart to be easily moved to the site at the start of business, and then removed from the site at the end of each business day. 5. Waste Disposal: There will be a trash receptacle located within a few feet of the cart, as well as a recycling container. These items will be situated so as to be convenient for customers. They will be placed in said location at the start of operation each day and then removed at business closing in the evening. Placement of these items will be the sole responsibility of Taster's Pizza Cart and will be carried out by the employee on duty that day. The waste will then be taken to the proper dumpsters provided to Taster's Pizza Cart by the landlords. 16 Kearns Rd, Suite 110A PO Box 6211 Snowmass Village, CO 81615 (970)923 -5250 www.tasterspizza.com Exhibit "B" TC Resolution No. 53, Series of 2010 Application 2010/2011 (Page 2 of 4) 6. Seating: Taster's Pizza Cart is a 'grab and go' style venue, therefore no seating is required or offered. 7. Health Code Compliance: Taster's Pizza Cart intends to comply with all policies and regulations set forth by Pitkin County Environmental Health. The Environmental Health Department has reviewed the proposed plans and specifications, and has determined them to be in compliance with the Colorado Retail Food Establishment Rules and Regulations. A copy of this approval letter is attached (appendix F) 8. Noise Regulation: There will be little to no noise from the vending cart and its employee while it is in operation on the mentioned property. 9. Potential Fire Hazards: The cart contains a Liquid Propane (LP) oven. All parts of the cart have been fabricated to code and fire safety has been taken into consideration. There will also be a heater in place to keep the employee at a comfortable working temperature. This will be a stainless steel, 46,000BTU commercial grade patio heater_ The storage of the propane will be decided upon based on regulations and safety requirements of the Snowmass Village Fire Department. Taster's is willing to work with the Snowmass Village Fire Marshall to adhere to all safety concerns, and is willing to implement all precautionary measures deemed necessary. io. General Procedure: wa.m. Employee will arrive at commissary and load all necessary supplies into vehicle and drive over to Base Village. Employee will then stock the cart with necessary equipment. io:3oa.m. Employee will move cart from storage to the proposed site. The oven and heater will then be readied for operation. The umbrella or canopy (weather based) will be erected and the trash and recycling receptacles will be put in place. u:ooa.m. The Pizza Cart will be open for business. Assembly of Pizza: The slices will be prebaked at the commissary (Taster's Snowmass) the pizzas will be stored in the warm storage area of the cart. Once a customer orders a slice the t 77 16 Kearns Rd, Suite 110A PO Box 6211 Snowmass Village, CO 81615 (970)923 -5250 www.tasterspizza.com Exhibit "B" TC Resolution No. 53, Series of 2010 rmitApplication 1 2010/2011 z s Page 3 of 4) ��sn 4wa Taster's employee will put necessary toppings on the slice and reheat it (if necessary) using the oven. Gloves will then be removed and monetary exchanges will be executed by employee. 4.3 The employee will take down the umbrella and or canopy, turn off all heating mechanisms and remove the cart from the site. The employee will take all trash and recycling to locations designated appropriate by landlords. All food and beverages will be taken off cart and taken back to commissary for overnight storage. The propane and all other heating mechanisms will be stored at location deemed appropriate by the fire marshal. The cart will be stored iri abovementioned (Procedures of Operation 4) location until the following business day. 16 Kearns Rd, Suite 110A PO Box 6211 Snowmass Village, CO 81615 (970)923 -5250 www.tasterspizza.com Exhibit "B" TC Resolution No. 53, Series of 2010 tk (Page 4 of 4) 11 0 a Q a Y 1 F� y• 46 a a a 0 a cr m 9 92 so cl ¢c QC1 o C rn m c o a �v W oil ell ec a o Y f o r� o Qo w w w� P ..A ppei.cix MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: December 20, 2010 SUBJECT: Extension of Development Moratorium I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Second Reading of an Ordinance extending the moratorium for six months to June 30, 2011. II. SUMMARY OF PROJECT The moratorium expires on December 31, 2010 but it appears that the Code review will not be complete by that date. Council may extend the moratorium by a duly adopted ordinance. III. BACKGROUND A. Ordinance 21 of 2007 enacted the moratorium. B. Ordinance 5 of 2008 extended the moratorium to July 31, 2008. C. Ordinance .10 of 2008 extended the moratorium to December 31, 2008. D. Ordinance 16 of 2008 extended the moratorium to June 30, 2009. E. Ordinance 7 of 2009 extended the moratorium to December 31, 2009. F. Ordinance 21 of 2009 extended the moratorium to June 30, 2010. G. Ordinance 12 Of 2010 extended the moratorium to December 31, 2010. IV. APPLICABLE REGULATIONS n/a V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Town Council discussed and directed staff to extend the moratorium to allow time to complete the review of the Land Use Code. VI. STAFF RECOMMENDATIONS AND FINDINGS Approve, Modify or Deny Second Reading of the Ordinance to extend the moratorium to June 30, 2011. 