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09-18-00 Town Council Packet SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION 09-18-00 2:00 — 3:00 P.M. LAND USE CODE DISCUSSION -- Chris Conrad. . . . . . . . . . . .Page 16 3:00 - 3:05 ARTS ADVISORY BOARD APPLICANT INTERVIEW Trudi Worline. . . . . . . . . . . .Page 1 3:05— 3:50 MALL TRANSIT PLAZA Joe Kracum. . . . . . . .Attachment "A" 3:50 - 4:00 BREAK ......................................................................... SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING 09-18-00 CALL TO ORDER AT 4:00 P.M. Item No.1: ROLL CALL Item No.2: GUEST GRANT FUNDING REQUEST— CHRISTIAN MOSIMAN John & Nan Mosiman. . . . . . Page 4 Item No.3: PUBLIC HEARING AND DISCUSSION — RESOLUTION NO. 25, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT REGARDING A RESOLUTION CONCERNING THE PARCEL "N" AFFORDABLE HOUSING PRELIMINARY PLAN SUBMISSION INCLUDING SUBDIVISION PLAT AND REZONING FORM SPA-1 TO MF MULTI-FAMILY (cont'd from 09-05-00) Chris Conrad. . . . . . . . . . . . . .Page 9 Item No. 4: PUBLIC HEARING AND 1sT READING — ORDINANCE NO. 15, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT AND 1ST READING OF AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF ARTICLE V OF CHAPTER 16A OF THE SNOWMASS VILLAGE MUNICIPAL CODE Chris Conrad. . . . . . . . . . . . . .Page 16 09-18-00tc Page 2 Item No. 5: INITIATIVE ORDINANCE NO.1, SERIES OF 2000 AN ORDINANCE ESTABLISHING PROJECT SPENDING LIMITATIONS FOR THE TOWN COUNCIL ABOVE WHICH APPROVAL BY THE ELECTORS OF THE TOWN OF SNOWMASS VILLAGE IS REQUIRED. Jim Heywood. . . . . . . . . . . . . Page 119 Item No. 6: 2nd READING — ORDINANCE NO. 22, SERIES OF 2000 AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE CONCERNING EMPLOYEE HOUSING RESALE PROCEDURES (Tabled from 09-05-00) Joe Coffey/Steve Connor. . . .Page 125 Item No. 7: RESOLUTION NO 38, SERIES OF 2000 A RESOLUTION SUBMITTING TABOR QUESTIONS TO THE TOWNS ELECTORATE Marianne Rakowski/Steve Connor. . .Page 135 Item No. 8: APPROVE COUNCIL MEETING MINUTES OF 08-07-00 08-21-00 AND WORK SESSION SUMMARIES FOR 07-17- 00 AND 08-07-00 . . . . . . . . . . . . . . Page 140 Item No. 9: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/STATUS REPORT. . . . . . . . . . . . . . . . . . . . . Page 167 Item No. 10 CALENDARS. . . . . . . . . . . . . . . . . .Page 173 Item No. 11: 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. AaEr TOWN COUNCIL COMMUNIQUE Meeting Date: September 15, 2000 Presented By: Trudi Worline Town Clerk Subject: Interview applicants for Arts Advisory Board Overview: Attached are applications from two community members interested in serving on the Arts Advisory Board. Qualifications include some experience in arts, cultural, educational or community organizations. As this Board is designated as "advisory," there is no residency requirement. Council should take this opportunity to interview the applicants and determine their level of interest and commitment to serve on the Arts Advisory Board. Recommendation: Appoint all qualified applicants to the Arts Advisory Board. pro r9WdsrWmenaW.ndurq 20001AAB ,� TOWN OF SNOWMASS VILLAGE Application for Board/Commission Position ❑ Board of Appeals and Examiners ❑ Liquor Licensing Authority ❑ Financial Advisory ❑ Planning Commission ❑ Election Judge ❑ Election Commission xArts Advisory Board ❑ Other: Name. Home Phone: une 3ree>1 9x3 - 33/ Physical Home iea Leo Rocaic� Permanent Residence: Acidness: City: SnowmasS V s 110.ye� CO 6 1 b lS" Yes No ❑ ST. &ZIP: p�� - Indicate Place of Permanent Residene c Mailing Address: p.o• 3ox 57$q Bwmess Mailing Address: Office Phone: Sarre 1 a 3 - 33// Employed With: Position: Gordons 14t h Alp, av Shi ShOR Mang e(' Are you Registered to Vote in Snowmass Village: Yes ❑ or No ❑ List the Experience or Education which may qualify you for this position: „ „ �"�•. 1'n cc 'ommssn ttri fAn,nr c�5 C aSSCls Age„�y Why do you wish to be appointed to this position?: [3 La, t el V. I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, milling and able to take an oath as well as accepting the responsibilities and duties. pplicant's Signature Date Return to : Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 m:\boards\app.b&c X TOWN OF SNOWMASS VILLAGE Application for Board/Commission Position ❑ Board of Appeals and Examiners ❑ Liquor Licensing Authority ❑' Financial Advisory ❑ Planning Commission ❑ Election Judge ❑ Election Commission `ql Arts Advisory Board ❑ Other: Name: Home Phone: n y23- "3� 4 Physical Home Permanent Residenm: Address: City: J,�cu,hi35S 'V1 )3F;C .r� o/� Yes No ❑ ST.at ZIP: ��? Wiling Addreu: 3l,iX Indinte Place of Permanent Raidenro Businen Mailing Address: Office Phone )J,'R Employed With -+FLf &7:V)4!)Ju7) ->0 Position: Are you Registered to Vote in Snowmass Village: Yes X or No ❑ List the Experience or Education which may qualify you for this position: -1 .759l1't t?Ll )G�S 4/ VED /N 41207S ; lhf- E c?,aQ 112,F— /J X) 1WE r)IZT5 /701/ t CW Vc72U M11,00/97W AYT SHtj Fi;NlJPiSPa; 6U/95,q,1/167L`N0L),/) 0.. -MOS..Qlb MW WE;U15M/IAt7!6. '/fc 4a73 Nf-)✓C 1-)tl0hh s /3,t2?b /f &:/4&1+T1&;?UES T O MIA)" IJUTOA) A) 7,5t/5 001tti'7 I.v Ezz� _ ✓i S l�� ;�/10uG/fCa r 7t/� �.t'>Ok'/-4 Why do you wish to be appointed to this position?: /-It-)VE LI V E7) .S/,(iCE iT''5 T//))c- 70 .SHRRE /))U /A21,(P)CZ�z')A , /)NO LUITI� �f-//5 %�O/)1/J1Ll�U/X -i39Gi lei/lE. I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I :m applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the :esoonsibilitiea and duties. auLf Applicant's Signature Date Return to : Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 =:\boards\app.bd:c . 3 � Mosey! Christianl Carl IMosimanl '/O/1Box!58801• !Snowmass!ViBage-!CO!!81615! )970*1923.3417! !moseygnutshellreview/com! September 13, 2000 Mayor Michael Manchester Councilman Mark Brady Councilman Kevin Costello Councilman Jack Hatfield Councilman Doug Mercatoris Town of Snowmass Village P.O. Box 5010 Snowmass Village, CO 81615 Dear Mayor Manchester and Councilmen Brady, Costello, Hatfield, and Mercatorfs, Once again it is time to renew my funding request to you to advance my competitive snowboarding career during the 2000-2001 winter season. I would like to ask you for$1,500 to help defray the costs of national and international travel during the coming months. Thank you for considering my request. My parents will be representing me at the September 18`" meeting because I am in the midst of my first semester at the University of Colorado in Boulder. I plan to complete this first semester of college and then return to Snowmass Village in December to begin snowboard competition for the coming season. In addition to my academic classes this fall,J'plan to enroll in CU Internet classes during the winter so that it doesn't take me eight years to finish college! As you may recall, last year the Council donated $1,500 to me in recognition of the fact that I am one of the only representatives of Snowmass Village at this level of snowboarding in the U.S. and the world. I'd like to bring you up-to-date on my 1999-2000 season. For the first time in my career, 1 competed in the Swatch Boardercross here in Snowmass last January. The level of riders taught me a lot about competitive boardercross, and I realized how much I liked it. I finished 19'x' in that event, which included the top boardercross riders in the world. After a number of regional competions throughout the winter, I also travelled to the USASA Junior Worlds in Les Meunires, France last March and finished sixth in slalom and tenth in boardercross, the top finishes for the Junior National Team. I then rode in the USASA National Championships in Waterville Valley, New Hampshire where I finished first in slalom and won the overall alpine title. I also won the overall combined title, which includes the slalom, giant slalom, halfpipe, and slopestyle events. During the coming winter, I plan to compete in USASA events, which will be held exclusively at Snowmass and Buttermilk, USSA events, Grand Prix and American Snowboard Tour events at various op Town of Snowmass Village Town Council September 14, 2000 Page 2 ski areas in the West, Swatch Boardercross, USASA Junior Worlds in Italy, and USSA Worlds in Austria. It promises to be a busy season! Seasonal costs for coaching, training, travel, lodging, entry fees, and equipment are again projected to be more than $15,000 this winter. It remains my goal to take snowboarding to a professional level if possible, and I look forward to trying out for the 2002 and 2006 Olympic Games. I consider myself an ambassador for the sport of snowboarding and the Town of Snowmass Village. I apologize for not being able to meet with you in person on September 18'h, but I know my parents will be able to answer any questions you may have. Without financial aid, it would be impossible for me to try to attend college as well as continue my snowboarding career. Therefore, your continued support would be most appreciated. Sincerely. * Christian "Mosey" Mosiman P.S. My parents encouraged me to enclose the following essay that I used for my college applications. It explains the challenges and satisfaction of a competitive snowboarding career. Thanks for taking the time to read it. too Mosiman Pride Throughout the past four years, I have maintained my position as one of the top junior snowboarders in the world and as a student in good standing at Aspen High School. This dual path has resulted in an untold amount of hard work as well as pride in achieving my goals. The following essay explains the immense amount of satisfaction I have gained from my snowboarding career. I consider one of my greatest accomplishments to be my entire competitive snowboarding career. I have worked through years of occasional success and numerous failures. and I have achieved many goals along the way. I first started to dabble in the sport of snowboarding at age six. The first snowboard I ever strapped on my pint-sized feet was a Burton Performer, which was more than twice as tall as me. I started to compete when I was in fifth grade, and fell in love with the atmosphere and attitude of competitive snowboarding immediately. I vividly remember my first race. I expected, as most naive, inexperienced kids usually do, to blow away the entire field effortlessly. In reality, I disqualified in one event and finished dead last in the other. I thought it was the end of the world. Finally, however, I convinced myself to try it again, and progressively gained more experience and skill until I won my first regional race, more than two years after my first failure. I kept my hopes high after that, and at the urging of a coach, I began to search for a personal motto that reflected my goals. I began to live by this quote that appropriately reflects my high expectations. "Shoot for the moon. Even if you miss, you will still land among the stars." The sport of snowboarding has kept a firm hold of me ever since. In 1995, 1 competed in my first national championships and finished on the podium in four categories. I have competed in five nationals since, and my b ' Mosiman accomplishments have risen steadily as well. Based on my finishes at the 1997 national championships, I was selected to be a member of the US Junior National Team. About thirty of the best riders in the country traveled to Switzerland to compete in the Junior World Championships, where I was heartily defeated. I have learned to accept defeat with my head held high, however, and one week later at the USASA nationals, I placed second and third in giant slalom and slalom, respectively. With these combined finishes, I won the overall title at the National Championships. My results automatically qualified me for the National Team once again, and set me up for the crowning moment of my career. The competition was tight at the 1999 USASA National Championships. I was racing against my best friends and greatest rivals for the title of National Champion. I put in two solid runs; now only time would tell who would win. Finally, the last racer cleared the finish line, and I apprehensively peered at the scoreboard to see how I had finished. I started at the bottom and scanned the list upwards for my name. At first, I couldn't believe my eyes. My name was written at the top of the list. I had won the National Championships. In a daze, I stumbled back to my hotel to change clothes. At the awards ceremony, I listened as the names of my friends were called for different ages and races, and wondered if my name would really be called like theirs. Finally, my hypnosis was broken by the announcer calling my name as the new National Champion. As I pushed through the crowd of smiling faces of friends, family, I realized that this was the moment to which I had dedicated my life. This was why I had persevered through the years of heartache and defeat, this was the golden milestone on my turbulent journey that had dominated my life for as long as I could remember. I stepped onto the top step of the podium, between two of my best friends, and reveled in the Mosiman feeling of satisfaction, contentment, and wonder. I gazed out over the sea of people toward the patch made up of familiar faces, and raised my arms in victory. The following week, I competed at the 1999 Junior World Championships. It was my second Jr. Worlds, and athletes from every continent had gathered to compete in the most elite junior competition ever. Hopes for the American team were high as I prepared for my first run in the slalom. My nerves were on end, but I managed to qualify to the semifinals in fifth place. After two marginal runs, I failed to qualify for the finals and finished in ninth place, at which I was thrilled after my 22nd place finish the year before. Two days later, on a cold, icy day, the boardercross competition got underway. An American had just won the boardercross for a different age class the day before, so morale was high and we were very optimistic. After qualifying late in the pack, I worked my way through ten runs into the finals, and ended up finishing in fourth place. I was ecstatic with this finish because boardercross is not my specialty. Snowboarding is my life. It has taken me on priceless journeys and taught me much about the world around me and myself. Through snowboarding, I have found my true individuality. I have made many valuable friendships and gone through many experiences that I would not trade for anything in the world. SNOWMASS VILLAGE TOWN COUNCIL PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. WHEN: August 14, 2000 Continued to August 21, 2000 Continued to September 5, 2000 Continued to September 18, 2000 WHERE: Snowmass Village Town Council Chambers 2nd Floor, Snowmass Center 0016 Kearns Road, Snowmass Village WHY: To receive public comment regarding Town Council Resolution No. 25, Series of 2000, a resolution concerning the Parcel "N" Affordable Housing Preliminary Plan submission, including subdivision plat and rezoning from SPA-1 to MF Multi-Family. LOCATION: Parcel N, Faraway Ranch Gross Parcel Plat, as recorded March 18, 1985 in Plat Book 17 at Pages 5-6 in the records of the Pitkin County, Colorado Clerk and Recorder. CODE: This application will be processed as a Sketch Plan, pursuant to Section 16A-5-350 of the Snowmass Village Municipal Code. TIME: AT A MEETING WHICH BEGINS AT 4:00 P.M. INFO: A copy of the plans and application information is on file and available for review in the Snowmass Village Community Development Department at the above address. For further information call 923-5524. Submitted by: Trudi Worline, Town Clerk Published in the Snowmass Sun on June 14, 2000 1 / COUNCIL COMMUNIQUE Meeting Date: September 18, 2000 Presented By: Planning Division Chris Conrad, Planning Director Subject: Continued Public Hearing and Discussion: Resolution No. 25, Series of 2000, a resolution concerning the Parcel "N" Affordable Housing Preliminary Plan submission, including subdivision plat and rezoning from SPA-1 to MF Multi-Family. Topics: ❑ New Design Proposals (4 Optional Site Plans Enclosed) ❑ Architecture &Site Design Considerations (Each Option) ❑ Geotechnical Considerations (Each Option) Overview: Joe Coffey, Snowmass Village Housing Director (Applicant), has made application on behalf of the Town to receive Preliminary PUD approval for a seventeen (17) unit affordable housing project to be constructed within Parcel N, Faraway Ranch Gross Parcel Plat. The applicant has submitted four (4) optional site plans for discussion during the meeting. The four (4) site plan options have been reviewed by CTL/Thompson, Inc. and copies of their report have been placed in you council boxes. A copy is available for public viewing at the Community Development Department. Staff has outlined above a list of topics to be discussed during the work session. Please refer to the enclosed diagram that depicts the four optional site designs. The number of units vary between sixteen (16) and seventeen (17) to units. Options 1A and 1 B reduce the number of buildings from three (3) to two (2). Planning The Planning Commission resolution adopted on August 9. It Commission is staffs understanding that the applicant finds their Recommendation: recommendations to be acceptable with the exception of some of the landscaping requirements. Since the landscaping is very much related to whether the development proposal will be amended to reflect one of the site plan options, it would be appropriate to delay any detailed landscaping discussion until �lO � the preferred site plan is established. Staff Comments: Following the applicant's presentation, which will include Scott Smith, Reno/Smith Architects, and John Mechling, CTL/Thompson, regarding the four (4) optional site plans, the Town Council will need to determine whether the application should be amended and whether the changes alter the nature of the project from that described in the original submission to such an extent that: (a)the amendment should not be allowed; (b)the amendment should be allowed, but the Planning Commission should have an opportunity to review the amendment and make a recommendation thereon; or (c) the amendment should be allowed and the application should proceed without additional hearings or consideration thereof. Staff comments will be provided following the applicant's presentation. Staff Staff recommends that the topics listed within the "Subject" Recommendation: block above be discussed during the regular meeting, which will involve: 1) Applicant's presentation; 2) receiving staff comments and recommendations regarding the amended plan; 3) determining whether to accept the proposed amendments to the application and whether it needs to be referred to the Planning Commission for further review and comment; 4) receiving public comment; and 5) providing direction to staff for scheduling further review and preparing a draft resolution, provided the application is not referred to the Planning Commission. P:\user\cconrad\MS Word Docs\TC 00-25 Parcel N Affordable Hsg Prelim PUD TCMemo03 1,. I ` \ sCrQ xz `sr' 3eR¢P ss.9F, ..>H i \ C- \ �s� Cr,� ♦♦ xi`, OPTION 1A e �e re' fie' 4o r2- �� Clo)313+e UN ITS 35 PKG 3PCS (b) 2BR VN ITS IS PK-G- SF-75 /'- 47 SP-6 \ xSf, ro t i�A•3� tt. 52. OPTION 1B 'r- - (I-)38R VN RS --57 R,« 3Pcs a/il/ao C-7)2OF- VN ITS 12 PKG- SFM \\ _ 49 sus � grpaF 6 % g.�5 \ A GRpb 9 �`si B,Q,q, g,,7 JA t 2 ♦4. OPTION 2 KS h 17 VNC{�Cc-Tqza+jT LAY- f W/ e+ C6..2 AcursTfv 9K+,- 49 ryAKG SF-74GE,5 gr;rF, BLDG rr o- s +� e fib gQA 6iT "� ` fie. B. I T �a Z OPTION 2A K 9 S r J � �0 s tTs Pt—AN 16 ✓Nfl'3 (7-2CeGpmwi VNt7s� \ 62 �r 9-38[-�nuNiTs7 �///gym a /� 2 47 P^xKG SPAS COUNCIL COMMUNIQUE Meeting Date: September 18, 2000 Presented By: Chris Conrad, Planning Director Subject: Discussion and First Reading: Ordinance No. 15, Series of 2000, an ordinance amending and restating certain provisions of Article V of Chapter 16A of the Snowmass Village Municipal Code. Background: Article V of the Land Use Code was last discussed September 11. The enclosed ordinance contains proposed amendments as directed by the Town Council. All single line stricken text (s#isken) and single underlined text (sin le) reflect changes directed prior to the September 11 meeting. All double lined strike out (stfiekep) and double underlined (double) represent changes presented at or in response to direction received at the September 11 meeting. The proposed amendments are scheduled to be reviewed by the Planning Commission at their September 20 meeting. Their recommendations will be provided at your October 2 meeting during which the public hearing and second reading are scheduled to occur. Recommendation: Staff comments will be provided at that meeting. Provide direction to staff and proceed with First Reading of Ordinance 15. P:\user\cconrad\MS Word Docs\Article V LUC Amendments TCMemo03 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 15 SERIES OF 2000 AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF ARTICLE V OF CHAPTER 16A OF THE SNOWMASS VILLAGE 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 Snowmass Village Municipal Code (the"Municipal Code"); and WHEREAS,the Town Council directed the Planning Staff to propose amendments to Article V of 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 Planning Commission reviewed the amendments and made its recommendations regarding the amendments to the Town Council at its meeting occurring on September 20, 2000; and WHEREAS, the Town Council reviewed the recommendations of the Planning Commission on October 2, 2000; and WHEREAS, notice of a Public Hearing to be held on October 2, 2000 was published in the Snowmass Sun, in accordance with the provisions of Sections 16A-5- 60(B)(1) and 16A-5-210(C)(6) of the Municipal Code; and WHEREAS, the public hearing was held on that date in order to receive public comment concerning the proposed amendments; and WHEREAS,the Town Council has considered the application, 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 16A-5-210(E) of the Municipal Code; and WHEREAS,the Town Council finds that the procedure and requirements set forth in Section 16A-5-210 of the Municipal Code have been satisfied; and TC Ord.00-15 Page 2 WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: 1. Amendment to Chapter 16A. Article V. The provisions of Chapter 16A Article IV of the Municipal Code are hereby amended and restated as follows: ARTICLE V Review Procedures Division 1. Common Review Procedures Sec. 16A-5-10. Purpose. The purpose of Division 1,Common Review Procedures,is to establish the procedures that apply to all development applications within the Town. These common procedures apply to the following types of development applications: interpretations, amendments to the text of the Land Use and Development Code, amendments to the Official Zone District Map, planned unit developments (PUD)and PUD amendments,special reviews,variances,administrative modifications,subdivision exemptions,subdivisions and subdivision amendments and temporary use permits. (Ord.4-1998§1) Sec. 16A-5-20. Overview of common development review procedure. (a) Common Procedure. Figure 5-1, Common Review Procedure, generally illustrates prewdesaneverview4how the Town processes land development applications and . it idem=nw the activities an applicant may have to complete in order to obtain approval of a development application. In general,the steps that comprise the common procedure are as follows: (1) Attend pre-application conference; (2) Submit application; (3) Staff reviews 4 application; (4) Provision of public notice; (5) Action by decision-making body; and (6) Actions following development approval. The following sections of this Division describe the common procedures associated with each of these steps. t/ I � / TC Ord.00-15 Page 3 (b) How the Common Procedure Annlies to Particular Applications. To help Table 5-1,Summary of Development Review Procedures, indicates saFAFAarims how certain elements of the common procedure apply to each type of applications It describes whether the pre-application conference is mandatory or optional for each type of application,which body is authorized to review,act upon or hear appeals for each type of application and whether public notice is required for the application. (Ord.4-1998 §l; Ord. 6-1999 §1) �9 TC Ord.00-15 Page 4 Figure 5-1 Common Review Procedure Attend Pre-Application Conference Submit Application <__ Correct Defects T Notify Applicant Of Deficiencies TNot Planning Director Review fo mpleteness __> Complete Planning Director Certifies as Complete Referral to Local, Staff Review of Set Public Hearing State, and Federal Application Date and Provide Agencies Public Notice I Prepare taff Report Hearing By Review Body(ies) Approve, Approve Conditionally, Table, or Deny Application Submit Documents For Recordation (when applicable) Apply for Building Permit I�v , TC Ord.00-15 Page 5 E a- «.,,. R, c ` � s Optional DM A No Ame "f "`Flit e�= Optional R R DM Yes(for Town Council second 011 > reading of 5-2 ',`'x T ordinance) PUD 1bA4426)s ' Mandatory R R DM Yes(for joint meeting and for Town Council resolution) PUD Pre Plan(Seer 16A-5- Mandatory R R DM Yes(for Planning 340) Commission and Town Council) PUD § 1611-5360) Optional R DM No PUD AfneiN(1neM(§eC 16A-5 3I0) Mandatory DM R DM Yes for Minor and for Major or R Major Minor Special Review(Sec.16A-5-230) APfieaal 8ivi' A Yes(for staff or Manda[ory R' DM' Town Councill' Variance foier+1W&UOY Optional R DM A Yes(for Planning Commission) AdminisfraNveModificstionY Optional DM' A Yes' (See.16k=5f250)� Site tional DM' DM/A No Subdivi""4044"",: Optional R DM No Division Snbdid' bi0 f1)l Mandatory R R DM Yes(for Planning Commission) Subdiv=41A 's ht(SSer".16Ai5- Mandatory DM DM Yes for Minor and 450)-- for Minor and R Major Major Annual yleM (Sea)6A.S• Mandatory R R DM Yes(for Town 260) : Council) Adminl*, *#�1,07,Usa(SkG Optional DM A No .yl ' TC Ord.00-15 Page 6 16A.5.160)i�.- Notes: 1. Public notice shall be given as specified in Section 16A-5-60,Notice of Public Hearings. 2. Staff is the pwimary decision-making body for administrative modification,site plan and special review applications. However,the staff may refer any administrative modification to the Planning Commission or special review application to the Planning Commission and Town Council if issues arise of the poblie he that amme!be Fesely whereby the Planing Urector deems referral to be appropriate. In such cases action shall be by the Planning Commission at a public hearing for administrative modifications. by the Planning Commission at a regular meeting for site plan reviews and by the Town Council at a public Marina for special review. 3. Required notice shall be given as noted in Table 5-2. Sec. 16A-5-30. Pre-application conference. (a) General. At the pre-application conference is the applicant may confer with the Planning Director to obtain information and guidance as to the Town's development procedures and standards. Table 5-1, Summary of Development Review Procedures, lists the application types for which a pre-application conference is mandatory and those for which it is optional. It shall be the applicant's responsibility to schedule the pre-application conference. (b) Purpose of Pre-Application Conference. The purpose of the pre-application conference is to determine,in general,what provisions of this Development Code apply to the proposed development. (c) Contents of Pre-Application Conference. Items to brat Rhauld be discussed during the pre- application conference include the following: (1) Applicant's proposal. The applicant should provide a verbal description of the proposed development, accompanied by a survey, site plan or other map that illustrates the property's boundaries and the applicant's initial development concepts. The applicant should also provide a general indication of when the application is likely to be submitted. (2) Review procedure. The Planning Director should identify the procedures that will apply to the proposed development, including which decision-making body or bodies will review the application,whether public notice will be required and the sequence of actions and the likely time required to complete the development review process. (3) Review agencies. The Planning Director should identify those agencies that will review the development application. Upon request,the Planning Director YAP shall provide the applicant with the names of contact persons at these agencies. (4) Application contents. The Planning Director should describe the materials required to be submitted as part of the development application, provide any applicable Town application forms,identify the number of copies of the application to be submitted and indicate the fee for the development application. TC Ord.00-15 Page 7 (d) Written Summary. Upon request by the applicant,the Planning Director shall,within seven (7)calendar days,issue a written summary of the specific procedures and information requirements for the project pro apphea4ion sonfeFene . (Ord.4-1998 §1) Sec. 16A-5-40. Submission of application. (a) Authorization Initiation. A development application may only be submitted to the Community Development Department by the owner,or any other person having a recognized interest in the land for which the development is proposed,or their authorized agent. (1) App}isen is not the Owner's Permission. If the applicant is not the owner of the land, or is a contract purchaser of the land, the applicant shall submit a letter signed by the owner consenting to the submission of the application. "` Applisafit"^ not the sale 81A%er If the applicant is not the sole owner of the land,the applicant shall submit a letter signed by the other owners, or an association representing the owners,consenting to or joining in the development application. (b) Minimum Contents. The development application shall include the information and materials specified for that particular type of application in the applicable section of this Article V. In addition,all development applications shall,at a minimum,include the following information and materials: (1) Name,address,telephone number and power of attorney. The applicant's name,address and telephone number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name,address and phone number. (2) Legal description. The legal description and street address, if such exists,of the parcel on which development is proposed to eos . (3) Disclosure of ownership. A current certificate from a title insurance company or attorney licensed in the State which shall set forth the names of all owners of property included in the application and shall include a list of all mortgages,judgments, liens,contracts,easements or agreements of record that affect the property. At the Town's option,the holders or owners of such mortgages,judgments,liens,contracts,easements or agreements of record may be required to consent to the application before it is acted upon by the Town. (4) Written description. A written description of the proposal and an explanation,in written, graphic or model form, of how the proposed development complies with the review standards applicable to the application, found in the applicable section of this Article V. (5) Vicinity map. An eight and one-half inch by eleven inch (8%' x 11") vicinity map locating the subject parcel within the Town. (6) Other maps. All other maps required for the application shall be prepared at a scale of one inch equals one hundred feet(1" = 100')or larger,on sheets no larger than thirty inches by ,- � 3 TC Ord.00-15 Page 8 forty-two inches(30"x 42"),with an unencumbered margin of one and one-half inches(1.5")on the left hand side of the sheet and one-half inch(0.5")around the other three(3)sides of the sheet. Sheets of twenty-four by thirty-six inches (24"x 36")are preferred. If it is necessary to place information on more than one(1)sheet,an index shall be included on the first sheet. Report-size versions of all maps,reduced to a sheet size of no greater than eleven inches by seventeen inches (11" x 17"),shall also be submitted. (7) Base fee. The application shall be accompanied by the applicable base fee from the Community Development Department's fee schedule. The fee schedule shall be established and may be revised from time-to-time by the Planning Director. The fee schedule shall be available for review in the Community Development Department during normal business hours. a. Actual fee. The actual review fee shall be computed by the Planning Director,based upon a staff hourly rate determined by the Planning Director to be an estimate of the fully allocated hourly cost of review of the application by the Town staff,plus the actual costs incurred by the Town in employing consultants, including attorneys and engineers, performing services for the Town directly related to the application. b. Reimbursement due. The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Planning Director. The reimbursement to the Town by the applicant shall be due and payable within fifteen(15)days of the date of billing. (c) Consolidation. The Town's development review process is intended to encourage efficient processing of applications. Applicants may request, and the Planning Director may permit, the consolidated submission and review of all necessary development applications for a parcel of land. The Planning Director is authorized to waive any overlapping submission requirements in the consolidated review. (Ord.4-1998 §1) Sec. 16A-5-50. Staff review of application. (a) Determination of Completeness. The Planning Director shall determine whether the application is complete and includes information in sufficient detail to determine whether it complies with the applicable substantive standards of this Development Code. The Planning Director shall endeavor to make said determination and notify the applicant accordingly within fifteen(15)days of receiving the application. (1) Incomplete Application is not oemplete. If the application is not complete,the Planning Director shall inform the applicant of the deficiencies in writing within 15 days and shall take no further action on the application until the deficiencies are remedied. The Town Council,upon the recommendation of the Planning Director,may authorize the waiver or deferral of the requirement to submit certain application items if determined that they are not necessary to commence review of the application The authorization of the waiver or deferral request by the Town Council shall occur by adopting a resolution at a regularly scheduled meeting and shall reserve the rieht for the Town to require that any material initially waived or deferred may be required to be submitted by the applicant at any time during the review process if needed to evaluate the applicant's proposal. If the applicant fails to correct the deficiencies within sixty(60) days, the application shall be ZY - TC Ord.00-15 Page 9 considered withdrawn and returned to the applicant. (2) Complete Application iseemplete. If the application is complete,the Planning Director shall certify it as complete,and assign the application an agenda date with the applicable review body. (3) Completeness is not a determination of compliance. A determination that an application is complete shall not constitute a determination that it complies with the substantive standards of this Development Code. (b) Staff Review. Within thirty(30)days from the date of the completeness determination,the Planning Director shall review the development application to determine its conformance with the requirements of this Development Code. The Planning Director may solicit the professional analysis and recommendations of any other agency,organization or technical consultant deemed appropriate and necessary to complete the review,such as: (1)members of the Town staff, (2)county, state or federal entities having an interest in or authority over the proposed development or any portion thereof; (3) utility companies, special service districts serving the proposed development and the school district;and(4)engineers,designers and legal consultants. (c) Report. Prior to the date of the review body meeting,the Planning Director shall compile a written report that sets forth how the application complies with, or does not comply with, the applicable standards of this Development Code. At least three(3)days prior to the first public review of the application,the Planning Director shall distribute a copy of the report to each member of the review body and to the applicant,and shall make the report available to the public. (Ord.4-1998 §1) Sec. 16A-5-60. Notice of public hearings. (a) Notice Required. Table 5-1, Summary of Development Review Procedures,identifies the types of land development applications that require a public hearing,and at what step during the review process that hearing shall occur. Public notice shall be provided for each application type that is listed as requiring notice to be given. Notice shall be provided as specified below. (b) Manner and Timing of Notice. Public notice shall be given by publication of notice in the newspaper, mailing of notice to property owners surrounding the subject property and posting of notice on the property,as specified herein. The number of days prior to the hearing that each type of notice must be given is summarized in Table 5-2,Timing of Required Public Notices. (1) Publication of notice. Publication of notice shall be accomplished by the staff,who shall place a legal notice in a newspaper of general circulation in the Town. The legal notice shall state the date,time,location and purpose of the public hearing,and the name of the decision-making body conducting the hearing and shall be published once. (2) Mailing of notice. Mailing of notice shall be accomplished by the applicant. The notice TC Ord.00-15 Page 10 that the applicant shall mail shall be prepared by the Planning Director and provided to the applicant. Notice shall be sent by first class mail to all property owners with properties located wholly or in part within three hundred(300)feet of the subject property.In certain circumstances involving larger parcels the Planning Director may define the three hundred (300) foot notification boundary to be measured from the perimeter of the proposed project or area within the property being affected by the proposed development,rather than being measured from the entire property boundary. a. Source of list. The applicant shall compile the list of property owners to whom notice will be mailed by using the most current list of property owners on file with the County Tax Assessor. b. Contents of mailed notice. The notice that is mailed shall contain the following information: 1. Description of proposal. A description of the proposed application, including a reference to the Code section under which the application will be processed and the name of the decision-making body that will conduct the hearing. An exhibit depicting the proposed development shall also be included. 2. Description of property. A description of the subject property. 3. Town 43.Date time and place. The date, time and place of the public hearing for which notice is being given. 41.Map amendment. If the application is for an amendment to the Official Zone District Map,a map illustrating the proposed amendment shall be included with the mailed notice. The notice shall state what the present zoning is and what the new zoning will be and shall set forth the dimensional limitations for the proposed zone, as established in this Code. 45.Subdivision. If the application is for approval of a subdivision, the notice shall specify the proposed types of uses and gross residential density. -76.Additional hearings. The written notice shall also state that additional public hearings may be held before the Planning Commission and/or Town Council at later dates, for which only published notice shall be required, and shall indicate that additional information regarding the proposal is available for inspection at the Town offices during normal business hours. 87.Contact person. The address and telephone number of the 13epetertf Community Develonment Department,and the name of the person to whom written comments should be directed prior to the public hearing. /11W / TC Ord.00-15 Page 11 (3) Posting of notice. Posting of notice shall be accomplished by the applicant. The applicant shall obtain a copy of the sign from the staff or shall use a form approved by the staff. The applicant shall enter onto the sign the date,time, location and purpose of the public hearing, and the name of the decision-making body conducting the hearing. The applicant shall post the sign in a conspicuous location on the subject property. a. Dimensions. The dimensions of the sign shall be not less than twenty-two inches wide by twenty-six inches high(22"x 26"). Lettering on the sign shall be not less than one (1) inch in height. b. Materials. The materials to which the notice form is affixed shall be sturdy and waterproof or shall have a waterproof covering. The applicant shall maintain the sign in a legible manner until the closure of the public hearing and shall remove it on the day following closure of the public hearing. (4) Validity of notice. If the applicant follows the procedures indicated above in good faith, the failure of any particular property owner to receive notice shall not affect the validity of the proceedings which require such notice. By way of example, notice shall not be considered invalid because of unrecorded or subsequent transfers of title,or uncertainties concerning ownership not discernible from the tax assessment rolls. (5) Proof of notice. At or before the actual public hearing,the applicant shall provide the Town with an affidavit certifying that notice was posted. A copy of the list of property owners to whom notice was mailed shall be attached to the affidavit. A photograph of the posted sign shall also be attached to the affidavit. (Ord. 4-1998 §1; Ord. 6-1999 §1; Ord. 10-1999 §1) TABLE 5-2:'.. TIMING OF REQUIRED PUBLIC NOTICES a Days Prior To RearingThat PubfieNo ee Must Be Given Application Type Published Mailed Posted Ameadmentto 30 No No Comprehensive Pbm Interpretation.,. No No No Amendment to Test of 15 No No Developmeot,Coder Amendment to Official 15 30 15 Zone District Map PUD Sketch Plan 101 No No (Planning Commission). PUD Sketch Plan(Town 10 10 10 Council) PUD Preliminary Plan 30 30 is PUD Final Plan No No No 0011, a1 ' TC Ord.00-15 Page 12 30 Ma'or 15 w. IS Minor 1 30 15 9415 15 Vid 30 15 Ad" 2 No IS No No No No 30 is 30 30 15 Ann na{O1jpytygS 15 No 15 AdmBlLqugi " No No No Tempor�yk r CompreheodvaS4 "-` 15 15 No Plan I No public hearing occurs before the Planning Commission;the required public notice is for the joint meeting,pursuant to Section 16A-5-320(4),Joint Meeting. 