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12-04-17 Town Council Packet.pdfTown Council Monday, December 04, 2017 4:00 PM 130 Kearns Road Council Chambers Agenda 1.CALL TO ORDER - Mayor Butler called to order the Regular Meeting of the Snowmass Village Town Council 2.ROLL CALL 3.PROCLAMATIONS AND PRESENTATIONS 4.PUBLIC COMMENT - This section is set aside for the Town Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. ( Five Minute Time Limit) 5.CONSENT AGENDA - These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. 1 Town Council Page - 2 5.A.DRAFT AGENDAS 2017 AND 2018 2017 and 2018 Draft Agendas Page 4.pdf 5.B.Meeting Minutes for Approval - November 6, 2017 November 6, 2017 -Mintues Page 9.pdf 5.C.RESOLUTION NO. 42, SERIES OF 2017 - ELECTED OFFICIALS TRANSPORTATION COMMITTEE'S PROPOSED 2018 SALES AND USE TAX BUDGET Reso 42 - EOTC Budget Page 15.pdf 5.D.RESOLUTION NO. 41, SERIES OF 2017 - A RESOLUTION ACTING ON APPLICANT'S REQUESTED WAIVERS OF CERTAIN DATE AND/OR MATERIAL SUBMISSION REQUIREMENTS IN THE MUNICIPAL CODE PERTAINING TO THE PROPOSED PRELIMINARY PLAN PLANNED UNIT DEVELOPMENT (PUD) AND INITIAL ZONING TO 'EST' APPLICATIONS ASSOCIATED WITH THE POPE ANNEXATION. Reso 41 - Poep Annex Waivers Page 21.pdf 6.PUBLIC HEARINGS - QUASI-JUDICIAL HEARINGS - Public Hearings are the formal opportunity for the Town Council to LISTEN to the public regarding the issue at hand. For land use hearings the Council is required to act in a quasi-judicial capacity. When acting as a quasi-judicial body, the Council is acting in much the same capacity as a judge would act in a court of law. Under these circumstances, the judicial or quasi-judicial must limit its consideration to matters which are placed into evidence and are part of the public record. The Council must base their decision on the law and the evidence presented at the hearing. 1)Staff Presentation. Staff will present an overview of the project, comments and reports received from review agencies, and offer a recommendation. 2)Applicant Presentation. The petitioner is asked to present the proposal. Presentations should be brief and to the point and cover all of the main points of the project. 3)Public Input (limit of 5 minutes per person). People speaking should step up to the microphone and state their name and address. Speakers should be to the point and try not to repeat the points of others have made. 4)Applicant Rebuttal. The Mayor will ask for the applicant’s rebuttal. During this brief time, the applicant should answer the questions raised by the public. 5)The hearing is then closed to public comments. 6)Questions from the Council. After a Council member is recognized by the Mayor, they may ask questions of the staff, the applicant. 7)Make a motion. A member of the Town Council will make a motion on the issue. 8)Discussion on the motion. The Town Council may discuss the motion. 9)Vote. The Town Council will then vote on the motion. 2 Town Council Page - 3 6.A.CONTINUED PUBLIC HEARING REGARDING MAJOR PUD AMENDMENT PRELIMINARY PLAN APPLICATION INVOLVING THE ENCLAVE Agenda Summary - Cont Public Hearing Enclave Page 32.pdf Enclave - Attachment 1 Page 39.pdf Enclave - Attachment 2 Page 42.pdf Enclave - Attachment 3 Page 54.pdf Enclave - Attachment 3A Page 83.pdf Enclave - Attachment 3B Page 104.pdf 7.POLICY/LEGISLATIVE PUBLIC HEARINGS 8.ADMINISTRATIVE REPORTS 8.A.FIRST READING - ORDINANCE NO. 15, SERIES OF 2017 - AN ORDINANCE AMENDING ARTICLE V - ANIMALS AND ARTICLE VI - WILDLIFE PROTECTION OF CHAPTER 7- HEALTH, SANITATION AND ANIMALS, ARTICLE II - PARKING REGULATIONS OF CHAPTER 8 - VEHICLES AND TRAFFIC, AND ARTICLE II - OFFENCES RELATING TO STREETS AND PUBLIC PLACES AND ARTICLE III - OFFENCES AGAINST PUBLIC PEACE, ORDER AND SAFETY AND ARTICLE V - SMOKING REGULATIONS AND ARTICLE VII - OFFENCES RELATED TO SKI AREAS AND RECREATIONAL FACILITIES OF CHAPTER 10 - GENERAL OFFENCES Ord 15 1st Reading Offences Page 135.pdf 8.B.REVIEW OF COMMUNITY QUESTIONNAIRE ON MARIJUANA SALES IN SNOWMASS VILLAGE Agenda Summary Marijuana Page 187.pdf 8.C.BUILDING 6 TENANT UPDATE Agenda Summary Building 6 Page 194.pdf 8.D.RESOLUTION NO. 44, SERIES OF 2017 - A RESOLUTION ESTABLISHING DATE FOR REGULAR MEETINGS OF THE SNOWMASS VILLAGE TOWN COUNCIL FOR THE MONTHS OF JANUARY 2018 THROUGH DECEMBER 2018 Agenda Summary Reso 44 Page 212.pdf 9.TOWN COUNCIL REPORTS AND ACTIONS - Reports and Updates 10.ADJOUNMENT 3 DRAFT 20L7 Agenda ltems . Regular Meetings begin at 4:00 p.m. unless otherwise noted . Work Sessions begin at 4:00 p.m. and aim to end at 5:00 p.m. . The dates on which agenda items are listed are only a best approximation. Agenda items are added to this list as they arise. Agenda items may well be moved to different meeting dates. Agendas are generally not finalized until the Thursday prior to the meeting. . ln addition to agenda items, this document also lists expected absences ofTown Council members. ln compliance with section 2-49 ofthe municipal code, once the consent agenda is approved, the absences noted will be considered to have received the prior approval necessary of the majority of the Council for members to be absent from meetings. Mon. Dec 11th - specia I MeetinP - sirkus out . Reso 43 Levying General Property Taxes - MR Mon. Dec 18ih - Regular Meeting- Madsen out o SAAB Recommendation on Sculpture Name -JAW. Ord 15 - 2"d Reading General Offences - BO 12-04-17 TC Packet Page 4of223 2017 Meetinss Mon. Dec 11 - GID Meetinp - Sirkus Out . Reso 3 Leving Propery Tax - MR 4 Topics for Work Sessions or Other Meetinqs Requested bv Town Council Members. Update on Daly Town Home regarding retaining wall. How did they do that? 1)new web assets, transit and recreation. EnvironmentalDiscussions/Approaches: 1) Meet with EAB and prioritize Sustainability goals 2) update on Solar and Renewable Energy for the Town of Snowmass Village 3) Discuss the Climate Reality Project 4) overview of the Re-Op Fund, its uses and successes. 5) a presentation ofthe Energy Navigator from the EAB/PW 6) discussion regarding how to move energy conservation efforts beyond town government to a community wide efforl enabling individuals to help make progress 7) a presenlalion from CORE on the high five program. Housing strategy: 1)discuss a potential regional approach to aging in place/ work with Pitkin county and county senior services- 2) find ways to encourage/ allow individuals to move from larger homes to smaller homes 3) meeting other needs- such as specific housing for town employees 4) update on current housing construction project 5) update on meeting the overall housing strategy. Action on Necessary IGA's or other documents regarding "school property tax" distribution. (expected) Base Village PUD update / review. Continued discussion use of building 6. Continued discussion on Comprehensive Plan consideration and adoption. A discussion on potentially allowing camping (RV or otheo within the Village. E-Bike & Trail Easement Restrictions Update. An update from CORE (including their High 5 Program). Upcoming Land Use Hearings 1) Base Village possible amendments to PUD- expected to require a 'lsrand 2nd reading 2) Sonnenblick Minor PUD Application 3) Enclave PUD Applicaton. Review of Council Compensation 12-04-17 TC Packet DRAFT 2017 Agenda ltems Page 5 of 223 5 DRAFT 2OL8 Agenda ltems o Regular Meetings begin at 4:00 p.m. unless otherwise noted o Work Sessions begin at 4:00 p.m. and aim to end at 6:00 p.m. o The dates on which agenda items are listed are only a best approximation. Agenda items are added to this list as they arise. Agenda items may well be moved to different meeting dates. Agendas are generally not finalized until the Thursday prior to the meeting. o ln addition to agenda items, this document also lists expected absences of Town Council members. ln compliance with section 2-49 of the municipal code, once the consent agenda is approved, the absences noted will be considered to have received the prior approval necessary of the majority of the Council for members to be absent from meetings. 2018 TENTATIVE MEETING DATES NOT APPROVED BY TOWN COUNCIL -Set for Approval on December 4,20t7 Town Council Meeting Tues. Jan 2nd - Resular Meetine (Madsen Out) o Reso 1- Designating Public Notice Boards - RBC r Reso 2 - Appointing Various Town Board Members - RBC o Ord 14 1't Reading - Building 7 & 8 -JAW ?? Mon. Jan 8s - Work Session (Madsen Out) Tues. Jan 16th - Regular Meeting Mon. Feb. 5th - Regular Meeting Mon. Feb 12th - Work Session Thurs. Feb 15th - EOTC Meeting Snownass Villaee Town Council Chambers 4:00 p.m Tues. Feb 20th - Regular Meeting o Updated Pitkin County Hazard Mitigation Plan Adoption Mon. Mar 5th - Regular Meeting Mon. Mar 12th - Work Session Mon. Mar 19th - Resular Meeting Mon. Apr 2nd - Regular Meeting Mon. Apr 9s - Work Session Mon. Apr 15th - Regular Meeting Mon. Mav 7th - Regular Meetins Mon. Mav 14s - Work Session Mon. Mav 21* - Regular Meetins 12-04-17 TC Packet Page 6 of 223 6 DRAFT 2018 Agenda ltems Mon. Jun 4th - Regular Meeting Mon. Jun 11ih - Work Session Thurs. Jun 14th - EOTC Meetins Pitkin Coun tv to Host 4:00 p.m. Mon. Jun 18th - Regular Meeting Mon. Jul 2'd - Resular Meeting Mon. Jul 9th - Work Session Mon. Jul 16s - Reeular Meeting Mon. Aug 5th - Regular Meeting Mon. Aus 13th - work Session Mon. Aus zoh - Reqular Meetins Tue. Sep 4rh - Regular Meeting Mon. Sep l0th - work session Yom Ki DO ur Holida Mon. sep 17th - Regular MeetinP Mon. Oct 1n - Resular Meet shi mini Atzeret Holidav) Mon. oct 8th - work session columbus Da vl Mon. Oct 15ih -lar Meetins Thurs. Oct 18'h - EOTC Meetins Citv of Asoen to Host - 4:00 o.m. Mon. Nov 5rh - Resular Meetins (NiP ht Before Election PITCO Needs Council Chambers) Mon. Nov 12tt - work Session Mon. Nov 19rh - Reqular Meeting Mon, Dec 3'd -ular Meetins Mon. Dec 10s -So ecial Meetins Mon. Dec. 1 7rh - Resular Meetine 12-04-17 TC Packet Page 7 of223 7 DRAFT 2018 Agenda ltems 12-04-17 TC Packet Topics for Work Sessions or Other Meetinqs Requested bv Town Council Members. Update on Daly Town Home regarding retaining wall. How did they do that? 'l)new web assets, transit and recreation. Environmental Discussions/Approaches: 1) Meet with EAB and prioritize Sustainability goals 2) update on Solar and Renewable Energy for the Town of Snowmass Village 3) Discuss the Climate Reality Project 4) overview of the Re-Op Fund, its uses and successes. 5) a presentation ofthe Energy Navigator from the EAB/PW 6) discussion regarding how to move energy conservation efforts beyond town government to a community wide effort enabling individuals to help make progress 7) a presentation from CORE on the high five program. Housing strategy: 1)discuss a potential regional approach to aging in place/ work with Pilkin county and county senior services- 2) find ways to encourage/ allow individuals to move from larger homes to smaller homes 3) meeting other needs- such as specific housing for town employees 4) update on current housing construction project 5) update on meeting the overall housing strategy. Action on Necessary IGA's or other documents regarding "school property tax" distribution. (expected) Base Village PUD update / review. Continued discussion use of building 6. Continued discussion on Comprehensive Plan consideration and adoption. A discussion on potentially allowing camping (RV or other) within the Village. E-Bike & Trail Easement Restrictions Updale. An update from CORE (including their High 5 Program). Upcoming Land Use Hearings 1) Base Village possible amendments to PUD- expected to require a 1"tand 2nd reading 2) Sonnenblick Minor PUD Application 3) Enclave PUD Applicaton. Review of Council Compensation Page 8 of 223 8 1 2 3 4 5 6 7 8 9 11 SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES NOVEMBER 6, 2017 1) CALL TO ORDER Mayor Butler called to order the Regular Town Council meeting on Monday, November 6, 20'17 at 4:05 p.m. 10 A complete live recording and/or audio of this meeting can be found at www.tosv.com under Town Council Meetings. This will be archived indefinitely allowing you to view at any time.72 13 74 15 16 11 18 2) ROLL CALL COUNCIL MEMBERS PRESENT: Markey Butler, Bill Madsen, Alyssa Shenk, Tom Goode and Bob Sirkus COUNCIL MEMBERS ABSENT: All council members were present STAFF PRESENT Clint Kinney, Town Manager; Travis Elliott, Assistant to the Town Manager; John Dresser, Town Attorney; Marianne Rakowski, Finance Director; Anne Martens, Public Works Directori Rhonda B. Coxon, Town Clerk PUBLIC PRESENT Stephanle Lukowski, Mel Blumenthal, Luke VanArsdale, Erika Gibson, Toni Kronberg, Joe Zuena, Deborah Madsen and other members of the public interests in today's Agenda items. 3) PUBLIC COMMENT Toni Kronberg a resident of the Roaring Fork Valley spoke of doing a survey of the Snowmass Village residents and guests in regard to an aerial connection or a skier bridge before it gets too late to make a decision to connect the Snowmass Center and Base Village. She also provided the Council with copies from aerial consultants that have done studies to date. 19 20 21 22 23 24 25 26 27 12-04-17 TC Packet 4) PUBLIC HEAR]NGS QUASL .]UDICIAL HEAR NGS Page 9 of 223 9 11-06-17 TC Minutes Page 2 of 6 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 A. CONTINUATION OF PUBLIC HEARING REGARDING MAJOR PUD AMENDMENT PRELIMINARY PLAN APPLICATION INVOLVING THE ENCLAVE Jim Wahlstrom, Senior Planner, stated following the continued public hearing from September srh to October 2nd, it was determined that the Applicant should prepare and submit a comprehensive and formalAmendment to the application to explain all the effects of the proposed restricted 'residential-occupied' affordable unit as presented by the Applicant as an addendum to the Planning Commission at their meeting on August 16,2017. The addendum at that time showed a proposed restricted 'RO' unit with only the lower levelof the proposed building addition at the time. TheTown has no standards for a restricted 'residenloccupied' unit. The recommendation for a more comprehensive Amendment to the Major PUD Amendment application was acknowledged by the Applicant at the Town Council meeting on October 2, 2017 and the hearing was then continued to November 6, 20'17. 44 Since the October 2, 2017 meeting, the Applicant has prepared and formally submitted 45 on October 30rh an Addendum (which Staff is referring to as the "Amendment", as 46 requested by Town Council) for a deed-restricted housing unit on the Enclave site. also 47 explaining the other effects of th is supplement upon the application. The Amendment 48 has been made in writing and it also includes other exhibits and drawings to describe 49 the affects to the site and upon the initial application. The currently proposed restricted s0 housing unit in the proposed three-pod building expansion would be in addition to the 51 three employee units intended within the planned renovation ofthe existing Arrival 52 building filed with the initial application. One of those units served to replace an existing 53 800 square foot manager's unit on the property. The Applicant plans to present the Amendment to the Town Council al the continued public hearing on November 6rh. As ol the writing of this report, stafl has not analyzed, referred or distributed the Amendment for review and evaluation. Afier Town Council receives the presentation of the Amendment and decides on the course for the review per the municipal code provisions below, staff will then refer the Amendment for review and follow up wlth an updated staff report analysis of the application as a whole to the appropriate review body. 54 55 56 57 58 59 60 During the course of the Planning Commission review, the applicant submitted supplemental addendums primarily in response lo the town staff, referral agencies and Planning Commission comments. These Supplemental Addendums are summarized as follows: 61 67 63 64 12-04-17 TC Packet Page 10 of 223 10 55 66 61 68 69 70 11 12 l3 14 15 76 11 1a 19 80 81 82 83 84 85 86 81 88 89 90 91 92 1'1-06-17 TC Minutes Page 3 of 5 2. A second supplemental addendum was submitted on June '19, 2017 to address the referral agency comments pertaining to civil and drainage plans 3. A third supplemental addendum was submitted on August 10,2017 to address outstanding comments related to landscape design, easements, a solid waste plan and environmental quality concerns. 4. A fourth supplemental addendum was submitted on August 16,20'17, which was a second attempt to address remaining comments on the prior civil and drainage package. Staff recommends that Town Council accept the amendment pursuant to Section 16A- 5-340(k) (3) of the municipal code and direct staff to further review the Amendment, and continue the public hearing to December 4, 2017. Mayor Butler continued the Public Hearing to the Regular Meeting of the Snowmass Village Town Council on Monday, December4,2017 al4:O0 p.m. Town Council asked to discuss the Building 6 Letters of lnterest before approving the budget. 6) ADMINISTRATIVE REPORTS A. REVIEW BUILDING 6 LETTER OF INTEREST SUBMISSIONS l\,4ayor Butler requested that this item be discussed before the approval of the budget in case the Town Council needed to change the amount of the place holder in the budget. Clint Kinney, Town Manager stated that staff published an otficial request for letters of interest for the use of Building 6 on September 21st through the town website and local newspapers. lt was also sent directly to all local businesses and non-profits, as well as many organizations in the greater Roaring Fork region. The letters and proposals present a wide variety of concepts for consideration, and they vary in level of complexity and detail. Kinney stated that staff recommends lhat the Town Council direct staff to work through the proposals and concepts to better define lheir needs, constraints, and how well some of these proposals could work together in a joint operation. 93 94 95 96 97 98 99 100 101 102 103 104 105 106 12-04-17 TC Packet 1. The first addendum on June 14,2017 proposed a further reduction in the height of the building additions from that presented in the initial application as well as from the slight reduction presented to the Planning Commission meeting at their first public hearing on April '19, 201 7. Page 11 o'f 223 11 107 108 109 110 771 "t72 113 174 115 116 117 118 119 120 121 122 123 724 125 726 721 124 729 130 131 132 133 134 135 135 137 11-06-17 TC Minutes Page 4 of 6 Town Council decided to go through lhe submittals and take those out that do not fit in the current location or programming or create the vitality that the Town Council is looking for in this space. Mayor Butler asked thatthe Council develop some criteria to base some decisions on 1) was the proposal able to create a sense of vitality for adults and children from early morning to late at night 2) initial capitalization and ongoing support financially 3) to what extent that people were reaching out to programing and calibration with other entities. Jeff Tippet, former Mayor and Town Council Member of the Town of Snowmass Village and longtime resident of Snowmass Village stated he has been following this discussion and has had concerns with this issue and he was originally going to say take the money and run after reading the proposals he now is just asking that the Council be very cautious as to the Town working with non-profits and the difficulty in raising money in today's climate. He just wants whatever happens that the Town is not burdened and asked Council to please beverycautious. Cashing outofthis building would bethe best way to reduce the debt on Town Hall and other options are available to use the money for. Stephanie Lukowski the local paleontologist spoke to being the interim Executive Director of Snowmass Discovery with the resignation of Tom Cardamom as of October 31, 2017. She also spoke to programming and working with other non-profits lo make this Building 6 space work. Staff will report back to Town Council on December 4, 2017 and Town Council would like to also discuss the option to sell Building 6. Council Member Sirkus also brought up the option of the windows and that decision must be made in the next week and a half. The ordinaldesign was completely a solid wall and East West provided another drawing with windows to opening the space. Clint Kinney Town Manager will follow up with East West to review the window package and report back to the Town Council. B, DISCUSSION ON FUTURE DRAFT AGENDA ITEMS Clint Kinney, Town Manager stated that all those items list on the draft agenda for Monday, November 20th will be moved to the December 4, 2O'17 meeting and the November 20th meeting will be cancelled due to lack of quorum. 5) POLTCY /LEGIS LATIVE PUBLIC HEARINGS 138 139 140 141 742 143 144 A. PUBLIC HEARING - TOWN OF SNOWI\,4ASS VILLAGE RoAD I\,ILL LEVY FUND FOR THE YEAR OF 2018 Mayor Butler opened the Public Hearing for the Road Mi Levy Fund for the year of 2018. Anne Martens, Public Works Director, stated this agenda item is to reieive public comment on the proposed project list for the 2018 road improvement projects pursuant to Section 4-'14 of the Town of Snowmass Village Municipal Code. She noted the proposed 2018 Road Fund Projects include: 1) Stellar Lane 2) Meadow Road 3) Brush 145 146 147 148 149 12-04-17 TC Packet Page 12 of 223 12 150 151 752 153 154 155 156 157 158 159 B. PUBLIC HEARING - RESOLUTION NO, 40. SERIES OF 20,I7 - A RESOLUTION SUI\,II\,ARIZING EXPENDITURES AND REVENUES FOR THE TOWN OF SNOWMASS VILLAGE AND ADOPTING A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2018 AND ENDING ON THE LAST DAY OF DECEIV]BER 2018 AND APPROPRIATING SUMS OF MONEY TO ALL FUNDS FOR THE 2018 BUDGET YEAR 11-06-17 rC Minutes Page 5 of 6 Creek Road - Sinclair to Meadow Road 4) Carriage Way (Wood Road to Tree House - Crack Filling and Concrete Sealing). There being no comments from the Public, Mayor Butler closed the Public Hearing at this time. Mayor Butler opened the Public Hearing for Resolution No.40, Series of2017 adopting the 2018 Budget. Marianne Rakowski, Finance Director stated that per the Home Rule Charter, the Town Manager shall submit to the Town Council the proposed budget and capitol program for the fiscalyear commencing January 1 with an accompanying budget message. The Budget was introduced to the Town Council on October 2, 2017 and reviewed in depth on October9, 12and16,2017. Pet lhe Home Rule Charter, a public hearing and a resolution are required to adopt the budget and appropriate funds for 2018. Tom Goode made the motion to approve Resolution No. 40, Series of 2017 as amended by removing the place holder of one million dollars for Building 6. Bob Sirkus seconded the motion. The motion was approved by a vote of 4 in favor to 1 opposed. Council Member Madsen opposed. Voling Aye: Markey Butler, Alyssa Shenk, Bob Sirkus, and Tom Goode Voting Nay: Bill Madsen N IL REPORTS AND A TI N 150 151 162 163 164 165 166 167 168 169 110 117 112 113 114 115 175 177 178 779 180 181 t82 183 184 185 186 r87 188 189 190 191 Council Member Sirkus attended the NWCOG meeting for Council Member Shenk, he reported that he asked NWCOG how many people from Snowmass Village participate in their programs. Sirkus asked thata discussion on howtogetmore information outto Snowmass Village residenls regarding the opportunities that NWCOG offers, he would like it to be on a future Work Session. He also spoke to the bill being presented to the legislators in January for the ANS program at Ruedi Reservoir. Council Member Madsen thanked everyone on the Council for the support on the lce Rink. Madsen also noted that the Nordic Council is offering more trails with multiple uses coming for the upcoming year and will make a better experience for all users of the Nordic Trails. Council Member Goode reported on the C.O.R.E. board meeting and they approved a 12-04-17 TC Packet Page 13 of 223 13 192 193 L94 195 195 197 198 199 11-06-17 rC Minutes Page 6 of 6 John Dresser, Town Attorney spoke to an email he forwarded to all Council Members regarding the Municipal Bond financing from Sam Mamet at the Colorado Municipal League and asked that they review the email. 8) ADJOURNMENT At 6:05 p.m. Tom Goode made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, November 6,2017. Bill Madsen seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Markey Butler, Bill Madsen, Alyssa Shenk, Bob Sirkus, and Tom Goode. Voting Nay: None. This set of minutes was approved at the Regular Meeting of the Snowmass Village Town Council on Monday, December 4, 20'17. 2t2 Submitted By, 200 201, 202 203 204 205 206 207 208 209 210 277 2L3 2L4 2L5 276 Rhonda B. Coxon, CMC Town Clerk 12-04-17 TC Packet Page 14 of223 budget and he also attending the ribbon cutting at the underpass in Basalt and they spoke to the ribbon cutting in Glenwood Springs at the Grand Avenue Bridge. 14 Town of Snowmass Village Agenda ltem Summa ry DATE OF MEETING December 4, 2017 AGENDA ITEM PRESENTED BY David Peckler, Transportation Director BACKGROUND The Aspen City Council, Pitkin County Commissioners and the Snowmass Village Town Council met together as the Elected Otlicials Transportation Committee ("EOTC") on October 19, 2017 . The proposed 201 I budget for the 7e-cent transit sales and use tax was approved by the EOTC at that meeting. The Resolution and five-year budget attachmenl are provided for your review. The Proposed 2018 budget summary: Total 2018 Net Revenues (after RFTA contribution) Total 201 8 Expendilures Annual Surplus (Def icit) Cumulative Surplus $2,539,308 $2,025,880 $ s13,428 $8,779,431 This budget includes lhe No-Fare service in the upper valley and additional regional service connecting Snowmass Village ("SV') and the BRT service along Highway 82 ("HWY 82) in the spring, summer and fall. During the hours of BRT service there will be '15 minute headways lrom SV to HWY 82. lbelieve this will greatly improve regional service to SV. The service improvement is proiected to cost $294,000 in 2018 and $305,800 in 2019. HalI of this cost, $147, 000 in 2018 and $152,900 in 2019, will be deducted from the SV area savings fund. ll the lunding continues to be deducted from the SV area savings funded and/or there are additional funding for proiects in the future, the capital available for the Mall regional transit projecl may not be fully replenished. 12-04-17 TC Packet Page 15 of223 Resolution #42, Series ol 2017 - Elected Officials Transportation Committee's Proposed 2018 Sales and Use Tax Budget. ln addition, the budgel includes: lunding tor a study ol the regional bus stalion design at the Mall in SV and a look at alternatives that could be easily implemented; a subsidy for 15 the purchase of electric buses; and design work for a variable message sign on HWy 82 to encourage use of the lntercept lot. FINANCIAL IMPACT: The budget as proposed has an annual surplus ol $513,428 and a cumulative balance ol $8,779,421 . APPLICABILIW TO COUNCIL GOALS & OBJECTIVES: The 1993 lntergovernmental Agreement specilied the approval process as Iollows: "The parties further agree that the amount of all expenditures and projects to be funded with revenues derived from the county-wide one half (1/2) cent sales and one half (1/2) cent use tax ... shall be agreed upon by all three parties in advance of any such expenditure and/or project as evidenced by a resolution duly adopted by governing bodies of each party." COUNCIL OPTIONS: 1 . Approve the resolution 2. Amend lhe Resolution 3. Deny the resolution STAFF RECOMMENDATION: Approve the resolution. At the October 19,2017 EOTC meeting all ol the parties approved the balanced budget. ATTACHMENTS: Resolution #42, Series ol 2017 wilh Budget Attachment 12-04-17 TC Packet Page 16of223 16 TOWN OF SNOWMASS VILLAGE RESOLUTION NO.42 SERIES OF 2017 A RESOLUTION OFTHE TOWN COUNCILOFTHE TOWN OF SNOWMASS VILLAGE, COLOBADO, APPROVING THE INITIAL 2018 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAX WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the Pitkin County Board of Counly Commissioners (the "Parties") have previously identified general elements ol lheir Comprehensive Valley Transportation Plan (the "Plan") which are eligible lorfunding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, by intergovemmental agreement dated Seplember 14, 1993, the Parties agreed: a. To conduct regular public meetings as the Elected Officials Transil Committee ('EOTC) to continue to refine and agree upon proposed projects and transportation elements consistent with or complimentary to the Plan; and b. That all expenditures and prolects to be lunded from the County-wide one-half cent transit sales and use tax shall be agreed upon by the Parties and evidenced by a resolution adopted by the goveming body of each party; and WHEREAS, at the EOTC meeting held on October 19,2017 , the Parties considered and approved lhe attached initial 2018 budget for the Pitkin County one-hall cent transit sales and use tax; and WHEHEAS, the Town of Snowmass Village Council now desires to ratify the budget approval given at the EOTC meeting by adoption of this resolution. NOW THEREFORE BE lT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, that the attached initial 2018 budget for the one-half cent transil sales and use tax is hereby approved as summarized below: Total 2018 Net Revenues (after RFTA contribution) $ 2,539,308 Total 2018 Expenditures 2,025,880 READ, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass Villag Council Member e, Colorado on lhe - of December, 2017, upon a motion made by , the second of Council Member , and upon a vote ol - in favor and - opposed. 12-04-17 TC Packet Page 17 of223 TOWN OF SNOWMASS VILLAGE 17 Markey Butler, Mayor APPROVED AS TO FORM John Dresser, Town Attomey ATTEST: Rhonda Coxan, Town Clerk 12-04-17 TC Packet Page 18 of 223 18 2018 EOTC BUDGET AND MULTI.YEAR PLAN EOTC Transit Project Funding 20t6 ao17 2ota 2019 2o2o ao21 2022 a) Pril. counly 12% ialesrd 133 610 1C2 320 a!0 ner 1z9o 3de3 r.,tund'.glo EoIc 5 7C9 000 1 485 m0 80 000 51068/3 !163 ?53 5 229 @A 5 529 0C! 1 048 298 1 142 @) 167 1 117692 1 r 5.4 095 1 576 0m1 438 t21 7515 1225@a il 000 1 530 @0 244 000 P lxrn Codlr 129i lse lar lnvestre.tFc@eE D'sc 1,0i5,!03 5 895 oOO a 17t N 6 087 0@ a 932 905 2 aaz 373 22U.114 2,639,!01 2.657,A8 2717,426 2a91692 3050095 EU!SUg!!ES A!!ehsJ.0Ps!!E!!!1) U.e r,rr colr€.ton 63t3 al137 *.247 azala 2) Admn'ir3bv! cosr da3rm t m.€tng co.t3 20 334 2a,491 2zfl0 3) C4nUy lm i.! plgm 6]l6q ol bu5 sroP .d.ry mP6vgmnt3 2 389 6,0@ 10oo4) X€.m6 !_.nin nbsdy 115000 1150@ rll.0oo 5) Btush C@r ht.@pr Lor o?.Enng o.r! 42213 30,@o tl,!00 6) ulh.! A!p..-S.*663iW@d, CE r bG 'aic.-tear@nd 621656 A15,76 alo.lSa7) WE{yd. o?.€0olr' ltt .rt 1001m l0o.0oo 8) Brurh C...r 8RI .o.r'.dirg r.taE - tFiE. runo- ftd (50% ircn S,lo''n.lr S.v) ,1r.@9) R€qbnar rB3pdlllon Pr.mr llqloa 43892 23391 6o@ 115 000 36.0@ 728.t 10 100 00 305.AD 166 rtOO 173 r00 180 00!187,200 45 209 24 093 6mo 115 @0 37.000 81633r a6 565 2{ 416 6@O 115.@0 3!,@0 8!9 000 11962 25 560 6,@O 115.@O 39.@O 843 m0 sub-tola o.9o'.9 / oPedon.432 731 9!J r,a2a.&0 1524594 1 216 7J3 i-5e 331 '-0]7 335 000 750 0@ Grand Ave B.dg. @.lltucnm - iratun mngd'o. llnd.g ress F.de6r Lands Ac.ess l0) 11) t7) 16) 19) 50,000 50,000 !00 0m 3 900 @0 g3fi€r) €l.crri. S!3 Prog.lh Snorvm.$ m.i b'ril .L!o. (,urd6d fom Snotvm.3! Vlllag. S.vii!. F!nd) Vanable ressge iqn o. H-y 6? ADsn CE6k Pa.t.nd Rrdr npovm.ntr (Fl P g.ri) (app@v.d 1040/16) 1 303 7232 A9t 1 t6 733 1 EOTC ANNUAT 38r 701 655 98,1 (12C7,296) !693 1632 311 1012712017 18 EOTC 12-04-17 TC Packet Page 19 of223 PAGE 1 276057 70 000 373 IA1 137 911 19 2018 EOTC BUDGET AND MULTI.YEAR PLAN PAGE 2 18 EOTC Actual 20'16 aqrget q estimate 2017 Budget 2018 Plan 2019 Plan 2020 Plan 2021 Plan 2022 35% "t 6vo 0 85% 24% -14 9% o9% 2.4% 11.jv: 1,5v. 3 25% 30% 2 70,4 3 25% 30% 30%rale a) sa,esrar b) use lax 3 25'( 30% 3 25% 3rA 1 ,|I 250.5r0 75r.531 wtrl raslored to 1 1 1 1t7,il7 (278,t99)2504 to Smwmess Vifiag€ remaroder lo Srylnos Fund for orr.l.r Snowrlss vill.oo Aru! plus share of annual surplus less 50o/o of Brush Creek BRT connec'trng srvr@ 224.911 250 5t0 177,607 (147,000) lqo,oool (278.599) (152.900) 382.673 224.611 less Snowmass mall ransrt stop Savinqs Fund tor qrealor Snomass Villaqe Area {36,228,7E7 max}5,82r.885 6 072.395 6,05!,m2 5,621.503 6.004.176 S.r2S.rS7 622s. plus share ol ilnual surplus plus r€imbu6emef,t ot advare to capdal pod l€ss Rubey Part tundsd hm Aspen Sevrngs fi4,4n I 10.255 (376,995) 17$.572 funded fromlesscell 751.531 632,121 (835.797) I 148,@0 1.407,700 10Q7t2017 12-04-17 TC Packet Page 20 of 223 20 Town of Snowmass Village Agenda ltem Summary Agenda ltem: RESOLUTION NO.41, SERIES OF 2017: A RESoLUTION ACTING ON APPLICANT'S REQUESTED WAIVERS OF CERTAIN OATA AND/OR MATERIAL SUBMISSION REQUIREMENTS IN THE MUNICIPAL CODE PERTAINING TO THE PROPOSED PRELIMINARY PLAN PLANNED UNIT DEVELOPMENT (PUD) AND INITIAL ZONING TO'EST'APPLICATIONS ASSOCIATED WITH THE POPE ANNEXATIO Presented B Jim Wahlstrom enror lanner AICP/MPCD BacLgr ound: On September 22,2017, the Lois B. Pope Revocable Trust dated March 29, 2007 (the "Applicant") submitted to the Town a Preliminary Plan PUD and an lnitial Zoning to 'EST' applications for review and processing. The applications also requested waivers of certain required application submission items by the municipal code. After the Town Community Development Department finished its review of the appticalion materials for completeness purposes, there were a few addilional items requested from staff lo assist in delermining the application complete, following Town Council's consideralion of the applicant's requested submission item waivers. The reason behind the consideration of these waiver requests is to determine if the applications are complete for the purposes of beginning the process of formal referral and the evaluation review pursuant to Sections l64-5-340 (in particular subseclions (b) and (cX2)), and 16a-5-50(a), 'Determination of completeness,' of the municipal code. The Applicant's requested waivers from various submission requirements stem from the fact that the property and existing development on the site already went through a land use evaluation, and 1M1 hazard review and a building permit process at the County level. The residence and improvements on the site have existed since 2001 . However, the Applicant seeks certain modifications or varialions from the development paramelers previousty approved by the county or its underlying RS-30 zone dislrict as well as the proposed 'EST' initial zoning district pursuant to the Town of Snowmass Village's municipal code. These differences will be further explained and evaluated during the course of the subsequent review process, including the compatibility or consistency of the proposed development standards against the adjacent wildcat Ranch PUD. Page I of 3 December 4. 2017 12-04-17 TC Packet Page 21 of 223 21 Waiver of Municipal Code provisions: Municipal Code Section 16A-5-50(a)(1) states: "fhe Town Council, upon the recommendation of the Planning Director, may authoize lhe waiver and/or deferral ot the requirement to submit ceftain application items if determined that they are not necessary to commence review of the application. The municipal code under Section 16A-5-3a0(c)(2)e3, 'Block model,'states: "fhe Planning Director may accept computer-generated three-dimensional or other visual imagery in place of the block model if it is felt that it would better aid the public and reviewing bodies to visually understand the spatial, rnass, sca/e and visual retationships of the development to sunounding propedies. A model may still be required during the course of the review process if determined necessary fo adequately evaluate the d eve lo p m e nt p ro po s al.' Since the completeness review, the Applicant supplied the requesled past building permil floor plans and elevation drawings together with photos. Staff finds that these items should sufficiently substitule for a block model, in parlicular that no new development or expansion of the exisling conditions (other than proposed new uses) are proposed at this time within a list of proposed development parameters. However, the block model is only one subset of the required 'Architectural Plans,' and the Applicant seeks a waiver from these other drawings, considering that no new development or expansion is proposed at this time. The Planning Director finds lhis waiver requesl to be reasonable, in particular that no new development or expansion of the existing conditions (other than proposed new uses) are proposed at this time within a list of proposed development parameters. Nonetheless, the Applicant seeks a waiver from a TIA with the same considerations. Page 2 of 3 12-04-17 TC Packet Page 22 of 223 ln addition, the municipal code under Section 16A-5-340(c)(2)o, 'Transportation impact analysis,' states: "Ihe Planning Director may, however, waive this requirement for proposed development that contains /ess than five (5) dwelling unlls, or /ess than two thousand (2,000) square feet of nonresidential space, or an addition to a ski area if it is determined that the transpoftation impacts generated by the development are negligible and that requiing a detailed analysis is not wananted." Applicant s Waiver Requesls The Applicant requests waivers from the following Preliminary Plan submission requirements outlined in the municipal code, including the associated 'Review lntenl and lssues' queslions that decision makers should consider. This list is generally consistent with lhe prior Pre-Annexalion agreemenl executed August 3 1 , 2016. i Architectural Plans ); Landscaping and Open Space drawings i Grading and Drainage plans i Proposed Development plans )- Fiscal lmpact report ; Solid Waste Disposal plan ), Energy Conservalion Plan i Open Space Map 22 i Water Supply and Sewage Disposal> Transportation lmpact Analysisi Air Quality Analysis; Geologic report > WiHlife Habitat analysisi- Construction Managemenl Plan ;- Adequate Facilities report ATTACHMENT 1: Town Council Resolution 41 , Series of 2017 with Exhibit 'A' attached which is the applicant's updated list of waiver request items submitted for the Preliminary Plan application. Page 3 of 3 12-04-17 TC Packet Financral lmpact: There is no town liscal impact associated with this applicalion at this time, considering the Applicant's requesled waiver of the fiscal impact analysis. Pursuant to Town Council Resolution No. 30, Series of 2016, lhe prior Pre-Annexation agreement was executed on August 31 , 2016. The Petitioner for annexalion previously agreed to off- set any police, access lo other services and affordable housing mitigation by paying to the Town al the time of final annexation $250,000.00 to offset any financial impacts regarding the annexation of the property. ln the end, the burden of proof should be placed upon the applicant to justify their proposal and to demonstrate compliance wilh the code's review standards. Applicability to Council Goals & Objectives: Not applicable for this item. Cou ncil Options: Town Council may approve, approve with conditions or deny the request for the waivers, pursuant to atlached Resolulion No. 4, Series of 2017, which may be amended at the meeting. Staff Recommendation: Considering the relatively minor nature of the proposed applications and limited impacts of the proposed annexation request, staff recommends that the Applicant's requested waiver ilems may be granted considering lhal no new development and expansion of the existing improvements is proposed (other than the proposed new uses, subject to evaluation). Applications for subsequent condilional uses or for permits on allowed uses will require certain submissions items for review later. Any waiver requests that are granted should be subject to Town Council reserving the right to require that any materials initially waived or deferred may be required to be submitted by the applicant at any time during the review process if needed to evaluate the applicant's proposal and the impacts on the applications as a whole. This language has been added to Resolution No. 4'l , Series ol 2017 , included as Attachmenl 1 . Page 23 of 223 23 I 1 J 4 5 6 7 8 9 l0 lt t2 t3 l4 l5 l6 t7 l8 l9 20 2l 72 25 24 25 26 27 28 29 l0 3l 32 33 34 35 36 37 38 39 ,10 1t 12 43 14 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION No.41 SERIES OF 2017 A RESOLUTION ACTING ON APPLICANT'S REQUESTED WAIVERS OF CERTAIN DATA AND/OR MATERIAL SUBMISSION REQUIREMENTS IN THE MUNICIPAL CODE PERTAINING TOTHE PROPOSED PRELIiJIINARY PLAN AND INITIAL ZONING TO 'EST' APPLICATIONS ASSOCIATEO wlTH THE POPE ANNEXATION. WHEREAS, the Lois B. Pope Revocable Trust dated March 29, 2007 (the "Applicanl') submitled to the Town on September 22,2017, a Preliminary Plan PUD and lnitial Zoning to 'EST' applications to the Town for review and processing that also requested waivers of certain required applicalion submission items by the municipal code; and WHEREAS, on October 5, 2017, the Town's Community Development Department issued compleleness review comments to the Applicant that determined the application was incomplete and insufficient for formal referral and an evaluation review, mostly as a result of lhe requested waivers of certain Preliminary Plan submission items required by the municipal code as well as the need for existing conditions and architectural type information requested for review purposes; and WHEREAS, the reason behind the consideration of these waiver requests is to delermine if the applications are complete for the purposes of beginning lhe process of formal referral and the evaluation revlew pursuant to Sections 16A-5-340 (in particular subsections (b) and (c)(2)), and l6a-5-50(a), 'Determination of completeness,' in the municipal code. WHEREAS, on November 6, 2017, the Applicant resubmitted supplemental application information in response to the Town staff s completion review comments, as further updated or supplemented on November 11 and 22,2017 as described in attachment Exhibit 'A" incorporated herein; and WHEREAS, Municipal Code Section 16A-5-340(cX2)(e), 'Block model,' slates, "The Planning Director may accept computer-generated three-dimensional or other visual imagery in place of the block model it it is felt that it would better aid the public and reviewing bodles lo visually understand the spatial, mass, sca/e and visual relationships of the development to surrounding propedies. A model may still be required during the course of the review process if determined necessary to adequately evaluate the development proposal.' The Planning Director has determined that the submitted photography of the existing residence togetherwith the 12-04-17 TC Packet Page 24 of 223 24 45 46 47 48 49 50 5l 52 53 54 55 56 57 58 59 60 6I 62 63 64 65 66 67 68 69 70 7t 72 74 75 76 77 78 79 80 8l 82 8l 84 85 E6 87 Attachment 'l to Staff R.port dated Decombsr 4, 2017 TC Resolution 41,2017 Page 2 o, 4 found building permit building elevations of the home would better serve the review process and is in favor of waiving the 3-D block model requirement, as permifled under the municipal code, and as also requested for a waiver of 'Architectural Plans' by the Applicant; and WHEREAS, Municipal Code Section 16A-5-50(a)(1 ),'Transportation impact analysis,' states ,"All development proposals shall analyze the impact of the proposal on the Town's transpoiation system, road capacities and parking facilirles. " Further, lhe code states: 'Ihe Planning Director may, however, waive this requircment for proposed development that contains /ess than five (5) dwelling units, or less than two thousand (2,000) square feet of non-residential space,...if it is determined that the transpo ation impacts generated by the development are negligible and that requiing a detailed analysis is not warranted." The Planning Director has determined the home was built 16 years ago in 2001 and that the lone residence meets these code thresholds. lt is recommended that a kansportalion impact analysis is not needed for the review of the applications, as permitted under the municipal code, and as also requested for a waiver of the TIA by the Applicant; and WHEREAS, Municipal Code Section 16A-5-50(aX1) further states, 'Ihe authoization of the waiver or defenal request by the Town Council shall occur by adopting a resolution at a regularly scheduled moeting and shall reserve the rightfor the Town to require lhat any material initiaily waived or defened may be required to be submitted by the applicant at any time during the review process if needed to evaluate the applicant's proposafi and WHEREAS, the waiver requests by the Applicant were scheduled for consideration by the Town Council at its regular meeting on December 4, 2017. NOW, THEREFORE, BE lT RESOLVED, bythe Town Councilof the Town of Snowmass Village, as follows: Section One: Action. Submission Requirements involvinq Waivers. 12-04-17 TC Packet Waivers: The Architectural Plans (or new versions for development other than lhose that exist of the current structure), Landscaping and Open Space plans, Open Space Map, Grading and Drainage, Proposed Development, a Fiscal lmpact Report, Solid Waste Disposal Plan, Energy Conservation Plan, Open Space Map, Water Supply and Sewage Disposal, Transportation lmpact and Analysis, Air Quality Analysis, Geologic Report, Wildlife Habitat Analysis, Construction Managemenl Plan, and an Adequate Public Facilities Report, may be waived, as requested in the application materials formally submitted September 22, 2017 and as updated November 22, 2017 as described in attachment Exhibit 'A' incorporated herein. 1 Page 25 of 223 25 88 89 90 9l 92 93 94 95 96 97 98 99 100 l0l 102 103 t04 105 106 t07 t08 109 il0ill n2 ll3 ll4 ll5 ll6 |7 ll8 lt9 tz0 tzt 122 123 124 125 t26 t27 r28 t29 t30 Attachment I to Staff Reporl datsd Oecember 4, 2017 TC Resolution 41, 2017 Page 3 of 4 The waivers of certain Preliminary Plan submission requirements requested by the Applicant, as accepted as stated above, are hereby conditionally approved, as set forth below in Section Two, within the meaning of Municipal Code Section 16A-5-50(a)(l ). Section Two: Conditions of Requested Waivers. The approval of this Resolution shall be subject to lhe Applicant satisfying the following Conditions: The Town Council reserves the right to require that any materials initially waived in Section One of this Resolution may be required to be submitted by the applicant at any time during the review process if needed to evaluate the applicant's proposaland the impacts on the proposed applicalions as a whole. Such determinalion by the Town Council shall occur in accordance with the procedure set forth in of Section 16A-5-50(a)(1 ) of the Municipal Code. Section ThreE: Severability. lf any provision of this Resolution or applicalion hereof to any person or circumstance is held invalid, the invalidity shall nol 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. ATTEST: Rhonda B. Coxon, Town Clerk APPROVEO AS TO FORM: ) 1 Page 26 of223 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL Markey Butler, Mayor READ, APPROVED ANO ADOPTEO, by the Town Council of the Town of Snowmass Village on December 4,2017 upon a motion by Council Member the second of Council Member _, and upon a vote of _ in favor and _ against. 12-04-17 TC Packet 26 t3t 132 133 134 t35 t36 t37 138 r39 Attachment I to Staff Report daled December 4, 2017 TC Resolution 41, 2017 Page 4 ot 4 John C. Dresser, Jr., Town Attorney Attachments: Exhibit'A.' Applicant's Updated Municipal Code Waivers Requested received on November 22, 2017. 12-04-17 TC Packet Page 27 of223 27 Municipal Code Waivers Requested Section Requirement Reason for Waiver Architectural Plans A Single Family Oetached Dwelling has been constructed on the Property within the Developmenl Activity Envelope as depicted on the construction architectural plans approved by Pitkin County. The Single Family Detached Swelling received issued a Certificate of Occupancy upon completion. 16A-s-3a0(c)(2)(f)Landscaping and Open Space Pitkin County analyzed landscaping and open space in approving the Pitkin County Approvals. The proposed PUD Guide includes the requiremenl thal native vegetation be maintained whenever possible. All landscaping has been installed and revegetation has been completed. 16A-5-340(cX2Xn)Grading and Drainage A Single Family Detached Dwelling has been constructed on the Property within the Development Activity Envelope. The siting of the Development Activity Envelope was analyzed by Pitkin County in the 1041 process in approving the Pitkin County Approvals. No change to lhe topography of the Property, drainage patterns or further grading is contemplated. 16A-s-3a0(cX2Xb)(2)Proposed Development A Single Family Detached Dwelling currently exists on the Property withina Pitkin County approved Development Activity Envelope. No further development is proposed other than accessory uses. 16A-s-340(cX2)(g)Fiscal lmpact Report There will be no fiscal impacls placed upon the Town as a result of annexation of the Property and the existence of the Single Family 12-04-17 TC Packet Page 28 of223 EXHIBIT ''A'' Town Council Resolution No,4l, 2017 Page I of4 16A-s-3a0(c)(2Xe) 28 EXHIBIT ''A'' Town Council Resolution No. 41, 2017 Page 2 of 4Municipal Code Waivers Requested Page 2 Detached Dwelling beyond those that currently exist. The Property will contribute general property tax and real estate transfer tax to the Town. To offset any possible impact, an annexation impact fee will be paid by the Applicant. Annual property taxes will be paid and upon the sale of the Property, real estale transfer tax will be paid. 16A-s-3a0(c)(2)(h)Solid Waste Disposal Plan Solid waste created by the Single Family Detached Dwelling will be no greater lhan similar residences in lhe EST zone district. The Property currently contracls for solid waste removal and il is not anticipated that Town solid waste removal services will be utilized. 16A-s-340(c)(2Xi)Energy Conservation Plan Pitkin County analyzed energy conservation in conjunclion with the review of the building permit for the construction of the Single Family Detached Dwelling, A Certificate of Occupancy was issued by Pitkin County confirming the compliance with the Pitkin County energy conservation standards. Any future renovation or addition will comply with the Municipal Code requirements on energy conservation. 164-s-340(c)(2)(k)Open Space Map All area on the Property that is unimproved within and outside of lhe Development Activity Envelope is open space being approximately ninety-nine percent of the Property. 16A-5-3a0(c)(2)(m)Pitkin County analyzed the requirement for necessary facilities for polable waler and sanitary sewer. Well and septic systems have been 12-04-17 TC Packet Water Supply and Sewage Disposal Page 29 of 223 29 EXHIBIT ''A'' Town Council Resolution No. 41, 2017 Page 3 of4 installed and are operational. lrrigation waler is supplied by the well and by a raw water irrigation system thal serves the Subdivision. Transporlalion lmpact Analysis Pitkin County analyzed transportation impacts and an impact fee was required by the Pitkin County Approvals to be paid to the Town. The Town reviewed and approved access to the Property by Resolution No. 37, Series of 1989. The impact fee was calculated by the Town and payment was of the impact fee was made to the Town. 16A-s-340(cX2Xp)Air Ouality Analysis 16A-5-340(cX2Xq)Geologic Report Pitkin County analyzed natural hazard areas in its 1041 process in approving the Pitkin County Approvals. The1041 process established the Development Activity Envelope in an area thal avoids an hazard areas. A 12-04-17 TC Packet Page 30 of 223 Municipal Code Waivers Requested. Page 3 164-5-340(cX2)(o) Pilkin County analyzed air quality in conjunction with the review of lhe building permit for the construclion of the Single Family Detached Dwelling.A Certificate of Occupancy was issued by Pitkin County confirming the compliance with the Pitkin County air quality standards. The impact of the Single Family Detached Dwelling on the Property is no greater than any other Single Family Detached Dwelling in the EST zone district. The Property contains less than 5 dwelling units and a waiver of this requirement is authorized by thisSeclion by the Community Development Director as there will be only one Single Family Detached Dwelling. 30 EXHIBIT ''A'' Town Council Resolution No.41,2017 Page 4 of 4 soils report was obtained regarding the conskuction of the Single Family Detached Dwelling. 16A-5-340(cX2)(s)Wildlife Habit Analysis Pitkin County analyzed natural resource and wildlife habital areas in its 1041 process in approving the County Approvals and establishing the Development Aclivity Envelope. 164-5-340(cX2Xt) 16A-s-340(cX2Xu)Adequate Public Facilities Report Pitkin County analyzed the requirement for necessary facilities for potable water and sanitary sewer. Polable water, provided by a well and sanitary sewer facilities are installed and operational. Additionally, a raw water irrigation system is installed and operational to irrigate landscaping and a paslure. No additional public services or facililies are required to service the Property. 12-04-17 TC Packet Page 31 of 223 Municipal Code Waivers Requested. Page 4 Conskuction Management Plan Pilkin County reviewed a Construclion Management Plan in conjunction wilh the review of the building permit application. The construction of the Single Family Detached Dwelling is completed and the access road and driveway have both been installed. No construclion activilies are currently contemplated that would require a construclion management plan. 31 Town of Snowmass Village December 4, 2017 Agenda ltem: CONTINUATION OF PUBLIC HEARING REGARDING MAJOR PUD AMENDMENT PRELIMINARY PLAN APPLICATION INVOLVING THE ENCLAVE. Presented By: Jim Wahlstrom, Senior Planner AICP/MPCD Backgrou nd: At the prior public hearing continuance on November 6 , 2017 , lhe Town Council accepted the Enclave's Amendment package dated October 30,2017 lor ongoing review and did not refer or remand the Amendment back to the Planning Commission for review. The Amendment entailed a series of addendums and revisions to the initial application, as well as prior supplemental packages submitted during the Planning Commission review, relative to the addition ol a 'for-sale' employee unit rather than the previously proposed restricted free-market 'residenl-occupied' unit during the Planning Commission action on its recommending resolulion on August 16,2017. As a means of reference, below again is a synopsis of the proposal utilizing various land use tools and measures to better gauge the proposal together wilh the redlined, highlighted changes incorporating the additional 822 square foot 'lor-sale' employee unit. Page 1 of 7 Comparison Matrix Enclave Major PUD Amendment Preliminary Plan application With Amendment of Added 'For-Sale' Employee Unit Category Existing Conditions Proposed Conditions Diflerence Site Area 4.05 acres; 176,597 sq. tl Same No Change Total Free-Market Dwelling Units 39 DU Free-Market Site Density 9.63 DU/ac 1 1.11 DU/ac +1.48 DU/ac.; +15.4ok Page 32 of 223 Town Council Agenda ltem Summary 45 DU +6 DU; +15.47" 12-04-17 TC Packet 32 Total Unit Equivalents 27 .42 UE 37.03 UE +9.61 UE; +37.37" Employee Units 4 units; 2,650 sq. ,t. (1,014 sq. tl. required) +3 units; + l ,850 sq. ft. (+1,636 sq. ft. over requirement) 53 (per approvals) 47 existing (per application) +27: +53o/" Total Floor Area 67,983 sq. ft 89,366 sq. lt +21 ,383 sq. ft.; +31.soh Floor Area Ratio 0.385:1 +0.121:1; +31.4o/" Building Coverage Area (above-grade structures) 'L2 acres; 52,272 sq. lt.i 29.630/" 1.86 acres; 81 ,040 sq. ft.; 45.90/o +0.66 acre: +28,768 sq. tt.; +55"/o (new building pods, parking slructure / tacilities / carporl, new arrival buildinq) Open Space 2.58 acres; 'I 12,385 sq. ft. 63.7 v" -0.39 acres; 16,828 sq. ft.; -9.6% The most advantageous change is the increase in employee housing square rootage which is above the mitigation requirement, which incorporates a redevelopmenl credit This should assist lhe Applicant in providing community purposes for iustifying the variations proposed, subject to Council's acceptance, Another change involves an increase in parking by two spots within the same parking area. Also the Amendment would decrease the unit equivalency for the free-market units as the end unil on the lower level was reduced in size despite an increase by approximately 300 square feet per unit on the upper level east side, by enclosing the prior upper deck spaces of the proposed building addition. The building coverage, hard surface areas and the open space areas remain the same under the proposed Amendment. Supplemental Addendums and Amendments: During the course of the Planning Commission review, the applicant submitted live supplemental addendums primarily in response to the town staff, referral agencies and Planning Commission comments. These Supplemental Addendums were summarized in the last report and won't be repeated here. Another one was submitted on October 5, 2017 during the course ol the Town Council review to address Town Engineer comments dated September 25,2017 on the drainage report. Town Council Options PaEe 2 of 7 Page 33 of 223 l unit; 800 sq. tt. Parking spaces 74 0.506:1 2.19 acres; 95,557 sq. ft.; 54.'110 12-04-17 TC Packet 33 The Town Council has the option o, reviewing any aspects ol lhe application as they determine necessary. However, the Planning Commission had the opportunity to review the application and provided findings and recommendations as more specifically addressed in Resolution No. 5, Series of 2017 (Attachmenl 2), relative to the tollowing topics: o the view impacts;o the proposed variations; o employee housing provisions; o parking requirements / arrangement / provisions; o traffic issues; o alternative transportation modes; o walkway connections (also relative the civil plans); o planting design; o the re-zoning to "MF"; o any relative Comprehensive Plan policies; o sign elements; and o Community Purpose offerings Staff Recommendations: ln summary, town stafl is in favor of the proposed proiect at the Preliminary Plan level with the exception ol the applicant addressing acceptable mitigation trealments in order to demonstrate compliance with the municipal code's review slandards. Staff finds. afler reviewinq the application materials (as well as the Amendment), that the core issues lhal Town Counqil should primarilv cedql on are theqe topics: a) The etlects ol view impacts to and from surrounding areas and the acceplable mitigation thereof (including addressing Code Seclion 16A-4-340(c)(5) 'Views'); b) The adequacy of public facilities, in particular safe and convenient pedestrian connectivity; and c) Adequacy ol Community Purpose oflerings for the proposed variations being sought. Should the Town Council complete their discussion on the topics above, it would then be appropriale to direct staff to draft a resolution using the following framework: ', Zone District Standards. 1. Make a finding thal the existing and proposed development meets the development parameter in the proposed underlying 'MF' zone dislrict. 2. Make a linding that the board room and the future conference space of approximately 190 and 625 square feet in size, respectively, in the new Arrival Building be considered ancillary or accessory uses and not be considered a "conference lacility''which is prohibited by the underlying ,MF, zone district. Page 3 of 7 12-04-17 TC Packet Page 34 of223 34 3. Delermine that the orange colored proposed setback line of 10 {eet from the east property line and Wood Road may be considered as an acceptable parameter. Buildout and Variations. 