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07-10-00 Town Council Packet �5 SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION 07-10-2000 2:00 — 3:00 P.M. MALL TRANSIT PLAZA DISCUSSION -- Joe Kracum..................................NO PACKET IINFORMATION 3:00 — 3:45 PARCEL "N" FINANCING DISCUSSION -- Marianne Rakowski/Steve Connor...................................Page 1 3:45 —4:15 PARCEL "N" SITE PLAN & BUILDING PLAN REVIEW -- Joe Coffey/Scott Smith.....................................................Page 8 4:15 — 4:55 ARTICLE IV, LAND USE CODE DISCUSSION -- Craig Thompson/Steve Connor......................................Page 10 4:55 — 5:00 BREAK +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING 07-10-2000 CALL TO ORDER AT 5:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-Minute Time Limit) Item No. 3: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 07, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT AND SECOND READING ACTION ON AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF ARTICLE IV OF CHAPTER 16A OF THE MUNICIPAL CODE. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. (Public Hearing continued from 06-19-00 and Second Reading tabled from 06-19-2000) -- Craig Thompson/Steve Connor ................................................ Page 12 Item No. 4: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 17, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT AND SECOND READING ACTION ON AN ORDINANCE REZONING PARCEL K, FARAWAY RANCH GROSS PARCEL PLAT, AND CERTAIN PORTIONS OF FARAWAY ROAD AS DESIGNATED WITHIN THE TIMBERS AT SNOWMASS FINAL PLANNED UNIT DEVELOPMENT PLAN, FROM SPA-1, SPECIALLY PLANNED AREA, TO MF, MULTI-FAMILY -- Chris Conrad............................................................................Page 74 Item No. 5: RECONSIDERATION — ORDINANCE NO. 12, SERIES OF 1999 07-10-00tc Page 2 AN ORDINANCE AMENDING ORDINANCE NO. 6, SERIES OF 1994, THE EAST VILLAGE PLANNED UNIT DEVELOPMENT LAND USE PLAN MAP AND SUBDIVISION PLAT, AS APPROVED, AND TO REZONE A 3.201 ACRE PORTION OF PARCEL F, LOT 3, EAST VILLAGE PLANNED UNIT DEVELOPMENT FROM OS-OPEN SPACE TO PUB-PUBLIC IN ORDER TO PERMIT THE SNOWMASS NATURE CENTER EDUCATIONAL FACILITY. -- Steve Connor............................................................................ Page 81 Item No. 6: RESOLUTION NO. 26, SERIES OF 2000 A RESOLUTION APPOINTING FIVE NEW MEMBERS TO THE TOWN OF SNOWMASS VILLAGE ARTS ADVISORY BOARD -- Gary Suiter...............................................................................Page 90 Item No. 7: MANAGER'S REPORT -- Gary Suiter...............................................................................Page 92 Item No. 8: PUBLIC HEARING — RTA INTERGOVERNMENTAL AGREEMENT DISCUSSION — (NOTICED FOR 6:OOPM) A PUBLIC HEARING TO PROVIDE PUBLIC INFORMATION AND RECEIVE PUBLIC COMMENT REGARDING AN INTERGOVERNMENTAL PROPOSAL TO FORM AND FUND A REGIONAL TRANSPORTATION AUTHORITY (RTA) -- Alice Hubbard......................................................No Packet Information Item No. 09: APPROVAL OF WORK SESSION SUMMARIES FOR 05-30-00 06-05-00 AND06-08-00 ............................................................................ Page 105 Item No. 10: DISCUSSION COUNCIL REPRESENTATIVE FOR GRASSROOTS TV BOARD OF DIRECTORS (Tabled from 06-19-00) -- Doug Mercatoris......................................NO PACKET INFORMATION Item No. 11: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/STATUS REPORT ....................................................................................................Page 113 Item No. 12: CALENDARS ...................................................................................................Page 120 Item No. 13: 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. � Sum a� 7T/S Mountain View II and Parcel 'N' Profiles Mountain View II 26 #of Units 17,794 Total Square Feet 2,837,667 Total Construction Cost(soft and hard costs) $ 159.47 Amount Cost per Square Foot $ 1 028,552 Amount of Subsidy 36.25% Subsidy as a% of Construction $ 57.80 Subsidy per Square Foot 39,560 Subsidy per Unit 30 $ 34,285 Subsidy per Bedroom Parcel ,N, Subsidy#1 17 17 #of Units 26,879 26,879 Total Square Feet 5,852,924 $ 5,852,924 Total Construction Cost(soft and hard costs) $ 217 75 $ 217.75 Cost per Square Foot $ 1,041,293 $ 2,229,293 Amount of Subsidy 17.79% 38.09% Subsidy as a %of Construction $ 38.74 $ 82.94 Subsidy per Square Foot 61,253 131,135 Subsidy per Unit 44 $ 23,666 50,666 Subsidy per Bedroom v Draft of 6/23/00 DRAFT ROARING FORK TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT by and among CITY OF ASPEN, COLORADO TOWN OF BASALT, COLORADO TOWN OF CARBONDALE, COLORADO EAGLE COUNTY, COLORADO GARFIELD COUNTY, COLORADO CITY OF GLENWOOD SPRINGS, COLORADO PITKIN COUNTY, COLORADO and TOWN OF SNOWMASS VILLAGE, COLORADO Dated as of September 1, 2000 creating the °i Roaring Fork Transportation Authority" as a Rural Transportation Authority pursuant to the Colorado Rural Transportation Authority Law, Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended. 0267662.05 TABLE OF CONTENTS Page RECITALS .................................................................................................................................... 1 AGREEMENT...............................................................................................................................2 ARTICLE I DEFINITIONS Section 1.01. Definitions from the Act..................................................................................2 Section 1.02. Other Definitions .............................................................................................2 ARTICLE II ESTABLISHMENT OF THE AUTHORITY Section2.01. Establishment...................................................................................................4 Section2.02. Purpose.............................................................................................................5 Section2.03. Boundaries ....................................................................................................... 5 Section2.04. Voter Approval ................................................................................................5 ARTICLE III BOARD OF DIRECTORS Section 3.01. Establishment and Powers...............................................................................5 Section3.02. Directors...........................................................................................................5 Section 3.03. Alternate Direct ors........................................................................................... 5 Section 3.04. Appointment of Directors and Alternate Directors..........................................5 Section3.05. Terms of Office................................................................................................ 6 Section 3.06. Resignation and Removal................................................................................6 Section3.07. Vacancies......................................................................................................... 6 Section3.08. Compensation .................................................................................................. 6 Section 3.09. Resolutions and Voting....................................................................................6 Section 3.10. Powers of the Board.........................................................................................6 ARTICLE IV COMMITTEES Section 4.01. Advisory Committees...................................................................................... 7 Section 4.02. Action Committees ..........................................................................................7 02.67662.05 ARTICLE V OFFICERS Section5.01. Generally................................................................:......................................... 7 Section5.02. Chair................................................................................................................. 7 Section5.03. Vice Chair........................................................................................................ 7 Section5.04. Secretary .......................................................................................................... 8 Section5.05. Treasurer..........................................................................................................8 o Section 5.06. Executive Director...........................................................................................8 Section 5.07. Resignation and Removal................................................................................ 8 Section 5.08. Changes to Authority, Powers and Duties....................................................... 8 Section5.09. Vacancies.........................................................................................................8 Section5.10. Compensation .................................................................................................. 8 ARTICLE VI POWERS OF THE AUTHORITY Section 6.01. General Grant of Powers..................................................................................9 Section 6.02. Specific Responsibilities..................................................................................9 Section 6.03. Limitations on Powers of the Authority......................................................... 10 ARTICLE VII FUNDING THE AUTHORITY Section 7.01. Initial Authority Sales Tax............................................................................. 10 Section 7.02. Special Funding Arrangements Regarding Pitkin County Sales Tax............ 1 I Section 7.03. Special Funding Arrangement Regarding Eagle County Sales Tax.............. 11 Section 7.04. Additional Authority Sales Taxes.................................................................. 12 Section 7.05. Visitor Benefit Tax ........................................................................................ 12 Section 7.06. Local Transportation Services ....................................................................... 12 Section 7.07. Member Contributions................................................................................... 12 Section 7.08. Mitigation of Development Impacts.............................................................. 13 . Section 7.09. Pursuit of Federal and State Grants ................................................................ 13 Section7.10. Bonds............................................................................................................. 13 Section 7.11. Elimination of Existing Cash Contributions to RFTA and RFHRA ............. 13 Section 7.12. No Implied Limits on Powers........................................................................ 13 02.67662.05 11 ARTICLE VIII REORGANIZATION OF RFTA AND RFRHA Section 8.01. Reorganization Plan....................................................................................... 13 Section 8.02. Reorganization of RFTA................................................................................ 13 Section 8.03. Reorganization of RFRHA ............................................................................ 14 Section 8.04. Maintenance of Eff ort.................................................................................... 15 ARTICLE IX MEMBERS Section9.01. Initial Members.............................................................................................. 15 Section 9.02. Additional Members ...................................................................................... 16 Section 9.03. Withdrawal and Removal of Members.......................................................... 16 ARTICLE X TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION Section 10.01. Effective Date ................................................................................................ 16 Section10.02. Termination.................................................................................................... 16 Section 10.03. Distribution of Assets Upon Termination...................................................... 17 ARTICLE XI INDEMNIFICATION Section 11.01. Indemnification.............................................................................................. 17 ARTICLE XII AMENDMENTS Section 12.01. Amendments Generally ................................................................................. 17 Section 12.02. Amendments to Boundaries, Authorized Transportation Projects and Location of Authorized Transportation Projects............................................ 17 Section 12.03. Modification of Appendix B.......................................................................... 17 02-67662.05 111 ARTICLE XIII MISCELLANEOUS Section 13.01. Adoption and Execution of Agreement in Accordance with Law................. 18 Section 13.02. Parties in Interest............................................................................................ 18 Section 13.03. No Personal Liability..................................................................................... 18 Section13.04. Notices........................................................................................................... 18 Section13.05. Assignment .................................................................................................... 18 Section 13.06. Severability...................................................................................:................ 18 Section 13.07. Interpretation.................................................................................................. 19 Section 13.08. Governing Law .............................................................................................. 19 Section13.09. Counterparts................................................................................................... 19 APPENDIX A BOUNDARIES OF THE ROARING FORK TRANSPORTATION AUTHORITY APPENDIX B DRAFT BALLOT QUESTION APPENDIX C REGIONAL TRANSIT SERVICES TO BE PROVIDED BY THE AUTHORITY APPENDIX D RATIONALE FOR DIFFERENCES IN INITIAL AUTHORITY SALES TAX RATES APPENDIX E PAYMENTS TO PITKIN COUNTY WITH RESPECT TO PITKIN COUNTY BONDS PAYABLE FROM PITKIN COUNTY 1% TRANSPORTATION SALES TAX APPENDIX F INITIAL CAPITAL PROGRAM 02-67662.05 iv ROARING FORK TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT THIS ROARING FORK TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into as of September 1, 2000 by and among CITY OF ASPEN, COLORADO; TOWN OF BASALT, COLORADO; TOWN OF CARBONDALE, COLORADO; EAGLE COUNTY, COLORADO; GARFIELD COUNTY, COLORADO; CITY OF GLENWOOD SPRINGS, COLORADO; PITKIN COUNTY, COLORADO; and TOWN OF SNOWMASS VILLAGE, COLORADO (the "initial Members"). RECITALS WHEREAS, pursuant to title 43, article 4, part 6, Colorado Revised Statutes, as amended (the "Act"), Colorado counties and municipalities are authorized to establish, by contract, rural transportation authorities, which, upon the satisfaction of the conditions set forth in Section 2.01 hereof, are authorized to finance, Construct, operate and maintain rural transportation systems; and WHEREAS, pursuant to title 29, article 1, part 2, Colorado Revised Statutes, as amended (the "Intergovernmental Relations Statute"), and article XIV, section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; and WHEREAS, initial Members are counties and municipalities located in or near the Roaring Fork River Valley in west-central Colorado that desire to form a rural transportation authority pursuant to the Act and the Intergovernmental Relations Statute for the purpose of financing, constructing, operating and maintaining rural transportation systems consisting of the Authorized Transportation Projects described herein; and WHEREAS, in 1976, Pitkin County began providing regional public transit services in the Roaring Fork Valley in west-central Colorado; and WHEREAS, the Roaring Fork Transit Agency ("RFTA") was created in 1983 by an intergovernmental agreement between the City of Aspen and Pitkin County that merged their separate transit services in order to achieve greater operating efficiencies; and WHEREAS, upon its creation, RFTA assumed responsibility for providing regional transit services in cooperation with local governments throughout the Roaring Fork Valley; and WHEREAS, approximately half of RFTA's annual ridership, service miles and costs are associated with regional public transit services, and regional ridership increased by 134% from 1991 through 1998; and 02.67662.05 WHEREAS, 20-year regional population projections indicate that improved and expanded regional transit services will be even more necessary in the future to reduce automobile congestion, maintain the quality of life and preserve the environment; and WHEREAS, current funding mechanisms are inadequate to maintain and improve regional transit services; and WHEREAS, the initial Members formed a policy committee (the "Policy Committee") in January 2000 which has met in six meetings to consider the interests of the initial Members, a public opinion survey and other technical information, and the recommendations of a specially formed citizen's committee; and WHEREAS, following consideration of all relevant information, the Policy Committee specified the terms of this Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants set forth below, the Members hereby agree as follows: ARTICLE I DEFINITIONS Section 1.01. Definitions from the Act The following terms shall, when capitalized, have the meanings assigned to them in section 602 of the Act: "Bond," "Construct," "Construction," "County," "Division," "Municipality," "Person," "Rural Transportation Activity Enterprise,""Rural Transportation System"and "State." Section 1.02. Other Definitions. The following terms shall, when capitalized, have the following meanings: "Act" is defined in the Recitals hereto. "Action Committee" means two or more persons to whom the Board has delegated any of its powers pursuant to Section 4.02 hereof. "Advisory Committee" means two or more persons appointed by the Board pursuant to Section 4.01 hereof for the purpose of providing advice to the Board and includes the Citizen Advisory Committee. "Agreement" means this Roaring Fork Transportation Authority Intergovernmental Agreement, as amended from time to time in accordance with the terms hereof. "Alternate Director" means any person appointed as an Alternate Director pursuant to Section 3.03 hereof. 02-67662.05 2 "Authority" means the Roaring Fork Transportation Authority, a separate political subdivision of and body corporate of the State established pursuant to this Agreement as a rural transportation authority under the Act and as a separate legal entity under the Intergovernmental Relations Statute. "Authority Sales Tax" means a sales and use tax levied by the Authority in all or any designated portion of the Members in accordance with section 6.05(1)(i) of the Act. "Authorized Transportation Projects" means the Rural Transportation Systems described in Section 2.02 hereof, as such term may be amended from time-to-time in accordance with Article XII hereof. "Board"means the Board of Directors of the Authority. "Boundaries" means the boundaries of the Authority described in Appendix A hereto, as Appendix and term may be amended from time-to-time in accordance with Article XII hereof. "Citizen Advisory Committee" means the special Advisory Committee described in Section 4.01 hereof. "Committee" means any Advisory Committee or Policy Committee. "Corridor Investment Study" means the West Glenwood Springs to Aspen Corridor Investment Study/Environmental Impact Statement. "Denver Rio Grande Right-of-Way" means the 42-mile transportation/recreation corridor that varies in width from 50 to 200 feet extending from downtown Glenwood Springs to Woody Creek, Colorado that is owned by RFRHA and/or the members of RFRHA and is the subject of the Corridor Investment Study. "Director" means any person appointed as a Director pursuant to Section 3.02 hereof. Whenever the person appointed as a Member's Director pursuant to Section 3.02 hereof is absent from a Board meeting, the term "Director" shall mean the Alternate Director, if any, appointed by such Member pursuant to Section 3.03 hereof. "Eagle County Transportation %% Sales Tax" means the sales tax levied by Eagle County pursuant to Resolution No. 95-95 of the Board of County Commissions of Eagle County, as such resolution has been or may be amended from time to time. "Governing Body" means, when used with respect to a Member, the city council, board of trustees,board of commissioners or other legislative body, as appropriate, of such Member. "Initial Authority Sales Tax" means the Authority Sales Tax described in Section 7.01 hereof. "Intergovernmental Relations Statute"is defined in the Recitals hereto. "Member"means any Municipality or County that is a member of the Authority. 02-67662.05 3 "Officer" means the Chair, Vice Chair, Secretary, Treasurer or Executive Director of the Authority, and any subordinate officer or agent appointed and designated as an officer of the Authority by the Board. "Pitkin County 1% Transportation Sales Tax" means the sales tax levied by Pitkin County pursuant to Resolution No. 83-30, Series 1983, Resolution 85-45, Series 1985 and Resolution No. 85-46 of the Board of County Commissioners of Pitkin County, as such resolutions have been or may be amended from time to time. "Policy Committee" is defined in the Recitals hereto. "RFTA" is defined in the Recitals hereto. "RFRHA" means the Roaring Fork Rail Holding Authority created by intergovernmental agreement among the Cities of Aspen and Glenwood Springs, the Towns of Basalt, Carbondale and Snowmass Village and Eagle and Pitkin Counties. "Regional Transit Services" means the transit services described in Appendix C hereto, as such Appendix may be amended from time-to-time in accordance with Article XII hereof. "Visitor Benefit Tax" means a visitor benefit tax levied by the Authority in all or any designated portion of a Member in accordance with section 605(1)(i.5) of the Act and Section 7.05 hereof. ARTICLE II ESTABLISHMENT OF THE AUTHORITY Section 2.01. Establishment. The Members hereby establish the Roaring Fork Transportation Authority as a separate political subdivision and body corporate of the State pursuant to the Act and as a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute, effective upon satisfaction of the following conditions: (a) each initial Member (i) has held at least two public hearings on the subject of this Agreement in accordance with section 603(3) of the Act and (ii)has executed this Agreement (which execution shall constitute a representation by such initial Member to the other initial Members that the executing Member has held the public hearings required by section 603(3) of the Act and that the Governing Body of such initial Member has duly authorized such execution); (b) this Agreement has been approved by a majority of the registered electors residing within the initial Boundaries of the Authority who vote in a general election or special election called for such purpose in accordance with section 603(4) of the Act; and (c) the Director of the Division has issued a certificate pursuant to section 603(1) of the Act stating that the Authority has been duly organized according to the laws of the State. 02-67662.05 4 Section 2.02. Purpose. The purpose of the Authority is to finance, construct, operate and maintain an efficient, sustainable regional and local (only with regard to §§ 6.02(f), 7.04(b), and 7.06 hereof) multi-modal transportation system at any location or locations within or without the Boundaries of the Authority, subject to compliance with the Act (collectively, the "Authorized Transportation Projects"). Section 2.03. Boundaries. The Boundaries of the Authority shall be as set forth in Appendix A hereto. Any territory included in the Boundaries of the Authority because the territory is included in the boundaries of a Municipality shall automatically be amended to include any territory annexed to the Municipality. Section 2.04. Voter Approval. (a) The initial Members hereby agree to submit a ballot question to the registered electors residing within the initial Boundaries of the Authority at an election held on November 7, 2000 that is conducted in accordance with the Act and other applicable law. The current draft of the ballot question is set forth in Appendix B hereto, but the initial Members expressly authorize the Policy Committee to modify the form of ballot question to conform to the provisions of this Agreement, to comply with applicable law and otherwise as they deem necessary or convenient. (b) The initial Members hereby appoint Alice Hubbard as the designated election official for purposes of the November 7, 2000 election. (c) RFTA shall pay the costs of the November 7, 2000 election that are attributable to the ballot question submitted pursuant to this Section. ARTICLE III BOARD OF DIRECTORS Section 3.01. Establishment and Powers: The Members hereby establish the Board of Directors of the Authority. The Board shall exercise and perform all powers, privileges and duties vested in or imposed on the Authority. Subject to the provisions of this Agreement, the Board may delegate any of its powers to any Director, Officer, Action Committees or agents of the Authority. Section 3.02. Directors. The Board shall be composed of one Director appointed by each Member. Section 3.03. Alternate Directors. In addition to the Director appointed by it, each Member shall appoint an Alternate Director who shall be deemed to be such Member's Director for all purposes, including, but not limited to, voting on resolutions whenever the person appointed as such Member's Director is absent from a Board meeting. Section 3.04. Appointment of Directors and Alternate Directors. The Director and the Alternate Director appointed by a Member shall be a member of the Governing Body of such Member and shall be appointed by the Governing Body of such Member. 02.67662.05 5 Section 3.05. Terms of Office. The term of office of each Director and Alternate Director shall commence with the first meeting of the Board following his or her appointment and shall continue through the earlier to occur of (a) the date on which a successor is duly appointed or (b)the date on which he or she ceases to be an elected official of the appointing Member. Section 3.06. Resignation and Removal. Any Director or Alternate Director may resign at any time, effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning, and may be removed at any time in the same manner in which he or she was appointed, effective upon receipt by the Secretary or the Chair of written notice signed by the Governing Body of the appointing Member. Section 3.07. Vacancies. Vacancies in the office of any Director or Alternate Director shall be filled in the same manner in which the vacant office was originally filled pursuant to Section 3.04 hereof. Section 3.08. Compensation. The Authority may compensate Directors and Alternate Directors for services performed, and may reimburse them for expenses incurred, in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. Section 3.09. Resolutions and Voting. All actions of the Board shall be by resolution, which may be written or oral. Except as otherwise provided in Section 9.02 hereof(relating to additional Members), Section 9.03 hereof (relating to removal of Members) and Article XII hereof (relating to amendments to this Agreement), resolutions of the Board shall be adopted upon the affirmative vote of at least two-thirds of the Directors then in office who are eligible to vote thereon voting at a meeting open to the public. The Authority shall provide at least 48 hours' written notice of meetings to each Director and Alternate Director and to the Governing Body of each Member. Notwithstanding any other provision hereof, a Director shall disqualify himself or herself from voting on any issue with respect to which he or she has a conflict of interest, unless he or she has disclosed such conflict of interest in compliance with section 18-8-308, Colorado Revised Statutes, as amended. Section 3.10. Powers of the Board. The Board shall, subject to the limitations set forth herein, have (a) all powers that may be exercised by the board of directors of a rural transportation authority pursuant to the Act, including, but not limited to, the powers conferred by section 604(3) of the Act, and (b) all powers that may be exercised by the governing board of a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. ARTICLE IV COMMITTEES Section 4.01. Advisory Committees. The Board shall appoint and maintain a Citizen Advisory Committee to advise the Board with respect to policy and service matters. The Board may also appoint other Advisory Committees to advise the Board. The members of the Citizen 02-67662.05 6 Advisory Committee must reside within the Boundaries of the Authority but shall not be Directors, Alternate Directors or Officers of the Authority. The members of Advisory Committees other than the Citizen Advisory Committee must reside within the boundaries of the Members of the Authority and may include Directors, Alternate Directors and Officers of the Authority. Advisory Committees shall not be authorized to exercise any power of the Board. Section 4.02. Action Committees. The Board may appoint one or more Action Committees to which the Board may delegate any power of the Board other than the power to tax, impose vehicle registration fees or levy assessments. The members of Action Committees must be Directors, Alternate Directors or elected officials or employees of Members. ARTICLE V OFFICERS Section 5.01. Generally. The Board shall appoint a Chair, a Vice Chair, a Secretary, a Treasurer and an Executive Director. The Board also may appoint one or more subordinate officers and agents, each of whom shall hold his or her office or agency for such term and shall have such authority, powers and duties as shall be determined from time to time by the Board. The Chair and the Vice Chair shall be Directors. Other Officers may, but need not, be Directors. Any two or more of such offices may be held by the same person, except that the offices of Chair and Secretary may not be held by the same person and the person serving as Executive Director may not hold any other of such offices. All Officers of the Authority shall be persons of the age of 18 years or older and shall meet the other qualifications, if any, stated for his or her office elsewhere in this Article. Section 5.02. Chair. The Chair shall have the power to call meetings of the Board; the power to execute, deliver, acknowledge, file and record on behalf of the Authority such documents as may be required by this Agreement, the Act or other applicable law; and such other powers as may be prescribed from time to time by the Board. The Chair shall supervise the activities of the Authority and shall see that all policies, directions and orders of the Board are carried out. The Chair may execute and deliver contracts, deeds and other instruments and agreements on behalf of the Authority as are necessary or appropriate in the ordinary course of its activities or as are duly authorized or approved by the Board. The Chair shall have such additional authority, powers and duties as are appropriate and customary for the office of the chair of the board of directors of entities such as the Authority, and as the Board may otherwise prescribe. Section 5.03. Vice Chair. The Vice Chair shall, upon the death, absence or disability of the Chair, have the authority, powers and duties of the Chair. The Vice Chair shall have such additional authority, powers and duties as are prescribed by the Board. Section 5.04. Secretary. The Secretary shall give, or cause to be given, notice of all meetings (including special meetings) of the Board, keep the minutes of such meetings, have charge of the Authority's seal, be responsible for the maintenance of all records and files and the preparation and filing of reports to governmental agencies (other than tax returns), have authority to impress or affix the Authority's seal to any instrument requiring it (and, when so impressed or 02.67662.05 7 affixed, it may be attested by his or her signature), and have such other authority, powers and duties as are appropriate and customary for the office of Secretary of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Section 5.05. Treasurer. The Treasurer shall have control of the funds and the care and custody of all stocks, bonds and other securities owned by the Authority and shall be responsible for the preparation and filing of all tax returns, if any, required to be filed by the Authority. The Treasurer shall receive all moneys paid to the Authority and, subject to any limits imposed by the Board or the Chair, shall have authority to give receipts and vouchers, to sign and endorse checks and warrants in the Authority's name and on the Authority's behalf, and to give full discharge for the same. The Treasurer shall also have charge of disbursement of the funds of the Authority, shall keep full and accurate records of the receipts and disbursements, and shall deposit all moneys and other valuables in the name of and to the credit of the Authority in such depositories as shall be designated by the Board. The Treasurer shall deposit and invest all funds of the Authority in accordance with this Agreement and laws of the State applying to the deposit and investment of funds of rural transportation authorities formed under the Act. The Treasurer shall have such additional authority, powers and duties as are appropriate and customary for the office of Treasurer of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Section 5.06. Executive Director. The Executive Director shall be the chief operating officer of the Authority and shall, under the supervision of the Chair, have such authority, powers or duties as may be prescribed by the Board. Section 5.07. Resignation and Removal. Any Officer may resign at any time effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning, and may be removed at any time by the Board. Section 5.08. Changes to Authority, Powers and Duties. Notwithstanding any other provision of this Article, the Board at any time may change the authority, powers and duties of any Officer. Section 5.09. Vacancies. Vacancies in the office of any Officer shall be filled in the same manner in which such office was originally filled. Section 5.10. Compensation. The Authority may compensate Officers for services performed, and may reimburse them for expenses incurred, in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. ARTICLE VI POWERS OF THE AUTHORITY Section 6.01. General Grant of Powers. The Authority shall, subject to the limitations set forth herein, have (a) all powers granted by the Act to rural transportation authorities and (b) 02.67662.05 8 all powers reasonably necessary or convenient to accomplish the purpose described in § 2.02 hereof that may be exercised by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Such powers shall include, but shall not be limited to: (a) the specific powers described in section 605 of the Act; (b) the power to establish Rural Transportation Activity Enterprises in accordance with section 606 of the Act; (c) the power to establish local improvement districts in accordance with section 608 of the Act; (d) the power to issue Bonds in accordance with section 609 of the Act; (e) the power to cooperate with any Person as provided in section 610 of the Act; (f) the power to invest or deposit funds as provided in section 616 of the Act; and (g) the power to petition for a judicial examination and determination of any power, act, proceeding or contract of the Authority as provided in section 620 of the Act. Section 6.02. Specific Responsibilities. In addition to the general powers described in Section 6.01 hereof, the Authority shall have the responsibilities described in this Section and shall have all powers necessary or convenient to cant' out such responsibilities, subject to the availability of funds and, to the extent required by law, annual appropriation of funds by the Board. The description of specific responsibilities and powers in this Section shall not, however, limit the general powers of the Authority described in Section 6.01 hereof. (a) Regional Transit Services. The Authority shall provide Regional Transit Services. (b) Contract Transit Services. The Authority may enter into contracts with any Member or other Person for the provision of transit services in the manner and subject to the terms of such contracts. (c) Regional Transportation Planning. The Authority shall provide regional transportation planning services needed to plan and direct the Authorized Transportation Projects, pursue for federal funding and coordinate overall transportation policy within the area in which it provides Regional Transit Services. Regional transportation planning may, as determined by the Board, include short range service planning as well as long range planning, corridor investment studies and related environmental impact analysis. (d) Funding for Maintenance of the Denver Rio Grande Right-of-Way. The Authority shall provide funding for the maintenance of the Denver Rio Grande Right-of- Way until it is transferred to the Authority. 