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04-24-00 Town Council Packet 17 �ort�� SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION 04-24-2000 2:00 —2:20 P.M. MALL TRANSIT PLAZA DISCUSSION -- Joe Kracum . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1 2:20 —2:50 SUMMER TRAILS PROGRAM -- Bernadette Barthelenghi/frails Committee . . . . . . . . . . . . . . . . . . . . . . . . . .Page 4 2:50 — 3:30 DISCUSSION OF ORDINANCE NO. 07 AND NO. 15 SERIES OF 2000 • Ord. No. 07 Amends Article IV— Land Use Code • Ord. No. 15 Amends Article V— Land Use Code -- Leslie Klusmire/Victoria Giannola. . . . . . . . . . . Page 5 3:30 — 3:45 TIMBERLINE MAINTENANCE BUILDING — LOT NO. 13 -- Chris Conrad . . . . . . . . . . . . . . . . . . . . . . . . . . Page 254 3:45 -4:30 EMPLOYEE HOUSING GUIDELINES DISCUSSION -- Joe Coffey. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 255 4:30—4:45 SVRA CONFERENCE CENTER DISCUSSION -- Terry Hunt . . . . . . . . . . . . . . . . .No Packet Information 4:45 — 5:20 REGIONAL TRANSPORTATION AUTHORITY UPDATE -- Mayor T. Michael Manchester. . . .No Packet Information 5:20 - 5:30 BREAK RRRkkkkkk*****kkkk********Rkkkk*************Rkkkkk*******kk**kkkkkkk********kkkkkkkkkkk*k*** SNOWMASS VILLAGE TOWN COUNCIL SPECIAL MEETING 04-24-2000 CALL TO ORDER AT 5:30 P.M. Item No. 1: ROLL CALL Item No. 2: FIRST READING — ORDINANCE NO. 07, SERIES OF 2000 AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF ARTICLE IV OF CHAPTER 16A OF THE MUNICIPAL CODE -- Leslie Klusmire/Victoria Giannola. . . . . . . . . . . . . . . . .Page 5 04-24-00tc Page 2 Item No. 3: DISCUSSION/ACTION SEVEN STAR RANCH REQUEST FOR EXTENSION OF TIME -- Gary Suiter . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . Page 259 Item No. 4: EXECUTIVE SESSION PRIVILEGED ATTORNEY/CLIENT DISCUSSIONS REGARDING LAND NEGOTIATIONS - Colorado Revised Statutes 24-6-402 (3) (a) - Snowmass Village Municipal Code Chapter 2, Article III, Section 2-45, Executive Sessions Item No. 5: ADJOURNMENT NOTE: ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. COUNCIL COMMUNIQUE MEETING DATE: April 24, 2000 BY: Joe Kracum, MKC STAFF: Gary Suiter, Town Manager SUBJECT: Mall Transit Plaza Discussion OVERVIEW: Joe Kracum will be here to discuss Work Product (following page), an assumed 2-year construction schedule (to be handed out at meeting since it did not copy legibly) and an itemized Conceptual Cost Estimate Worksheet listing those items to be costed-out. The construction schedule is applicable to any two years. Keep in mind that in order to start construction at the end of a ski season, the decision needs to be made by June of the previous year. We remain on schedule for surveying and drilling. A variable will be utility locates. Some drilling will impact pedestrian/traffic flow. We will work to minimize disruption to scheduled conferences. STAFF RECOMMENDATION: Review information and discuss. p:/shared/clerk/manager.xsc/cmq.2000/ APR-21-2000 1059 MK CENTENNIAL P.02 MK CENTENNIAL 402 SEVENTH 5T 4617 I TEL 0701926-8599 ATRIUM SOME»+ P.O.DNAWRR 300 FAX 9701926-8526 GLENW00D SPRING$,00 SH02 • DATE: April 18, 2000 • TO: Gary Suitor ■ FROM: Joe Kracurn, PE ■ SUBJECT: Snowmass Village Transit & Parking Plaza Final Conceptual Design -Work Product RISEN The list below identifies the items we will provide to Snowmass Village for delivery by 1 Jun for the Partnership & Staff Meeting and Council Packet for the 5 Jun Council Meeting. Design Objectives, Design Criteria, & Design Standards Report General Layout Plan Sheets General Layout on Aerial Photo General Layout of Retaining Walls Profile Sections (Relocated Snowmelt Road, Centerline, Existing Snowmelt Road) Key Cross-Sections of Project Lower Parking Structure Concept Drawing Upper Parking Structure Concept Drawing Upper Parking Structure Concept Alternative Drawing Transit Level Concept Drawing Pedestrian Level Concept Drawing Critical Project Area Details Conceptual Cost Estimate Construction Phasing Plan Construction Schedule Foundation Recommendations Retaining Wall Selection Report Architectural Renderings Project Animation Right-of-Way Mapping Utility Location Mapping Geotechnical Report t CD N M Y N M M M M X N N N N N N N M M N X N N N M M M M n M N M F w N N M N M N N M N M M N cc M M Y M Y w M N M N a M M F M M X M N N M N N N F N M M M N M M N N M M M Y Y M N N N M N X Z L J Z 3 U p M Y Y N N M Y N M M N N N N N N M N N N N N F N M N M M M M M N N N w M M � g 1121� 17 Y INI-11 6 V H-olulu uH uH A 1G t7 9 >! y Y 4 V S>Q>b 9 17>b>b m U m CD 3: e J Big a g COUNCIL COMMUNIQUE Meeting Date: April 24, 2000 : 2:20 PM Presented By: Bernadette Barthelenghi and Trails Committee Members Subject: Summer Trails Program SNOWMASS VILLAGE TRAILS COMMITTEE PRIORITY PROJECTS FOR 2000 1) Request a separate authorization for the (Guber) Owl Creek Trail connection. Ask that funding come from the Rett Surplus Fund to purchase the easement and construct the asphalt trail. 2) The following is the priority list of trail construction work for the summer of 2000 ($60,000) • Village Bound Trail from the water plant to the Mall — Ski-Co • Rim Trail buff out and realign near Horse Ranch — Green Team • Ditch Trail to Government up to Campground —.Ski-Co • Cross Mountain Trail will be newly constructed trail as identified on the Master Plan — Ski-Co • Funnel section of the Blake Trail — Green Team/ Ski -Co • Owl Creek Trail grading and construction of the missing link - Green Team • Anaerobic Nightmare — Green Team — if time and approval allow Due to the unanticipated lack of available contractors for trail construction the Aspen Skiing Company and Green Team have graciously agreed to a cooperative effort in completing the trail construction priority list for this summer. The $60,000 allocated will be used to reimburse to Aspen Skiing Company for labor same as last year; Green Team for tools and materials; and a training program through State Trails or Roaring Fork VOC. The best situation would add two laborers to work on trail construction alone with the Green Team. 3) Request additional funds ($40,000) to asphalt overlay some of the 2.2 miles of paved trails in poor condition. COUNCIL COMMUNIQUE Meeting Date: April 24, 2000 at 2:40 PM and 5:30 PM in a Regular Meeting Presented By: Victoria Giannola, Planning Director; Leslie Klusmire, Assistant Town Manager; Steve Connor, Town Attorney Subject: First Reading of Ordinance No. 07, Series of 2000 —an Ordinance amending Article IV of the Town of Snowmass Village Land Use and Development Code, which creates language changes in Section 16A-4 of the Municipal Code. Overview: 1.) Town Council requested that staff draft a series of code 1. Background amendments to Article IV of the Land Use and 2. Issues Development Code, particularly in reference to job generation rates and employee housing mitigation 3. Alternatives requirements. 2.) Council will hold a First Reading of Ordinance No. 07 on April 20' of 2000 and a Second Reading on May 30`" of 2000. In between the two Readings, the Planning Commission reviewed the proposed language amendments on May 3`° of 2000 and recommended adoption with amendments, by way of Resolution, to Town Council. 3.) Members of the development community have requested that Town Council discuss the amount of mitigation (in square footage and/or cost) which the amended regulations would require for application proposal. Recommendation: Adoption of Ordinance No. 07, Series of 2000. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 07 SERIES OF 2000 AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF ARTICLE IV OF CHAPTER 16A OF THE MUNICIPAL CODE. WHEREAS, amendments to Chapter 16A contained in this Ordinance are being processed under the provisions of Section 5-210.C.7 of Chapter 16A of the Municipal Code; and WHEREAS, the Town Council directed the Planning Staff to propose amendments to Chapter 16A of the Municipal Code, and to prepare this Ordinance to formalize the amendments; and WHEREAS, the Town Council referred the amendments to the Planning Commission after first reading for comment; and WHEREAS, the Town Council reviewed the recommendations of the Planning Commission meeting held on May 3, 2000; and WHEREAS, notice of a Public Hearing to be held on May 30, 2000 was published in the Snowmass Sun, in accordance with the provisions of Sections 5-60 B.1. and 5-210 C.6. of Chapter 16A of the Municipal Code; and WHEREAS, the Town Council received comment from the public at the Public Hearing held in accordance with the provisions of Section 5-210 C.6. of Chapter 16A of the Municipal Code; and WHEREAS, the Town Council has considered the amendments, all relevant support materials, the report of the Town Staff, the Planning Commission recommendations, and public testimony given at the Public Hearing; and WHEREAS, the Town Council finds that this Ordinance complies with the provisions of Section 5-210 E. of Chapter 16A of the Municipal Code; and WHEREAS, the Town Council finds that the procedure and requirements set forth in Section 5-210 of Chapter 16A of the Municipal Code have been satisfied; and WHEREAS, as to the provisions of this Ordinance that do not amend Chapter 16A, the Town Council has reviewed the provisions and has received the recommendation of the Town Staff and comments from the public; and Ordinance No. 07, Series of 2000 Page 2 WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: 1. Amendment to Chapter 16A. Article IV. The provisions of Chapter 16A Article IV of the Municipal Code are hereby amended as follows: See working copy of Article IV 2. Severabilitv. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on April 24, 2000 upon a motion by Council Member , the second of Council Member , and upon a vote of_ in favor and _ against. READ, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass Village on Second Reading on May 30, 2000 upon a motion by Council Member , the second of Council Member and upon a vote of_ in favor and_ against. TOWN OF SNOWMASS VILLAGE T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk - 7 -- t ARTICLE 4 DEVELOPMENT EVALUATION STANDARDS Language clean-up for clarity This Article establishes a-sere# evaluation standards for the review of development within the Town. These provisions are necessary and desirable in order to: (1) protect ecologically and environmentally sensitive areas ia the-Tewa; (2) faGilitate the effiGi8Rt use e44and, as well as public and private services and facilities efficiently; (3) ensure that development occurs in an orderly and timely fashion; and (4) ensure that a project's design is compatible with the existing scale and character of the Town. DIVISION 4-1. PROTECTION OF ENVIRONMENTALLY SENSITIVE AREAS SECTION 4-100. PURPOSE protectiea-e€ he environmental, aesthetic and natural resources of the Brush Creek and Owl Creek valleys, including wildlife habitat, stream corridors, sensitive Language clean-up for clarity hillsides, and other unique lands and significant natural features, is This Division is to establishes standards to ensure that as development occurs, these environmentally sensitive areas are protected and. 'R it s A-d-moRastFatien ` this Developm nt r^.+^ A is ^18^ a^ T inteatiea to ensure that development does not contribute significantly to the degradation of air quality ia�� does not generate noise which would result in materially adverse impacts relating to the use of the land in question or adjacent land or occupants thereof. SECTION 4-110. SENSITIVE WILDLIFE HABITAT AREAS Language clean-up for clarity A. Purpose. [sentence moved up from end of paragraph]. This section establishes procedures and standards to ensure that development is located, designed, and used in such a way that these sensitive wildlife habitat areas are protected. Protection of wildlife habitat and promotion of bio-diversity is has '^^^ be _ important value iR RAO.A.91FRass Village. Because wildlife habitat is sensitive to human activity, the Town intends to manage development such that it does not diminish wildlife habitat and ensures the er-the continuing existence of species in the area. The Comprehensive Plan includes maps that portray elk production areas, elk concentration areas, elk severe winter range, elk migration corridors, mule deer severe winter range, bighorn sheep winter range and the nest sites of golden eagles, goshawks and red-tailed hawks within and adjacent to the Town limits. 2 B. Applicability. The provisions of this Section 4-110 shall apply to any development application for PUD, amended PUD, subdivision or special review within the areas described in Section 4- 110 C., Maps Incorporated. These provisions shall not apply to development of a lot Language clean-up for clarity subdivided prior to the effective date of this Development Code (September 2, 1998). However development of such lots shall comply with any wildlife protection requirements that may have been applied to the property during the approval of the PUD or subdivision in which it is located. C. Maps Incorporated. The Wildlife, Mule Deer Seasonal Activity, and Elk Seasonal Activity Mfnaps in the Comprehensive Plan contain afe general information maps that depict the Language clean-up for clarity locations of sensitive wildlife areas within and adjacent to the Town limits. These maps are hereby incorporated in this Development Code by reference. Copies of the maps are available for public review in the Building and Planning Department during normal business hours. 1. Lands Designated on Maps. The following lands designated on the Wildlife, Mule Deer Seasonal Activity, and Elk Seasonal Activity maps in the Comprehensive Plan shall be subject to the provisions of this Section 4-110, Sensitive Wildlife Habitat Areas: ' a. Elk production areas. b. Elk concentration areas. C. Elk severe winter range. d. Elk migration corridors. e. Mule deer severe winter range. f. Bighorn sheep winter range. g. The nest sites of golden eagles, goshawks and red-tailed hawks. 2. Lands Not Designated on Maps. Because these maps are general maps, and because animal distribution is fluid and animal populations are dynamic, the maps are considered to be a "guides"to probable location°° 9F "Fed fla-6". All areas mapped as Language clean-up for clarity sensitive wildlife habitat shall be verified on the ground, pursuant to Section 4-110 D., 3 Wildlife Habitat Analysis. There may also be lands that function as any of the above- listed types of wildlife habitat, but are not so designated on the maps. The Town, in consultation with the Colorado Division of Wildlife, may determine that lands not designated on the maps provide any of the above-listed types of wildlife habitat and, therefore, development proposed for such lands will be subject to the provisions of this Section 4-110, Sensitive Wildlife Habitat Areas. This determination shall be made during sketch plan review for an application that is a PUD, or during preliminary plan review for an application that is a subdivision. D. Wildlife Habitat Analysis. aAn applicant Language clean-up for clarity proposing development on lands designated as sensitive wildlife habitat on the maps and for lands not so designated on the maps that are determined to be sensitive wildlife habitat shall €fst complete a site specific wildlife habitat analysis. The analysis shall evaluate the relevant physical features of the property, shall make a site specific determination of the locations of wildlife habitat on the property-and shad describe how the proposed development will comply The analysis shall be prepared and submitted by a qualified I with Section 4-110 E., Standards. T y P P wildlife biologist/ecologist or similar qualified expert, that and shall contain the following materials: Q1. Map. A map of the property shall be submitted, depicting the activity patterns of the Language clean-up for clarity wildlife using the sensitive wildlife habitat, identifying,, ;e:aa; migration routes, ' travel corridors or patterns, nesting, feeding and watering areas, riparian areas, and any connections or relationships with habitat adjoining but outside the project site. 2. Report. A report shall he suhmi#ed that describes the activity patterns of the wildlife Language clean-up for clarity using the habitat and identifies any species that use the property that are listed by the U.S. Department of the Interior or the State of Colorado as endangered, threatened, or species of special concern. The report shall also evaluate the potential impacts of the proposed development on the sensitive wildlife habitat and the species using that habitat. 3. Mitigation and Enhancement Plan. If the applicant proposes development within any of the sensitive wildlife habitat areas listed above, then the applicant shall submit a wildlife habitat mitigation and enhancement plan that describes how the proposed development will comply with Section 4-110 F., Wildlife Mitigation and Enhancement Standards, providing detail regarding the wildlife mitigation and enhancement techniques that will be employed. The plan shall include schedules for the applicant to report to the Town Council on 4 progress and shall include provisions to ensure both implementation and monitoring of Language clean-up for clarity the plan by the applicant. As applicable, the report shall refer to any other wildlife enhancement or management plan that haeve been approved by the Town for this or other properties that would affect this property, to ensure consistency between previously approved and newly proposed mitigation and enhancement measures. E. General Standard. Development shall be prohibited in elk production areas, elk concentration areas, elk severe winter range, elk migration corridors, mule deer severe winter range, bighorn sheep winter range, and the buffer areas surrounding the nest sites of golden eagles, goshawks and red-tailed hawks. However, development may be considered within these areas if at least three-quarters (3/4) of the members of the Town Council present and voting adopt a resolution authorizing consideration of some development in such areas. 1. Resolution. The resolution shall direct the developer to formulate and present to the ' Town Council a proposed wildlife mitigation and enhancement plan for such areas, prepared pursuant to the requirements of Section 4-110 D.3., Mitigation and Enhancement Plan. However, such direction to the developer by the Town Council shall not constitute a decision to authorize development in such areas. ' 2. Ordinance. To authorize any development in such areas, the Town Council shall then adopt an ordinance, approved by at least three-quarters (3/4) of the members of the Town Council present and voting, identifying the reasons why the development is unable to avoid the habitat areas. Considering this finding, the ordinance shall then define the nature and the extent of the development that will be allowed, taking into account the wildlife habitat analysis and wildlife mitigation and enhancement plan. The ordinance shall also include findings that the development complies with Section 4-110 F., Wildlife Mitigation and Enhancement Standards. F. Wildlife Mitigation and Enhancement Standards. Development proposed within any of the above-listed sensitive wildlife habitat areas shall comply with the following standards: 1. Elk, Mule Deer, and Bighorn Sheep Habitat Areas. a. Location. The proposed development shall be sensitively located in relation to elk, mule deer or bighorn sheep habitat areas. This shall include locating development so it does not: (1) force elk to use new migration corridors or expose them to significantly increased predation, interaction with vehicles, intense human activity, or more severe topography or climate; or(2) encircle elk, mule deer or bighorn sheep habitat with development. 5 b. Not Generate Excessive Intrusion. The proposed development shall not generate excessive human intrusion during periods when elk, mule deer, or bighorn sheep use the area. When appropriate, the development proposal shall include techniques to minimize human intrusion, including: (1) visual and sound buffers, to screen structures and activity areas from habitat areas through effective use of topography, vegetation and similar measures; and (2) seasonal limitations on, or stoppages of, intrusive human activities during sensitive time periods, such as when elk migration or elk calving is occurring. C. Maintain Native Vegetation. The proposed development shall be designed to maintain large patches of native vegetation intact, so as to preserve areas that supply food or cover for wildlife. This shall include, but not be limited to, locating roads on the edge of habitat areas, so as to prevent fragmentation of habitat. When development removes native vegetation within habitat areas, a mitigation plan shall be devised that replaces it with vegetation that is equivalent in type and quantity. Disturbed areas shall be re-vegetated no later than the next growing season with native browse species with high food value, especially heavy seed, berry and fruit producing species. I d. Enhancement. Where replacement of vegetation is not feasible, then the applicant shall commit to ongoing on- site or off-site wildlife habitat enhancement. Enhancement is the process of increasing wildlife carrying capacity on undisturbed habitat to replace the lost wildlife carrying capacity on habitats impacted, disturbed and/or destroyed by development. Enhancement can take many forms, including, but not limited to, prescribed burns, seeding, brush cutting and fertilization, as determined to be appropriate by the Town, based upon the advice of the Colorado ' Division of Wildlife. Enhancement shall be authorized for the following habitat types at the following ratios: (1) Severe Winter Ranges. Eight (8) acres of enhanced habitat shall be provided for every one (1) acre of disturbed elk or mule deer severe winter range. (2) Concentration Areas and Winter Range. Five (5) acres of enhanced habitat shall be provided for every one (1) acre of disturbed elk concentration area or bighorn sheep winter range. e. Preserve Watering Areas. The proposed development shall preserve water holes, springs, seepages, marshes, ponds and other watering areas to the maximum extent possible. f. Dogs Prohibited. Dogs shall be prohibited within or adjacent to elk production areas, elk concentration areas, elk severe winter range, mule deer severe winter range and bighorn sheep winter range, except for dogs working as part of a bona fide agricultural operation. Dogs shall be kenneled within one-quarter (1/4) mile of an elk migration corridor during the periods of May 1 to June 20, and October 1 to 31. g. Nuisances. The development shall not allow excessive lighting, noise or similar nuisances that could have a significant adverse affect on the continued use of the area by wildlife. 6 h. Fences. Applicants should not fence the perimeter of their property. Any fences that are permitted shall be designed so that they do not adversely affect the movement of wildlife, including, at a minimum, compliance with the following standards: (1) Height. Fences shall not exceed forty-two inches (42") in height. (2) Materials. Wire fences shall be limited to a maximum of four (4) strands and shall not be made of woven wire. Rail fences shall be limited to three (3) rails and shall only use rounded rails. Wire and rail fences shall have a kickspace (distance between the top two [21 wires or rails) of not less than twelve inches (12"). (3) Removable Sections. Fences in migration corridors shall have removable sections or openings to allow for seasonal passage of wildlife. It shall be the applicant's responsibility to remove fence sections when migration is occurring. (4) Existing Fences. Applicants proposing development within sensitive wildlife habitat areas shall, as a condition of development approval, agree to remove or to alter any existing fences on the property to comply with the above provisions. (5) Fences Around Residences. Fences located in the immediate vicinity of a dwelling unit shall be exempt W from these limitations. ' I. Retaining Walls. If a retaining wall is planned within a migration corridor, it shall be designed to permit passage of wildlife. This may include limiting the height of the wall to less than six feet (6) for any wall that is in,excess of twenty-five feet (25) in length, or designing the wall so that it steps up in sections, so wildlife can climb over the wall. j. Trail Management. The proposed development shall not include trails that cannot be managed, including closure by the applicant during critical wildlife use periods. k. Construction Management Plan. The proposed development shall be subject to a construction management plan that limits construction activity to acceptable levels during sensitive wildlife use periods. I. Access. Access shall be provided by the applicant to CDOW personnel and Town staff to assist in the implementation and enforcement of wildlife mitigation and enhancement plans and to monitor wildlife activities. 2. Nest Sites. a. Buffer. No development shall occur within a radius of three hundred feet (300') of a golden eagle nest site or within a radius of one-hundred feet (100') of a goshawk or red-tailed hawk nest site. b. Limitations. If development is permitted to occur within or adjacent to the buffer area, it shall be designed to ensure there is no disturbance to the nest site between December 1 and June 1 and to ensure the eagle or hawk's prey base in the vicinity of the nest is maintained. The development shall also be designed to retain tall, overly mature and standing dead trees that provide nesting or perching habitat for eagles and hawks. SECTION 4-120 BRUSH CREEK IMPACT AREA A. Establishment of Brush Creek Impact Area. The Environmental Sensitivity Map in the Town's Comprehensive Plan identifies the Brush Creek Impact Area as an area that is sensitive to the environmental impacts of development. The Comprehensive Plan designates this area as an important environmental resource area for its aesthetic features, riparian habitat, wetlands and hydrological values. This section establishes the Brush Creek Impact Area as an environmentally sensitive area and provides standards for development proposed within this area. B. Applicability. The provisions of this Section 4-120 shall apply to any development proposed within the areas described in Section 4-120 C., Maps Incorporated. C. Map Incorporated. The Brush Creek Impact Area, as depicted on the Environmental Sensitivity Map in the Town's Comprehensive Plan, is hereby incorporated in this Code by reference. A copy of the Environmental Sensitivity Map is available for public review in the Building and Planning Department during normal business hours. 1. Purpose of Map. The Environmental Sensitivity Map is a general map that identifies the locations of lands whose development would impact Brush Creek and its associated riparian habitat and wetlands. Its purpose is identify those ` lands that are subject to the provisions of this Section 4-120. ot 2. Lands Outside of Brush Creek Impact Area. Because the Environmental Sensitivity Map Language clean-up for clarity is a general map, the map should be considered to be a "guide" ^— '' Lands ' mapped within this area shall be verified on the ground, pursuant to Section 4-120 D., Brush Creek Impact Report. There may also be lands located outside of the boundaries of the Brush Creek Impact Area whose development would impact Brush Creek and its associated riparian habitat and wetlands. The Town, in consultation with appropriate governmental agencies or other qualified natural resource specialists, may determine that the proposed development of such lands outside of (but in close proximity to) the boundaries of the Brush Creek Impact Area will also be subject to the provisions of this Section 4-120. This determination shall be made during sketch plan review for an application that is a PUD, or during preliminary plan review for an application that is a 8 subdivision. D. Brush Creek Impact Report. Because the Environmental Sensitivity Map is a guide of red Hatt, an Language clean-up for clarity applicant proposing development on lands located within the boundaries of the Brush Creek Impact Area, or on lands located outside of the Brush Creek Impact Area whose development is determined to have the potential to impact Brush Creek and its associated riparian habitat and wetlands, shall first complete a site specific analysis of the property. The analysis shall evaluate the relevant hydrologic features, make a site specific determination of the location of riparian habitat and wetlands on the property, analyze how these areas contribute to water quality and wildlife habitat, and describe how the proposed development will comply with Section 4-120 E., Standards. The analysis shall be prepared by a natural resource specialist qualified in the appropriate disciplines, and shall contain the following materials: 1. Map. A map of the property shall be submitted that depicts the locations of riparian habitat, ' wetlands and the important hydrological features of the property in relationship to planned development areas. 2. Report. A report shall be submitted that evaluates the potential impacts of the development on Brush Creek and its associated riparian habitat and wetlands. It shall describe the activity patterns of the wildlife using the riparian area and wetlands, identifying ,�n;�aRt, Language clean-up for clarity fy� g ... ,,.,, breeding areas, nesting areas, watering areas and movement or travel corridors. It shall also identify any species that use the land that are listed by the State of Colorado as endangered, threatened, or species of special concern. The report shall also describe the current hydrologic conditions associated with the property and provide an evaluation of the potential impacts of the proposed development on water quality, the water cycle and the stream channel. Finally, the report shall describe how the proposed development will comply with Section 4-120 E., Standards, including proposed wildlife and water quality mitigation and enhancement measures. E. Standards. Development subject to the provisions of this Section shall comply with the following standards. 1. Setback. Development shall not take place within the stream channel and shall not alter the channel of Brush Creek or its capacity, except as expressly permitted herein. Development Language clean-up for clarity shall be set back a minimum of twenty-five feet (25'), measured horizontally from the outer edge of any riparian or wetland areas that are subject to the provisions of this Section 4-110, Brush Creek Impact Area. Development shall also comply with the provisions of Section 4- 130, FloodDlain and Wetland Areas, with regard to the location of development in relation to 9 one-hundred (100) year floodplains and jurisdictional wetlands, including establishment of a larger setback, if necessary to ensure compliance with federal and local regulations. a. Exception for Water-Dependent Structures. Recreation access sites, irrigation devices, water diversion facilities, erosion control devices, and similar water-dependent structures may be permitted within this setback, provided any other applicable federal, state and local permits have been obtained, and the installation will comply with all other applicable standards of this Section. b. Exception for Other Necessary Structures. Underground utilities, roads, trails, bridges and similar facilities may be permitted within this setback when the applicant demonstrates that: (1) it is necessary and appropriate to locate the structures outside of the setback; (2) any other applicable federal, state and local permits have been obtained; and (3)the installation will comply with all other applicable standards of this Section, including submission of a plan for restoration of disturbed areas, pursuant to Section 4-120 D.2.b., Restoration Plan. C. Exception for Stream Restoration. Where the natural channel has previously been altered, efforts may be I undertaken to restore the channel to its natural state or to enhance aquatic conditions within the stream. Where such efforts are permitted, provision shall be made for the following: (1) Fish Passage and Wildlife Movement. Provision shall be made to permit passage of fish and movement of wildlife through the structures. (2) Pools and Other Cover. Stream enhancement shall be undertaken to compensate for any development activities that alter existing pools, or undercut banks and other stream cover used by fish and wildlife. This shall include the creation of new pools, the placement of trees, boulders and similar submerged objects, or the installation of drop structures and deflectors, based on the subject stream conditions. (3) Stream Sedimentation. The development shall not cause stream bank erosion and sedimentation. Any lands subject to cut or fill activity shall be stabilized with erosion control mechanisms as soon after disturbance as is practical. Vegetation that is removed shall be replaced, in compliance with the provisions of Section 4-120 D.2., Vegetation Removal. d. Exception for Other Types of Development. The Town Council may authorize other types of development not listed above to occur within the setback area if at least three-quarters (3/4) of the members of the Town Council present and voting approve an ordinance, identifying the reasons why the development is unable to avoid the setback area. 2. Vegetation Removal. Development subject to the provisions of this Section shall avoid or minimize the removal or loss of vegetation characteristic of the riparian area, paying particular attention to soil-binding stream bank vegetation. 10 Vegetation removal necessary for control of noxious weeds, as defined by the Colorado Cooperative Extension Service, shall be permitted. a. Erosion Control. If vegetation is removed, or if soil is otherwise subject to erosion, then best management practices for the control of erosion shall be instituted during construction to protect water quality. Engineered steam bank stabilization practices, such as exposed rip-rap, shall be avoided wherever possible, and shall be limited to locations where more natural techniques cannot practically be utilized. b. Restoration Plan. A restoration plan shall be prepared for the site, ensuring that vegetation which is removed is replaced on-site within the next growing season. 1. Type of Vegetation. Replacement vegetation shall be limited to native species that are typically found in riparian habitat and wetlands. Replacement vegetation shall be equivalent in type, quality and function to that removed because of development. 2. Amount of Vegetation. Vegetation should be replaced at a ratio of one to one (1:1), measured in terms of foliage mass and tree caliper size, giving consideration to expected vegetation growth. A lesser replacement ratio may be approved if vegetation was removed for the express purpose of permitting greater ..= visibility of, or greater access to, the creek. r3. Guarantee. The Town may require the applicant to guarantee performance of the restoration plan by providing security of not less than one hundred percent (100%) of the cost of the replacement vegetation. 3. Pollutants. Development shall not introduce organic or inorganic pollutants into Brush Creek. Herbicides may be used for noxious weed control when non-chemical methods will not be practical or effective. Hazardous materials associated with any use in the Brush Creek Impact Area shall be stored and used in compliance with applicable state and federal hazardous materials regulations. Measures shall be designed and implemented to contain fuel storage areas, to prevent spilled fuels, lubricants or other hazardous materials from entering the creek during the construction or operation of any use, and to control parking lot runoff from entering the creek. 4. Water Cycle. Development shall not interfere with the water cycle that supports any riparian habitat or wetlands on the property. Water shall not be diverted from the site and no development activities shall be undertaken that would lower the v water table, or would cause the temperature of water in the creek to increase beyond the tolerance levels of trout and other aquatic habitat. SECTION 4-130. FLOOD PLAIN AND WETLAND AREAS 11 A. General Standard. No development shall be allowed that would adversely affect the quantity, quality or accessibility of the water resources of the Town or region, or which would occur at the expense of established water-dependent agricultural activities, or which would result in increased salinization of water courses, loss of minimum stream flows, diminishment of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. Development shall not be allowed to pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside the designated building envelope. B. Flood Plains. Flood plains are an extension of the stream channel cross-sections required to accommodate increased stream flow during flood periods. Their obstruction or alteration will alter stream behavior, leading to siltation, stream bank erosion and aggravated flood conditions. All development proposed in an application for PUD, subdivision or special review shall be located outside of the limits of the one hundred (100) year flood plain, as depicted on the most recent edition of the Federal Emergency Management Agency (FEMA) Flood Insurance Rates Maps for areas within the Town of Snowmass Village. An applicant for a subdivision, PUD or special review proposed in an area where there are no detailed flood elevations depicted on the FEMA maps shall be required to submit a study that identifies the limits of the one hundred (100) year flood plain on the property and to I locate all proposed development outside of the limits of that area. The study shall be prepared by a professional engineer licensed in the State of Colorado. �. Wetlands. Areas that are considered to be jurisdictional wetlands, as defined by the United States Army Corps of Engineers, 00 authorization prohibited from development unless appropriate mitigation is approved by the Corps of Engineers, by appropriate permit, or 0 authorization under Section 404 of the Clean Water Act, and by the Town Council. This prohibition shall not apply to the development of a lot subdivided prior to the effective date of this Development Code (September 2, 1998). However development of such lots shall comply with any wetlands protection and mitigation requirements that may have been applied to the property during the approval of the PUD or subdivision in which it is located. D. Land Under Water. Whenever there is proposed for development a tract of land partially under water at any time during the year, there shall be excluded from development those areas of the tract that are under water, up to the mean high water mark, except where such a requirement would prevent construction of even one (1) single family residence within the property. E. Guarantee. A guarantee must provided in the event a water course or riparian area is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity and riparian habitat on the parcel is not diminished and that no situation is created which causes additional erosion of streambanks into the watercourse. SECTION 4-140. GEOLOGIC HAZARD AREAS, STEEP SLOPES AND RIDGELINE PROTECTION AREAS A. Purpose. Steep slopes are prone to erosion and soil instability, are difficult to revegetate, and may also be subject to geologic hazards. The purpose of this section is to ensure that development does not occur on slopes that are excessively steep, unstable or hazardous. Applicants are also referred to Section 4-320, Landscaping, Grading 12 and Site Planning Standards, to ensure that development which is permitted on slopes that are more stable is done in a manner that minimizes environmental and aesthetic impacts on the Town. B. Applicability. The standards in this section shall apply to all development proposed within the Town of Snowmass Village. C. Development Prohibited in Geologic Hazard Areas. No development proposed in any SPA. PUD, subdivision or special review application shall be approved in any area that the Language clean-up for clarity Town Council finds, on the basis of competent engineering or geologic data, to be unsuitable for the proposed activity or use due to the potential harm to the public health, safety or welfare that would be posed by mud flow, rock slide, avalanche, steep or unstable slopes or soils, or other geologic hazards, features or conditions. D. Development Prohibited on Slopes Greater Than Thirty Percent (30%). No development shall be allowed on any slope greater than thirty percent (30%), except in the following circumstances: 1. Ski Area Improvements. Construction of roads, driveways, ski trails and related ski area improvements, including but f not necessarily limited to lift towers, but excluding restaurants and similar structures that are intended for human occupancy may be allowed on slopes greater than thirty percent (30%). 2. Lots Subdivided Prior to January 1, 1987. Development may be allowed on lots and within approved building envelopes containing areas of slopes greater than thirty percent (30%) if the lot was subdivided prior to January 1, 1987. 3. Man-Made Slopes. Development may be permitted on slopes greater than thirty percent (30%) that are the result of minor man-made cutting or filling of an otherwise continuous natural slope. 4. Other Circumstances. The Town Council may authorize development on slopes greater than thirty percent (30%) in circumstances not listed above if at least three-quarters (3/4) of the members of the Town Council present and voting approve an ordinance, identifying the reasons why the development is unable to avoid the steep slopes. 5. Engineer's Opinion. For the Town to allow development under any of the above circumstances, the applicant shall provide an opinion from a professional geotechnical engineer licensed in the State of Colorado stating that the slope is not prone to instability or failure, the proposed developed will not cause greater slope instability or increase the potential for slope failure, and that therefore, there will be no significant risk that damage to adjacent property will result from the proposed construction. If any risk to adjacent property is found, the geotechnical engineer shall describe the design considerations or construction techniques that will be incorporated within the development to mitigate the risk of damage to adjacent property from the proposed development. 13 E. Avoid Activities Which May Affect Stability 8i66eeFaged on Slopes Greater Language clean-up for clarity Than Fifteen Percent (15%). Development activities that decrease the stability of any slope that is greater than fifteen (15) percent shall be avoided disseUraged. These activities include, but are not limited to, activities that add water to a slope, activities that add weight to the top of a slope, and activities that steepen the existing grade of a slope. F. Ridgeline Protection Areas. Ridgeline protection areas are those lands which are mapped on the Ridgeline Protection Area Map. Language clean-up for clarity the Tow of the GFest of a Fudge 9F hill6ide. No development of new structures shall be permitted within a ridgeline protection area, and no new structure shall be designed or located in such a way that it will appear to penetrate above the crest of a ridgeline as seen from these areas. In addition, any existing structure that is located within a ridgeline protection area or that penetrates above the crest of a ridgeline as viewed from these areas that is demolished may only be rebuilt if its design complies with the standards of this Section F. Provided, however, that if the prohibitions of this section would prevent the development of even one (1) single family residence on a lot subdivided prior to the effective date of this Development Code (September 2, 1998), then a single family residence may be permitted, if the development complies with the standards of this Section 4-140, all other applicable standards of this Development Code, and the following standards: 1. Mass. The mass of the proposed development shall be broken into smaller forms and 4 stepped down the hill to accommodate the slope of the terrain, so as to minimize the f amount of the building that penetrates above the ridgeline. 2. Form. The form of the development (in particular, its roof form) shall replicate, parallel or compliment the natural form of the ridgeline, so it appears to be an element of that natural form. 3. Preserve Existing Trees. Existing live trees on the site shall be preserved to the maximum extent possible, so as to screen or soften the appearance of the development. Trees that must be removed shall be replaced with the same size tree that was removed. Replacement trees shall be planted, or for sites that do not contain trees, new trees shall be planted in locations that will help to screen the development. Language clean-up for clarity 4. Exterior Materials. The exterior materials of the structure, including roofs, shall be built, painted or stained to blend with the predominant colors of surrounding earth, vegetation or land features. Reflective roof materials shall not be used, unless the materials are treated to eliminate reflections. Reflective or mirrored glass shall not be used on the exterior of the structure. 14 DIVISION 4-2. IMPROVEMENTS STANDARDS SECTION 4-200. APPLICABILITY A. Minimum Requirements. Improvements standards are intended as minimum standards to further the orderly layout and use of land. These standards shall apply to all development applications for PUD, Subdivision, Subdivision Exemption, or Special Review submitted within the Town of Snowmass Village. The designer should be aware that whenever unusual or complex circumstances are anticipated in conjunction with a proposed development, additional information or analysis beyond the minimums set forth herein may be required by the Town Engineer. B. Standards Are Not Inflexible. These design standards are intended to ensure a certain level of performance, however, they are not inflexible. If an alternate design, procedure, or material can be shown to provide performance equal to or better than that established by these standards, or where it can be shown that strict compliance with these standards would cause unacceptable environmental impacts, or would result in adverse site conditions because of unusual topography, size or shape of the property, existing vegetation or other exceptional situation or condition, then the Town Engineer may recommend that the Town Council accept the alternative. The Town Engineer's evaluation shall consider whether the alternative will provide for an equivalent level of public safety and whether the alternative will be equally durable so that normally anticipated user and maintenance costs will not be increased. C. Plans Shall Be Prepared By Professional Engineer. All plans, reports and specifications for development or redevelopment of improvements addressed within this Division shall be prepared by, or under the direct supervision of, a Professional Engineer, licensed in the State of Colorado. Final public improvement plans, reports and specifications shall bear the seal and signature of the Professional Engineer responsible for their preparation. SECTION 4-210. STREETS AND RELATED IMPROVEMENTS A. General Standards. 