1. Make a finding and/or recommendation that the Community Purposes proposed for the buildout and setback variations may or might not be sufficient. Building Design. 1. That outside of the view impacts, make a finding that the building additions are integrated well into the site, complement natural landforms, generally fulfill the mass and scale requiremenls, incorporate building materials to malch the exisling treatment, and incorporate the proper climate/solar orientation. Vaew tmpacts. 1. Make a finding that the three-pod building addition would encounter view impacts upon adjacent properties but that such views might not be adversely impacted by such additions or affect long distance down valley views; 2. Require that the applicant further mitigate the view impacts by enacting the lowering by up to approximately Jive feel the building pod addition pursuant to the First Supplemental Addendum dated June 14,2017 and capping overall height to elevation 8493 (pursuant to Supplemental Addendum No. 2 daled June 14, 2017, shown on Town's web page). Energy Conservation. 1. Make a finding as to whether the building addilions will have any significance regarding shadow impacls and that the new units are oriented lo take advantage ol solar gain and are planned to meet energy efficiency standards under the new building codes (pursuanl to Supplemental Addendum No. 2 dated June '14, 2017 , shown on Town's web page). Restricted Housing. 1. Make a finding that the employee housing provided meets and exceeds the restricled housing requiremenl for the redevelopment proposal and that the Amendment for the additional 822 square foot 'for-sale' employee housing unit could be otfered as enhancing the communily purpose offerings per lhe code. 2. That a draft Reslricted Housing Agreemenl be submitted by the Applicant with the Final PUD (if Applicant given permission to proceed) to include: a) similar provisions as in olher recenl developments; b) a requirement for an annual PaBe 4 of 7 Page 35 of 223 - Land Use Policies. 1. Make a finding thal there is consistency with the Comprehensive Plan policies provided the code provisions for any variations are met. 12-04-17 TC Packet 35 report to the Town's Housing Oflice; c) renlal rates and sales pricing as delermined by the Town Council by current rental rates and sale prices of comparable restricted units within the Town; d) purchase and sale agreemenl provisions; and e) timing provisions such as the free-market units in the new building pod addition on lhe Enclave site not receiving a Certificate of Occupancy and/or being rented or sold to a third party or purchaser until the restricled employee housing units (rentals and'for-sale') have been issued a building permit, are under subslantial conslruction and/or have received a Certificate of Occupancy. These items could be further addressed during the Final PUD stage. Planting Plan. 1. Bequire that the submitted tree removal and mitigation plans that address any removed lrees be implemented (reference the Supplemental Addendum No. 3 dated August 10,2017 shown on the Town's web page). 2. Require thal the enlire Wood Road lrontage be signilicantly enhanced wilh a high-quality, dense landscape bufter integrated with a sidewalk, on or around the time the new upper Wood Road improvements are installed. Drainage and Natural Hazards. 1. Require that the detailed drainage report Addendum No. 5 submission received on October 5, 2017 (acceptable to the Town Engineer on October 10,2017 - See Atlachment'B') be followed. (Note: The environmental comments were sufficiently address for preliminary plan review via lhe Supplemental Addendum dated August 10,2017). 2. Require thal the Applicant lollow the soils and geotechnical report recommendalions. 3. Require thal a discharge and a dewatering permit be provided il required by the State. Parking. 1. Make a finding that the increase in off-street parking is still below the town's parking standards but thal it improves the pa*ing amount ratio per unil and that it should be permissible under the code's alternative parking plan provisions. 2. Require that at minimum six parking spaces be marked on the parking plan, reserved and signed for the currently proposed six bedrooms in the employee housing units. Transportation. 1. Require that an eight-foot wide sidewalk be installed along the entire Wood Road frontage as a convenience to the urbanized neighboring community and for the Enclave residences/guests, to ressen the desir! tor veiicurar usaie and to mitigate the increased need for parking on the site. Page 5 of 7 12-04-17 TC Packet Page 36 of 223 36 2. Require that the bus stop areas align on Wood Road, which was accommodaled by the Applicant with the supplemental addendum submissions and that the Applicant granl a general multi-use easemenl behind the bus shelter for construction, utility, drainage and similar other USES. Civil Plans. 1. Require that the Applicant implement lhe accepted detailed drainage report solutions per the Addendum No. 5 submission on October 5, 2017 as agreed upon by lhe Town Engineer. 2. Require that any civil plans along Wood Road be consistent with the Base Village civil plans as has been addressed wilh lhe supplemental addendums. 3. Bequire that applicant sufficiently and satisfactorily address the conditions in the Snowmass Water and Sanitation Dislricl's will-serve letter, regarding lhe relocation of lhe sewer line. 4. Require a Subdivision lmprovements Agreement to be submitted with lhe Final PUD. Air Quality. 1. Make a finding that a sidewalk along Wood Road would assisl in reducing air impacts. 2. Require that a Fugitive Dust Control Plan be provided with the CMP al lime of Final PUD. 3. Require that the applicant address the garage exhausl syslem and information on a proposed air exchange system, which further details could be provided with a Final PUD CMP and subsequent building permit applications. chments to th is Cover Memo randum:Atta ATTACHMENT 1: signed rown councit Resolution No. 23, series of 2017 (Direction items to planning Commission dated April 3,2017); ATTACHMENT 2: signed Pranning commission Resorution No. 5, series or 2017, acted upon on August 16, 201 7; and 12-04-17 TC Packet Construction. 1. Require that the Applicanl address the impacts and miligation of any anticipated conslruction phasing, staging areas, storage of malerials, and the timing for construction of the private or any public improvements, including a plan for resloralion ol disturbed areas (with the CMP drawings al the lime ol Final PUD). 2. That Applicant should address and implement an updaled solid waste disposal method for the construction plan as well as permanen y for the new site improvements (lhe latter that was better addressed wilh a supplemental addendum). Page 6 of 7 Page 37 of223 37 ATTACHMENT 3: Staff Reporl Analysis (modi{ied to address the Amendment eflects) together with ils referenced Attachments, including: Attachment A: Evaluation Beview Comments received, including Town Engineer commenls dated October 10, 2017; and Aftachment B: Public Commenls received and addressed to Town Council including recent objection letlers (together with a few addressed to Planning Commission that did not resubmit letters addressed to the Town Council). Previous Backqround lnformation: ,- Application Materials deemed complele on February 28,2017 for referral and review after the initial submission on November 29,2017; ; Supplemental Addendum No. 1 dated June 14, 2017 (revision of building heights); i Supplemental Addendum No.2 ol June 19,2017 (1st update of civil drainage plans); i Supplemental Addendum No. 3 ol August 10, 2017 (updated landscape plans, easements, solid waste plan, environmental quality replies); and z Supplemental Addendum No. 4 dated August 16, 2017 (znd updale o, the civil and drainage plan package). . Supplemental Addendum No. 5 dated October 5, 2017 (3'd updale ol lhe civil and drainage plan package). ; Amendment dated October 30, 2017 proposing an additional 822 square loot two- bedroom 'for-sale' employee unit (1"tlevel only within building addition) in lieu of the prior proposed restricled 'RO' free-market unit lhat was presenled as an amendment by the Applicant at the August '16,2017 Planning Commission public hearing. PaEe 7 of 7 12-04-17 TC Packet Page 38 of 223 38 ATTACHMENT'I' Town Council Cover Memo TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION No.23 SERIES OF 2017 WHEREAS, on November 29,2016 the Enclave Association, lnc. formally submitted a Major PUD Amendment Preliminary Plan application which included requesled waivers and deferrals ot cerlain Preliminary Plan submission items required by the municipal code; and WHEREAS, on January 3, 2017 , Town Council Resolution No. 4, Series ol 2017, was passed granting waivers or delerrals ol certain municipal code application submission requirements with conditionsthat certain other required reports or studies be delivered to determine lhe application complete; and WHEREAS, the applicant resubmitted the application on February 8,2017, and lollowing updates to clarily the proposal, the application was deemed adequately complete lor a formal relenal and evaluation ol lhe proposal on March 2,2017 and WHEREAS, a ioint meeting o, the Planning Commission and the Town Council was scheduled on April 3, 2017 to hear a presentation of the applicalion by the applicant; and WHEREAS, pursuant to lhe municipal code and tollowing the joinl meeting or at the next regularly scheduled meeting, the Town Council shall identify the specilic componenls or project elements, areas ol the code or core issues for the Planning Commission's review of lhe Major PUD Amendmenl Preliminary Plan application involving the Enclave, as addressed in this resolulion. NOU THEREFORE, BE lT RESOLVED, by lhe Town Council of the Town of Snowmass Village, as follows: Section One: Aclion. Town Councll on. The Town Council directs lhe Planning Commission to begin locusing upon the following specific componenls or project elements, areas ol the code orcore issues: 12-04-17 TC Packet Page 39 of 223 A RESOLUTION PROVIDING TOWN COUNCIL DIRECTION IDENTIFYING SPECIFIC COMPONENTS OR PROJECT ELEMENTS, AREAS OF THE CODE OR CORE ]SSUES FOB THE PLANNING COMMISSION'S REVIEW OFTHE MAJOR PUD AMENDMENT PBELIMINARY PLAN APPLICATION INVOLVING THE ENCLAVE, 39 Zone District Standards. Compliance with the proposed underlying 'MF' zone dislrict's uses and development parameters. Land Use Policies. Find consistency with the Comprehensive Plan policies. Buildout and Variations. Apply the buildout limitation and the code criteria relative lo any proposed variations. Building Design. Consider the compatibility and approprialeness of the architectural plans against the municipal code's building design guidelines. Energy Conservation. Evaluate the energy utilization ol the project and which techniques will be utilized to promote energy conservation or reduce the need for energy consumption. Restricted Housing. Delermine if the mix and conliguration of the proposed employee housing meets the lown's requiremenls. Planting Plan. Address the adequacy of the existing and proposed landscaping, miligation of any proposed tree removal, the buffering between the uses and around the perimeter of the development site. Drainage and Natural Hazards. Address the natural hazards and impacts ol the surface drainage, the runotf effecls, the soil/geologic conditions and lhe ground waler movement around the proposed additions and lhe mitigation thereof. Parking. Evaluate whether the proposed parking revisions, Iayout and the associated structures on the site tollow applicable municipal code standards. Transportation. Determine if any mitigation should be required for any proposed increase in traflic and/or additional parking on the site. Civil Plans. Find whether the engineering plans and reports are adequate to demonstrate assurance as to the capacity of utililies in the area to serve lhe expanded development. Attachment 1 to Stat Reporl daled April 3,2017 TC Resolution 23, 2017 Page 2 ol 3 10. 6 7 o 11. 12 12-04-17 TC Packet Page 40of223 View lmpacts. Study the eflects of lhe buildings' scale, mass and heights f rom neighboring areas utilizing the varying topography, distances and view angle informalion as a basis of measure. 1 2. 3. 4. 5. 8. 40 Attachment I to Statf Beporl dated April 3,2017 TC Resolution 23. 2017 Page 3 ol 3 13 Air Quality. Find the primary source o, air pollutants within the pro.iect and delermine acceplable methods lo employ for purposes o, reducing pollutants. '14.Construction. Address the impacts and mitigation of any anticipaled conslruclion phasing, slaging areas, storage of materials, and the liming lor construclion of the private or any public improvements, including a plan for restoration ol disturbed areas. Section Three: Severabilitv. lf any provision of this Besolulion or application hereof to any person orcircumstance is held invalid, the invalidily shallnot atfect any other provislon or application ol this Resolution which can be given eflect withoul the invalid provision or applicalion, and, to lhis end, the provisions of this Resolulion are severable. BEAD, APPROVED AND ADOPTED, by the Town Council ol the Town of Snowmass Village on April 3, 2017 upon a motion by Council Member Sirkus lhe second ol Council Member Madsen, and upon a vote of 5 in favor and 0 againsl. TOWN OF SNOWMASS VILLAGE TOWN UNCIL Markey Butler a B. Coxon, Town Clerk VED TO FOR Jo Dresser, Jr., T 12-04-17 TC Packet Page 41 of223 41 ATTACHMENT'2' Town Council Cover Memo TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION BESOLUTION NO,5 SEB|ES OF 2017 PLANNING COMMMISSION'S RECOMMENDATIONS AND CONDITIONS REGARDING THE PROPOSED ENCLAVE MAJOB PUD AMENDMENT PRELIMINARY PLAN APPLICATION WTH ASSOCIATED VARIATIONS FROM DEVELOPMENT PARAMETERS TO SUBSEOUENTLY PEFMIT THE APPLICANT TO PROCEED TO A FINAL PUD APPLICATION SUBMISSION. WHEREAS, On December 18, 1978, Ordinance No. 28, Series ol '1978 (Ordinance 28) approved the Final Planned Unit Development for the Enclave proiect together with the Subdivision Plat lor Parcel N Ior a site containing 4.05 acres or 176,418 square feet, 39 condominium unils and one employee unit calculating to approximately 10 dwelling units per acre (DU/ac). The rree market unil mix approved was lor lhree, 4-bedroom; 12, 3-bedroom; and 24, z-bedroom units. The sile included 53 parking spaces with 63.7 percent of the site reserved for open space and landscaping. There was no maximum lloor area limit established outside lhe 10 DU/ac parameler; and WHEREAS, On December 18, 1978, a subdivision plal tor the 'Parcel N Subdivision' involving lhe Enclave project was approved by the Town lhat incorporated a number ol easemenl grants, including a ski lirl easement for the prior Woodrun litl lhat served to access the base area of the Alpine Springs lift; and WHEREAS, Resolution No. 1 8, Series ol 1983, approved an amendment to certain restrictions conlained in Ordinance 28 in order lo provide for use o[ lhe Enclave condominium manager's aparlment (Unit 100) by individuals olher than employees of the Enclave Condominium Association; and WHEBEAS, Ordinance No. 12, Series of 1990, approved an Amendment to the Parcel N PUD (Ordinance 28) for a 1,685 square loot Arrival Cenler on lhe Enclave property including the crealion of parking spaces for a lotal of 49 parking spaces on the site; and WHEBEAS, in 2006, the Wood Bun ski lift easement was extinguished, via an executed private ski easement recorded at Pitkin County Clerk and Recorde/s Receplion No. 538226, mainly as a result of the proposed Base Village development and lhe new Elk Camp Gondola connecting lo a mid-station area serving Assay Hill and on to the Elk Camp Meadows area; and 12-04-17 TC Packet Page 42of223 42 Plsnnlng Commission Resolulion No,5, Serles 2017 Enclave Maior PUO AmcDdment Preliminary Plan - Page 2 ol 12 WHEREAS, On May 25, 2016, a Nolice of Decision for an Administrative Moditication was approved lor rooling and siding changes on lhe Enclave buildings that have since been installed; and WHEREAS, on November 29,2016 the Enclave Associalion, lnc. formally submitted a Maior PUD Amendment Preliminary Plan application rvhich included requested waivers and defenals of certain Preliminary Plan submission items required by the municipal code; and WHEFEAS, the application generally proposes, a) an increase ol live (5) lree. ma*et units and one deed reslricted housing unit (as offered and presented by the Applicant al tha August 16, 2017 meeting) in three building pod additions on lhe west side o, lhe sile, b) the conversion of lhe existing manager's unit in lhe east wing to one (1) free-market unil, c) lhe additions of two 332 square lool rooms onto €xisting Units 113 and 213 on the norlh end ol the wesl building wing, d) an increase from one manager's unit ol 800 square feet lo lhree employee units in the existing to be renovaled arrival center totaling approximately 1,828 square feet, 6) a variation ,rom the unit equivalency bulldout chart cap of 40 actual units to be determined, e) ef) an increase in overall density of dwelling units par acre to be determined, g) an accessory new replacement arrival building of approximately 2,5 10 square feet, and h) an increase ol parking from an exisling count of 47 spaces lo 72 spols wilh underground pa*ing as well as 14 additional landemly arranged wilhin an expanded carporl structure together with a proposed setback reduction along Wood Road from 22 lo 13 feel; and WHEBEAS, a Sketch Plan application was nol necessary because the proposal does not add more than six (6) lree-market residenlial dwelling units and does not increase the existing floor area or foolprint ol a nonresidential building by no more lhan ten percent (10%) according lo Seclion 16A-5-330 and Table 5-3 in the municipal code; and WHEBEAS, on January 3, 2017, Town Council Flesolulion No.4, Series of 2017, was passed granting deferrals of the construction managemenl plan drawings, a detailed landscape plan, and updaled condominium documenls lo the Final PUD submission, and waiving the Brush Creek lmpact Report and the Wildlile Habitat Analysis, wilh conditions that certain other required reporls or studies be delivered to determine the application complele; and WHEREAS, the applicant resubmitted the application on February 8, 2017, and following updates lo clarify the proposal, lhe application was deemed adequalely complete on February 28,2017 lor a formal relerral and evaluation ol the proposal on March 2, 2017; and WHEREAS, a ioint meeting of the Planning Commission and the Town Councit was scheduled on April 3, 2017 to hear a presentation o, the application by the applicant; and 12-04-17 TC Packet Page 43of223 43 Planning Commission Fesolution No.5, Sedes 2017 Enclave MEior PUD Amcndmenl Preliminary Plarl - Pagc 3 ot 12 WHEREAS, pursuant to Resolution No. 23, Series ol 2017, lhe Town Council identified the specitic components or proiect elemenls, areas of the code or core issues lor the Planning Commission's review ol the Major PUD Amendmenl Preliminary Plan application involving lhe Enclave, as addressed in this resolution; and WHEREAS, on March 15, 2017 a notice for lhe initial Planning Commission public hearing on April 19,2017 was prinled in the Snowmass Sun, and the Applicant submitted signed atfidavits regarding the mailing and posting of the public hearing notice pursuant to Seclion 16A-5-60, 'Notice ol public hearing' in the Municipal Code; and WHEREAS, lhe Applicant submitted a First Supplemental Addendum received June 14, 2017 in response lo the Planning Commission, town slatt and public comments relative to the height, mass and scale ol the proposed unit additions that were reviewed by the Planning Commission al lhe conlinued public hearing on June 21, 2017; and WHEHEAS, the Applicant submitted a Second Suppl€menlal Addendum received June 19,2017 primarily in response to the town slatf commenls relalive lo grading and drainage changes ,or consistency with the updated Base Village civil plans for Wood Road submitted in mid-May 2017 that was reviewed by lhe Planning Commission at the continued pub'ic hearing on July 19,2017; and WHEBEAS, the Applicant submitted a Third Supplemental Addendum received August 10, 2017, primarily in response lo the town staff's evaluation review commenls on the Firsl Supplemenlal Addendum primarily related to an updaled civil plan package received June t9, 2017, and reviewed by lhe Planning Commission on Augusl 16, 2017; and WHEREAS, the Applicant submitted a Fourlh Supplemental Addendum received on August 16, 2017 prior to the Planning Commission meeting, in response to town statf comments and Planning Commission input on the Second Supplemenlal Addendum received on July 19, 2017, that will be relerred out lor lurlher comments prior to Town Council review or action on lhe preliminary plan application; and WHEBEAS, during the Applicant's presentation to the Planning Commission on August 16, 2017, the Applicant offered an additional deed restricted housing unit of 820 square feel in lhe building addition area as an additional community purpose; and WHEBEAS, the Planning Commission held scheduled public hearings lo receive public commenls and review lhe Preliminary Plan applicalion on April 19, June 2l (conlinued from May 17), July 19 and August 16,2017 at which meetings it heard a presentalions and rebutlals by the Applicant on the scheduled core issues or topics, heard the recommendalions ot the Town Statf, reviewed the application, considered commenls from the public, Town departments, refenal agencies or districts, and 12-04-17 TC Packet Page 44 of223 44 Planning Commission Rcsolution No, 5, Series 2017 Enclave Msjor PUD Amandmenl PrBlimlnary Plan - Pagc 4 o, 12 reviewed and acted upon this resolulion providing ils recommendalions lo the Town Council on the relative core issues; and WHEREAS, the Major PUD Amendment Preliminary Plan application was processed pursuant lo the procedures outlined in Section 164-5-390, 'Amendment of Final PUD,'Section 16A-5-300 "Purpose; overview; general reslriclions,' Section 16A-5- 310 'Review slandards,' which refer to the Development Evaluation Standards in Article lV, Section l6A-5-340, 'Preliminary plan,'and Section 'l6A-5-340(k), 'Amendment,' ol the Municipal Code. NOW, THEFEFOHE, BE lT RESOLVED, by the Planning Commission of the Town of Snowmass Village, Colorado: Section One: General Findings. The Planning Commission generally finds lor a Preliminary Plan level ol review that: 1. Application material sutficiency. The Applicant has submitted sutficient informat'on pursuant lo Section 16A-5-340 ol the Municipal Code, including the supplemgntal addendum submission items lo permit the Town Statl, Planning Commission and Town Council an adequate review of the proposed Malor PUD Amendment Preliminary Plan applicalion. 2. Public Hearing Notices. The Applicant mel the minimum public hearing notice requirements outlined in Seclion 164-5-60, 'Notice of public hearing' in lhe Municipal Code. 3. Conformance with Municipal Code Bequirements. Exc€pt wilh respecl lo lhe notable ilems lor a Preliminary Plan level ol review described in Seclion Two below and lhe recommended conditions in Section Four herein, relative to the core issues noted the application is in general compliance wilh Section 16A-5- 300(c), 'General Reslrictions,' and Seclion l6A-5-310, 'Review Standards,'ot the Municipal Code. +. PUD Amendment Standards, According to Seclion 16A-5-390, subsection (3) ol the municipal code, lhe Planning Commission has considered, but is nol bound by, whether lhe proposal also meets thE 'Review Standards'for Minor PUD Amendmenls. The Planning Commission finds lhat the proposed amendment: a. ls an enhancement of the original PUD approval; b. Does not have a substanlial adverse etfect on the neighborhood surrounding the land where lhe amendmenl is proposed, or has a substantially adverse impacl on the enjoyment of land abutting upon or across the slreel lrom the subject property; and c. Does not change the basic characler of lhe PUD or sunounding areas. 12-04-17 TC Packet Page 45 of223 45 Planning Commission Resolution No.5, Slria3 2017 Enclave Msio. PUD Amendmenl Prcliminary Plan - Psge 5 ol 12 5. Directives, The Town Council direction in Resolution No. 23, Series ol 2017, identifying speciric componeots or project elements, areas of the code or core issues for review, were sutllciently addressed by the Planning Commission. Section Two:Specitic Findings related to core issues. For a Preliminary levet of review, and subiect to the Applicant implementing lhe recommendations to Town Council in Section Four of this resolulion, the Planning Commission more specirically finds lhal: Views. ln accordance wilh Section 164-4-340, Building design guidelines to preserve community character, under subsection (5) 'Views,' the Planning Commission makes the following findings regarding the proposed building additions: a. The building addilions, proposed under the 38 toot height limit per lhe proposed underling 'MF' zone district togelher wilh lhe further lowering of the building heights below elevalion 8493 (per Applicant's Supplemental Addendum received June 14,2017 as presenled lo Planning Commission on June 21, 2A171, arc sufliciently oriented lo lake advanlage of views and view corridors, appropdately frames views, encloses open space buffering, and salisfactorily preserves (as 'should" be addressed by the municipal code), important sight lines, overlooks and landmarks as viewed from public roadways and other public spaces, and as viewed from neighboring developments. Overall, the proposed thr€e-story building additions do not violate the municipal code's view impact provisions, also pursuant lo the other reasons and findings noted below. b. The proposed building addilions do not atlect the Ridgeline Proleclion Areas as viewed lrom Brush Creak Road. c. The important long-distance sight lines and overlooks appears lo not adversely impact lramed or loreground views. d. The Applicanl has made reasonable attempls to modity the design ot the building additions to limil long-distance view impacls. e. An approximately 120 loot separation distance botween the proposed building additions and the existing closest neighboring properly to the south as proposod seems sutficient for a buffer, which assists in lessening lhe visual impacts.l. The Applicanl has added additional plant malerials surrounding lhe proposed building additions, including oversized specimens. g. The piece ol land to lhe wesl of the existing Enclave buildings became unencumbered when lhe Wood Flun lifl and easement was abandoned and extinguished and therelore qualifies as unique and exceptional circumstance. h. The Applicant has the right and ability to apply for and propose additional units as a result of the above noted unique and exceptional circumslance.i. To require absolulely no view impacts would set a precedent that would severely limit development within the Town. 12-04-17 TC Packet Page 46of223 1 46 Planning Commission Resolutlon No,5, Serles 20i7 Enclave Maior PUD Amendm€nl Prellmlnary Plan - Page 5 ol t2 j. Many or most of the multiramily proiects along ski trails are at minimum lhree stories within lhe Town, and the proposed building additions are therelore consistenl with the character of lhe Town. k. The proximity of the proposed building additions, whether two or three stories in height, will be visible from the surrounding areas. Overall, lhere is a balancing test wilh view impacts relative to siles, buildings and the mounlains.L The exisling embankmenl areas lor the adjacent gondola ski back trail already causes view impacls from the closest adjacent property lo the soulh but also lessens the visual impact ot the proposed building additions. m. The adjacent Base Village entitled developmenl is not considered a landmark but as a high density urban project rr/ith signif icanl mass and scale. n. The Planning Commission musl evaluale land use proposals and make lindings and recommendations lor the b€nelit of the entire community. 2. Variations from Buildout / Unit Equlvalency (UE) and Setbacks a. The Applicant has acceplably demonstraled unique and exceptional circumstances for lhe proposed buildout trom 39 lo 45 actual free market units (or from 27 .42 UE lo 37.65 UE, which is beyond .l00 percenl buildout) in lhat: i. usable land on the curent Enclave properly became availabb because ol lhe prior Wood Run lifl vacation, and ii, an extensive amounl of retainage on the property is lailing and needs lo be replaced. b. The Applicant has sufficienlly demonslraled that the resuhing proposed development will, for good cause shown, exceed the PUD review standards regarding lhe proposed buildout variation because: i. The proposed development is not within a Sensitive Wildlife Habitat atea;ii. The proposed additions are located outside lhe Brush Creek lmpacl Zone;iii. The proposal does not atfect the Ridgeline Protection Areas;iv. The proposed additions are not locatad on natural slopes greater lhan 30 percenl;v. Waler supply, sewage disposal (including relocalion of a sewer line), and solid wasle disposal are being acceptably addressed by the Applicant;vi. The Appllcant will be coordinating wiih the Snowmass-Wildcat Fire Proleclion District lo create improved access to lhe development;vii. The Applicant has committed to providing a private utility easement including a construction easement for lhe planned bus shelter and transit stop along Wood Road; 12-04-17 TC Packet Page 47 of223 47 Planning Commission Besolution No. 5, Seri6 20f7 Enclave Maior PUD Amendment Prcliminary Plan . Pag! 7 ot l2 viii. Ofi-slreet parking is being incr€ased beyond current approved pUD slandards to improve the parking provision ratios per unit and per bedroom while yel acceptably b€low the Town standard as a result of the planned nearby lransit stop, pedestrian connections and crosswalk;ix. Despile the proposed setback reduclions, the butfer treatment along Wood Road will be enhanced with oversized plant material together wilh lhe tree removal and mitigation plan;x. Taking into consideration lhe proposed reduction of open space from 63.7 percent per lhe current PUD standards to 54.1 percent under lhe current proposal, it still salisties the municipal code standards of 25 percent for properties zoned 'MF';xi. The Building design guidelines are being effectively implemenled to pr€serve community and the proposed building additions are placed lower than the 38 leet height standards per lhe proposed 'MF' zone diskict lor the site;xii. The required restricled housing of 1,014 square feet is being exceeded by 80 percent to 1,828 square leet under the cunent proposal, which also serues as an acceptable communily purpose for the proposed varialions according lo lhe municipal code, and an additional restricted housing unit of 820 square leel has been offered to enhance the community purpose offerings, as presented by the Applicant al lhe Planning Commission meeting on August 16, 2017; andxiii. Overall, Town decision makers employ discretion over this slandard. c. Ther€ is a proposed setback reduction lrom approximately 22 to 13 feet along Wood Boad lor the planned expanded landem carport slructure and an establishment ol a selback line for lhe PUD of approximately ten (10) leet away from the north and easl properly lines and from the existing gondola alignment ski easement with the proposed enhanced landscape butfering with the lree removal and mitigation plan, which appear acceptable lor a preliminary plan level of review. 3. Community Purposes lor proposed Variations. The proposed community purpose of employee housing provisions beyond the mitigalion requirement and lhe provision of a construclion easemenl for the bus sheller and lransit slop appear adequate. 4. Civil and Environmental concerns. The Applicant responses to the civil and engineering evalualion review comments are currenuy insufficient for a preliminary plan level of review. The referral and evalualion review of the Applicant's updated civil, drainage and gootechnical package received on August 16, 2017 will be required. 5. Solid Waste. The Applicant represenled that the proposed kash and recycling capacity will be sutficient to satisty lhe Town's public Works Dapartment. -WitF 12-04-17 TC Packet Page 48of223 48 Phnning Commlssion Resolution No.5, Serles 20t7 Enclavc Msior PUD Arnendmlnt Preliminary Plan - Page 8 ot 12 7. Transportation mltlgatlon. To assist in alleviating the increase in tratfic and parking on the site, the Applicant's proposallor a bike.share program on site with three bike slorage areas should provide an acceplable altemalive form of lransporlation. 8. Shadow lmpacls. The shading impacls lrom the proposed buildings are more significant during the winter solstice than during other limes ol lhe year, which is not uncharacterislic of lhe olher developments in the immediate vicinity. 9. Conference Facilities in proposed 'MF'zone. The proposed 190 and 625 square lool board and conrsrence rooms planned in lhe proposed new Anival Building are nol interpreted as a stand-alone conference lacility as prohibited under the proposed 'MF' zone district, which meels the review standards under Section 16A-5-220(e), but ralher as acceplable ancillary uses lo the principle uses on lhe sile. 10. Comprehensive Plan consislency. The Planning Commission linds lhat the proposed application is consistent with lhe Comprehensive Plan, in parlicular the following policies: Chaoter 2. Communil Character and Vision: Provide "a lratlic system that allows convenient circulation, mobilily, and parking." increased capacily, haul-off lrequency will be similar to existing conditions, or less, as represented by the Applicant. 6. Air Ouality. The addition o, tive new unils shoutd b€ inconsequential wilh five added gas fireplaces as such emissions should be off-set by lhe more-efficient boiler planned lor installation. There are remaining concems regarding the eftecls on air quality during conslruction and the exhausl venlilalion in lhe new garage that should be addressod in more detail with a Final PUD submission. Chapter 7, Built Environment: P 'Encourage revilalization and reinveslment in properlies,' in parlicular for multilamily properties lhal are aging enough to require capital reserve expenditures (per the Multifamily Residential CPA).) "lncentivize revitalizalion and reinveslment in properties."> Facilital€ the improvement and/or addition ot amenities including meeting spaces, filness and/or spa facilities, lobbies.... landscaped areas, et celera.) Facilitate the improvement and/or addition ol building improvements.. .. entry and arrival leatures...i 'Provide the ability lo otfset revitalization and reinveslment costs by considering increases in floor area.' 12-04-17 TC Packet Page 49 of223 49 Planning Commission Resolution No.5, Serles 2017 Enclave Malor PUD Amendment Prellmlnary Plan - Page 9 oI t2 Chapter 8,Transoortalion: P 'Require that new development and redevelopment proiect the number ol person lrips generated by their application, and present altematives and slrive to achieve a zero growth rate in traffic volume in lhe peak periods.' i "Comprehensively link land use / employee housing decisions with mobility options." Section Three.Action. The Planning Commission recommends lhat the Town Council approve, with condilions, lhe Enclave Major PUD Amendment Preliminary Plan and re-zoning to 'MF' applicalions, tor a preliminary plan level ol review, relative lo the core issues and upon linal review of all topic areas, and lo allow lhe Applicant lo proceed to ths Final PUD stage, without relErral lo the Planning Commission for review, subject to implemenling the conditions in Section Four below. Secti Four : Conditions of Approval. The Planning Commission recommends that the following conditlons shall be implemented by lhe Applicant and addressed with lhe Final PUD applicalion: 1. Community Purpose Offerings for proposed Variations. Pursuanl lo lhe linding that the Applicant's proposed community purpose otferings appear adequate, the Applicant is offering a fourlh for sale affordable housing unit ol 820 square leet on the sile that is deed reslricled lor a projecl employee or town resident occupancy, sub,ect to consideralion by lhe Town Council as oflered by lhe Applicant. 2. Employee Housing. Together with a Restrict€d Housing Agreement al the time of Final PUD submission, the Applicant will add a provision that the owne(s) ol the Rental Units shall annually submil 'Annual Beports' to lhe Town Housing Deparlment detailing requesled rental information for each Bental Unit for the preceding calendar year (which such information may include rental rates, identilication ot lhe renters, employments of the renlers, and other informalion necessary lo demonstrate compliance wilh Town Reslricted Housing rental guidelines). Each such reporl shall be due on or belore January 31 of each calendar year and shall cover lhe period from lhe preceding January to December. A Rental Unil owner who lails to timely submil such reporl to the Town Housing Departmenl shall be sublecl to a $1,000 fine imposed by the Town for each report not so submitted. Also, any two-bedroom with one-balh combination will be designed with separate commode and sink/bath rooms. 12-04-17 TC Packet Page 50of223 > "Create a compact, clearly def ined and well-connecled Town Core.'i "Consider long-range goals and community needs as a lvhole when making specific land use decisions. Make decisions that besl serve lhe resort and the communily over the long term." 50 Plannlng Commisslon Resolulion No.5, Sarlca 2017 Enclsve I'Iaior PUD Amendment Prcliminary Plan - Page 10 o, 12 3. Civil Plan and Environmental maners. The Applicant should provide a second resubmission of the civil plan package addressing to the salislaction ot the aflected referral agencies the outstanding commenls relative to drainage, public improvement issuas, lhe construction management plan (which drawings were deferred to Final PUD), lhe environmenlal commenls, and lhe geotechnical investigalion. 4. Solid Wasle. The Applicant will create a level, flat grade for access by trash lrucks ol bear-proof dumpslers and recycling containers of a number and size satisfactory to the Town's Public Works Deparlmenl. 5. Air Quality. A Fugitive Dust Control Plan (FDCP) should be submitted lollowing stale guidelines. Carbon monoxide or oxygen level deteclors should be provided inside the new below-grade garage. 6. Water Ouality. The Applicant shall clarity with lhe Snowmass Water and Sanitation District lhe appropriate and required conneclion of the parking dtain system and the sand / oil and greasa separalors. 7. Geotechnical lnvesligation. Following the review ol appropriately detailed civil plan drawings, a dewatering permil should be submitted by lhe Applicant as determined by slate guidelines. 8. Public Sidewalk Pedestrian Facility. Despite the slatf recommendalion and the standards under 'Adequate Public Facilities' in the municipal code, no walkway along Enclave's frontage within the Wood Road public right-otway seems necessary and appears oul of characler with the neighborhood. lnstead, lunds should be diverted lo creating more atfordable housing on the sile. 9. Emergency Access. The Applicant shall work with lhe Snowmass-Wildcat Fire Proteclion District (SWFPD) lo demonstrate and achieve emergency access lhat is a smooth noninlerfering lransition between lhe replacement entryway driveway and the new Wood Road public improvemenls. l0.Landscape Plan. As a detailad landscape plan was delened lo the Final PUD slage by Town Council Flesolution 4, 2017, the proposed landscape plan with a tree removal and mitigalion plan adequate tor a preliminary plan level of review should be lurther relined lo add and identify plant malerial and spaces lor ground coverages and typ6s, shrub bed areas, decoralive boulder walls and automalic inigalion together with dense planting butlers (showing plant material at s-year growth). 1 1 . Easements. Private and public easemenls, including the construclion easement lor lhe bus shelter and transit slop shall be completed, executed, granted by separats documenls and recorded by the Applicant wilh copies delivered to the Town prior to issuance ol a building permit. 12-04-17 TC Packet Page 51 of223 51 Plannlng Conmbslon Rarolution No. 5, S!]b! 2017 Enclevo Ualor PUD Amendfilclrt Prclimlnary Plsn - Pag! 11 ot 12 Cindy Ford,Commiss'ron S€crelary l2.Conslructlon managcment plan. As the GMP drawings, outside ol the CMp text provided in the application, were derened lo the Final PUD stage by Town Council Besolution 4,2O17,lhe Applicant will provide more delail al time ot Final PUD submission regarding environmenlal lmpacts such as, a) hazardous material management, b) storm and sediment conlrol, c) fugitive dusl control, d) site-trained personnel respons€ lo hazardous material spills, and e) lhe cleaning of construc'tion vohiclEs. C.,^ Section Five. Severability. l, any provision ol lhis Resolution or application hereot to any p€Bon or circumstance is held invalid, the invalidity shall nol atlect any other provision or application of lhis Flesolution which can be given otfect without lhe invalid provision or application, and, to this end, lhe provisions ol this Besolution are severable. INTRODUCED, READ, AND APPROVED, as amended, by the motion ol Planning Commission member Analhan and lhe second ol Planning Commission member Hooper by a vole ol 5 in favor and 0 against, on this 15h day of August, 2017. (Planning Commission member Gustalson recused; Planning Commission member Keelty absent). TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION sKn ATTEST: Erhlbits lncorporated by referenca and on lilc at the Town's Communlly Development Deparlmont:. Apdicants Initial application materials updat€d as completed as ot Fabruary 2g, 2017:. Applicanl's Supplemental Addendum No. 1 received June 14, 2Ol7 in r€sponse to statf evalualbn clmments and.the planning commission deliberalions on Aprit ts, 2017 regarding the building additions, view impacts and landscape buffering; ' Applicent's suppremenrar Addendum No. 2 received June 19,2017 in reJponse tothe staff and rafenal agencies evaluation cornments related to civit ptan issuls; ani- 12-04-17 TC Packet Page 52of223 52 Plannlng Commlsslon Resolution No. 5, SGrhe 2017 Enclave Maior PUD Amendment Preliminary Plan - Page l2 ot 12 Applicanl's Supplemental Addendum No.3 received August 10, 2017 in response to the slaff and refenal agencies evaluation commenls and an on-sile meeting held on July 28, 2017 regarding landscape design, easemenl provisions, a modiried solid waste plan, and responses to prior environmenlal and CMP evaluation review commenls. Applicant's Supplemental Addendum No. 4 received August 16, 20.l7 in response to prior statf and retenal agencies evaluation commenls on the Supplemental Addendum No. 2 received June 19, 2017 regarding the civil, drainage and geolechnical issues, Applicant's Presentalion to Planning Commission on August 16, 2017 otlering and proposing an additional restricted housing unit ot 820 square ,eel in the building addition area. 12-04-17 TC Packet Page 53 of223 53 ATTACHMENT'3' Town Council Cover Memo Staff Analysis Report Enclave Major PUD Amendment Preliminary Plan N01[:'Ihis reDorlnhich nas orevioush and initiall t DresenGd !o I'qELClouncil at a continued Dublic hearils on Octobcr 2. 2017. h8!bee4 Do!!i[c!!]to ircorporate the ellccas from the Applicsna's proposed addcd 'for-salc' rmoloye€ llnit Amendment. tosether n ith its suoplemenlsrv addendums and rcvisions. that uas presented and then accepted for onsoinq Council revierr at the November 6. 2017 mc.etine snd .ontinued Dulrlic hearin!. Thc revisions shonins th. elfects from the new unit Ire highliehted in rellon tiilh red font throuphout this renorl. Background: On December 18. 1978, Ordinance No.28, Series of 1978, approved the Final Planned Unit Development for the Enclave project together with the Subdivision Plat for Parcel N. The site containing 4.05 acres or 176,418 square feet uas approved for 39 condominium units and one employee manager's unit calculating to approximately l0 dwelling units per acre. The free marhet unil mix appoved was for three, 4-bedroom: 12, 3- bedroom; and 2,1, 2-b€droom units. The site was to have 53 parking spaces with 63.7 p€rcent ofthe site resened for open space and landscaping. There rvas no ma:iimum floor area limit cstablished outside the l0 DU/ac parameter. On the same date, a subdivision plat for the "Parcel N Subdivision" involving the Enclave project was approved by the Town. The subdivision al the tim€ included a number ofeasement grants, including a ski lift easement fo. the prior Woodrun lift that served to access the base area ofthe Alpine Springs area and liR. ln 2006, rhe ski lift easement Nas vacated, mainly as a result ofthe proposed Base Village development and the nerv Elk Camp Gondola connecting to a mid-slation area serving Assay Hill a.d on to thc Elk Camp Meadows area. Resolution n'o. 25. Series of 1978, approved a Subdivision lmprovements Agreement for the installatiqn of initial water lines and fire hydrants, sanitary sewer collection lines. clectric and telephone lines and facilities, and stomr drainage features for the original Enclave projecl. Resolution No. 18, Series of 19E3, approved an amendment to cenain restrictions contained in Ordinance 28 in order to provide for use ofthe Enclave condominium manager's apartment (Unit 100) by individuals other than employees ofthe Enclave Condominium Association. Ordinance No. I 2. Series of 1990. approved an Amendment to the Parcel N PUD (Ordinance 28 ) for a 1,685 square foot Arrival Cenler on the Enclave prope.ty. Three parliing spaces were created forrhis addition uith a condition that 49 parking spaces be available on the site after conslruction. One additional parliing space rvas to b€ added at the time. Torvn Council Resolution No. 26. Series of 2015, authorized Jim Gustafson, a menlber ofthe Torvn of Snorvmass Village Planning Commission. to appear before Town Council on behalfofthe Enclave for the 12-04-17 TC Packet Page 54 of223 54 purposed ofdiscussing, reviewing and seeking approval regarding proposed renovations and new development at the Enclave. On Ma) 25, 2016, a ^*otice of Decision for an Adninistrative Modification was approved for roofing and siding changes on the Enclave buildings that have since been installed and completed. l\lajor Pl.lD Amendment PreliminarJ-, Plan Proposal: The Enclave Major PUD Amendment Preliminary Plan application proposes: (a) the addition of five f.ee- market units in th.ee t€rraced building pods for placement at the northwestern end ofthe site (iyi+ts+herlppeF @with the lower most 3-level pod norv housins a4"bedroon free.market unit with a new 822 souare foot two-bed 'for-sale' emolovee unit- versus a orior revision lor a free-market restricted 'residential-occupied unil), (b) the conversion ofthe existing exercise room and managcr's apanment into one 1,550 square fool free-markel unit with in the eastem building wing. (c) the additions ofnro 332 square foot rooms onto existing Units I l3 and 213 cunently on the nonh end ofthe westem building wing, all generally designed similar to the existing building pods using consistent exterior finishes and colors, (d) the reconfiguration and construction ofthe paAing area including a new underground parking structure below the three new building pods, (e) reconstruction ofthe existing parking carport structures, including rvhere the easterl) carport rvould be converted to a 28 space tandem arrangemcnl tvith a reduction ofthe building setback offthe Wood Road pmperty line from approximately 22 feet to ll feet. (f) the convenion ofthe existing anival center into thre€ affordable housing units (comprising two studios on the main level and one. 2-bedroom unit on the upper level). and (g) the construction ofa new arrival center to include lobby, an office board room and mechanical room on the main level as rvell as a new fitness room and a reserved space for a potential future employee unit or a conference room ofabout 625 square feet on the upper level. The Applicant presented an Amendment lo the Planning Commission at their continued hearing on August 16, 2017. The amended proposes to add a restricted residenl-occupied ('RO') unit on the lower levelofthe building addition rvithout explaining the efr€cb to the remaining levels, buildiog addition or site as a whole. Primarily because there are no Town standards in administerins a pros.am for 'restricted resident-occuoied' un the A tcarl Su itted a modified Amendment on l7 the ne 822 square foot hvo-bedroom 'sal(" cnrplolee unit rr hich rt as accepted br l o$ n C re\ tew al the November 6, 2017 meetins Public llesring Notifi rrtion Requircments: The required Town Council Public Hearing 30{ay Notice for the prior September 5 meeting ras printed in the Snowmass Sun on August 2,2017. The Applicant submined signed Affidavits for the mailingand posting of the hearing notice. At the September 5. 2017 meeting. the public hearing was opened and continued to the October 2, 2017 meeling at lhe request oflhe to\u du€ to scheduling agenda consraints at th€ September 5 meeting. The Applicant as a resuh reserves their one-time opportunir,t" to request a conlinuance ofthe hea.ing. Page 2 ol29 12-04-17 TC Packet Page 55of223 55 The Enclave proposal rvas determined to be a Major PUD Amendment which would be processed in accordance with the hvo-step Minor PUD review process (beginning rvith a Preliminary,Plan revierv) as outlined in the code-referenced Section l6A-5-300(b). 'Ovewiew ofPUD procedure.' The Amendnrent ofthe Final PUD section ofthe code, referenced in Section l64-5-390 noted above, requires that the Minor PUD process (i.e.. the Preliminary and Final PUD reviervs), comply rvith Section I64-5-300(c),'Generql Re-ttt i.1ions.' for PUDs, Section l64-5-310, 'R4ierr' .llandorrls' lwhich also reference the Development Evaluation Standards in Anicle lV), and shall also consider (but not be bound by) whether the application complies wilh the standards of Subsection (31,'Retiav Starularcls.' (for one-step minor PUD Amendments). as follows: o.Consistent with oiginal PUD. The prcpose<lamendnent shall be consistent \t ith, or an enhoncemcnt ol. thc original PllD opprot'ol. Stalf Comments and Recommerdstions: \\'hile the proposed additions rvould be in character rvith the existing uses on the propeny, the cxparsions are not consistent with the original PUD approvals. The densit) rvould increase ovemll on the site from approximalel) 10 drvelling units (Du)/acre to I I Du/acr€ (albeit not a standard ofthe municipal code). Staffrecommends thal it might be considered an enhancement ofthe PUD if additional enrployee housing. parliing. plant materiat. ualkNay connections. as examples, are provided in the neu plan. Phnning Commission Recommend!tion: There was concunence with the staff recommendations in particular that additional affordable housing rras recomnrended, but in lieu ofthe applicant funding a public sidervalk installation along Wood Road that seemed oul ofcharacter with the neighborhood. b. No substantialb' o&'erse impacl Thc proposed amendment shull nol huye d substantioll) ad|etse ellect on the neighborhoul surrounding the laml vlure lhe amentlmenl is proposecl. or have a substonliulll odterse inpacl on lhe enjqmenl of land abutting upon or qcro$s lk sheet ftom the subject prope ). StrrTFiodings rnd Recommendstions: Staffhas evalual€d the Enclave proposal based upon the three-story building addition among other chang€s. $'hile a two-story building would crcate less visual impact,it isnot what the application is proposing. Staffis bound to evaluate the proposed building addition at three-stories against the municipal code's revien slandards. The proposed building addition would not exceed the J8 foot heighl limit established by the proposcd 'MF' zone dislricl. Therefore, the helght variance standards in the municipal code do not apply. Horvever, the view impacts standard would apply under the code's building design guidelines. The ski back t.ail, with il embankments along both properties, also created vierv impacts. lf il were nol for the ski back trail, a hryo story building addition (ifproposed) would be visible as well as viewed from alTected adjacent de!elopmenl and units. Being located near the bottom oflhe hill, the proposed Enclave expansion with heights up to elevation 849E lrith the initial application submission) should not create a substantiall)' adveBe impact upon the surrounding neighborhood, subjed to some rnodification, also considering that the entitled Base Village buildings to the north are measured from grade up to elevation 8501 . However, the proposed building additions will hale a Page 3 of 29 Article V, Section l6A-5-390, 'Amendment of Final PUD.' 12-04-17 TC Packet Page 56of223 56 measured visual impact as vietred from surrounding prope(ies depending on the ground elevation F,€rspective, the !ie$ angle and the distance away fmm the additions as further described belo\t. The grade dilTerential along the eastem ponion ofthe Enclave propeq- ranges from 8{40 (near nonheast comer ofthe site) to 8510 (under the gondola alignment) near the highest point ofthe Enclave sile. Bonom to top ofsite, this represents an approximate selen-slory difference over a horizontal distance ofapproximately 460 feet (a roughly l5 percent gradient). Almost all ofthe roof forms for the existing Enclave unils are approximately 30 feet tall to the roofpitch ofthe new dormer additions. These units and roofforms are visible from the ground level undemeath the gondola alignmcnt. Along the old Woodrun lifi alignment, generally rvhere the proposed building pod additions are proposed (on the north end). the grade differential ranges from 8450 (near the norlhwest comer oflhe existing parking lo) to 8490 (under the gondola aligom€nt). Bonom to top ofsite, this represents an approximate four-story difference over a horizontal distance ofapproximately lE5 feet (a roughly 20 percent gradient). This information reveals that the upper level and the roof forms ofthe proposed building pod additions (following the old Woodrun lifl alignment) uould be visible from the ground level under the gondola alignment, and would likely beconre nrore visible as one transitions down the ski-back trail. Pursuant ao the origi[al submission, the highest roofform ofthe southeastern-most building pod addition (with roof forms ranging fronr 30 to 36 feet in height) would be closc to elevation 8.198 measurcd from the exisling grade elevation ranging from approximately 8460 to E470. This would make the highest roof from of the additions, appro\imalely one-half story lower than the highest entitled Base Village building at E50l across Wood Road. Ho\rever. the building heights ofthe additions in the foreground as viewed from the south will be visible as the existing topograph)' beneath the gondola alignment ranges from 8470 to E500 direclty south ofrvhere the building pods additions are proposed. The worsl{ase grading change perspective appeats to be along lhe northwesterly Wood Road site frontag€. Here, the grade differential ianges fron 8.150 (near nonhwesl corner ofthe existing parking lot) lo approximately 8,170 (under the gondola alignment near the bridge). Bottom to top ofsite, this rcprescnts an approrimate two-story difference over a horizontal distance ofapproximately 180 feet (a roughly I I percent gradient, parallel to Wood Road), \rhere the upper two levels ofthe additions rvould be visible from the ski back trail under the gondola. The grade under the gondola at this point, generall) rvhere the ski over bridge abutment is located, is higher than the adjacenl area to the south (Crestwood side) ofthe ski-back trail under the gondola until it transitions to match grade farther uphill closer to uhere lhe west wing ofthe Enclave buildings are located. At this point, the upper story and/or roof forms ofthe proposed additions would be visible (depending on the view angle) from the lower level units on adjacent propenies that are in line rvith the grading under the gondola alignment. PaEe 4 ol 29 12-04-17 TC Packet Page 57 of223 Staff initially recommended that the roof forms for the building pod additions be lowered by approximately five feet or by roughly one-halfstorl andlor by lo*ering or ramping down the slab elevation ofthe underground parting structure and,'or nrodifring the mass and scale in total by a minimum offive feet to demonstrate that the roof forms on the building additions are no highcr than elevation E,193. This is the ground elevation ofthe lo\ter pad for the gondola located near the west end ofthe west wing ofthe Enclave units. F'rom the vantage point at the base ofthe gondola tower, one nould then be able to predominantly vie\4 but see over the roof forms ofthe proposed building pod additions as viewed to the nonh toward the Base Village site. u hile concealing for the most pan the vertical building walls ofthe proposed building addition. 57 During the course ofthe Planning Commission review,lhe applicant submitted supplemental addendums primarily in response to the lown staff, referral agencies and Planning Commission comments. The first addendum on June 14, 201 7 proposed a funher reduction in the height of the building additions from thal presented in the initial application as well as fmm the slight reduction presented to the Planning Commission meeting at their first public hearing on April 19, 2017. The marimum height elevation is now proposed at 6491 matching the staffs recommended maximum. lt would involve a building height of approximalely 27 feet measured from proposed finished grade (worst-case), as the building addition would be cut into the existing hillside approximately 2 to 7 feet (along the westerly fagade). The building height from existing grade on the south end ofthe building addition would be approximately 20 feet (the equivalent ofa r$o-story building, a measured from the cxisting grade up b the soffit lcvcl versus being measured from the cut grade). ritted on Iober 3 2011 lncrease buildin as vierv from adiacent DroDe(ies. because the applicant Dmooses lo enclose the uooer decks on the east side of the oroDosed buildins ood addition. Ihus cantileverins over the decks below Planning Commission Recommendrtions: After considering public testimony and ongoingdebates over the coune of two meetings, the Planning Commission offered several reasons for supporting the proiect afier the applicanl made t$o attempts to reduce the height of the building pod addition on the \rest side ofrhe site r ia the initial presentation to the Plann ing Commission on April 19, 20 l7 and pursuant to a Supplemental Addendum dated June 14-2017. Rcfcrence page 5 ofthe Planning Comnrission Resolution N-o. 5, Series of 20l7 ( Resotution 5) beginning rvith thefindingslistedunderlteml,'Vieus.'Amongthereasonsinclude: a) The Applicant has the right and ability to apply for and propose additional unils as a r€sult ofa qualifying unique and exceptional circumstance, which is that the piece ofland to the t{est ofthe existing Enclave buildings became unencumbered when the Wood Run lifl and easement was abandoned and extinguished; b) The Applicant has made reasonable attempts to modiry the design ofthe building additions to limit long-distance view impacts; c) The impo.tant long{istance sight lines and ovcrlooks appear to not adversely impact framed or foreground views; d) Many or most ofthc multi-family projects along ski trails are at minimum three stories within the Town, and the proposed building additions are therefore consislenl with the characler ofthe Town; and e) To require absolutely no view impacts would set a precedent lhat would severely limit development within the Town. Not chuge characler. The proposed omendme t shdllnot chonge the basic character oJ the PllD or surrounding oreos a, SiaffFindirg: The proposed amendment including the proposal for underlying 'Multi-Family' zoning does nol change the character ofthe propeny. It remains predominantly a multi-family site with off-street parking. an amenitl package with employee housing. The character does not change with the proposed expansion or the re-zoning request. Planning ('ommission Recommendxtion: The Planning Commission agrecs with the stafl finding d. Coupl-f ttith othet opplicoble slardords. l he proposed anendmett shall comph tith the other opplicahle standarLls ofthis l)itision J, Planned l:nil Dcwlopntent, including but not limiteLl to SeLtion 16.1-5-3001rJ. Gerural Reslrictions. anLl Seclion 16.1-5-110, Reriev Slarulonls Page 5 of29 12-04-17 TC Packet Page 58of223 58 SlslT snd Pl.nniog (lommission Recommendrtions: Reference the comments, analysis. and recommendations in nert sections belort. Article V, Division 3. - Planned Unit Development Src. l6-.1-5-300. - Purlrose: own'iett,: gcfieral re:ilriclit ns- (c\ Generol Restriclions. |llthotgh one ( l) ofthc prrposes o./ these Pltl) reg lotions is lo ptotide .lletibilit) in the lotd.lcvlopment process. this Seclion is intended to deJine lhe linits ol lhat llexihili4'. 