02.67662.05 9 (e) Funding for Construction and Maintenance of Regional Trails. The Authority shall provide funding for the construction of regional trails either through Authority funded and directed construction or cooperation with Members or other Persons. (f) Local Service in Basalt. The Authority shall apply an amount equal to 60% of the proceeds received by the Authority from the 1.0% Initial Authority Sales Tax levied in the Town of Basalt to the provision of local service for the Town of Basalt. Local service may include constructing, operating and maintaining local transportation- related facilities. On at least an annual basis, the Authority will consult with the Board of Trustees of the Town of Basalt concerning the local service to be provided. Section 6.03. Limitations on Powers of the Authority. Notwithstanding Sections 6.01 and 6.02 hereof, the powers of the Authority shall be limited as follows: (a) the Authority may only finance, Construct, operate and maintain Authorized Transportation Projects; (b) Committees may only be appointed and may only exercise the powers as provided in Article V hereof, (c) no action to establish or increase a tax or to create a multiple fiscal year debt that is subject to section 20(4)(b) of article X of the State Constitution shall take effect unless first submitted to a vote in accordance with section 612 of the Act; (d) the Board shall deliver notice of any proposal to establish, increase or decrease any tax to any County or Municipality where the proposed tax or fee would be imposed in accordance with section 613 of the Act; and (e) a notice of the imposition of or any increase in any fee or tax or the issuance of Bonds shall be sent to the Division and shall be filed with the State Auditor and the State Transportation Commission in accordance with section 614 of the Act. ARTICLE VII FUNDING THE AUTHORITY Section 7.01. Initial Authority Sales Tax. (a) The Initial Authority Sales Tax shall be imposed at the following rates in the following areas within the Boundaries of the Authority: (i) 0.7% in the City Aspen, the Town of Snowmass Village and unincorporated Pitkin County; (ii) 1.0% in the Town of Basalt; and 02.67662.05 10 (iii) 0.4% in the City of Glenwood Springs, the Town of Carbondale and the unincorporated areas of Eagle County and Garfield County included within the Boundaries of the Authority. (b) The rationale for the differences in Initial Authority Sales Tax rates in various areas described in subsection(a) of this Section is set forth in Appendix D hereto. (c) The Initial Authority Sales Tax shall be authorized by the ballot question to be submitted to Authority voters pursuant to Section 2.04 hereof. Section 7.02. Special Funding Arrangements Regarding Pitkin County Sales Tax. (a) Pitkin County may rescind [0.6%] of the Pitkin County 1% Transportation Sales Tax concurrently with or at some time after the levy of the Initial Authority Sales Tax and expects to seek voter authorization to do so at the November 7, 2000 election. Any ballot question authorizing such rescission will expressly provide that the rescission is contingent on the levy of the Initial Authority Sales Tax. [THIS SUBSECTION WILL BE REPLACED AND THE PITKIN TAX RATE IN 7.01(a)(i) WILL BE REDUCED IF EXISTING PITKIN COUNTY SALES TAXES ARE CONTRIBUTED TO THE AUTHORITY.] (b) In consideration for the transfer to the Authority of the assets financed by such bonds pursuant to Section 8.02 hereof and Appendix G hereto, the Authority shall make annual payments to Pitkin County with respect to the debt service on the Pitkin County bonds that are currently payable from the Pitkin County 1% Transportation Sales Tax in the amounts and by December 31 of the years set forth on Appendix E hereto. [The multiple fiscal-year financial obligation of the Authority to make such payments shall be authorized in the ballot question submitted to Authority voters pursuant to Section 2.04 hereof.] [THIS SUBSECTION IS SUBJECT TO CHANGE TO THE EXTENT REQUIRED TO COMPLY WITH THE BOND RESOLUTIONS GOVERNING PITKIN COUNTY'S BONDS. THE LAST SENTENCE CAN BE DELETED IF PITKIN COUNTY DOES NOT NEED THE CERTAINTY PROVIDED BY VOTING FOR APPROVAL OF THE OBLIGATION.] Section 7.03. Special Funding Arrangement Regarding Eagle County Sales Tax. Eagle County shall pay to the Authority the proceeds from the Eagle County %% Transportation Sales Tax collected within the Boundaries of the Authority in the same manner in which it currently is paying the same to RFTA. To the extent required by law, the obligation of Eagle County to make such payments may be subject to annual appropriation by the Board of County Commissioners of Eagle County. Section 7.04. Additional Authority Sales Taxes. (a) The Authority may levy Authority Sales Taxes in addition to the Initial Authority Sales Tax upon compliance with the provisions of the Act, including the voter approval requirements of section 612 of the Act. Any such additional Authority Sales 02.67662.05 11 Taxes may, as permitted by the Act, be levied in all or any designated portion of the Members and at the same or different rates in different designated portions of the Members. (b) At the request of a Member and upon compliance with the provisions of the Act, including the voter approval requirements of section 612 of the Act, and approval of the Board, the Authority shall levy an additional Authority Sales Tax at the rate (up to the limits of the Act) and in all or any designated portion of the Member specified by such Member for the purpose of funding Authorized Transportation Projects specified by such Member that serve the residents and businesses of such Member or the residents and businesses of such designated portion of such Member. Section 7.05. Visitor Benefit Tax. (a) At the request of a Member and upon compliance with the provisions of the Act, including the voter approval requirements of section 612 of the Act and the limitations on the use of the revenue derived from the Visitor Benefit Tax under section 605(1)(i.5) of the Act, and approval of the Board, the Authority shall levy a Visitor Benefit Tax at the rate (up to the limits of the Act) and in all or any designated portion of the Member specified by such Member for the purpose of funding Authorized Transportation Projects. (b) Notwithstanding any other provision hereof, the Authority shall not levy a Visitor Benefit Tax except pursuant to this Section. Section 7.06. Local Transportation Services. The Initial Authority Sales Tax is intended to establish an initial base of funding for the Authority. However, over time, the Board may determine that the Authority is able to apply a portion of Authority Sales Taxes generated within a Member for Authorized Transportation Projects that serve the residents and businesses of such Member, such as local transit collector service. If this occurs, the portion of the net revenues from the Authority Sales Taxes generated within such Member that will be so applied will be based on the difference between the net revenues from the Authority Sales Taxes generated within such Member and the cost of regional Authority services provided to that Member. Section 7.07. Member Contributions. A Member may, at its sole discretion, offer to make cash contributions to the Authority or offer in-kind services to the Authority, which contributions shall be taken into account in determining the level of Authority taxation within the boundaries of such Member. Section 7.08. Mitigation of Development Impacts. The Members acknowledge that development occurring within their jurisdictions will, in most cases, have an impact upon local and regional traffic congestion and that, moreover, transit service is one means for mitigating such impacts. Accordingly, Members shall evaluate and may choose to mitigate the traffic impacts of new development within their jurisdictions and/or specifically mitigate impacts upon regional transit services. Such mitigation for regional transit service shall be determined using a consistent rational nexus methodology established by the Authority. Members shall have sole 02-67662.05 12 discretion regarding how such mitigation is implemented through such means as ordinance-based transit impact fees, conditions of approval imposed upon individual development projects, or other mechanisms. Funds derived from such mitigation may be remitted to the Authority to offset capital costs and outlays associated with providing regional transit services to the Member. Section 7.09. Pursuit of Federal and State Grants. The Authority shall actively pursue federal and State grants to support its activities, including grants for offsetting operating and capital costs, long range planning and environmental review, and major capital improvements. The Authority shall also cooperate and assist Members in their pursuit of federal and State grants for transportation projects. Section 7.10. Bonds. The Authority shall use its best efforts to issue Bonds to fund the initial capital program described in Appendix F hereto and may, subject to compliance with the Act and other applicable law, issue additional Bonds in the future. The Bonds to fund the initial capital program shall be authorized by the ballot question to be submitted to Authority voters pursuant to Section 2.04 hereof. Section 7.11. Elimination of Existing Cash Contributions to RFTA and RFHRA. Existing cash contributions and in-kind services provided by Members to support RFTA and RFRHA shall be eliminated. Authority funding established by this Agreement shall replace all such funding. Section 7.12. No Implied Limits on Powers. Except as otherwise specifically provided, no provision of this Article shall limit the Authority's powers under the Act. ARTICLE VIII REORGANIZATION OF RFTA AND RFRHA Section 8.01. Reorganization Plan. The initial Members agree to use their best efforts to reorganize RFTA and RFRHA in accordance with this Article. Section 8.02. Reorganization of RFTA. RFTA will be reorganized and merged into the Authority in accordance with this Section over a 12 to 18 month period of time commencing with the formation of the Authority (the "RFTA Transition Period"). During the RFTA Transition Period: (a) The Authority will assume responsibility for the services provided by RFTA and the operating revenues of RFTA (as distinguished from the contributions to RFTA by its members) will become Authority revenues no later than January 1, 2001. (b) For the purpose of continuity, Directors of the Authority appointed by each initial Member will also serve as such Member's director on the Board of Directors of RFTA during the RFTA Transition Period. (c) During the RFTA Transition Period the Authority, either directly or by contract with RFTA, Pitkin County, or others, will use its best efforts to maintain the existing transit services as described in Section 8.04 hereof. 02-67662.05 13 (d) At the end of the RFTA Transition Period RFTA's Board of Directors will dissolve and RFTA's administrative structure, employment contracts, and operations shall merge with the Authority to the extent they have not already done so. (e) The Authority and RFTA shall adopt, as a first priority, a Transition Plan that conforms to the terms set forth in this Section and that specifies how merger issues, including those related to human resources, employee benefits, disposition of RFTA assets and contractual relationships (e.g., with Pitkin County), will be resolved. Transition will be deemed complete when all issues set forth in the Transition Plan have been addressed to the satisfaction of the Board. The Transition Plan shall include the following terms: (i) Title to the assets of RFTA, with the exception of real property, will be transferred to the Authority at the conclusion of the RFTA Transition Period. Real property assets will be made available to the Authority for its use through a long-term lease or other secure instrument, for transit and transportation purposes. (ii) RFTA employees shall retain existing employee benefits (e.g., pension plan) or their equivalent. To preserve these existing employee benefits, it may be desirable for existing employees to remain employees of Pitkin County. As such, the Authority could choose to contract with Pitkin County for personnel required to staff and operate the Authority. (iii) Liabilities of RFTA, including any outstanding bonded indebtedness, shall become the obligation of the Authority no later than the end of the RFTA Transition Period. (iv) The Authority will enter into contracts for transit services provided to the City of Aspen and the City of Glenwood Springs no later than the end of the RFTA Transition Period. Other service contracts, such as the Aspen Skiing Company skier shuttle service contract, will be assigned to the Authority by RFTA by the end of the RFTA Transition Period. (v) Policy-making regarding transit service (e.g., adoption of a revised Transit Development Plan, service changes, and major capital expenditures) shall be the purview of the Authority and RFTA shall not have such policy-making authority as of the date the Authority is formed. Section 8.03. Reorganization of RFRHA. RFRHA will be reorganized in accordance with this Section. During the period from the date the Authority is formed until the reorganization of RFRHA is complete (the "RFRHA Transition Period"): (a) All regional transportation planning functions, including management of the ongoing Corridor Investment Study, will be transferred to the Authority and the RFRHA Board of Directors will no longer have policy control of these planning functions. 02-67662.05 14 (b) The Authority shall have approval rights over the RFRHA annual operating budget and shall remit Authority funds to RFRHA to meet the obligations in the approved budget. (c) RFRHA will continue to provide administration of and physical maintenance for the Denver Rio Grande Right-of-Way, maintenance of the conservation value of the right-of-way, and pursue construction of a regional trail through the right-of- way. (d) Other financial obligations and assets of RFRHA related to acquisition of the Denver Rio Grande Right-of-Way shall remain with RFRHA unless and until the Denver Rio Grande Right-of Way may be transferred to the Authority. (e) The Denver Rio Grande Right-of-Way shall transfer from RFRHA to the Authority, and the reorganization of RFHRA will be deemed to be complete, if and when the Authority notifies RFRHA that the Authority intends to use the right-of-way for an Authorized Transportation Project for which funding is, or is reasonably expected to be, available. Section 8.04. Maintenance of Effort. The Authority shall, regardless of the reorganization process, term of the RFTA Transition Period or RFRHA Transition Period or any other event, use its best efforts to assure continuity of existing regional and local transit service and ongoing transportation planning efforts, including, but not limited to, to the following: (a) Continuation of the existing transit services provided by RFTA within the territory of the initial Members as set forth in RFTA's 2000 budget without any significant change in routes, schedules or equipment during the RFTA Transition Period. (b) Local funding for regional transportation planning, specifically the completion of the Corridor Investment Study, shall be provided by the Authority in an amount needed to complete the same in an expeditious manner in concert with the federal and State sponsors of and participants in the effort. ARTICLE IX MEMBERS Section 9.01. Initial Members. The Members of the Authority at the effective date of this Agreement shall be the Municipalities and Counties listed in the first paragraph of this Agreement. Section 9.02. Additional Members. The State, acting through the State Transportation Commission or any County or Municipality or portion thereof which is not an initial Member of the Authority, may become a Member (for purposes of this Section, a "new Member") effective upon (a) the unanimous vote of all the Directors then in office and eligible to vote thereon, which vote may be conditioned upon compliance by such new Member with any conditions which the Board, in its sole discretion, sees fit to impose; (b) such new Member's (i) compliance with all conditions to its admission as a Member imposed by the Board, (ii)compliance with all 02.67662.05 15 conditions to its entering into this Agreement or admission as a Member imposed under the Act or the Intergovernmental Relations Statute and (iii) adoption and execution of this Agreement in accordance with applicable law; and (c) compliance with any other conditions to the admission of such new Member as a Member or its execution of this Agreement imposed under the Act, the Intergovernmental Relations Statute or other applicable law. Section 9.03. Withdrawal and Removal of Members. Any Member may withdraw as a Member of the Authority for any reason effective 30 days after receipt by the Chair or the Secretary of such Member's written notice of withdrawal. Any Member may be removed as a Member by the Board effective upon the affirmative vote of at least two-thirds of the Directors then in office and eligible to vote thereon (excluding the Director appointed by such Member). Unless expressly released therefrom by a unanimous vote of all Directors then in office and eligible to vote thereon, which release shall not be granted if it would violate any obligation to any Person other than a Member, (a) any withdrawing or removed Member shall remain liable for the performance of any financial commitments which it made to the Authority prior to the time of withdrawal or removal and (b) any taxes, fees, assessments or other charges imposed or authorized to be imposed upon property, transactions or activities in, on or in connection with the territory of the withdrawing or removed Member shall remain in effect notwithstanding such Member's withdrawal or removal. Notwithstanding the foregoing, no Member may withdraw or be removed so long as any Bonds of the Authority are outstanding if the withdrawal or removal of such Member would cause a termination of this Agreement pursuant to Section 10.02 hereof. ARTICLE X TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION Section 10.01. Effective Date. The term of this Agreement shall begin when all the conditions to the establishment of the Authority set forth in Section 2.01 hereof have been satisfied. Section 10.02. Termination. The term of this Agreement shall end when either (a) all but one Member has withdrawn pursuant to Section 9.03 hereof or (b) all the Members agree in writing to terminate this Agreement; provided, however, that this Agreement may not be terminated so long as the Authority has any Bonds outstanding. Section 10.03. Distribution of Assets Upon Termination. Upon termination of this Agreement pursuant to Section 10.02 hereof, after payment of all Bonds and other obligations of the Authority, the net assets of the Authority shall be distributed to the parties who are Members at such time in proportion to the sum of(a) the amount of cash and the value of property and services contributed by them to the Authority pursuant to Article VI hereof minus the amount of cash and the value of property previously distributed to them by the Authority and (b) the amount of taxes, vehicle registration fees or assessments paid by their residents to the Authority pursuant to the Authority's exercise of the powers granted to it pursuant to the Act, with taxes, vehicle registration fees or assessments paid by residents of areas of Counties which are also located within a Municipality allocated 50% to the County and 50% to the Municipality for such Section 10.03. purposes. In the case of the Town of Basalt, 50% will be allocated to the Town of Basalt and the other 50% will be divided between Pitkin and Eagle Counties in 0267662.05 16 proportion to the respective percentages of land within the Town Boundaries located in each County. ARTICLE XI INDEMNIFICATION Section 11.01. Indemnification. The Authority shall indemnify and defend each Director, Officer, member of a Committee and employee of the Authority in connection with any claim or actual or threatened suit, action or proceeding (civil, criminal or other, including appeals), in which he or she may be involved in his or her official capacity by reason of his or her being or having been a Director, Officer, member of a Committee or employee of the Authority, or by reason of any action or omission by him or her in such capacity. The Authority shall indemnify each Director, Officer, member of a Committee and employee of the Authority against all liability, costs and expenses arising from any such claim, suit or action, except any liability arising from criminal offenses or willful misconduct or gross negligence. The Authority's obligations pursuant to this Article shall be limited to funds of the Authority available for such purpose, including but not necessarily limited to insurance proceeds. The Board may establish specific rules and procedures for the implementation of this Article. ARTICLE XII AMENDMENTS Section 12.01. Amendments Generally. Except as otherwise specifically provided in Sections 12.02 and 12.03 hereof, this Agreement may be amended only by resolution of the Board. Section 12.02. Amendments to Boundaries, Authorized Transportation Projects and Location of Authorized Transportation Projects. Notwithstanding Section 12.01 hereof, (a) Appendix A hereto and the definition of"Boundaries" may be amended (i) by the affirmative vote of two-thirds of the Directors then in office and eligible to vote thereon and (ii) the approval of the Governing Body of each Member, any portion of whose territory is either added to or removed from the Boundaries of the Authority; and (b) the definition of "Authorized Transportation Projects" or the location of Authorized Transportation Projects may be amended by the affirmative vote of two-thirds of the Directors then in office and eligible to vote thereon. For purposes of clause (a) of the preceding sentence, territory of a Member that is a Municipality shall include territory within such Municipality's boundaries or within such Municipality's comprehensive planning area of influence as established as of the date first set forth above, but shall not include any territory which has previously been included within the incorporated boundaries of another Municipality. Section 12.03. Modification of Appendix B. Notwithstanding any other provision hereof, the ballot question attached hereto as Appendix B may be modified by the Policy Committee as provided in Section 2.04 hereof. 0267662.05 17 ARTICLE XIII MISCELLANEOUS Section 13.01. Adoption and Execution of Agreement in Accordance with Law. Each Member hereby represents to each other Member that it has adopted and executed this Agreement in accordance with applicable law. Section 13.02. Parties in Interest. Nothing expressed or implied herein is intended or shall be construed to confer upon any Person other than the Members any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the Members. Section 13.03. No Personal Liability. No covenant or agreement contained in this Agreement or any resolution or Bylaw issued by the Board shall be deemed to be the covenant or agreement of an elected or appointed official, officer, agent, servant or employee of any Member in his or her individual capacity. Section 13.04. Notices.. Except as otherwise provided in this Agreement, all notices, certificates, requests, requisitions or other communications by the Authority, any Member, any Director, any Alternate Director, any Officer or any member of a Committee to any other such person pursuant to this Agreement shall be in writing; shall be sufficiently given and shall be deemed given when actually received, in the case of the Authority and officers of the Authority, at the last address designated by the Authority for such purpose and, in the case of such other persons, at the last address specified by them in writing to the Secretary of the Authority; and, unless a certain number of days is specified, shall be given within a reasonable period of time. Section 13.05. Assignment. None of the rights or benefits of any Member may be assigned, nor may any of the duties or obligations of any Member be delegated, without the express written consent of all the Members. Section 13.06. Severability. If any clause, provision, subsection, Section or Article of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or enforceability of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions of this Agreement. Section 13.07. Interpretation. Subject only to the express limitations set forth herein, this Agreement shall be liberally construed (a) to permit the Authority and the Members to exercise all powers that may be exercised by a rural transportation authority pursuant to the Act and by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute; (b) to permit the Members to exercise all powers that may be exercised by them with respect to the subject matter of this Agreement pursuant to the Act, the Intergovernmental Relations Statute and other applicable law; and (c) to permit the Board to exercise all powers that may be exercised by the board of directors of a rural transportation authority pursuant to the Act and by the governing body of a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. In the event of any conflict between the Act, the Intergovemmental Relations Statute or any other law with 02-67662.05 18 respect to the exercise of any such power, the provision that permits the broadest exercise of the power consistent with the limitations set forth in this Agreement shall control. Section 13.08. Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. Section 13.09. Counterparts. This Agreement may be executed in any number o' counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same Agreement. 02-67662.05 19 APPENDIX A BOUNDARIES OF THE ROARING FORK TRANSPORTATION AUTHORITY 1. All territory within the City of Aspen, the Town of Basalt, the Town of Carbondale, the City of Glenwood Springs and the Town of Snowmass Village. Any territory annexed to any of such Municipalities shall, upon annexation, automatically be included in the Boundaries of the Authority. 2. All of unincorporated Pitkin County. 3. The portion of unincorporated Garfield County located within the Roaring Fork Valley, defined as the following election precincts (as defined as of the date hereof): 1-12* 4. The portion of unincorporated Eagle County located within the Roaring Fork Valley, defined as the following election precincts (as defined as of the date hereof): 7 and 8* (* These are the precincts included in the RE-1 school district— we need to hear from each jurisdiction whether these precincts work as proposed RTA boundaries.) 02.67662.05 APPENDIX B DRAFT BALLOT QUESTION SHALL ROARING FORK TRANSPORTATION AUTHORITY TAXES BE INCREASED $ (FIRST FULL FISCAL YEAR DOLLAR INCREASE, NET OF ANY CONSTITUTIONALLY REQUIRED TAX CUTS) ANNUALLY FOR THE PURPOSE OF PROVIDING TRANSPORTATION SERVICES AND PROJECTS AND SHALL THE ROARING FORK TRANSPORTATION AUTHORITY BE ESTABLISHED IN ACCORDANCE WITH THE ROARING FORK TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT AMONG EAGLE, GARFIELD AND PITKIN COUNTIES, THE CITIES OF ASPEN AND GLENWOOD SPRINGS AND THE TOWNS OF BASALT, CARBONDALE AND SNOWMASS VILLAGE, WHICH TAXES SHALL BE SALES AND USE TAXES LEVIED ON AND AFTER JANUARY 1, 2001 UPON EVERY TRANSACTION OR OTHER INCIDENT ON WHICH A SALES OR USE TAX IS LEVIED BY THE STATE (WHICH DOES NOT INCLUDE FOOD FOR HOME CONSUMPTION) AT THE FOLLOWING RATES: [0.7]% IN THE CITY OF ASPEN, THE TOWN OF SNOWMASS VILLAGE AND THE UNINCORPORATED AREA OF PITKIN COUNTY, [1.0]% IN THE TOWN OF BASALT, AND [0.4]% IN THE CITY OF GLENWOOD SPRINGS, THE TOWN OF CARBONDALE AND THE UNINCORPORATED AREAS OF EAGLE AND GARFIELD COUNTIES; [*SHALL THE AUTHORITY, IN CONSIDERATION FOR THE TRANSFER TO THE AUTHORITY OF PROPERTY FINANCED WITH THE PROCEEDS OF PITKIN COUNTY SALES TAX REVENUE BONDS, ENTER INTO A MULTIPLE-FISCAL YEAR FINANCIAL OBLIGATION TO MAKE PAYMENTS TO PITKIN COUNTY IN A TOTAL AMOUNT NOT TO EXCEED $ IN ORDER TO FUND THE PAYMENT BY PITKIN COUNTY OF THE DEBT SERVICE ON SUCH BONDS;] SHALL AUTHORITY DEBT BE INCREASED $ WITH A REPAYMENT COST OF $ , WHICH DEBT SHALL BE REVENUE BONDS PAYABLE FROM THE TAXES AUTHORIZED HEREBY AND OTHER AUTHORITY REVENUES THAT MATURE, ARE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND ARE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS AS THE BOARD OF DIRECTORS OF THE AUTHORITY MAY DETERMINE; AND SHALL [**THE REVENUES RECEIVED BY THE AUTHORITY PURSUANT TO SUCH INTERGOVERNMENTAL AGREEMENT AND] THE EARNINGS [**THEREON AND] ON THE PROCEEDS OF SUCH TAXES AND BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE**? 02.67662.05 r *This language can be removed if either (a) Pitkin County does not need the certainty provided by voting this obligation or (b) the payments to Pitkin County are added to the debt payments in the next to the last paragraph of the question. **This may or may not work as broad form de-Brucing. Broad form de-Brucing is likely a separate subject which, under the single subject case law, cannot be combined with this question. The case law permits combining taxes and bonds in a single question and the Act specifically authorizes adding formation of the Authority to that question. The revenues from the taxes authorized in this question will be outside (actually, an "add on" to) the Authority's spending limit as a "voter-approved revenue change" under TABOR subsection (7)(b). Under section 621 of the Act (which was added by the 2000 amendment), the Authority's remaining spending limit is based on its revenues in its first full fiscal year, which will be 2001. In order to give us the highest spending base possible, we want to get all of RFTA's operating revenues over to the Authority by the end of 2000. Section 8.02 of the Agreement says this will occur. If operating revenues are projected to increase at a rate faster than the increase in the Authority's spending limit, the Authority can submit a broad form de-Brucing question in November 2001. 02.67662.05 B-2 APPENDIX C REGIONAL TRANSIT SERVICES TO BE PROVIDED BY THE AUTHORITY 1. Transit service will be available at least every 30 minutes year-round in every community in the Roaring Fork Valley. Service will be provided every 15 minutes between El Jebel, Aspen, and Snowmass Village during winter peak hours. 2. New service will be provided between Rifle and Glenwood Springs every hour from 5:30 a.m. until 8:30 p.m.; every two hours until midnight. Service between Rifle and Glenwood Springs will be provided every two hours from 6:30 a.m. until 6:30 p.m. weekends. 3. Implementation of the new service plan will begin with an amended Transit Development Plan that will be adopted during 2001. Service improvements will be achieved on a phased basis, as necessary new equipment and staff(drivers) can be deployed. It is estimated that this process should take 12 months from date the Authority is formed. As such, the service improvements may begin prior to full transition of RFTA to the Authority. 02-67662.05 APPENDIX D RATIONALE FOR DIFFERENCES IN INITIAL AUTHORITY SALES TAX RATES RATIONALE FOR DIFFERENCES IN INITIAL AUTHORITY SALES TAX RATES 1. The differences in Initial Authority Sales Tax Rates within the territory of different Members are based on differential services and/or benefits derived from transportation services to be provided by the Authority. 2. The differential rates result in 65 percent of the revenues required to support regional transit services being derived from the upper valley jurisdictions. The rationale for the higher percentage of Authority revenue being derived from the upper valley communities includes the following considerations: (a) A proportionately larger amount of travel demand is caused by employment concentrations in the upper valley. (b) Due to higher service demands, transit service frequencies are presently higher in the upper valley. (c) The upper valley jurisdictions experience traffic congestion during peak periods and have introduced travel demand management programs (e.g., paid parking) to help manage this congestion. Transit service to be provided by the Authority preserves mobility that could be affected by these programs. (d) The concentration of visitor-serving businesses in the upper valley jurisdictions generate the largest portion of the regional sales tax base. 3. The higher 1% Initial Authority Sales Tax Rate in the Town of Basalt is based on a combination of the cost of providing regional transit to the Town of Basalt, which is estimated to be approximately equal to the revenues derived from the 0.4% Authority Sales Tax rate this levied in the other mid- and lower valley jurisdictions, and the cost of providing local transit service in the Town of Basalt. 4. The rationale for the percentage of Authority revenue being derived from the mid- and lower valley jurisdictions includes the following: (a) Regional transit service provides access to jobs and shopping in the region for those who do not own automobiles or choose not to drive. 02.67662.05 (b) New services are being extended to the lower valley jurisdictions, including service down the I-70 corridor to provide transit service to the jobs and shopping centers located in the City of Glenwood Springs. (c) Improvement to transit services is a cost-effective way to manage traffic congestion in the City of Glenwood Springs. (d) The predominant amount of regional growth is occurring in the mid- and lower valley jurisdictions; this residential and commercial growth is causing increases in travel demand within the lower valley and related congestion that can be mitigated, in part, through provision of transit services. 02.67662.05 B-2 SNOWMASS VILLAGE TOWN COUNCIL pou WORK SESSION 07-10-2000 2:00 — 3:00 P.M. MALL TRANSIT PLAZA DISCUSSION — Joe Kracum..................................NO PACKET IINFORMATION 3:00 — 3:45 PARCEL "N" FINANCING DISCUSSION — Marianne Rakowski/Steve Connor...................................Page 1 3:45-4:15 PARCEL "N" SITE PLAN & BUILDING PLAN REVIEW — Joe Coffey/Scott Smith.....................................................Page 8 4:15 —4:55 ARTICLE IV, LAND USE CODE DISCUSSION -- Craig Thompson/Steve Connor......................................Page 10 4:55 — 5:00 BREAK +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING 07-10-2000 CALL TO ORDER AT 5:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-Minute Time Limit) Item No. 3: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 07, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT AND SECOND READING ACTION ON AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF ARTICLE IV OF CHAPTER 16A OF THE MUNICIPAL CODE. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. (Public Hearing continued from 06-19-00 and Second Reading tabled from 06-19-2000) — Craig Thompson/Steve Connor................................................ Page 12 Item No. 4: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 17, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT AND SECOND READING ACTION ON AN ORDINANCE REZONING PARCEL K, FARAWAY RANCH GROSS PARCEL PLAT, AND CERTAIN PORTIONS OF FARAWAY ROAD AS DESIGNATED WITHIN THE TIMBERS AT SNOWMASS FINAL PLANNED UNIT DEVELOPMENT PLAN, FROM SPA-1, SPECIALLY PLANNED AREA, TO MF, MULTI-FAMILY — Chris Conrad............................................................................Page 74 o_5: RECONSIDERATION — ORDINANCE NO. 12, SERIES OF 1999 07-10-00tc Page 2 AN ORDINANCE AMENDING ORDINANCE NO. 6, SERIES OF 1994, THE EAST VILLAGE PLANNED UNIT DEVELOPMENT LAND USE PLAN MAP AND SUBDIVISION PLAT, AS APPROVED, AND TO REZONE A 3.201 ACRE PORTION OF PARCEL F, LOT 3, EAST VILLAGE PLANNED UNIT DEVELOPMENT FROM OS-OPEN SPACE TO PUB-PUBLIC IN ORDER TO PERMIT THE SNOWMASS NATURE CENTER EDUCATIONAL FACILITY. — Steve Connor............................................................................Page 81 Item No. 6: RESOLUTION NO. 26, SERIES OF 2000 A RESOLUTION APPOINTING FIVE NEW MEMBERS TO THE TOWN OF SNOWMASS VILLAGE ARTS ADVISORY BOARD — Gary Suiter...............................................................................Page 90 item No. 7: MANAGER'S REPORT — Gary Suiter...............................................................................Page 92 Item No. 8: PUBLIC HEARING — RTA INTERGOVERNMENTAL AGREEMENT DISCUSSION — (NOTICED FOR 6:OOPM) A PUBLIC HEARING TO PROVIDE PUBLIC INFORMATION AND RECEIVE PUBLIC COMMENT REGARDING AN INTERGOVERNMENTAL PROPOSAL TO FORM AND FUND A REGIONAL TRANSPORTATION AUTHORITY (RTA) — Alice Hubbard......................................................No Packet Information Item No. 09: APPROVAL OF WORK SESSION SUMMARIES FOR 05-30-00 06-05-00 AND06-08-00 ............................................................................Page 105 Item No. 10: DISCUSSION COUNCIL REPRESENTATIVE FOR GRASSROOTS TV BOARD OF DIRECTORS (Tabled from 06-19-00) — Doug Mercatoris......................................NO PACKET INFORMATION Item No. 11: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/STATUS REPORT ....................................................................................................Page 113 Item No. 12: CALENDARS ...................................................................................................Page 120 Item No. 13: 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: July 10, 2000 By: Marianne Rakowski Staff: Marianne Rakowski Joe Coffey Subject: Parcel 'N' Financing Gary Suiter Overview: In 1999, the Town purchased Parcel 'N' for approximately $350,000. Staff has been working with Reno-Smith Architects on a design for employee townhomes for that parcel. The approximate cost to build 17 townhomes is $5,852,924. The Town is using the 2000 employee housing reserve of$100,000 to offset these costs (mainly to pay architectural and engineering costs during the design phase). The Town Council has stated a desire to keep these 17 units as affordable, employee housing, for-sale units. In order to meet this goal, the Town will need to provide a significant subsidy to keep the units affordable. Consistent with Council direction, staff has reviewed possible funding sources to .provide the subsidy and will present these to Council today. Included in your packet is a list of possible funding sources, the Financial Advisory Board recommendation on the Capital Reserve Fund, preliminary construction costs, townhome purchase price estimates, preliminary bond financing scenarios and a short list of possible risks to be assessed. Financial Summary: All numbers are preliminary. Bond financing costs are assumed in this scenario, but we are looking at bank financing as well, which may reduce financing costs. Value engineering may help to bring down construction costs. Staff Recommendation: Staff is concerned with using funds from the Capital Reserve since the payback into this fund is from a volatile source (excise taxes). It eliminates the possibility of using these funds for other projects that may have a more dependable source for repayment. This project is a costly project and all options should be considered such as rentals vs. for sale, phasing of project, mixture of sales and rental or raising purchase prices. These or other options may reduce some of the risks and avoid depletion of reserves at the expense of other projects. Staff recommends a save and build approach. PARCEL 'N' SUBSIDY POSSIBLE FUNDING SOURCES Subsidy#1 Existing - o ,r as: As of 12131199 Remaining Housing Reserve Fund $ 140,000 $ 341,612 $ 201,612 Mountain View I Reserve Fund $ 200,000 $ 418,316 $ 218,316 Mountain View II Reserve Fund $ 20,000 $ 82,356 $ 62,356 PMH Reserve(Housing Fund) $ 26,525 $ 26,525 $ Housing Reserve(Gracie's Mitigation) $ 19,462 $ 19,462 $ Excise Taxes-2000 revenues $ 400,000 Escrow-ASC for Employee Housing $ 22,906 $ 22,906 $ Total Available Funds $ 828,893 Other Sources: RETT Fund(if property Is Town owned $ 90,000 or controlled;it would be during con- struction;for landscaping and land- scaping irrigation) Road Fund(pick up the costs to build $ 122,400 road from Paroel'IC to Paroel'N') Total Other Sources $ 212,400 Total Funds -• Subsidy#1 $ 1,041,293 Existing Subsidy#2 As of 12/31/99 Remaining Capital Reserve Fund: $ 1,188,000 $ 2,376,231 $ 1,188,231 On June 21, 1999,the Financial Advisory Board presented a recom- mendation to the Town Council regard- ing the use of funds in the Capital Reserve Fund(see attached). If the Town Council feels the funding for Parcel'N'falls within the criteria,the above amount is the calculated amount based on the Financial Advisory Boards requirement.The payback to this reserve would occur over 2-3 years from future excise taxes. POSSIBLE TOTAL FUNDS—Subsidy#2: $ 2,229,293 Note: The Town still has$335,000 of available debt to be issued from the 1998 G.O. bond. The problem is how would we repay these bonds other than property taxes? PARCEL 'N' CONSTRUCTION COSTS AS OF 6/27/00 Building Construction $ 4,404,534 Site Development $ 815,740 Architectural $ 189,000 Civil Engineering $ 45,000 CTL Thompson $ 175,000 Water&Sanitation $ 130,000 Rock Removal $ 20,000 Construction Trash $ 15,000 Drapes &Blinds $ 25,000 Dewatering $ 5,000 Concrete Testing $ 2,500 Legal -S. Connor $ 6,000 Builders Risk Insurance $ 18,950 Other- Utilities $ 1,200 Total Construction Costs $ 5,852,924 Less: 2000 Housing Reserve $ (100,000) NET CONSTRUCTION COSTS $ 5,752,924 PARCEL 'N' TOWNHOME PURCHASE ESTIMATES Purchase Unit # Prise Tntai 3 Bedroom Units 10 $ 225,000 $ 2,250,000 2 Bedroom Units 7 $ 195,000 $ 1,365,000 Option#1 Total $ 3,615,000 Purchase unit # P[isa Total 3 Bedroom Units 10 $ 240,000 $ 2,400,000 2 Bedroom Units 7 $ 215,000 $ 1,505,000 Option#2 Total $ 3,905,000 Purchase unit # Price Total 3 Bedroom Units 10 $ 250,000 $ 2,500,000 2 Bedroom Units 7 $ 220,000 $ 1,540,000 Option#3 Total $ 4,040,000 PARCEL'N' FINANCING SCENARIO WITH SUBSIDY#1 $1,041,293 Scenario#1 Scenario#2 Scenario 93 Booms; Sources: Sources: Bond Proceeds $ 4.805,000 Bond Proceeds $ 4,805,000 Bond Proceeds $ 4,805,000 Subsidy#1 $ 1 041 000 Subsidy#1 $ 1,041,000 Subsidy#1 $ 1.041,000 S 5,846,000 $ 5,846,000 $ 5,846,000 Uses: Uses: Uses: Construction 5,752,000 Constriction Construction $ S 1!1-3 $ 5 752, 0 6,752.000 Subsidy Balance 94 000 Subsidy Balance $ 94 000 Subsidy Balance $ 94 000 Funds for Bond Repayment: Funds for Bond Repayment: Funds for Bond Repayment: Sale of Tovmhomes(Option#1) $ 3,615,000 Sale of Tovmhomes(Option#2) $ 3,905,000 Sale of Tow thomes(Option#3) $ 4,040,000 Subsidy Balance(from above) $ 94 000 Subsidy Balance(from above) S 94 000 Subsidy Balance(from above) $ 94 000 3,709,000 3 999 000 4 134 000 Bond Repayment: Bond Repayment: Bond Repayment: Principal $ 4,805,000 Principal $ 4,805,000 Principal $ 4,805,000 Interest $ 663,135 Interest $ 683,135 Interest $ 683,135 Less:Capitalized Interest $ (187,395 Less:Capitalized Interest S 087,395) .Less:Capitalized Interest S (187,395 $ 5,300,740 5,300,740 $ 5,300,740 Balance Remaining(i/-) $ (1,591,740) Balance Remaining(i/-) $ (1,301,740) Balance Remaining(H-) $ (1,166,740) PARCEL'W FINANCING SCENARIO WITH SUBSIDY#2 $2,229,293 Scenario of scenario 02 Scenario 03 Sources: Sources: Sources: Bond Proceeds $ 3,570,000 Bond Proceeds $ 3,570,000 Bond Proceeds $ 3,570,000 Subsidy#2 $ 2,229,000 Subsidy#2 $ 2 229 000 Subsidy 02 $ 2,229,000 $ 5,799,000 $ 5,799,000 $ 5,799,000 Uses: Uses: Uses: ConstWion $ 5 752 000 Construction $ 5,752,000 Construction $ 5,762,0150 $ 5,752,000 $ 5,752,000 $ 5,752,000 Subsidy Balance 47000 Subsidy Balance $ 47 000 Subsidy Balance $ 47 000 Funds for Bond Repayment: Funds for Bond Repayment: Funds for Bond Repayment: Sale of Tovmhomes(Option#1) $ 3,815,000 Sale of TOwntwmes(Option#2) $ 3,905,000 Sale of Tovmtomes(Option#3) S 4,040,000 Subsidy Balance(from above) $ 47.000 Subsidy Balance(from above) $ 47,000 Subsidy Balance(from above) $ 47 000 3 592 000 S 3"952 000 $__4"087 000 Bond Repayment: Bond Repayment: Bond Repayment: Principal $ 3,570,000 Principal $ 3,570,000 Principal $ 3,570,000 Interest $ 507,945 Interest $ 507,945 Interest $ 507,945 Less:Capitalized Interest S 139 239 Less:Capitalized Interest (139,239 Less:Cepitalized Interest $ (139,239 $ 3,939,705 $ 3,938,705 $ 3,938,705 Balance Remaining(+/-) $ (278,708) Balance Remaining(H•) $ 13,294 Balance Remaining(+/•) $ 148,204 PARCEL 'N' RISK ASSESSMENTS 1) Using the reserves might jeopardize other future projects due to lack of funding. 