2 Mailed notice shall be by certified mail and return labels shall be presented to the Planning Director prior to public hearing. PFOP861fig 10 adjust a building em-elepe,extend an an 9FRE10 OF 13818w gffA8 MMO&WO Sec. 16A-5-70. Action by decision-making body. The decision-making body shall comply with the following procedures in taking action on the development application. (a) Site inspection. As part of its consideration of the development application,the decision- making body may,as a group or through a committee appointed for that purpose,inspect the site of the proposed development. Upon reasonable request by the Planning Director,the applicant shall mark the development site before the site visit is to occur to locate property boundaries, building envelopes and other key site development features. (b) Conduct of public hearing. A public hearing shall be conducted in accordance with the following procedures: a. Rights of all persons. Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization. TC Ord.00-15 Page 13 b. Order of proceedings. The order of the proceedings shall be as follows: 1. Description. The Planning Director shall present a narrative and/or graphic description of the application and a staff report on the application, which includes a written recommendation. 2. Applicant presentation. The applicant shall be Preoared to present any information that has been Previously submitted in the application the eppliesat deetaa apgrep*iaw The Chairman conducting the Public hearing may define the scone,topical nature and time frame within which the Presentation shall be given. The burden shall be on the applicant to demonstrate through competent evidence that the application complies with all applicable provisions of this Development Code. 3. Public testimony. Public testimony shall be heard. 4. Applicant response. The applicant may respond to any testimony or evidence presented by the public. 5. Staff response. The Planning Director and any other staff member may respond to any statement made by the applicant or the public. c. Exclusion of testimony. The Chairman conducting the public hearing may exclude testimony or evidence that is found to be irrelevant,immaterial or unduly repetitious. if any testimony or evidence is so excluded, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer shall be made at the public hearing. d. Continuance of public hearing. The body conducting the public hearing may, on its own motion or at the request of the applicant,continue the public hearing to a fixed date, time and place. An applicant shall have the right to request and be granted one(1) continuance. All subsequent continuances shall be granted at the discretion of the body conducting the public hearing only upon good cause shown. e. Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to the action on the application by the decision-making body. f Record of public hearing. The body conducting the public hearing shall record the public hearing by any appropriate means,including transcription,audio tape or videotape. The written or taped record of oral proceedings,including testimony and statements of personal opinions; the minutes of the Clerk; all applications, exhibits and papers submitted in any proceeding before the decision-making,administrative or advisory body;the staff report and the decision of the body shall constitute the record. (3) Action by deeision malgag body. After hearing the evidence and considering the comments of all persons interested in the matter,the decision-making body shall make its decision and findings and have them entered in its minutes. The decision-making body shall not be 201 TC Ord.00-15 Page 14 required to take final action on an application during the same meeting when testimony from interested persons is taken,but action shall be taken as promptly as is reasonable. a. Findings. In its findings,the decision-making body shall report the facts,whether the application complies with the applicable review standards, and whether the application is approved, approved with conditions, recommended for approval by another body, tabled pending receipt of additional information or denied. b. Copy to applicant. A copy of the decision-making body's decision shall be provided to the applicant within a reasonable period of time after the decision has been made. (4) Inactive applications. The decision-making body may deny any application that remains inactive. An application may be deemed inactive and be denied when the decision-making body determines that the applicant is not making reasonable progress in moving the application towards final approval. a. Determination of inactivity. A project shall be considered inactive if more than two(2) months have passed since a written request for additional information was made by the Planning Director or the review body,and the request has not been complied with, or more than three(3)months have passed since the last official contact between the applicant and the decision-making body. b. Written notice.The Planning Director shall provide advaase written notice, 15 days in advance,to the applicant stating the time,place and date when the decision-making body will consider denial of the application due to its inactivity. (Ord.4-1998 §1) Sec. 16A-5-80. Appeals. (a) General. Table 5-1, Summary of Development Review Procedures, identifies those types of actions by decision-making bodies that may be appealed. Appeals of actions by decision-making bodies shall comply with the following procedures. (b) Written Appeal. An appeal of an action by a decision-making body shall be submitted in writing to the Planning Director within fifteen(15)days after the date of the decision being appealed. The written appeal shall state the basis of the appeal in detail,and the relief that is requested, and shall include any materials or evidence to support the appeal. (c) Standing to Appeal. The following persons shall be deemed to have standing to submit an appeal: (1) Applicant. The applicant or the owner of the property; (2) Person who testified. Any parties in interest person who testified at the public hearing on the application;or (3) Person who submitted written comments. Any person parties in interest who submitted TC Ord.00-15 Page 15 written comments on the application before final action was taken,excluding persons who only signed petitions or form letters. (d) Procedure. The appeal shall be heard by the body authorized to hear the appeal at a regularly scheduled meeting within thirty(30)days after the date of the filing of the written appeal. The Planning Director shall inform the applicant, the appellant, and anyone who testified at the public hearing or submitted written comments on the application of the date, time and place of the meeting. The body hearing the appeal shall either affirm,affirm with modifications or reverse the original action. The original action shall only be modified or reversed if it is determined that: (1) there is not substantial evidence in the record to support the original decision, or(2) the original action was inconsistent with the applicable provisions of this Land Use and Development Code. The decision of the appellate body shall be final and shall not be further appealed,but may be subject to review by the courts pursuant to law. (Ord.4-1998 §1) Sec. 16A-5-90. Vested property rights. (a) General. Consistent with the provisions of Section 24-68-101 el seq., C.R.S., a vested property right shall attach to and nun with the applicable real property upon the approval of a site specific development plan. (b) Site Specific Development Plan. A site specific development plan, for the purpose of vesting a property right under Section 24-68-102(4),C.R.S.,shall specifically include the following: (1) Final PUD plan. A final planned unit development plan approved pursuant to Article V, Division 3,Planned Unit Development. (2) Subdivision. A final plat of a subdivision approved pursuant to Article V,Division 4, Subdivision Regulations. (3) Special review. A special review use approved pursuant to Section 16A-5-230, Special Review. Where none of the foregoing approvals is required by the nature of an application for any land use approval,the final approval granted by resolution of the Town Council shall be deemed a site specific development plan,except that under no circumstances shall a variance be deemed to be a site specific development plan. Furthermore, the establishment of a zoning designation or a zone district with respect to any real property,either original or by an amendment to the Official Zone District Map or to the text of this Development Code,shall not constitute a site specific development plan,unless the amendment is approved simultaneously with any of the specific types of approvals listed above. (c) Conditional Approval. Approval of a site specific development plan may be made with or without condition,and the failure to fully abide by the terms of any conditional approval will result in a forfeiture of a vested property right. (d) Term of Vested Right. Rights which have been vested as provided herein shall remain so vested for a period of three(3)years,unless extended by the Town Council in its complete discretion TC Ord.00-15 Page 16 on a case-by-case basis. The Town Council shall consider both the needs of the Town and the property owner in determining to extend a vested property right beyond three(3)years. Any such extension shall be in the form of a development agreement duly authorized and executed by the landowner or landowners involved and approved by ordinance. The Town Council may impose reasonable conditions upon any such extension. (e) Applicability of Other Town Codes. The establishment of a vested property right shall not exempt the property owner from requirements for building permits,other necessary permits or other approvals required subsequent to the approval of a site specific development plan. The establishment of a vested property right shall not preclude the application of the requirements of the building code, fire code,plumbing code,electrical code,mechanical code or other requirements necessary for the protection of the public health,safety and welfare. (f) Judicial Review. Approval of a site specific development plan shall be subject to judicial review, and the period of time permitted by law for the filing of any such action shall begin to run from the date of site specific development plan approval. (g) Approvals Granted Prior to June 1, 1988. The provisions of this Section shall not apply to any site specific development plan or other land use approval granted prior to June 1, 1988. The applicable law on the date of such prior approval shall apply to such projects. (Ord.4-1998 §1) Division 2. Procedures for Review of Particular Applications See. 16A-5-200. Purpose. The purpose of Division 2 is to establish the procedures,submission contents and standards that apply to each type of development application within the Town. This Division addresses the following types of development applications: amendments to the text of the Land Use and Development Code,amendments to the Official Zone District Map,planned unit development(PUD), special review, variances, administrative modifications, subdivision exemptions, subdivision and temporary use permits. (Ord.4-1998 §1) Sec. 16A-5-210. Amendments to text of Development Code. (a) Purpose. The purpose of this Section is to provide the means by which the Town Council may, from time to time, amend, supplement or repeal the text of this Land Use and Development Code. (b) Initiation. An amendment to the text of this Development Code may be initiated by resolution of the Town Council, by the Planning Commission, by the Planning Director, by any person who holds a recognized interest in land within the Town or by any citizen or business owner within the Town. 32 ' TC Ord.00-15 Page 17 (c) Procedure. The following procedures shall apply to an application for an amendment to the text of this Development Code. These procedures are illustrated in Figure 5-2, Text or Map Amendment Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional,but recommended, prior to submission of an application for an amendment to the text of this Development Code. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-210(d), Submission Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. (4) Planning Commission review. A complete copy of the application shall be forwarded to the Planning Commission,together with a copy of the staff review. The Planning Commission shall review the application, considering the standards of Section 16A-5-210(e), Review Standards,and shall make its recommendations to the Town Council. (5) Town Council first reading. The Planning Commission's recommendations shall be forwarded to the Town Council at a regular meeting, together with a complete copy of the application and a copy of the staffs review. The Town Council shall consider all relevant materials and shall adopt an ordinance on first reading amending the Development Code as recommended or with modifications,or shall adopt a resolution denying the application, citing specific reasons therefor. (6) Public hearing. Prior to second reading of such ordinance,the Town Council shall hold a public hearing. Public notice of the hearing shall be given by publication of notice,pursuant to Section 16A-5-60(b), Manner and Timing of Notice. The Town Council shall consider the application, any relevant support materials, the staff report, the Planning Commission's recommendation and the public testimony given at the public hearing. Following closure of the public hearing, the Town Council shall either adopt the ordinance, adopt the ordinance with modifications or deny the ordinance,considering the standards in Section 16A-5-210(e),Review Standards. If the Council shall make modifications to the ordinance prior to adoption it may,but need not,remand the application to the Planning Commission for further recommendations. (7) Interim amendment procedure. From the period following the adoption of this Land Use and Development Code until December 31, 2000, the Town Council may initiate amendments to the text of this Code without compliance with the provisions of Section 16A-5- 210(c)(1)through(c)(5),provided that the Town Council shall refer such amendments to the Planning Commission following first reading of the ordinance for comment. Comments of the Planning Commission shall be delivered to the Town Council at the public hearing on the ordinance. (d) Submission Contents. An application for amendment to the text of this Development Code shall contain the following materials: � 33 � TC Ord.00-15 Page 18 (1) Minimum contents. The minimum contents for any application,as specified in Section 16A-5-40(b),Minimum Contents. (2) Precise wording. The precise wording of the proposed amendment. (e) Review Standards. An application for an amendment to the text of the Development Code shall comply with the following standards: (1) Consistent with purposes. The proposed amendment shall be consistent with the purposes of this Development Code. (2) Not conflict with other provisions. The proposed amendment shall not conflict with any other applicable provisions of this Development Code. (3) Consistent with Comprehensive Plan. The proposed amendment shall be consistent with the Town of Snowmass Village Comprehensive Plan. (4) Public health,safety and welfare. The proposed amendment shall preserve the public . health,safety,general welfare and environment and contribute to the orderly development of the Town. •3�' TC Ord.00-15 Page 19 FIGURE 5-2 TEXT OR MAP AMENDMENT PROCEDURES PRE.APPLICATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF PUBLIC REVIEW NOTICE PLANNING COMMISSION MEETING TOWN COUNCIL FIRST READING j OF ORDINANCE PUBLIC NOTICE TOWN COUNCIL SECOND READING OF ORDINANCE (Ord.4-1998 §1; Ord. 1-1999 §1) Sec. 16A-5-220. Amendments to Official Zone District Map. (a) Purpose. The purpose of this Section is to provide the means by which the Town Council may, from time to time,amend,supplement or repeal the contents of the Official Zone District Map. No rezoning of a specific parcel of real property by a change in zoning classification resulting in a change to the Official Zone District Map shall be valid unless approved by the Town Council pursuant to the provisions set forth herein. (b) Initiation of Map Amendment. An amendment to the Official Zone District Map may be initiated by resolution of the Town Council,by the Planning Commission,by the Planning Director or by any person who holds a recognized interest in the land affected by the proposed amendment or their authorized agent. (c) Procedure. The following procedures shall apply to an application for an amendment to the Official Zone District Map. These procedures are illustrated in Figure 5-2,Text or Map Amendment i3S � TC Ord.00-15 Page 20 Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional,but recommended, prior to submission of an application for an amendment to the Official Zone District Map. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the applicable materials specified in Section 16A-5-210(d), Submission Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. (4) Planning Commission review. A complete copy of the application shall be forwarded to the Planning Commission,together with a copy of the staff review. The Planning Commission shall review the application, considering the standards of Section 16A-5-220(e), Review Standards, and shall make its recommendations to the Town Council. (5) Town Council first reading. The Planning Commission's recommendations shall be forwarded to the Town Council at a regular meeting, together with a complete copy of the application and a copy of the staffs review. The Town Council shall consider all relevant materials and shall adopt an ordinance on first reading amending the Official Zone District Map as recommended or with modifications,or shall adopt a resolution denying the application,citing specific reasons therefor. (6) Public hearing. Prior to second reading and final adoption of such ordinance,the Town Council shall hold a public hearing. Public notice of the hearing shall be given by publication, mailing and posting of notice,pursuant to Section 16A-5-60(b),Manner and Timing of Notice. The Town Council shall consider the application,any relevant support materials,the staff report, the Planning Commission's recommendation and the public testimony given at the public hearing. Following closure of the public hearing,the Town Council shall either adopt the ordinance,adopt the ordinance with modifications or deny the ordinance,considering the standards in Section 16A- 5-220(e),Review Standards. (d) Submission Contents. An application for an amendment to the Official Zone District Map shall contain the following materials: (1) Minimum contents. The minimum contents for any application,as specified in Section 16A-5-40(b),Minimum Contents. (2) Survey map. An accurate survey map of the property proposed for amendment,stating the area of the property proposed to be amended in square feet or acres. (3) Zone districts. A map showing the present zone district designation(s)of the property and the zoning of all adjacent properties,as depicted on the Official Zone District Map. TC Ord.00-15 Page 21 (4) Existing uses. A description of the existing uses on the property and on all adjacent properties. (5) Petition. A petition in favor of the rezoning,signed by real property owners representing at least eighty percent(80%)of the land area included in the application, if property other than that owned by the applicant is included in the area of the proposed rezoning. (6) Private applications. For any private application for an amendment to the Official Zone District Map,the application shall contain a development proposal for the entire parcel,submitted in conformance with Article V,Division 3,Planned Unit Development,or any other applicable section of this Article V. a. Rezoning of a portion of a parcel. The Town Council may permit the rezoning of only a portion of a larger parcel when the Town Council has determined that said rezoning is consistent with the standards of Section 16A-5-220(e),Review Standards,and said action is necessary to promote the public health, safety and welfare. b. Conditional approval. The application for rezoning will be considered for conditional approval subject to subsequent approval of a development proposal for the area to be rezoned. (e) Review Standards. An application for an amendment to the Official Zone District Map shall comply with the following standards and,whenever applicable,shall also comply with the standards of Section 16A-5-220(f), Review Standards for Rezoning of Lands Zoned Open Space or Conservation. (1) Consistent with Comprehensive Plan. The proposed amendment shall be consistent with the Town of Snowmass Village Comprehensive Plan. (2) Consistent with purpose of zone district. The proposed amendment shall be consistent with the purpose of the zone district to which the property will be designated. (3) Compatibility with surrounding zone districts and uses. The development permitted by the proposed amendment shall be compatible with surrounding zone districts, land uses and neighborhood character and shall result in a logical and orderly development pattern within the overall community. (4) Necessary circumstances. The applicant shall demonstrate that the following circumstances exist: a. Error. There has been a technical error in the boundaries shown on the Official Zone District Map; or b. Changed conditions. There have been changed conditions affecting the subject parcel and the surrounding neighborhood that sappeFt 11 the proposed amendment; and c. Community need. The proposed amendment addresses and helps to resolve a TC Ord.00-15 Page 22 community need that is documented in or is consistent with the intent of the Comprehensive Plan. (f) Review Standards for Rezoning of Lands Zoned Open Space or Conservation. Certain lands have previously been zoned Open Space or Conservation within Snowmass Village by the Town, with the approval of the property owner at the time of the zoning. The preservation of these parcels in their open and natural character has been determined to be in the best interest of the public welfare. There are,however,certain circumstances where a change of zoning may be desirable in order to facilitate a development that is in the public interest. Any amendment to the Official Zone District Map that would change the zoning of any land designated Open Space or Conservation to any other zone district category established in Article III,Zone Districts,of this Development Code shall only be permitted when the application complies with the following standards: (1) Areas of five(5)acres or less. An area of up to but not exceeding five(5)acres that is zoned Open Space or Conservation may be rezoned to another zone district established in Article III,Zone Districts,provided that such amendment to the Official Zone District Map is necessary to facilitate a development proposal that is determined to be in the public interest and the application is approved by a two-thirds(2/3)vote of the entire Town Council. (2) Areas in excess of five(5)acres. An area exceeding five(5)acres that is zoned Open Space or Conservation may be rezoned to another zone district established in Article III,Zone Districts, in order to facilitate a development proposal only when the developer shall rezone a suitable amount of land that is zoned other than Open Space or Conservation to Open Space. The suitability of the amount and location of land to be rezoned to Open Space by the developer shall be at the discretion of the Town Council. The objective shall be to ensure that there is not a diminishment of quality open space within the Town. The Town Council shall,prior to approving the application, find that the proposed amendment to the Official Zone District Map is in the public interest. Approval of the application shall require a two-thirds(2/3)vote of the entire Town Council. (3) Election required. In an instance where the parcel to be rezoned from Open Space or Conservation to another category identified in Article 1I1,Zone Districts, does not comply with the standards of Subsections(f)(1)or(2)above,said amendment to the Official Zone District Map shall only be permitted by the Town Council after such application is approved by a majority of the electors voting on the proposal in a special municipal election. (Ord.4-1998 §1) Sec. 16A-5-230. Special review. (a) Purpose. There are certain uses which, because of their unusual character and potential impact upon the use and enjoyment of neighboring property, cannot be classified into a particular district or districts without site specific consideration of their impacts upon neighboring lands and upon the public need for the particular use at the particular location. These uses require special review of their location, design, intensity, density, configuration, operating characteristics and impacts on public facilities,and may require the imposition of appropriate conditions to ensure the use will be compatible at a particular location and mitigates its adverse impacts. TC Ord.00-15 Page 23 (b) Permit Required. Only those uses designated as a special review use in the underlying zone district in Article III,Zone Districts,may be approved by special review, after issuance of a permit in accordance with the procedures set forth herein. No approved special review use may be modified, structurally enlarged or expanded in ground area unless such modification,enlargement or expansion receives the prior approval of the Town, (c) Procedure. The following procedures shall apply to an application for a special review permit. These procedures are illustrated in Figure 5-6, Special Review Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is required eptional,bud faeenvnenda d,prior to submission of an application for a special review permit. At this meeting or within ten(10)days afterward,the Planning Director shall decide if the applicati on can be processed administratively by staff or if it must be forwarded to the Planning Commission and Town Council as the decision-maker. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Subsection(d),Application Contents. (3) Administrative Staff Review.Staff review of the application shall be accomplished,as specified in Section 16A-5-50, Staff Review of Application. For applications being processed administratively,a public notice that the staff is considering an application for a special review use shall be given by publication,mailing and posting of notice,pursuant to Section 16A-5-60(b), Manner and Timing of Notice. Notice of the public hearing shall also be provided to the Planning Commission. a. Public hearing. A complete copy of the application shall be forwarded to the Planning Director,together with a copy of the staff review. The Planning Director shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b),Conduct of Public Hearing. b.Action by Planning Director. Within three(3)days after the closure of the public hearing, the Planning Director shall approve, approve with conditions or deny the application, considering the relevant materials and testimony and the standards in Subsection (e), Review Standards. If, during the staff review or during the public hearing, any issues arise that cannot be resolved to the satisfaction of the Planning Director staf€or the applicant,then the staff shall refer the application within thirty(30) days to the Planning Commission,which shall approve,approve with conditions or deny the application, based on the standards in Subsection (e), Review Standards. Public notice that an application for a special review use has been referred to the Planning Commission shall be given by publication,mailing and posting of notice, pursuant to Section 16A-5-60(b),Manner and Timing of Notice. c. Appeal. A decision by the Planning Director or the Planning Commission on a special review application maybe appealed,pursuant to Section 16A-5-80,Appeals. The appeal shall be referred to the Town Council, which shall consider the matter ,39 . TC Ord.00-15 Page 24 pursuant to Section 16A-5-80(d),Procedure. (4) Action by decision-making body. The following procedure shall apply to an application for special review if,due to it's scale or potential impacts unon surrounding properties due to the nature and intensity of the proposed activity or use,it is detemuned by the Planning Director to warrant referral to the Planning Commission and Town Council for final determination. a Staff review. Staff review of the application shall be accomplished,as specified in Section 16A-5-50,Staff Review of Application. b Planning Commission review. A complete copv of the application shall be forwarded to the Planning Commission,together with a copy of the staff review. The Planning Commission shall review the application,considering the relevant materials and testimony and the standards in Subsection(e),Review Standards,and shall make its recommendations to the Town Council. (5) Action by Town Council. A complete copy of the application shall be forwarded to the Town Council together with a copy of the staff review. Public notice that the Town Council will consider the application shall be given by publication,posting and mailing of notice pursuant to Section 16A-5-60(b),Manner and Timing of Notice. The Town Council shall hold a public hearing to consider the application, which shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Town Council shall consider all relevant materials and testimony,shall consider the standards of Subsection(e) Review Standards,and shall approve,approve with conditions or deny the application. TIC Ord.00-15 Page 25 FIGURE 5.8 SPECIAL REVIEW APPLICATION PROCEDURES PRE•APPLICATION - CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF PUBLIC REVIEW NOTICE PLANNING DIRECTOR PUBLIC HEARING AcnONBV REFERAPPLICATION PLANNING TO DIRECTOR PLAN.COMMISSION CR PUBLIC NOTICE AND HEARING BY PLAN.COMMISSION PLANNING COMMISSION ACTION (NEW DIAGRAM TO BE PROVIDED AT THE MEETING) (d) Application Contents. A special review application shall contain the following: (1) Minimum contents. The minimum contents for any application,as specified in Section 16A-5-40(b),Minimum Contents. (2) Improvements survey. An improvements survey,showing the location and dimensions of all existing structures,streets,alleys,easements,drainage areas,irrigation ditches,public and private utilities and other significant features within the property. (3) Site plan. A site plan,showing proposed features that are relevant to the special review application. (4) Other information. The Planning Director may request the applicant to submit such other information as is necessary to evaluate the impacts of the special review application. Examples of the information that may be requested are elevations of proposed new or remodeled structures,analysis of the traffic impacts of the proposed use or evaluation of the environmental impacts of the proposed use. y TC Ord.00-15 Page 26 (e) Review Standards. An application for a special review use shall comply with the following standards: (1) Consistent with Comprehensive Plan. The proposed use shall be consistent with the intent of the Town of Snowmass Village Comprehensive Plan. (2) Comply with standards of Development Code. The proposed use shall comply with all other applicable standards of this Development Code,including,but not limited to: a. Zone district standards. The purpose of the zone district in which it is located, the dimensional limitations of that zone district and any standards applicable to the particular use, all as specified in Article III,Zone Districts. b. Development evaluation standards. The applicable standards specified in Article IV, Development Evaluation Standards. (3) Compatible. The proposed use shall be appropriate to its proposed location and be compatible with the character of surrounding land uses in the area,and shall not adversely affect the future development of the surrounding area. (4) Adequacy of access. Access to the site shall be adequate for the proposed use, considering the width of adjacent streets,their grades,intersection safety,visibility and entrance into the area to be developed. When appropriate,public transportation,or other public or private transportation services, and appropriate pedestrian facilities,shall be made available to serve the use. (5) Design minimizes adverse impact. The design and operation of the proposed use shall minimize adverse impacts and shall not create a nuisance, considering such impacts as traffic congestion or traffic hazards, service delivery,parking and loading,trash removal,odors,noise, glare and vibration. (6) Design minimizes environmental impact. The proposed use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat,scenic resources and other natural resources. (7) Facilities. There shall be adequate public facilities available to serve the proposed use, or the applicant shall propose necessary improvements to address service deficiencies that the use would cause. In particular,the applicant shall demonstrate that adequate water supply and sewage disposal service is available for the proposed use, including sufficient water pressure and Proximity to fire hydrants to provide for fire protection needs. (8) Parking. Sufficient off-street parking shall be provided for the proposed use. (f) Conditions Authorized. The Planning Director,Planning Commission or the Town Council may, in approving the special review permit, impose such restrictions and conditions on such approval,the proposed use, and the premises to be developed or used pursuant to such approval,as 7� TC Ord.00-15 Page 27 it determines are required by the Comprehensive Plan and this Development Code to prevent or minimize adverse effects from the proposed use and development on surrounding land uses and on the general health,safety and welfare of the Town. The Town shall be authorized to set limits on the length of any special review permit that it issues and to obtain assurances that the ongoing operation of the use will comply with all of the applicant's representations and all conditions of approval,such as by requiring an annual compliance review. All conditions imposed in any special review approval, with the exception of conditions made applicable to such approval by the express terms of this Development Code,shall be set forth in the special review permit. (g) Expiration. A special review permit shall be valid for three(3)years from the date of its issuance. If,within three(3)years,the applicant shall not have obtained a building permit to develop the special review use,or shall not have placed the special review use into operation,if the use does not require a building permit,then the permit shall expire. (1) Extension. An applicant may request an extension of these expiration provisions. The request shall be submitted to the Planning Director and must be submitted prior to the date on which the permit is to expire. Submission of a request for an extension shall stay the expiration of the permit until such time as the extension request is approved or denied by the Town Council. (2) Town Council authority. Authority to grant an extension of up to one(1)year shall be at the sole discretion of the Town Council,which shall consider whether it has been demonstrated that: (a)the applicant has diligently pursued the permit;(b)failure to proceed with the permit was beyond the applicant's control; and (c) there is a reasonable likelihood that the permit will be developed within the next year. (Ord.4-1998 §1) See. 16A-5-240. Variances. (a) Purpose. This Section sets forth the procedures and standards for obtaining a variance from the standards of the Land Use and Development Code. A variance is a deviation from the standards of the Development Code that is necessitated by special circumstances or conditions of the physical site(such as exceptional topography,or the narrowness, shallowness or shape of a particular piece of property),that would create practical difficulties for,or an unusual hardship upon,the owners of the land if the provisions of this Code were to be strictly enforced. (b) Procedure. The following procedures shall apply to an application for a variance. These procedures are illustrated in Figure 5-7,Variance Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional prior to submission of an application for a variance. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: a. Minimum contents. The minimum contents for any application,as specified in Section 16A-5-40(b),Minimum Contents. 40 TC Ord.00-15 Page 28 b. Site plan. A site plan of the subject property, showing existing improvements and proposed development features that are relevant to the review of the proposed variance application. c. Other information. The applicant shall submit such other written or graphic information as is necessary to describe and evaluate the proposed variance, such as proposed building elevations. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. (4) Action by Planning Commission. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. Public notice that the Planning Commission will consider the application shall be given by publication, posting and mailing of notice,pursuant to Section 16A-5-60(b),Manner and Timing of Notice. The Planning Commission shall hold a public hearing to consider the application, which shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Planning Commission shall consider all relevant materials and testimony, shall consider the standards of Subsection (c), Review Standards,and shall approve,approve with conditions or deny the application. (5) Appeal. A decision by the Planning Commission on a variance application may be appealed, pursuant to Section 16A-5-80, Appeals. The appeal shall be referred to the Town Council,which shall consider the matter pursuant to Section 16A-5-80(d),Procedure. TC Ord.00-15 Page 29 FIGURE 5-7 VARIANCE APPLICATION PROCEDURES PRE.APPLICATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF PUBLIC REVIEW NOTICE ] PLANNING COMMISSION PUBLIC HEARING PLANNING COMMISSION ACTION (c) Review Standards. An application for a variance shall comply with all of the following standards: (1) Special circumstances exist. There are special circumstances or conditions, such as exceptional topography,or the narrowness,shallowness or shape of the property,that are peculiar to the land or building for which the variance is sought, and do not apply generally to land or buildings in the neighborhood; (2) Not result of applicant. The special circumstances and conditions have not resulted from any act of the applicant; (3) Strict application causes practical difficulties. The special circumstances and conditions are such that the strict application of the provisions of this Development Code would result in practical difficulties to and undue hardship upon the use of the land or building; (4) Necessary to relieve practical difficulties. The granting of the variance is necessary to relieve the applicant of the practical difficulties and undue hardship in the use of the land or building and is the minimum variance that could be granted to achieve said relief; (5) Not adversely affect neighborhood. The granting of the variance will not change the character or otherwise adversely affect the neighborhood surrounding the land where the variance is proposed,will not have a substantially adverse impact on the enjoyment of land abutting upon TC Ord.00-15 Page 30 or across the street from the property in question,will not impair an adequate supply of light or air to adjacent property,will not increase the danger of fire or otherwise endanger public safety or the public interest and will not substantially diminish or impair property values within the neighborhood; (6) Harmony with Development Code. The granting of the variance will be in harmony with the purposes and intent of this Development Code, including the intent of the underlying zone district. No variance shall be approved that permits the construction or enlargement of any building or decks and related structures for any use prohibited in the underlying zone district;and (7) Consistent with Comprehensive Plan. The granting of the variance will be consistent with the intent of the Comprehensive Plan. (Ord.4-1998 §1) Sec. 16A-5-250. Administrative modifications. (a) Purpose. This Section sets forth the procedures and standards for obtaining an administrative modification. An administrative modification is a staff-level review procedure that allows minor changes to be made to certain dimensional limitations or other design features in order to address technical constraints or unanticipated circumstances that arise prior to or during final design and actual construction. An administrative modification shall only be granted for the following types of activities: (1) Setback. The intrusion of a building or an above-grade structure into a required setback by one(1)foot or less for new construction. (2) Floor area. An increase in the maximum allowable floor area of a structure by no more than two percent(2%)or fifty(50)square feet,whichever is less. (3) Building height. An increase in a building's height by one(1)foot or less. (4) Parking space size. A decrease in the size of a required parking space by one(1) foot or less. (5) Crawl space or attic space. A crawl space or attic space that is greater than five and one- half(5%2)feet at any point when rational construction methods will not allow compliance with the maximum height of five and one-half(5%2)feet,provided that the Planning Director may impose reasonable conditions to limit or restrict the use of said space. (6) On-grade or below-grade structures. The projection of an on-grade or below-grade structure into a required setback in a manner that exceeds the limitations established in Section 16A-3-200(b)(2), Structures On or Below Finished Grade. The Planning Director may impose reasonable conditions to ensure that such structures will not hinder road maintenance and snow plowing operations and will have minimal visual impacts, and to ensure that the owner indemnifies the Town against any damage that may occur to said structures. (7) Building outside of established envelope. An intrusion into a required setback,where �f6 � TC Ord.00-15 Page 31 a building or portion thereof was previously constructed outside of the established building envelope for the lot. (8) Adjustment to building envelope. Adjustment of a building envelope to correct an existing condition or to allow it to better conform to the standards of this Development Code,such as by allowing less vegetation to be removed from the site, helping to lessen impacts from drainage or site grading or permitting better access to the site to be provided. (9) Administrative amendments. An administrative amendment to any other design feature of an approved PUD, subdivision or building lot, or an administrative amendment to the uses approved for a PUD. Activities that shall not be considered administrative include changes to the overall character of the project, changes that substantially increase trip generation or the demand for public facilities and changes that are inconsistent with a condition or a representation of the projecPs original approval,or that require granting a further variation from that granted in the original approval. (10) Interim SPA (SPA-1 and SPA-2) authorization. Improvements to existing development within Specially Planned Area(SPA-1 and SPA-2)and Governmental Specially Planned Area zone districts that have not been reviewed pursuant to the procedures and standards of Article V,Division 3,Planned Unit Development, provided: a)the improvements are necessary for the maintenance and repair or remodeling of an existing building;b)there will be no change in type of use except as may be accessory to or customary in connection with the existing principal use(s) of the building; c) the total square footage of the floor space of the building is not increased by more than ten percent (10%) or five hundred (500) square feet, whichever is less, except in the case of Governmental Specially Planned Areas it shall be ten percent (10%) of the building floor space; d) the proposed improvements will be consistent with Section 16A-4-340,Building Design Guidelines to Preserve Community Character; and e)all future development improvements within the property shall be reviewed pursuant to the procedures and standards of Article V,Division 3,Planned Unit Development. The Planning Director shall require the preparation of an interim site development and land use plan and may impose reasonable conditions to ensure that such structures will not change the basic character of existing building or surrounding areas or have a substantially adverse impact upon surrounding properties. (11) Site disturbance outside building envelope. Earth berms located outside the building envelope which do not satisfy the criteria specified within Section 16A-4-320(b)(2)a, Earth Berm Outside Building Envelope. The Planning Director may impose reasonable conditions to ensure that such berm will be located and designed to reasonably fit the site and to minimize the visual impact upon surrounding property owners. (b) Procedure. The following procedures shall apply to an application for an administrative modification. These procedures are illustrated in Figure 5-8, Administrative Modification Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional prior to submission of an administrative modification application. TC Ord.00-15 Page 32 (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: a. Minimum contents. The minimum contents for any application,as specified in Section 16A-5-40(b),Minimum Contents. b. Site plan. A site plan of the subject property, showing existing improvements and proposed development features that are relevant to the review of the proposed administrative modification. As necessary, the applicant shall also submit such other written or graphic information as is necessary to describe the proposed modification, such as a sketch of those elements of the proposed structure for which an administrative modification is requested. c. Improvement survey. An improvement survey,showing the location and dimensions of all existing structures, streets,alleys,easements, drainage areas, irrigation ditches,public and private utilities and other significant features within the property or proximate to the project area shall be required as may be determined necessary by the Planning Director to ensure adequate review of the application. d. Other information. The Planning Director may request the applicant to submit such other information as is necessary to evaluate the impacts of the administrative modification application. Examples of the information that may be requested are elevations of proposed new or remodeled structures,analysis of the traffic impacts of the proposed use or evaluation of the environmental or fiscal impacts of the proposed use. e. List of adjacent owners. Applicants proposing to adjust a building envelope, extend an on-grade or below-grade structure into a required setback, obtain interim SPA(SPA-1 and SPA-2)authorization or to amend a use in an approved PUD shall submit a list of all owners of property that is located within three hundred(300) feet of the subject property. The list of persons shall be compiled pursuant to Section 16A-5-60(b)(2)a, Source of List. (3) Staff review and notice. Staff review of the application shall be accomplished as specified in Section 16A-5-50, Staff Review of Application. For an application proposing to adjust a building envelope,extend an on-grade or below-grade structure into a required setback, obtain interim SPA(SPA-1 and SPA-2)authorization or to amend a use in an approved PUD, the applicant shall provide notice by certified mail to all owners of property that is located within three hundred(300)feet of the subject property. The notice that is mailed shall contain sufficient graphic and written material to fully describe the administrative modification proposal and state that the Planning Director will take action on the application within fifteen (15)days after the date of the mailing. (4) Action by Planning Director. Following the notice period,the Planning Director shall either refer the application to the Planning Commission for final determination or issue a written decision notice approving, approving with conditions or denying the application, based on the following standards: a. Unforeseen circumstances. The proposed modification shall be the result of TC Ord.00-15 Page 33 circumstances that could not have been reasonably anticipated by the applicant prior to or during the original approval process;and b. Insubstantial impacts. Any adverse impacts on surrounding properties from the proposed modification shall be insubstantial. (5) Referral to Planning Commission. If, during the staff review or during the public hearing,any issues arise that cannot be resolved to the satisfaction of the staff or the applicant, then the staff shall refer the application to the Planning Commission, which shall approve, approve with conditions or deny the application,based on the standards in Section 16A-5-250(4) above. Public notice that an application for administrative modification has been referred to the Planning Commission shall be given by publication, mailing and posting of notice,pursuant to Section 16A-5-60(b),Manner and Timing of Notice. (6) Appeal. A decision by the Planning Director on an administrative modification may be appealed, pursuant to Section 16A-5-80, Appeals. The appeal shall be referred to the Town Council,which shall consider the matter pursuant to Section 16A-5-80(d),Procedure. (7) Recording of decision. If the Planning Director or Planning Commission approves the administrative modification, the applicant shall, within thirty (30) days of the date of said approval,cause the written decision notice to be recorded in the records of the County Clerk and Recorder. (8) Recording of interim site development and land use plan. Within ninety(90)days of the date of approval of the administrative modification,the applicant shall,if required by their approval, submit two thfee-(X) Mylar copies, suitable for recording, of the interim site development and land use plan to the Planning Director,together with any other documents that are to be recorded. The Planning Director shall review the documents to ensure they comply with the terms and conditions of approval, shall obtain signatures for all of the applicable certificates on the interim plan and shall return the documents to the applicant. The applicant shall thereafter cause the documents to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. TIC Ord.00-15 Page 34 FIGURE 5-8 ADMINISTRATIVE MODIFICATION APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF REVIEW PLANNING DIRECTOR ACTION L TO PLANNING DIRECTOR [ELAN=N1N(G=MMISSION OR DECISION (Ord.4-1998 §1; Ord. 1-1999 §1;Ord. 10-1999 §1) Sec. 16A-5-260. Temporary uses. (a) Purpose and Authority. This Section is intended to provide a mechanism for the Town to consider activities of a temporary or short-term nature that provide or facilitate an overall benefit to the community or further an official policy or objective of the Town,such as temporary activities of a civic, educational or cultural nature or entertainment-oriented activities. (1) Administrative temporary.use permit. An administrative temporary use permit maybe issued to any short-term use not allowed as a use by right,or as an accessory use or special review use in the particular zone district where the use is proposed,provided that the individual activity or event shall last for a period of time not to exceed ten(10)days. (2) Annual temporary use permit. An annual temporary use permit may be issued to any short-term use not allowed as a use by right, or as an accessory use or special review use in the particular zone district where the use is proposed, or that involves the construction of any structure,provided that the individual activity or event lasts for a period of time in excess of ten (10)days,but not to exceed one(1)year. (b) Review Procedure. The following procedures shall apply to an application for an annual or an administrative temporary use permit. These procedures are illustrated in Figure 5-11,Temporary Use Application Procedures. TC Ord.00-15 Page 35 (1) Pre-application conference. Attendance at a pre-application conference is optional prior to submission of an application for an annual or an administrative temporary use permit. The topics of discussion at the pre-application conference shall include,but not be limited to: a. Use and timing. The nature of the use in question and the time frame for which the temporary use permit is proposed to be in effect. b. Site characteristics. Physical characteristics of the site and surrounding area that will influence the determination of the suitability of the site for the proposed temporary use. c. Applicable provisions. The provisions of this Section that apply to the proposal, including the applicable review procedures, submission requirements and review standards. d. Emergency plans. Provisions and plans for dealing with potential emergency situations. e. Water and sanitation. Necessity for and availability of drinking water and sanitary facilities. f Food and beverage service. If food and beverage service is to be provided, a plan to provide such services and evidence of other necessary approvals or licenses. g. Parking and transportation. A parking and transportation plan and the necessity for police assistance. h. Admissions schedule. A rate, fee or admissions schedule for all or a portion of the activity, if applicable. i. Unique concerns. Any other concerns unique to the particular activity. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Subsection(c),Application Contents. (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. (4) Action by decision-making body. A complete copy of the application shall be forwarded to the decision-making body,together with a copy of the staff review. a. Administrative temporary use. If the application is for an administrative temporary use permit, or is for the renewal of a previously issued annual temporary use permit that will remain substantially as previously approved,then the Planning Director shall issue a written decision notice approving,approving with conditions or denying the application,based on the standards in Subsection (d), Review Standards. Prior to issuance of any administrative temporary use permit,the Planning Director shall forward a complete copy of the application to the Town Council,to notify the Council members of the pending action. TC Ord.00-15 Page 36 b. Annual temporary use permit. If the application is for an annual temporary use permit, then the Planning Commission shall review the application, considering the standards of Subsection(d),Review Standards,and shall make its recommendations to the Town Council. Public notice that the Town Council will consider the application shall be given by publication and posting of notice,pursuant to Section 16A-5-60(b),Manner and Timing of Notice. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b),Conduct of Public Hearing. The Town Council shall consider all relevant materials and testimony, shall consider the standards in Subsection (d),Review Standards,and shall,by resolution,approve,approve with conditions or deny the application. (5) Actions subsequent to approval. a. Appeal of administrative temporary use permit. A decision by the Planning Director concerning an application for an administrative temporary use permit may be appealed, pursuant to the provisions of Section 16A-5-80,Appeals. The appeal shall be referred to Town Council,which shall consider the matter pursuant to Section 16A-5-80(d),Procedure. b. Changes or modifications. Any proposed changes or modifications to an approved temporary use permit may be approved by the Planning Director,provided such changes or modifications are insubstantial in nature and are generally consistent with the original approval. All other proposed changes shall require repetition of the procedures for obtaining the temporary use permit. c. Expiration. An administrative temporary use permit shall expire at the conclusion of the event or activity for which it was granted,and shall not be extended or continued. f0` ' 1-- TIC Ord.00-15 Page 37 FIGURE 5-11 TEMPORARY USE APPUCATION PROCEDURES PRE-APPLICATNXI (IAANDATORI) SUBMIT APPLICATION STAFF REVIEW ADMIN.TEMP.USE ANNUAL TEMP.USE SON By PUNNING PLANNING COMMISSION DIRECTOR MEETING OR � PUBLIC NOTICE TOWN COUNCIL PUBLIC HEARING TOWN COUNCIL ACTION (c) Application Contents. An application for an annual or an administrative temporary use permit shall contain the following materials. (1) Minimum contents. The minimum contents for any application,as specified in Section 16A-5-40(b),Minimum Contents. (2) Site drawing. A drawing illustrating the characteristics of the site and surrounding area that are pertinent to the application, including its location, significant natural and man-made features,with particular attention to natural hazards,resources or other special areas of concern, the size and accessibility of the site and surrounding development and land use. and t&"t4@:F@,A%,A 11 hARAFFad'AIR An additional insufod paFjy in the palisy- The APPk9QFA Shall � 3 TC Ord.00-15 Page 38 (3) Notice of traffic disruption. Should the event involve major disruptions in normal traffic flow,the applicant shall provide evidence as to how the event will be brought to the attention of the general public, specifically outlining the areas where any rerouting will occur. (4) Liquor license. Evidence that a liquor license or any other necessary Town application has been submitted to the Town Clerk,whenever applicable. (5) Approval by landowner. If the applicant is not the landowner,then the applicant shall present evidence to show approval of the landowner for the particular use. (d) Review Standards. An application for an annual or an administrative temporary use permit shall comply with the following standards. (1) Use shall be appropriate. The proposed temporary use shall be appropriate in the particular location,taking into consideration the nature of the use,its relationship to surrounding land uses and its impact with respect to environmental, social and economic matters. (2) Use shall comply with policies and regulations. The proposed temporary use shall comply with the Town's adopted policies and regulations, and shall not violate any applicable state,county or federal laws. (3) Applicant's skills and experience. The applicant shall demonstrate that he or she possesses the requisite skill and experience to ensure that the particular activity will be conducted in a safe and orderly manner. (4) Written approval. The applicant shall obtain written approval from all reviewing agencies having jurisdiction over the proposed temporary use. (e) Conditions Authorized. In granting a temporary use,the Planning Director or Town Council may impose reasonable conditions upon the permit,but shall in any event require the applicant to abide by at least the following conditions: (1) Disruptions in traffic. Should the event involve major disruptions in normal traffic flow, the applicant shall bring notice of the event to the attention of the general public. Said notice shall specifically outline the areas where any rerouting will occur. (2) Liquor license. Should the event involve obtaining a liquor license,the applicant shall comply with all applicable Town liquor license requirements. (3) Other considerations. Such other considerations as may be necessary including,but not limited to, provision for a damage or clean-up deposit, additional fees, hours of operation, sanitation requirements,traffic control,parking,transportation and provisions for utility service. (f) Penalties. Violation of any term or condition of an annual or an administrative temporary use permit by the permittee, its agents or employees shall subject the permittee to the penalties set forth in Section 1-72 of the Municipal Code. In addition,where probable 000- 51,00� TC Ord.00-15 Page 39 cause exists to suspect that a violation of any term or condition of a temporary use permit will pose a threat to public health,safety or welfare,the Chief of Police is hereby authorized to revoke a temporary use permit and to require that any activity authorized thereby cease and desist immediately. (Ord.4-1998 §1) Section 16A-5-270 Site Plan Review (a) Purpose The purpose of site plan review is to allow detailed administrative review of development proposals that would not otherwise reauire submission of a development application in order to ensure compliance of the proposal with the provisions of this Land Use and Development Code. (b) Applicability. Site plan review shall be reauired for the following types of activities: 1 Construction Except as may be reviewed pursuant to Chapter 18,Building Regulations of the Snowmass Village Municipal Code, all construction, reconstruction exterior renovation conversion, expansion, enlargement, structural alteration relocation change in use,or change in intensity of use of any,multi-family,hotel or commercial or other non-residential dwelling. structure or property. The construction reconstruction or addition of site or structural retaining walls within single-family residential property shall also reauire site plan review. 2 Grading All grading bermine filling clearing,excavating, site preparation, or significant vegetation removal or landscaping for any property used or to be used for any single-family multi-family hotel, or commercial or other non- residential dwelling, structure orproperty. 3 PUD Any development proposed to a property designated Planned Unit Development(PUD)on the Official Zone District Map or any development proposed to property within a previously approved PUD that would not otherwise require submission of a PUD or PUD amendment application. Site plan review shall not be reauired for any single-family dwelling or duplex dwelling within a previously approved PUD except as may be required by Subparagraphs 1 and 2 above. (c) Procedure The following procedures shall apply to an application for site plan review The procedures are the same as the steps illustrated in Figure 5-8 for Administrative Modification Application Procedures. 1 If Building Permit Required Site plan review for development involving construction grading or landscaping submitted to be reviewed pursuant to Chapter 18 Building Regulations of the Snowmass Village Municipal Code shall be reviewed as Dart of the building permit process. The building permit plans shall be sufficiently detailed to show the extent of the development 00,SS000- TC Ord.00-15 Page 40 proposed and shall contain the information specified in Section 16A-5-270(d), to the extent that the information is applicable to the proposed development. Zoning approval may be granted if it is determined: a. The development proposed within the building permit plans comply with all applicable standards of the Land Use and Development Code, including but not limited.to the Development Evaluation Standards; and b. Any applicable terms and conditions imposed b To on any prior approval granted to the property have been satisfied. 2 If Buildin¢Permit Not Required The following procedures shall apply to an application for site plan review of anv development not reviewed pursuant to Chapter 18 Building Regulations of the Snowmass Village Municipal Code: a. Pre-Application Conference. Attendance at a pre-application conference is optional prior to submission of an application or site plan review. Applicants are encouraged to attend the pre-application conference to discuss whether anv other application procedures apply to the proposed development and to determine which of the submission contents for site plan review will apply to the application. b. Submission of Application The applicant shall submit an application to the Planning Director that contains the following applicable materials: 1) Minimum Contents The minimum contents for any application, as specified in Section 16A-5-40(b). Minimum Contents. 2) Site Plan A site plan of the subject property. The site plan shall be sufficientiv detailed to show the extent of the development proposed The site plan shall contain the information specified in Section 16A-5-270(d) as that information is applicable to the proposed development. 3) Staff Review. Staff review of the application shall be accomplished as specified in Section 16A-5-50, Staff Review of Application. 4) Action By Planning Director. Following staff review of the application the Planning Director shall determine whether the application complies with the standards of this section. Based on this determination the Planning Director shall issue a written decision notjce approving the application approving the /.56*00- TC Ord.00-15 Page 41 application with conditions or denying the application. Provided. however,that the Planning Director may determine that the scone and nature of the development Proposed in the site plan may create impacts that would be of significance to the community, or may determine that issues have arisen that cannot be resolved between staff and the applicant and may refer the application to the Planning Commission or to the Plannine Commission for recommendation to the Town Council. The standards for site plan review by the Planning Director,Planning Commission,or Town Council are as follows: a) Compliance With Code. The site plan shall comply with all applicable standards of the Land Use and Develonment Code including but not limited to, the Development Evaluation Standards: and b) Compliance With Prior Conditions. The site plan shall comply with any applicable terms and conditions imposed by the Town on any prior anproval granted to the property. 5) Appeal A decision by the Planning Director or Planning Commission on a site plan may be appealed nursuant to Section 16A-5-80 Appeals The appeal shall be referred to the Town Council which shall consider the matter nursuant to Section 16A- 5-80(d),Procedure. 6) Recording When required as a condition of site Plan approval. the apnlicant shall submit two(2)molar copies of the site plan, together with any other documents that are to be recorded. The required documents shall be submitted within ninety(90) days of the date of the site plan's approval The Planning Director shall review the documents to ensure they compiv with the terms and conditions of the approval shall obtain signatures for all of the applicable certificates on the site plan, and shall return the documents to the applicant The apnlicant shall promptly cause the documents to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. 7) Amendments. An amendment to an approved site plan shall be reviewed by the Planning Director,who may approve the application approve it with conditions or deny it,based on whether the proposed amendment complies with the standards for site Plan review, above. (d) Submission Contents for Site Plan. The site Plan shall contain the materials listed 5-11 TC Ord.00-15 Page 42 below. The information may be provided on a single sheet or a set of sheets, as appropriate The Planning Director is authorized to waive any of these reaturements if the material would not be applicable to the proposed development. The Planning Director is also authorized to allow an applicant who wishes to obtain site plan approval for a particular phase of development to seek approval for just that phase. For example an applicant who proposes to grade a site or to install utilities might only be reouired to submit the applicable grading or utilities plan. 1. Site Information. a Boundaries Perimeter boundary of the subject site and lot lines, if the application is for multiple lots. b Natural Features Natural site features including water courses, one hundred(100)year floodWain wetlands noarian areas, sensitive wildlife habitat areas geologic hazard areas and ridgeline protection areas Topography shall be depicted at two(2) foot contour intervals. C. Easements and Building Envelopes All easements affecting the property,and any building envelopes that may have previously been designated for the property. 2 Proposed Development. a Footprints and Setbacks Proposed footprints of all principal and accessory structures The setbacks from structures to property lines shall be dimensioned Anv reoujred setbacks to floodplam, riparian, wetland or rid elme areas shall also be dimensioned. b Streets Parking Areas and Utilities Location and width of any existine or proposed streets driveways points of access, sidewalks, and trails Existing and proposed parking areas shall be shown, including the location and dimensions of all parking spaces and dnvme aisles The location of existing and proposed water lines, fire hydrants, sewer lines drainage facilities and other utilities shall also be shown. C. Public Spaces Locations of any public spaces plazas outdoor seating areas trash enclosures recycling facilities, and loading docks. d Landscane Plan A landscape nlan depicting the type amount size, species and location of all plant materials with a planting schedule Plans for irrigating landscaped areas shall be provided if applicable. The plan shall show the location of all existing trees with a trunk circumference of fourteen(14)inches or more measured four and one- half(4 1/2) feet above the ground and shall indicate which trees are SS . TC Ord.00-15 Page 43 proposed to be removed Where large groves of trees are to remain undisturbed single trees need not be located. The landscape plan shall also show the location of proposed light fixtures and the location and dimensions of all snow storage areas. e Building Elevations Building elevations at a vertical scale of not less than one-eighth inch eouals one foot(1/8" = 1')or larger of all significant facades of the proposed buildings. Building elevations shall be of sufficient detail to indicate building openings, materials posed for the roof and exterior of the buildings, decks and other architectural features of the building, including chimneys and mechanical areas and features affecting the roof lines of all proposed buildings. f Grading Plan Existing and proposed grades at a contour interval of two(2) feet or less based on field survey controls, including location with proposed grades and elevations for all buildings,roads,walks, storm sewers and other drainage structures and devices,retaining walls and other landscape features. The plan shall provide designs for sediment control devices to be emploved including specifications of how graded areas will be stabilized and revegetated after construction is completed. 3 Other Reports and Plans Any other reports or plans that the Planning Director determines are necessary to demonstrate the proposal's conformance with the Town's Development Evaluation Standards contained in Article IV of the Land Use and Development Code. Division 3. Planned Unit Development (Note: This Division has been reformatted per TC direction) Sec. 16A-5-300. Purpose; overview; general restrictions. (a) Purpose. The purpose of the planned unit development(PUD)process is to permit variations from the strict application of certain the-standards of the Town's zone districts in order to allow flexibility for landowners to creatively plan for the overall development of their land and thereby,to achieve a more desirable ewvirenmont development would be possible through the strict application of the minimum standards of this Development Code. Specifically, it is the purpose of the planned unit development process is to: (1) Allow creativity. Allow a creative approach to the development and use of land and related physical facilities to produce better developments and to obtain amenities for residents of the PUD and the public in general. s41-00- TC Ord.00-15 Page 44 (2) Allow variations. Allow a developer variations from certain requirements of the underlying zone district, provided such variations are consistent with the Comprehensive Plan, and will result in benefits for the community. (3) Maximize choice. Maximize choice in the type of wa*irea;wanis developments available to the public. (4) Preserve natural features. Create patterns of development that preserve valued environmental resource lands and avoid the development of natural hazard areas. (5) Efficient land use patterns. Relate residential, commercial and community facilities in a manner that promotes cost effective transportation systems and population distribution,and enhances pedestrian access and movement that might not otherwise be achieved under the strict application of the requirements of underlying zoning. (6) Ensure public input. Ensure appropriate levels of public input to the planning process,so that sensitive areas of the community can be developed in accordance with community goals and objectives. (7) Community Value Allowing flexibility for landowners to beneficially Plan for the overall development of their land to the extent that the final product presents a net Positive result for the community. (b) Overview of PUD Procedure. A PUD application shall be reviewed pursuant to the procedures and standards of this Section. (1) Major or Minor PUD. The procedures applicable to a particular PUD are dependent on whether the project is classified as a minor or a major PUD. The criteria for classifying projects as major or minor are described in Table 5-3, Criteria for Classifying PUD's as Major or Minor. If a proposed development activity does not fit within the criteria listed in the table,then the Planning Director shall determine whether the proposal should be classified as a major or minor development, taking into consideration whether or not it would be beneficial for the Town to review a sketch plan of the proposed development. TABLE 5-3 CRITERIA FOR CLASSIFYING PUD'S AS MAJOR OR MINOR Major PUD MinorPUD , A major PUD is a project that A minor PUD is a project that meets meets any of the following all of the following criteria: TC Ord.00-15 Page 45 criteria: New Develo ment New Development . Contains no more than four(4) • Contains more than four(4) dwelling/hotel/ dwelling/hotelAodge or other lodge or other residential units. residential units. • Contains no more than four • Contains more than four thousand(4,000)sq. ft.of thousand(4,000)sq. ft.of nonresidential space. nonresidential space. Additions/Re-Development Additions/Re-Development . Adds no more than six(6) • Adds more than six(6) dwelling/hotel/lodge or other dwelling/hotel/lodge or other residential units. residential units. • Increases the existing floor area or • Increases the existing floor footprint of a nonresidential area or the footprint of a building by no than ten percent nonresidential building by (10%). more than ten percent(10%). (2) Steps in PUD review process. A major PUD shall be processed according to the following review steps, as further described herein: a. Sketch PUD plan review by the Planning Commission and Town Council. b. Preliminary PUD plan review by the Planning Commission. C. Preliminary PUD plan review by the Town Council. d. Final PUD plan review by the Town Council. A minor PUD shall be processed according to the same review steps as a major PUD, except that a minor PUD shall not be required to proceed through sketch PUD plan review. (3) One(1)major PUD under review. Unless otherwise authorized by resolution of the Town Council, there shall only be one(1)major PUD application under review by the Planning Commission and one(1)other major PUD application under review by the Town Council at any time. The Planning Director shall establish fe»laio procedures to administer this policy,based on the e. bl ' TC Ord.00-15 Page 46 following provisions: a. Priority to first complete application. Scheduling priority shall be given to the first complete major PUD application received, provided that: i. Any project that has received sketch plan approval shall receive scheduling priority upon submission of its preliminary and final plan applications; and ii. Any major PUD application that the Town Council determines serves a public purpose shall receive scheduling priority over all other development applications. b. Requests for additional information. In order to allow for development review to proceed in a timely and fair manner, applicants who are requested by the Planning Commission or Town Council to submit additional information or to amend their application which are necessary for the uninterrupted continuous review shall submit a complete package of the requested materials to the Planning Director at least seven(7)days prior to the next scheduled meeting of that board. If an applicant does not submit the requested materials in a timely manner or if the applicant requests that the processine of their application be delayed,the next prioritized application will be scheduled before that review board. However,once the applicant submits a complete package of the requested materials to the Planning Director or the applicant has requested that the review of their application recommence, the application shall receive the next available scheduling priority, as determined by the Planning Director,over all other development applications. The provisions of this paragraph shall also apply to a submission being processed under the provisions of Chapter 16. C. Sketch plan review accommodation. If the processing status of an existing application with scheduling priority allows, the Planning Director may schedule a new sketch plan application for review before the Planning Commission or the Town Council at meetings that do not delay the processing of the existing application. (c) General Restrictions. Although one(1)of the purposes of these PUD regulations is to provide flexibility in the land development process, this Section is intended to define the limits of that flexibility. The following restrictions shall apply to all PUD's: (1) Minimum land area. There shall be no minimum land area qualification in order to be eligible to apply for a PUD,provided that PUD approval shall not be granted solely to permit variations to develop a single lot, building or use. TC Ord.00-15 Page 47 (2) Location. A PUD may be developed on any land located within the Town. (3) Uses. The land uses permitted in a PUD shall be limited to those uses that are allowed,or are allowed by special review, in the underlying zone district. (4) Maximum buildout. The Comprehensive Plan contains an analysis of future buildout of single-family subdivisions and other developments within the Town limits. It identifies the maximum number of future lots/units and commercial/other space that may be developed within each subdivision,parcel or other development. The Unit Equivalencv Chart, found in Table 5-4, defines what constitutes a unit by distinguishing between the various dwelling tyres and sizes and specifying an equivalency factor to be utilized to establish the number of future buildout units that will be generated by the proposed development. If the Town Council determines that the PUD complies with the applicable provisions of this Subsection(c), General Restrictions, the standards of Section 16A-5-310,Review Standards, and any other applicable provisions of this Code,then a PUD may develop up to,but not more than, sigfieas 4 944 sixty-five percent(65%)of the maximum number of future lots/units and commercial/other space identified for that subdivision or other development in the buildout analysis. The Town Council may approve a buildout that is less than or greater than sixty-five percent(65%),based on the following standards: a. Lesser buildout. A lesser buildout may be approved by the Town if, during the evaluation of the compliance of the PUD with the applicable review standards, it is determined that there are site specific physical constraints on the property that would limit its anpronriateness for buildout, (such as the presence of wetlands, flood plains, steep slopes or wildlife habitat), or the applicant has been unable to adequately provide public improvements or services necessary for the development, or the buildout would be incompatible with surrounding land uses or with the character of the community as described in Section 16A-4-340, Building Design Guidelines to Preserve Community Character, or if other pertinent limitations are identified. b. Greater buildout. A greater buildout 0 da*slopmentr may be approved if the Town Council finds that the PUD achieves one (1) or more of the purposes described in Subsection(c)(6), Community Purposes for PUD's, and the PUD complies with the other applicable provisions of this Subsection(c), General Restrictions, the standards of Section 16A-5-310,Review Standards, and any other b3 , TC Ord.00-15 Page 48 applicable provisions of this Code. No buildout may be nermitted to exceed one-hundred percent(100%)of the maximum number of future lots/units and commercial/other space listed for that subdivision parcel or other development.except that under unique and exceptional circumstances where it can be sufficiently demonstrated by the applicant that the resulting development will exceed the PUD review criteria standards, a reconsideration and amendment of the future buildout analysis chart allocation for that subdivision parcel or other development may be considered. The Town Council shall then adopt an ordinance approved by at least three-quarters('/4)of the members of the Town _Council present and voting,amending the future buildout analysis chart and identifying the reasons why the amendment is warranted TABLE 5.4.UNIT EQUIVALENCY SQUARE UNIT CATEGORIES FOOTAGE EQUIVALENT MULTI-FAMILY I Less Than 1,000 s.f. 0.5 MULTI-FAMILY II 1,000 s.f. - 1,500 s.f. 0.66+.05 Per Each Additional 100 s.f Above 1,000 sx.. MULTI-FAMILY III 1,501 s.f-2,500 s.f 0.833+.10 Per Each Additional 100 s.f.Above 1,500 s.f. MULTI-FAMILY IV More Than 2,500 s.f 1.5+.25 Per Each Additional 100 s.f.Above 2,500 s.f. SINGLE-FAMILY I Less Than 2,500 s.f 1 SINGLE-FAMILY 1I 2,500 s.f -4,500 s.f. 1.0+ .10 Per Each Additional 100 s.f Above 2,500 s.f. SINGLE-FAMILY III More than 4,500 s.f. 3.0+.50 Per Each Additional 100 s.f.Above 4,500 s.f. HOTEL/LODGING I Less Than 500s.f 0.33 HOTEL/LODGING II 500 s.f - 1,000 s.f. 0.33+.10 Per Each Additional 100 s.f Above 500 s.f HOTEL/LODGING III More than 1,000 s.f. 0.833+.25 Per Each Additional 100 s.f.Above 1,000 s.f. (5) Dimensional limitations. Certain dimensional limitations applicable to the property may be varied within a PUD. The limitations that may be varied are those of the underlying zone district; or, for properties for which a PUD or other development plan has previously been approved, the limitations set by that approval. For any property designated PUD or SPA without an underlying zone district, the PUD process shall be used to rezone the property to a zone district containing dimensional limitations in order to establish the applicable dimensional limitations for the property. Only the following dimensional limitations may be varied: r 6 �' a. Maximum allowable height of any structure within the PUD; b. Minimum open space requirement for the PUD; C. Maximum allowable floor area of the PUD; d. Minimum area of lots within the PUD; and e. Minimum setbacks for buildings within the PUD. A dimensional limitation may be varied when the Town Council finds that the PUD achieves one(1)or more of the applicable purposes listed in Subsection (c)(6),Community Purposes for PUD's,that granting of the variation is necessary for that purpose to be achieved, and that the resulting development will be consistent with the provisions of Subsection(c)(7), Standards for Granting of Variations, and Section 16A-5-310, Review Standards. (6) Community purposes for PUD's. The Comprehensive Plan identifies certain purposes the community intends to achieve as it develops. The following purposes shall be used in determining whether the buildout for a PUD may exceed sixty-five percent(65%)of that identified in the buildout analysis and whether any of the parcel's dimensional limitations should be varied: a. Provision of restricted housing. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to offer an incentive to applicants to provide more restricted housing within the PUD than would otherwise be required by this Development Code,particularly in those priority locations for such housing identified within the Comprehensive Plan. b. Encourage sustainable development. A parcel's maximum buildout may be achieved and its dimensional limitations may be vaned to encourage sustainable development within the Town that hoips to diversifies the mix of lodging,retail and dining uses and that is consistent with the intent of the Comprehensive Plan. (Define"Sustainable Development" —To be provided at the meeting.) C. Provide open space and/or avoid wildlife habitat. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to provide necessary site planning flexibility to enable the development to provide more and higher ouality gwaw open space or to conserve critical wildlife habitat lands. This shall be accomplished in such a way as to maintain these lands as large, contiguous areas. Such lands shall not be fragmented into small, unconnected areas by development,unless the applicant demonstrates that this arrangement will result in the most suitable development pattern for the property,and that the lands providing valued open space or critical wildlife habitat have been protected. Where applicable, connections of such lands on the site to /&/6 / TC Ord.00-15 Page 50 such lands on adjacent properties shall be accomplished. d. Encourage better design. A parcel's dimensional limitations may be varied(but its maximum buildout may not be achieved)to allow for greater variety in the type, design and layout of buildings. Structures shall be designed to be compatible, in terms of height,mass, scale, orientation and configuration, with other buildings in the PUD and with surrounding uses,yet shall avoid uniformity of design. Various types of residential uses may be combined within the PUD (when allowed by the underlying zone district), to promote more efficient land use patterns and increased open space. e. Develop necessary public facilities. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to provide an incentive for an applicant to develop, or contribute to the development of, necessary public facilities, such as public parking and transportation facilities,public recreation facilities and other public facilities consistent with the intent of the Comprehensive Plan and the Town's goals and objectives. The facilities may be located within, or outside of the PUD,but shall be facilities that meet the needs not only of project residents,but also of other residents of and visitors to the Town. Achieving one (1) or more of the applicable purposes listed above does not,by itself, grant any development entitlement for the buildout of a PUD to exceed sixri-five percent(65%1 of that identified in the buildout analysis or for any of the parcel's dimensional limitations to be varied. (7) Standards for granting of variations. Any PUD that requests any of the variations authorized in Subsection(c)(5), Dimensional Limitations, shall also comply with the following standards: a. Height. A request to increase the maximum allowable height for any building or structure may be approved by the Town Council,provided that least fifty percent(50%)of a building or a-structure's footprint and volume within the PUD conforms to the height limits of the underlying zone district. In exceptional and unique circumstances, a structure may, however,be permitted to exceed the fifty percent(50%) limitation if the applicant is able to sufficiently demonstrate through detailed view plane analysis that views from surrounding properties will not be adversely affected and that the proposed structure will be compatible, in terms of height mass scale orientation and configuration, with other buildings in the PUD and with surrounding uses. Said variation shall approved by at least three-quarters(%)of the Town Council members of the Town Council present and votine and identifying the reasons why the height variation is warranted. TC Ord.00-15 Page 51 b. Open space and minimum lot area. A variation to reduce the minimum open space requirement or to reduce minimum lot area (in order to cluster lots) may be permitted if: i. Such variation will not be detrimental to the character of the proposed development or to surrounding properties; ii. The proposed development shall include open space for the mutual benefit of the entire development; and iii. The open space that is provided is accessible and available to at least all dwelling units and lots for which the open space is intended. C. Minimum building setbacks. Minimum building setbacks shall be established by the PUD plan,provided adequate distance shall be left between buildings for necessary access and fire protection, and to ensure proper ventilation, light, air and snowmelt between buildings, and to minimize the effects of transmission of noise between units and between buildings. (8) Parking. The number of parking spaces in the PUD shall be that required for the underlying zone district, unless a reduction in that requirement is granted, pursuant to Section 16A-4-310(c), Reduction of Required Parking. (9) Road standards. A PUD may be permitted to deviate from the Town's road standards, to enable the development to achieve greater efficiency of infrastructure design and installation through clustered or compact forms of development or to achieve greater sensitivity to environmental features, when the following minimum design principles are followed: a. Safe, efficient access. The circulation system shall be designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way,private vehicular or pedestrian way or a commonly owned easement. b. Internal pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off-site. C. Emergency vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency and utility vehicles, as applicable, to use private TC Ord.00-15 Page 52 roadways in the development for the purpose of providing emergency services and for installation,maintenance and repair of utilities. d. Principal access points. Principal vehicular access points shall be designed to provide for smooth traffic flow,minimizing hazards to vehicular,pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall be Prohibited dieaeaFegad when other reasonable access options are available. e. Snow storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. (Ord. 4-1998 §1; Ord. 13-1998 §1; Ord. 1-1999 §1; Ord. 6-1999 §1) Sec. 16A-5-310. Review standards. In addition to demonstrating its compliance with the provisions of Section 16A-5-300(c), General Restrictions, and with all other applicable provisions of this Code, a proposed PUD shall also comply with the following review standards: (1) Consistency with Comprehensive Plan. The PUD shall be consistent with the intent of the Town's Comprehensive Plan. (2) Preservation of community character. The development proposed for the PUD shall be consistent with the standards of Section 16A-4-340,Building Design Guidelines to Preserve Community Character, shall be compatible with, or an enhancement of,the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. (3) Creative Approach The development Proposed for the PUD represents a creative approach to the development and use of land and related physical facilities to Produce better developments and to provide amenities for residents of the PUD and the public in general. (4) Landscaping. Proposed landscaping for the PUD shall provide sufficient buffering of uses from one another(both within the PUD and between the PUD and surrounding lands)to minimize noise,glare and other adverse impacts, shall create attractive streetscapes and parking areas and shall be consistent with the character of the Town. (5) Comply with development evaluation standards. The PUD shall comply with all applicable provisions of Article IV of this Development Code, Development ,- 9q � TC Ord.00-15 Page 53 Evaluation Standards. (6) Suitability for development. The property proposed for the PUD shall be suitable for development,considering its topography, environmental features and any natural or man-made hazards that affect its development potential. (7) Adequate facilities. The applicant shall show that: a. Adequate facilities will be provided to the PUD for water supply, sewage disposal, solid waste disposal, electrical supply, fire protection,roads and pedestrian circulation; b. The PUD has been located so as to be reasonably convenient in relation to police and fire protection, emergency medical services and schools; and c. The PUD will accommodate the efficient provision of transit facilities and services. (8) Spatial pattern shall be efficient. The PUD shall be located to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or that require duplication or premature extension of public facilities. a. Roads. Any new road developed to serve the PUD shall be continuous and in alignment with existing platted streets to which the street is to be connected. Where appropriate,new streets shall be planned so that they can create an interconnected Town road network, with provision for adequate road and utility easements. Where cul-de-sacs are used in the development, the applicant is encouraged to provide a trail or similar pedestrian link between them. c. Water and sewer lines. Any water or sewer line extension necessary to serve the PUD shall be consistent with the Snowmass Water and Sanitation District's service plan and the Town's Comprehensive Plan. (9) Phasing. If the PUD is to be developed in phases,then each phase shall contain the required streets, utilities, landscaping and other improvements that are necessary and desirable for residents of the project. If the PUD incorporates any amenities for the benefit of the Town, such as trail connections,these shall be constructed within the first phase of the project, or, if this is not possible,then as early in the project as is reasonable. (Ord. 4- 1998 §1; Ord. 13-1998 §1; Ord. 1-1999 §1) Sec. 16A-5-320. Sketch plan (a) Purpose. The sketch plan review slap is an opportunity for the Town and the applicant TC Ord.00-15 Page 54 to engage in an exploratory discussion of a development proposal, to raise issues and concerns and to examine alternative approaches to development of the property. The applicant is encouraged to provide a written or graphic description of any alternative ideas that were considered as the sketch plan was being prepared. It should be expected that the development proposal may evolve during the course of sketch plan review. (b) Sketch Plan Review Intent and Issues. To encourage the consideration of alternatives and to allow the sketch plan to evolve, overly detailed preliminary plan level sketch plans will not be considered. The questions the Planning Commission and Town Council should consider in a conceptual manner during review of the sketch plan (depending upon the size and complexity of the proposal)include the following: (1) Use. Is the use proposed for the property generally appropriate in this location? Is it consistent with the intent of the underlying zone district and the character of surrounding uses? (2) Comprehensive Plan. Is the proposed development generally consistent with the Town's Comprehensive Plan? Is the proposed buildout within the range anticipated for the property? If the applicant proposes a buildout in excess of sixty-five percent(65%)of that identified in the Comprehensive Plan,then are the community purposes the applicant proposes to achieve the appropriate ones for this development to accomplish? (3) Architecture and landscaping. Are the buildings proposed to be developed in appropriate locations? Is the mass, scale and density of the buildings generally compatible with the character of the community and that of surrounding buildings? How much of the site is proposed to be common or dedicated open space? Is this an adequate amount of open space and does it appear to be in the appropriate locations? (4) Natural resource and hazard areas. What are the natural resource and hazard areas on the property? Is mitigation appropriate? (5) Access and circulation. Is the conceptual location, alignment and type of entry roads and the primary on-site roads acceptable? Should the applicant provide transportation options for residents, visitors, guests and employees and, if so, what type of options may be most appropriate? (6) Parking. Should the applicant provide on-site parking for the development in compliance with the standards of this Code,or should the applicant reduce parking below these standards, as provided in Section 16A-4-310, Off-Street Parking Standards? (7) Timetable. What is the proposed timetable for the development? Is it most ?o TC Ord.00-15 Page 55 appropriate for the development to occur all at once or in phases? If phasing is appropriate, then which portions of the project should proceed first? (8) Community welfare. Do the concepts contained in the proposed development promote the public health, safety and welfare? (c) Sketch Plan Review Procedures. The following procedures shall apply to an application for review of a sketch PUD plan. These procedures are illustrated in Figure 5-3, Sketch PUD Application Procedures (1) Pre-application conference. Attendance at a pre-application conference is mandatory prior to submission of an application for sketch PUD plan review. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: a. Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. b. Location map. A scale map showing the location and size of the site, and existing land uses, zone districts and major roads within three hundred (300) feet of the site. The name, location and boundaries of any subdivisions that are part of the larger tract shall also be shown. c. Statement of objectives. A written description of the proposed development. This shall include a statement of the objectives to be achieved by the planned unit development and a conceptual description of any proposed variations from the standards of the underlying zone district that are being requested. d. Sketch plan. A sketch development plan, which shall include the following: i. General. The property boundaries of the site,title of the proposed development,date of preparation,bar-type or graphic scale and north arrow(designated as true north). ii. Site characteristics. Existing site characteristics, showing existing groves of trees and other major types of vegetation, structures within the site the location of roads and structures within three hundred(300) feet of the site, wildfire hazard areas, wildlife habitat areas, streams, floodplains, drainage ways, topography (depicted at a minimum of ten-foot contour intervals), areas of natural and disturbed slopes in excess of thirty-percent grade, prominent ridgelines, avalanche areas and any other prominent TC Ord.00-15 Page 56 geologic hazards or features. iii. Utilities. Approximate locations of existing major utility lines and easements, irrigation ditches,bridges and similar physical features, and existing development on adjacent property. Conceptual plans for water supply, sewage disposal, fire protection and drainage facilities shall also be provided,which plans may be in a prose format. iv. Proposed land use. General location and configuration of proposed land use types, including setbacks and common and public open space. The plan shall show the proposed lots or development tracts and street layout, indicating the approximate area of individual lots or tracts, access to the property, connection of proposed streets to existing streets and plans for pedestrian circulation and trails. If the applicant intends to develop the PUD in phases,then the sketch plan shall provide a land use master plan for the applicant's entire land ownership, unless the applicant shall demonstrate to the Town Council, at its sole discretion, that preparation of a land use master plan for the entire ownership would place an unreasonable burden on the applicant or would be premature at this time. Following approval of the sketch plan, the applicant may, if so authorized by the Town Council, submit the preliminary plan in phases and need not submit detailed land use information for the entire ownership in order to be deemed to have submitted a complete preliminary plan. V. Landscaping. A simple conceptual depiction and/or narrative description of the intended revegetation and landscaping components of the plan. e. Simple sketches. Simple sketches, massing diagrams or models WM-no, that are not required to show detailed fenestration or architectural details, which show building mass, scale and height in a conceptual manner in relation to natural features, and the relationship of the various development components to their respective sites,the surrounding area and each other. A sketch or narrative description should be included that adequately expresses the typical or overall intended architectural theme, character and fenestration for the project. f Summary. A sketch plan summary containing the following: 1. Type. A description of the type of dwelling units and other buildings or structures. .-7A TC Ord.00-15 Page 57 ii. Size. The average square footage of all dwelling units,buildings and other structures proposed by type of unit,the total square footage of all structures by type, the approximate number of bedrooms and the gross residential density in units per acre. iii. Floor area. The ratio of the total floor area of all oronosed structures,by tvne,pregesed to the area of land within the development. iv. Population. The anticipated population to be generated by the development(permanent residents, employees and tourists). V. Market. A general statement of the target market and form of ownership for the dwelling units. vi. Open space. The amount of common and/or public dedicated open space. vii. Height. The maximum and average height of all buildings and structures,by type. viii. Employees. The number of employees required to operate the proposed development,together with a calculation of employee housing requirements and a conceptual proposal for how required employee housing will be provided. ix. Water supply and sewage disposal. Source of domestic water supply and general means of sewage disposal. X. Access and easements. Evidence of the existence of legal access to the property,together with a description of any existing easements and covenants affecting any land within the subject property. xi. Parking, circulation and transit. The anticipated number of parking spaces, the proposed locations of these spaces and a statement of whether the project will comply with the underlying zone district standards or is requesting a variance from those standards. Additionally, a conceptual plan setting forth on- and off-site circulation patterns and any transit facilities associated with the project. xii. Timetable and Phasine. The proposed timetable and phasing for the development, identifying the number of anticipated PUD filings. (Ord. 4-1998 §1; Ord. 1-1999 §1; Ord. 6-1999 §1) , 07 TC Ord.00-15 Page 58 (3) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. Staff shall then meet with the applicant to provide preliminary comments, discuss issues and concerns request additional information necessary to adequately evaluate the proposal and make recommendations regarding the application. The applicant will then have the opportunity to amend their application or provide additional information in response to the staff comments. Upon receipt of the requested information or within ten(10)days of the staff meeting, whichever occurs first, a Roublic notice that the Planning Commission and Town Council will hold a joint hearing to consider the application shall be given by publication, mailing and posting of notice,pursuant to Section 16A-5-60(b), Manner and Timing of Notice. (4) Joint meeting. A complete copy of the application shall be forwarded to the Planning Commission and Town Council, together with a copy of the staff review. The Planning Commission and Town Council shall hold one (1)joint meeting to hear the initial presentation of the application by the applicant. Thereafter, the Planning Commission shall conduct its review of the application. (5) Resolution. Upon completion of its review of the application, the Planning Commission shall,by resolution,provide direction to the applicant on the sketch plan. The resolution shall either authorize the applicant to submit a preliminary plan or shall state that the applicant must submit a new sketch plan prior to proceeding to preliminary plan review. When preparing the resolution, the Planning Commission shall consider all relevant materials and testimony, and whether the application is generally consistent with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. a. Resolution authorizing preliminary plan. If the resolution authorizes the applicant to submit a preliminary plan, then the resolution shall identify any aspects of the sketch plan that should be modified for the preliminary plan to be acceptable to the Town, and the types of modifications the applicant should consider. The resolution shall also identify any other issues the applicant should consider when preparing the preliminary plan,the materials the applicant will be required to submit and the studies the applicant will be required to conduct. b. Resolution requiring new sketch plan. If the resolution states that the applicant must submit a new sketch plan prior to proceeding to preliminary plan review,then the resolution shall identify any areas of disagreement between the Town and the applicant, including those standards of the Development Code or elements of the Comprehensive Plan with which the sketch plan failed to comply. f000p TC Ord.00-15 Page 59 (6) Town Council action. The Planning Commission's resolution shall be forwarded to the Town Council. The Town Council shall hold a public hearing to consider the application and the Planning Commission's resolution. The public hearing shall be conducted pursuant to Section 16A-5-70(2), Conduct of Public Hearing. The Town Council shall prepare its own resolution taking action on the application that may accept the Planning Commission's resolution, or that may modify any aspect of said resolution. When preparing the resolution, the Town Council shall consider all relevant materials and testimony,and whether the application is generally consistent with Section 16A-5-300(c),General Restrictions, and Section 16A-5-310, Review Standards. (7) Effect of resolution. Adoption of the sketch plan resolution by the Town shall not constitute approval of a PUD, or permission to proceed with construction of any aspect of the development. Such action shall only constitute authorization for the applicant to submit a preliminary PUD, in accordance with the representations made by the applicant and in response to the direction on the sketch plan provided by the Town in the resolution. (8) Expiration. The applicant shall be required to submit the preliminary plan application within twelve(12)months after the date of approval of the resolution. Failure to submit the application within this time period shall render the resolution null and void, and require the applicant to submit a new sketch plan for review by the Town. The Town Council may, at its sole discretion and for good cause shown, grant an extension of the deadline to submit a preliminary plan application,provided that the applicant requests the extension in writing no less than thirty(30)days prior to such lapse and said extension is approved by at least three-quarters(3/A of the Town Council members of the Town Council present and votine. TC Ord.00-15 Page 60 FIGURE 53 SKETCH PUD APPLICATION PROCEDURES PREAPPLICATION CONFERENCE (MANDATORY) SUBMIT APPLICATION STAFF PUBLIC REWEW NOME .gINr PL AN COMMJ TOWN COUNOIL PUBLIC HEARING PLANNING COMMISSION RESOLUTION PUBLIC HEARING NOTICE PUBLIC HEARING S TOWN CWNGL RESOLUTION AUTHORIZE DIRECT APPLN:ANT SUBMISSION OF TO SUBMIT PRELIMINARY PLAN NEW SKETCH PLAN OR (Ord.4-1998 §1; Ord. 6-1999 §1) Sec. 16A-5-340. Preliminary plan. (a) Purpose. The purpose of preliminary plan review is for the applicant to formulate detailed,properly designed/engineered solutions to the issues and concerns identified during sketch plan review,and to address, in a detailed manner, all other issues that are relevant to the preliminary plan. For minor PUD applications,where no sketch plan was submitted, the purpose of the preliminary plan is to present detailed,properly designed/engineered plans for consideration by the Town and the public. The burden at the preliminary plan stage is on the applicant to provide detailed information and mitigation proposals to be evaluated by the Town and the public. For any PUD application that also involves subdivision or that requires approval of an amendment of the Official Zone District Map,the application for subdivision or rezoning shall be submitted with, and considered at the same time as,the preliminary PUD plan review. (b) Preliminary Plan Review Intent and Issues. The questions the Planning Commission ,076 #V� TC Ord.00-15 Page 61 and Town Council should consider in a detailed manner during review of the preliminary plan (depending upon the size and complexity of the proposal)include the following: (1) Response to sketch plan issues and concerns. Has the applicant provided detailed, sufficient and appropriate responses to each of the issues and concerns identified during the sketch plan review? (2) Zone district limitations. Does the proposed development comply with all of the limitations of the underlying zone district? If the applicant proposes to vary any of the property's dimensional limitations,then does the application comply with all of the applicable standards for granting of the variation? (3) Comprehensive Plan. Is the proposed development consistent with all relevant policies and recommendations of the Town's Comprehensive Plan? If the applicant proposes a buildout in excess sixty-five percent(65%)of that identified in the Comprehensive Plan, then will the community purposes that are most appropriate to be accomplished by the proposed development be achieved? (4) Architectural plans. Are the proposed mass, scale,height, density, volume, materials, colors and detailed design elements of the buildings compatible with, appropriate for or an enhancement of the character of the community and with surrounding buildings? (5) Landscaping and open space. Is the type,amount, size, species and location of proposed landscaping adequate and suitable for the development? Has adequate landscaping been provided as a buffer between uses and around the perimeter of the development? Has the applicant demonstrated that existing vegetation and trees on the site that should be protected will be so protected? Which specific areas of the site will be designated as open space; what is the proposed size, use and landscaping of each area? What are the preliminary plans for the homeowner's association or condominium association to maintain said open space? (6) Natural hazard areas. What is the site specific location and characteristics of any geologic hazards, steep slopes, flood plains and similar hazards on the property? Will any of these natural areas pose a potential threat to life or property? If so,what specific measures will be employed to avoid,minimize or mitigate these dangers? (7) Natural resource areas. What is the site specific location and characteristics of any wildlife habitat areas,riparian areas, wetlands and other valued natural features on the property? What are the anticipated impacts of the proposed development on these features? Has the proposed development been designed TC Ord.00-15 Page 62 so it will comply with the standards of this Development Code that apply to these natural resource areas? (8) Grading and drainage. What is the extent of soil and vegetation disturbance planned for the site? How will disturbed areas be stabilized both during construction and following completion of the project? Where will excavated materials be stockpiled? Will any retaining structures be employed and, if so, what will be their design specifications and materials? How will storm water be handled both during construction and following completion of the project? (9) Transportation impact. How many vehicle trips will be generated, and what is the anticipated public transportation ridership from the proposed development? What is the capacity of the intersections that the proposed development will impact? What will be the impacts of the proposed development on the Town's public transportation system, road capacities and parking facilities and how will these impacts be mitigated? What measures will the project employ to ensure that following development,roadways within the Town will continue to function at the adopted level of service standard? Have roads on- and off-site been designed in a safe and efficient manner,to connect the site to other activity areas and destination points? (10) Necessary facilities. Has the applicant provided detailed engineering plans and reports demonstrating the type, location and capacity of the water supply, sewage disposal, solid waste disposal, fire protection and other necessary facilities that will be constructed to serve the project? Will these facilities be available in a timely manner to serve the project? (11) Restricted housing. What is the specific mix and configuration of housing that will be provided to meet the Town's restricted housing requirements? What guarantees has the applicant agreed to provide to ensure that such housing will be available at the time it has been required by the Town? (12) Fiscal impact. Will the proposed development have a positive or negative fiscal impact upon the Town and other taxing districts that provide services to it? If the proposal is shown to have a negative fiscal impact, then what measures will the applicant employ to mitigate those costs? (13) Energy conservation. What will be the energy utilization of the significant energy-consuming elements of the project(such as heating systems, swimming pools, saunas, Jacuzzis, etc.). What specific active and passive techniques will the development employ to promote energy conservation and take advantage of solar and alternative energy source opportunities? (14) Air quality. What will be the primary sources of air pollution from the project? What will be the quantity and composition of pollutants that will be / 7V TC Ord.00-15 Page 63 discharged on a daily and seasonal basis and what are the dispersal qualities of the site that will affect the pollutants that are generated? What geographic area will be impacted by these pollutants? What techniques will the development employ to reduce the impacts of these pollutants? (15) Construction management plan. What is the proposed plan for phasing of the project? What is its construction schedule? What measures will be employed to mitigate construction impacts? (16) Community welfare. Does the proposed development in its totality promote the public health, safety and welfare? (c) Preliminary Plan Review Procedure. The following procedures shall apply to an application for review of a preliminary PUD plan. This rasa procedures is-a"illustrated in Figure 5-4, Preliminary PUD Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is mandatory prior to submission of an application for PUD preliminary plan review. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: a. Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. b. Preliminary development plan. A preliminary development plan, which shall include the following: i. General. The property boundaries of the site, title of the proposed development, date of preparation, bar-type or graphic scale,north arrow(designated as true north)and legal description of the property. ii. Proposed development. The preliminary plan shall show the proposed dimensions and locations of all buildings,public and private roadways, existing and proposed utility lines and fire hydrants, service areas, emergency vehicle access areas, parking facilities,pedestrian pathways, trails and use areas, common open areas, public open spaces,public transportation facilities, drainage facilities and detention areas, snow storage/removal areas, trash storage areas and other information necessary to allow detailed review of the project design. Existing and proposed contours shall be shown at two- foot intervals, or less. 07 Joe TC Ord.00-15 Page 64 iii. Surrounding structures. The preliminary plan shall depict structures and landmarks within three hundred(300) feet of the site, so as to show the relationship of the proposed development to its surroundings. iv. Chart. The preliminary plan shall contain a chart of proposed land uses by acreage, including the percentage of land coverage by each type of use,together with a detailed listing of the following development parameters: 1. Dimensions. Proposed square footage and height of buildings. 2. Dwelling units. Proposed number of bedrooms; square footage of dwelling units by type of unit; proposed number of dwelling units per acre. 3. Size of commercial space. Proposed square footage of commercial space. 4. Floor area. Proposed maximum allowable floor area (FAR). 5. Parking. Proposed number of parking spaces. 6. Open space. Proposed amount of open space. 7. Restricted housing. Proposed number of restricted housing units, with number of bedrooms and amount of square footage. C. Comparison to sketch plan. When applicable, a statement shall be provided comparing the preliminary plan to the sketch plan,noting any changes, including those made in response to comments provided by the Town in its review of the sketch plan. d. Listing of proposed variations. A statement identifying each proposed variation from the underlying zone district standards, describing how the variations conform with those authorized for a PUD. C. Architectural plans. Preliminary architectural plans for all multiple- family and single-family attached dwellings,hotels and lodges, and other nonresidential buildings. These plans shall include: � oI i. Elevations. Elevations at a vertical scale of not less than one- 4m000t4 eighth inch equals one foot(1116",- ) US( ' = 1'1 or larger of all significant facades of the proposed buildings. Building elevations shall be of sufficient detail to indicate building openings,alternate materials proposed for the roof and exterior of the buildings, decks and other architectural features of the buildings, including chimneys and mechanical areas and features affecting the roof lines of all proposed buildings. ii. Floor plans. Proposed floor plans drawn at a scale of one- owtooa*eighth inch equals one foot(-11,16" — V)Ll 8 = 1' or larger of all floors of the proposed buildings showing all living, sleeping, cooking,bathroom and storage areas. Typical floor plans with a floor layout plan may be substituted. iii. Block model. A block model illustrating the cubic volume and design pkileseph5 of the above-ground portion of all proposed major structures included in the development. The descriptive materials shall also be sufficient to demonstrate the relationship, in terms of cubic volume,between such proposed structures in the development and other major structures in the immediate vicinity of the development. The Planning Director may accent computer generated three dimensional or other visual imagery in place of the block model if it is felt that it would better aid the public and reviewing bodies to visually understand the spatial mass scale and visual relationships of the development to surrounding properties. A model may still be required during the course of the review process if determined necessary to adequately evaluate the development proposal The visual imagery and/or model shall roughly depict the building colors and materials proposed for the development. f Landscape plan. A detailed landscape plan, depicting the type, amount, size, species and location of all plant materials,with a planting schedule. The plan shall also include conceptual irrigation plans for landscaped areas if applicable. The plan shall show the location of all existing trees with a trunk circumference of fourteen (14) inches or more measured four and one-half(4%) feet above the ground and shall indicate which trees are proposed to be removed. Where large groves of trees are to remain undisturbed, single trees need not be located. g. Fiscal impact report. A report analyzing the anticipated fiscal impacts of the proposed development upon the Town, school district and other taxing districts that provide services to the development. This report shall be based on criteria and assumptions established in advance by the Town, as provided to the applicant prior to the submission. Oe % 1 00 TC Ord.00-15 Page 66 h. Solid waste disposal plan. A proposed solid waste disposal plan, including the anticipated volume (cubic yards)of solid waste that will be generated by the development,proposed trash container size and location of said facilities. i. Energy conservation plan. A comprehensive energy conservation plan demonstrating how the development will comply with the provisions of Section 16A-4-330, Energy Conservation,together with a detailed description of the use of solar and other alternative energy resources, including an energy utilization analysis in relation to heating systems, swimming pools, saunas, Jacuzzis and other significant energy- consuming project elements. j. Development in proximity to ski lift. A report,plan or other documentation showing that any development located in proximity to any existing or proposed ski lift complies with all appropriate rules and regulations governing said lifts, including those of the Colorado Tramway Board. k. Open space map. A map shall be submitted showing all areas to be designated as common open space and the proposed use of each common open space area, including size of each area in acres and the size of the total common open space in acres and as a percentage of the total site. In addition, the type, size and general location of the planting and other screening techniques to be used in the perimeter buffer area shall be shown on this man and the landscape plan. 1. Homeowner's or condominium association documents. Whenever there is common open space within a proposed development, the following documents shall be submitted in a preliminary form, describing how the homeowner's or condominium association will maintain said open space. i. Articles of incorporation. The form of articles of incorporation of any homeowner's association or other organization to maintain common open space within the development. ii. Bylaws. The form of bylaws of any such organization, defining its rights,duties and responsibilities. iii. Master deed. A copy of the master deed detailing the rights and privileges of individual owners in the common open space areas. ga-� TC Ord.00-15 Page 67 iv. Covenants. The language of covenants or easements restricting the use of common open space, together with the language of covenants or agreements requiring homeowners or residents to pay any organization for maintenance of common space,and the language of deed restrictions or other covenants running with the land which provide for the maintenance of common space. m. Water supply and sewage disposal. Detailed plans and reports describing the location, type and timing of proposed water supply and sewage disposal facilities and lines to be constructed. The report shall describe water conservation methods to be employed and shall provide a detailed estimate of the project's average daily and maximum water requirements and sewer impacts. The applicant shall obtain from the Snowmass Water and Sanitation District a confirmation that,based upon the data submitted for this review, the assumptions, conclusions and calculations from sketch plan review remain valid. In the alternative,the District shall identify those changes or revisions to the conceptual water and sewer reports required as a result of the District's analysis of the preliminary submission. n. Clearing, grading and drainage plans. A detailed report identifying plans for clearing, grading and drainage including: i. Limits of clearing. The location and defined limits of all clearing and/or removal of vegetation cover. ii. Grading plan. Existing and proposed grades at a contour interval of two(2) feet or less,based on field survey controls, including location with proposed grades and elevations for all buildings,roads, walks, storm sewers and other drainage structures and devices,retaining walls and other landscape features. The plan shall provide designs for sediment control devices to be employed, including specifications of how graded areas will be stabilized and revegetated after construction is completed. Any changes from the grading and drainage plan submitted with the sketch plan shall be described. o. Transportation impact analysis. A4ay All development Halt-oopw" shall analyze the impact of the proposal on the Town's transportation system,road capacities and parking facilities. The Planning Director r v pow- TC Ord.00-15 Page 68 may,however,waive this requirement for proposed development that contains less than ten(10)dwelling units, or less than two thousand (2,000)square feet of nonresidential space or an addition to a ski area if it is determined that the transportation impacts generated by the development are negligible and that requiring a detailed analysis is not warranted. If required ;Pthe applicant shall submit the following information in a manner that permits the Town to evaluate the impacts of the proposed development: i. Daily traffic counts. All total daily traffic counts shall be actual machine counts and not based on factored peak hour sampling. All raw traffic count data, including average daily volumes and peak hour turning movements, shall be provided in the appendices of the report. ii. Trip generation rates. The applicant shall use the following vehicular trip generation rates to calculate the development's impact on the Town road network: Single-family detached Ana-family dwelling8.0 trips/dwelling Two-family dwelling 8.0 trips/dwelling Multi-family AlulsipW fa '5 dwelling 5.0 trips/dwelling Hotel/lodge 4.0 trips/dwelling Commercial 40.0 trips/1,000 net sq. ft. Ski area To be determined during PUT)review Uses Not Listed Above To be determined by Planning Director The Planning Director shall determine the trip generation rates for uses not listed above by consulting recognized professional publications,or studies completed for resort communities similar to the Town. The Town Council may,upon request by the applicant, accept different trip generation rates than those listed above, considering whether any special transit features are planned for the development, or if there are unusual land use, occupancy or other features of the development. iii. Existing conditions. The report shall identify the exact limits of the study area, which should be determined based on i $ &( 00- TC Ord.00-15 Page 69 engineering judgment and an understanding of existing traffic conditions at the site. Within the study area, the applicant shall describe existing roadways and intersections, including geometry and traffic control. The report shall describe existing traffic volumes and the existing level of service at intersections and roadway segments. Daily and peak hour traffic counts shall be obtained by the applicant at locations determined by the Town. iv. Anticipated ridership. A determination of the anticipated public transportation ridership, using data supplied by the Town's Transportation Department for similar projects with the Town, and the potential cost to the Town for providing public transportation services to the development. V. Trip generation and design hour volumes. A summary table shall be provided listing each type of land use,the number of units or the amount of nonresidential square footage involved, the average trip generation for each use (total daily traffic and a.m. and p.m. peaks)and the resultant total trips generated. vi. Trip distribution. The direction of approach for site-generated traffic shall be presented in the report. The technical analysis steps,basic methods and assumptions used shall be clearly stated. vii. Trip assignments. Internal trips shall not exceed ten percent (10%) without analytical support to demonstrate how the larger figures were determined. Non-generated passerby traffic reductions in generation volumes may be considered if applicable. The trip assignment shall include filling out a copy of the Trip Table (provided by the Community Development Department) for links in the transportation network. viii. Existing and projected traffic volumes. The report shall include the following illustrations: 1. Peak hour traffic. Illustrations of current a.m. and p.m. peak hour site traffic (in and out), including turning movements. 