'fhe lollaving rest ctions shall upply to all I'l'l)s: lll lllinimum land area There shull he no nininwm lunLl qrett clualifiLution iu order tobecligible to appl; lor a Pl. D. prori.lcd thdt I'l,D t4rprotol shall not be g'antetl solely to pcrmit |ariations tu dcvlop o single lot, btilLling or usc Stsff: The PL,D plan and lhe 'PU D' zoning already existon the site knoNn as the Parcel N Subdivision containing 4.05 acres. As a result ofthe proposcd development, a re-zoning is required b1 the municipal code concurrent uith a PUD Amendment. and thc applicant proposcs an 'MF' zone to underli€ the PUD. If accepted. it rvould nol become official until Final PUD ria an ordinance action. l2l Locsrion .l P l' D moy be dete l ope d on ony l orul l ocate d t i l h i n, he 7 b* n. Strff: The original site $as approved within the Town ofSnowmass Village via Ordinance 2t. 1978. 13\ ltses. lhe larul t$es permifte.l in a Pl'Dshall be liniled to lhose uses lhat qre qlloted, orare ullovul bl special reriev, in lhe underlling:one dislrict. Strlf: Thc existing and proposed principle and ancillarl uses are allowed by the cunent PUD or the proposed undcrlying 'MF' zone district. A 'MF' zone disrict also allows thc nev uses being proposed. The exception is that 'MF' zoning prohibits 'conference facilities,' It is staffs opinion the conference room or board room of625 and 190 square feet, respectively, in the new Anival Building should be considered accessor) uses to thc principles uses on the property and not viewed as a "Conference Facility." Plenning Commission Rccomme[dation: Thcrc t{as agreement with the staff inlerpretation (4\ Natimtm buikloul I he ('omprchensiNe Pla contains an analysis offuture buildo ofsingle- .fonily sftdl isions and other .levlop tents ttithin the Tovn linits lt ide irtes the mdimun number of.ftttre lots tnits and coumercial other space that mq be deteloped fithin cach srbditision, porcel ot other dcvlop enr. Ihe ('nit Equitolenq ('hort. ftnnd in Toble j;;1. de-lin:s vhat conslitutes o unit h) .listinguishing heNeen the vrious dvelling gpes and si:es and specifring on equivlcnc)'.f.tclor lo ha utili:ed lo establish the rumhcr ofexisting units ttithin a .'urrcntl) dcvbptd pdtccl and ot the Jitturc buildo nils lhol '$'ill bc generoted bl the proposad nar dttelopnent I he huihlout onall sis. .[or the purpose of dcle tinin{ mttimto buildouL sh<tll ha c omlutted as .fol Iox s . Page 6 of 29 Page 59of22312-04-17 TC Packet 59 StatT: The Enclave proposal $ould follo$ the 'Grealer Buildout' criteria in the nrunicipat code as explained funher helou: a. Undewloped pqrcels I or undeteloped pat'cels contuining no dttelling units, the ('onprehcnsiw Plon.fitu'e buildout chd shall he ised lo establish lhe mo mum mmber olrttue lots unilsand connrcKidl other spacc thot na) be dcwlopedrithin the parcel. and tfu llnit L4uiwle^-y ('h<trt shall be rced lo .letermifle lhe numher offiture buil.lont unils lhat ore being proposed bl the net st.ff: This critcrion is not applicable in this casc b. Podisllt da,eloped parcels l'ot po ially developed porcels, eqch etisting dv'elling u,tit ot' residentiol lot sholllinl be counted.L\ one (l)unit The tolal mtnber shqll lhen he srtht|acledfront thc ftrtue hrildol nunher sJtcciJied t ithin lhc ( onprehcnsiv I'lqn buildout chatl to establi.sh the arailable buildoul unit amou . 7 he I'nit F4ui|slenc! (-harl shdll lhen be used to eraluqte lhe existing detelopment ond to esrdblish thc existing huildoul unit omount. 7 he to,al oJ lhe &'ailuble .urd erisling unit lot onounts shull thcn he .'onsidercl qs ,he lultre btildout wil qmount used lor dctermining uorimrm buildou, ond the I nit l-quiwlen:1' Chort sholl he used to deternine the nunher ol future buildoul units thol ure bcing proposed hy the nan devlopnenl. Strff: This criterion is not applicable in this case c, Full.r developed parcels. I or pdrccls vhere the lotol nmber of the existing dttelling units, there euch dtelling unit or residenlial lol is counte.l a$ onc ( l ) unit, equols lhc fi ura huillout nunher spe<'ilie<l vithin the Comprehensiv Plan builclout charl, lhe Lrnit 14uivalenc) ('hart shall hc used to ev)luqle the exisling devclopnent aul to estublish the etisting buiklout tnit u,nount. 'l'he existing buildoul unit omount shall then be considered as the.future buildout unit onount.ftt detemrining mtuimum buildouL and thc L nit Equivolem'1 Chot shall be wed lo delernine thc rumher qf.future buildoul uflits that orc heing proposed h1'the nan detelopnent. Strff: The Enclave project Nould follow the subsection (c) criteria above for'Fully developed parcels.' The Comprehensive Plan limirs the buildout for Enclave to 40 actual units (including rhe manager's unil), rrhich exists on the premises. The nunicipal code rEquires the application ofthe Unit Equivalency fornrula. Pursuant to the Erhibit I calculations in the application. rhc Unil Equivalency for the existing project is 17.42 UE. This is the new base line buildout cap recognized b, the code. lf the l ov;n (ouncil determines thol the P I D complies tith the opplicable provisions o! lhis Subtecrion lc). 'Cenerql Restrictions. thc standords ef (ttt'tt l('.1--i-illt 'Retiett Staftlards.' ttnd au other applicuhle pt ot'isions ofthis Code, than a P('D mq. devlop up lo, hut not ntore thon, si\l)-rtv percent (65%) of rhe manintm ntmber oflrlure lots units and conntercial other spoce identificd for thot snbdivision or other developnent in lhe btildout onolysis. 7 he' 'l.ovn (-ornt'il mq approve a btiltlout thut is less lhon or greutcr thdn sL\tr'-fire pcrc.nt l65yo). h&red on the Jbllot ing stantlurds. u Lesser buildou, ..1 le!,ser huilLlout nq he app.oved b1.the Totn i[, dwinglhe evoluotion r{the c'ompliance of the Pl l) fith thc upplicuble reyirr+ stantlards, it is determined thqt lhere qrc sitc speciJic plq.sical construints on the propcrU that voul.l lintil ils opproprioteness lor buildout (such PaSe 7 of29 Page 60 ot 22312-04-17 TC Packet 60 os the presence ofiellands,lood plaias, sleep slopes or rildlile hqhitat). ot the opplicant hcts been tnahle lo oclequatell' provide pblic inprotemenls or serrrices necassory /or lhc delelopment. or the bril<lout n ould be im'oitpolible $ i,h sttounding land uses or rrilh lhe chuacler ol lhe cod, unitt qs .lescrihed in:!!t i rt k' l + ) ltt, Building Design Guidelines to l'rcsene ('o,nnnmi4' ('haracler. or if oher pe inenl linitalions are idenlilied. Staff: Thc critcrion abovc is not applicable in this case. b. Grcolet buildoul. .l graater buildo mq.bc approwd if the 7ovn ('otncil.linds tha, tha PL D qchie|es ona ( I ) or nrore of lhe purposcs described in Subsection (c)(6), (-ommuniq Putposas lor PL l)s. arul the P('l) complies $ith the othcr applicohle protisiot,s ofthis snhsection (c), Gcneral Re,ttrictions, the stondqrd, of ,il!l!Lu1..\i l!), Retietr Storulqrds, and oq other opplicable prorisiotts of this ('o.le. !s'o buildout moy bc pcrmitled to etcee.l one hrndred percent ( 100%) o[ the u<Lrinum nunber of.futwe lots units anl co Lrprcial other space listedlor that nrhdi'ision, parcel or other .levlopnrenl, crcepl lhal undq unique and exceptiondl circumslances where il can bc sulficientll demonstroted b1. the applicqnt thut lhc resulting development u'ill,lor good cause shov n, exceed lhe PI'D rcrie$ ctiteriq slamlurdt, u reconsiderotion oml amendnent of thc ftnre b ildout anal)sis chart ollocationlo, tlurl suhditision, parcel or olher clevlopmenl ma'be consi.lereLl. I he I ot n (bum'il she l then udopt an ordinonce, opprovd b) dl leasl thrcenwtterc (', ol lhe ncnthers oflhe To$n ('ouncil prcsent and roling. amenling the .funre buildo anol!'sis churt ond identifiing lhc reasons xhy lhe amend enl is t-drftinled StrtT Comments: The application pmposes per ils udated Exhibil J {pe. lhe Amcndmcnt dated Octob€r 20. ?017) an additional +g+19.6 UE to a total of37.0-l l.lL: with thc cxpansiors, thus cxceedirg lhc futur€ buildout cap of27.42 UE and bcyond 100 percenl. This w€uld li&ely ellorg€ iflhe p{epo-ed ee.led oul ond "aaea restrieU res @itr Note that this resulted in slieht net decrease ofthe free-market unit eouivalencv calculation because ofthe added E22 souare foot 'for-sale' emoloree unit *hich reduced thc size ofthc frec-market unit on lhe lorver level toeether with the increase in floor area br enclosine the deck arcas for the units A buildout be1'ond 100 percenl triggers: a) a required Community Purpose, b) unique and exceptional circumslances, and c) excecdance ofthe PUD review criteria standards. Granting this greater buildout variation requircs a super-majority vote by the lorvn Council via an ordinance aclion (at time of Final PUD). See Table,5-4 from ths municipal code for the mulri-famil) unit equivalency formulas. Page 8 of29 TABLE::! LIIiIT EQUIIALEA'CI C.4TT:GORI[:S vt t.u-t ..1.\Ilt.t t sSttARE FOOTAGE l.css Thon 1.000 s.l LINIT EQLtIvALE^'.T 0.5 vt I -t .1\lll.t 1.00t) s [. - l.50lls[.0.50 05 Per t'ach .ldLlitional 100 s.f .,lhore 1.000 s.I vr I I t-t .t \ t.t l 1.501 s.l . 2.500 s I 0.75 ' l0 Pu hth ..lLldition 100 s [. -.lbote l,5ll0 sJ 12-04-17 TC Packet Page 61 of223 61 TABLE:! UNIT EQUI'ALENCT' C..IT[:GORIES vt t.It-1...1v .t It SQL|ARE FOOTAGE ,llore Than 2.500 s ll LTMT EQUIIULENT 1.75 . .25 Per Each ,l.l.litional 100 sI Abo|e 2.500 s.f. (5) Dimensionol firttuions ('ertain dinensionol limitolions applicqble to lhe prcpert! md, be varied vithinuPL|D Tle linitatioN that mal be taried are those ofthe untlerlying zone dislrict: or,for propertiesfor vhich a PllD or other developmenl plan hos prcviously been appro,*ed, lhe limitolions set b) igt approral. For ory properq de.signaled PLtD or SPA vithotl sn underl)'ing:one district. lhe applicont shall stbmit an applicdlion.fot on qntendment to lhe Wcial Zone District llap lo de$ignale the underll,ing:one dislrictfor lhe prope ). This opplication shall be submilted in conjunctionwilh lhe prelininart' PllD applic.ttion and shall be rced lo re:one the proper\ ql lhe line oflinql Pl'D approwl lo o .one distt ict cot aining dinensional limildlions in order lo estahlish the applicable dimensional linitotionsfot the prope ). Onb' lhe lollo$'ing dinrcnsional li,nitdtions may be toried: q ,lltainon allanable heighl of ary sl tctu'e v;ithin lhe PLiD; h. ,llinimun open space requi|ementfor the I'UD: c .\lorinun allovahle lloor area of the PLiD: d ,llinimu qrea of lots yithin tht' P(iD; qnd c. ltininun selbacks.[ot buil.lings $ilhin lhe PLiD. ..1 dinensional limitalion m(4 be varied v hen the Tovn Council fin.ls lhol lhe PliD qchietes one ( I ) ot more ofthe applicable purposes listed in Stbseclion (c)(6). (-ootnunilt Purposeslor PUDs, thqt granting of he wtiatio is necessaq J'or that purpose lo be achiered, and lhal lhe resulting developrnent r,ill be consistent vilh lhe pto|isions oJ Subseclion (c)(7), Stafldadsfor Grunling ofl a ations, ctndj_tlL)!! lh l-j-l ltt. Reviev Standartb The minimum lot size was calculared in error with the inirial submission, staring minimum 3,000 square feet. That repr€sents the base amounl. Pursuanl lo a footnote in the Table l-2 of Dimensional Limilations in the municipal code. an addirional 1.500 squar€ feet per unit plus an additional 500 square feet for each additional bedroom is required to determine the minimum lot size. In this case for lhe proposcd free-nrarlet conditions, rhe required minimum lot sizc is +06;0001Q!!QQ square fcea [3,000 sq. ft. + (45 DU x 1,500 sq. ft.) + (+zQ additional b€drooms x 500 sq. ft-I. Forall bedrooms. incrudinq emplo\ee housing. the mininrun lotsizcwouldbe rr2.000 square feet. The exisling sitc area is r 76,597 square fcct (or 4.05 acres), so the founh dimensional crireria is being mct wirh the expanded proposal. ThisLbffnrfla was addressed correctly in the rcsubmission for compl€teness review purposes in February 2017 and for the mendment rl0 201 Page 9 of 29 12-04-17 TC Packet to referral and review. Page 62 of 223 SttrlI findings and Recommendations: The first three dimensional standards are plannedtobemet in the amendment proposal. The heights for the pmposed additions are planned under the "MF' zone district's 38 foot height limit. While the open space area would reduce from 61.7 to 54.1 percent ofthe site area. it remains above the minimum open space requirement of2-s percent for'MF' zoning. The Floor Area Ratio for the site increases from 0.38 r I ro 0.5 I : I , sh ich is under the maximum 0.75: I in the proposcd underlying 'MF' zone district. 62 Regarding the minimum setback provisions per the last dimensional limitation, Table 3-2 ofthe code permits PUDs to establish the setbacts. In lhis case, the easterly carpon structure's proposed expansion would .educe the selback distanc€ along the Wood Road property line from approximately 22 feet to l3 feet Also, unlike the staggered arrangcment of the buildings p€r the origiral approval, the applicant proposes a uniform l0-foot setback along the east and nonh property lines and a lO-foot setback from the nonherly ed-qe of the exisling ski lifl easemenl (forthe gondola). The re-setting ofthe setback distance may be proposed by the PUD Amendment, subject to evaluation. Permitting a serback reduction approves an entillement \ithout being able to see \yhat may be proposed in the future. however, there is so little area for deyelopment that the effect should be minimal. The Town would also have the oppofluni.J* in the fulure to evaluate building additions and the effects upon established s€tback limitations. Planning Commission Recommendation: There was no objection to the reduced and added setbac| provisions. Planning Commission agreed to the enhancement of landscape bulTering. (61 Commanitf parposes for PUDs The Comprehensit'e Plon idenliles ccrlain purposes lhe communiry' intends to achiere qs it develops. I he lolloving prrposes sholl be used in deternining vhether the buil.lort.for a PLID nayexceed s*ry-Jive percent (65%) ofthat identiJied in the brildour analysis and thether ary ofthe porcel's dinrnsional limihrions should he \dried: b. EncouruBe suslqinable development. A pdrcel's mo\i um buildoul ,r,ay be achiered qn l its dimensional linitations mal be varied lo encouroge sustainable dewlop ent v,ilhin the Toi n that di|ersilies the mix of lodging. retoil and dining uses and lhut is consistent xith lhe intetu of he Conprehensiw Plan Sustainahle developntent nq he olthe OW thut creqtes o sense of place ihere one can lbe snd $ orl vithin a smoll delned scnice areo as +t'ell as *here recreolion, public trdnspottalion. open spa..e, pe\ondl senices ond shopping ure vilhin reasonoblt val,'ing distunce. lt may olso be vlcre lhe development inclutles posilire soci.tl, environounlal or econonic bencrtts hdl signilicuntll contribule lo, greotly enhance or are delernined necesso1 lor the sustoinahility ofthe comm nilt as q ihole c. Pro de open spqce ond/or otoid wildlile habirqt. .1 porcel's ma un buildout mq. be achieved ond ils dimensional limiralions nq bero ed ro proeide necessaD site planning llexibilitl. to enqhle the development lo provide nore ond higher qualiry'open space or lo cohsene criticdl *.ildtife habitat laruls This shqll be accomplished in srch a va! a\ to mointain lhese landt as large, conliguous oreai\. Such lqnds shall not belragmented inlo small, unconnecled areas bl detelopment. unless the applicanl denonstrates thot this arrangement till resllt in the nost suitoble dewlopnenl pqllernlor lhe proprtt'. aml tlwt the lancls proicling whed opcn space or critical vildlife habitot hove been prcleLleLl ll-here applicable. conneclions ofsuch lands on the site lo such lunds on odjacent prcpe ias shall be oL'complished. PaBe ,.0 of 29 12-04-17 TC Packet Page 63 of 223 q Pruyision of rcsfiicled housing .1 parcel's marimum buildoul nrul he .tchievd .nd ils .limensionol liDtitLttions ,na) he t.tried to oler dn incenliv lo opplicanls lo proride more reslriL-ted housing tithin the PltD lhltn vould othentise be requted h! this Dewlopment ('ode, pa iculorl' in tho.se ptiotil)' locolions.tor such horcing identified vithin the Comprehensite Plan. 63 d Encouraqe bcrre. design. .1 par.cl's dinpnsiondl linitalions uq.bavorird lbnl ils ma\intu,n hkil.lout mq not he achie|e.l) to ollov lor grcqtet torieg in the t)pe, design and lalout ofbtildings Stt'uctures shall he designed to be co pstible, in terns of heighL moss. scol.,. otiantatio,t and configrration. vith other buildings in the PliD and vith svrounding uses, yet shall avoid wilornitl qf dasign l trious t1'pes ofresiclenlial uses md) be conbincd tithin thc PI,'D (rhen alloved bl the undlr'l) ing:one .listt'ict), lo promote morc e.\fi.'ienl lsn.l use paltems and in<'reaed open spoce e. Derelop necessory public loclliries A porcel's nuinum buildout ma|he achievd ond its dimensionul limitations nayhe variecl to proide an incentivefor an applicont to derelop, ot contribule to lhe devlopnte of, necessary puhlic focilities, such as public parking qnd lransportation focilities. puhli.' re.','e.ttiorr ldcilities ond othar public.fa.'ilil ies consistenl rvith lhe inte of the (-onprehensive Plan and the Tan's goals ond objectites. l he facilities mr4 be lqqted $ithin or outside o{ lhe Pl'D, but shall be.facilities beyond the required uitigution for he projcct lhqt mcet lhe needs nol onl! of project rcsidenls, b qlso ofother residents ofan.lisilors to lhe To*n and shall pronole, generolly. the pthlic health. safeq' oncl velfore. .1chiefing one (l ) or more ofthe applicable purposes listed ohov does nol, bf itsefi grant an1 clevktpment entitlemed.fot llu buildo of q PllD to exc'eed skt)-rtw Frcent (65%) of thar identified in thc buildout onol),sis or for a4'olthe parcel's dimeqsionol limitqtions lo be voried. Stafl Findings 8od Rerommendrtiors: Thc ApplicEnt's proposal forcommunity purposes (on page l9 of the written description), irrcludes: a) an over sod sbove supply ofemployee housing ofapproximately t1-1!-1!fl square feet (with the added 822 souare foot '[cr-sale' emplovee unil] which is above thc uodatcd mitigalion rcquirement of approximately -l+H9E! square fe€( and b) fostering the developmenr ofpublic facilities, by the provision ofa temporary construction easement and an encroachment license to accommodale the fulure transit bus pullout and thc associated retaining rvalls obligaled by the Base Village PUD. c) crealing more off-streel parking. and d) estabtishing a sense ofplace intended lo meet the sustainable development criterion. \\ hile the offered community purposes might be beneficial for the Enclave, Staflfinds that the g[ community purposes offered appearg! minimal in contrast to the proposed project expansion, including the buildout variation b€yond 100 percent.Ho*ever- wi rh the addition ofthe 822 souare foot'for-sale' errplo\ee unit. this should assist this matter further. Staffrecommends that additional community benefits. unique and exceptional items and other exceptional design treatments could be offered and added b1 the applicant, such as: a) embellishing the plantings and buffering treatment along the site's entire \\'ood Road frontage to provide a high-quality. dense landscape buffer, and b) installing a side*alk along the Wood Road frontage. Staff l'inds lhat lhese two items fall underthe mitigation requirement standards rather than comnrunitl purposes. but depending on the qualiq ofthe proposed installation, a ponion ofit could also be interpreted as a community purpose item. A dralt Subdivision lmorovement Asreenenl should be subnitted sith the Final PUD aoplication. ifthe aoolicant is rraated oermission to oroceed. The Applicant has since submitted Supplemental Addendums No. I dated June 1.1,2017 and No. 3 dared Augusl 10. 2017 (hat shows an improved landscape dcsign from the original submission, including a varictl ofplant malerial sizes as nell as percentages that are oversized at installation. such as 20 percent for deciduous rrees ar 4-inch caliper and 65 percent for evergreen trees ar l2 ro l8 feet in height. The plan PaBe 11 of 29 12-04-17 TC Packet Page 64 of 223 64 shows that existing t.ees (a total of l4l caliper inches) rvould be removed and 224 caliper inches would be installed among 30 evergreen and 3i deciduous trees). The plan view shows trees at full-maturity rvhich in perception is meant to reveal a dense planting and buffering plan. lfthe plan showed tr€es al five-year maturily for example, itwould reveal an average planting plan. Staffrecommends that additional trees be added unless the preferred goal is to capture views as much as possible. However, additional plant material over lime would assist in softening the visual impacts from the building additions. Planning Commission Recommendalion: At their last meeling on Augusl 16,2017.thePlanning Commission found that the Applicant's proposed community purposes appeared adequate, as the Applicant nas then offering a foufih 'for-sale'affordable housing unit of820 square feet on the site that will be deed restricted for a project employee or town resident occupancy, subject to consideration by the Town Council as offered by the Applicant. (7| Slondardsfot gra ing of wiation$ Any PltD dinensionttl limitdlion tatidtion orthori:ed in Suhscction (c)(5). Dimensional limilalions, mal be grantecl hy the Totn ('ou,n'il, ptovided lhql it c on pl ie s v it h t he.fol lo$' ing stundurds : o Height. l'arialions to increase the ma.\imum allotoble height o,fstructures muy be oblainecl p t sudnl ,o lhe lollov ing protisions: LI rc(luest to grqnl o ratiqlion lo increase the mNimum qllawble height for anf individusl sh ncture mcy be granted by the Tovn ('onncil, pro ded lhal al least lil$' percenl (50'/d o! the struchre /or thich the voriotion is soughl, as measured ili.ingthe slncture's footprint, conlorms to the height linils o/lhe utderlying ione district, protidedfurther lhal no potlion oflhe shtclute exceeds the height lin of he underlling :ona distict h) uorc thqn seten4,-five percent (7 5'%). 2 ln exceptionol aru| srycial cirutmslunces, o requesl to gronl a rarialion lo increose lhe marimun ullotoble height /or inclivid dl slnctures may be permitted to exceed the ftIt.v-percenl ot setent)-lite- percenl limitalion described in lhe preceding paragraph. if the applicant is able lo suficienll' demonslrole lo lhe sqtisfoclion of,he fovn Council lhat: o) l'ie]i,s.fi'ou surrounding properties, as delermined lhrough the use ofdetailed viev plane onalysis, thich maf inclule computer-generaled ist/,.c.li:otions, s,oO poles and othet methods acceptable lo lhe Plqnning I)ireclor. vill nol be substdnlialll, adversely affected. L he strroumling propertias to be considercd vill inchtde lhose immeLliotely adjacent lo the PLiD an.l lhose thdt Lo.e identifed by the Plunning ('ommission and tfu Toyn {'omcil during lheir respeclive rerie$ qnd pub I ic c onmenl perio.ls b) The proposed strtcnrc till be conpatible, in lerns of height. n:lass. scale, orientution anel configuralion, n ith olher stnrclures in lhe PliD ond $,ith adjacent stnrclures lf the voriation excee.ls the liItt-pcrcent or seven0-rtv-percent limirafions descrihe(l in the prececling porograph. the wrialion and lhe Prelinino4, pl,,D plan resolution nntst be appt owd b). al leasl lhree-quorlers (l') oI the 7'orn ('ouncil nembers present and voting. for gotxl couse shovn an l b) idcnlif'ing the reosons v h1, lhe height vdriotion is varranted. 3 For the purposes ofddmiflistering paragruph (Z)d, the Tonn Cotucil mq. granr b. sinple n(iorit) 'ote, o heighl rdriotionlor certuin slrtclurcs. such osJlaEpoles, qntennes an.l other sir,ildr Page 12 of 29 12-04-17 TC Packet Page 65 of 223 65 sh'ucuo'es i hich h6e onl! q nomin.tl Ioorptint S*i-li.ft to\t ers and reloled l&ilities ale exempl lront p.luiring he ighl tarialion approrol. J ln cicwslances ttherc it o (2) stru.ltrcs ho|c heen connected by an enclosed tolk*a1, corridor, .triu or other enclosed spoce vhose $'idth or height is less than.fif+' percent (50yd of eiher llr tridlh or hcighl oleither ofthe othentise separate structures mea\uredfrom the side being connecte.l. the proeisions oJ parugraph (7) shall be applied lo eoch stncltre seporatel), rathu than as one (l ) Stsff Findings: This criterion u'ould be applicable but the hcight limit of38 fe€t is being met with the cuncnt proposcd amcndmenl and lhe addendums reduce the building height furlhcr bclow thc 38 foot heighl maximum. This is taling into consideralion that the heights for the new building pods are b€in8 measured from the finished grade on top ofthe undergrounded parking garage, and from the prior natural / existing grade to the highest roof forms. The pmposed parking garage would bc placed mostly below the existing grade. Phnning Commission: Reference the Planning Commission Findings under ltem l, 'Views' on page 5 of the anached Resolulion r-\o. 5, Series of20l7 (Anachment '2' to the StaffCover Memorandum). b. Open space ond minirnum lot stea .l taialion lo reduce lhe miniuutt oJvn space rcg ircmanl or to reduce ninimum lot sreu (in order to.'lusler lols) mq be pennilled X l. Suc.h wriolionvill not be detimentol k the charocler of lhe propored derelopmenl or k) sur r o u rul i ng pr operl ies : 2. The proposed dewlopnent shall include open spoce for the munal benertt ofthe entit'e clevelopment: ond 3. l'he ope,, spdce that is provided is accessible and a'ailuble to at leasl all drelling units an l lols Ior vhich lhe open spat'e is inlenfud. c. Iiinimam building serbac*s. llinimum building serhocks shall be established by the I'I'D pldn, ptotided ulequate distonce shall he left he*een huildingslor necesso4 uL'cess and_lire protection. und lo ensure proryr rcnlilation, light. uir an.l sno*.melt behrcen btildings, end lo minimi:e the ellecls of tronsmission ofnoise bel$Ten unils and benreen buildings Slrff Findi[gs rr|d R€commcrdraions: The reduction in setback from Wood Road for the easterly carpon strucrure ma) be acq€ptable ifthe lardscape buffering design provides a dense and high qualitl landscape buffer along the \Yood Road frontage. Reference the prior comments regarding lhe planting plans and modifications lhereto. Page 13 of29 12-04-17 TC Packet Page 66 of 223 Ststf Finding: This criterion applies. and despite the pmposed reduction ofopen space from 63.7 to 5.t.1 percent, the modified open space area still meets the minimum 25 perccnt open space requircment in the proposed 'MF' zone district. Phnning Commission: There was concunence with the Staff finding. 66 Planning Commission: lt uas noted that a detailed landscsp€ plan was deferred to the Final PUD slage by 'lown Council Resolution 4, 2017, and lhe p.opos€d landscape plan with a tree removal and mitigation plan, adequate for a preliminary plan level ofreview, should be further refined to add and idenliry plant malerial and spaces for ground covemges and types, shrub bed areas, decorative boulder walls and automatic inigation togethcr with dense planting buffers (showing plant material at 5-year groMh). l8l Parking. The nunber of parking spqces in the PIID shall be that requircdlor the underl, ing ione dislricl, tnless q reduction in lhot requirement k grunled. pursuqnl lo),\'!i,,tt l6l-J--il!l(c). Reduction of Required Parking. StsffFindings 8nd Recommendalions: With lhe pmposed expansion ofthe easterly carport structur€ adding. a) l4 tandem spaces plus one spot on the easl erd. and b) the proposed undcrground parking structure (below the three building pod additions) containing 16!l spaces (ofwhich I spot is not designed with adequate back out space)Jldulillgzlggpastlspgsg, the totsl smount increases from 47 to 7211 sDac€s. also lo accommodate lie ne$ 822 souare feet two-bedroom- This increases the parking provision from 0..18 space per bedroom and L I 8 per dwelling unit (for combined e\isting dwellings and manager's unit) to 0.6 space per bedroom and 1.5 space per dwelling unit (for combined exisling and proposed dwellings and employee units). These ratios might change as a result ofthe proposed restricted resident- occupied unit on the lower level ofthe building pod addition. Stafftecommends that the unit mix modifications for the free-market units maintain the same parking supply ratios as initially presented. lVhile this mal be proposed under the altemaliye parking standards in the ntunicipal code, the Town Council has the sole d iscretion of allowing the tandem parking provisions if it meets certain criteria. Staff recommended to the Applicant the provision of a parking managcment plan (Exhibit P in applic8tion g5 anrended on October 30. 2017) to review wilh lhe application, especially ifproposing an altcmativc parking arangement. The PMP also addresses the tandem parliing arangement criteria and review srandards in the municipal code in that the rcmaining unassigned spaces would be managed by the property management staff Staffr€commends lhat parking spacts bc reserved or assigned for thc employec housing units in the PMP or on the plans. Th€rE are {er+!il bedrooms proposed fa &e norv proposed thrtefour employee unfu thal would rcsult in the requiremenl fors.i*(6)4!49.1! pa*ing spaces pcr the code. A minimum of fot,f{4bi!b} off-stEet pa*ing spaces (to march tre bedroom count) should be rcserved and signed for use by Oe rcsidents ofthe employee housing units. $hich is pruposcd via thc modified site plan received via the Anrendpenl daled October 20. 201 7. The other t+e$IEg, ifneeded, could be on a first-corrc-frst-scrved basis elsewhere oo 0r site. Regarding the additional 822 souare ftnt tuo-bednxrm enrplovee unit (versus a GsEicted r\ro-be&oom rcsident-occr.pied unh prcposed 8l lhe August 166 Planning Commission me€ting), this sh€sldlg&! result in lhc rsquircm€nt for hro aaa;+iena++ese*ed pa*ing spaces ofthe six reserved soots foremplovee units. +he+rptie€a# siens-en+hesitel he nrodified site plan received on October 30.2017 with the Amendment adds hvo more oarline soaces. The new traffic circle on the site is an acceptable improvement, with the shon-term area for loading and unloading, should assist in improving the maneuverability and circulation ofvehicles on the site. with the increase in parking and anlicipated traffic, the applicant should provide another form ofshared transpo(ation other than a shared shunle sysrem, such as a shared vehicle as a means to incenrive car-pooling (or could be a conrriburion to\rard the future Base village car-share program) or altemate transpo ation modes outside ofusing a private Page 14 of 29 12-04-17 TC Packet Page 67 ot223 67 vehicle. With recent presentations lo ihe Planning Commission, the Applicaflt has proposed a bike sharc pogram rvith storage areas for bicycles. Planning Commission: There uas general agreement with the staffrindings and recommendations regarding the off-streel pad(in8 demand and provisions. (91 Roadstqndod|,4 PllD q be pemitted lo defiole.fron lhe 1 o\tn's rtnd slandqt ds, to enoble the dcvlopment to achieve gp.ner efiiL'ienc) of infraslnElu'e fusign and installalion through chslere.l or compocl lonns ofdetelopnenl or lo achieve greater sensilitilt, lo environmental feotures, vhcn lhe Jbllowing ninimum design principles are.folloved (vith emphasis on bolded itens): o SqIe. ellcient access The circulolion slsrem shdll be designed lo pro|i(le sale, convenienl access lo all areos of lhe proposed dewlopmen, usirtg lhe minimun procticol rtndwul length. .lccess shall be bya plblic righl-of4rur-. prirate |ehic qt'or pedestrion way or a comotonly ovned b. lntcrnal pathtays lnternol pthtals shall be protided toform o logiL'al. sofe and comvnient $.stem for pedestri.ln access lo dttelling unils qnd coumon dreas. with apprcp ole lin*ages off- site. c. Emergenq whicles Roa6rq-s shall he designed lo permit access bs emergen-y vehicles to all lots or rnils. ,4n access easen ent shall be gruntedJbr emergenq' and utiliry' vehicles. as applicablc, to use priwtte roothrals in the detelopmenl Jor lhe puryose of protiding emetgenc) sen'ices ond for installation. noi enance and repair of ihlies d. Prircipol occess points. Principal whic ar access points shall be designed to proide !o,' s,nooth lralfrc llov, ninini:ing ha:ar.ls lo vhicxlu, pedeslrion or biocle lrafirc. ll here a PI iD ubuts o major collector. qrterial tood or higlruq, direcl access to such road or higltullrom indiriduul lots, units or buildings shall be prohibited vhen olher reasonoble access options are awilable. e. Snov stordge. Adetluate ureas shall be pro|ided lo slore snor rcmoteel from the intelrutl street ne*orl un<lfron oJf-steel parking areds. Stalf Findings rnd Recommendations; Following the review standards 9a and gb above in particular, stalT finds that a public 8-foot wide sidervalk installation along the site's entire Wood Road frontage should be provided as a mitigation requirement. The sidervalk would provide an alt€mativ€ form ofransportation considering the increase of30 vehicles per day on Wood Road and the expanded bur still limited parking on the site. lt would also provide convenient access to adjacenl properties and nol necessarily force residences to cross Wood Road to access a safe and convenient sidewalk. Ifinstalled, the area would become more useful and will thus be utilized by pedestrian;. This would benefit the residents of Erclave as rvell as rhe surrounding communir)'. The intemal palhway connection planned to sene the newbusstop, as another means oftransportation, rvould also incentivize pedestrian walkability and connectivily. Ifthe side\talk is designed as an integratcd form with an improved high quality landscape buffering and drainage suale treatment. a portion ofit could be considered a community purpose type ofbenefil as well and it uould provide for a cleaner image along the Wood Road frontage. as most ofthe dirt shoulder lvoutd be transformed to a more user-friendlr surface condition.A draft ubdivision lmoro vemenl Asreemen t should be submined uhh the Final PUD aoplication. if ission io nroceed. Page 15 of 29 lhe applicant is granted oemr Page 68 of 22312-04-17 TC Packet 68 Planning Commission Recommendation: I he attached Resolution 5 rccomnrended that, despite the staff recommendation and the standards under'Adequate Public Facilities' in the municipal code, no walkway along Enclave's frontage within the Wood Road public right-of-way seems necessary and appears out of character with the neighborhood. lnstead, applicant funds should be diverted to creating more affordable housing on the site. ll0) Adequate publiclucilities. I final plan shall not be approve.l unless lhe To*n Council delerntines thot public fLtcilities ttill be adequote to strpporl qnd sen,ice lhe atea of thc proposed developmenl or lhat nceded puhlic lacilities and sertices will be nqdc qrailable concotentl) lo ollsel lhe potenlial impacls otsuch dewlopment. Public facililies and services to be erumined vill ittt'hdc, but not be linited to: storn .lrainage. road'; orul their nninlenance. public tonsPortqtion sen'ice andlacililies. pedestrion circulation. seterage ctnd sqnitory lacilities, walet a'-ailqhilily qnd serviceabiliry', solid lasle disposal..fire and energency nedical sen'ices owl eleclricol sen'ice. l he applicdnl shdll shott' d AdeEtote lacililies and currying cagtcil)' exisl at lhe tine ofdevelopment or vill be provided to the PLiD an.l affected areos prior lo completion oJ eoch building or phase of the development nrcssitating the demandJor saicl lacilities or caPaL'itr': b. The PL|D has been located so as lo be reasonabls com'enienl in rclolion to police ondlire protection, emergenc)' medical sen'ices ond schools; c l'he Pl,tDvill occonnodate the eJJicienl proision oflocaland regional tronsit facilities and StslTComments and Recommendrtions: Police and fire protection sen'ices are nearby. With the planned bus shelter and pull out area (which needs to be aligned with the Base Yillage bus stop per Transportation see Attachment 'A' ofthis report) as demonstrated with the Applicant's Supplemental Addendum No. 2 dated June 19, 201 7 together with ths proposed internal and the recommended exterior walkway connecl ion, these criteria should be met. A sidewalk addition would affect the drainage swale anangement along the wood Road frontage bu the capacity of il may ne€d to be enlinged due to the increase ofimpervious surfaces, \f,hich a drainage report could veri&, provided in the Applicant's Supplemental Addendum5 No. 4 and i\-o. 5 dated August 16, 2017 and October 5. 20 17. resoectivelv. As ofcommenB rcceived Seplember 5, 2017 from the Town Engincer{A{h€Sment-.r,{), the Applicant@ffibioddress past €€rnrrcgt5-sid+eq{res{5 sufficientlv address the concerns per comments .eceived fmm th€ Tour Eneineer daled October 10.2017 (see Attachment 'A'). The engeing need for quantitatiye meastsres r€gardi'rg the iag_A requirement for a Slate storm water discharge permit also necds to be determined. An oplion to ensure the proper timing ofimprovements along Wood Road would be for the applicant to provide its ponion for the necessaq, improvements as a whole in this area to the Town for the sidervalk improvements, Lastly, the applicant has modified the plans in the Addendum No. 3 submission ofAugust l0 that more adequately addressed the solid waste provisions within permanenl facilities on the site. A solid rvaste arrangement for the conslruction management plan should be provided on its defened Cl\,lp drauings submined with the Final PUD application. Planning Commission Recommendation: The Applicantshould provide a second resubmission ofthe civil plan package addressin8 to the satisfaction ofthe affected referral agencies the outstanding comments relativc Page 15 of 29 12-04-17 TC Packet Page 69 of 223 69 to drainage, public improvement issues, the conslruction management plan (which drawings were deferred to Final PUD), the environmental comments, and the geotechnical investigation. INOTE: The Applicant submitted a 2nd resubmission of the civil and drainage plan package on August 16, 201 7 (the last Planning Commission meeting review) which was subsequently relened for review afrer the Planning Commission took action on Resolution 5. Reference fie latest comments from the Town Engineer dated September 25, 2017 (Attachment 'A'). The Planning Commission directed that the applicant work with slaflto resolve remaining issues regarding the civil, drainage plan and environmental matters]. Sec. l6A-5-310. - Review standards, (l l Consisten.\ with Comprehensive Plan. 7 he PI'D shall be consislenl t ith the inlent of thc I otn's Comprehensiw Plan Staff: The proposed PUD amendmenl seems to relate to the following policy statements and/or inlent thereof: ChaDter 2. Communitr Character and Vision , Provide "a traffic system that allorvs convenient circulation, nrobility. and parking." Chaoter 7. Built Environment; i "Encourage revitalization and reinyestment in propenies." in panicular for multifamily propenies that are aging enough to require capital resen'e expenditures (per the Muhifamill. Residential CPA). l" "lncentivize revitalization and reinvestment in properties." > Facilitate the improvement and/or addition ofamenities including meeting spaces, fitness and/or spa facilities, lobbies.... landscaped areas, et cetera. i Facilitate the improvement and/or addition ofbuilding improvements. ... entry and arrival features... r "Provide the ability lo offs€t revitalization and reinvestment costs by considering increases in floor area." > "Create a compact. clearly defined and well-connected To$n Core." ), "Consider long-range goals and communily needs as a whole when making specific land use decisions. Nlake decisions that besl serle the resort and the community over the long term." Chapter 8. Transoorlation: z "Req uire that new development and redevelopment project the number of person trips generated by $eir application, and present altematives and strive to achieve a zero growlh r:tle in lraftic volume in the peak periods." ,. "Comprehensivell link land use / employee housing decisions uith mobility options.,. 12-04-17 TC Packet Page 70 of 223 ln addition to demonstrating compliance with the provisions of sc!ll!r! I6-\'.{j l!0(c), 'General Restrictions,' and with all other applicable provisions ofrhis Code, a proposed PUD shall also comply with the following review standards. Page u of 29 70 Staff Findings and Recommendrtions: lhe prior recommendations for a sidewalk and €nhanced landscape buffcr along the site's entire \\'ood Road frontage would be in line with the Comprehensive Plan policies, as rvell as the revierv standards for mitigation, considering the increase in parking and traffic together nith the proposed allernative parking plan. Planning Commission: There was no a8reement with lhe staff recommendation for a sidewalk along \\'ood Road as it was felt such a rvalkrvay rvould be oul ofcharacter with the neighborhood. (21 Prcsenation of communiO' charactet. The detelopment proposedJor the PIrD shall be consistent n,ith lhe stamlar.ds of}'JcrioU 10.1,-1-J.tl). Building Design Gui<lelines lo Ptese e ('onh ni\,Charocler, shall be compatible v'ilh. or an enhancemenl oI. the characler ofcxisling lancl uses in the area qnd shall nol adrersely offect theluture detelopmenl of lhe surrounding area StaffComments and Recommendations: The Applicant has sufficiently addressed the review standards for building design guidelines penaining to the three-pod building additions, the new anival building and the re-adaptive uses for the exisling arrival building. Staffpreviously recommended thal the expanded easterty carport structure be designed with more lhan two erterior finishes to match the design and extcrior cladding lreatnrenl on the buildings. A stone cladding base is now proposed. The same recommendation applies for the rvesterly placed parking structures. Planning Commission: There was general agreement \tith lhe stafffindings and recommendations (3\ Crestive opprooch The developnent prcposed.for he P(lD reprcsenls a crcalbe approoch to the .letelopment qnd use ol lotrd and rclaled pb sical facililie$ lo produce beller .letelopments and to p, oride omenilieslor re$idenls ofthe PltD and the public in general. StaIT Fillding: Creative thoughl $as emplo]ed b! the Applicant in cfforts to limit the percentage ofsite disturbance or the existing 'as-built' conditions significantly by the proposed new additions. Planning Commission: Decision makers have discretionary revierv over such proposals. 1hepieceofland to the t\est oflhe existing Enclave buildings became unencumbered rvhen the Wood Run Lift and easement was abandoned and e\tinguished and therefor qualifies as a unique and exceptional circumstance. An approximate I20 foot separation distance between $e proposed building additions and the existing closest neighboring property to the south as proposed seems suflicient for a buffer, which assists in lessening the visual impacts. l4l Londscoping. Proposed londscapingfor the PliD sholl provide suflicient brffiring ofuses fron one another (both tilhin lhe PltD an.l be*een the PliD und surrounding lands) l<t minimi.e noise. glare aml other odverse impkls. shall cteole ollraclire streetscopes and porldng areas (enphosis qd.le and shqll be consistent v ith the chat'acter of lhe T ovn StaffComments ond Recommendations: Per prior comments, stafffinds and recommends that the proposal oughl to provide an enhanced, high qualig and dense landscape bulTer along the Wood Road frontage. per the standard highlighted above, and as mitigation for a setback reduction proposed for the easterll carpon strucrure expansion. An enhanced buffer would also provide improved screening for the Enclave next to the planned denser Base Village development across Wood Road. Page 18 of 29 12-04-17 TC Packet Page 71 of 223 71 Plnnning Commission: It lvas noted that a detailed landscape plan was deferred to the Final PUD stage by Town Council Resolution 4, 20l7; and the proposed landscape plan with a tree removal and mitigation plan, adequate for a preliminary plan level ofreview, should be further refined lo add and identi& plant material and spaces for ground coverages and types, shrub bed areas, decorative boulder walls and automatic inigation together \vith dense planting buffers (showing plant material at 5-year gmwlh). Staff: Reference the next section belo\\ in this repon for comments and recomntendations. (61 Suitobilio lor derelopment.7he prope l proposed for the PUD shall be lttitable.fot development, considering its lopogt'aphv, environmentol fealures and anl nalural or non-mode ha:otuls lhdt dffect ils development polential StrrT:-lhisstandardisbeingmel$ithlheproposal. Also see the comments in the next sections belo\'. (7| Spotiolpo en shqll be elrtcien| The PliD shall be locate.l to qroid Ueating spatiql pauerns thol cause inelficiencies in the deliteru olpublic services, or lhdt rcquirc duplication or prcmqture extens ion of pub I ic laci I it ies. a. Roods. An7 nev road deteloped to sen'e the PliD sh(:.ll be conlimeus qnd in olignmenl $ ith etisring plalre.l slreels to rvhich the streel is to be connecled. lfhere qppropriote, nev slreels shall be planned so thal lhe)'can crcalc an i erconnected Toin road netuork, vith protisionlor odeqttate rood qnd ntilitt eqsemenls. ll'here cul-fu-sqcs qre used in the detelopment, the opplicont is encouroged to provide a toil ot $inilqr pedesl qn lin* beween lhem. b. lfsler ond sever lines. -1n) vdter or sever line extension necessory to senu the PliD shall be consistenl vith lhe Snan mass ll'ater and Sanitation Disticr's sen/ice plan and the To.*n3 Comprehensive Plon. Strff Recommend{lion: A sidervalk should be provided along the entire \\rood Road frontage to provide conrinuity. convenience, safety and connectivity wilhin the area for the benefit ofthe residents ofthe Enclave and for those within its vicinity. The plans should be consistent with the civil plans and Wood Road improvements for the adjoining developmenl. Transponalion has recommended that the bus stop area be opposite ofeach other lo allow for shultle bus tumaround al this point. The Applicant's Supplernental Addendum No. 2 dated June 19, 2017 sulficiertly addressed the transit comments. The Applicant should also compll uith lhe conditions in the Snorymass Water and Sanitation District's "Will-Serve" letter in panicular regarding lhe relocation ofthe major sewer line (where the rhree building pods are proposed). Page 19 of29 Page 72 of 223 {51 Comt U tilh .let eloprrrenl evalualion slondods The P LtD shall comply vith all applicuble pro|isions of,.lrticle ll ol this Development Code, I)evelopmenl L,vdludtion Slqndords Planning Commission Recommendfllions: There was not agreement on the staff recommendal ion regarding the provision for a sidewalk along \\'ood Road. Any private and public easements, including the construclion easemenl for the bns shelter aIld transit stop shatl be completed, executed, granted by separate documents and recorded by rhe Applicant with copies delivered to the Town p.ior to issuance ofa building permit. 12-04-17 TC Packet 72 {81 Phosing lf the Plrl) isto be developed in phoses. then each phose shall contdin the requircd strcels, ttilities, londscoping uncl other public Iocilil ies or improventnls lhat are necessa\ and desirohle.[ot rcsidents o/ the projecl lf the PL]D incorporates anl ameniries-fbr the benefit of the 7 o$ n. such qs troil connections, these shall he constructed tithin the first phase of the prcject or. if thisis not possible, thenqsea J'in the project qs is reqsonoble. fhe pace and phasing shall ba evaluatetlv'ith reganl to cowtnction impacls alongwith possible inlerruplion ofconstnrction q:t il rould oflect the commwil) .ts u thole StaIT Comments rnd Recommendations: lheprojectwill likely be built in one construction cycle, but the Construction Management Plans (deferred lo Final PUD) should show the construction slaging. storage. phasing thereof and the time frames for each phase throughout the entire process. ln addition, the CMP plans should require opaque fence screening for the construction staging and storage areas visible from surrounding prope.ties or Wood Road including a restoralion plan for dislurbed areas. Also, ifconstruction staging and storage occurs on the existing parking area" then the applicant should address horv the parking for the residences lvould be provided during the period ofconstruction. Planning Commission Recommendation: As the CMP drawings, outside ofthe CMP text provided in the application, were deferred to the Final PUD stage by Town Council Resolution 4, 2017, the Applicant will provide more detail at time of Final PUD submission regarding environmental impacts such as, a) hazardous material managemen! b) storm and sediment control, c) fugitive dust control, d) site-tmined personnel response to hazardous material spills, and e) the cleaning ofconstruction vehicles. 19) Conslruction i erruplions The devlop,nent application sh.tll provide a reasonahle resloralio dnd or renedialion conlingenc) plun lo mitigore inpacts res ltinglt'o dry potentiul eilended inlerruption ofconstructiot affectin{ the coum ni\' as a vhole. Sureq' or secu 0 mq. he necess.tr)' lo ensure implemcntution of the plan. Staff: Again, lhe project will likely be built in one construction cycle. The applicant should not be able to obtain a Certificate ofOccupancy for the building additions until all other impmvements (employee housing. amenities, landscaping) are completed. Any construction intenuption would likely disrupt the Enclave complex more so than the community as a whole. Staff finds that this should be an incentive for the applicant to complete the improvements as soon as practical, Planning Commission: There $as no dispute in regard to the staffcomments above Article IV, Division I. - Protection of Environmentally Sensitive Areas Se<'. 16.4-4-20. - Sensitiee wildliJe habilat oteas. StalT: This crireria does not appll in rhis case. Sec. 16-4-1-30. - Brush Creek lmpaa Area Saaff: This crireria does nol appl) in this cas€. Page 20 of 29 12-04-17 TC Packet Page 73 of 223 73 Sec 16,4-110. - Floodplain qnd tellond oreas. StaIf. This criteria does not apply in this case. Sec. 16.44-50. - Geologic hawrd areos, steep slopes ond ridgeline proleclion areo,. StafT: The Enclave site is located on propcrty containing slopes with lcss lhan 30 percent gradient Article lV, Division 2. - lmprovements Standards Sec. 16A-1-210. - Slreels and rclote.t imprcwmenls. StrffComments and Recommerdstions: The transportalion impact report stales thal the LevelofSeftice would remain at LOS 'A' along Wood Road despite the increased number of dwelling units, parking, tramc and turning movements. The standards for road design (per Table 4- l of the Land Use and Development Code) includes a minimum shoulder width for roadways, but not a sidewalk. Howeveq sidewalls as a public improvement, which is recommended, appear encouraged via other development review standards in the municipal code and pursuant lo the Comprehensive Plan policies. Planning Commission Recommerdsaior: The Planning Commission does not agree with a provision for a sidewalk along Wood Road as it would be uncharacteristic ofthe area. Sec. 16.4-4-220. - Public lmils. Stoff: This criteria does not apply in this cas€. Sec, 16.4-4-230, - ll'qtet suppl)', sett'uge disposol, solid i'osle disposol und utilities- Stalf: The Snowmass Water and San itation District provided a Will-Serve letter dated February 16. 201 7 with conditions (see Attachment 'A'). In addition, a main sanitary sewer line will need to be relocated on the west side ofthe propeny to accommodate the proposed additions. Planling Commissior RecommendrtioD: The Applicant will create a level, flat grade for access by trash trucks of bear-proof dumpsters and recycling containers ofa number and size satisfactory ao lhe Town's Public Works Depanment. Sec. 16,4-1-210. - Fire prolection. St8ff: The Snowmass Wildcal Fire Protection District indicated that their initial revi€w found a much improved fire access for the entire complex including lhe newly proposed additional buildings/units. The SWFPD staled that the pFposed impmvemeots, as indicatcd on this prcliminary plar, do not hamper the ability ofthe SWFPD lo providc emergency services to lhc Enclave complex, iaehrdir4ppy[lggl the nced for a smooth grade transition from the new Wood Road improvement to the rcsurfacing ofthe driveway entrance. See attached review comments dated January 19, 201 7 and July | 2, 20 l7 ( Attachment 'A'). Page 21 of 29 12-04-17 TC Packet Page 74 of 223 74 Plaoning Commission: The Applicant shall worl( with the Snowmass-Wildcal Firc Protection District (S\\'FPD) to demonstrate and achieve emergency access that is a smoolh noninterfering transition between Ihe replacement enlD xay driveway and the new wood Road public improvements. Sec. 16A-4-250. - Storm drainage. StsffComments and Recommendrtions: Ifthe sidewalk is required along the Wood Road f.ontage, il will likely require regrading ofthe drainage swale along the frontage and the relocation or extension ofthe drainage culvens in the area. A drainage report was required to anallze the effects from the new impervious parking and roofsurfaces as well as the adequacy ofthe drainage swale capacity along Wood Road. This included details on the dry well relocated from within the Wood Road right-of-way to inside the prope.ty line on the Enclave site. Planning Commission Recommendotions: The Applicant shall clariS with the Snowmass Water aod sanitation District the appropriate and required conneclion ofthc parking drain system and the sand / oil and grease separator. Following the review ofappropriately detailed civil plan drawings, a dewatering permit should be submitted by the Applicant as determincd by state guidelines. other Environmeotal Related lssues. In accordance with the Environmental comments attached (see Attachment 'A'), the following supplemental information uas submined by the applicant to address that: a) A subgrade ventilation system would be determined during rhe construction document phase to inco.porate a carbon monoxide triggered sysrem; intake and exhaust air locations were identified:b) A Fugitive Dust Control plan should be submined wilhthe {inal Clvlp:c) Application for a Dewatering permit from the State would be requiredld) A complete set ofdesign criteria for collection, retention and discharge points for mitigation ofdrainage impacts should be provided: (The Appricanr's supprementar Addendum No.4 received August r6 wai PaBe 22 of 29 12-04-17 TC Packet Page 75 of 223 ln addition to surface drainage. the mitigation of underground drainage and uater movement should also be designed into the proposal and as part ofany construction plans submitted with a building permit application. According to the geotechnical reporl in the application ihe following recommendations were included that should be complied rvirh: a) Cround wate. that is perched on lhe bedrock should be mitigated with excavation retention and possibly dewatering systems at time ofconstruction and for below-grade areas ofthe buildings; b) The excavation retention systems *ill need to have adequate capacity to collect groundwater flott at the site: c) Soil nails or micro piles might be needed as appropriate retention systems during conslruction: d) Perimeter foundation drains ar€ recommended forall below-grade areas in the buildings; e) A drain system should be required under below-grade floor slabs; 0 Slabs should be separated from footings and column pads with slipjoints which allorv free vertical movement ofthe slabs; g) The repo states that "surface drainage is critical to the performance offoundalions, floor slabs and concrete llatwodi." Therefore, surface drainage should be designed to provide for rapid removal of surface water away from the buildings; h) A geotechnical engineershould check the densirl" and moisture contenl ofthe structu.al fill during placement. 75 revierved; see atlached comments from the Town Engineer dated September 25,2017 - Attachment 'A'); e) Delails should be provided such as an underground parking drain system, oil and grease sepantors and confirmation that there is no direct connection between storm and sanitary sewer systems (also included in Supplement No. 4); fl Mitigation ofnoise generation should be addressed in the Final CMP; The Applicant plans to comply with the Town's noise ordinance for construction activit) including times ofoperation; g) More detail regarding impacts such as hazardous material management, storm and sediment control, fugitive dust control, sile-trained personnel response to hazardous material spills and cleaning construction vehicles should be submitted for review. The Applicanl plans to comply with the Town's Ordinance 12, 2007 regarding its to\rn-wide CMP standards prior to consruction. Planning Commission Recommendstion: A Fugitive Dust Control Plan (FDCP) should be submitted following state guidelines. Carbon monoxide or oxygen level delectors should be provided inside the nerv bclow-grade garage. Sec. I6,4-4-260. - Easerner characTeristica. Planning Commission Recommendationr An) private and public easements, including the construction easemenl for the bus sheher and transit slop shall be completed, executed, granted by separatc documents and recorded by the Applicant with copies delivered to the Town prior to issuance ofa building permit. SeL'- 16.1-1-270. - Sun'ry ,flonunte ls. StrIh The Enclave site rvas previously platted so any new or relocations ofeasements should be accomplished b] separdte documenl- Article lV, Division 3. - Site Design Standards Sec. 16..1-4-110. - Oll-slreet porking slandards. StrtT: Reference the comments and recommendation under the PUD Revie\l Standards. item(8) Parking Sec. 16.4-1-320. - Londscaping, groding and olhet design srondardlr slrlT: Reference the comments and recommendations under the PUDRerie* Standard item (4) Landscaping Sec, I64-1-330. - Enetqt .t'n\ett'otiol. Strff Comments 8nd Recommendetions: The proposed building additions are oriented to take advantage of vie$s and to optimize sunlight access. The buildings will likely cast shadows onto wood Road in earlier morning and later afiernoon hours during the winter months. Having a sidewalk with curbing (also to better direct drainage flows) along wood Road would further protect pedestrians walking in the area as a resuh of possible shadow impacts. Page 23 of 29 12-04-17 TC Packet Page 76 of 223 Strff: Release and re-grant ofthe private easement will be needed for any planned relocation ofutility lines. 