2) This project depends on excise taxes from 2000 to fund construction, plus future excise taxes to payback the Capital Reserve. What if they don't materialize? 3) If the units don't sell, we may have to open them up to Pitkin County employees. 4) Construction costs may escalate due to unknown site condi- tions. How would we pay for these overruns? 5) Use of the Housing Reserves may delay renovations on existing housing complexes. COUNCIL COMMUNIQUE MEETING DATE: 07-10-00 BY: Scott Smith STAFF: Joe Coffey SUBJECT: Parcel "N" Architectural Plan Review and Construction Schedule Discussion. OVERVIEW: Parcel "N" site plan,floor plans and building elevations are attached for Council review today. The changes requested from the last Council meeting have been incorporated into these plans. The first Planning Commission meeting for Parcel"N" is scheduled for July 19`n. Paul Broome of Norris and Associates will also be here today to discuss the construction schedule if requested. Phasing the construction on this project has been discussed with Norris and this option is viable and should be considered if the Council is not ready to sign a start to finish contract at this time. FINANCIAL SUMMARY: N/A BOARD OF COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: The Council should review and discuss all the plans submitted today and make recommendations if changes are necessary. The Parcel"N" development team needs direction today on how to proceed with this project. We are ready to proceed when we have your approval. SEE ATTACHMENT A TOWN COUNCIL COMMUNIQUE Meeting Date: July 10, 2000 Presented By: Craig Thompson/Steve Connor Subject: Ordinance No. 07: Revisions to Article IV of the Land Use Code. SEE ARTICIS IV LVMR ITEM NO. 3 OF AGUM Overview: Ordinance No. 07,Article IV of the LUC is scheduled for 2nd reading on July 10`". The following language changes have been incorporated into Article IV: 1. Page 6 of 55: h. Fences. 2. Page 29 of 55: 4. Parking For Residences. 3. Page 31 of 55: A(1) Preserve Existing Vegetation. 4. Page 37 of 55: Section 4-410(b) Job Generation Rates. 5. Page 39 of 55: e. Redevelopment. I 6. Page 39 of 55: Section 4420, Methods Of Complying With Requirements. In addition, a housing mitigation percentage will need to be determined and incorporated into Page 39 of 55: f. Summary of Formula. Please refer to attached spreadsheet for housing square footage required per mitigation percentage. Recommendation: Review, comment on and finalize language within Article IV of the LUC with the objective of approving Ordinance No. 07 on 2"d reading during the regular meeting (item no. 3 on agenda). Esaveote ?ve'oP�e�t .05 Gerye'ttiCt `. !OQ°b 9QJ 60°Ia '75°la 7D°le — 80°/0'. SD°ie PotentiafLand Uses- SFZe r.>s _.. HOUSING MITIGATION SPREADSHEET 2000 2,308.10 1,978.37 1,648.64 (units) (per unit) S983M S885A27 $78704 $737.85 $SW-66 $590-28 $491- so 0.38 8,512 7,6W.80 6,809.60 5,958.41 5.107.201 4,256.01 •i . . :23:11 .,s,:+umv�34'.m�..�t=..u_:.,ini?•�a.wx.•^s.'s fo Dollar JUnderlined $120.00. TOWN COUNCIL COMMUNIQUE Meeting Date: July 10, 2000 Presented By: Craig Thompson/Steve Connor Subject: Ordinance No. 07: Revisions to Article IV of the Land Use Code. Overview: Ordinance No. 07, Article IV of the LUC is scheduled for 2nd reading on July 10`h. Recommendation: Approve Ordinance No. 07 on 2 reading. 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, Town Council continued the First Reading of April 24, 2000 to May 1, 2000. 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 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: Ordinance No. 07, Series of 2000 Page 2 1. Amendment to Chapter 16A. Article IV. The provisions of Chapter 16A Article IV of the Municipal Code are hereby amended and restated as follows: ARTICLE IV DEVELOPMENT EVALUATION STANDARDS This Article establishes a set a 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 in the TewA; (2)faGilitate the effiG use-ef-land, as well as public and private services and facilities efficiently; (3) ensure " 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 The PUFP96e of this AFtirle is to protecti w-ef4he environmental, aesthetic and natural resources of the Brush Creek and Owl Creek valleys, including wildlife habitat, stream corridors, sensitive hillsides, and other unique lands and significant natural features, is a- fundamental PFORsiple that guided the ffepaFatien A-f the . The puFPese a This Division4s,4e establishes standards to ensure that as development occurs, these environmentally sensitive areas are protected and. , it me also the Town's gnten'L= to ensure that development does not contribute significantly to the degradation of air quality in the Town and 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 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 leAg been a important . 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 OF 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. 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 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 Mmaps in the Comprehensive Plan contain are general information wraps that depict the 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 locations ". All areas mapped as sensitive wildlife habitat shall be verified on the ground, pursuant to Section 4-110 D., 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. BeGause these FAaps are guides GF Fed flags, aAn applicant 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 first 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 shall describe how the proposed development will comply with Section 4-110 E., Standards. The analysis shall be prepared and submitted by a gualified wildlife biologist/ecologist or similar qualified expert, that and shall contain the following materials: 1. Map. A map of the property , depicting the activity patterns of the wildlife using the sensitive wildlife habitat, identifying; where relevant migration routes, travel corridors or patterns, calving, 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 be submitted that describes the activity patterns of the wildlife 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 progress and shall include provisions to ensure both implementation and monitoring of the plan by the applicant. As applicable, the report shall refer to any other wildlife enhancement or management plan that hasve 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 four out of five of the members of the Town Council 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 four out of five of the members of the Town Council, 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. 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. 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. 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 feuF(4) three (3) strands of smooth fence and shall not be made of woven wire. Rail fences shall be limited to three (3) rails of rounded or split rails. arA shall only use FOUnded rails. Rails shall not be wider than twelve inches (12"). Wire and Fail fences shall have a kickspace (distance between the top two [2) wires OF Falls) of not wide F less t#aan twelve inches (12"). Rail fences shall have a distance of eighteen inches (18") between the rails. (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 from these limitations. (6) Two (2) Rail Fences. At the discretion of Town Council, a two (2) rail wooden fence not to exceed thirty six inches (36") in height may be required. 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. The applicant shall provide access 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 identifying those lands that are subject to the provisions of this Section 4-120. 2. Lands Outside of Brush Creek Impact Area. Because the Environmental Sensitivity Map is a general map, the map should be considered to be a "guide" OF"Fed flame 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 subdivision. D. Brush Creek Impact Report. Because the Environmental Sensitivity Map is a guide OF Fed flag, an 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 where relevant, 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 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, Floodplain and Wetland Areas, with regard to the location of development in relation to 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 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 four out of five of the members of the Town Council 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. 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. 3. 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 water table, or would cause the temperature of water in the creek to increase beyond the tolerance levels of trout and other aquatic life. SECTION 4-130. FLOOD PLAIN AND WETLAND AREAS 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 locate all proposed development outside of the limits of that area. A professional engineer licensed in the State of Colorado shall prepare the study. C. Wetlands. Areas that are considered to be jurisdictional wetlands, as defined by the United States Army Corps of Engineers, are prohibited from development unless appropriate mitigation is approved by the Corps of Engineers, by appropriate permit, or 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 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 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 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 four out of five of the members of the Town Council 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. E. Avoid Activities Which May Affect Stability Discouraged on Slopes Greater 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 Mao that are visible that aFe at OF aFe within fifty feet (50') of elevation, meaSUFed YeFtioally, e the GFe6t �_f a Fudge OF hillside—. 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 stepped down the hill to accommodate the slope of the terrain, so as to minimize the 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. 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. 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, that 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: 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. The applicant's shall calculate the cumulative 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 the applicant to demonstrate how the development will accomplish either, or a combination of, the following options: (1) Reduce Number of Trips. Implement transportation demand management actions, such as provision of 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, design and construction of road network, transit facilities and public parking facilities 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 the current owner of the property submits a request for a refund to the Town's Finance Director. 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 physically block entrance of vehicles or pedestrians from entering the development via 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. 7. Street Pattern. Streets shall conform to approved plans for street extensions and shall bear a logical relationship to 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. The Town Council may permit private road easements 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. 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 streets 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. 9. Intersections. Intersections shall be ninety (90) degrees unless otherwise approved by the Town Engineer. In no case 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. 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. 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. The Building Official shall assign street numbers, 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, Survev Monuments, shall be installed to approximately finish grade. Permanent range point boxes shall be installed 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 (85). The desirable clearance is ten feet (10'). 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 (1.5'). 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 animal-proof, conforming to the specifications for such facilities promulgated by the Colorado Division of Wildlife. 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. 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 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. 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. b. Manipulate Vegetation. Recommendations to manipulate the density and form of vegetation, so as to create 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 roofline, 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. 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 (5') 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 (5') 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 of ten 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. 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 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. B. 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. C. 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 standards for the design of development sites, including standards for off-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. 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 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 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 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. 7. 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 the current owner of the property submits a request for a refund to the Town's Finance Director. All requests for refunds shall be accompanied by a copy of the receipt issued for payment of the 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. 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 two-family dwellings may consist of garage area, parking strip or apron. 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 Parkins 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 shall be provided for the snow storage area, to ensure snowmelt 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 (T). 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 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. SECTION 4-320. LANDSCAPING, GRADING AND OTHER DESIGN STANDARDS A. Landscaping Standards. 1. Preserve Existing Vegetation. Existing vegetation and live trees shall be preserved so as to: (a) reduce the potential for erosion and sedimentation from development; (b) screen or soften the appearance of development; and (c) buffer uses from one another. Existing vegetation and trees that are removed shall be replaced with appropriate,_same similar 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., Parking Lot Landscapin-g. B. Grading Standards. All development shall comply with the following standards. 1. Mass Grading. Mass grading that removes existing vegetation and leaves large areas of soil exposed shall be properly 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 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 visibly mark the extent of the designated building envelope. 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. S. Design Shall Fit Natural Topography and Site Conditions. Proposed structures shall be located and designed to fit the site's natural towaraphy and site conditions, rather than adjusting the topography and site conditions to fit the structure. For example, instead of creating a flat bench or terrace for a building platform on a sloping 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 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 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 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 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. An 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, grading, landscaping, interior and exterior passive and active solar energy features, and attention to elimination or 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 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. 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 watercourses. 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. 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. d. Screen Mechanical Equipment. The roofs of structures containing non-residential or multi-family uses should be 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 (d), Size Ranges of Restricted Dwelling Units. The unit mix and methods of providing housing shall be determined as described in Section 16A4420, 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. All units contributed by a developer shall meet these size limits. TABLE 4-6 SIZE RANGES OF RESTRICTED DWELLING UNITS Type of Unit Minimum Size Maximum Size (s q. ft.) (sq. ft. 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. (1) Existing Employee Housing Replacement. If any square footage of the existing employee housing is to be removed, an equal square footage of deed restricted housing shall be replaced. f.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 1 X 4-. 448 square feet x .60 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., Ridoeline Protection Areas. DIVISION 4-4. STANDARDS FOR RESTRICTED HOUSING Sec. 4-400. Purpose. To alleviate the shortage of adequate housing for persons of low, moderate or middle income, provisions for comfortable and affordable housing in locations approved by the Town Council shall be made to accommodate up to 60% of new employees and their families generated by development and redevelopment within the Town. (Ord. 4-1998 §1) Sec. 4-410. Restricted housing requirements. a. One hundFed per rent (100%) of Snowmass Village Empleyeer, Shall (100%) of the new employees employed in SnewrAa66 Village that aFe generated by development. b. Job Generation Rates. Job generation rates vary by the type of employment. The job generation rates found in Table 4-5, Job Generation Rates Per Type of Use, shall be applied to each type of use in the development at its maximum annual (peak) employment impact on the community. A reduction factor taking into consideration multiple lob holding averages for each type of use has been factored into the number of lobs created (multipliers are available for review in the Community Development Department). For any use not listed, or special circumstances as determined by Town Council, the Planning Director shall determine the applicable job 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 Type of Use Number of Jobs Generated Commercial including general retail, 4.83 jobs per 1,000 interior square feet grocery, liquor, convenience Office 3.68 jobs per 1,000 interiorsquare feet Multi-family and Fractional 0.61 jobs per unit Ownership/Time Share Units Single-family/Duplex up to 3500 sq. ft. 0.29 jobs per lot Single-family/Duplex 3500 sq. ft. and 1.58 jobs per lot over Hotel/Lodge 0.38 jobs per room which are furnished to accommodate sleeping occupants Ski Area Restaurants — Cafeteria 3.59 jobs per 1,000 interior square feet Style Restaurants 5.16 jobs per 1,000 interiorsquare feet Ski Areas 61.95 jobs per 1,000 skiers at one time Conference Center 0.97 jobs per 1,000 interiorsquare feet Health Club .96 jobs per 1,000 interiorsquare feet employee,AveFage NuFnbeF of jobs PeF Employee. The numbeF of jobs geneFated by all types of uses, as deteFFnined On SubseGtien (a), j9b Generation Rates, shall be divided by one and three tenths (1.3), the aveFage RurAbeF of jobs p9F to deteffRine the numbeF of new employees that will be geneFated by4he developmeRt. 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 ( X 448 square feet x .60) - (Existing pre-development jobs generated l X 448 square feet x 1.15) (Ord. 4- 1998 §1; Ord. 11-1998 §1) Sec. 4420. Methods of complying with requirements. Restricted housing shall be provided as follows: (1) Preliminary review. During preliminary review of the project, and based upon the information provided by the developer and Town staff, the Town Council shall determine: (a) Whether the proiect is an appropriate project to be financed, constructed. owned, and operated by the Town. (b)Whether the project is an appropriate project to be financed constructed owned, and operated by the developer. (c) Any combination of the above that the Town Council determines to be in the best interest of the Town. (d)The total anticipated construction cost of the project, including all site development costs, including soft costs. (2) Methods of providing housing. Housing shall be provided using one or more of the following methods: (a) Developer Buy-Down - Developer builds rental units transfers title of the project including land to the Town and the Town pays to the developer the bondable amount derived from the net operating income (amortized for a twenty-year period) The net operating income means the amount of revenue generated from the rents of a project, less capital replacement reserve and operating expense other than debt service. When the estimated net operating income of a project is insufficient to meet the debt service requirements of the restricted units the developer shall pay the difference between the bondable amount derived from the net operating income (amortized for a twenty-year period) and total construction costs. (b) Restricted Sale — Developer builds the restricted units and sells the units to qualified employees at prices established by the Town Council as determined by current sale prices of comparable restricted units within the Town. (c) Restricted Rates and Use — Developer builds, owns and manages restricted rental units in accordance with current Town of Snowmass Village Restricted Housinq Guidelines. When permitted by all applicable State and local laws or when agreed to by the developer, the units shall be restricted at the same rental rates charged by the Town for similar size units with similar amenities, as determined by the Town Council. Rental rates may be adjusted annually based on the inflation index used by Town. (d) Land for Credits -The Town Council, at it sole discretion, may grant to the developer employee housing credits in exchange for developable land The credits will equal 448 square feet x the number of units that can reasonably be constructed upon the land being transferred to the Town. The Town Council using information from competent land planners, densities of adjacent parcels and recommendations from Town staff, will determine the number of units suitable for the property. (e) Other Means - Such other means as may be agreed upon by the Town Council and the developer of a project requiring restricted housing, as required by Article IV of this Chapter. (3) Cash-in-lieu for minor developments. The Town Council may, at its sole discretion accept cash-in-lieu of restricted employee housing if the development is determined to be a minor development, as defined in this Chapter. (a) Costs to be included. Cash-in-lieu of employee housing shall include the cost of land and all related planning, design, site development, 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. (4) Developer responsibilities The developer shall be responsible for planning design 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. If Town Council has determined that the restricted housing will be owned by the Town and upon issuance of a certificate of occupancv, the developer shall convey the project free and clear of any monetary liens or restraints on alienation to the Town and the Town shall thereafter own and manage the restricted units. The developer shall warrant that the project is free of any construction defects for a period of one (1) year from the transfer of title to the Town. (5) Town Council responsibilities. The Town Council shall determine the unit mix and configuration of restricted units to be provided, fair and reasonable rental rates and sale prices for each type of restricted unit estimates of occupancy rates estimates of operating budgets (including maintenance and capital reserve) 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 housing surveys, comparable restricted rental rates information provided by the developer and recommendations from Town staff. (Ord. 4-1998 §1; Ord. 11-1998 §3) DIVISION 4-5. SIGN STANDARDS 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: 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. 7. 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) (32) 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 s#eet f Outage construction site. 2. Development Leasing/Rental Signs. Freestanding on-premises signs that 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. 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. 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 contents 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. 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. 6. 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 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 determined by the Building Official and/or Chief of Police. 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. B. Free Standing or Joint Identification Sign. Either one (1) freestanding, on-premises sign or one (1)joint identification sign shall be permitted at each vehicular access point to a business or the group of businesses advertised on the sign. There shall 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 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: 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 (2.5') of additional support to get the sign above an acceptable snow level, and then no more than two and one-half feet (2.5') 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 (2.5') of additional support to get the sign above an acceptable snow level, and then no more than four and one- half feet (4.5') within which the display surface shall be located. In no case shall the highest point of such a sign be more than seven feet (7') above the grade of the road. 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 (7') above the highest grade elevation at the base of the sign. 3. Width. No freestanding on-premises signor joint identification sign shall be more than seven feet (7') 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 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. 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 roofline. 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. 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 (7.5') 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, after 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. 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 required permit fee for each sign shall accompany the application. 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, when such flexibility is in the best interest of the community. The purpose of this section is to authorize a comprehensive sign 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 single building, or for building complexes that are located on one (1) lot or parcel or two (2) or more continuous parcels, that are held in unified control. C. Plan Requirements. Comprehensive sign plans shall meet the following requirements: 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. Following closure of the public hearing, the Town Council shall 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. 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 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. 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 June 5, 2000 upon a motion by Council Member Mercatoris, the second of Council Member Hatfield, and upon a vote of 4 in favor to 0 opposed. Council Member Brady was absent. READ, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass Village on Second Reading on July 10, 2000 upon a motion by Council Member , the second of Council Member and upon a vote of_ in favor and _opposed. TOWN OF SNOWMASS VILLAGE T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk COUNCIL COMMUNIQUE Meeting Date: July 10, 2000 Presented By: Planning Division: Chris Conrad Subject: Public Hearing and Second Reading: Ordinance No. 17, Series of 2000, an ordinance rezoning Parcel K, Faraway Ranch Gross Parcel Plat, and certain portions of Faraway Road as designated within the Timbers at Snowmass Final Planned Unit Development Plan, from SPA-1, Specially Planned Area, to MF, Multi-Family. Overview: The Timbers at Snowmass, LLC. , as part of their Final PUD application, has requested approval to rezone the land area containing their development from the current SPA-1 Specially Planned Area zone district to the MF Multi-Family zone district. Condition No. 1 of Ordinance No. 16, Series of 2000, which approves the Timbers at Snowmass Final PUD, requires that this rezoning occur. The Ordinance received first reading approval at your June 19 meeting. Amendment to The enclosed ordinance contains an additional finding (double Ordinance: underlined) and amended "Subject Area" for consideration at second reading. It was recommended to the Applicant that the westerly portion of Parcel K containing ski easements remain zoned SPA-1, Specially Planned Area, rather than be rezoned to MF Multi-Family. You will recall that no improvements were intended to be placed within that area as part of the Timbers at Snowmass PUD. The Applicant has agreed to this amendment to their rezoning request and the ski easements have been excluded as being part of the "Subject Area". Recommendation: Conduct the Public Hearing and then Staff recommends Second Reading approval of the enclosed Ordinance. P:\user\cconrad\MS Word Docs\Timbers\Timbers Final\The Timbers Final PUD Zoning TCMemo02 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 17 SERIES OF 2000 AN ORDINANCE REZONING PARCEL K, FARAWAY RANCH GROSS PARCEL PLAT, AND CERTAIN PORTIONS OF FARAWAY ROAD AS DESIGNATED WITHIN THE TIMBERS AT SNOWMASS FINAL PLANNED UNIT DEVELOPMENT PLAN, FROM SPA-1, SPECIALLY PLANNED AREA, TO MF, MULTI-FAMILY. WHEREAS, the Town Council approved the Timbers at Snowmass Final Planned Unit Development ("PUD") Plan by the adoption of Ordinance No. 16, Series of 2000; and WHEREAS, said Ordinance contained certain conditions of approval, including the requirement that land area comprising the Final PUD be rezoned from the SPA-1 Specially Planned Area to the MF Multi-Family zone district; and WHEREAS, The Timbers at Snowmass, LLC (the "Applicant") hereby request that said rezoning occur for that land area as shown and described in Exhibit "A" , attached hereto and incorporated herein by reference (the "Subject Area"); and WHEREAS, the Subject Area includes Parcel K, Faraway Ranch Gross Parcel Plat ("Parcel K"), as recorded March 18, 1985 in Plat Book 17 at Page 5 and portions of the existing Faraway Road which was dedicated as part of the Ridge Run Unit I Subdivision, according to the plat recorded on December 21, 1967 in Plat Book 3 at Page 281, both as found in the records of the Pitkin County Clerk and Recorder; and WHEREAS, the final plat for the Timbers at Snowmass Final PUD involves the re-alignment of Faraway Road such that portions of the original right-of-way will become part of Lot 2 and portions of Parcel K will be dedicated as new Town right-of-way; and WHEREAS, the Town of Snowmass Village hereby consents to the inclusion of the portion of existing Town right-of-way that will become part of Lot 2 of the Applicant's Final PUD subdivision plat as part of this re-zoning request; and WHEREAS, the Applicant submitted the Timbers at Snowmass Final PUD Plan (the "Project") application, including rezoning request, to the Town on May 25, 2000 and the Planning Director determined that the application was complete TC Ord. 00-17 Page 2 and satisfied the Final PUD and rezoning submission requirements of Sections 16A-5-370 and 16A-5-220 of the Snowmass Village Municipal Code (the "Municipal Code'); and WHEREAS, posted, mailed, and published notice of the public hearing to be held before the Town Council on July 10, 2000 was provided in accordance with the public notice requirements of Section 5-150 of the Municipal Code; and WHEREAS, the Town Council will conduct the public hearing on that date for the purpose of receiving public comment; and WHEREAS, the Town Council has now considered the subject rezoning request and heard the recommendations of Town Staff; and 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, Colorado, as follows: Section One: Findings. The Town Council finds as follows: 1. That the application was complete and satisfied the rezoning submission requirements of Section 16A-5-220 of the Snowmass Village Municipal Code (the "Municipal Code"). 2. The public notice requirements of Section 5-150 of the Municipal Code have been satisfied. 3. The rezoning request will be consistent with the Timbers at Snowmass Final PUD and satisfies the requirement of Condition No. 1 of Ordinance No. 16, Series of 2000: 4. The rezoning of the Subject Area from the SPA-1 Specially Planned Area to the MF Multi-Family zone district is consistent with the Review Standards set forth in Section 16A-5-220(e) of the Municipal Code. 5. Parcel K contains two (2) ski easements containing a 1.875 acre portion of Parcel K which are not intended to contain improvements associated with the Timbers at Snowmass PUD. The Town Council has determined. and the Applicant agrees that said portion of Parcel K should be excluded from the Subject Area and remain zoned SPA-1. This will not affect the multi-family residential development of the remaining portion of Parcel K. TC Ord. 00-17 Page 3 Section Two: Action. The Town Council hereby amends the Town of Snowmass Village Official Zone District Map ("Zone District Map'), as adopted by Resolution No. 22, Series of 1999, by approving the rezoning of the Subject Area from the SPA-1 Specially Planned Area to the MF Multi-Family zone district, as shown and described in Exhibit "A". The Town Council further directs Staff to amend the Zone District Map to reflect that the zoning classification for the Subject Area is now the MF Multi-Family zone district. Section Three: Severability. Any portion or provision of this Ordinance determined by a Court of competent jurisdiction to be invalid or unenforceable shall not affect or impair the validity and enforceability of all other portions and provisions of this Ordinance. READ, APPROVED AND ADOPTED on First Reading by the Town Council of the Town of Snowmass Village on the 19th day of June, 2000 upon a motion by Council Member Brady, the second of Council Member Hatfield, and upon a vote of 3 in favor and 0 against. Mayor Manchester and Council Member Costello were absent. READ, APPROVED AND ADOPTED on Second Reading by the Town Council of the Town of Snowmass Village on the 10th day of July, 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 ATTEST: T. Michael Manchester, Mayor Trudi Worline, Town Clerk HAShared\C1erk\0rdAc\00-17 Timbers Zoning 2nd Read ZONING V.0 Q' r E�7ELOPMENT TIMBERS AT SNONMASS PLATED UNIT WAY ROAD). FARAWAY RANCH THE TI LYING NORTH OF FARAWAY GE 5 TRACT 7 AT PA TED K 1 EASEMENT AND UNDESIGNA 1985 IN FLAT B00 (INCLUDING SKI MARCH 18. PARCEL K (INC PLAT THEREOF RECORDED ,ORADO ¢ PARCEL L ACCORDING TO THE GRO�S PAR W ASS VILLAGE, CO UNTI' OF PITRIN. STATE OF CO TOWN OF S1`0 M �vY[ N]IIT 14 J 8 k IERMINAB[E "•�' -4 q EASEMENT e Inam 0 invm' 3 � •>'°° ~� �Nr� WAY a Q • REALIGNED EARA WAY Q Ig �+ 9°• � m 9 9 A T y0 EAEEMLN7 i Z 10 T 8 � � P 0-4 s 8e y LL O • O 4 O 1�iEERBReO] a • ••�•••°••••• cnAVwc sous EXHIBIT "A" TC Ordinance No. W, Series of 2000 (Page 2 of 3) PARCEL K (AFTER R.O.W.REALIGNMENT) (LOT 1 AND SKI EASEMENT) A PARCEL OF LAND SITUATED IN PARCEL K,FARAWAY RANCH , ACCORDING TO THE GROSS PARCEL PLAT THEREOF RECORDED MARCH 18, 1985 IN PLAT BOOK 17 AT PAGE 5 OF THE PIKIN COUNTY RECORDS.SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL K,BEING A FOUND REBAR WITH CAP MARKED L.S.#15710,ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF BRUSH CREEK ROAD;THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY N 68°03'36"E,297.86 FEET;THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 103.14 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 1871.70 FEET;A CENTRAL ANGLE OF 03°09'26",CHORD BEARS N 69°38'19"E, 103.12 FEET;THENCE LEAVING SAID SOUTHERLY RIGHT-OF- WAY LINE S 32°54'23"W 92.71 FEET;THENCE 320.13 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 210.00 FEET,A CENTRAL ANGLE OF 87 020'36",CHORD BEARS N 76 034'41"W,290.02 FEET;THENCE N 59°45'01"W, 104.63 FEET;THENCE 136.94 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 165.00 FEET,A CENTRAL ANGLE OF 47°33'01",CHORD BEARS N 83°31'32"E,133.04 FEET;THENCE S 72 041'57"E, 82.17 FEET;THENCE 35.94 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 235.00 FEET,A CENTRAL ANGLE OF 08°45'44",CHORD BEARS S 77 004'49"E,35.90 FEET;THENCE S 60°00'00"W,325.16 FEET;THENCE S 30°00'00"E, 181.24 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF RIDGE LANE;THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF- WAY LINE 11.35 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 203.85 FEET,A CENTRAL ANGLE OF 03°11'26",CHORD BEARS S 58°12'46"W, 11.35 FEET;THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF WAY S 56 035'00"W,241.76 FEET;THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY 106.02 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 528.97 FEET,A CENTRAL ANGLE OF 11°29'00",CHORD BEARS S 50°52'30"W, 105.84 FEET;THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 45 008'00"W,32.68 FEET;THENCE ALONG CONTINUING ALONG SAID NORTHERLY RIGHT-OF- WAY 97.22 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 154.73 FEET,A CENTRAL ANGLE OF 36°00'00",CHORD BEARS S 63°08'00"W,95.63 FEET;THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 81 008'00"W,34.68 FEET;THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE N 14 058'00"E, 151.44 FEET;THENCE N 75°02'00"W,330.04 FEET;THENCE S 04°15'00"W,80.00 FEET;THENCE S 21-48'00"W,336.98 FEET;THENCE 21.25 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 204.63 FEET,A CENTRAL ANGLE OF 05°56'59",CHORD BEARS N 68°05'29"W,21.24 FEET;THENCE N 65 007'00"W, 7.97 FEET;THENCE N 03°08'00"E, 162.00 FEET;THENCE N 00 026'00"E,541.23 FEET;THENCE N 03°33'00"W,0.37 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 9.420 ACRES, MORE OR LESS. AND; BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BRUSH CREEK ROAD A REBAR WITH CAP MARKED L.S.#15710 AND BEING THE NORTHEAST CORNER OF PARCEL K ALSO BEING THE NORTHWEST EXHIBIT "A" TC Ordinance No. 17, Series of 2000 (Page 3 of 3) CORNER OF PARCEL N,THENCE LEAVING SAID RIGHT-OF-WAY LINE S 20°20'00"E,222.00 FEET;THENCE N 72°41'57"W,22.36 FEET;THENCE 190.88 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 230.00 FEET,A CENTRAL ANGLE OF 47°33'01",CHORD BEARS S 83°31'32"W, 185.45 FEET;THENCE S 59°45'01"W, 104.63 FEET;THENCE 221.04 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 145.00 FEET,A CENTRAL ANGLE OF 87°20'36",CHORD BEARS N 76°34'41"W,200.25 FEET;THENCE N 32°54'28"W, 75.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BRUSH CREEK ROAD;THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 55.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 1871.70 FEET,A CENTRAL ANGLE OF 01%%42'35",CHORD BEARS N 74°07'51"E,55.85 FEET;THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 74°59'17"E,211.73FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 219.57 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 575.43 FEET,A CENTRAL ANGLE OF 21°51'45",CHORD BEARS N 64°03'25" E,218.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1.690 ACRES,MORE OR LESS. COUNCIL COMMUNIQUE MEETING DATE: July 10, 2000 BY: Steve Connor STAFF: Chris Conrad SUBJECT: RECONSIDERATION OF ORDINANCE NO. 12, SERIES OF 1999, AN ORDINANCE AMENDING ORDINANCE NO. 6 SERIES OF 1994, REZONING A 3.201 ACRE PORTION OF PARCEL F, LOT 3, EAST VILLAGE PUD FROM OPEN SPACE TO PUBLIC. OVERVIEW: This Ordinance rezoned a 3.2 acre Parcel in East Village from OS (Open Space) to PUB (Public) to permit the Snowmass Nature Center Educational Facility. Reconsideration of this Ordinance will, in effect, rezone said Parcel to Open Space, as originally stated in Ordinance No. 6, Series 1994. In accordance with Robert's Rules of Order, reconsideration of a motion shall be moved by any member of the Council that voted in favor of the original motion. In other words, Council member Brady, Costello, or Manchester must move for reconsideration. Any member of Council may second the motion. STAFF RECOMMENDATION: Staff recommends that Council move to reconsider Ordinance No. 12, Series of 1999, and vote against the Ordinance, thereby rezoning this Parcel to Open Space. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 12 SERIES OF 1999 AN ORDINANCE AMENDING ORDINANCE NO. 6, SERIES OF 1994, THE EAST VILLAGE PLANNED UNIT DEVELOPMENT LAND USE PLAN MAP AND SUBDIVISION PLAT, AS APPROVED, AND TO REZONE A 3.201 ACRE PORTION OF PARCEL F, LOT 3, EAST VILLAGE PLANNED UNIT DEVELOPMENT FROM OS-OPEN SPACE TO PUB-PUBLIC IN ORDER TO PERMIT THE SNOWMASS NATURE CENTER EDUCATIONAL FACILITY. WHEREAS, the Snowmass Village Town Council previously approved the East Village Planned Unit Development ("PUD") and Land Use Plan in Ordinance No. 6, Series of 1994 ("Ordinance 6"); and WHEREAS, the East Village PUD Land Use Plan Map was subsequently recorded in Plat Book 35 at Page 60 in the records of the Pitkin County, Colorado Clerk and Recorder; and WHEREAS, the Snowmass Nature Center, Inc. ("Applicant') has made application to amend the East Village PUD in order to permit the Snowmass Nature Center educational facility (the "Project') to be located within a 3.201 acre portion (the "Subject Area") of Parcel F, Lot 3, East Village Planned Unit Development ("Lot 3"), as further described within Exhibit A of this ordinance; and WHEREAS, Lot 3, which is 18.63 acres in size and currently zoned OS-Open Space, was conveyed to the Town of Snowmass Village (the "Town") in 1994 as part of the East Village development agreement; and WHEREAS, the Town, as landowner, has consented to allow the Applicant to submit the Nature Center proposal; and WHEREAS, the application had been reviewed by the Planning Director who determined that it could be processed as a minor amendment of the East Village PUD pursuant to Section 16A-5-390(2) of the Snowmass Village Municipal Code (the "Municipal Code"); and WHEREAS, full authorization of the Project, as described within Exhibit A, will necessitate: 1) directing the applicant to conduct a Wildlife Habitat Analysis of the Subject Area; 2) subsequent review and acceptance of the wildlife report, including mitigation and enhancement plan; 3) amending the permitted uses and zoning parameters specified for Lot 3 within the East Village PUD Land Use Plan Map; 3) rezoning the 3.201 acre portion of Lot 3 from OS-Open Space to PUB-Public; 4) amending the original "Two Creeks and The Pines Final Wildlife Enhancement and Management Plan" within Ordinance 6; 5) remove the TC Ord.88.12 Page 2 "Conservation Corridor" designation from the subject area on the East Village subdivision plat; and 6) obtain Special Review approval from the Planning Commission for the placement of their educational facility within the PUB-Public zone district; and WHEREAS, procedural items 1 and 2 above regarding the Wildlife Habitat Analysis and wildlife report are separate matters not part of this ordinance which shall be processed pursuant to 16A4-20(d) of the Municipal Code; and WHEREAS, procedural item 6 above regarding Special Review involves a separate application not part of this ordinance which may only be submitted following completion of items 1-5 above and with the specific authorization of the Town Council; and WHEREAS, the Snowmass Land Company has agreed to amend the Special Warranty Deed use restrictions that had been applied to Lot 3 in order to permit the Applicant's proposal to occur; and WHEREAS, in accordance with the posted, mailed, and published notice requirements specified within Chapter 16A of the Municipal Code, a public hearing was held before the Snowmass Village Town Council on October 4, 1999 to receive public comment concerning this application; and WHEREAS, the Town Council has received public testimony at the Public Hearing, reviewed the application materials, heard a presentation by the applicant and received the report and recommendations from the Town staff; and NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Findings. The Town Council finds as follows: 1. Lot 3 is owned by the Town and a motion to approve the use of the Subject Area within Lot 3 so that the Applicant could proceed with a "Land Use Application"was approved at the July 20, 1998 Town Council meeting. 2. The Applicant submitted the application for Preliminary Plan Review and rezoning of the Project in accordance with the provisions of Chapter 16A of the Municipal Code. The Preliminary PUD Plan application provided the Minimum Contents required pursuant to Section 16A-5-220(d) and 16A-5-390(2)(b), including both written and graphic materials, in sufficient detail to deem the application complete for review. TC Ord.99-12 Page 3 3. All public notification requirements, as specified within Sections 16A-5-220(c)(6) and 16A-5-390(2)(e) of the Municipal Code, have been satisfied. 4. The Subject Area is identified as being within an area designated "Migration Corridor" on the "Elk Season Activity 1" map within the Snowmass Village Comprehensive Plan (the "Comprehensive Plan"). Section 16A-4-20(c)(2) of the Municipal Code states that these maps are general in nature which need to be verified on the ground pursuant to Subsection (d), Wildlife Habitat Analysis. Based upon written testimony provided by Dr. Dan Baharav of Baharav Environmental Consulting, Randy Cote with the Colorado Division of Wildlife ("CDOW), and Dawn Keating, the Town's Wildlife Specialist, there may be reason to believe that the Subject Area is not within the current migration corridor and that the proposed Project will not contribute additional negative impacts to the migration corridor's viability. Section 16A-4-20(e) of the Municipal Code, however, requires that three-quarters (3/4) of the Town Council members adopt a resolution directing the developer to develop a Wildlife Habitat Analysis, including mitigation and enhancement plan, for subsequent review and approval prior to authorizing any development within the Subject Area. This occurred with the adoption of Town Council Resolution No. 52, Series of 1999. The Town Council finds that, with the exception of the rezoning, the approvals granted pursuant to this ordinance should not take effect until such time as an ordinance approving the Applicant's final Wildlife Mitigation and Enhancement Plan and authorizing development of the Project has been adopted. 5. The Applicant proposes to amend the Two Creeks and The Pines Final Wildlife Enhancement and Management Plan contained within Exhibit B of Ordinance 6 by: a) Amending "Management Zone A" to exclude the Subject Area and to designate said area as being within "Management Zone B". b) Amending the Enhancement Plan Landscaping present requirement which species that five (5) Blue Spruce, thirty (30) Willows, eight (8)Aspens and five (5) Chokecherry bushes be planted within Lot 3 so that the Snowmass Land Company may be permitted to provide a greater mix of trees and shrubs equivalent to or better than what is presently required, in terms of quantity and/or quality as determined by the Town, which would more appropriately enhance the existing aspen ecosystem and wildlife values within Lot 3. c) Incorporating the recommendations and guidelines contained within the Applicant's final Wildlife Mitigation and Enhancement Plan to supercede the original plan as it would apply to the Subject Area and/or Lot 3 only. TC Ord.99-12 Page 4 The Town Council has reviewed the Applicant's proposal and finds that the above proposed amendments to the original PUD would be generally consistent with Section 16A-5-390(3), Review Standards, of the Municipal Code; however, amendments to the Two Creeks and The Pines Final Wildlife Enhancement and Management Plan contained within Exhibit B of Ordinance 6 should occur at the time the Applicant's final Wildlife Mitigation and Enhancement Plan is adopted by separate ordinance. 6. The Town Council has reviewed the Applicant's proposal to amend the permitted uses and zoning parameters specified for Lot 3 within the East Village PUD Land Use Plan Map, as described below, and finds that the proposed amendments to the original PUD would be generally consistent with Section 16A-5-390(3), Review Standards, of the Municipal Code. 7. The Town Council has reviewed the Applicant's proposal to rezone the 3.201 acre portion of Lot 3, as described within Exhibit A, from OS-Open Space to PUB-Public and finds consistency with Section 16A-5-220(e), Review Standards (Rezoning), and Section 16A-5-220(e), Review Standards for Rezoning of Lands Zoned Open Space or Conservation, of the Municipal Code. The rezoning of the property in order to provide for the creation of the proposed Nature Center has been found to be in the public interest. The rezoning of only a portion of Lot 3 will preserve the open space designation for all but the smallest amount determined to be needed to reasonably accommodate the Project and as necessary to promote the public health, safety and welfare. The PUB-Public zone district is the most restrictive district which would permit, subject to Special Review, the educational facility and parking lot proposed by the Applicant. 8. The Town Council has reviewed the Applicant's proposal to remove the "Conservation Corridor" designation from the Subject Area on the East Village subdivision plat and finds: a) The placement of this plat designation on certain areas within the East Village was intended to identify what had been identified as "Management Zone A" within the Two Creeks and The Pines Final Wildlife Enhancement and Management Plan contained within Exhibit B of Ordinance 6. b) The Applicant proposes to remove the Subject Area from being within "Management Zone A" and to submit a wildlife analysis report which will include a new Wildlife Enhancement and Management Plan specific to the Subject Area and proposed Project. TC Ord.99-12 Page 5 c) Said plan must be reviewed and accepted by separate ordinance which must be approved by the Town Council prior to any development occurring within the Subject Area. d) There will then be no need to retain the platted "Conservation Corridor" designation for the Subject Area and it's removal may be processed as an administrative technical amendment pursuant to Section 16A-5-250(a) of the Municipal Code provided written authorization is given by the Snowmass Land Company and necessary documents are prepared by the Applicant. Section Two: Amending Ordinance 6 and the East Village PUD Land Use Plan Map. The Town Council hereby amends the map diagram, Permitted Uses by Right, Major Structures and Land Use Parameters for Parcel F, Lot 3, of the Final Land Use Plan approved within Section 2 of Town Council Ordinance No. 6, Series of 1994, as recorded in Book 764 at pages 207-284, and as subsequently signed and recorded in Plat Book 35 at Page 60 in the records of the Pitkin County, Colorado Clerk and Recorder, to read as shown and described within Exhibit B of this ordinance. Said approval is subject to the conditions contained within Section Five below. Section Three: Rezoning from OS-Open Space to PUB-Public Zone District The Town Council, upon finding it to be in the public interest that the proposed rezoning occur in order to provide for the creation of the proposed Nature Center, hereby approves by a two-thirds (2/3) vote of the entire council the rezoning of the subject 3.2 acre portion of Lot 3, as described within Exhibit A of this resolution, from the OS-Open Space to PUB-Public Zone District. Section Four: Amendment to the East Village Subdivision Plat. Plat Note No. 1 on the subdivision plat for the East Village Planned Unit Development, as recorded in Plat Book 35 at Page 56 in the records of the Pitkin County, Colorado Clerk and Recorder, specifies the necessary requirements to modify or amend the "Conservation Corridor" designated on the plat. In accordance said requirements, the Town Council hereby consents to the removal of this designation from the subject 3.2 acre portion of Lot 3, subject to the conditions contained within Section Five below. Section Five: Conditions of Approval. 1. The approvals granted pursuant to Sections Two and Four of this ordinance shall not take effect until such time as a separate ordinance approving the Applicant's TC Ord.99-12 Page 6 final Wildlife Mitigation and Enhancement Plan, thereby amending the Two Creeks and The Pines Final Wildlife Enhancement and Management Plan contained within Exhibit B of Ordinance 6 and authorizing development of the Project, has been adopted. 2. No building permits may be issued or development of any kind occur without prior written authorization of the Town and/or Special Review approval of a design specific proposal. 3. As landowner, the Town reserves the right to rescind this ordinance, to include reverting the zone district classification for the subject 3.2 acres back to the OS- Open Space district, should Condition No. 1 above not be satisfied within one (1) year, or should the issuance of a building permit not occur within three (3) years, from the date of second reading of this ordinance. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on November 1, 1999 upon a motion by Council Member Mercatoris, the second of Council Member Brady, and upon a vote of 4 in favor and 1 against. Council Member Hatfield opposed. READ, APPROVED AND ADOPTED as amended, by the Town Council of the Town of Snowmass Village on Second Reading on November 15, 1999 upon a motion by Council Member Costello, the second of Council Member Brady, and upon a vote of 3 in favor and 1 against. Mayor Manchester and Council Members Brady and Costello voted in favor. Council Member Hatfield opposed. Council Member Mercatoris was absent. TOWN OF SNOWMASS VILLAGE 1 By: T. Michael Manchester, Mayor ATTEST: !!/ll1 4�LLi61 Trudi Worline, Town Clerk EXHIBIT A Town Council Ordinance No. 12, Series of 1999. LEGAL DESCRIPTION ALL THAT PORTION OF PARCEL F LOT 3, EAST VILLAGE PLANNED UNIT DEVELOPMENT, A SUBDIVISION IN THE COUNTY OF PITKIN, STATE OF COLORADO, ACCORDING TO THE RECORDED PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL F LOT 3, THENCE SOO'49'15"E, 179.40 FEET ALONG THE WEST LINE OF SAID PARCEL F LOT 3; THENCE N75'00'00'E, 77.75 FEET TO A POINT OF CURVE TO THE RIGHT, THENCE SOUTHEASTERLY, 219.91 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 710.00 FEET, A CENTRAL ANGLE OF 60'00'00' AND BEING SUBTENDED BY A CHORD THAT BEARS S75'00'00'E, 210.00 FEET; THENCE S45'00'00"E, 86.77 FEET; THENCE S59'00'00"E, 178.72 FEET; THENCE 537000'00"E, 73.39 FEET; THENCE S86'00'00"E, 59.13 FEET; THENCE N68'00'00"E, 20.29 FEET; THENCE N41'00'00"E, 35.25 FEET; THENCE N06400'00'W, 36.75 FEET.TO A POINT OF CURVE TO THE LEFT; THENCE NORTHWESTERLY, 43.91 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE, SAID ARC HAVING A RADIUS OF 165.00 FEET, A CENTRAL ANGLE OF 15014'52' AND BEING SUBTENDED BY A CHORD THAT BEARS N13'37'260W, 43.78 FEET; THENCE NORTHERLY, 124.68 FEET ALONG THE ARC OF SAID REVERSE CURVE TO THE NORTHERLY LINE OF SAID PARCEL F LOT 3, SAID ARC HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 47'37'32' AND BEING SUBTENDED BY A CHORD THAT BEARS NO2'33'540E, 121.12 FELT;. . THENCE NORTHWESTERLY, 109.36 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL F LOT 3 AND ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 495.00 FEET, A CENTRAL ANGLE OF 12'39'30' AND BEING SUBTENDED BY A CHORD THAT BEARS N51'45'15"W, 109.14 FEET; THENCE N58'O5'00'W, 206.54 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL F LOT 3 TO A POINT OF CURVE TO THE LEFT; THENCE NORTHWESTERLY, 67.13 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL F LOT 3 AND ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 32403'00' AND BEING SUBTENDED BY A CHORD THAT BEARS N74'06'30'W, 66.25 FEET; THENCE S89'52'00"W, 272.26 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL F LOT 3 TO A POINT OF CURVE TO THE RIGHT; THENCE WESTERLY, 34.44 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL. F LOT 3 AND ALONG THE ARC OF SAID CURVE TO THE POINT OF BEGINNING. SAID ARC HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 4'11'55' AND BEING SUBTENDED BY A CHORD THAT BEARS N88'02'02'W, 34.43 FEET. AREA + 3.201 ACRES, MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT. PLS #23529 DREXEL BARRELL & CO. 4840 PEARL EAST CIRCLE #914 BOULDER, COLORADO 80301-2475 (303) 442-4338 EXHIBIT B Town Council Ordinance No. 12, Series of 1999. The Town Council hereby amends the map diagram, Permitted Uses by Right, Major Structures and Land Use Parameters for Parcel F, Lot 3, of the Final Land Use Plan approved within Section 2 of Town Council Ordinance No. 6, Series of 1994, as recorded in Book 764 at pages 207-284, and as subsequently signed and recorded in Plat Book 35 at Page 60 in the records of the Pitkin County, Colorado Clerk and Recorder, as follows: 1. The zoning and land use parameters for Parcel F shall be amended to add: D. Uses permitted within Lot 3 subject to Special Review pursuant to Chapter 16A of the Snowmass Village Municipal Code: • Environmental Educational Facility and associated uses. • Associated Parking for Nature Center. • Incidental retail, food and beverage service and sales. • Accessory office/administrative use. • Educational interpretive signs • Snowmass Nature Center identification sign • Outdoor lecture area. • Picnic tables, sitting benches, campfire ring and associated facilities. 2. Paragraph B, Majors Structures, for Parcel F shall be amended to read: B. Major Structures 1. Lot 2—ski lifts as defined on the Final Plat easement. 2. Lot 3 —One (1)Educational Facility for use as Nature Center. 3. Paragraph C, Land Use Parameters, for Parcel F shall be amended to read: C. Land Use Parameters 1. Lot 2: As required to construct ski lift within the easement shown on Final Plat. 2. Lot 3: Maximum allowed square footage (FAR): 2,800 s.f. Maximum allowed building height: 28 ft. Maximum allowed parking spaces: 14 Maximum size of identification sign: 12 s.f. Maximum number of identification signs: 1 Maximum number of interpretive signs: 12 TOWN COUNCIL COMMUNIQUE Meeting Date: July 10, 2000 Presented By: Gary Suiter, Town Manager Subject: Resolution No. 26, Series of 2000, a resolution appointing five new members to the Town of Snowmass Village Arts Advisory Board Overview: Currently, there are 5 openings available on the Arts Advisory Board, (which was mistakenly noted as 7 openings at the last Council meeting) so the first 5 applicants have been appointed to the Board and the 6th applicant will be an "alternate member" until the AAB Ordinance is amended and approved, expanding the allowed number of members to 15. Currently, 6 of the 7 current members' terms will expire in 2002. In order to allow for overlapping terms, as specified in the Code, four of the new members' terms will expire in January of 2001. Then starting in 2001, all terms will be for 2 years. Kathy Hansen was the first applicant so she will fill the vacancy that was left by Chris Nolen, who's term expired in January of this year. Recommendation: Approve Resolution. hdshared!Ao council conmunipu6 shall (master on deputy town cork compularKlelnew/penerep SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 26 SERIES OF 2000 A RESOLUTION APPOINTING FIVE NEW MEMBERS TO THE TOWN OF SNOWMASS VILLAGE ARTS ADVISORY BOARD WHEREAS, Section 8.1 of the Home Rule Charter states that members of all boards and commissions shall be appointed by the Town Council; and WHEREAS, Five vacancies are available on the Arts Advisory Board; and WHEREAS, the following citizens have expressed an interest to serve on the Arts Advisory Board. WHEREAS, Ordinance No. 9, Series of 1993 states that the Arts Advisory Board shall consist of not less than five (5) nor more than twelve (12) members; and NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One: Appointments and Terms That the following citizens are hereby appointed to serve as follows: ARTS ADVISORY BOARD 2-YEAR TERM Kathy Hansen 07/00— 01/02 1-YEAR TERM Judy Clauson 07/00— 01/01 Megan Bly Humphrey 07/00— 01/01 Shirley Millard 07/00—01/01 Lois L. Sando 07/00— 01/01 INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 10th day of July 2000 with a motion made by Council member and seconded by Council member , and by a vote of_ in favor to opposed. TOWN OF SNOWMASS VILLAGE ATTEST: T. MICHAEL MANCHESTER, Mayor TRUDI WORLINE, Town Clerk TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: GARY SUITER, TOWN MANAGER RE: MANAGER'S REPORT DATE: JULY 06, 2000 fiRfifififiR#*#***iifiififiRfiRR#ii**i##i*tf**Ri#**ffii****RiiR RRfifiifiRRtfi#tfiRRKf*****if*i*R*tii*ifi#R##i#iRRRRRRiii *JOB OPENINGS As you know, we have been advertising and interviewing for the positions of Wildlife Specialist, Senior Planner, and Assistant to the Town Manager. At Council's request, I have attached reports that provide you with the current status and description of both the Wildlife Specialist and Assistant to the Town Manager positions. We are continuing to advertise and interview for the Senior Planner position. Staff would like to proceed with filling these positions as soon as possible and will happy to answer any questions that you may have. WOODRUN DUMPSTER In order to move this matter forward, Hunt Walker is scheduling a meeting with Gary Ross, Wayne Floyd, a Woodrun V Board Member and himself, in order to further examine the possibility of locating the enclosure just below Village Run Circle. I have visited the proposed site and believe it has the potential to meet everyone's objectives. TRAIL CLOSURES As a follow-up to Council's request, Staff contacted the Division of Wildlife for their opinion on Trail closure dates. The DOW recommended that we stick to our established trail closure and opening dates so as to provide consistency with the public and eliminate possible confusion. I rode the Tom Blake Trail on opening day and encountered large game. Additionally, there were fresh signs of wildlife on the Rim Trail. It seems that the trail closure dates are working as planned. TOWN'S FINANCIAL ADVISOR Please be informed that the Town's Financial Advisor, Russ Caldwell, has moved from Bigelow& Company to Kirkpatrick Pettis, a Division of Mutual of Omaha. Russ's new firm possesses substantial assets, is well established in municipal bond markets and has performed well to date. If Council has any questions or needs further information, please let me know and I will advise Russ accordingly. SPECIAL MEETING Please be advised that a Special Meeting has been scheduled for Wednesday, July 26th at 4:00pm to hear the Sketch Plan presentation for Faraway Ranch North, a.k.a. Snowmass Center Expansion. This meeting was scheduled and noticed before the Snowmass Club application was withdrawn. We don't expect it to consume a great deal of time and will video tape the meeting for those who cannot attend. Please let me know if you have problems or concerns with this. *COUNCIL PICTURES We need to set a date for the annual Council photograph. As you may know, the last session was not fruitful and we promise to hire a better photographer this time around. For convenience sake, you might choose a date of a Regular Council Meeting. *COUNCIL MINI-RETREAT I'm still holding out for a Town Council Retreat, even if only for a half-day. There are many important issues and projects facing the village right now that we could attack more effectively, with some additional foresight and strategic planning. I would like to make the last few months of this Council as 05-25-OOMR Page Two productive as possible. We will also be laying some valuable groundwork for the Council that takes office in mid-November. Please let me know what works for you. TIMBERLINE/AT&T LEASE I am continuing to meet with Don Quast and AT&T in an effort to reach agreeable terms for the modification of the Timberline lease. My goal is to bring this before Council at the July 17'" meeting. 2001 BUDGET PROCESS For your information, the 2001 Budget process is officially underway. Staff will be preparing and reviewing budgets through July and August. The Financial Advisory Board will review the budgets at the end of September and Town Council review is scheduled anytime between October 16th and October 26th. Please make a note of those dates and we will lock in more specific dates in late August or early September. SVRA CONFERENCE CENTER PROPOSAL As you probably know the SVRA Board of Directors has authorized the proposed conference center issue to go before a vote of the membership. A 60% vote is required before the proposal can proceed. With an affirmative vote, we can anticipate this project to come before the Planning Commission and Town Council in the near future. Additionally, we will need to establish terms with the SVRA for the use of air rights over Daly Lane. *ENTRYWAY SIGN You may recall that the Second Reading of the Pitkin County Land Use Code Amendment, authorizing government jurisdictional signs, is scheduled for the Commissioners meeting on July 12th. If approved, we will still face multiple hurdles before this project can be realized. We would need approval from CDOT for the new location, a possible approval from the Zoning Board of Adjustment for any variance, and ultimate approval from the County Commissioners. There is potential for design and location modifications by any or all of these groups. Staff suggests several options: (a) we proceed with patience and diligence in hopes of having a sign constructed before the 2001 summer season; (b)we encourage passage of the Land Use Code amendment, regroup, and take another run at this sometime next year; or(c) discontinue our-efforts on the Entryway sign and redirect our funds to another project such as the Community Pool. Please advise how you wish to proceed. Town of Snowmass Village Memo To: Town Council From: Gary Suiter, Town Manager Date: 06/30/00 Re: Assistant to the Town Manager Per Council's request, this is to provide you with some background and current information on the Assistant to the Town Manager(ATM) position. The position was funded in 1998, when Leslie Klusmire was appointed to the job. Since that time, she has performed many important tasks and projects for the Town. Some of the more significant projects include: • Tracking and Reporting on Regional Transportation Issues • Producing Annual Reports • Producing Twice-Monthly Status Reports • Assisting with Comprehensive Plan • Cataloging over 700 conditions of Burnt Mountain/East Village approvals for tracking purposes. • Assisting with Land Use Code Revisions. • Working on TCI, Parcel N, KSNO, Holy Cross, Fire District and other contracts. • Providing support to the Planning Function. In addition, she conducted research on multiple policy issues and projects, too numerous to mention. Her last day is August 1st. For your perusal, I have attached the original Job Description (which has not changed), a current list of tasks and projects for the ATM, and a profile of the position that I developed for this current recruiting process. Right now, we have received about 30 applications and I •Page 1 have interviewed eight candidates. All of the finalists are 'top notch" and extremely qualified for the job. Any of them would be an asset to the Town. The salary range is about$42,000- $55,000, annually. I will not make an offer until I receive an OK from Town Council. Finally, I respectfully request that Council continue the funding of this position. In doing so, I will be able to perform more effectively on Town Council projects by ensuring follow-up, clarifying staff direction, clarifying process and overall, being more proactive with your policy directives and projects. •Page 2 ASSISTANT TO THE TOWN MANAGER Description of Work: Under general supervision of the Town Manager, provides administrative support and assistance to the Town Manager. Performs administrative work involving research of community policy issues and development of policy recommendations. Coordinates special projects and prepares reports for both the town Manager and the Town Council. Assists with development of the Towns administrative policies and budget programs. Investigates citizen complaints. Serves as public information officer. Duties-Examples of Work: Prepares reports for Council agenda items. Conveys Town Council policy direction and staff directives to the appropriate Department or Division and follows up to ensure task completion. Coordinates with department heads supervisors, and support staff in order to effectively track special projects, ensuring they are completed on time and within budgetary constraints. Submits clear and concise reports to the Town Manager and the Town Council. Performs necessary research to assist the Town Manager in analyzing historical data and developing policy recommendations for presentation to the Town council. Areas of study may include regional transportation planning, base area development and community redevelopment. Will work closely with other Town Departments and private sector organizations in order to develop policy recommendations that are consistent with the Town Council's goals and objectives. Will assist the Town Manager with researching internal administrative policy matters on issues such as housing regulations, personnel policies/issues and organizational structure. Responsible for preparing and publishing annual reports and newsletters. Grant writing may be required. Qualifications: Strong analytical, interpersonal and managerial skills required. Ability to sift through large amounts of information and condense into prioritized, relevant issues. Must have superior and proven organizational skills. Must communicate effectively with others and flourish in a team environment. Must possess an ability to produce quality written reports and to verbally present the reports in an understandable manner. Knowledge of municipal governing principles is required. Experience and Training: Any combination of experience and training equivalent to a four-year college degree in Public Administration, Business Management or a directly related field. Masters degree preferred. Three years increasingly responsible experience in local government administration. Administrative experience in a City Manager's office is desirable. Special Requirements: Possession of a valid Colorado driver's license. p:/shares/clerk/manager.xsc/h.r./asst. to tm job descrip ATM TASKS AND PROJECTS Updated 6/21/00 • Council Priority- Pursue funding for Parcel N housing project. Check grants, Pitkin County, State Division of Housing, and internal options (ballot question). • Council Priority—We need to develop information on the Draw Parcel for a future housing project. Coordinate with Joe Coffey. This is a complex project with many variables. See me for details. • Research Mall properties square footages and property values at Assessor's office. Coordinate with EPS for inclusion in time-series cash flow model. • Research market data on value and marketability of parking space leases in resort areas. Provide info to EPS. • Research info on Mall Transit Plaza Community Integration concept (Base Village linkage). Cover the following: competitive environment; vision of the future; resort trends; document existing condition, including photos and retail mix; address opportunities to solve the problems. This will require discussions with Walter. • Research Broadband Service in Snowmass Village and RF Valley. What are resources available? What can TOSV do to get it here? • Finish Annual Report ASAP. • Continue working on LUC Articles IV and V. • Continue attending Transit meetings and report to Gary and Staff committee. • Assist Trudi with Reso. 50, 1999 attachments (S'mass Club Phase 1). • Develop "in-service"' day concept with public schools. See TMM. He has sent a letter to School Dist and received a response. • Research and list all possible taxing ballot issues for this Nov. election. Call Special Districts/Local Governments, etc. Need bullet point report. • Assist Gary with Personnel Evaluation system "tune up". Needs verbiage check and formatting help. • Give me ideas for more positive outreach and PR with the residents. We do a lot of great things that go largely unnoticed. • Work with SRC to close out Wildcat/Richer annexation issues. Coord. with Planning. • Give me ideas for addressing organizational weaknesses identified by staff (attached). • Update TOSV administrative policies. Some older policies are no longer relevant. Need a brief status report. • Review ICMA Manual on Citizen Surveys. Provide me with a recommendation on how we might proceed. ATM PROFILE Who Will This Job Appeal To? • Someone who enjoys multi-tasking. • A person who wants to take on an active role in the community. • Someone who enjoys making public policy more effective. • A person with a "public service" work ethic. • An individual who places a high value on living in a highly desirable area. A person who enjoys working for and interacting with people. • Someone who likes to gather information and write about it. • An individual who welcomes challenge and change. • Someone who likes to do detailed work and can stay focused. An individual who wants to spend a few years with theTown. A generalist who is willing to take risks. Personal Qualities • Patience. • "Can do" attitude. • Team player. • Easily "changes gears". • Leads by example. • Sees the big picture. Business Skills Good time management skills. • Proven organizational skills. • Excellent communicator and relationship builder. • Clear speaker. • Strong customer service orientation. • Develops effective public and community relations. • Creative and effective problem solver. • Follows up and brings closure to projects. • Fosters a friendly, professional work environment. Technical Skills • Strong working knowledge of computers, eq. MS Word, Excel, Publishing • Keyboarding skills. • Research skills. • Knowledge of local government processes. Memorandum TO: Town Council TIIRU: Gary Suiter, Town Manager FROM: Craig Thompson DATE: 07/05/2000 RE: Wildlife Specialist Position At the Tuesday,May 30 Town Council meeting, staff was requested to prepare a memo outlining the duties of and justification for the Wildlife Specialist Position. I have attached two exhibits to this memo. Exhibit A (Wildlife/Environmental Specialist, 1999 Summary of Department Role and Accomplishments) describes the four main functions for this position with highlights of 1999 tasks and accomplishments. Exhibit A also includes specific accomplishments and action as performed by the Wildlife Specialist in 1999. Exhibit B (Goals for 2000) describes the major projects to be completed by the Wildlife Specialist for 2000. This, however, does not encompass all of the duties and responsibilities of the Wildlife Specialist as indicated in Exhibit A. As indicated in the attached exhibits, the Wildlife Specialist performs a very important role in the protection of wildlife in the Brush Creek valley. Specifically, this role includes duties and responsibilities in enforcement, monitoring, development review, and education/public outreach. Of critical importance in the year 2000 and beyond are the following: 1. Monitoring and compliance of the Wildlife Enhancement and Management Plans (WEMPs) for East Village and Snowmass Ski area. a. The Snowmass Land Company (Two Creeks and the Pines) is currently in their final year of WEMP implementation. Final report will be prepared and presented to Council in 2001. b. 2004 is the final year of WEMP implementation for the Aspen Skiing Company(Snowmass Ski Area). Final report will be prepared and presented to Council in 2005. 2. Annual trail closures including the placement of newspaper ads and.press releases in early May and early October. 3. Development review for East Village building permits per Ordinance 9-94. 4. Implementation of the wildlife protection components of the Droste Conservation Easement Agreement. 5. Project oversight for the preparation of the Brush Creek Field Guide. Staff Recommendation: Town Council continues to budget for this position at 20 hours per week and authorize the Community Development Director to recruit and fill the position. EXHIBIT A WILDLIFE/ENVIRONMENTAL SPECIALIST SUMMARY OF DEPARTMENT ROLE AND ACCOMPLISHMENTS 1999 Dawn Keating THE WILDLIFE AND ENVIRONMENTAL PROGRAM HAS FOUR MAIN FUNCTIONS: 1. Implement and evaluate the Town's wildlife management programs. 1999 Highlights: enforced seasonal trail closures in wildlife sensitive areas and urged motorists to avoid Owl Creek Road during elk migration season; assisted in the review and implementation of the Town's new bear protection ordinance, managed fence opening during elk/deer migration;monitored local wildlife populations through field studies. 2. Monitor the implementation of the wildlife mitigation requirements for Burnt Mountain and East Village. 1999 Highlights: worked with the Snowmass Land Company and the Aspen Skiing Company on implementation schedules and annual reports of their wildlife plans, erosion control and wetland mitigation projects. Gave presentation to Aspen Ski Company employees on the Town's wildlife programs and clarified implementation of Burnt Mountain mitigation measures in conjunction with Town-wide review of Ordinance 9—94. 3. Provide comments and recommendations on proposed development applications that have a wildlife component. 1999 Highlights: reviewed and made recommendations on the Wildlife Enhancement and Mitigation Plan for the Seven Star Ranch development proposal. Also, worked on a committee to identify and preserve the wildlife values on the Droste Ranch. Reviewed development applications at Wildcat Ranch, and commented on the Brush Creek Corridor Study and the White River National Forest Plan Update. 4. Assist with the development and implementation of public education programs designed to inform the community about the area's natural resources. 1999 Highlights:Inaugurated the production of afield guide on the Brush Creek watershed, distributed press releases on on-going wildlife management programs, and help organize airplane flights over sensitive elk Habitats for elected officials. Specific Accomplishments and Actions in 1999 Dawn Keating, Wildlife Specialist Development Review • Reviewed and commented on the Seven Star Ranch Wildlife Plan. • Participated in a committee that explored conservation development options for the Droste Ranch. • Strengthened review and compliance of the wildlife goals in Ord. 6—94 for East Village building permits. • Reviewed and commented on compliance by ASC of Ord. 9- 94. • Reviewed development applications at Wildcat Ranch. • Reviewed and helped formulate comments on the White River National Forest Plan Update. • Reviewed and commented on Brush Creek Road Corridor Study. Wildlife Management Activities • Opened and closed fences and trails during wildlife sensitive periods. Monitored movement of wildlife to refine management programs in the Brush Creek area. • Met regularly with DOW and Pitkin County Biologist on various issues. • Established pilot program for deterring traffic off Owl Creek Road during migration. Analyzed traffic counts and reported to Council on project. • Site tours to Seven Star Ranch, Droste Ranch, Wildcat Ranch, Snowmass Mountain and Nature Center location to ascertain impacts to wildlife from proposed developments. • Removed barbed wire fences along some sections of Brush Creek Road. Comprehensive Plan • Drafted chapter on wildlife values for the plan. Researched and reviewed the Plan's wildlife maps. Presented draft reports to the Planning Commission and Council. Land Use Code • Worked with consultant in drafting changes to the wildlife sections of the code. Presented draft changes to the Council. Colorado State University Study • Participated in the supervision and review of a graduate student's study on impacts to wildlife from home size and density. Wildlife Enhancement and Management Plans • Scheduled and reviewed the annual reports from the ASC and SLC on implementation of their WEMP'S. Presented finding to the Council. Committees/Conferences Represented the Town on the Aspen Skiing Company's Citizen Advisory Committee and Transportation Linkage Work Group. • Attended conferences on Restoration Ecology,Environmental Protection & Growth Management in the West and The Colorado Wildlife Society's annual meeting. • Networked with various environmental groups such as the Sierra Club, Aspen Wilderness Workshop, Colorado Mountain Club and Colorado Environmental Coalition on local environmental issues. • Participated in multi-agency committee on bear management strategies. • Participated in valley-wide committee on the impacts to the environment from magnesium chloride. Public Outreach and Environmental Education • Coordinated the design,writing and distribution of newspaper ads and posters on seasonal trail closures. • Produced press releases and interviews for local media on TOSV's wildlife management efforts. • Gave presentations to ASC employees on TOSV's wildlife management efforts. • Organized Community Meetings on new bear ordinance and gave presentations to property managers and neighborhood groups. • Organized airplane flights for decision-makers in the fall to look at the elk migration corridor and opportunities for conservation. • Coordinated the repair of the Yarrow Park interpretive sign, and the installation of the interpretive sign at Elk Camp. • Participated in the drafting and review of a brochure for the Snowmass Nature Center. EXHIBIT B coals for 2000 Dawn Keating, Wildlife Specialist Description 1. Increase monitoring and compliance of the Wildlife Enhancement and Management Plans that the Town has approved. Increase Council's awareness of the Wildlife Plans. Plans for Accomplishing—Increase presence in the field through the hiring and supervising of a temporary seasonal employee. Give presentation on the East Village Wildlife Plan to the Two Creeks/Pines Homeowners. Give a presentation to the Council on the Plans prior to the annual reports. 