1. Capacity Standard. Traffic generated by any proposed development shall not cause the capacity of the Town's road ' network (including in all cases Brush Creek Road) providing access to the development to be exceeded. Level of service "C" or better (as described in the Comprehensive Plan or as calculated by the Town Engineer) is hereby deemed to be the acceptable design standard for all intersection and roadway segment operations within the Town. In order to .... determine the impacts of the proposed development on the capacity of the Town's road network, the following steps shall be followed: 15 a. Trip Generation. The applicant shall determine the number of trips the project is expected to generate, pursuant to Section 5-230 H.15, Transportation Impact Analysis, and shall include that determination in the preliminary PUD application. b. Analysis of Cumulative Impact. AspaFt of his • is_: c` The applicant shall calculate the cumulative Change of responsibility impact on the Town's road network of the trips that will be generated by the applicant's project and by the other development that is planned to occur within the Town (as described in the buildout analysis in the Comprehensive Plan). Using this information, the Town Engineer shall determine whether any segment of the Town's road network or any intersection will be caused to exceed level of service "C". c. Percentage Allocation. If the Town Engineer determines that the cumulative impact of the remaining development will be to cause any segment of the Town's road network or any intersection to exceed level of service "C", then the Town Engineer shall calculate what percentage of this impact on the road network is due to the applicant's project. The method of calculation shall be subject to the approval of the Town Engineer. This shall be determined by comparing the number of trips the applicant's project is projected to generate to the number of trips that will be generated by the other development that is planned to occur within the Town (as described in the buildout analysis in the Comprehensive Plan). d. Options. The conclusions of the Town Engineer shall be considered by the Town Council, who shall then require fthe applicant to demonstrate how the development will accomplish either, or a combination of, the following options: n such as provision of Implement transportation demand management actions, p (1) Reduce Number of Trips. Imple p 9 private transit services, enhancement of public transit service, shifting of required parking to preferred locations off-site, improvement of other public parking facilities, and similar actions to reduce the development's number of projected trips below the level at which its share of the cumulative number of projected trips will cause any segment of the Town's road network or any intersection to exceed level of service "C'; or (2) Pay Fee. Pay an in-lieu fee which the Town engineer determines represents the development's share of the total cost of improvements that must be made to the Town's road network, transit facilities, and public parking facilities to ensure that the cumulative number of projected trips does not cause any segment of the Town's road network or any intersection to exceed level of service "C". (a) Use of Funds. All funds collected by the Building and Planning Department shall be deposited in a separate interest-bearing account. Monies in this account shall be used solely for the planning, 16 design and construction of new public parking spaces in locations that are consistent with the recommendations of Chapter 7 of the Comprehensive Plan, "Future Transportation Plan". (b) Refund. Any payment made for a project for which a building permit is not issued or is canceled may be refunded if a request for a refund is submitted to the Town's Finance Director by the current owner of the property. All requests for refunds shall be accompanied by a copy of the receipt issued for payment of the fee. (c). Maintenance. No development shall be approved that would increase the Town's road maintenance responsibilities beyond the Town's capabilities. Roadways shall be designed, engineered and constructed so as to minimize future maintenance costs, to alleviate visual and functional problems that occur on hillsides, and to avoid deep cuts. 3. Service and Emergency Vehicles. No development shall be approved that will create traffic hazards or that does not provide adequate access for service vehicles and emergency vehicles, including fire trucks, ambulances and police vehicles, or that is not designed to facilitate reasonable removal or storage of snow from traffic areas. 4 Security Gates No development shall be approved that will Include any attempt to Included at request of Town Physically block entrance of vehicles or pedestrians from entering the development via Council private streets or trails Physical blocks include security gates and fences. B. Street Design Standards. The following design standards apply to new and substandard streets in all developments, regardless of type or size, unless the street involved has been fully improved. No development shall be approved that includes elements that are not in compliance with these design standards, except as described in Section 4-200 B., Standards Are Not ' Inflexible, and also except that within the Open Space (OS) and Conservation (CON) zone districts only, the Town Council may authorize roads that do not meet these design standards. 1. Street Pattern. Streets shall conform to approved plans for street extensions and shall bear a logical relationship to W topography and to the location of existing planned streets in adjacent properties. 2. Standards for Road Design. Public and private streets shall meet the standards of Table 4-1, Standards for Road ' Design. 3. Dedications. Rights-of-way shall be dedicated for the entire width for all minor, local, collector and arterial streets. Private road easements may be permitted by the Town Council when problematic topography exists or low traffic volumes are expected. Private road easements will be permitted only when such roadways meet the intent of the standards Table 4-1, Standards for Road Design, and a provision for maintenance is agreed to by the developer. n 4. Half-Street Dedications. Half-street dedications shall be prohibited, unless they are for the purpose of increasing the width of an inadequate existing right-of-way. 5. Streets That End on Perimeter of Plat. When the plat dedicates a street that ends on the plat or is on the perimeter of the plat, the applicant shall convey the last foot of the street on the terminal end or outside the perimeter of the plat to the Town in fee simple, and such shall be designated by using out-lots. The Town shall put the same to public use for public road and access purposes when, within its sole and absolute discretion, it deems advisable. 6. Dead End Streets. Dead-end streets, except for cul-de-sacs, shall be prohibited unless they are designed to connect to future streets in adjacent land that has not been platted, in which case a temporary vehicular turnaround shall be required, subject to approval by the Town Engineer and the Fire Chief. 7. Reverse Curves. Reverse curves on arterial and collector street shall be joined by a tangent of at least one hundred feet (100') in length. 8. Service Access. Service access shall be provided in commercial, business and industrial areas. Q 9. Intersections. Intersections shall be ninety (90) degrees unless otherwise approved by the Town Engineer. In no case )V shall the intersection be less than sixty (60) degrees. Intersections shall have a minimum tangent of fifty feet (50') on �► each leg. The number of intersections of local streets with collector and arterial streets shall be minimized. 1 10. Intersection Grades. Intersection grades shall not exceed four percent (4%) for a minimum distance of fifty feet (50') on each leg; flatter grades are preferred. 11. Curb Return Radii. Curb return radii for street intersections shall be as follows: Arterial and Collector Streets: thirty-five feet (35') minimum, or greater if so determined by the Town Engineer. Local Streets: fifteen feet (15'). Curb return radii and corner setbacks for all other types of intersections shall be as approved by the Town Engineer. Approval shall be based upon the expected types of vehicle usage, traffic volumes and traffic patterns, using accepted engineering standards. In case of streets that are unable to adhere to ninety (90) degree angles, appropriate increases in curb return radii shall be made for the necessary turning movements. 12. Turn Lanes. Right turn bypasses or left turn lanes shall be required at the intersections when traffic conditions, as determined by the Town Council, indicate their need. The subdivider shall dedicate sufficient right-of-way to accommodate them when they are required. 18 13. Street Names. When streets are in alignment with existing streets, the new streets shall be named according to the streets with which they correspond. Streets that do not fit in to an established street-naming pattern shall be named in a manner that will not duplicate or be confused with existing street names within the Town or its environs. Street numbers shall be assigned by the Building Official, in accordance with the Town's numbering system. 14. Damage Shall Be Remedied. Any finish paving, curb, gutter, sidewalks or driveways that are installed physically above and within one (1) year of the construction of any subsurface utilities shall be installed at the risk of the subdivider, and any damage created shall be remedied in conformance with the guarantee of public improvements approved for the development. 15. Improvements Shall Conform to Specifications. All streets shall be constructed in accordance with specifications established by the Town Engineer. Any street name signs shall conform to the current Town specifications. Any required ' traffic control signs, signals or devices shall conform to the 'Town Specifications on Uniform Traffic Control Devices." 16. Monuments. Prior to paving any street, permanent range point monuments meeting the standards of Section 4-280, Survey Monuments, shall be installed to approximately finish grade. Permanent range point boxes shall be installed .t during or as soon as practicable after paving. ' 17. Street Lights. Street lights, if required, shall be placed at a maximum spacing of three hundred feet (300') and are subject to Town approval. SECTION 4-220. PUBLIC TRAILS A. General Standard. New development shall, to the greatest extent possible, incorporate features that promote non-motorized transportation alternatives such as pedestrian walkways and trails and the use of public or private mass transit systems that reduce the incentive for occupants of the development to use personal motor vehicles. In order to facilitate this standard and the goals of the Comprehensive Plan, the Town Council may require dedication of easements or right-of-way locations determined appropriate by the Town to accommodate such transportation systems. B. Trail Design Standards. The following standards apply to all public trails in the Town. 1. Standards for Trail Classifications. Public trails shall meet the standards of Table 4-2, Standards for Trail Design. 2. Clearances. a. Vertical Clearance. Minimum vertical clearance (trail surface to overhead obstructions) should be eight and one- half feet (8.5'). The desirable clearance is ten feet (10'). 19 b. Lateral Clearance. Minimum lateral clearance to static objects (parked cars, utility poles, trees, etc.) is two feet (2'). Minimum desirable lateral clearances from soft shoulders and sloped drop-offs is one and one-half feet (15). c. Handicapped Accessibility. Consideration should be given to handicapped accessibility. 3. Site Distance. Site distance is the length of route visible to the cyclist and pedestrian, including intersecting roads and driveways. Adequate sight distance shall be provided for a cyclist to stop or take evasive maneuvers. An adequate lateral view shall be available at intersection and driveway connections. 4. Horizontal Alignment. To minimize interface between cyclists and pedestrians moving in opposite directions at curves, additional pavement should be provided on the inside edge of curves. 5. Grade. With the exception of Class II unpaved trails intended for the pedestrian or equestrian, grades of four percent ' (4.0%) to five percent (5.0%) are generally desirable. The maximum grade on paved trails should not exceed eight percent (8.0%). /- 6. Drainage. To ensure that surface water and debris do not accumulate on paved trails, a two- to three-percent (2%-3%) cross pitch should be provided on Class I paved trails. A drainage ditch should be placed on the high side of the trail where a trail is cut into a hillside. 7. Materials. A Class I paved trail shall be constructed with a minimum of six inches (6") of base course and two inches (2") of asphalt. SECTION 4-230. WATER SUPPLY, SEWAGE DISPOSAL, SOLID WASTE DISPOSAL AND UTILITIES A. Water Supply and Sewage Disposal. No development shall be approved without the applicant submitting competent evidence that a water supply of adequate quantity, pressure and dependability is available to support the use intended and to provide for protection from fire, and that facilities to collect, treat and dispose of anticipated types and quantities of waste water and sewage are available or can and will be provided with suitable capacity, quality of discharge, suitable point of discharge and dependability and that any such proposed system is financially feasible. All water lines, sewer lines, fire hydrants and appurtenances shall meet the standards, specifications, rules and regulations of the applicable fire protection and water and sanitation district, or shall be as approved by the Town Engineer. B. Solid Waste Disposal. No development shall be approved without the applicant submitting a solid waste disposal plan that includes enough container capacity to accommodate three (3) times per week pickup or less. All solid waste disposal containers shall be bear-proof, conforming to the specifications for such facilities promulgated by the Colorado Division of Wildlife. 20 C. Utilities. 1. Underground Placement. All utilities shall be placed underground. Any areas excavated to place utilities underground shall be re-vegetated within one (1) growing season after installation, to stabilize and restore disturbed areas. 2. Exception. Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ventilation ducts and other facilities appurtenant to underground utilities may be placed above ground when the utility company demonstrates to the Town Engineer that the facilities cannot reasonably be placed underground. The Town Engineer shall review the location and design of such above ground appurtenances, to ensure they do not block the visibility of motorists and pedestrians, and do not hinder road maintenance and snow removal activities. Such facilities shall be landscaped to reduce their visibility and shall be maintained, including painting, so they do not become an eyesore. 3. Other Utilities. Other utilities not specifically mentioned shall be provided in accordance with the standards and regulations of the respective utility department or company. SECTION 4-240 FIRE PROTECTION A. Service By Fire Protection District. Developments shall be located and designed in a manner that enables them to be served by the Snowmass-Wildcat Fire Protection District and that complies with the adopted standards of said district. l 1. Unusual Fire Hazards. No development shall be approved that, due to design, size (including height) or building materials, could present unusual fire hazards that are beyond the fire fighting capability of the Snowmass-Wildcat Fire Protection District. 2. Location. Development shall not be located in such a way as to adversely affect the capability of the fire protection district or other public service entities to respond to fires or other non-fire emergencies in any other structure or area of the 1 Town. 3. Fire Access. Fire lanes, emergency access and fire apparatus access roads shall conform to the provisions of the Fire Code, as set forth in Chapter 18, Article VII of the Municipal Code. B. Development in Areas Subject to Wildfire Hazards. 1. Purpose. There are certain types of lands within the Town that have the potential to pose hazards to human life and safety and to property due to wildfire. The purpose of this section is to ensure that development avoids these wildfire hazard areas whenever possible. Where it is not possible for development to avoid these areas, standards are provided to reduce or minimize the potential impacts of these hazards on the occupants of the property and, as applicable, the occupants of adjacent properties. 21 2. Applicability. When the Planning Director shall determine that due to the vegetation, slopes and other factors present on a property, there is a potential for a proposed development to be threatened by moderate or severe wildfire hazards, then the Planning Director shall refer the application to the Colorado State Forest Service (CSFS) for review and comment. 3. Classification of Hazard By CSFS. CSFS shall review the application and determine whether there is a low, moderate or high degree of wildfire hazard posed to persons and property. CSFS shall consider the proposed design of the development (including the planned roads and water supply facilities and the configuration and location of lots), the topography of the site, the types and density of vegetation present, the fire protection measures proposed by the applicant, and other related factors in making its determination. 4. Recommendations By CSFS. If CSFS finds that a moderate or severe degree of severity of wildfire hazard may be posed to persons and property, CSFS shall make recommendations as to the mitigation techniques that should be incorporated in the development. These recommendations shall be based on guidelines promulgated by CSFS (see, for example, CSFS publications entitled "Wildlife Protection in the Wildland Urban Interface" and "Wildfire Safety Guidelines for Rural Homeowners") and may include, but are not limited to the following mitigation techniques: a. Locations. Recommendations to locate structures outside of severe hazard areas, off of steep slopes, and outside of draws and canyons. the density and form o f vegetation, so as to create CO b. Manipulate Vegetation. Recommendations to manipulate ty 9 defensible space buffers around proposed building envelopes, to remove hanging tree limbs near chimneys, and to establish fuelbreaks or reduce the severity of the hazard. The form and the extent of the recommended vegetation manipulation shall be based on the severity of the hazard that is found to be present. C. Structural Design. Recommendations to use non-combustible roof materials, to require pitched roofs, and to sheath, enclose or screen projections and openings above and below the roof line, as applicable. d. Water Supply. If access to a pressurized water system with fire hydrants is not provided, recommendations may be made to ensure the availability of a water supply for individual structures, in the form of access to a pond, installation of an underground water storage tank, provision of dry hydrants, or similar methods. e. Access. Recommendations to provide for separate routes of entrance and exit into a subdivision or PUD, to lay out roads so as to create fuel breaks and to ensure the adequacy of access by emergency vehicles, including the provision of regularly spaced turnouts along roadways, the establishment of adequate grades and sight distances, and the prohibition of dead end streets (but not cul-de-sacs) in the project. 22 f, Maintenance. Recommendations to keep roofs cleared of debris and to store flammable materials and firewood away from structures. 5. Compliance. The Town Council shall consider the recommendations of CSFS, and shall apply those recommendations they deem to be appropriate as conditions of development approval. SECTION 4-250. STORM DRAINAGE A. General Standard. The integrity of existing and natural drainage patterns shall be preserved in order that the aggregate of future public and private development activities will not cause storm drainage and flood water patterns to exceed the capacity of natural or constructed drainage ways, will not subject other areas to increased potential for damage by flood erosion or sedimentation, and will not pollute natural streams. New development shall provide for structures and/or detention facilities necessary to ensure that run-off characteristics of a site after development are no more disruptive to natural streams, land uses, or drainage systems than are the run-off characteristics calculated for the site's natural state. In cases where storm runoff from an upstream source passes through the subdivision, the drainage plan shall provide adequate means for maintaining the historical drainage system. B. Drainage Plan Required. A drainage plan shall be submitted as part of the development application, to include anticipated discharge volumes and general technique for conveying storm waters through the site. The drainage plan shall be prepared to meet the specifications of the Town Engineer, and shall be as approved by the Town Council. C. Reference to Water Quality Standards. Applicants are also referred to Section 4-120, Brush Creek Impact Area, and Section 4-130, Floodplain and Wetland Areas, for additional standards that are applicable to managing runoff from development sites. SECTION 4-260. EASEMENT CHARACTERISTICS A. Utility Easements. Utility easements ten feet (10') in width on each side of all rear lot lines and five feet (6) on each side of side lot lines shall be dedicated where necessary. Where the rear or side lot lines abut on property outside of the subdivision on which there are not easements at least five feet (6) in width, then the easements on the rear and side lot lines in the subdivision shall be fifteen feet (15') and ten feet (10') in width respectively. Easements often feet (10') shall be required on the inside of the ^ front lot line where necessary. B. Cul-De-Sacs. Easements twenty feet (20') in width shall be dedicated in "T" intersections and cul-de-sacs for the continuation of utilities or drainage improvements where necessary. C. Water and Sewer Easements. Water and sewer easements shall be a minimum of thirty feet (30) in width wherever possible. Easements less than thirty feet (30') wide shall be submitted to the Snowmass Water and Sanitation District for review and approval. 23 D. Planned Utility or Drainage System. Whenever a tract to be developed embraces any part of a planned utility or drainage system designated on an adopted plan, the necessary easements shall be dedicated to accommodate the plan within the tract. E. Drainage Easement. Where an irrigation ditch or channel, natural creek or stream traverses a development, an easement sufficient for drainage and to allow for maintenance of the ditch shall be dedicated. F. Trail Plan. Whenever a tract to be subdivided includes any part of a bikeway, bridle path, cross country ski trail or hiking trail designated on an adopted trail plan, twenty-foot (20') easements shall be dedicated to accommodate the plan within the tract. SECTION 4-270. SURVEY MONUMENTS A. Boundaries Shall Be Monumented. The external boundaries of all subdivisions, blocks and lots shall be monumented on the ground by reasonably permanent monuments solidly embedded in the ground. These monuments shall be set not more than f one thousand four hundred feet (1,400') apart along any straight boundary line, at all angle points, and at the beginning, end and points of change of direction or change of radius of any curve boundaries. Comply With C.R.S. All monuments shall be set in accordance with the provisions of Section 38-51-101, C.R.S., unless otherwise provided for in this Development Code. Range Points and Boxes. Range points and boxes shall be set on the centerline of the street rights-of-way unless designated otherwise. DIVISION 4-3. SITE DESIGN STANDARDS SECTION 4-300. PURPOSE This Division establishes d standards for the design of development sites, including standards for off- Language clean-up for clarity street parking, landscaping, grading, outdoor storage, and energy conservation. SECTION 4-310. OFF-STREET PARKING STANDARDS A. Applicability. The standards of this section shall apply to all development, including development of new uses, expansion of existing uses and the change of use of land or structures. Responsibility for complying with these standards rests with the owner of the property. 24 1. Uses Established After Effective Date. For all uses established or placed into operation after the effective date of this Development Code (September 2, 1998), there shall be provided that number of off-street parking spaces as specified in this Section. 2. Uses Established Prior to Effective Date. For land, structures or uses established or placed into operation prior to the effective date of this Development Code (September 2, 1998), the number of existing off-street parking spaces shall not be reduced below the minimum number of existing spaces required herein. If such land area, structure or use is enlarged or expanded, there shall be provided at least the additional number of off-street parking spaces that is required by this Section. B. Minimum Parking Required. All uses shall be required to provide that number of parking spaces that complies with the standards set forth in Table 4-3, Minimum Off-Street Parking Standards for Each Zone District, unless a reduction in that number is approved pursuant to Section 4-310 C., Reduction of Required Parking. Where any calculation of the number of required off- street parking spaces results in a fractional space being required, such fraction shall be rounded up to the next higher number of spaces. C. Reduction of Required Parking. 1. Shared Parking. Off-street parking facilities for separate uses may be provided collectively, if the total number of spaces provided is not less than the sum of the separate requirements of each such use. However, no parking space or portion thereof shall serve as the required space for more than a single use, unless the Town specifically authorizes a shared parking arrangement. In order to obtain approval of a shared parking arrangement, the applicant shall be required to 1 show that the peak use period for the uses will not overlap with one another, that the uses are located on the same or adjoining sites, and that the total number of spaces that would be required for all uses has not been reduced by more than twenty percent (20%). ... 2. Alternative Parking Plan. The Comprehensive Plan recommends that day skier parking be reduced west of the i Woodbridge pedestrian bridge and be increased east of that bridge. In order to accomplish this recommendation, applicants proposing development that will be located west of said pedestrian bridge may propose to develop fewer spaces on-site than would be required by Table 4-3, Minimum Off-Street Parking Standards for Each Zone District. For the number of required parking spaces to be reduced, the applicant shall comply with one (1), or a combination, of the following options: a. Create Parking in Desired Location. The applicant may develop that parking which would have been required on-site in a location that is consistent with the recommendations of Chapter 8 of the Comprehensive Plan, "Future Transportation Plan". The Town may place appropriate limitations on the approval of the development to ensure the off-site spaces are available for use by the public no later than the time the development receives its certificate of occupancy; or 2s b. Offer Options to Automobile Usage. The applicant may commit to offering transportation options to residents, visitors or guests of the development that will reduce or eliminate the need for parking on-site. Such options may include provision of limousine or van services, payment for enhanced transit services by the Town or RFTA, purchase of transit passes for employees, and similar approaches; or C. Contribute Cash-in-Lieu. The applicant may make a one-time cash payment to the Town, in the amount of $25,000 per space. Approval of the payment-in-lieu shall be at the option of the Town Council. 1. Payment Due at Building Permit. The payment shall be due and payable at the time of the issuance of a building permit. 2. Use of Funds. All funds collected by the Building and Planning Department shall be deposited in a ' separate interest-bearing account. Monies in this account shall be used solely for the planning, design and construction of new public parking spaces in locations that are consistent with the recommendations of Chapter 8 of the Comprehensive Plan, "Future Transportation Plan". 3. Refund. Any payment made for a project for which a building permit is not issued or is canceled may be refunded if a request for a refund is submitted to the Town's Finance Director by the current owner of the property. All requests for refunds shall be accompanied by a copy of the receipt issued for payment of the 1 fee. 4. Review of Fee Schedule. In order to ensure that the payment-in-lieu schedule is fair and represents current cost levels, it shall be reviewed within two (2) years of its effective date, and every two (2) years thereafter. Any necessary amendments to this section shall be initiated by the Town Council to address the results of the review. D. Characteristics of Required Off-Street Parking. 1. Minimum Dimensions. Each off-street parking space shall consist of an open area measuring at least nine feet (9') wide by nineteen feet (19') long, with a minimum vertical clearance of seven feet (T) in height. 2. Surface Treatment. Off-street parking spaces shall be paved with a durable all-weather surface or be covered with gravel, and shall be maintained in a usable condition at all times. Paved surfaces shall be striped to demarcate the parking spaces and shall be graded for proper drainage. 26 3. Unobstructed Access. Excepting parking for single family and two-family residences (see 4 below), Each parking space shall have unobstructed access to a street, driveway or aisle. Off-street parking lots shall be provided with entrances and exits that are located to provide safe and efficient means of vehicular access to such parking spaces, to minimize traffic congestion and hazards, and to not interfere with roadway and roadside ditches and drainage. 4. Parking For Residences. Parking areas provided for single-family detached and Allows tandem parking in front of two-family and single family a#aGhed FesideRGeG may consist of garage area, parking garages in one and two unit strip or apron. Outdoor parking spaces are allowed to be arranged tandem to residential buildings. enclosed parking spaces. 5. Lighting. Lighting facilities, if provided, shall be arranged so that lights neither unreasonably disturb occupants of adjacent properties nor interfere with driver vision. Light sources shall be shielded from sight and shall be arranged to prevent direct light from spilling over onto adjacent residential uses. The maximum height of any light pole shall be twenty feet (20'). Poles of a lower height, that are more compatible in scale with pedestrians, are encouraged. E. Prohibited Uses of Parking Spaces. Required parking spaces shall be available for the parking of operable passenger vehicles of residents, guests, customers, patrons and employees of the use for which they are required. Prohibited uses of required parking spaces shall be as follows: 1. Vehicle Sale or Repair. Required off-street parking spaces shall not be used for the sale, repair, dismantling or service of any vehicle, equipment, materials or supplies, nor shall any such activity adjacent to an off-street parking space obstruct required access to off-street parking spaces. 2. Storage. Required off-street parking spaces shall not be used for storage of earth-moving machines, trailers, motor homes, or construction-related or similar heavy equipment. F. Parking Lot Design. 1. Minimum Dimensions. The minimum dimensions for parking spaces, rows and aisles, based on one (1) way movement, are listed in Table 4-4, Minimum Dimensions for Parking Design and are depicted in the illustrations that follow. The letters shown in the columns in the table correspond to the letters depicted on the illustrations The minimum aisle width, based on two (2) way movement, shall be twenty-two feet (22'). 2. Setbacks and Snow Storage. Setbacks a minimum of eight feet (8') in width shall be required on each side of any parking lot, except in an area immediately adjoining the building which the parking serves. Where any parking lot directly adjoins a building, approved barriers shall be installed to prevent vehicles from striking the building. Parking lot setbacks and other portions of the lot not used for required parking may be used for purposes of snow storage. Adequate drainage 27 shall be provided for the snow storage area, to ensure snow melt does not drain onto adjacent property. Snow shall not be stored within required parking spaces, except on an emergency basis for a period not to exceed forty-eight (48) hours. 3. Handicapped Parking. Any use requiring handicapped access, as defined in Chapter 18 of the Municipal Code, and having fifteen (15) or more parking spaces, shall provide one (1) of every fifteen (15) spaces for use only by physically handicapped persons. a. Minimum Width. Parking spaces for physically handicapped persons shall have a minimum stall width of twelve feet (12'), unless the space is parallel to a pedestrian walk, in which case the width may be a minimum of nine feet (9.0'). b. Sign. All spaces reserved for physically handicapped persons shall have a raised standard identification sign. The identification sign shall be twelve inches by eighteen inches (12" x 18"), with a height not to exceed seven feet (7'). The standard colors of the sign shall be white on blue. C. Location. Parking spaces reserved for physically handicapped persons shall be located as close to the use's entrance as is reasonably possible. (" 4. Parking Lot Landscaping. All off-street parking lots that contain fifteen (15) or more parking spaces (except for W enclosed or sub-grade parking structures) shall have a minimum of ten percent (10%) of the area of the parking lot covered with landscaping. Landscaping shall be provided in at least the following forms: ' a. Islands or Medians. Landscaped islands or medians with raised curbs shall be provided within the interior of the lot. These shall be used to define parking lot entrances, the ends of parking aisles and the location of access drives, and to provide safe areas for pedestrian. b. Perimeter Landscaping. Landscaping shall be provided in the setbacks around the perimeter of any lot that is located adjacent to a street right-of-way or a residential area. The landscaping shall be used to screen the lot from the adjacent road or structures, and may consist of plant material, a berm, or a wall, or combination thereof. The screen shall be of sufficient height and opacity to block the light from vehicle headlights. A minimum of one (1) tree shall also be planted for every twenty-five linear feet (25') of the perimeter of the lot. 5. Pedestrian Circulation. Safe and efficient pedestrian circulation paths shall be provided between required parking areas and the entry to the building(s) on the site. Whenever possible, pedestrians and vehicles shall be separated through provision of a sidewalk or walkway. Where complete separation of pedestrians and vehicles is not feasible, potential hazards shall be minimized by using landscaping, bollards, special paving and similar means to clearly delineate the pedestrian areas. 28 SECTION 4-320. LANDSCAPING, GRADING AND OTHER DESIGN STANDARDS A. Landscaping Standards. 1. Preserve Existing Vegetation. Existing vegetation and live trees shall be preserved-4e the 4ent possible, so as to: (a) reduce the potential for erosion and Puts control into Town's hands to determine if live tress can be preserved sedimentation from development; (b) screen or soften the appearance of development; or not. and (c) buffer uses from one another. Existing vegetation and trees that are removed shall be replaced with appropriate, same size plantings and shall be supplemented with additional plantings that help to screen the development, cover exposed areas, and hold soil in place. 2. Standards for New Plantings. All plants used for landscaping shall be compatible with the local climate and the soils, drainage and water conditions of the site. Wherever possible, native varieties shall be used. When planting occurs on hillsides, slopes, drainageways or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and spatial distribution patterns. Evergreen shrubs should be planted in clusters to maximize their chance for survival. When appropriate, landscaping should use drought-resistant varieties, employ xeriscape design principles and promote water conservation. Provision shall be made for irrigation, when necessary, to ensure survival of the plants. 3. Landscaping of Multi-Family and Non-Residential Development. All portions of lots containing multifamily dwellings and non-residential development that are not covered by impervious materials shall be landscaped with grass, ground ' cover, shrubs or similar landscape treatments. A mix of deciduous and evergreen trees and shrubs shall also be planted to effectively buffer proposed non-residential uses from adjacent residential uses and to provide a buffer between such uses and surrounding collector and arterial streets. 4. Landscaping of Parking Areas. Standards for landscaping of parking areas are provided in Section 4-310 F.4., Parkin Lot Landscaping. B. Grading Standards. All development shall comply with the following standards. Mass Grading. Mass grading that removes existing vegetation and leaves large areas of soil exposed shall be properly 1. 9 9 9 managed to control erosion. When significant portions of a site are to be disturbed, the Town may require grading activities to be phased, so disturbed areas can be stabilized. The Town may also require topsoil to be stockpiled, for re- use on areas requiring re-vegetation and landscaping. 2. Limitations on Site Disturbance. Cuts, fills, grading, excavation, vegetation removal and building construction shall be confined to designated building envelopes, except as permitted pursuant to Section 3-160, Construction in Required 29 Setbacks, and except for site disturbance necessary to install and maintain utilities, roadways, trails, irrigation ditches, fences and trees and similar plant material. Material excavated from the building envelope may be stockpiled outside of the building envelope for later use on the property. a. Earth Berm Outside Building Envelope. Where site disturbance is proposed to create an earth berm outside of a designated building envelope, the applicant shall demonstrate that the berm: (1) has been blended into the natural topography to the greatest extent possible; (2) will not exceed a fifty percent (50%) slope (one foot (1') vertical to two feet (2') horizontal); (3) will not obstruct sight visibility at road or driveway intersections or create other safety hazards; and (4)will not adversely affect Town snow removal operations. b. Administrative Modification. An administrative modification may be required, pursuant to Section 5-260, Administrative Modifications, if the Planning Director determines that any berm located outside the building envelope does not satisfy the above criteria. 3. Mark Envelope. Prior to the commencement of site disturbance, the applicant shall Language revised for clari ty visibly mark the extent of the designated building envelop using a ` ^' °`"'i'aF ' FaeanG. The applicant shall maintain said marking in place throughout the duration of construction. Relocation or removal of the marking without the prior approval of the Town shall be considered a violation of this Code. 4. Restoration of Disturbed Areas. Disturbed areas shall be restored as undulating, natural-appearing landforms, with curves that blend in with adjacent undisturbed ' slopes. Abrupt angular transitions and linear slopes shall be avoided. As necessary, cuts and fills shall be supported by retaining walls, made of wood, stone, vegetation or other materials that blend with the natural landscape. Areas disturbed by grading shall be contoured so they can be re-vegetated and shall be re-vegetated within one (1) growing season after construction, using native species similar to those growing on the site. 5. Design Shall Fit Natural Topography and Site Conditions Site. Proposed structures shall be located and designed to fit the site's natural topography and site conditions, rather than adjusting the topography and site conditions site-to fit the structure. For example, instead of creating a flat bench or terrace for a building platform on a sloping Language revised for clarity site, the structure should instead be stepped up or down the slope. Roads and driveways shall follow the contours of the natural terrain. C. Outdoor Storage of Materials, Equipment and Vehicles. Unless otherwise determined by the Town Council, all commercial materials and equipment, including snow grooming 30 equipment, stored outside for a period of time exceeding fifteen (15) days, during which time said materials or equipment remain unused, shall be fenced or screened in a manner that it is not visible from an adjacent street or property. Such fences or screening shall be a minimum of eight feet (8') high from grade, unless the Planning Director shall determine that a fence or screen of lesser height be found to meet the intent of this subsection. All fences shall be of sound construction and shall have not more than ten percent (10%) open area. All other unlicensed, inoperable or dismantled vehicles and parts shall be contained within an enclosed structure. The outside storage of materials, equipment or vehicles which: (1) are not customarily found in association or connection with the principal permitted use of the property, (2) alter the essential character of the surrounding neighborhood, or (3) adversely affect public welfare, is prohibited. D. Regulations For Ski Lifts. No development shall be approved in proximity to an existing or proposed ski lift unless said development complies with all applicable regulations governing said ski lift. E. Quality of Skiing. No development shall be approved that adversely affects the quality of skiing at the Snowmass Ski Area, including the distribution of skiers on the mountain and access to the ski area. F. Access to Public Lands. New development shall not result in loss or significant limitation of existing access to public lands. G. Historical or Archaeological Sites. No development shall be approved which would result in the destruction or significant alteration of any sites 'or structures that have been determined by the Town Council to have historical or archaeological significance to the Town, the region or the State. H. Construction Management. No PUD amended PUD, or subdivision development shall Language revised for clarity be approved unless a construction management plan has been submitted to and approved by the Town Council or the Planning Director where final approval is administrative. The number of residential units and the amount of commercial space that can be under construction at any one (1) time shall be subject to reasonable limitation in 0 order to minimize disruption to normal business activities, disturbance to the peace and quiet of residential neighborhoods, interference with vehicular and pedestrian movement, and/or damage to public roads, utilities and facilities, without unnecessarily interfering with the anticipated development activity. The extent of any such limitations shall be determined in the review and approval of each development project and shall be set forth in a construction management plan to be approved therewith. SECTION 4-330 ENERGY CONSERVATION A. General Standard. Energy conservation shall be promoted and maximum advantage taken of solar and alternative energy source opportunities. To achieve this purpose, applications for subdivision, planned unit development or special review shall contain an energy conservation plan, which shall optimize the planning and utilization of all possible energy conservation features in proposed new construction without reducing the percentage of authorized buildable lot area or density allowed by the 31 existing zoning. Failure to submit a satisfactory energy conservation plan which complies with the provisions of this section shall constitute grounds for denial of the application. B. Contents of Energy Conservation Plan. A energy conservation plan shall contain the following materials: 1. Map. A map showing the orientation and placement of the building or buildings in relation to topography, vegetation, other structures, and all other factors affecting solar access, so as to optimize sunlight access sufficient to take advantage of solar energy systems in as many buildings as is possible. Detailed information shall also be provided identifying and indicating the number of structures that shall have four (4) full hours of direct sunlight between the hours of 10:00 a.m. and 2:00 p.m. 2. Shadow Study. Evidence that the proposed structures are sited to provide sufficient year-round solar access to a south wall or a south roof, including a shadow study, for major structures that may create shadow on other structures or ' roadways. Shadow studies shall be based on a thirty-percent (30%) sun angle at 9:00 a.m., 12:00 noon and 3:00 p.m. 3. Passive or Active Techniques Proposed. A detailed description, including both text and map, of the specific passive or active heating and cooling techniques being utilized, including but not limited to building configuration, window exposure, "Waft grading, landscaping, interior and exterior passive and active solar energy features, and attention to elimination or 1 impairment of solar access to possible adjacent building sites. This description should also include an energy utilization analysis in relation to snowmelt areas, heating systems, swimming pools, saunas, Jacuzzis and other significant energy- consuming elements of the project and an estimate of the anticipated energy gain through the planned energy systems. SECTION 4-340 BUILDING DESIGN GUIDELINES TO PRESERVE COMMUNITY CHARACTER A. Purpose. The building design guidelines contained within this section are intended to preserve the character of the Town of Snowmass Village as a unique mountain setting, in which development is an element of the natural environment, and does not dominate those natural features. These guidelines are not intended to restrict imagination, innovation, or variety in design, but rather are intended to assist in focusing on design principles that can result in creative solutions that are consistent with the character of the Town. B. Applicability. The provisions of this Section 4-340 shall apply to any development application for PUD, amended PUD, subdivision, special review or building permit for non-residential development or Language revised for clarity redevelopment. These provisions shall not apply to development of a single-family detached dwelling unit or a two-family dwelling (duplex) on a lot subdivided prior to the effective date of this Development Code (September 2, 1998). C. Building Design Guidelines. 