76 SeL'. 16.4-1-340. - B ilding design guilelines lo preserte cornmunit). chotoctel lliex's. Buildings shoul.l be oriented to toke adtontage ofievs anl viev cotidors, and to.frane viets and enclose open space, but shouldalso presen'e imporlant sight lines. overlooks und lundmar*s as ieved/rom public' roathtuys ond other public spoces, unLl as ievedlrom wighboring dewlopmenrs. Brildirys sholl be located lo complf vith the proisiors ofly4!1L!!L!11(fi, Ri dge I i ne P rot ec, io n,1 t e os StslTFindings snd Rccommendations: The Applicant ha5 su{Iiciently demonstrated through their drawings that the proposed building additions comply with the site integration, complement land forms, scale and mass, building materials and the climate/solar orientation criteria in the municipal code. The main test is compliance with the 'Views' standard noted funher above. The applicant should demonstrate that impo&nt sight lines from neighboring developments has been achieved, and the Planning Commission found that rvas the case in their evaluation review and findings (see attached signed Planning Commission Resolution No. 5, Series of 2017). Srafr believes the lowering of the building to achieve a marimum building heighl at 8493 feet (as proposed in the Applicant's Supplemenl Addendum No. I dated June 14, 2017) could improve potential concems with important site lines from neighboring properties, however the roof portion ofthe project at minimum ryould be yisible. Also reference the slaffcomments and recommendations under the 'No Substantially Adverse lmpact" standard (under Anicle V, Section 16A"5-390) further above for an 'Amendment to a Final PUD.' In addition. the Snowmass Mountain ridgeline would not be impacted as a result ofthe proposed building additions as viewed from Brush Creek Road. Article IV, Division 4. - Standards for Restricted Housing Sec. l6A-4-110. - Restricted housing requitenenls. StaffCommcrlts snd Recommendstions: The proposal qualifies as a redevelopment proposal under the municipal code. The details ofthe calculations are provided in Exhibit ['l ofthe application. The applicant received a I l5 percent credit for the pre{erelopment (or pre-additions in this case) employee genemtion rdte. This is subtracted from the pos! development employee Bener.tion rate. These calculations incorporate the cunent requircd 60 percenl mitigation rale. ln the crd, the required employee housing for the redevelopment pmposal and additions alone is 44"51!! squar€ feet since the net souar f*t'for-s"le' "rolon"" ,nit "s "r"nded O"tob.r 30. 2017 d"soit" th" en"losed p.oosed d.cks on the ,oo., levelofrhe units. The application also carries forward the rcquired tOo squarc foot namger's unit which is being replaced within the renovated existing anival building among two other employee units. The overall proposed provision is +S38?,!'5Q square feet ofemployce housing (in the rEnowted existing Anival Buildings and in the new 'for-sale' emolovee unit in the oruoosed buildine pod addition). which is above the iotal calculated redevelopment rcquirEment of{+1,+59EE square fe€t (2-l-lS_!!E + too SF). slaffrecommends lhat lhere is a potenlial e\lra space within the proposed nerv Arrival Buitding to add another employee unit or'conference room' if additionaljustification is needed to varl the development parameters on Page 24 of 29 12-04-17 TC Packet Page 77 of223 77 the site as proposed (buildoutrUE. setbacks. etc.). However, a'conference facility'(versus an accessor)' confercnce or board room) is prohibited in the proposed underlying 'MF' zone district. At thc August 16,2017 Planning Commission meeting the Applicant proposed a restricted resident-occupied unit on the lower level within the building addition proposed for five free-market unit. There are no code standards for restricled 'resident-occupied' unis, and ifaccepted. then such standards should be created within the proposed Restricted Housing Agreement required rvith the Final PUD application. However. The Applicant has since nrodified the profnsal to add theE?2 square foot'for-sa!@ee unit in lieu thereof pcr the October 20. 2017 Amendment. is amendment to demonstrate! the rcsulting effects of the propos€d restricted *Ogmplegg unit (floor area changes, modification to the buildout numbers and unit equivalency, mass and scale, off-street parking demands and provisions, the parking supply ratios per unit and bedroom, open spacc revisions, reserved numbcr ofparking space for the employee uniLr and the restricted *qrnp.!S!gg unit;-ere*era). The Applicant should preoare a draft 'Restricted Housing Agreement' for Town review with the Final PUD aoplication. if the Aoplicant is permitted to proceed. to address municipal code standards regardins adequacv of floor plan amilreements includine exhibiB thereof, rental rates and sales nricine as determined bv the Town Council bv cunent rental rates and sale nrices of comoarable restricted unils within the Torvn. purchase and sale asr€emSnt orovisions. toeether with limine provisions such as the frge-market units in the nerv buildine pod addition on the Enclave site not receiving a Certificate of Occupg,ncv and/or being rented or sold to a third parly or purchaser until thp restricted emnloyee housine units (renBls and 'for-sale') have been issued a buildine permit. are under substantial construction and/or have received a Certificate of Occupancv. Article IV, Division 5. - Sign Standards Staff Recommendation: If the Applicant wishes to propose a new sign design or relocation, as might be needed with any improvements along Wood Road, a sign permit should be submitted by the Applicant demonstrating compliancc with the town municipal code for review and consideration by the Town's Communit-v Development Department. Planning Commission: There was concurrence with the slaffrecommendation. Proposed Re-Zoning to'Multi-Family' (MF): Article l', Sec. l6A-5-220. - .Amendments to Official Zone Dislrict Llop. k) Review Slandards. An upplication.for un umendment to the Otficial Zone District lltap shatl compls' vith the.follorting stondards and. v'henever applicable, shall olso compl-v' with the standards ol",\._:.t_U:tlt, !: j-_:-:110. Reviev Standards.for Re:oning o/ l.unds Z-oned Open Space or ('onservation. According to Section l64-3-30, 'sratements of zone district intent,' subsection (5)b for pUDs stales that the PUD zone districl may no longer be utilized as a basis for a rezoning and exists Page 25 of 29 12-04-17 TC Packet Page 78 of 223 78 Planning Commission: There was concurrence with the staff recommendation ,,llso, pursuqnl lo the 'Prelininarl plan Seclion 16.1-5-310 ofhe code. "lhe opplicationfor subdi|ision or , eroning slull be vbmitted vith, s l considered ql lhe same lime as, lhe preliminary PllD plan retiev." Ilarcrer, a re:oning dacceptedvoultl not be adopted until the f-inal PLID slqge retie$ vilh qn ordina ce. While the Enclave project proposes no commercial uses, other than ancillary business/professional offices and some association sen'ices, the proposed 'MF' zone district is consisient or compatible with adjacent zoning or uses and does not change the character ofthe area. Plsllning Commission: There was agreement on these matters with the staffcommelts. interpretations and recommendations. Tqble 3-2 'Schedule oJ Dimensionol Limitatio,ts' in lhe llunicipol Code. For comparison or contrast purposes. belorv are the developmenl parameters for both a 'Multi-Family' (MF) zone and lhe proposed PUD Amendment: Calegory Proposed PUD Amendm€nt N{inimum Lot Area J.000 sq..t. ' 1,500 sq rt. per dtelling unit per bedroom + 500 sq ft.for e ac h addi t io nal be droon 176,597 sq. ft. site area; Minimum size requircd per proposal is ]{6$00!Q!!QQ sq. ft. for the free-market unit ( I 12.000 sq. ft. overall) Nlinimum t.ot Width 50.feet NIet rvith current site PaBe 26 ol 29 12-04-17 TC Packet Page 79 of 223 onll as described on the omce Zoning Map....and as stated in the land use plan ofan existing approved PUD. StaIf (lomments and Recommendaaions: Stafffinds that since the proposal is seeking new development. the propcrty needs re-zoning to a recognized zone district under the municipal code. St.f[ Comments and Recommendations: The Application proposes a 'MF' zone district for the property. This zone district allows multi-family dwellings. dormitories, and a manager's unil / restricted employee housing. 'Conference facilities' are prohibited in 'MF' zoning. If it rvere allo*ed, a conference facility must be directll associated \ ith a hotel/lodge or multi-family use. The potcntial for a future 'conference room' in the new Arrival Building could be interpreted as an ancillary use to the project provided it is not leased. advenised or used as a'conference facility' enterprise. Commonly orvned. above-grade. detached garages for three or more vehicles are allorved in 'l\4F,' and the Enclave was already approved (in their currenl PUD) for these facilities that currently exist. 'llF'lone disticl Requirements 79 Minimum Building Setback Set by adopted suh.lirision plat ot PllD plan l0 feel (nonh and east sides) Maximum lleight of Principle Building 38 feet Sanre Nlaximum Height of Accessory Building lSleet Maximum 18 feet for carport structures Minimum Percent Open Space 54 0,'o Ma\imun Floor Area or Fbor Area Ratio (F.A.R.) 0 75:l 0.51 : I StaffComm€nas and Recommcndations: The PUD Amendment application meets th€ standards ofthe proposed underlf ing 'MF' zone district. For the 'MF' zone district the Enclave would be allowed 132,313.5 square feet offloor area on the l76,4lE square foot (4.05 acre) sile. The existing and proposed conditions envision 8& +E9.l!0 square feet of floor Erca. Stafffinds and recommends lhat a'MF' zone district would suffice for thc site as the exisling floor area of 67,983 square feet 8nd the pmposed ne\,y floor area of?0+7821.381 square feet (prinaril} due to lhc deck enclosures on thc evel rn t he nronosed hui tdi nlltldi well within the 0.75: I FAR maximum, or 132,313.5 square feet. Again, a rezoning would not be oflicially adopted until the Final PUD stage re\ ier\ via an ordinance action. Plannillg Commission: There was concurrence with the staffcomments and recommendations above at the public hearings regarding the PreliminarJ- Plan Review Standards regarding amendments to the zone districl map. Article V, Sec. l6A-5-220. -'Amendments to Oflicial Zone District Map,' Subsection (e), Review Standards. ll, Consisten, r,ilh Comprcheasiw Plon. lhe proposed amendnent shall be consislent i,ith the Ton n ofSnarmqss l'illage ('onprehensive Plan StaffCommctlts: Chapter 7 ofthe Comprehensive Plan states that the Enclave lvould be part ofthe Multi-family-Residential Comprehensively Planning Area (CpA) that includes the older (?5 years and older) multi-family residential properties held in condominium ownership that are locared within the Town. Some ofthe key objectives for this CPA include Encourage r€vitalization and reinvestment. including remoders and minor redevetopnrent-oriented commercial uses: 2. Incentivize retitalization and reinveshent. including remodels and minor redevclopment; -1. Facilitate the improvement and/or addition of amenities: Page 27 ol 29 12-04-17 TC Packet Page 80 of223 80 4. Facilitate the improvement and/or addition ofbuilding improvements, such as e\terior finishes and arrival features: 5. Offset revitalization and reinvestmenl costs by considering increases in lloor area. staff Recommendation: The decision makers may make a finding that ihe proposal is consistent rvith the Comprehensive Plan policies. (2) Consistent $ith ptrposc ofzone disticl The proposed amen lment sholl be consislenl \vith the puryose of the :one dish ict to vhich lhe properq vill be designoted. StaffFindings {nd Recommendrtions: The intent of the 'Ml:' zone district per the mun icipal code "is Io allow for the development ofa range ofhigher density residential uses and appropriate accessor, uses." staff finds that the Enclave proposals falls within the intent of the 'lt'lF' zone district. (3) Conpotibilit)' \t ith surrouruling zone disticls and uses. The developmenl permitle.l b) the proposed amendment shall be conpatible rilh surrornding zone clisticts, lond ses o d ncighborhood character and shall result in a logical and orderly deteloryent polleru vilhin lhe orerall con nrunil)'- StafI Comments sod Recommendations: The proposed 'MF' zone district might be in similar character Nith the adjacent Base village development and more so with the surrounding neighborhood and zoning to the south and southwest. Staffrecommends that a finding may be made in thai regard. (11 .\:ssssttr, .7'.rmstonces. fhe appliconl shqll de onslrale thal lhe lolloving citamstances q. Error. l here hos been a lechnicql error inlhe boundaries sho$'n on the Ofrcial Zone Dislrict llap: or This criterion is not qpplicqble b. Chonged contlitions There have been changed conditions aflecting the sfijecl porcel ancl lhe surrounding neighhorhood that justily the proposed amendment; ond The changed condition vould be lhe proposed odditions thdt ,rigger a re:oning of the properq'ftom the prior 'PltD' :oning as requircd bl tle municipal codc. c. (-onmuniq' need. l'he proposed omendment a&lresses and helps lo resolw a communily need that is documenled in ot is consislenl vilh lhe inte of the (onprehensive Plan_ StaIIComments rnd Recommeltdrtions: The proposed PUD Amendmenl might be able offer acceptable 'community purposes' forjustiSing variations that may double as a community need as well, such as providing employee housing beyond that rvhich is required and,br an exceptional finished streetscape presentation. Overall, slaffrecommends that the decision maliers may make a findilg that the review standards lo rezone the property to 'l\,lF' have been met. Page 28 of 29 12-04-17 TC Packet Page 81 of223 81 Planning Commission Rccommcndalions: Overall, there was concurrence with the staffcomnients and recommendations above at the public hearings regarding the revie* ofthe proposed rezoning ofthe Enclave site to 'N'lF.' ln \thole, the Planning Commission recommends that the Town Council approve, with conditions, lhe Enclave Major PUD Amendment Preliminary Plan and re-zoning to 'MF' spplications, for a preliminary plan level ofreview, relative lo the core issu€s and upon final review ofall topic arcas, and to allow the Applicant to proceed ao the Final PUD stage, without referral to the Planning Commission for review, subject to implementing the conditions in Section Four (oftheir Resolution - Attachment 2 ofthe staff cover memorandum). AI-TA('II}IENTS TO TIIIS RT]PORT: A: Evaluation R€view Commcnts received from Tovm Departments, Consultants, Referral Agencies and Districs. uodated to includM;and B: Public Commcnts receivcd and addressed to Town Council as ofthe wdling ofthis report [sbded-eSai! f<rr the oublic record and uDdated to irclllde additional comments rccei since the last meetine. ATTACHMF,NTS INCORPORATED BY REFERENCE: > Application Matcrials deemed compleae on February 28, 2017 for referral and review after the initial submission on November 29,2017:, > Supplemental Addendum No. I dated June 14, 2017 (revision ofbuilding heights); > Supplemental Addendum No. 2 ofJune 19, 2017 (lr updare ofcivil drainage plans); }; Supplemental Addendum No. 3 ofAugusl 10, 2017 (updatcd landscape plans, eascments, solid waste plan, environmental quality replies); and lSupplemental Addendum No. 4 dated August 16,2017 (2d update of the civil and drainage plan package}: and )> Suoolernental Addendum No.5 dated October 5.2017 (3duodate ofthe civiland drainase repon). Note; Pmposed Amendment for a restricted 'for-sale' emololee unit { l" le\el onl\ $ilhio buildins addilion) presented and accepted bv lhe To\rn Colncil for oncoine review on Nov€mber 6. 201 7 in lieu of the restricted 'RO' free-mal&et unit ei]€ve].€nltl|#ith,ii-Mdi€'addi@ prcsented ,s an am€ndment by th€ Appticant 8t the August 16, 2017 Planning Commission public hearing. Page 29 of 29 12-04-17 TC Packet Page 82 of 223 82 ATTACHMENT 'A' Staff Report Analysis tudtlfibW*n h4 lt February 14,2017 From: Matt Raper Black Hills Energy 0096 County Rd. 160 Glenrvood Springs, CO 81601 97 0-928-0407 To: Randy Henrie, LEED AP Z-Croup Architects. P.C. 4l I E Main Street, Suite 205 Aspen, CO 8l6l I Email: http://wwrv.zgrouparchitects.com./ Phone: (970)355-97 7 3 I 97 0-925 -l 31 I RE: Enclave Condominiums Property-360 Wood Road- Dear Randy: The above mentioned development is within the certificated service area of Black Hills Energy Black Hills Energy has existing natural gas facilities located on or near the above mentioned project. At this time it appears that these existing facilities have adequate capacity to provide natural gas service to your project, subject to the tariffs, rules and regulations on file. Any upgrading ofour facililies necessary to deliver adequate service to and rvithin the development rvill be undertaken by Black Hills Energy upon completion ofappropriate contractual agreements and subject to necessary govemmental approvals. Please contact us with any questions regarding this project, and with a timeline ofwhen you would like to proceed with your project. Sincerell. Man Raper I Construction Coordinator I Black Hills Energy I \1ltt. rirpcr ( blircLll ill\er)rp.colll 1970-928-0407 | 12-04-17 TC Packet Page 83 of 223 83 From: lohn Mele [mailto:JMele@swfpd.com] - SNOMWASS WILDCAT FIRE PROTECTION DISTRICT Sent: Thursday, July 73,2017 7:54 AM To: Jim Wahlstrom <JWahlstrom@tosv.com>; Julie Ann Woods <JWoods@losv.com> Cc: .Jim Gustafson <Bus@zgrouparchitects.com> Subiect: FW; The Enclave Association lmprovement Application and further review Jim, After funher review of a now more detailed application for the Enclave Condominiums we have some concerns for emergency access that need assurance for the future. As the attached video shows, the access to the Enclave Condominiums is slightly compromised at this date as our mid-sized aerial ladder truck scrapes the pavement as it enters the complex drive. Damage to the outri8gers ofthe aerial ladder from this road access point is not a condition we wish to ignore for equipment safety reasons. ln addition, our 100'foot ladder tower truck will not make this road to driveway transition. An Enclave Condominium fire could easily require the aerial reach of such fire apparatus for adequate fire protection due to the buildings "set back" position on the property. we know that some changes will be done to wood Road in the future that may or may not be the "Applicants" responsibility. However, the application before you also suggests that the existing driveway to the Enclave condominiums, off of Wood Road, will be torn up and replaced with a new snowmelt system and drainage swale at the bottom. The.e are a couple of variables here that could have major implications for future fire truck access to the Enclave Condominiumg. lf the new Enclave driveway replacement is just an inch or two higher/lower,... the wood Road replacement just slightly hiSher/lower,... or the drainage swale at the lower portion of the Enclave Condominiums driveway is altered in the wrong way. our ability to access and provide adequate fire protection could be compromised, delayed, or oonexistent. We are supportive of the application in principal but we need some assurances that after completion of all the variable road improvements to the Inclave driveway, where it connects to Wood Road, we have proper road clearance for emergency vehicles to access the complex without compromise to the upper proposed circle platform where the fire hydrants and fire department sprinkler connections are located This should be a condition of the Enclave Application before you. I have notified the concerned parties of this emer8ency access concern and we remain available to help solve the problem. l'm sure we have their attention to the matter but lo date the solid assurance is still open ended. We believe a condition of approval for this proiect should be based on the ability of the Snowmass-Wildcat Fire Protection District to properly access the tnclave Condominiums with the appropriate fire apparatus to do the job. Thank you for the opportunity to comment and we will be in attendance at the planning Commission meetinB on the 19'h ofJuly. John T. Mele Fire Marshal 12-04-17 TC Packet Page 84 of 223 84 IO: subF: rOhN MEIC - SNOWMASS.WILDCAT FIRE PROTECTION DISTRICT )m WahErrcm C,E@zgI!!!ArC$eA5.!q@, Frank Rud€roff TIE E Ehve Ars6iauoo lrnp.ovement Apdkitan Thursdry, J.nu.ry 19, 2017 7:02:56 r[4Date: .iim, This letter is to document that the Snowmass-Wildcat Fire Protection District has reviewed preliminary development site plans for the Enclave Condominiums that are dated November 29,2016. This initial review indicates a much improved fire access for the entire complex including the newly proposed additional buildings/units. These proposed improvements, as indicated on this preliminary plan, do not hamper the ability of the Snowmass-Wildcat Fire Protection District to provide emergency services to the Enclave complex. We look forward to further review of the final application when it becomes available Sincerely. John T. Mele Deputy Chief/Fire Marshal Snowmass-Wildcat Fire Protection District jmele@swfpd.com 19701923-22L2 12-04-17 TC Packet Page 85 of 223 85 Aga SNowMASS Wrren 6r Srmrnor Drttrttt Snorvmass Waler and Sanitation District 177 Clubhouse Drive PO Box 5700 Snorvmass Village, Colorado 81615 Fcbruary 16, 2017 Torvn of Snowmus Village Attn: Julie Ann Woods Community Development Departmenl P.O. Box 5010 Snowmass Village, Colorado 81615 Re: Provision of Water and Sanitary Seu'er Service to the Enclave Condominiums Inc., Minor PUD Amendment Dear Ms. Woods, This lerter is to confirm that the Snowmass Water and Sanitation District (S\YSD) has the capacity to provide \vater and sanitary service to the Enclave Condominiums Pmject, located at 360 Wood Road. All ofthe property contained rvithin the submission is within the Disrricr boundaries. Snowmass Water and Sanitation District does not cunently have the infrastructure to serve all aspects ofthe submission. The Enclave rvill be responsible for all costs associated with the project including the installation of all requisite facilities, as determined by the District, prior to the provision of u'ater and sanitary sen ice. Before proceeding with any construcrion SWSD will require the Enclave ro enter into a line exrension agrecmcnt in a fornr approved by the atrorney for the District and by the SWSD Board, and shall be made under rhe obsen'arion of lhe Districr Engineer. The District shall require the reservalion and dedication of eosements for the benelit of the District where the location of these 12-04-17 TC Packet Page 86 of 223 86 easements cao bc prcdetermined. Easements shall be in a form acceptable to the District's nuomcy and approved by the SWSD Board. Thc Enclave will need to provide an acceptable cngincered plan conceming thc proposed relocation of the sewer main, the rclocation of FH's and lhe watcr and scwer service line rcconnections before prcliminary approval is grantcd, Thc SWSD Districl enginecr will providc a detailcd rcvierv of the submission and approve the final design specifications for the required water and sewer infrastructurc. Design drawings shall reflcct proposed and cxisting water and sewer line profiles, alignments, sizcs, matcriols, services, valvcs, FH's, MH's and shall show existing and proposcd surface contours. The submittal shall include, but not be limited to, the estimated number of additional EQR's to bc served and any other information reasonably rcquired by the District. As pcr the District's Rulcs and Regulations, the Enclavc will be requircd to pay System Development Fecs prior 1o acquiring a TOSV building permit. We look forward to working with the Enclave team and the Town toward completion of this projert. Please contacl me with any questions. SNOWMASS WATER & SANITATION DISTRICT a Colorado special dislrict Kit by, cc Richard Goulding - richar de rfene.biz J im Gustafson - Bus@zgrouoiuchitecas.com 12-04-17 TC Packet Page 87 of223 87 TrOMi MATiANNC RAKOW5Ki _ FINANCE DEPT. ON FISCAT IMPACT ANALYSIS Senti wednesday. March 29,201711:10 AM To: lim wahlstrom <JWahlstrom@tosv.com> Sub.iect: Enclave FIA Jim, I have reviewed the Enclave revenue projections per the attachment that you sent me on March 27 ,20!7 . ln analyzing their projections, I used the most recent development assumptions (2015)from EPS that the Town approved during the Base Village changes for my evaluation. ln the Enclave Renovations, they have actually understated the revenue pro.lections for the following categories: 1. E!EiE|LB does not calculate additional property taxes to the General fund (S917) and to the Road Fund (55.970) in the amount of $lJqgz 2. EI[iUi!8 does not calculate any additional salestax revenue from retail or lodging to the Marketing/Special Events Fund in the amount of S9,!q09 3. EILiUILB uses an average RetailSpending amount of 5105 per person per day and a Capture Rate of 60%...however the EPS report used $125 per person per day and a Capture Rate of 50%, although the difference is only a net reduction in their revenues of (9351, lthought it was worth identifying. ln summary: Exhibit R shows additional annual revenues of S29,901 and one-time revenues of S15q@ TOSV analvsis shows additional an nual revenues of $!!!f!. and one-time revenues of s1s0.000 The Town's analysis shows additional revenues of S15,921 annually to the Town funds over the Enclave Fiscal lmpact Analysis Exhibit R. ln checking with the Town departments, they did not identify any annual expenditures related to this proposal, however, as it continues through the process, expenditures may be identified. Page 88 of 223 Your attachment is labeled Enclave Renovations/Addition - E&!E!!B and is dated 1/10/17. nhiannz Ralo*s6i ftnance Diredor /o v n of 'Sru n r m ass T//h17e ?O. Bor'soto tjo -Kearns Road Snoymans ^t1:trage, CO St1ti 12-04-17 TC Packet 88 TOr FROM: SUBJECI: DATE: *.*."o 3XOWll,A3iZr/a.c PlrBl ra woRrs rlFPARrMr'fu I ltN \1"\t ^sllt( )i\t ,\:{Nri ,\L\rl}tNs, l)lRIi(:l ()R ()1, PUBI.l(; \r( )RKs l,:NCt.,\\1,: i\1,!()R PUt) ,\lrriNl)\rriN'l - PRIit,t i\ N.\R\ fl,\N suBlll'l'I,\1, (a)r 7) .\PRII- 7, ?017 In addition ro the'form [iogineers & SGII's revieu commeots for the prelminary plan submittel for the Encleve trIajor PUD Amendment the following comments are being submitted by the Public \\'orks Depanmentl As part of the imptovements for the proiecr, a sideiidt from Building 13 (Base Yillage) to the entt nce of the Encleve needs to be inco+orated into this rcview ptocess. This is to supplement thc oadu'ork that is the responsibilig ofthe Basc Iillege Der-elopet. The imptovcments should be designed and eithcr coordhated to constructcd as pan ofthe improvements project or fr.rndrng set aside to be utilced u,hcn the \I'ood Road project takes place. 1'his sideralk imprcvemcot neds to tate into account the need for snorv remor.al aod storage, necessa5' rctarning udls and drainagc improvements. 2, CTIP .\. Cleaoing ofConstruction |ehicles - In addition to rnake sure that l.ehicles and the roadwal,are clean and free ofdebris, it rnay be requited to clem the adiacelt dnioage structures as a result of seshing the road*'ays to due mud being tracked. B. The follo*iog section in rhe CIIP needs to be revised to iricorporate a Right-of Wey Perlnit for any wo* to occur withia the hfilic Right of Way, oot an asphalt permir. 3.I2 , ASP}I{I,T INST,\IJ-\TION AND REPAIR Ifasphalt work occurs *ithio a fOSY Public Right of\r(,it the Contractor will obtained an Asphdt Pctmit fiom the TOSY pubtc works depanment befotc construction begins for the asphdt installation and repair. C. The Torn's Patk Department does not issuc a 'liec Remor.al and llitigation Pemit. .\ol modificatiods to the landscaping plan needs to be coordiflated through the Planning Department. D. The requircmeat fot a stotm veter dischargc pcnnit needs be resoh,ed ar prior to the Fmal PUD applicatioo. E- l1re solid rmsre malagemcnt needs to di{Icrcotid whcre thc con$tuction xzste will bc handled vetses the comphr waste. The construction r"aste plan submirtal is outsranding and nccds to be .eviewed and appror.ed.F. This plan is rzgue and funher developed to discuss the phrsing md coastntctioo ptans. Including a map with details of the ionstruction process md timing. ]7.I5 OWL CREEK ROAD. POBOX50IO. SNO\I'MASS VILLACL, COLORADO8I6I5(970) 923"5 I I 0 (far ) (97 0) 923 -3j94 \\ i)rt \ /, r,)\\.conr "rr*.tosr.com 12-04-17 TC Packet Page 89 of 223 89 3. Ciril plans B, (; C, D t:_ I; .\ll civil shccts nced to iodicate both proposed and existing easements. T'he plan need ro cross refermce to other reports and documents within the submittal package Furthcr detail on the dty*'ell thrt is located in the public right of way nee<ls to be prorided and a license .gre\em.'ot will necd to be reriewed and approval if this is an acceptable improi-emeot virh the Public fught of \(hv. 'I'[re bus stop 6nal details on Vood Road has not bcen relie\r'ed or approved at this point. The details for the improvements oecd to match bet$'em thc two projects. The towcr fo. thc improved East Carport area is ofconcem becduse it E'ill cause additional shading on \\bod Road. Fulthe! details need to be prorided regardiog the trash encloswe for the complex. This included size of the srtucture s'hich needs to dlou' for reqcling and solid *'aste containe$, access to the durnpsret (vertical clearance), uildlife mafligerneot mcesures and structue materiels and dctails. Cutreot\ it appears drat the containers arc undet a roofdeck and thete is not enough vcrtical clearance for the tefuse l'ehicles to access the cootaioers. The proposed sidewalh to the proposed bus stop on \i/ood Road mdes betveeo dnwings and needs to be tesolved. {. Dranage Study .\. -\ drainage srudy needs to be prorided fot rcvicu'arrd approral. This oceds to document thc cxisting conditions and tlre proposed imptovements and ho\' thel ha,'c been addrcssed. 'Ihank rou for the oppotrunig to rerierv the application lnoc lUartens Public \I'orks Di.rector ]71J OwL CRLEK ROAD, POBOX5OIO. SNOWMASS VILLAGE. COLORADO81615 (970) 921-5 1 l 0 Ua\) (970) 923-3791 r\r[L:.? k,5v.(orn \rr]$.(osv.com 12-04-17 TC Packet Page 90 of 223 90 SSGM MEMORANDUM Anne Martens, Public Works Director amartens@tosv.com CC: Ryan Gordon, SGM FROM: Dean Gordon, SGM DATE: October 10,2417 RE: Enclave Preliminary Onsite Drainage Report I have reviewed the revised Drainage Report from Roaring Fork Engineering, dated September 29,2017.ln that report, they have quantified the impact of the changes in the Enclave site plan on the downstream Base Village drainage facilities. There calculations indicate that the impacts are within the capacity of the 24" diameter storm drain in Upper Wood Road, the 72" interceptor storm drain running through Base Village and the water quality control facilities below Base Village adjacent to Brush Creek. I have briefly reviewed their calculations and find them to be acceptable. Therefore, this drainage report is accepted for the Preliminary Plan application. Even if there are no changes, a subsequent drainage report should be issued with "final" substituted on the title page. l18 W.61 5r, Sre 200 Glenwood Springs, CO g160l phone:97A945.10O4 Fox: 970-945.594g TO: 12-04-17 TC Packet Page 91 of 223 91 ESGM Ryan Gordon, SGM Dean Gordon. SGM September 25, 2017 The Enclave Onsite Drainage Report I have briefly reviewed the above referenced report, dated August 16, 2017. lt is not indicated whether this is a preliminary or final drainage report for lhe project. ln reviewing prior submittals, Town staff asked that the applicant's engineer show lhat the increased drainage Input trom The Enclave be shown not to negatively impact the downstream property user, Base Village. lt is noted that the Base Village provides drainage for the existing Enclave parcel. There are three componenls which will be impacted . 24" diameter storm drain in Upper Wood Road The water quality control facilities located below Base Village adjacent to Brush Creek. "The proposed reconstruction of The Enclave condominium site adds a relatively small impervious footprint in the grand scheme of the Base Village drainage basin which totals 490 acres." Anne Martens, Public Works Director UDE amartens@tosv.com eDrainage po(oc Phone: 97O945.1004 tox: 970.945.5948 . "This is a negligible increase in the Base Villages Master Drainage plan." VViile we all might agree that intuitively the addition of the improvements to the Enclave site most likely do not impact the Base Vifiage property, it is staffs position that the applicant must demonstrate that in a quantitalive manner This report fails to do so. Therefore. as presented, this Drainage Plan for the Enclave is not acceptable. 1004 I I 8 w. 6* St, Sre 200 Glenwood Springs, CO 8 I 60 I 12-04-17 TC Packet Page 92 of 223 TO: cc: FROM: DATE: RE: MEMORANDUM . T2" diameter storm llne running through Base Village The analysis appears to address these components as follows. I have quoted two lines within the drainage report: 92 ESGM MEMORANDUM TO: FROM: DATE: RE: Anne Martens. Public Works Director amartens@Lo-,s!!q Dean Gordon, Town Engineer March 17 .2017 Minor PUD Submittal Enclave lmprovement Project Please find my comments concernang the above referenced application. I have reviewed the following documenls: . Civil Engineering documents, sheets C1-C7 plus cover sheet labeled PUD Review and dated June 15. 2017. Air Ouality lmpact Analysis Report, prepared by AR Resource Specialists, dated January, 2017 . . Adequate Public Facilities Report, dated January 27 ,2017 . . Constructlon Management Plan, dated November 29, 2016. . Geotechnical lnvestigation by CTL Thompson, dated January 20, 2017 Comments are as follows: Generalc The engineered drawings, Adequate Public Facilities report and Construction Management Plan are very conceptual in nature There is very little specific detail provaded in any of these documents. They are sufficient on a preliminary basis but are not sutlicient for any approvals by Public Works for purposes of final approval or construction. lt is my strong recommendation that these drawings be brought to construction document level prior to approval rather than as part of a building permit set.c ln general, there is very little if any cross reference between these documents from an engineering standpoint They are so general in nature, that there may not be any conflict, but lwould strongly recommend that at the very least, the engineered drawings indicate that the engineered construction document plans will be consistent with the other reports. Coordination with Wood Road lmprovements r:rt9 NCLAVEI MPiOVEME oAVEIMFNOVPROJECf. OOC 118 W 5rh Sr, ste 200 Gtenwood Springs, CO 91501 phone. 970,%5-1004 fax: 970-945_5948 12-04-17 TC Packet Page 93 of223 93 o No attempt has been made on the engineered drawings to show Wood Road, either in its current condition with a roadside ditch or in its proposed condition with integral curb and gutter.. Partra y Cornpleted It will be necessary for the construction documents to show how improvements will be consistent with either condition, unless there is a clear indication that the work will be done only after the flnal road improvements are completed.. Parlrally Con:pleted The bus stop is integral to representations made with respect to traffic generation, pedestrian movements and other vehicular movements. This applicant should be required to make a commitment to provade the necessary temporary and permanent easements required in order to construct the bus stop along Wood Road in front of the pro.,ect. This project impacts downstream property users and downstream drainage infrastructure. lt is silent on the capacity of any downstream facilities and whether there will be an impact on downstream properlies The extent of snowmelt facilities on the site is not readily apparent. NO DISCHARGE of snowmelt water wilt be allowed to the surface of Wood Road. o c There should be a representation in the construction management plan acknowledging that the construction of this project and Wood Road may be concurrent. Discussion should include how these two projects would be coordinated. Remove the'For Construction" notation from the engineered drawings Notation is conlusang Drainage Considerationso lt has been the Town's consistent policy over the years that whenever significant changes are made to a multi-famjly parcel, that all improvements on the prgect shall be brought up to current Town drainage requirements This application is silent on how existing portions of the project are to be dealt with It has also been Town pollcy that drainage plans for projects shall be stand-alone. This facilitates not only the view of the project, but allows review of conditions on the site by future Town officials. Water quality treatment will be required for both existing and proposed improvements. c o o o Completed l: l9 o o o \2O r '/-o3- I 7-MrNoEENcL^vEIMPFovPioJEcT.ooc 12-04-17 TC Packet Completed 118 W 6,h St, Ste 200 Glenwood Spnngs, CO 81601 phone 970_%5_1004 Fax: 970_945-594g Page 94 of 223 94 o o It is indicated that a dry well for proposed hard surface improvements to the property would be located within lhe Wood Road right of way. Location within the right of way is not acceptable.. Corrpleted The grade of the entrance road into the project is not detailed. The applicant will need to show how runoff from this site is contained to the greatest extent possible with respect to discharge into the roadside ditch and/or future curb and gutter improvements along Wood Road.. CorrrptEiEd Construclion Management Plano The plan needs to provide a section on coordination with any Wood Road improvements should they occur concurrently.o This plan referc in a number of locations to the engineering drawings indicating that there are details located on those drawings. Those details are absent with the current set.o The applicant should determine whether a CDPHE stormwater discharge permil is required. The plan indicates lhat it is unknown whether a permit or not is required. lt is within the scope of an applic€tion to make that determination and to prepare documents accordingly.o This plan does not seem to be coordi.ated with the air quality impact analysis report. There should be a cross-reference.e ln Section 3.12- Asphalt lnstallation Repair, there is reference to a "Asphalt Permit" from the Public Works Department. Such a permit does nol exist. Geotechnical lnvestigationo The engineered drawings are not of sufficient detail to be able to determine if they are consistent with this geotechnical analysis. l: r 9 o E oAVEIMPFOVPNOJEET. OOE 118 W 6,h St Ste 200 Gtenwood Springs, CO 8160t phone: 970,945_LOO4 Fax: g7O-g45_S B Page 95 of 223 Air Ouality lmpact Analysis Reporto There are a number of recommendations made in this report which are not necessarily carried foMard into the Construction Management Plan or the engineered drawings All of these documents need to be coordinatedo Once the engineered drawings are completed, I would recommend that this report be modified as necessary lo specifically discuss site requirements. 12-04-17 TC Packet 95 OSGM TO MEMORANDUM Anne Mariens, Town of Snowmass Village Public Works Director Dean Gordon, SGM Town Engineercc: @FROMILee Barger, sGM DATE:March 28.2017 Enclave Condominium lmprovement PIan Transportation Analysis I have reviewed the Enclave Transportation Analysis (TA) compleled by TDA Colorado, lnc. (January 2017) and generally agree rr,/ith the assessment of traffic impacts that the proposed six condominium unitswill have on Wood Road and the adjacent street network. The report usedlhe information and findings of FHU's 8o se villoge Transportotion Anolysis 2075, which preceded the planning and construction of the mini roundabout at Wood Road and Carriage Way. Nonetheless, the Enclave TA's findings are Benerally acceptable with the following comments. 1. The proposed bus stop will improve service to the Enclave and reduce vehicular traffic to and fromthecomplex, I assume Ease Village is constructing the bus stop on uphill WoodRoadto make return servace possible? The sidewalk connection to the bus stop and crosswalk from the Enclave shall be ADA compliant. 2. Ooes the E nclave provide share bikes tor gu ests in the summer? A centralized bike rack with a fleet of share bikes could incentivize guests to use another mode for short, local trips. Pedal- assist bikes may be more appropriate for tourists in the mountainous village. The TA states that the additional units will add about 30 trips a day to the road network; with 3 trips occurring in the morning peak and 6 trips occurring in the afternoon peak. Although this is a nominal increase to overall daily and peak hour volumes in Snowmass Villate, many other small infill-type projects €ould arise over time to cumulatively create an actual impact on the roadway network when fully developed. IHU's Sose Villoge TA included an additional 1O% traffic growth inthetraffic generation assumptions to specifically account for this type of "other growth" that lhe Town may experience. The recent improvements at grush creek and wood Road and at carriage way and wood Road will now serve traffic growth through the buildout of Base village and other development. The Town should develop a unit based traffic impact fee (for this "other growth") that can be equitably applied and used to fund future improvements that may result ffom cumulative infill groMh not associated with a large- scale project such as the redevelopment of Snowmass Center or lhe Snowmass Mall. 12-04-17 TC Packet Page 96 of 223 RE: 96 trom: Tom Dunlop Imailto:dunlopenv@aol.coml - ENVIRONMENTAI CONSUTTANT COMMENTS Sent: Saturday, August 12,2017 9:51 AM To: Jim Wahlstrom <JWahlstrom@tosv.com> Cc: Anne Martens <AMartens@tosv.com>; Julie Ann Woods <lWoods@tosv.com>; Erian McNellis <bmcnellis@tosv.com> subiect: Re: Enclave's Major PUD Amdt'Prel Plan I Ii J inr. Please refer to my email response to lhe applicant dated Augusl 9, 2017 (oftlhich I copied you in on). This ras preemptive to a formal reply from Randy Henrie to me. Randy asked me on Aug 8th to take a look at the draft response to environmental quality and CMP issues we discussed at the Jul) 28, 2017 meeting. My reply rvas "The commitments in this clarification are helpful. I am satisfied rvith this language and look forrvard to more detail at the next phase." In revierving the atlachment to )our Aug I lth request. I do not have nrore to add at this tinre. It rvill still be incumbent for the applicant to submit more detail at lhe nexl phase. Do you wanl me to attend the PC meeting on l6th? I am available ifneeded. Thank you Tom On Aus ll-2017-al8:47 AM. Jim Wahlstrom <J \\'ahlstrotn? tos\.conl> wrole Anne, Tom, Attached is Applicant's third resubmission package to addressing remaining outstanding evaluation review comments related to Iandscape design, easements, solid waste provisions and responses to the environmental quality / CMP comments. The packet is also being delivered pursuant to our on-site meeting with the Applicant reps on July 28, 2017. An updated civil engineering package is anticipated by next week in efforts to address remaining comments in between the Planning Commission and Town Council reviews or their action on the preliminary plan application. The draft resolution for planning commission consideration and possible action on August 16 will incorporate relative findings and recommendations regarding the landscape design, easement provisions, an acceptable solid waste plan to the satisfaction of public Works, the outstanding environmental quarity and cMp issues as wefi as the need for a supprementar civir package lo address remaining outstanding comments. 12-04-17 TC Packet Page 97 of223 97 I know your department/division will likely not have time to adequately review and reply to the attachments by August 16, but we can incorporate any remaining comments into a repon to the Town Council. The application with a public hearing is scheduled for review by the Town Councilon September 5. Any additional comments should be submitted to our attention no later than Monday, Autust 28 in order for comments to be included in the TC packet. Jim < im age00l .j pg> lifi Wohlst@m, senior PlonneL alCP/MPCD Town ol snowmoss Villoqe Cot tn,un ity Development De pgft fi e nt 730 Keorns Rood P.O. qox 5O1O Snou!moss Villoge, CO 81615 970-923 5524 x635 i i mwo h lst ro fi @ tosv. co m www-tosv.com Planning a Visit to Snowmass? htto://www.eosnowmass.com/ <170810 App's Supp Addendum No.3 - Memo rv plans & replies.pdf> Thomas S Dunlop, MPH, REHS 245 Wood.uff Road Glenwood Springs, CO 81601 Dunlooenv(Aaol.com (970) 945-4820 (970)3794028 cell 12-04-17 TC Packet Page 98 of 223 98 it Dunlop Environmental Consultirg, Inc. Environmental Public Health Planning for the Future AprilS, 2017 Town of Snowmass Vlllage Jim Wahlstrom, 5r. Planner PO Box 5010 130 Kearns Road Snowmass Village, CO 81615 Re: The Enclave Major PUD Application Dear Mr. Wahlstrom At your reguest Dunlop Environmental Consulting, lnc. (DEC) has reviewed the Enclave Major PUD Application. The focus of the review was on land use impacts related to air, water, noise and the construction management plan, Air: The applicant's consultant, Air Resources Specialists concludes based on the minimal amount of air contaminants generated by the addition of 5 living units that the total contribution of pollution to the Snowmass Village air shed will be "inconsequential". Support for this conclusion is the short duration of the construction phase, control measures to be taken during construction and minimal vehicje use post- construction by occupants. While in agreement with the consultant's conclusion to a point, more precise information is necessary regarding the construction phase of the project. The size of the project may or may not require a fugitive dust control plan (FDCP) by the State of Colorado (to be determined by the exact extent of the excavation). This can be found on the State of Colorado web page, General Construction Permit - Land Development Projects. Regardless of this determination, DEC suggests the applicant submit a FDCP to the Town. Past excavation projects in the immediate vicinity of the Enclave have shown that rigorous dust management is necessary to minimize impacts on neighbors. This request will add clarity for all parties regarding what and when remedial steps are necessary. lncentives by the Enclave to minimize personal use of private vehicles is encouraging. The presence of shuttle service, public transportation and close walking distance to public amenities will be an incentive to curtail use of private transportation. The 5 additional units will be equipped with gas fueled fire places. These will contribute to emissions to the air shed, but may be of low impact given replacement of an existing boiler with one of higher efficiency and lower emissions as proposed in the application. The consultant promotes future sub-surface parking as an incentive for lower vehicle idling. While in agreement, the application does not discuss the garage exhaust system. Additional information on the proposed air exchange system is suSSested. For example; what will trigger exhaust fan activation, where will intake air come from and where will exhaust vents be located? z4swoodrutrRoad , Glenwood springs, co gr6or (gZo) g41-482o Office (gZo) S7g_4o2g Cell 99 Water: The existing Enclave and proposed additions must be rerved by surface and sub-surface drainage svstems as discussed by the applicant's consultant, CTL Thompron. Given common knowledge supported by geological studies of the immediate area, ground wafer is predicted to be encountered during construction. Post-construction water management is also required. CTL borinSs confirm ground water may be 5-15 feet below ground surface. The appllcant should consult with the State of Colorado, Division of Water Resources to determlne if a Construction Slte Dewatering Permit is required. Should a permit not be required it is still imperative that collected water be mana8ed in a way to minimize impact to surroundin8 property and ultimately to Town rights-of-way. Additional roof drains, paved surface and area drain discharges may be significant depending on weather events and time ofyear. lt is suggested the applicant confirm complete desigo criteria for collestion, retention and discharge points. Exhibit V, Adequate Public Facilities Reporl in the application provides specific flow calculations that are helpful. Roaring Fork Engineers provided a grading and drainage illustration, but more detail is requested. lncluded in this design should be underground parking drain systems, oil and grease separators and confirmation that lhere is no direct connection between gtorm and sanltary sewer sYstems. Noise: The majority of noise impact from this project will occur during the construction phase. Additional comments reSarding nolse generation will be addressed in the Construction Management Plan. Construction Management Plan (CMP): Town Resolution 4, 2017 defers submittal of a final CMP until Final PUD Plan application. However, a cur5ory review ol the abbreviated submitted plan confirms the need for more detail regarding environmental impacts such as hazardous material manaSement, storm and sediment control, fugitive dust control, site-rained personnel response to hazardous materialspills and cleaning construction vehicles. A review by the applicant of Ordinance 12, 2007 regarding standards and regulations for construction management will be helpful. This concludes findings of this application review. Contact me with questions or comments 2 Thomas 5. Dunlop, MPH, REHS President Posl-construction noise generation from this project is not predicted to be in routine excess of similar multi-family dwelling situations. Occasional exceedance of Town standards may occur depending on periodic uses of individual properties. Sincerely,',,..\-=-.'-_- /r1t'in*"s/2--/,f 100 rrom: Joe Coffey - HOUSING DEPARTMENT Sent: Monday, April 10,2017 9:51AM To: Jim Wahlstrom <JWahlstrom@tosv.com> Subrect: RE: Enclave Major PUD Amdt Preliminary Plan application Jim, I am sorry I haven't replied to you sooner. I am workirts reduced hours. I really only have one comment for the Enclave employee housing and that is: "l would like to see an annual report with the rental tates and who is livinS in the units. This would be the same regulations that control the base village units." Please apply the same BV housing regulations to the Enclave units. Thanks, Joe Town of Snowmass Village Housing Department 12-04-17 TC Packet Page 101 of 223 101 rrom: Ioe Coffey - HOUSING DEPARTMENT Sent; Thursday, August 31, 2017 3:12 PM To: lim Wahlstrom <Wahlstrom@tosv.com>; Terri Everest <teverest@tosv.com> Ccr .lulie Ann Woods <.,Woods@totv.com> subiect: RE: Enclave proposal )im, we do not have this in writin8 other than in the BV houslng request. Thls only makes sense when you have one bathroom and two or more people living in a unit. Without a privacy separation, only one person can use lhe bathroom at one time. All our two- bedroom one bath units have a separate toilet wall. Thanks, Joe From: Jim Wahlstrom Sent: Thursday, August 31, 2017 12:19 PM To: Joe Coffey <J!q[1eyiQlq9$9!0>; Terri Everest <!9!9!C:(Q!9!yl9Il> Cc: ,ulie Ann Woods <Jwoods@tosv com> Subject: Enclave proposal Joe, Terri, The Planniog Commission inquir€d at their prior meeting whether the Housing standards require separate commode and sink rooms for the two-bedroom, one-bath mix types. I know this has been requested in past review comments, but could you please send a copy of the standards which state as such? Thanks, Jim ?dq, Planning a Visit to Snowmais? htto://www.sosnowma ss.coml 12-04-17 TC Packet Page 102of223 lim Wohbion, Seniot PlonneL AICP/MPCD fown ol Soowmost Villoge Com m un ity Oevelopm ent Depo rtment Tll0 Neons Rood P.O. Box 5010 Snownoss Villoge, CO 81515 970-923-5524 \6i5 t i rn wo h lst ro m @ t osv. c o m ww!.19s!.!9!! 102 From: Joe Coffey - HOUSING DEPARTMENT Sent: Monday, April 10, 2017 9:51 AM Toi Jim Wahlstrom <JWahlstrom@tosv.com> Subiect: RE: Enclave Maior PUD Amdt Preliminary Plan application Jim, I am sorry I haven't replied to vou sooner. I am working reduced hours I really only have one comment for the Enclave employee housing and that is: "lwould like to see an annual report with the rental rates and who is living in the units. This would be the same regulations that control the base village units." Please apply the same BV housing regulations to the Enclave units. Thanks, roe Town of Snowmass village Housing Department 12-04-17 TC Packet Page 103 of223 103 l:Ic r/ATU rr[ | ntAt tsrArt I UIt6A 0[ | Eustlltss tsr! ttt, lirika S Gih\on Oflicc (970) 9.15{516 Direcr (970) 928'3185 cnkaiabal!rnrhgrccn conl November 27, 2017 Town of Snorvmass Villagc Tosn Council P.0. Box 5010 Snorvmass Village, Colorado 8l6l 5 c/o Jim Wahlstrom jinrwahlslrom@tosv.com ATTACHMENT 'B' Staff Report Analysis Objeclion lo the Enclore Association. Inc.'s Amended PUD Amendnent Application Dear Torvn Council This letter briefly addresses the recent anlendments to the Enclave's application and is supplemental to our earlier letter.l Torln Council should deny the application. because the amendments do not create sufficient communitl benefits to offsel the net-negative inlpact the Enclavc's proposed new three-stor) building rvill have on the neighborhood. As previousll stated, lhe objectors do not begrudge the Enclave its facelift. But thel do object to funding that facelift via a nes, unnecessarill large. building that will materially depreciate their property values. Because the Enclale's application requests a PUD amendnrent to permit greater-than- 100% buildout, the application must adhere lo higher standard than that of a typical developmenl proposal. The test, therefore, is not reasonable compliance * ith the underly ing zone criteria, as rr ould be the case rvith a typical development proposal. Instead. to merit greater-than- 100% buildout. the application rnust glsggd the PUD revie* criteria: arrd ma),not create any "substantially adverse inrpact" on neighboring properties.l Tlris heightened standard provides a procedural safeguard that protects existing uses, thus preserving due process. Doing otherwise rvould infringe on vesled propert)' rights. lfan applicant could exceed its marimum-approved buildout lvilhout meeting this heightened standard. ne* developments could (and in this case, rrould) undermine the reasonable expectalions regarding adjacent land uses that helped inform their neighbors' purchase decisions. I \\'c. on behalfofrarious Cr.st\rood Condominium properq olncrs, objecled to the llnclavc,s ptJD amcndmenl application in a lener to To*n Council daled September 25, 2017.: Scclion l6A-5-300(cX,lXb) (de!elopmenl that irill resuh in Srearer than 100% of mmimum buildout musr "excecd thc I'Lll) rc\i!'!l criteda standards"). I sccrion l6A-5-190(lxb) ("[t]he proposed minor PUD amendmcnt shall nor ha!e a subsranriall) ad\erse cffect on rhe ncighhorhood surrounding the land rvherc the amendment is proposcd. or have a substanriall; adrersc inlpact on lhe enjo) menl of land abutting upon or across lhe street fiom lhe subjecl propen) "). Rc BALCOMB&GREEN ASPEN I BASALT I GTENWOOD SPRINGS I TAMAR Post office 8ox 790 | Gtenwood Springs, Cotorado 91602 800.836.5928 | 970.945.6546 I Batcombcreen.com 12-04-17 TC Packet Page 104 of 223 104 l=Ic Inclave PUD An)endment Supplcmenlal Obj Le[er NoYember 27. 2017 PaSe 2 of2 frIIt Ill I ttrL ItIrtI I oIll^Illt I rti[tl! lllt tirt The Code also requires an1' PUD amendment to offer sulficient community benefits to provide a net-positive outcome-a criteria the Enclave musl exceed-and the Enclave's proposal falls short in that regard. Town Staff noted as much in their report prepared for Torln Council. stating "[$lhile the offered commtmity purposes might be beneficial for the Enclave. Staff finds that lhe comnrunil) purposes offered appear mininral in contrast to proposed project expansion, including the buildout variation beyond 100 percent."r Adding one more employee-housing unit than the Code rvould strictll require does not change this analysis. While an affordable unit at the F-nclave rvill be a tremendous boon for the one Snotmass Village fanrily uho is lucky enough to rvin the lottery for it, the net benefit lo lhe comnrlnity does nol offset the adverse impacls arising from the proposed development's mass and scale. Denying the Enclave's application \rill nol relegate the Enclave lo self-funding. as the Crestrvood did, ils entire capital-improvements project. The Enclave is free to reapply $'ith a two- story proposal, *hich should require only minimal architectural amendments to its existing application. Such a proposal uould not have anl substantially adverse impact on the Enclave's neighbors, thus allowing the Enclave to exceed the PUD revierv criteria, obtain its amendment, and proceed u ith funding its capital improvements via the development ofa new structure-a ne\r structure thal is just big enough to meet the Enclave's needs without adversely impacting its neighbors. Sincerell. uY Lucas F. Van Arsdale AIlr.trneys for various Creshrood properl)' otrners r Slaf'l Anal) sis Report. page I I ofAtta.hmenl I to the l orvn Council Agenda Packer daled Oclober 2. 