2. Implement the wildlife protection components of the Droste Conservation Easement Agreement. Plans for Accomplishing—Review agreement and design implementation priorities and schedule. 3. Participate in the production of a Brush Creek Field Guide. Plans for Accomplishing—Finalize the funding of the guide and oversee the supervision of the contract with the author. 4. Increase public outreach on the Town's wildlife programs. Plans for accomplishing—design,produce and distribute a brochure on the Town's wildlife programs. Design and install a display at the Town's information booth on the Town's wildlife programs 5. Participate in the final year of the CSU Study. Plans for Accomplishing—In conjunction with Pitkin County and the City of Aspen, supervise the graduate student's third year of data gathering and analysis. Schedule report to Council on 1999 field studies. 6. Streamline review of development applications that have a wildlife/environmental component in order to enhance consistency. Plans for Accomplishing—Research the feasibility of development matrix. SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 05-30-2000 COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Kevin Costello, Jack Hatfield, Douglas Mercatoris, Mark Brady COUNCIL MEMBERS ABSENT: All members were present. STAFF PRESENT: Gary Suiter, Town Manager; Chris Conrad, Planning Director; Dave Peckler, Transportation Manager; Hunt Walker, Public Works Director; Leslie Klusmire, Assistant to the Town Manager; Steve Connor, Town Attorney; Rebecca Harlowe, Secretary/Records Clerk; Donna J. Garcia, Secretary/Town Clerk PLANNING COMMISSION PRESENT: James Rifkin, Bob Gaudin, Bob Purvis, Doug Faurer, George Huggins PUBLIC PRESENT: Chris Kiley, Madeleine Osberger, Sarah Chung, Doug Mackenzie, Joey Woltermath, Dan Baharav, Geri Wright, Victor Gerdin, Jim Wells, John Sarpa, David Myler, Richard Shaw, Jim Horowitz, Joe Kracum, and other members of the public interested in today's Agenda items. The Work Session began at 2:00 p.m. ASPEN SKIING COMPANY ANNUAL WILDLIFE REPORT Dawn Keating explained that the Annual Wildlife Reports from the Aspen Skiing Company (ASC) and the Snowmass Land Company (SLC) are requirements of the Snowmass Ski Area Master Plan and the Final PUD approval for the Two Creeks/The Pines, respectively. Both entities were required to create a Wildlife Enhancement and Management Plan (WEMP) and provide the Town with an annual Wildlife Report. Keating further explained that Dr. Dan Baharav, Wildlife Specialist, oversees the wildlife monitoring component of both Plans and has authored both Reports. In response to an inquiry from Hatfield, Baharav explained that impact on wildlife from development would become apparent within a few more years. Doug Mackenzie, of ASC, provided a list of 2000 summer mountain activities for Snowmass Village and explained that ASC has no current plans to add storage for snowmaking, although they do intend to extend a couple of the snowmaking capabilities 04-17-00ws Page 2 into critical areas in the near future. Mercatoris requested that Council support ASC's application to the Forest Service to provide a Zipline Summer activity on the mountain. SNOWMASS LAND COMPANY ANNUAL WILDLIFE REPORT Dawn Keating, Wildlife Official, stated that this is the final year that SLC is required to monitor wildlife at Two Creeks. SLC will provide a final report to Council in the year 2001, which will include all data derived from previous years' monitoring. Keating recommended that the Town take the responsibility of monitoring the wildlife in this area until buildout is complete. OWL CREEK DEVELOPMENT - PRE-SKETCH PLAN Richard Shaw of Design Workshop provided an overview of a comprehensive plan proposed for development of 9 parcels of land currently owned by SLC. The proposal included townhome development and a community benefit package. Shaw explained that at the time of Two Creeks PUD approval, land was designated for future development of 3 additional holes of golf. At that time, it was suggested that three holes of golf could also be constructed across Owl Creek Road on Snowmass Club land. Since that time the SLC land at Two Creeks, which was set aside for golf reservation, has been compromised by roads and other construction, causing a narrowing of the parcel and making it inappropriate for golf. Shaw explained that golf course construction professionals have investigated and determined that a parcel of land owned by SLC on the Horse Ranch side of Brush Creek Road including the adjoining "school site" owned by the Town, could accommodate the entire additional 9 holes of golf if the deed restriction on the land were lifted. Shaw then proposed construction of an exhibition site, studio space and staff housing for Anderson Ranch on the golf reservation site at Two Creeks. The water rights would be deeded to the Town. He also proposed a plan which would require an amendment to the East Village PUD for Phase IV construction of sixteen townhomes, similar to the Owl Creek Townhomes, to be centrally located on the parcel and accessible from the existing road. SLC would grant the land, as deed restricted, and $1.2M for construction of the Anderson Ranch facility. The Two Creeks PUD approval documents stipulate that the land is to be reserved for golf or designated as open space. Sarpa reported that he met with neighboring Homeowners Association Boards to inform them of this proposal. Jim Rifkin, Vice President of the Two Creeks Homeowner's Association shared that the homeowners stated concern regarding visual impact and the loss of open space, although stated their support of Anderson Ranch and were in favor of SLC unconditionally gifting the land and $1.2 million to Anderson Ranch. Council and Planning Commission Members stated their concern that the community benefit offered by the applicant was insufficient in relation to the potential impacts of the project. Mayor Manchester requested that the Planning Commission further review this 04-17-00ws Page 3 proposal in relation to the plans for construction of Snowmass Club Phase II. The group discussed loss of open space, impact to neighboring homeowners and community benefits. Council requested that the applicant work closely with the neighborhood communities during planning of this development and take their comments into consideration. PROPOSED AMENDMENT TO PERMITTED LAND USES - KRABLOONIK - PRE-SKETCH PLAN DISCUSSION David Myler, representing Krabloonik, explained that the applicant would like to revise the current uses for Lot 45 to allow residential uses as an alternative. He further explained that the property is currently zoned MU-PUD and under the terms of the Town Code, single family dwellings are an allowed use within said zone district as well as the continuation of the restaurant/dog kennel operation. Myler outlined the proposal, which included an additional 1700 square feet expansion to the current facility the bulk of which would be an apartment and to expand the size of the bunkhouse to accommodate housing for additional employees. He stated that the Divide Homeowners are in favor of this proposal. Council and the Planning Commission Members expressed their concern for future loss of the restaurant and dog sledding activities by allowing residential use of the property, although were in favor of expansion and renovation of the restaurant. Council requested that staff research employee housing mitigation as it relates to this proposal. Council stated that if the applicant chooses to submit an application, it should be considered as a Minor PUD amendment. MALL TRANSIT PLAZA DISCUSSION Joe Kracum explained that a more complete and detailed presentation would be provided at the June 1, 2000 Mall Transit Plaza Partnership Meeting. Updated architectural information will be presented at that meeting. A topography map will be delivered on June 2. Geology information will be provided by the end of the week. Only a minimal amount of bedrock would need to be excavated. The water table only appears in the lower part of the excavations: Kracum reported that to contract for constructing all components of the project at the same time would be most economical. Kracum estimated the overall construction costs to be $14M for the entire project, which includes contingencies but does not include engineering costs or a public information campaign. Construction will be completed over a two-year period. The Work Session ended at 4:28 p.m. Submitted by: Donna J. Garcia, Secretary/Town Clerk's Office SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 06-05-2000 COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester; Kevin Costello; Jack Hatfield; Douglas Mercatoris COUNCIL MEMBERS ABSENT: Mark Brady was absent. STAFF PRESENT: Gary Suiter, Town Manager; Marianne Rakowski, Finance Director; Hunt Walker, Director of Public Works; Dave Peckler, Transit Manager; Art Smythe, Chief of Police; Steve Connor, Town Attorney; Craig Thompson, Community Development Director; Rebecca Harlowe, Secretary/Records Clerk. PUBLIC PRESENT: Madeleine Osberger, Sarah Chung, Joe Kracum; Doug Mackenzie, Ben Dodge, Terry Hunt, Ben Wood, Chris Kiley, Martin Mate, David Burden and other members of the public interested in today's Agenda items. The Work Session began at 2:16 p.m. BUDGET UPDATE The Finance Director, reviewed a summary of the 1999 year-end figures and the budget revisions for the 2000 General Fund. The 2000 General Fund budgeted revenues were reduced by $352,061, while expenditures were reduced y $189,959. The 1999 General Fund year-end carryover (fund balance) increased by $263,879 from the revised budget. Of the $263,879; $162,102 was used to help balance the 2000 budget; $19,462 was allocated to the Open Space Reserve and the balance of$76,003 was allocated to the Funds Available line. The $30,000 rodeo contribution will come from the $284,830 balance in the 2000 Funds Available line, thereby reducing Funds Available to $254,830. Staff is prepared to operate under the 2000 revised budget. SNOWCAT PURCHASE RECOMMENDATION Nordic Coordinator, Ben Dodge summarized staff's request for Council approval of the appropriation of$34,000 for the purchase of a Nordic Snowcat in 2000. Replacement of the current vehicle was scheduled for the year 2000. The Finance Director recommended spreading the payments over 2 years i.e., allocating half the funds from the 2001 budget and deferring the other half to the 2002 budget. 2000 — 2001 PARKING REGULATIONS AND PARKING PLAN DISCUSSION 06-05-00ws Page 2 The Transit Manager explained current regulations and recommended as few changes as possible. He also reviewed parking distribution, revenue and joint management components with Aspen Skiing Company. Staff suggested raising the price of the Employee Permit from $30.00 to $35.00 and the Employee Transferable Permit from $50.00 to $60.00 and the Guest Permit from $10.00 to $15.00 per week. Peckler also reviewed the details of the Parking Plan Agreement for Winter 2000/2001. In response to an inquiry from the Mayor, he noted that revenues from the Rodeo Lot had been static or declining. Council, staff and members of the Public discussed the possibility of charging a fee during the 120-day season. Doug Mackenzie, of the Aspen Skiing Company (ASC), and Peckler suggested that charging at the Rodeo lot could generate negative consequences such as causing the upper lots to fill up more quickly, increasing traffic between the Rodeo and upper lots and provoking a negative response from the Public. Mackenzie also noted that ASC is considering ways to provide shuttle service to the Rodeo Lot from down valley with a possible voucher system for lodges or purchasers of certain lodge/ticket package options. A straw vote was taken. Council voted unanimously to raise the Guest Permit to $15.00 for seven days, but not to raise the price of either the Employee or the Employee Transferable Permit. Peckler and Mackenzie also brought up the issue of free parking versus pay parking at Two Creeks. Peckler commented that the idea of free parking was worthy of consideration since it offered a potential savings to RFTA and the Town of Snowmass Village as well as to down-valley skiers. Mackenzie argued in favor of keeping the Two Creeks parking lot free and requested a definite answer before September 1 st. Hatfield asserted that in the interest of creating auto disincentives the Two Creeks lot should not be free. Ben Wood suggested a more radical solution. Council entertained several options and tabled the issue for further consideration. MALL TRANSIT PLAZA DISCUSSION Dick Bauman, Joe Kracum, of MK Centennial, and Ben Wood, of Benjamin-Thompson and Associates, reviewed changes to overall plans. Kracum summarized current options from the planners' perspective. He advised Council and staff to find more funding sources and suggested the lease or sale of parking spaces or solicitation of private donations. Ben Wood reintroduced the concept of a more radical transportation solution that would both attract tourists and satisfy the needs of the local population. Council, staff and members of the Public discussed other options. The Transportation Manager pointed out that staff, Council and members of the Community have become desensitized to the successes of our transportation system and stated that, in his opinion, the needs of the Community would be better served by expanding the current system rather than replacing it. Council then returned to the Mall Transit Plaza plans as they currently exist. Terry Hunt, of the Snowmass Village Resort Association, expressed a preference for a transit plaza in the upper lots. Mayor Manchester suggested building fewer spaces and enhancing the currently existing Dial-a-Ride service. The Town Manager commented that Economic and Planning Systems consultant, Walter Kieser, could do a financial analysis within 30 days. 06-05-00ws Page 3 The Work Session ended at 5:22 p.m. Submitted by: Rebecca Harlowe Secretary/Records Clerk SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 06-08-2000 COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester; Kevin Costello; Jack Hatfield; Douglas Mercatoris; Mark Brady COUNCIL MEMBERS ABSENT: All members were present. STAFF PRESENT: Gary Suiter, Town Manager; Dave Peckler, Transportation Manager, Stephen Connor, Town Attorney, Hunt Walker, Public Works Director, Craig Thompson, Community Development Director, Chris Conrad, Planning Director; Rebecca Harlowe, Secretary/Records Clerk PUBLIC PRESENT: Chris Kiley and Bill Kane The Work Session began at 9:16 a.m. RURAL TRANSPORTATION AUTHORITY DISCUSSION Mayor Manchester reviewed the Rural Transportation Authority (RTA) Draft Proposal presented as an outline of a conceptual Intergovernmental Agreement (IGA) between the eight jurisdictions involved. The timeframe requires two public hearings to be held by each jurisdiction, followed by certification of ballot language prior to September 13, 2000. Council discussed the proposed budget and functions of the RTA, service costs and potential funding sources, RTA Sales Tax proposals in each of the eight jurisdictions, planning for completion of the Corridor Investment Study (CIS) and continued transportation planning. Council also discussed methods to sustain and expand local transit service, reorganization of existing regional transit entities and providing equal or increased regional transit services. Manchester explained that Rifle is currently included in the Glenwood Springs service. Mercatoris stated that RTA plans intentionally exclude a possible rail component to avoid controversy. Manchester and Walker explained that at this stage of the planning process, funding for trails would be a part of the Roaring Fork Railroad Holding Authority (RFRHA), which would be absorbed by the RTA in the future. Council discussed varying percentages of sales tax contributions, 15-minute headways, Rifle to Aspen express service, funding necessary to maintain the service level in Snowmass Village and a means to raise and allocate necessary funds without raising taxes. A Public Hearing addressing RTA concerns will be tentatively scheduled for July 10, 2000. 06-08-00ws Page 2 DISCUSSION —ARTICLE IV AND V. SNOWMASS VILLAGE LAND USE CODE Craig Thompson provided an overview of Article IV issues to be considered by Council which included changes recommended by staff concerning wildlife fencing, parking, existing vegetation, redevelopment and housing mitigation. Council reviewed the issues and provided direction to staff. Council directed staff to research the Town's Sign Code and provide recommended language to address sandwich boards. The Town Manager summarized changes to the Housing Mitigation section of the Code and recommended that Council require 60% mitigation. The recommendation was based on mitigation requirements set by Pitkin County for the Hines/Highlands project, the Aspen Area Community Plan and the assumption that 40% of Snowmass Village employees prefer to live down valley. Hatfield suggested that Council require more than 60% mitigation and allow for flexibility in extenuating circumstances. Bill Kane from the Aspen Skiing Company (ASC) stated his preference of the Independent Calculation option with subsequent verification of job generation. After further review and discussion, Council provided direction to staff for revisions to the Housing Mitigation section of the Land Use Code. Council will review the section addressing methods of compliance at a later date. The Town Attorney informed Council that the section entitled Restricted Housing Credits was no longer applicable and will be deleted from the Code. The Work Session ended at 12:10 p.m. Submitted by: Rebecca Harlowe Secretary/Records Clerk ]e se Note: Status Report updates in LesJi�'s Box by Status Report . July 19, 2000 at 5 P.M.!!!!! Bullets in Italics have been previously listed State of the Town July 10, 2000 Town Council/ Town Manager Mall Transit Plaza; " 0 Walter Kicsei collecting data from staff to'i"un'cas Gary Suiter, Town Manager, flow=model'. ■ MKC proceeding w/design&cost estitnates.of parking structures' ■ Staff researching market value of parking space leases. ■ EOTC presentation scheduled for July 0"meeting, Entryway Planning Project ■ Presentation is scheduled for July 17t' meeting. Gary Suiter, Town Manager Town Manager's Office Activitie". ■ Deed on6 day Council retreat for strategic planning: Gary Suiter E Proceeding w/Itodeo appraisal Town Attorney Town Attorney General Activitles Steve Connor,,Town Attorney: 1 Public Works Status Activi—tylStaff Manager rus ree raps orn ■ tna ra �s outr as een stn ute, to or Hunt Walker and Jack Hatfield and staff. Last call for comments. Road Fund Bid deadline is 7/15/2000. Hunt Walker Transportation ■ Will present to Council recommendations on free David Peckler ` parking option @ Two Creeks during,winten ■ Set passenger record in one day; 8,489 for Suzuki" Music Institute,Free Concert,regular service. Wood Run Dumpster In process of scheduling meeting wi4bWoodnrn 5 Hunt Walker representatives to look at upper site. Housing Activjt�V/Staff Manager Status ousmg epartment T rctrv'j tes ■x, ere are no units current y or sa = ki Joe Coffey M"":- Opusm staff rs prepanng the Creekside l�wldin § Ifor xepaitltmg,k . E" 0 Hayes Brothers Painting Comp;ui lbegan painting Creekside on,June 13th. The original pplor,selected- is too light and not covering properl ,jso a darker: " color has been substituted, The buildings afire" receiving two coats of solid"latek stair#." t'b application of this product will preserve the siding longer than a typical oil stain application ', ■ . 'The Housing staff completed the construction of the housing office conference table. ■: The Housing Resident Handbook is now,finished" and has been distributed to all the apartments. ' Parcel N. Employee Housing ■ Scott and Joe met to discuss the Draw Parcel on Joe Coffey July 5`h. ■ Contractor interviews were held on June 2nd and Norris and Associates was selected for Phase 1 of the construction planning process for Parcel "N". • Scott Smith, Joe Coffey and Paul Broome of Norris and associates have begun Parcel"N" construction planning meetings. • July 19`h is the first Planning Commission meeting for Parcel "N"review. 2 Finance Activity/Staff Manager Status Fidauce and.Personnel Actrv,t►es t ■ osmg une roan ,a statemen a s x Marian„eRakaYvskl � t � ■,'AdVerttsmg for 1 pos,�tott�,�n:=,5�,�. �s ;,�� � � r , �„ . Y ■� fired Brand,Van Dyke asinarc #ecmerat s s J,orkmg on financing opt�onS Y o ' r e,, �• ¢ ■ Began 29Q budget process w ,.a Web Page Enhancement ■ Completed prelimnazyin ion for ' e age. Nick Tucker ■ Nick to continue to work with Departments for upgrades and improvements to the Web site. Town Clerk Activity/Staff Manager Status Town Clerk's.Oftice Actrv,t,es ■ Worn w/f]AB to revise ord, ct Trudi Worl,neM = rIK L`rbssl,ecktn all 94�r7otltnrt v 4 compzt�r filet Rl cnuitcilp[Ickt rt Tra1 newr`ontdesksecr`p} rsi 'ark RevsI 6n al r I&O's { s 3 e i �tk �Er ec,a event error s traits o t-�, t` 'A'r "#C` J€ib€'� t ,y , bwnersIn new 4tcen a cen,a e� an� quo = {J H��h'{ ..x'Yr" !'�4 ij1' Sl 44'9 Y2 5 t ` #9 #` , ' [3pdah 12E file � t #iUP • r � € �r�ihng k`Ca�l,t�p Arhst�;'�olr lie � t ,E�� ��r ■ , ontmumg enforcement and edtua a t�un"oti ,, r� wilc�lxfb regnlat,or}s-� y �t Police Activity/Staff Manager Status— Police Dep art inentAct,v,t�e �' ■ etvrt azz spen nowmas rn 'Lr 7x,#.. p: pdEap' 3�n*..'r "4ui' '"' �' +J+. �3'3E:•.;?i+'w rr{" . ty e,a. Art S l rl,e,Pot,ce teJ� , ' r Jtttye eVbn and pl of abbr k "" aH.1 Havebeen coord,natmg educat,a anc en xrfi '� r•,a a#^€,r'sf.. s} a 4[ 'N'as. i"x x ar, '" regarding fire ban with Aire pepaatne s 3 Community Development Department T rrector ■, tten a _ ras committee meetin g onommunty v opmen Activities ■ Hired ; Rhonda Coxon as landscape,planning and ,Craig Thompson wildlife secretary starting date 6/26. ■ ;Looked at alternative entryway sign locations at Brush Creek/82. BOCC will consider.2nd reading of sign code amendment on 7/12. Environmental and Wildlife Activities Act-1vity/Staff Manager Status r uT-cruirf wrMINru e ■ ontract.comp ete . ro�ect time zne une toe T.B.A. June 2002.- Snowmass Nature Center SNC Board meeting mid-June to begin searching 7 T.B.A. analyzing other sites. Community Enhancement Projects rt or nterpretrve_ rgn— or;,,, ■, ,rna esr�n as een acce to or.t a may y traz Brush Creek =;`installation will,occur in 6 weeks: . ,. Bernadette Barthelenghi Brush Creek ■ Corp of Engineers has issued a permit to the Town. Bernadette Barthelenghi ■ Pre-construction meeting will be held 7/5 to discuss start date. Picnic Shelter ■ Gazebo w/cedar,shake roofing has been ordered. Bernadette Barthelenghi ■;,Staff has requested revised estimates.for amenities. 4 Plans & Policy Development A�ctCvItyIS`t­aff_AIanager Status or a e ousmg =-figation, ■. ice ousmg mrt�gaUon presente u y „ . Joe Coffey Brush Creek/Benedict Trail Began field survey June 30`x'. Environmental Foundation Grant.; is, Grant denied., Bernadette Barthelengfil GOCO Grant ■ Steve Connor drafting easement. Dean Stahman ■ GOCO grant denied. Greenway Master Plan: ■ Draft has been submitted to Town. Bernadette Barthelenghi ■ Input from Council expected at 7/17 workshop, i Staff to conduct a,public meeting later this month= Land Use Code Amendments ■ Planning Commission commented on Article IV on Chris Conrad 5/17. Second reading at Council 7/10. Trails Planning ■,,Vrllage Bound Trail construction carnplete June 23. Bernadette Barthelengh" ,_ ■. Sign program to be installed this summerlfalL '. . ■ ',Newditch,trai construction will happen July. ■ Guber/Owl Creek Trail; Attomey and L A. met with Peter Gub'Wi people. Second proposalwas rejected and we are waiting for approval on;the 3"t option: Watershed Management Plan ■ Data will be compiled and presented to Town Staff Bernadette Barthelenghi over the next few weeks by engineering firm. ■ Engineering firm mapping watershed data. Major Development Review Update Project / Manager Update e �m ers at nowmass ■ ezMiTT r mane rea in I. Chris Conrad ■ Construction anticipated to commence August. Seven * Ranch ■ ' Extension granted to August 219`, Gary Suiter/Steve Connor ;'' + Snowmass Club Phase II Sketch �; 4rigma1 apphcarion wrthrlran dune 12, , Plan Amended sketch n'Ian subtnrtted June 2a x` . .� .` Chris Conrad ' o hearing dates sclreduled yet 5 Alinor Development Review Update amarac mor ■ mor a Mon to create new oil lice space an Chris Conrad improve pool locker rooms.I Pre-application conference occurred. Application to be submitted shortly. Administration Modification, SUP, TUP, Variance 7 m�mstratwe o i nations ■ = nowmass ater amtation tstnct , mp oyes blousing;Governmental SPA. ■ Lot 17,Pines. ■ Lot IS,Two Creeks, Special Review ■ Public Works Operation Facility Expansion. Variances Lot 48, Mellott;1=;PC 715, ii Lot 7, Woodrun II;=PC 6/27 to 7J7A i ot,15,lines PC 715. �,- Lot 41,Morse�ianeh reconsideration. Enforcement Update t ontro m mg; omp lance ■! am.en trstrea rng cntative , Dave Ellis Brush Creek Offices n Draft an agreement to resolve the land use disputes Chris Conrad between Brush Creek Ones and Woodbridge Homeowners. Research ■ Determine zoning status of Cafe Inc. cart on mall. Chris Conrad ■ Determine Zoning status ofpopeorn wagon and service area on mall. ■ Determine outstanding PUD's &Building Permit matters regarding Snowmass Chapel. Letter to Chapel Board July 6. 6 Pending Update Project i e rte 1m er me ■ pprove une Maintenance Building ■ Amended lease required, Town-owned land. Chris Conrad ■ Building permit application submitted. ■ May be authorized for"at risk"permit. Netbeam Wireless • Discussions regarding placing antennae atop Chris Conrad Snowmass Center for wireless phone and internet connections. ■ Need diagram showing location. ■ Process as minor SPA amendment. Snowmass Real Estate Expansion ■ No application received at this time. Chris Conrad ■ Applicant preparing to submit interim SPA administrative modification application. Snowmass Water& Sanitation ■ Possible rO*zoning of all Water&Sanitation Chris Conrad parcels to PUB=Public along wlposs0el employ" liousingprojeot... a, Preliminary discussions occurred=N6 complete application received at this'time. , Timberline Meeting Room & Pool ■ Below grade facility adjacent to pool. Facilities Building ■ Approved May 30. Chris Conrad ■ Under construction. Project Update Coordination-Gary Suiter 923-3777 ext. 206 Public Works-Hunt Walker 923-5110 Housing-Joe Coffey 923-2360 Community Development—Thompson/Conrad/Barthelenghi/Ellis/Stahman/Gaunt/Coxon 923-5524 Town Clerk -Trudi Worline 923-3777 Finance-Marianne Rakowski 923-3796 Police Chief-Art Smythe 923-5330 7 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 July 2000 2 3 4 5 6 7 8 9 10 11 12 13 14 15 T.C.Mtg. 2:00 16 17 18 19 20 21 22 -T.C.Mtg. -EOTC Mtg. 2:00 4:00 in Aspen 23 24 25 26 27 28 29 -T.C. Mtg. 2:00 30 31 LE OE 6Z 9Z LZ oo:Z olW'0'1- 92 SZ VZ EZ ZZ LZ oz exel pueJE) oo:Z 'Blur 1svo- 's'M- 6L 8L LL % 9L t4 EL oo Z An'0'1- ZL LL M 6 9 L 9 5 b £ Z L 000z isnbnv Aepin;eg ipaM (epsanl Aepuoyj Aepung a emxaa+uer s• v a eevxavn urr a' v _ 1 BEVRO DRtnI+I BEDROOM I 114 x n vx a+ MemROOM - - BEDROOM nxn nxn t� o s DECK DEOK D Iro%• II'-1xb S:aK .aw.. _. waar aeon nNi o KITGFEN KITGM LIVING ROOl9 LMN6 ROOM Dxn Yxw DECK PECK II m MYxp .. xovr eson xvu esa+ MEL: BA EEDROOM I LMN6 ROOM axu nxav MASTER BEEVROOM v exx DINING BEDROOM 3 BA wtixa 5TORAbE GLO. STORAGE Iu Y�x yFln 6ARA&E 6ARA6E uxas uxa+ vox ireaum ___ I r____� I I I I I I I I I I I I I I I OIIDPGbw MW WI D' Ir s I>mncaa unr•c' �PRGLIM. Q PLAN aos rw, ..n oulx n,ur. cocm, m .uw r/s•.r•-w PG!@. PIOI-1rr MrOiIQ 0r .OY. UPPER LEVEL PLAN 3 scar,w•.Iw• ...r - <— DINING EGDIPOOH I BEDROOM 1 b%b i(AQ1 L •Xb OO a of 0 OATH mxi° TER UXK DECK DECK 2 � MIDDLE LEVEL PLAN =.ecn I m eacrl �,w•.ra • RENOaSMITH ...r.re.e T.. w LIVING ROOD I ATI ue N%z nxu MASTER n0 BOOM MfM 41611 6u 1DY0o e x n DINING I.TU)..s-..es ra O 1110)MO-6YN 7 IPr' .__ I �EDROOIA] nr aam®.11a.IT 101 NY%b .• •...CYI.OW00 oral r cL STORAGE In0)m-Nw s x ..n1D.m°mirs..m °_AGE bA�t 24 IM1I.1lPCR N1T1 I � I LOWER LEVEL PLAN ' 2 scxe,w•.ra ' - s.mrooN nnl Art n• �,• BUILDING #2 _L__. ]DSRP:Y�Wr O' L ]XutooH U1r O' L_ 0 E611O011:: ® O .ew BEDROOMI DEDR40MI x exn vwXn ' vx vH � v o oxx� MISTER - MA6TB2 vx r- ueED%R¢DM _ _ eEPROOM DECK DECK MA6 IM%• Ir7x• x o C+C- ex TO I Dn IN x I u T K I �• a IN x I Nu G p I A L r K- rIT-C-- : LWIb ROOM LIVIb N6 KIGN- �G D - -- ROQ1 e%M a%N D, IA V Lr::-' ROC. Dti x DECK DECK Is+xn vN rrrtxn ox Iccl eaa� vovl eswr u x BATH . :,. BEDROOM I KITCMEN uxo DININ6 _________ I L \ ' I \ I \ / - X LIVING MASTER nxe L BeDROOM / \ e'.exu i 5TOR. W F bARl�bE -6M2PbE- C ux]� ux]� ' I( M1ara�aril M'R¢uvr) OAR 1 I I I I I I I I ' I L__ ]tIDIrOLTI�IMf'A' L ]C®POCN_ 7 L DD6DG04IIM�'A' L ]0611POM lNT:G' �_ MY010M p PRELIM, pPw� p JOB x0+ 09211 DRAW":Y. DAT! o/o/oo �II Q cCA1111 m n x n 0 M I ./s•I-All rDa m. eux-A.. w.rceerm ou D.Jo �g6ATH J� wx7" oenr+oow a sxD UPPER LEVEL PLAN I B[9I A ^ -1r nxn Efl V nil 'KITOIOI IDe1 x KITOJCN o�I fII I• I 7 DINtt* ox O LIVINd ROOM Q / LMNS None IDxM tMIDDLE LEVEL PLAN / 2 DcAat.w•.I'a `' ____________ RENO•SMITH ! I ♦♦ ; I w I ♦♦ i � 1 ♦♦ i i 110 DIDr IITWx I Km \ / IJPQI. 00V I z auu GRA�ti 5" GLO (no)ns-ease I � \ rut ID1D).JD-DMJ )6AP,A�E, BEDFOOMI m0xn nIDADJLi CO�D.DO san.(no)m-esJa b'+0)on-esoo LEVEL PLAN 1 --- zA�D w•.I.O D_!!_oPLYM 4DT'A' L ]DGOCM U!i t' xw � - � - BUILDING g3 1 Ra BATH loot sear KITCHEN DINING EEDIiDOM 1 --- L r lar -� I DINING DINING q x u �TO� KTOy4 a u J L II'1 MASTER -- -- Ir•-`- MhxY L BEDROOM p4%n 41, . 2 LMNS ROOM LMNS ROOM ddd rxn Nxw MA5 T/1 w v nr -bFR7.sE- -6,98sE + 4. vecK DECK x� � -uvxa R I xa h I I I I I I I I MAIN LEVEL (BLDG. #3) LOWER LEVEL (2140 FLR BLD65. 2 d 5) I; LNIItl YACi.OOO lr I Yrt 2 BEDROOM (HG) TYPE 'A' (I UNIT) 2 BEDROOM 2 LEVEL i F, ----------;, I I � ♦\ i j uxa \ / 1 LIVING 1 ♦ / I e M• !R x KITOHEN . - l- _ / ♦ r y // ♦♦♦ � DINING . 9TORAbE LIMNS BATH >( O ROOM --- e4x= MA$TER STORA4, .. . . nBEDROOM xu w GARAGE.2 ux I r __, bmxR I I I n%a r---- ' I 1 I I I LOWER LEVEL FIR5T FLOOR 5EGOND FLOOR U - rnaw.re w.re LNYY•lKi.b'l LNW YIGG.090•J LMW YKL.OW Y MAIN I_; 5 BEDROOM TYPE WO UNIT5 TOTAL) "`°"•'"°' .t.nw rice.n.w x, ..nxn*awe.ea9 ei 3 BEDP pPWd p � Me w. esn DPLK 6Y.1r IY:IY eOTL 06/!1/00 C®l7® 69 V b/Jln BtlLI 1/6'•I•-0' KITGEN 001 @ PWr-111 I BEDROOM I 00ITaICelO a Oq 0 E Wyx I Irv.%tl ox r EI OAN6 ROOM MASTER N x m DEOROOM BEDROQI nxn n% M O o DECK STORAGE I DECK FIRST FLOOR SECOND FLOOR yV YN.W•FO KM.W.14' �J V LMW MKr•M6 K LI'AY 6PILt:•KV M /1 fy wS eR LEV_ EL (3RD FLR) m •aM le�••11%11 W - -" rlvlwrws.swriwr 2 BEDROOM TYPE 'C' (2 UNIT5 TOTAL) -E 'B' (4 UNIT5 TOTAL) r,orva uvsu vree•eoe r) ( �/ f�4 _�d_-O• law fOb• aco• l x-T• w:e• I I I TN JI I I p TM D 0 BM®AeSRxTDEn O _ w%�OM � �2 nxn mw KI L RE..N.6O uw 1Sa a 9. MY6YYtI1. T. H BATH DROOM 2 LVNG ROOM MY%w M%N TER 110 Will W1 tl%14 A.9PQ!•.OMM.60 570RA6E t euu dK (m)w-esas %S DECK Dx (m)wn-6rn O h [ DECK GARAGE C Sll 60V1e01 A".tl%]I K 101 V Ysua.COLORADO ___ Wol.r�oa uoD alai r----n xrorsear IecD'eear (m)m-sear au 1 1 (m)m-sew 1 I • I 1 MAIN LEVEL slre (040 FLOOR, wm LLaom aMwh.oemlLLeem -L (I5T FLOOR BUILDING #2) 3 BEDROOM TYPE V0 UNIT TOTAL) ,M (HG) TYPE 'B' (2 UNIT5 TOTAL) � xu wIS x) A2.4 UNIT PLANS i i I I' 2°O LEVpL - i . 2 Arc 'd I 99R'A I .4mA El i m i , I I Q 21D LEYFL NORTH EAST ELEVATION TYP.EXTERIOR MATERIALS POOP WOOD-SkUNOLEi.. METAL PANELS SS)INO ER.S70NE STUCC - 0 STUCCO ' BOARD ANp.SATTEN(8"OC) ACCENTS(ROUON SAWN.WOOD FASCIAS,TRUSSES,POSTS !oi RO- OY%N iriA NTC 0/10/60W pID;.E w mr9vm S) w 1fA eL +IA 71JI 2"°LCVpI.- - . I orrmn II.1 111 [111 11 IK LCTL P I� I NORTH WEST ELEVATION. j .C�7 SCALE- tlS`.TwO* ED M O — — RENO-SMITI SOUTH EAST ELEVATION ""ili' 910 6191 EYNW R 909 A9P1N, CO1091D0 91911 W.)990-9999 m m \ 971 e0VI915IDi 1rL N 101 B.19/J.i,COIOIYW U091 ® ® ITT (%0)9z1-aua r12 In9)9zY-9ao memlmeem nw "DAVIS Lu I xrte....°o®Iw.eom SOUTH WEST ELEVATION BUILDING 1 I .. v :IK 6eyE I- _ E Ell Pl� I NORTH EAST ELEVATION YL5510H Q./00/moo 0 00.MO.: FT- DPAM BY:ba D114 0/10/M00 CMITDDY b WRCCR® W IM o �l ❑ - i amnmin - - 2DR 'D' BUILDING 'C' ; s WEST ELEVATION sc[Le ve-� 'V PTR O � x SOUTH EAST ELEVATION RENO-SMIT. ...=.17.=7.. ,u LLe. 210 Gef HYWH M.O. A V.COIA.ADO Bleu Ine) 'M-5m r.x - (.TO)oxs-saes ® 071 MV1 'mi AM K 101 BA7N.T.etlL0e100 816*1 (070)ov-e ® rA '�— �75•� war otmlW.tem . ® ® OWL ADD.[99 � oMattrto m1W.atm I SOUTH WEST ELEVATION Q3,3 BUILDING 3 b �ewsTx+s CARPORT .I VE&ETATON l PRELIMINARY 5ECTION CC THROUC �. scat r•is � . S - ---- EPI8IDN9 �L�b].E W•L0. 0 0 JOB M. Dn"m: ' D.m a/loLEOOo cDSC® seas: mrrmcerm ou ao V SEGOPV FLOOR FIRST FLOOR GARAGE 'y0' ,CUL.ATON 3 BEDROOm 'A' - Fwsmms - jj L±1 VE ETATION V x BUILDING A RFNO •SbIIT�: .ECal.E1. m EIO Yn 9YYIM N EOE . M. cOIOMDO usu InDI M-sm ra 1.>0l ose-e..a eil e00 m..n. M 101 e1eE1 (DY0)DE]-see< roz .. (M)227-eeao _ne srre c CWD.LIDAE9E <ttiw..memlW.mm STET � A4.1 —� Jp'AT)W4 G,4RPG EX15nNG VEGETATION PRELIMINARY rrsaro.,eo EXrT VEGETATON rwTM VEGETATION PRELIMINA Q S/8/170 z Mwnw aUA Ins A lue no.: NAW as: an: i/le/z000 cPSa®: zui m. SEOIPLOOR ST FLOOR re"_ � I I corrwcsr® eu wes ..owem evae - I CIRCULATION 3 BEDROOM 'A' (ION AA THROUGH BUILDING G O 0. a o � z 3 BEDROOM B' RENO -SUM ucurser• SECOND FLOOR apzse /� III FRST FLOOR ' zoo ram mnM !'O`� ) s elul (wo) rzs-ewe PROnO;p aw,oe FIRST FLOOR 2 BEDROOM B' (no)no sa-swe S]I SOMSIDS An. M lol BA T.cowO SIM (wo)M-6034 "ORT CIRCULATION W BVILblNG B Iwo)ow-eeso mm... [MAO,oAO00.R44 m .fXV<�n.wmiW..c.m EGTION BB THROUGH BUILDING B sure I, A4.2 \ _ Q I • i I�.b WYE INKL 0LLI0Y .II � LLRxC41 n. Ylw wx 1 rrr yw I i /JI fa; w 1 .rte. ) m WTxx a )YC SEA+ONS POI,R "`� u wr GOIIDOMINIIM __ �] aY .n n•nw yxx \ fat � min r�M 1Y< I a \ I I tll�f+am u I WOOD BIU06E i.rx I GOImv MINXRfa �u ua \\ I lamp r...rr rr.�l..loraluvc T- .ww�•uw ZZ I L .W. .,.. —v V -YY .i.lalorle \ I p .r-.w. "MR: wn: a/e/oo IG2 0: PIIN-YI \ fOPfe1CR� aY iee. u 5 \ \ / `1 I, I \V RENO•SMITH •\ `\�` \\ ��\ \ \ \� ` \\\ .ASILi COLaeeOe ( no)ene-NN p w ��ITE DEVELOPMEN-r PLAN A 'eo "•° x Ki FC ys�Pi "n 9!.:f: F-uz. SUBNYSSION•.— ! i / ors o < of / l vv � E s � i 0 ozc / % I _ � , i aarO,01Y \ I �rwHY ftlel/L6 \ I Qa/aonom' I Q ` DAiL a/ao/oo safes f•.m• rum PuM-uf m*®*Oms m PLANT SOIEDULE \ Dff MPE ummm SIZE \ TMES \ ,5 COLM oSPMIDE PI(F.5KWM fDl11YDD5PFL1fF PIR.5 PtM6B6 la Fz. FIR -911 A&FSmI[Oltl1 to S:#dlPDIgI ME {' :worn Po TABLLDW 1%frm .;�•yE PDRa16TFEMA➢D6 565E a V 54 "Af PFLIM65S161o'ff1 564. V] W 99 `MRS 5bE, SGL W 610kPODT66 F4 to BMWSW® AEfAr00eMPODsfiFVR1 FLAT/1{ VWRI ° 30 PAaDElOfE9G 5G4.f 0 uIll"e z se,e gf,16 , RENO-MITH .awe ,swe I11 m euDMGC uo zurmun awo °°e ` ssTni aa'owlt,00 se / eleff Inol aces-sex TI sow lot Am A nuae M co 0.,SLLS <01AYD0 \ sleet ism. }eOYO�Q � (no)m-sea< To : �• � (nol an.es.D acre ,oramawv i aAa.Dome y \ A•— i .� f��.•/.{G .A!{ _ __ PREIOONAMY LWDSWEPIAPI �eesxeeM%.T e• a e»�u..A• a emxx'+uar��• _ %�Xacw _J II A 1 . BATH BATH f xwTOe c N EEDROOI.1 exx sxll SCI we L!D I BCD I MICK n%W tl%W r— W• DINING n KROIEI WXtl KITCHEN KITGLN _ _ P1 r DINING DINING LMN6 ROOM LMN6 LMN6 rxR ROOM ROOM e.T OYXZ 0 X= K � JI DECK — IY x M VeGK DECK mxo O%W r\\ /-r.\ I / I 1 GLO' X x 5TORA6E STORAGE . BEDROOM O O 0 X.Y 6ARA&C GARAGE STORAGE 12... n x 2� i exu r____.• r_____ 1 I I I I I I I I I I I 1 I 1 !l6RLCM Mrt'A L l Cd.[YA1 LOOT'A'- !LQ`i0.11 lMT'A' I Mb10M 3 � 5/3o/ee �PRCiII+I. Q PLAN ITOOP easn xaor emN loin R:HLL MEDROOM7 ee� D1m !n/00 uxa uxa Q cemm: a! e ••.• In'•r-f- nN rna @ P1W-111 nEEDROa01'H2 taReuTo Ox lose MATH BATH P1 M/STER IM:RER MATH BEOROON BEDROOPH ox" exe �. 11 STIM _. BEDROOM Ox! aarA'i UPPER LEVEL PLAN `' �E�f 1eC lLNe.w••P4 nxa nxn V A `U' KITCHEN ' KITGOH ox v 00 �H�1]"i i • KITL/81 DINING DINING 0 LIVIN6 LVI 6 D,p & QQ ROOM 4x ROOM ROOM LP~ e+xla DECK DECK nxa uxa MIDDLE LEVEL PLAN — 2 soar,w•.ra RENO-SMITH ...i.IT.tT.. // F—___—____—_—1 III I I I ue Ala iavr lYxex x x r ix mw~DO au u fix/ I Ins)fa-aces / \ Jil lO1RE.9mi 1R STORAGE 5TORMC _A IeTO)a»-sex C C IQ (oTOI 1n-eew STORAGE„ , M (• �eilli mlHx...m GARAGE v4¢100W 1 mn..n.e.mlue.m -- -_ ---� LCh.E= LEVEL PLAN t2.1 G--- I3m[.olxc M1 ]C6ADPI lMT E' L_ ]eswaa.IlR o BEDROOMI DEDR• mti x n rva ex ex MASTER MAS BEDROOM exn nx DECK pS r<x♦ [ Ina leave aeon r Ire• -i r– Iv i _ OININ& p[ KRGFJi 4TG J L LIVING ROOM LMN6 Rc exM Mx" V V DEOK Fs n xo ve rna. ' 1rLt'F 1641 Ir0.Y> I _I BA BEDROOM LIVIN6 RC- nxu n,2o MA5TER BEDROOM v ex. DINING 0 � l—� . fir• MBFDPO pM 2 BA F- EMMA . p ` 5TORA6E VLO. 5TC e[ 6A1jA6C 6qc 12xN n LN poll I,wpl UY11 I I I j I I I 1 I` S E['aeM' 1 MU IMi E' L..- !N9%CPI 11eT G' Q/NIAR PRGUM. Q PL.q�1 I M.N0.1 901111 warn 0.m >( exT e/./e. .ealY 1/s•.r-w 101 @ 11.11-all ' cvrtmeO 0. NY i UPPER LEVEL PLAN ac+ar.w•.ra Noa1 mat r I I D i DINING BE I eEDRC1O14 Z n x BEDROOM exq KITCI!N L Dz. Q OATH �x¢7 LMIN XX ROOM oo reDK I DECK /-- MIDDLE LEVEL PLAN �• NW p6CN ,«.>f1GN mH1.w•.I•a REN&SMITH ...C.IT.LI.. uv u Noo eEDNO Oea I 1N ue W. NF90 FV SIFR 110 LLtt[TWN BEDROOM Rm I D .lPel.C01Aw site IY DINING slot, 1.. WOI6f.tl aR N4%q N lei F wur.eelouoo uwl ST C4- STORA&E (eTe)Fa Fa bARASE bARAbE Yt I d•�'aDe.Oe 0 X2 .(11»re.nrlU.esm I eGN D.Te[uNn I — t LEV°_I_ FLAN n A2.2 `J x.u.w•.ra `� BUILDING d2 S LQ.FOON WT D' ]GmPIX.M Utli C L a- B®RDDM BEDROOM I Ilbxtl IIV%D ox w f MASTER _ V 5E O wxm Q . DCTX D� II'.a%• Ify%• fOLG♦�� DINING w K ub 1O•u KITOFEN KITGHEH LMNS ROOM LIVING ROOM M%N wxN V t► DECK DEOK %w - %G G![6/JYf RLVl L6N1 xv BATH . KITGIEN DINING BEDROOM I _______ �\ MASTER OR L LIVING BEDROOM M%M O'T%G / T : ------ w bARAbE bARA nrren wl0 noel urt1 x --- L. J menu nvxn f _ v v MATER _ W.STei � BEDROOM - BEDROOM oxn uxn Q . DECK DECK 1 xvOr aexPl DINING DvINI IN6 a.0 K111111 KITGB/ J L v LIMNS ROOM LIVINS ROOM . exN IsxN DEG C DECK �+xa ox u_tixa � ��� wvvr anon ^� BATH KITGFEN DINING --- axo I L � I � _ MA TM GR ii x e� L BEDROOM e•.e x n � i i 0 n, 6MASE G .S 1 x 24 M1PPan uvq Itaal urt1 I I J I 1 - L_ J - Wf•A• L a C6AP'JF Wi'/•• L :aeax.aF Ufi E• a om -- -- -- LPRELIM. LI LA4 seas Q ME N04 T1,42 Dum nnI Dm 5/s/0 BEDROOM_ nc9m a G A � G A soli: 1/s'.f_D• NE DT. PY2I-.11 NPivOe(p N wao PI D'1E e MTN 9ATN M"Tm M"Tm +r oM eeotwom t%e ox" ' 3 UPPER LE\/EL PLAN A V ill nw � � - =1TGlN ry�{{II1�� 'NG OWN* OIWNG -MN6 LMN6 � QQ^ _X= ROOaA LM"ROO7� \ �ICCJI rww r DlOK DeOK DErK LEVEL PLAN� 2 ec�ae w•.rc' ______ ---------- RENO SMITH __ 916 oar irnw W30 / I � i - IsPa, rowuao I % uul gp�GE l �y,�gpl� _ I»o)oae-saes N 5EVROOM � � � m aovreaue em elal TM Irro)a»-seal STORAGE STORAGE P.x Is'ro)e»-sew O r BFDFOG 2 _am Bert wmlleepm V C%Ilb OY6 ADDaaa e(wneM1ppavu.e.m 6ARAGG GARAGE r - SHECT °TL�'°_ 1 t 1 1 [ _ ; _NER LEVEL PLAN _..._7 BUILDING 03 I BAT �°^O6ON 1 BEDROOM KIT DIMIN& %n I L DINM6 IIHIN6 I b x n KITGIBI i"`^ K..'.GIEN Oxm J L 8 LIVING BEDROOM w x r L EEDROOM --11 osxn yyL i LMN6 ROOM 4viw9 ROOM i� rxw 'iexi. ill M V —bp,/tA6E— uX—6AA uxu aa DECK u � 601'OIIMT/ I.AL.INT) �K pw _ n4%I� •X I I I 1 1 1 MAIN LEVEL (BLDG. >'3) LONER LEVEL (2ND FLR ar'u W•ro wraa•+x•a..n acxa.W•ro aauwaaw011w1 LNbb YIGn!•100M/Nrt 2 BEDROOM (HOTYPE) T 'A' (I UNIT) 2 BEDROOM 2 LE`. 6NNa XKC.nw X. {N1I.LlInInN!•]r ails nw M1a'xlr Y/GG F —I Bw I xaa ena+ I ♦\♦ j 1 I ♦ / I _ _ . I ♦ / I /x♦ 1 KITCAEH nua 5p uxa N / ♦ nN e � / ♦ } DINING 0 77 1 DAY4 18 } IfT . 