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 18 5 SERIES OF 2010 6 7 8 AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE 9 ACCEPTANCE OF ANY NEW LAND USE APPLICATION SEEKING 10 DEVELOPMENT APPROVAL FOR REAL PROPERTY LOCATED IN THE 11 WEST VILLAGE COMPREHENSIVELY PLANNED AREA AND FARAWAY 12 RANCH NORTH COMPREHENSIVELY PLANNED AREA FOR A PERIOD OF 13 SIX MONTHS 14 15 16 WHEREAS, the Town of Snowmass Village has undertaken and 17 completed a targeted review and update of the Comprehensive Plan; and 18 19 WHEREAS, the review and update of the Comprehensive Plan was 20 targeted in order to comprehensively plan for the remaining commercial areas of 21 the Town and review and update other areas of the Comprehensive Plan as 22 needed; and 23. 24 WHEREAS, in conjunction with the review and update of the 25 Comprehensive Plan, the Town Council desires that the Planning Department 26 conduct an analysis and assessment of Chapter 16A of the Snowmass Village 27 Municipal Code in order to provide Town Council with a review of the existing 28 land use code and regulations as they affect land use and development in the 29 Town, specifically in the West Village Comprehensively Planned Area "CPA 30 and the Faraway Ranch North CPA; and 31 32 WHEREAS, the Town Council has received a preliminary report of the 33 Planning Department regarding the existing Chapter 16A of the Snowmass 34 Village Municipal Code in order to now consider amendments to the Chapter 35 16A; and 36 37 WHEREAS, the Town Council has enacted certain amendments to 38 Chapter 16A of the Snowmass Village Municipal Code but contemplates that 39 further amendments to Chapter 16A of the Snowmass Village Municipal Code 40 are necessary to accomplish the goals of the community and the Comprehensive 41 Plan; and 42 43 WHEREAS, the Town Council has enacted and subsequently extended a 44 moratorium that currently expires on December 31, 2010 for land use 45 applications in the West Village CPA and Faraway Ranch North CPA to enable 46 reasoned discussion and action regarding the targeted review and update of the 47 Comprehensive Plan and allow full and complete discussion of any amendments 48 to the Comprehensive Plan and the Chapter 16A of the Municipal Code; and 49 50 WHEREAS, the Town Council has determined that it is prudent to review 51 any future land use applications after the completion of the review of Chapter 52 16A of the Municipal Code and the reasonable estimate of the time to complete 53 such actions was six months, however, more time is needed to complete the 54 reviews of the Code and another six months seems a reasonable time to 55 complete said reviews; and 56 57 WHEREAS, Ordinance 21, Series of 2007 provides that the moratorium 58. may be extended by a duly adopted ordinance of the Town Council; and 59 60 WHEREAS, Town Council has determined that it is necessary to extend 61 the duration of the moratorium in order to provide the time necessary to: conduct 62 a review and update of the Comprehensive Plan, to prepare an analysis and 63 assessment of all current land use regulations, and to allow time for the Town 64 Council, Town Staff and the citizens of Snowmass Village to consider 65 amendments, if necessary, to the Comprehensive Plan and Land Use Code of 66 the Town of Snowmass Village. 67 68 69 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the 70 Town of Snowmass Village as follows: 71 72 1. That the temporary moratorium on land use applications 73 enacted by the Town Council by Ordinance 21, Series of 2007 74 is hereby extended to June 30, 2011. 75 76 2. That all other terms of Ordinance 21, Series of 2007 shall 77 remain in full force and effect through the period of this 78 extension. 79 80 3. If any provision of this Ordinance or application hereof to any 81 person or circumstance is held invalid, the invalidity shall not 82 affect any other provision or application of this Ordinance which 83 can be given effect without the invalid provision or application, 84 and, to this end, the provisions of this Ordinance are severable. 85 86 87 INTRODUCED, READ, APPROVED AND ADOPTED, on First Reading 88 by the Town Council of the Town of Snowmass Village on December 13, 2010 89 upon a motion by Council Member Wilkinson, the second of Council Member 90 Kucker, and upon a vote of 4 in favor and 0 opposed. Council Member Butler 91 was absent. 92 2 93 94 INTRODUCED, READ, APPROVED AND ADOPTED, on Second Reading by 95 the Town Council of the Town of Snowmass Village on December 20, 2010 upon 96 a motion by Council Member the second of Council 97 Member and upon a vote of in favor and opposed. 