2017 ASPEN I EASALT I GTENWOOD SPRINGS I LAMAR Page 105 of223 BALCOMB&GREEN 'Ihe readiness * ith which lhe Enclave offered up thal additional unit lor deed restriction does, however, highlight a key issue rvith the Enclave's proposal: the proposed new building is not only too big to meet the Code's criteria for mariimum-buildout variances, it is also bigger than the Enclave needs lo help fund its deferred-maintenance project. Torvn Council should thus denl'the Enclave's application. BALCOMB & GREEN, P.C. 12-04-17 TC Packet 105 l:Ie BALCOMB&GREEN l,AItR tAt{ | RtAt tSIlIr I Ltil6AIt0il I El,Stilrss tsru tg53 Erika S Gibson Of[ce (970) 915-65d6 Direct (970) 928-3:185 erika@balcombgreen conl September 25,2017 Torvn of Snowmass Village Town Council P.O. Box 5010 Snorvrnass Village, Colorado 8 I 6 I 5 c/o Jim Wahlstrom j imwahlstrom@tosv.com Re The Enclave Associtttion. Inc. PUD Amendment Application * Objection Letter Dear Torvn Council We represent various property owners in the Creshvood Condominiums and are rvriting in oppositiorr to the application for a PUD amendment ("Application") originally submitted on Novenrber 29,2016 by Enclave Association, lnc. ("Enclave"). We request that Town Council deny the Application, because the developnrent does nol meet the code criteria for maximum buildout variances. If the Enclave rvishes to proceed rvith its application, reducing the height of its proposed new building from three stories to trvo rvould bring il into compliance rvith the Torvn of Snowmass Village MunicipalCode ("Torvn Code"). Introduction The objectors do not oppose the Enclave's proposed capital improvements. The Enclave's infrastructure is dilapidated and in need of repair, and has been for quite some time. The issue is that the Enclave is asking to entirelv fund its capital-improvements project with construction of a nerv, three-story building that rvill materially obstruct viervs from the Crestrvood, thus devaluing the affected Crestwood properties. Granting the Application, in other rvords, would shift the cost of the Enclave's improvements onto the Enclave's neighbors. ln so doing, it would not provide offsetting benefit to those neighbors or the town. The primarily self-serving nature of the Enclave's request prevents the Application from meeting the Town Code's criteria for variances. While the Enclave's residents will benefit from beautifully upgraded infrastructure, that infrastructure provides only attenuated additional communi$' benefits (e.g., enhanced "curb appeal"), and the proposed three-story building creates substantial, and unnecessary. visual impacts for its neighbors. The Enclave has not demonstrated rvhy three stories, as opposed to two. are necessary for its capital-improvements project to move fonvard. ASPEN I BASALT I ctENWooD SpRtNcs I LAMAR Post ffice Box 790 | Glenwood Springs, Colorado 81602 12-04-1T Tc phtETBt I e70'e4s'6s46| BarcombGreencom page 106 of 223 106 l:Ic BALCOM B&GREEN frr[Lrr I ttrltn t I rrtarlrlr I tllr t! lll!lllr The Torn Code focuses on communitv benefits in balancing the desire to allo\! ne$ development against the need to avoid unduly burdening adjacent landorvners. Because the Enclave's application is light on communitl'benefiIs. it does notjustif)'the additional burdens it u ill place on the ad-iacenl landorr ners. and therefore cannot meet the Torvn Code's crileria for a maximum-buildout variance. A. The Enclave's variation request of 137 percent of maximum buildout provides insuflicienl community benelits to justify the burdens it will impose on adjaccnt prop€rties. the Application presents the threshold issue of rvhether the proposed ner developmenl, rvhich u'ill bring the Enclave to I 37 percent of ntaximurn buildout, satisfies the Torvn Code criteria for varialions.l The existing 40 units are the maxim unr buildoul allo* ed under the Enclave's PUD. and the Application rvould increase that maximum buildout by over 37 percenl.l The Torvn Code allou s for variations that may burden adjacent lando*ners only to the extent that such variations are consislent rvith the Comprehensive Plan and lr ill increase community value.l The proposed new developmenl is inconsistent rvith the Comprehensive Plan and will not increase community value, because (l) the Enclave's proposed three-story building burdens the neighbors by materially obstructing their viervs; (2) the Applicalion provides insullicient benefits to the community to justify the added burdens; (3) the proposed third slory is unnecessary-the [nclave can fund its improvenrents r\ith a t\ro-story development; and (4) the size of the development does not meet the intent ofthe Comprehensive Plan to effectively balance community benefits rvith limited grorvth. t. The Enclave's proposed three-story building burdens the neighbors b1' materially obslrucling lheir views. The Enclave's development will have a "substantially adverse impact," rvithin the meaning ofthe Torvn Code, on the viervs from the neighboring Crestrvood units. The Torvn Code requires that a proposed PUD amendment haye no substantially adverse impact on the enjoyment of land abutlillg upon or across the street from the subject propertl.a Buildings should preserve important sight lines, overlooks, and landmarks as viewed fronr neighboring developments.5 The importance of rnitigating lhe impact on viervs is also a prominent consideration under the Comprehensive Plan.6 The Tolvn Code includes view preservation as a major consideration in land-use decisions I Application. page 17. : The existing buildout is 27.42 unit equivalents under Table 5{ ofthe Town Code, which is the maximum allowedi the additional proposed units equal 10.23 unit equivalenls. a 32.3 percenr increase ' Seclions l6A-5-300(4)(aX2) and (7).l Section l64-5-390(3)(b). t section l6A-5-340(3Xb) 6 Comprehensive Plan, Chapter 7. ASPEN I BASALI I GLENWOOD SPRINGS I LAMAR 12-04-17 TC Packet Page 107 of223 Enclale PUD Ameodm.nt Objection Lelter September25.20l7 Page 2 of8 Discussion 107 l:Ic Enclave PtJD Amendll)ent Objeclion Lctrer September 2 5, 20 I 7 Page 3 oft BALCOMB&GREEN rrrrr trr I rrrr l!lrrl I olrlrlllr I tl,llrtil ttlr rta! in recognition oflhe important role views play in propertl orvners' investment-backed purchase decisions. The Enclave's proposed development uill have a substantially adverse impacl on the enio)menl ofthe viervs from Crest$ood, especialll from lhe first- and second-floor units in the Crestwood's G and H buildings. The Crestsood orvners uho oppose the application rnade decisions to purchase their units specificallv for the vie$s those units enjoy. The Enclave's proposed neu development would capilalize on those same viervs and, in the process. deprive the Crest$'ood owners of lhose viess' benefit. The Enclave's comparison lo Base Village. in an efforl to argue that the vierv impairmenl is tle minimis, is disingenuous for t$o reasons. Firsl, lhe height of the buildings above the Base Village is noticeable and made more apparenl by the lar of diminishing perspective: objects in the foreground appear larger than objects in the background. Second, any relative comparison to Base Village overlooks a significant difference bet$een the development proposals: *hereas Base Village provides man) significanl benefits to the To\\n as a rvhole, the Enclave's development proposal, as discussed in greater detail belorv, does not. The Enclave rvill also argue that any developrnenl $ill have some visual impact to the neighbors. which is just the price of progress. The Planning Commission agreed in its findings on viervs, stating that to require absolutely no visual impacts would set a precedent that would severell limit development in the IoNn, and that it must evaluale land-use proposals for the benefil of the entire community.T This concern is nisplaced because it misapplies the Torvn Code-most development proposals do not require a zoning variance, and are lhus evaluated under less strict slandards when it comes to the burdens they inflict on adjacent properties. 2. The Application provides insufficient benelits lo the community to justify the added burdens. The Enclave has not presented sulficient information to justi$ a variation from its maximum buildout. Developments greater than 65 percent ofthe approved buildout chart nlust meel certain PUD revierv criteria. including achieving one more of the communitl. purposes identified in Section l6A-5-100(4)(cX6); developments greater than 100 percent must not only satisfl the community purposes but also demonstrate that "good cause" exists for the developrnent and lhat the developmenl "exceedlsl" the PUD revie* criteria standards, including meeting the inlent ofthe town's Comprehensive Plan. (Emphasis added.) The Enclave's proposed addition of 12,592 square feet does not satisfy the to\\n,s criteria lor greater buildout under Section l64-5-300(4)(c)(4) because: (a) the proposed community purposes are inadequate; (b) the Enclave HOA's consistent refusal lo fund capital improvenrents from assessments or reseryes does not constitute "good cause sho*n"; and (c) the size of the de,'elopment does not meet the inlenl ofthe comprehensive plan to effectiveh balance communitr benefits * ith limited grorvth. 7 Draft Resolution. Iines 212-2 t3 and 225-226 ASPEN I BASATT I GtEtiwooD spRtNGS I TAMAR 12-04-17 TC Packet Page 108 of 223 108 l:Ic Enclarr PUD Amendmcnl Objsclion t.ener Septcmti:r 25,201? Page 4 ol8 BALCOMB&GREEN tlltlur I ttrtMIII I ulrinltr I t!$tI$ lalt|lr! 11,The proposed communit) purposes are inadequate. Achieving one or more of the community purposes "does not, by itself," entitle a development to buildout in excess of65 percent (much less 100) ofthe pre-established maximum buildout. but thel are factors for consideration. The Enclave's rationale for claiming it achieves the conrmunity purposes of Section l64-5-300(4)(c)(6) is equivocal and misses the mark. The relevanl community purposes that the Planning Commission discussed are (i) restricted housing and (ii) developing necessary public facilities.s Other community purposes (sustainability. encouraging better design, and open space) are attenuated at best and were not even discussed in the Planning Commission's fi ndings.e Ahhough the Enclave claims, and the Planning Commission found, it is providing enrployee housing above the miligation requirement ofsection l64-4-4l0,ll in reality the Enclave is providing only one employee unit more than is required to offset the employment demands of its proposed new development. Though a good thing, the construction of one additional deed- restricted unit does notjusti[ a 137 percent increase in buildout that imposes additional burdens on neighboring properties. (ii) Ilevelop Necessary Public Facilities; Fulfillment ofthis community purpose requires the project contribute 1o the development of necessary public facilities thal "shall be bcl,ond the required mitigation" and "mcet the needs not only ofthe project residents but also other residents and visitors of the Torvn." The Enclave says it rvill fulfill this purpose by giving the Torvn casemcnts to facilitate a nerr bus pullout lane and shelter in front of the Enclave, and perhaps adding an ADA accessible ramp and providing e-bikes to residents This is more Enclave amenity than community benefit. A bus station in front of the Enclave, and an e-bike station on lhe Enclave property. primarily benefits the Enclave residents, not the To$n's other residents and visitors. The benefits realized by community from these amenities are thus negligible and do notjustiry the additional burdens on adjacent property o\\ners. Furthermore. the Enclave has not demonstrated any logical connection betrveen the proffered bus pullout and its proposed lhree-story building. The same easement and pullout could be accomplished, at no additional cost. ifthe Enclave only built a tro-slory structure. ASPEN I SASAtT I cLENW0OD SPRtNcS I TAMAR 12-04-17 TC Packet Page 109 of223 (i) Restricted Housing: Although the proposed development adds slightly more than the required square footage of restricted housing, b1 814 square feet, the lorv number of enrplolees actualll housed should be vierved in proportion to the excessive bttildout requested. The point of restricted housing is to provide adequate housing for nerv employees generated by redevelopment in lhe torvn.lo 3 Draft Resolution, lines 289-292. e objections ro these claimed purposes are raised at pages 4 through 6 of our April 14, 20 I 7 objection Letter to the Planning Commission and re-incorporated by reference here. to Section l6,4-4410. tt Application, page 29. Draft Resolution, lines 2E9-292. 109 Enclare ['tJD Amendnrnt Objeclion Letler Septemb.r 25. 2017 Page 5 of8 BALCOMB&GREEN rrr{rlrr Irtrrltrrlt Ilrr,arrll I 1ttlrltt lltttatt In summarl', rvhile the proposed ne\\ development rvill strongll benefit the Enclave. its associated cornmunity benefits are inadequate to satisfy Section l6A-5-300(4)(c)(6). Nor is a three-ston structure necessar) to utilize the vacated ski-lift easement to benefit the Enclave and to\Yn. b. The Enclave HOA's consisacnt refusal lo fund capital improvemenls from assessmenls or resen'es does not constitute "good cause shon n." Under Section l6A-5-300(4XcX4), lhe Torvn mal not consider a buildout proposal that uould exceed 100 percent of the existing ma.iimum buildout unless "uniqLre and exceptional circumstances" exist and lhe applicant demonstrales "good cause" for the development. The Enclave presented, and the Planning Commission found, that vacating the ski-lift easement is a unique and exceptional circumstance and that repairs to the failing retaining rvall are "good cause" for needing additionat improvements.l: The Planning Commission lhus approved the additional units and the view impacts to proceed as the Enclave's "right and ability" based on the exceptional circumstances of the project. ll Although the vacated ski-lift easenrent nray indeed present a unique opportunio'Io ttlild ne* units to help finance capital improvements, the Enclave's o$ners'consistenl refusal to fund necessar)' capital improverneots themselves through special assessmenls is not "good cause" to make their neighbors contribute to the bill. Neighboring HOAs, including the Cresnvood. have incurred special assessments in excess of$100,000 oer condominiurn unit lo fund recent capilal improvements' projects.l{ Although the Enclave has. historicalll, failed to achieve consensus irom its orlners 1o fund similar special assessments for its needed improvements, the eventual need for these refurbishnrents been apparent for decades. Ihe Enclave ouners' ongoing refusal to fund capital improvements themselves hardl)' constitutes "good cause" for a variance that Nill allor them to enhance their propert)'values at their neighbors' expense. 3. The proposed third stor) is unnecessary-the Enclave can fund ils improvements with a trvo-story developmenl. Chapter 7 (Built Environnrent) of the Comprehensive Plan states that a key objective for the Multifamily CPA (for rvhich the Enclave is applying) is ro .'provide the abilily ro offser revitalization and reinvestment costs by considering increases in floor area.,' ' Application, page l8: Draft Resolution. lines 230-279. 1' Draft Resolution, lines 210-21 l. rr The crestwood funded its renovations by imposing an initial assessment of$7 million on the owners and establishing a line ofcredit. The line ofcredit got drawn to $9 million, ofwhich $5million rvas repaid via a second assessment, and the remaining $4 million slated for repayment out ofrental income. and ihen repaymenr was delayed and another sl.million drarvn. uith final repayment no* slated for approximatell. 2019. ln loral, rhe crestwood's owners have been tapped for approximately sl7 million in renovation costs. divided pro-rata among its l3 7 units based on square footage. for an average assessment of -s | 25kper unit. ASPEN lEASArr I GLENWOOD SPRINGS I TAMAR12-04-17 TC Packet Page 110 of 223 3IC 110 Itr! rttl While the Enclave's proposal goes above and beyond this objective, it does so in a bad \yay. The Enclave represented at the April 3rd joint meeting that the proposed new developrnent rvill fund the entire reinvestment costs. This overreaches the objective of offsetting such costs, and amounls, instead, to the Enclave profiting at its neighbors' expense. The Enclave has not presented any evidence that its anticipated improvemenl costs could not be sufliciently oflset with, for example, a neu two-story building that rvould not have any negative inrpacts on its neighbors' property values. .1. The size of the delelopment does not meet the intent of the Comprehensive Plan to effectiyel"r" balance communit)' benefits wilh limited gro$th The Enclave's proposed nerv three-story building does not meet, much less exceed, the PU D rev ierv standards as sel forth at Section I 64-5-3 I 0. The rel'iew criteria slandards inc lude. first and foremost. consislency with "the intent ofthe Town's Comprehensive Plan," rvhich is concisely expressed rvith the mantra 'Just big enough." The Enclave's Application discloses no reason uhy a nerv two-story building rvould not suflce in lieu ofthe proposed three-story slruclure. The Comprehensive Plan recognizes that development may have impacts on the community thal musl be considered, and mitigation of which must be evaluated. Chapter 7 ofthe Comprehensive Plan describes other important policies that to*n officials must consider rvhen evaluating land use applications, including: Consider limitalions ofgrouth before a decision may be made (line 227); Minimize the negative visual impacts ofdevelopment (line 541); Consider long-range goals and community needs when rnaking specific land use decisions. Make decisions that best sene the resorl and the community over the long term (lines 584- 586); and Preserle the community character of Snoumass Village through intetligent land use, sensitive design, compatible mass. scale. and density, and full evaluation and mitigation of impacts caused by nerv development (lines 564-566). The Enclave's proposal is inconsistent with these land-use policies for four reasons. l:Ie Enclavc PLID Anrendment Objection I-ctter Seplember 25. 2017 PaSe 6 of8 First, and most importantly, the Enclave's proposal lvould add six addilional units to an alread)' saturated market. At present, Snorvmass village condominiums' average time on market is 386 da1s. This is, b1 far, the longest amounr of time in any condo market r.lkhin the Roaring Fork valley. MLS listings shorv there are currentl)' 127 t*o- to five-bedroom condos on the marketin Snorvmass village, 27 of rvhich (over one fifth) are in the wood Road neighborhood encompassing rhe Enclave, crestwood, Assal Hill and wood Run place. AII sitting on ihe market for. on average, over a year. Adding six additional units to this market is not exactly going to fi BALCOMB&GREEN ASPEN lEASALl I rrrrtLrt I llrlIrrlrl | tllranlr I lllll[l 12-04-17 TC Packet GTENWOOD SPRINGS I LAMAR Page 111 of 223 111 3Ic Enclale PtlD Amendment objection l-etter September 25. 2017 Page 7 of8 BALCOM B&GREEN rr!tr trf I rtrl tirlrr I Lrlrarlu l trilllrs l!ll rrlr an unmet need. And doing so for the sole purpose of funding a "face lift," as the Enclave calls it. is irresponsible. Second, the deyelopment creates negalive visual impacts for the Crestwood community. Various Creslrvood property o\yners purchased their units specifically for the view they would enjoy. The proposed nerv building rvill have negative inrpacts on the affected property owner's vierv corridors. Although this rvill only affect a rninority ofthe Crestrvood units, the fact remains thal the Enclave's proposed nerv development rvillprovide scant contmuniry benefils to offset this burden on those affecled neighbors. Third, the developmen( does not consider long-range goals and community needs. Developing six nerv unils with no real benefil to the community other than enhanced "curb appeal," an extra employee unit to house an Enclave employee, and a bus station at the Enclave, is chiefly self-serving. Self-serving measLrres are fine, as long as they do not accrue to the detrimenl of one's neighbors. But the Enclave's proposed three-story building rlould meet the Enclave's needs at its neighbors' expense, thus failing to serve long-range goals or community needs. Fourth and final11, the Application neithcr considers the full impacls ofthe development nor proposes any mitigation ofthose impacts. The Enclave should thoughlfulll consider the costs and benefits of developing tro-stor) buildings in lieu of the three-story structures cunenth proposed. thereby reducing the visual impact ofthe buildings and putting less stress on the already- saturated condominium market. Although revitalization is encouraged, the Town must be able to fully evaluate, and mitigale, the impacts caused b1 the development to preserve the community characler through intelligent design. Since a new tNo-story development lvould not place any additional burdens on the Enclave's neighbors, allowing it rvould be consistent \\'ith the Comprehensive Plan policies uhile still achieving the key objective ofoffsetting the Enclave's revitalization costs. The limitations of grouth *ould be better considered, the negative visual impact of development uould be minimized. and the community character *ould be better presened. Con uston Torvn council shourd not be distracted by Enclave's self-inflicted state ofdisrepair, nor bvthe pleasing aesthetics of the Enclave's proposed refurbishments. Town council must hold theEnclave to the strictures ofthe Torrn Code for rhe variance it is requesting. fire gnclave has noisho\n that it needs a third story to fund its proposed improvements. lr has appried to build theextra space to maximize profitabirity. Because those profits come at its neigh'bors, .*p.nr., ,;the Enclave's deveropment rvifl not counterbarance the harm to its neigh-bors ,"ilh';ff;;;; ASPEN I BASALT I GTENWOOO SPRINGS I I.AMAR12-04-17 TC Packet page 112 of 223 The Enclave's proposal. in sum, is inconsistent with land use policies stated in the Comprehensive Plan. The benefils ofthe nerv developmenl accrue almosl entirely to the Enclave. The benefits to the grealer comrnunity are attenuated and do not offset the additional burdens the Enclave's proposal would create. The Enclave should thus be required to evaluate the feasibilitl of less onerous altemalives, such as removing the third story from the proposed nerv buildings. 112 l=Ic BALCOMB&GREEN Enclave PUD Amendment Objection Letter September 25. 20 I 7 Page 8 of8 rrrrrtrr I rtrrtsTrrt I lrililr0r I tulrrtsi ttltrrtt community benefits, Torvn Council should deny the Application and invite the Enclave to prove rvhy a two-story structure is not "just big enough." Sincerely, BALCOMB & GREEN, P.C. Lucas F. Van Arsdale Attorneys for various Creslvood property ov'ners BY ASPEN I BASAr 12-04-17 TC Packet T I GTENWo0D SPRINGS I LAMAR Page 113 of 223 113 l=Ie BALCOMB&GREEN I,ArrR rrw I rrAI rsulr I ItcrIt0il | Sl,stHrss tsMr53 Eika S. Gibson Olfice (nq 94165r,6 Direcl (90) 92&3,185 erika@balcombgreen.com Town of Snowmass Village Planning Commission P.O. Box 5010 Snowmass Village, Colorado 81515 iwoods@tosv.com Re: The Enclaw ksociation,lnc. PUD Application - Objection lzlter We represent various property owners in the Crestwood Condominiums and are writing in opposition to the application for a PUD amendment submitted on November 29, 2015 (the "Application") by Enclave Association, lnc. ("the Enclave"). We request you to recommend that town council (1) deny the Application, because the proposed development does not meet the code criteria for maximum buildout variances, and (2) require the Enclave, if it wishes to proceed with its application, to evaluate the degree to which its compliance with the code criteria would improve if the height of its proposed new building was reduced from three stories to two. Introd uction While the desirability of the proposed improvements to the Enclave's existing struchrres is undeniable, the Enclave's looming need for those refurbishments has been foreseeable for decades. Fundint the Enclave's ilnprovements without imposing any special assessments on its members is a laudable goal. But the Enclave's failure to establish adequate capital reserves over the years does not entitle it to special treaknent under the Town of snowmass Municipal code. And, as discussed in Feater detail below, the Town will receive little benefit from the Endave's new condo units. Thus, to the extent the Enclave receives a variance in connection with this Appl.ication, that varianc€ should be narrowly tailored to avoid any negative impacts on the community at large. As the Town's fundamental growth policy dictates, the Enclave's new development should be 'just big enough."r Big enoigh for the Enclave to augment its reserves, but not so bigit imposeJadded burde-n, on tli. n.igf,bo.r. t hnp://www.aspendailynews.com/section/h orl'e/174959. See otro Comprehensive ptan, chapter 2 ASPEN I BASATT I ctENWOODSpRtilcs I LAMAR post Office Box 790 | clenrvood Springs, Colorado gt602 12_04_17 fC ptfLEtU[ I e70.e4s.6546; BircombGreen.com Page 114 of 223 April14,2077 Dear Planning Commission; 114 3IC BALCOMB&GREEN E rdave PLrD Amendment Obiection trtter April14,m9 Page 2 of ll In Resolution No. 2,3,2017, the town council directed the planning commission to focus on specific components of the Application as it relates to the town code. Pursuant to the criteria set forth in that Resolution, our specific objections to the APPlication are as follows: (A) The AppLication departs from buildout limitations but does not meet the code criteria for variances (Directive 3); @) The Application is inconsistent with land use policies (Directive 2); (C) The Application does not comply with the ProPosed underlying 'MF' zone district's development parameters (Directive 1); (D) The height of the proposed new building will negatively impact established view mrridors (Dhective 5); and (E) The proposed new building will create a nahrral hazard, in the form of an ice shadow on Wood Road (Directive 9). 0biections A. The Application departs from maximum buildout limitations but does not me€t the code criteria for variances (Directive 3). The proposed development lar exceeds the maximum bulldout limitations under Section 15A-5-300(c)(4) but does not, as would be necessary to aPProve an amendment, demonstrate exceptional circumstances or exceed the PUD review criteria standards. Instead, the Enclave's proposal is a chiefly self-serving fundraising effort that will ultimately create more burdens than benefits for the community at large. The Town should thus require the Endave to prepare and present an evaluation of potential zero-impact altematives (such as making the new building two, rather than three, stories tall) before approving any amendment to the fuhrre-buildout chart. i. The proposed development far exceeds the approved maximum buildout under Section 16A-5-300(cX4). thus requiringan amendment of the future-buildout chart Under Section 15A-'300(c)(a), new development is presumptively limited to 65 percent of the maximum buildout identified in the future-buildout chart in the Town's Comprehensive Plan. The Enclave's proposed new development exceeds its approved maximum buildout by more than 137 percent. The fuhrre-buildout chart established buildout potential of 0 units, meanint the Enclave is at maximum buildout with ib existing 40 units. Accordint to the Enclave's calculations, the 40 units equal27.42 unit equiva.lents under the Table 5-4 of the code, and the additional proposed units equal 10.23 unit equivalents.z Assuming these 12-04-17 rCtHbEfATtr r ctEirrvo,DsPRrNGs I to'Srge 11s of 223 rrllllrf I rulr3 rr I lrlrarrlr I lllItlr ltr!lat, t Application, paSe 17. 115 3IC BALCOM B&GREEN Endave PUD Amendment Obiection talter A$nM,m17 Pate3ofll rrrtrtrr I rulll rr I urflrrr | ltill$ lllt t|lt calculations are accurate, the proposed development is a 137 percent increase from the maximum buildout, well in excess of the permitted 55 percent. The Enclave's invitation to evaluate its PUD under the automatic redevelopment standards applicable to other West Village condominiums is unpersuasive.s At the time the buildout chart was developed, the Town deemed the Enclave to already be at maximum buildout. To the extent the realignment of ski lifts may have changed that analysis, the Enclave must still satisfy the criteria for treater buildout under Section 15A-5-300(c)(4). As will be shown, the Enclave cannot do so. ii. The proposed development does not satisfv the qreater-buildout criteria under Section 16A-5-300(cX4) for approval of a buildout-chart amendment. Under Section 15A-5-300(cXa), the Town may not even consider a buildout proposal that would exceed 100 percent of the existint maximum buildout unless "unique and exceptional circumstances" exist and the applicant, "for good cause shown" demonstrates that the proposed new development will "exceed the PUD review criteria standards." The Application does not meet this standard for four reasons: (1) it does not meet, much less exceed, the PUD review standards, and the Enclave's insufficient capital reserves do not consfirute "good cause shown"; (2) it does not achieve the community purposes for PuDs, (3) it does not comply with other applicable provision of the code; and (4) the code's greater-buildout criteria would be better satisfied if the proposed new development were reduced from three to two stories. 7. The goposed rleoelopment does not meet, much less exczed, the PUD reoiew standards, and the Enclau's insut'ficiml capital rexnns do not constitute "good uu* shotn.' ' Appli.ation, page5 16-1E The code's review standards for PUDs are set forth at Section 15A-t310. The review criteria standards include, first and foremost, consistency with "the intent of the Town,s Comprehensive Plan'; and preservation of the communi$r character in a manner that ,sha[ be compatible with, or an enhancement of, the character of existing land uses in the area.. The Enclave's proposed new development does not meet, much lesi exceed, either of these standards. . Regarding consistency with the Town's Comprehensive plan, the intent of the plan isconcisely expressed with the mantra, 'Just big enough.' The Enctave's Appricatron diiclosesno reason why a new two-story building wourd not suIfice in lieu of the pi ip.r.a *"""-ri",ystructure. ASpEN I BASATT I GtEt{w0oD spRtt{cs 12-04-17 TC Packet I TAMAR Page 116 of 223 116 D D Is Endave Pt D Amendm€nt Obiection l2tter A$ilt4,ml1 Page 4 of 1l rlfulrrr I lIlttlrtrt I lrrtrlrrr I ta! t!llr! ll'l This is problematic because the proposed three-story structure is incompatible with, and does not enhance, the character of existing land uses. It will inevitably block views from certain Crestwood units, thereby reducing their enjoyment and resale value, and it will cast a shadow on Wood Road in the winter, creating an ice patch with the potential to send downhill-bound vehicles sliding into onmming haffic. Further, the stated purpose of the proposed new development is to fund capital improvements--{hiefly on neglected infrashucture items like siding, roofs, retaining walls, and paint-for which the Enclave has inadequate capital reserves. Had the need for these improvements resulted from some sort of unforeseen occurrence, like a wildiAe, hailstorm, or cave-in, there would be good cause for permitting fleibility in the town code in the interest of funding them. But such is not the case. The eventual need for these refurbishments has been apparent for decades, and the Enclave's lack of sufficient cash on hand to fund them is, therefore, not "tood cause shown" for amending the code. In sum, although the proposed new development exceeds 100 percent of the Enclave's maximum buildout, the Enclave cannot demonshate tood cause for a variance and does not meet, much less exceed, the review standards for PUDs. Section 16A-1,300(c)(4) thus provides that the Town should not consider the Application. 2. The proposed daelopment does nol achietse lhe community purposes for PUDs Achieving one or more of the community purposes "does not, by itself," entitle a development to buildout in excess of 65 percent of the pre-established maximum buildout, but they are factors for consideration.{ The Enclave does not meet them, and its rationale for claim.ing the community purposes oI Section 15A-!300(c)(5) are achieved is equivocal and misses the mark. The relevant community puposes are (a) reshicted housing, (b) sustainability, (c) open space, (d) encouraging better design, and (e) developing nec€ssary public facilities. (a) Restricted Housing: Although the proposed development does add slightly more than the required square footage of restricted housing the low number of employees actually housed should be viewed in proportion to the excessive buildout requested. the point of restricted housing is to provide adequate housing for new employees gene.uted by redevelopment in the Town.s The Enclave claims it exceeds the amount of employee housing that would otherwise be requLed by section 16A-rl-410 of the code by gl4 squire-feet.6 Basei'on the floor plan, that square footage would house two employees in the tr,vo_bedroom unit, Unit 3. ' Section 164-5,300(cXE). 5 See also Section l5A-4.4OO and Comprehenslve plan, Chapter 96 Application, page 29. I LAMARASpErit I BASAtT I ctEiltvooD spRtNGS12-04-17 TC Packet Page 117 of 223 BALCOMB&GREEN 117 l:Ie BALCOMB&GREEN Endave PL,DAmendment Obiection trtler Apd74,ml? PaSe 5 oI l! rrIlrrrl I r!llttrr[ | rrrtrillr I lrrlltt t t tttt However, the proposed size of Unit 3 (7M square feet) does not comply with the size- range for restricted, two-bedroom units, which must be between 750 and 1,080 square feet.7 To comply with the code, Unit 3 would need to become a one-bedroom, thus providing housing for only ore more employee. While providing housing for one Enclave employee more than the minimum required under the code is tood, it does not justify a 137 perc€nt increase in buildout---and certainly not one that also imposes additional burden on neighboring properties. (b) Sustainabili$: Developing an excess of new units in order to finance self- improvements does not satisfy the community purpose for sustainability. The town code encourages sustainable development that "diversifies the mix of lodging" and includes social, environmental, or economic benefits "that significandy conhibute to, grea0y enhance or are determined necessary for the sustainability of the community as a whole."6 The Enclave says it achieves this community purpose because it will fill a "dilferent housing niche" than a regular hotel and can supply patrons for the new performing arts center, because it builds on existinS infrashuctute, and because it adds a "bonus" affordable- housing unit.e 7 Se.tron 16A{-{lolc); and Applicatron, paSes 6, 21, and Exhibit M.I sect'on 15A-5-3011(cXEXb).t Application, pages 20-21, and 29. r0 Exhibit r ofthe Appriation carcurates the deveropment wil g€nerate 54.1 percent open ipace. whire the minimumrequi.emeBt is 25 percert, pu6uant to Section IOA-3-2m Table 3-2. This argument crumbles under scrutiny. To begin, the use of existing infrastructure is not a sustainability criterion under the code. Further, and as discussed in greater detail in Section B, below, the market lor two-to-five-bedroom condominiums in Snowmass Village is sahrrated. Adding six additional units of that type will only exacerbate the supply glut, thereby detracting from the foregoing sustainability factors. Nothing about the new condos will enhance the community at large in any social, environmental or economic respect. In sum, although there is some 'curb appeal' value to conducting long-neglected capital improvement proiects for the benefit of Enclave owners, adding six more condos to the etstint inventory hardly conhibutes to the sustainability of the community as a whole. (c) Open Space: The standard to achieve this community purpose is,,more and higherqualif' open space, which the Application fai.ls to deliver. The Enclave claims it has 29 percent more open space than is required.r, However, aslhe Enclave acknowledges in Exhibit -L, this percentage includes the area that was made ope.by recent vacating of the general ski-lift easement. Iflhat area is removed, the percentagi ofopen space is onry 25.7 percent. This barely meets the minimum required and ore.s nofiringof higher quality- Indeed, by imposing new three-story shuctures in an existing open viericorridor, the Enclave's proposal degrades the existint open space. 12-04-12 r8'flat'6At, I Gr'ENwooD sPRrNGs I TAMAR Page 118 of 223 118 D - BALCOM B&GREEN ASPEN I EASAtT (e Endave PUD Amendment Obiection Letter Aptl14,m17 P.te 5 of11 (d) Encourage Better Design: This community purpose actually applies to variations in dimensional limitations, not maximum buildouts.rr The claim that an "upgraded look" and additional parking to relieve pressure from the Town's infrastructure furthers the community purpose of ''better design"r'!thus misses the mark. Adding parking spaces to address the increased demand created by the development itself does not reduce pressure on the Town's infrastructue-it keeps that pressure constant.r3 And upgrading one development's look at the expense of a neighboring development's views is less a "better design" and more a "shifting burdens" analysis. (e) Develop Necessary Public Facilities: Fu.lfilknent of this community purpose requires the project contribute to the development of necessary public facilities. The facilities "shall be beyond the required mitigation meet the needs not only of the proiect residents bul also other residents and visitors oI the Town."t{ The Enclave says it will fulfill this purpose by givint the Town easements to facilitate a new bus pullout lane in front of the Enclave. Such a bus pullout only benefits the Enclave residents, not the Town's other residents and visitors. Furthermore, the Enclave has not demonshated any logical connection between the proffered bus puUout and its proposed three-story bui.lding. A new bus pullout could equally benefit a new two-story building at the Enclave, which would have the added benefit of reducing the degree of the maximum-buildout-variance being requested. In summary, wh.ile the proposed new development will shongly benefit the Enclave, it does not achieve the community purposes ofSection 15A-5-300(cX5).Instead, the requested buildout goes beyond what is needed to utilize the vacated ski-lift easement. It does so at the expense of the Enclave's neighbors, without providing any offsetting community benefits. 3. The Application des not amply with other applicable prooisions ol the toum codc. The Application does not comply with other appticable provisions of the lown code in that it does not comply with minor amendment oI a puD critedon, development standards for building design, and review standards for amendments to the official zone Dstrict Map. _ Ftst, the Application does not comply with the review standards for minoramendments of a PUD under Section 16A-$39o(3)(b). That standard hords "ttlhe propoJamendment shall not . . - have a substantialry adverse impact on tr," "";oy*"r,i oi LiJ u "A parcel's dimensional limitations rn.y be yaried (but its marimum buildout may not be achieved) to allow forgreater varlety in the type, design and layout ofb!ildings., Section 1GA_5-3OO(c){6i(0.It Application, paae 16.$ The Enclave is addrng 25 parking spaces while creatirg the demand for 23.5 parktog spaces.I' Section 16A-5.3m(cx6){e). 12 -04-17 TC Packet I GtENt{,00D SpRt cS I tArltAR Page 119 of223 lrrmur Irurlrurr Ilrrsrltr I trrllrt llrtl|tl 119 l:Is BALCOMB&GREEN EMlave PUD Amendment Objection Letter Aptil14,m17 Pa8e 7 of ll rrltlrr! | rtrltrrrrt I lrrlfl[r I lttrtl!IlMtt, abutting upon or across from the skeet oI the subject prcperty." Here there is a substantially adverse impact on the enioyment of the land across from the development. The views will be substantially effected and with the proximity of large buildings, and will reduce the enjoyment of the property. Third, the requested amendment to the Official Zone District Map is not consistent with review standards of Section 164-5-220(e). Those standards include demonstrathg that the amendment is consistent with the Comprehensive Plan and that necessary circumstances exist, such as a technical error or changed conditions azd a community need.r5 As mentioned in Section B below, the excessive development is not consistent with Comprehensive PIan because it does not limit Browth or minimize negative visual impacts from development, and there is no community need for additional hee-market condominium units.15 Thus, although circumstances changed with the ski-lift easement being vacated, hence becoming available for development, any new development on that parcel should be narrowly ta.ilored to meet the Enclave's needs without imposing any additional burdens on the community. The existing proposal does not meet thal standard. 4. fuducing the deaelopment from three to tnn stories, and thz corresponding nwnber oJ beds and units, would htter satisfy the greater buiklout oiteria. Reducing lhe proposed new development from three to two stories, with the corresponding reduction in scale across the board, would better satisfy the greater buildout criteria. Reducing the size of the development would befter satisfy the affordable housing purpose, by creating one more additional employee-housing unit in excess of the town code's requirements.rT Reducing the number of units on the market would be more sustainable for the community's condominium market and economy. Reducing the number of new beds would reduce the need for parking space and accomplish an additional L0-percent or greater reduction in the existing parking non-compliance.rs For these reasons, the Town ihould require the Enclave to evaluate and present a two-story alternative. 15 Sedion 15A-5-220(e)(4). 16 Comprehensive plan, Chapter T,lines 227, 541, 584-58G. and 564-566. 17 rf the Encrave deveroped a iwo-story unri, and reduced the number of beds from 19 to 11, the resurtiog squarefootaBe for employee housing needed would be essential 1,028 square feet or, based on the noo, pr"n, r,oiring fo,two more employees than is requlred by the code.u rt the Encrave reduced the number of beds from 19 to 11, the nonconformity wourd be .educed to 41_5 pa*irgspacer, codpared to the proposed nonconformity ot 50.S parkinS spaces. ASPEN I EASA|r I GLENWOODSpRtNcs 12-04-17 TC Packet I IAMAR Page 120of223 Second, the Application does not meet the development standards for building designs under Section 16A-4340(c)(5). This section requires buildings to preserve important sight lines, overlook and landmarks as viewed from public roadways and other public spaces, and as viewed from neighboring developments. Here, the three-story building does not preserve the important sight line as viewed from the neighboring Crestwood properties on the ground level. 120 Enclave PIJD Amendment Objeclion l.ttet Aprilu,mi Pate I of ll B. The Application is inconsistent with land use policies (Directive 2). The Enclave's proposal overreaches with respect to the Multifamily Comprehensively Planned Area (CPA) objectives, creates unnecessary development and is inconsistent with other important Comprehensive Plan policies. The Enclave's prcposal goes above and beyond this objective, but in a bad way. The Enclave may need to invest in capital improvements, but it represented at the April 3d ioint me€tint that the proposed new development will fund the entire reinv€stment costs. This oveneaches the objective of offsetling such costs, and amounts, instead, to the Enclave profitint at its neighbors' expense. The Enclave should thus be required to present a cost analysis explaining why a three-story building is necessary, and what portion of its anticipated improvement cosls could be offset with. Ior example, a two-story building with a different configuration of beds and units. The Town re€otnizes that development may have impacts on the community that must be considered, and mitigation of which must b€ evaluated. Chapter 7 of the Comprehensive Plan describes other important policies that town officials must consider when evaluating land use applications, indudint: le comp,ehensive plan, Chapter 7,line5 191-193 (emphasis added) I T.AMAR l:Ic BALCOM B&GREEN rrrltrrr I tIrL$ Irrllrlrri I Drr$3 t|tltit, ASPEN I BASATT I GTENWOOD SPRTNGS12-04-17 TC Packet Page 121 of223 i. Funding the revitalization efforts entirely from new development is overreaching under the key obiective for Mulhfamily CPAs. Chapter 7 @uilt Environment) of the Comprehensive Plan states that a key obiective for the Multifamily CPA (for which the Enclave is applying) is to "provide the ability to o//sel revitalization and reinvestment costs by considering increases in floor area."re i.i. The development is rlf-serving and itnores impacts on the communilv, in contradiction of important land use policies. r Consider l.imitations of growth before a decision may be made (line 227);. Minimize the negabve visual impacts of development oine 541);. Consider long-range goals and mmmunity needs when making specific land use decisions. Make decisions that b€st serve the resort and the community over the long term (lines 58tl-585); and . Prdserve the community character of Snowmass Village through intelligent land use, sensitive design, compatible mass, scale, and density, and full evaluation and mitigation of impacts caus€d by new development (lines 554_555). The Enclave's proposal violates each of these policies. 121 l:Ic BALCOM B&GREEN Endave PUD Amendment Objection Latte. Aprn1{,,nV Page 9 of ll rrllrrlr IrlrlIrIlIl I lrranIr I tll!rrri atltI$, First, and most importantly, the Enclave's proposal would add six additional units to an already saturated market. At present, Snowmass Village condominiums' average time on market is 385 days. This is, by far, the longest amount of tirne in any condo market within the Roaring Fork Valley.r MLS listings show there are currently 127 two- to five-bedroom condos on the market in Snowmass Yrllage, 27 of which (over one fifth) are in the Wood Road neighborhood encompassing the Enclave, Cresrwood, Assay Hill and Wood Run Place. All sittint on the market for, on averate, over a year. In sum, adding six additional units to this market is not exactly going to fill an unmet need. And doing so for the sole purpose of funding a "face lift " as the Enclave calls it, is irresponsible. Second, the development creates netative visual impacts for the Crestwood community. Various Crestwood property owners purchased their units specffically for the view they would enjoy. The proposed new building will have negative impacts on the aflected property owner's view corridors. Although this will only affect a minority of the Crestwood uniB, the fact remains that the Enclave's proposed new development will provide scant community benefits to offset this burden on its neighbors. Third, the development does not consider long-range goals and communilr needs. Developing six new units with no real benefit to the community other than enhanced "curb appeal" plus an exba employee unit to house an Enclave employee is chiefly self-serving. Self- serving needs are fine, as long as the ends do not accrue to the detriment of one's neighbors. But the Enclave's proposed tfuee-story building would meet the Enclave's needs at its neighbors' expense, thus failht to serve long-range goals or community needs. Fourth and finally, the Application does not does not consider the full impacts of the development or propose any mitigation of those impacts. The Enclave should thoughtfully consider the costs and benefits of developing two-story buildings in lieu of the three-story structures currendy proposed thereby reducint the visual impact of the buildings and putting less stress on the aheady-sah[ated condominium market. Although revitalization is encouraged, the town must be able to fully evaluate, and mitigate, the impacts caused by the development in order to preserve the community character through intellitent desitn. - _ The Enclave's proposal, in sum, is inconsistent with land use policies in that the benefits accrue almost entkely to the Enclave. The benefits to the greater community areaftenuated and do not offset the additional burdens the Encrave's proposal would create. TheEnclave should be required to evaluate the feasib ity of ress onlrous alternatives, such asremoving the third story from the proposed new buitiings. It stands to reason that doins sowould be more consistent with rhe Comprehensive plan iolicies while still ;;h;;;;,il?; r0Thi5 number is anificially lgw because it does not account tor condos that were pulled off the ma.ket and thenput.back qn. ln 2016, Aspen (ondos spent an averaSe of 250 Oays on ttre martet, Llenwood spring! 95 days,Carbondale 133 days, and Ba5alt ?Ot days. ASPEN I BASATT I12-04-17 TC Packet Gt€NW00D SPR tt{ cs I TAMAR Page 122of223 122 I:Ig BALCOM B&GREEN Enclave PUD Amendment Objection lrtter Apl]l14,mt7 PaSe 10 of ll rfiorrt I rrrlllnrl | llnlrlltt I lt!ll$ llttII! objective of offsetting revitalization costs. The limitations of growth would be better considered, the negative visual impact of development would be minimized, and the communi$r character would be better preserved. C. The Application does not comply with the proposed underlying 'MF' Zone District's development parameters (Directive 1). The Enclave proposes amending the underlying zone district to mulfrlamily (MF) so that it can build more units to fund an upgrade, but it does not mmply with the MF development parameters for the maximum buildout. This requires a variance in excess of what may be needed. The code allows for variations with strict application of zoning district standards, provided such variations are consistent with the Plan, and will result in benefits for the community.2l The intent is to increase community value and allow flexibility for landowners to beneficially plan for the overall development of their I and to lhe extent that the final product presents a net positive result lor the community.z rr Section 16A-5-3OO(al. 1r Section 164-5-300(.){7)! S€ction 15A-S-390(3){b} " Section 164-5-340(3Xb) ASPEN ISASALI I 12-04-17 TC Packet G LENWo00 sPRtNcs I TAMAR Page 123of223 As discussed above, the variance that the Enclave seeks goes well beyond what is necessary to accomplish the goal of revitalization and does not sufficiently b€nefit the community. The Enclave is asking for as much development as it can get, at the expense of its neighbors views and the greater condominium market. A similar proposal that permitted the Enclave to offs€t development costs while providing no impact on the neighbors would be more tolerable- D. The height of the proposed new buildings will negatively impact estabtished view corridors (Directive 5). As mentioned above, the proposed amendment must have no substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property.a Buildings should be preserve important sitht Lines, overlook and landmark as viewed from neighboring developments.z The Endave daims that the new development will be "minimaly visible from neighboring structures" and included.mock-up pictures from the third-floorLlcony of the Crestwood, Building G, as the "most effected' viiw. _ ThT is disingenuous. The most effected views are the groundJevel units in thecrestwood Grape building the third-floor, comer unit's added f,eight 6ues it " signuiie 123 l:(e Enalnve PUD Amendment Obie.tion L€tter Aprt 11,zJ17 Page 1l of 1l advantage that the Enclave's Application exploits. The reality is that any three-story structure the Enclave builds in the former skllift easement is goint to negatively impact views and sightlines from the Crestwood Grape building's ground- and second-floor units. E. The proposed newbuilding will create a natural hazard, in the form ofan ice shadow on Wood Road (Directive 9). Building the unit close to Wood Road at the current height will likely ceate a natural hazard: a wintertime shadow over the lane in which downhill traffic travels. This could cause vehicles to lose control and slide into oncoming halfic (or the new bus lane and pedestrian crossing), and would impose additional road-maintenance burdens on the Town. If that same building were only two-stories hi8h, the ice shadow potential would be removed. Conclusion In sum, the planning commission should recommend that the town council deny the Application for failing to satisfy the greater-buildout criteria. If the Endave wishes to proceed with the Applicaton, it should be required to evaluate the feasibility of, and present a revised Application that includes, a proposal to construct a two-story building in lieu of the currently proposed three-story structure. S, Gibson Lucas F. Van fusdale Altorrys for oarious Creshtnoil property oumers BALCOMB&GREEN rrl lrr Irtrrtt,rlt I rnarfill Iart,ll llrltta, ASpEN I EASAtT I ct_ENWOODSpRtNcs 12-04-17 TC Packet I TAMAR Page 124of223 Sincerely, BALCOMB & GREEN, P.C. BY;L 124 To: Snowmass Village Town Council From: Page and Walt Henrion 3922 Windsor Ave. Dallas, TX 75205 Subject: The new buildings on The Enclave property We would like to ask you not to support The Enclave's new building project. As homeowners at The Crestwood, our development is affected adversely by this addition to Snowmass Village. But our concern is larger than that. The developers, with the consent of the governing bodies of Snowmass Village, have increased the density to a breaking point within the area of Base Village and immediate areas. We are starting to feel like a smaller version of Manhattan. There is just too much building in too small an area. And with an addition to The Enclave area, it is really starting to choke the whole open, green feeling of Snowmass Village. We need to see something other than buildings. Please consider these thoughts when you make the decision on The Enclave. I know the developers want to make money and don't really care about the well-being of a community. And a city always wants tax dollars. But we are hoping that The Town Council will weigh all considerations and stop over-development. Thank you for considering our thoughts. 12-04-17 TC Packet Page 125of223 We feel The Enclave has really proposed something that is negative to everyone, who lives in or visits the Base Village area. What if New City had failed to create Central Park? 125 From: !ig!5.1Q!qL!9l! Date: September 5, 2017 at 6:02:39 PM M0T To: mbutler@tosv.com Subiect: Enclave addition Dear TOSV, As the owners of Hickory 2215, Crestwood for the last 35 years, we find it extremely alarming that the Enclave may be permitted to build lheir planned units which will set a dangerous precedent in allowing all other properties to construcl additional units on every available space in Snowrass Village. This will eventually turn every op€n space into buildings and we can imagine how that would completely ruin the ambiance of Snowmass Village. We implore the elec{ed officials to veto this plan! Thank you Sherry and Larry Sietsma Crestwood H-2215 12-04-17 TC Packet Page 126of223 126 [rom: Anna Klavins <4l!B!]iti!lg-gu4jL!eu> Drte: September 5,2017 al7:.35:ll PM MDT To: nrbul l!'r iilos\.conl Subject: Letter to Town Council re: The Enclave Construction Dear Mr. Butler, I received your contact details from a fellorv orvner ofThe Crestwood condominiums. I am the owner of Unit #l l2l ofthe Crestrvood's Grape Building. My unit is directly across the Elk Gondola path from proposed Enclave development site, and I'm very concerned that the value of my property (and the viervs) rvill be significantly impaired due to the proposed Enclave new construction. I would be gateful ifthe Town Council could consider the attached letter in its upcoming meeting where the Enclave's proposal will be considered. As mentioned in the letter, there are altematives to the Enclave's plans (i.e. a 2-story construction rather than a 3-story conslruction) that would accommodate lhe Enclave's plans rvithout detrimentally impacting the Crestwood Property values. Please don't hesilate to reach out to me ifyou have any questions or need more information Kind regards Anna Anna Klavins The Creswtood #ll2l 400 Wood Road Snowman Village, CO 8l61 5 <Enclave Letter (05-Sep-20 I 7).pdl> 12-04-17 TC Packet Page 127 of223 127 Anna Klayins 59 South Bay Road l8C Soulh Bay Tow,ers Repulse Bal, Hong Kong September 6,2017 'Io:l'he Town Council Toum of Snowmass Village From: Anna Klavins Orvner, Crestwood Unit #l l2l 400 Wood Road Snowmass Village, CO 81615 Re: Opposition to Proposed Enclave PUD Arnendment Dear'l'own Council Members, I purchased a Crestwood two bedroont condominium, Unit #l l2l in the Grape building, in August 2016 after renting another Crestwood unit for a farnily holiday in March 2016. My husband, two sons and I are Alnerican but have lived in Asia for nearly l3 years. Althouglr snow is not a part of our daily existence in Hong Kong, we are avid skiers and enjoyed our tirne in Snowmass so much that rve decided to buy a condonrinium. The idea was that Snowmass offered a beautiful place where u'e coutd ski as well as spend tirne with our elderly parents and grandparents who live in the US and are no longer able to make the long journey to visit us in Hong Kong. In May 2016, I asked my parents to take a trip to Snowmass on tny behalf to look at available properties. Our real estate agent shorved them a number of units throughout the Village but Crestwood #l120 stood out for two reasons: (i) the view and (ii) the accessibility to the slopes. The condominium was above our budget but we decided to stretch it a bit in order lo secure these two cornpelling features. In August 2016, at the time of our purchase, we were aware of the planned Base Village i Limelight developnrent and were excited about the revitalization and facilities that this project would bring to Snorvmass Village. Intportantly, rve also felt that the Base Village project was sufficiently down slope to not have a material impact on the valley and rnountain views from our condominium. Since purchasing tlre condotninium in August 2016, rve have made - and continue to make - signifrcant investments in the property. We first had to replace the fireplace (total cost of $20,000) and are now making rnuch needed renovations to the interior of the condominium, which will total about $100.000 ($64,000 for the contractor's work and another 535-40,000 for the fumislrings). I obtained notice of the proposed amendment to the Enclave PUD earlier this summer and since then have requested and reviewed more information about the proposed anrendment. I am dismayed to leanr that a 1 12-04-17 TC Packet Page 128 of 223 128 ne$'building is proposed directly across and downhill liom my condominium, which apparently was not included in the original PUD. Iundcrstand an argumcnt has bccn put forth thal the proposed Enclave building will obscure prirnarily the view of the planned Base Village buildings. However, the renderings for the buildings are clear that this is not the case, and \4,hen I was in Snownass this summer, I could see for myself that t)re proposed building will have a hugely detrimental impact on the ground floor condominiums in the Crestwood Grape building. The proposed Enclave constmction will materially obstruct our down valley and mountain vicws, llrus essentially elirninating the onc of thc lwo main reasons that we purchased the propeny last year. In other words, if we had known this new construction rvas planned at the Enclave, rve would not lrave purchased lhe unit and we cenainly lvouldn't have started on the renovation projects, which $e began before receiving notice ofThe Enclave's construction plans. While I also understand the Enclaye's desire to enhance its propeny, any such enhancement should no( come at the price of materially depreciating the propeny and enjol,rnent values of the Crestwood Grape building owners. The Enclave could achieve its goal in a way thal is less damaging to its neighbors by simply considering a t\r'o-story structure rather than the proposed three-story structure. In sutntnary I s(renuously oppose the approval of the Proposed Enclave PUD Amendn')ent. The proposed ne\l building $ ill decrease thc enjoynent and markel value ofseveral Crestwood condominiums, including mine, r.r'ithout adding any ofthe aurenities, vitality, or other benefits lhat lhe new Base Village provides. I]re'gards Anna Klavins 2 12-04-17 TC Packet Page 129 of223 129 From: Leonard Sakai ardsakaiTl ail.com> Date: September 6, 2017 at 11:25:59 AM MDT To: mbutler@tosv.com Subiect: €nclave expanslon This project will add too much congestion to the Base Village. Please do not approve it. Leonard & l(athy Sakai. Crestwood Unit 2309 12-04-17 TC Packet Page 130 of223 130 From: "Eckert, Rosemarie C" <ceckert@tulane.edu> Date: September 6, 2017 at 11:03:15 AM MDT To: "mbutler@tosv-com" <mbutler@tosv.com> Subl€ct: Enclave expanslon To: snowmass town council From: R. Christa KOHLER co-owner of 2316 Crestwood condominium . 