6TORA&E LIVIN6 X ROOM O L+!x sa NV.STER 5T' — BmR001•I bARA6E u.]e_ DECK b: 1 r DECK a%• I I I uxlo I I I r I 1 I 1 I LONER LEVEL FIRST FLOOR SECOND FLOOR .t.VD x•.M rNSW M Kv.W-W LNW YILC••0 X LNTr XICL.0!O X lMM XKL-OW X M, 3 BEDROOM TYPE A' (-7 UNIT: —OTAL ` - n.Mxs xxce.alx X. ..w..errwv.e-na:x, J - - .remora �5/3L✓gq .ro• T°° m.e• Q PRELIM. n PLAW D ro.m-. van eu..rr:M DECK I)AM 0/31/0 CYm m r— ^°• OIMNb 6TJiL 1/e•.f-o. Q GLfJ KITCHEN a tl PY3 R. PSM-oil covrlm® a wve BMI'OOM I 11.7 x a BEDROOHI I I c% w ox O ~ _ _ E LMN6 ROOM KASTER YxH . M = BEDROOM BEDROOM axtl *xtl n%� DECK DECK 5T10X0 I e4Exh Sox• WI x• o FIRST FLOOR SECOND FLOOR "' V .W.K KMY W.M O z u WA .sear u•.w rACe.Boor xaY.vY 5 Tar x 'D FLW .,� 2 BEDROOM TYPE 'G' (2 UNITS TOTAL) - TYFL. _ -AL) r roar_uv.r rocs.nee rl rrum Q ar m0 b r � G I BP.T11 DINING BEDROOM I BEDROOM Z :IN6 ROOM q%tl E) i' a%a Yxa 1%11 H•b KITCHEN L MASTER L BEM 4 A o o RENO SMITH •....� R BATH ..ee.l}.t... n I P -_J 1 ATM EDROOM] LMN6 ROOM M%Y TLT( SIO Ll4 fY11SN F n3 tl%M e41Q!'CDIYRI.o aleu p STORA&E Inq vea-eo.e to qJfJq�� DECK ox (n.)eee-an F° DECK nt sovreem.IV.. &ARA&E N N lei r v 0.2I ....�.161Luu.o ___ ROx Y`RR NUP) emW xeoP enure (00)917,18" an-oew 1 ' I MAIN LEVEL ;:®„'m'�5.... ls�ODIUM a LEVEL �i`_'' °•_OC° °'JILDING s�) 3 BEDRv^OM TYPE 'G' (1 UNIT TOTAL) sir .ro - -- P.mw r..ce•ue r). - p.mw r/Ce.1w V. s.1.raLSraroe•eW r) UNIT PLANS A 11IiTi�1TIlT(I I- 2. O LEVCL - . '. i IK LLrIEL . � � 2dc 'G' I .38R•A�.- y - I x is �m �II i i P t.LzmL FEE - '- - - - - 4:, NORTH EAST ELEVATION TYP.EXTERIOR MATERIALS 0 ROOF WOOD_SNINGLES_ Q 5/b/o0 METAL.PANELS. 0 SIDING CULTURED STON!- Q STUCCO BOARD AND BATTEN(8"OC( ACCENTS ROUGH SAWN WOOD FASCIAS.TRUSSES.POSTS ros no. Dom R:O DaTC a/le/meD P roe m Dorravrm a. IN 9"Li is' �I�IIL EL�a la f 'r �Jt a Z"O LNkI.. El: I^LNCL C :A' -- y 9DP.A' � 0DF A' 3� BOR A' I P+ [ NORTH WEST ELEVATION. j. rG°G° SCAM VIr f-T 33d El ED X20 osm, SOUTH EAST ELEVATION A`e:17``r LLC. 210 LL4r EYY1N T F[ ,ISPp. CDILYW uw Iwol r+s-seee In vn)as-Ma © "I 3011TR me A. P 101 DA4ALT.C01n113'. alai A= EFIDY ru IarD)m-4ea0 1'T7 � eluo.�DOxtss SOUT4i WEST ELEVATION BUILDING 1 Q 3.1 \ C. a C ® I fl g i 1 2evuloBS - ! Q snormoo D JOB NO.: DBBBB BLB6 D.TB: 6/18/BO ®CB8 O EC6W 1/I'•1' rBl m m nri 9CR 'D'.. NORTH WEST ELEVAnON I w - SGIP VW 2IW. PTq F 159 FR FR o x 03s i - i RENO•SM 111 SOUTH EAST ELEVAnoN LL� 210 KTJ erW M 202 "M.coww emu (»o)qn-Boa qu ..® (vro)r26-Bw ® aYJ s01rt11 . M 101 01 BJSLLT.C01ORB slut(%0) on-aes I. (vJD) o.a,ae.� i m ave • .— .— =our ' om..a.....mu.. sneer A3.2 j i I f i 1 EE IL NORTH E. N a.vlmmrs L=®1011 IL eno,a000 0 0 nwaX aria cmc� a co m: _.. _.. r wrmc.r® ti u � Q ED ❑ i 9 r y 6A k' I. CDR W j� 3 BR G BLI DNG'C WEST ELEVATION a z t sc av c 1 031 1' t3 o P. EB FR SOUTH EAST ELEVATION RENO•SM. Ijr .<.1..., m LL0. 210 aY<U- 209 covow 5,611 (ne) em-eea ra (no)925-en: ® 471 30m 1 M 101 ....,r.cow" 81521 ae2 ® ' ! (170)en-eea Ir' 1ra 51}. s S ; =mot" . __-. „�,T� A3.3 CAaPc. PRELIMINARY SEOTION OG THE ' xxar.ia s — Sc I • 1 5/4/wo ��ru lDS Im.i DIYM DYi DAM 4/10/D01 DCIIL rD2 Ilk MrfIRRo W v SBCOND FLOCK FEZ,IT FLOOR _ —GARAGE _ r � a CIRCULATION 3 BEDROOM'A• - E)OSTWO VBSUAT10N JGH BUILDING A RENO 4R DriY w as i1.WO1, C01UD" ual r" (M)92 1-srq 371 DOVIDDmt 0 M 101 DOW. C01OYD 01"1 - (D>ol 0Dt-"Da in (HO)0Br-"10 wes srte rY OD6 oMC..nuumfU.e DDBDT / O A4.1 w z!d j �., douv�pan lsixa L A� r C A qr K 'NI W I"1321d NLVd I NOLLVl393A 9NLLSfX3 2*0 L RtI610X, ' D,DD, A 0 ms so.� Dun m wm ./lo/xoM cate®: IN ON SECOND FLCOR i.'A co.nve.r ® am r �— tY8 _ot FRST FLOOK ( ✓`" WNDOF MLL I i �_`J (SARAGE' ;TORT CARGULI.TION 3 BEDROOM IN -Y SECTION AA THROUGH BUILDING G O p a o t7 f r pp rAQ E-I x 0 3 BEDROOM V RENO .59 ucsn.en SECOND FLOOR-__ � ,�O o .c FIRST FLOO / OT x2101 R easx mru N xox I3PCX.CDIOMD / eu)r �• � (en)w-seee +arcr.rn sia.ne FRST FLOOR 2 BEDROOM S' .a (.x)a %m xn sovrssms e w 101 I (»o) Ir m-,w ru CARPORT CIRCULATION BUILDING B leool m_eea< ATYJII nxe oRi xXna possess ern«......mn➢.. 91NARY 5�G ON c THROUGH EJIL„NG- 5 sum 0 R7 11 A4.2 COUNCIL COMMUNIQUE Meeting Date: July 10, 2000 By: Marianne Rakowski Staff: Marianne Rakowski Joe Coffey Subject' Parcel 'N' Financing Gary Suiter Overview: In 1999, the Town purchased Parcel 'N' for approximately $350,000. Staff has been working with Reno-Smith Architects on a design for employee townhomes for that parcel. The approximate cost to build 17 townhomes is $5,852,924. The Town is using the 2000 employee housing reserve of$100,000 to offset these costs (mainly to pay architectural and engineering costs during the design phase). .The Town Council has stated a desire to keep these 17 units as affordable, employee housing, for-sale units. In order to meet this goal, the Town will need to provide a significant subsidy to keep the units affordable. Consistent with Council direction, staff has reviewed possible funding sources to provide the subsidy and will present these to Council today. Included in your packet is a list of possible funding sources, the Financial Advisory Board recommendation on the Capital Reserve Fund, preliminary construction costs, townhome purchase price estimates, preliminary bond financing scenarios and a short list of possible risks to be assessed. Financial Summary: All numbers are preliminary. Bond financing costs are assumed in this scenario, but we are looking at bank financing as well, which may reduce financing costs. Value engineering may help to bring down construction costs. Staff Recommendation: Staff is concerned with using funds from the Capital Reserve since the payback into this fund is from a volatile source (excise taxes). It eliminates the possibility of using these funds for other projects that may have a more dependable source for repayment. This project is a costly project and all options should be considered such as rentals vs. for sale, phasing of project, mixture of sales and rental or raising purchase prices. These or other options may reduce some of the risks and avoid depletion of reserves at the expense of other projects. Staff recommends a save and build approach. I PARCEL 'N' SUBSIDY POSSIBLE FUNDING SOURCES Subsloy#1 Existing Sources: As of 12/31199 Remaining Housing Reserve Fund $ 140,000 $ 341,612 $ 201,612 Mountain View I Reserve Fund $ 200,000 $ 418,316 $ 218,316 Mountain View II Reserve Fund $ 20,000 $ 82,356 $ 62,356 PMH Reserve(Housing Fund) $ 26,525 $ 26,525 $ - Housing Reserve(Gracie's Mitigation) $ 19,462 $ 19,462 $ Excise Taxes-2000 revenues $ 400,000 Escrow-ASC for Employee Housing $ 22,906 $ 22,906 $ Total Available Funds $ 828,893 Other Sources: RETT Fund(if property is Town owned $ 90,000 or controlled; it would be during con- struction;for landscaping and land- scaping irrigation) Road Fund (pick up the costs to build $ 122,400 road from Parcel W to Parcel'N') Total Other Sources $ 212,400 Total Funds -- Subsldy#1 $ 1,041,293 Existing Subsidy#2 As of 12/31/99 Remaining Capital Reserve Fund: $ 1,188,000 $ 2,376,231 $ 1,188,231 On June 21, 1999,the Financial Advisory Board presented a recom- mendation to the Town Council regard- ing the use of funds in the Capital Reserve Fund(see attached). If the Town Council feels the funding for Parcel'N'falls within the criteria,the above amount is the calculated amount based on the Financial Advisory Boards requirement.The payback to this reserve would occur over 2-3 years from future excise taxes. POSSIBLE TOTAL FUNDS--Subsldy#2: $ 2,229,293 Note: The Town still has$335,000 of available debt to be Issued from the 1998 G.O.bond. The problem is how would we repay these bonds other than property taxes? a PARCEL 'N' CONSTRUCTION COSTS AS OF 6/27/00 Building Construction $ 4,404,534 Site Development $ 815,740 Architectural $ 189,000 Civil Engineering $ 45,000 CTL Thompson $ 175,000 Water& Sanitation $ 130,000 Rock Removal $ 20,000 Construction Trash $ 15,000 Drapes& Blinds $ 25,000 Dewatering $ 5,000 Concrete Testing $ 2,500 Legal-S. Connor $ 6,000 Builders Risk Insurance $ 18,950 Other- Utilities $ 1,200 Total Construction Costs $ 5,852,924 Less: 2000 Housing Reserve $ (100,000) NET CONSTRUCTION COSTS $ 5,752,924 3 PARCEL 'N' TOWNHOME PURCHASE ESTIMATES Purchase Una # Price TOW 3 Bedroom Units 10 $ 225,000 $ 2,250,000 2 Bedroom Units 7 $ 195,000 $ 1,365,000 Option#1 Total $ 3,615,000 Purchase MIR # Price Total 3 Bedroom Units 10 $ 240,000 $ 2,400,000 2 Bedroom Units 7 $ 215,000 $ 1,505,000 Option#2 Total $ 3,905,000 Purchase Una # Price Total 3 Bedroom Units 10 $ 250,000 $ 2,500,000 2 Bedroom Units 7 $ 220,000 $ 1,540,000 Option #3 Total $ 4,040,000 PARCEL'N' FINANCING SCENARIO WITH SUBSIDY#1 $1,041,293 Scenario#1 Scenario#2 Scenario#3 Sources: Sources: Sources: Bond Proceeds $ 4,805,000 Bond Proceeds $ 4,805,000 Bond Proceeds $ 4,805,000 Subsidy#1 $ 1,041,000 Subsidy#1 $ 1041,000 Subsidy#1 $ 1041000 $ 5,846,000 $ 5,846,000 $ 5,846,000 Uses; Uses: Uses: Construction $ 5,752,000 Construction $ 5,752,000 Construction $ 5,752 000 $ .5,752,000 $ 5,752,000 $ 5,752,000 Subsidy Balance $ 94 000 Subsidy Balance E 94 000 Subsidy Balance $ 94,000 Funds for Bond Repayment: Funds for Bond Repayment: Funds for Bond Repayment: Sale or Tovmhomes(Option#1) $ 3,615,000 Sale of Tmnhomes(Option#2) $ 3,905,000 Sale of Tovmhomes(Option#3) $ 4,040,000 Subsidy Balance(from above) $ 94 000 Subsidy Balance(from above) $ 94 000 Subsidy Balance(from above) $ 94,000 3 709 000 $ 3 999 000 $ 4 134 000 Bond Repayment: Bond Repayment: Bond Repayment: principal $ 4,805,000 Principal $ 4,805,000 Principal $ 4,805,000 Interest $ 683,135 Interest $ 683,135 Interest $ 683,135 Less:Capitalized Interest $ (187,395 Less:Capitalized Interest E (187,395) Less:Capitalized Interest $ 187,395 $ 5,300,740 E 5,300,740 $ 5,300,740 Balance Remaining(+/-) $ (1,591,740) Balance Remaining(+/-) $ (1,301,740) Balance Remaining(+/-) $ (1,166,740) PARCEL'N' FINANCING SCENARIO WITHSUBSIDY#2 $2,229,293 Scenario#f Scenario#2 Scenario#3 Sources: Sources: Sources: Bond Proceeds $ 3,570,000 Bond Proceeds $ 3,570,000 Bond Proceeds $ 3,570,000 Subsidy#2 $ 2,229000 Subsidy#2 $ 2229,000 Subsidy#2 $ 2229000 S 5,799,000 S 5,789,000 S 5,799,000 Uses: Uses: Uses: Conshuctlon $ 5,752,000 Construction $ 5,752,000 Construction $ 5,752000 $ 5,752,000 S 5,752,000 $ 5,752,000 Subsidy Balance $ 47,000 Subsidy Balance $ 47.000 Subsidy Balance $ 47000 Funds for Bond Repayment: Funds for Bond Repayment: Funds for Bond Repayment: Sale of Townhomes(Option#1) $ 3,615,000 Sale of Townhomes(Option#2) $ 3,905,000 Sale of Townhomes(Option#3) $ 4,040,000 Subsidy Balance(from above) $ 47 000 Subsidy Balance(from above) $ 47 000 Subsidy Balance(from above) $ 47 000 3 662 000 =$ —Z3;9 52 000 S 4,087!000 Bond Repayment: Bond Repayment: Bond Repayment: Principal $ 3,570,000 Principal $ 3,570,000 Principal $ 3,570,000 Interest $ 507,945 Interest $ 507945 Interest $ 507,945 Less:Capttalizetl Interest $ (139,2391 Less:Capitalized Interest $ 131:21.9 $ 3,938,706 Less:Capitalized Interest $ 139,23,838,706 39 S 3 S Balance Remaining(+/-) $ (278,706) Balance Remaining(+/-) $ 13,294 Balance Remaining(+/-) $ 148,294 PARCEL 'N' RISK ASSESSMENTS 1) Using the reserves might jeopardize other future projects due to lack of funding. 2) This project depends on excise taxes from 2000 to fund construction, plus future excise taxes to payback the Capital Reserve. What if they don't materialize? 3) If the units don't sell, we may have to open them up to Pitkin County employees. 4) Construction costs may escalate due to unknown site condi- tions. How would we pay for these overruns? 5) Use of the Housing Reserves may delay renovations on existing housing complexes. COUNCIL COMMUNIQUE MEETING DATE: 07-10-00 BY: Scott Smith STAFF: Joe Coffey SUBJECT: Parcel "N"Architectural Plan Review and Construction Schedule Discussion. OVERVIEW: Parcel "N" site plan,floor plans and building elevations are attached for Council review today. The changes requested from the last Council meeting have been incorporated into these plans. The first Planning Commission meeting for Parcel "N" is scheduled for July 19`h. Paul Broome of Norris and Associates will also be here today to discuss the construction schedule if requested. Phasing the construction on this project has been discussed with Norris and this option is viable and should be considered if the Council is not ready to sign a start to finish contract at this time. FINANCIAL SUMMARY: N/A BOARD OF COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: The Council should review and discuss all the plans submitted today and make recommendations if changes are necessary. The Parcel"N" development team needs direction today on how to proceed with this project. We are ready to proceed when we have your approval. SEE ATTACHMENT A TOWN COUNCIL COMMUNIQUE Meeting Date: July 10, 2000 Presented By: Craig Thompson/Steve Connor Subject: Ordinance No. 07: Revisions to Article IV of the Land Use Code. SEE ArCICTE IV UNDER ITEM NO. 3 OF A(,WM Overview: Ordinance No. 07, Article IV of the LUC is scheduled for 2nd reading on July 10`h. The following language changes have been incorporated into Article IV: 1. Page 6 of 55: h. Fences. 2. Page 29 of 55: 4. Parking For Residences. 3. Page 31 of 55: A(1) Preserve Existing Vegetation. 4. Page 37 of 55: Section 4-410(b) Job Generation Rates. 5. Page 39 of 55: e. Redevelopment. 6. Page 39 of 55: Section 4420, Methods Of Complying With iRequirements. In addition, a housing mitigation percentage will need to be determined and incorporated into Page 39 of 55: L Summary of Formula. Please refer to attached spreadsheet for housing square footage required per mitigation percentage. Recommendation: _ Review, comment on and finalize language within Article IV of the LUC with the objective of approving Ordinance No. 07 on 2"d reading during the regular meeting (item no. 3 on agenda). I HOUSING MITIGATION SPREADSHEET Potential DDeve!opment Job 9w. BU01 75V. 50% 5000 4.88 ]27 9,737. 8,655. 8,114. 7,573. 6,491.5 5,409.S356-10 $296-75 S237,40 $197.83 (sq.ft.) (per 1000 sq.ft. 2000 3.68 2,967. 2,637.8 2,472.9 2,308.1 1,978.3 1,648. (sq.ft.) (per 1000 sq.ft. 30 0.61 7,378. 6,558.7 6,148. 5,738. 4,919.04 4,099.20 (units) (per unit) $787"04 7 7 $491. 50 0.38 7,660.80 6,809. 6,384. 5,958. 5,107.20 4,256. (rooms) (per room)2000 5.16 4,161.0 3,698. 3,467.5 3,236. 2,774.0 2,311. a (sq.ft.) per 1,000 sq.ft (Underlined Dollar Amount=Square Footage X$120.00. TOWN COUNCIL COMMUNIQUE Meeting Date: July 10,2000 Craig Thompson/Steve Connor Presented By: Ordinance No. 07: Revisions to Article IV Subject: of the Land Use Code. Ordinance No. 07,Article IV of the LUC is Overview: scheduled for 2"d reading on July 10`h. Approve Ordinance No. 07 on 2 reading. Recommendation: a 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, Town Council continued the First Reading of April 24, 2000 to May 1, 2000. 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 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: 13 Ordinance No. 07, Series of 2000 Page 2 1. Amendment to Chapter 16A. Article IV. The provisions of Chapter 16A Article IV of the Municipal Code are hereby amended and restated as follows: ARTICLE IV DEVELOPMENT EVALUATION STANDARDS This Article establishes a set f evaluation standards for the review of development within the Town. These provisions are have been found to be necessary and desirable in order to: (1) protect ecologically and environmentally sensitive areas Ike Town; (2) use land, as well as public and private services and facilities efficiently; (3) ensure t#iat 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 The puFpese of this AFtiGle is to protectlea-ef he environmental, aesthetic and natural resources of the Brush Creek and Owl Creek valleys, including wildlife habitat, stream corridors, sensitive hillsides, and other unique lands and significant natural features, *a a fundamental pFinGiple that quided the pFepaFatie-n of the Plan. The paFpese e#This Division494e establishes standards to ensure that as development occurs, these environmentally sensitive areas are protected and. In its admiRistratien 9f this Develepment Gede, TA;AFA,g WaAtiaa to ensure that development does not contribute significantly to the degradation of air quality+n the T-ewn and 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 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 I bio-diversity is hasaeng been a important Yalue in Snewmass 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 erne 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. 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 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 are general information aaaps that depict the 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 "guideeto probable location ". All areas mapped as sensitive wildlife habitat shall be verified on the ground, pursuant to Section 4-110 D., 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. BeGause these Fnaps aFe quides eF Fed flags, aAn applicant 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 &St 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 shall describe how the proposed development will comply with Section 4-110 E., Standards. The analysis shall be prepared and submitted by a gualified wildlife biologistlecologist or similar qualified expert, that and shall contain the following materials: 1. Map. A map of the property shall be submitted, depicting the activity patterns of the wildlife using the sensitive wildlife habitat, identifying; whOF8 relevant; migration routes, travel corridors or patterns, calving, 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 be submitted that describes the activity patterns of the wildlife 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 progress and shall include provisions to ensure both implementation and monitoring of the plan by the applicant. As applicable, the report shall refer to any other wildlife enhancement or management plan that hasve 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 four out of five of the members of the Town Council 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 four out of five of the members of the Town Council, 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 I 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. 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. 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. 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 feuF(4)three (3) strands of smooth fence and shall not be made of woven wire. Rail fences shall be limited to three (3) rails of rounded or split rails. aad shall only use FeuRded Fails. Rails shall not be wider than twelve inches (12"). Wire and Fail fences shall have a kickspace (distance between the top two [2] wires er Fails) of not wide F less thea twelve inches (12"). Rail fences shall have a distance of eighteen inches (18") between the rails. (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 from these limitations. (6) Two (2) Rail Fences. At the discretion of Town Council. a two (2) rail wooden fence not to exceed thirty six inches (36") in height may be required. 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. The applicant shall provide access to CDOW personnel and Town staff to assist in the implementation and enforcement of wildlife mitigation and enhancement plans and as 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., Maas 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 identifying those lands that are subject to the provisions of this Section 4-120. a 2. Lands Outside of Brush Creek Impact Area. Because the Environmental Sensitivity Map is a general map, the map should be considered to be a "guide" 8F "Fed flag". 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 subdivision. D. Brush Creek Impact Report. Because the Environmental Sensitivity Map is a guide erred #lag, an 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 where relevant; 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 a 0"0A 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 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, Floodalain and Wetland Areas, with regard to the location of development in relation to 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 undertaken to restore the channel to its natural state or to enhance aquatic conditions within the stream. Where such a3 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., Ve-getation 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 four out of five of the members of the Town Council 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. 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. ;lq 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. 3. 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 water table, or would cause the temperature of water in the creek to increase beyond the tolerance levels of trout and other aquatic life. SECTION 4-130. FLOOD PLAIN AND WETLAND AREAS 5 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 locate all proposed development outside of the limits of that area. A professional engineer licensed in the State of Colorado shall prepare the study. C. Wetlands. Areas that are considered to be jurisdictional wetlands, as defined by the United States Army Corps of Engineers, are prohibited from development unless appropriate mitigation is approved by the Corps of Engineers, by appropriate permit, or 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 0 (0 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 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 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 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 a� 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 four out of five of the members of the Town Council 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. E. Avoid Activities Which May Affect Stability Olseeuraged on Slopes Greater 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. that afe v4sible that aFe at, OF aF8 withlA fifty feet (60') of elevation, measuFed vekirally, G the Grest Of a Fidge OF 11111160 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� 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: q, Mass. The mass of the proposed development shall be broken into smaller forms and stepped down the hill to accommodate the slope of the terrain, so as to minimize the 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. 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. 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 set forth that be additional beyond the minimums 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 aJ 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: 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. The applicant's shall calculate the cumulative 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 30 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 the applicant to demonstrate how the development will accomplish either, or a combination of, the following options: (1) Reduce Number of Trips. Implement transportation demand management actions, such as provision of 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". 31 (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, design and construction of road network, transit facilities and public parking facilities 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 the current owner of the property submits a request for a refund to the Town's Finance Director. 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 physically block entrance of vehicles or pedestrians from entering the development via 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 P 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 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 Desian. 3. Dedications. Rights-of-way shall be dedicated for the entire width for all minor, local, collector and arterial streets. The Town Council may permit private road easements 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. 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 streets shall be joined by a tangent of at least one hundred feet (100') in length. B. Service Access. Service access shall be provided in commercial, business and industrial areas. 9. Intersections. Intersections shall be ninety (90) degrees unless 33 otherwise approved by the Town Engineer. In no case 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. 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. 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. The Building Official shall assign street numbers, 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. 3q 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 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'). 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 (1.5'). C. Handicapped Accessibility. Consideration should be given 35 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 animal-proof, conforming to the specifications for such facilities promulgated by the Colorado Division of Wildlife. 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. 7. 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 Town. 3. Fire Access. Fire lanes, emergency access and fire apparatus access roads shall conform to the provisions of the Fire Code, as set 31 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. 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. b. Manipulate Vegetation. Recommendations to manipulate 31 the density and form of vegetation, so as to create 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 roofline, 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. 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 2ri 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 (5') 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 (5') 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 of ten feet (10') shall be required on the inside of the front lot line where necessary. B. Cul-DeSacs. 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. 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. 140 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 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. B. 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. C. 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 standards for the design of development sites, including standards for off-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. 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 1 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 Parkina 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 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 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 qZ 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 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 the current owner of the property submits a request for a refund to the Town's Finance Director. All requests for refunds shall be accompanied by a copy of the receipt issued for payment of the 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 43 . 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. 3. Unobstructed Access. Exceptina 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 two-family dwellings may consist of garage area, parking strip or apron. S. 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 4 q 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 Parkino Desion 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 shall be provided for the snow storage area, to ensure snowmelt 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. 45 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 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 (26) 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. SECTION 4-320. LANDSCAPING, GRADING AND OTHER DESIGN STANDARDS A. Landscaping Standards. 1. Preserve Existing Vegetation. Existing vegetation and live trees shall be preserved so as to: (a) reduce the potential for erosion and sedimentation from development; (b) screen or soften the appearance of development; and (c) buffer uses from one another. Existing vegetation and trees that are removed shall be replaced with appropriate, same similar 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., Parking Lot Landscapina. B. Grading Standards. All development shall comply with the following standards. 1. Mass Grading. Mass grading that removes existing vegetation and leaves large areas of soil exposed shall be properly 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, 41 vegetation removal and building construction shall be confined to designated building envelopes, except as permitted pursuant to Section 3-160, Construction in Required 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 visibiv mark the extent of the designated building envelope. 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. 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 to fit the structure. For example, instead of creating a flat bench or terrace for a building platform on a sloping 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 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 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 ql at any one (1) time shall be subject to reasonable limitation in 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 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. An 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, grading, landscaping, so interior and exterior passive and active solar energy features, and attention to elimination or 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 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. 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 watercourses. 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. I 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. 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. d. Screen Mechanical Equipment. The roofs of structures containing non-residential or multi-family uses should be � a. 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 4-4. STANDARDS FOR RESTRICTED HOUSING Sec. 4-400. Purpose. To alleviate the shortage of adequate housing for persons of low, moderate or middle income, provisions for comfortable and affordable housing in locations approved by the Town Council shall be made to accommodate up to 60% of new employees and their families generated by development and redevelopment within the Town. (Ord. 4-1998 §1) Sec. 4-410. Restricted housing requirements. a. Gne hund Fed pe F Gent (109%) of 8 newmass Vil lage Employees Shall 0 53__ _ Village that aFe geAeFated by development. b. Job Generation Rates. Job generation rates vary by the type of employment. The job generation rates found in Table 4-5, Job Generation Rates Per Type of Use, shall be applied to each type of use in the development at its maximum annual (peak) 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 lobs created (multipliers are available for review in the Community Development Department). For any use not listed, or special circumstances as determined by Town Council, the Planning Director shall determine the applicable job 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 Type of Use Number of Jobs Generated Commercial including general retail, 4.83 jobs per 1,000 interior square feet grocery, liquor, convenience Office 3.68 jobs per 1,000 interiorsquare feet Multi-family and Fractional 0.61 jobs per unit Ownership/Time Share Units Single-family/Duplex up to 3500 sq. ft. 0.29 jobs per lot Single-family/Duplex 3500 sq. ft. and 1.58 jobs per lot over Hotel/Lodge 0.38 jobs per room which are furnished to accommodate sleeping occupants Ski Area Restaurants- Cafeteria 3.59 jobs per 1,000 interior square feet Style Restaurants 5.16 jobs per 1,000 interiorsquare feet Ski Areas 61.95 jobs per 1,000 skiers at one time Conference Center 0.97 jobs per 1,000 interiorsquare feet Health Club .96 jobs per 1,000 interiorsquare feet types of uses, as deteFmined in Subseetion (a), ine-h G-e-ne-ra-tion Rates, shall be to d8t8FFAIne the nurnbeF of new employees that will be geReFated by4he devel9pment_ S004 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 (d), 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. All units contributed by a developer shall meet these size limits. TABLE 4-6 SIZE RANGES OF RESTRICTED DWELLING UNITS Type of Unit Minimum Size Maximum Size (sq. ft.) (sq. ft. 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 reauired on the existing square footaae of the building to be redeveloped. (1) Existina Employee Housing Replacement. If any souare footage of the existing employee housing is to be removed, an equal souare footage of deed restricted housing shall be replaced. 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 E X 4 x 448 square feet x .60 55 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 .60) - (Existing pre-development jobs generated E X 448 square feet x 1.15) (Ord. 4- 1998 §1; Ord. 11-1998 §1) Sec. 4-420. Methods of complying with reauirements. Restricted housina shall be provided as follows: (1) Preliminary review. During preliminary review of the project, and based upon the information provided by the developer and Town staff. the Town Council shall determine: (a) Whether the project is an appropriate project to be financed, constructe1 owned, and operated by the Town. (b)Whether the Droject is an appropriate project to be financed, constructed, owned, and operated by the developer. (c) Any combination of the above that the Town Council determines to be in the best interest of the Town. (d)The total anticipated construction cost of the project, including all site development costs, including soft costs. (2) Methods of providing housina. Housing shall be provided using one or more of the following methods: (a) Developer Buy-Down - Developer builds rental units, transfers title of the proiect, including land, to the Town and the Town pays to the developer the bondable amount derived from the net operating income (amortized for a twenty-year period). The net operating income means the amount of revenue generated from the rents of a project, less capital replacement reserve and operating expense other than debt service. When the estimated net operating income of a proiect is insufficient to meet the debt service requirements of the restricted units, the developer shall pay the difference between the bondable amount derived from the net operating income (amortized for a twenty-year period) and total construction costs. (b) Restricted Sale — Developer builds the restricted units and sells the units to qualified employees, at prices established by the Town Council, as determined by current sale prices of comparable restricted units within the (c Town. (c) Restricted Rates and Use— Developer builds, owns and manages restricted rental units in accordance with current Town of Snowmass Village Restricted Housing Guidelines. When permitted by all applicable State and local laws, or when agreed to by the developer, the units shall be restricted at the same rental rates charged by the Town for similar size units with similar amenities, as determined by the Town Council. Rental rates may be adjusted annually based on the inflation index used by Town. (d) Land for Credits - The Town Council, at it sole discretion, may grant to the developer employee housing credits in exchange for developable land. The credits will equal 448 square feet x the number of units that can reasonably be constructed upon the land being transferred to the Town. The Town Council, using information from competent land planners, densities of adjacent parcels and recommendations from Town staff, will determine the number of units suitable for the property. (e) Other Means - Such other means as may be agreed upon by the Town Council and the developer of a project requiring restricted housing, as required by Article IV of this Chapter. (3) Cash-in-lieu for minor developments. The Town Council may. at its sole discretion, accept cash-in-lieu of restricted employee housing if the development is determined to be a minor development, as defined in this Chapter. (a) Costs to be included. Cash-in-lieu of employee housing shall include the cost of land and all related planning, design, site development, 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. (4) Developer responsibilities. The developer shall be responsible for planning, design and development approvals for any housing proposed to mitigate employee impact. The developer shall provide adequate land for proiect and shall be responsible for the full costs of constructing of the project. If Town Council has determined that the restricted housing will be owned by the Town and 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, and the Town shall thereafter own and manage the restricted units. The developer shall warrant that the oroiect is free of any construction defects for a period of one (1) year from the transfer of title to the Town. (5) Town Council responsibilities. The Town Council shall determine the unit 57 mix and configuration of restricted units to be provided, fair and reasonable rental rates and sale prices for each type of restricted unit, estimates of occupancy rates, estimates of operating budgets (including maintenance and capital reserve), 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 housing surveys, comparable restricted rental rates, information provided by the developer and recommendations from Town staff. (Ord. 4-1998 §1; Ord. 11-1998 §3) DIVISION 4-5. SIGN STANDARDS 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: 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. 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(2-0)u 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 West 49ntage construction site. 2. Development Leasing/Rental Signs. Freestanding on-premises signs that 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. 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. 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 contents 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. 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, (10 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. 6. 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 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 determined by the Building Official and/or Chief of Police. 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. B. Free Standing or Joint Identification Sign. Either one (1)freestanding, on-premises sign or one (1)joint identification sign shall be permitted at (A I each vehicular access point to a business or the group of businesses advertised on the sign. There shall 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 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: (p2m 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: 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 (2.5') of additional support to get the sign above an acceptable snow level, and then no more than two and one-half feet (2.5') within which the display surface shall be located. In no case shall the highest point of C�3 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 (2.5') of additional support to get the sign above an acceptable snow level, and then no more than four and one- half feet (4.5') within which the display surface shall be located. In no case shall the highest point of such a sign be more than seven feet (7') above the grade of the road. 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 (7') above the highest grade elevation at the base of the sign. 3. Width. No freestanding on-premises signor 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 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. 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 roofline. 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 (7') 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. 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. �G 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 (7.5') 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., Exemot 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. 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 required permit fee for each sign shall accompany the application. 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, when such flexibility is in the best interest of the community. The purpose of this section is to authorize a comprehensive sign 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 single building, or for building complexes that are located on one (1) lot or parcel I or two (2) or more continuous parcels, that are held In unified control. C. Plan Requirements. Comprehensive sign plans shall meet the following requirements: 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. Following closure of the public hearing, the Town Council shall 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 1 b (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. 