98 99 TOWN OF SNOWMASS VILLAGE 100 101 102 103 Bill Boineau, Mayor 104 105 106 ATTEST: 107 108 109 110 Rhonda B. Coxon, Town Clerk 111 112 113 114 APPROVED AS TO FORM: 115 116 117 118 119 John C. Dresser, Jr., Town Attorney 120 3 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: DECEMBER 20, 2010 Council Retreat on January 10th At the November 15 Council meeting, the Town Council agreed to have a strategic planning retreat on January 10 It was requested that the meeting start in the late afternoon and go into the evening. Pending Actions Last Updated December 14, 2010 The following is a summary of actions that either the Council has requested or actions staff has proposed and is working on for the Town Council. Staff Action Status Date to follow -up Contact I I w/ Council Land Use Planning Other Land Use The comprehensive plan has been 1 s' Phase of Land Department Code Issues approved. The Town Council has adopted Use Amendments the 1 st round of high priority actions. approved on 2nd reading on October 18, 2010 Housin 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 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 January 3, 2010 Department Restriction reviews of deed restricted homeowners Enforcement qualifications. Finance Marianne GID Advisory Once the foreclosure is complete, bring After Base Village Board back the discussion of the GID Advisory Foreclosure is Board to the GID Board. complete but before the budget process begins for 2012 budget Marianne Sales Tax Finance Department was requested to February 2011 Evaluation evaluate sales tax collection between between the commercial nodes and by sector. commercial This is planned to be forwarded to FAB nodes in January. Other Mark Kittle REOP REOP —Update Ordinance to deal with January 3, 2011 double exemption input from 9/22 discussion. On 10/18 Council asked for more examples of this policy and whether an exemption for life safety could be reviewed by the Building Board of Appeals. On 12/6 Council asked to bring the topic back for a discussion with input from various stakeholders. Russ URA- Phase 1 Council authorized on October 4 th To be scheduled Forrest moving forward with the next steps to after Council create an Urban Renewal Authority. retreat on Council requested that no further January 10 action on this be taken until after the Council retreat scheduled for January 10 tH Russ Ice Age Applications for the Task Force were December 20 Forrest due on December 16 Council will be and January 3` requested to short -list candidates for the task force on December 20 for rd interviews on January 3 3 RD Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JANUARY 03, 2011 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 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. 1, SERIES OF 2011 DESIGNATION OF PUBLIC NOTICE BOARDS -CONSIDERATION OF A RESOLUTION DESIGNATING THE LOCATION OF THE OFFICIAL PUBLIC NOTICE BOARDS FOR THE TOWN OF SNOWMASS VILLAGE (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 1, Series of 2011 --Rhonda B. Coxon Item No. 5: RESOLUTION NO. 2, SERIES OF 2011 APPOINTING MUNICIPAL JUDGE- A RESOLUTION APPOINTING H. LAWSON WILLS AS MUNICIPAL JUDGE, SETTING THE TERM OF OFFICE AND COMPENSATION. (Time: 10 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 2, Series of 2011 --Rhonda B. Coxon Item No. 6: RESOLUTION NO. 3, SERIES OF 2011 —A RESOLUTION APPOINTING MEMBERS TO NEW TERMS FOR BOARDS AND COMMISSIONS (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Interview applicants for Board and approve, modify or deny Resolution No. 3, Series of 2011 --Rhonda B. Coxon 01-03-11 TC Page 2 of 3 Item No. 7: INTERVIEW AND APPOINT MEMBERS TO THE ICE AGE COMMITTEE TASK FORCE (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Interview applicants and appoint to the Ice Age Task Force --Russ Forrest Item No. 8: PUBLIC HEARING RESOLUTION NO. 4, SERIES OF 2011 SPECIAL REVIEW APPLICATIONS FOR THE ELK CAMP RESTAURANT AND A LIGHTING PLAN FOR NIGHTTIME OPERATIONS TO 12:00 MIDNIGHT; AND FIRST READING ORDINANCE NO. 1, SERIES OF 2011 MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO SNOWMASS MOUNTAIN (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny the resolution for the Special Review requests and the first reading of the ordinance for the related Minor PUD Amendment Jim WahIstrom Item No. 9: DISCUSSION OF THE RENEWABLE ENERGY OFFSET PROGRAM —(REOP)ES (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Determine if there should be any changes to the current fee structure. --Mark Kittle Page (TAB) Item No. 10 MANAGER'S REPORT (Time: 10 minutes) --Russell Forrest ...........................Page (TAB Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB Item No. 12: APPROVAL OF MEETING MINUTES FOR: I Page (TAB Item No. 13: COUNCIL COMMENTS/COMMITTEE REPORTS /CALENDARS I I Page (TAB Item No. 14: ADJOURNMENT 01 -03 -11 TC Page 3of3 NOTE: Total time estimated for meeting: Approx 2 hours (excluding items 1 -3 and 8 —11) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. (If the Meeting ends before 9:00 p.m.) December Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 Town Council Meeting i1i 12 13 14 15 16 17 18 Town Council Special Meeting Ii 19 20 21 22 23 24 25 Town Christmas Council Town Hall Day! Meeting Closed for 4:00 m. Christmas Holiday! a v 26 27 28 29 30 31 Town Hall Closed for New Years Holiday! 1 1 Sun Mon Tue Wed Thu Fri Sat 1 New Years Day! f� HA PP}- vASW YEAS 2 3 4 5 6 7 8 Town Council Meeting ii 9 11 12 13 14 15 Town Council Retreat Location TBD 3:00 p.m. 16 17 18 19 20 21 22 Martin Luther Town King's Council Birthday! Meeting s 4:00 m. 23 24 25 26 27 28 29 30 31