32 1. Site Integration. Building design shall be influenced by, and shall respond to, the natural features and mountain setting that surround the property. Structures shall be designed so they do not overwhelm the surrounding mountain environment. a. Minimize Modification. Developments should be planned to minimize the extent to which it is necessary to modify the natural terrain and natural water courses. Where earthmoving techniques are necessary, man-made forms should be soft and natural in appearance. Natural water features should be preserved and enhanced. b. Indigenous Details. Indigenous details and landscape accents, such as streams, boulders, trees and wildflowers, should be used to connect the development to natural conditions. C. Compliment Natural Landforms. New buildings should be designed to complement natural landforms, by setting them into the slope, or by reflecting the angles and shapes found in the natural landscape. Building massing should be broken up or stepped along a slope, to conform to the shape, aspect, and scale of the natural terrain. d. Signs. Interpretive information and signs should be used to draw attention to nature and mountain ecology. 1 e. Grade. Awkward changes of grade in public spaces should be avoided. Natural grade changes should be used to separate and define activity areas. The needs of disabled persons should be considered in the layout of uses and in circulation patterns, as circulation on sloping terrain can be an obstacle to the disabled. 2. Scale and Mass. Buildings shall be designed to ensure they are not perceived as being monumental in scale. ' a. Relation to Scale of Surrounding Buildings. The height and mass of new buildings should be related to the prevailing scale, form, and proportion of surrounding buildings, to avoid overwhelming or dominating the existing character of the area. b. Design Articulation. Groups of buildings should be located to avoid creating a "wall' or "row" effect. Individual buildings should incorporate offsets or projections that relieve the visual effect of a single long wall, help to articulate individual units or groups of units, and give the appearance the building is made up of a collection of smaller structures. Buildings should be sited so their longest frontages are not on their most visible sides. C. Human Scale. People spaces should respect human scale. The design should include articulated building and roof configurations; staggered roof lines; sloping roof forms with overhangs; setbacks of upper stories; variations in grade level, floor plane, and wall textures; spatial enclosure; and the use of design elements that break up the volume of space. 33 d. Screen Mechanical Equipment. The roofs of structures containing non-residential or multi-family uses should be designed to screen heating, ventilation, and mechanical equipment from view from neighboring properties and public rights-of-way. 3. Building Materials. Buildings shall be designed with natural materials and details that are indigenous to Colorado and that are non-reflective. a. Authenticity. Materials should be predominantly authentic in their appearance, with natural textures and weathering. b. Materials. The indigenous materials of the surrounding mountains should be conveyed by integrating heavy timbers, natural siding materials, and rock into the building design. 4. Climate/Solar Orientation. Buildings should be located to maximize their exposure to winter sun and natural light, and for protection from wind and temperature extremes. The sizing, height and placement of windows should take advantage of the sun's seasonal track and the intensity of solar radiation that is found in the area. 5. Views. Buildings should be oriented to take advantage of views and view corridors, and to frame views and enclose open space, but should also preserve important sight lines, overlooks, and landmarks as viewed from public roadways and other public spaces, and as viewed from neighboring developments. Buildings shall be located to comply with the provisions of Section 4-140 F., Ridgeline Protection Areas. Division 4. Standards for 80%is latest consensus direction from Town Restricted Housing council According to the Town Manager,there Sec. 16A-4-400. Purpose. remains some controversy about what the actual mitigation requirements are with these To alleviate the shortage of adequate housing for persons of low, moderate or middle income, pro revisions. Because staff believes thejob housing in locations approved by the Town Council shall be made to accommodate up to 80% of the generation rates and multiple job holding factors included in this ordinance are legally and redevelopment and their families. (Ord. 4-1998 §1) defensible, if Council is inclined to reduce or increase mitigation from the most recent 80% Sec. 16A4410. Restricted housing requirements. council direction,staff recommends reducing or increasing the percentage of o impact to be mitigated and not the iob o veneration figures or multiple iob holding factors. (b) Job Generation Rates. Job generation rates vary by the type of employment. The job generation rates tound in lable 4-0, JOD Generation Rates Per Type of Use, shall be applied to each type of use in the development at its maximum annual (peak) 34 employment impact on the community. A reduction factor taking into consideration multiple job holding averages for each type of use has been factored into the number of jobs created (multipliers are available for review in the Community Development Department). For any use not listed, the Planning Director shall determine the applicable fob generation rate by consulting recognized professional publications or studies completed for resort communities similar to the Town. TABLE 4-5 JOB GENERATION RATES PER TYPE OF USE Average number of jobs is now factored directly into job Type of Use Number of Jobs Generated generation rates in more specific ways. Commercial including general retail, 5.94 4.83 jobs per 1,000 interior square grocery, liquor, convenience feet Office 444 3.68 jobs per 1,000 interior square Job generation rates reflect feet Council's last direction which was based on updated and ' Multi-family and Fractional 0-.66 .61jobs per unit corrected 2000 RxC study. Ownership/Time Share Units Single-family/Duplex Unit up to 3500 0.34 .29 jobs per unit sq. ft. Single-family/Duplex Unit 3500 sq. ft. 4� 1.58 jobs per unit and over Hotel/Lodge 0-44 .38 jobs per room which is furnished to accommodate sleeping occupants Ski Area Restaurants—Cafeteria Style 5-50 3.59jobs per 1,000 interior square feet Restaurants 7.9 5.16 jobs per 1,000 interior square feet Ski Areas 92-6 61.95 jobs per 1,000 skiers at one time Conference Center 0.97 jobs per 1,000 interior square feet 35 Health Club 4-47 .96 jobs per 1,000 interior square (b) Ayerage NumbeF ef j9136 PeF Employee. The nwmbeF of jobs geneFated by all types ef u6es, aG detefffliRed in SUI36eGti9R (a), GpR.PratieR Rate6, shall be diyaded by eRe and three tenths (4.3), the average numbeF 9f jGbG per: empleyee, to detewAine the R' mhpr feet (c) Square Footage Per Employee. For that number of employees required to be housed in restricted housing, as determined in Subsections (a) through (c) above, the developer shall be responsible for the creation of a total square footage equal to four hundred forty-eight (448) square feet (as measured in Section 16A-3-210(b), Measuring Floor Area) for each employee to be housed. The total square footage for which the developer shall be responsible shall be provided in dwelling units whose size shall be within the range of sizes described in Subsection (e), Size Ranges of Restricted Dwelling Units. The unit mix and methods of providing housing shall be determined as described in Section 16A-4-420, Methods of Complying With Requirements. (d) Size Ranges of Restricted Dwelling Units. Table 4-6, Size Ranges of Restricted_Dwelling Units, establishes the minimum and maximum size range of restricted dwelling units, to ensure that the size of dwelling units contributed by a developer is appropriate. fAll units contributed by a developer shall meet these size limits. TABLE 4-6 SIZE RANGES OF RESTRICTED DWELLING UNITS Minimum Size (sq. ft.) Maximum Size Revised according to Council consensus Type of Unit (sq.ft.) f Studio 448 550 One-bedroom 550 750 Two-bedroom 750 1080 Three-bedroom 1150 1350 (e) Redevelopment In the case of redeveloped properties the developer shall receive a credit of 115% of the housing mitigation that would be required on the existing square footage of the building to be redeveloped If any square footage of the existing employee housing is to be removed an equal square footage of deed restricted housing shall be replaced. 36 (f) Summary of Formula. In summary, the total restricted housing square footage the developer shall provide shall be calculated in accordance with the following formula: Number of jobs generated i X 1 2448 square feet x .80 codification of/appears to be a mistake,should be mulitiplied. The total restricted housing square footage the developer shall provide for redevelopment projects shall be calculated in accordance with the following formula: (Number of total post-redevelopment jobs generated i X 448 square feet x .80) — (Existing pre-redevelopment jobs generated i X 448 square feet x 1.15) (Ord. 4-1998 §1; Ord. 11-1998 §1) Sec. 16A-4-420. Methods of complying with requirements. Restricted housing shall be provided as follows: Updated to reflect other code revisions (1) Housing shall be provided as follows: fa. During preliminary At-s� review of the project, the Town Council shall, using adopted guidelines, determine the mix and configuration of restricted units to be provided, fair and reasonable rental rates for each type of restricted unit, estimates of occupancy rates and operating budget including maintenance, aad operating and reserve expenses: and the effect of the proposed restricted units on the overall restricted housing inventory in the Town. The criteria shall be the Comprehensive Plan, ' the most recent estimations of housing needs and rental rates based on a minimum of twenty-four percent (24%) of an employee's gross annual income. The Town shall undertake a study every other year to provide estimates of average employee income and a determination of housing needs. b. Developer responsibilities. The developer shall be responsible for planning and development approvals for any housing proposed to mitigate employee impact. The developer shall provide adequate land for project and shall be responsible for the full costs of constructing of the project. Upon issuance of a certificate of occupancy, the developer shall convey the project free and clear of any monetary liens or restraints on alienation to the Town, which shall thereafter own and manage any restricted units. The developer shall warrant that the project is free of any construction defects for a period of one (1) year from the issuance of an unconditional certificate of occupancy for the project or as occupancy of individual buildings by the Town occurs, whichever first occurs. (2) Units or lots associated with a free market project. When restricted units are included in a free market project and are provided 37 for the employees of the project, such restricted units or lots shall be provided as follows: a. The units or lots shall be restricted at the same rates charged by the Town for similar size units or lots with similar amenities. If there are no comparable units, the Town and the owner shall agree on an amount which may be charged for rent, or a maximum sales price. Rental or sales prices shall be adjusted annually based on the inflation index used by Town. b. Annual notification to Town of prices. The owner shall notify the Town, on or before September 1 of each year, of the rental or sale prices to be charged in the coming year. (3) Cash-in-lieu. The Town may, at the Town Council's discretion, accept cash-in-lieu of restricted employee housing in the following instances: a. The Town Council may accept cash-in-lieu of restricted housing the development is minor in nature (such as, but not limited to, an addition to an existing structure), the Town Council may permit a developer to contribute cash-in-lieu to meet his or her entire restricted housing requirement. ' b. Costs to be included. Cash-in-lieu of employee housing shall include an amount sufficient to never and purchase land and all related planning, construction and construction management costs of the project, in current dollars, which would be incurred by the Town in order to provide the required amount of restricted housing. The amount incurred by the town is the subsidy necessary to provide housing at restricted rental or sale pricing (difference between the project's actual cost and the revenue projected from its sale or the annual net income from rents after subtracting maintenance, capital and reserve expenses over ' the term of the construction loan). (4) The Town shall grant to the developer of eae-sin le family lots restricted in a manner approved by the Town Council, employee housing credits in an amount equal to 448 square feet x the average occupancy for single family homes according to the most recent US Census statistics as determined by the Planning Director for each restricted lot created. Language revised for clarity (Ord. 4-1998 §1; Ord. 11-1998 §3) No revisions to sign code are DIVISION 4-5. SIGN STANDARDS proposed at this time. SECTION 4-500. PURPOSE The purpose of this Division is to create the framework for a comprehensive but balanced system of signs in the community. This Division is intended to serve the following purposes: A. Authorize Signs. To authorize and promote the use of signs that are: 38 1. Compatible. Compatible with their surroundings; 2. Appropriate. Appropriate to the type of activity to which they pertain; 3. Expressive. Expressive of the identity of both individual proprietors and the community as a whole; and 4. Legible. Legible in the circumstances in which they are seen. B. Promote Orderly Display. To enhance the economy and the businesses within the Town by promoting the reasonable, orderly and effective display of signs and encouraging better communication with the public. C. Preserve Open Character. To preserve the open and uncluttered feeling characteristic of the Town. SECTION 4-510. APPLICABILITY, EXEMPT SIGNS AND PROHIBITED SIGNS A. Provisions Shall Apply. The provisions of this Division shall apply to all signs located within the Town of Snowmass Village, except for those signs listed in Section 4-510 B., Exempt Signs. B. Exempt Signs. The provisions of this Division shall not apply to the following signs, nor shall the following signs be considered as a permitted sign for any business establishment. 1 1. Construction Site Signs. A sign which names the contractors, subcontractors, architects and all other related enterprises engaged in the construction on the property where the sign is located. Such signs: (a) shall not exceed twenty (20) square feet in area, and six feet (6') in height; (b) shall not be erected prior to the start of construction; and (c) shall be removed at the time of final building inspection. There shall be one (1) such freestanding on-premises signs permitted per street frontage. I 2. Development Leasing/Rental Signs. Freestanding on-premises signs which provide only leasing or sales information during a new construction phase on the property on which the sign is located. Such signs shall not exceed twenty (20) square feet in area, and six feet (6') in height, shall not be erected prior to the start of construction, and shall be removed at the time the leases and/or sales have been completed. No more than one (1) development leasing/rental sign shall be permitted per street or business frontage. 3. Informational Signs. Signs which are not more than six (6) square feet in area and which are used to direct automobile, pedestrian and/or skier traffic, or to direct parking on private property or in designated ski areas. Informational signs shall bear no advertising material. 39 4. Public Signs. Legal notices, identification, informational or directional signs erected or required by governmental bodies, or authorized by the Town for public purposes which meet the requirements of this Division, except for those provisions prohibiting said signs in the rights-of-way. 5. Public Regulatory Signs. All public regulatory signs located in the Town which meet all state requirements. 6. Real Estate Signs. Signs, other than development identification signs, which advertise the sale or rental of the real estate upon which said sign is located or which indicate that the property has been sold. Real estate signs shall not exceed three and one-half(3.5) square feet in area. Real estate signs may remain in place during the time the property is listed for sale or rent, and shall be removed no later than one (1) week after the sale or rental of the property. No more than one (1) real estate sign shall be allowed per property, except a lot with more than one (1) street front exposure may have one (1) real estate sign per street front. 7. Garage Sale or Special Event Signs. Signs which advertise garage or rummage sales or other special events shall not be displayed more than four (4) times per year for a given property, and the exposure of said signs shall only be for the duration of the event. The individual responsible for the sign shall ensure that the sign is removed on the last day of the event. These signs shall not exceed six (6) square feet in area. f 8. Interior Signs. Signs located on the interior of any building, or within an enclosed lobby of any building or group of buildings, that cannot readily be seen from the exterior of the building and are designed and located to be viewed exclusively by patrons of such use or uses. 9. Utility Signs. Signs of public utility or cable television companies which show the locations of underground facilities. 10. Street Address and Identification Signs. Signs whose content include only the name or professional title of the occupant, and address of the premises. Such signs shall not exceed two (2) square feet in area. The sign shall be limited to a wall mounted, free standing or window type sign. No more than one (1) such sign shall be permitted per premises unless physical characteristics of the site or other locational considerations preclude visibility of the street address sign from the roadway, in which case a second sign shall be permitted along the road. 11. Customer Information Signs. Customer information signs may display such items as "credit cards accepted," prices and menus. Each such sign shall not exceed four (4) square feet in area. 12. Security Signs. Signs whose content include only the name of the security company providing service to the premises. Such sign shall not exceed one (1) square foot in area. The sign may be a free standing, wall mounted, or window type sign. No more than one (1) such sign shall be permitted on the premises. 40 C. Prohibited Signs. No signs or advertising devices of any nature shall be erected or maintained on any property except as necessary to identify the business, its address or as may be necessary or desirable to give directions, advise of rules and regulations, or caution or warn of danger, and such signs as may be otherwise required by law. The following signs are strictly prohibited in the Town: 1. Flashing Signs. 2. Roof Signs. 3. Moving Signs. 4. Neon Signs. 5. Signs Advertising Home Occupations. I6. Mobile Signs. Mobile signs, except those that conform to the temporary sign provisions, that promote a business. 7. Signs That Obstruct Motorists. Signs that, by reason of size, location, content, coloring or manner of illumination, obstruct the vision of motorists or obstruct or detract from the visibility or effectiveness of any traffic sign or control device O on any road or street, as determined by the Planning Director, Public Works Director and/or Chief of Police. 8. Signs That Constitute a Hazard. Any sign or sign structure that constitutes a hazard to public health or safety, as f Police. 1 Building Official and/or Chief o determined b the B g Y 9. Signs On Trees or Public Property. Signs on trees or public property, other than public information signs that are not part of a building structure. SECTION 4-520. PERMITTED SIGNS The following types of signs shall be permitted within the Town. A. Wall Mounted, Window, Projecting, Hanging or Awning Sign. Each business shall be permitted per business frontage with an access point, either one (1) wall mounted sign, one (1) window sign, one (1) projecting sign, one (1) hanging sign, or one (1) awning sign, provided that the sign complies with the requirement of this Division. If the individual business so desires, it may construct a sign on a business frontage without an access point if it gives up the right to maintain a sign as permitted above. one 1 freestanding, on-premises sin or one (1) joint identification sign Standing or Joint Identification Sign. Either ( ) 9 P 9 , B. Free S 9 9 shall be permitted at each vehicular access point to a business or the group of businesses advertised on the sign. There shall 41 be a minimum of one hundred feet (100') between freestanding, on-premises signs of an individual business. There shall be a minimum of one hundred feet (100') between joint identification signs permitted for a group of businesses located in.the same building or building complex. In no case shall there be more than one (1) freestanding, on-premises or joint identification sign permitted at any access point. SECTION 4-530. STANDARDS APPLICABLE TO ALL SIGNS A. Material and Color. It is recognized that it is desirable to have some diversity of sign design within the Town. However, it is also desirable to assure that construction material and color schemes utilized on signs within the Town shall be consistent with the image of the community. It shall be the responsibility of the Planning Director to review sign design submitted with an application for a permit for consistency with community image. Any signs that have been found to be inconsistent by the Planning Director shall be referred to the Town Council for its review. B. Construction. 1. Structure. All sign structures shall be designed and constructed in a manner that is safe, and shall be free of any exposed extra bracing, angle iron, guy wires, cables, etc. No sign structure shall have any nails, wires or sharp metal edges protruding therefrom. 2. Wiring. The wiring of all signs shall be contained in raceways or enclosed in poles or comply with the Electrical Code as doom adopted by the Town. In no case shall the wiring be exposed to the view of the public. ' 3. Glass. Any glass forming a part of any sign shall be heavy safety glass, having a minimum thickness of one-fourth inch (0.25"). Where any single piece or pane of glass has an area exceeding three (3) square feet, it shall be wired glass. C. Illumination. All sign illumination shall be concentrated on the sign. The amount of direct light cast to areas other than the sign itself shall be minimized. There shall be no sign illumination permitted within the Town that casts a red, green or blue hue. D. Restriction By Zoning District. Signs shall be restricted by zoning districts as follows: 1. Residential Zone Districts. In the SF-4, SF-6, SF-15, SF-30, SF-150, EST, MF/PUD, DU, CON and OS zone districts, the only signs which shall be erected are those that are exempt from the provisions of this Division, pursuant to Section 4- 510 B., Exempt Signs, together with residential subdivision/complex identification signs, which shall meet all the requirements of a freestanding on-premises sign. Sign erected in these zone districts shall be located at a distance of at least ten feet (10')from any property line. 2. Commercial Zone Districts. In the MU/PUD, CC, CC/PUD, PUD or SPA zone district, only the following signs shall be erected, provided the signs are in compliance with the provisions of this Division: 42 a. Commercial Advertisement Signs. b. Institutional Signs. C. Joint Identification Signs. d. Residential Subdivision/Complex Identification Signs. e. Temporary Signs. f. Exempt Signs. All signs listed in Section 4-510 B., Exempt Signs. E. Registration. All existing signs and every sign erected after December 4, 1984, shall be registered with the Town. Owners of existing signs shall register their signs within one (1) year from December 4, 1984. Signs constructed after this date shall be considered registered upon issuance of a permit. SECTION 4-540. STANDARDS APPLICABLE TO PARTICULAR TYPES OF SIGNS A. Freestanding On-Premises Signs And Joint Identification Signs. 1. Height of Freestanding On-Premises Signs. When grade perpendicular to the road decreases, there may be up to three feet (3') of support structure at lowest grade elevation at the base of the sign allowed to get from grade at the base of a freestanding on-premises sign up to road level, up to two and one-half feet (25) of additional support to get the sign above an acceptable snow level, and then no more than two and one-half feet (25) within which the display surface shall be located. In no case shall the highest point of such a sign be more than five feet (5') above the highest grade elevation at the base of the sign. 2. Height of Joint Identification Signs. ' a. Grade Decreases. When grade perpendicular to the road decreases, there may be up to three (3) feet of support structure at the lowest grade elevation at the base of a joint identification sign allowed to get from grade at the base of the sign up to the level of the road, up to two and one-half feet (25) of additional support to get the sign above an acceptable snow level, and then no more than four and one-half feet (45) within which the display surface shall be located. In no case shall the highest point of such a sign be more than seven feet (T) above the grade of the road. 43 b. Grade is Level or Increases. When grade perpendicular to the road is level or increases, the maximum height of a joint identification sign shall be seven feet (T) above the highest grade elevation at the base of the sign. 3. Width. No freestanding on-premises sign or joint identification sign shall be more than seven feet (T) in width. 4. Display Area. The display area of a freestanding on-premises sign, including any architectural embellishments or background materials that are an integral part of the display, shall not exceed seventeen and one-half (17.5) square feet. The display area of a joint identification sign, including any architectural embellishments or background materials that are an integral part of the display, shall not exceed thirty-one and one-half (31.5) square feet. The display area shall be measured as the smallest area enclosing all wording, logos and any other architectural embellishments or background materials utilized as an attention-getting device. If the sign is three-dimensional, the display area shall be the total of each side of the sign which is visible. 5. Location. Freestanding on-premises signs and joint identification signs shall be permitted only when they are located within a landscaped area. Landscaping shall not adversely affect pedestrian or vehicular traffic. In no case shall such a f sign project into the public right-of-way unless granted a variance, or be situated near an intersection in such a manner so as to interfere with vehicular sight distance. 6. Illumination. Freestanding on-premises signs may be illuminated by indirect illumination, provided that such illumination in no way adversely affects pedestrian and/or vehicular traffic. Internal illumination may be utilized only when lettering is ' the only translucent portion of the display area and the smallest possible rectangle enclosing the translucent lettering is less than thirty percent (30%) of the total display area. Joint identification signs may be illuminated, provided that only indirect illumination shall be utilized and such illumination shall in no way adversely affect pedestrian and/or vehicular traffic. 7. Copy. The copy on any commercial joint identification sign shall list either the specific names of all businesses within a building or complex which wish to advertise on the sign, describing the general nature of the businesses in the building or complex, or it may list the name of the business together with a general description of the business. B. Wall Mounted On-Premises Signs. 1. Area and Measurement. a. Area. No wall mounted on-premises sign shall exceed six (6) square feet for any establishment having a business frontage of thirty (30) linear feet or less. For any establishment having a business frontage of more than thirty (30) linear feet, one (1) square foot of signage will be allowed for each five (5) linear feet of business frontage, up to a maximum of twenty-five (25) square feet. 44 b. Multiple Businesses Share Frontage. When two (2) or more businesses are located in the same building and share the same business frontage, they shall be limited to and may share one (1) wall mounted sign, having an area that complies with subsection 5-530 B.1.a., Area. C. Measurement. The area of all wall mounted signs shall be smallest possible area enclosing the extreme limits of the display surface. The display surface also includes any architectural embellishments or background materials that are an integral part of the display and used to differentiate the sign from its surroundings. 2. Location. a. Not Cover Major Architectural Features. A wall mounted sign shall not cover or interrupt major architectural features such as doors and windows. ' b. Projection From Wall. A wall mounted sign shall not project out more than six inches (6") from the wall on which it is mounted. C. Projection From Roof. No wall mounted sign shall project beyond the line established by that part of the roof which projects from the wall upon which the sign is mounted, nor shall it extend above the roof line. A mansard roof shall not be considered a wall. ' 3. Illumination. Wall mounted signs may be illuminated, provided that only indirect illumination shall be utilized and such illumination shall in no way adversely affect pedestrian and/or vehicular traffic. C. Awning Signs on Premises. 1. Lettering. The lettering on any awning sign shall not exceed six inches (6") in height. 2. Wording. The wording on any awning sign shall not exceed seven feet (T) in width. D. Temporary Signs. 1. Area. a. Freestanding Temporary Signs. Freestanding temporary signs shall not exceed nine (9) square feet. b. Banners. Banners or any other temporary signs hung from a building or other supports shall not be greater than three feet (3') in height by twelve feet (12') in length. 45 2. Display Limits. Temporary signs may be displayed no more than two (2) weeks prior to commencement of the event advertised and shall be promptly removed upon its termination. E. Projecting On-Premises Signs. 1. Area and Measurement. a. Area. No projecting sign shall exceed six (6) square feet. b. Measurement. The area of a projecting sign shall be the smallest possible rectangle enclosing the extreme limits of the display surface. The display surface also includes any architectural embellishments or background materials that are an integral part of the display and used to differentiate the sign from its surroundings. 2. Clearance. Signs which project more than four inches (4") over a pedestrian walkway must allow seven and one-half feet (75) of clearance between the bottom of the sign and any pedestrian walkway. 3. Illumination. Hanging signs may be illuminated, provided that only indirect lighting is utilized, and that the light source does not interfere with pedestrian or vehicular traffic. F. Window Signs. 1. Area and Measurement. a. Area. No window sign shall exceed ten percent (10%) of the area of the window in which it is placed. b. Measurement. The area of a window sign shall be the smallest possible rectangle enclosing the extreme limits of the display, which is comprised of all letters, logos or other graphic information. 2. Illumination. Window signs may be illuminated, provided that only indirect lighting is utilized and the source does not interfere with pedestrian or vehicular traffic. SECTION 4-550. PROCEDURE TO OBTAIN SIGN PERMIT A. Permit Required. It shall be unlawful for any person to erect, construct, alter or relocate any sign within the Town, other than those signs listed in Section 4-510 B., Exempt Signs, without first obtaining a permit, including signs approved in a comprehensive sign plan. Routine maintenance or changing of parts shall not be considered an alteration, provided that such change does not alter the surface dimension or height, or otherwise make the sign nonconforming. 46 B. Application Contents. Application for the permit shall be made to the Building Department and shall include the following information: 1. Identification. Name, address and telephone number of the applicant, owner and occupant of the property, and the name of the person who will erect the sign. 2. Location of Structure. Location of the structure or parcel of property on which the sign will be attached or erected. 3. Position of Sign. Position of the sign in relation to nearby buildings, structures, property lines and rights-of-way. 4. Plans. A copy of plans and specifications showing material and method of construction, illumination, electrical wiring, location and support. 5. Sketch. Sketch showing sign faces, exposed surfaces and proposed message, accurately represented in scale as to ' size, area, proportions and color. The proposed message requirement does not apply to those signs whose copy could change frequently. 6. Consent. Written consent of the owners of the building, structure or land on which the sign is to be erected. 7. Temporary Sign. On any application for a temporary sign, the applicant shall list the earliest date on which the sign may ' be established and the date on which the sign shall have been removed. 8. Fee. The application shall be accompanied by the required permit fee for each sign. The amount of such permit fee shall be determined and set by the Town Council from time to time. SECTION 4-560. COMPREHENSIVE SIGN PLAN A. Purpose. There are special circumstances within the Town that deserve flexibility from the standards prescribed in this Division, n such flexibility is in the best interest of the community. The purpose of this section is to authorize a comprehensive sign when ty plan to be submitted so as to afford such flexibility, while still meeting the purpose of this Division. B. Applicability. The Town Council may permit the utilization of comprehensive sign plans for multiple businesses located in a r two 2 or more continuous parcels, that are located on one 1 lot or parcel o ( ) P that are ( ) P single building, or for building complexes held in unified control. C. Plan Requirements. Comprehensive sign plans shall meet the following requirements: 47 1. Submission of Application. An application for a comprehensive sign plan shall be submitted to the Planning Director. The application shall include the following materials: a. Minimum Contents. The minimum contents for any application, as specified in Section 5-130 B., Minimum Contents. b. Detailed Sign Plan. A detailed sign plan with an accurate survey map or sufficient legal description describing the area in which the plan will be in effect. The plan shall include written stipulations that address all relevant concerns, including but not limited to the location of proposed signs and their size, height, color, lighting, orientation, construction material and copy. If there are signs within the plan area that will not conform to the standards described in the comprehensive sign plan, procedures and time frames for securing the removal of nonconforming signs shall be detailed. C. All Parties Must Join. All parties affected by provisions of the comprehensive sign plans must join in the application for such plans. If multiple businesses in a single building, building complexes or portions thereof are governed by a management agreement, the duly constituted representative of the management association or firm ' shall join in such plan. It is unnecessary for owners or lessees to join if said representative has joined on their behalf. 2. Staff Review. Staff review of the application shall be accomplished, as specified in Section 5-140, Staff Review of Application. 3. Planning Commission Review. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. The Planning Commission shall review the application, and shall make its recommendations to the Town Council, considering whether the comprehensive sign plan contains appropriate limitations within its plan stipulations to ensure that the sign plan will minimize its impact on surrounding land uses and is compatible with the purposes of this Division. 4. Town Council First Reading. The Planning Commission's recommendations shall be forwarded to the Town Council at a regular meeting, together with a complete copy of the application and a copy of the staffs review. The Town Council shall consider all relevant materials and shall adopt an ordinance on first reading approving the comprehensive sign plan as recommended or with modifications, or shall adopt a resolution denying the application, citing specific reasons therefor. 6. Public Hearing. Prior to second reading and final adoption of such ordinance, the Town Council shall hold a public hearing. Public notice of the hearing shall be given by publication, mailing and posting of notice, pursuant to Section 5- 150 B., Manner and Timing of Notice. The Town Council shall consider the application, any relevant support materials, the staff report, the Planning Commission's recommendation and the public testimony given at the public hearing. 48 Following closure of the public hearing, the Town Council shall either adopt the ordinance, adopt the ordinance with modifications, or deny the ordinance. 7. Amendment. Once authorized by the Town Council, a comprehensive sign plan may only be amended as follows: a. Procedure. The Planning Director shall submit notice of the requested change and all relevant material to the Planning Commission for its review and recommendation to the Town Council. b. Standards. The Planning Commission may recommend approval and the Town Council may approve the proposed change only if the following standards are met: (1) Not Adversely Affect Sign Plan. The proposed amendment will not adversely affect the development and preservation of the entire sign plan; (2) Not Adversely Affect Surrounding Uses. The proposed amendment will not adversely affect surrounding land uses; [� (3) Not Conflict With Purposes. The proposed amendment will not conflict with the purposes of this Division; and (4) Not Confer Special Benefit. The proposed amendment will not be granted solely to confer a special ` benefit upon any party. 7. Town Council Authority. Nothing in these provisions shall be construed to deny the Town Council power to require any modification of or release from any provision of the comprehensive sign plan so that the plan conforms to other Town ordinances. SECTION 4-570. NONCONFORMING SIGNS A. General. All signs existing on December 4, 1984, that do not conform to the provisions of this Article, shall be regarded as lawful nonconforming signs. 1. Exception for Comprehensive Sign Plan. Signs that are not in compliance with this Division but have been approved by the Town Council as part of a comprehensive sign plan shall not be considered nonconforming. 2. Exception for Signs Less Than Five Percent Over Maximum. All signs existing on December 7, 1984, that would be considered nonconforming by virtue of allowable measurement (square footage, height and width) shall not be considered nonconforming if the sign is less than five percent (5%)over the maximum measurement allowed. 49 B. Sign Shall Be Maintained. A lawful nonconforming sign shall be maintained in good condition but shall not be: 1. Changed. Changed in any manner to another nonconforming sign; 2. Structurally Altered. Structurally altered so as to prolong the life of the sign; 3. Expanded; 4. Re-Established After Discontinuance. Re-established after its discontinuance for thirty (30) days; 5. Moved. Moved in whole or in part to another location unless said sign is made to conform to all of the regulations of this Division; and 6. Re-Established After Damage. Re-established after damage or destruction in an amount exceeding fifty percent (50%) of its estimated initial value, as determined by the Planning Director. C. Amortization Period. It is reasonable that a time limit (amortization period) be placed upon the continuance of existing nonconforming signs. This will allow the owner to continue using a lawful nonconforming sign for a period or time, but it will also ensure that the nonconforming sign will eventually be brought into substantial uniformity with all signs permitted in the community. The following amortization schedule shall apply to all lawful nonconforming signs: 1. Nonconforming Due to Number of Signs. Any use which has signs which are nonconforming because of the number of signs on the premises shall bring the number of signs into conformity within ninety (90) days of the effective date of the ' ordinance codified herein. 2. Other Nonconformities. All other nonconforming signs shall be brought into conformance with the provisions of this Division within one (1) year of the effective date of the ordinance codified herein. SECTION 4-580. SIGN VARIANCES An application for a variance from the provisions of this Division shall be processed pursuant to the provisions of Section 5-250, Variances. Provided, however, that the application for a sign variance shall not be evaluated pursuant to the standards of Section 5- 250 C., Review Standards. Instead, the applicant shall be required to demonstrate that the proposed signage cannot be reasonably installed as provided in this Division due to unique physical characteristics of the property, its surroundings and/or the unique nature of the sign itself. Any variance granted shall be only for the minimum amount necessary to overcome the unique features. SECTION 4-590. ENFORCEMENT 50 The Planning Director shall be responsible for enforcing the provisions of this Division. Violation of the provisions of this Division shall result in punishment in accordance with the provisions of Section 1-72 of this Municipal Code. COUNCIL COMMUNIQUE Meeting Date: April 24, 2000 at 2:40 PM in a Work Session Presented By: Victoria Giannola, Planning Director; Leslie Klusmire, Assistant Town Manager; Steve Connor, Town Attorney Subject: Discussion of Ordinance No. 15, Series of 2000 —amending Article V of the Town of Snowmass Village Land Use and Development Code, which creates language changes in Section 16A-5 of the Municipal Code. Overview: 1.) Town Council requested that staff draft a series of code 1. Background amendments to Article V of the Land Use and Development 2. Issues Code. In addition, Council requested that staff re-examine the section regarding Applicability as it pertains to the 3. Alternatives resubmission of applications, and the section regarding Planned Unit Development as it pertains to Sketch Plan submittal requirements. 2.) This work session is for Council's discussion with staff on proposed amendments to Article V. Council will hold a First Reading of Ordinance No. 15 on May 3dh of 2000 and a Second Reading on June 19`h of 2000. In between the two Readings, the Planning Commission will review the proposed language amendments on June 7`h of 2000 and make a recommendation, by way of Resolution, to Town Council. 3.) Provide staff with a recommendation regarding the proposed amendments and guidance as to Council's suggested changes to the Sketch Plan process. Recommendation: Provide approval to staff to proceed with scheduling of Article V for First Reading. Revisions regarding reapplying a denied application: April 20,2000 See. 16A-1-30. Applicability. (a) General Applicability. This Land Use and Development Code shall apply to all units and agencies of the federal, state,county and municipal government, and to special districts,to the extent permitted by state and federal law. (b) Compliance Required. No building, structure or land shall be used or occupied and no development shall be undertaken, including any amendments to previously approved development, within the limits of the Town, as now and hereafter established, unless it complies with the provisions of this Land Use and Development Code,and other applicable laws and regulations. (c) Exceptions. (1) Existing structures and uses. Structures and uses existing on the effective date of this Land Use and Development Code (September 2, 1998) that do not comply with any of its applicable provisions shall be permitted to continue, subject to the provisions of Section 16A-3- 220,Nonconformities. (2) Building pen-nit applications. Any building permit application submitted prior to the effective date of this Land Use and Development Code (September 2, 1998) may be processed according to the provisions of the Municipal Code in effect at the time the application was submitted, so long as the building permit remains valid, pursuant to Chapter 18 of the Municipal Code. (3) Developments having vested rights. Any development that shall have established vested rights,pursuant to Section 16.29,Vested Property Rights,of the Municipal Code in effect prior to the effective date of this Land Use and Development Code(September 2, 1998), shall remain so vested for the period for which the vested rights were established. (4) Voluntary compliance. Notwithstanding the provisions of this Section, any applicant may request to have a development application or a building permit application reviewed pursuant to the procedures and standards of this Land Use and Development Code. (Ord. 4-1998 §1) (d) Denied Applications Any application made for any action under Chapter 16A which is denied by the deciding board may not reapply with the same proposal for a period of one year from the date of the final denial of the application. AGENDA DATE: 04/21/2000 1'0: TOWN COUNCIL CC: GARY SUTTER,CRAIG THOMPSON,LESLIE KLUSMIRE,STEVE CONNOR FROM: VICTORIA GIANNOLA,PLANNING DIRECTOR RF LAND USE CODE AMENDMENTS TO ARTICEL V Topics to be discussed with Town Council regarding amendments to Article V's Sketch Plan submittal requirements: 1. Mass and Scale— 2. Architectural- 3. Transportation Impacts — 4. Other Submittal Requirements - �.�.