504 512{758 Subject: proposed Enclave new building expansion I , too, oppose the new expansion at the Enclave. With the new buildings at the Base village, Snowmass Village will expand, and the additional buildings at the Enclave will only take away from more green space, which is badly needed to keep the flavor of Snowmass village the wonderful family -oriented mixture of green space and amenities which brings visitors, especially lamilies, back to Snowmass year after year. 12-04-17 TC Packet Page 131 of223 131 The Enclave Association. lnc. 0360 Wood Road P.O. Box 81615 Snou'mass Village, Colorado 8 I 6l 5 April 12.2017 The Crestrvood Condominium Association, Inc. c/o Roben Sinko, President and General Manager By Email (Roberts@thecrestwood.com) 400 Wood Road P.O. Box 5460 Snorvmass Village. Colorado 81615 Re: Agreernent with The Enclave Association, lnc. for Non-Opposition of its Land Use Application to the Torvn of Snowmass Village f)!'ar Robert: Over the past several rveeks you have rvorked closely with me and the other members ofthe Enclave developnrent team to irnprove the visual impact ofour proposed ne$ building on lhe Creslrvood Corrdominiums and to address panicular concerns raised by Peter Dohr and Mark Lanzerotte, the owners ofCrestrvood Units O-l 120 and G1220, respectively. Messrs. Dohr and Lanzerotte rvere concemed that lhe building rvhich rvill house nerv units at the Enclave might impair the dorvn-valley viervs from each oftheir units. We responded to these concerns by agreeing to lower the height ofthe building by about 20,'by reducing its roofslope and by physically dropping the building about 12" further into the hillside. In addition, the chimneys *ere lowered by 42". As you sarv last Friday and Tuesday, Jim Custafson and Randy Henrie ofZ Group Architects produced before-and-after photo simulations ofthe proposed building as it rvill be seen from Messrs. Lanzerotte's and Dohr's unils once Buildings 5, l0A and l0B ofBase Village are constructed. As you know, the Base Village development has been finally approved by the Torn. Exhibit A, anached hereto, is a pholo simulation ofthe Enclave's proposed nerv building.45 oreviouslv submitted to the Town, as seen from the ground floor of Messrs. Lanzerotte'i iiDohis units. Exhibit B is a photo simulalion from rhe same vantage point, but the height ofthe Enclave project has been reduced as set forth above. As shown at the top ofthe next page' the changes rve identified to make to the prans originarysubmitted to the Torvn open up substantially more mountain view fronr the crestrvood t-han *aspreviousl' proposed. we are rvilling to_modifl'our proposal to the Town of sno.rr^, viiiug.-(the "Torvn") under the terms and conditions descriLej in this letter. 12-04-17 TC Packet Page 132of223 132 Dorvn Valley Vierv as Originally Proposed to the Torvn Dorvn Valley Vierv Under Modified Plan (Building lorvered 12", roof lorvered 19.68", chimney lowered 42") Further, rve have identified a portion of the Enclave common area rvhich is located adjacent to the Creshvood, but which is not subject to any ski easement. This property can be used by owners and guests of your project for ski-in, ski-out access. That property is shown on the survey ofthe Enclave parcel in the excerpt found here. To secure the support of the Crestrvood Condominium Association ("Crestrvood"), as set forth in this letter agreement. The Enclave Association, Inc. (the "Enclave"), proposes to grant a non- exclusive easement to Crestwood olvners and their guests for access and other puipor.r, including the construction of non-permanent improvements rvhich do not requiie u UrilAingpermit over this area of the Enclave parcel. A non-exclusive easement is necessarv from th-e \\ \ Crestwood Condominiums 12-04-17 TC Packet Page 133 of 223 I I Potential Easement Crestwood \ 133 Enclave's poirlt ofvicw bccatse the Enclave may havc mainter)ance obligations for undcrground utilities located within the arca which may bc curently unknown to the Enclave. In consideration ofThe Crestwood Cottdominium Association's non-opposition to the EnclaYe's current land use application to the Town, including all communications with Town staff, members ofthe Planning Comntission, Town Council and all applicable refenal agencies, the F)rclave shall amend i(s application (o reduce the heiBhl ofthe new building as set foflh above. ln addilion, at lhe completion of the'l'own's consideration ofthe llnclave's land use application (including both Preliminarl and Final approval steps), the Enclave rvill grant the easenlent described in lhe preceding paragraph, "Non-opposition" by thc Crestwood means that the "olTicial" position ofthe Crestwood is that it does not oppose any aspect of the Enclave's land use application and will not, through any written or verbal commuricalion, express any opposition thc application. This policy will apply to communic0tions madc by any officer or Board member of the Creslwood acting in their representative capacity. We undersL:rnd that you have transmitl€d a copy of this letter to lhe Board, and its Chaimrat hiu directcd you to sign on its behalL Please sign on the line provided below to memorialize the comnritment ofThe Crestrvood Condotninium Association. lnc. to be bol]nd by the covena ts sel forth above. Thank you for your cooperalion in achieving a mulually-acceptable solution to the visual impacts ofour proposed new building. Sincerely, TIIE a Col E ASSOCIAT{ON, INC.ENCLAV ora.do non corporation Ilv:.!.t el BI Presidcnt AGREED AND ACCEPTED TI{IS DAY OI- APRIL, 20I7 ]'HE CRESTWOOD CONDOMINILIM ASSOCIATION, INC a Colorado no troncorrrora By:I Robert Sinko President and General Manager ,/ ,1 12-04-17 TC Packet Page 134 ot223 134 Town of Snowmass Village Agenda ltem Summary DATE OF MEETING FIRST READING. ORDINANCE NO. 15, SERIES 2017 - AN ORDINANCE AMENDING ARTICLE V - ANIMALS AND ARTICLE VI - WILDLIFE PROTECTION OF CHAPTER 7 - HEALTH, SANITATION AND ANIMALS, ARTICLE II - PARKING REGULATIONS OF CHAPTER 8 - VEHCLES AND TBAFFIC, AND ARTICLE II* OFFENSES RELATING TO STREETS AND PUBLIC PLACES AND ARTICLE III- OFFENSES AGAINST PUBLIC PEACE, ORDER AND SAFETY AND ARTICLE IV - OFFENSES RELATED TO ALCOHOLIC BEAVERAGES AND ARTICLE V - SMOKING BEGULATIONS AND ARTICLE VI - NOISE AND ARTICLE VII - OFFENSES RELATED TO SKI AREAS AND RECREATION FACLILITIES OF CHAPTER 1O - GENERAL OFFENSES. PRESENTED BY: Brian Olson, Chief of Police BACKGROUND: Many oi the penally assessments within the Town's Municipal Code, chaplers 7,8 & 10 have not been updated in decades. This ordinance is intended to accomplish those needed updates to maintain our Code's enforcement philosophy of encouraging voluntary compliance. The penalty assessment changes are outlined below: Article V Animals and Article Vl Wildlile Prolection of Chapter 7 - Health, Sanitation and Animals . Conservative f ine increases were applied in lirst and/or second violations. Third violations result in a summons to court. Anolher update includes changing a mandatory summons to court for the first violalion inlo first & second violation penalty assessments wilh a third violation summons to courl. o Animals prohibited on public property (Sec.7-84)t Current summons - Amended to $50/$100/sumo Dogs running at large (Sec.7-124)r Current 920/940/$60/sum Amended 935/950/sum(altered)r Current $30/$60/$90/sum Amended $50/$75/sum(unaltered)o Wildlife resistant conlainers required (Sec.7-152). Current $50/$250/sum Amended $100/$250/sumo Wildlile resistant containers secure (Sec.7-153). Current 950/9250/sum Amended $50/$500/sumo Special Event Refuse (Sec.7-155) 12-04-17 TC Packet Page 135of223 December 4, 2017 AGENDA ITEM: 135 r Current$250/$500/sumAmended $250/$750/sumo Feeding wildlile (Sec.7-157) . Current $50/$250/sum Amended $75l9250/sum Article ll Parking Regulations of Chapter I - Vehicles and Traflico This includes an update to "Camping Prohibited" Sec. 8-29. Changing the first violation lrom a mandatory court summons to a $50.00 penalty assessment and a summons for subsequent violations.. Seclion 8-32 Parking Regulations on Private Property is added as a new seclion to provide the abilily for the town to enter into an agreement to enforce parking rules on that private property. Article ll Offenses related to slreets and public places, Article lll Offenses against public peace, order and safety, Article lV Offenses relating to alcoholic beverages, Article V Smoking, Article Vl Noise and Article Vll Offenses relating to ski areas and recrealion facilities of Chapter 10-General Otfenses. . Updates to these articles include changing the first violation lrom a mandatory court summons to a penalty assessmenl and a summons lor subsequenl violalions. o Unlawlul Conduct Public Property (Sec.10-21)from summons to $50.00 PA. o Litlering (Sec.10-28) summons to $200 o Throwing of Missiles (Sec 10-42) summons to $50.00 o Urinating in Public (Sec.'10-48) summons to $100.00 o Smoking prohibited (Sec.10-83) summons lo $50.00 o Noise, unreasonable (Sec.10-101) summons to $100.00 . lncreases in existing penally assessments are applied to several sections. o Seasonal Trait Closure (Sec.l0-29) lrom $50.00 to $100.00 o Open Container ol alcohol (Sec.10-61) $25.00 to $50.00 o Skiing In a closed area (Sec.10-122) $150.00 to $250.00 o Deceptive use of a lacility (Sec.10-123) $150.00 to $250.00 o Using a ,alse ticket (Sec.10-124) $1 50.00 to $250.00. New trail names and clarifying lhe closure date language was applied to Sec. 10-29 Seasonal Trail Closures. 'Note- a courl appearance option is always provided to the person charged with a penalty assessment. FINANCIAL IMPACT: Revenues may increase annually between $500.00 - $1,000.00. APPLICABILITY TO COUNCIL GOALS & OB]ECTIVES The changes identilied are consislent with historical enlorcement philosophies Page 136 of 22312-04-17 TC Packet 136 COUNCIL OPTIONS: 1 . Approve and adopt Ordinance 15, 20'l.7 , as presented. 2. Modify Ordinance 15,2017, then adopt it, or 3. Choose not to adopt Ordinance 15,2017. SIAFF RECOMMENDATION: Statf recommends lirst reading adoption of Ordinance 15,2017, as presenled. ATTACHMENTS: Ordinance 15,2017 Chapter 7, Article V Sec. 7-135 Penalty Assessment and Sec. 7-161 Penalty Assessment Chapter 8, Article ll Sec. 8-31 Penalty and Sec 8-32 Parking Regulations on Private Property Chapter 10, lll, lV, V, Vl and Vll. 12-04-17 TC Packet Page 137 of223 137 I 2 3 4 5 6 7 8 9 l0 ll I2 l3 t4 l5 l6 t7 l8 l9 20 2t )) 23 24 25 26 27 28 29 30 3l 32 JJ 34 35 36 37 38 39 40 4t 42 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 15 SERIES OF 2017 AN ORDINANCE AMENDING AND RESTATING THE SNOWMASS VILLAGE MUNICIPAL CODE PROVISIONS OF: 1) ARTTCLE V - ANTMALS AND ARTTCLE Vl - W|LDL|FE PROTECTTON tN CHAPTER 7 - HEALTH, SANITATION AND ANIMALS; 2) ARTICLE il - PARKTNG REGULATTONS OF CHAPTER I - VEH]CLES AND TRAFFIC; AND 3) ARTTCLE [ - OFFENSES RELATTNG TO STREETS AND PUBLIC pLACES; ARTICLE III - OFFENSES AGAINST PUBLIC PEACE, ORDER AND SAFETY AND ARTICLE IV - OFFENSES RELATED TO ALCOHOLIC BEAVERAGES AND ARTICLE V - SMOKING REGULATIONS AND ARTICLE VI - NOISE AND ARTICLE VII- OFFENSES RELATED TO SKI AREAS AND BECREATION FACLILITIES OF CHAPTER 1O - GENERAL OFFENSES WHEREAS, Town Council has been advised by the Chief of Police and the Municipal Prosecutor regarding the progressive obsolescence of many of the Snowmass Village Municipal Code (the "Code") provisions for minor offenses; and WHEREAS, Council has reviewed and discussed proposed amendments to the Code regarding revisions to standards penalty assessments and the timing of issuance of summons to the Municipal Court in instances of repeated violations ol the Code; and WHEREAS, such Code amendments are made by Town Council pursuant to Code Section 1-47; and WHEREAS, Town Council finds that the adoption of this Ordinance is necessary for the preseruation of the public health, safety and wellare. NOW, THEREFORE, BE lT ORDAINED, by the Town Council ol the Town of Snowmass Village, as follows: 'I . That the following Snowmass Village Municipal Code Sections in Chapter 7 are hereby amended or added to read as follows: A) Section 7-135. Penalty Assessment. The following penalty assessments are declared to be mandatory and minimum Animal Litter Prohibited (Sec. 7-82) First offense within I year Second offense within I year Animals Prohibitcd on Public Prope(y (Sec. 7-84) $25.m Summons 43 44 45 46 47 12-04-17 TC Packet Page 138of223 138 Ord. 17-15 Page 2 of 8 48 49 50 5l 5Z 53 54 55 56 57 58 59 60 6l 62 63 64 65 66 67 68 69 70ll 72 73 14 75 76 77 7870 80 81 82 83 84 85 86 Unauended Animals (Sec. 7-88) First offense within I year Second offense within I year Harassment (Sec. 7-89) First offense uithin I year Second offense within I year Animals DisturbinS the Peace and Quiet Firsl offense wilhin I year Second olfense within I year Third offcnse within I year (Scc.7-98) vaccinarion Required for Cat (Sec. 7-99) Dogs Running at l-arge Prohibitcd (Se(. 7-124) Firsl offense wilhin I year Altered Urallered Second offense within I year Altered Unaltered Third offense within I year Alrcrcd Unallered $r5.fi) $50.00 $50.00 $75.00 Summons Summons Firsr Offcnse Second Oflensc Third OlTense $50.00 $r m.00 Summons $:5.U) Summons $s0.m Summons $25.00 $50.00 Summons $t5.00 Dog License Required (Sec. 7-125)$t5.00 Dog Vaccination Required (Sec. 7-127)$r5.00 B) Seclion 7-161 . Penalty Assessment. The following penalty assessments are declared to be mandatory and minimum: Wildlife Resistant Refusc Container (Sec. 7-152): 87 88 89 First offense within I year Second offense within I year Third offense within I year $100.00 $250.00 Summons 90 9l 92 93 91 Maintenance of Wildlife Resistant Refuse Containers and Wildlife Resistant Dumpster Enclosures (Sec. 7-153): First offense within I year $50.00 Second offense within I year $500.00 Third offense within I year Summons 95 12-04-17 TC Packet Page 139 of223 139 Ord. 17-15 Page 3 ol 8 100 l0l 102 103 10.1 r05 106 107 96 91 98 99 Residential Refuse Disposal (Sec. 7-154): First offense within I year $5O.0O Second offense within I year $250.00 Third offense within I year Summons n2 I l3 Construction Site Refuse Disposal (Sec. 7-156): First offense within I year S250.00 Second offense within I year $500.00 Third offense within I year $Summons Feeding of Wildlife (Sec. 7-157): First offense within I year $75.00 Second offense within I year $250.00 Third offense within I year Summons 2. That the following Snowmass Village Municipal Code Sections in Chapter 8 are hereby amended or added to read as follows: A) Section. 8-31. - PenaltY.u4 Camping Prohibited (Sec. 8-29) First offense Second offense ss0.00 Summons Il6 n7 ll8 il9 t20 tzl 122 t23 t24 t25 t26 127 r28 129 (a) Any person convicted of falsitying information on permit applications, of transferring a permit to a vehicle other than the vehicle appearing on the permit application, ot copying, altering or lorging a permit or of improperly diskibuting Premium Guest Permits shall be lined not less than three hundred dollars ($300.00) nor greater than one thousand dollars ($1,000.00) per violation, which shall be a strict liability offense, for which the fine shall not be suspended. (b) Any person convicted of violating any provision o{ this Article, other than those listed in Subsection (a) above, shall be lined an amount not less than filty dollars ($50.00), nor greater than one thousand dollars ($1,000.00) per violation, which fine shall be a strict liability otfense, for which the Jine shall not be suspended; provided, however, that the original penalty assessment may be paid within twenty (20) days from the date o{ the violation. 12-04-17 TC Packet Special Event Refuse Disposal (Sec.7-155): First offense within I year $250.00 Second offense within I year 5750.00 Third offense within I year Summons 108 109 ll0ill ll5 .l II l Page 140 of223 140 Ord. l7-15 Page 4 of 8 130 l3l 132 133 134 135 136 t37 138 139 140 l4l B) Section 8-32. - Parking Regulations on Private Property At any place within this municipality where clearly marked signs or markings are posted by the owner, or lessee, of the propedy, giving notice of any stopping, slanding or parking restrictions or prohibitions, no person shall stop, stand or park a vehicle in any manner in violation of the provisions contained on such sign or signs. Any violation thereof shall be punished as in other cases of unlawful parklng; provided, however, the owner or lessee of the property must provide a written request for such enforcemenl and the Chief of Police must approve the requesl, with any appropriate conditions, in writing. 3. That the following Snowmass Village Municipal Code Sections in Chapter 10 are hereby amended or added to read as follows: A) Subsection (c) of Section 10-28. Littering ol public property. (c) Any person convicted of a second violation of this Section shall be fined not less than two hundred dollars ($200.00) nor greater than one thousand dollars ($1 ,000.00) per violation, which shall be a strict liability offense for which the fine shall not be suspended. B) Section 10-29. Seasonal trail closures. It shall be unlawlul for any person to use by any means the following trails during wildlife sensitive periods as follows: Trail Name Dates Closed Anaerobic Nightmare Trail April 25th through and including June 20th t43 144 112 I45 146 t47 t48 149 150 l5l t52 r53 154 155 12-04-17 TC Packet Page 141 of223 141 Ord. 17-15 Page 5 ol I Government Trail easl of Elk Camp Work Road May 15th lhrough and including June December 'l through and including May 1srh April 25th through and including June 20rh April 25th through and including June 20th December 1st through and includlng May 1srh Rim Trail northeast of Sinclair Road Sequel Trail Tom Blake Trail View Line Trail Seven Star Trail Deadline Trail December l st through and including May 1sth December 1 st through and including May 1srh 156 r57 r58 I59 ln addition, the seasonal closure dates shall be from December 1 through May 15 lor any trail developed by the Town that provides a direct connection to the Sky Mountain Park trail system. C) Section 10-31 . Penalties. Otfense Penalty Unlavvful Conducl on Public Property (Sec.10-21) First otfense $50.00 Second otfense Summons 160 l6l 12-04-17 TC Packet Page 142of223 T -T -I I 142 Ord. 17-15 Page 6 of 8 t62 163 t64 Littering (Sec. 10-28 (aXU)) First offense Second offense Seasonal Trail Closure (Sec. 10-29) First offense Second offense D) Section 10-49 Penalties. Offense Throwing of Missiles (Sec. 10-42) First offense $50.00 Second offense Urinating in Public (Sec. 10-48) First offense Second offense E) Section 10-63 Penalties Offense Public Consumption and Possession of Open Containers (Sec. 10-61 (1X2)) First offense Second offense (a) Upon the conviction of a second or succeeding violation of any of the provisions of this Article, the violator shall be fined a minimum of fifty dollars ($50.001, which may not be suspended, and shall be punished by imprisonment for a period of not more than one (1) year, at the discretion of the court, or both. 165 166 167 168 t69 170 t7t t72 $200.00 Summons $100.00 Summons Penalty Summons $50.00 Summons Penalty $50.00 Summons 12-04-17 TC Packet Page 143 of 223 Ij l I l l r_T f- I I l l l l l l I l l 143 Ord. 17-15 Page 7 ol I 173 174 175 t76 t77 178 t79 180 l8l F) Section 10-86 Penalty Assessment. Offense Penalty Smoking Prohibited (Sec. 10-83(1)) First offense $s0.00 Second offense G) Section 10-102 Penalty Assessment. Offense Noise, unreasonable (Sec. 10-101) First offense Second offense H) Section 10-127 Penalty assessmenl. The following penalty assessments are declared to be mandatory and minimum: Offense Skiing in a closed area prohibited (Sec. 10-122) First offense $250.00 Second offense Deceptive use of a facility (Sec. 10-123) First offense Second offense Using a false ticket (Sec. 10-1241 Summons Penalty $100.00 Summons Penalty Summons $250.00 Summons 12-04-17 TC Packet Page 144 of 223 I j I J I II r r- r T l I l l J J l l r 144 Ord. 17-15 Page 8 of 8 First offense Second offense Making a talse ticket (Sec. 10-125) II (Sec. 10-126) $250.00 Summons Summons Summons Thett by resale of a lift ticket or coupon First offense 182 183 184 185 186 r87 188 189 r90 r9t 192 t93 191 195 196 t97 198 199 200 201 20? 203 2M 205 206 207 208 209 4. Seve rabilitv. ll an y provision ol this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not aflect an or application ol this Ordinance which can be given eftect without the i application, and, to this end, the provisions of this Ordinance are seve y other provision nvalid provision or rable. Reading on December 4, 2017 upon a motion by Council the second ol Council Member --, and upon a READ, APPROVED AND ADOPTED by lhe Town Council of the Town ol Snowmass Village on First Member vote ol in lavor and against. READ, APPROVED AND ADOPTED as amended, by lhe Town Council ol the Town ol snowmass Village on Second Reading on December 18, 2017 upon a motion by Council Member the second of Council Member and upon a vote of - in lavor and - againsl. TOWN OF SNOWMASS VILLAGE ATTEST: Markey Butler, Mayor Rhonda Coxon, Town Clerk 12-04-17 TC Packet Page 145of223 145 C}IAPI'T]R 7 Health, Sanitation and Aninrals Article II Article lll Articlc I Articlc IV Articlc V Scc. 7- I Scc.7-2 Scc.7-3 Nuisances Scc. 7-21 Solid Waste Sec. 7-31 Scc.7-32 Scc.7-33 Sec.7-34 Sec.7-35 Scc.7-36 Sec.7-3? Sec. ?-3tt Sec.7-39 Sec.7-40 Scc.7-41 Recycling Scc. 7-61 Sec.7-62 Sec.7'63 Sec.7-6-1 Sec.7-65 Scc. ?-66 Animals rldministration of Nuisaoces Prohibition against nuisances; right of cntry lo investigate Abatement of nuisances Remedics cumulative Nuisanccs dcclarcd Application Definitions Who may collect refuse Dumpstcr cnclosure Appcals from the decisions of Public Works Dircctor Residential collection practices Commercial collection practices Gencral collection practiccs Prohibited practices Rules and regulations Fces Applicability Delinitions Who may collcct rccyclablcs Rcsidential collcction practiccs Commcrcial collcction practices Rulcs and rcgulations Definitions Animal litter prohibited Animal premiscs Animals prohibited on public proPcrty Cruelty to animals prohibited Lcghold traps Prohibited animals Unallend!'d animals Harassmenl Vicious animals Animal bites lmpoundment Disposition of inrpounded animals lmpoundmcnt fees Abandonmcnt Relinquishment of ownership Adoptions Animals disturbing the pcacc and quict Vaccination rcquircd for cats Proof of vaccina(ion for cats Cals - Iltandatory confinement Catteries prohibitcd Frightening horses Horses limited Sec.7-l2l Dog - Collar or harness Sec. Sec. Sec. Sec. Scc. Scc. Sec. Scc. Sec. Scc. Scc. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Scc. Sec. Sec. Sec. Sec^. Sec. 7-86 7 -87 7-88 7 -89 7-90 't -91 't -92 7 -93 7 -94 7 -95 1-96 't -91 7-98 7 -99 7- 100 7-l0t 1-t02 7- 10.1 7- 104 7-81 7 -82 7-83 7 -84 7,85 12-04-17 TC Packet Page 146of223 146 Sec.7-122 Dog Kennels prohibited Sec. 7-123 Dogs - Mandatory confinemenr Sec.7-124 Dogs - Running a( large prohibited Sec.7-125 Dog License required Sec.7-126 Dog - Exemptions from license Sec.7-127 Dogvaccinationrequired Sec.7-128 Dog license term Sec. 7- 129 Dog license fees Sec. 7- 130 Dog . Changc of lrrcation Scc.7-l3l Dog - License tag Sec.7-132 Dog - Proofoflicensc and vaccinalion Sec.7-133 Interfercncc with Animal Control Officer Sec.7-134 Enforcement Sec.7-l15 Pcnaltyassessment lVildlife Protection Sec.7-l5l Dcfinitions Sec.7-152 Wildli[e Resistant RcfusE Containers or Enclosures Required Scc.7-153 Mainlcnancc and Opcration ofWildlife Resistant Refuse Containers And Dumpster Enclosures Sec.7-154 ResidentialRefuscDisposal Sec.7-155 Special Event Refuse Disposal Sec.7-156 Construction Site Retuse Disposal Sec.7-157 Feeding of Wildlifc Sec.7-158 In(erferenc€ with Animal Control Otficer Sec.7-159 Enforcemenl Sec.7-160 Compliancc Requircd and Time Period Scc.7-l6l Penaltyassessmenl Artich Vl 12-04-17 TC Packet Page 147 of223 147 ARTICLE I Administration of Nuisances Sec.7-1. Prohibition against nuisancesl right ofentry to investigate. ( l) Substantially annoy, injure or endanger the comfon, health, repose or safety of the public; (2) In any way render the public insecure in life or in the use of propeny; (3) Unlawfully and suhstantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley or other public way. (b) In all cases where no provision is made defining what are nuisances and how the same may be removed, abated or prevented, in addition to what may be declared such herein, those offenses which are known to the common law of the land and state statutes as nuisances may, in case the same exist within the Town, be ireated as such and proceeded against as in this Section provided, or in accordance with any other prol'ision of law. (c) Any person in the Town who is responsible for any nuisance as provided in this Anicle and u'ho shall fail to abate the same after the giving of adequate notice shall be in violation of this Article and subject to the penalties herein provided. (d) Where a nuisance exists upon private propeny, and is the outgrowth of the usual, natural or necessary use of the propeny, the owner thereof or his or her agent is hereby declared the author thereof; but where any such nuisance shall arise from the unusual use to which any such propeny may be put, or fronr any business thereon conducted, the occupant shall also be deemed the author thereofl and any person rvho shall by himself, herself or any agent cause or create the same shall be deemed the author of such nuisance. (e) Complaints of nuisances may be made to the Town Manager, Chief of Police or any other official. Whenever possible, any complaint shall state the nature of such nuisance, the location including street address, name of the owner, agent or occupant of the building or lot if known, and the name and address of the complainant. (l) Whenever necessary to make an inspection to enforce any of the prolisions of this Article, or whenever an authorized representative of the Town shall have reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a nuisance hereunder, the Town Manager or police officer may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed on any of them, provided that the following procedures have been complied with: (a) A public nuisatce is a substance, act, occupation, condition or use of propeny which is of such nature and shall continue for such length of time as to: ( l) If the building or premises is occupied, the Town Manager or police officer shall first present proper credentials and demand entry. If entry is granted by the occupanl, the inspection may proceed in a reasonable manner. If entry is refused, the inspection shall not proceed without the consent of the ou'ner and./or occupant of the building or premises unless pursuant to a valid search warrant. 12-04-17 TC Packet Page 148 ot223 148 (2) If the building is unoccupied, the Town Manager or police officer shall make a reasonable effort to locate the owner and/or occupant or other person having charge or control of the building or premises, and upon locating said owner, occupant or other person, shall present proper credentials and demand entry. Ifentry is granted, the inspection shall proceed in a reasonable manner. Ifentry is refused or if the owner cannot be located, the inspection shall only occur in accordance with a valid search warrant. (g) After the expiration of twenty-four (24) hours from a demand of entry which is refused, the Town Manager may appear before the Municipal Judge of the Municipal Court and upon a showing of probable cause shall obtain a search warant entitling entrance into the building or upon the premises. A deten nation of probable cause will be based upon reasonableness, and ifa valid public interest justified the intrusion contemplated, then there is probable cause to issue a search wanant. The Town Manager shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises in issue in order to obtain a search warrant. ( h) Upon presentation of a search warrant and proper credenlials, or possession of the same in the case ofan unoccupied building or premises, said person may enter into said building or upon said premises using such reasonable force as may be necessary to gain entry. It shallbe unlawful for any owner and,/or occupant of said building or premises to resist reasonable force used by any authorized agent acting pursuant to a search warrant. (i) Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this Chapter, the Town Manager or police officer, upon a presentation of proper credentials or identifica(ion, in the case of an occupied building or premises. or possession of said credentials in the case of an unoccupied building or premises, may enler into any building or upon any premises within the Town. ln an emergency situation such person may use such reasonable force as may be necessary to gain entry into said building or upon said premises. An energencl sitrraliarr shall include, but not be limited to, any situation where there is imminent danger of loss of life, limb and/or propeny. lt shall be unlawful for any owner and/or occupant of the building or premises to resist reasonable force used by the authorized official acting pursuanttothis Subsection. (Prior code Ch. X $ l- l2; Ord.4-1994$l) Sec. 7-2. Abatement of nuisances. (a) Each and every nuisance declared or defined by any ordinance ofthe Town or otherwise is hereby prohibited, and the Town Manager or Chief of Police is hereby authorized, in his or her discretion, to cause the same to be summarily abated in such manner as he or she may direct subject to the limitations herein provided. (b) Upon authorization of the Town Manager or Chief of Police, if any nuisance found to exist shall cause such imminent danger to the life, limb, property or health as to require immediate abatement, any such nuisance may be summarily abated by action of the Town Manager, Chief of Police, police officer or the Building Official. 12-04-17 TC Packet Page 149 ot223 149 (c) In the case of any nuisance not requiring summary abaternent, it shall be the duty of the Town Manager or Chief of Police to cause notice to be served upon the person responsible for any nuisance which may be found, requiring the person to abate the same in a reasonable time and in such reasonable manner as prescribed. In causing notice to be served, the Town Manager or Chief of Police rnay authorize inspectors or any other appropriate Town employee to issue notice of abatement. The reasonable time for abatement shall not exceed founeen ( l4) days unless it appears from the facts and circumstances that compliance could not reasonably bc made within fourteen ( l4) days or that a good faith attempl at compliance is being made. The notice shall be in writing, signed by the Town Manager and shall be personally served upon the person responsible for the nuisance, if the person occupies the premises upon which the nuisance exists. If the premises is not occupied by the responsible person, then the notice shall be posted prominently at somc place on the premises upon which the nuisance exists. If service is by posting, a copy of the notice shall also be mailed by certified mail, return receipt requested, to the owner of the property as shown upon the tax rolls of the County. The notice shall, in addition to other requirements herein, state that if the nuisance is not abated within the time stated in the notice, the cost of such abatement may be assessed as a lien against the property pttrsuant lo the terms ofthis Anicle, togetherwith an additional five-percent assessment for inspection and incidental costs and an additional ten-percent assessment for costs of collection, and collected in the same manner as real estate taxes against the property. (d) lf, after notification, a nuisance is not voluntarily abated, the person responsible for the nuisance shall be guilty of a violation of this Code, and the Town Manager or Chief of Police may proceed at once, upon the expiration ofthe time specified in such notice, to commence appropriate legal aciion to cause such nuisance to be aba(ed. Provided, however, if the owner or person responsible for the nuisance is unknown or cannot be found, the Town Manager may proceed to abate the nuisance af(er notice has been posted for the period equal to the time specified to abate the nuisance. In either case, the expense of the abatement of the nuisance shall be collected from the person who caused, created, continued or suffered the nuisance to exist. Upon a judicial determination that a nuisance exists, the Chief of Police may be authorized to abate the nuisance or cause the same to be abated, employing such forces and persons as may be necessary to abate the same. (Priorcode Ch. X $$l-13, l-14; Ord. 4-1994 $l Scc. 7-3. Remcdies cumulatile. (a) No remedy provided herein shall be exclusive, but the same shall be cumulatil'e, and the taking of any nction hereunder, including charge or conviction of violation of this Article in the Municipal Court shall not preclude or prevent the taking of other action hereunder to abate or enjoin any nuisance found to exist. (b) Whenever a nuisance exists, no remedy provided for herein shall be exclusive of any other charge or action, and when applicable the abatement proYisions of this Anicle shall serve as and constitute a concurrent remedy over and above any charge of conviction of any municipal offense or any other provision of law. Any application of this Article that is in the natrre of a civil action shall not prevent the commeBcement or application of any other charges brought under the municipal ordinances or any other provision of law. (Prior code Ch. X $l-15) Secs.7-4-7-20. Reseryed. Page 150 of22312-04-17 TC Packet 150 ARTICLE II Nuisances Sec. 7-21- Nuisances declared- Without limiting the activities or circumstances which may constitute a nuisance, the following are hercby specifically declared to be public nuisances within the Town and subject to the provisions of this Code: ( l) A contaminated or impure well or cistem shall be deemed a nuisance when the water therein is used for human consumption. (2) The buming, dumping, throwing or placing any rubbish, cans, trash, garbage, debris, grass clippings or other waste materials on any public place in the Town. (3) To pile, store or allow to accumulate any rubbish, trash, garbage, weeds or animal feces on any lot or real estate within the Town which could harbor and conceal harmful vermin, rodents or insects, or which are unsafe, unhealthy or unsightly to persons or public. (4) To expose, convey or place or cause to be exposed, conveyed or placed in any street or public place any substance, animal or thing to lhe prejudice of the public health. (5) To maintain any property or building or any other structure in the Town in a condition which is in violation of this Code. (6) To keep, store or provide for the collection ofjunk within the Town, and the keeping. storage or collection ofjunk within the Town is hereby declared to be a nuisance and is detrimental to the health, safety, conyenience and general welfare of the citizens thereof. Jrrnlt is hereby defined to be any old, used or secondhand materials of any kind, including, without limitation, cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, tires, brass, copper or other metal, furniture, refrigerators, freezers, all other appliances, the parts of used motor vehicles, machines, apparatuses, contrivances and parts thereof, which are no longer in use, any used building material, boards or other lumber, cement blocks, bricks or brick bats, or other secondhand building materials, or any discarded machinery, tractors, trucks or automobiles, or any other article or thing commonly known and classified as junk. (Prior code Ch. X $l-16; Ord.4-1994 $l) Secs.7-22--7-30. Reserved. ARTICLE IN Solid Waste Scc. 7-31. Application. The provisions of this Anicle shall apply to the accumulation, collection, conveyance and disposition of all solid waste in the Town. (Ord. 4-1993 $ l) 12-04-17 TC Packet Page 151 of223 151 Sec.7--12. Definitions. For the purposes of this Anicle, the following terms shall have the meaning hereinafter provided ( I ) Aslres is the residue from the buming of wood or other combustible material. (2) Rt,/ir.sa is all putrescible and nonputrescible solid waste, except trash. (3) Irasfi is yard clippings, unbagged ashes, construction trash, human body wastes, dead animals, abandoned motor vehicles, solid markel and industrial wastes, all materials or substances which are hazardous, infectious or loxic, contain radioactive particles or are regulated by any federal or state law concerning hazardous, toxic or other similar substances or materials, grit and sludge from wastewater trealment and grease. (Ord.4-1993$l) (3) C'ot$tructio lftrsl is nonputrescible refuse generated by construction activities, which is not edible by bears or other wildlife. (4) Wiltllife Resistant Refuse Container means a fully enclosed metal container with a metal lid. The lid must have a latching mechanism which prevents access to the contents by wildlife. Wildlife Resistant Refuse Containers must be approved by the Chief of Police and the Director of Public Works. Sec. 7-33. Who may collect refuse' All refuse accumulated in the Town shall be collected, conveyed and disposed of only by the Town or a licensed business. (Ord.4-1993 $l) Sec. 7-34. Dumpster enclosures. All rlumpster enclosures that conlain refuse containers which are not wildlife resistant, must be Wildlife Resistant Dumpster Enclosures. The general appearance of dumpster enclosures shall be compatible with dumpster enclosures presently existing within the Town. The precise location and design of dumpster enclosures shall be approved by the Planning Director prior to the issuance of a building permit for the structure. The Planning f)irector may approve a variance from the design requirements upon good cause shown to the satisfaction of the Planning Director, Director of l\rblic Works and the Chief of Police. Sec. 7-35, Appeals from the decisions of Public lVorks Direclor. Any person aggrieved by the application of a regulation, a fee charged, or the decision made by the Public Works Director may appeal to the Town Manager, who shall have the authority to confirm, modify or revoke any such fee, decision or application of a regulation. (Ord.4-1993$l) Page 152of223 (5) Wildlde Resistant Dumpster Enclosure means a slructure constructed in accordance n'ith the structural requirements set forth in Chapter 18, Article III of this code, irrespective of the actual enclosed square footage of the struclure. This structure shall be fully enclosed consisting of four sides and a roof, with one side accommodating a door. The sides of the structure must extend 1o the ground and the door cannot have more than a two-inch gap along thc bottom. Thc door must have a latching device of sufficient design and strength to prevent access by wildlife. Ventilation openings shall be kept to a minimum and must be covered with a heavy gauge steel mesh or other material of sufficient strength to prevent access. Wildlife Resistanl Dumpster Enclosures must be approved by the Chief of Police and the Director of Public Works. 12-04-17 TC Packet 152 Sec.7-36. Residentialcollectionpracliccs. (l) Limitation on residential quantity. TheTown shall collect a reasonable accurnulation of refuse of each residential user during the collection period for the standard charge. (2) Curbside collection. Theareasof the Town which will utilize curbside collection of refuse will be designated by the Public Works Director. The following shall apply to the collection ofall curbside residential refuse: a. Collection location. Refuse shall be placed for collection at ground level of the right-of-u'ay designated by the Public Works Director and shall be readily accessible from the street from rvhich collection is made. Town employees may not enter private property to collect residential refuse. c. Collection day. The Public Works Director shall designate a collection day for specific locations. Containers shall not be placed in the public right-of-way except on designated pick up days. After pickup, the containers must be re-secured inside the home, garage or enclosure by 6 p.m. d. Construction trash. Construction trash may be placed in approved refuse containers, provided that all construction trash shall be contained in the approved container. (3) Drop-off collection. The areas of the Town which will utilize drop-off collection ofrefuse will be designated by the Public Works Director. The following shall apply to the collection of residential refuse at drop-off locations: a. Collection location. The Public Works Director shall designate drop-off locations which shall be utilized for the collection of residential refuse from designated subdivisions. The designated collection localion shall be utilized only by drop-off customers and shall not be utilized by curbside or commercial cuslomers. b. Construction trash. The deposit of construction trash at drop-off collection locations is authorized, provided that the construction trash is placed in a dumpster and does not exceed one-half (72) cubic yard per week per customer. c. Refuse container. The Public Works Director shall provide a Wildlife Resistant Refuse Container or shall construct and maintain a Wildlife Resistant Dumpster Enclosure in accordance with the provisions ofSection 7-38(6) below. (Ord.4-1993 gl; Ord. l-1994 gg3,4) Sec.7-37. Commercialcollectionpractices. The following shall apply to the collection of all commercial refuse: 12-04-17 TC Packet Page 153 of223 The collection, conyeyance and disposal of all residential refuse shall only be by the Tou,n. and all residences designated by the Public Works Director shall subscribe to service from the Town. Thc follou'ing shall apply to the collection of all residential refuse: b. Refusc containers. All refuse containers, except Wildlife Resistant Refuse Containers-shall be obtained from the Town. Any refuse which is in noncomplying containers will not be removed by the Town. All refuse containers shall be stored, when not placed for collection on the collection day, in the house or garage of the residential customer or in a Wildlife Resistant Enclosure. 153 (l) Linlitation on commercial quantity. TheTown shall collect the amount ofrefuse agreed upon according to the weight, volume and frequency of collection. Additional amounts may be collected. requiring additional charges, which additional charges shall be established by the Public Works Director. (2) Obstruction removal. Access lo the designated pick-up locatron shall be maintained free of obstructions by the customer on the designated pick-up days. The customer shall be responsible for the remolal ofall snow and ice in the vicinity of the collection location. In the event that reasonable access to the collection location cannot be attained by Town employees, service to the collection location uill be discontinued until all obstructions have been removed. (3) Collection day. The Public Works Director shall designate a collection day for specific commercial locations. (4) Construction trash. The deposil of construction trash into a dumpster is authorized, provided that all of the construction trash fits within the dumpster. (5) Wildlife Protection. All customers shall keep the collection location premises free from the accumulation of refuse edible by bears and other wildlife. Customers shall ensure that all refuse edihle by wildlife is properly drsposed of in a Wildlife Resistant Refuse Container or a_refuse container stored within a Wildlife Resistant Dunrpster Bnclosure. All Wildlife Resistant Refuse Containers or Wildlife Resilitant Dumpster Enclosures shall remain secured when refuse is not being deposited to prevent access by bears and other wildlife. (Ord.4-1993 $l;Ord. l-1994 $5) Sec. 7-38. General collection practices, The following shall apply to the collection of all refuse: ( I ) Yard clippings. No person shall place for collection any yard clippings or waste during the period commencing April l5 and ending October 3l ofeach year. AII yard clippings during this period shall be placed for collection at the location designated by the Public Works Director. (2) Ashes. No person shall place for collection any ashes which have not been placed in an enclosed bag and which are not cold. (3) Construction trash. Except as provided otherwise in this Article, construction trash shall not be placed for collection at any location, residential or commercial, within the Town. The creator of construction trash shall make private arrangenrents for its removal to an appropriate disposal site outside of the Town limits. (4) Requirements for vehicles. Persons who desire to dispose of refuse or trash, orwho desire to haul or cause to be hauled refuse or trash in the Town or over the streets or rights-of-way in the Town shall: a. Use or cause to be used a watertight hauling area; b. Use or cause to be used a tight cover; and c. Prevenl offensive odors escaping therefrom and prevent refuse or trash from being blown, dropped or spilled. Disposal of refuse shall be made outside the Town limits at an appropriate disposal site. 12-04-17 TC Packet Page 154 of223 154 (5) Additional charges. Extra accumulation or nonrefuse items may be collected upon request. The Town shall have the authority to refuse to collect unreasonable amounts or it may require additional charges for such amounts. (6) Refuse containers. All refuse containers intended to receive refuse which is edible by bears and other wildlife shall be either Public Works Director approved Wildlife Resistant Refuse Containers uhich prevent wildlife from having access to the contents, or refuse containers which are stored within a Wildlife Resistant Dumpster Enclosure, building, house or garage. (7) Durnpster Visibility. A dumpster must not be visible from off the premises, lot or parcel upon which it is located. If the dumpster is visible from off the premises, lot or parcel, then the container must be stored within a Dumpster Enclosure. (Ord. 4- 1993 $ l; Ord. l-1994$2) Sec. 7-39. Prohibited practices. The following are hereby declared to be practices which are public nuisances: ( l) Public places. No person shall place, throw or deposit any refuse in any street, alley, stream, pond, watercourse or other public place, or upon any private property, whether owned by such person or not, within the Town, except in proper containers for collection or under express approval $anted by the Public Works Director. (2) occur. Unauthoriz-ed accumulations. No unauthorized accumulation of refuse on any premises shall (3) Scattering of refuse. No person shall cast, place, sweep or deposit anywhere within the Town any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or onto any premises, occupied or not, within the Town. (4) Unauthorized disposal. No person shall place or deposit his or her refuse in the container of another or in a manner so that it will be collected as though it had been generated by another. No nonresident of the Town, person who is not a real property owner in the Town, or business in the Town shall place or deposit his or her refuse in any container in the Town. (5) ContagiouVdiseased refuse. No person shall deposit, or allow to be collected by the Public Works Department, any garbage, refuse, rubbish or substance or thing which is contagious or infectious, or contains any disease-producing itenr or thing regulated by the State Depanment of Health, including but not limited to those organisms er conditions controlled in Title 25, C.R.S. (6) Inflammable or explosive refuse. No person shall place for collection any highly inflammable or explosive material. Such material shall be lawfully disposed of by the owner or producer at the expense of the owner or producer lhereof. (7) Hazardous malerials. No person shall place for collection any hazardous, toxic or poisonous substance or material, including but not limited to household hazardous wastes such as used motor oil. used anti-freeze, oil-base paint, turpentine, thinners or solvents. (Ord.4-l993gl) Scc. 7-40. Rules and regulations. The Public Works Director shall have the au(hority to adopt regulations conceming the days of collection, type and location of waste containers and such other matters pertaining to the collection, 12-04-17 TC Packet Page 155 of223 155 Scc.7-41. Fees. (a) The Public Works Director shall determine the fee for all levels of service for residential and commercial collections, after consultation with the Town Council. (b) Delinquent accounts. An account is delinquent if not paid in full within ten ( l0) days after the due date on the bill. lfthe bill is not paid in full rvithin that time, service may be discontinued. The Town may proceed for collection of unpaid charges in the manner provided by law for the colleclion of a municipal claim. Any unpaid charges pursuant to this Article shall be a personal debt of the owner of the lands benefited or served and in addition shall constitute a lien upon each lot, land. building and premises served or benefited. In the event said charges are not paid when due, the Town Council may ce ify the delinquent fee to the County Treasurer to be paid by the owner and placed upon the tax list for the current year, to be collected in the manner other taxes are collected, plus a ten percent ( l0%) administrative charge to defray the cost of collection, in compliance with the laws of the State for the assessment and collection of general taxes, including the laws for the sale of property for taxes and redemption of the same which shall apply. (Ord.4-1993 $l; Ord. l-1995 $2) Secs.7-42--7-60. Reserved. For the purposes of this Article, rectclable is glass, paper, aluminum and comrgated cardboard, and such other items determined to be recyclables by the Public Works Director. (Ord. 4- 1993 $ I ; Ord. l - 1995 $3) All recyclables accumulated in the Town shall be collected, conveyed and disposed of only by the Town or a licensed business. (Ord. 4- I 993 $ I ) Set.7-6-{. Residentialcollectionpractices. The following shall apply to the collection of all residential recyclables: (l) Curbside collection. The areas of the Town which u'ill utilize curbside collection of recyclables will be designated by the Public Works Director. The following shall apply to the collection of all curbside residential recyclables: 12-04-17 TC Packet Page 156of223 conveyance and disposal as the Public Works Director shall find necessary, and to change and modify the sanre afler notice as required by law, provided that such regulations are not contrary to the provisions hereof. Any violation of any rule or regulation adopted by the Public Works Direc(or shall be considered to be a violation ofthe provisions ofthis Code. (Ord.4-1993 $l) ARTICLE IV Recycling Sec.7-61. Applicability. The provisions of this Article shall apply to the collection of recyclables in the Town. (Ord. 4- 1993 g l) Sec.7-62. Definitions. Sec.7-63. Who ma1' collect rcclclablcs. 156 a. Collection location. Recyclables shall be placed for collection at ground level of the right-of- way designated by the Public Works Director and shall be readily accessible from rhe srreer from which collection is made. Town employees may not enter private propeny to collect residential recyclables. c. Collection day. The Public Works Director shall designate a collection day for specific locations. Containers for recyclables shall not be placed in the public right-of-way except on designated collection days. (2) Drop-off collection. The areas of the Town which will utilize drop-off collection will be designated by the Public Works Director. The following shall apply to the collection of residential recyclables at drop off locations: a. Deposit of recyclables. All recyclables shall be placed for collection in the appropriate container located at the drop-off collection location. b. Sorting of recyclables. All recyclables shall be soned and shall be placed only in the appropriate container for each type ofrecyclable. (Ord.4-1993 $l; Ord. l-1995 $3) Sec. 7-65, Commercial collection practices. The following shall apply to the collection of all commercial recyclables (l) Obstruction removal. Access to the designated pick up location shall be maintained free of obstructions by the customer on the designated pick-up days. The customer shall be responsible for the rernoval ofall snow and ice in the vicinity ofthe collection location. In the event that reasonable access to the collection location cannot be attained by Town employees, service to the collection location will be discontinued until all obstruclions have been removed. (2) Collection day. The Public Works Director shall designate a collection day for specific commercial locations. 12-04-17 TC Packet Page 157 of223 b. Containers for recyclables. Containers for recyclables shall be obtained from the Town. All recyclables shall be sorted and shall be placed only in the appropriate container for each type of recyclable. Any recyclables which are in nonconforming containers or items which are not recyclables will not be collected by the Town. (3) Containers for recyclables. Containers for recyclables shall meet the requirements and specifications established by the Public Works Director. All recyclables shall be sorted and shall be placed only in the appropriate container for each type of recyclable. Any recyclables which are in nonconforming containers will not be collected by the Town. (Ord. 4- 1993 g I ; Ord. l- 1995 g3) Sec. 7-66. Rules and regulations. The Public Works Director shall have the authority to adopt regulations conceming the collection of recyclables as the Public Works Director shall find necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. Any violation ofany rule or regulation adopted by the Public Works Director shall be considered to be a violarion of the provisions of this Code, (Ord. 4- 1993 $ I ) Secs,7-67-7-E0. Reserved. 157 ARTICLE V Animals Scc. 7-lll. Dcfinitions. The definitions and terms used in this Chapter, unless the context otherwise indicates, are herewith defined as follows: (l) Aninol Control OJJi<'<,r means a pcrson employed by the Town and under the direct supervision ol the Chief of Police who enforces the provisions of this Article. (2\ Ca, means any domesticated animal ofthe feline species. (3) Certificate of t'ac'cination means the certificate issued by a veterinarian licensed to practice !eterinary medicine, who shall retain a duplicate copy for not less than twenty-four (24) months after issuance, rvhich shall contain the following information: b. The name, curr€nt address and telephone number of the owner and of the premises at which the inoculated animal will be harbored: d. The rabies inoculation date: f. Statement by the veterinarian whether or not the animal is neutered, spayed or sterilized at the time of issue of the certificate. (4) Dog means any domesticated animal ofthe canine species. (5) Kennel or carrerJ means any premises wherein any owner engages in the business of boarding, breeding more than two (2) litters per calendar year, buying, Ietting for hire, training for a fee or selling dogs or cals. (7) Vit'ious animalmeans any animal that: a. Has inflicted bodily or serious bodily injury upon or has caused the death of a person or domestic animal: b. Has demonstrated tendencies that would cause a reasonable person to believe that the animal may inflict injury upon or cause the death of any person or domestic animal; or Page 158of223 a. The name, address, license number and state of practice of the registered veterinarian; c. The type of vaccine used, the name of the manufacturer, the number identifying the vaccine used and the expiration date; e. The breed, age, color, sex and name ofthe inoculated animal; and (6) O*ner or owns means any person owning, possessing, harboring, keeping, having financial or propeny interest in, or having control or custody of an animal, for a period of not less than five (5) days, consecutively or cumulatively. 12-04-17 TC Packet 158 c. Has engaged in or been trained for animal fighting as described and prohibired in Section l8- 9-204, C.R.S. (ord. 3- 1992 $2) (8) Harassing animdl means any animal that a. Chases, snaps at. bites or attacks an animal or person; b. Has demonstrated tendencies that would cause a reasonable person to believe that the animal may inflict injury upon any person or animal, \.!'hether or not the offending animal inflicts inlury. Sec. 7-82. Animal litlcr prohibitcd. Sec. 7-8-1. Animal premises. No owner shall keep or maintain any place where animals are kept, harbored or maintained, except in a clean condition, free from noxious odors. (Ord. 3-1992 $2) Sec.7-8{. Animals prohibited on public propcrt}'. (a) It shall be unlawful for any person to permit any animal to enter upon or remain in the immediate vicinity of any swimming pool open to the public. (b) The Chief of Police may from time to time designate certain areas where animals will not be permined, to maintain the public health, safety and welfare. Appropriate signs must be conspicuously posted in order for such designation to be valid. (Ord. 3-1992 $2) (b) An owner or person commits cruelty to animals if he or she knowingly or with criminal negligence overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, needlessly mutilates, needlessly kills, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or cusiody of any animal, fails to provide it with proper food, drink or protection from the weather. or abandons it. (c) No owner or person shall confine any animal within a parked vehicle without adequate ventilation or water. The Animal Control Officer may remove the animal from the vehicle if the Animal Control Officer reasonably determines that probable cause exists that the animal is subject to a hazard to its health. (ord.3-1992 $2) Sec.7-E6. Legholdtraps. It shall be unlawful to use, set or place any leghold, steel jaw or similar animal trap. (Ord. 3- 1992 $2) 12-04-17 TC Packet Page 159 of223 An1' owner of any animal shall prornptly, and in a public place immediately, pick up, remove and dispose of in a sanitary fashion any and all anirnal liner attributable to such animal. (Ord. 3-1992 g2) Sec.7-85. Cruelty ao animals prohibited. (a) No owner or person shall poison any animal, or distribute poison in any manner whatsoever with the intent and purpose of poisoning any animals. 159 Sec.7-87. Prohibitedanimals. No owner shall keep, harbor or maintain any animal other than a dog, cat or horse, or an aninral authorized by Chapter l6 or Chapter l6a of this Code, without the expressed approval of the Town Council. Exempt from this Section are the keeping of small, caged birds or aquatic and amphibian animals, and small animals kept solely as pets inside the premise of the owner. (Ord. 3- 1992 $2) Sec.7-88. Unattendedanimals, Noou'ncrshall tetherflnanimal in a public placeand then leave the same unattended. (Ord.3-1992S2) Sec.7-89. Ilarassment. No owner of an animal shall permit the animal to harass any other person or animal. An animal shall be deemed harassing whether or not the offending inflicts injury. Sec.7-90. Viciousanimals. Vicious animals are prohibited. Upon issuance of a summons and complaint to the owner of a vicious animal, the vicious animal shall be impounded as a public nuisance pending final disposition of the charge. Upon conviction ofthe owner, and the exhaustion ofany right the owner has to appeal, the coun may order that the owner's vicious animal be destroyed by lethal injection administered by a licensed veterinarian. (Ord.3-1992 $2; Ord.4-1994 $l) Sec. 7-91. Animal bitcs. (a) Reponing. Any person having knowledge of an animal who bites a person or other animal shall imrnediately report the incident to the Police Depa(ment or the Animal Control Officer. (b) Quarantine of animals. Any animal which has bitten a person shall be quarantined and observed for a period of ten ( l0) days from the dale of the bite, aI the expense of the owner. The procedure and place ofquarantine and observation shall be designated by the Animal Control Officer. The owner ofany animal that has been reponed as having inflicted a bite on any person shall, on demand, produce the animal for quarantine. Refusal to produce the animal for quarantine constitutes a violation of this Section and each day of such refusal shall constitute a separate and drstinct violation. (c) Removal of animals from quarantine. No person shall remove from any place of isolation or quarantine any animal which has been isolated or quarantined, without the approval of the Animal Control Officer. (Ord. 3-1992 $2) Sec.7-92. Impoundment. Animals shall be taken up and held in a suitable place provided therefor when found in violation of this Anicle. (Ord. 3-1992 $2) As soon as practical after impoundment, notice of impoundment shall be given to the owner thereof if known, and, if not known, reasonable notice shall be posted at the location designated by the Town for public notices, for a minimum of five (5) days. If such animal is not reclaimed within five (5) days, it shall be deemed abandoned and may be euthanized or disposed of by adoption. No dog or cat shall be released 12-04-17 TC Packet Page 160 of223 Sec. 7-93. Disposition ofimpounded animals. 