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; S. 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 1 � 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 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. 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 07a Snowmass Village on First Reading on June 5, 2000 upon a motion by Council Member Mercatoris, the second of Council Member Hatfield, and upon a vote of 4 in favor to 0 opposed. Council Member Brady was absent. READ, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass Village on Second Reading on July 10, 2000 upon a motion by Council Member , the second of Council Member and upon a vote of_ in favor and _opposed. TOWN OF SNOWMASS VILLAGE T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk 73 COUNCIL COMMUNIQUE Meeting Date: July 10, 2000 Presented By: Planning Division: Chris Conrad Subject: Public Hearing and Second Reading: Ordinance No. 17, Series of 2000, an ordinance rezoning Parcel K, Faraway Ranch Gross Parcel Plat, and certain portions of Faraway Road as designated within the Timbers at Snowmass Final Planned Unit Development Plan, from SPA-1, Specially Planned Area, to MF, Multi-Family. Overview: The Timbers at Snowmass, LLC. , as part of their Final PUD application, has requested approval to rezone the land area containing their development from the current SPA-1 Specially Planned Area zone district to the MF Multi-Family zone district. Condition No. 1 of Ordinance No. 16, Series of 2000, which approves the Timbers at Snowmass Final PUD, requires that this rezoning occur. The Ordinance received first reading approval at your June 19 meeting. Amendment to The enclosed ordinance contains an additional finding (double Ordinance: underlined) and amended "Subject Area" for consideration at second reading. It was recommended to the Applicant that the westerly portion of Parcel K containing ski easements remain zoned SPA-1, Specially Planned Area, rather than be rezoned to MF Multi-Family. You will recall that no improvements were intended to be placed within that area as part of the Timbers at Snowmass PUD. The Applicant has agreed to this amendment to their rezoning request and the ski easements have been excluded as being part of the "Subject Area". Recommendation: Conduct the Public Hearing and then Staff recommends Second Reading approval of the enclosed Ordinance. P:\user\cconrad\MS Word Docs\Timbers\Timbers Final\The Timbers Final PUD Zoning TCMemo02 14 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 17 SERIES OF 2000 AN ORDINANCE REZONING PARCEL K, FARAWAY RANCH GROSS PARCEL PLAT, AND CERTAIN PORTIONS OF FARAWAY ROAD AS DESIGNATED WITHIN THE TIMBERS AT SNOWMASS FINAL PLANNED UNIT DEVELOPMENT PLAN, FROM SPA-1, SPECIALLY PLANNED AREA, TO MF, MULTI-FAMILY. WHEREAS, the Town Council approved the Timbers at Snowmass Final Planned Unit Development ("PUD") Plan by the adoption of Ordinance No. 16, Series of 2000; and WHEREAS, said Ordinance contained certain conditions of approval, including the requirement that land area comprising the Final PUD be rezoned from the SPA-1 Specially Planned Area to the MF Multi-Family zone district; and WHEREAS, The Timbers at Snowmass, LLC (the "Applicant") hereby request that said rezoning occur for that land area as shown and described in Exhibit "A" , attached hereto and incorporated herein by reference (the "Subject Area"); and WHEREAS, the Subject Area includes Parcel K, Faraway Ranch Gross Parcel Plat ("Parcel K"), as recorded March 18, 1985 in Plat Book 17 at Page 5 and portions of the existing Faraway Road which was dedicated as part of the Ridge Run Unit I Subdivision, according to the plat recorded on December 21, 1967 in Plat Book 3 at Page 281, both as found in the records of the Pitkin County Clerk and Recorder; and WHEREAS, the final plat for the Timbers at Snowmass Final PUD involves the re-alignment of Faraway Road such that portions of the original right-of-way will become part of Lot 2 and portions of Parcel K will be dedicated as new Town right-of-way; and WHEREAS, the Town of Snowmass Village hereby consents to the inclusion of the portion of existing Town right-of-way that will become part of Lot 2 of the Applicant's Final PUD subdivision plat as part of this re-zoning request; and WHEREAS, the Applicant submitted the Timbers at Snowmass Final PUD Plan (the "Project") application, including rezoning request, to the Town on May 25, 2000 and the Planning Director determined that the application was complete 1� TC Ord. 00.17 Page 2 and satisfied the Final PUD and rezoning submission requirements of Sections 16A-5-370 and 16A-5-220 of the Snowmass Village Municipal Code (the "Municipal Code"); and WHEREAS, posted, mailed, and published notice of the public hearing to be held before the Town Council on July 10, 2000 was provided in accordance with the public notice requirements of Section 5-150 of the Municipal Code; and WHEREAS, the Town Council will conduct the public hearing on that date for the purpose of receiving public comment; and WHEREAS, the Town Council has now considered the subject rezoning request and heard the recommendations of Town Staff; and 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, Colorado, as follows: Section One: Findings. The Town Council finds as follows: 1. That the application was complete and satisfied the rezoning submission requirements of Section 16A-5-220 of the Snowmass Village Municipal Code (the "Municipal Code"). 2. The public notice requirements of Section 5-150 of the Municipal Code have been satisfied. 3. The rezoning request will be consistent with the Timbers at Snowmass Final PUD and satisfies the requirement of Condition No. 1 of Ordinance No. 16, Series of 2000: 4. The rezoning of the Subject Area from the SPA-1 Specially Planned Area to the MF Multi-Family zone district is consistent with the Review Standards set forth in Section 16A-5-220(e) of the Municipal Code. 5. Parcel K contains two (2) ski easements containing a 1.875 acre portion of Parcel K which are not intended to contain improvements associated with the Timbers at Snowmass PUD. The Town Council has determined and the Applicant agrees that said portion of Parcel K should be excluded from the Subject Area and remain zoned SPA-1 This will not affect the multi-family residential development of the remainina portion of Parcel K TC Ord. 00-17 Page 3 Section Two: Action. The Town Council hereby amends the Town of Snowmass Village Official Zone District Map ('Zone District Map"), as adopted by Resolution No. 22, Series of 1999, by approving the rezoning of the Subject Area from the SPA-1 Specially Planned Area to the MF Multi-Family zone district, as shown and described in Exhibit"A". The Town Council further directs Staff to amend the Zone District Map to reflect that the zoning classification for the Subject Area is now the MF Multi-Family zone district. Section Three: Severability. Any portion or provision of this Ordinance determined by a Court of competent jurisdiction to be invalid or unenforceable shall not affect or impair the validity and enforceability of all other portions and provisions of this Ordinance. READ, APPROVED AND ADOPTED on First Reading by the Town Council of the Town of Snowmass Village on the 19th day of June, 2000 upon a motion by Council Member Brady, the second of Council Member Hatfield, and upon a vote of 3 in favor and 0 against. Mayor Manchester and Council Member Costello were absent. READ, APPROVED AND ADOPTED on Second Reading by the Town Council of.the Town of Snowmass Village on the 10th day of July, 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 ATTEST: T. Michael Manchester, Mayor Trudi Worline, Town Clerk HAShared\C1erk\0rdAc\00-17 Timbers Zoning 2nd Read ZONING NO 01: - THE TIMBERS AT SNOWMASS PLANNED UNIT pEVELOPMENT PARCEL K (INCLUDING SIC EASEMENT AND UNDESIGNATED TRACT LYING NORTH OF FARAWAY ROAD). FARAWAY RANCH ACCORDING TO THE GROSS PARCEL PLAT THEREOF RECORDED MARCH 18. 1985 IN FLAT BOOK 17 AT PAGE 5 TOWN OF SNOWMASS VILLAGE. COUNTY OF PITKIN, STATE OF COLORADO _ Mus ors AWOCH rE W s q EASEAIE $ n nwf� WAY �g REALIGNED FARAWAY MGMi or Q 'g d m g 3 SKI EAfNi d n X 4 m C N �4 = I[OIIT flYl 0 S P �EERSReO� , m No ° ppt t 4 y t t s re...e+u... GRAPMC SC.LC EXHIBIT "A" TC Ordinance No. 17, Series of 2000 (Page 2 of 3) PARCEL K (AFTER R.O.W. REALIGNMENT) (LOT 1 AND SKI EASEMENT) A PARCEL OF LAND SITUATED IN PARCEL K,FARAWAY RANCH, ACCORDING TO THE GROSS PARCEL PLAT THEREOF RECORDED MARCH 18, 1985 IN PLAT BOOK 17 AT PAGE 5 OF THE PIKIN COUNTY RECORDS.SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL K,BEING A FOUND REBAR WITH CAP MARKED L.S.#15710,ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF BRUSH CREEK ROAD;THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY N 68 003'36"E,297.86 FEET;THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 103.14 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 1871.70 FEET;A CENTRAL ANGLE OF 03°09'26",CHORD BEARS N 69°38'19"E,103.12 FEET;THENCE LEAVING SAID SOUTHERLY RIGHT-OF- WAY LINE S 32 054'23"W 92.71 FEET;THENCE 320.13 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 210.00 FEET,A CENTRAL ANGLE OF 87°20'36",CHORD BEARS N 76°34'41"W,290.02 FEET;THENCE N 59°45'01"W, 104.63 FEET;THENCE 136.94 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 165.00 FEET,A CENTRAL ANGLE OF 47°33'01",CHORD BEARS N 83°31'32"E, 133.04 FEET;THENCE S 72 041'57"E, 82.17 FEET;THENCE 35.94 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 235.00 FEET,A CENTRAL ANGLE OF 08°45'44",CHORD BEARS S 77°04'49"E,35.90 FEET;THENCE S 60°00'00"W,325.16 FEET;THENCE S 30°00'00"E, 181.24 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF RIDGE LANE;THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF- WAY LINE 11.35 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 203.85 FEET,A CENTRAL ANGLE OF 03°11'26",CHORD BEARS S 58°12'46"W, 11.35 FEET;THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF WAY S 56°35'00"W,241.76 FEET;THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY 106.02 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 528.97 FEET,A CENTRAL ANGLE OF 11°29'00",CHORD BEARS S 50°52'30"W, 105.84 FEET;THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 45°08'00"W,32.68 FEET;THENCE ALONG CONTINUING ALONG SAID NORTHERLY RIGHT-OF- WAY 97.22 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 154.73 FEET,A CENTRAL ANGLE OF 36°00'00",CHORD BEARS S 63°08'00"W,95.63 FEET;THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 81°08'00"W,34.68 FEET;THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE N 14°58'00"E, 151.44 FEET;THENCE N 75°02'00"W,330.04 FEET;THENCE S 04°15'00"W,80.00 FEET;THENCE S 21-48'00"W,336.98 FEET;THENCE 21.25 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 204.63 FEET,A CENTRAL ANGLE OF 05 056'59",CHORD BEARS N 68 005'29"W,21.24 FEET;THENCE N 65°07'00"W, 7.97 FEET;THENCE N 03°08'00"E, 162.00 FEET;THENCE N 00°26'00"E,541.23 FEET;THENCE N 03°33'00"W,0.37 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 9.420 ACRES, MORE OR LESS. AND; BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BRUSH CREEK ROAD A REBAR WITH CAP MARKED L.S.#15710 AND BEING THE NORTHEAST CORNER OF PARCEL K ALSO BEING THE NORTHWEST *019 EXHIBIT "A" TC Ordinance No. 17, Series of 2000 (Page 3 of 3) CORNER OF PARCEL N,THENCE LEAVING SAID RIGHT-OF-WAY LINE S 20°20'00"E,222.00 FEET;THENCE N 72°41'57"W,22.36 FEET;THENCE 190.88 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 230.00 FEET,A CENTRAL ANGLE OF 47°33'01",CHORD BEARS S 83°31'32"W, 185.45 FEET;THENCE S 59°45'01"W, 104.63 FEET;THENCE 221.04 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 145.00 FEET,A CENTRAL ANGLE OF 87°20'36",CHORD BEARS N 76°34'41"W,200.25 FEET;THENCE N 32°54'28"W,75.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BRUSH CREEK ROAD;THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 55.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 1871.70 FEET,A CENTRAL ANGLE OF 01%%42'35",CHORD BEARS N 74°07'51"E,55.85 FEET;THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 74 059'17"E,211.73FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 219.57 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 575.43 FEET,A CENTRAL ANGLE OF 21°51'45",CHORD BEARS N 64°03'25" E,218.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1.690 ACRES,MORE OR LESS. 6 g COUNCIL COMMUNIQUE MEETING DATE: July 10, 2000 BY: Steve Connor STAFF: Chris Conrad SUBJECT: RECONSIDERATION OF ORDINANCE NO. 12, SERIES OF 1999, AN ORDINANCE AMENDING ORDINANCE NO. 6 SERIES OF 1994, REZONING A 3.201 ACRE PORTION OF PARCEL F, LOT 3, EAST VILLAGE PUD FROM OPEN SPACE TO PUBLIC. OVERVIEW: This Ordinance rezoned a 3.2 acre Parcel in East Village from OS (Open Space) to PUB (Public) to permit the Snowmass Nature Center Educational Facility. Reconsideration of this Ordinance will, in effect, rezone said Parcel to Open Space, as originally stated in Ordinance No. 6, Series 1994. In accordance with Robert's Rules of Order, reconsideration of a motion shall be moved by any member of the Council that voted in favor of the original motion. In other words, Council member Brady, Costello, or Manchester must move for reconsideration, Any member of Council may second the motion. STAFF RECOMMENDATION: Staff recommends that Council move to reconsider Ordinance No. 12, Series of 1999, and vote against the Ordinance, thereby rezoning this Parcel to Open Space. I TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 12 SERIES OF 1999 AN ORDINANCE AMENDING ORDINANCE NO. 6, SERIES OF 1994, THE EAST VILLAGE PLANNED UNIT DEVELOPMENT LAND USE PLAN MAP AND SUBDIVISION PLAT, AS APPROVED, AND TO REZONE A 3.201 ACRE PORTION OF PARCEL F, LOT 3, EAST VILLAGE'PLANNED UNIT DEVELOPMENT FROM OS-OPEN SPACE TO PUB-PUBLIC IN ORDER TO PERMIT THE SNOWMASS NATURE CENTER EDUCATIONAL FACILITY. WHEREAS, the Snowmass Village Town Council previously approved the East Village Planned Unit Development ("PUD") and Land Use Plan in Ordinance No. 6, Series of 1994 ("Ordinance 6"); and WHEREAS, the East Village PUD Land Use Plan Map was subsequently recorded in Plat Book 35 at Page 60 in the records of the Pitkin County, Colorado Clerk and Recorder; and WHEREAS, the Snowmass Nature Center, Inc. ("Applicant") has made application to amend the East Village PUD in order to permit the Snowmass Nature Center educational facility (the "Project') to be located within a 3.201 acre portion (the "Subject Area") of Parcel F, Lot 3, East Village Planned Unit Development("Lot 3"), as further described within Exhibit A of this ordinance; and WHEREAS, Lot 3, which is 18.63 acres in size and currently zoned OS-Open Space, was conveyed to the Town of Snowmass Village (the "Town") in 1994 as part of the East Village development agreement; and WHEREAS, the Town, as landowner, has consented to allow the Applicant to submit the Nature Center proposal; and WHEREAS, the application had been reviewed by the Planning Director who determined that it could be processed as a minor amendment of the East Village PUD pursuant to Section 16A-5-390(2) of the Snowmass Village Municipal Code (the "Municipal Code'); and WHEREAS, full authorization of the Project, as described within Exhibit A, will necessitate: 1) directing the applicant to conduct a Wildlife Habitat Analysis of the Subject Area; 2) subsequent review and acceptance of the wildlife report, including mitigation and enhancement plan; 3) amending the permitted uses and zoning parameters specified for Lot 3 within the East Village PUD Land Use Plan Map; 3) rezoning the 3.201 acre portion of Lot 3 from OS-Open Space to PUB-Public; 4) amending the original "Two Creeks and The Pines Final Wildlife Enhancement and Management Plan" within Ordinance 6; 5) remove the TC Ord.9942 Page 2 "Conservation Corridor" designation from the subject area on the East Village subdivision plat; and 6) obtain Special Review approval from the Planning Commission for the placement of their educational facility within the PUB-Public zone district; and WHEREAS, procedural items 1 and 2 above regarding the Wildlife Habitat Analysis and wildlife report are separate matters not part of this ordinance which shall be processed pursuant to 16A-4-20(d) of the Municipal Code; and WHEREAS, procedural item 6 above regarding Special Review involves a separate application not part of this ordinance which may only be submitted following completion of items 1-5 above and with the specific authorization of the Town Council; and WHEREAS, the Snowmass Land Company has agreed to amend the Special Warranty Deed use restrictions that had been applied to Lot 3 in order to permit the Applicant's proposal to occur; and WHEREAS, in accordance with the posted, mailed, and published notice requirements specified within Chapter 16A of the Municipal Code, a public hearing was held before the Snowmass Village Town Council on October 4, 1999 to receive public comment concerning this application; and WHEREAS, the Town Council has received public testimony at the Public Hearing, reviewed the application materials, heard a presentation by the applicant and received the report and recommendations from the Town staff; and NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Findings. The Town Council finds as follows: 1. Lot 3 is owned by the Town and a motion to approve the use of the Subject Area within Lot 3 so that the Applicant could proceed with a "Land Use Application"was approved at the July 20, 1998 Town Council meeting. 2. The Applicant submitted the application for Preliminary Plan Review and rezoning of the Project in accordance with the provisions of Chapter 16A of the Municipal Code. The Preliminary PUD Plan application provided the Minimum Contents required pursuant to Section 16A-5-220(d) and 16A-5-390(2)(b), including both written and graphic materials, in sufficient detail to deem the application complete for review. cl TC Ord.99-12 Page 3 3. All public notification requirements, as specified within Sections 16A-5-220(c)(6) and 16A-5-390(2)(e) of the Municipal Code, have been satisfied. 4. The Subject Area is identified as being within an area designated "Migration Corridor" on the "Elk Season Activity 1" map within the Snowmass Village Comprehensive Plan (the "Comprehensive Plan"). Section 16A-4-20(c)(2) of the Municipal Code states that these maps are general in nature which need to be verified on the ground pursuant to Subsection (d), Wildlife Habitat Analysis. Based upon written testimony provided by Dr. Dan Baharav of Baharav Environmental Consulting, Randy Cote with the Colorado Division of Wildlife ("CDOW), and Dawn Keating, the Town's Wildlife Specialist, there may be reason to believe that the Subject Area is not within the current migration corridor and that the proposed Project will not contribute additional negative impacts to the migration corridor's viability. Section 16A-4-20(e) of the Municipal Code, however, requires that three-quarters (3/4) of the Town Council members adopt a resolution directing the developer to develop a Wildlife Habitat Analysis, including mitigation and enhancement plan, for subsequent review and approval prior to authorizing any development within the Subject Area. This occurred with the adoption of Town Council Resolution No. 52, Series of 1999. The Town Council finds that, with the exception of the rezoning, the approvals granted pursuant to this ordinance should not take effect until such time as an ordinance approving the Applicant's final Wildlife Mitigation and Enhancement Plan and authorizing development of the Project has been adopted. 5. The Applicant proposes to amend the Two Creeks and The Pines Final Wildlife Enhancement and Management Plan contained within Exhibit B of Ordinance 6 by: a) Amending "Management Zone A" to exclude the Subject Area and to designate said area as being within "Management Zone B". b) Amending the Enhancement Plan Landscaping present requirement which specifies that five (5) Blue Spruce, thirty(30) Willows, eight (8)Aspens and five (5) Chokecherry bushes be planted within Lot 3 so that the Snowmass Land Company may be permitted to provide a greater mix of trees and shrubs equivalent to or better than what is presently required, in terms of quantity and/or quality as determined by the Town, which would more appropriately enhance the existing aspen ecosystem and wildlife values within Lot 3. c) Incorporating the recommendations and guidelines contained within the Applicant's final Wildlife Mitigation and Enhancement Plan to supercede the original plan as it would apply to the Subject Area and/or Lot 3 only. TC Ord.99-12 Page 4 The Town Council has reviewed the Applicant's proposal and finds that the above proposed amendments to the original PUD would be generally consistent with Section 16A-5-390(3), Review Standards, of the Municipal Code; however, amendments to the Two Creeks and The Pines Final Wildlife Enhancement and Management Plan contained within Exhibit B of Ordinance 6 should occur at the time the Applicant's final Wildlife Mitigation and Enhancement Plan is adopted by separate ordinance. 6. The Town Council has reviewed the Applicant's proposal to amend the permitted uses and zoning parameters specified for Lot 3 within the East Village PUD Land Use Plan Map, as described below, and finds that the proposed amendments to the original PUD would be generally consistent with Section 16A-5-390(3), Review Standards, of the Municipal Code. 7. The Town Council has reviewed the Applicant's proposal to rezone the 3.201 acre portion of Lot 3, as described within Exhibit A, from OS-Open Space to PUB-Public and finds consistency with Section 16A-5-220(e), Review Standards (Rezoning), and Section 16A-5-220(e), Review Standards for Rezoning of Lands Zoned Open Space or Conservation, of the Municipal Code. The rezoning of the property in order to provide for the creation of the proposed Nature Center has been found to be in the public interest. The rezoning of only a portion of Lot 3 will preserve the open space designation for all but the.smallest amount determined to be needed to reasonably accommodate the Project and as necessary to promote the public health, safety and welfare. The PUB-Public zone district is the most restrictive district which would permit, subject to Special Review, the educational facility and parking lot proposed by the Applicant. 8. The Town Council has reviewed the Applicant's proposal to remove the "Conservation Corridor" designation from the Subject Area on the East Village subdivision plat and finds: a) The placement of this plat designation on certain areas within the East Village was intended to identify what had been identified as "Management Zone A" within the Two Creeks and The Pines Final Wildlife Enhancement and Management Plan contained within Exhibit B of Ordinance 6. b) The Applicant proposes to remove the Subject Area from being within "Management Zone A" and to submit a wildlife analysis report which will include a new Wildlife Enhancement and Management Plan specific to the Subject Area and proposed Project. 5 TC Ord.99-12 Page 5 c) Said plan must be reviewed and accepted by separate ordinance which must be approved by the Town Council prior to any development occurring within the Subject Area. d) There will then be no need to retain the platted "Conservation Corridor" designation for the Subject Area and it's removal may be processed as an administrative technical amendment pursuant to Section 16A-5-250(a) of the Municipal Code provided written authorization is given by the Snowmass Land Company and necessary documents are prepared by the Applicant. Section Two: Amending Ordinance 6 and the East Village PUD Land Use Plan Map. The Town Council hereby amends the map diagram, Permitted Uses by Right, Major Structures and Land Use Parameters for Parcel F, Lot 3, of the Final Land Use Plan approved within Section 2 of Town Council Ordinance No. 6, Series of 1994, as recorded in Book 764 at pages 207-284, and as subsequently signed and recorded in Plat Book 35 at Page 60 in the records of the Pitkin County, Colorado Clerk and Recorder, to read as shown and described within Exhibit B of this ordinance. Said approval is subject to the conditions contained within Section Five below. Section Three: Rezoning from OS-Open Space to PUB-Public Zone District The Town Council, upon finding it to be in the public interest that the proposed rezoning occur in order to provide for the creation of the proposed Nature Center, hereby approves by a two-thirds (2/3) vote of the entire council the rezoning of the subject 3.2 acre portion of Lot 3, as described within Exhibit A of this resolution, from the OS-Open Space to PUB-Public Zone District. Section Four: Amendment to the East Village Subdivision Plat. Plat Note No. 1 on the subdivision plat for the East Village Planned Unit Development, as recorded in Plat Book 35 at Page 56 in the records of the Pitkin County, Colorado Clerk and Recorder, specifies the necessary requirements to modify or amend the "Conservation Corridor" designated on the plat. In accordance said requirements, the Town Council hereby consents to the removal of this designation from the subject 3.2 acre portion of Lot 3, subject to the conditions contained within Section Five below. Section Five: Conditions of Approval. 1. The approvals granted pursuant to Sections Two and Four of this ordinance shall not take effect until such time as a separate ordinance approving the Applicant's TC Ord.99-12 Page 6 final Wildlife Mitigation and Enhancement Plan, thereby amending the Two Creeks and The Pines Final Wildlife Enhancement and Management Plan contained within Exhibit B of Ordinance 6 and authorizing development of the Project, has been adopted. 2. No building permits may be issued or development of any kind occur without prior written authorization of the Town and/or Special Review approval of a design specific proposal. 3. As landowner, the Town reserves the right to rescind this ordinance, to include reverting the zone district classification for the subject 3.2 acres back to the OS- Open Space district, should Condition No. 1 above not be satisfied within one (1) year, or should the issuance of a building permit not occur within three (3) years, from the date of second reading of this ordinance. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on November 1, 1999 upon a motion by Council Member Mercatoris, the second of Council Member Brady, and upon a vote of 4 in favor and 1 against. Council Member Hatfield opposed. READ, APPROVED AND ADOPTED as amended, by the Town Council of the Town of Snowmass Village on Second Reading on November 15, 1999 upon a motion by Council Member Costello, the second of Council Member Brady, and upon a vote of 3 in favor and 1 against. Mayor Manchester and Council Members Brady and Costello voted in favor. Council Member Hatfield opposed. Council Member Mercatoris was absent. TOWN OF SNOWMASS VILLAGE 1 By: T. Michael Manchester, Mayor ATTEST: 1l/ n Trudi Worline, Town Clerk EXHIBIT A Town Council Ordinance No. 12, Series of 1999. LEGAL DESCRIPTION ALL THAT PORTION OF PARCEL F LOT 3, EAST VILLAGE PLANNED UNIT DEVELOPMENT, A SUBDIVISION IN THE COUNTY OF PITMN, STATE OF COLORADO, ACCORDING TO THE RECORDED PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL F LOT 3, THENCE 500'49'15"E, 179.40 FEET ALONG THE WEST LINE OF SAID PARCEL F LOT 3; THENCE N75'00'00'E, 77.75 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, 219.91 FEET ALONG THE ARC OF SAIO CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 60'00'00' AND BEING SUBTENDED BY A CHORD THAT BEARS 575'00'00"E, 210.00 FEET; THENCE $45'00'00"E, 86.77 FEET; THENCE S59'00'00"E, 178.72 FEET; THENCE 537'00'00"E, 73.39 FEET; THENCE 586'00'00'E. 59.13 FEET; THENCE N6WOO'00"E, 20.29 FEET; THENCE N41-00'00"E, 35.25 FEET; THENCE N06'00'00"W, 36.75 FEET,TO A POINT OF CURVE TO THE LEFT; THENCE NORTHWESTERLY. 43.91 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE, SAID ARC HAVING A RADIUS OF 165.00 FEET, A CENTRAL ANGLE OF 15'14'52' AND BEING SUBTENDED BY A CHORD THAT BEARS N13037'26 0W. 43.78 FEET; THENCE NORTHERLY, 124.68 FEET ALONG THE ARC OF SAID REVERSE CURVE TO THE NORTHERLY LINE OF SAID PARCEL F LOT 3, SAID ARC HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 47'37'32" AND BEING SUBTENDED BY A CHORD THAT BEARS NO2'33'54'E, 121.12 FEET;. . THENCE NORTHWESTERLY, 109.36 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL F LOT 3 AND ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 495.00 FEET, A CENTRAL ANGLE OF 12'39'30" AND BEING SUBTENDED BY A CHORD THAT BEARS N51.45'15"W, 109.14 FEET; THENCE N58'05'00"W, 206.54 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL F LOT 3 TO A POINT OF CURVE TO THE LEFT; THENCE NORTHWESTERLY, 67.13 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL F LOT 3 AND ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 120.00 FEET. A CENTRAL ANGLE OF 32'03'00' AND BEING SUBTENDED BY A CHORD THAT BEARS N7rO6'30"W, 66.25 FEET; THENCE S89-52'00"W, 272.26 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL F LOT 3 TO A POINT OF CURVE TO THE RIGHT; THENCE WESTERLY, 34.44 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL F LOT 3 AND ALONG THE ARC OF SAID CURVE TO THE POINT OF BEGINNING. SAID ARC HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 4'11'55' AND BEING SUBTENDED BY A CHORD THAT BEARS N88'02'02"W, 34.43 FEET. AREA + 3.201 ACRES, MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PL 023529 _ DREI(EL BARBELL LL 8 CO.. 4840 PEARL EAST CIRCLE /U4 BOULDER. COLORADO 80301-2475 (303) 442-4338 EXHIBIT B Town Council Ordinance No. 12,Series of 1999. The Town Council hereby amends the map diagram, Permitted Uses by Right, Major Structures and Land Use Parameters for Parcel F, Lot 3, of the Final Land Use Plan approved within Section 2 of Town Council Ordinance No. 6, Series of 1994, as recorded in Book 764 at pages 207-284, and as subsequently signed and recorded in Plat Book 35 at Page 60 in the records of the Pitkin County, Colorado Clerk and Recorder, as follows: I: The zoning and land use parameters for Parcel F shall be amended to add: D. Uses permitted within Lot 3 subject to Special Review pursuant to Chapter 16A of the Snowmass Village Municipal Code: • Environmental Educational Facility and associated uses. • Associated Parking for Nature Center. • Incidental retail, food and beverage service and sales. • Accessory officeladministrative use. Educational interpretive signs • Snowmass Nature Center identification sign • Outdoor lecture area. • Picnic tables, sitting benches, campfire ring and associated facilities. 2. Paragraph B,Majors Structures, for Parcel F shall be amended to read: B. Major Structures 1. Lot 2—ski lifts as defined on the Final Plat easement. 2. Lot 3—One (1)Educational Facility for use as Nature Center. 3. Paragraph C,Land Use Parameters, for Parcel F shall be amended to read: C. Land Use Parameters 1. Lot 2: As required to construct ski lift within the easement shown on Final Plat. 2. Lot 3: Maximum allowed square footage(FAR): 2,800 s.f. Maximum allowed building height: 28 ft. Maximum allowed parking spaces: 14 Maximum size of identification sign: 12 s.f. Maximum number of identification signs: 1 Maximum number of interpretive signs: 12 TOWN COUNCIL COMMUNIQUE Meeting Date: July 10, 2000 Presented By: Gary Suiter, Town Manager Subject: Resolution No. 26, Series of 2000, a resolution appointing five new members to the Town of Snowmass Village Arts Advisory Board Overview: Currently, there are 5 openings available on the Arts Advisory Board, (which was mistakenly noted as 7 openings at the last Council meeting) so the first 5 applicants have been appointed to the Board and the 6th applicant will be an "alternate member" until the AAB Ordinance is amended and approved, expanding the allowed number of members to 15. Currently, 6 of the 7 current members' terms will expire in 2002. In order to allow for overlapping terms, as specified in the Code, four of the new members' terms will expire in January of 2001. Then starting in 2001, all terms will be for 2 years. Kathy Hansen was the first applicant so she will fill the vacancy that was left by Chris Nolen, who's term expired in January of this year. Recommendation: Approve Resolution. khaaretlllown council cormamiqu4 atoll (muter on do"w dark conpulmAIGk ew/general 10 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 26 SERIES OF 2000 A RESOLUTION APPOINTING FIVE NEW MEMBERS TO THE TOWN OF SNOWMASS VILLAGE ARTS ADVISORY BOARD WHEREAS, Section 8.1 of the Home Rule Charter states that members of all boards and commissions shall be appointed by the Town Council; and WHEREAS, Five vacancies are available on the Arts Advisory Board; and WHEREAS, the following citizens have expressed an interest to serve on the Arts Advisory Board. WHEREAS, Ordinance No. 9, Series of 1993 states that the Arts Advisory Board shall consist of not less than five (5) nor more than twelve (12) members; and NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One: AoDointments and Terms That the following citizens are hereby appointed to serve as follows: ARTS ADVISORY BOARD 2-YEAR TERM Kathy Hansen 07/00— 01/02 1-YEAR TERM Judy Clauson 07/00—01/01 Megan Bly Humphrey 07/00—01/01 Shirley Millard 07/00—01/01 Lois L. Sando 07/00—01/01 INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 10th day of July 2000 with a motion made by Council member and seconded by Council member , and by a vote of_ in favor to opposed. TOWN OF SNOWMASS VILLAGE ATTEST: T. MICHAEL MANCHESTER, Mayor TRUDI WORLINE, Town Clerk TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: GARY SUITER, TOWN MANAGER RE: MANAGER'S REPORT DATE: JULY O6, 2000 *R44**1nY4444MKf4*i**kk44**fk4Yt41Mt44KM►444**4#*I4*4**O*4444444*******,Y4*4f44444+!4444!444*M44*4444444444444 *JOB OPENINGS As you know, we have been advertising and interviewing for the positions of Wildlife Specialist, Senior Planner, and Assistant to the Town Manager. At Council's request, I have attached reports that provide you with the current status and description of both the Wildlife Specialist and Assistant to the Town Manager positions. We are continuing to advertise and interview for the Senior Planner position. Staff would like to proceed with filling these positions as soon as possible and will happy to answer any questions that you may have. WOODRUN DUMPSTER In order to move this matter forward, Hunt Walker is scheduling a meeting with Gary Ross, Wayne Floyd, a Woodrun V Board Member and himself, in order to further examine the possibility of locating the enclosure just below Village Run Circle. I have visited the proposed site and believe it has the potential to meet everyone's objectives. TRAIL CLOSURES As a follow-up to Council's request, Staff contacted the Division of Wildlife for their opinion on Trail closure dates. The DOW recommended that we stick to our established trail closure and opening dates so as to provide consistency with the public and eliminate possible confusion. I rode the Tom Blake Trail on opening day and encountered large game. Additionally, there were fresh signs of wildlife on the Rim Trail. It seems that the trail closure dates are working as planned. TOWN'S FINANCIAL ADVISOR Please be informed that the Town's Financial Advisor, Russ Caldwell, has moved from Bigelow& Company to Kirkpatrick Pettis, a Division of Mutual of Omaha. Russ's new firm possesses substantial assets, is well established in municipal bond markets and has performed well to date. If Council has any questions or needs further information, please let me know and I will advise Russ accordingly. SPECIAL MEETING Please be advised that a Special Meeting has been scheduled for Wednesday, July 2e at 4:OOpm to hear the Sketch Plan presentation for Faraway Ranch North, a.k.a. Snowmass Center Expansion. This meeting was scheduled and noticed before the Snowmass Club application was withdrawn. We don't expect it to consume a great deal of time and will video tape the meeting for those who cannot attend. Please let me know if you have problems or concerns with this. *COUNCIL PICTURES We need to set a date for the annual Council photograph. As you may know, the last session was not fruitful and we promise to hire a better photographer this time around. For convenience sake, you might choose a date of a Regular Council Meeting. *COUNCIL MINI-RETREAT I'm still holding out for a Town Council Retreat, even if only for a half-day. There are many important issues and projects facing the village right now that we could attack more effectively, with some additional foresight and strategic planning. I would like to make the last few months of this Council as 05-25-OOMR Page Two productive as possible. We will also be laying some valuable groundwork for the Council that takes office in mid-November. Please let me know what works for you. TIMBERLINE/AT&T LEASE am continuing to meet with Don Quast and AT&T in an effort to reach agreeable terms for the modification of the Timberline lease. My goal is to bring this before Council at the July 17th meeting. 