► I �� ARTICLE V Review Procedures Division 1. Common Review Procedures Sec. 16A-5-10. Purpose. J� The purpose of Division 1, Common Review Procedures, is to establish the / ,45e procedures that apply to all development applications within the Town. These 7NC t4bko3 *em common procedures apply to the following types of development applications: . Aft/V )&j" interpretations, amendments to the text of the Land Use and Development Code, d I /t rr amendments to the Official Zone District Map, planned unit developments (PUD) L( 5�6 J f kjt c and PUD amendments, special reviews, variances, administrative modifications, h�fch subdivision exemptions, subdivisions and subdivision amendments and temporary f use permits. (Ord. 4-1998 §1) 6 Sec. 16A-5-20. Overview of common development review procedure. (a) ommon Procedure . Figure 5-1, Common Review Procedure, generally illustrates prevides an evewiew ef how the Town processes Language revised for clairy land development applications and. It the activities an applicant may have to complete in order to obtain approval of a development appliGation-. In general, the steps that comprise the common procedure are as follows: (1) Attend pre-application conference; (2) Submit application; 1 (3) Staff reviews of application; (4) Publish PFev+6ienef public notice; Language revised for clairy (5) Action by decision-making belly board; and (6) Actions following development approval. The following sections of this Division describe the common procedures associated with each of these steps. (b) How the AelatigR&ip of Common Procedure Applies to Particular Application , Table 5-1, Summary of Development Review Procedures, indicates yes how certain Language revised for clairy elements of the common procedure apply to each type of application t#e T-GWR ' feuiew6. It describes whether the pre-application conference is mandatory or optional for each type of application, which belly board is authorized to review, act upon or hear appeals for each type of application and whether public notice is required for the application. (Ord. 4-1998 §1; Ord. 6-1999 2 Figure 5-1 Common Review Procedure Attend Pre-Application Conference Submit Application I Correct Defects Notify Applicant Of Deficiencies lot IPlanning Director Review fo\r`IlC/ompleteness I Complete Planning Director Certifies as Complete Referral to Local, Staff Review of Set Public Hearing State, and Federal Application Date and Provide Agencies Public Notice Preparee hall Report Hearing By Review Body(ies) Approve, Approve Conditionally, Table, or Deny Application Submit Documents For Recordation (when applicable) Apply for Building Permit 1) 3 Figure 5-1 Common Review Procedure Attend Pre-Application Conference I/ Submit Application <_ Correct Defects Notify Applicant Of Deficiencies T I Not Planning Director Review for Completeness \ Complete Planning Director Certifies as Complete I Referral to Local, _� Staff Review of Set Public Hearing State, and Federal / Application Date and P eividaPah t 11 Agencies I Public Notice �e Staff Report eft 4VA4 V Hearing By Review �Qp1i�p oveaApprov#Conditions TablA, o Deny QyP(w4ubmitsDocuments For Recordation (when applicable) LOOIpply for Building Permit _ COI _. 2 TABLE 5-1 SUMMARY OF DEVELOPMENT REVIEW PROOtbURES APPIll on re; Rote of Rscom "� y ng ), PUDIIQ t+ res Tyler tiro k y . V a -a- In Optional DM A No n Atn I iWd rr 6- t ' Optional R R DM Yes (for Town 1 s Council second DsVe reading of Ctade ordinance) Off�C"i�Zf` DistrIct 11f10 (Sod. 220) t � 4 PUD Sk6tdh °" Mandatory R R DM Yes (for joint Plan (Sew meeting and for Town Council 1 resolution)x N Mandatory R R DM Yes (for Planning Commission and Town Council) IOptional R DM No ' Mandatory R R DM Yes (for Town Council) Optional DM2 A Yes (for staff or '= Planning Commission) Optional R DM A Yes (for Planning lyx" Commission) 5 Add \ Optional DM A Y J { tC \ «\ Optional R . DM N - \� \ \ \ Mandatory R R DM Yes � . »' Commission) v » Mad bry R DM Yes (for To w < ~ - Council) Man b@ R R DM Yes (for To w . Council) 07, � A6A-6-2 Optional DM A No Notes: 1. Public notice shall be given as specified in Section 16A-5-60, Notice of Public Hearings. 2. Staff is the decision-making t board for administrative modification and special review applications. ' However, the staff may refer any administrative modification or special review application to the Planning Commission if issues arise during the staff review or the public hearing that cannot be resolved. In such cases, action shall be by the Planning Commission at a public hearing. 3. Required notice shall be given as noted in Table 5-2. Sec. 16A-5-30. Pre-application conference. Language revised for clairy (a) General. At the pre-application conference is the applicant may to confer with the Planning Director to obtain information and guidance as to the Town's development procedures and standards. Table 5-1 , Summary of Development Review Procedures, lists the application types for which a pre-application conference is mandatory and those for which it is optional. It shall be the applicant's responsibility to schedule the pre-application conference. (b) Purpose of Pre-Application Conference. The purpose of the pre-application conference is Language revised for clairy development appliGatigRand to determine, in general, what provisions of this Development Code apply to the proposed development. (c) Contents of Pre-Application Conference. Items to that should be discussed during the pre-application conference include the following: Language revised for clairy (1) Applicant's proposal. The applicant shall should provide a verbal description of the proposed development, accompanied by a survey, site plan or Language revised for clairy other map that illustrates the property's boundaries and the applicant's initial Idevelopment concepts. The applicant should also provide a general indication of when the application is likely to be submitted. (2) Review procedure. The Planning Director should identify the procedures that will apply to the proposed development, including which decision-making bedy board or belies boards will review the application, whether public notice will be required and the sequence of actions and the likely time required to complete Language revised for clairy the development review process. (3) Review agencies. The Planning Director should identify those agencies that will review the development application. Upon request, the Planning Director will shall provide the applicant with the names of contact persons at these agencies. 8 (4) Application contents. The Planning Director should shall describe the materials required to be submitted as part of the development application, Language revised for dairy provide any applicable Town application forms, identify the number of copies of the application to be submitted and indicate the fee for the development application. (d) Written Summary. Upon request by the applicant, the Planning Director shall, within seven (7) calendar days, issue a written summary of the specific procedures and information requirements for the project (Ord. 4-1998 §1) Language revised for dairy WSec. 16A-5-40. Submission of application. W (a) Authorization initiatinA. A development application may only be submitted to the Community Development Department by the owner, or any other person having a recognized interest in the land for which the development is proposed, or their authorized agent. (1) Applisanti6 fle# the Owner's Permission. If the applicant is not the owner Language revised for clairy of the land, or is a contract purchaser of the land, the applicant shall submit a letter signed by the owner consenting to the submission of the application. Language revised for clairy (2) . If the applicant is not the sole owner of the land, the applicant shall submit a letter signed by the other 9 owners, or an association representing the owners, consenting to or joining in the development application. (b) Minimum Contents. The development application shall include the information and materials specified for that particular type of application in the applicable section of this Article V. In addition, all development applications shall, at a minimum, include the following information and materials: (1) Name, address, telephone number and power of attorney. The applicant's name, address and telephone number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name, address and phone number. (2) Legal description. The legal description and street address, if such exists, Language revised for clairy of the parcel on which development is proposed to essu . (3) Disclosure of ownership. A from a title insurance company or attorney licensed in the State which shall set forth the names of all owners of property included in the application and shall include a list of all mortgages, judgments, liens, contracts, easements or agreements of record that affect the property. At the Town's option, the holders or owners of such mortgages, judgments, liens, contracts, easements or agreements of record may be required to consent to the application before it is acted upon by the Town. 10 (4) Written description. A written description of the proposal and an explanation, in written, graphic or model form, of how the proposed development complies with the review standards applicable to the application, found in the applicable section of this Article V. (5) Vicinity map. An eight and one-half inch by eleven inch (8'/2" x 11") vicinity map locating the subject parcel within the Town. (6) Other maps. All other maps required for the application shall be prepared at a scale of one inch equals one hundred feet (1" = 100) or larger, on sheets no larger than thirty inches by forty-two inches (30" x 42"), with an unencumbered margin of one and one-half inches (1.5") on the left hand side of the sheet and (� one-half inch (0.5") around the other three (3) sides of the sheet. Sheets of 1 twenty-four by thirty-six inches (24" x 36") are preferred. If it is necessary to ' place information on more than one (1) sheet, an index shall be included on the first sheet. Report-size versions of all maps, reduced to a sheet size of no greater than eleven inches by seventeen inches (11" x 17"), shall also be submitted. (7) Base fee. The application shall be accompanied by the applicable base Department's fee schedule. The fee fee from the Community Development p schedule shall be established and may be revised from time-to-time by the Planning Director. The fee schedule shall be available for review in the Community Development Department during normal business hours. >> a. Actual fee. The actual review fee shall be computed by the Planning Director, based upon a staff hourly rate determined by the Planning Director to be an estimate of the fully allocated hourly cost of review of the application by the Town staff, plus the actual costs incurred by the Town in employing consultants, including attorneys and engineers, performing services for the Town directly related to the application. ' b. Reimbursement due. The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Planning Director. The reimbursement to the Town by the applicant shall be due and payable within fifteen (15) days of the date of billing. (c) Consolidation. The Town's development review process is intended to encourage efficient processing of applications. Applicants may request, and the Planning Director may permit, the consolidated submission and review of all necessary development applications for a parcel of land. The Planning Director is authorized to waive any overlapping submission requirements in the consolidated review. (Ord. 4-1998 §1) Sec. 16A-5-50. Staff review of application. (a) Determination of Completeness. The Planning Director shall determine whether the application is complete and includes information in sufficient detail to determine whether it complies with the applicable substantive standards of this 12 Development Code. The Planning Director shall endeavor to make said determination and notify the applicant accordingly within fifteen (15) days of receiving the application. (1) Incomplete Application is act-seMplete. If the application is not complete, Language revised for clarity the Planning Director shall inform the applicant of the deficiencies in writing within 15 days and shall take no further action on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within sixty (60) days, the application shall be considered withdrawn and returned to the applicant. Language revised for clarity (2) Complete Application is-samplete. If the application is complete, the ' Planning Director shall certify it as complete, and assign the application an J agenda date with the applicable review try board. .S ' (3) Completeness is not a determination of compliance. A determination that an application is complete shall not constitute a determination that it complies with the substantive standards rds of this Development Code. (b) Staff Review. Within thirty (30) days from the date of the completeness determination, the Planning Director shall review the development application to determine its conformance with the requirements of this Development Code. The Planning Director may solicit the professional analysis and recommendations of any other agency, organization or technical consultant deemed appropriate and necessary to complete the review, such as: (1) members of the Town staff; (2) 13 county, state or federal entities having an interest in or authority over the proposed development or any portion thereof; (3) utility companies, special service districts serving the proposed development and the school district; and (4) engineers, designers and legal consultants. (c) Report. Prior to the date of the review t board meeting, the Planning language revised for clarity Director shall compile a written report that sets forth how the application complies with, or does not comply with, the applicable standards of this Development Code. At least three (3) days prior to the first public review of the application, the Planning Director shall distribute a copy of the report to each member of the review body board and to the applicant, and shall make the report available to the public. (Ord. 4-1998 §1) a Sec. 16A-5-60. Notice of public hearings. 09 ' (a) Notice Required. Table 5-1, Summary of Development Review Procedures, identifies the types of land development applications that require shall be Language revised for clarity a public hearing, and at what step during the review process that hearing shall occur. listed a6 requiFiRg RetiGe to be . Notice shall be provided as specified below. (b) Manner and Timing of Notice. Public notice shall be given by publication of notice in the newspaper, mailing of notice to property owners surrounding the subject property and posting of notice on the property, as specified herein. The 14 number of days prior to the hearing that each type of notice must be given is summarized in Table 5-2, Timing of Required Public Notices. (1) Publication of notice. Publication of notice shall be accomplished by the staff, who shall place a legal notice in a newspaper of general circulation in the Town. The legal notice shall state the date, time, location and purpose of the public hearing, and the name of the decision-making t board conducting the Language revised for clarity hearing and shall be published once. to be amended, a Fnap the pr4ape6ed amendmepA shall also be 1 (2) Mailing of notice. Mailing of notice shall be accomplished by the applicant. .� The notice that the applicant shall mail shall be prepared by the Planning Director and provided to the applicant. Notice shall be sent by certified 464 Glass mail to 1 Language revised for clarity all property owners with properties located wholly or in part within three hundred (300) feet of the subject property. a. Source of list. The applicant shall compile the list of property owners to whom notice will be mailed by using the most current list of property owners on file with the County Tax Assessor. b. Contents of mailed notice. The notice that is mailed shall contain the following information: 1 . Description of proposal. A description of the proposed application, 15 including a reference to the Code section under which the application will Language revised for clarity be processed and the name of the decision-making bGdy_Lo_ard that will conduct the hearing. An exhibit depicting the proposed development shall also be included. 2. Description of property. A description of the subject property. Qj 30 No No No No No 15 No No 1#0-0, 15 30 15 16 L[ ON 5L 5L 4 ON ON ON ',°: 5L ON 5L OE OE 5L OE OE ON ON ON ON z5 L ON 5L OE OE 54 5L 8E 5L 6€ ' W k r 5 L OE 9 To vY tE'ea ON ON ON 5L OE OE OL OL OL 11 W1,+ 4... ce ON ON LO L ' No public hearing occurs before the Planning Commission; the required public notice is for the joint meeting, pursuant to Section 16A-5- 320(4), Joint Meeting. 2 Mailed notice shall be by certified mail and return labels shall be Revised at staff recommendation to require all legal mailings to presented to the Planning Director prior to public hearing. show proof of mailing. (SPA-11 and SPA 2) autherization or to arnend a use on an appFeved , I 3. Vicinity map. A vicinity map showing the location of the property within the Town. ' 4. Date time and place. The date, time and place of the public hearing for which notice is being given. 5. Map amendment. If the application is for an amendment to the Official Zone District Map, a map illustrating the proposed amendment shall be included with the mailed notice. The notice shall state what the present zoning is and what the new zoning will be and shall set forth the dimensional limitations for the proposed zone, as established in this Code. 6. Subdivision. If the application is for approval of a subdivision, the 18 notice shall specify the proposed types of uses and gross residential density. 7. Additional hearings. The written notice shall also state that additional public hearings may be held before the Planning Commission and/or Town Council at later dates, for which only published notice shall be required, and shall indicate that additional information regarding the proposal is available for inspection at the Town offices during normal business hours. 8. Contact person. The address and telephone number of the Community Development Department, and the name of the person to whom written comments should be directed prior to the public hearing. Q (3) Posting of notice. Posting of notice shall be accomplished by the applicant. The applicant shall obtain a copy of the sign from the staff or shall use ' a form approved by the staff. The applicant shall enter onto the sign the date, Language revised for clarity time, location and purpose of the public hearing, and the name of the decision- making t board conducting the hearing. The applicant shall post the sign in a conspicuous location on the subject property. a. Dimensions. The dimensions of the sign shall be not less than twenty-two inches wide by twenty-six inches high (22" x 26"). Lettering on the sign shall be not less than one (1)1 inch in height. 9 b. Materials. The materials to which the notice form is affixed shall be sturdy 19 and waterproof or shall have a waterproof covering. The applicant shall maintain the sign in a legible manner until the closure of the public hearing and shall remove it on the day following closure of the public hearing. (4) Validity of notice. If the applicant follows the procedures indicated above in good faith, the failure of any particular property owner to receive notice shall not affect the validity of the proceedings which require such notice. By way of example, notice shall not be considered invalid because of unrecorded or subsequent transfers of title, or uncertainties concerning ownership not discernible from the tax assessment rolls. ' (5) Proof of notice. At or before the actual public hearing, the applicant shall VP provide the Town with an affidavit certifying that notice was posted. A copy of the list of property owners to whom notice was mailed shall be attached to the ' affidavit. A photograph of the posted sign shall also be attached to the affidavit. (Ord. 4-1998 §1; Ord. 6-1999 §1; Ord. 10-1999 §1) Sec. 16A-5-70. Action by decision-making body board. Language revised for eiairty The decision-making body board shall comply with the following procedures in taking action on the development application. (a) Site inspection. As part of its consideration of the development application, the decision-making bedy board may, as a group or through a committee appointed for that purpose, inspect the site of the proposed 20 development. Upon reasonable request by the Planning Director, the applicant shall mark the development site before the site visit is to occur to locate property boundaries, building envelopes and other key site development features. (b) Conduct of public hearing. A public hearing shall be conducted in accordance with the following procedures: a. Rights of all persons. Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization. b. Order of proceedings. The order of the proceedings shall be as follows: ' 1. Description. The Planning Director shall present a narrative and/or graphic description of the application and a staff report on the application, VI which includes a written recommendation. 2. Applicant presentation. The applicant shall present any information Language revised for clarity that has been previously submitted in application the applicant deems apprepriate. The burden shall be on the applicant to demonstrate through competent evidence that the application complies with all applicable provisions of this Development Code. 3. Public testimony. Public testimony shall be heard. 4. Applicant response. The applicant may respond to any testimony or evidence presented by the public. 21 5. Staff response. The Planning Director and any other staff member may respond to any statement made by the applicant or the public. c. Exclusion of testimony. The Chairman conducting the public hearing may exclude testimony or evidence that is found to be irrelevant, immaterial or unduly repetitious. If any testimony or evidence is so excluded, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer shall be made at the public hearing. d. Continuance of public hearing. The belly board conducting the public Ihearing may, on its own motion or at the request of the applicant, continue the Language revised for clarity public hearing to a fixed date, time and place. An applicant shall have the right to request and be granted one (1) continuance. All subsequent continuances ' shall be granted at the discretion of the bed board conducting the public hearing only upon good cause shown. e. Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to the action on the application by the decision- making bedy board. Language revised for clarity f. Record of public hearing. The bed board conducting the public hearing shall record the public hearing by any appropriate means, including transcription, audiotape or videotape. The written or taped record of oral 22 proceedings, including testimony and statements of personal opinions; the minutes of the Clerk; all applications, exhibits and papers submitted in any Language revised for proceeding before the decision-making, administrative or advisory t board; clarity the staff report and the decision of the t board shall constitute the record. (3) Action . After hearing the evidence and considering the comments of all persons interested in the matter, the decision- Language revised for making bedyjjoard shall make its decision and findings and have them entered clarity in its minutes. The decision-making body board shall not be required to take final action on an application during the same meeting when testimony from interested ' persons is taken, but action shall be taken as promptly as is reasonable. Language revised for OQ a. Findings. In its findings, the decision-making i board shall report the clarity facts, whether the application complies with the applicable review standards, ' and whether the application is approved, approved with conditions, recommended for approval by another bGdy board, tabled pending receipt of additional information or denied. b. Copy to applicant. A copy of the decision-making t board's decision Language revised for shall be provided to the applicant within a reasonable period of time after the clarity decision has been made. Language revised for (4) Inactive applications. The decision-making bedy board may deny any clarity application that remains inactive. An application may be deemed inactive and be 23 denied when the decision-making bow board determines that the applicant is not Language revised for clarity making reasonable progress in moving the application towards final approval. a. Determination of inactivity. A project shall be considered inactive if more than two (2) months have passed since a written request for additional Language revised for clarity information was made by the Planning Director or the review belly board, and the request has not been complied with, or more than three (3) months have passed since the last official contact between the applicant and the decision- making bed board. Language revised for clarity b. Written notice. The Planning Director shall provide advalaoe 30 days in advance, written notice to the applicant stating the time, place and date when 00 the decision-making belly board will consider denial of the application due to its ' inactivity. (Ord. 4-1998 §1) Sec. 16A-5-80. Appeals. (a) General. Table 5-1, Summary of Development Review Procedures, identifies those types of actions by decision-making boards bodies that may be appealed. Language revised for clarity Appeals of actions by decision-making boards belies shall comply with the following procedures. (b) Written Appeal. An appeal of an action by a decision-making body board Language revised for clarity shall be submitted in writing to the Planning Director within fifteen (15) days after the date of the decision being appealed. The written appeal shall state the basis of 24 the appeal in detail, and the relief that is requested, and shall include any materials or evidence to support the appeal. (c) Standing to Appeal. The following persons shall be deemed to have standing to submit an appeal: (1) Applicant. The applicant or the owner of the property; (2) Person who testified. Any parties in interest persen who testified at the Language revised for clarity public hearing on the application; or (3) Person who submitted written comments. Any persea- parties in interest Language revised for clarity who submitted written comments on the application before final action was taken, excluding persons who only signed petitions or form letters. (d) Procedure. The appeal shall be heard by the fly board authorized to hear the appeal at a regularly scheduled meeting within thirty (30) days after the date of Language revised for clarity the filing of the written appeal. The Planning Director shall inform the applicant, the appellant, and anyone who testified at the public hearing or submitted written comments on the application of the date, time and place of the meeting. The body board hearing the appeal shall either affirm, affirm with modifications or reverse the original action. The original action shall only be modified or reversed if it is determined that: (1) there is not substantial evidence in the record to support the original decision, or (2) the original action was inconsistent with the applicable provisions of this Land Use and Development Code. The decision of the appellate 25 t board shall be final and shall not be further appealed, but may be subject to Language revised r°` clarity review by the courts pursuant to law. (Ord. 4-1998 §1) Sec. 16A-5-90. Vested property rights. (a) General. Consistent with the provisions of Section 24-68-101 et seq., C.R.S., a vested property right shall attach to and run with the applicable real property upon the approval of a site specific development plan. (b) Site Specific Development Plan. A site specific development plan, for the purpose of vesting a property right under Section 24-68-102(4), C.R.S., shall specifically include the following: ,4 (1) Final PUD plan. A final planned unit development plan approved pursuant 0 to Article V, Division 3, Planned Unit Development. (2) Subdivision. A final plat of a subdivision approved pursuant to Article V, Division 4, Subdivision Regulations. (3) Special review. A special review use approved pursuant to Section 16A-5- 230, Special Review. Where none of the foregoing approvals is required by the nature of an application for any land use approval, the final approval granted by resolution of the Town Council shall be deemed a site specific development plan, except that under no circumstances shall a variance be deemed to be a site specific development plan. 26 Furthermore, the establishment of a zoning designation or a zone district with respect to any real property, either original or by an amendment to the Official Zone District Map or to the text of this Development Code, shall not constitute a site specific development plan, unless the amendment is approved simultaneously with any of the specific types of approvals listed above. (c) Conditional Approval. Approval of a site specific development plan may be made with or without condition, and the failure to fully abide by the terms of any conditional approval will result in a forfeiture of a vested property right. f (d) Term of Vested Right. Rights which have been vested as provided herein /shall remain so vested for a period of three (3) years, unless extended by the Town ...Council in its complete discretion on a case-by-case basis. The Town Council shall consider both the needs of the Town and the property owner in determining to extend a vested property right beyond three (3) years. Any such extension shall be in the form of a development agreement duly authorized and executed by the landowner or landowners involved and approved by ordinance. The Town Council may impose reasonable conditions upon any such extension. (e) Applicability of Other Town Codes. The establishment of a vested property right shall not exempt the property owner from requirements for building permits, other necessary permits or other approvals required subsequent to the approval of a site specific development plan. The establishment of a vested property right shall not preclude the application of the requirements of the building code, fire code, 27 plumbing code, electrical code, mechanical code or other requirements necessary for the protection of the public health, safety and welfare. (f) Judicial Review. Approval of a site specific development plan shall be subject to judicial review, and the period of time permitted by law for the filing of any such action shall begin to run from the date of site specific development plan approval. (g) Approvals Granted Prior to June 1, 1988. The provisions of this Section shall not apply to any site specific development plan or other land use approval granted ' prior to June 1, 1988. The applicable law on the date of such prior approval shall n apply to such projects. (Ord. 4-1998 §1) Division 2. Procedures for Review of Particular Applications Sec. 16A-5-200. Purpose. The purpose of Division 2 is to establish the procedures, submission contents and standards that apply to each type of development application within the Town. This Division addresses the following types of development applications: amendments to the text of the Land Use and Development Code, amendments to the Official Zone District Map, planned unit development (PUD), special review, variances, administrative modifications, subdivision exemptions, subdivision and temporary use permits. (Ord. 4-1998 §1) 28 Sec. 16A-5-210. Amendments to text of Development Code. (a) Purpose. The purpose of this Section is to provide the means by which the Town Council may, from time to time, amend, supplement or repeal the text of this Land Use and Development Code. (b) Initiation. An amendment to the text of this Development Code may be initiated by resolution of the Town Council, by the Planning Commission, by the Planning Director, by any person who holds a recognized interest in land within the Town or by any citizen or business owner within the Town. ' (c) Procedure. The following procedures shall apply to an application for an n amendment to the text of this Development Code. These procedures are illustrated in Figure 5-2, Text or Map Amendment Procedures. ' (1) Pre-application conference. Attendance at a pre-application conference is Several changes were made to make mandatory mandatory eptieRal, but recommended, prior to submission of an application for and optional pre-app conferences reflective of an amendment to the text of this Development Code. the importance of the procedure being applied for and to achieve (2) Submission of application. The applicant shall submit an application to the consistency Planning Director that contains those materials specified in Section 16A-5-210(d), Submission Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. 29 (4) Planning Commission review. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. The Planning Commission shall review the application, considering the standards of Section 16A-5-210(e), Review Standards, and shall make its recommendations to the Town Council. (5) Town Council first reading. The Planning Commission's recommendations shall be forwarded to the Town Council at a regular meeting, together with a complete copy of the application and a copy of the staff's review. The Town Council shall consider all relevant materials and shall adopt an ordinance on first reading amending the Development Code as recommended or with modifications, or shall adopt a resolution denying the application, citing specific w reasons therefor. (6) Public hearing. Prior to second reading of such ordinance, the Town Council shall hold a public hearing. Public notice of the hearing shall be given by publication of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. The Town Council shall consider the application, any relevant support materials the staff report, 9 the Planning Commission's recommendation and the public testimony given at the public hearing. Following closure of the public hearing, the Town Council shall either adopt the ordinance, adopt the ordinance with modifications or deny the ordinance, considering the standards in Section 16A-5-210(e), Review Standards. If the Council shall make modifications to the 30 ordinance prior to adoption it may, but need not, remand the application to the Planning Commission for further recommendations. (7) Interim amendment procedure. From the period following the adoption of this Land Use and Development Code until December 31 , 1999, the Town Council may initiate amendments to the text of this Code without compliance with the provisions of Section 16A-5-210(c)(1) through (c)(5), provided that the Town Council shall refer such amendments to the Planning Commission following first reading of the ordinance for comment. Comments of the Planning Commission shall be delivered to the Town Council at the public hearing on the ordinance. d Submission Contents. An application for amendment to the text of this Development Code shall contain the following materials: ' (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. (2) Precise wording. The precise wording of the proposed amendment. (e) Review Standards. An application for an amendment to the text of the Development Code shall comply with the following standards: (1) Consistent with purposes. The proposed amendment shall be consistent with the P urposes of this Development Code. 31 (2) Not conflict with other provisions. The proposed amendment shall not conflict with any other applicable provisions of this Development Code. (3) Consistent with Comprehensive Plan. The proposed amendment shall be consistent with the Town of Snowmass Village Comprehensive Plan. (4) Public health, safety and welfare. The proposed amendment shall preserve the public health, safety, general welfare and environment and contribute to the orderly development of the Town. I (Ord. 4-1998 §1; Ord. 1-1999 §1) A Sec. 16A-5-220. Amendments to Official Zone District Map. (a) Purpose. The purpose of this Section is to provide the means by which the ' Town Council may, from time to time, amend, supplement or repeal the contents of the Official Zone District Map. No rezoning of a specific parcel of real property by a change in zoning classification resulting in a change to the Official Zone District Map shall be valid unless approved by the Town Council pursuant to the provisions set forth herein. (b) Initiation of Map Amendment. An amendment to the Official Zone District Map may be initiated by resolution of the Town Council, by the Planning Commission, by the Planning Director or by any person who holds a recognized interest in the land affected by the proposed amendment or their authorized agent. 32 FIGURE 5.2 TEXT OR MAP AMENDMENT PROCEDURES PRE-APPLICATION -w7 CONS un,__ )�� / ��I6IIP�F SUBMIT APPLICATNN STAFF PUBLIC REVIEW NOTICE PLANNING COMMISSION MEETING TOWN COUNCIL FIRST READING `7E PuauPUau NcF-1oTICE TOWN COUNCIL SECOND READING OF ORDINANCE (%15-220.98 §1;Ord. 1-1999 §1) S Amendments to Official Zone District Map. (a) Purpose The purpose of this Section is to provide the means by which the Town Council may, from time to time,'wQend, supplement or repeal[he contents of the Official Zone District Map. No rezoning of a specific parcel of real property by a change in zoning classification resulting in a change to the Official Zone District Map shall be valid unless approved by the Town Council pursuant to the provisions set forth herein. (b) Initiation of Map Amendment',,An amendment to the Official Zone District Map may be initiated by resolution of the Town Council,13 ,44e Planning Commission,by the Planning Director or by any pprsdn who holds a recognized interest in tb&.land affected by the proposed amendment or their authorized agent. (c) Procedure. The following procedures shall apply to an application for an amendment to the Official Zone District Map. These procedures are illustrated in Figure 5-2, Text or Map Amendment 15 (c) Procedure. The following procedures shall apply to an application for an amendment to the Official Zone District Map. These procedures are illustrated in Figure 5-2, Text or Map Amendment Procedures. (1) Pre-application conference. Attendance at a pre-application conference is mandatory ept+eaat, but recommended, prior to submission of an application for an amendment to the Official Zone District Map. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the applicable materials specified in Section 16A- ' 5-210(d), Submission Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. (4) Planning Commission review. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. The Planning Commission shall review the application, considering the standards of Section 16A-5-220(e), Review Standards, and shall make its recommendations to the Town Council. (5) Town Council first reading. The Planning Commission's recommendations shall be forwarded to the Town Council at a regular meeting, together with a complete copy of the application and a copy of the staff's review. The Town Council shall consider all relevant materials and shall adopt an ordinance on first 33 reading amending the Official Zone District Map as recommended or with modifications, or shall adopt a resolution denying the application, citing specific reasons therefor. (6) Public hearing. Prior to second reading and final adoption of such ordinance, the Town Council shall hold a public hearing. Public notice of the hearing shall be given by publication, mailing and posting of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. The Town Council shall consider the application, any relevant support materials, the staff report, the ' Planning Commission's recommendation and the public testimony given at the public hearing. Following closure of the public hearing, the Town Council shall either adopt the ordinance, adopt the ordinance with modifications or deny the ordinance, considering the standards in Section 16A-5-220(e), Review Standards. (d) Submission Contents. An application for an amendment to the Official Zone District Map shall contain the following materials: (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. (2) Survey map. An accurate survey map of the property proposed for amendment, stating the area of the property proposed to be amended in square feet or acres. 34 (3) Zone districts. A map showing the present zone district designation(s) of the property and the zoning of all adjacent properties, as depicted on the Official Zone District Map. (4) Existing uses. A description of the existing uses on the property and on all adjacent properties. (5) Petition. A petition in favor of the rezoning, signed by real property owners representing at least eighty percent (80%) of the land area included in the application, if property other than that owned by the applicant is included in the area of the proposed rezoning. I (6) Private applications. For any private application for an amendment to the QOfficial Zone District Map, the application shall contain a development proposal V for the entire parcel, submitted in conformance with Article V, Division 3, Planned ' Unit Development, or any other applicable section of this Article V. f a portion of a parcel. The Town Council may permit the a. Rezoning o p p rezoning of only a portion of a larger parcel when the Town Council has determined that said rezoning is consistent with the standards of Section 16A- 5-220(e), Review Standards, and said action is necessary to promote the public health, safety and welfare. b. Conditional approval. The application for rezoning will be considered for conditional approval subject to subsequent approval of a development 35 proposal for the area to be rezoned. (e) Review Standards. An application for an amendment to the Official Zone District Map shall comply with the following standards and, whenever applicable, shall also comply with the standards of Section 16A-5-220(f), Review Standards for Rezoning of Lands Zoned Open Space or Conservation. (1) Consistent with Comprehensive Plan. The proposed amendment shall be consistent with the Town of Snowmass Village Comprehensive Plan. (2) Consistent with purpose of zone district. The proposed amendment shall n district to which the roe will be h purpose of the zone property rtY be consistent with the purp 0 designated. ' (3) Compatibility with surrounding zone districts and uses. The development permitted by the proposed amendment shall be compatible with surrounding zone districts, land uses and neighborhood character and shall result in a logical and orderly development pattern within the overall community. The a (4) Necessary circumstances. pp licant shall demonstrate that the following circumstances exist: a. Error. There has been a technical error in the boundaries shown on the Official Zone District Map; or b. Changed conditions. There have been changed conditions affecting the 36 subject parcel and the surrounding neighborhood that support the proposed amendment; and c. Community need. The proposed amendment addresses and helps to resolve a community need that is documented in or is consistent with the intent of the Comprehensive Plan. (f) Review Standards for Rezoning of Lands Zoned Open Space or Conservation. Certain lands have previously been zoned Open Space or Conservation within Snowmass Village by the Town, with the approval of the ' property owner at the time of the zoning. The preservation of these parcels in their .open and natural character has been determined to be in the best interest of the Q public welfare. There are, however, certain circumstances where a change of zoning may be desirable in order to facilitate a development that is in the public interest. Any amendment to the Official Zone District Map that would change the zoning of any land designated Open Space or Conservation to any other zone district category established in Article III, Zone Districts, of this Development Code shall only be permitted when the application complies e with the following standards: (1) Areas of five (5) acres or less. An area of up to but not exceeding five (5) acres that is zoned Open Space or Conservation may be rezoned to another zone district established in Article III, Zone Districts, provided that such amendment to the Official Zone District Map is necessary to facilitate a development proposal that is determined to be in the public interest and the 37 application is approved by a two-thirds (2/3) vote of the entire Town Council. (2) Areas in excess of five (5) acres. An area exceeding five (5) acres that is zoned Open Space or Conservation may be rezoned to another zone district established in Article III, Zone Districts, in order to facilitate a development proposal only when the developer shall rezone a suitable amount of land that is zoned other than Open Space or Conservation to Open Space. The suitability of the amount and location of land to be rezoned to Open Space by the developer shall be at the discretion of the Town Council. The objective shall be to ensure that there is not a diminishment of quality open space within the Town. The ITown Council shall, prior to approving the application, find that the proposed amendment to the Official Zone District Map is in the public interest. Approval of Q the application shall require a two-thirds (213) vote of the entire Town Council. (3) Election required. In an instance where the parcel to be rezoned from Open Space or Conservation to another category identified in Article III, Zone Districts, does not comply with the standards of Subsections (f)(1) or (2) above, said amendment to the Official Zone District Map shall only be permitted by the Town Council after such application is approved by a majority of the electors voting on the proposal in a special municipal election. (Ord. 4-1998 §1) Sec. 16A-5-230. Special review. a Purpose. There are certain uses which, because of their unusual character 38 and potential impact upon the use and enjoyment of neighboring property, cannot be classified into a particular district or districts without site specific consideration of their impacts upon neighboring lands and upon the public need for the particular use at the particular location. These uses require special review of their location, design, intensity, density, configuration, operating characteristics and impacts on public facilities, and may require the imposition of appropriate conditions to ensure the use will be compatible at a particular location and mitigates its adverse impacts. (b) Permit Required. Only those uses designated as a special review use in the underlying zone district in Article III, Zone Districts, may be approved by special review, after issuance of a permit in accordance with the procedures set forth herein. No approved special review use may be modified, structurally enlarged or Language revised for soft claircy O expanded in ground area unless such modification, enlargement or expansion receives the prior approval of the Town, WhiGh approval shall be obtained by . (c) Procedure. The following procedures shall apply to an application for a special review permit. These procedures are illustrated in Figure 5-6, Special Review Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is mandatory aptieRal, but FeGemmended, prior to submission of an application for a Clarify process special review permit At this meeting or within 10 days afterward, the Planning Director shall decide if the application can be processed by staff or if it must be 39 forwarded to the Planning Commission. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Subsection (d), Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. Public notice that the staff is considering an application for a special review use shall be given by publication, mailing and posting of notice, pursuant to Section 16A-5-60(b), ' Manner and Timing of Notice. Notice of the public hearing shall also be provided to the Planning Commission. (4) Public hearing. A complete copy of the application shall be forwarded to the Planning Director, together with a copy of the staff review. The Planning Director shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. (5) Action by Planning Director. Within three (3) days after the closure of the public hearing, the Planning Director shall approve, approve with conditions or Clarify process refer the application to the Planning Commission at their next available regular meeting , considering the relevant materials and testimony and the standards in Subsection (e), Review Standards. If, during the staff review 40 or during the public hearing, any issues arise that cannot be resolved to the satisfaction of the Planning Director sta## or the applicant, then the hearing, any Clarify authroity and issues arise that cannot be resolved to the satisfaction of the Planning Director process staf# shall refer the application within 30 days to the Planning Commission, which shall approve, approve with conditions or deny the application, based on the standards in Subsection (e), Review Standards. Public notice that an application for a special review use has been referred to the Planning Commission shall be given by publication, mailing and posting of notice, pursuant to Section 16A-5- 60(b), Manner and Timing of Notice. I (6) Appeal. A decision by the Planning Director or the Planning Commission ► on a special review application may be appealed, pursuant to Section 16A-5-80, 0 Appeals. The appeal shall be referred to the Town Council, which shall consider the matter pursuant to Section 16A-5-80(d), Procedure. (d) Application Contents. A special review application shall contain the following: (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. ( 2) Improvements survey. An improvements survey, showing the location and dimensions of all existing structures, streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities and other significant features within 41 the property. (3) Site plan. A site plan, showing proposed features that are relevant to the special review application. (4) Other information. The Planning Director may request the applicant to submit such other information as is necessary to evaluate the impacts of the special review application. Examples of the information that may be requested are elevations of proposed new or remodeled structures, analysis of the traffic impacts of the proposed use or evaluation of the environmental impacts of the proposed use. O (e) Review Standards. An application for a special review use shall comply with the following standards: 1 (1) Consistent with Comprehensive Plan. The proposed use shall be consistent with the intent of the Town of Snowmass Village Comprehensive Plan. (2) Comply with standards of Development Code. The proposed use shall comply with all other applicable standards of this Development Code, including, but not limited to: a. Zone district standards. The purpose of the zone district in which it is located, the dimensional limitations of that zone district and any standards applicable to the particular use, all as specified in Article III, Zone Districts. 42 b. Development evaluation standards. The applicable standards specified in Article IV, Development Evaluation Standards. (3) Compatible. The proposed use shall be appropriate to its proposed location and be compatible with the character of surrounding land uses in the area, and shall not adversely affect the future development of the surrounding area. (4) Adequacy of access. Access to the site shall be adequate for the proposed use, considering the width of adjacent streets, their grades, intersection safety, visibility and entrance into the area to be developed. When appropriate, Ipublic transportation, or other public or private transportation services, and ^ appropriate pedestrian facilities, shall be made available to serve the use. 0 (5) Design minimizes adverse impact. The design and operation of the ' proposed use shall minimize adverse impacts and shall not create a nuisance, considering such impacts as traffic congestion or traffic hazards, service delivery, parking and loading, trash removal, odors, noise, glare and vibration. (6) Design minimizes environmental impact. The proposed use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources and other natural resources. (7) Facilities. There shall be adequate public facilities available to serve the proposed use, or the applicant shall propose necessary improvements to address 43 service deficiencies that the use would cause. In particular, the applicant shall demonstrate that adequate water supply and sewage disposal service is available for the proposed use, including sufficient water pressure to provide for fire protection needs. (8) Parking. Sufficient off-street parking shall be provided for the proposed use. (f) Conditions Authorized. The Planning Director or the Planning Commission ' may, in approving the special review permit, impose such restrictions and conditions on such approval, the proposed use, and the premises to be developed Oor used pursuant to such approval, as it determines are required by the Comprehensive Plan and this Development Code to prevent or minimize adverse feffects from the proposed use and development on surrounding land uses and on the general health, safety and welfare of the Town. The Town shall be authorized to set limits on the length of any special review permit that it issues and to obtain assurances that the ongoing operation of the use will comply with all of the applicant's representations and all conditions of approval, such as by requiring an annual compliance review. All conditions imposed in any special review approval, with the exception of conditions made applicable to such approval by the express terms of this Development Code, shall be set forth in the special review permit. (g) Expiration. A special review permit shall be valid for three (3) years from the date of its issuance. If, within three (3) years, the applicant shall not have obtained 44 a building permit to develop the special review use, or shall not have placed the special review use into operation, if the use does not require a building permit, then the permit shall expire. (1) Extension. An applicant may request an extension of these expiration provisions. The request shall be submitted to the Planning Director and must be submitted prior to the date on which the permit is to expire. Submission of a request for an extension shall stay the expiration of the permit until such time as the extension request is approved or denied by the Town Council. I (2) Town Council authority. Authority to grant an extension of up to one (1) year shall be at the sole discretion of the Town Council, which shall consider Q whether it has been demonstrated that: (a) the applicant has diligently pursued ' the permit; (b) failure to proceed with the permit was beyond the applicant's Staff is aware that Council is control; and (c) there is a reasonable likelihood that the permit will be developed unhappy with variance criteria. After much consideration and within the next year. (Ord. 4-1998 §1) in light of legal constraints on variance criteria,staff is recommdnating only the noted Sec. 16A-5-240. Variances. revisions to varirance critera. This would make our variance (a) Purpose. This Section sets forth the procedures and standards for obtaining criteria more conforming to the legal parameters established a variance from the standards of the Land Use and Development Code. A variance for variances. is a deviation from the standards of the Development Code that is necessitated by special circumstances or conditions of the physical site (such as exceptional topography, or the narrowness, shallowness or shape of a particular piece of 45 property), that would create practical difficulties for, or an unusual hardship upon, the owners of the land if the provisions of this Code were to be strictly enforced. (b) Procedure. The following procedures shall apply to an application for a variance. These procedures are illustrated in Figure 5-7, Variance Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional prior to submission of an application for a variance. (2) Submission of application. The applicant shall submit an application to the IPlanning Director that contains the following materials: a. Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. b. Site plan. A site plan of the subject property, showing existing improvements and proposed development features that are relevant to the review of the proposed variance application. c. Other information. The applicant shall submit such other written or graphic information as is necessary to describe and evaluate the proposed variance, such as proposed building elevations. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. 46 i I (4) Action by Planning Commission. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. Public notice that the Planning Commission will consider the application shall be given by publication, posting and mailing of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. The Planning Commission shall hold a public hearing to consider the application, which shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Planning Commission shall consider all relevant materials and testimony, shall consider the standards of Subsection (c), Review Standards, and shall approve, approve with conditions or deny the application. ... (5) Appeal. A decision by the Planning Commission on a variance application may be appealed, pursuant to Section 16A-5-80, Appeals. The appeal shall be referred to the Town Council, which shall consider the matter pursuant to Section f 16A-5-80(d), Procedure. (c) Review Standards. An application for a variance shall comply with all of the following standards: (1) Special circumstances exist. There are special circumstances or conditions, such as exceptional topography, or the narrowness, shallowness or shape of the property, that are peculiar to the land or building for which the 47 variance is sought, and do not apply generally to land or buildings in the neighborhood; (2) Not result of applicant. The special circumstances and conditions have not resulted from any act of the applicant; (3) Strict application causes practical difficulties. The special circumstances and conditions are such that the strict application of the provisions of this Development Code would result in practical difficulties to and undue hardship upon the use of the land or building; (4) Necessary to relieve practical difficulties. The granting of the variance is necessary to relieve the applicant of the practical difficulties and undue hardship /,. in the use of the land or building and is the minimum variance that could be ' granted to achieve said relief; (5) Not adversely affect neighborhood. The granting of the variance will not change the character or otherwise adversely affect the neighborhood surrounding the land where the variance is proposed, will not have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the property in question, will not impair an adequate supply of light or air to adjacent property, will not increase the danger of fire or otherwise endanger public safety or the public interest and will not substantially diminish or impair property values within the neighborhood; 48 n with Development Code. The granting of the variance will be in (6) Harmony p g g harmony with the purposes and intent of this Development Code, including the intent of the underlying zone district. No variance shall be approved that permits the construction or enlargement of any building or decks and related structures for any use prohibited in the underlying zone district; and (7) Consistent with Comprehensive Plan. The granting of the variance will be consistent with the intent of the Comprehensive Plan. (Ord. 4-1998 §1) Sec. 16A-5-250. Administrative modifications. ' (a) Purpose. This Section sets forth the procedures and standards for obtaining an administrative modification. An administrative modification is a staff-level review procedure that allows minor changes to be made to certain dimensional limitations or other design features in order to address technical constraints or unanticipated Language to clarify that this circumstances that arise prior to or during final design and actual construction. An procedure isn't a loophole for legally exceeding code administrative modification may not be created by the applicant and shall only be requirements granted for the following types of activities: (1) Setback. The intrusion of a building or an above-grade structure into a required setback by one (1) foot or less for new construction. (2) Floor area. An increase in the maximum allowable floor area of a structure by no more than two percent (2%) or fifty (50) square feet, whichever is less. 49 (3) Building height. An increase in a building's height by one (1) foot or less. (4)Parking space size. A decrease in the size of a required parking space by one (1) foot or less. (5) Crawl space or attic space. A crawl space or attic space that is greater than five and one-half (5'/z) feet at any point when rational construction methods will not allow compliance with the maximum height of five and one-half (5'/2) feet, provided that the Planning Director may impose reasonable conditions to limit or restrict the use of said space. (6) On-grade or below-grade structures. The projection of an on-grade or below-grade structure into a required setback in a manner that exceeds the limitations established in Section 16A-3-200(b)(2), Structures On or Below Finished Grade. The Planning Director may impose reasonable conditions to ensure that such structures will not hinder road maintenance and snow plowing operations and will have minimal visual impacts, and to ensure that the owner indemnifies the Town against any damage that may occur to said structures. (7) Building outside of established envelope. An intrusion into a required setback, where a building or portion thereof was previously constructed outside of the established building envelope for the lot. (8) Adjustment to building envelope. Adjustment of a building envelope to correct an existing condition or to allow it to better conform to the standards of 50 this Development Code, such as by allowing less vegetation to be removed from the site, helping to lessen impacts from drainage or site grading o r permitting g better access to the site to be provided. (9) Administrative amendments. An administrative amendment to any other design feature of an approved PUD, subdivision or building lot, or an administrative amendment to the uses approved for a PUD. Activities that shall not be considered administrative include changes to the overall character of the project, changes that substantially increase trip generation or the demand for public facilities and changes that are inconsistent with a condition or a representation of the project's original approval, or that require granting a further variation from that granted in the original approval. (10) Interim SPA (SPA-1 and SPA-2) authorization. Improvements to existing development within Specially Planned Area (SPA-1 and SPA-2) and Governmental Specially Planned Area zone districts that have not been reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Development, provided: a) the improvements are necessary for the maintenance and repair or remodeling of an existing building; b) there will be no change in type of use except as may be accessory to or customary in connection with the existing principal use(s) of the building; c) the total square footage of the floor space of the building is not increased by more than ten percent (10%) or five hundred (500) square feet, whichever is less, except in 51 the case of Governmental Specially Planned Areas it shall be ten percent (10%) of the building floor space; d) the proposed improvements will be consistent with Section 16A-4-340, Building Design Guidelines to Preserve Community Character; and e) all future development improvements within the property shall be reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Development. The Planning Director shall require the preparation of an interim site development and land use plan and may impose reasonable conditions to ensure that such structures will not change the basic character of existing building or surrounding areas or have a substantially adverse impact upon surrounding properties. (11) Site disturbance outside building envelope. Earth berms located outside the building envelope which do not satisfy the criteria specified within Section ' 16A-4-320(b)(2)a, Earth Berm Outside Building Envelope. The Planning Director may impose reasonable conditions to ensure that such berm will be located and designed to reasonably fit the site and to minimize the visual impact upon surrounding property owners. (b) Procedure. The following procedures shall apply to an application for an administrative modification. These procedures are illustrated in Figure 5-8, Administrative Modification Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional prior to submission of an administrative modification application. 52 (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: a. Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. b. Site plan. A site plan of the subject property, showing existing improvements and proposed development features that are relevant to the review of the proposed administrative modification. As necessary, the applicant shall also submit such other written or graphic information as is necessary to describe the proposed modification, such as a sketch of those elements of the proposed structure for which an administrative modification is now requested. C. Improvement survey. An improvement survey, showing the location and ' dimensions of all existing structures, streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities and other significant features within the property or proximate to the project area shall be required as may be determined necessary by the Planning Director to ensure adequate review of the application. d. Other information. The Planning Director may request the applicant to submit such other information as is necessary to evaluate the impacts of the administrative modification application. Examples of the information that may 53 be requested are elevations of proposed new or remodeled structures, analysis of the traffic impacts of the proposed use or evaluation of the environmental or fiscal impacts of the proposed use. e. List of adjacent owners. Applicants proposing to adjust a building envelope, extend an on-grade or below-grade structure into a required setback, obtain interim SPA (SPA-1 and SPA-2) authorization or to amend a use in an approved PUD shall submit a list of all owners of property that is located within three hundred (300) feet of the subject property. The list of persons shall be compiled pursuant to Section 16A-5-60(b)(2)a, Source of List. •� (3) Staff review and notice. Staff review of the application shall be accomplished as specified in Section 16A-5-50, Staff Review of Application. ' For an application proposing to adjust a building envelope, extend an on-grade or below-grade structure into a required setback, obtain interim SPA (SPA-1 and SPA-2) authorization or to amend a use in an approved PUD, the applicant shall provide notice by certified mail to all owners of property that is located within three hundred (300) feet of the subject property. The notice that is mailed shall contain sufficient graphic and written material to fully describe the administrative modification proposal and state that the Planning Director will take action on the application within fifteen (15) days after the date of the mailing. 54 (4) Action by Planning Director. Following the notice period, the Planning Director shall either refer the application to the Planning Commission for final determination or issue a written decision notice approving, approving with conditions or denying the application, based on the following standards: a. Unforeseen circumstances. .The proposed modification shall be the result of circumstances that could not have been reasonably anticipated by the applicant prior to or during the original approval process; and b. Insubstantial impacts. Any adverse impacts on surrounding properties _ from the proposed modification shall be insubstantial. (5) Referral to Planning Commission. If, during the staff review or during the Clarifying authority and pazocess public hearing, any issues arise that cannot be resolved to the satisfaction of the ' Planning Director-0r the applicant, then the Planning Director-staf-shall refer the application to the Planning Commission, which shall approve, approve with conditions or deny the application, based on the standards in Section 16A-5- 250(4) above. Public notice that an application for administrative modification has been referred to the Planning Commission shall be given by mailing and posting of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. (6) Appeal. A decision by the Planning Director on an administrative modification may be appealed, pursuant to Section 16A-5-80, Appeals. The 55 appeal shall be referred to the Town Council, which shall consider the matter pursuant to Section 16A-5-80(d), Procedure. (7) Recording of decision. If the Planning Director or Planning Commission approves the administrative modification, the applicant shall, within thirty (30) days of the date of said approval, cause the written decision notice to be recorded in the records of the County Clerk and Recorder. (8) Recording of interim site development and land use plan. Within ninety ' (90) days of the date of approval of the administrative modification, the More closely reflects true needs applicant shall, if required by their approval, submit two #*ee43�2LMylar copies, suitable for recording, of the interim site development and land use plan to the Planning Director, together with any other documents that are to be recorded. The Planning Director shall review the documents to ' ensure they comply with the terms and conditions of approval, shall obtain signatures for all of the applicable certificates on the interim plan and shall return the documents to the applicant. The applicant shall thereafter cause the documents to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. 56 FIGURE 5-8 ADMINISTRATIVE MODIFICATION APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF REVIEW PLANNING DIRECTOR ACTION REFERRAL TO I PLANNING DIRECTOR PLANNING COMMISSION OR DECISION 57 (Ord. 4-1998 §1; Ord. 1-1999 §1; Ord. 10-1999 §1) Sec. 16A-5-260. Temporary uses. (a) Purpose and Authority. This Section is intended to provide a mechanism for the Town to consider activities of a temporary or short-term nature that provide or facilitate an overall benefit to the community or further an official policy or objective of the Town, such as temporary activities of a civic, educational or cultural nature or entertainment-oriented activities. (1) Administrative temporary use permit. An administrative temporary use rpermit may be issued to any short-term use not allowed as a use by right, or as �. an accessory use or special review use in the particular zone district where the use is proposed, provided that the individual activity or event shall last for a period of time not to exceed ten (10) days. ' (2) Annual temporary use permit. An annual temporary use permit may be issued to any short-term use not allowed as a use by right, or as an accessory use or special review use in the particular zone district where the use is proposed, or that involves the construction of any structure, provided that the individual activity or event lasts for a period of time in excess of ten (10) days, but not to exceed one (1) year. (b) Review Procedure. The following procedures shall apply to an application for an annual or an administrative temporary use permit. These procedures are 58 illustrated in Figure 5-11, Temporary Use Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional prior to submission of an application for an annual or an administrative temporary use permit. The topics of discussion at the pre-application conference shall include, but not be limited to: a. Use and timing. The nature of the use in question and the time frame for which the temporary use permit is proposed to be in effect. b. Site characteristics. Physical characteristics of the site and surrounding area that will influence the determination of the suitability of the site for the proposed temporary use. c. Applicable provisions. The provisions of this Section that apply to the ' proposal, including the applicable review procedures, submission requirements and review standards. d. Emergency plans. Provisions and plans for dealing with potential emergency situations. e. Water and sanitation. Necessity for and availability of drinking water and sanitary facilities. f. Food and beverage service. If food and beverage service is to be provided, a plan to provide such services and evidence of other necessary 59 approvals or licenses. g. Parking and transportation. A parking and transportation plan and the necessity for police assistance. h. Admissions schedule. A rate, fee or admissions schedule for all or a portion of the activity, if applicable. L Unique concerns. Any other concerns unique to the particular activity. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Subsection (c), ' Application Contents. 1$ (3) Staff review. Staff review of the application shall be accomplished, as JIL specified in Section 16A-5-50, Staff Review of Application. ' (4) Action by decision-making bedy board. A complete copy of the application shall be forwarded to the decision-making y board, together with a copy of the staff review. a. Administrative temporary use. If the application is for an administrative temporary use permit, or is for the renewal of a previously issued annual temporary use permit that will remain substantially as previously approved, then the Planning Director shall issue a written decision notice approving, approving with conditions or denying the application, based on the standards in 60 Subsection (d), Review Standards. Prior to issuance of any administrative temporary use permit, the Planning Director shall forward a complete copy of the application to the Town Council, to notify the Council members of the pending action. b. Annual temporary use permit. If the application is for an annual temporary use permit, then the Planning Commission shall review the application, considering the standards of Subsection (d), Review Standards, and shall make its recommendations to the Town Council. Public notice that the Town Council will consider the application shall be given by publication and posting of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Town Council shall consider all relevant materials and testimony, shall consider the standards in Subsection (d), Review Standards, and shall, by resolution, approve, approve with conditions or deny the application. (5) Actions subsequent to approval. a. Appeal of administrative temporary use permit. A decision by the Planning Director concerning an application for an administrative temporary use permit may be appealed, pursuant to the provisions of Section 16A-5-80, Appeals. The appeal shall be referred to Town Council, which shall consider 61 the matter pursuant to Section 16A-5-80(d), Procedure. b. Changes or modifications. Any proposed changes or modifications to an approved temporary use permit may be approved by the Planning Director, provided such changes or modifications are insubstantial in nature and are generally consistent with the original approval. All other proposed changes shall require repetition of the procedures for obtaining the temporary use permit. c. Expiration. An administrative temporary use permit shall expire at the conclusion of the event or activity for which it was granted, and shall not be extended or continued. 3 62 FIGURE 5-11 TEMPORARY USE APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (MANDATORY) SUBMIT APPLICATION ISTAFF REVIEW ADMIN.TEMP.USE ANNUAL TEMP.USE ACTION BY PLANNING PLANNING COMMISSION DIRECTOR MEETING OR PUBLIC NOTICE TOWN COUNCIL PUBLIC HEARING 63 (c) Application Contents. An application for an annual or an administrative temporary use permit shall contain the following materials. (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. (2) Site drawing. A drawing illustrating the characteristics of the site and surrounding area that are pertinent to the application, including its location, significant natural and man-made features, with particular attention to natural hazards, resources or other special areas of concern, the size and accessibility of 1 the site and surrounding development and land use. s Unnecessary W e (3) Notice of traff ic disruption. Should the event involve major disruptions in normal traffic flow, the applicant shall provide evidence as to how the event will be brought to the attention of the general public, specifically outlining the areas 64 where any rerouting will occur. (4) Liquor license. Evidence that a liquor license or any other necessary Town application has been submitted to the Town Clerk, whenever applicable. (5) Approval by landowner. If the applicant is not the landowner, then the applicant shall present evidence to show approval of the landowner for the . particular use. (d) Review Standards. An application for an annual or an administrative temporary use permit shall comply with the following standards. (1) Use shall be appropriate. The proposed temporary use shall be appropriate in the particular location, taking into consideration the nature of the use, its relationship to surrounding land uses and its impact with respect to environmental, social and economic matters. ' (2) Use shall comply with policies and regulations. The proposed temporary use shall comply with the Town's adopted policies and regulations, and shall not violate any applicable state, county or federal laws. (3) Applicant's skills and experience. The applicant shall demonstrate that he or she P ossesses the requisite skill and experience to ensure that the particular activity will be conducted in a safe and orderly manner. (4) Written approval. The applicant shall obtain written approval from all 65 li reviewing agencies having jurisdiction over the proposed temporary use. (e) Conditions Authorized. In granting a temporary use, the Planning Director or Town Council may impose reasonable conditions upon the permit, but shall in any event require the applicant to abide by at least the following conditions: (1) Disruptions in traffic. Should the event involve major disruptions in normal traffic flow, the applicant shall bring notice of the event to the attention of the general public. Said notice shall specifically outline the areas where any rerouting will occur. i (2) Liquor license. Should the event involve obtaining a liquor license, the applicant shall comply with all applicable Town liquor license requirements. (3) Other considerations. Such other considerations as may be necessary including, but not limited to, provision for a damage or clean-up deposit, additional fees, hours of operation, sanitation requirements, traffic control, parking, transportation and provisions for utility service. (f) Penalties. Violation of any term or condition of an annual or an administrative temporary use permit by the permittee, its agents or employees shall subject the permittee to the penalties set forth in Section 1-72 of the Municipal Code. In addition, where probable cause exists to suspect that a violation of any term or condition of a temporary use permit will pose a threat to public health, safety or welfare, the Chief of Police is hereby authorized to revoke a temporary use 66 permit and to require that any activity authorized thereby cease and desist immediately. (Ord. 4-1998 §i) Division 3. Planned Unit Development Sec. 16A-5-300. Purpose; overview; general restrictions. (a) Purpose. The purpose of the planned unit development (PUD) process is to permit variations from the strict application of the standards of the Town's zone districts in order to allow flexibility for landowners to creatively plan for the overall development of their land and thereby, to achieve a more desirable environment than would be possible through the strict application of the minimum standards of this Development Code. Specifically, it is the purpose of the planned unit ' development process to: (1) Allow creativity. Allow a creative approach to the development and use of land and related physical facilities to produce better developments and to obtain amenities for the public. I (2) Allow variations. Allow a developer variations from certain requirements of the underlying zone district, provided such variations are consistent with the Comprehensive Plan, and will result in benefits for the community. 3 Maximize choice. Maximize choice in the type of environments available to the public. 67 (4) Preserve natural features. Create patterns of development that preserve valued environmental resource lands and avoid the development of natural hazard areas. (5) Efficient land use patterns. Relate residential, commercial and community facilities in a manner that promotes cost effective transportation systems and population distribution, and enhances pedestrian access and movement that might not otherwise be achieved under the strict application of the requirements of underlying zoning. (6) Ensure public input. Ensure appropriate levels of public input to the planning process,rocess, so sensitive areas of the community can be developed in ' accordance with community goals and objectives. {b) Overview of PUD Procedure. A PUD application shall be reviewed pursuant to the procedures and standards of this Section. The procedures applicable to a particular PUD are dependent on whether the project is classified as a minor or a major PUD. The criteria for classifying projects as major or minor are described in Table 5-3, Criteria for Classifying PUD's as Major or Minor. If a proposed development activity does not fit within the criteria listed in the table, then the Planning Director shall determine whether the proposal should be classified as a major or minor development, taking into consideration whether or not it would be beneficial for the Town to review a sketch plan of the proposed development. 68 TABLE 5-3 CRITERIA FOR CLASSIFYING PUD'S AS MAJOR OR MINOR e A major PUD is a project that A minor PUD is a project that meets any of the following criteria: meets all of the following criteria: New Development New Development 1 • Contains more than four (4) Contains no more than four dwelling/hotel/lodge or other (4) dwelling/hotel/ J'1' residential units. lodge or other residential units. ' • Contains more than four Contains no more than four thousand (4,000) sq. ft. of thousand (4,000) nonresidential space. sq. ft. of nonresidential space. Additions/Re-Development Additions/Re-Development • Adds no more than six (6) dwelling/hotel/lodge or other • Adds more than six (6) residential units. 69 dwelling/hotelAodge or other Increases the existing floor residential units. area or footprint of a • Increases the existing floor area nonresidential building by no or the footprint of a nonresidential than ten percent (10%). building by more than ten percent (10%). (1) Steps in PUD review process. A major PUD shall be processed according ' to the following review steps, as further described herein: (� a. Sketch PUD plan review by the Planning Commission and Town Council. W b. Preliminary PUD plan review by the Planning Commission. fc. Preliminary PUD plan review by the Town Council. d. Final PUD plan review by the Town Council. A minor PUD shall be processed according to the same review steps as a major PUD, except that a minor PUD shall not be required to proceed through sketch PUD plan review. (2) Description of steps in PUD review process. The basic intent of each of the steps in the PUD review process is as follows: 70 a. Sketch plan. The sketch plan review step is an opportunity for the Town and the applicant to engage in an exploratory discussion of a development proposal, to raise issues and concerns and to examine alternative approaches to development of the property. The applicant is encouraged to provide a written or graphic description of any alternative ideas that were considered as the sketch plan was being prepared. It should be expected that the development proposal may evolve during the course of sketch plan review. To encourage the consideration of alternatives and to allow the sketch plan to evolve, overly detailed preliminary plan level sketch plans will not be considered. The questions the Planning Commission and Town Council should consider in a conceptual manner during review of the sketch 1 plan (depending upon the size and complexity of the proposal) include the following: 1. Use. Is the use proposed for the property generally appropriate in this ' location? Is it consistent with the intent of the underlying zone district and the character of surrounding uses? 2. Comprehensive Plan. Is the proposed development generally consistent with the Town's Comprehensive Plan? Is the proposed buildout within the range anticipated for the property? If the applicant proposes a buildout in excess of eighty-five percent (85%) of that identified in the Comprehensive Plan, then are the community purposes the applicant 71 proposes to achieve the appropriate ones for this development to accomplish? 3. Architecture and landscaping. Are the buildings proposed to be developed in appropriate locations? Is the mass, scale and density of the buildings generally compatible with the character of the community and that of surrounding buildings? How much of the site is proposed to be common or dedicated open space? Is this an adequate amount of open space and does it appear to be in the appropriate locations? r 4. Natural resource and hazard areas. What are the natural resource r and hazard areas on the property? Is mitigation appropriate? 5. Access and circulation. Is the conceptual location, alignment and type of entry roads and the primary on-site roads acceptable? Should the applicant provide transportation options for residents, visitors, guests and employees and, if so, what type of options may be most appropriate? 6. Parking. Should the applicant provide on-site parking for the development in compliance with the standards of this Code, or should the applicant reduce parking below these standards, as provided in Section 16A-4-310, Off-Street Parking Standards? 7. Timetable. What is the proposed timetable for the development? Is it most appropriate for the development to occur all at once or in phases? If 72 phasing is appropriate, then which portions of the project should proceed first? 8. Community welfare. Do the concepts contained in the proposed development promote the public health, safety and welfare? b. Preliminary plan. The purpose of preliminary plan review is for the applicant to formulate detailed, properly designed/engineered solutions to the issues and concerns identified during sketch plan review, and to address, in a detailed manner, all other issues that are relevant to the preliminary plan. For minor PUD applications, where no sketch plan was submitted, the purpose of the preliminary plan is to present detailed, properly designed/engineered plans for consideration by the Town and the public. The burden at the preliminary plan stage is on the applicant to provide detailed information and mitigation proposals to be evaluated by the Town and the public. For any PUD application that also involves subdivision or that requires approval of an amendment of the Official Zone District Map, the application for subdivision or rezoning shall be submitted with, and considered at the same time as, the preliminary PUD plan review. The questions the Planning Commission and Town Council should consider in a detailed manner during review of the preliminary plan (depending upon the size and complexity of the proposal) include the following: 1. Response to sketch plan issues and concerns. Has the applicant 73 provided detailed, sufficient and appropriate responses to each of the issues and concerns identified during the sketch plan review? 2. Zone district limitations. Does the proposed development comply with all of the limitations of the underlying zone district? If the applicant proposes to vary any of the property's dimensional limitations, then does the application comply with all of the applicable standards for granting of the variation? 3. Comprehensive Plan. Is the proposed development consistent with I all relevant policies and recommendations of the Town's Comprehensive Plan? If the applicant proposes a buildout in excess of eighty-five percent (85%) of that identified in the Comprehensive Plan, then will the community purposes that are most appropriate to be accomplished by the ' proposed development be achieved. 4. Architectural plans. Are the proposed mass, scale, height, density, volume, materials, colors and detailed design elements of the buildings compatible with, appropriate for or an enhancement of the character of the community and with surrounding buildings? 5. Landscaping and open space. Is the type, amount, size, species and location of proposed landscaping adequate and suitable for the development? Has adequate landscaping been provided as a buffer 74 between uses and around the perimeter of the development? Has the applicant demonstrated that existing vegetation and trees on the site that should be protected will be so protected? Which specific areas of the site will be designated as open space; what is the proposed size, use and landscaping of each area? What are the preliminary plans for the homeowner's association or condominium association to maintain said open space? 6. Natural hazard areas. What is the site specific location and characteristics of any geologic hazards, steep slopes, flood plains and ' similar hazards on the property? Will any of these natural areas pose a potential threat to life or property? If so, what specific measures will be employed to avoid, minimize or mitigate these dangers? ' 7. Natural resource areas. What is the site specific location and characteristics of any wildlife habitat areas, riparian areas, wetlands and other valued natural features on the property? What are the anticipated impacts of the proposed development on these features? Has the proposed development been designed so it will comply with the standards of this Development Code that apply to these natural resource areas? 8. Grading and drainage. What is the extent of soil and vegetation disturbance planned for the site? How will disturbed areas be stabilized both during construction and following completion of the project? Where 75 will excavated materials be stockpiled? Will any retaining structures be employed and, if so, what will be their design specifications and materials? How will stormwater be handled both during construction and following completion of the project? 9. Transportation impact. How many vehicle trips will be generated, and Staff understands that what is the anticipated public transportation ridership from the proposed some Council members may want to have some development? What is the capacity of the intersections that the proposed of this information presented at sketch plan. development will impact? What will be the impacts of the proposed What specific information would you development on the Town's public transportation system, road capacities like at sketch plan? and parking facilities and how will these impacts be mitigated? What * measures will the project employ to ensure that following development, roadways within the Town will continue to function at the adopted level of I service standard? Have roads on- and off-site been designed in a safe and efficient manner, to connect the site to other activity areas and destination points? 10. Necessary facilities. Has the applicant provided detailed engineering plans and reports demonstrating the type, location and capacity of the water supply, sewage disposal, solid waste disposal, fire protection and other necessary facilities that will be constructed to serve the project? Will these facilities be available in a timely manner to serve the project? 11 . Restricted housing. What is the specific mix and configuration of 76 housing that will be provided to meet the Town's restricted housing requirements? What guarantees has the applicant agreed to provide to ensure that such housing will be available at the time it has been required by the Town? 12. Fiscal impact. Will the proposed development have a positive or negative fiscal impact upon the Town and other taxing districts that provide services to it? If the proposal is shown to have a negative fiscal impact, then what measures will the applicant employ to mitigate those costs? ' 13. Energy conservation. What will be the energy utilization of the _ significant energy-consuming elements of the project (such as heating f► systems, swimming pools, saunas, jacuzzis, etc.). What specific active and passive techniques will the development employ to promote energy conservation and take advantage of solar and alternative energy source ' opportunities? 14. Air quality. What will be the primary sources of air pollution from the project? What will be the quantity and composition of pollutants that will be discharged on a daily and seasonal basis and what are the dispersal qualities of the site that will aff ect the pollutants that are generated? What geographic area will be impacted by these pollutants? What techniques will the development employ to reduce the impacts of these pollutants? 77 15. Construction management plan. What is the proposed plan for p 9 project?phasing of the What is its construction schedule? What j measures will be employed to mitigate construction impacts? 