160 fronr inrpoundment without the owner having produced a cenificale of vaccination and, in the case of a dog, a valid license. (Ord. 3-1992 $2) Sec.7-9J. Impoundmentfees. There shall be charged and collected from each owner or person redeeming an impounded dog or cat the following fees and costs: (l ) Base impound fee for dogs, twenty-five dollars ($25.00). For each day the dog is impounded, the impoundmenl fee shall be ten dollars ($ 10.00) per duy or any fraction thereof, in addition to the base fee. (2\ Base impound fee for cats, ten dollars ($10.00). For each day the cat is impounded, the irnpoundrnent fee shall be five dollars ($5.00) per day or any fraction thereoi in addition to the base fee. (3) An owner will also be responsible for any additional charges incurred whrle the animal is impounded, including veterinarian services. (Ord. 3-1992 $2) Scr.7-95. Abandonment. It shall be unlawful for any person to abandon any animal or cause or permit such abandonment within the Town. (Ord. 3-1992 $2) Sec.7-96. Relinquishmentofownership. A Town resident may legally relinquish ownership of a dog, cat or domestic small animal by releasing the animal to the Animal Control Officer. The owner mus( provide proof of ownership, such as a veterinarian record or registration, in order to release the animal. The Animal Control Officer may elect to adopt out the animal or have the animal humanely euthanized immediately upon receipt ofthe animal. The owner shall pay a fee of fifty dollars ($50.00), and any additional costs related to the relinquishment. (Ord. 3- r 992 $2) Sec.7-97. Adoptions. The Animal Control Officer may elec( lo presen( for adoption, for a fee determined by the Animal Control Officer, an animal that has been released to Animal Control by an owner, or an animal that has been impounded in the sheller for a minimum of five (5) days and whose owner cannot be located. All animals adopted out shall be spayed or neutered. The Animal Control Officer retains the right to screen all potential adopters and shall have the right to refuse adoption to anyone. (Ord. 3-1992 $2) Sec.7-98. Animals disturbing the peace and quiet. No os'ner shall keep, harbor or maintain any animal u'hich disturbs the quiet or safety of any person or neighborhood. No owner shall permit any animal, by loud and persislent or habitual barking, howling, meowing, squawking or emission of noise, to disturb or annoy any person or neighborhood; and the same is hereby declared to be a public nuisance. (Ord. 3-1992 $2; Ord. 4-1994 $ l) Sec, 7-99, Vaccination required for cats. Every owner of a cat six (6) months of age and older must obtain a certificate of vaccination. (Ord. 3- rs92 $2) Page 161 of22312-04-17 TC Packet 161 Sec. 7- I fi), Proof of vaccination for cats. The owner of a cat shall produce a copy of a valid cenificate of vaccination upon demand to the police or the Animal Control Officer. I.railure to produce the certificate of yaccination shall be presumed that the cat is unvaccinated. (Ord. 3-1992 $2) Sec.7-101. Cats - Mandatory confinement. Any female cat in heat shall be securely confined in the owner's home or in a secure enclosure in such a manner that contact with other animals is prevented. (Ord. 3-1992 $2) Sec. 7-102. Catteries prohibited. Caueries are prohibited except in areas authorized by Chapter l6 ofthis Code. (Ord. 3-1992 g2) Sec. 7-103. Frightening horses. No person shall willfully do any act which is calculated or intended to frighten any horse which is being driven or ridden. (Ord.3-1992 $2) Sec. 7-104. Horses and livestock timited. Horses and other livestock shall be kept, harbored or maintained only in areas authorized by Chapter l6 or Chapter l6a ofthis Code. (Ord. 3-1992 {i2) Secs. 7-105--7-120. Reserved. Sec. 7-12I. Dog Collar or harness. Every owner of a dog shall place upon the dog such a collar or harness made of durable material to which any required tags, such as rabies tags, and licensing tags for dogs, shall be attached. All dogs shall wear such a collar or harness at all times. Any dog found without the required tag is subject to immediate impoundment. (Ord. 3-1992 $2) Scc. 7-122. Dog Kennels prohibited. Kennels are prohibited except in areas authorized by Chapter l6 or Chapter l6a of this Code. (Ord- 3- 1992 $2) Any female dog in heat shall be securely confined in lhe owner's home or in a secure enclosure in such a manner that contact with other animals is prevented. (Ord. 3-1992 $2) Sec,7-12.1. Dogs - Running at large prohibited. lt shall be unlawful for any owner, possessor or person who keeps a dog to permit the same to run at large u'ithin the Town. Adogshall be deemed to be running at large when it is off or away fronr the premise of the ou ner, possessor or keeper thereof or on any property accessible by the public and is not under the direct control of such owner, possessor or keeper by a leash no longer than ten ( l0) feet in length, or within a vehicle or other confinement. (Ord. 3- 1992 $2) 12-04-17 TC Packet Sec. 7-123. Dogs - Mandatory confinement. Page 162of223 162 It shall be unlawful for any owner to keep, harbor or maintain any dog six (6) months old or greater within the Town without obtaining a license therefor. (Ord. 3-1992 $2) Sec,7-126. Dog - Exemptions from license. Licenses shall not be required: If the owner resides less than fifteen (15) consecutive days in the Town and does not orvn real property in the Town, provided that a valid certificate of vaccination properly issued by the authorilies in the regular place of residence of the owner, and a valid proof of licensing, exist for the dog. (Ord. 3- 1992 $2) Sec.7-127. Dog Vaccination required. No dog shall be licensed without a valid certificate of vaccination. Every owner of a dog six (6) months ofage and older shall have the dog vaccinated and obtain a certificale of vaccination. (Ord. 3-1992 $2) Sec.7-128, Dog License ternt. The license shall be obtained by the owner once each year. (Ord. 3-1992 $2) Sec.7-129. Dog License fees. Every person desiring to keep a dog within the Town shall make a license application therefor and pay the following fee: Malc dog Female dog Ncltcred dog ReplJcement license $ 10.00 t0.00 .1.00 t.00 The above fees shall be waived for Seeing Eye dogs and/or Hearing dogs which are necessary and trained to assist the disabled, if certification or proof acceptable to the Animal Control Officer, is provided. (Ord. 3-1992 $2) Sec,7-130. Dog - Change oflocation. A change of location where the animal is harbored shall be registered with the Animal Control Officer tvithin ten ( l0) days after such change. (Ord. 3-1992 $2) Sec.7-131. Dog - License tag, (a) The Aninal Control Officer shall keep a record of the date of issuance and tag number of each license tag, the name, address and phone number of the owner, a name and description of the animal licensed, and the date of its ceflificate of vaccination. (b) No person shall transfer any license tag to any dog for which the tag has not been issued or remove the tag from any dog to which it is issued, except for emergencies, cleaning, health and safety reasons, or renewal. (Ord. 3-1992 $2) 12-04-17 TC Packet Page 163 of223 Scc.7-125. Dog - License rcquired. 163 Sec.7-l-12. Dog - Proof of license and vaccination. The owner of a dog shall produce a copy of the valid license and valid certificate of vaccination upon demand to the police or the Animal Control Officer. Failure to produce the license or certificate of vaccination shall be presumed that the dog is unlicensed and unvaccinated. (Ord. 3-1992 g2) Sec.7-l-3.1. Interference rvith Animal Control OIIicer. No person shall interfere with, molest, hinder or impede the Animal Control Officer in the discharge of his or her duties as herein prescribed, or to violate any ofthe provisions ofthis Arlicle. (Ord. 3-1992 $2) Sec.7-134. Enforcement. (a) The police or the Animal Control Officer shall have the power to issue summonses and complaints for violations of this Article, as well as to issue waming notices to persons in violation of the provisions of this Arricle. (b) The police or Animal Control Officer shall have the right to enter any premises in the Town at reasonable hours to enforce lhe provisions of this Anicle. (Ord.3-1992$2) Sec. 7-135. Penalty assessment. The following penalty assessments are declared to be mandatory and minimum Animal Liuer Prohibited (Sec. 7-82) First offense within I year Second oft'ense within I year Harassment (Sec. 7-89) First ofttnsc within I year Second offcnse wilhin I year Animals DisturbinS the Peace and Quict First offense eithin I year Second oftense within I year Third offense $ithin I year (Sec.7-98) vaccination Required for Cat (Sec. 7-99) frogs Running at Large Prohibited (Sec. 7-124) First offense within I year Altered Unaltered Second offcnse within I year Alrered Unahered Animals Prohihiled on Public Propefly (Sec. 7-84) Firsl Olhnsc Scc()trd Oflcnse Third Offensc $50-fi) S{fits}o+i $ 100.(n S{irlrr€€. Sumnrrns $25.m Summofls $50.00 Summons $25.m $50.00 Summons $ l5.00 \.i1,, $:04{]\' " $1e40 12-04-17 TC Packet 5.l{},1)(r 5609r Page 164 of223 $25.fi) Summons Unattended Animals (Sec. 7-88) Firsl offense uithin I year Second offcnse within I lear 164 Third ofl'ense within I year Altered Unaltered \ 5{,11{x). $9{I$ Dog License Requircd (Scc.7-125) Dog Vaccination Required (Sec. 7-127) (Ord.3-1992 $2) $r5.00 $15.00 AR'I'ICI,E \'I \\'ildlifc I'rctection Sec. 7-151. f)efinitions. The definitions and terms used in this Chapter, unless the context otherwise indicates, are herewith defined as follows: (3) Wikllife Resistant Dunpster Erclosure means a fully enclosed structure consisting of four sides and a roof, with one side accommodating a door. The sides of the structure must extend to the ground and the door can not have more than a two-inch gap along the bottom. The door must have a latching device of sufficient design and strength to prevent access by wildlife. Ventilation openings shall be kept to a minimum and must be covered with a heavy gauge steel mesh or other material of sufficient strength to preyent access. Wildlife Resistant Dumpster Enclosures musl be approved by the Chief of Police and the Director of Public Works. (4) Special Even means a large, outdoor gathering such as a concert, conference, festival or rodeo Sec.7-152. \Yildlife Resistant Refuse Containers or Enclosures Required. Between the dates of April l5 and November 15, all refuse containers regardless of size, that recei!e refuse edible by bears or other wildlife shall be either an approved Wildlife Resistant Refuse Container, or a refuse container which is stored within a building, house, garage, or approved Wildlife Resistant Dumpster Enclosure. Sec. 7- 15-1. l\laintenance and Operation of lYildlife Resistant Refuse Containers and Dumpster Enclosures. Wildlife Resistant Refuse Containers and D[mpster Enclosures must be kept closed and secure u hen refure is not being deposited. il 12-04-17 TC Packet (l) Wildlife means any medium to large size nondomestic mammal indigenous to the Town of Snowmass Village including but not limited to, black bear, mule deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine and fox. (2\ Wilcllife Resistant Rerttse Contain.r means a fully enclosed metal container with a metal lid. The lid must have a latching mechanism, which prevents access to lhe contents by wildlife. Wildlife Resistant Refuse Containers must be approved by the Chief of Police and the Director of Pubhc Works. Page 165 of223 165 Sec. 7-154. Residential Refuse Disposal. All containers that receive refuse edible by bears or other u'ildlife must be secured inside the home or garage. Residents unable to keep the ir refuse container inside the home or garage shall store their refuse in a Wildlife Resistant Refuse Container or Enclosure approved by the Police Depanment. b. Residents with curbside pickup shall place their refuse containers at the curb only on the day of pickup. After pickup, the containers must be re-secured inside the home, garage or Wildlife Resistant Dumpster Enclosure by 6 p.m. Sec.7-155. Spccial Event Refuse Disposal. Outdoor Special Event sites shall be kept free from the accumulation ofrefuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited in Wildlife Resistant Containers or Enclosures, or be removed to an appropriate disposal site. All construction sites must have a designated container that receives refuse edible by bears and other wildlife. This container shall be either a Wildlife Resistant Refuse Container, or a container thitt is emptied at the end of each workday and then securely stored inside a trailer or building. Sec.7-157. Feeding of Wildlife. n-o person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a manner which would conslitute a lure, attraction or enticement of wildlife. b. Birdfeeders are allowed. However, between the dates of April l5th and November l5th, allfeeders must be suspended on a cable or other device so that they are inaccessible to bears and the area below the feeders must be kept free from the accumulation of seed debris. Sec, 7-158, Interference tith Animal Control Officer. No person shall interfere with, molest, hinder or impede the Animal Control Officer in the dischargc of his or her duties as herein prescribed, or to violate any of the provisions of this Article. (Ord.3-1992 $2) Sec. 7-159. Enforcemenl. Police or Animal Control Officers shall have the power to issue summonses and complaints for violations ofthis Article, as well as to issue waming notices to persons in violation ofthe provisions of this Article. b. Police or Animal Control Officers shall have the right to enter any premises in the Town at reasonable hours to enforce the provisions of this Article. a ii a 12-04-17 TC Packet Page 166 of223 b. If a container or enclosure is damaged, allowing access by bears or other wildlife. repairs must be made within 24 hours after written notification by the Police Deparlment. Sec. 7-156. Construction Site Refuse Disposal' 166 Sec. 7-160. Compliance Required and'I'inre Period. Any dumpster cnclosure or refuse container shall be brought into conformity wilh the wildlife protection provisions of this Article within a period not to exceed sixty days from thc effective date of this Ordinance. Upon application to the Chief of Police, and showing a hardship by any owner of a dumpster enclosure or refuse container required to comply with this Article, the Chief of Police may grant an extension, for a reasonable period of time, within which to comply with the provisions of this Article. Sec. 7-161. Penalty assessment. The following penalty assessmen(s are declared to be mandatory and minimum: Ntainlcnance of Wildlife Resistanl Refuse Containers and Wildlife Resistant Dumpster Enclosures (Sec. 7-15-1) First offense within I year 50.m Second offense within I year 50{) (Xi 3504e Third offense $ithin lyear Summons Wildlilt Resistant Rcluse Containcr First oflbnse within I year Sccond offense wilhin I yefi Third oflcnse $ithin I yeat (Sec.7-152) Rcsidrntial Refusc Disposal (Scc. 7-15.1) First ofllnse $ithin I year Second offense $ithin I year Third offense Eithin I year Spccial Etenl Retuse Disposal (Sec.7-155): First ofltnse within I year Second offense within I year Third oflense \aithin I year Construction Site Reluse Disposal First offense within I year Sccond offense within I year Third offense within I yeat (Sec.7-156); Feeding of Wildlife (Sec.7-157) First offense within I year Sccond offense within I year Third offense within I year Secs. 7-162--7-175. Reserved. st(x)(Il$--50ee 250.00 Summons 50.00 250.m Summons 250.m 750 (r) 50e00 Summons 250.m 500.00 Summons !i5 ()l) $5e{0 250.m Summons 12-04-17 TC Packet Page 167 of223 167 Sec. 8-28. - Prohib,ted areas It is a violation of this Arlicle for any person lo park a motor vehicle in any location within the corporate limits ol lhe Town where parking is specilically prohibited by an official sign or signs, or where parking is not specilically authorized by an olficial sign or signs. (Ord. l7-1991 $l; Ord. ll-1993 $l;Ord.5-2007 $l) Sec. 8-29. - Camping prohibited. No person shall camp in or upon any Town-regulated parking lot or upon any Town-owned property. The Town Council may, from time to time, designate an area or areas where camping may be allowed and may promulgate such reasonable rules and regulations governing camping as it deems appropriate. For the purpose of this regulation, a person shall be deemed to be camPing il such person occupies any Town- regulated parking lol, or other Town-owned property, in a motor vehicle, tent or other sheller with the intent ol utilizing such shelter as an abode or as a place to sleep. Camping on private property within the Town limits is regulated by Chapter '164 of this Code. (Ord. l7-1991 $l; Ord.4-1998 $t; Ord. 5-2007 $l) Sec.8-30. - Exemption. The provisions ol this Article shall not apply to parking in timed parking spaces which complies with the time limit for the specific parking space, or handicap parking spaces utilized by vehicles displaying valid handicap license plates or permits. (Ord. 17-1991 $l; Ord. ll-1993 $l; Ord.5-2007 $l) Sec.8-31. - Penalty. Camping Prohibited (Sec. 8-29) First offense Second offense ss0.00 Page 1 12-04-17 TC Packet Page 168 of223 Summons (a) Any person convicted of falsilying inlormation on permit applications, ol transferring a permit to a vehicle other than the vehicle appearing on the permit application, of copying, altering or Iorging a permit or ol improperly distributing Premium Guest Permits shall be lined not less than three hundred dollars ($300.00) nor greater than one thousand dollars ($1,000.00) per violation, which shall be a strict liability offense, for which the fine shall not be suspended. (b) Any person convicted of violaling any provision ot this Article, other than those listed in Subsection (a) above, shall be fined an amount not less than filty dollars ($50.00), nor greater than one lhousand dollars ($1,000.00) per violation, which fine shall be a strict liability olfense, lor which the line shall not be suspended; provided, however, that the original penalty assessment may be paid wilhin twenty (20) days from the date ol the violation. 168 (Ord. l7- l99l $ l; Ord. I l- 1993 $ l; Ord. 19- 1994 $ l; Ord. 5-2007 $ I ) sec.8 32 - Parking Regulations on Private Property At any place within this municipality where clearly marked signs or markings are posted by the owner, or lessee, of the property, giving notice of any stopping, standing or parking restrictions or prohibitions, no person shall stop, stand or park a vehicle in any manner in violation of the provisions contalned on such sign or signs. Any violation thereof shall be punished as in other cases of unlawful parking; provided, however, the owner or lessee of the property must provide a written request for such enforcement and the Chief of Police must approve the request, with any appropriate condrtions, rn writing. 5ecs. 8-33-8-50. - Reserved PaBe 2 12-04-17 TC Packet Page 169of223 169 CHAPTER 10 General Offenses CHAPTER 10 General Otfenses ARTICtE I - Offenses By or Against Public Officers and Government ARTICLE ll - Offenses Relating to Streets and Public Places ARTICLE lll - Offenses ABainst Public Peace, Order and Safety ARTICLE lV - Offenses RelatinB to Alcoholic Beverages ARTICLE V - Smoking Regulations ARTICLE Vl - Noise ARTICLE Vll - Offenses RelatinB to Ski Areas and Recreational Facilities ARTICtE Vlll - Regulations Regarding Peddlers, Solicitors, Transient Merchants and the Posting of Hand bills ARTICLE I Offenses By or Against Public Oflicers and Government ec. 1O'1. lmoersonatino police or other oflicersS Sec. '10-2. Obstr uctino a oolice olficer or lireman. Sec. l0-3. Besislinq and interferano with an oflicer orohibited Sec. 10-4. False repo rtinq to authorities Sec. 10-5. Dutv to assis I officers Sec. '10-6 bstructino oovernment eroo al ons. Secs. 10-7-10-20. Beserved Sec. 10-1. lmpersonating police or other oflicers. No person shall impersonate a police ollicer or any other oflicer ot the Town by wearing any star, badge or other emblem of office or in any other manner. (Ord. 4- 1994 $ l ) Sec. 10-2. Obstructing a police oflicer or fireman. (a) No person shall willfully fail or reruse to comply with any lawful ordeI, signal or direction of a police olficer made or given in the discharge of the Police oflicer's duties. (b) No person shall, in any way, interfere with or hinder any police olficer who is discharging or apparently discharging the duties of the position. (c) lt as unlawful to obstruct a police ollicer or fireman. Snowmass VillaBe, Colorado, Municipal Code Page 1 12-04-17 TC Packet Page 170 of 223 170 CHAPTER 10 General Offenses (d) A person commits obstructing a police officer or fireman when, by using or threatening to use violence, force or physical interrerence or obstacle, such person knowingly obstrucls, impairs or hinders the enforcement of the law or lhe preservation ol the peace by a police oflicer acting under color of his or her ofticial authority, or knowingly obstructs, impairs or hinders the prevention, control or abatement ol tire by a fireman, acting under color of his or her oflicial authority. (e) lt is no delense to a prosecution under this Section that the police oflicer was acting in an illegal manner, il the police ollicer was acting under color of his or her otficial authority as delined in Section 10-3(c) below. (l) This Section does not apply to obstruction, impairment or hindrance ol the making ol an arrest. Sec. 10-3. Besisting and inlerfering with an olficer prohibited. (a) lt shall be unla'/vtul lor any person in the Town to resist any police otficer, member ol the Police Deparlment, special police ofliceror employee ol the Town in the discharge ol his or her duty, or in any way interlere with or hinder or prevenl him or her lrom discharging his or her duty. (b) lt shall be unlawlul lor any person to ofler or endeavor to assist any person in the custody of a police olficer, member of the Police Department, special police officer, private police ofticeror employee of the Town, to escape or to atlempt to escape lrom such custody. (c) lt shall be no defense lo a prosecution under this Seclion that the officer or employee was attempting to make an arrest which was unlawful if he or she was acting under color ol his or her official authority, and in atlempting to make the arrest he or she was not resorling lo unreasonable or excessive lolce giving rise lo a right of sell-delense. An otficer or employee acls under color ol his or her official authority when, in the regular course of assigned duties, he or she is called upon lo make and does make a judgment in good laith based upon sunounding lacts and circumstances that an arresl should be made by him or her. (Prior code Ch. X $ I-7) Sec. 10-4. False reporting to aulhorities. It is unlaMul lor a person to lalsely report to authorities. A person commits lalse reporting lo authorities il: (1) He or she knowingly causes a false alarm ol lire or other emergency to be transmitted lo or within the lire department, ambulance service or any other governmenl agency which deals with emergencies involving danger to lite or properly; (2) He or she makes a reporl or knowingly causes lhe transmission ol a report to law enlorcement aulhorities ol a crime or other incident within their otficial concern when he or she knows that it did not occur; or (3) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorilies pretending lo turnish information relating to an otlense or other incident within their olficial concem when he or she knows lhat he or she has no such information or knows that the inlormation is ,alse. (Ord. 4- 1994 $ I ) Snowmass Village, Colorado, Municipal Code page 2 12-04-17 TC Packet Page 171 of 223 (Ord. 4- 1991 $ l ) 171 CHAPTER 10 General Offenses It shall be the duty of all persons when called upon by any police officer, member of lhe Police Deparlment, special police olf iceror person duly empowered with police authority, to promptly aid and assist such officer, member or person in the discharge ol his or her duties. (Prior code Ch. X l-6) Sec. 10-6. Obstructing government operations. (a) lt is unlawful to obstruct government operations. (b) A person commits obstructing governmenl operations i, he or she inlentionally obstructs, impairs or hinders the performance ol a governmental lunction by a public otlicial, employee or servanl, by using or threatening to use violence, force or physical interference or obstacle. (c) lt is an aflirmative defense that: (1 ) The obstruction, impairment or hindrance was ol unlaMul action by a public servant; (2) The obstruction, impairment or hindrance was of lhe making of an arrest; or (3) The obstruction, impairment or hindrance was by lawful activities in connection with a labor dispute with the government. (Ord. 4- 1994 $ I ) Secs. l0-7-10-20. Reserved. ARTICLE ll Offenses Relating to Streets and Public Places Sec. 10-21 . Unlawlul condu ct on oublic p rooertv Sec. 10-22 Public buildinqs: tresoass; interterence Sec. 10-23. Obstruclin o oublic streels, p laces and buildinqs prohibited Sec. 10-24. Vehicles in iuflous lo oavemenl Sec. 10-25. lniurinq or destrovlne Dublic property Sec. l0-26. ln iurv or removal of skeet sions Sec. 10-27. Streets, strea ms and water suoolv Sec. 10-28. Lilterino ol o ublic orooertv Sec. 10-29. Seasonal trail closures. Sec. 10-30. Abandonment ol m oto vehicles orohibited Secs. 10-31-10-40. Rese rved. Sec. l0-21. Unlawful conduct on public property. (a) lt is unlawful for any person lo enler or remain in any public building or on any public property or to conduct himself or herself in or on lhem in violation ol any order, rule or regulalion concerning any Snowmass Village, Colorado, Municipal Code paBe 3 12-04-17 TC Packet Page 172 of 223 Sec. 10-5. Duty to assist officers. 172 CHAPTER 10 General Offenses (b) matter prescribed in this Section, limiting or prohibiting the use, activities or conduct in such public building or on such public property, issued by any otficer or agency having the power oI control, management or supervision of the building or property. ln addition to any authorily granted by any other law, each such ollicer or agency may adopt such orders, rules or regulaiions as are reasonably necessary for the administration, protection and mainlenance of such public buildings and propedy, specifically, orders, rules and regulalions upon the following matters: (1) Preservation ol property, vegetation, wildlife, signs, markers, statues, buildings, grounds and other structures, and any objecl ot scientilic, historical or scenic interesl; (2) Bestriction or limitation of the use of such public buildings or property as to lime, manner or permitted activities; (3) Prohibition of activities or conducl wilhin public buildings or on public property which may be reasonably expected to substantially interrere with the use and enjoyment of such places by others or which may constitute a general nuisance; (4) Hunting,camping and picnicking, public meelings and assemblages and other individual or group usages, including the place, lime and manner in which such activilies may be pelmitted; (5) Use ol all vehicles as lo place, time and manner ol use; and (6) Conlrol and limitations of lires and designation of places where lires are permitted. No conviction may be obtained under this Section unless notice ol such limilations or prohibitions is prominently posted at all public entrances to such building or property or unless such notice is actually first given lhe person by lhe oflicer or agency, including any agent thereof, or by any law enlorcement oflicer having jurisdiction or authority to entorce lhis Section. Any person who violales this Section is guilty of unlawful conducl on public property.(c) (Ord. 4- 1994 $ I ) Sec. 10-22. Public buildings; trespass; interference. (a) No person shall so conduct himself or herself at or in any public building owned, operated or controlled by the Town as to willf ully deny to any public olficial, public employee or invitee on such premises the lawful rights ol such oflicial, employee or invitee to enler, to use the tacilities ol or lo leave any such public building. (b) No person shall, at or in any public building, willf ully impede any public olf icial or employee in the lawlul performance ol duties or activities through the use of restraint, abduction, coercion or intimidation or by lorce and violence or lhreat thereol. (c) No person shall willfully reluse or lail to leave any such public building upon being requested to do so by the chiel administrative oflicer charged with maintaining order in such public building, if the person has commitled, is committing, lhreatens to commit or inciles others to commit any act which did, or would il compleled, disrupt, impair, intedere with or obstruct the lawlul missions, processes, procedures or lunctions being carried on in lhe public building. (d) No person shall, at any meeting or session conducted by any judicial, legislative or adminastralive body or olf icial at or in any public building, willfully impede, disrupt or hinder the normal proceedings of such meeting or session by any act ol intrusion inlo the chamber or other areas designated for the use of the body or official conducting lhe meeting or session or by any act designed to intimidate, coerce or hinder any member of such body or official engaged in the performance of duties at such meeting or session. (e) No person shall, by any act of intrusion into the chamber or olher areas designated for the use ol any executive body or otlicial at or in any public building, willlully impede, disrupl or hinder the normal proceedings of such body or ofricial. Snowmass Village, Colorado, Municipal Code Page 4 12-04-17 TC Packet Page 173 of 223 173 CHAPTER 10 General Offenses (Ord. 4- 1994 $ l ) Sec. 10-23. Obstructing public streets, places and buildings prohibited. (a) lt is unlalvful for any person, whether alone or with others, without legal privilege to do so, to obstruct vehicular or pedestrian movement on any street, alley, sidewalk, mall, way, place or doorway or entrance into or out ol any building which is open to the public. (b) For purposes ol this Section, the lollowing acts will constitute a violation ol this Code: (1) When one (1) person, whelher alone or with others, intentionally causes or creates an obstruction; OI (2) When one (1 ) person, whethel alone or with others, causes, creates or contributes to causing or creating an obstruction where a reasonable personin the same circumstances would be aware that he or she was causing, creating or contribuling to causing or creating an obstruction. (Priorcotle Ch. X $l-8) Sec. l0-24. Vehicles inlurious to pavement. It shall be unlawful for any person to damage or cause to be damaged the pavement or the support for lhe pavement ol any parking lot, public road, sideh/alk, trail, property or area ot control ol the Town. (Prior code Ch. X $l-10; Ord. l0-1997 $7) (Ord. 4- 1994 $ I ) (l) The term public building, as used in this Section, includes any premises being temporarity used by a public officer or employee in the discharge ol his or her ollicial duties. (9) Any person who violates any of the provisions oI this Section commits an unlawful acl. Sec. 10-26. lniury or removal of street signs. It shall be unlawful lor any person without proper authorization to remove, deface, injure or destroy any slreel sign or sign erected or placed in or adjacent to any streel indicaling the name ol such street. (Ord.4-1994 $l) Sec. 10-27. Streels, streams and water supply. It shall be unlawful to throw, deposit or cause or permit to be th.own or deposited any oflal composed of animal or vegetable substance or both, any dead animal, excrement, garbage or other oflensive matter whalever upon any slreet, avenue, alley, sidewalk or public grounds. No person shall throw or deposat or cause or permit to be thrown or deposited in the Town anylhing specified in any loregoing part of this Snowmass Village, Colorado, Municipal Code page 5 12-04-17 TC Packet Page 174 of 223 Sec. 10-25. lnluring or dest.oying public property. It shall be unlawlul lor any person to either willfully, maliciously, wantonly, negligently or in any other manner injure or deslroy real property, improvements thereto or moveable or personal properly belonging to the Town. 174 CHAPTER 10 General Offenses Seclion, or any other substance that would tend to have a polluting elfect, into the water ot any stream, ditch, pond, well, cistern, trough or other body of water, whether artificially or nalurally created, or so near any such place as to be liable to pollule lhe water. (Ord.4-1994 Sl) Sec. 10-28. Littering ot public property. (a) lt shall be unlaMul to throw or deposit in any street, alley, sidewalk or public grounds in the Town any paper, old clothes, cloth of any kind, boots, shoes, hats, leather, hair, grass, junk cars, straw, hay, trash or any other thing on public streets or alleys, except in public receptacles and authorized private receptacles. (b) lt shall be unlawlul for any person, while a driver or passenger in a vehicle, to throw or deposil litter upon any street or other public place within the Town or upon private property. (c) Any person convicted of a second violation ol this Section shall be fined not less than llvo hufldred riollars ($200 00) #tyddla+s-{$50S0) nor grealer lhan one thousand dollars ($1 ,000.00) per violation, which shall be a strict liability offense lor which the fine shall not be suspended. (Ord.4-1994 $l) Sec. 10-29. Seasonal trail closures. (a) lt shall be unlawful for any person to use by any means the lollowing trails during wildlife sensitive periods as lollows: Trail Name Anaerobic Nightmare Trail April 25th through and inrludinB June 20th Government Trail east of Elk Camp work Road May 15th tlrrough arrd inr.lrrdingJune 20th Rim Trail northeast of Sinclair Road Decem be r 1 May 15 Sequel Trail April 25th throu8h and including June 20th Tom Blake Trail April 25th through and including June 20th View Line Trail oecember lst through and including May 15th Seven Star Trail Deadline Trail December 1st through and including May 15th Snowmass Village, Colorado, Municipal Code 12-04-17 TC Packet Page 6 Page 175 of223 Dates Closed December 1st through and includin8 May lSth J 175 CHAPTER L0 General Offenses ln addition, the seasonal closure dates shall be lrom DecembelI through May 15 lor any trail developed by the Town that provides a direct connection to the Sky Mountain Park trail system. (b) The penalty fer vielatien el lhe previsiens et this Se6lien 6hall b€ psnishable by a fine e{ {ilty dBllar6 (Ord.6-1999 $2; Ord.2-2001 $l;Ord.3-2013 $l) Sec. 10-30. Abandonmenl ot motor vehicles prohibited. (a) Any person who abandons any motor vehicle upon a street, roadway, right-otway or any other public property or on private property without the expressed consent ol the owner or person in laMul charge of such property commits the violation of abandonment of a motor vehicle. (b) To abandon means to leave a lhing with the intention not to relain possession ol or assert ownership over it. lt is prima tacie evidence of the necessary intent that: (1) The molor vehicle has been lett for more lhan seven (7) days unattended and unmoved; (2) License plates or other identifying marks have been removed trom the motor vehicle; (3) The motor vehicle has been damaged or is deteriorated so extensively that it has value only for iunk or salvage; or (4) The owner has been notified by the Police Department lo remove lhe vehicle and it has not been removed within three (3) days after notilication. (Ord. 08-2009 $ l) Secs. l0-31. Penalties. Offense Penalty Unlawful Conduct on Public Property (Sec. 10-21) Sso.ooFirst offense Second offense second offense Summons Littering (Sec. 10-28 (a)(b)) s200.00 Summons Snowmass Village, Colorado, Municapal Code 12-04-17 TC Packet Page 7 Page 176of223 First offense 176 CHAPTER 10 General Offenses Seasonal Trail Closure (Sec. 10-29) First offense s100.00 Second offense Summons Secs. 1 0-32-10-40. Reserved. ARTICLE lll Offenses Against Public Peace, Order and Safety Sec. 10-41 . Disord conduct orohibited Sec. 1O-42. Th no of missiles Sec. 10-43. As ult Drohibited 10-44. Tres SS Sec. '10-45. Thef t orohibited Sec. 10-46. Criminal mischief orohibited Sec. 10-47. False id tilication orohibited Sec. 10-48. Urinatin in DUblic orohibited Secs. 10-49-1 0-60. Reserved It shall be unlaMul for any person to commit disorderly conduct within the Town. A person commits disorderly conducl when he or she knowingly, intentionally or recklessly: ('l ) Makes a coarse and obviously oltensive utterance, gesture or display in a public place and the utterance, gesture or display lends lo invite an immediate breach ol the peace; (2) Abuses or threatens another in an obviously oflensive manner as to lend lo be an immediale breach ol the peace; (3) Disturbs or tends to disturb the peace ol others by violent, tumultuous, offensive or obstreperous conduct, or by loud or unusual noises; (4) Threalens, quanels, challenges to fight or lights with another; (5) lnterleres with the free and unobstructed use of any way or place which is public in nalure by any other person or persons; (6) Makes unreasonable noise in a public place or near a private residence that he or she has no right to occupy; or (7) Not being a peace olricer, discharges a lirearm in a public place. Snowmass Village, Colorado, Municipal Code Page 8 12-04-17 TC Packet Page 177 of223 Sec. 10-41. Disorderly conduct prohibited. 177 CHAPTE R 10 General Offenses (Prior code Ch. X g l -9; Ord. 4- 1994 $ I ) Sec. 10-42. Throwing of missiles. It shall be unlawtul ,or any person to throw or ejecl any stone, snowball or other missile at or upon any person, vehicle, animal, building or other public or privale property in any manner which may cause physical harm or property damage. (Ord. 4-1994 $l ) Sec. 10-43. Assault prohibited. 11 shall be unlaMul for any person to knowingly or recklessly cause bodily injury to another person or, with criminal negligence, cause bodily injury to another person by means of a deadly weapon. (Ord.08-2009 $2) Sec. 10-44. Trespass prohibited. li shall be unlawlul for any person without legal prvilege to enter on or remain on the premises ol another or reruse to remove himself or herselt lrom the premises when requesled to do so by lhe owner or person having laMul control thereof. (ord.08-2009 $2) Sec. 10-45. Thett prohibited. (a) lt shall be unlaMul for any person lo commit thelt. A person commits thelt when he or she knowingly obtains or exercises control over a thing of value of another without authorization or by threat or deception and: (1 ) lntends to deprive lhe other pe6on permanently of the use or benelit ol the thing of value; (2) Knowingly uses, conceals or abandons the lhing ol value in such manner as to deprive the other person permanenlly of its use or benelit; (3) Uses, conceals or abandons the lhing ol value, intending thal such use, concealment or abandonment will deprive lhe other person permanently of its use or benelit; or (4) Demands any consideration to which he or she is not legally entitled as a condition ol restoring the thing of value to the other person. (b) For purposes ol this Section, the value ol the thing involved shall be less than five hundred dollars ($s00.00) (Ord. 08-200s S2) Sec. 10-46. Criminal mischiet prohibited. (a) lt shall be unlawlul lor any person to knowingly damage the real or personal property of anolher person. (b) For purposes o, this Section, the aggregate damage to the real or personal property shall be less than one thousand dollars ($1,000.00). (Ord. 08-2009 g2) Snowmass Village, Colorado, Municipal Code 12-04-17 TC Packet PaBe 9 Page 178 of223 178 CHAPTER 1.0 General Offenses Sec. 10-47. False identilication prohibited. (a) lt shall be unlaMu! Ior any person to ofler or use any document, card, license or any evidence ol identilication of age ol such person for the purpose of making sales or purchases, cashing checks, gaining admission lo any place or lor any other purpose where such identilication is talse, lraudulent, incorrect, forged or altered or misrepresents such person or his or her age or does not belong to such person, (b) lt shall be unlarvlul for any person to provide any other person with any lorm of lalse identification which is to be used to misrepresent age or lor any other unlaMul purpose. (Ord.08-2009 $2) Offense Penalty Throwing of Missiles (Sec. 10-42) First offense Sso.oo Second offense Summons s50.00 5econd offense Summons Secs. 10-50-1 0-60. Reserved. ARTICLE lV Offenses Relating to Alcoholic Beverages Sec. 10-61 . Public consumotion and possession ol ooe n containers Tem ra Sec. 10-63. Penalties Snowmass Village, Colorado, Municipal Code 12-04-17 TC Packet Page 10 Sec. 10-48. Urinating in public prohibited. It shall be unlawtul lor any person to urinate in any public way or place that is open lo or used by the public, except rest rooms or toilets which are provided for this purpose. (Ord. 08-2009 $2) Sccs. I0-J9. I'enall ies. Urinating in Public (Sec. 10-48) First offense Page 179 of223 179 CHAPTER 10 General Offenses Sec. 10-61 . Public consumption and possession of open containers. It shall be unlawlul for any person: (1) To consume any fermented mall beverage, alcoholic beverage, specral mall liquor, spirituous liquor or vinous liquor in any public place except on a licensed premises; or (2) To possess any container containing any lermented malt beverage, alcoholic beverage, special malt liquor, spirituous liquor or vinous liquor which is not a closed container in any public place. (Ord. l5-1992 $2) Sec. 10-62. Temporary suspension. The Town Manager may temporarily suspend the application of this Article lo public places at the discretion of the Town Manager lo allow athletic, charitable, civic, cultural, enterlainment, private and public events to occur at a specilic time and location. When a temporary suspension has been granted by the Town Manager, a certilicate of lhe exemption shall be posted at the event and a copy shall be delivered prior to lhe commencement ol the event to the Chiel of Police. (Ord. l5-1992 $2) {b}1a) Upon the conviction ol a second or succeeding violation of any ol the provisions of this Article, the violator shall be lined a minimum of f rlty dollars (S50.00) t$r€nlyJiv€lsilare {$25$Sl which may not be suspended, and shall be punished by imprisonment tor a period of noi more than one ( l ) year, at the discretion ol the court, or both. (Ord. l5-1992 $2) Secs. 1 0-64-10-80. Reserved. ARTICLE V Smoking Regulations Sec. 10-8'1 . Declaralion of policv Sec. 10-82. Oefinitions Sec. 10-83. Smokinq prohibited Sec. 10-84. Srqns Sec. 10-85. VroLation and penalty Secs. 10-86-10-1 00. Reserved. Snowmass Village, Colorado, Municipal Code 12-04-17 TC Packet Page 11 Page 180 of223 Secs. 10-64-10-80. Beserved. 180 CHAPTER 10 6eneral Offenses Sec. '10-81 . Declaration ot policy. Smoking and environmental tobacco smoke have been established to be Group A carcinogens that cause cancer in humans. lt is the express policy of the Town Council that abstenlion from smoking occur in enclosed public places and in the enclosed work place. As a public policy obiective, the Town Council desires that smoking nol occur in enclosed public places and that the public eflectuate this policy to the greatest extent practicable. (Ord.6-1989 $l; Ord.4-1998 $l;Ord.8-2001 $l; Ord.30-2001 $l) As used in this Article, the lollowing words shall be construed to have the meanings defined below: Outdoor public place means any area localed on public property to which the public is inviled to gather, such as public parks and public recrealional areas designed in whole or in pari lo be used by adults and/or children that have play or sports equipment or have been designated or landscaped lor play or sports activities or any other similar facility located on public property and outdoor publac venues lor public Aatherings, including the Fanny Hill evenvconcert area and the entire Jazz Aspen Snowmass concert and food area. Outdoor public places shall not include public roads, parking lots or other areas designated or reserved lor the parking ol motorized vehicles, hiking, biking, skiing or horseback riding trails. Public place means any area where the public is invited or permitted or an area lhat serves as a place of work. Service line means any outdoor line at which one (1)or more persons are waiting to enter, exit, embark or disembark lor or are receiving service ol any kind, such as movie ticket lines, thealre lines, concert lines, sporting event ljnes, food vendor lines, litl ticket lines and chairlift or gondola lilt lines. Smoking means the combustion of any cigar, cigarette, pipe or similar article, using any lorm ol lobacco or other combustible substance in any form, other than for theatrical perlormances by an employee of the establishment. (Ord.6-1989 $l;Ord.4-1998 $l; Ord.8-2001 $l; Ord. 30-2001 $l; Ord. l9-2007 $l) Sec. 10-83. Smoking prohiblted. (a) Smoking is prohibited in all enclosed public places; in those outdoor public places where members ol the public, other than the person or persons who are smoking, have gathered for a public event and are closer than twentyjive (25) feet to the person who vyishes to smoke: and service lines. (b) smoking may be permifled, however, at the discretion of any organizer or sponsor of an event or activity in outdoor public places, only in specilically designated smoking-permifted areas, provided that: ( 1 ) Such places are clearly marked and delineated as such. (2) Such places are posted with signs that clearly and conspicuously recite the phrase, .This is a Smoking Permitted Area. No smoking permitted outside this area.,, (3) Such place is no closer than filteen (15) leet lrom any service line or other area where food or beverages are sold or consumed or are designated tor the sale or consumption ol lood or Snowmass Village, Colorado, MunicipalCode page 12 12-04-17 TC Packet Page 181 of 223 Sec. 1 0-82. Definitions. 181 CHAPT€R 10 General Offenses beverages or are where persons are gathered for the purpose of selling, purchasing or consuming tood or beverages. (4) Such place is no closer than lifteen (15) teet lrom the area where persons are gathered at, perlorming at or using the facilities ol an outdoor public place. (Ord.6-1989 $l: Ord.8-2001 $l; Ord.30-2001 Sl; Ord. l9-20O7 52) Sec. 10-84. Signs. (a) All enclosed public places, outdoor public places and service lines shall be posted with signs lhat clearly and conspicuously recite the phrase 'No Smoking" or use the international no-smoking symbol, The signs shall be of sufficient number and placed in prominent locations lo convey the message that smoking is prohibited to the public clearly and legibly. Those enclosed public places lhal are used solely as places of work are exempt lrom the requirements of this Section. (b) ln any public place, outdoor public place or service line where electronically amplitied music or speech or bolh are regularly employed as part of the use of such area, the organizer or promoter of the use of said area shall be required to announce, by means of lhe electronic amplilication then in use, at intervals no greater than between perrormances and at any intermission, that "This area is designated as a smoke-lree zone, where smoking is prohibited, except in the designated smoking-permitled areas." (c) No such announcemenls shall be required in aleas where the electronically amplilied music or speech is incidental to and not a part ol the purpose of the use of the area. (Ord. 6-1989 $l; Ord.8-2001 $l; Ord. 30-2001 $l; Ord. l9-2007 $3) Sec. 10-85. Violation and penalty. The tollowing acls conslitute violations ol this Article: (1) Smoking in an enclosed public place, outdoor public place or service line. (2) Failing lo post signs or make the announcements as required by this Article. (3) Willf ully destructing or defacing signs required to be posted by lhis Article. (Ord.6-1989 $l;Ord.8-2001 $l; Ord.30-2001 $l; Ord. l9-2007 $4) Secs. 1 0-86-10-100. Beserved. Snowmass Village, Colorado, Municipal Code 12-04-17 TC Packet Page 13 Page 182of223 ARTICLE Vl Noise Sec. 10-'101. Noise. unreasonable Secs.'l 0-1 02-1 0-1 20. Reserved. Sec. 10-101. Noise, unreasonable. No person shall make, continue or cause to be made or continued any unreasonable noise; and no person shall knowingly permit such noise upon any premises owned or possessed by such person or under 182 CHAPIER 10 General Offenses such person's control. For purposes of this Section, members of lhe Police Department are empowered to make a prima lacie determination as to whether a noise is unreasonable. (Ord. 4- 1994 $ I ) ARTICLE Vll Offenses Belating to Ski Areas and Recreational Facilities Sec 10'121. Def initions Sec. 10-122. Skiino in a closed a rea orohibiled Sec. 10-123. Deceolive use of a lacililv Sec. 10-124. Usinq a lalse ticket. Sec. 10-125 Makinq a lalse ticket Sec. 10-126. UnlaMul resale ol a lilt ticket or couDon Sec. 10-127. Pena llv ASSESSM enl Se cs. 10-128-'10-140. Beserved Sec. 10-1 2l . Delinitions As used in this Arlicle, the following words shall be construed to have the meanings defined below: Event facility means any lacility lor which the operalor requires a user or entry lee, including without limitation, any conference center facility or room, or any leslival site or hall or any olher structure or site not open to the public. Open to the public means a premises which by its physical nature, function, cuslom, usage, notice or lack thereol or other circumstances at the time would cause a reasonable person to believe no permission to enter or remain is required. Passenger tramway means a device used to transporl passengers uphill on skis or otherwise, or in cars on lracks, or suspended in the air by the use ol sieel cables, chains or belts, or by ropes, and usually supported by trestles or towers with one (1) or more spans. Passenger tramway includes but is not limited to additional devices as delined in Section 25'5-702 (4), C.B.S. Becrealional lacility means any recreational property lor which the operator requires a user or entry fee, including without limitation, any goll course, lennis court, swimming pool or athlelic club. Skiing lacility means any related property within the ski area tor which the operator requires a user or entry lee, including without limitation, any hall-pipe, terrain park, inner lube park or race course. Skiing service means any service in connectaon with any ski area for which the operalor requires a user fee, including without limitation, any service or instruction offered or provided by any ski instructor or ski school. Page 14 Page 183of223 Secs. 1 0-1 02-1 0-1 20. Beserved. (Ord. l9-2001, gl) snowmass Village, Colorado, Municipal Code 12-04-17 TC Packet 183 CHAPTER 10 General Offenses Sec. 10-1 22. Skiing in a closed area prohiblted. No skier shall ski on a ski slope or trail that has been posted as "Closed" pursuanl to Section 33-44- 107. C.B.S. (ord. l9-2001, $l) Sec. 10-123. Deceplive use ot a facility. It is unlawful for any person to knowingly obtain or attempt lo obtain the use, benefit or enjoyment ol any skiing lacility, skiing service, passenger tramway, recreational ,acility or event lacility by any false pretense, lrick or deceptive means. (Ord. l9-2001, $l) Sec. 10-1 24. Using a lalse ticket. It is unlawful for any person to knowingly possess, olfer, use, present, sell or give away, any false, simulated, spurious, sham, altered, lorged, counterfeit, defaced, nontransferable or mutilated ticket, token, pass, badge, pin or other device which then entitles lhe bearer to the use, benefit or enjoyment of any skiing lacility, skiing service, recreational lacility or event lacility. (Ord. l9-2001, $l) Sec. 10-t25. Making a false ticket. It is unlaw{ul lor any person to knowingly talsify, alter, lorge, counterreil, deface or mulilate any ticket, token, pass, badge, pin or olher device which then entitles the bearer to the use, benefit or enjoyment ol any skiing lacility, skiing service, recreational lacility or event lacility, or lo make oI manulaclure any simulated, bogus, spurious or sham ticket, token, pass, badge, pin or other device purporting to entitle the bearer to the use, benelit or enjoymenl of any skiing lacilily, skiing service, recrealional facility or event facility. (Ord. l9-2001, $ l) Sec. 10-126. Unlawful resale ol a lifl ticket or coupon. It is unlaMul for any person to, with the intent to profit theref rom, resell or oller to resell any ticket, token, pass, badge, pin, coupon or other device which then entitles the bearer lo the use, benefit or enjoyment ot any skiing lacility or skiing service. (Ord. l9-20O1, $l) Sec. 10-127. Penalty assessment. The lollowing penally assessments are declared to be mandatory and minimum: Offense Pena lty Snowmass Village, Colorado, Municipal Code 12-04-17 TC Packet Page 15 Page 184 of223 184 CHAPTER 10 General Offenses Skiing in a closed area prohibited (Sec. 10-122) First offense Second offense Summons Deceptive use of a facility (Sec. 10-123) First offense Second offense Using a false ticket (Sec. 10-124) First offense Second offense Making a false ticket (Sec. 10-125) First offense Theft by resale of a lift ticket or coupon (Sec. 10-125) First offense Summons (Ord. l9-2001, $l) Secs.'1 0-128-10-140. Reserved. ARTICLE vlll Regulations Regarding Peddlers, solicitors, Transient Merchants and the Posting of Handbills Sec, 10-141. Peddlers and solicitors prohibited f rom ooino into private residences: exemption. Sec. 10'142. Selling in oublic parks, oarkino lots and riqhts-of-way orohibited: exemption. Sec. 10-'143. Distribution and posting of handbills prohibited: exemotion. Secs. 1 0-1 44-1 0-1 60. Reserved. Snowmass Village, Colorado, Municipal Code 12-04-17 TC Packet Page L5 Szso.oo+15e€s s2s0.00 $+seee Summons $2s0.00 $159.€g Summons Summons Page 1 85 of 223 ll 185 CHAPTER 10 General Offenses Sec. 10-141 exemption. Peddlers and solicitors prohibited from going into private residences; (a) lt shall be unlawfullor solicitors, peddlers, hawkers and lransient merchants to go into or upon private residences in the Town, not having been requested or invited to do so by the owner or occupant of such private residences, for the purpose of soliciting orders ,or the sale of goods, wares, services and merchandise or lor the purpose ol selling or disposing ot the same. (b) This Section shall not be applicable to persons representing local schools, charitable or civic enlerprises. (Ord.08-2009 $(b)) Sec. 10-142. Selling in public parks, parking lots and rights-of-way prohibited; exemption. (a) lt shall be unlaMul for a person to occupy any public street, sidewalk, path, right-otway, park or parking lot lor the storage, display or sale of goods, services or merchandise. (b) The provisions of this Seclion shall not apply to any activity lor which a lemporary use permit, in accordance with the provisions ot Chapter 16 of this Code, has been issued. (ord. 08-2009 $(b)) Sec. 1 0-143. Distribution and posting of handbills prohibited; exemplion. (a) ll shall be unlaMul lor any person to place or attach any handbill, sign, pamphlet, advertisement or similar item to or upon any private or public property, building, structure or vehicle without the express permission of the owner thereol. (b) The provisions ol this Section shall not prohibit the installation of bulletin boards specilically designed for the placement ol such notices upon private or public properly with the consent of the owner thereor. (Ord. 08-2009 $(b)) Secs. 1 0-144-10-160. Reserved. Snowmass Village, Colorado, Municipal Code 12-04-17 TC Packet PaBe 77 Page 186of223 186 Town of Snowmass Village Agenda ltem Summary DATE OF MEETING December 4, 201 7 AGENDA ITEM Review of Communily Questionnaire on Mariiuana Sales in Snowmass Village PRESENTED BY: Travis Elliott, Assistant to the Town Manager BACKGROUND The questionnaire is cunently conligured to require a name and address, but the results will only be presented in aggregate. lndividual responses will not be published in any public reports or presentalions to the Town Council. Next Steps: Upon approval, statf will test the survey and then make it available to all members of the community. To do this, we will post the questionnaire on our website, send it to our newsletter subscribers, and send a mailer to all Snowmass Village PO boxes. There are no hard costs associated with the development, execution, and analysis of the marijuana questionnaire. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Collecting feedback on this issue directly relates to the Town Council's strategic goal of Community Engagement: The Council wanls to strive lo continue to increase high quality, community engagement. This includes creating opportunities to receive feedback, lo improve Council visibility, to increase the number of listening gatherings (for 12-04-17 TC Packet The attached questionnaire was designed to collect general feedback from the community aboul marijuana establishments in Snowmass Village. lt has been updated based on the edits Town Council suggested at our previous discussion on November 13th. The online version is also available to review al https://www. survevmonkev.com/r/MJtosv. FINANCIAL IMPACT: Page 187 of223 187 Council) on a broad array of sub,iects and to make sure the Council has good and beneficial communication with its citizen boards and commissions and town statf. COUNCIL OPTIONS: 1. Approve the questionnaire and direct stafl lo make the survey available to the public. 2. Approve the questionnaire with modifications. 