2001 BUDGET PROCESS For your information, the 2001 Budget process is officially underway. Staff will be preparing and reviewing budgets through July and August. The Financial Advisory Board will review the budgets at the end of September and Town Council review is scheduled anytime between October 16`" and October 26'". Please make a note of those dates and we will lock in more specific dates in late August or early September. SVRA CONFERENCE CENTER PROPOSAL As you probably know the SVRA Board of Directors has authorized the proposed conference center issue to go before a vote of the membership. A 60%vote is required before the proposal can proceed. With an affirmative vote, we can anticipate this project to come before the Planning Commission and Town Council in the near future. Additionally, we will need to establish terms with the SVRA for the use of air rights over Daly Lane. "ENTRYWAY SIGN You may recall that the Second Reading of the Pitkin County Land Use Code Amendment, authorizing government jurisdictional signs, is scheduled for the Commissioners meeting on July 12th. If approved, we will still face multiple hurdles before this project can be realized. We would need approval from CDOT for the new location, a possible approval from the Zoning Board of Adjustment for any variance, and ultimate approval from the County Commissioners. There is potential for design and location modifications by any or all of these groups. Staff suggests several options: (a)we proceed with patience and diligence in hopes of having a sign constructed before the 2001 summer season; (b)we encourage passage of the Land Use Code amendment, regroup, and take another run at this sometime next year; or(c)discontinue our efforts on the Entryway sign and redirect our funds to another project such as the Community Pool. Please advise how you wish to proceed. Town of Snowmass Village Memo To: Town Council From: Gary Suiter, Town Manager Date: 06/30/00 Re: Assistant to the Town Manager Per Council's request, this is to provide you with some background and current information on the Assistant to the Town Manager(ATM) position. The position was funded in 1998, when Leslie Klusmire was appointed to the job. Since that time, she has performed many important tasks and projects for the Town. Some of the more significant projects include: • Tracking and Reporting on Regional Transportation Issues • Producing Annual Reports Producing Twice-Monthly Status Reports • Assisting with Comprehensive Plan • Cataloging over 700 conditions of Burnt Mountain/East Village approvals for tracking purposes. • Assisting with Land Use Code Revisions. • Working on TCI, Parcel N, KSNO, Holy Cross, Fire District and other contracts. Providing support to the Planning Function. In addition, she conducted research on multiple policy issues and projects, too numerous to mention. Her last day is August 1st. For your perusal, I have attached the original Job Description (which has not changed), a current list of tasks and projects for the ATM, and a profile of the position that I developed for this current recruiting process. Right now, we have received about 30 applications and I •Page 1 have interviewed eight candidates. All of the finalists are"top notch" and extremely qualified for the job. Any of them would be an asset to the Town. The salary range is about $42,000 - $55,000, annually. I will not make an offer until I receive an OK from Town Council. Finally, I respectfully request that Council continue the funding of this position. In doing so, I will be able to perform more effectively on Town Council projects by ensuring follow-up, clarifying staff direction, clarifying process and overall, being more proactive with your policy directives and projects. •Page 2 ASSISTANT TO THE TOWN MANAGER Description of Work: Under general supervision of the Town Manager, provides administrative support and assistance to the Town Manager. Performs administrative work involving research of community policy issues and development of policy recommendations. Coordinates special projects and prepares reports for both the town Manager and the Town Council. Assists with development of the Towns administrative policies and budget programs. Investigates citizen complaints. Serves as public information officer. Duties-Examples of Work: Prepares reports for Council agenda items. Conveys Town Council policy direction and staff directives to the appropriate Department or Division and follows up to ensure task completion. Coordinates with department heads supervisors, and support staff in,order to effectively track special projects, ensuring they are completed on time and within budgetary constraints. Submits clear and concise reports to the Town Manager and the Town Council. Performs necessary research to assist the Town Manager in analyzing historical data and developing policy recommendations for presentation to the Town council. Areas of study may include regional transportation planning, base area development and community redevelopment. Will work closely with other Town Departments and private sector organizations in order to develop policy recommendations that are consistent with the Town Council's goals and objectives. Will assist the Town Manager with researching internal administrative policy matters on issues such as housing regulations, personnel policies/issues and organizational structure. Responsible for preparing and publishing annual reports and newsletters. Grant writing may be required. Qualifications: Strong analytical, interpersonal and managerial skills required. Ability to sift through large amounts of information and condense into prioritized, relevant issues. Must have superior and proven organizational skills. Must communicate effectively with others and flourish in a team environment. Must possess an ability to produce quality written reports and to verbally present the reports in an understandable manner. Knowledge of municipal governing principles is required. Experience and Training: Any combination of experience and training equivalent to a four-year college degree in Public Administration, Business Management or a directly related field. Masters degree preferred. Three years increasingly responsible experience in local government administration. Administrative experience in a City Manager's office is desirable. Special Requirements: Possession of a valid Colorado driver's license. p:/shares/cierk/manager.xsc/h.r./asst. to tm job descrip ATM TASKS AND PROJECTS Updated 6/21/00 • Council Prlority- Pursue funding for Parcel N housing project. Check grants, Pitkin County, State Division of Housing, and internal options (ballot question). • Council Priority—We need to develop information on the Draw Parcel for a future housing project. Coordinate with Joe Coffey. This is a complex project with many variables. See me for details. • Research Mall properties square footages and property values at Assessor's office. Coordinate with EPS for inclusion in time-series cash flow model. • Research market data on value and marketability of parking space leases in resort areas. Provide info to EPS. • Research info on Mall Transit Plaza Community Integration concept (Base Village linkage). Cover the following: competitive environment; vision of the future; resort trends; document existing condition, including photos and retail mix; address opportunities to solve the problems. This will require discussions with Walter. • Research Broadband Service in Snowmass Village and RF Valley. What are resources available? What can TOSV do to get it here? • Finish Annual Report ASAP. • Continue working on LUC Articles IV and V. • Continue attending Transit meetings and report to Gary and Staff committee. • Assist Trudi with Reso. 50, 1999 attachments (S'mass Club Phase 1). • Develop "in-service"' day concept with public schools. See TMM. He has sent a letter to School Dist and received a response. • Research and list all possible taxing ballot issues for this Nov. election. Call Special Districts/Local Governments, etc. Need bullet point report. • Assist Gary with Personnel Evaluation system "tune up". Needs verbiage check and formatting help. • Give me ideas for more positive outreach and PR with the residents. We do a lot of great things that go largely unnoticed. • Work with SRC to close out Wildcat/Richer annexation issues. Coord. with Planning. • Give me ideas for addressing organizational weaknesses identified by staff (attached). • Update TOSV administrative policies. Some older policies are no longer relevant. Need a brief status report. • Review ICMA Manual on Citizen Surveys. Provide me with a recommendation on how we might proceed. �1 ATM PROFILE Who Will This Job Appeal To? • Someone who enjoys multi-tasking. • A person who wants to take on an active role in the community. • Someone who enjoys making public policy more effective. • A person with a "public service" work ethic. • An individual who places a high value on living in a highly desirable area. • A person who enjoys working for and interacting with people. • Someone who likes to gather information and write about it. An individual who welcomes challenge and change. • Someone who likes to do detailed work and can stay focused. •. An individual who wants to spend a few years with theTown. • A generalist who is willing to take risks. Personal Qualities • Patience. • "Can do" attitude. Team player. • Easily "changes gears". • Leads by example. • Sees the big picture. Business Skills • Good time management skills. • Proven organizational skills. • Excellent communicator and relationship builder. • Clear speaker. • Strong customer service orientation. • Develops effective public and community relations. • Creative and effective problem solver. • Follows up and brings closure to projects. • Fosters a friendly, professional work environment. Technical Skills • Strong working knowledge of computers, eq. MS Word, Excel, Publishing • Keyboarding skills. • Research skills. • Knowledge of local government processes. Memorandum TO: Town Council THRU: Gary Suiter, Town Manager FROM: Craig Thompson DATE: 07/05/2000 RE: Wildlife Specialist Position At the Tuesday, May 30 Town Council meeting, staff was requested to prepare a memo outlining the duties of and justification for the Wildlife Specialist Position. I have attached two exhibits to this memo. Exhibit A(Wildlife/Environmental Specialist, 1999 Summary of Department Role and Accomplishments) describes the four main functions for this position with highlights of 1999 tasks and accomplishments. Exhibit A also includes specific accomplishments and action as performed by the Wildlife Specialist in 1999. Exhibit B (Goals for 2000) describes the major projects to be completed by the Wildlife Specialist for 2000. This, however, does not encompass all of the duties and responsibilities of the Wildlife Specialist as indicated in Exhibit A. As indicated in the attached exhibits,the Wildlife Specialist performs a very important role in the protection of wildlife in the Brush Creek valley. Specifically, this role includes duties and responsibilities in enforcement,monitoring, development review, and education/public outreach. Of critical importance in the year 2000 and beyond are the following: 1. Monitoring and compliance of the Wildlife Enhancement and Management Plans (WEMPs) for East Village and Snowmass Ski area. a. The Snowmass Land Company(Two Creeks and the Pines) is currently in their final year of WEMP implementation. Final report will be prepared and presented to Council in 2001. 91 b. 2004 is the final year of WEMP implementation for the Aspen Skiing Company (Snowmass Ski Area). Final report will be prepared and presented to Council in 2005. 2. Annual trail closures including the placement of newspaper ads and press releases in early May and early October. 3. Development review for East Village building permits per Ordinance 9-94. 4. Implementation of the wildlife protection components of the Droste Conservation Easement Agreement. S. Project oversight for the preparation of the Brush Creek Field Guide. Staff Recommendation: Town Council continues to budget for this position at 20 hours per week and authorize the Community Development Director to recruit and fill the position. V O I EXHIBIT A WILDLIFE/ENVIRONMENTAL SPECIALIST SUMMARY OF DEPARTMENT ROLE AND ACCOMPLISHMENTS 1999 Dawn Keating THE WILDLIFE AND ENVIRONMENTAL PROGRAM HAS FOUR MAIN FUNCTIONS: 1. Implement and evaluate the Town's wildlife management programs. 1999 Highlights: enforced seasonal trail closures in wildlife sensitive areas and urged motorists to avoid Owl Creek Road during elk migration season; assisted in the review and implementation of the Town's new bear protection ordinance; managed fence opening during elkldeer migration; monitored local wildlife populations through field studies. 2. Monitor the implementation of the wildlife mitigation requirements for Burnt Mountain and East Village. 1999 Highlights: worked with the Snowmass Land Company and the Aspen Skiing Company on implementation schedules and annual reports of their wildlife plans, erosion control and wetland mitigation projects. Gave presentation to Aspen Ski Company employees on the Town's wildlifeprograms and clarified implementation of Burnt Mountain mitigation measures in conjunction with Town-wide review of Ordinance 9—94. 3. Provide comments and recommendations on proposed development applications that have a wildlife component. 1999 Highlights: reviewed and made recommendations on the Wildlife Enhancement and Mitigation Plan for the Seven Star Ranch development proposal. Also, worked on a committee to identify and preserve the wildlife values on the Droste Ranch. Reviewed development applications at Wildcat Ranch, and commented on the Brush Creek Corridor Study and the White River National Forest Plan Update. 4. Assist with the development and implementation of public education programs designed to inform the community about the area's natural resources. 10 n 1999 Highlights:Inaugurated the production of afield guide on the Brush Creek watershed, distributed press releases on on going wildlife management programs, and help organize airplane flights over sensitive elk habitats for elected officials. Specific Accomplishments and Actions in 1999 Dawn Keating, Wildlife Specialist Development Review • Reviewed and commented on the Seven Star Ranch Wildlife Plan. • Participated in a committee that explored conservation development options for the Droste Ranch. • Strengthened review and compliance of the wildlife goals in Ord. 6—94 for East Village building permits. • Reviewed and commented on compliance by ASC of Ord. 9- 94. • Reviewed development applications at Wildcat Ranch. • Reviewed and helped formulate comments on the White River National Forest Plan Update. • Reviewed and commented on Brush Creek Road Corridor Study. Wildlife Management Activities • Opened and closed fences and trails during wildlife sensitive periods. Monitored movement of wildlife to refine management programs in the Brush Creek area. • Met regularly with DOW and Pitkin County Biologist on various issues. • Established pilot program for deterring traffic off Owl Creek Road during migration. Analyzed traffic counts and reported to Council on project. • Site tours to Seven Star Ranch, Droste Ranch, Wildcat Ranch, Snowmass Mountain and Nature Center location to ascertain impacts to wildlife from proposed developments. • Removed barbed wire fences along some sections of Brush Creek Road. Comprehensive Plan • Drafted chapter on wildlife values for the plan. Researched and reviewed the Plan's wildlife maps. Presented draft reports to the Planning Commission and Council. 70V Land Use Code • Worked with consultant in drafting changes to the wildlife sections of the code. Presented draft changes to the Council. Colorado State University Study • Participated in the supervision and review of a graduate student's study on impacts to wildlife from home size and density. Wildlife Enhancement and Management Plans • Scheduled and reviewed the annual reports from the ASC and SLC on implementation of their WEMP'S. Presented finding to the Council. Committees/Conferences • Represented the Town on the Aspen Skiing Company's Citizen Advisory Committee and Transportation Linkage Work Group. • Attended conferences on Restoration Ecology, Environmental Protection& Growth Management in the West and The Colorado Wildlife Society's annual meeting. • Networked with various environmental groups such as the Sierra Club, Aspen Wilderness Workshop, Colorado Mountain Club and Colorado Environmental Coalition on local environmental issues. • Participated in multi-agency committee on bear management strategies. • Participated in valley-wide committee on the impacts to the environment from magnesium chloride. Public Outreach and Environmental Education • Coordinated the design,writing and distribution of newspaper ads and posters on seasonal trail closures. • Produced press releases and interviews for local media on TOSV's wildlife management efforts. • Gave presentations to ASC employees on TOSV's wildlife management efforts. • Organized Community Meetings on new bear ordinance and gave presentations to property managers and neighborhood groups. • Organized airplane flights for decision-makers in the fall to look at the elk migration corridor and opportunities for conservation. • Coordinated the repair of the Yarrow Park interpretive sign, and the installation of the interpretive sign at Elk Camp. • Participated in the drafting and review of a brochure for the Snowmass Nature Center. 103 EXHIBIT B Goals for 2000 Dawn Keating, Wildlife Specialist Description 1. Increase monitoring and compliance of the Wildlife Enhancement and Management Plans that the Town has approved. Increase Council's awareness of the Wildlife Plans. Plans for Accomplishing—Increase presence in the field through the hiring and supervising of a temporary seasonal employee. Give presentation on the East Village Wildlife Plan to the Two Creeks/Pines Homeowners. Give a presentation to the Council on the Plans prior to the annual reports. 2. Implement the wildlife protection components of the Droste Conservation Easement Agreement. Plans for Accomplishing—Review agreement and design implementation priorities and schedule. 3. Participate in the production of a Brush Creek Field Guide. Plans for Accomplishing—Finalize the funding of the guide and oversee the supervision of the contract with the author. 4. Increase public outreach on the Town's wildlife programs. Plans for accomplishing—design,produce and distribute a brochure on the Town's wildlife programs. Design and install a display at the Town's information booth on the Town's wildlife programs 5. Participate in the final year of the CSU Study. Plans for Accomplishing—In conjunction with Pitkin County and the City of Aspen, supervise the graduate student's third year of data gathering and analysis. Schedule report to Council on 1999 field studies. 6. Streamline review of development applications that have a wildlife/environmental component in order to enhance consistency. Plans for Accomplishing—Research the feasibility of development matrix. O SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 05-30-2000 COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Kevin Costello, Jack Hatfield, Douglas Mercatoris, Mark Brady COUNCIL MEMBERS ABSENT: All members were present. STAFF PRESENT: Gary Suiter, Town Manager; Chris Conrad, Planning Director; Dave Peckler, Transportation Manager; Hunt Walker, Public Works Director; Leslie Klusmire, Assistant to the Town Manager; Steve Connor, Town Attorney; Rebecca Harlowe, Secretary/Records Clerk; Donna J. Garcia, Secretary(rown Clerk PLANNING COMMISSION PRESENT: James Rifkin, Bob Gaudin, Bob Purvis, Doug Faurer, George Huggins PUBLIC PRESENT: Chris Kiley, Madeleine Osberger, Sarah Chung, Doug Mackenzie, Joey Woltermath, Dan Baharav, Geri Wright, Victor Gerdin, Jim Wells, John Sarpa, David Myler, Richard Shaw, Jim Horowitz, Joe Kracum, and other members of the public interested in today's Agenda items. The Work Session began at 2:00 p.m. ASPEN SKIING COMPANY ANNUAL WILDLIFE REPORT Dawn Keating explained that the Annual Wildlife Reports from the Aspen Skiing Company (ASC) and the Snowmass Land Company (SLC) are requirements of the Snowmass Ski Area Master Plan and the Final PUD approval for the Two Creeks/The Pines, respectively. Both entities were required to create a Wildlife Enhancement and Management Plan (WEMP) and provide the Town with an annual Wildlife Report. Keating further explained that Dr. Dan Baharav, Wildlife Specialist, oversees the wildlife monitoring component of both Plans and has authored both Reports. In response to an inquiry from Hatfield, Baharav explained that impact on wildlife from development would become apparent within a few more years. Doug Mackenzie, of ASC, provided a list of 2000 summer mountain activities for Snowmass Village and explained that ASC has no current plans to add storage for snowmaking, although they do intend to extend a couple of the snowmaking capabilities O 04-17-00ws Page 2 into critical areas in the near future. Mercatoris requested that Council support ASC's application to the Forest Service to provide a Zipline Summer activity on the mountain. SNOWMASS LAND COMPANY ANNUAL WILDLIFE REPORT Dawn Keating, Wildlife Official, stated that this is the final year that SLC is required to monitor wildlife at Two Creeks. SLC will provide a final report to Council in the year 2001, which will include all data derived from previous years' monitoring. Keating recommended that the Town take the responsibility of monitoring the wildlife in this area until buildout is complete. OWL CREEK DEVELOPMENT - PRE-SKETCH PLAN Richard Shaw of Design Workshop provided an overview of a comprehensive plan proposed for development of 9 parcels of land currently owned by SLC. The proposal included townhome development and a community benefit package. Shaw explained that at the time of Two Creeks PUD approval, land was designated for future development of 3 additional holes of golf. At that time, it was suggested that three holes of golf could also be constructed across Owl Creek Road on Snowmass Club land. Since that time the SLC land at Two Creeks, which was set aside for golf reservation, has been compromised by roads and other construction, causing a narrowing of the parcel and making it inappropriate for golf. Shaw explained that golf course construction professionals have investigated and determined that a parcel of land owned by SLC on the Horse Ranch side of Brush Creek Road including the adjoining "school site" owned by the Town, could accommodate the entire additional 9 holes of golf if the deed restriction on the land were lifted. Shaw then proposed construction of an exhibition site, studio space and staff housing for Anderson Ranch on the golf reservation site at Two Creeks. The water rights would be deeded to the Town. He also proposed a plan which would require an amendment to the East Village PUD for Phase IV construction of sixteen townhomes, similar to the Owl Creek Townhomes, to be centrally located on the parcel and accessible from the existing road. SLC would grant the land, as deed restricted, and $1.2M for construction of the Anderson Ranch facility. The Two Creeks PUD approval documents stipulate that the land is to be reserved for golf or designated as open space. Sarpa reported that he met with neighboring Homeowners Association Boards to inform them of this proposal. Jim Rifkin, Vice President of the Two Creeks Homeowner's Association shared that the homeowners stated concern regarding visual impact and the loss of open space, although stated their support of Anderson Ranch and were in favor of SLC unconditionally gifting the land and $1.2 million to Anderson Ranch. Council and Planning Commission Members stated their concern that the community benefit offered by the applicant was insufficient in relation to the potential impacts of the project. Mayor Manchester requested that the Planning Commission further review this loco 04-17-00ws Page 3 proposal in relation to the plans for construction of Snowmass Club Phase II. The group discussed loss of open space, impact to neighboring homeowners and community benefits. Council requested that the applicant work closely with the neighborhood communities during planning of this development and take their comments into consideration. PROPOSED AMENDMENT TO PERMITTED LAND USES - KRABLOONIK - PRE-SKETCH PLAN DISCUSSION David Myler, representing Krabloonik, explained that the applicant would like to revise the current uses for Lot 45 to allow residential uses as an alternative. He further explained that the property is currently zoned MU-PUD and under the terms of the Town Code, single family dwellings are an allowed use within said zone district as well as the continuation of the restaurant/dog kennel operation. Myler outlined the proposal, which included an additional 1700 square feet expansion to the current facility the bulk of which would be an apartment and to expand the size of the bunkhouse to accommodate housing for additional employees. He stated that the Divide Homeowners are in favor of this proposal. Council and the Planning Commission Members expressed their concern for future loss of the restaurant and dog sledding activities by allowing residential use of the property, although were in favor of expansion and renovation of the restaurant. Council requested that staff research employee housing mitigation as it relates to this proposal. Council stated that if the applicant chooses to submit an application, it should be considered as a Minor PUD amendment. MALL TRANSIT PLAZA DISCUSSION Joe Kracum explained that a more complete and detailed presentation would be provided at the June 1, 2000 Mall Transit Plaza Partnership Meeting. Updated architectural information will be presented at that meeting. A topography map will be delivered on June 2. Geology information will be provided by the end of the week. Only a minimal amount of bedrock would need to be excavated. The water table only appears in the lower part of the excavations: Kracum reported that to contract for constructing all components of the project at the same time would be most economical. Kracum estimated the overall construction costs to be $14M for the entire project, which includes contingencies but does not include engineering costs or a public information campaign. Construction will be completed over a two-year period. The Work Session ended at 4:28 p.m. Submitted by: Donna J. Garcia, Secretary/Town Clerk's Office I�� SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 06-05-2000 COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester; Kevin Costello; Jack Hatfield; Douglas Mercatoris COUNCIL MEMBERS ABSENT: Mark Brady was absent. STAFF PRESENT: Gary Suiter, Town Manager; Marianne Rakowski, Finance Director; Hunt Walker, Director of Public Works; Dave Peckler, Transit Manager; Art Smythe, Chief of Police; Steve Connor, Town Attorney; Craig Thompson, Community Development Director; Rebecca Harlowe, Secretary/Records Clerk. PUBLIC PRESENT: Madeleine Osberger, Sarah Chung, Joe Kracum, Doug Mackenzie, Ben Dodge, Terry Hunt, Ben Wood, Chris Kiley, Martin Mata, David Burden and other members of the public interested in today's Agenda items. The Work Session began at 2:16 p.m. BUDGET UPDATE The Finance Director, reviewed a summary of the 1999 year-end figures and the budget revisions for the 2000 General Fund. The 2000 General Fund budgeted revenues were reduced by $352,061, while expenditures were reduced y $189,959. The 1999 General Fund year-end carryover (fund balance) increased by $263,879 from the revised budget. Of the $263,879; $162,102 was used to help balance the 2000 budget; $19,462 was allocated to the Open Space Reserve and the balance of$76,003 was allocated to the Funds Available line. The $30,000 rodeo contribution will come from the $284,830 balance in the 2000 Funds Available line, thereby reducing Funds Available to $254,830. Staff is prepared to operate under the 2000 revised budget. SNOWCAT PURCHASE RECOMMENDATION Nordic Coordinator, Ben Dodge summarized staffs request for Council approval of the appropriation of$34,000 for the purchase of a Nordic Snowcat in 2000. Replacement of the current vehicle was scheduled for the year 2000. The Finance Director recommended spreading the payments over 2 years i.e., allocating half the funds from the 2001 budget and deferring the other half to the 2002 budget. 2000 —2001 PARKING REGULATIONS AND PARKING PLAN DISCUSSION ` Oq 06-05-00ws Page 2 The Transit Manager explained current regulations and recommended as few changes as possible. He also reviewed parking distribution, revenue and joint management components with Aspen Skiing Company. Staff suggested raising the price of the Employee Permit from $30.00 to $35.00 and the Employee Transferable Permit from $50.00 to $60.00 and the Guest Permit from $10.00 to $15.00 per week. Peckler also reviewed the details of the Parking Plan Agreement for Winter 2000/2001. In response to an inquiry from the Mayor, he noted that revenues from the Rodeo Lot had been static or declining. Council, staff and members of the Public discussed the possibility of charging a fee during the 120-day season. Doug Mackenzie, of the Aspen Skiing Company (ASC), and Peckler suggested that charging at the Rodeo lot could generate negative consequences such as causing the upper lots to fill up more quickly, increasing traffic between the Rodeo and upper lots and provoking a negative response from the Public. Mackenzie also noted that ASC is considering ways to provide shuttle service to the Rodeo Lot from down valley with a possible voucher system for lodges or purchasers of certain lodge/ticket package options. A straw vote was taken. Council voted unanimously to raise the Guest Permit to $15.00 for seven days, but not to raise the price of either the Employee or the Employee Transferable Permit. Peckler and Mackenzie also brought up the issue of free parking versus pay parking at Two Creeks. Peckler commented that the idea of free parking was worthy of consideration since it offered a potential savings to RFTA and the Town of Snowmass Village as well as to down-valley skiers. Mackenzie argued in favor of keeping the Two Creeks parking lot free and requested a definite answer before September 1st. Hatfield asserted that in the interest of creating auto disincentives the Two Creeks lot should not be free. Ben Wood suggested a more radical solution. Council entertained several options and tabled the issue for further consideration. MALL TRANSIT PLAZA DISCUSSION Dick Bauman, Joe Kracum, of MK Centennial, and Ben Wood, of Benjamin-Thompson and Associates, reviewed changes to overall plans. Kracum summarized current options from the planners' perspective. He advised Council and staff to find more funding sources and suggested the lease or sale of parking spaces or solicitation of private donations. Ben Wood reintroduced the concept of a more radical transportation solution that would both attract tourists and satisfy the needs of the local population. Council, staff and members of the Public discussed other options. The Transportation Manager pointed out that staff, Council and members of the Community have become desensitized to the successes of our transportation system and stated that, in his opinion, the needs of the Community would be better served by expanding the current system rather than replacing it. Council then returned to the Mall Transit Plaza plans as they currently exist. Terry Hunt, of the Snowmass Village Resort Association, expressed a preference for a transit plaza in the upper lots. Mayor Manchester suggested building fewer spaces and enhancing the currently existing Dial-a-Ride service. The Town Manager commented that Economic and Planning Systems consultant, Walter Kieser, could do a financial analysis within 30 days. aq 06-05-00ws Page 3 The Work Session ended at 5:22 p.m. Submitted by: Rebecca Harlowe Secretary/Records Clerk � 'O SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 06-08-2000 COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester; Kevin Costello; Jack Hatfield; Douglas Mercatoris; Mark Brady COUNCIL MEMBERS ABSENT: All members were present. STAFF PRESENT: Gary Suiter, Town Manager; Dave Peckler, Transportation Manager, Stephen Connor, Town Attorney, Hunt Walker, Public Works Director, Craig Thompson, Community Development Director, Chris Conrad, Planning Director; Rebecca Harlowe, Secretary/Records Clerk PUBLIC PRESENT: Chris Kiley and Bill Kane The Work Session began at 9:16 a.m. RURAL TRANSPORTATION AUTHORITY DISCUSSION Mayor Manchester reviewed the Rural Transportation Authority (RTA) Draft Proposal presented as an outline of a conceptual Intergovernmental Agreement (IGA) between the eight jurisdictions involved. The timeframe requires two public hearings to be held by each jurisdiction, followed by certification of ballot language prior to September 13, 2000. Council discussed the proposed budget and functions of the RTA, service costs and potential funding sources, RTA Sales Tax proposals in each of the eight jurisdictions, planning for completion of the Corridor Investment Study (CIS) and continued transportation planning. Council also discussed methods to sustain and expand local transit service, reorganization of existing regional transit entities and providing equal or increased regional transit services. Manchester explained that Rifle is currently included in the Glenwood Springs service. Mercatoris stated that RTA plans intentionally exclude a possible rail component to avoid controversy. Manchester and Walker explained that at this stage of the planning process, funding for trails would be a part of the Roaring Fork Railroad Holding Authority (RFRHA), which would be absorbed by the RTA in the future. Council discussed varying percentages of sales tax contributions, 15-minute headways, Rifle to Aspen express service, funding necessary to maintain the service level in Snowmass Village and a means to raise and allocate necessary funds without raising taxes. A Public Hearing addressing RTA concerns will be tentatively scheduled for July 10, 2000. I 06-08-flows Page 2 DISCUSSION —ARTICLE IV AND V SNOWMASS VILLAGE LAND USE CODE Craig Thompson provided an overview of Article IV issues to be considered by Council which included changes recommended by staff concerning wildlife fencing, parking, existing vegetation, redevelopment and housing mitigation. Council reviewed the issues and provided direction to staff. Council directed staff to research the Town's Sign Code and provide recommended language to address sandwich boards. The Town Manager summarized changes to the Housing Mitigation section of the Code and recommended that Council require 60% mitigation. The recommendation was based on mitigation requirements set by Pitkin County for the Hines/Highlands project, the Aspen Area Community Plan and the assumption that 40% of Snowmass Village employees prefer to live down valley. Hatfield suggested that Council require more than 60% mitigation and allow for flexibility in extenuating circumstances. Bill Kane from the Aspen Skiing Company (ASC) stated his preference of the Independent Calculation option with subsequent verification of job generation. After further review and discussion, Council provided direction to staff for revisions to the Housing Mitigation section of the Land Use Code. Council will review the section addressing methods of compliance at a later date. The Town Attorney informed Council that the section entitled Restricted Housing Credits was no longer applicable and will be deleted from the Code. The Work Session ended at 12:10 p.m. Submitted by: Rebecca Harlowe Secretary/Records Clerk 1?�gase Note: Status Report updates in Us ie,s Box by Status Report July 19, 2000 at 5 P.M.!!!!! Bullets in Italics have been previously listed State of the Town July 10, 2000 Town Council/ Town Manager GaJ'�1 ' n 77 rr 'p v"� c >? z�a da 'r° ti it "' g`->f,x'h'a•< .��4 ��re s .�, .� y?r�. 7 +.r_V'�r"^^ Entryway Planning Project ■ Presentation is scheduled for July 17th meeting. Gary Suiter, Town Manager Town Man gef' ',,,. 1244� ni Cot l Tetfjc�e�t �9F t i� cl ' GarySnttel' „zt r�' 0 0 Town Attorne`dyy �! �oWtl Attorit0 , e S, t M , ay v iX t o All Steve Connor, a• F .,rvTaw ttiv t" t 's m'� 113 Public Works Activity/StaffManagger Status rus ree raaaSi g1rX� ° '•�� ��, g k q� fiµ� � e`e#t"` s cite ntm a 4 n yr u gt Hunt°Walker+ # "Mcn Iicfie k'ks # "11oelyr►irtiets d 'i An fa & " R ' X�t+'Wy;• a Road)Fund ■ �B�d deadline cs ��1572ndti. Hunt Walker Tran$portatiglt .t ^t ■rte t went to attttatl teas} t1440p k G xit$ �s Ice"I ,x'�tb�v ".�+�; #kin.r, �,.".�ayr Wood Run'Dumpster „.. processYof'sc eduling meetin g we h 00 5 Hunt Walker representatives to look at upper site. Housing ous ng epa tde cu tP ,r �o �C qn Os a: ,k& �yry.wr's �: ran p7.,}.i JOe COffeyi bypp"'St54A #� 8Y1dd11� e65145tl 7lldnl� } f.�+t �t+� xxN"`+„A'"3�I �t g���,,j a: � T1�xI�].Q � �`fdY1. .M+.41i11, "' a. x i ✓ '� v 9�r � 'y�'GI' e ��`"f�� u�$�.l, lh °�(�q�g ��YQr�,ele9tec�.. z ? ' 3bt h it a sl J*+a+ r,i " tAt i o p x h+�5ea y �fot Ypv-py r -Apr 3 ' t �yT 77 DAl ed h !ba r,ly,sd.?a r3atl. er�r �"a z #fir a s�1 � tdtrt ' 'a.,a i �a k;" * L"`" �`�gt�er}` ► ��t to 'k}1 spa ,��g7tad�op`�#,`,� ���,�� �' ✓w„A ..n.ri RA Fr*�. nR ivr -nt v .. � t 1:. z 9 } ny n + s bIlia "a � ' 3 4in$ �$ha4na3t1d4Ql"1�at3�0n{$ e1i ° ' + . ": d8cbedbi1}thaji¢arttxtettst k,¢{ , t u34 :Sgu t{44:F � �� iYl � Y ITx t Parcel N. Employee ousin ■ cott oe met to discuss the TSraw Pazcel on Joe Coffey July 5°i. • Contractor interviews were held on June 2nd and Norris and Associates was selected for Phase 1 of the construction planning process for Parcel"N". • Scott Smith,Joe Coffey and Paul Broome of Norris and associates have begun Parcel"N' construction planning meetings. • July 19`h is the first Planning Commission meeting for Parcel "N'review. Finance Fld`ane@ at{d ff Mdir�lttnne"��� T '. r; t t �����✓Gx,��n`Y pia��{*?�! n�� '� : .", "` "�.'�»� a � ,"a��t� _ ,: �.� ..t.- 9 „ t � .i.e''c r=4: Web Page Enhancement ■ Compe`te preliminary m ormation or e age. Nick Tucker ■ Nick to continue to work with Departments for upgrades and improvements to the Web site. Town Clerk k 4tcemezt�arT cat�onton i= Police Activity/Staff Manager Status �9rYr5myifhL�,^� �i h rt �� �� k I Community Development Department ommunitf, eve opmen irec grtr 74 tten trai s Cotnmtttee^meetm Xt Activities° ■ � ttedbbrtd 'oro 'as lacds6Ape,plannpg and „� Craig Thompson ry starhngdate`G/2t+ , i' t ■k; x l? ed%at glternatlerentrj 4Va $z� ioc�ttdns at " ` � ' C � , rusil Cieek/82;��?CC will conatd�r��'d,rexding 'Hof stgn,00t�e�am�ldt��nt qt 7/12 ,.' x e . Environmental and Wildlife Activities Activity/Stafl" Manager Status rus ree ie ut y s i'µ �'$■d, .w on r ejf c�otnp ye ea ra�eat WO,144, u T.B.Ax M „ lun 20¢2 g i 1 't x 7 a ` ri ix F ° rr tF r'x '4k.Fr. a ltd i" 4x" #yy.,...YS f Y*.v t,a� t"F,"i .�.. $ ,�h.,a• *8"�� ,t Snowmass Nature Center "$ � C Board meeting mid-June to h'egm searching 7 T.B.A. analyzing other sites. Community Enhancement Projects -A Ctj'%Tjt)I/Staff Manager Stattis rt or nterpre ire, ignage,or,n r If ma esign as een accep or a tna < y; at Brush Creek: f" Y ■, " nstalla on 11 occu to 6 eeks 4 Bernadette Barthele'kght Brush Creek i" Corp of Engineers has issued a permit to the Town. Bernadette Barthelenghi ■ Pre-construction meeting will be held 7/5 to discuss start date. Picnic Shelters 5{h 2lzebot +ICeda shA6-400finp] ASS been ordered, BernadetteBdrthelenghi ��, � � Statf hasr�quesfedrevisoesx tmatc$ dratgerittte � ° Plans & Policy Development Activity/Staff Manager Status o/r a e ousmg l 1pattott ■ tc a pus�ng rmhgahonnpfmfsentp a yk Joe'Co/fey.. e �,: i P $Rwb ° • k' P yy� Y tF } N°t � x .., t i Y T A♦ 4z S a Brush CreekBenedict Trail Began field survey Tune 30th Environmental BsiUndati'(�h 9, ab� �j an i ied � k r �'S£.»� rva c, f r`s,'6 y;` Kx� p--fe C��li 64 vk'ei` Bernadette �Tar{heln �ij G l a N R H Lt h7 N d '.e ?' �i q*.'kyy`�'s +, $ £ "7' �k5 s" 4AM 'N'M W '. •*k .n �ai�"' ',` .Y.�£,..U^$vo.. 13. »'C� GOCO Grant ■ teve Connor drafting easement. Dean Stahman ■ GOCO grant denied. Greenway Master>'lan ■* 1 raft'tls beensutmittd tb�ownt Bernadette$arthelgnght � gc# Oftlloprrieetlglai tHts# totlt>t + q, ` O t �Xy::3` Y5 1K p 3° �I •• �` th.5-i!'< Y , Y, Y„ �1 ° w Land Use Code Amendments i Plamimg Commission commentedon`Anc6le TV on Chris Conrad 5/17. Second reading at Council 7/10. Trails V �t11ag 13onndra �0 ctrato�t►Z� tTUne?3r 5 q k k t 9 i k i p BernkdetteBarthelerygh�r� ` , ;.a£` ? ?; ■ inigrariito�bistalledthtsjsumltefall 04sti �;".�few��tcl��lr�ilco��tructto�nwtil�}tAappsn;7> y�Y� Cdber/ow Cr °Tratl ;Attorgey attd f f1 ►net with 4: -6teiiGubef4 proposal Was rejected ; tid we a}e:wattin$ oir`aQ�rpval Qrt t�e�3T�'optton s� �» a r Watershed Manage meat Plan` " i �7ata wiif'be compiled and presented to Town Staff ' Bernadette Barthelenghi over the next few weeks by engineering firm. ■ Engineering firm mapping watershed data. Major Development Review Update e ers at inowmass ■ &—ezon1-nT,5rZLYR=21 rea Tn u y . Chris Conrad ■ Construction anticipated to commence August. Seven *Ranch ■ �Extenson granted tp August 21st . Gary Suiter/Steve,Connor Snowmass Club Pltascli Sketch � ■ tdriginal appltcation 7uzie 5wtthdrawn °12 t Plan " '�' Amended sketchp!an aubmitt'' June26 .w Chris Conrad �; 1.to�eaingdafes"schedule Yet, � [ 1 Minor Development Review Update P1,0ject / Manager Update amar�ac inor 5 l yojsa i ny o creatednekv�yo ce_s�pyace� Chris COnrQd. do t e r m� P1de F�� �yOckEt" a Crery aFtatQn t rx ..tlppl�,catidn4fip"1� �ubnlittpd{x Administration Modification, SUP, TUP, Variance ro tal [" {' ppx } Qn 6 � d Yh MrwsL+w m �A ° ✓'F{4R', ..P �Y !da{ � r % ea (t � d5 x� 1,. � y +�^' s� r v � q r °F€�e�ht r S ecial Reier 'r h.m ', F` ` ubItarJt�� ao t,�Spnstln `r Variance$ J qWO trot, ,r r Prat�L, o �ticC�constderatian ` Enforcement Update Pro ect Manager Update ;. S`fs: .kfltG asg � f 41�. s+ i tUa DaveFllLS c r 5 :t' tr k 3 nt5u � ' a9 "d wd""� � 2..a ern ru�.a Brush Creek Offices ■ Draft an agreement to resolve ih land use disputes Chris Conrad between Brush Creek Offices and Woodbridge Homeowners. Research Determine zoning status of Cafe Inc. cart on mall. Chris Conrad Determine Zoning status ofpopcorn wagon and service area on mall. 0 Determine outstanding PUD's &Building Permit matters regarding Snowmass Chapel. Letter to Chapel Board July 6. fig Pending Update Project / Managel, Update er i ne ■ pprov une M. Maintenance Building ■ Amended lease required, Town-owned land. Chris Conrad ■ Building permit application submitted. ■ May be authorized for"at risk"permit. Netbeam Wireless ■ Discussions regarding placing antennae atop Chris Conrad Snowmass Center for wireless phone and internet connections. ■ Need diagram showing location. ■ Process as minor SPA amendment. Snowmass Real Estate Expansion ■ No application received at this time. Chris Conrad ■ Applicant preparing to submit interim SPA administrative modification application. Snowmasgi"O l i � �� g f llJl ' Y�lA ni ttt1� x,4i , s ChrisCon,hK li a r e a �R3 �vi UM Timberline Timberline Meefiug Room& Pool ■ $elow grade fac'ihry adjacent to pool Facilities Building ■ Approved May 30. Chris Conrad ■ Under construction. Project Update Coordination-Gary Suiter 923-3777 ext. 206 Public Works-Hunt Walker 923-5110 Housing-Joe Coffey 923-2360 Community Development—Thompson/ConradBarthelenghi/Ellis/Stahman/Gaunt/Coxon 923-5524 Town Clerk -Trudi Worline 923-3777 Finance-Marianne Rakowski 923-3796 Police Chief-Art Smythe 923-5330 Sunday Monday Tuesday Wednesday I Thursday Friday Saturday 1 July 2000 2 3 4 5 6 7 8 9 10 11 12 13 14 15 -T.C.Mtg. 2:00 16 17 18 19 20 21 22 -T.C.Mtg. -EOTC Mtg. 2:00 4:00 In Aspen 23 24 25 26 27 28 29 T.C.Mtg. 2:00 30 31 1 'y 1 Le oc 8z 9z Lz oox 'B1W'O'1- 9z sz Yz Ez zz Lz oz 8161 pueJE) oo:z 'BLW 1svo- 's'M- 8L 8L LL % sL K EL ooZ 'am'O'1- zL LL oL s 9 L 9 s 4 £ z l 000z isnbnv Aepinjeg Reply Repsmyl I AepsoupoM Repsenl Aepuoyq Aepung