16. Community welfare. Does the proposed development in its totality promote the public health, safety and welfare? c. Final plan. The purpose of final plan review is for the applicant to provide the Town with documentation of how the PUD will comply with all of the representations made during the application process, and will address all issues or concerns raised during that process. This documentation shall include a final development plan, a guarantee of public improvements and covenants, as applicable. The final development plan shall specify the zone district limitations and development regulations that will guide the future development of the property. This may be referred to as the "PUD Guide." The questions the Planning Commission (if required) and Town Council should fully resolve during review of the final plan (depending upon the size and complexity of the proposal) include the following: 1 . Response to preliminary plan conditions. Has the applicant provided detailed, sufficient and appropriate responses to each of the conditions identified applied to the preliminary plan? 2. Agreements and guarantees. Has the applicant submitted an 78 adequate subdivision improvements agreement and pledge of security to guarantee the performance of any public improvements required by the Town? 3. Other plans and documents. Has the applicant submitted such other documents (final development plan, final landscaping plan, final grading plan, final utility plan and final architectural plan) that set out the specifications for all relevant features of the development proposal? Has a final version of the homeowner's association or condominium association documents or covenants been submitted, describing how the association ' will maintain any common open space? (3) One (1) major PUD under review. Unless otherwise authorized by resolution of the Town Council, there shall only be one (1) major PUD application under review by the Planning Commission and one (1) other major PUD application under review by the Town Council at any time. The Planning Director shall formulate procedures to administer this policy, based on the following provisions: a. Priority to first complete application. Scheduling priority shall be given to the first complete major PUD application received, provided that: (1) any project that has received sketch plan approval shall receive scheduling priority upon submission of its preliminary and final plan applications; and (2) any major PUD application that the Town Council determines serves a public 79 purpose shall receive scheduling priority over all other development applications. b. Requests for additional information. In order to allow for development review to proceed in a timely and fair manner, applicants who are requested by the Planning Commission or Town Council to submit additional information or to amend their application which are necessary for the uninterrupted continuous review shall submit a complete package of the requested materials to the Planning Director at least seven (7) days prior to the next scheduled meeting of that y board. If an applicant does not submit the requested fmaterials in a timely manner, the next prioritized application will be scheduled before that review y board. However, once the applicant submits a complete package of the requested materials to the Planning Director, the application shall receive scheduling priority over all other development f applications. The provisions of this paragraph shall also apply to a submission being processed under the provisions of Chapter 16. c. Sketch plan review accommodation. If the processing status of an existing application with scheduling priority allows, the Planning Director may schedule a new sketch plan application for review before the Planning Commission or the Town Council at meetings that do not delay the processing of the existing application. (c) General Restrictions. Although one (1) of the purposes of these PUD 80 regulations is to provide flexibility in the land development process, this Section is intended to define the limits of that flexibility. The following restrictions shall apply to all PUD's: (1) Minimum land area. There shall be no minimum land area qualification in order to be eligible to apply for a PUD, provided that PUD approval shall not be granted solely to permit variations to develop a single lot, building or use. (2) Location. A PUD may be developed on any land located within the Town. (3) Uses. The land uses permitted in a PUD shall be limited to those uses that ' are allowed, or are allowed by special review, in the underlying zone district. (4)Maximum buildout. The Comprehensive Plan contains an analysis of future buildout of single-family subdivisions and other developments within the Town limits. It identifies the maximum number of future lots/units and commercial/other space that may be developed within each subdivision or other development. FUTURE # of FUTURE Lots Commerical Square Footage 81 SINGLE FAMILY SUBDIVISIONS WEST WOODBRIDGE ADAMS RANCH 3 0 DIVIDE 40 0 DIVIDE CABIN 1 1450 HIDDEN MEADOWS 4 0 WILDCAT RIDGE 2 0 WOODRUN I 109 0 WOODRUN II 10 0 WOODRUN III 6 0 WOODRUN IV 6 0 WOODRUN V 9 0 190 EAST WOODBRIDGE FARAWAY RANCH (PARCEL M) 1 0 MELTON RANCH 1 58 0 MELTON RANCH 11 51 0 MELTON RANCH III 22 0 RIDGE RUN 1 71 0 RIDGE RUN 11 16 0 RIDGE RUN 111 60 0 82 RIDGE RUN IV 40 0 WILDCAT RANCH 14/42 0 WILDCAT VISTA ` 3 0 WILDOAK 13 0 WILDRIDGE 1 15 0 WILDRIDGE II 47 0 411 RODEO CROSSINGS 35 0 HORSE RANCH 96 0 RODEO (private) 1 SEVEN STAR " 2 0 134 f SINGLE FAMILY SUBDIVISIONS EAST VILLAGE COUNTRY CLUB 1 32 0 COUNTRY CLUB If 4 0 83 FOX RUN 25 0 GRACIE'S CABIN 2 0 THE PINES 51 0 TWO CREEKS 51 0 165 900 0 PARCELS WEST WOODBRIDGE amp Aspenwood 55 0 Assay Hill 20 ' Base Village 200 Brush Creek Apts. 27 Burlingame 0 Burlingame Cabin 0 Campground 0 0 Carriageway Apts. 14 0 Chamonix C Woodrun 30 0 Conoco 0 Creek Valley 0 0 84 Creekside Apts. 72 Crestwood 141 0 Divide (Parking 1) 0 Divide (Parking 2) 0 Divide 'VMF' 20 Draw (Parcel C & D) 60 0 Draw (Parcel E) 0 0 Draw (SLC) 0 15000 Enclave 40 0 IFaraway North (Center) 30 0 Hoaglund Ranch 1 Interlude 30 0 Krabloonik 2 15000 Laurelwood 59 0 Lichenhearth 44 0 Mountain Chalet 77 Mountain View 156 0 Orthopedic Assoc. Med. Clinic 2 Palisades 26 0 Pokolodi Lodge 55 0 Shadowbrook 29 0 85 Silvertree Hotel 296 Snowmass Center 15 53997 Snowmass Conference Center 0 Snowmass Inn 43 PARCELS WEST WOODBRIDGE Sonnenblick 7 0 f Stonebridge 102 0 Stonebridge Inn 114 2682 SVRA Pool Facility 0 Tamarack 40 0 ' Terracehouse 33 0 Timberline 112 Top of the Village 123 Top of the Village Gatehouse 8 0 Wildcat Slope 0 0 Wildwood Lodge 172 Willows, Center 44 0 Willows, Lower 27 0 86 Woodrun Place 54 0 Woodrun V (Parcel 7)) 10 Woodrun V (Tract E) 0 Woodrun V Townhomes 45 2435 EAST WOODBRIDGE Anderson Ranch 26 55110 Deerbrook 15 0 Faraway North (Woodbridge) 30 0 Faraway South Parcel K 50 Faraway South Parcel K&N 50 0 Homestead 14 0 ' Melton Extension 0 0 Offices at Snowmass 0 Ridge 36 0 Ridge East 0 0 Ridge Run 1 30 Seasons Four 97 0 Snowmass Chapel & CC 1 20000 Snowmass Mountain 60 0 Snowmass Villas (Blue Roofs) 28 0 87 Snowmass/Wildcat Firehouse 16 117000 Wildcat BLM 0 PARCELS EAST WOODBRIDGE Wildcat Employee Housing 0 Wildoak South 0 0 Wildridge Extension 0 0 Woodbridge 84 0 537 RODEO Horse Ranch Community Park 0 0 Horse Ranch Conservation (Parcel B) 0 Horse Ranch Conservation (Parcel C) 0 Horse Ranch Conservation (Parcel D) 0 0 Horse Ranch Open Space 0 0 Rodeo (private) 30 0 Rodeo (TOSV) 0 0 Seven Star Triangle 0 30 88 EAST VILLAGE Cathy Robinson Park 0 0 Country Club Townhomes 94 0 East Town Entry 0 0 Fairway Three 30 0 Hidden Valley 0 0 Hidden Valley Cemetary 0 0 Little Red Schoolhouse 0 Meadow Ranch 60 0 Meadow Ranch Extension 40 0 • W Owl Creek Townhomes 32 0 Snowmass Club Villas 78 0 ' Snowmass Corporation Offices 0 Snowmass Land Company Offices 0 4250 Snowmass Lodge & Club (Golf Pro Shop) 0 Snowmass Lodge & Club (Par. 12) 23 Snowmass Lodge & Club (Par. 4) 60 Snowmass Water & Sani. 0 Two Creeks Base 0 US West 0 89 PARCELS EAST VILLAGE Villas North 32 0 Snowmass Ski Area 0 White River National River 0 0 Unit equivalency: Buildout Units listed in the chart above shall be calculated as follows: 90 SQUARE UNIT CATEGORIES FOOTAGE EQUIVALENT UNIT SIZE 250 5(0 1000 1500 2000 2500 3000 3500 4000 45W 5000 5500 6000 65W MULTI-FAMILY I Leas Than 1,000 s.f. 0.75 0.75 0.75 MULTI-FAMILY II 1,000 s.t.-1,500 s.f. 1+.05 Per Each Additional 1.00 1.25 100 s.f.Above 1,000 s.f. MULTI-FAMILY III 1,501 s.f.-2,500 s.f. 1.25+.10 Par Eaeh AddkWW 1.75 2.25 100 s.f.Above 1,500 s.f. MULTI-FAMILY IV More Than 2,500 s.f. 2.25+.25 Per Each AddkWW 3.50 4.75 6.00 7.25 8.50 9.75 11.00 12.25 100 s.f.Above 2,500 s.f. SINGLE-FAMILY I Less Than 2,50D s.f. 1.5 1.50 1.50 1.50 1.50 1.50 SINGLE-FAMILY II 2,500 s.f.-4,500 s.f. 1.50+.25 Per Each Additional 17 2.75 4.00 5.25 6.50 100 s.f.Above 2,5W s.f. SINGLE-FAMILY III Mae than 4,500 s.f. 4.50+.5D Per Esoh AddkWW 7.00 9.50 12.00 14.50 100 s.f.Above 4,500 s.f. HOTEULODGING I Less Than 500s.f. 0.50 0.5 HOTEULODGING 11 500 s.f.-1,000 s.f. 0.50+.10 Per Each AddkWW 0.50 1.00 100 s.f.Above 500 s.f. HOTELM1.ODC'ING III More than 1,000 s.f. 1.25+.25 Per Each AddtiaW 2.50 H3.75 5.00 6.25 7.50 8.75 10.00 11.25 12.50 13.75 15.00 10D s.f.Above 1,000 s.f. UM NOTES: 1)THE BASE FACTOR(BOLD NUMBER IN UNIT EQUIVALENT COLUMN)FOR SINGLE FAMILY II WAS REDUCED FROM 2.50 TO 1.50 dmw 2)THE BASE FACTOR FOR SINGLE FAMILY II WAS INCREASED FROM.10 TO.25 ot 3)THE BASE FACTOR FOR HOTEULODGING II WAS REDUCED FROM.75 TO.50 d)NOTE:LAND USE CODE NEEDS PROVISION ADDRESSING CONDOMINIUMIZATION OF HOTEULODGING UNITS. 1 UNIT SIZE 250 1 500 1100011500120001 2500 13000135001 4000145W 15000155001 WWI 6500 MULTI-FAMILY 0.75 0.75 1.00 1.25 1.75 2.25 3.50 4.75 6.00 7.25 8.50 9.75 11.00 1225 SUMMARY CHART SINGLE-FAMILY 1.50 1.50 1.50 1.50 1.50 1.50 2.75 4.00 5.25 6.50 7.00 9.50 12.00 14.50 [WORKSHEET 5.1 HOTEULODGING 0.5 0.50 1.00 2.50 3.75 5.00 6.25 7.50 8.75 10.00 11.25 12.50 13.75 15.00 (5) If the Town Council determines that the PUD complies with the applicable provisions of this Subsection (c), General Restrictions, the standards of Section 16A-5-310, Review Standards, and any other applicable provisions of this Code, then a PUD may develop up to, but not Change asrecommend bystaff. more than, seventy-five eighty-five percent 75% (9%) of the maximum number of future lotslunits and commercial/other space identified for that subdivision or other development in the buildout analysis. The Town Council may approve a buildout that is less than or greater than seventy- five eighty-five percent 75% (95%), based on the following standards: a. Lesser buildout. A lesser buildout may be approved by the Town if, during the evaluation of the compliance of the PUD with the applicable review standards, it is determined that there are site specific physical constraints on the property that would limit its buildout, (such as the presence of wetlands, flood plains, steep slopes or wildlife habitat), or the applicant has been unable to adequately provide public improvements or services necessary for the development, or the buildout would be incompatible with surrounding land uses or with the character of the community as described in Section 16A-4-340, Building Design Guidelines to Preserve Community Character, or if other pertinent limitations are identified. b. Greater buildout. A greater buildout, of up to but not more than one- 94 hundred percent (100%) of the maximum number of future lots/units and commercial/other space listed for that subdivision or other development, may be approved if the Town Council finds that the PUD achieves one (1) or more of the purposes described in Subsection (c)(6), Community Purposes for PUD's, and the PUD complies with the other applicable provisions of this Subsection (c), General Restrictions, the standards of Section 16A-5-310, Review Standards, and any other applicable provisions of this Code. (5) Dimensional limitations. Certain dimensional limitations applicable to the property may be varied within a PUD. The limitations that may be varied are those of the underlying zone district, or, for properties for which a PUD or other development plan has previously been approved, the limitations set by that approval. For any property designated PUD or SPA without an underlying zone district, the PUD process shall be used to establish the applicable dimensional limitations for the property. Only the following dimensional limitations may be varied: a. Maximum allowable height of any structure within the PUD; b. Minimum open space requirement for the PUD; c. Maximum allowable floor area of the PUD; d. Minimum area of lots within the PUD; and 95 e. Minimum setbacks for buildings within the PUD. A dimensional limitation may be varied when the Town Council finds that the PUD achieves one (1) or more of the applicable purposes listed in Subsection (c)(6), Community Purposes for PUD's, that granting of the variation is necessary for that purpose to be achieved, and that the resulting development will be consistent with the provisions of Subsection (c)(7), Standards for Granting of Variations, and Section 16A-5-310, Review Standards. (6) Community purposes for PUD's. The Comprehensive Plan identifies Recom mended bystaff certain purposes the community intends to achieve as it develops. The following purposes shall be used in determining whether the buildout for a PUD may exceed seventy-five effighty five percent 75% (9") of that identified in the buildout analysis and whether any of the parcel's dimensional limitations should be varied: ' a. Provision of restricted housing. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to offer an incentive to applicants to provide more restricted housing within the PUD than would otherwise be required for the development by this Development Code, particularly in those priority locations for such housing identified within the Comprehensive Plan. 96 Deletion recommended by staff, no definition of what this means sustainable develgpMeRt within the Town that helps to diveFsify the mix 9 or how credit would be applied Gempr,ehensive Plan. ledging, c. Provide open space and/or avoid wildlife habitat. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to provide necessary site planning flexibility to enable the development to provide greater open space or to conserve critical wildlife habitat lands. This shall be accomplished in such a way as to maintain these lands as large, contiguous fareas. Such lands shall not be fragmented into small, unconnected areas by *a• development, unless the applicant demonstrates that this arrangement will Oresult in the most suitable development pattern for the property, and that the ' lands providing valued open space or critical wildlife habitat have been protected. Where applicable, connections of such lands on the site to such lands on adjacent properties shall be accomplished. d. Encourage better design. A parcel's dimensional limitations may be varied (but its maximum buildout may not be achieved) to allow for greater variety in the type, design and layout of buildings. Structures shall be designed to be compatible, in terms of height, mass, scale, orientation and configuration, with other buildings in the PUD and with surrounding uses, yet shall avoid uniformity of design. Various types of residential uses may be combined within 97 the PUD (when allowed by the underlying zone district), to promote more efficient land use patterns and increased open space. e. Develop necessary public facilities. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to provide an incentive for an applicant to develop, or contribute to the development of, necessary public facilities, such as public parking and transportation facilities, public recreation facilities and other public facilities. The facilities may be located within, or outside of the PUD, but shall be facilities that meet the needs not only of project residents, but also of other residents of .� and visitors to the Town. Specific facilities must be located and designed 6` in a way that meets community needs as defined and approved by the ' Town Council. Facilities that will be consider— the Town Council include: ii. Rodeo Grounds/Entryway CPA. Wan information center; (b) intensification of the recreational uses including playing fields, pedestrian and bike trails expanded golf course and a recreation center; (c) intersection improvements; (d)an improved parkinq area containing six hundred fifty (650) spaces; (e) an improved transit center: 98 i (f)relocated welcome booths; (g)enhancement of the rodeo grounds and arena; (h)preservation of the open Pastures/open setting; enhancement of the pond and Brush Creek; ii. Faraway Ranch South CPA. (a) Faraway Road/Brush Creek Road intersection improvements; (b) connection to the Snowmass Center and the Base area. (c) mixed use recreation and community center at the base of Assay H Faraway Ranch North CPA. (a)improved mobility/connectivity/pedestrian orientation to Base Village ' and the Mall (b)preservation of the open space in the upper and middle part of the draws behind the Snowmass Center; and (c)preservation enhancement and development of trails and other ' recreation areas. (d)enhanced access to surrounding properties; (e)inclusion of public uses including post office grocery and Town Hall (f) creation of an informal meeting place for the community; ii. Base Village CPA. 99 (a)creation of an integrated Town Core connecting Base Village, the Snowmass Center and the Mall with improved vehicular/pedestrian mobility; (b)public spaces/amenities; (c)operation of the area on a multi-season basis: (d)informal and formal community meeting place: (e)maintenance of views of the ski area from Brush Creek Road; (f) enhanced transit and redesigned parkina facilities. (g)commercial uses that could provide the opportunity for individual ' ownership: (h)access and improvements to the Brush Creek riparian corridor: Standards for granting of variations. Any POD that requests any of the variations authorized in Subsection (c)(5), Dimensional Limitations, shall also comply with the following standards: a. Height. A request to increase the maximum allowable height for any building or structure may be approved by the Town Council, provided at least fifty percent (50%) of a building or a structure within the PUD conforms to the height limits of the underlying zone district. b. Open space and minimum lot area. A variation to reduce the minimum open space requirement or to reduce minimum lot area (in order to cluster lots) 100 may be permitted if: (1) such variation will not be detrimental to the character of the proposed development or to surrounding properties; (2) the proposed development shall include open space for the mutual benefit of the entire development; and (3) the open space that is provided is accessible and available to at least all dwelling units and lots for which the open space is intended. c. Minimum building setbacks. Minimum building setbacks shall be established by the PUD plan, provided adequate distance shall be left between buildings for necessary access and fire protection, and to ensure proper ventilation, light, air and snowmelt between buildings, and to minimize the OIL' effects of transmission of noise between units and between buildings. (8) Parking. The number of parking spaces in the PUD shall be that required for the underlying zone district, unless a reduction in that requirement is granted, pursuant to Section 16A-4-310(c), Reduction of Required Parking. (9) Road standards. A PUD may be permitted to deviate from the Town's road standards, to enable the development to achieve greater efficiency of infrastructure design and installation through clustered or compact forms of development or to achieve greater sensitivity to environmental features, when the following minimum design principles are followed: a. Safe, efficient access. The circulation system shall be designed to 101 provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right- of-way, private vehicular or pedestrian way or a commonly owned easement. b. Internal pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off-site. c. Emergency vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for i. installation, maintenance and repair of utilities. d. Principal access points. Principal vehicular access points shall be ' designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall be discouraged when other reasonable access options are available. e. Snow storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. (Ord. 4- 1998 §1; Ord. 13-1998 §1; Ord. 1-1999 §1; Ord. 6-1999 §1) 102 Sec. 16A-5-310. Review standards. In addition to demonstrating its compliance with the provisions of Section 16A-5- 300(c), General Restrictions, and with all other applicable provisions of this Code, a proposed PUD shall also comply with the following review standards. (1) Consistency with Comprehensive Plan. The PUD shall be consistent with the intent of the Town's Comprehensive Plan. (2) Preservation of community character. The development proposed for the PUD shall be consistent with the standards of Section 16A-4-340, Building ' Design Guidelines to Preserve Community Character, shall be compatible with, or an enhancement of, the character of existing land uses in the area and shall Wnot adversely affect the future development of the surrounding area. (3) Landscaping. Proposed landscaping for the PUD shall provide sufficient buffering of uses from one another (both within the PUD and between the PUD and surrounding lands) to minimize noise, glare and other adverse impacts, shall create attractive streetscapes and parking areas and shall be consistent with the character of the Town. (4) Comply with development evaluation standards. The PUD shall comply with all applicable provisions of Article IV of this Development Code, Development Evaluation Standards. 103 (5) Suitability for development. The property proposed for the PUD shall be suitable for development, considering its topography, environmental features and t any natural or man-made hazards that affect its development potential. (6) Adequate facilities. The applicant shall show that: (a) adequate facilities will be provided to the PUD for water supply, sewage disposal, solid waste disposal, electrical supply, fire protection, roads and pedestrian circulation; (b) the convenient in relation to police reasonably p PUD has been located so as to bee y and fire protection, emergency medical services and schools; and (c) the PUD will accommodate the efficient provision of transit facilities and services. (7) Spatial pattern shall be efficient. The PUD shall be located to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or that require duplication or premature extension of public facilities. a. Roads. Any new road developed to serve the PUD shall be continuous + and in alignment with existing platted streets to which the street is to be 6` connected. Where appropriate, new streets shall be planned so that they can create an interconnected Town road network, with provision for adequate road ' and utility easements. Where cul-de-sacs are used in the development, the applicant is encouraged to provide a trail or similar pedestrian link between them. b. Water and sewer lines. Any water or sewer line extension necessary to 104 serve the PUD shall be consistent with the Snowmass Water and Sanitation District's service plan and the Town's Comprehensive Plan. (8) Phasing. If the PUD is to be developed in phases, then each phase shall contain the required streets, utilities, landscaping and other improvements that are necessary and desirable for residents of the project. If the PUD incorporates any amenities for the benefit of the Town, such as trail connections, these shall be constructed within the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. (Ord. 4-1998 §1; Ord. 13-1998 §1; Ord. ' 1-1999 §1) goo Sec. 16A-5-320. Sketch plan review procedure. The following procedures shall apply to an application for review of a sketch PUD plan. These procedures are illustrated in Figure 5-3, Sketch PUD Application Procedures (1) Pre-application conference. Attendance at a pre-application conference is .mandatory prior to submission of an application for sketch PUD plan review. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-330, Sketch Plan Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as 105 specified in Section 16A-5-50, Staff Review of Application. Public notice that the Planning Commission and Town Council will hold a joint hearing to consider the application shall be given by publication, mailing and posting of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. (4) Joint meeting. A complete copy of the application shall be forwarded to the Planning Commission and Town Council, together with a copy of the staff review. The Planning Commission and Town Council shall hold one (1) joint meeting to hear the initial presentation of the application by the applicant. Thereafter, the Planning Commission shall conduct its review of the application. i (5) Resolution. Upon completion of its review of the application, the Planning Commission shall, by resolution, provide direction to the applicant on the sketch .� plan. The resolution shall either authorize the applicant to submit a preliminary ' plan or shall state that the applicant must submit a new sketch plan prior to proceeding to preliminary plan review. When preparing the resolution, the Planning Commission shall consider all relevant materials and testimony, and whether the application is generally consistent with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. a. Resolution authorizing preliminary plan. If the resolution authorizes the applicant to submit a preliminary plan, then the resolution shall identify any aspects of the sketch plan that should be modified for the preliminary plan to be acceptable to the Town, and the types of modifications the applicant should 106 consider. The resolution shall also identify any other issues the applicant should consider when preparing the preliminary plan, the materials the applicant will be required to submit and the studies the applicant will be required to conduct. b. Resolution requiring new sketch plan. If the resolution states that the applicant must submit a new sketch plan prior to proceeding to preliminary plan review, then the resolution shall identify any areas of disagreement between the Town and the applicant, including those standards of the Development Code or elements of the Comprehensive Plan with which the sketch plan failed Q to comply. 1 (6) Town Council action. The Planning Commission's resolution shall be forwarded to the Town Council. The Town Council shall hold a public hearing to consider the application and the Planning Commission's resolution. The public hearing shall be conducted pursuant to Section 16A-5-70(2), Conduct of Public Hearing. The Town Council shall prepare its own resolution taking action on the application that may accept the Planning Commission's resolution, or that may modify any aspect of said resolution. When preparing the resolution, the Town Council shall consider all relevant materials and testimony, and whether the application is generally consistent with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. (7) Effect of resolution. Adoption of the sketch plan resolution by the Town 107 shall not constitute approval of a PUD, or permission to proceed with construction of any aspect of the development. Such action shall only constitute authorization for the applicant to submit a preliminary PUD, in accordance with the representations made by the applicant and in response to the direction on the sketch plan provided by the Town in the resolution. (8) Expiration. The applicant shall be required to submit the preliminary plan application within twelve (12) months after the date of approval of the resolution. Failure to submit the application within this time period shall render the resolution null and void, and require the applicant to submit a new sketch plan for review by the Town. The Town Council may, at its sole discretion and for good cause shown, grant an extension of the deadline to submit a preliminary plan application, provided that the applicant requests the extension in writing no less than thirty (30) days prior to such lapse. 1 108 FIGURE 5-3 SKETCH PUD APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (MANDATORY) SUBMIT APPLICATION i STAFF PUBLIC f R AFW NOTICE JOINT PLAN.COMMJ TOWN COUNCIL 1p PUBLIC HEARING PLANNING COMMISSION RESOLUTION tAPPLICANT PUBLIC HEARING E TOWN COUNCIL RESOLUTION AUTHORIZE SUBMISSKNN OF PRELIMINARY PLAN OR 109 (Ord. 4-1998 §1; Ord. 6-1999 §1) Sec. 16A-5-330. Sketch plan application contents. The sketch PUD plan application shall contain the following materials: (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. (2) Location map. A map showing the location and size of the site, and existing land uses, zone districts and major roads within three hundred (300) feet of the site. The name, location and boundaries of any subdivisions that are part of the larger tract shall also be shown. � Y .� (3) Statement of objectives. A written description of the proposed Co development. This shall include a statement of the objectives to be achieved by the planned unit development and a conceptual description of any proposed variations from the standards of the underlying zone district that are being requested. (4) Sketch plan. A sketch development plan, which shall include the following: a. General. The property boundaries of the site, title of the proposed development, date of preparation, bar-type or graphic scale and north arrow (designated as true north). 110 b. Site characteristics. Existing site characteristics, showing existing groves of trees and other major types of vegetation, wildfire hazard areas, wildlife habitat areas, streams, floodplains, drainage ways, topography (depicted at a minimum of ten-foot contour intervals), areas of natural and disturbed slopes in excess of thirty-percent grade, prominent ridgelines, avalanche areas and any other prominent geologic hazards or features. c. Utilities. Approximate locations of existing major utility lines and easements, irrigation ditches, bridges and similar physical features, and existing development on adjacent property. Conceptual plans for water supply, sewage disposal, fire protection and drainage facilities shall also be provided, which plans may be in a prose format. d. Proposed land use. General location and configuration of proposed land use types, including setbacks and common and public open space. The plan ' shall show the proposed lots or development tracts and street layout, indicating the approximate area of individual lots or tracts, access to the property, to existing streets and plans for pedestrian connection of proposed streets g P P circulation and trails. If the applicant intends to develop the PUD in phases, then the sketch plan shall provide a land use master plan for the applicant's entire land ownership, unless the applicant shall demonstrate to the Town Council, at its sole discretion, that preparation of a land use master plan for the entire ownership would place an unreasonable burden on the applicant or would be premature at this time. Following approval of the sketch plan, the applicant may, if so authorized by the Town Council, submit the preliminary plan in phases and need not submit detailed land use information for the entire ownership in order to be deemed to have submitted a complete preliminary plan. (5) Simple sketches. Simple sketches, massing diagrams or models with no Underrsfik fAXe fenestration or architectural details, which show building mass, scale and height L:OWd plem bL'I(S in a conceptual manner in relation to natural features, and the relationship of the ftM,, t4tw tb I wak various development components to their respective sites, the surrounding area &VA H645 IN 'ytc O I and each other. IF 10� 10 (.�`fd.t Ok4a ? (6) Summary. A sketch plan summary containing the following: a. Type. A description of the type of dwelling units. ' b. Size. The average square footage of all dwelling units proposed by type of unit, the total square footage of all structures, the approximate number of bedrooms and the gross residential density in units per acre. c. Floor area. The ratio of the total floor area of all structures proposed to the area of land within the development. d. Population. The anticipated population to be generated by the development (permanent residents, employees and tourists). 112 e. Market. A general statement of the target market and form of ownership for the dwelling units. f. Open space. The amount of common and/or public dedicated open space. g. Height. The maximum and average height of all buildings and structures. h. Employees. The number of employees required to operate the proposed development, together with a calculation of employee housing requirements and a conceptual proposal for how required employee housing will be provided. r 4 i. Water supply and sewage disposal. Source of domestic water supply and general means of sewage disposal. j. Access and easements. Evidence of the existence of legal access to the property, together with a description of any existing easements and covenants affecting any land within the subject property. k. Parking, circulation and transit. The anticipated number of parking spaces, the proposed locations of these spaces and a statement of whether the project will comply with the underlying zone district standards or is requesting a variance from those standards. Additionally, a conceptual plan setting forth on- and off-site circulation patterns and any transit facilities 113 associated with the project. I. Timetable. The proposed timetable for development, identifying the number of anticipated PUD filings. (Ord. 4-1998 §1; Ord. 1-1999 §1; Ord. 6- 1999 §1) Sec. 16A-5-340. Preliminary plan review procedure. The following procedures shall apply to an application for review of a preliminary PUD plan. These procedures are illustrated in Figure 5-4, Preliminary PUD ' Application Procedures. .EW . (1) Pre-application conference. Attendance at a pre-application conference is 1 .mandatory prior to submission of an application for PUD preliminary plan review. ' (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-350, Preliminary Plan Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. Public notice that the Planning Commission will hold a hearing to consider the application shall be given by publication, mailing and posting of notice, pursuant to Section 16A-5- 60(b), Manner and Timing of Notice. A complete copy of the application shall be forwarded to the Commission, together with a copy of the staff review. 114 (4) Planning Commission public hearing. The Planning Commission shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Planning Commission shall consider: all relevant materials and testimony; whether the application complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards; and, when applicable, whether the preliminary plan has responded to the direction given by the Town concerning the sketch plan. Following closure of the hearing, the Planning Commission shall, by resolution, recommend to the Town Council that the ' application either be approved, approved with conditions or denied. (5) Public notice. Public notice that the Town Council will hold a hearing to consider the application shall be given by publication, mailing and posting of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. A ' complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review and a copy of the Planning Commission's recommendation. (6) Town Council public hearing. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Town Council shall consider: all relevant materials and testimony; the Planning Commission's recommendation; whether the application complies with Section 16A-5-300(c), 115 General Restrictions, and Section 16A-5-310, Review Standards; and, as applicable, whether the preliminary plan has responded to the direction given by the Town concerning the sketch plan. Following closure of the hearing, the Town Council shall, by resolution, either approve, approve with conditions or deny the application. If the Town Council approves the preliminary plan, it may require, as a condition of that approval, that the final plan be reviewed by the Planning Commission before it is reviewed by the Town Council. The Planning Commission's review of the final plan shall be accomplished pursuant to Section 16A-5-360(4), Planning Commission Review. f (7) Amendment. If an applicant wishes to amend a submission after a ONO Planning Commission recommendation thereon, such request shall be made in writing and presented to the Town Council during the public hearing. The Town Council shall consider and make a determination as to whether the changes alter the nature of the project from that described in the original submission to such an extent that: (a) the amendment should not be allowed; (b) the amendment should be allowed, but the Planning Commission should have an opportunity to review the amendment and make a recommendation thereon; or (c) the i n proceed without amendment should be allowed and the a o a PP licat should p additional hearings or consideration thereof. If the amendment is not allowed, the Town Council shall continue to consider the application without the amendment in accordance with the provisions of this Section. If an additional Planning Commission recommendation is to be made, the Town Council shall table the 116 application until it has received the Planning Commission's recommendation on the amendment. (8) Remand. An application may also be remanded to the Planning Commission when the Town Council determines that the application has otherwise been altered in a significant manner following the Planning Commission's action on the preliminary PUD. The Town Council shall table the application until it has received the Planning Commission's recommendation on the changes. ' (9) Effect of preliminary plan approval. Approval of the preliminary plan shall not constitute approval of a PUD, or permission to proceed with construction of 09any aspect of the development. Such action shall only constitute authorization for the applicant to prepare and submit a final PUD, in accordance with the ' representations made by the applicant and any conditions applied by the Town upon the preliminary plan approval. (10) Expiration. The applicant shall be required to submit the final plan application within twelve (12) months after the date of preliminary plan approval. Failure to submit the application within this time period shall render the preliminary plan null and void, and require the applicant to submit a new sketch plan for review by the Town. The Town Council may, at its sole discretion and for good cause shown, grant an extension of the deadline to submit a final plan application, provided that the applicant requests such an extension in writing no 117 less than thirty (30) days prior to such lapse. FIGURE 5-4 PRELIMINARY PUD APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE roPTK SUBMIT APPLICATION STAFF P REVIEW PLANNING COMMISSION PUBLIC HEARING ' PUBLIC NOTICE TOWN COUNCIL PUBLIC HEARING TOWN COUNCIL ACTION (Ord. 4-1998 §1) 118 q Sec. 16A-5-350. Preliminary plan application contents. The preliminary PUD plan application shall contain the following materials: (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. ni (2) Preliminary development plan. A preliminary development plan, which shall include the following: a. General. The property boundaries of the site, title of the proposed development, date of preparation, bar-type or graphic scale, north arrow ;= L (designated as true north) and legal description of the property. r iI� �j b. Proposed development. The preliminary plan shall show the proposed r 1— dimensions and locations of all buildings, public and private roadways, existing ' and proposed utility lines and fire hydrants, service areas, emergency vehicle access areas, parking facilities, pedestrian pathways, trails and use areas, common open areas, public open spaces, public transportation facilities, drainage facilities and detention areas, snow storage/removal areas, trash storage areas and other information necessary to allow detailed review of the project design. Existing and proposed contours shall be shown at two-foot intervals, or less. rl� c. Surrounding structures. The preliminary plan shall depict structures and All ' IE d`1, 'Id landmarks within three hundred (300) feet of the site, so as to show the relationship of the proposed development to its surroundings. d. Chart. The preliminary plan shall contain a chart of proposed land uses by acreage, including the percentage of land coverage by each type of use, together with a detailed listing of the following development parameters: 1 . Dimensions. Proposed square footage and height of buildings. 2. Dwelling units. Proposed number of bedrooms; square footage of 1 dwelling units by type of unit; proposed number of dwelling units per acre. 3. Size of commercial space. Proposed square footage of commercial space. 4. Floor area. Proposed maximum allowable floor area (FAR). 5. Parking. Proposed number of parking spaces. 6. Open space. Proposed amount of open space. 7. Restricted housing. Proposed number of restricted housing units, with number of bedrooms and amount of square footage. (3) Comparison to sketch plan. When applicable, a statement shall be provided comparing the preliminary plan to the sketch plan, noting any changes, including those made in response to comments provided by the Town in its 120 review of the sketch plan. (4) Listing of proposed variations. A statement identifying each proposed variation from the underlying zone district standards, describing how the variations conform with those authorized for a PUD. (5) Architectural plans. Preliminary architectural plans for all multiple-family and single-family attached dwellings, hotels and lodges, and other nonresidential buildings. These plans shall include: a. Elevations. Elevations at a vertical scale of not less than one-sixteenth inch equals one foot (1/16" = 1') or larger of all significant facades of the proposed buildings. Building elevations shall be of sufficient detail to indicate building openings, alternate materials proposed for the roof and exterior of the buildings, decks and other architectural features of the buildings, including ' chimneys and mechanical areas and features affecting the roof lines of all proposed buildings. b. Floor plans. Proposed floor plans drawn at a scale of one-sixteenth inch equals one foot (1/16" = 1') or larger of all floors of the proposed buildings showing all living, sleeping, cooking, bathroom and storage areas. Typical floor plans with a floor layout plan may be substituted. c. Block model. A block model illustrating the cubic volume and design philosophy of the above-ground portion of all proposed major structures 121 included in the development. The descriptive materials shall also be sufficient to demonstrate the relationship, in terms of cubic volume, between such proposed structures in the development and other major structures in the immediate vicinity of the development. (6) Landscape plan. A detailed landscape plan, depicting the type, amount, size, species and location of all plant materials, with a planting schedule. The plan shall also include conceptual irrigation plans for landscaped areas if applicable. The plan shall show the location of all existing trees with a trunk circumference of fourteen (14) inches or more measured four and one-half (41/2) feet above the ground and shall indicate which trees are proposed to be removed. Where large groves of trees are to remain undisturbed, single trees need not be located. (7) Fiscal impact report. A report analyzing the anticipated fiscal impacts of the proposed development upon the Town, school district and other taxing districts that provide services to the development. This report shall be based on criteria and assumptions established in advance by the Town, as provided to the applicant prior to the submission. (8) Solid waste disposal plan. A proposed solid waste disposal plan, including the anticipated volume (cubic yards) of solid waste that will be generated by the development, proposed trash container size and location of said facilities. 122 (9) Energy conservation plan. A comprehensive energy conservation plan demonstrating how the development will comply with the provisions of Section 16A-4-330, Energy Conservation, together with a detailed description of the use of solar and other alternative energy resources, including an energy utilization analysis in relation to heating systems, swimming pools, saunas, jacuzzis and other significant energy-consuming project elements. (10) Development in proximity to ski lift. A report, plan or other documentation showing that any development located in proximity to any existing or proposed ski lift complies with all appropriate rules and regulations governing said lifts, including those of the Colorado Tramway Board. (11) Open space map. A map shall be submitted showing all areas to be designated as common open space and the proposed use of each common open ' space area, including size of each area in acres and the size of the total common open space in acres and as a percentage of the total site. In addition, the type, size and general location of the planting and other screening techniques to be used in the perimeter buffer area shall be shown. (12) Homeowner's or condominium association documents. Whenever there is common open space within a proposed development, the following documents shall be submitted in a preliminary form, describing how the homeowner's or condominium association will maintain said open space. 