3. Decline to execule a questionnaire on mariiuana at this lime. SIAFF RECOMMENDATION: Staff recommends the Town Council direcls staff to begin distributing lhe survey and collecting leedback. ATTACHMENTS: A. Updated Draft Marijuana Opinion Queslionnaire 12-04-17 TC Packet Page 188of223 188 Snowmass Village Marijuana Opinion Questionnaire The Town Council Woutd Like to Hear From You Thank you for your time and feedback regarding marijuana in Snowmass Vitlage. Under Cotorado Amendment 64, there are many different types of marijuana stores, operations, and facitities that can be regulated or prohibited together or separately by the Town of Snowmass Vittage. Currentty, the Town has a moratorium in place until October 2O18 on every type of marijuana estabtishment under Amendment 64. The Town Council would like your feedback before making a decision to a[[ow or permanentty prohibit marijuana licenses. Each submission witt require a valid respondent name and address to be considered in the decision- making process. Your name and information will not be pubtished, but it may be subject to open records requests. The survey will only take approximately 2-3 minutes to complete. To move forward in the survey click "next" at the bottom of the page. Once you have completed the survey, be sure to click "submit" on the last page. Thank you in advance for your thoughts on this important topic. Only one response per person witt be accepted. / 1. Shoutd any retait, manufacturing, cuttivation, and/or testing of marijuana products be permitted in Snowmass Vittage as provided for in Amendment 64 (shoutd marijuana licenses be legatized in Snowmass Vittage)? Yes No 12-04-17 TC Packet Page 1 89 of 223 1 \ 189 2. lf ticenses were to be allowed, what types of additionat restrictions shoutd the Town consider imptementing on marijuana establishments and/or sates? (Check att that appty) f] zoning and Location Restrictions f] t-ocat Time, Ptace, and Manner Regulations fJ tvtaximum Number of Stores / Facitities I Local Safety and Security Regulations [*,J aOOitional Sales Tax [_J None of the Above [-] ottrer (ptease specify) 12-04-17 TC Packet Page 1 90 of 223 2 190 Snowmass Vitlage Marijuana Opinion Questionnaire Types of Licenses 3. Which of the fotlowing types of marijuana establishments should the Town license in Snowmass Vitlage? Altow Prohibit No Opinion Recreational Retail Medica[ RetaiI Manufacturing Facitities Cuttivation (grow) Facitities Testing Facilities Other (ptease specify) c 4. Ptease etaborate on your setections and preferences above. 12-04-17 TC Packet Page 1 91 of 223 3 \t o C) o o o 191 Snowmass Vittage Marij uana Opinion Questionnaire \ Closing Comments & Demographic Questions 5. Do you have any additionat comments you woutd tike to share with us regarding the potential licensing of marijuana estabtishments in Snowmass Vittage? 6. Which of the fottowing best describes you? Year-round Snowmass Vittage Resident Part-ti me Snowmass Vittage Resident Roaring Fork Valtey Resident (outside of Snowmass Vittage) Guest of Snowmass Viltage (non-resident visitor) Other (please specify) 7. Are you an emptoyee within Snowmass Vittage? 8. Are you a business owner within Snowmass Viltage? Yes No Yes No 12-04-17 TC Packet Page 192 of 223 4 192 9. Are you a registered voter in Snowmass Vi[lage? Q ves C) no 10. How otd are you? " 11. Signature: All responses must include a valid name and address to be considered Name Physical Address City/Town State/Province zlPlPostal code 12-04-17 TC Packet Page 1 93 of 223 5 193 Town of Snowmass Village Agenda ltem Summary DATE OF MEETING December 4, 2017 AGENDA ITEM Building 6 Tenant Update PRESENTED BY: BACKGROUND: Building 6 of Base Village has been designated as a community purpose facility that will be owned and controlled by the Town in November 2018. Staff is currently in the process of linding the best lead tenant, food and beverage tenant, and a number of programming partners for the facility to creale the most beneficial communily purpose possible. The Town received numerous responses to our request lor letters of interest published on Seplember 21si, and staff has met with many of the organizations to learn more and develop lheir concepts further. Through a separate non-profit entity controlled by a board comprised ol different stakeholders, NeXus is the standout concepl lhat proposes to finance, manage, and program building 6 in collaboration with other organizations. Their concept is to combine flexible programming space, virtual reality exhibils, and other technology to create a "community-based live event, broadcast and digilal arls center." Their complete Letler ol lnterest is attached (attachmenl A). Snowmass NeXus is currently working through the details of this concept, and plans to present a complete business plan to the Town Council in early 2018. Food and Beverage Tenant: The Aspen Brewing Company was the only organization that submitted a letter ol interest for the food and beverage portion o{ the lacility. Staff has met with representalives of the company, and they are also preparing more detailed plans for a 12-04-17 TC Packet Clint Kinney, Town Manager Lead Tenant: The "snowmass NeXus" proposed by Grassroots and Colorado Audio Visual and Design has emerged as a lrontrunner lor the lead tenant of Building 6. Page 194 of223 194 Snowmass Village brewpub serving beers, wine, cocktails, and a restauranl lood menu complete with breakfast and coflee options. Programming Partners: Many of the organizations that submitted letters of inlerest are still interested in programming and playing a role in the tacility. Although these organizations were not prepared to be the lead tenants of the Iacility, they are still interested in a programming role to help bring vitality to building 6. We will continue to work with them to allowtheir ideas and programming to be incorporated into the Snowmass Nexus concepl. . ACES . Anderson Ranch . Aspen Science Center . Pitkin County Library . Snowmass Discovery . Snowmass Village Parks, Recreation, and Trails . Snowmass Tourism Guest Services The cost of Building 6 is estimated al around $6 million. The cost to linish the building to meel the programming and needs ol the chosen lenant(s) is to be determined and will be based on the proposed use(s). Once completed, the facilily will operate with minimal capital and maintenance expenses, as lhe Town is not responsible for any CAM fees for 14 years. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: The completion and programming ol Building 6 to meet a community purpose is directly related to the Town Council's strategic goal ol community building: "A major component of communily building is creating more community oriented spaces and gathering places. ln addition, lhe Town needs lo increase utilizalion of existing communily spaces by programing them with community focused activilies and exploring partnerships with organizations, such as Pitkin County Library, that create vitality. These community places need to be conveniently connected such that "a flovry''between lhem is evident and high levels of vitality can be enjoyed throughout the Village. This community building initiative should further include cultural aclivities including performing and visual arts." 12-04-17 TC Packet The Aspen Brewing Company is also interested in working closely with lhe lead tenant of the lacility to help serve and cater to events taking place in lhe rest of the lacility or in lhe plaza. Their complete Letter of lnlerest is atlached for your review (attachment b.) FINANCIAL IMPACT: Page 195of223 195 COUNCIL OPTIONS: No formal action is required at this time. STAFF RECOMMENDATION: Staff recommends lhat the Town Council direcl staff to work with the applicants to develop more comprehensive business plan, to present to the Town Council al a future meeling. ATTACHMENTS: A. Snowmass Nexus Proposal B. Aspen Brewing Company Proposal 12-04-17 TC Packet Page 196 of 223 196 (working title) Connect - lnspire - Entertain - lnform - Empower Base Village Building 6 Letter of lnterest presented by: GrassRoots Community Network and Colorado Audio Visual and Design October 30, 2017 Snowmass Nexus is a dynamic and engaging community-based live event, broadcast and digital arts center where all community members, their organizations, and their guests, will collaborate to learo create, explore and connect. 1.1 Tell us who you are. What is your mission? GrassRoots Television lnc. DBA GrassRoots Community Network. 501(c)3 Non-profit registered May, 1972. GrassRoots is the nation's oldest community-operated media, providing and promoting open communication among the residents of the Roaring Fork Valley in 7972. GrassRoots' facilities and professional staffenable community members, public and private organizations, and their guests, to participate in the creation of digital video content they control. CrassRoots is the caretaker ofthis unique and authentic community treasure for the entire Roaring Fork Valley community. NeXus For over 45 years GrassRoots has collaborated and partnered with thousands of residents and hundreds ofnon-profit organizations to produce over 20,000 live eyents, television programs and on{ine video segments. GrassRoots has permanently stored. and is now digitally archivin6 thousands ofthese presentations, discussions and performances, creating an unmatched historical record of the past for nearly five decades in the Roaring Fork Valley. CrassRoots has brought great ideas, in-depth discussions, presentations and performances of visiting world leaders in politics, art, economics and science into our 12-04-17 TC Packet Page 197 of223 $nownass Section 1: Introduction of Organization, staff, general purpose of the proposal and partnership Opportunities Nexus is a private/non-profit partnership between GrassRoots Television lnc. and Mr. Burns Media 197 homes and our guests' lives. Through community television and web channels, GrassRoots integrates these presentations with the community, helpinB to sustain a creative, engaged and knowledgeable community that in return has become a leader in the national and global conversation. Mr. Burns Media, DBA Colorado Audio Visual and Design For over three decades, Colorado Audio Visual and Design has consistently produced many ofthe best known events in the valley. Our team ofaudio, visual, film, and broadcast professionals manages and executes productions with breakthrough technolory and services. We aim to be the best in live event technolosC/, video production, and cross- platform distribution to deliver media and facilitate communication. Colorado Audio Visual and Design contributes to several major organizations including the Aspen lnstitute, NBC Universal, and American Express however, we strive to put our absolute best into any proiect and our partners continuously look to us to help expand their resources into a memorable experience. For partners such as ACRA, the Department of Veteran Affairs, and the Markle Foundation, this crucial part of their missions are fulfilled by the services we offer. To continue to provide alternative ideas, Colorado Audio Visual and Design maintains top ofthe line equipment and services. Our capabilities reach from immersive, video mapping to live streaming events across any social media platform. Our goal is to provide the means to reach community through experience and technolory. 7,2 What is your proposal? Snowmass Nexus is a dynamic live event, broadcast and digital media enBagement center dedicated to the creation and exhibition of art, ideas, and community endeavors in an atmosphere that encourages freedom of expression and interaction with guests and community memtlers. NeXus is where snowmass village, its guests and the Roaring Fork Valley can connect; it is a live stage for community to happen. NeXus will uniquely combine presentation, performance and creative spaces, both inside and outside of the facility, with video recording broadcast and live digital distribution capability. It is the technical base camp for Plaza events, provide meetin& conferencing teaching and creative workspaces. lt will host world-renowned thinkers and doers, people who are making a positive impact in our community and the world. Many services will be available at no charge to residents and guests; space and technology will be available for graduated fees, low and affordable to local citizens and small organizations, subsidized by profitable rates from corporate and commercial rentals. The Nexus Facility: Nexus is Iive community spacet all available to non-profit partners and individuals as half- day pop-ups or longer term exhibits: 12-04-17 TC Packet Page 198of223 198 The Spotlight Theatre, a 12l+ seat Flex-Space with a permanent stage, back stage area, stage and audience event lightin& house sound system linked to outside speakers, large venue proiection and presentation (PowerPoint, keynote, movie playback), wireless microphones, live band integration, enhanced acoustics for Iive performances,4K remote camera system, video signal processing and recording live streaming to all social media channels, broadcast to Grassroots TV cable channel, live distribution to any social media platform (YouTube, Facebook, lnstagram, Snapchat, etc..) and live distribution to Spotlight Theater Channel on streaming platforms (Amazon Video, Apple TV, etc.) ln The Spotlight Theotre, visitors, local non-profits and/or residents can create, participate in, or attend events from community discussions and lectures to multimedia performances and expert presentations ofglobal interest. Contemporary presentation technologies will provide live, instant connectivity between experts in the Roaring Fork Valley and expers, and multi-media presentations from around the globe. Commercial patrons can host immersive, state ofthe art lectures, discussions, and meetings, bringing their audience anywhere in the world, enabling simultaneous interactive Q&A sessions in Chicago, Tokyo, Zurich and Snowmass Village. lmagine the possibilities ofa flexible TED type presentation space located in the heart of Base Village year round. The Spotlight Theatre will establish Snowmass Village as a prominent hub for creative thinking and presentation both locally and around the world. Studio X Media Loborotory co^stantly evolves; it will innovatively employ cu rrent and yet-to-be-invented digital media tools and software. Including public editing suites and Broadcast Studio, Studio X is where video artists ofall ages collaborate and teach one another new software and game development. You can participate io an educational or creative game, or construct your own virtual reality. lnterns and staff will help visitors download apps, upload photos, send their first tweet, or stretch the limits ofcreative new media software. Studio X takes the visitor's digital interactions to levels far beyond the norm, where they learn in a productive and challenging environment to create and control electronic communications. Art organizations can use Srudio X for summer video workshops, from simple stop action animation to creating their own Virtual Reality mindscapes filled with electronic sounds they created themselves. They can then display their new creations through Nexus servers that feed content to: Page 199 of223 GrassRoots Commtotiry, Broodcast Studio is a fully staffed tum-key 4K studio available at affordable fees for community accrss, web and broadcast conlent production. Also used for media literacy classes, and as a commercial and corporate communications LTN studio. The adjacent mini-studio will enable anyone to record pod-cass, interview friends, leam to "live-switch" multiple robotic cameras, create graphics, and mix audio all on their own, all at the same time, for less than a pair ofski goggles. In addition to continuing to broadcast on the Grassroots cable channel the studio will also live- stream content to social media channels (YouTube, Facebook Snapchat, Instagram, etc.) and also package content for delivery to streaming platforms (Amazon Video, Apple TV, YouTube, etc.) 12-04-17 TC Packet 199 The Virtuol Gollery, where non-profit partners display real and virtual exhibits to guide visitors through an ice-age, an animated contemporary art gallery, an urban planning landscape or a backcountry powder glade, all at the same time. Since the space is completely flexible, it can also be used for staging events in the Plaza, as a classroom or a yirtual golf tournament. This is where tech partnerships with companies that have a Virtual Reality platform enables access to both the local communi!r and visitors, adding to the dynamic mix of programming and funding. Community: NeXus enables and encoumges: o Residents and guests to meet and engage in a multi-use, multi-venue, indoor and outdoor Community event and media center; . Residents of the Aspen/Snowmass community to program concerts, performances, ceremonies and celebrations at the only indoor/outdoor llve-event community center in the valley; . Organizations to promote their missions and collaborate through pop-up installations and programs; . Community sponsored events, local organizations and their missions to be broadcasted and advertised over multiple web and television platforms; o Individuals and organiz2tions to create digital media-based art and science, and the freedom to express personal and communal thoughts and ideas. o School children and adults to experience how communication technolory and media actually functiory empowering their media literacy and awareness beyond mere consumption. The Snowmass Village community will have a space that is neutral ground - where everyone is welcome to engage in civil discourse. Nexus is a place that uses media and technology to support and connect; where human engagement is emphasized and encouraged. In support ofthese outcomes, any community member, local organization or guest with any idea or concept intended for sharing through any kind of media, will find a contemporary Media Center with: . Multi-set HD television studio . Personal video and audio editing and digital graphics production o Access to creative stations with web, social media and presentation software for multimedia and digital art creation. o HD video and cinema displayand presentation systems. r Cable, Broadcast and Web distribution capabilities, expanding the impact of all events, discussions and other activities. 12-04-17 TC Packet Page 200 of 223 The Plazo,where during summer an outdoor studio enables broadcast coverage and live streaming as well as technical support and green room space, for civic events, concerts, Chili Cook-off, wine and beer festivals, any activity we all imagine for the Plaza. ln the winter, Nexus can provide technological enhancement for Plaza activities such as projecting video, a light organ, and festive seasonal images onto the ice. 200 Remote field production equipment to borrow or hire with professional operators. Hostin& Curation and Technical Support for Events, Classes and Presentations: Residents and visitors can all participate in and attend Nexus original events and media empowerment: . lnternally curated performances and presentations (like TED Talks, E-Town, concerts, community discussions, non-profit fundraising events) for local broadcast and global distribution on social media; o Full conference services including event plannin& furniture, kitchen, event management, liquor license, audio-visual support and 3rd party integration (bands, flowers, caterers, tent rental, linens, Slassware, etc.); . A continuously evolving Studio X Media Maker Laboratory, creating and adapting to new technologies like virtual Reality and 3-D animation and interactlve art.; . Media literacy and empowerment instruction; . Media deconstruction and analysis; o Practical applications in media production; o Classes and discussions led by media professionals and non'profit partners; . A Community Media Archive; We all know that human engagement and communication are increasingly through digital technolory. NeXus brings that technolory into the community space, facilitating interactive, collective group endeavors that unite rather than separate us. At Nexus, digital technolory is used to connect and strengthen our communal bonds, create connections with our visitors, and allow our community to be collectively heard at the click ofa mouse. 1.3 ManagementStructure NeXus is managed by a Non-Profit Board of Directors, including appropriate Snowmass Village stake holders, aided by community advisory groups such as the Nexus Think Tank, will guide and advise the Executive Director, Chief Operations Officer and professional stafl plus intern and volunteer support. Board Members, GrassRoots staff and COAVD staff are all active local residents. lohn Masters, CrassRoots Community Network Executive Director, has 35 years of professional experience in video and television production, including developing and managing several resort market television stations. He has produced over 2,000 video and television productions, including live performances, visitor information programmin& ESPN sports specials, and programs on PBS, Discovery, A&E and Lifetime. He has directed GrassRoots for l5 years, being instrumental in improving service levels, revenues and community involvement. He has degrees in Telecommunications and Business Administration. 12-04-17 TC Packet Page 201 of 223 The Colorado Audio Visual and Design Team have designed, managed and produced broadcast television, live concerts and events, large-scale festivals, trade shows and exhibis, and social media campaigns for over 35 years. 201 1.4 PartnershipsandCollaborations GrassRoots served and partnered with 120 non-profit organizations last year. Most recently, GrassRoots has partnered with: o Snowmass Chapel . Explore Booktore o Clean Enerry Economy for the Region . Aspen Chamber Resort Association . Yampah Mountain High School o Aspen Art Museum . Powder to the People . Aspen lunior Hockey . Sustainable Settings . Aspen Words r ABC News. American Express and Media. Anderson Ranch Arts Center. Aspen Branch. Aspen City of Wellbeing. Aspen Historical Society. The Aspen ldeas Festival. The Aspen lnstitute. Challenge Aspen. Aspen lewish Community Center. Aspen Meadows Resort. Aspen School District. Aspen Skiing Company. Belly Up Aspen. Bezos Family Foundation. Bloomberg TV. City ofAspen. Town of Snowmass Village . Rocky Mountain lnstitute o Aspen Center for Social Values o Wilderness Workshop o Aspen Middle School . Aspen Valley Hospital . Mountain Rescue Aspen o Legends ofAspen . Aspen lournalism. Aspen Community School e Aspen Choral Society . Aspen Brain Institute . CNN. Colorado Mountain College. Colorado Tourism Office. DemocraticGovernorsAssociation. Department ofVeteran Affairsr devlNC (Aspen Food and Wine Classic). ESPNr Facebook . Fox News . Home Shopping Network. Markle Foundation. MSNBC . NBC o NPR . Pine Creek CookHouse. Promedicalnternational . RepublicanGovernorsAssociation. Sanguine Report. Time Inc. Colorado Audio Visual and Design continuously partners with: 12-04-17 TC Packet Page 202 of 223 GrassRoots Community Network and Colorado Audio Visual and Design collaborate with dozens of local nonprofits and businesses every year. lt is our ioint objective not only to provide all local organizations with video and television production facilities, but also expand distribution oI their events, presentations, fundraisers, performances, discussions and any other content they wish to create to a much wider audience than the live aBendees. This global reach will draw larger, international firms to experience the attractive community and guest experience Snowmass Village has to offer. 202 NeXus is a civic intersection where visitors meet and interact with community members, connect with the community's past, participate in its present, and transmit into its future. NeXus enables many different elements of our community and visitor population to freely associate and combine, learn and create together. NeXus thus becomes the catalyst, an event in itsell stimulating social interactions resulting in new ideas, solutions, works of art and technology, and then projecting those creations throughout the community and the world. Nexus will be the flexible, ever changing home for pop-up exhibits, events and demonstrations by non-profit organizations and trade groups; it will house film fests and lecture series, antique and dinner shows, rehearsals and recitals, multimedia salons, yoga, indoor archery competitions, sumo wrestlin& anything that fits. It will be a trendsetting and extremely valuable asset to every conference group visiting Snowmass Village. There will be concerts, community iam sessions, poetry and improv, performance art and experimental video. Nexus is where community members can meet for panel discussions, candidate debates, fundraisers, and dance classes, all video recorded or live streamed if desired. Visitors can attend, participate and create. Somethin& perhaps everythin& will be different each return visit. Once users and visitors to Nexus realize both the value of the personal interaction they experience in the facility, as well as the positive feedback they receive from the wide distribution of their experience over social media, streaming video platforms, broadcast and cable, they will enthusiastically and comfortably come back for more. ln our decades of experience at GrassRoots and Colorado Audio Visual and Design, we've found that many patrons and production partners have returned for many years, some every week, more every month, most every year. . Over 500/0 ofthe present visitors and users of GrassRoots' cu rrent facilities are return visitors.o Over 900/o of content creators and communify producers return to create more programming. o 33(% of web visitors return each month, so an ever-growing number of new visitors to our GrassRootsTV.org are becoming repeat visitors.. COAVD has a 920lo customer return rate. COAVD currently has a 5 star rating on Google and Bing Nexus will provide Snowmass Village with a surprising amenity unique in resort villages. Guests will attend events, presentations, discussions and performances featuring renowned experts and leaders, meet friends and collaborators, as well as watch or pafticipate in the production of television programs in an inviting and friendly facility. 12-04-17 TC Packet Page 203 of 223 Section 2: Proposed use ofthe Building 2.7 Creating on-going vitality, return visits. 203 2.2 Unique community facility Too many local organizations and ad hoc groups have inventive and impactful ideas for gatherings and conferences but have no affordable facility to realize them. NeXus enables individuals, groups and organizations to perform, present, create and record a wide array of performances, presenlations and activities without the expense of findlng and paying for larger venues, or more commonly, the use ofperhaps more affordable, but ill-suited locations in basements, hotel break out rooms or even the back of restaurants * all lacking audio-visual equipment, proper lighting and video recording capacity. NeXus levels the playing field between well-funded and budget constrained organizations by providing turn-key, fully equipped and supported public spaces at affordable rates. The NeXus concept is not only unduplicated in Snowmass Village and the Valley, it is a dynamic community asset, unmatched anywhere outside of the nation's largest metropolitan areas. Nexus is a digitally enhanced community Hub of Collaboration. It is modeled on and inspired by facilities like the BRIC (Brooklyn Information and Culture), presenting "programs in contemporary art, performing arts, and video that reflect the creativity and diversity" of the local community, "advancing and nurturing emerging voices and works-in-progress by local artists and media makers. BRIC supports open access to arts and media by making programs available without charge or at very low cost, through education and public programs, and by enabling and ampliling individual and community voices." https://www.bricartsmed ia.org More than a Snowmass community arts and presentation center, Nexus invites all visitors to engage on some level - from simply observin& to operating a camera, to hosting an event, to performing their art, to creating their own ski video, to presenting a painting in a virtual 3-D gallery. Community members and visitors are immersed in a "caf6 of free expression;" spoken word, new media, electronic performance, light sculpture, dance, theatre, digital graphics, music, scientific experiments, even 3D pro.iection and video conferencing. The on-site kitchen facilitates catering events, cooking demonstrations, community meals and other special events limited only by the imagination of the communiry members themselves. 2.3 Linking building and Plaza NeXus is both figuratively and literally a central hub for events and activities in Base Village, Snowmass Village, and the Valley. It is a core neighbor and partner with the surrounding businesses and lodging. lt brings programs, events and theatrical features to plaza events, and is also the support facility for other adjacent outdoor eyents and Plaza uses. ln summer, Nexus is an ideal conference venue for any and all types of revenue generating events such as business conferences, weddings, religious ceremonies, parties oi all kinds, anniversaries, music festivals, and food festivals. lt provides an annex for other more 12-04-17 TC Packet Page 204 of 223 NeXus will be an affordable performance space, a meeting hall, a classroom, a Community Center for New Media, an open creative facility focusing on the recordin& transmission and permanent archiving of the community's creativity, ideas, passions, dreams, challenges and progress; Nexus will inspire, innovate, and educate. 204 established festivals such as lAS, Snowmass Village Summer Concert Series, Mammoth Festival, Aspen Food and Wine and many more. The Plaza is an outdoor studio, with many ofthe uses ofThe Spotlight now under a silk shade, with Base Village and Sam's Knob as the background. Nexus is the source for powel communications, dressing rooms, green room, set and equipment storage for staging that backs up to Nexus, providing unobstructed views from all adjacent lodging properties for concerts and events. All Aspen based event and conference venues are completely booked in the summer and no other venue in Aspen or the Roaring Fork Valley will meet the demand for flexible, functional and affordable event space. In winter, roof top proiectors can light up the ice with abstract designs, project the lines for curling or a broom ball game, or live video ofskaters and spectators. This is just the beginning ofall the ways Nexus can support and program Plaza events Partnership and collaboration with other organizations is integral to the fulfillment of our mission. There are opportunities for one hour to long term or semi-permanent collaborations. But the whole idea is that no one idea is permanent. Everything changes all the time, determined by the inventiveness of our community partners, who are everyone. This is an innovative, dynamic center of vitality, and we are not able to do it alone. lt would be impossible as well as counter-productive to our intent and mission to do it without help from the community. Nexus will create its own programming and so will the community, non-profits, event promoters, the Skico, the Town, everyone is invited to use, program and curate, and fund their own uses. It will take a village. Z.S Calendar Nexus is open Noon to lopm, 5 days a week, year round, except for tlree weeks in early spring and October. Closed Sundays and Mondays, although it will be available for special events and private functions every day ofthe year. We do expect our staffand families to live a balanced life. While we curate and create our own schedule of events, classes and exhibits throughout the year and particularly during peak visitor seasons, Nexus programming is fully responsive to the needs ofthe community and local organizations. So the calendar is inherently indefinable, and constantly evolvinB to the interests and seasonal needs. Facility use will start out slowly and build over 3 to 5 years to maximum use as Base Village is built out and planned occupancy is realized. Year 2 will have twice the programming as Yearl. Year5will see nvetimesthe useand programming as year l. Cenerally, we foresee similar community use as the current GrassRoots studio in year 1, or about 350 public 12-04-17 TC Packet Page 205 of223 2,4 Partnering 205 productions per year, plus 30 invited TED talk type speakers, Z0 live performance events, 10 local partner sponsored events. 2.6 Market and Audience Individual community producers, part time residents and valley based non- profits. Day Visitors - Foot Traffic - Skiers, mountain bikers, Snowmass Adventure Park visitors, bus tours, concert attendees, retail shoppers. Direct Destination - residents & guests traveling to the base village for an event at the Nexus Snowmass Village Lodging - longer-term guests looking for something to do. 2. Local, regional and global broadcast and web event audience - friends and family of participants, other interested parties of events happening at the Nexus and Snowmass Village, new on-line audiences discovering Snowmass Village ameoities, community and events. The market can be seen as four concentric geographic zones radiating out from the facility: l. Base Village, its resident guests, day visitors, lodging and retail businesses; 2. Snowmass Village, its community members, their guests, local non-profits, commercial businesses and the Town ofSnowmass Village; 3. Roaring Fork Valley residents and their guests; 4. Global audiences and corporate sponsors. General public marketing for Nexus will partner with and leverage the communications departments of Colorado Audio Visual and Design, Grassroots Community Network The Town of Snowmass Village, Snowmass Tourism, ACRA, participating organizations and participating members. AII forms of media wili be used in order to launch a marketing campaign that will first create awareness of NeXus then invite any and all interested parties to create a relationship with us. Colorado Audio Visual and Design is positioned to use its expertise in social media advertising to create and strategically distribute a campaign across all contemporary social media channels. The Venue Manager and Conference Service Managers will be responsible for engaging local and regional event planners to create awareness for the near term in order to fill in dates in the year immediately following the opening of the Nexus. A traditional and digital advertising campaign aimed at conference service industry publications and digitat and traditional mailing lists will announce the availability of NeXus for events a year out and beyond as contracts for most events are usually signed well in advance. It will be critical to the success of NeXus to launch with an initiat calendar programed by NeXus staffand partners that appeals to the community and visitors and to communicate that calendar vociferously. 12-04-17 TC Packet Nexus serves two broad groups: 1. On-site facility users, participants, presenters, performers and Nexus audience members: Page 206 of 223 206 ln marketing to Snowmass Village and the Roaring Fork Valley, managing public relations, publicity, and word of mouth messaging are paramount. Other local marketing efforts will focus on social media, GrassRoots Television, sponsorship o[ local events outside of Base Village, and ofcourse, lift tower stickers. Section 3 Community Purpose 3.1 A Unique and Enriching Experience By now you see that Nexus is unlike any other facility in Snowmass or the Roaring Fork Valley. We know of no other amenity in any other mountain resort that encourages guests and residents to meet, create, participate and together celebrate the life of the Snowmass community on a regular basis. At Nexus, we all have a fun and enriching experience togetler in a convenient, intimate and stimulating environment, in a first class digital arts and events facility. Nexus creates relationships and partnerships that will encourage repeat visits and develop long-term friendships. Our mountain community is undoubtedly a place of personal physical expression and enrichment. Nexus provides an intellectual amenity where guests will experience presentations and installations by local non-profits and residents, the same day that world leaders in unexpected disciplines present their ideas and visions for the future. Much of the point of this lener is to stimulate our collective imagination of what Nexus can be and do. The best part, the truly unique aspect to NeXus is its ability to enable so many uses and activities, and then reach far outside ofthe box, to continuously broadcast the Snowmass experience to the entire world. Nexus is a key component to the economic vitality of Base Village. While it creates reasons to visit, helps market to and attract visitors, and stimulates economic activity on its own, it is also a surprising amenity to finish the full mix ofski resort, adventure park, lodging ice rink, restaurants and retail. It is one more reason for visitors to talk about their Snowmass vacation. lt regularly creates reasons for non-skiers and local residents to visit Base VillaBe. It is a well-used center of community. It is recognized and appreciated as a welcoming and spirited common ground for residents and visitors alike. 3.3 Contribution to the Long Term Success, Vision and Aspirations of Snowmass Village NeXus is a vision, as well as a physical high-tech multi-modal flex space. lt is meant to stimulate cultural consciousness and develop community identity. It is dynamic; designed to change over time, both short term and long term. It is symbiotic; constantly evolvilng and 12-04-17 TC Packet Local marketing within Base Village will be through digital calendar signage at facility, in- room television and concierge services, retail partner sponsorships, and Plaza events. 3.2 Community Vitality Page 207 of223 207 responding to the social, entertainment, information, economic and connectivity needs ofthe Snowmass community. I t is inclusive; providing for, and creating multiple opportunities for social interaction. lt adds value to the Snowmass experience for full and part time residents, their organizations, guests and visitors. lt enables visitors to intimately participate in the community life ofSnowmass Village. It bolsters and facilitates ou r sense of commun ity pride and belonging. ltwillproiect our unique cultural identity, and our thoughtfuland inclusive mountain lifestyle throughout the world. It adds to the economic vitality of Base Village, while to a substantial degree, being independently sustainable. lt is an accessible and helpfulneighbor to Village businesses, add evening vitality and a unique dimension to a mountain resort village. lt attracts new visitors and adds many new, unexpected experiences for returning visitors. Ultimately, Nexus realizes GrassRoots Network founder lohn Smith's vision in 1971: "it will be alfordoble, flexible, inclusive ond responsive. It will be of, by dnd |or the people ofthe community, ond their guests. lt will provide not only o Iorum, but also the opportunity to leorn to creote... to develop their own creotive skills, discover the rewards ofparticipatingwith others in their community, and find new and eJlective ways to connect directly with their lellow re si d e n ts o n d v isi tors." Section 4 Financials 4.7 Describe how you propose to finance: a) The capital expenses associated with finishing the building tor the proposed purpose. Provide an estimate ofthose expenses, Total building finishing costs, including interior construction, facility equipment and furnishings: $2.8 million. Projected Iinancing:. $750,000 Private Capital contributions . $750,000 Private equityo $700,000 Base Village Community Use fund. $300,000 Corporate sponsorships: Cash and in-kind. $300,000 Holy Cross community development fund b) The operating and maintenance expenses associated with your proposed use. Multiple revenue streams will fund operating and maintenance costs:. Earned revenue from facility, audio-visual and production equipment rental fees; technical services including conference management and planning catering services.. On-line content subscriptions, partnerships and advertising. Community donations and grantso GrassRoots station underwriting. Corporate facility sponsorships 12-04-17 TC Packet Page 208 of 223 208 4,2 Do you propose to charge an admission fee? lf so, how much? What will that money be used for? NeXus will operate as a nonprofit toward the community and a for-profit toward commercial clients. ln general, there will be no-admission fees for visitors attending internally curated presentotions and drscussrons. The goal is for Studio X community edit facilities, Virtual Reality experiences and other regularly curated services and exhibitions to be underwritten by corporate and commercial sponsors. Depending on the cost of internally produced performonces,ticketing will be kept as affordable as possible. Basic local non-profit facility rental rates will follow GrassRoots'traditional affordable and graduated rate structure, dependent level of community contributions and grants. Commercial clients will be charged full costs, while consenting to open access. Ticketing prices may be dependent on level of required equipment, marketin& management and technical labor support. Private events will be expected to pay full for-profit market rates to help support facility operations. 12-04-17 TC Packet Page 209 of 223 209 Town of Snowmass Village - Letter of lnterest Community Purpose Facility @ Base Village SECTION 1 - INTRODUCITON 1.1 - Aspen Brewing Company is an independently owned and operated craft brewery producing a variety of award winning beer in Aspen, Colorado. With a production facility at the Aspen Airport Business Center and a landmark taproom in downtown Aspen, Aspen Brewing Company continues to expand with national and international beer distribution and grow towards being one of the world's premier craft beer brands. 1 .4 - WATERSHED LLC is a partner organization with Aspen Brewing Company, allowing both a manufacturing brewery produce beer as well as operate food & beverage establishments. SECTION2-PROPOSEDUSE 2.1 - Since it's inception, Aspen Brewing Company has always focused on being a center of community engagemenl and vibrancy like no other business in this community, inline wilh history of breweries being a 'public house.' Today, craft beer has become one of the most popular (tourism) industries and Colorado 's at the lop of that list. With award winning craft beer, craft cocktails and wine all complimented by a locally sourced and seasonal food menu, we will create a destination within Snowmass Village where lourists and locals will regularly visit Local musicians, community organizalions and scheduled events such as beer pairing dinners will guarantee frequent and return visitors. 2.2 - Snowmass Village has a great deat of activity and vibrancy. Vvith the proposed developments happening in concert with this project, snowmass will be more full of people than ever before. The brewery and restaurant will mainlain a welcoming and casual community atmosphere and be a needed hub of inleraction between tourists and locals. Page 210 of 223 Aspen Brewing Company 4M Aspen Airport Business Center Aspen, Colorado 81611 (97O) 920-2739 1 .2 - Aspen Brewing Company's proposal is to creale a vibrant destination restaurant and taproom in Snowmass Village serving a full selection of Aspen Brewing Company beers alongside a curaled wine & cocklail menu in addition to a healthy and locally sourced restaurant food menu. 1.3- The management structure for this facility would fold directly into our current operations. Aspen Brewing Company's exisling senior management team would hire onsite restaurant and bar management to execute day-to-day operations. 12-04-17 TC Packet 210 2.3 - An Aspen Brewing Company taproom will be the perfect intermediary between the building and events plaza. An open air design will creale a seamless transition from the bar and outdoor seating to the adjacent buildings, pedestrian areas and events plaza. 2.4 - We would certainly be willing to partner in this facility and believe the possibilities are endless. From science and environmental organizations to experiential or educational groups, we envision a great partnership wilh any and all Snowmass Village neighbors. 2.5 -A hypothetical calendar would include: Regularly scheduled local and regional music; frequent beer pairing dinners, daily happy hours, frequent sports viewing parties from College and National Football to Olympics and World Cup Soccer and more, group events including local and regional non-profit and business organizalions, and much more. The facility would be open 12 hours daily, 7 days/week, year-round with limited 'off-season' closing. 2.6 - Our market audience is very inclusive, while being adult focused Aspen Brewing Company's taproom in Snowmass Village would engage locals and tourisls, young and old, all while being family friendly as well. SECTION 3. COMMUNITY PURPOSE 3.1 - Breweries have been the cornerstone of communities throughout history. Aspen Brewing Company's Snowmass Village taproom would create a unique end enriching experience for all those who live, work and visit by creating a vibrant community space, serving great food and libations in the unique prelext of Aspen Brewing Company with a steady schedule of engaging events year-round. 3.2 - Our proposal would become the hub of vitality in Snowmass Village: as a meeting spot after skiing, biking or hiking; a place to kill time before going out to dinner; a great and casual dinner option ilself; the place to grab a drink afier dinner or during any of the local programming for the events plaza; and ultimalely a destination in itself. SECTION 4 - FINANCIALS 4.1 - a) Capital expenses related to building finishes for lhe proposed use would be financed internally from Aspen Brewing Company. Depending on the condition of the unit we estimate finishes between $100,000.00 & $500,000.00 b) operating and maintenance expenses will come from revenue generated by the brew-pub business. 4.2 - No anticipated admission fee. 12-04-17 TC Packet Page 211 of 223 211 Town of Snowmass Village Agenda ltem Summary December 04, 2017 AGENDA ITEM BESOLUTION NO. 44, SERIES OF 2017. A RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE SNOWMASS VILLAGE TOWN COUNCIL FOR THE MONTHS OFJANUARY 2018 THBOUGH DECEMBER 2018 PRESENTED BY: Rhonda B. Coxon, CMC, Town Clerk BACKGROUND: Each year the Town Clerk provides meeting dates lor the next full calendar year to help Town Council Members with scheduling ol vacalions and time off for the next calendar year. Each ol the Begular Meetings is scheduled to begin at 4:00 p.m. I am providing lor your review a resolution, that moves Council Meeting to Tuesdays due to Holidays on Monday's. ln addition to the regularly scheduled meetings, il is anticipated that Work Sessions will continue on lhe second Monday ol each month with those meetlngs beginning at 4:00 p.m. FINANCIAL IMPACT N/A APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: N/A COUNCIL OPTIONS: 1. Approve 2. Modify 3. Deny Approve or Modify the Resolution 12-04-17 TC Packet Page 212 of 223 DATE OF MEETING: STAFF RECOMMENDATION: 212 ATTACHMENTS Resolulion No. 44, Series ol 2017 Fulure Agendas Holiday's EOTC Meeting Dates 12-04-17 TC Packet Page 213 of 223 213 1 2 3 4 5 6 II 10 11 12 13 '14 15 16 17 18 19 20 2'.! 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUNON NO.44 SER]ES OF 2017 A RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE SNOWMASS VILLAGE TOWN COUNCIL FOB THE MONTHS OF JANUARY 2018 THROUGH DECEMBER 2018 WHEREAS, due to New Year's Day holiday being Monday, January 1 , 2018, the Iirst meeting in January will be on Tuesday, January 2, 2018; and WHEREAS, due to Martin Lulher King Day holiday being Monday, January 15, 2018, the second meeting in January will be on Tuesday, January 16, 2018; and WHEREAS, due lo President's day being on Monday February'19,2018 the second meeting in February will be on Tuesday, February 20, 2018; and WHEREAS, due to Labor Day being on Monday, September 3, 2018 the Regular Meeting will be on Tuesday, September 4, 2018; and WHEREAS, the Snowmass Village Town Council has agreed that it is necessary to establish two Regular Meeling dales for the months of January 2018 through December 20'18; and NOW, THEREFOHE, BE lT RESOLVED by the Town Council ol lhe Town of Snowmass Village, Colorado: Section One:Meeting Dates Regular snowmass Virlage Town council meeting dates lor the month ol January 2018 arc set as follows: January 2, 2018 January 16,2018 Sect ion Two:Meetin q Dates Regurar snowmass Vi,age Town councir meeting dates for the month ofFebruary 2018 are set as follows: Page 214 of 223 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL WHEREAS, Section 2-46 of the Municipal Code states Regular Meetings of the Town Council will occur lhe first and third Monday of each month; and WHEREAS, The Town Council may by Resolution, change the date for a regular meeting; and 12-04-17 TC Packet 214 48 49 50 5l 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 9t 92 17-44TC Reso Page 2 ol 4 February 5,20.l8 February 20,2018 Meetin q Dates Regular Snowmass Village Town Council meeting dates for the month of March 2018 are set as follows: March 5,2018 March 19,2018 Meeting Dates Regular Snowmass Village Town Council meeting dales for lhe month ol April 2018 are set as follows: ril2,2018 ril 16,2018 Meetinq Dates Regular Snowmass Village Town Council meeling dates for the month ol May 2018 are set as follows: May 7, 2018 May 21, 2018 Section Six:Meetin Dates Regular Snowmass Village Town Council meeling dates lor the monlh of June 201 I are set as follows: June 4, 2018 June 18,2018 Ap Ap Section Five: Flegular snowmass Vilrage Town council meeting dates for the month ol July 2018 are sel as follows: July 2,2018 July 16,2018 12-04-17 TC Packet Meetinq Dates Page 215 of 223 Seclion Three: Section Four: Section Seven:Meetinq Dates Section Eiqht: 215 93 94 95 96 97 98 99 100 '101 102 103 104 105 106 107 108 109 110 111 112 'I 13 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 Regular Snowmass Village Town Council meeting dates tor the month of August 2018 are set as lollows: August 6, 201 8 August 20, 20 18 Regular Snowmass Village Town Council meeting dates for the month ol September 2018 are set as follows: September4,201B September 17,2018 Meetinq Dates Regular Snowmass Village Town Council meeting dates for the month of November 2018 are set as follows: November 5, 2018 November 19,2018 Section Twelve:Meetinq Dates Regular Snowmass Village Town Council meeting dates lor the month of December 2018 are set as follows: December 3, 2018 December 17,2018 Page 216 of 223 '17-44fC Reso Page 3 of 4 Section Nine:Meetinq Dates Section Ten: Regular Snowmass Village Town Council meeting dates torthe month of October 2018 are set as follows: October 1,2018 October 16,2017 Section Eleven:Meetinq Dates Section Thirteen: Severabilitv lf any provision ol this Resolulion or application hereof to any person or circumstance is held invalid; the invalidity shall not affect any other provision or application of lhis Resolution, which can be given effect without tire invalidprovision or apprication, and, ro this end, the provisions ol this Resorution are 12-04-17 TC Packet 216 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 17-44TC Reso Page 4 ol 4 severable. INTRODUCED, READ AND ADOPTED, by the Town Council of the Town ol Snowmass Village, Colorado on the 4th day of December 2017 upon a motion made by Council Member _ seconded by Council Member _, and by a vote of _ in favor and _ opposed. TOWN OF SNOWMASS VILLAGE Markey Butler, Mayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM John C. Dresser Jr., Town Attorney 12-04-17 TC Packet Page217 of223 217 DRAFT ZOLB Agenda ltems o Regular Meetings begin at 4:00 p.m. unless otherwise noted o Work Sessions begin at 4:00 p.m. and aim to end at 6:00 p.m. o The dates on which agenda items are listed are only a best approximation. Agenda items are added to this list as they arise. Agenda items may well be moved to different meeting dates. Agendas are generatly not finalized until the Thursday prior to the meeting. o ln addition to agenda items, this document also lists expected absences of Town Council members. ln compliance with section 2-49 of the municipal code, once the consent agenda is approved, the absences noted will be considered to have received the prior approval necessary of the majority of the Council for members to be absent from meetings. 2018 TENTATIVE MEETING DATES NOT APPROVED BY TOWN COUNCIL -Set for Approval on December 4,2A17 Town Council Meeting Tues. Jan 2nd - Regular Meetine r Reso 1 - Designating Public Notice Boards - RBC r Reso 2 - Appointing Various Town Board Members - RBC . Ord 14 1$ Reading - Building 7 & 8 -JAW ?? Mon. lan 8s - Work Session (Madsen Ouil Tues. Jan 16th - Regular Meeting Mon. Feb. 5th - Regular Meetine Mon. Feb 12th - Work Session Thurs. Feb l5th - EQ Tues. Feb 20th - Regular Meeting . Updated Pitkin County Hazard Mitigation Plan Adoption Mon. Mar 5th - Resular Meeting Mon. Mar 12th - Work Session Mon. Mar 19th - Regular Meetine Mon. Apr 2nd - Regular Meeting Mon. Apr 9th - Work Session Mon. Apr 16th - Regular Meetine Mon. Mav 7th - Regular Meeting Mon. Mav 14th - Work Session Mon. Mav 21't - Resular Meeting 12-04-17 TC Packet Page 218 of 223 218 DRAFT 20L8 Agenda ltems Mon. Jun 4th - Reqular Meeting Mon. Jun 1lth - Work Session Thurs. Jun 14'n - EoTc Meetins Pitkin County to Host 4:00 p.m. Mon. Ju n 18th - Resular etinP Mon. Jul 2"d -esular Meetins Mon. Jul 9th - work Session Mon. Jul 15th - Reeular eetins Mon, Aus 5s - ReEular Meetine Mon. Aug 13th - work session Mon. Auq 20h - Rerular Meetinq Tue, Sep 4th - Reeular Meetine Mon.loth - Wo rk session (Y om Xioour Holid avl Mon. 5ep 17rh - Regular Meeting 1n-r Meeti imini Atu eret Holids ct 8th -Columbus oan Mon.15th - Resular Meetins Thurs. Oct 18'h - EOTC MeetinE iW of Aspe n to Host - 4:00 p.m. Mon. Nov 5th - Resular Meeti nP {N ieht B eforc Election PITCO Needs Council €hambersl Mon. Nov l2rh - work Session Mon. Nov 19th - Resular Meetins Mon. Dec 3'd - Regular Meeting Mon. Dec lOth - Special Meeting Mon. Dec, 17s -Repular Meetins 12-04-17 TC Packet Page 219 of 223 219 DRAFT 20L8 Agenda ltems Topics for Work Sessions or Other Meetin qs Requested bv Town Council Members. Update on Daly Town Home regarding retaining wall. How did they do that? 1)new web assels, transit and recreationo Environmental Discussions/Approaches: 'l) Meet with EAB and prioritize Sustainability goals 2) update on Solar and Renewable Energy for the Town of Snowmass Village 3) Discuss the Climale Reality Projecl 4) overview of the Re-Op Fund, ils uses and successes. 5) a presentation of the Energy Navigator from the EAB/PW 6) discussion regarding how to move energy conservation efforts beyond town govemment to a community wide effort enabling individuals to help make progress 7) a presentation from CORE on the high live program . Housing strategy: 1)discuss a potential regional approach to aging in place/ work with Pitkin county and county senior services- 2) find ways to encourage/ allow individuals to move from larger homes to smaller homes 3) meeting other needs- such as specilic housing lor lown employees 4) update on current housing construction proiect 5) update on meeting the overall housing strategy . Action on Necessary IGA's or other documents regarding "school property tax" dislribution . (expected) Base Village PUD update / review . Continued discussion use of building 6 . Continued discussion on Comprehensive Plan consideration and adoptiono A discussion on potentially allowing camping (RV or other) within the Village . E-Bike & Trail Easement Reskictions Update . An update from CORE (including their High 5 Program). Upcoming Land Use Hearings 1) Base Village possible amendmenls to PUD- expected lo require a 1"t and 2nd reading 2) Sonnenblick Minor PUD Application 3) Enclave PUD Applicaton. Review of Council Compensalion Page 220 of 22312-04-17 TC Packet 220 ,Year 201 8 Calendar - United States Page I of I Calendar for Year 2018 (United States) January Su Mo Tu We Th Fr Sa12 3 456 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 i:O E:O 16:4 24.O 3t:O April Su Mo Tu We Th Fr Sa 12 3 4 56 | I I 't0 11 12 13 14 15 '16 17 18 19 20 21 22 ?3 24 25 26 27 28 29 30 a.O rs,Ozz 0zs.O February Su Mo Tu We Th Fr Sa123 4 5 6 7 8 9 lC 11 12 't3 14 't5 16 17 18 19 20 21 22 23 24 25 26 27 28 7:O i5:a 23iO Su Mo Tu We Th F. Sa 12 34 5 5 7 I 9 10'11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 z:O r5a2rO29:O March Su Mo Tu We Th Fr Sa 1234 5 6 7 I I 10 11 12 13 14 15 16 1r- 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1io9:(l l7ra2lro3lo July Su Mo Tu We Th Fr Sa 12 3 4 56i I 9 10 11 12 13 11 15 16 17 18 19 20 21 22 23 24 25 26 27 23 29 30 31 oO rz.O rs0zzO August Su Mo Tu We Th Fr Sa 123 4 5 6 7 I I 'r0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June Su Mo Tu We Th Fr Sa 123 4 5 6 78I r0 1t t2 13 14't5 16 17 18 19 20 21 22 23 24 25 26 27 2a 29 33 6r()13ra2o:O2srO December Su Mo Tu We Th Fr Sa 1 2 3 4 5 67 8 I 10 l't 12 13 14 1a 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7:a t5:O 22:O2UO October Su Mo Tu We Th F. Sa 12 3 456 7 I 910 11 't2 13 14 15 16 17 18 19 2J 21 22 23 24 25 26 2i 28 29 30 31 zOsOroOzqO:rO November Su Mo Tu We Th Fr sa 123 4 5 6 7 I 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 21 25 26 27 28 29 30 zOrsOztOze() Jan I Nev/ Yea,'s Day Jan 15 Madin Luther Kno Jr. Oay Feb 14 Valentioe's Day Feb 19 Presidenls' oay Apr 1 Easte, Sunday Ap.13 Thomas Jefb6on's Birthday May 13 MothefE Day Holidays and Observances: May 28 Memorial Oay Jun 17 Fathe/s Day Jul4 lndependence Oay Sep 3 Labo. Day Ocl 8 Columbus Day (Most reOions) Ocl3l HallovJee.l Novll Veter.ns Oay Nov 12 Veterans Oay (observed) Nov 22 Thanbgiving Day Oec 2,1 ChrBtrnaa Eve oec 25 Chnshas tlay Dec 31 Ne$ Yea/s Eve alendar generated on www.timeanddate.com/calendarC htrps?Seo4inibzna-FG.8.aokefir/print.htmr?year=2018&countrv=r RagF*R1 of ?Hn May September Su Mo Tu We Th Fr Sa 1 2 3 4 5 67Ig 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 z:O s:O to:O zlOr.O rr.O reOzoO 221 Jewish Holidays 2018-2019 Holiday Rosh Hashana Yom Kippur Sukkot Shmini Atzeret Rhonda B. Coxon, CMC Town Clerk Town of Snowmass Village P.O. Box 5010 Snowmass Village, CO 81615 Jewish Holidays 2018-2019 Dates Sep l0-11, 2018 M-Tu Sep 19, 2018 W Sep 24-25, 2018 M-Tu Sep 26-30, 2018 W-Su Oct l,2018 M Description The Jewish New Year Day of Atonement Feast of Tabernacles Eighth Day of Assembly Telephone: Fax: email. 97 0-923-3777 ext. 602 970-923€083 rcoxon@tosv.com 'My mission in life is not merely to sutvive, but to thrive, and do so with some possion, some compossion, some humor ond some style.'" -Moyo Angelou I 12-04-17 TC Packet Page 222 of 223 222 Rhonda Coxon Please enter these dates into the Council's calendar. Are you awa re of a ny conflicts with any of these dates? Thanks, David From: Sent: To; Subject: . February 15,2018 o ,une 14,2018 . october 18,2018 Than you John D. Krueger Director of Tran spodation City of Aspen 130 South Galena Aspen, CO 8161 1 Office: 970-920-5042 Fax: 970-544-9447 David Peckler Wednesday, November 08, 2017 10:37 AM Rhonda Coxon; Barb Peckler FW: 2018 EOTC Meeting Dates Snowmass to host and chair Pitkin County to host and chair Aspen to host and chair 1 12-04-17 TC Packet Page 223 of 223 From: John Krueger Imailto:john.krueger@cityofaspen.com] Sent: Wednesday, November 08, 2017 10:25 AM To: Barry Crook <barry.crook@cityofaspen.com>; Brian Pettet (brian.pettet@pitkincounty.com) <brian,pettet@pitkincounty.com>; Clint Kinney <CKinney@tosv.com>; Dan Blankenship <dblankenship@rfta.com>; David Johnson <djohnson@rfta.com>; oavid Peckler<DPeckler@tosv.com>; John Krueger <john.krueger@cityofaspen.com>; .,on Peacock (Jon.Peacock@co.pitkin.co.us) <Jon.Peacock@co.pitkin.co.us>; Lynn Rumbaugh <lynn.rumbau8h@cityofaspen.com>; Tom Oken (tom.oken@pitkincounty.com) <tom.oken@pitkincounty.com> Subject: 2018 EOTC Meeting Dates All, The following meeting dates were approved for 2018. Please check with your Board or Council and let me know of any conflicts or problems with these dates. All meetings are on Thursday and start at 4pm. iohn. krueqer@cityofaspen.con www. asDenpitkin. oro Colorodo Associotion of Tronsit Agencies Resort Trunsit Agency ol the yeor! 223