123 a. Articles of incorporation. The form of articles of incorporation of any homeowner's association or other organization to maintain common open space within the development. b. Bylaws. The form of bylaws of any such organization, defining its rights, duties and responsibilities. c. Master deed. A copy of the master deed detailing the rights and privileges of individual owners in the common open space areas. d. Covenants. The language of covenants or easements restricting the use of common open space, together with the language of covenants or agreements requiring homeowners or residents to pay any organization for maintenance of common space, and the language of deed restrictions or other covenants running with the land which provide for the maintenance of common space. (13) Water supply and sewage disposal. Detailed plans and reports describing the location, type and timing of proposed water supply and sewage disposal facilities and lines to be constructed. The report shall describe water conservation methods to be employed and shall provide a detailed estimate of the project's average daily and maximum water requirements and sewer impacts. The applicant shall obtain from the Snowmass Water and Sanitation District a confirmation that, based upon the data submitted for this review, the 124 assumptions, conclusions and calculations from sketch plan review remain valid. In the alternative, the District shall identify those changes or revisions to the conceptual water and sewer reports required as a result of the District's analysis of the preliminary submission. (14) Clearing, grading and drainage plans. A detailed report identifying plans for clearing, grading and drainage including: a. Limits of clearing. The location and defined limits of all clearing and/or removal of vegetation cover. b. Grading plan. Existing and proposed grades at a contour interval of two ` (2) feet or less, based on field survey controls, including location with proposed grades and elevations for all buildings, roads, walks, storm sewers and other drainage structures and devices, retaining walls and other landscape features. The plan shall provide designs for sediment control devices to be employed, including specifications of how graded areas will be stabilized and revegetated after construction is completed. Any changes from the grading and drainage plan submitted with the sketch plan shall be described. (15) Transportation impact analysis. Any development that contains more than ten (10) dwelling units, or more than two thousand (2,000) square feet of nonresidential space, or an addition to a ski area shall analyze the impact of the proposal on the Town's transportation system, road capacities and parking 125 facilities. The applicant shall submit the following information in a manner that permits the Town to evaluate the impacts of the proposed development. a. Daily traffic counts. All total daily traffic counts shall be actual machine counts and not based on factored peak hour sampling. All raw traffic count data, including average daily volumes and peak hour turning movements, shall be provided'in the appendices of the report. b. Trip generation rates. The applicant shall use the following vehicular trip generation rates to calculate the development's impact on the Town road network: One-family dwelling 8.0 trips/dwelling Two-family dwelling 8.0 trips/dwelling i Single-family attached 5.0 trips/dwelling 1 Multiple-family dwelling 5.0 trips/dwelling Hotel/lodge 4.0 trips/dwelling Commercial 40.0 trips/1,000 net sq. ft. Ski area To be determined during PUD review Uses Not Listed Above To be determined by Planning Director 126 The Planning Director shall determine the trip generation rates for uses not listed above by consulting recognized professional publications, or studies completed for resort communities similar to the Town. The Town Council may, upon request by the applicant, accept different trip .generation rates than those listed above, considering whether e any special transit features are planned for the development, or if there are unusual land use, occupancy or other features of the development. c. Existing conditions. The report shall identify the exact limits of the study ' area, which should be determined based on engineering judgment and an understanding of existing traffic conditions at the site. Within the study area, the applicant shall describe existing roadways and intersections, including geometry and traffic control. The report shall describe existing traffic volumes and the existing level of service at intersections and roadway segments. Daily and peak hour traffic counts shall be obtained by the applicant at locations determined by the Town. d. Anticipated ridership. A determination of the anticipated public transportation ridership, using data supplied by the Town's Transportation Department for similar projects with the Town, and the potential cost to the Town for providing public transportation services to the development. e. Trip generation and design hour volumes. A summary table shall be �z� provided listing each type of land use, the number of units or the amount of nonresidential square footage involved, the average trip generation for each use (total daily traffic and a.m. and p.m. peaks) and the resultant total trips generated. f. Trip distribution. The direction of approach for site-generated traffic shall be presented in the report. The technical analysis steps, basic methods and assumptions used shall be clearly stated. g. Trip assignments. Internal trips shall not exceed ten percent (10%) without analytical support to demonstrate how the larger figures were determined. Nongenerated passerby traffic reductions in generation volumes may be considered if applicable. The trip assignment shall include filling out a - copy of the Trip Table (provided by the Community Development Department) for links in the transportation network. h. Existing and projected traffic volumes. The report shall include the following illustrations: 1. Peak hour traffic. Illustrations of current a.m. and p.m. peak hour site traffic (in and out), including turning movements. 2. Future peak hour traffic. Illustrations of future a.m. and p.m. peak hour site traffic (in and out), including turning movements for current conditions and future build out of the project, with background traffic 128 projected five (5) years into the future. 3. Other peak hours. Illustrations of other peak hours that may be critical to site traffic and the road system in the study area. Other peak hours will be mutually agreed upon by the Town and the applicant. i. Capacity analysis. The report shall include a capacity analysis for all public street intersections impacted by the proposed development and for all private property access points to streets adjacent to the proposed development identified in the previously defined study area. The a.m., p.m. and any other possible peak periods shall be tested to determine which peak hours need to Ibe analyzed. Capacity calculations (intersection and roadway segments) shall be based upon the techniques described in the "1985 Highway Capacity Manual," Transportation Research Board, Special Report 209. All capacity analysis work sheets shall be included in the appendices of the report. ' j. Level of service. Level of service "C" or better on all but the ten (10) peak traffic days of the year has been determined to be the acceptable design standard for all intersection and roadway segment operations. The applicant shall propose mitigation measures that are consistent with the Comprehensive Plan, including illustrations of each improvement showing the length, width and other pertinent geometric features for any operation in the transportation network that is caused to exceed a level of service "C by the proposed development. 129 k. Traffic accidents. Traffic accident data for affected street corridors may be required for the study. The study period will normally be three (3) years. Such locations will be specified by the Town. Where this is necessary, estimates of increased or decreased accident potential shall be evaluated for the development, particularly if the proposed development might impact existing traffic safety problems in the study area. Safety improvements shall be proposed where necessary. I. Conclusions. The report shall contain a clear and concise executive ' summary, describing the study's findings. If the analysis indicates unsatisfactory levels of service, a description of proposed improvements to remedy deficiencies shall be included in the executive summary. W ' (16) Air quality analysis. Any development that contains more than ten (10) dwelling units or more than two thousand (2,000) square feet of nonresidential space shall conduct an analysis of the proposed development's impacts on air quality. The analysis shall be prepared by a recognized expert in air pollution and shall include examinations and recommendations concerning those characteristics of the site and the proposed development that could affect air quality, including, but not necessarily limited to, the following: a. Dispersal qualities. Dispersal qualities of the site and the extent to which those qualities are expected to provide for the efficient dispersal of air pollutants generated directly by on-site activities, including such sources as 130 space heating, fireplaces, restaurants, etc., or indirectly by traffic within and around the proposed development site. b. Pollutants to be discharged. Quantity and composition of pollutants expected to be discharged within the site and daily (including peak period portions thereof) or seasonal variation in these characteristics. c. Trip generation and impacts. Estimated current and future trip characteristics, including average daily traffic and peak volumes for each mode on each route linking the site to significant related destinations within the relevant air shed and implied pollutant emissions. Dispersal qualities of routes related to the proposed development site and anticipated effects of any added traffic on air quality on and along such routes or their damages. ' d. Construction impacts. Anticipated air pollution caused by construction of the proposed project, including impacts caused by machinery, clearing of vegetation, rock and earth moving, paving operations, preparation of materials such as gravel, hot mix and cement, and any methods proposed to mitigate such pollution and its effect. e. Special mitigation techniques. A statement regarding any special ecial mitigation related to design, construction methods, operating policies or public or private improvements that would reduce the quantitative or qualitative impacts of pollutants produced by the proposed development and use of the 131 proposed site and their estimated effectiveness and costs to proponents and the public. f. Improvement of site characteristics. A statement regarding any special design construction methods, operating policies or public or private improvements that could improve the proposed development site characteristics relative to air quality of the site and of the estimated effectiveness and costs to the applicant and the public. g. Conform with regulations. A statement regarding the extent to which the proposal and resultant air quality levels (on the proposed development site and f. other portions of the relevant air sheds) will conform with existing federal, state and local air quality regulations and standards with and without any special design features, construction methods, operating policies or public or private improvements. h. Description of area to be impacted. A geographic description of the area expected to be most significantly impacted by air pollutants generated on the proposed development site or generated by increased transportation and other activities related to its development and use. (17) Geologic report. A report evaluating geologic and soils conditions, I din inc :u g a. Potential geologic hazards. A site specific analysis of the geologic 132 characteristics on, or in the vicinity of, the site that could have a significant impact on the proposed development shall be conducted. It shall be prepared by a geologist or engineer who is qualified to map and evaluate geologic hazards and to assess their potential impacts on the development. It shall discuss any recent activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. It shall also include recommendations as to how the development will tavoid or mitigate any dangers posed to life or property from these hazards. Q b. Soils study. A study prepared by a qualified professional describing existing surface and sub-surface soil characteristics on the site, and evaluating the suitability of such soils for the planned construction. 18 Brush Creek impact report. A site specific analysis shall be prepared for lands within the boundaries of the Brush Creek Impact Area, and for lands located outside of the Brush Creek Impact Area whose development is determined to have the potential to impact Brush Creek and its associated riparian habitat. The analysis shall be prepared to comply with the provisions of Section 16A-4-30(d), Brush Creek Impact Report. (19) Wildlife habitat analysis. A site specific analysis shall be prepared for lands designated as sensitive wildlife habitat on the Environmental Sensitivity Map in the Comprehensive Plan and for lands not so designated on the map that are determined to be sensitive wildlife habitat. The analysis shall be prepared to 133 comply with the provisions of Section 16A-4-20(d), Wildlife Habitat Analysis. (20) Construction management plan. A detailed construction management plan describing development phasing, construction schedules and measures for mitigating impacts associated with all aspects of the project. (Ord. 4-1998 §1) Sec. 16A-5-360. Final plan review procedure. The following procedures shall apply to an application for review of a final PUD plan. These procedures are illustrated in Figure 5-5, Final PUD Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional, but recommended, prior to submission of an application for final PUD .� plan review. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-370, Final Plan Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. of its preliminary Ian . If, as a condition rY P 4 Plannin Commission review. P O 9 approval, the Town Council has required that the final plan be reviewed by the Planning Commission, then a complete copy of the application shall be forwarded 134 to the Planning Commission, together with a copy of the staff review. The Planning Commission shall consider: all relevant materials and testimony; whether the application complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards; and whether the final plan is consistent with the approved preliminary plan, and shall, by resolution, recommend that the Town Council approve, approve with conditions or deny the application. (5) Town Council action. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. The Town Council shall consider: all relevant materials and testimony; whether the application complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards; whether the final plan is consistent with the approved preliminary plan; and, when applicable, the Planning Commission's recommendations, and shall, by resolution, approve, approve with conditions or deny the application. (6) Effect of final PUD approval. Approval of the final PUD plan shall confer upon the owner of all or a portion of such property the right to apply for a building permit for development that is consistent with the limitations, restrictions, conditions and parameters set forth in the final PUD plan. Following recording of the final plat, the applicant shall be authorized to convey individual ownership interests. Final PUD plan approval shall remain in effect for a period of up to but 135 not more than three (3) years, unless the time frame is extended by the Town Council. (7) Recording of final plan. Within ninety (90) days of the date of approval of the final PUD plan, the applicant shall submit three (3) Mylar copies of the final plan to the Planning Director, together with any other documents that are to be recorded. The final PUD plan shall also be submitted in a digital form acceptable to the Community Development Department, for incorporation in the Town's geographic information system (GIS). a. Planning Director review. The Planning Director shall review the wow documents to ensure they comply with the terms and conditions of approval, shall obtain signatures for all of the applicable certificates on the final plan and ' shall return the documents to the applicant. b. Recording by applicant. The applicant shall thereafter cause the documents to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. 136 FIGURE 5-5 FINAL PUD APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION A _ STAFF /Vr4 REVIEW CO 4 f PLAN.COMM. ACTION OF REQUIRED) TOWN COUNCIL ACTION (Ord. 4-1998 §1) Sec. 16A-5-370. Final plan application contents. 137 The final PUD plan application shall contain the following materials. (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. (2) Final plat. A final subdivision plat that conforms to the specification of Section 16A-5-280(d)(3), Plat. (3) Other drawings. Final versions of such other drawings as may be required to document the approved final PUD plan, such as the final development plan, ' final landscaping/grading plan, final architectural plan and final utility plan. The final development plan shall specify the zone district limitations and development regulations that will guide the future development of the property. 0 This may be referred to as the "PUD Guide." ' (4) Covenants. A final version of the homeowner's association or condominium association documents or covenants, as applicable, describing how the association will maintain any common open space. (5) Guarantee of public improvements. a. Applicant is responsible for public improvements. The applicant shall be responsible for constructing or providing public improvements that are necessary for the development. The applicant shall also be responsible for submitting a guarantee for said improvements, in a form and amount 138 h Town, as a condition precedent to an final PUD or satisfactory to the o p Y subdivision approval. b. Required public improvements. Required public improvements include: permanent survey monuments, range points and lot pins; paved streets; curbs, gutters, sidewalks, trails and other pedestrian ways; paved alleys; traffic-control signs, signals or devices; street lights; street name signs in accordance with Town design standards; water lines and fire hydrants; bridges or culverts; storm drainage improvements and storm sewers; sanitary sewers; electrical ' lines; telephone lines; natural gas lines; and landscaping. In the event that additional improvements or items are required, they shall also be guaranteed in the manner provided hereinbelow. O 1p c. Subdivision improvements agreement. The guarantee of public ' improvements shall be in the form of a written subdivision improvements agreement and pledge of security for performance of such agreement. The subdivision improvements agreement shall obligate the applicant to make and install, according to a specific schedule, any improvements required by the Town. 1 . Security. The applicant shall secure the faithful and diligent performance of its obligations under such agreement with a pledge of security sufficient to provide a reasonable guaranty of not less than one hundred percent (100%) of the current estimated cost of the improvements 139 described in the agreement, which estimate shall be approved by the Town Engineer. 2. Form of security. The pledge of security may, at the option of the Town, be in the form of a mortgage on real property, cash escrow, security bond, irrevocable letter of credit from a financially responsible lending institution, adequate construction loan commitment on which the Town is permitted to draw, evidence of fully prepaid construction contracts, or any combination of the above satisfactory to the Town; provided that the Town shall have the unconditional and irrevocable right upon default by the ' applicant to withdraw or acquire funds upon demand to partially or fully complete and/or pay for any improvements. In no case shall the Town be O obligated, pursuant to any subdivision improvements agreement, to complete any improvements due to the applicant's default if the security ' should be determined inadequate. 3. Agreement to repair. The subdivision improvements agreement shall contain language by which the applicant agrees to repair any existing improvements damaged during construction and such other items as the Town Council deems appropriate. 4. Partial release of security. The subdivision improvements agreement may provide for the partial release of security as portions of the improvements are completed, provided that no such partial or final release 140 shall be granted until the improvements guaranteed have been inspected and accepted by the Town Engineer and a report of such inspection and acceptance is filed with the Planning Director. The Town Council shall release the amount held for the completed items. The agreement shall make provisions for the Town to retain an appropriate amount in the event of partial releases. 5. Recording. The agreement and pledge of security shall be recorded in the records of the County Clerk and Recorder together with the final plat. d. Warranty. The applicant shall warrant the quality, workmanship and function of all improvements dedicated to the Town, the public or a utility for a period of two (2) years, or until July 1 of the year during which the second O winter terminates after acceptance by the Town, whichever is greater. f e. Default. In the event of default by the applicant, under the terms of any subdivision improvement agreement, no building permit or certificate of occupancy shall be issued within the subdivision until the default is corrected. (Ord. 4-1998 §1) Sec. 16A-5-380. Enforcement of approved PUD plan. (a) Provisions run in favor of Town. To further the mutual interests of the residents, occupants and owners of a PUD, and of the public in the preservation of the integrity of the final PUD plan, the provisions of the plan relating to the use of 141 land and the location of common open space shall run in favor of the Town and shall be enforceable at law or in equity by the Town without limitation on any power or regulation otherwise granted by law. (b) Provisions run in favor of residents. All provisions of the final PUD plan shall run in favor of the residents, occupants and owners of the planned unit development, but only to the extent expressly provided in the plan and in accordance with its terms and, to the extent, said provisions, whether recorded by plat, covenant, easement or owners acting individually, jointly or through an organization designated in the plan to act in their behalf. However, no provisions of ' the plan shall be implied to exist in favor of residents, occupants and owners except as to those portions which have been finally approved. (c) Rights to maintain and enforce remain in effect. No modification, removal or release of the provisions of the final plan by the Town, pursuant to the provisions of this Code, shall affect the rights of residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity, subject to the limitations contained in the plan and Subsection (b), Provisions Run in Favor of Residents. (Ord. 4-1998 §1) Sec. 16A-5-390. Amendment of final PUD. An applicant may amend an approved final PUD by complying with the following procedures and standards. 142 (1) Overview of amendment procedures. There are three (3) types of amendments that an applicant may propose to a PUD. The applicable procedures for each type of amendment are as follows: a. Administrative amendment. An administrative amendment to an approved PUD may be considered pursuant to Section 16A-5-250, Administrative Modifications. b. Minor amendment. A minor amendment to an approved PUD shall comply with the procedures of Subsection (2), Procedures for Minor Amendment of Final PUD, and with the standards of Subsection (3), Review Standards. c. Major amendment. A major amendment that would substantially modify all or a part of an approved PUD, or any amendment to an approved PUD that does not comply with the provisions of Subsection (3), Review ' Standards, shall require a full PUD process. During the full PUD process, the Town shall determine whether the application complies with the standards of Section 16A-5-300(c), General Restrictions, and Section 16A-5- 310, Review Standards, and shall also consider (but not be bound by) whether the application complies with the standards of Subsection (3), Review Standards. (2) Procedures for minor amendment of final PUD. 143 a. Pre app lication conference. Attendance at a pre-application conference is mandatory prior to submission of an application for a minor amendment to a final PUD. b. Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: 1 . Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. 2. Written statement. A written statement describing those elements of ' the original PUD that are proposed to be modified. 3. Other information. The applicant shall submit such other written or O graphic information as is necessary to describe and evaluate the proposed `2 amendment, such as revised building elevations, or a marked-up copy of the final development plan. 4. Amendment of PUD approved under prior code. An applicant proposing to amend a PUD approved prior to the effective date of this Development Code shall, as part of the application, propose any other amendments that are necessary to make the PUD conform with the provisions of this Division 3, Planned Unit Development. c. Staff review. Staff review of the application shall be accomplished, as 144 specified in Section 16A-5-50, Staff Review of Application. d. Action by Planning Commission. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. The Planning Commission shall review the application, considering the standards of Subsection (3), Review Standards, and shall make its recommendations to the Town Council. e. Public hearing. Public notice that the Town Council will consider the application shall be given by publication, posting and mailing of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Qe Public Hearing. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. The Town Council ' shall consider all relevant materials and testimony, shall consider the standards of Section 16A-5-390(3), Review Standards, and shall, by ordinance, approve, approve with conditions or deny the application. f. Recording of amended plan. Within ninety (90) days of the date of approval of the amendment, the applicant shall submit three (3) Mylar copies, suitable for recording, of the amended plan to the Planning Director, together with any other documents that are to be recorded. The Planning Director shall review the documents to ensure that they comply with the terms and 145 conditions of approval, shall obtain signatures for all of the applicable certificates on the amended plan and shall return the documents to the applicant. The applicant shall thereafter cause the documents to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. (3) Review standards. An application for a minor amendment to a final PUD shall comply with the following standards: a. Consistent with original PUD. The proposed amendment shall be Iconsistent with, or an enhancement of, the original PUD approval. b. No substantially adverse impact. The proposed amendment shall not O have a substantially adverse effect on the neighborhood surrounding the land 0 where the amendment is proposed, or have a substantially adverse impact ' on the enjoyment of land abutting upon or across the street from the subject property. c. Not change character. The proposed amendment shall not change the basic character of the PUD or surrounding areas. d. Comply with other applicable standards. The proposed amendment shall comply with the other applicable standards of this Division 3, Planned Unit Development, including but not limited to Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. (Ord. 4-1998 §1; 146 Ord. 13-1998 §1; Ord. 1-1999 §1; Ord. 6-1999 §1) Division 4. Subdivision Regulations Sec. 16A-5-400. Applicability. This Section shall apply to the subdivision of all land in the Town, unless exempted pursuant to Article V, Division 5, Subdivision Exemptions. (Ord. 4-1998 §1) Sec. 16A-5-410. General prohibitions. (a) No land shall be transferred, conveyed, sold or subdivided. No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or 10 acquired either in whole or in part, so as to create a new nonconforming use or to + avoid, circumvent or subvert any provision of this Section, or the provisions or any final PUD plan. (b) No lot line shall be altered. No structure shall be constructed, nor building permit issued for a structure, on any parcel of land within a subdivision approved pursuant to this Section except where such structure is to be constructed upon a lot separately designated on the plat of such approved subdivision. The lot lines established in such approved subdivision shall not be altered by conveyance of a part of any lot, nor shall any part of any lot be joined with a part of any other lot for conveyance or construction without approval of the Town Council as a subdivision or subdivision exemption. 147 (c) No dwelling unit shall be occupied. No dwelling unit shall be occupied or used in violation of any of the provisions of this Section. (d) Action in event of violation. (1) Action to enjoin. The Town Council shall have the power to bring an action to enjoin any subdivider from selling or otherwise conveying, before full compliance with the provisions of this Section, any parcel of land or other interest, which activity would constitute a subdivision. (2) Permits shall not issue. The Building Official shall not issue permits of any kind for the construction of any building or other improvements upon any land for which an approved final plat is required, unless and until the requirements of this Section have been complied with. (3) Town Council may withdraw approval. The Town Council may withdraw ' any approval of a plat if and when it is determined that information provided by the subdivider in the application upon which such decision was based is false, materially inaccurate, or the subdivider has failed to comply with the terms of the approval, or with the provisions of Section 16A-5-420(7), Recording of Final Plat. The Town Council shall cause written notice to be served upon the subdivider or his or her agents, directing the subdivider to appear at a certain time and place for a hearing before the Town Council not less than thirty (30) nor more than sixty (60) days after the date of service of such notice. At the hearing, the allegations 148 shall be examined by the Town Council, which shall have the power, upon good cause being shown, to withdraw any previous approval or to require such corrective or additional measures to be taken by the subdivider as are found to be proper. (Ord. 4-1998 §1) Sec. 16A-5-420. Procedure. The following procedures shall apply to a subdivision application. These procedures are illustrated in Figure 5-10, Subdivision Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is mandatory prior to submission of a subdivision application. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-430, Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. (4) Planning Commission review. The Planning Commission shall consider the application. The Planning Commission shall consider all relevant materials and testimony, and whether the application complies with Section 16A-5-440, 149 Review Standards, and shall recommend to the Town Council that the application either be approved, approved with conditions or denied. (5) Public notice. Public notice that the Town Council will hold a hearing to consider the application shall be given by publication, mailing and posting of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. A complete copy of the application shall be forwarded to the Town Council, together with the staff review and the Planning Commission recommendation. (6) Town Council public hearing. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted ' pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Town Council shall consider all relevant materials and testimony, the Planning Commission's s ... recommendation and whether the application complies with Section 16A-5-440, Review Standards. Following closure of the hearing, the Town Council shall, by resolution, either approve, approve with conditions or deny the application. (7) Recording of final plat. Within ninety (90) days of the date of approval of the subdivision, the applicant shall submit three (3) Mylar copies of a final plat to the Planning Director. The final plat shall also be submitted in a digital form acceptable to the Community Development Department, for incorporation in the Town's geographic information system (GIS). a. Planning Director review. The Planning Director shall review the final plat 150 to ensure it complies with the terms and conditions of approval, shall obtain signatures for all of the applicable certificates on the plat and shall return the exemption plat to the applicant. b. Recording by applicant. The applicant shall thereafter cause the final plat to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. (8) Effect of final plat approval. Recording of the final plat shall confer upon the applicant the right to establish individual ownership interests, according to the ' final plat, within the area defined in said final approval, subject to any conditions imposed as part of the final approval and subject to the provisions of this Development Code, and any other applicable municipal ordinances and .regulations. ` (9) Consolidation with PUD review. If the application requests both subdivision and planned unit development approval, then in lieu of the above procedures, the subdivision application shall be considered at the same time and following the same procedures as preliminary PUD plan review by the Planning Commission and final PUD plan review by the Town Council. 151 i FIGURE 5-10 SUBDIVISION APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (MANDATORY) SUBMIT APPLICATION STAFF REVIEW PLANNING �,. COMMISSION MEETING 1 PUBLIC NOTICE TOWN COUNCIL PUBLIC HEARING TOWN COUNCIL ACTION 152 (Ord. 4-1998 §1) Sec. 16A-5-430. Application contents. An application for subdivision shall include the following information: (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. (2) Improvements surrey. An improvements survey, showing the location and dimensions of all existing structures, streets, alleys, easements, drainage areas, firrigation ditches, public and private utilities and other significant features within the proposed subdivision. (3) Plat. A proposed subdivision plat, which shall have accurate dimensions Cfor all lines, angles and curves used to describe boundaries, streets, setbacks, ' alleys and easements. Areas to be reserved or dedicated for public or common use or other important features shall be shown with appropriate dimensions. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey on the field which must balance and close within a limit of one (1) in ten thousand (10,000). The plat shall depict the following information: a. Lots, blocks and streets. A systematic identification of all lots and blocks 153 and names for all streets. b. Adjoining subdivisions. Names of all immediately adjoining subdivisions with dotted lines of abutting lots. If adjoining land is unplatted, it shall be shown as such. c. Public areas and facilities. An identification of the streets, alleys, parks and other public areas or facilities as shown on the plat, and a dedication thereof to the public use, when required. An identification of the easements as shown on the plat and a grant thereof to those persons identified on the plat. fAreas reserved for future public acquisition shall also be shown on the plat. d. Survey description. A written survey description of the area, including the Gum total acreage and a description of areas to be dedicated. e. Survey monuments. A description of all survey monuments, both found and set, which mark boundaries of the subdivision, and a description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. f. Surveyor's certificates. A certificate of a registered land surveyor explaining how bearings, if used, were determined. A certificate by the registered land surveyor as to the accuracy of the survey and plat, stating that the survey was performed by him or her in accordance with Title 38, Article 51 , C.R.S. 154 g. Certificate by attorney or title insurer. A certificate by an attorney admitted to practice in the State, or corporate title insurer, that the person or persons dedicating the public rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances that would adversely affect the intended use of the property to which dedications are made to the public. h. Town signature blocks. Certificates providing for "Approval as to Form" by the Town Attorney and "Approval as to Content' by the Planning Director and a certificate providing for approval of the plat and acceptance of dedications and ' easements by the Town Council, with signature by the Mayor and attestation by the Town Clerk. i. Clerk and Recorder's Certificate. A certificate of recording for the County �~ Clerk and Recorder. (4) Additional material. The application shall also contain the following material: a. Engineering plans. Complete engineering plans and specifications for all public improvements on- and off-site, including roads, trails, bridges and storm drainage improvements. Plans and specifications for improvements to be designed and constructed by special districts or utility companies shall not be required. 155 b. Landscape plan. A detailed landscape plan showing locations, size and type of landscape features and planting schedule. c. Monument records. Copies of any monument records required of the land surveyor in accordance with Title 38, Article 53, C.R.S. d. Agreements. Any agreements with utility or ditch companies, when applicable. (Ord. 4-1998 §1) Sec. 16A-5-440. Review standards. The proposed subdivision shall comply with the following review standards. k (1) Consistency with Comprehensive Plan. The proposed subdivision shall be consistent with the intent of the Comprehensive Plan. (2) Compatibility with surrounding land uses. The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. (3) Comply with other applicable provisions. The proposed subdivision shall comply with all other applicable provisions of this Development Code, including, but not limited to, the applicable standards of Article III, Zone Districts, and Article IV, Development Evaluation Standards. (4) Suitability for development. The property proposed to be subdivided shall 156 be suitable for development, considering its topography, environmental features p 9 and any natural or man-made hazards that may affect its development potential. (5) Adequate facilities. The applicant shall show that: (a) adequate facilities will be provided to the proposed subdivision for water supply, sewage disposal, solid waste disposal, electrical supply, fire protection, roads and pedestrian circulation; (b) the proposed subdivision has been located so as to be reasonably convenient in relation to police and fire protection, emergency medical services and schools; and (c) the proposed subdivision will accommodate the efficient ' provision of transit facilities and services. (6) Spatial pattern shall be efficient. The proposed subdivision shall be �. located so as not to create spatial patterns that cause inefficiencies in the delivery of public services, or that require duplication or premature extension of public O facilities. a. Roads. Any new road developed to serve the proposed subdivision shall be continuous and in alignment with existing platted streets to which the street is to be connected. Where appropriate, new streets shall be planned so that they can create an interconnected Town road network, with provision for adequate road and utility easements. Where cul-de-sacs are incorporated in a subdivision, the applicant is encouraged to provide a trail or similar pedestrian link between them. 157 b. Water and sewer lines. Any water or sewer line extension necessary to serve the proposed subdivision shall be consistent with the Snowmass Water and Sanitation District's service plan and with the Town's Comprehensive Plan. (7) Phasing. If the proposed subdivision is to be developed in phases, then each phase shall contain the required streets, utilities, landscaping and other improvements that are necessary and desirable for residents of the project. If the subdivision incorporates any amenities for the benefit of the Town, such as trail connections, these shall be constructed within the first phase of the project, or, if ' this is not possible, then as early in the project as is reasonable. (Ord. 4-1998 Sec. 16A-5-450. Amendment of final plat. An applicant may amend an approved final subdivision plat by complying with the following procedures and standards. (1) Overview of amendment procedures. There are three (3) types of amendments that an applicant may propose to an approved subdivision. The applicable procedures for each type of amendment are as follows: a. Administrative amendment. An administrative amendment to an approved subdivision may be considered pursuant to Section 16A-5-250, Administrative Modifications. 158 b. Minor amendment. A minor amendment to an approved subdivision shall comply with the procedures of Subsection (2), Procedures for Minor Amendment of Final Plat, and with the standards of Subsection (3), Review Standards. c. Major amendment. A major amendment that would substantially modify all or a part of an approved subdivision, or any amendment to an approved subdivision that does not comply with the provisions of Subsection (3), Review Standards, shall require a full subdivision process. During the full ' subdivision process, the Town shall determine whether the application complies with the standards of Section 16A-5-440, Review Standards, and shall also consider (but not be bound by) whether the application complies Nwith the standards of Subsection (3), Review Standards. (2) Procedures for minor amendment of final plat. ' a. Pre-application conference. Attendance at a pre-application conference is mandatory prior to submission of an application for a minor amendment to a final plat. b. Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: 1. Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. 159 2. Written statement. A written statement describing those elements of the original subdivision approval that are proposed to be modified. 3. Other information. The applicant shall submit such other written or graphic information as is necessary to describe and evaluate the proposed amendment, such as a marked-up copy of the final plat. c. Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. d. Public notice. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. Public notice that the Town Council will consider the application shall be given by publication, posting and mailing of notice, pursuant to Section 16A-5-60(b), Manner and Timing of Notice. ' e. Town Council action. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Town Council shall consider all relevant materials and testimony and the standards in Subsection (3), Review Standards, and shall, by resolution, approve, approve with conditions or deny the application. f. Recording of amended plat. Within ninety (90) days of the date of approval of the amendment, the applicant shall submit three (3) Mylar copies, 160 suitable for recording, of the amended plat to the Planning Director, together with any other documents that are to be recorded. The Planning Director shall review the documents to ensure that they comply with the terms and conditions of approval, shall obtain signatures for all of the applicable certificates on the final plan and shall return the documents to the applicant. The applicant shall thereafter cause the documents to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. (3) Review standards. An application for a minor amendment to a final plat shall comply with the following standards: ' a. Consistent with original subdivision. The proposed amendment shall be consistent with or an enhancement of the original subdivision approval. �t. b. No substantially adverse impact. The proposed amendment shall not �F- have a substantially adverse effect on the neighborhood surrounding the land twhere the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. c. Not change character. The proposed amendment shall not change the basic character of the subdivision or surrounding areas. d. Comply with other applicable standards. The proposed amendment shall comply with the applicable standards for review of a subdivision 161 application, as specified in Subsection (3), Review Standards. (Ord. 4-1998 §1; Ord. 1-1999 §1) Sec. 16A-5-460. Vacation of recorded plat. Vacation of a recorded plat, or portion thereof, such as a public right-of-way or a dedicated easement, shall only be approved by the adoption of an ordinance by the Town Council. The following procedures shall apply to an application to vacate a recorded plat or portion thereof: (1) Pre-application conference. Attendance at a pre-application conference is optional, but recommended, prior to submission of an application to vacate a recorded plat or portion thereof. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the minimum contents for any application, as ' specified in Section 16A-5-40(b), Minimum Contents, together with a copy of the recorded plat, indicating the portions of the plat proposed to be vacated. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. A copy of the staff review shall be forwarded to the Town Council, together with a complete copy of the application. (4) Town Council action. Town Council action on the proposed vacation shall 162 comply with the Town's procedures for adoption of an ordinance. The Town Council shall consider the following standards in determining whether to approve, approve with conditions or deny the application: a. Access to a public road. No roadway shall be vacated so as to leave any adjoining land without a means of access to another public road. b. Easements. When vacating a public road, the Town may reserve easements for the installation or maintenance of utilities, ditches and similar improvements. ' c. Transfers or sales of lots. A subdivision plat may be vacated if none of its lots have been sold or transferred, or if there have been sales or transfers, then if there has been no development on any lots in the subdivision and all of the owners agree to the vacation of the plat. d. Comprehensive Plan. The proposed vacation shall be consistent with ' the Comprehensive Plan. (5) Actions following approval. a. Documentation. The applicant shall record the documentation of the approved vacation in the office of the County Clerk and Recorder. The documentation shall also be submitted in a digital form acceptable to the h Town's D artment for incorporation in the Community Development ep p 163 geographic information system (GIS). b. Quit claim deeds. Whenever the Town shall approve an application vacating a public right-of-way, abutting land owners shall be provided with a quit claim deed for the vacated lands. Each abutting land owner shall be deeded that portion of the vacated right-of-way to which the owner's land is nearest in proximity. (Ord. 4-1998 §1) Division 5. Subdivision Exemptions Sec. 16A-5-500. Exemptions authorized. The Town Council shall be authorized to exempt the following activities from the terms of the subdivision regulations: ' (1) Lot line adjustments. Lot line adjustments between previously platted lots. (2) Lot combinations. Lot combinations of platted lots. 3(3) Conveying title. Conveying title and/or fulfilling legal obligations when no ' development will result thereafter, without subdivision or PUD approval. (4) Condominiumization and time share. Condominiumization of a development, or approval of time share estates. (Ord. 4-1998 §1) Sec. 16A-5-510. Review procedure. 164 The following procedures shall apply to a subdivision exemption application. These procedures are illustrated in Figure 5-9, Subdivision Exemption Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional, but recommended, prior to submission of an application for subdivision exemption. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-520, Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. (4) Town Council action. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. The Town Council shall consider all relevant materials and testimony, shall consider whether the application complies with the standards in Section 16A-5-530, Review Standards, and shall, by resolution, approve, approve with conditions or deny the application. (5) Recording of exemption plat. Within ninety (90) days of the date of approval of the subdivision exemption, the applicant shall submit three (3) Mylar copies, suitable for recording, of an exemption plat to the Planning Director. The 165 Planning Director shall review the exemption plat to ensure it complies with the terms and conditions of approval, shall obtain signatures for all of the applicable plat certificates and return the exemption plat to the applicant. The applicant shall thereafter cause the exemption plat to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. 166 FIGURE 5-9 SUBDIVISION EXEMPTION APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION ' STAFF REVIEW TOWN COUNCIL ACTION 167 (Ord. 4-1998 §1) Sec. 16A-5-520. Application contents. An application for a subdivision exemption shall contain the following materials: (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. (2) Improvements survey. An improvements survey, showing the location and dimensions of all existing structures, streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities and other significant features within the property. (3) Exemption plat. The applicant shall submit a proposed exemption plat, Wwhich shall contain the applicable information for a final plat, as specified in Section 16A-5-430(3), Application Contents. 1 (4) Condominium documents. For an application for condominiumization, the applicant shall also submit proposed condominium documents, including condominium declaration, articles of condominium association, bylaws, maps and all other applicable information as required by the Colorado Common Interest Ownership Act, Section 38-33.3-101 et. seq., C.R.S. The application shall also include a proposal for restricting owner usage and how the units will remain in the short-term rental market, if applicable. (Ord. 4-1998 §1) 168 Sec. 16A-5-530. Review standards. An application for a subdivision exemption shall comply with the following standards: (1) Exemption is necessary. The exemption shall be necessary for the preservation and enjoyment of substantial property rights of the applicant. (2) Consistent with subdivision. The exemption shall be consistent with the preservation of the goals, objectives and standards of the particular subdivision or land area involved. (3) No new lots created. Granting of the exemption shall not create any new lots in any single-family subdivision. (4) Comply with Development Code. The exemption shall comply with the standards of the zoning district in which the property is located and all other applicable standards of this Development Code. With respect to an application ' for a lot line adjustment, if any of the lots or structures thereon are nonconforming prior to the adjustment, then no adjustment shall be allowed that increases the nonconformity of the lot or structure. (5) No adverse impacts. Granting of the exemption shall not be detrimental to the public welfare and shall not affect in a substantially adverse manner the enjoyment of land abutting upon or within the area in which the subject property 169 is situated. (6) Not increase total allowable floor area. Granting of the exemption shall not increase the total allowable floor area on a lot or lots affected by the proposed exemption beyond the total allowed without the exemption, and any change in allowable floor area permitted by the exemption within those totals shall be consistent with the surrounding area. (7) Special circumstances. In the instance where the Town Council is unable fto find that an application is consistent with any of the above standards, the exemption may only be granted if the Town Council finds that there are special circumstances or conditions affecting the subject property such that the strict application of these standards would result in undue hardship and deprive the ' applicant of the reasonable use of the land. (Ord. 4-1998 §1) Sec. 16A-5-540. Condominium conversion. A building proposed to be converted into condominiums shall be inspected by the Building Department prior to review of the subdivision exemption request for condominiumization. This inspection shall primarily focus on fire, health and safety conditions and is not necessarily intended to bring old structures to full compliance with new building construction codes. (Ord. 4-1998 §1) SeG. 16A C 550. Time .h:.e. 170 (a) PuFpese. The puFpese of this SeGtign is to make available a developmeRt This entire section is being removed and instead CRS(state law)will apply. ebjeGthyes of these T - 171 ZLI ya 84ABAlegsads4q busise esm . ELI AlessesEm sue . . , I . jeq OLI A�mulw"IJ w44 r SLI iet1 i - ?.59 - LLI I Ile 10 8Ll we I _ a4a. - 08[ uest8wietus P84W9 , pub 181 OR esojeN -pleoel epau U. ma cr 126.1 $4 ct Immow. 48l eLue- r. 981 `. . . 981 . V selmeid le esn ei Seet Bu1333452 ' . . L8I . -Bu eA . i 881 ue . to eielum 6 *eAeqe Se qdei6eiedqnS us • semmE d to 83R ct -M LO CD 4+ CID COUNCIL COMMUNIQUE Meeting Date: April 24, 2000 Presented By: Planning Division Chris Conrad, Senior Planner Subject: Timberline Maintenance Building — Lot No. 13 Overview: AT&T Wireless Services has requested approval to construct a 12' X 22' addition to the parking lot side of the Timberline Maintenance facility located within Town Parking Lot 13. They received approval from the Town Planner in 1993 to place their current communication equipment beneath the deck located on the uphill side of the building. This will be removed and the new proposed addition will contain expanded facilities needed to address future wireless service demands. Their antennas will remain atop the main condominium building located opposite the parking lot. The Timberline Condominium Association ("Timberline") has entered into an agreement with AT&T permitting the addition to occur provided they obtain all necessary Town approvals. This will include amending the Timberline Condominium Maintenance Facility SPA Plan, approved in 1986, to permit the additional permitted use and floor area. A land lease was granted by the Town to Timberline in 1986 which described the portion of Lot 13 within which the maintenance facility could be located. Specific permitted uses were listed and the lease terminates in March, 2007. Although the proposed addition will also be contained within the land area of the lease, both the lease and SPA Plan will need to be amended to permit the additional floor area and proposed use. The Town, as land owner, will need to provide consent for the land use application to be processed by staff. Any re-negotiation of the Timberline lease may occur during the period the Minor SPA Amendment application is being processed and providing consent to submit the application does not imply that the development proposal will be approved. Recommendation: Staff recommends consenting to the submission of the Minor SPA Amendment land use application by AT&T Wireless Services. First reading would then tentatively be scheduled for May 30. The Town Attorney may determine that granting consent occur by motion during the Special Meeting. A site plan showing the location of the lease area and proposed addition will be shown at the meeting. COUNCIL COMMUNIQUE MEETING DATE: 04-24-00 BY: Joe Coffey STAFF: Steve Connor SUBJECT: Crossings Homes Resale Restrictions, Maximum Income and Asset Guidelines for all Deed Restricted Sales Properties OVERVIEW: Crossings Home Re-sales: As per Council direction (01-17-00 meeting) the 24 Crossings homes on non-subsidized lots will be restricted to the income and asset guidelines as these homes come up for resale. Maximum Income Guidelines: The current guidelines appear to be very generous and may need some adjustments. The Maximum Annual Income should be relative to Minimum Income required for the loan by a lender. The current guidelines allow an applicant to earn 56% of the purchase price in annual income. The 56% is substantially higher than the minimum amount required for a loan. Maximum Net worth Guidelines: The current Net Worth Guidelines allow an applicant to have 136% more assets than the property purchase price. Council may want to discuss what counts as net worth. Should retirement plans and IRA's count as assets? Currently we calculate all assets to get a true net worth calculation. An applicant with 136% or close to this amount of assets may be able to afford other housing. FINANCIAL SUMMARY: N/A BOARD OF COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Restrict all Crossings homes to the Maximum Income and Asset Guidelines. The Annual Maximum Income should be 20% to 25% above the minimum qualifying loan amount, not 56% of the loan amount. The current net worth allowance should be lower. If Council decides to not include IRA's or retirement plans that are subject to IRS penalties, the Maximum Net Worth could be lowered to 75% or 50% of the purchase price, or less. I believe the current guidelines are too high with or without the consideration of discounting retirement plans. Stricter income and asset guidelines will insure that the Town's deed restricted properties are being sold to applicants who truly need affordable housing. ate- TOWN OF SNOWMASS VILLAGE MAXIMUM INCOME GUIDELINES Property Current Alpine Bank Proposed Proposed Proposed Purchase Price Allowable Min. Annual Income Annual Income Annual Income Max. Annual Qualifying 15%over Loan 20%over Loan 25%over Loan Income Annual Income requirement requirement requirement 56% with 20% down 1. 2. 3. 4. 5. 6. $70,000.00 $23,305.00 $26,801.00 $27,966.00 $29,131.00 $80,000.00 $26,635.00 $30,630.00 $31,962.00 $33,294.00 $90,000.00 $29,964.00 $34,459.00 $35,957.00 $37,455.00 $100,000.00 $33,293.00 $38,287.00 $39,952.00 $41,616.00 $110,000.00 $36,623.00 $42,116.00 $43,948.00 $45,779.00 $120,000.00 $39,952.00 $45,945.00 $47,942.00 $49,940.00 $130,000.00 $43,281.00 $49,773.00 $51,937.00 $54,101.00 $140,000.00 $46,610.00 1 $53,601.00 $55,932.00 1 $58,262.00 $150,000.00 $49,940.00 $57,431.00 $59,928.00 $62,425.00 $160,000.00 $53,269.00 561,259.00 $63,923.00 $66,586.00 $170,000.00 $56,598.00 $65,088.00 $67,918.00 $70,747.00 $180,000.00 $59,928.00 $68,917.00 $71,914.00 $74,910.00 $190,000.00 $63,257.00 $72,746.00 05,908.00 $79,071.00 $200,000.00 $66,586.00 $76,574.00 $79,903.00 $83,232.00 $210,000.00 $69,916.00 $80,403.00 $83,899.00 $87,395.00 $220,000.00 $73,245.00 $84,232.00 $87,894.00 $91,556.00 $230,000.00 $76,574.00 $88,060.00 $91,899.00 $95,717.00 $240,000.00 $79,904.00 $91,890.00 $95,885.00 $99,880.00 $250,000.00 $83,233.00 $95,718.00 $99,880.00 $104,041.00 $260,000.00 $86,562.00 $99,546.00 $103,874.00 $108,202.00 $270,000.00 $89,892.00 $103,376.00 $107,870.00 $112,365.00 $280,000.00 $93,221.00 $107,204.00 $111,865.00 $116,526.00 $290,000.00 $96,550.00 $111,032.00 $115,860.00 $120,687.00 $300,000.00 $99,880.00 $114,862.00 $119,856.00 $124,850.00 $310,000.00 $103,209.00 $118,690.00 $123,851.00 $129,011.00 $320,000.00 $106,538.00 $122,519.00 $127,846.00 $133,172.00 $330,000.00 $109,868.00 $126,348.00 $131,842.00 $137,335.00 $340,000.00 $113,197.00 $130,177.00 $135,836.00 $141,496.00 $350,000.00 $115,526.00 $132,855.00 $138,631.00 $144,407.00 $360,000.00 $119,856.00 $137,834.00 1 $143,827.00 $149,820.00 $370,000.00 $123,185.00 $141,663.00 $147,822.00 $153,981.00 $380,000.00 $126,514.00 1 $145,491.00 $151,817.00 $158,142.00 $390,000.00 $129,843.00 $149,319.00 $155,812.00 $162,304.00 $400,000.00 $133,173.00 $153,149.00 $159,808.00 $166,466.00 $410,000.00 $136,502.00 $156,977.00 $163,802.00 $170,627.00 $420,000.00 $139,831.00 $160,806.00 $167,797.00 $174,789.00 $430,000.00 $143,161.00 $164,635.00 $171,793.00 $178,951.00 $440,000.00 $146,490.00 $168,463.00 $175,788.00 $183,112.00 $450,000.00 $149,819.00 $172,292.00 $179,783.00 $187,274.00 Table Description 1. Column one is the Property Purchase Price. 2. The second column is our current Allowable Income Guidelines. The Annual Income allowed currently seems to be quite high. 3. Column three is the Qualifying Annual Income required by Alpine Bank for the loan amount. A 20% down payment is required for these loan amounts. 4. Columns four,five and six represent 15%,20%and 25%respectively of Annual Income allowed over the minimal qualifying loan amount listed in column three. Ha•saleshesalelinwme - asp TOWN OF SNOWMASS VILLAGE MAXIMUM NET WORTH GUIDELINES Purchase Price Current Net 25% 50% 75% 100% 125% Worth of of of of of Guidelines Purchase Price Purchase Price Purchase Price Purchase Price Purchase Price 136% 1. 2. 3. 4. 5. 6. 7. $70,000.00 $17,500.00 $35,000.00 $52,500.00 $70,000.00 $87,500.00 $80,000.00 $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $90,000.00 $22,500.00 $45,000.00 $67,500.00 $90,000.00 $112,500.00 $100,000.00 $25,000.00 $50,000.00 75,000.00 $100,000.00 $125,000.00 $110,000.00 $27,500.00 $55,000.00 $82,500.00 $110,000.00 $137,500.00 $120,000.00 $30,000.00 $60,000.00 $90,000.00 $120,000.00 $150,000.00 $130,000.00 32,500.00 $65,000.00 07,500.00 $130,000.00 $162,500.00 $140,000.00 $35000.00 $70,000.00 $105,000.00 $140,000.00 $175,000.00 $150,000.00 $37,500.00 $75,000.00 $112,500.00 $150,000.00 $187,500.00 $160,000.00 $40,000.00 $80,000.00 $120,000.00 1 $160,000.00 $200,000.00 $170,000.00 42,500.00 $85,000.00 $127,500.00 1 $170,000.00 212,500.00 $180,000.00 $45,000.00 $90,000.00 $135,000.00 180,000.00 $225,000.00 $190,000.00 $47,500.00 $95,000.00 $142,500.00 $190,000.00 $237,500.00 $200,000.00 $50,000.00 $100,000.00 $150,000.00 $200,000.00 $250,000.00 $210,000.00 $52,500.00 $105,000.00 157,500.00 $210,000.00 262,500.00 $220,000.00 $55,000.00 $110,000.00 $165,000.00 $220,000.00 $275,000.00 $230,000.00 $57,500.00 $115,000.00 $172,500.00 $230,000.00 $287,500.00 $240,000.00 $60,000.00 120,000.00 $180,000.00 $240,000.00 300,000.00 $250,000.00 $62,500.00 $125,000.00 $187,500.00 $250,000.00 $312,500.00 260,000.00 $65,000.00 $130,000.00 $195,000.00 $260,000.00 $325,000.00 $270,000.00 $67,500.00 $135,000.00 $202,500.00 $270,000.00 $337,500.00 $280,000.00 $70,000.00 $140,000.00 $210,000.00 $280,000.00 $350,000.00 $290,000.00 $72,500.00 $145,000.00 $217,500.00 290,000.00 362,500.00 300,000.00 75,000.00 $150,000.00 225,000.00 300,000.00 f3 75,000-00 $310,000.00 $77,500.00 $155,000.00 $232,500.00 $310,000.00 $387,500.00 $320,000.00 $80,000.00 160,000.00 9240,000.00 $320,000.00 $400,000.00 $330,000.00 82,500.00 $165,000.00 $247,500.00 $330,000.00 $412,500.00 $340,000.00 $85,000.00 $170,000.00 $255,000.00 340,000.00 425,000.00 $350,000.00 $87,500.00 $175,000.00 $262,500.00 $350,000.00 $437,500.00 $360,000.00 $90,000.00 $180,000.00 $270,000.00 $360,000.00 $450,000.00 $370,000.00 $92,500.00 $185,000.00 9277,500.00 $370,000.00 $462,500.00 $380,000.00 $95,000.00 $190,000.00 $285,000.00 $380,000.00 $475,000.00 $390,000.00 $97,500.00 $195,000.00 $292,500.00 $390,600.00 $487,500.00 $400,000.00 $100,000.00 $200,000.00 $300,000.00 $400,000.00 $500,000.00 $410,000.00 $102,500.00 $205,000.00 $3079500.00 $410,000.00 $512,500.00 420,000.00 $105000.00 210,000.00 $315,000.00 $420,000.00 525,000.00 $430,000.00 107,500.00 215,000.00 $322,500.00 $430,000.00 $537,500.00 $440,000.00 $110,000.00 $220,000.00 $330,000.00 $440,000.00 $550,000.00 $450,000.00 $112,500.00 $225,000.00 $337,500.00 $450,000.00 $562,000.00 TABLE DESCRIPTION 1. Column One is the Property Purchase Price. 2. Column two is the Current Maximum Net Worth Guidelines used which is 136%over the Purchase Price. 3. Columns Three, Four, Five, Six and Seven represent 25%, 50%, 75%, 100%and 125%respectively of Net Worth amounts using the Purchase Price as the base number. COUNCIL COMMUNIQUE * Please refer to the Article IV language in the Work Session package Meeting Date: April 24, 2000 at 2:50 PM in a Work Session Presented By: Victoria Giannola, Planning Director; Leslie Klusmire, Assistant Town Manager; Steve Connor, Town Attorney Subject: Discussion of Ordinance No. 15, Series of 2000—amending Article V of the Town of Snowmass Village Land Use and Development Code, which creates language changes in Section 16A-5 of the Municipal Code. Overview: 1.) Town Council requested that staff draft a series of code 1. Background amendments to Article V of the Land Use and Development 2. Issues Code. In addition, Council requested that staff re-examine the section regarding Applicability as it pertains to the 3. Alternatives resubmission of applications, and the section regarding Planned Unit Development as it pertains to Sketch Plan submittal requirements. 2.) This work session is for Council's discussion with staff on proposed amendments to Article V. Council will hold a First Reading of Ordinance No. 15 on May 3dh of 2000 and a Second Reading on June 19`h of 2000. In between the two Readings, the Planning Commission will review the proposed language amendments on June 7`h of 2000 and make a recommendation, by way of Resolution, to Town Council. 3.) Provide staff with a recommendation regarding the proposed amendments and guidance as to Council's suggested changes to the Sketch Plan process. Recommendation: Provide approval to staff to proceed with scheduling of Article V for First Reading. COUNCIL COMMUNIQUE MEETING DATE: April 24, 2000 BY: Gary Suiter, Town Manager STAFF: Steve Connor SUBJECT: Seven Star Ranch Final PUD Extension OVERVIEW: This development review has been extended, at the applicant's request, until April 19th, 2000. Attached is a letter from Joe Wells requesting an additional extension to June 218% while negotiations for access continue. STAFF RECOMMENDATION: Staff recommends Council approve the extension, by motion, per the applicant's request. The extension should be retroactive from April 19'" to June 218% 2000. p:/shared/clerk/manager.xsc4cmq.2000/ N 0-OM JLLP INC PHONE N0. 970 925 6275 RPR. 17.2000 9:25RM P 1 At- 1J 1J ■ Joseph Wells Land Planning 602 Midland Park Place Aspen,Colorado 81611 Phone: 970.925.8080 Pacsimile: 970.920.4378 (remporary) e-mail Address: jwells®sopris.net April 14,2000 Gary Suiter,Town Manager Steve Connor, Town Attorney Town of Snowmass Village 16 Kearns Road Snowmass Village,Colorado 81615 Delivered by Facsimile to 923-6083 and 925-9199 Dear Gary and Steve: I am writing on behalf of Seven Star Residential Partners,Ltd., Snowmass Land Partners, Ltd. and Snowmass Partners,Ltd.,owners of Seven Star Ranch. I reeqquest that the Town Council continue its review of the Seven Star Ranch Final PUD Application for an additional 63-day period,from April 19,2000 until no later than June 21,2000,in order to give the Town Council more time to consider an ordinance regarding the Seven Star Ranch Final PUD Application. S. cerely_ Y_,,�oseph ells cc: John Sullivan Gideon Kaufman ...p� XL O =own osSuWW/VPM Ei:EC . ID :9709235185 APR 14 '00 1450 No .004 P .01 SNOWMASS RECREATIONAL LAND CO., LLC .,tglullll a April 13,2000 VIA FACSIMILE 923-6083 Stephen R.Connor,Esq. Town of Snowmass Village Post Office.Box 5010 Snowmass Village,Colorado 81615 Re: Solicitation of Offer to Purchase Real Property Dear Steve: As you know,Snowmass Recreational Land Company("SRLC")has made a request of the Town Council to discuss any implicit offer of the Town to acquire part of or all of the property at the Rodeo Grounds owned by SRLC. Approximately two months ago SRLC made a verbal offer to Mayor Manchester and Councilman Costello to sell to the Town a portion of the pond and the adjacent property along Brush Creek in the form of a conservation easement running to the benefit of the Town for two million dollars. This offer was in response to the Council's stated concerns of protecting the open space at the untrance to Snowmass Village and its commitment to restore and preserve Brush Creek. Subsequent to SRLC's listing of the Rodeo Grounds property to be sold,several members of the Council including Mayor Manchester expressed publicly that it was the Town's desire to purchase the property outright. Within the last few weeks I received a telephone call from Gary Suiter asking questions that presumably were pursuant to completing an appraisal of the property's value. The objective of a meeting with the Council in executive session is to solicit an offer to purchase all or part of the Rodeo Grounds pursuant to the above mentioned statements of interest published by the Council. Yours very truly, SNOWMASS RECREATIONAL LAND COMPANY,LLC J.Lancer B General Counsel SNOWMASS RECREATIONAL LAND COMPANY, LLC P. O. BOX 5009, SNOWMASS VILLAGE, COLORADO 81615 / (970) 923.3520 ST/WW/VPM EXEC . ID :9709235185 APR 21 '00 14 :41 No .003 P .01 SNOWMASS RECREATIONAL LAND CO., LLC April 21.2000 VIA FACSIMILE(303)265-9076 Stephen R.Connor,Esq. 323 west Main Street,Suite 301 Aspen,Colorado 81611 Re: Offer to Sell Real Property Dear Steve: Please find the attached diagramming our understanding of the subject matter of previous conversations had with council members regarding the Town's purchase of a portion of the Rodeo Grounds. As noted on the diagram,the area encompasses over 100,000 square feet. The demarcated site includes the entire area in which Brush Creek runs through the Rodeo Grounds as well as a portion of the pond. As previously noted,this area provides the Town with the opportunity to continue its Brush Creek enhancement program and allows the Town access to the pond for public recreational purposes. Presumably,although not previously specifically discussed,the Town would use this area for the purposes stated above in addition to the publicly stated goals of the preservation of open space at the entrance to Snowmass Village. Please call me with comments. Yours very truly, SNOWMASS RECREATIONAL LAND COMPANY,LLC J.Lance urwell General Counsel Attachment. SNOWMASS RECREATIONAL LAND COMPANY, LLC P. O. BOX 5009, SNOWMASS VILLAGE, COLORADO 81615 / (970) 923-3520 GT/WW/VPM EXEC . ID :9709235105 APR 21 '00 14 :42 No .003 P .02 re4Y)l 4 'S 3 hire 4 7 3 uGhl tol 0 iii 4 LO I I h a I it S t a I e I C D Owe ......... .......... ......... [jf ... ...... ...... I-7V 11 a I SC It 0/11 i 81 Assessor's Parcel Map TOSV Housing Mitigation Increases ;4 Old Formula: gob category multiplier]/ 1.3 x 60%x 60%x 411 s.f. Current Formula: Bob category multiplier]/1.3 x 100%x 411 s.f. Proposed Formula: [adjusted job category multipler incl.jobs/employee factor] x 80%x 448 s.f. Over the last year the Town has increased every aspect of the housing mitigation formula: 1. Increased the employment sector/job category multipliers (on average) 2. Decreased the jobs per employee factor(on average) 3. Eliminated the Town's goal of housing 60% of employees(now 100%) 4. Increased the employer mitigation reguirement from 60%to 80% or higher 5. Increased s.f. per employee from 411 to 448 s.f. Sample Projects: 3000 s.f. commercial old: 5.57 per 1000 /1.3 x .6 x.6 x411= 1902 s.f. current: 5.57 per 1000 /1.3 x 100%x 411 s.f.= 5283 s.f. 278% Increase proposed: 4.83 per 1000 x .8 x448= 5193 s.f. 273% increase 40 room hotel old: 0.44 per room /1.3 x .6 x.6 x411= 2003 s.f. current: 0.44 per room 11.3 x 100% x 411 s.f.= 5564 s.f. 278% Increase proposed: 0.38 per room x .8 x448= 5448 s.f. 272% Increase 3000 s.f. restaurant old: 5.57 per 1000 /1.3 x .6 x.6 x411= 1902 s.f. current: 5.57 per 1000 /1.3 x 100%x 411 s.f.= 5283 s.f. 278% Increase proposed: 5.16 per 1000 x .8 x448= 5548 s.f. 292% increase 8 plex townhome old: 0.5 per unit /1.3 x .6 x.6 x411= 455 s.f. current: 0.5 per unit 11.3 x 100% x 411 s.f.= 1265 s.f. 278% Increase proposed: 0.61 per unit x .8 x448= 1749 s.f. 384% increase 2000 s.f. office old: 3.78 per 1000 /1.3 x .6 x.6 x411= 860 s.f. current: 3.78 per 1000 /1.3 x 100%x 411 s.f.= 2390 s.f. 278% Increase proposed: 3.68 per 1000 x .8 x448= 2638 s.f. 307% Increase 4 small lot houses old: 0.3 per lot /1.3 x .6 x.6 x411= 137 s.f. current: 0.3 per lot /1.3 x 100% x 411 s.f.= 379 s.f. 278% Increase proposed: 0.29 per lot x .8 x448= 416 s.f. 304% increase 4 large lot houses old: 0.3 per lot /1.3 x .6 x.6 x411= 137 s.f. current: 0.3 per lot /1.3 x 100%x 411 s.f.= 379 s.f. 278% increase proposed: 1.58 per lot x .8 x448= 2265 s.f. 1658% increase Conclusions and observations: 1. Housing mitigation requirements have increased over 300% compared to the old mitigation formula 2. Redeveiopment/expansion is largely exempt- undue burdens are placed on new development 3. Mitigation exceeds project scale: to build a 3000 s.f. restaurant you have to provide almost twice as much housing 4. Service industry, construction and others that don't operate on a s.f. basis are completely exempt from mitigation. 5.The volume of housing required by a development is going to be difficult to site due to lack of land in Snowmass. 6.The mass and scale of housing required for mitigation will be opposed by neighbors and unlikely to be approved. c TOSV Housing Mitigation - Suggested Formula Old Formula: Bob category multiplier]/ 1.3 x 60% x 60% x 411 s.f. Current Formula: Bob category multiplier]/1.3 x 100%x 411 s.f. Proposed Formula: [adjusted job category multipler incl.jobs/empioyee factor]x 80%x 448 s.f. Suggested Formul adjusted job category multiples Incl.jobs/employee factor]x 60%x 60% x 448 s.f. Sample Projects: 3000 s.f. commercial old: 5.57 per 1000 /1.3 x .6 x.6 x411= 1902 s.f. current: 5.57 per 1000 /1.3 x 100% x 411 s.f.= 5283 s.f. 278% increase proposed: 4.83 per 1000 x .8 x448= 5193 s.f. 273% increase suggested: 4.83 per 1000 x.6 x.6 x 448 s.f.= 2337 s.f. 44% increase 40 room hotel old: 0.44 per room /1.3 x .6 x.6 x411= 2003 s.f. current: 0.44 per room /1.3 x 100%x 411 s.f.= 5564 s.f. 278% increase proposed: 0.38 per room x .8 x448= 5448 s.f. 272% increase suggested: 0.38 per room x.6 x.6 x 448 s.f.= 2451 s.f. 44% increase 3000 s.f. restaurant old: 5.57 per 1000 /1.3 x .6 x.6 x411= 1902 s.f. current: 5.57 per 1000 /1.3 x 100%x 411 s.f.= 5253 s.f. 278% increase proposed: 516 per 1000 x .8 x448= 5548 s.f. 292% increase suggested: 5.16 per 1000 x.6 x.6 x 448 s.f.= 2497 s.f. 47% increase 8 plex townhome old: 0.5 per unit /1.3 x .6 x.6 x411= 455 s.f. current: 0.5 per unit 11.3 x 100%x 411 s.f.= 1265 s.f. 278% increase proposed: 0.61 per unit x .8 x448= 1749 s.f. 384% increase suggested: 0.61 per unit x.6 x.6 x 448 s.f.= 787 s.f. 62% Increase 2000 s.f. office old: 3.78 per 1000 /1.3 x .6 x.6 x411= 860 s.f. current: 3.78 per 1000 11.3 x 100% x 411 s.f.= 2390 s.f. 278% increase proposed: 3.68 per 1000 x .8 x448= 2638 s.f. 307% increase suggested: 3.68 per 1000 x.6 x.6 x 448 s.f.= 1187 s.f. 50% increase 4 small lot houses old: 0.3 per lot /1.3 x .6 x.6 x411= 137 s.f. current: 0.3 per lot /1.3 x 100%x 411 s.f.= 379 s.f. 278% increase proposed: 0.29 per lot x .8 x448= 416 s.f. 304% increase suggested: 0.29 per lot x.6 x.6 x 448 s.f.= 187 s.f. 49% increase 4 large lot houses old: 0.3 per lot /1.3 x .6 x.6 x411= 137 s.f. current: 0.3 per lot /1.3 x 100% x 411 s.f.= 379 s.f. 278% increase proposed: 1.58 per lot x .8 x448= 2265 s.f. 1658% increase suggested. 1.58 per lot x.6 x.6 x 448 s.f.= 1019 s.f. 269% increase ResuRar#Housing Midaetan Rates per Amendments to Article IV of the Land Use and Development Code 2000 w .. . . _ 100% Potential Land Uses: Potential Sq. Ft: Job Generation: Housing Midgadon. (multipliers factored in 448 ft. per mn Commercial- 59,720 4.38 117,184.97 1,000 sq. sq. ft. office 3.68 93,102.00 _ (sq ftZ (per 1,000 sq.ft.) _ sq. ft. Multi-Family- 90 0.61 24,595.20 (fractional ownership&time share (units) r unit sq. ft. Hotel/Lodge- 45 0.38 7,660.80 �r room2.. sq. ft. Restaurants _ 10,000 I 5.16 23,116.80 (sq.ft.) l� (per 1,000 sq. ft) sq.ft. <� e.<. Potential Lend Uses: 90% 80% 76% Housfna Mid adon Housina Mti adon: Housin f Mid on: Commercial-in N. f t 105,466.48 93,747.98 87,888.73 Gypoe-in sq.it 83,791.80 74,481.60 69,826.50 �{Muiti Fwmly^in sq-JL _.�I 22,135.68 19,676.16 18,446.40 Hotel/Lodge-in /t �� 6,894.72 6,128.64 5,745.60 I;--- - - I -M 20,805.12 18,493.44 17,337.60 i Potential Land tug=ft82,029.48 70% 60% 50% C n Mid adon Housing Mltfgadon: Housing Mid on: Commercial-in sq 70,310.98 58,592.49 ce-msq-f r i 65,171.40 55,861.20 46,551.00 Multi-Farml in --21. 17,216.64 14,757.12 12,297.60 AotWN05e m .._:..._ __. 5,352.56 4,596.48 3,630.40 estauranTs -in sq 16,181.76 13,870.08 11,558.40 l 1 r� Y MK CENTENNIAL 202 SEVENTH STREET I TEL 9701928-8599 ATRIUM SUITE 771 P.O.DRAWER 909 FAX 9701928-8528 0@NT@NNwL @NpIN@cRINp.ING. GLENWOOD SPRINGS.DO 81802 • DATE: 21 April 2000 • TO: Snowmass Village Town Council • FROM: Joe Kracum, PE • SUBJECT: Snowmass Village Transit & Parking Plaza Conceptual Design Cost Estimating The final conceptual design of the Transit & Parking Plaza will be cost estimated based upon the attached Construction Schedule using the items listed in the attached Cost Estimate Worksheet. The cost estimate will be based upon the Final Conceptual Design which will be approximately 10 percent of the total construction documents package. Factors, allowances, and contingencies will be applied as appropriate for this level of design. The construction schedule assumes an April 2001 start and November 2002 completion, and considers the entire project constructed within this period. Construction schedule iterations will be developed as follows to provide Council with the differences in cost based upon construction schedule. Inflation factors will be applied as appropriate. Iteration 1 Iteration 2 Iteration 3 Upper Parking Structure 2001 2001 Lower Parking Structure 2001 2002 2001 Transit Level 2002 2003 2002 Pedestrian Level 2002 2003 2002 v Snowmass Village Conceptual Cost Estimate Worksheet DRAFr2OApr2ood phase 1 Phase 2 Phase 9 Phase 0 Project hem Descrl flan unit. Upper Failki Structure Lower Parkin StWMre Transit Level Pedestrian Leval Total Construction Dowments Is x x x x Traffic Control 1s x x x z ConatmWon Sunarying Is x x x x Conawcliw Mane menl Is x x x x Public Information Program Is x x x x FtiqhW.Way Acquisition ac x x x x Mobilization Is x x x x Excavation CY x x x Embankment CY x x x Base Louse CY x x x concrete Pavement at x x x Roadway Guardrail X x x x Pedestrian Uncle ass X x Sidewalks&Plaza all x x x x Landscaping Is x x x RBlelaln Watl-2 Nall of x x Relalni Well•SddieB at x Retaining Wall-L Wall at x x Relalnl Wall-Concrete Fad of x Retain Wall-Panel Fadn of z x Retains Well-Sholcrete i,aang of x x Slnfdure FwndeXOn G x x Structure Frarnino its I x x Sbuclure Deck of I x x Stnfolure EmeXor Finish of x x Structure PaAng sl x x Slruolure Striping at x x 80p Foundation Is x B Subatrudure at x Brio S relructure at x Bridge Deck at x Deck Fwndabon Is x Dock Subsimcture of x Deck Superstructure&Deck at x Elevalor Tower Is x x Into Kiosk Is I x Restrooms at I x Furniture Is I x x Signing Is x x x x Roof Is x Stairs Is x x x Escalator is x x Elevalor Is x x x Moving Ramp Is x Utility Relocations Is x x x Fresh Water Sella Is x x Waste Water Service Is x SnowrneX In Raowit at x x SnowmeX In Omer Areas at x SnowmeX Bottom Is x Structure Ventilation Is x . x Slnxlure Heating Is x x Structure S Ankler Is x x Electrical Service Is x x x x Transit Unining Is x x Transit Starting Is x x Structure Ughting Is x x Phase Total 2902 s Duration Ste Jul A Se Oct Nov Dec a ID Task Name 1 Notice to Proceed id Fri 4f. 2 Mobilization t0d MonV 3 Phase 1-Upper Parking Structure 140d Mon 4f 4 Staging Area-Lot 10 10d Mon 4/: 5 Utility Relocations-Lots 7,8,6 9 25d Mon 4/; 6 Rough Grade Elbert Lane Extension lod Mon 5 7 Retaining Wall R2 15d 0M0 n 4/: g Excavation-Pedestrian Underpass 15d Mon 5 9 Pedestrian Underpass 15d Mon 5f, 10 Excavation-Upper Structure 300 Mon 4/: 11 Retaining Wall U1 5d Mon 6 12 Retaining Wall U2 5d Mon 6/ 13 Retaining Wall U3 15d Mon 5r 14 Roadwork-Elbert Lane Extension 20d Mon 61 15 Foundation-Upper Structure 15tl Mon 7/ 16 Framing-Upper Structure 20d Mona 17 Decks-Upper Structure 20d Mon 9 18 Exterior-Upper Structure 15d Mon 9 19 Mech/Elec-Upper Structure 20d Mon 1C 20 Paving-Upper Structure 50 Mon 101; 21 Landscaping-Upper Structure 15d Mon 91 22 23 Phase 2 -Lower Parking Structure 140d Mon 4f 24 Staging Area-Lot 3 10d Mon 41 25 Utility Relocations Lots 4&5 20d Mon 4/ 26 Rough Grade Snowmelt Road 15d Mon; 27 Excavation-Lower Structure 35d Mon; 28 Retaining Wall Ll 150 Mon f 29 Retaining Wall L2 10d Mon 6/ 30 Retaining Weill L3 10d Mon 6/ 31 Foundation-Lower Structure 15d Mon 32 Framing-Lower Structure 20d Mon 71 33 Decks-Lower Structure 20d Mon e/ 34 Exterior-Lower Structure 15d Mon 81 35 McLNElec Lower Structure 25d Mon 9/ 36 Paving-Lower Structure Sd Mon 10/ 37 Landscaping-Lower Structure 15d Mon 9/ 38 Roadwork-Relocated Snowmelt Road 25d Mon 9/ 39 Up Milestone Rolled Up Progress Project:Snowmass Village Transit 8 Parking Task Q Date:Fri 4/21100 1 2001 ID Task Name Duration Start Finish A May Jun Jul Aug Se T . 1 Notice to Proceed ld Fri 4120101 Fri 420/01 .Names to Proceed 2 Mobilization 10d Mon 4123101 Fri 5/4/07 .Mobilization 3 Phase 1-Upper Parking Structure 1404 Mon 4123/01 Fri 112/01 - 4 Staging Area-Lot 10 1W Mon 4/23101 Fri 5/4101 .Staging Area-Lot 10 5 Utility Relocations-Lols 7,8,&9 25d Mon 4/23/01 Fri 5/25/07 — Utility Relocations-Lots 7,8,8 9 6 Rough Grade Elbert Lane Extension 10d on 5/7/01 Fri 5/18/01 - Rough Grade Elbert Lane Extension 7 Retaining Wall R2 150 Mon 4/30/01 Fri 5118/01 ' Retaining Weil R2 8 Excavation-Pedestrian Underpass 15d Mon 5/7/01 Fri 5125101 Excavation-Pedestrian Underpass 9 Pedestrian Underpass 15d Mon 5/28/01 Fri 6/15/01 _ pedestrian Underpass 10 Excavation-Upper Structure 30tl Mon 4130/01 Fri 618/01 Excavation-Upper Structure 11 Retaining Wall U7 5d Mon 614/01 Fri 618/01 , Retaining Wall III 12 Retaining Wall U2 5d Mon 6/11/01 Fri 6/15/01 , Retaining Wall U2 13 Retaining Wall U3 150 Mon 5/21101 Fri 6/8/07 Retaining Wall U3 14 Roadwork-Elbert Lane Extension 20d Mon 6/18/01 Fri 7/13/01 — goedwork-Elbert Lane Exlem?•- 15 Foundation-Upper Structure 15d Mon 7/16/01 Fri 8/3/07 _ Foundation•Upper Sir-' 16 Framing-Upper Structure 20d Mon 816/01 Fri 8131/01 — Framing•Uv> 17 Decks-Upper Structure 20d Mon 9/3101 Fri 9/28/01 — De. 18 Exterior-Upper Structure 15d Mon 9/3/07 Fri 9 121/01 Exter! 19 Mech/Elec-Upper Structure 20d Mon 10/1101 Fri 10126/01 20 Paving-Upper Structure 5d Mon 10129/01 Fri 11/2/01 21 Landscaping-Upper Structure 15d Mon 9/24/01 Fri 10112/01 22 23 Phase 2 -Lower Parking Structure 1404 Mon 423/01 Fri 112/01 - 24 Staging Area-Lot 3 10tl Mon 4/23/01 Fri 5/4101 ■Staging Area-Lot 3 25 Utility Relocations Lots 4&5 20d Mon 4/23101 Fri 5/18/01 Utility Relocations Lots 4&5 26 Rough Grade Snowmelt Road 15d Mon 5/7/01 Fri 5/25/01 _ Rough Grade Snowmett Road 27 Excavation-Lower Structure 3bo Mon 52/01 Fri 6/22/01 — Excavation-Lower Structure 28 Retaining Wall L7 15d Mon 6/4/01 Fri622/01 Retaining Wail L7 29 Retaining Wall L2 10d Mon 6/11101 Fri 6122/01 . Retaining Wall L2 30 Retaining Walll L3 100 Mon 6/25/01 Fri 7/6101 - Retaining Weill L3 31 Foundation-Lower Structure 15d Mon 719/01 Fri 7/27101 Foundation-Lower Stmt; 32 Framing-Lower Structure 20d Mon 7130/01 Fri 8/24101 _ Framing-W�s. 33 Decks-Lower Structure 20d Mon 8127/01 Fri 9/21/01 Deck_ 34 Exterior-Lower Structure 15d Mon 8/27/01 Fri 9114101 Exterio, 35 Mecl✓Elec Lower Structure 25d Mon 924/07 Fri 10/26101 36 Paving-Lower Structure 5d on 10129/01 Fri 11/2/01 37 Landscaping-Lower Structure 15d Mon 9/17101 Fri 10/5/01 _ 38 Roadwork-Relocated Snowmelt Road 25d Mon 9177/01 Fri 10/19/01 39 Project:Snowiness Village Transit&Parking Task Progress o� Milestone Date:Fri 4/21/00 2002 �_ Nov Dec Jan Feb Mar A r Ma Jun Jul A Sep Oct -- Dec Phase 1-Upper Parking Structure Aructure -Upper Structure Upper Structure MechlElec-Upper Structure ■ Paving-Upper Structure endscaping-Upper Structure Phase 2 -Lower Parking Structure NClure ower Structure ower Structure MechlElec Lower Structure Paving-Lower Structure .dscaping-Lower Structure: Roadwork-Relocated Snowmelt Road Summary ^ Rolled Up Task Rolled Up Milestone O Rolled Up Progress 301 2001 ID Task Name Duration Start Finish A r Ma Jun Jul Au Se 40 Phase 3-Transit Level 150d Fri 4119102 Thu 11/14102 41 Mobilization 5d Fri 4/19/02 Thu 4125/02 42 ReRoule RFTA Buses to Lower Structure 5d Fri 4/26/02 Thu 512/02 43 Utility Relocations Mall.Lots 5&6 20d Fri 5/3102 Thu 5/30102 44 Excavation-Transit Level 40d Fri 5/3/02 Thu 6127/02 45 Retaining Wall T3 20d Fri 5/31/02 Thu 6/27/02 46 Retaining Wall T1 Stl Fri 6/28/02 Thu 7/4/02 47 Retaining Wall T2 10d Fri 715/02 Thu 7/18/02 48 Transit Island 15d Fri 7/19/02 Thu 818/02 49 Restrooms 20tl Fri 6/9/02 Thu 915102 50 Landscaping 20d Fr110/18/02 Thu 11114/02 51 52 Phase 4-Pedestrian Level 70d Fri 819/02 Thu 11/14/02 53 Pedestrian Bridge 30d Fri 8/9/02 Thu 9/19/02 54 Pedestrian Deck 20d Fri 9/20102 Thu 10/17/02 55 Elevators.Escalators.Stairs.Ramps 40d Fri 9/20/02 Thu 11/14/02 56 Into Kiosk 20d Fri 10/18/02 Thu 11/14/02 Project:Sno,vmass Village Transit&Parking Task Progress Milestone Date:Fri 4/21/00 - 2002 Nov Dec Jan Feb I Mar I Apr i may Jun I ul Au :::11 Oct Nov Dec NOW Phase 3-Tran Mobilization ReRoute RFTA Buses to Lower Structure - Utility Relocations Mall,Lots 5 d 6 Excavation-Transit Level Retaining Well T3 . Retaining Wall T7 Retaining Wall T2 _Transit island - Restrooms _ Landscaping MENMW Phase 4-Petle - Pedestrian Bridge - Pedestrian Deck Elevators.Escal - Into Klosk Summary ^ Rolled Up Task Rolled Up Milestone O Rolled Up Progress age 2 UlAwflL Maer Ito 'Cob, TOWN OF SNOWMASS VILLAGE MAXIMUM INCOME GUIDELINES Property Current Alpine Bank Proposed Proposed Proposed Purchase Price Allowable Min. Annual Income Annual Income Annual Income Max.Annual Qualifying 15%over Loan 20%over Loan 25%over Loan Income Annual Income requirement requirement requirement 56% with 20% down 1. 2. 3. 4. 5. 6. $70,000.00 ff�� $49,940.00 23,305.00 $26,801.00 $27,966.00 $29,131.00 $80,000.00 26,635.00 $30,630.00 $31,962.00 $33,294.00 $90,000.00 29,964.00 $34,459.00 $35,957.00 $37,455.00 $100,000.00 33,293.00 $38,287.00 $39,952.00 $41,616.00 $110,000.00 36,623.00 $42,116.00 $43,948.00 $45,779.00 $120,000.00 39,952.00 $45,945.00 $47,942.00 $49,940.00 $130,000.00 43,281.00 $49,773.00 $51,937.00 $54,101.00 $140,000.00 46,610.00 $53,601.00 $55,932.00 $58,262.00 $150,000.00 $57,431.00 $59,928.00 $62,425.00 $160,000.00 : $53,269.00 $61,259.00 $63,923.00 $66,586.00 $170,000.00 $56,598.00 $65,088.00 $67,918.00 $70,747.00 $180,000.00 $59,928.00 $68,917.00 $71,914.00 $74,910.00 $190,000.00 00100;_ „ $63,257.00 $72,746.00 $75,908.00 $79,071.00 $200,000.00 $66,586.00 $76,574.00 $79,903.00 $83,232.00 $210,000.00 $69,916.00 $80,403.00 $83,899.00 $87,395.00 $220,000.00 $73,245.00 $84,232.00 $87,894.00 $91,556.00 $230,000.00 $76,574.00 $88,060.00 $91,899.00 $95,717.00 $240,000.00 $79,904.00 $91,890.00 $95,885.00 $99,880.00 $250,000.00 $83,233.00 $95,718.00 $99,880.00 $104,041.00 $260,000.00 $86,562.00 $99,546.00 $103,874.00 $108,202.00 $270,000.00 $89,892.00 $103,376.00 $107,870.00 $112,365.00 $280,000.00 $93,221.00 $107,204.00 $111,865.00 $116,526.00 $290,000.00 $96,550.00 $111,032.00 $115,860.00 $120,687.00 $300,000.00 $99,880.00 $114,862.00 M$119,856.00.00 $124,850.00 310,000.00 0 D $103,209.00 $118,690.00 1.00 $129,011.00$320,000.00 $106,538.00 $122,519.00 .00 $133,172.00 $330,000.00 $109,868.00 $126,348.00 2.00 $137,335.00 $340,000.00 $113,197.00 $130,177.00 6.00 $141,496.00 $350,000.00 $115,526.00 $132,855.00 1.00 $144,407.00 360,000.00 $119,856.00 $137,834.00 7.00 $149,820.00 $370,000.00 $123,185.00 $141,663.00 , 2.00 $153,981.00 $380,000.00 $126,514.00 $145,491.00 $151,817.00 $158,142.00 $390,000.00 $129,843.00 $149,319.00 $155,812.00 $162,304.00 $400,000.00 $133,173.00 $153,149.00 $159,808.00 $166,466.00 $410,000.00 $136,502.00 $156,977.00 $163,802.00 $170,627.00 $420,000.00 $139,831.00 $160,806.00 $167,797.00 $174,789.00 $430,000.00 $143,161.00 $164,635.00 $171,793.00 $178,951.00 $440,000.00 0« $146,490.00 $168,463.00 $175,788.00 $183,112.00 $450,000.00 $149,819.00 $172,292.00 $179,783.00 $187,274.00 Table Description 1. Column one is the Property Purchase Price. 2. The second column is our current Allowable Income Guidelines. The Annual Income allowed currently seems to be quite high. 3. Column three is the Qualifying Annual Income required by Alpine Bank for the loan amount. A 20% down payment is required for these loan amounts. 4. Columns four, five and six represent 15%,20%and 25%respectively of Annual Income allowed over the minimal qualifying loan amount listed in column three. la-sales/resale/income t TOWN OF SNOWMASS VILLAGE MAXIMUM NET WORTH GUIDELINES Purchase Price Current Net 25% o Worth of 5 )f 7 of 100% 12 of of f of of Guidelines Purchase Price Purchase Price Purchase Price Purchase Price 136% Purchase Price. 1. 2. 3. 4. 5. 6. $70,000.00 40000 ,. $17,500.00 $35,000.00 $52,500.00 $70,000.00 $87,00.00 $80,000.00 105;600;00. $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $90,000.00 J ;BQq,Qp . $22,500.00 $45,000.00 $67,500.00 $100,000.00 1, 2,000.00... $25,000.00 $90,000.00 $112,500.00 $110,000.00 $50,000.00 $75,000.00 $100,000.00 $125,000.00 " 5,24DQO,fr.,.' $27,500.00 $55,000.00 $82,500.00 $110,000.00 $137,500.00 $120,000.00 00.00 ` r $30,000.00 $60,000.00 $90,000.00 $130,000.00 ,6p0,p0. $32,500.00 $65,000.00 $97,500.00 $120,000.00 $150,000.00 $140,000.00 4,00.-00 $35000.00 $130,000.00 $162,500.00 $150,000.00 $70,000.00 $105,000.00 $140,000.00 $175,000.00 $37,500.00 075,000.00 $112,500.00 $150,000.00 $187,500.00 $160,000.00 qQ; $$$170,,,000..00 0 qqQ; 00.00 p 40,0 $800,000..00 120,,000.00 $160,,000..00 $250,,,,0000000...0000 0 0 45 10 127500.00 $170000.00$180000.00 45,000.00 5 900000 , , . 0.00 $180,00.00 $225000.00;ao'vo.r $47,500.00 95,000.00 $142, 00.00 90,000.00 00.00 0200,000.00 ,00 0r $50,000.00 10,000.00 $150,000.00 O $200 0 210,000. 77,20 $52,500.00 $105,000.00 $157,500.00 $210,000.00 $262,500.00 $220,000.00 90 quu.00 ;'c $55,000.00 $110,000.00 $165,000.00 $220,000.00 $275,000.00 $230,000.00 ,6Qp00 ! $57,500.00 $115,000.00 $172,500.00 $230,000.00 $287,500.00 $240,000.00 6,$00.00+ `r $60,000.00 $120,000.00 $180,000.ou 240,000.00 $300,000.00 250,000.00 p,p0O,O0 $62,500.00 $125,000.00 $187,500.00 $250,000.00 $260,000.00 }12, p,QQ= $65,000.00 $130,000.00 $195,000.00 $260,000.00 $312,500.00 $270,000.00 0 ;QO $67,500.00 $135,000.00 $202,500.00 $270,000.00 $325,000.00 $280,000.00 3 9,60000,;==_, $70,000.00 $140,000.00 $337,500.00 290,000.00 2'800l pq� , $210,000.00 280,000.00 $350,000.00 $72,500.00 $145,000.00 $217,500.00 $290,000.00 $362,500.00 $300,000.00 „Q ,Q 4l $75,000.00 $150,000.00 $225,000.00 $300,000.00 $375,000.00 310,000.00 0 '* $77,500.00 $155,000.00 $232,500.00 $310,000.00 $387,560.00 $320,000.00 2 p Q, ; $801000.00 $1601000.00 $240,000.00 $320,000.00 $400,000.00 $330,000.00 35 Q. OV $82,500.00 $165,000.00 $247,500.00 $330,000.00 $412,500.00 $340,000.00 $x$ pqp :, $85,000.00 $170,000.00 $255,000.00 $340,000.00 , ; , $425,000.00 0350,000.0 g g000I;' $87,500.00 175,000.00 $262,500.00$360000 $35000000 $437,500.00 $370,000.00 $90,000.00 5 9 , . $92,500.00 8 ,000 $27 ,500.0 $370,000.00 $462,500.00 $380,000.00 Ql, QQ Qp w $95,000.00 $190,000.00 $285,000.00 $380,000.00 $475,000.00 390,000.00 954x8 ; Qua $97,500.00 $195,000.00 $292,500.00 $390,000.00 $487,500.00 $400,000.00 28,000 00 ', $100,000.00 $200,000.00 $300,000.00 $400,000.00 $500,000.00 $410,000.00 „�, 5Q'I 200 QQ t� $102,500.00 $205,000.00 $307,500.00 $420,000.00 534,400 00 3.ki.; $105000.00 $210,000.00 $410,000.00 $512,500.00 430,000.00 $315,000.00 $420,000.00 $525,000.00 5696000O .,W: $107,500.00 $215,000.00 $322,500.00 $430,000.00 537,500.00 $440,000.00 80,$0000 $110,000.00 $220,000.00 $330,000.00 $440,000 $550,000.00 450,000.00 ,4,$5 4 .00,Op0O0 �. $112,500.00 $225,000.00 $337,500.00 $450,000.00 $562,000.00 TABLE DESCRIPTION 1. Column one is the Property Purchase Price. 2. Column two is the Current Maximum Net Worth Guidelines used which is 136%over the Purchase Price. 3. Columns three, four, five, six and seven represent 25%, 50%, 75%, 100%and 125%respectively of Net Worth amounts using the Purchase Price as the base number. T/WW/VP'r1 EXEC . ID :9709235185 RPR 14 '00 14 :50 PIo . 004 P . 01 'DRt�4l�(Z DK1r, nlll��llu .i� k4, n , 4 - v-X V1 : SNOWMASS RECREATIONAL LAND CO., LLC April 13,2000 VIA FACSIMILE 923-6083 Stephen R. Connor,Esq. Town of Snowmass Village Post Office Box 5010 Snowmass Village,Colorado 81615 Re: Solicitation of Offer to Pnrchase Real Property Dear Steve: As you know, Snowmass Recreational Land Company("SRLC")has made a request of the Town Council to discuss any implicit offer of the Town to acquire part of or all of the property at the Rodeo Grounds owned by SRLC. Approximately two months ago SRLC made a verbal offer to Mayor Manchester and Councilman Costello to sell to the Town a portion of the pond and the adjacent property along Brush Creek in the form of a conservation easement running to the benefit of the Town for two million dollars. This offer was in response to the Council's stated concerns of protecting the open space at the rntrance to Snowmass Village and its commitment to restore and preserve Brush Creek. Subsequent to SRLC's listing of the Rodeo Grounds property to be sold,several members of the Council including Mayor Manchester expressed publicly that it was the Town's desire to purchase the property outright. Within the last few weeks I received a telephone call from Gary Suiter asking questions that presumably were pursuant to completing an appraisal of the property's value. The objective of a meeting with the Council in executive session is to solicit an offer to purchase all or part of the Rodeo Grounds pursuant to the above mentioned statements of interest published by the Council. Yours very truly, SNOWMASS RECREATIONAL LAND COMPANY,LLC •, J.L General Counsel SNOWMASS RECREATIONAL LAND COMPANY, LLC P. O. BOX 5009, SNOWMASS VILLAGE, COLORADO 81615 / (970) 923-3520 ;T/WW/VPM EXEC . ID :9709235185 APR 21 '00 14 :41 PJo .003 P . 01 SNOWMASS RECREATIONAL LAND CO., LLC April 21,2000 VIA FACSIMILE(303)265-9076 Stephen R.Connor, Esq. 323 West Main Street, Suite 301 Aspen,Colorado 81611 Re: Offer to Sell Real Property Dear Steve: Please find the attached diagramming our understanding of the subject matter of previous conversations had with council members regarding the Town's purchase of a portion of the Rodeo Grounds. As noted on the diagram,the area encompasses over 100,000 square feet- The demarcated site includes the entire area in which Brush Creek runs through the Rodeo Grounds as well as a portion of the pond. As previously noted,this area provides the Town with the opportunity to continue its Brush Creek enhancement program and allows the Town access to the pond for public recreational purposes. Presumably,although not previously specifically discussed,the Town would use this area for ' the purposes stated above in addition to the publicly stated goals of the preservation of open space at the entrance to Snowmass Village. Please call me with comments. Yours very truly, SNOWMASS RECREATIONAL LAND COMPANY,LLC J.Lance urweil General Counsel Attachment. SNOWMASS RECREATIONAL LAND COMPANY, LLC P. O. BOX 5009, SNOWMASS VILLAGE, COLORADO 81615 / (970) 923.3520 ,T/WW/VPM EXEC . ID :9709235185 APR 21 ,00 14 :42 No . 003 P .02 �a 60M 1 4 1,'0 1 i 3 1 0 4 12 Ale?, I C 0 C C Ot . ----- -- *A-t6S .. .. . ....... IDS l of .... . :j ..... Assessor's Parcel Map