2. Future peak hour traffic. Illustrations of future a.m. and p.m. peak hour site traffic(in and out), including turning movements for current conditions and future buildout of the project, with background traffic projected five (5) 4% !�; TC Ord.00-15 Page 70 years into the future. 3. Other peak hours. Illustrations of other peak hours that may be critical to site traffic and the road system in the study area. Other peak hours will be mutually agreed upon by the Town and the applicant. ix. Capacity analysis. The report shall include a capacity analysis for all public street intersections impacted by the proposed development and for all private property access points to streets adjacent to the proposed development identified in the previously defined study area. The a.m., p.m. and any other possible peak periods shall be tested to determine which peak hours need to be analyzed. Capacity calculations(intersection and roadway segments) shall be based upon the techniques described in the "1985 Highway Capacity Manual," Transportation Research Board, Special Report 209. All capacity analysis work sheets shall be included in the appendices of the report. X. Level of service. Level of service "C" or better on all but the ten (10)peak traffic days of the year has been determined to be the acceptable design standard for all intersection and roadway segment operations. The applicant shall propose mitigation measures that are consistent with the Comprehensive Plan, including illustrations of each improvement showing the length, width and other pertinent geometric features for any operation in the transportation network that is caused to exceed a level of service "C" by the proposed development. xi. Traffic accidents. Traffic accident data for affected street corridors may be required for the study. The study period will normally be three (3)years. Such locations will be specified by the Town. Where this is necessary, estimates of increased or decreased accident potential shall be evaluated for the development, particularly if the proposed development might impact existing traffic safety problems in the study area. Safety improvements shall be proposed where necessary. xii. Conclusions. The report shall contain a clear and concise executive summary,describing the study's findings. If the analysis indicates unsatisfactory levels of service, a description of proposed improvements to remedy deficiencies shall be included in the executive summary. SAP S P. Air quality analysis. ?ay All development �ea�esideaHelspeoo shall conduct an analysis of the proposed development's impacts on air quality. The Planning Director may, however, waive this requirement for proposed development that contains less than ten(10) dwelling units, or less than two thousand (2,000)square feet of nonresidential space if it is determined that the air quality impacts generated by the development are negligible and that requiring a detailed analysis is not warranted. If required,eke analysis shall be prepared by a recognized expert in air pollution and shall include examinations and recommendations concerning those characteristics of the site and the proposed development that could affect air quality, including,but not necessarily limited to, the following: i. Dispersal qualities. Dispersal qualities of the site and the extent to which those qualities are expected to provide for the efficient dispersal of air pollutants generated directly by on- site activities, including such sources as space heating, fireplaces,restaurants, etc., or indirectly by traffic within and around the proposed development site. ii. Pollutants to be discharged. Quantity and composition of pollutants expected to be discharged within the site and daily (including peak period portions thereof)or seasonal variation in these characteristics. iii. Trip generation and impacts. Estimated current and future trip characteristics, including average daily traffic and peak volumes for each mode on each route linking the site to significant related destinations within the relevant air shed and implied pollutant emissions. Dispersal qualities of routes related to the proposed development site and anticipated effects of any added traffic on air quality on and along such routes or their damages. iv. Construction impacts. Anticipated air pollution caused by construction of the proposed project, including impacts caused by machinery,clearing of vegetation,rock and earth moving, paving operations,preparation of materials such as gravel,hot mix and cement, and any methods proposed to mitigate such pollution and its effect. V. Special mitigation techniques. A statement regarding any special mitigation related to design, construction methods, operating policies or public or private improvements that would reduce the quantitative or qualitative impacts of pollutants produced by the proposed development and use of the proposed site and their estimated effectiveness and costs to TC Ord.00-15 Page 72 proponents and the public. vi. Improvement of site characteristics. A statement regarding any special design construction methods, operating policies or public or private improvements that could improve the proposed development site characteristics relative to air quality of the site and of the estimated effectiveness and costs to the applicant and the public. vii. Conform with regulations. A statement regarding the extent to which the proposal and resultant air quality levels(on the proposed development site and other portions of the relevant air sheds)will conform with existing federal, state and local air quality regulations and standards with and without any special design features, construction methods,operating policies or public or private improvements. viii. Description of area to be impacted. A geographic description of the area expected to be most significantly impacted by air pollutants generated on the proposed development site or generated by increased transportation and other activities related to its development and use. q. Geologic report. A report evaluating geologic and soils conditions, including: i. Potential geologic hazards. A site specific analysis of the geologic characteristics on,or in the vicinity of,the site that could have a significant impact on the proposed development shall be conducted. It shall be prepared by a geologist or engineer who is qualified to map and evaluate geologic hazards and to assess their potential impacts on the development. It shall discuss any recent activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. It shall also include recommendations as to how the development will avoid or mitigate any dangers posed to life or property from these hazards. ii. Soils study. A study prepared by a qualified professional describing existing surface and sub-surface soil characteristics on the site,and evaluating the suitability of such soils for the planned construction. r. Brush Creek impact report. A site specific analysis shall be prepared egg . TC Ord.00-15 Page 73 for lands within the boundaries of the Brush Creek Impact Area,and for lands located outside of the Brush Creek Impact Area whose development is determined to have the potential to impact Brush Creek and its associated riparian habitat. The analysis shall be prepared to comply with the provisions of Section 16A-4-30(d),Brush Creek Impact Report. S. Wildlife habitat analysis. A site specific analysis shall be prepared for lands designated as sensitive wildlife habitat on the Environmental Sensitivity Map in the Comprehensive Plan and for lands not so designated on the map that are determined to be sensitive wildlife habitat. The analysis shall be prepared to comply with the provisions of Section 16A-4-20(d),Wildlife Habitat Analysis. t. Construction management plan. A detailed construction management plan describing development phasing, construction schedules and measures for mitigating impacts associated with all aspects of the project. (Ord. 4-1998 §1) (d) Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. Staff shall then meet with the applicant to provide preliminary comments discuss issues and concerns, request additional information necessary to adequately evaluate the proposal and make recommendations regarding the application. The applicant will then have the opportunity to amend their application or provide additional information in response to the staff comments Upon receipt of the requested information, or within ten (10) days of the staff meeting,whichever occurs first, a R ublic notice that the Planning Commission will hold a hearing to consider the application shall be given by publication,mailing and posting of notice,pursuant to Section 16A-5-60(b),Manner and Timing of Notice. A complete copy of the application shall be forwarded to the Commission, together with a copy of the staff review. (e) Planning Commission public hearing. The Planning Commission shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b),Conduct of Public Hearing. The Planning Commission shall consider: all relevant materials and testimony; whether the application complies with Section 16A-5-300(c),General Restrictions,and Section 16A-5-310, Review Standards; and,when applicable,whether the preliminary plan has responded to the direction given by the Town concerning the sketch plan. Following closure of the hearing, the Planning Commission shall,by resolution, recommend to the Town Council that the application either be approved, approved with conditions or denied. (f) Public notice. Public notice that the Town Council will hold a hearing to consider the application shall be given by publication,mailing and posting of notice,pursuant to Section 16A-5-60(b),Manner and Timing of Notice. A complete copy of the TC Ord.00-15 Page 74 application shall be forwarded to the Town Council, together with a copy of the staff review and a copy of the Planning Commission's recommendation. (g) Town Council public hearing. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Town Council shall consider: all relevant materials and testimony; the Planning Commission's recommendation; whether the application complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310,Review Standards; and, as applicable, whether the preliminary plan has responded to the direction given by the Town concerning the sketch plan. Following closure of the hearing, the Town Council shall,by resolution, either approve, approve with conditions or deny the application. If the Town Council approves the preliminary plan, it may require, as a condition of that approval, that the final plan be reviewed by the Planning Commission before it is reviewed by the Town Council. The Planning Commission's review of the final plan shall be accomplished pursuant to Section 16A-5-360(4),Planning Commission Review. (h) Amendment. If an applicant wishes to amend a submission after a Planning Commission recommendation thereon, such request shall be made in writing and presented to the Town Council during the public hearing. The Town Council shall consider and make a determination as to whether the changes alter the nature of the project from that described in the original submission to such an extent that: i. The amendment should not be allowed; ii. The amendment should be allowed,but the Planning Commission should have an opportunity to review the amendment and make a recommendation thereon; or iii. The amendment should be allowed and the application should proceed without additional hearings or consideration thereof. If the amendment is not allowed, the Town Council shall continue to consider the application without the amendment in accordance with the provisions of this Section. If an additional Planning Commission recommendation is to be made, the Town Council shell may, at their discretion, table the application until it has received the Planning Commission's recommendation on the amendment. (i) Remand. An application may also be remanded to the Planning Commission when the Town Council determines that the application has otherwise been altered in a significant manner following the Planning Commission's action on the preliminary PUD. The Town Council shall table the application until it has received the Planning Commission's recommendation on the changes. (j) Effect of preliminary plan approval. Approval of the preliminary plan shall not constitute approval of a PUD, or permission to proceed with construction of any aspect of the development. Such action shall only constitute authorization for the applicant to X96 TC Ord.00-15 Page 75 prepare and submit a final PUD, in accordance with the representations made by the applicant and any conditions applied by the Town upon the preliminary plan approval. (k) Expiration. The applicant shall be required to submit the final plan application within twelve (12)months after the date of preliminary plan approval. Failure to submit the application within this time period shall render the preliminary plan null and void, and require the applicant to submit a new sketch plan for review by the Town. The Town Council may,at its sole discretion and for good cause shown, grant an extension of the deadline to submit a final plan application, provided that the applicant requests such an extension in writing no less than thirty(30) days prior to such lapse lapse and said extension is approved by at least three-quarters('/4)of the Town Council members Embers Town Council present and voting. FIGURE 5-4 PRELIMINARY PUD APPUCATION PROCEDURES PRE-APPLICATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF �NOIITICE REVIEW PLANNING COMMISSION PUBLIC HEARING PUBLIC NOTICE fTOWN COUNCIL PUBLIC HEARING I TOWN COUNCIL ACTION (Ord.4-1998 §1) Sec. 16A-5-360. Final plan. q TC Ord.00-15 Page 76 (a) Purpose. The purpose of final plan review is for the applicant to provide the Town with documentation of how the PUD will comply with all of the representations made during the application process, and will address all issues or concerns raised during that process. This documentation shall include a final development plan,a guarantee of public improvements and covenants,as applicable. The final development plan shall specify the zone district limitations and development regulations that will guide the future development of the property. This may be referred to as the"PUD Guide." (b) Final Plan Review Intent and Issues.The questions the Planning Commission(if required)and Town Council should fully resolve during review of the final plan (depending upon the size and complexity of the proposal) include the following: (1) Response to preliminary plan conditions. Has the applicant provided detailed, sufficient and appropriate responses to each of the conditions identified applied to the preliminary plan? (2) Agreements and guarantees. Has the applicant submitted an adequate subdivision improvements agreement and pledge of security to guarantee the performance of any public improvements required by the Town? (3) Other plans and documents. Has the applicant submitted such other documents (final development plan, final landscaping plan, final grading plan, final utility plan and final architectural plan)that set out the specifications for all relevant features of the development proposal? Has a final version of the homeowner's association or condominium association documents or covenants been submitted, describing how the association will maintain any common open space? (c) Final Plan Review. The following procedures shall apply to an application for review of a final PUD plan. These procedures are illustrated in Figure 5-5, Final PUD Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional, but recommended,prior to submission of an application for final PUD plan review. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: a. Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b), Minimum Contents. b. Final plat. A final subdivision plat that conforms to the specification of Section 16A-5-280(d)(3),Plat. /� TC Ord.00-15 Page 77 C. Other drawings. Final versions of such other drawings as may be required to document the approved final PUD plan, such as the final development plan, final landscaping/grading plan, final architectural plan and final utility plan. The final development plan shall specify the zone district limitations and development regulations that will guide the future development of the property. This may be referred to as the"PUD Guide." d. Covenants. A final version of the homeowner's association or condominium association documents or covenants,as applicable, describing how the association will maintain any common open space. e. Guarantee of public improvements. i. Applicant is responsible for public improvements. The applicant shall be responsible for constructing or providing public improvements that are necessary for the development. The applicant shall also be responsible for submitting a guarantee for said improvements, in a form and amount satisfactory to the Town, as a condition precedent to any final PUD or subdivision approval. ii. Required public improvements. Required public improvements include: permanent survey monuments,range points and lot pins;paved streets; curbs,gutters, sidewalks, trails and other pedestrian ways; paved alleys; traffic-control signs, signals or devices; street lights; street name signs in accordance with Town design standards; water lines and fire hydrants; bridges or culverts; storm drainage improvements and storm sewers; sanitary sewers; electrical lines; telephone lines; natural gas lines; and landscaping. In the event that additional improvements or items are required, they shall also be guaranteed in the manner provided ho"i4-below. iii. Subdivision improvements agreement. The guarantee of public improvements shall be in the form of a written subdivision improvements agreement and pledge of security for performance of such agreement. The subdivision improvements agreement shall obligate the applicant to make and install, according to a specific schedule, any improvements required by the Town. 1. Security. The applicant shall secure the faithful and diligent performance of its obligations under such � I TC Ord.00-15 Page 78 agreement with a pledge of security sufficient to provide a reasonable guaranty of not less than one hundred percent(100%) of the current estimated cost of the improvements described in the agreement, which estimate shall be approved by the Town Engineer. 2. Form of security. The pledge of security may, at the option of the Town,be in the form of a mortgage on real property, cash escrow, security bond, irrevocable letter of credit from a financially responsible lending institution, adequate construction loan commitment on which the Town is permitted to draw, evidence of fully prepaid construction contracts, or any combination of the above satisfactory to the Town; provided that the Town shall have the unconditional and irrevocable right upon default by the applicant to withdraw or acquire funds upon demand to partially or fully complete and/or pay for any improvements. In no case shall the Town be obligated,pursuant to any subdivision improvements agreement, to complete any improvements due to the applicant's default if the security should be determined inadequate. 3. Agreement to repair. The subdivision improvements agreement shall contain language by which the applicant agrees to repair any existing improvements damaged during construction and such other items as the Town Council deems appropriate. 4. Partial release of security. The subdivision improvements agreement may provide for the partial release of security as portions of the improvements are completed,provided that no such partial or final release shall be granted until the improvements guaranteed have been inspected and accepted by the Town Engineer and a report of such inspection and acceptance is filed with the Planning Director. The Town Council shall release the amount held for the completed items. The agreement shall make provisions for the Town to retain an appropriate amount in the event of partial releases. 5. Recording. The agreement and pledge of security shall be recorded in the records of the County Clerk and Recorder together with the final plat. '(/ iv. Warranty. The applicant shall warrant the quality, workmanship and function of all improvements dedicated to the Town, the public or a utility for a period of two(2)years, or until July 1 of the year during which the second winter terminates after acceptance by the Town, whichever is greater. V. Default. In the event of default by the applicant,under the terms of any subdivision improvement agreement,no building permit or certificate of occupancy shall be issued within the subdivision until the default is corrected. (Ord. 4-1998 §1) (3) Staff review. Staff review of the application shall be accomplished,as specified in Section 16A-5-50, Staff Review of Application. Staff shall then meet with the applicant to provide preliminary comments, discuss issues and concerns,request additional information necessary to adequately evaluate the proposal and make recommendations regarding the application. The applicant will then have the opportunity to amend their application or provide additional information in response to the staff comments. Upon receipt of the requested information, or within ten 00)days of the staff meeting, whichever occurs first, the Planning Commission and/or Town Council meetings) shall be scheduled by the Planning Director. (4) Planning Commission review. If, as a condition of its preliminary plan approval,the Town Council has required that the final plan be reviewed by the Planning Commission, then a complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. The Planning Commission shall consider: all relevant materials and testimony; whether the application complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards; and whether the final plan is consistent with the approved preliminary plan, and shall, by resolution,recommend that the Town Council approve,approve with conditions or deny the application. (5) Town Council action. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. The Town Council shall consider: all relevant materials and testimony; whether the application complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310,Review Standards; whether the final plan is consistent with the approved preliminary plan; and,when applicable, the Planning Commission's recommendations, and shall,by resolution, approve, approve with conditions or deny the application. (6) Effect of final PUD approval. Approval of the final PUD plan shall confer upon the owner of all or a portion of such property the right to apply for a building permit for development that is consistent with the limitations, restrictions, conditions and parameters set forth in the final PUD plan. Following recording of the final plat, the applicant shall be authorized to convey individual ownership interests. Final PUD plan approval shall remain in effect for a period of up to but not more than three(34 years,unless the time TC Ord.00-15 Page 80 frame is extended by the Town Council. (7) Recording of final plan. Within ninety(90)days of the date of approval of the final PUD plan, the applicant shall submit three(3)Mylar copies of the final plan to the Planning Director,together with any other documents that are to be recorded. The final PUD plan mates and vial shall also be submitted in a digital form acceptable to the Planning Director, for incorporation in the Town's geographic information system(GIS). a. Planning Director review. The Planning Director shall review the documents to ensure they comply with the terms and conditions of approval, shall obtain signatures for all of the applicable certificates on the final plan and shall return the documents to the applicant. b. Recording by applicant. The applicant shall thereafter cause the documents to be recorded in the records of the County Clerk and Recorder,at the applicant's expense. FIGURE 5.5 FINAL PUD APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (OPTIONAL) SUBMIT APPLICATION STAFF REVIEW PLAN.COMM. ACTION (IF REQUIRED) TOWN COUNCIL ACTION (Ord. 4-1998 §1) q TC Ord.00-15 Page 81 Sec. 16A-5-380. Enforcement of approved PUD plan. (a) Provisions run in favor of Town. To further the mutual interests of the residents, occupants and owners of a PUD,and of the public in the preservation of the integrity of the final PUD plan,the provisions of the plan relating to the use of land and the location of common open space shall run in favor of the Town and shall be enforceable at law or in equity by the Town without limitation on any power or regulation otherwise granted by law. (b) Provisions run in favor of residents. All provisions of the final PUD plan shall run in favor of the residents, occupants and owners of the planned unit development,but only to the extent expressly provided in the plan and in accordance with its terms and,to the extent, said provisions, whether recorded by plat,covenant, easement or owners acting individually,jointly or through an organization designated in the plan to act in their behalf. However,no provisions of the plan shall be implied to exist in favor of residents,occupants and owners except as to those portions which have been finally approved. (c) Rights to maintain and enforce remain in effect. No modification,removal or release of the provisions of the final plan by the Town,pursuant to the provisions of this Code, shall affect the rights of residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity, subject to the limitations contained in the plan and Subsection(b), Provisions Run in Favor of Residents. (Ord. 4-1998 §1) Sec. 16A-5-390. Amendment of final PUD. An applicant may amend an approved final PUD by complying with the following procedures and standards. (1) Overview of amendment procedures. There are three(3)types of amendments that an applicant may propose to a PUD. The applicable procedures for each type of amendment are as follows: a. Administrative amendment. An administrative amendment to an approved PUD may be considered pursuant to Section 16A-5-250, Administrative Modifications. b. Minor amendment. A minor amendment to an approved PUD shall comply with the procedures of Subsection (2),Procedures for Minor Amendment of Final PUD,and with the standards of Subsection(3), Review Standards. C. Major amendment. A major amendment that would substantially modify all or a part of an approved PUD,or any amendment to an approved PUD that does not comply with the provisions of Subsection / I1040- TC Ord.00-15 Page 82 (3), Review Standards, shall require a full PUD process. During the full PUD process, the Town shall determine whether the application complies with the standards of Section 16A-5-300(c), General Restrictions, and Section 16A-5-310,Review Standards, and shall also consider(but not be bound by)whether the application complies with the standards of Subsection(3), Review Standards. (2) Procedures for minor amendment of final PUD. a. Pre-application conference. Attendance at a pre-application conference is mandatory prior to submission of an application for a minor amendment to a final PUD. b. Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: i. Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b),Minimum Contents. ii. Written statement. A written statement describing those elements of the original PUD that are proposed to be modified. iii. Other information. The applicant shall submit such other written or graphic information as is necessary to describe and evaluate the proposed amendment, such as revised building elevations, or a marked-up copy of the final development plan. iv. Amendment of PUD approved under prior code. An applicant proposing to amend a PUD approved prior to the effective date of this Development Code shall, as part of the application,propose any other amendments that are necessary to make the PUD conform with the provisions of this Division 3, Planned Unit Development. a. Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. b. Action by Planning Commission. A complete copy of the application shall be forwarded to the Planning Commission,together with a copy of the staff review. The Planning Commission shall review the application, considering the standards of Subsection (3), Review Standards, and shall make its recommendations to the Town Council. ` S / TC Ord.00-15 Page 83 C. Public hearing. Public notice that the Town Council will consider the application shall be given by publication,posting and mailing of notice,pursuant to Section 16A-5-60(b), Manner and Timing of Notice. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. A complete copy of the application shall be forwarded to the Town Council,together with a copy of the staff review. The Town Council shall consider all relevant materials and testimony, shall consider the standards of Section 16A-5- 390(3), Review Standards, and shall,by ordinance, approve, approve with conditions or deny the application. d. Recording of amended plan. Within ninat�4904 days of the date of approval of the amendment,the applicant shall submit three 4).Mylar copies, suitable for recording,of the amended plan to the Planning Director, together with any other documents that are to be recorded. The Planning Director shall review the documents to ensure that they comply with the terms and conditions of approval, shall obtain signatures for all of the applicable certificates on the amended plan and shall return the documents to the applicant. The applicant shall record tlaeFo&AoPQaw,*the doaummts to W Foaor4W in the records of the County Clerk and Recorder, at the applicant's expense.The final amended Plan mans shall also be submitted in a digital form acceptable to the Plannine Director, for incorporation in the Town's geographic information system±___ (3)(3) Review standards. An application for a minor amendment to a final PUD shall comply with the following standards: a. Consistent with original PUD. The proposed amendment shall be consistent with, or an enhancement of, the original PUD approval. b. No substantially adverse impact. The proposed amendment shall not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. C. Not change character. The proposed amendment shall not change the basic character of the PUD or surrounding areas. d. Comply with other applicable standards. The proposed amendment shall comply with the other applicable standards of this Division 3, Planned Unit Development, including but not limited to Section 16A-5-300(c), General Restrictions, and Section 16A-5-310,Review Standards. (Ord. 4-1998 §1; Ord. 13-1998 §1; Ord. 1-1999 §1; Ord. 6-1999 §1) ,11,00- Ordinance 15, Series of 2000 Page 84 Division 4. Subdivision Regulations Sec. 16A-5400. Applicability. This Section shall apply to the subdivision of all land in the Town,unless exempted pursuant to Article V, Division 5, Subdivision Exemptions. (Ord.4-1998 §1) Sec. 16A-5410. General prohibitions. (a) No land shall be transferred,conveyed,sold or subdivided. No lot or parcel of land,nor any interest therein, shall be transferred,conveyed,sold,subdivided or acquired either in whole or in part, so as to create a new nonconforming use or to avoid,circumvent or subvert any provision of this Section,or the provisions or any final PUD plan. (b) No lot line shall be altered. No structure shall be constructed, nor building permit issued for a structure, on any parcel of land within a subdivision approved pursuant to this Section except where such structure is to be constructed upon a lot separately designated on the plat of such approved subdivision. The lot lines established in such approved subdivision shall not be altered by conveyance of a part of any lot,nor shall any part of any lot be joined with a part of any other lot for conveyance or construction without approval of the Town Council as a subdivision or subdivision exemption. (c) No dwelling unit shall be occupied. No dwelling unit shall be occupied or used in violation of any of the provisions of this Section. (d) Action in event of violation. (1) Action to enjoin. The Town Council shall have the power to bring an action to enjoin any subdivider from selling or otherwise conveying,before full compliance with the provisions of this Section, any parcel of land or other interest,which activity would constitute a subdivision. (2) Permits shall not issue. The Building Official shall not issue permits of any kind for the construction of any building or other improvements upon any land for which an approved final plat is required,unless and until the requirements of this Section have been complied with. (3) Town Council may withdraw approval. The Town Council may withdraw any approval of a plat if and when it is determined that information provided by the subdivider in the application upon which such decision was based is false,materially inaccurate, or the subdivider has failed to comply with the terms of the approval,or with the provisions of Section 16A-5-420(7),Recording of Final Plat. The Town Council shall cause written notice to be served upon the subdivider or his or her agents,directing the subdivider to appear at a certain time and place for a hearing before the Town Council not less than thirty(30)nor more than sixty(60)days after the date of service of such notice. At the hearing,the allegations shall be examined by the Town Council,which shall have the power,upon good cause being shown,to withdraw any previous approval or to require such corrective or additional measures to be taken by the subdivider as are found to be proper. (Ord.4-1998 §1) Sec. 16A-5-420. Procedure. The following procedures shall apply to a subdivision application. These procedures are illustrated in Figure 5-10, Subdivision Application Procedures. / d �_ Ordinance 15, Series of 2000 Page 85 (1) Pre-application conference. Attendance at a pre-application conference is mandatory prior to submission of a subdivision application. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-430,Application Contents. (3) Staff review. Staff review of the application shall be accomplished,as specified in Section 16A-5- 50, Staff Review of Application. A complete copy of the application shall be forwarded to the Planning Commission,together with a copy of the staff review. (4) Planning Commission review. The Planning Commission shall consider the application. The Planning Commission shall consider all relevant materials and testimony, and whether the application complies with Section 16A-5-440,Review Standards,and shall recommend to the Town Council that the application either be approved, approved with conditions or denied. (5) Public notice. Public notice that the Town Council will hold a hearing to consider the application shall be given by publication,mailing and posting of notice,pursuant to Section 16A-5-60(b),Manner and Timing of Notice. A complete copy of the application shall be forwarded to the Town Council,together with the staff review and the Planning Commission recommendation. (6) Town Council public hearing. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Town Council shall consider all relevant materials and testimony,the Planning Commission's recommendation and whether the application complies with Section 16A-5-440, Review Standards. Following closure of the hearing, the Town Council shall, by resolution, either approve, approve with conditions or deny the application. (7) Recording of final plat. Within ninety(90)days of the date of approval of the subdivision, the applicant shall submit three(3)Mylar copies of a final plat to the Planning Director. The final plat shall also be submitted in a digital form acceptable to the Community DeveloumentDepartment,for incorporation in the Town's geographic information system(GIS). a. Planning Director review. The Planning Director shall review the final plat to ensure it complies with the terms and conditions of approval,shall obtain signatures for all of the applicable certificates on the plat and shall return the exemption plat to the applicant. b. Recording by applicant. The applicant shall thereafter cause the final plat to be recorded in the records of the County Clerk and Recorder,at the applicant's expense. (8) Effect of final plat approval. Recording of the final plat shall confer upon the applicant the right to establish individual ownership interests,according to the final plat,within the area defined in said final approval,subject to any conditions imposed as part of the final approval and subject to the provisions of this Development Code, and any other applicable municipal ordinances and regulations. (9) Consolidation with PUD review. If the application requests both subdivision and planned unit development approval,then in lieu of the above procedures,the subdivision application shall be considered at the same time and following the same procedures as preliminary PUD plan review by the Planning Commission and final PUD plan review by the Town Council. i tn � Ordinance 15, Series of 2000 Page 86 FIGURE 5-10 SUBDIVISION APPLICATION PROCEDURES PRE-APPLICATION CONFERENCE (MANDATORY) SUBMIT APPLICATION STAFF REVIEW PUNNING COMMISSION MEETING PUBLIC NOTICE TOWN COUNCIL PUBLIC HEARING TOWN COUNCIL ACTION (Ord.4-1998 §1) Sec. 16A-5-430. Application contents. An application for subdivision shall include the following information: (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5- 40(b),Minimum Contents. (2) Improvements survey. An improvements survey, showing the location and dimensions of all existing structures, streets,alleys,easements,drainage areas,irrigation ditches,public and private utilities and other significant features within the proposed subdivision. (3) Plat. A proposed subdivision plat,which shall have accurate dimensions for all lines,angles and curves used to describe boundaries, streets, setbacks, alleys and easements. Areas to be reserved or dedicated for public or common use or other important features shall be shown with appropriate dimensions. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions,both linear and angular,are to be determined by an accurate control survey on <oX Ordinance 15, Series of 2000 Page 87 the field which must balance and close within a limit of one (1) in ten thousand(10,000). The plat shall depict the following information: a. Lots, blocks and streets. A systematic identification of all lots and blocks and names for all streets. b. Adjoining subdivisions. Names of all immediately adjoining subdivisions with dotted lines of abutting lots. If adjoining land is unplatted, it shall be shown as such. c. Public areas and facilities. An identification of the streets,alleys,parks and other public areas or facilities as shown on the plat, and a dedication thereof to the public use, when required. An identification of the easements as shown on the plat and a grant thereof to those persons identified on the plat. Areas reserved for future public acquisition shall also be shown on the plat. d. Survey description. A written survey description of the area, including the total acreage and a description of areas to be dedicated. e. Survey monuments. A description of all survey monuments, both found and set, which mark boundaries of the subdivision,and a description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. f. Surveyor's certificates. A certificate of a registered land surveyor explaining how bearings, if used,were determined. A certificate by the registered land surveyor as to the accuracy of the survey and plat,stating that the survey was performed by him or her in accordance with Title 38,Article 51,C.R.S. g. Certificate by attomey or title insurer. A certificate by an attorney admitted to practice in the State,or corporate title insurer,that the person or persons dedicating the public rights-of-way,areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances that would adversely affect the intended use of the property to which dedications are made to the public. h. Town signature blocks. Certificates providing for"Approval as to Form" by the Town Attorney and"Approval as to Content" by the Planning Director and a certificate providing for approval of the plat and acceptance of dedications and easements by the Town Council,with signature by the Mayor and attestation by the Town Clerk. i. Clerk and Recorder's Certificate. A certificate of recording for the County Clerk and Recorder. (4) Additional material. The application shall also contain the following material: a. Engineering plans. Complete engineering plans and specifications for all public improvements on- and off-site, including roads, trails, bridges and storm drainage improvements. Plans and specifications for improvements to be designed and constructed by special districts or utility companies shall not be required. b. Landscape plan. A detailed landscape plan showing locations, size and type of landscape features and planting schedule. c. Monument records. Copies of any monument records required of the land surveyor in accordance with Title 38,Article 53,C.R.S. � � 03 � Ordinance 15, Series of 2000 Page 88 d. Agreements. Any agreements with utility or ditch companies,when applicable. (Ord.4-1998 §1) Sec. 16A-5-440. Review standards. The proposed subdivision shall comply with the following review standards. (1) Consistency with Comprehensive Plan. The proposed subdivision shall be consistent with the intent of the Comprehensive Plan. (2) Compatibility with surrounding land uses. The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. (3) Comply with other applicable provisions. The proposed subdivision shall comply with all other applicable provisions of this Development Code,including,but not limited to,the applicable standards of Article III,Zone Districts,and Article IV,Development Evaluation Standards. (4) Suitability for development. The property proposed to be subdivided shall be suitable for development,considering its topography,environmental features and any natural or man-made hazards that may affect its development potential. (5) Adequate facilities. The applicant shall show that: (a)adequate facilities will be provided to the proposed subdivision for water supply, sewage disposal, solid waste disposal, electrical supply, fire protection, roads and pedestrian circulation; (b) the proposed subdivision has been located so as to be reasonably convenient in relation to police and fire protection,emergency medical services and schools;and (c)the proposed subdivision will accommodate the efficient provision of transit facilities and services. (6) Spatial pattern shall be efficient. The proposed subdivision shall be located so as not to create spatial patterns that cause inefficiencies in the delivery of public services, or that require duplication or premature extension of public facilities. a. Roads. Any new road developed to serve the proposed subdivision shall be continuous and in alignment with existing platted streets to which the street is to be connected. Where appropriate,new streets shall be planned so that they can create an interconnected Town road network,with provision for adequate road and utility easements. Where cul-de-sacs are incorporated in a subdivision,the applicant is encouraged to provide a trail or similar pedestrian link between them. b. Water and sewer lines. Any water or sewer line extension necessary to serve the proposed subdivision shall be consistent with the Snowmass Water and Sanitation District's service plan and with the Town's Comprehensive Plan. (7) Phasing. If the proposed subdivision is to be developed in phases,then each phase shall contain the required streets, utilities, landscaping and other improvements that are necessary and desirable for residents of the project. If the subdivision incorporates any amenities for the benefit of the Town,such as trail connections,these shall be constructed within the first phase of the project,or, if this is not possible, then as early in the project as is reasonable. (Ord.4-1998 §1) See. 16A-5-450. Amendment of final plat. An applicant may amend an approved final subdivision plat by complying with the following procedures . /o'( *'V- Ordinance 15, Series of 2000 Page 89 and standards. (1) Overview of amendment procedures. There are three(3)types of amendments that an applicant may propose to an approved subdivision. The applicable procedures for each type of amendment are as follows: a. Administrative amendment. An administrative amendment to an approved subdivision may be considered pursuant to Section 16A-5-250,Administrative Modifications. b. Minor amendment. A minor amendment to an approved subdivision shall comply with the procedures of Subsection(2),Procedures for Minor Amendment of Final Plat,and with the standards of Subsection(3),Review Standards. c. Major amendment. A major amendment that would substantially modify all or a part of an approved subdivision, or any amendment to an approved subdivision that does not comply with the provisions of Subsection(3),Review Standards, shall require a full subdivision process. During the full subdivision process, the Town shall determine whether the application complies with the standards of Section 16A-5-440, Review Standards, and shall also consider (but not be bound by) whether the application complies with the standards of Subsection(3),Review Standards. (2) Procedures for minor amendment of final plat. a. Pre-application conference. Attendance at a pre-application conference is mandatory prior to submission of an application for a minor amendment to a final plat. b. Submission of application. The applicant shall submit an application to the Planning Director that contains the following materials: 1. Minimum contents. The minimum contents for any application, as specified in Section 16A-5-40(b),Minimum Contents. 2. Written statement. A written statement describing those elements of the original subdivision approval that are proposed to be modified. 3. Other information. The applicant shall submit such other written or graphic information as is necessary to describe and evaluate the proposed amendment, such as a marked-up copy of the final plat. c. Staff review. Staff review of the application shall be accomplished, as specified in Section 16A-5-50, Staff Review of Application. d. Public notice. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. Public notice that the Town Council will consider the application shall be given by publication,posting and mailing of notice,pursuant to Section 16A-5- 60(b), Manner and Timing of Notice. e. Town Council action. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A-5-70(b), Conduct of Public Hearing. The Town Council shall consider all relevant materials and testimony and the standards in Subsection (3), Review Standards, and shall, by resolution, approve, approve with Flo Ordinance 15, Series of 2000 Page 90 conditions or deny the application. f. Recording of amended plat. Within ninety(90)days of the date of approval of the amendment, the applicant shall submit three (3)Mylar copies, suitable for recording, of the amended plat to the Planning Director,together with any other documents that are to be recorded. The Planning Director shall review the documents to ensure that they comply with the terms and conditions of approval,shall obtain signatures for all of the applicable certificates on the final plan and shall return the documents to the applicant. The applicant shall thereafter cause the documents to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. (3) Review standards. An application for a minor amendment to a final plat shall comply with the following standards: a. Consistent with original subdivision. The proposed amendment shall be consistent with or an enhancement of the original subdivision approval. b. No substantially adverse impact. The proposed amendment shall not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. c. Not change character. The proposed amendment shall not change the basic character of the subdivision or surrounding areas. d. Comply with other applicable standards. The proposed amendment shall comply with the applicable standards for review of a subdivision application, as specified in Subsection(3), Review Standards. (Ord.4-1998 §1; Ord. 1-1999 §1) See. 16A-5-460. Vacation of recorded plat. Vacation of a recorded plat,or portion thereof,such as a public right-of-way or a dedicated easement, shall only be approved by the adoption of an ordinance by the Town Council. The following procedures shall apply to an application to vacate a recorded plat or portion thereof: (1) Pre-application conference. Attendance at a pre-application conference is optional, but recommended,prior to submission of an application to vacate a recorded plat or portion thereof. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains the minimum contents for any application,as specified in Section 16A-5-40(b),Minimum Contents, together with a copy of the recorded plat,indicating the portions of the plat proposed to be vacated. (3) Staff review. Staff review of the application shall be accomplished,as specified in Section 16A-5- 50, Staff Review of Application. A copy of the staff review shall be forwarded to the Town Council, together with a complete copy of the application. (4) Town Council action. Town Council action on the proposed vacation shall comply with the Town's procedures for adoption of an ordinance. The Town Council shall consider the following standards in determining whether to approve,approve with conditions or deny the application: a. Access to a public road. No roadway shall be vacated so as to leave any adjoining land without � rbb ' Ordinance 15, Series of 2000 Page 91 a means of access to another public road. b. Easements. When vacating a public road,the Town may reserve easements for the installation or maintenance of utilities,ditches and similar improvements. c. Transfers or sales of lots. A subdivision plat may be vacated if none of its lots have been sold or transferred,or if there have been sales or transfers, then if there has been no development on any lots in the subdivision and all of the owners agree to the vacation of the plat. d. Comprehensive Plan. The proposed vacation shall be consistent with the Comprehensive Plan. (5) Actions following approval. a. Documentation. The applicant shall record the documentation of the approved vacation in the office of the County Clerk and Recorder. The documentation shall also be submitted in a digital form acceptable to the Community DevelopmentDepartment, for incorporation in the Town's geographic information system(GIS). b. Quit claim deeds. Whenever the Town shall approve an application vacating a public right-of- way, abutting land owners shall be provided with a quit claim deed for the vacated lands. Each abutting land owner shall be deeded that portion of the vacated right-of-way to which the owner's land is nearest in proximity. (Ord.4-1998 §1) Division 5. Subdivision Exemptions Sec. 16A-5-500. Exemptions authorized. The Town Council shall be authorized to exempt the following activities from the terms of the subdivision regulations: (1) Lot line adjustments. Lot line adjustments between previously platted lots. (2) Lot combinations. Lot combinations of platted lots. (3) Conveying title. Conveying title and/or fulfilling legal obligations when no development will result thereafter,without subdivision or PUD approval. (4) Condominiumization and time share. Condominiumization of a development,or approval of time share estates. (Ord.4-1998 §1) Sec. 16A-5-510. Review procedure. The following procedures shall apply to a subdivision exemption application. These procedures are illustrated in Figure 5-9, Subdivision Exemption Application Procedures. (1) Pre-application conference. Attendance at a pre-application conference is optional, but recommended,prior to submission of an application for subdivision exemption. (2) Submission of application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 16A-5-520,Application Contents. 1601 Ordinance 15, Series of 2000 Page 92 (3) Staff review. Staff review of the application shall be accomplished,as specified in Section 16A-5- 50, Staff Review of Application. (4) Town Council action. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. The Town Council shall consider all relevant materials and testimony,shall consider whether the application complies with the standards in Section 16A-5-530,Review Standards,and shall,by resolution,approve,approve with conditions or deny the application. (5) Recording of exemption plat. Within ninety(90)days of the date of approval of the subdivision exemption,the applicant shall submit three(3)Mylar copies,suitable for recording,of an exemption plat to the Planning Director. The Planning Director shall review the exemption plat to ensure it complies with the terms and conditions of approval, shall obtain signatures for all of the applicable plat certificates and return the exemption plat to the applicant. The applicant shall thereafter cause the exemption plat to be recorded in the records of the County Clerk and Recorder,at the applicant's expense. FIGURE 5-9 SUBDIVISION EXEMPTION APPLICATION PROCEDURES PRE,APPlx7AT10N CONFERENCE la�AL) SUI APPUCATOW STAFF REVIEW TOWN COUNCIL ACTION (Ord.4-1998 §1) Sec. 16A-5-520. Application contents. An application for a subdivision exemption shall contain the following materials: (1) Minimum contents. The minimum contents for any application, as specified in Section 16A-5- 40(b),Minimum Contents. (2) Improvements survey. An improvements survey, showing the location and dimensions of all existing structures,streets,alleys,easements, drainage areas,irrigation ditches,public and private utilities and other significant features within the property. (3) Exemption plat. The applicant shall submit a proposed exemption plat, which shall contain the applicable information for a final plat,as specified in Section 16A-5430(3),Application Contents. (4) Condominium documents. For an application for condominiumization, the applicant shall also submit proposed condominium documents,including condominium declaration,articles of condominium r O v / Ordinance 15, Series of 2000 Page 93 association,bylaws,maps and all other applicable information as required by the Colorado Common Interest Ownership Act, Section 38-33.3-101 et. seq., C.R.S. The application shall also include a proposal for restricting owner usage and how the units will remain in the short-term rental market,if applicable. (Ord. 4-1998 §1) Sec. 16A-5-530. Review standards. An application for a subdivision exemption shall comply with the following standards: (1) Exemption is necessary. The exemption shall be necessary for the preservation and enjoyment of substantial property rights of the applicant. (2) Consistent with subdivision. The exemption shall be consistent with the preservation of the goals, objectives and standards of the particular subdivision or land area involved. (3) No new lots created. Granting of the exemption shall not create any new lots in any single-family subdivision. (4) Comply with Development Code. The exemption shall comply with the standards of the zoning district in which the property is located and all other applicable standards of this Development Code. With respect to an application for a lot line adjustment,if any of the lots or structures thereon are nonconforming prior to the adjustment,then no adjustment shall be allowed that increases the nonconformity of the lot or structure. (5) No adverse impacts. Granting of the exemption shall not be detrimental to the public welfare and shall not affect in a substantially adverse manner the enjoyment of land abutting upon or within the area in which the subject property is situated. (6) Not increase total allowable floor area. Granting of the exemption shall not increase the total allowable floor area on a lot or lots affected by the proposed exemption beyond the total allowed without the exemption,and any change in allowable floor area permitted by the exemption within those totals shall be consistent with the surrounding area. (7) Special circumstances. In the instance where the Town Council is unable to find that an application is consistent with any of the above standards,the exemption may only be granted if the Town Council finds that there are special circumstances or conditions affecting the subject property such that the strict application of these standards would result in undue hardship and deprive the applicant of the reasonable use of the land. (Ord.4-1998 §1) Sec. 16A-5-540. Condominium conversion. A building proposed to be converted into condominiums shall be inspected by the Building Department prior to review of the subdivision exemption request for condominiumization. This inspection shall primarily focus on fire,health and safety conditions and is not necessarily intended to bring old structures to full compliance with new building construction codes. (Ord.4-1998 §1) g.... 16.4 5 640 Time sharer Ordinance 15, Series of 2000 Page 94 d ' A ..teF vtil:..ntion of C..:l:tie.. TL:.. : Aeoemplished 1.... that hAA'@ bAeR ARReeiated With *OW PF99FQms in other Fas@Ft oomfounities. Based an Feseawh of past ' right FA&)'1138 GORGI&FOd POFSORAY(i-O', &F the PUFPOse efimpeGitien of SA06 tax), does net erempt the sale, ood requirements set feFth herein. subdA,isi@R or planned unit development iw4ew filAd VrithiR PArG (2)Y@aFS aS 1009 RF the PF9j@64 FOMAMR materially uRehanged, FeW@1V: r 116 Ordinance 15, Series of 2000 Page 95 (6) Mitigate impaetr an pregwns and wvjees. J�;q time shffe applioation shall be approved unless 89"tiffaing, effeetive management. In the ease of a prejeet wasisling of Fight te ase @states, unless an adequate amount efthe pufohase pr-ise paid by the fiF64 pumh"er efthe fight 40 us@ Osta4e is d@P0640d-by being effeFed ifialuding,withow!limitatien,the dwelling WHAsi any on Site amenities to be PFON'Wed by the (2) ldeatit .and e a— (3) sehedule. :111-he developeA estimated srhedule of oeffffRoneeffiew and Gempletieff of all buildings; dwelling "R46 and Affieflities and the develqpWS plaRG, if any, for phaBlfig, With a F4Q4AMAAI t�94 9116h (4) Time sham prejeat instmments. Copies and a brief naffative deseAption afthe mAte'481 feAt"FOR / 1t1 000, Ordinance 15, Series of 2000 Page 96 estate. lip- of forealAgi-fe,Ihe dff@19pff shall r.AQW4 of AdMirh to the PUFAQ68F a Fel@QAA 4811 New;Affeatifig (8) AnanoingeffeFed. the-dev9lapef' (10) Readingsuits. A sWomwA ef the status of NW pending suits against the d@vel@p@FeF4*t8veFffiH9 prejeets amenities. (15) Flinansialebligavion. pFablefa of a time shaF@ estate not being ava4lable to an eymer beeause efdamages,-------—r--—;1I . rig- � Ordinance 15, Series of 2000 Page 97 a holdeVeF OVMSF,and iA IhA SARA Of A hO'd@VSF 9M%@F,,A4,m panAltips mcill yap Assessed against swuh owner, (17) 8qh@dUjq for.!AAA]jaeFRAtiee faeilitim. -h-stateMont of-WhOR th@ rAQjBF!Beal FegFealiam wti-itiep to the eon an explanati flight of the fifth ealond"day fellom4ag the day the pufGh"OF ;'Rouled A PAIRS Aen t); (2Q) FAehMgepF@gF6FH. iH FR@Mb@rSWP OF Othw*is@ paftieipatimg in the pf@gFam as of a datenot meFo than one (!)year before (r3 Ordinance 15, Series of 2000 Page 98 tests estates- be available, then thp T-BAA% C-FluMA-1 may defer the pa4ioulaF appliga4ion Gentensp until RuAh time As T-9-A%COURGA,in its(e) DiSGIOSUFS statement. appFeve 9F Fejeet the same within thif:ty(90) days. In the evem ef the FeJoution,the applieent may amend oil @R!eF@d into, prior!a the date of tFansfer. The developer may obtain 4em ihe pufebasef a signed, date' (3) Resales. in the event of a FOS&!@ (a Saie, U;Emsf@F of emhaage oth@F than the original sale by the , deems 0000' Ordinance 15, Series of 2000 Page 99 @Xp@HG@ NON143"A414 F@&p@Gt W the tiMO 6'hRf@ estate fei:the year previous to the time efsale, and any unpoid oommen emponre assessment @F other sums owFeaily Elue and payable ffem 4he RAIIAF s— . C C @ptl..... 9UbpaFagFap h6 1 t1.eUgh 5 AG .hell H@t 8PP 15' A th@ GdlG A4R9 G . SWAGe . 1 GrAtmitoup tFaRsfer. A aFuite..s t....mf r of a 4:«.e..here e..rete; 2 Qw.wampat Elisposition. A A' e't'e by g ent or govemmental a StaIRRIAR49 BF OtheF disalomme statements required by the Soou6ties and &i9hao90 Commission, by the (14 dplAwed to the Geller 04 the wipirauon of the timp (h) Time shafe iRso:uMoRtF. (14 lataiwal&Rd time span esWes. Time Affe pFojoot fef integ'al estates and time SPAR . / a<* s000p Ordinance 15, Series of 2000 Page 100 el:ARM th6reOf-. I Rplost manageraeat entity. Pao riot to seleet and Gentmet with an entity f0F the 2. Ge"01 B'ARIef te pay. The fight to eempol Em qA%@F to pay maimeflanee fees and, in the 4. (�4 Right to use estates. Time Affs prejeet inStMffientS fef:right to use esteAss shall aelleetively ereate� �R� kify th@ PFOP@Fty• , � �r6 � Ordinance 15, Series of 2000 Page 101 estate. C n RAtAblighmeRt C + amegiatiAm- Tl.e ..........:..«ign shall 1.,.w all Sale 1 C time shorp ... Tt: layg,1 for anypmeate engage .. off ttempt}e.engage + L. fee, ,.1.. ...wh.'.. .Aral. .:th the intention o ffe.,e eelh eting having obtained a koongA fi;em the (;ele;:ndA R-Aal Rome C;ommiggjap- Rush nemd-Wet shall at All tiffies be mempt fiom this pFeAsion. Those persons dese;ihAd in ReAtion 33 61 104(4)(1)and(m),G.R.S.,we @mW tO thA ANWAt thAt the!"d@ FlGt eHgBg@ iff the ARIA Af time flhafe estates. In addition, ifthe pufahase or-sale with 44A StAtA 04 Unsold time rhA;:g PAWAR The develope*Shall haVe the ObligatiOR W pa)'&66@rSM@RtB WA fOFPSGt to ungeld time share estmes,of pfe;4do a subsidy to the asseeiation m4iieh shall equal the d-iffemnee betwoon 41he develepeF shall have the right to few oanvoon expense"A net be passed on to the assesia6ea,and Rueb time 9hor's egtowg ghall 440t be given a FoRtal �P°emcs'°.rs T°. " e o ^^''QQ``__QQ^^ Selling,affeelifig to Bell 9f 09OFilig t8 6011 eF ethwAcise seav",A time RhAFA pAtAte befoFe (2) 3A4lh i 1 :Pie Tom.... !`..unei1 ..........:thdFam..................ale f...d,.n of:plat of foqui:e Go4ain fAF a hAAr-iflp bAfiwe thA 4�qvql ce-flAil not less dhan ton(10)days,Hof Mom 9WH 014ty(39)dayG a • Cede + Ordinance 15, Series of 2000 Page 102 2. Severability. 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 September 18, 2000 upon a motion by Council Member , the second of Council Member , and upon a vote of_in favor and_against. READ, APPROVED AND ADOPTED as amended,by the Town Council of the Town of Snowmass Village on Second Reading on October 2, 2000 upon a motion by Council Member the second of Council Member and upon a vote of_in favor and against. TOWN OF SNOWMASS VILLAGE T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk COUNCIL COMMUNIQUE Meeting Date: Se tember 18, 2000 Presented B Gary Suiter Subject: Initiative Ordinance No. 01, Series of 2000 Overview: This Initiative Ordinance establishes broad spending limitations on the Town Council for all future projects. The limit is equal to forty percent of the latest available year's audited general revenue of the Town. Any project in excess of the limit will require voter approval. For example, the limit for this year would be $3.86 million. The Initiative Petition was submitted to the Town Clerk on behalf of the Petitioner's Committee on September 11`h. The Petition was certified on the same day by the Town Clerk. This ordinance raises multiple philosophical and policy issues such as existing constitutional limitations, representative government, cost of delay, historical track record, government trust, voter apathy, resort/community improvement and investment, and the limitation amount, to name a few. These issues are too numerous and complex to discuss here. For your information, staff has assembled a ten-year history of financial ballot questions (attached). When an initiative petition comes forth we need to pay attention to it. We can imply from the petition signers that they are uncomfortable with certain aspects of this government, and wish to have a stronger voice in the governance process. With that comes a responsibility to get involved, become informed, and participate in their government. Staff believes that this initiative is not entirely about the Town government and its process. We have a solid history of taking issues to the people and providing ample opportunity for public involvement. It is our job to work on behalf of the residents of this great community and we take that responsibility very seriously. However, in deference to the petition signers and their wish for a stronger voice, we recommend that this matter be laced on the ballot for the electors to decide. Recommendation: Staff believes that this ordinance would further hinder government's ability to accomplish projects in an already constrained environment. Staff recommends denial and placement on the November ballot. it1910� Ten Years of Ballot Issues Year Am u t• Nam 'Actio_n 1990 5.7 Mountain View Housing Bond Approved 1990 4.3 Operations Center GO Bonds Approved 1993 1.1 Horse Ranch Housing Bonds Denied 1994 .7 Tabor Question: Housing Expend. Approved 1995 1.5 Rodeo Aquisition Denied 1995 3.0 Rodeo Improvements Denied 1996 3.8 Meadow Ranch Open Space Purchase Denied 1997 2.2 Mt. View Phase II Housing Bonds Approved 1998 7.1 Droste GO Bond Question Approved 1998 AEU'DeBrucing(all future rev./exp) Approved " amounts in the moons TOWN OF SNOWMASS VILLAGE TOWN COUNCIL INITIATIVE ORDINANCE No. 01 SERIES OF 2000 AN ORDINANCE ESTABLISHING PROJECT SPENDING LIMITATIONS FOR THE TOWN COUNCIL ABOVE WHICH APPROVAL BY THE ELECTORS OF THE TOWN OF SNOWMASS VILLAGE IS REQUIRED WHEREAS,the Electors of the Town of Snowmass Village have delegated to the Town Council certain responsibilities and authorities, WHEREAS, from time to time certain issues or projects may become large enough or controversial enough to be referred back to the electors, WHEREAS, the Town Council in such cases should assure themselves of the support of the electors, WHEREAS, some projects may require enough money to compromise the ability to properly consider other projects in the future, where priorities may be different than those of current Council members, NOW,THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Definitions. For use by this ordinance, the following definitions are established: Money. Money means money from any source and of any type. Proiect spending limitation. Project spending limitation during a current year is forty percent (40%)of the latest available years' audited total of general revenue of the Town of Snowmass Village. This shall be determined consistent with the accounting practices of the Town of Snowmass Village audited financial statement of 1999, forwarded with the aud'itor's report dated March 8, 2000. For example, page 4 of that report cites a general revenue total of$9,648,730, which would yield a spending limitation of approximately$3.86 million for calendar year 2000. Proiect A project means the total of any activity or group of activities, which are properly, usually, or best planned or executed together to achieve an objective or related objectives. Section Two: Protect Spending Limitation The Town Snowmass Village shall not implement, approve, institute, or contract any protect or obligate itself in any way to any prod within the Town of Snowmass Village or to be paid for by the Town of Snowmass Village,which requires an expenditure of money in excess of the protect spending limitodon without a vote of the electors of the Town of Snowmass Village approving the protect and the money for the prolecck INTRODUCED, READ AND ADOPTED on first reading by the Town Council of the Town of Snowmass Village, Colorado,on this_day of September 2000 by a vote of_to INTRODUCED, READ AND ADOPTED ON SECOND READING BY THE Town Council of the Town of Snowmass Village, Colorado, on this_day of September 2000 by a vote of_to TOWN OF SNOWMASS VILLAGE T. Michael Manchester, Mayor ATTEST: Trudi Worline,Town Clerk � 2Z � JEH Box 17120 SNOWMASS VILLAGE CO 81515 SEPTEMBER 10, 2000 To: Trudi Worline, Town Clerk, Town of Snowmass Village Cc: Gary Sutter Subject: Town of Snowmass Village Initiative Ordinance No. 1, Series of 2000 Hand-carried to you herewith at about 8:00 this morning are the petition forms and signatures relative to subject. The Petition Committee thanks you for you help and support in providing the necessary forms and rules regarding this procedure. The signatures were obtained by circulators Johnny Boyd, Phil Desmond, Carol Gaudin, Jan Grande, Jim Heywood, Bob Moyer and Vern Twombly. The results are: Number of Petition Sections: 13 Number of Signatures: 258 We believe it very desirable if you could certify these signatures to the Town Council today, or before you leave the job this week. This should permit first consideration by the Town Council at their meeting of September 18, 2000. If the Council decides not to adopt this ordinance, that timing would facilitate subject ordinance being placed on the regular November ballot, a saving in money, effort and confusion for the Town government and its Electors versus a special election. Please let Gary Suiter and me know if you are not able to accomplish certification to the Council before you leave. Thank you. mes E. Heywood 123 CERTIFICATE STATE OF COLORADO } } COUNTY OF PITKIN } 1, Trudi Worline, Town Clerk of the Town of Snowmass Village, Colorado, do hereby certify that the Initiative Petition submitted to me on September 11, 2000 by James E. Heywood on behalf of the Petitoners Committlbe has been determined sufficient according to the terms and conditions as set "o in the Home Rule Charter and the Snowmass Village Municipal Code. In witness whereof I have hereunto set my hand and the official seal of the Town of Snowmass Village, Colorado on this 11"' day of September, 2000. TRUDI WORLINE, Town Clerk OFFICIAL SEAL qow COUNCIL COMMUNIQUE MEETING DATE: September 18, 2000 BY: Steve Connor STAFF: Joe Coffey SUBJECT: SECOND READING OF ORDINANCE NO., 22, SERIES OF 2000, AMENDING CHAPTER 17 OF THE MUNICIPAL CODE, EMPLOYEE HOUSING RESALE REVISIONS OVERVIEW: This is the Second Reading of the Employee Housing Resale Revisions. Steve has made the changes that Council requested at First Reading. STAFF RECOMMENDATION: Review changes and approve Ordinance No. 22, Series of 2000 p:/shared/clerk/manager.xsc/cmq.2000/00-22.cmq I f TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 22 SERIES OF 2000 AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE CONCERNING EMPLOYEE HOUSING RESALE PROCEDURES. WHEREAS, the Town Council requested the Housing Manager to review and suggest revisions to the resale procedures for condominiums and detached single family residence; and WHEREAS, the Housing Manger has made recommendations to the Town Council at several work sessions,; and WHEREAS, the Town Council desires to amend the resale procedures to incorporate the recommendations of the Housing Manager; 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: 1. Chapter 17 Amended and Restated. The provisions of Chapter 17 of the Municipal Code are amended and restated as follows: Sec. 17-1. Purpose. To effectuate the orderly administration of permanent moderate housing units, the Town Council has determined that reasonable regulations and restrictions are required. It is the intention of the Town Council to ensure that permanent moderate housing units shall be available for purchase and occupancy by qualified individuals at an affordable price. Public funds are being utilized to make the original purchase price of a permanent moderate housing unit affordable, and, therefore, restrictions on the escalation of the value of the unit are required to ensure that the purposes for creation of the housing unit are maintained. Sec. 17-2 Application. The provisions of this Chapter shall apply to and restrict the use, occupancy and sale of all permanent moderate housing units, including without limitation condominium units and houses within the following projects: the Mountain View Permanent Moderate Housing Condominiums, the Creekside Condominiums, the Country Club Townhomes the Country Club Villas and the Crossings at Horse Ranch. Sec. 17-3. Definitions. As used in this Article, the following words shall be construed to have the meanings defined below: 1. Current resale price shall apply to all condominium units in existence on July 22, 1991, until the unit is sold by the owner, at which time the maximum resale price shall apply. Any condominium unit created after July 22, 1991, shall be subject to the maximum resale price. The Current resale price means the owners purchase price, plus: a. An amount equal to the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the C.P.I.- W, calculated as follows: i. The purchase price of the current owner; ii. Multiplied by the C.P.I.-W last published prior to the time of purchase by owner; iii. Divided by the C.P.I.-W last published prior to the date of notice of intent to sell. b. The depreciated cost of improvements to the condominium unit which have been paid for by the owner and approved by the Town. 2. House Base price is maintained in the records of the Town. The finishing of the basement shall be added to the base price upon completion to a maximum of the amount shown as standard basement, provided that the completion is in accordance with the description of a house option. 3. House Improvements means any house option which is installed after the issuance of the original certificate of occupancy for the house plus the cost of the deck option, if it was subtracted from the calculation of the base price by the Housing Manager. From the issuance of the original certificate of occupancy, the limitation on the maximum amount of improvements shall escalate as follows: a. To five (5) years, five percent (5%) of the base price; b. To six (6) years, six percent (6%) of the base price; X01 00, C. To seven (7) years; seven percent (7%) of the base price; d. To eight (8) years, eight percent (8%)of the base price; e. To nine (9)years, nine percent (9%) of the base price; and f. To ten (10) years, ten percent (10%) of the base price. The maximum amount of improvements shall be limited to ten percent (10%)of the base price. An owner shall provide the following information to the Town Clerk with the written notice of intent to sell to substantiate the calculation of the allowable amount of improvements: a. An affidavit of owner setting forth the amounts expended for improvements with receipts attached thereto; b. The certificate of completion issued by the Building Official for the improvements, if required, or d no certificate of completion is required, then a statement from the Building Official that the improvements installed did not require a certificate of completion. 4. House Option means any improvement to a house, which was approved by the Town Council as an option to the basic house design, as set forth in Exhibit "A" to the Horse Ranch Employee Housing Development Agreement entered into by and between the Town and Foresite Capital Facilities Corporation on April 22, 1994, plus. automatic sprinkler system, gutter and downspout, permanent landscaping and heat tapes. 5. Housing Unit means a condominium unit or a house that is subject to the provisions of this Chapter. 6. Maximum resale price shall only apply to a housing unit that has been maintained in a clean and orderly condition, normal wear and tear excepted. Maximum resale price means the owner's purchase price: a. Plus, the lesser of an amount equal to the original price plus a three- percent (3.0%) annual increase in the purchase price, prorated from the date of purchase, or an amount equal to the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the C.P.I.- W, calculated as follows: 0 IZv i. The purchase price of the current owner; ii. Multiplied by the C.P.I:W last published prior to the time of purchase by owner, iii. Divided by the C.P.I.-W last published prior to the date of notice of intent to sell. b. Plus, the actual cost of capital improvements performed by the condominium association of the project in which the housing unit is located, paid for by the owner and approved by the Town, not to exceed ten percent (10%)of the owner's purchase price. C. Plus, the cost of installed house improvements. 7. Owner means the fee simple owner of a housing unit. 8. Qualified purchaser means an individual meeting the qualifications for sale and resale of a housing unit as established from time to time by the Town Manager, taking into consideration employment, income, net worth and any other criteria established by the Town Manager to determine eligibility for purchase of a housing unit. 9. Resale fee means an amount equal to one percent (1%) of the selling price of a condominium unit to a maximum of one thousand dollars ($1,000.00), and one-half of one percent (.5%) of the purchase price of a house to a maximum of one thousand five hundred dollars ($1,500.00). Sec. 17-4. Resale procedure. a. Notice to Sell and Resale Fee Deposit. The owner shall file a written notice of intent to sell with the Housing Manager. The Housing Manager shall determine the maximum resale price or the current resale price for the condominium unit if applicable, collect one-half (Y:) of the resale fee based upon the higher of the maximum resale price or the current resale price. A notice of the availability of the condominium unit or the house for purchase by a qualified purchaser shall be published in the Snowmass Village Sun once a week for the next four (4) consecutive weeks. b. Snowmass Village Employee Priority. For thirty (30) days from the date of filing of the notice of intent to sell, qualified purchasers who are employed on a full-time basis in the Town shall have the first opportunity to purchase the i condominium unit or house. At the end of the thirty-day period, the Housing Manager shall prioritize all qualified purchasers who have submitted a qualification letter from a lending institution stating that they have been pre- qualified to obtain a mortgage for not less than the amount of the purchase price to be financed and a verification of deposit of funds for the balance of the purchase price. c. Prioritization of Qualified Purchaser. The priority for each qualified purchaser shall be determined by full-time employment history as follows: L Category 1. Greater than fifteen (15) years. ii. Category 2. Greater than ten (10) years to fifteen (15) years. iii. Category 3. Greater than five (5) years to ten (10) years. iv. Category 4. Greater than one (1) year to five (5) years. Within each category, priority shall be determined by lot. Further prioritization shall be determined for Snowmass Village employees only, as follows: a. an existing Owner of one (1) year or greater in the project in which the condominium unit or house is located, shall be designated the first priority qualified purchaser, irrespective of full-time employment history; or b. for a three (3) bedroom condominium unit or a house, a single parent with a minor dependent child who resides with the parent for a minimum of one hundred eighty-three (183) days each calendar year or two (2) or more persons shall be designated the first priority qualified purchaser, irrespective of full-time employment history, after a person granted priority under the provisions of subparagraph (a); and c. In the event multiple qualified purchasers are confirmed under subparagraph (a) or (b), then the priority shall be determined by full-time employment history, and then by lot, if necessary. d. Contract and Sale Procedure. The first priority qualified purchaser shall have seven (7) days to enter into a contract with the owner for purchase of the housing unit. In the event that a contract is not timely entered into then the next priority qualified purchaser shall have seven (7) days to enter into a contract with the owner for purchase of the condominium unit or house, and so on until a sale occurs. The owner may not reject an offer from a qualified purchaser that is for 36 the maximum resale price or the current resale price, as the case may be, unless other terms and conditions of the offer are unreasonable. Thereafter, if the condominium unit or house has not been sold, the owner may list it for sale with a real estate broker, or negotiate a contract for its sale provided that the owner shall notify all prospective purchasers that they must be confirmed to be a qualified purchaser by the Housing Manager. e. Advertise Housing Unit for Sale. The owner shall advertise the housing unit for sale by the placement of a "for sale" sign meeting the requirements of Chapter 16A of this Code at a conspicuous location. f. Confirmation of Qualification. At the closing of the sale, the Housing Manager shall confirm: L The status of the qualified purchaser to purchase the housing unit or house; ii. That the purchase price does not exceed the maximum resale price or the current resale price, as the case may be; and iii. That the owner has paid the balance of the resale fee to the Town. Sec. 17-5. Mandatory resale. If the principal place of residence of the owner is not maintained at the housing unit, then the owner shall immediately offer the housing unit for sale in accordance with the provisions of Section 17-4. For purposes of this section, principal place of residence requires the owner to be in physical residence in the housing unit for a minimum of eight (8) months each calendar year. Sec. 17-6. Nonqualified purchaser. In the event that a purchaser who is not a qualified purchaser takes title to a housing unit, then such purchaser shall immediately: a. Mandatory sale. Place the housing unit for sale in accordance with the provisions of Section 17-4, provided that the maximum resale price shall be the lesser of the actual purchase price paid by the nonqualified purchaser or the maximum resale price; and b. Mandatory rental. Rent the housing unit to a Town or County employee, subject to the approval of the Town Manager pending the sale of the housing unit. In no event shall the nonqualifying purchaser reside in the housing unit or obtain any use or enjoyment from the housing unit. Sec. 17-7. Rental a. No owner may rent all or a portion of a housing unit without the prior express written approval of the Town Council. b. With the approval of the Town Council, a homeowner may rent the entire housing unit. The maximum rent for any approved lease may not exceed the monthly expenses for costs of principal and interest payments, taxes, property insurance, assessments and utilities, plus an additional amount not to exceed twenty dollars ($20.00) per month. If no mortgage exists against the housing unit, then the rental rate shall not exceed the monthly expense plus a reasonable amount approved by the Town Council. A security deposit in a reasonable amount which is refundable in accordance with the laws of the State may be deposited by the tenant. No short-term rentals will be allowed, and the total rental for a calendar year shall be limited to a maximum of six (6) months. c. Without the approval of the Town Council, the owner of a housing unit of at least two (2) bedrooms may rent one (1) bedroom to a maximum of two (2) people. Provided, however, the owner occupant must reside in the housing unit at all times, must occupy a bedroom in the housing unit and must receive prior approval for any such rental from the association in which the housing unit exists. d. Where there exists a conflict between any limitation or requirement in this Code and any limitation or requirement contained in any applicable protective covenant, deed restriction, condominium declaration, homeowners or condominium association bylaws or rules and regulations, as the same may be adopted or amended from time to time, the more restrictive limitation or requirement shall prevail. Sec. 17-8. No guaranty or warranty. No guaranty or warranty is made by the Town that an owner may be able to: a. Resell a housing unit; b. Resell a housing unit at the maximum resale price; c. Rent a housing unit; or d. Rent a housing unit without incurring monetary loss. Sec. 17-9. Exempt transactions. A transfer by operation of law, by will or inheritance, by a public trustee deed or a sheriffs deed pursuant to a foreclosure sale shall be exempt from the the procedures set forth in Section 17-4, provided written notice shall be provided to the Housing Manager providing information to support that an exempt transaction has occurred. Sec. 17-10. Release of restrictions. To induce lending institutions to finance housing units, the Town Manager is authorized to enter into agreements with lending institutions which allow for the release of a housing unit from the application of the provisions of this Chapter in the event of a foreclosure of a first priority deed of trust or mortgage securing a loan. Any such agreement shall provide that: a. The Town shall have an option to purchase the housing unit for the price which would be paid by the redeeming owner in the foreclosure; b. The option to purchase period shall commence upon the end of the last redemption period of the foreclosure and shall continue for a period not less than ten (10) days; and c. The release of the housing unit from the applicability of this Chapter shall occur only after the expiration of the option to purchase period. Sec. 17-11. Remedies of the Town. The Town expressly reserves all remedies provided by law for breach of these restrictions. a. Transfer void. In the event a housing unit is sold and conveyed without compliance herewith, such sale shall be wholly null and void and shall confer no title whatsoever upon the purported purchaser. Each and every conveyance of the property, for all purposes, shall be deemed to include and incorporate by this reference the covenants herein contained, even without reference herein to this agreement. b. Failure to cure breach. In the event the owner fails to cure any breach, the Town may resort to legal action, including, but not limited to specific performance of these restrictions or a mandatory injunction requiring sale of the property by the owner. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the owner. 133 c. Housing unit price freeze. In the event of a breach of any of the terms or conditions hereby of the owner or the transfer of a housing unit to a nonqualffled transferee, the original purchase price of the housing unit shall upon the date of such breach or transfer automatically cease to increase and shall remain fixed until the date of cure of said breach or disqualification. 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 August 7, 2000 upon a motion by Council Member Hatfield, the second of Council Member Costello, and upon a vote of 5 in favor and 0 against. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on Second Reading on September 5, 2000 upon a motion by Council Member , the second of Council Member and upon a vote of— in favor and _against. TOWN OF SNOWMASS VILLAGE T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk 3 4 000V COUNCIL COMMUNIQUE Meeting Date: =September 18, 2000 Presented B Marianne Rakowski/Steve Connor Subject: RESOLUTION NO. 38, SERIES OF 2000, A RESOLUTION SUBMITTING TABOR QUESTIONS TO THE TOWNS ELECTORATE. Overview: This Resolution contains two debt questions that Town Council may submit to the electorate. The first is a General Obligation Bond Question with the principal amount of 2.32 million dollars for a Community Pool Facility to be located in the general vicinity of the Community Park. The second is also a General Obligation Bond Question with a principal amount of 3.08 million dollars for the purpose of financing the cost of acquiring all or a portion of the land commonly known as the Rodeo Property. The language also includes possible purchase of a conservation easement. Both questions are exempted from Tabor as it now or may exist. Recommendation: Approval of Resolution No. 38, Series of 2000 � t 3�' TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 38 SERIES OF 2000 A RESOLUTION SUBMITTING TABOR QUESTIONS TO THE TOWNS ELECTORATE. WHEREAS, Article X, Section 20 of the Colorado Constitution , hereinafter referred to as "TABOR", requires the Town to submit certain questions to the electorate in the manner prescribed therein; and WHEREAS, November 7, 2000, is one of the election dates at which ballot issues may be submitted to the eligible electors of the Town pursuant to TABOR; and WHEREAS,the Town Council desires to submit two debt questions to the electorate which are considered ballot issues under the provisions of TABOR; and WHEREAS,the Town Council finds thatthe adoption of this Resolution is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED by the Town ,Council of the Town of Snowmass Village, Colorado, as follows: 1. Ballot Questions. Pursuant to the Town Charter,the Colorado Municipal Election Code of 1965 and TABOR and all laws amendatory thereof and supplemental thereto, there shall be submitted to the eligible electors of the Town the questions set forth as follows: a. Community Pool Debt Question: SHALL TOWN OF SNOWMASS VILLAGE DEBT BE INCREASED $2,320,000 WITH A REPAYMENT COST OF$4,481,088(MAXIMUM TOTAL PRINCIPAL AND INTEREST) AND SHALL TOWN TAXES BE INCREASED $229,778 ANNUALLY (NET OF ANY PROPERTY TAX CUT MANDATED BY ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AS IT CURRENTLY EXISTS OR IS HEREAFTER AMENDED), FOR THE PURPOSE OF FINANCING THE COST OF CONSTRUCTING, INSTALLING AND EQUIPPING A COMMUNITY POOL FACILITY TO BE LOCATED IN THE GENERAL VICINITY OF THE COMMUNITY PARK; AND SHALL THE MILL LEVY BE INCREASED IN ANY YEAR BUT ONLY IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF AND PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS OR NOTE(S) OR ANY REFUNDING BONDS OR NOTE(S) WHEN DUE, WITHOUT LIMITATION OF RATE OR AMOUNT; SUCH DEBT TO BE EVIDENCED BY THE ISSUANCE OF GENERAL OBLIGATION BONDS OR NOTE(S) BEARING INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 7.15%; SUCH BONDS OR � 13 �' •- Resolution No. 38, Series of 2000 Page 2 NOTE(S)TO BE SOLD WITH SUCH MATURITIES AND IN ONE SERIES OR MORE IN AN AGGREGATE AMOUNT NOT TO EXCEED THE MAXIMUM AUTHORIZED PRINCIPAL AMOUNT AND REPAYMENT COST,ON TERMS AND CONDITIONS AS THE TOWN COUNCIL OF THE TOWN MAY DETERMINE, INCLUDING PROVISIONS FOR THE SALE OF THE BONDS ABOVE OR BELOW PAR AND FOR REDEMPTION OF THE BONDS OR NOTE(S) PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM; AND SHALL THE INVESTMENT EARNINGS ON THE BOND OR NOTE PROCEEDS AND TAX REVENUES BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? b. Rodeo Property Debt Question: SHALL TOWN OF SNOWMASS VILLAGE DEBT BE INCREASED $3,080,000 WITH A REPAYMENT COST OF$5,949,295(MAXIMUM TOTAL PRINCIPALAND INTEREST) AND SHALL TOWN TAXES BE INCREASED $303,750 ANNUALLY (NET OF ANY PROPERTY TAX CUT MANDATED BY ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AS IT CURRENTLY EXISTS OR IS HEREAFTER AMENDED), FOR THE PURPOSE OF FINANCING THE COST OF ACQUIRING ALL OR A PORTION OF THE APPROXIMATELY 21 ACRES OF LAND COMMONLY KNOWN AS THE RODEO PROPERTY LOCATED NEARTHE INTERSECTION OF BRUSH CREEK ROAD AND HIGHLINE ROAD, OR A CONSERVATION EASEMENT THEREON, OR AN INTEREST THEREIN, AND FOR COSTS RELATED TO SUCH ACQUISITION OR EASEMENT; AND SHALL THE MILL LEVY BE INCREASED IN ANY YEAR BUT ONLY IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF AND PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS OR NOTE(S) OR ANY REFUNDING BONDS OR NOTE(S) WHEN DUE, WITHOUT LIMITATION OF RATE OR AMOUNT; SUCH DEBT TO BE EVIDENCED BY THE ISSUANCE OF GENERAL OBLIGATION BONDS OR NOTE(S) BEARING INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 7.15%; SUCH BONDS OR NOTE(S)TO BE SOLD WITH SUCH MATURITIES AND IN ONE SERIES OR MORE IN AN AGGREGATE AMOUNT NOT TO EXCEED THE MAXIMUM AUTHORIZED PRINCIPAL AMOUNT AND REPAYMENT COST, ON TERMS AND CONDITIONS AS THE TOWN COUNCIL OF THE TOWN MAY DETERMINE, INCLUDING PROVISIONS FOR THE SALE OF THE BONDS ABOVE OR BELOW PAR AND FOR REDEMPTION OF THE BONDS OR NOTE(S) PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM; AND SHALL THE INVESTMENT EARNINGS ON THE BOND OR NOTE PROCEEDS AND TAX REVENUES BE 13 1 ' Resolution No. 38, Series of 2000 Page 3 COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION ASA VOTER- APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? 2. TABOR Notice. On or before September 26, 2000, the Town Clerk shall cause the notice required by Section 20(3)(b) of Article X of the Colorado Constitution to be prepared and delivered to the County Clerk as required by Sections 31-10-501.5 and 1-7- 904, C.R.S. 3. Direction to Town Staff. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution, including entering into an intergovernmental agreement with the County Clerk, if necessary in connection with the County Clerk giving the notice described in Section 2. 4. Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. 5. Inconsistency. All acts, orders and resolutions, and parts thereof, inconsistent with this Resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, order or Resolution, or part thereof, heretofore repealed. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village,Colorado,on September 18,2000, upon the motion of 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: 13 �f Resolution No. 38, Series of 2000 Page 4 Trudi Worline, Town Clerk SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 07-17-2000 COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester; Kevin Costello; Jack Hatfield; Douglas Mercatoris, Mark Brady COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Gary Suiter, Town Manager; Craig Thompson, Community Development Director; Hunt Walker, Public Works Director; Dave Peckler, Transportation Manager; Steve Connor, Town Attorney and Donna J. Garcia, Secretary/Town Clerk PUBLIC PRESENT: Jim Wells, Dean Gordon, Don Schuster, Joe Kracum, Michael White, Carolyn Sackariason, Rick Payne, Gary Severson, Leslie Lamont, John Francis, Jeffrey Server, Mark Moebius, Bill Burwell, Don Quest, John McCarty, Bob Gaudin, and other members of the public interested in today's Agenda items. The Work Session began at 2:10 p.m. NWCOG PRESENTATION Gary Severson, Executive Director of NWCOG, explained that his organization represents municipalities in Eagle, Grand, Jackson, Pitkin and Summit Counties and consists of 26 members. He outlined their new program entitled New Directions, created to maintain the viability and strength of the core programs, address current issues of relevance and importance to the region and provide custom designed, specialized services to meet the needs of individual members. Severson explained that on a regional basis, three new initiatives were set forth on behalf of their members and included coordinating with Federal Lands Management, instituting a regional Geographic Information Systems (GIS) Project, and an Employer Assisted Housing Program. Federal Lands Management issues included their review of the White River National Forest Plan, which resulted in an invitation to NWCOG from the United States Senate to testify before the Senate Subcommittee, ultimately resulting in l 116 . 07-1 7-00ws Page 2 the development of a grant from the United States Forest Service to develop a process for multi-jurisdiction collaboration regarding land management. Through this Building Bridges Project, they are working with the White River National Forest and the Rocky Mountain Regional Forest Service as the representative of local governments, to negotiate and develop the final Environmental Impact Statement (FEIS) on the Blue River Watershed, selected as the pilot program. Severson reported that research identified a large discrepancy in the use of GIS within their region. NWCOG applied to the State of Colorado and received a grant to build a regional GIS system that will be compatible among all the jurisdictions. The needs assessment portion of the project is now in the local application phase in which $80,000 will be granted to NWCOG member jurisdictions to assist with implementation. NWCOG, in cooperation with Fannie Mae, the Colorado Housing and Finance Authority and area chambers of commerce, have begun an effort to determine the needs and to devise mechanisms to assist employers with housing their employees. Leslie Lamont, Pitkin County Commissioner, expressed the value she sees as a result of Severson's assistance on the Forest Service Plan and grant writing, and highly recommended NWCOG. Severson explained that the core services they still offer include such things as nutrition centers for seniors, home weatherization programs, elevator inspection, and watershed services. He reported that Robert Ray, of Watershed Services, assisted with the Basalt Sanitation Expansion and is now coordinating the Snake River Task Force in Summit County whose issues may be similar to those relating to Snowmass Creek, and has received a $100,000 grant from the Core of Engineer to assist with this project. Severson outlined membership dues, which are based upon a formula using population numbers and assessment evaluation. Severson explained that only members are allowed to participate in the elevator inspection services. The year 2000 membership dues for Snowmass Village would have been $4,234. Hatfield stated an interest in the Watershed Program and suggested that a special Work Session be scheduled to discuss membership. Mercatoris outlined meetings scheduled for the month of August, 2000 as follows: • Western Slope Legislative Assembly, August 9 and 10 at the Western Slope Legislative Assembly at the Holiday Inn in Grand Junction; r Yt / 07-17-00ws Page 3 • Hot Topics in Smart Growth Regional Forum on August 17, 18, 23, and 25, 9:30 am to 1:00 pm, at the Staff Strategic Planning Session. MALL TRANSIT PLAZA DISCUSSION Joe Kracum of M.K. Centennial, reviewed optional plans for the Mall Transit Plaza. Mercatoris stated that available money for this project includes approximately $7M from the Elected Officials Transportation Committee (EOTC), $2M from the Real Estate Transfer Tax (RETT) Fund, and $2M from the Road Fund, for approximate total funds of$11 M. Costello stated his preference for plan Option No. 2 for approximately $11 M and asked that the Mall Partners state their Plan preference and if they wish to participate financially. As a Mall Partner, John Francis stated the long-standing need for parking. He said approximately $1.00 per square foot for parking from his tenants would produce approximately $2M. Jeffery Server, a Mall Partner, stated that he was skeptical that his tenants would approve $1.00 per square foot for parking and suggested a change in architecture and engineering, stating his preference for construction in the upper parking lots. He suggested that Council set a price of $13M and request that Kracum develop a plan for that price to include net new 200 parking spaces. Costello requested assurance of the Mall Partners support and suggested a partnership between Council and the Mall Partners to build a structure that will reap the desired net 150 new parking spaces. Bill Burwell of the Silvertree, stated that the original plan was to develop infrastructure through development, which is partially done through property taxes. He requested that the Town utilize parking that is currently not being utilized. Hatfield stated his concern with the lack of clarity, which he feels has caused decision-making to be postponed. He would like to see a regional bus depot. He suggested a means to accomplish the multiple goals by the use of a unique financing mechanism where costs are shared with the tenants and the business owners. Manchester explained that anticipating a 25-percent growth rate within the next 15 years would produce the additional funds necessary to construct a Transit Facility. He stated that he believes Option No. 1 is the Plan that will address the need, which includes a net 232 new parking spaces, of which 185 are in Parking Lot Nos. 8 and 9. Council agreed that Kracum take additional time to find a solution that addresses the original goals of the plan, which is the "net 200 new' parking spaces above the Transit Plaza, and determine which plan he can adjust for a total project cost of$13.5 million. Mayor Manchester set the next Work Session to discuss this issue for Monday, August 7, at 2:00 p.m. TIMBERLINE LEASE AMENDMENT .(Y., ' 07-»-00.s Page 4 The Town Manager explained that Council recently approved an amendment to the Timberline SPA (Ordinance No. 13, Series of 2000) allowing an expansion of the footprint for AT&T Wireless facilities at the Timberline. He further explained that the Timberline has leased Town land for this facility since 1986. The land lease describes permitted uses and terminates in 2007, allowing the lessee the sole right to renew the lease for another twenty years under the same terms and conditions. Complications to this matter are that the Town Planner granted approvals in 1991 and 1993 to allow construction of employee housing as well as the existing wireless facility to the Timberline without amending the SPA and without amending the lease. The lease now needs to be amended to reflect the additional uses of employee housing, antenna reception and transmission devices. Don Quast, of the Timberline, stated that the Timberline receives $600 a month from AT&T for use of the space and provided the background since the 1991 approvals. He also stated that the Timberline is willing to re-negotiate the lease to 2007, with an option to renew. The Town Attorney recommended an amendment to the lease and provided an explanation for his recommendation. After further discussion, Council requested that the Town Attorney draft an amendment to create an option for renewal of the lease terms only; delete the language that refers to "the same terms and conditions" and modify the language to state that the new lease rate will be re-negotiated at fair market value, or as determined by a third party. Mayor Manchester directed staff to request a $20,000 lump-sum payment from AT&T and to notify Council of their response. DRAFT GREENWAY MASTER PLAN John McCarty outlined the history of the draft Greenway Master Plan. In 1998 the Town was awarded a Great Outdoors Colorado (GOCO) grant of$20,000, fifty percent of the original amount requested, to fund a comprehensive park, trails, open space and recreation master plan. Staff opted to postpone the project until 1999. Council then increased the budget amount to a total of $35,000, still below the original proposed amount. GOCO granted another extention to July 28, 2000. Staff then recruited the services of Otak/Rock Creek Studio to revise the scoped project to match the available financial resources which was approved by the GOCO Trust Fund board. Staff requested that Council review and comment on the plan, make revisions, and finalize the Snowmass Village Greenway Master Plan document. Manchester requested that the Planning Commission review the Plan and provide comments to Council. The Landscape Architect suggested that once there's an agreement on the final Master Plan, that it be adopted and Developers be required to use it as a reference for future development. ger I q3 ' 07-17-oows Page 5 Council requested that the language remain simple and understandable, the Plan be broad-based, keeping in mind the end result and identifying speck areas of immediate need and that projects requiring public funds be prioritized. Council also requested that the Landscape Architect and McCarty provide recommendations to Council before presenting them to the Planning Commission, provide the Planning Commission with as much information as possible as a basis for refinement and for writing recommendations. RESTRICTION OF TURF GRASS LAWNS Hatfield commented that the Water and Sanitation District (W&S) is considering another 2-day per week water restriction program and requested that the Town work together with W&S to restrict the size of resident's lawns. Mercatoris suggested that Council schedule a joint meeting with the W&S District to discuss this issue. After further discussion Council directed the Town Manager to schedule a joint meeting with W&S in November, to discuss this issue as well as W&S's involvement in a current lawsuit. BALLOT ISSUE DISCUSSION Suiter outlined a list of preliminary potential ballot questions and issues that are being considered for possible inclusion on the November 7, 2000 Pitkin County Election ballot. He requested a decision from Council whether or not they wish to coordinate the Town's Regular Election with Pitkin County. He explained the benefits of coordinating with the County as a cost savings to the Town, consolidation with the County would allow the County and Town RTA ballot questions to appear on one ballot rather than two, and it would provide less confusion for absentee voters to make application for a ballot at one location rather than applying for two ballots at two locations. Suiter explained that under the Uniform Election Code, candidates can begin circulating Nomination Petitions on August 8, 2000. The deadline for candidates to certify Nomination Petitions to the County Clerk is August 28, 2000. Under the Municipal Election Code, candidates can begin circulating Nomination Petitions on September 18 and the deadline to certify Nomination Petitions to the Town Clerk is October 6, 2000. Mayor Manchester stated that he would like to coordinate with the County due to the importance of the RTA as a County-wide issue. After further discussion, Council majority made the decision that the Town would conduct its own election rather than coordinate with Pitkin County in November due to the early candidate deadlines for local candidates under the Uniform Election Code. He explained that the Town should provide every opportunity to attract potential candidates for office and the additional time provided for under the Municipal Election Code would be a positive factor. The Town Clerk reminded Council that each year the Town coordinates the Tabor Notice mailing with Pitkin County. Mayor Manchester requested that a question be included on the o7-1 7-oow Page 6 November, 2000 Election ballot requesting voter approval to implement an excise tax on time-shares. Upper Mall Plavaround Equipment Mercatoris requested that staff move forward to obtain costs for repair or purchase of new playground equipment for the upper Mall. He suggested a cost-sharing with the Aspen Skiing Company (ASC), Snowmass Resort Association (SRA) and the Town the project. He also requested investigation of costs for a climbing wall for the same location. Council agreed that staff should proceed and provide Council with information. Nature Center In response to an inquiry from Costello, Council requested Work Session time be scheduled to discuss reclamation and plans for the conservation land in East Village where the Nature Center recently proposed construction of a Nature Center. RTA IGA Manchester requested that comments on the RTA Intergovernmental Agreement (IGA) be submitted in writing for inclusion in the next draft IGA. Comments will be mailed to Alice Hubbard of the RTA staff. He explained that formation of an RTA will be included on the November, 2000 ballot. He reported that there is an effort underway to form a campaign committee to promote approval of the RTA. Those who wish to get involved should contact Manchester for more information. Brush Creek Corridor Studv Manchester reported that representatives of the Brush Creek Corridor Study would like to receive County approval for the Study as part of the Pitkin County Comprehensive Plan in order for the Study to be used as part of the developmental review process. Owl Creek Trail Connection The Town Attorney provided an update on the Owl Creek Trail connection project. He explained that Mr. Guber needs to approve the proposed alignment. Guber has requested that the License Agreement include a clause that states Guber will be reimbursed for all attorney fees incurred. The Attorney has requested a cap on the amount of attorney's fees to be reimbursed and negotiations are continuing on this issue. ENTRYWAY/COMMUNITY POOL CONCEPTS Staff provided base maps and other visual aids to depict Entryway properties as well as the Community Park, Rodeo Grounds, templates of pools, a recreation center, parking, and sport fields. Staff recommended interactively working together with Council until the project is clearly defined. o7-U-OOws Page 7 Hatfield suggested a planning process with the Homeowner's Association to develop preliminary plans. Bob Gaudin, Planning Commission Member, suggested that the Rotary Club and local churches also be invited. Manchester directed the Town Attorney to review the land uses assigned to the properties involved, the rights of the Snowmass Land Company (SLC) and the Homeowner's Association and provide Council with the information at the next meeting. They also directed staff to invite the Horse Ranch Homeowner's Association to a Work Session to further discuss the project. The Work Session ended at 7:00 p.m. Submitted By: Donna J. Garcia, Secretary/Town Clerk SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION SUMMARY 08-07-2000 COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester; Kevin Costello; Douglas Mercatoris; Jack Hatfield; Mark Brady COUNCIL MEMBERS ABSENT: All members were present. STAFF PRESENT: Gary Suiter, Town Manager; Art Smythe, Chief of Police; Hunt Walker, Public Works Director; Craig Thompson, Community Development Director; Dave Peckler, Transportation Manager; Chris Conrad, Planning Director; Stephen Connor, Town Attorney; Rebecca Harlowe, Records Manager PUBLIC PRESENT: Madeleine Osberger, Joe Kracum, Don Monahan, Dale Will, Julie Sezymula, Bill Burwell, Mark Moebius, Deidre and Bill Boineau, Chris Kiley, John Francis, Jeffrey Server, Madeleine Osberger and other members of the public interested in today's Agenda items. The Work Session began at 2:12 p.m. BRUSH CREEK TRAIL UPDATE Dale Will of Pitkin County Open Space & Trails Committee, summarized changes, additions and improvements to trails. He explained that this was basically a follow-up to the June 14, 2000 Joint Meeting of the Open Space and Trails Board and the Board of County Commissioners concerning trails in and around Snowmass Village. He outlined possible future donations, a possible pedestrian bridge, attainments of trail easements around the Droste property, revised rights-of-way, proposed bike trail, and other recent and proposed land purchases. Council directed staff to schedule Work Session time on August 21, 2000 and invite the Town Attorney to discuss Ordinance Nos. 6 and 9 of 1994, Seven-Star property, the "triangle" and open space trail expansion options. MALL TRANSIT PLAZA DISCUSSION Joe Kracum of MK Centennial Engineering introduced Don Monohan of Walker Parking Consultants. Kracum explained proposed modifications to plan options currently under consideration. In the revision known as Plan Option 7a., the actual plaza and mall-level deck are consistent with earlier plans and include an elevator, walk-down ramp and stairs or escalators facilitating access between levels. Other proposed changes included leveling Parking Lot No. 4 and designating spaces in Parking Lot No. 5 for short-term parking, which represents a functional plan allowing for additional I y 41 40000 08-07-00ws Page 2 enhancements in the future. The estimated cost of Plan Option No. 7a., with minimized excavation and 241 parking spaces, is $12-13M while the cost of the more complex version No. 7b. with 335 net new spaces is $13-14M. Monohan offered a brief history of his firm and summarized the differences between Plan Options 7a. and 7b. as well as earlier plans. He referred specifically to landscaping potential, terraces, height, clearance, circulation and length of parking rows and ramps within the structure, with additional spaces on the ramps. Council and the Planners discussed potential problems concerning traffic flow, pedestrian activity, the cost of proposed design changes to ameliorate possible congestion and/or safety hazards and proposed funding sources. Members of the public in attendance recommended $13.5M as a spending cap. Council, staff and members of the public discussed the pros and cons of Plan Option No. 6 versus Option 7a. Hunt Walker commented that staff members shared concerns about pedestrian safety, congestion, vertical circulation and the apparent imbalance in parking distribution. Dave Peckler stated that Plan Option No. 6, with the parking structure in the lower parking lots, seemed a much more practical plan. He explained that it would be less expensive to satisfy A.D.A. requirements if the primary structure were constructed in the lower lots. Peckler noted that the plaza space could be a pleasant gathering area for families before entering or leaving the Mall. Although Manchester and Costello favored Plan Option No. 6, while Mercatoris supported Plan Option 7a., no final decision was made. Council directed staff to formalize both Plan Option Nos. 6 and 7a. for final presentation during the August 21 Work Session. SUMMER AMENITIES Mercatoris explained that Council, Snowmass Village Resort Association and Aspen Skiing Company have approved the purchase of new playground facilities near the Silvertree Hotel. He mentioned that Rob Baxter from Aspen Skiing Company is hoping to lay artificial turf on Fanny Hill for summer downhill recreation activities in Snowmass Village. He presented ideas for a climbing wall, trampoline, alpine slide or other amenities to enhance summer fun. Council expressed both interest and enthusiasm and will continue to discuss the possibilities. The Work Session ended at 4:47 p.m. Submitted by: Rebecca Harlowe Records Manager SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES AUGUST 7, 2000 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, August 7, 2000 at 4:50 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Doug Mercatoris, Jack Hatfield, Kevin Costello, Mark Brady COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: Gary Suiter, Town Manager; Joe Coffey, Housing Manager; Hunt Walker, Public Works Director; Craig Thompson, Community Development Director; Chris Conrad, Town Planner; Steve Connor, Town Attorney; Trudi Worline, Town Clerk PUBLIC PRESENT: Madeleine Osberger, Deidre Boineau, Victor Gerdin, Chris Kiley, Bill Kane and other members of the public interested in today's Agenda items. Item No. 2: PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda items. Item No. 3: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 18, SERIES OF 2000 AN ORDINANCE AMENDING THE SNOWMASS SKI AREA S.P.A. TO PERMIT THE CONSTRUCTION OF A CHILDREN'S RACE BUILDING AND SURFACE LIFT ADJACENT TO THE SCOOPER SKI TRAIL AND TO AMEND ORDINANCE NO. 3, SERIES OF 1996 REGARDING THE SNOWMAKING CONTROL BUILDING. Mayor Manchester opened the Public Hearing at 4:51 p.m. Chris Conrad, Town Planner, stated that all submittal and public notification requirements have been met according to the Snowmass Village Municipal Code for an application of this type. First Reading of this Ordinance was approved by Council on July 24, 2000. There being no further comments from the public, the Mayor closed the Public Hearing at 4:52 p.m. 08-07-00tc Page 2 Conrad stated that the three requests made by Council at the July 24, 2000 Council Meeting have been addressed in this Ordinance. He explained that he has received an e-mail from Richard Wall of the Snowmass Water and Sanitation District, stating approval for the Aspen Skiing Company (ASC) to operate temporary sanitary facilities through three winter seasons beginning with the 2000-2001 ski season. If this service is to continue beyond that time, it will be necessary for the applicant to construct permanent water and waste water facilities. Mercatoris made a motion to amend the Resolution to include the e- mail from Richard Wall of the Water& Sanitation District. Mayor Manchester seconded the motion. Conrad informed Council that John Male of the Snowmass Wildcat Fire Department, has informed Town staff that he has no objection to this application. The third issue has been addressed in this Ordinance by amending the square footage for the Snowmaking Control Building previously approved by Ordinance No. 3, Series of 1996 to be 6,000 square feet, and now allowing 7,669 sq. ft., as constructed. After further discussion, Mercatoris made a motion to include language which states that the Divide Homeowners are to appear before Council if they have any future objections to this operation, and that food service will be allowed during winter months only unless the applicant receives previous approval from Council. Hatfield seconded the addition to the motion. The motion to amend was approved by a vote of 4 in favor to 0 opposed. Council Member Brady was not at the Council table. After further discussion, a roll-call vote was taken and Second Reading of Ordinance No. 18, Series of 2000 was approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 4: FIRST READING — ORDINANCE NO. 19, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT ON ORDINANCE NO. 19, SERIES OF 2000, AN ORDINANCE AMENDING THE TAMARACK TOWNHOMES S.P.A. TO PERMIT AN ADDITION TO AND MODIFICATION OF THE OFFICE/LOCKER ROOM BUILDING ADJACENT TO THE POOL AREA. Mercatoris made a motion to approve First Reading of Ordinance No. 19, Series of 2000, seconded by Costello. The Town Planner explained the application and Council reviewed the plans submitted in the packet of information provided for this Meeting. Conrad stated that this application is not subject to housing mitigation. He further stated that the architect would be present for Second Reading of this Ordinance to answer questions. After further discussion, First Reading was approved by a vote of 5 in favor to 0 opposed. O �� 08-07-00tc Page 3 Item No. 5: FIRST READING — ORDINANCE NO. 22, SERIES OF 2000 AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE CONCERNING EMPLOYEE HOUSING RESALE PROCEDURES Joe Coffey, Housing Manager, explained the procedures proposed for resale of Snowmass Village employee housing. Mercatoris made a motion to approve First Reading of Ordinance No. 22, Series of 2000. The motion died for lack of a second. Joe Coffey, Housing Manager, outlined proposed changes to the guidelines and stated that he feels the Crossings employee housing should be subject to the Town's income and asset guidelines. Council discussed assets related to the Crossings, restrictions for inclusion of improvements for employee housing condominiums after 1991, percentage amount for allowable improvements for Crossings, employee housing exemption from Real Estate Transfer Tax and the regulations which would apply if an employee housing home is bequeathed. Hatfield requested that Town staff track their time and costs related to resale of an employee housing unit to provide a comparison for the $1,000 resale fee. The Town Attorney stated that it is not necessary that the tables remain in the body of the Ordinance. Council requested minor changes to the Ordinance. Hatfield requested future Work Session time be set aside to further discuss improvements made to employee housing units by condominium owners. After further discussion, Hatfield made a motion to approve First Reading of the Ordinance as amended. Costello seconded the motion. Mayor Manchester called the question and First Reading was approved by a vote of 5 in favor to 0 opposed. NOTE: Mayor Manchester stated that Agenda Item No. 7 would be heard at this time. Item No. 7: MANAGER'S REPORT Town Hall Meetings Council determined that the next Town Hall Meetings will be scheduled for noon on September 5, 2000 and 5:30 p.m. on September 6, 2000. The Town Hall Meetings will be held at the Snowmass Conference Center, Sinclair Room. Joint Council/BOCC Meeting The Town Manager stated that Pitkin County Commissioners have requested a Joint Meeting with Council on August 14, 2000 from noon until 2:00 p.m., to discuss affordable housing and a potential November ballot question. Council agreed to the Joint Meeting. 08-07-00tc Page 4 Pitkin County Housing Ballot Question The Community Development Director stated that he attended a meeting with Pitkin County representatives regarding a potential November 7, 2000 County Election ballot question proposed to obtain money for construction of affordable housing. He explained that the options discussed were a property tax increase and/or development of a Use Tax. The group also discussed the Excise Tax approved by Snowmass Village voters in 1998 for funding employee housing construction. AT&T Wireless The Town Manager reported that the Town has negotiated a $20,000 one-time payment from AT&T Wireless for their new facility located on Town property in Lot 13. Council agreed that the money should be used for researching and drafting a Communications Master Plan for the Town. C.A.S.T. Meeting Three Council Members tentatively agreed to attend the upcoming Colorado Association of Ski Towns Meeting (CAST) on October 26 and 27, 2000. The CAST Meeting will be held in Park City, Utah. Guber Trail The Town Attorney reported that Mr. Guber has signed a License Agreement for use of his property for a trail connection. Council authorized a one-time License Fee of$2,000 to be paid to Guber. Item No. 6: PUBLIC HEARING— REGIONAL TRANSPORTATION AUTHORITY (RTA) INTERGOVERNMENTAL AGREEMENT (IGA) Mayor Manchester opened the Public Hearing at 6:04 p.m. There being no comments from the public, the Public Hearing was continued to the Regular Town Council Meeting scheduled for August 21, 2000 at 4:00 p.m. He stated that for the purposes of drafting the IGA, the Attorneys are scheduled to meet on August 8, 2000 and the Policy Committee will meet on August 9, 2000. Mercatoris requested comments from Council Members. He stated that he felt the IGA contains an inequity for the Town. He explained that within the IGA, if the Pitkin County "bed tax" is not approved by the voters at the November 7, 2000 Election, Aspen will be guaranteed service for ten years, but the Town will not have this guarantee even though the Town's percentage of funding for the RTA would be equal to that of Aspen. Although Aspen would stand to receive funding for their local service, the Town will not. Mercatoris continued to explain that if the tax is not approved by the Pitkin County voters, the Town will be / 0000 08-07-00tc Page 5 paying the highest percentage toward this endeavor and receiving less of a benefit than any other jurisdiction in the Roaring Fork Valley. After further discussion, Council requested that Mercatoris and Manchester, as Council's representatives to the Policy Committee, propose a more equitable scenario and request that if the Pitkin County tax is not approved, that the guarantee of service for Aspen be reduced to five years. Item No. 8: APPROVE COUNCIL MEETING MINUTES OF 07-24-2000 Mercatoris made a motion to approve the Meeting Minutes of July 24, 2000, seconded by Costello. Mercatoris requested three changes to the Minutes. There being no further discussion, the Minutes were approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 9: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/STATUS REPORT Community Pool Costello requested that a consultant be hired in an effort to obtain a construction design and costs to build a community swimming pool, in order to include an election question on the November 7, 2000 Regular Election for an increase in property taxes to build a pool. Council majority agreed and directed staff to move forward. Zia Line Mercatoris requested that a letter be sent to the United States Forest Service (USFS) regarding Council's support of a request to the USFS from ASC to install a Zip Line summer amenity on the Mountain. The Town Manager stated that staff would be contacting Doug Mackenzie of the ASC to obtain details on the Zip Line proposal. Item No. 10: CALENDARS GrassRoots Meeting Costello stated that as a Council representative, he would be attending a GrassRoots Board Meeting on August 9, 2000. Intermountain R Manchester stated that an Intermountain Regional Planning Commission Meeting will be held on August 11, 2000 from 10:00 a.m. until 2:00 p.m. A staff member will attend. r 53 '` 08-07-00tc Page 8 Primary Election Dav Manchester reminded the public that Tuesday, August 8, 2000 is Primary Election Day. He stated that the polls will be open at the Snowmass Community Center for Snowmass Village voters from 7:00 a.m. until 7:00 p.m. and urged the citizens to vote. Dial-A-Ride Manchester requested a Council Work Session time be set to discuss improving the Dial-A-Ride service. ASC Advisory Committee Meeting Manchester reported that he recently attended an ASC Advisory Committee Meeting. The group received a list of 2000-2001 winter season events planned by ASC. He outlined the planned events. Nature Center Proposal Costello reported that he has continued to meet with representatives of the proposed Nature Center in search of an appropriate location to build the structure. Two possible sites have been identified, one location is near the Cemetery and the other location at Lot 43 at the Divide. The group plans to discuss the issue with Council in the near future. O'Neil Letter Manchester stated that he received a letter from Donna O'Neil dated August 1, 2000 regarding her concern about a parking issue. Council requested that staff try to solve the issue. Noxious Weeds/Hidden Valley Mercatoris requested that staff investigate and address a noxious weed problem in Hidden Valley. Excise Tax Manchester stated that a report from staff identifies that $.5M in Excise Tax has been received by the Town to date and an additional $AM has been identified to be received in the near future. Parcel "N" Funding The Town Manager reported that the Finance Officer has been working with the Town's Financial Associates to determine the most appropriate avenues for funding employee housing construction on Parcel "N". Mall Recycle Bin Manchester referred to a letter he received from John Cochran, which states Cochran's concern regarding a request he made to the Town to locate a paper 1 0i 08-07-00tc Page 7 recycling container at the Mall. Manchester will provide the letter to staff and requested that the issue be addressed. Parcel "M" Hatfield requested an update on a non-conforming structure located on Parcel "M". The Town Manager informed Hatfield that staff is addressing this issue and an update will be provided by the Planning Department. Mall Playground Equipment Mercatoris reported that the replacement playground equipment has been ordered. The Snowmass Village Resort Association (SVRA) and the ASC have been contacted. A letter has been requested from the Silvertree owners, stating that they agree to maintain the equipment. Oakridge Road In response to an inquiry from Hatfield, the Public Works Director explained that it would set a precedent to expand the platform of Oakridge Road. Housing Dept. Secretary In response to an inquiry from Hatfield, the Town Manager reported that the Housing Department secretary has recently taken a position in the Finance Department. The Housing Department is advertising to fill the vacancy. Phase 11, Stream Restoration In response to an inquiry from Hatfield, the Town Manager explained that the Landscape Architect is planning and implementing Phase II of the Stream Restoration Project. He explained that a budget has been approved and staff is proceeding with the Phase II Project. Water & San IGA The Town Attorney stated that an IGA has been drafted between the Town and the Snowmass Water and Sanitation District regarding fees charged by both entities. The IGA will come before the Town after it is approved by the Water and Sanitation District Board. Community Park Tent Costello stated his appreciation to staff for the Community Park tent. EOTC Meeting Mayor Manchester reported that the Elected Officials Transportation Committee Meeting may be rescheduled for August 10, 2000 at 3:00 p.m. Council will be advised of any changes. rr/ 08-07-00tc Page 8 Item No. 11: EXECUTIVE SESSION WOODRUN V DUMPSTER LAND NEGOTIATIONS - Colorado Revised Statutes 24-6402 (3) (a) - Snowmass Village Municipal Code Chapter 2, Article III, Section 2-45, Executive Sessions. At 6:54 p.m. Merctoris made a motion to convene to Executive Session to discuss land land negotiations regarding the Woodrun V Dumpster. Costello seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Council Member Brady left the Meeting at 6:58 p.m. At 7:12 p.m. Hatfield made a motion to reconvene the Regular Meeting, seconded by Mercatoris. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Brady was absent. Item No. 12: ADJOURNMENT There being no further business, Hatfield made a motion to adjourn the Meeting, seconded by Mercatoris. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Brady was absent. The Meeting adjourned at 7:12 p.m. Submitted By, Trudi Worline, Town Clerk b ' CIS SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES AUGUST 21, 2000 Mayor Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, August 21, 2000 at 5:45 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Jack Hatfield, Kevin Costello COUNCIL MEMBERS ABSENT: Council Member Brady was absent. STAFF PRESENT: Gary Suiter, Town Manager; Steve Connor, Town Attorney; Hunt Walker, Public Works Director; Craig Thompson, Community Development Director; Joe Coffey, Housing Manager; Chris Conrad, Town Planner; Trudi Worline, Town Clerk PUBLIC PRESENT: Joe Wells, Bill Kane, Don Schuster, Paul Broome, Terry Hunt, Bob Purvis, David Bellack, Mary Beth Bassett, John Dresser, Bob Gaudin, John Male, David Billings, Nancy Billings, Scott Arthur, Shelly Snyder, Johnny Boyd, Madeleine Osberger, Rocky Huber, Anna Huber, Scott Smith, Alan Richman, Rhonda Coxon, Johnny Boyd, Dan Blankenship, Paul Taddune, Carolyn Sackariason, Alice Hubbard and other members of the public interested in the Agenda items for this Meeting. NOTE: Mayor Manchester stated that Agenda Item No. 10 would be heard at this time. Item No. 2: PUBLIC NON-AGENDA ITEMS Bob Purvis stated his appreciation to Council for allowing the use of the Community Park for organized Soccer. The first Soccer game is scheduled for August 25, 2000. Item No. 10: DISCUSSION/ACTION — SEVEN-STAR RANCH FINAL PUD EXTENSION The Town Manager referred to a letter from Joe Wells of Seven Star Ranch. The letter requests an extension of time for Final Review of the Seven Star PUD application. Mercatoris requested that the applicant pursue the issues as discussed during the Work Session held prior to this Meeting. Wells outlined the current Agreement with the Owl Creek Homeowners regarding access to Seven Star. He explained that if Seven Star is successful finalizing the Agreement with the Owl Creek Homeowner's Association, Agreements must then be finalized with the landowners of Lots 9 and 10 of the Seven 0s-21-00tc Page 2 Star proposal. Seven Star has an Agreement with Pitkin County that states Seven Star will make every effort to identify an access other than the access from Brush Creek Road, which is the access preferred by the Town. Seven Star representatives will continue to negotiate with the Owl Creek Homeowners in order to bring a final easement agreement to Council. After further discussion, Mercatoris made a motion to approve an extension to Seven Star Ranch until November 20, 2000. Council advised the applicant of their interest to begin negotiations with the landowner regarding necessary easements pertinent to development of the Entryway. Costello seconded the motion to approve the request for an extension. The Town Attorney stated that the Seven Star Ranch PUD is the only application being reviewed under the old Land Use Code. After further discussion, the motion to approve the extension of time was approved by a vote of 4 in favor to 0 opposed. Council Member Brady was absent. Item No. 3: PUBLIC HEARING AND ACTION — ORDINANCE NO. 19, SERIES OF 2000 TO RECEIVE PUBLIC COMMENT ON AN ORDINANCE AMENDING THE TAMARACK TOWNHOMES S.P.A. TO PERMIT AN ADDITION TO AND MODIFICATION OF THE OFFICE/LOCKER ROOM BUILDING ADJACENT TO THE POOL AREA. (To be continued to the September 5, 2000 Regular Town Council Meeting.) Mayor Manchester opened the Public Hearing at 5:55 p.m. The Town Planner explained that this matter had been handled administratively, therefore Ordinance No. 19 has become null and void. Receiving no comments from the public, Manchester closed the Public Hearing at 5:56 p.m. Item No. 4: DISCUSSION CONFERENCE CENTER SKETCH PRIORITIZATION Mayor Manchester explained that although this item was discussed during the last Town Council Meeting, it had not been finalized due to insufficient information at that time. Terry Hunt, representing the Snowmass Village Resort Association (SVRA), explained that recent change in management at SVRA has caused delays in the loan application process. He suggested a public/private partnership with the Town similar in manner to the partnership with the Town whereby the existing Conference Center was constructed. Council determined that construction of the Conference Center does meet the requirements for intent of Public Purpose. Terry Hunt stated that SVRA will hold a Public Hearing on construction of the new Conference Center on October 29, 2000 at 10:00 a.m. in the Kearns Room at the Conference Center. After further discussion, Council determined that due to the delays encountered by SVRA, the Conference Center Sketch Plan Review will proceed second to the Snowmass Club Phase 11 Sketch Plan Review. Item No. 5: PUBLIC HEARING AND DISCUSSION — RESOLUTION NO. 25, SERIES HAVE 2000 TO RECEIVE PUBLIC COMMENT REGARDING A RESOLUTION CONCERNING THE PARCEL "N" AFFORDABLE HOUSING PRELIMINARY PLAN SUBMISSION INCLUDING SUBDIVISION 'oe 150 45 08-z1-00tc Page 3 INCLUDING SUBDIVISION PLAT AND REZONING FROM SPA-1 TO MF MULTI-FAMILY (cont'd from 08-14-00) Mayor Manchester opened the Public Hearing at 6:06 p.m. John Meckling of CTL Thompson & Associates, distributed reports and provided his recommendation related to ground water, stabilization of the slope and excavation stability on the site. In response to an inquiry from Hatfield, he stated that if the buildings were to be moved uphill, it would create further instability of the hillside. He recommended that the buildings be constructed lower down on the site, as currently proposed, whereby the structures and infill would act as an anchor for the slope. He outlined his recommendation for addressing the groundwater, slope stabilization and excavation stabilization. John Dresser, attorney for the Ridge Homeowners, stated his opposition to construction on 30-percent slopes, and requested that the applicant investigate alternatives. Jack Hatfield addressed a 19-foot cut proposed to create an elevation for convenient access to parking. Scott Smith, of Reno Smith Architects, explained why the cut was necessary. In response to an inquiry from Mercatoris, Meckling provided his preliminary opinion that the 30-percent slopes, where construction is planned for two of the proposed buildings, are not natural 30-percent slopes, but were created during construction of surrounding neighborhoods. Installation of the ground water interceptor and construction of the proposed buildings lower down on the hill, would increase the stability of the hill. In response to an inquiry from Manchester, Meckling stated that adding more fill dirt at the bottom of the project, above the pedestrian trail, would increase the hillside stability. David Billings asked which buildings were proposed for construction on a 30-percent slope. Joe Coffey explained that a portion of two of the buildings is proposed to extend onto 30-percent slopes. The Town Attorney asked if any retention, ground water drainage or hillside retention construction would encroach onto neighboring property. Meckling stated that encroachment onto neighboring property might be necessary, but only until the building foundations are constructed. He further stated that the Design Team would determine the answer. In response to an inquiry from Manchester, Meckling stated that the development would increase the hillside stability and did not feel it would create any detrimental effect on the Ridge Condominium site. Dresser pointed out that Meckling's findings and response applies only to construction plans that include proposed building construction on the 30-percent slopes. Meckling stated that he had not reviewed any alternative construction plans that did not include some portion of construction on 30-percent slopes. Dresser asked if there was a means to avoid construction on 30-percent slopes. Meckling's response was that the question was not related to his field of expertise. Scott Smith explained that the alternative would be to place the development further up on the hillside, which would increase the instability of the hillside. Dresser stated that an alternative would be to construct a lesser amount of units within the development. He also stated that the Municipal Code reads against development on 30-percent slopes. In response to a question from David .' 1 $ q '000" 08-21-00tc Page 4 Billings, Coffey explained that a portion of Building No. 3 would be constructed on 30- percent slopes. In response to an inquiry from the Town Attorney, Meckling stated that the hillside is prone to instability as is any hillside, especially in the Spring with increased groundwater levels. After the proposed water drainage is installed and the buildings are constructed at the toe of the hill, the hillside will be substantially more stable than before. Nancy Billings inquired about the effect of unseasonably heavy rain and snow on the stability of the hillside. Meckling stated that snowmelt, not rain, determines ground water conditions. In response to an inquiry from Dresser and the Town Attorney, Meckling explained that the hillside, as it currently exists, is potentially unstable. He explained that if a large cut were to be made to the hillside, it could cause movement above, although if no cuts were made, the hillside would probably remain as it is presently. He stated that all slopes in the mountains tend to creep. The Town Attorney stated that the intent of the Code is that after construction, stability would at least be restored to its current condition. Meckling stated that the intent is to follow the Code, which he is proposing to do. Dresser reported that a professional hired by the Ridge Homeowners will be reviewing Meckling's findings. Meckling agreed to provide the Ridge with information and background related to his findings and reports. Meckling requested a two-week response time for any information requested of him by the Ridge Homeowners. Manchester summarized that the most desirable time to construct on this property would be during the Fall season when groundwater levels are low. He stated that with the need for employee housing within the community, Council would like to see construction begin as soon as possible, which would require the cooperation of all concerned parties. He reiterated that the Town is agreeable to provide the public with information and requested cooperation from the public and all involved in this project. Based on the assumption that all necessary issues will be resolved, Council's intent is for construction to begin this coming Fall. Bob Gaudin explained the reasons he feels this construction project could be built on the 30-percent slopes, which included that the stability of the area would be improved with proposed mitigation, weight would not be added to the top of the slope and drainage for ground water would be provided for. He further explained that relocation of the project to a less than 30-percent slope would add weight to the top of the slope and increase the instability of the area and would increase the absolute height of the project as well as eliminate four units. He referred to negative a inference made by the Ridge Homeowners regarding the type of people who would be purchasing the units and stated that with current land values, to move the development to another site would cost millions of dollars. He suggested the Land Use Code be changed regarding construction on 30-percent slopes and urged Council to approve this development. David Billings stated that the Ridge Homeowners had not made reference to the type of person that would be living in the employee housing units, although comments had been made as to what the Ridge Homeowners felt would be undesirable inhabitants for this project. Billings requested a retraction of the implication to this effect made by Gaudin. Mercatoris explained that all statements are accepted in a Public Hearing. The • 16 0 08-21-00tc Page 5 Town Attorney stated that Gaudin had spoken as an individual citizen and not as a Planning Commission Member. Gaudin clarified his position by stating that he was speaking as an individual. In response to a question by Shelly Snyder, Council explained that it would be necessary to eliminate 6 of the planned units in order to avoid construction on 30-percent slopes. Snyder also asked whether or not it would be unreasonable for Council to issue a separate legal opinion stating the basis for their vote and for avoiding the Code relating to 30-percent slopes, if Council chooses to construct all of the units as proposed. Mercatoris explained that if the project were approved with the construction on 30-percent slopes, the Resolution approving this development would include Council's legal statements substantiating the approval according to the Code. The Town Attorney stated that approval of construction on 30- percent slopes would be included in the Final Review approval Ordinance and would include findings established to substantiate Council's action. If Council agrees that economics is not the basis for a decision, Snyder requested that the basis for that decision be made clear. Manchester clarified the language of the Land Use Code as it refers to decisions based on proper use of Taxpayer's money. Richman explained that one basis for construction on 30-percent slopes, was the presence of man-made slopes. He stated that he would investigate this matter further. Nancy Billings asked if the Town budget allowed for repairing damage to the Ridge stability if damage were to occur due to the proposed development. The Town Attorney stated that he was not aware of any allowance in the Town budget for repair of outside damage. Manchester stated that the Town does have insurance. He explained that Meckling had inferred that any risk involved would be only during construction, not after completion of construction and the Town would consider a bonding agreement for areas that might incur damage during construction. Nancy Billings stated that settling would continue to occur on the new development parcel for the first year and felt that this should be taken into consideration. She further stated that if prospective purchasers do not need three bedrooms, they should not be allowed to purchase a 3-bedroom unit. Costello explained future planning and extenuating circumstances that are taken into consideration for purchasers of three-bedroom units. Shelly Snyder asked Meckling why slope failure occurred at the Ridge years after completion of construction, if the Ridge indeed has slope failure and if drainage was installed during the Ridge construction. Meckling replied that he did not have that information. Meckling explained that the documents he presented today were not in final form and were provided only to aid in the current presentation. Mary Beth Bassett stated that three-bedroom units should be reserved for families only and explained that although the price of employee housing is low compared to local real estate values, resale amounts are capped. Bassett stated that employees who purchase homes are more committed to the Town than those who rent and that employees want to have the ability to own a home. Hatfield stated that everyone is a part of this process and negative criticisms and exclusions are not appropriate. He clarified that Gaudin is a Planning Commissioner, but Gaudin had not been speaking for the Planning Commission. He also stated that he was opposed to changing the Land Use Code for the convenience of development. Hatfield quoted the Code as it relates to construction on 30-percent . r4r -- 08-2t-00tc Page 6 slopes and requested that all citizens join together to assist in creating a good development. Johnny Boyd requested that Council consider increasing the density of the proposed development to include more one and two-bedroom sale units. Hatfield and Costello explained the theory for construction of 3-bedroom units. Scott Arthur stated his support for this development and the opportunity for professionals within the Village to purchase a home. Mercatoris stated that the plan for construction at this time is for ten 3-bedroom and seven 2-bedroom units. Dresser requested that Council identify the reasons why the development is unable to avoid construction on 30-percent slopes. David Billings stated that the Ridge Homeowners concern is development on 30-percent slopes, that the Homeowners have nothing against employees residing in the units, and understand the need for employee housing. Mercatoris stated that Council is very concerned with constructing the maximum number of employee housing units on the site without interfering inordinately on the surrounding neighbors, Council has decreased the number of units originally proposed for the area, and the only way to avoid construction on the 30-percent slopes would be to move the development further uphill which would be more undesirable for the neighborhood. The Town Attorney explained the requirements of Council at Preliminary Review and those of Final Review. Scott Smith presented a site plan and explained exterior materials and colors proposed for the structures and stated that exterior material samples would be provided in the near future. Nancy Billings questioned the location of the 2-story buildings. Joe Coffey explained the location as viewed from the Ridge. In response to an inquiry from Snyder, Scott Smith explained that the nearest building will be located approximately 115 feet from the Ridge development. Coffey stated that it is the desire of the developers to construct a high-quality, visually acceptable development. In response to an inquiry from Nancy Billings, Mercatoris stated that the trees currently located between the trail and the road would remain standing. Hatfield explained additional landscaping planned for the site and informed the public that their comments would be welcome. Mayor Manchester stated that this Public Hearing would be continued to the September 5, 2000 Council Meeting, scheduled to begin at 4:00 p.m. The Town Planner explained the Planning Commission recommendations. He stated that he would meet with Dresser to determine locations for monitors to track current as well as any changing conditions on their property that might occur during construction. Manchester requested that information regarding, architectural materials, site plan issues, retaining walls, landscaping, colors and textures of exterior materials be provided at the next meeting. David Billings offered to take issues or information to the next Ridge Homeowners Meeting, which is scheduled for September 8, 2000. Nancy Billings requested a plan outlining the Town's financial responsibility to the Ridge at the next meeting. The Town Attorney explained that any claim against the Town would be under Negligence Law. The Town Planner and Mayor reported that this issue would be addressed in the near future. Item No. 6: PUBLIC HEARING — REGIONAL TRANSPORTATION AUTHORITY (RTA) PROPOSED INTERGOVERNMENTAL AGREEMENT (IGA) (Scheduled to start at 6:OOpm) 08-21-00tc Page 7 Manchester opened the Public Hearing at 7:58 p.m. He stated that this Public Hearing is being continued from the August 7, 2000 Regular Town Council Meeting . Alice Hubbard, of the RTA, provided copies of the revised IGA. She also provided an overview of the proposal and reviewed recent changes to the document. She explained a request made by the Town of Carbondale, to continue RFTA service stops at various locations within the Town. Manchester stated that the request would be a decision of the RTA Board. Mercatoris proposed a shuttle bus (feeder bus service) that Carbondale could use to pick up riders and take them to a Roaring Fork Transportation Authority (RFTA) bus stop near Highway 82. Manchester stated that he believes some type of service should be provided on Highway 133. He explained that final decisions will be made at the August 24th RTA Policy Committee Meeting. Council discussed the meaning of"trunk line service". An RTA representative explained that each individual entity would be responsible for funding a feeder-collector service within their jurisdiction. Dan Blankenship of RFTA, distributed copies of a letter written by Tom Oken, which explained a necessary condition in order to preserve Pitkin County's bonding capacity for transit improvements and requested that this language be included in the IGA. Blankenship read the letter and explained the subordination to reserve additional bonding capacity. The Town Attorney stated that the condition would be a credit enhancement issue and further explained the subordination. Mayor Manchester added that Council's intent is to approve the IGA by Resolution at the September 5, 2000 Regular Town Council Meeting. He requested that Hubbard advise Council if she felt there were items on the list of changes made to the IGA that needed to be discussed before the upcoming Policy Committee Meeting. Blankenship suggested Council review the ballot language proposed by Pitkin County and Aspen which will be included on the Pitkin County ballot. The Pitkin County ballot will be voted on by electors from Snowmass Village as well as Aspen and Pitkin County. Hubbard explained that the IGA will be finalized and no additional changes will be allowed after August 24, 2000. Mayor Manchester stated that the deadline to certify the ballot to the County Clerk is September 15, 2000. Manchester and Mercatoris stated that future amendments to the IGA would only be allowed after the November Election. Manchester, Mercatoris and Blankenship discussed the process by which the IGA could be amended in the future. Hubbard reported that a survey conducted and completed in March, 2000 revealed 64-percent support for creating an RTA. She explained the reasoning for the survey and how the ballot question would be presented to the electors. Mercatoris stated his appreciation to Hubbard for her endeavors and for her assistance in bringing all Valley entities together in agreement for the effort of forming the RTA and IGA. Council discussed RTA Board voting privileges and percentage of votes necessary when determining budget issues. Mayor Manchester closed the Public Hearing at 8:19 p.m. Item No. 7: FIRST READING — ORDINANCE NO. 23, SERIES OF 2000 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF ARTICLE VII, OF THE MUNICIPAL CODE IN ORDER TO MODIFY THE COMPOSITION AND DUTIES OF THE ARTS ADVISORY BOARD. 08-21-0otc Page 8 Mercatoris made a motion to approve First Reading of Ordinance No. 23, Series of 2000, seconded by Hatfield. Hatfield questioned deletion of the Town Council Ex- Officio Member from the Arts Advisory Board. After further discussion, First Reading was approved by a vote of 4 in favor to 0 opposed. Council Member Brady was absent. Item No. 8: DISCUSSION/ACTION-RESOLUTION NO. 29, SERIES OF 2000 A RESOLUTION APPROVING A SUBDIVISION EXEMPTION FOR LOT 1, RIDGE RUN UNIT I, PERMITTING THE CONDOMINIUMIZATION OF THE EXISTING DUPLEX AND MANAGER'S QUARTERS. Mercatoris made a motion to approve Resolution No. 29, Series of 2000, seconded by Hatfield. The Town Attorney and the Town Planner explained that this applicaation should be considered as a pre-existing, non-conforming unit, which is within a zoning district that only permits Single Family Detached or Two-Family Dwellings. Accessory employee units and manager's units have never been permitted other than where a single family residence has been located on the lot. The creation of three separate units would conflict with the underlying zoning. Mercatoris expressed that this request should be accommodated and in the future, should only be sold to qualified Snowmass Village employees according to the Town's employee housing guidelines. The Town Attorney provided his opinion of setting precedent and recommended that the Code be changed if Council agreed that this would be desirable. Paul Taddune, attorney for the applicant, stated that this is a unique situation and explained his position. After further discussion, Mercatoris made a motion to table this Resolution to the September 5, 2000 Regular Town Council Meeting. After discussing the Agenda for September 5, Council determined that this Resolution should be tabled to the September 11, 2000 Special Town Council Meeting, in order to allow staff the time to establish an avenue which would allow approval of this application. Hatfield seconded the motion. The motion was approved by a vote of 4 to 0. Council Member Brady was absent. In response to an inquiry from Taddune, the Public Works Director explained that it is Krabloonik's responsibility to put bear-proof the dumpster used for the restaurant. Item No. 9: RESOLUTION NO. 30, SERIES OF 2000 A RESOLUTION APPROVING 2000 SUPPLEMENTAL BUDGET EXPENSE ITEMS FROM THE PITKIN COUNTY '/z CENT SALES & USE TAX FUND. Mercatoris made a motion to approve Resolution No. 30, Series of 2000, seconded by Manchester. Manchester explained that this issue had been discussed at the June 6, 2000 Elected Officials Transportation Committee Meeting (EOTC)for the purpose of funding completion of the RTA IGA. After further discussion, the Resolution was approved by a vote of 4 in favor to 0 opposed. Council Member Brady was absent. Item No. 11: DISCUSSION - RECLAMATION OF PARCEL F. LOT 3. EAST VILLAGE P.U.D. / � � / 08-2t-00tc Page 9 Council determined that this Item would be moved to the September 18, 2000 Regular Town Council Meeting Agenda. NOTE: The following item was introduced by the Town Attorney and was not previously included on the Agenda for this Meeting. Item No. 11a: RESOLUTION NO. 32. SERIES OF 2000 A RESOLUTION SETTING A HEARING FOR THE CREATION OF A BUSINESS IMPROVEMENT DISTRICT FOR THE SNOWMASS VILLAGE MALL BUSINESS IMPROVEMENT DISTRICT. The Town Attorney introduced Resolution No. 32, Series of 2000. He explained that this Resolution authorizes the Town Clerk to set the date for a Public Hearing, not to be less than 20 and not more than 40 days after receiving a Petition to form a District under the provisions of the Business Improvement District Act. It is required that a cash deposit or security be paid to the Town by the Petitioners at or prior to the date of the Public Hearing. The deposit is to cover costs incurred for processing the Petition. The Resolution also directs the Town Manager to perform other acts necessary to carry out the intention of the Resolution. The Town Attorney stated that he believes the Petition is forthcoming in the very near future, therefore in an attempt to meet time constraints and requirements for compliance with the Tabor Amendment, and for creation of the District, acceptance of the Petition by Council would need to occur on September 13, 2000. Hatfield made a motion to approve Resolution No. 32, Series of 2000, seconded by Mercatoris. The Town Attorney stated that a form of the Public Hearing Notice generally describing the District, was attached to the Resolution. The property description includes the Snowmass Village Mall, Parking Lots No. 3 through 10 and adjacent land, and the portion of Silvertree property formerly known as the Cowboys Restaurant. The District description does not include Cafe Rolf, the Village Steakhouse or the Brothers' Grille. He further explained that the Petitioners will need to provide a Financial Plan prior to the scheduled September 13, 2000 Public Hearing on this issue, assuming the Petition is received by the Town Clerk no later than August 22, 2000. There being no further discussion, the motion was approved by a vote of 4 in favor to 0 opposed. Council Member Brady was absent. Council requested copies of the Resolution and all information related to this issue. Item No. 12: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/STATUS REPORT CAST Meetina Mayor Manchester requested that Council Members inform him if they wish to attend the Colorado Association of Ski Towns (CAST) Meeting in Park City, Utah. Gravel Clean-Up Mercatoris requested that the previously discussed gravel behind Creekside be disposed of as soon as possible. 08-21-00tc Page 10 Financial Update Mercatoris requested a Town financial update regarding Sales Tax received by the Town to date for 2000. He also requested an update on the state of the Town's revenues and expenditures. 5-Mayor's Meetina Mayor Manchester requested the Town Manager's assistance organizing a 5-Mayor's Meeting to be scheduled the first week of September, 2000. Krabloonik Parkina Lot Council requested that the Town Attorney send a reply letter to Krabloonik stating that the Town anticipates Krabloonik will continue to have use of the Town's parking lot adjacent to their business operation, in the same manner as is allowed for other businesses in Snowmass Village who use Town parking lots adjacent to their businesses. Council majority stated that they were not willing to allow Krabloonik to encumber the title to the property with the easement. Council Member Costello left the Meeting at 8:50 p.m. Advisory Question Hatfield reported that a citizen had asked if Council would be willing to place the final Mall Transit Plaza solution, as is finally chosen by Council, on the ballot as an advisory question. Council explained their reasons why they would not be willing to do so. Item No. 13: CALENDARS Special Meetina/BID Assuming that the BID Petition is submitted to the Town and a Public Hearing is set, Council requested that a Special Meeting be set for Wednesday, September 13, 2000 at 4:00 p.m. The Agenda will include a Public Hearing for Statutory compliance on the BID Petition, submission and review of a Financial Plan, creation of the District by Council and as Ex-Officio Board of Directors of the District created, Council would certify the debt question. Item No. 14: ADJOURNMENT There being no further business, Hatfield made a motion to adjourn the Meeting. Mayor Manchester seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. The Meeting adjourned at 9:00 p.m. Council Members Brady and Costello were absent. Submitted By, Trudi Worline, Town Clerk r e� Please Turn in Your Status Report Updates to Donna J. Garcia by Status Report Sept. 27, 2000 at 5 P.M. Bullets in Italics have been previously listed State of the Town September 18, 2000 Town Council / Town Manager Mall Transit Plaza 0- MK pojboti foerigiealt ednla llaameedrtg Gary Suiter, Town Manager 186. ■ Worlang on district tbtnation ordinance fordwomm& ■ Staff researching aw►*w wdue olparking sp"leaser. Entryway Planning Project ■ Continuing pool dialogue with Horse Ranch HOA. Gary Suiter, Town Manager ■ Pool design continues. ■ Developing site plan and rendering. Town Manager's Office Activities • Pmcadft w&odw appraisal: Gary Suiter f Woridrng with new as:Wmt. Town Attorne Activity/Staff Manager Status Town Attorney General Activities • Finishing Guber trail license Steve Connor, Town Attorney ■ Finishing revisions to the Snawmass Club L ■ Finishing Timbers project documents. ■ Assisting on Droste reclamation project. ■ Assisting with Parcel N pro ject documents. Public Works • Manager Wood Run Dumpster ■ No new information to report. Hunt Walker Lemond Place ■ No new information to report. Hunt Walker Housing Activit Manager Housing Department Activities ■ Scott Messersmith won the Creekside H-34 one bedroom Joe Coffey condominium. ■ The Housing Departmem is now fully staffed ■ Aspen Earth Moving has almost completed the Mountain View retaining wail repairs. ■ Hayes Brothers Panning will repaint the exterior of the Little Red Schoolhouse. Parcel N. Employee Housing ■ Weekly construction meetings are held each Thursday at 1:30 1 0#00161 #0� Joe Coffey p.m. in the Housing Office. ■ Joe met with Sage Construction to discuss the Ridge Condominium inspection program. Finance Act ivitv/Staff Manager Status Finance and Personnel Activities a Firs t►BDrpSPpY.�E�iiei8cetientPhn Marianne Rakowski 0 Agp01 '> - Worki�own.�enMa�, - at sReKeM!u+((�Ba�IAF,Jrawc++adp�nopesds .,, , s^ DavdophRba�entbrPimtd�tA>IMiaory ■ Reriewal 9 Pool begot fhreci$ Web Page Enhancement ■ Biking and hiking trails are complete. Nick Tucker ■ Snowmass Village business directory is complete. • Adding low-res version of Trails Map. • Adding "hot"button with info on bears or other "hot"topics. • Added current weather link. • Updated job opportunities. Town Clerk Manager Town Clerk's Office Activities ■ Revising central JUe system Trudi Worline ■ Due to minimal response to Call-to-Artists AAB has decided to rollover existing public art budget until next year for s larger public at piece. ■ Preparingfor November Election. • Rhonda Conan will replace Jennifer Worth as Deputy Town Clerk Start date of Sept. 6. • updating Town Clrt section of Town Web Page. • Preparbgfor Mmricod Co"wk updates. • Sanding letters to real estate purchasers whom failed to file a RETf application in 1999. ■ Preparing mailing of Business/Wes tax license renewals. ■ Initiative petition received for BID formation process related to Clerk. Police Activitv/Staff Manager Status Police Department Activities ■ Mary Medina has been hired as our new Municipal Court Art Smythe, Police Chief Clerk ■ Police Dept provided even management support for the Labor Day Music Festival. • School has begun! Were following school buses every morning to provide safe loading for the children. • Our two newest officers Brian Madden and Paul"Huf Hufnagle are half way through their field-training 1rot7rarn: with one month left. Both are on schedule and doing greet. • Construction site management is underway in preparation for 2 *0010 8 thawintea season. On site pairing and trash(Wildlife Protection Ordinance)are the main focuses. ■ Still fighting off bears at every turn. Most dumpster enclosures that were thought to be sound and secure are being defeated on a tegrlar basis. Community Development Department COMMM Y 9"depomat Dlreetor,. M Mat Aetivitlpc ergo A Ap for*WvasiMM ftom�V APp' fi�h of g use of Cozy Poh*6" Craig Thoaytaon patmtiaFshafo[.dglat' ' "%, ■ Sherry Mcbiti e_io6ted the Dept. on Sept.5`as secretary: Environmental and Wildlife Activities Manager Brush Creek rod Guide. ■ Contract completed. Project timeNne June 2002. T.B.A. Community Enhancement Projects Activity/Staff Manager Status Art Workftterpretive Signage for ■ Final design has been accepted for the Mayfly trail. Brush Creek Installation should occur around Sept'28°. Bernadette Barthelenghi ■ InstaIling Sept. 10 along Brush Creek. Brush Creek ■ Seasons Four has agreed to grant us a public rec. easement. Bernadette Barthelenghi ■ Town Attorney drafting easement-completed. ■ Brush clearing will happen the week ofAug. 21"-completed ■ Drop structure construction began Sept.6'". Park Shelter ■ Gazebo w/cedar shake roofing has been ordered. Bernadette Barthelenghi ■ Seatwall/footers to accommodate a seatwall&future fireplace will be added to the shelter. Plans & Polic Development Activity/Staff Manager Status Brush Creek/Benedict Trail ■ Beganfield survey June 30"'. Bernadette Barthelenghi IN Waiting for survey data. ■ August 15"—met with the aquatic biologisdhydrologist for design input. Bio-Water Assessmeist ■ te �j has been ongoing since July. Besnodeae Barthelenghi ■' Au�grest 16P we began invewory offish in Brush Creek Sofa', 3 /bR� lob ofsizes and colors have been found ■ Monitoring for macroinvertebrate samples was completed last week. Greenway Master Plan ■ Input from Planning Commission expected in Sept. Bernadette Barthelenghi ■ Staff has completed GOCO's final report and requested payment. Land Use Code Amendments ■ Article V Work Session&First Reading,Sept 18'". Chris Conrad Trails Planning ■ Sign program to be installed this summer/fall. Bernadette Barthelenghi ■ Wooden signs have been ordered for backcountry trails. ■ Owl Creek trail is being built. Staff is overseeing construction. Trail is being seeded and topsoiled this week. ■ Met Sept.6"with the Forest Service to walk the new Cross Mountain trail alignment and request approval to build the trail. Watershed Management Plan ■ Data in a draJiform has been submitted to the Town. Bernadette Barthelenghi ■ Mapping of the watershed data was successful. Reports and Forms ■ Standardizing a report format,review procedure for PUDs, Jim Wahlstom and application form for Land Use proposals. Major Develo ment Review Update Project Daly Lane Conference Center ■ Received application August Sketch Plan ■ Joint PCITC Meeting tentatively scheduled for Oct. 16 Chris Conrad Parcel N Preliminary PUD ■ 4 Alternative site plans to be discussed at Sept. 18th T.C. Chris Conrad meeting. Seven Star Ranch ■ Extension granted to November 20`". Gary Suiter/Steve Connor Snowmass Center Expansion ■ Applicant considering withdrawal. Sketch Plan Chris Conrad Snowmass Club Phase II Sketch IN Original application withdrawn June 12. Plan ■ Amended sketch plan submitted June 26. Chris Conrad/Jim Wahlstom n Joint PCITC meeting Sept 5. ■ PC review commences Sept.20. The Timbers at Snowmass ■ Partial construction permit issued August 30,". Chris Conrad ■ Completed final plat and documents,per final PUD,being reviewed by staff to complete. 4 ?o Minor Development Review Update Pro ject / Manager Update Tamarack Minor ■ Minor addition to create new office space and improve pool locker rooms. Chris Conrad ■ Approved administratively August 18i6. Building permit issued. Subdivision Exemption ■ To condominiumize erisft duple plus caretakers quarters. Lot 1,Ridge Run Unit I IN Scheduled for Sept. 18i6 T.C. Mating. Chris Conrad Lot 2, Ridge Run Unit 1 ■ Condominiumize existing duplex,T.C.meeting Sept. 18th. Dave Ellis lr am Anderson Ranch ■ Conversion of cafeteria design to match other building in courtyard. Chris Conrad/Jim Wahistom Administration Modification, SUP, TUP, Variance Project / Manager Update Administrative ■ Snowmass Water Sanitation District Employee Housing, Governmental Modifications SPA. ■ Lot 15,Two Creeks,building envelope adjustment approved. ■ Stonebridge condos-interim SPA for elevator. ■ Lot 32,Ridge Rum 3-setback encroachment. Special Review ■ Public Works Operation Facility Expansion. Variances ■ Lot 32, Country Club 1,Stumpf,and PC on Sept. 2d". ■ Parcel M Faraway Ranch S. P.C.public meeting on Oct. 18d. Enforcement U date Project / Manager Update Brush Creek Offices ■ Draft an agreement to resolve the land use disputes between Chris Conrad Brush Creek Offices and Woodbridge Homeowners. Scheduled for late September completion. Pend.bag U date Project / Manager Update AT& T Cell Site @ Timberline ■ Approved June 19. Maintenance Building IN Amended lease required Town-owned land 5 0000 171 Poo- Chris Conrad a Building pmmit upplicadon issued- Netbeam Wireless ■ Discussions regarding placing antennae atop Snowmass Chris Conrad Center for wireless phone and internet connections. ■ Process as minor SPA amendment. ■ Received diagram, showing location Snowmass Real Estate Expansion 0 No applicaHwm rweb ad at ids time Chris Conrad ■ Applicmnt preparing to submit interbn SPA administadw modtfcadon applicotim Snowmass Water& Sanitation ■ Possible re-zoning ofall Water&Sanitation parcels to PUB— Chris Conrad Public along w/possible employee housing project. ■ Complete application received. Will be processed as an administrative modification. Trans ortation Project / Maiiager Update Janus Jam Is Dioi.A40&o" °ate - David Peckler Project Update Coordination-Gary Suiter 913-3777 ea.206 Public Works-Hunt Walker 923-5110 Housing-Joe Coffey 913.2360 Community Development-Thompson/Conrad/Barthelenghi/Ellis/StahmanIGaunilCoxon 913-5514 Town Clerk -Trudi Worline .923-3777 Finance-Marianne Rakowski 913-3796 Police Chief-An Smythe 923-5330 6 1 ?Z . £ G1l' o£ eZ 9Z LZ 9Z SZ 4Z I uedsy ui I 0'1 OO:V - 0103 'W"d 006- .S.AN.O.l - £Z ZZ LZ oz 6t BL LL I seleplpue0 I /,oAeMpunoo ,ol elgellene 'BM 6W1eaH suo440d als lepeds'0'1 uo4eu!woN - M d 00:4- S'M lO l00:Z 9L St 6L £t ZL LL Ot 6lW'0"1 00:9 - I wooa,lepais 7elue0 'sM oo:a - eouaaiuoo w d O£:9 woad nepulg ',elue0 '6lW IIgH umol - eaualepoo AdOIlOH '61W WBpne jMS 'WW Iowa Ams '61W IIgH amol ON-0£:9- 0£:£-0£:9- M dOO:Z-uaoN- 4 £ 6 e L 9 9 Z L 000z as wo da q � S Aepjnjes Aepuz Aepsinyl Aepsenl Aepuoyq Aepuns L / L£ a£ 6Z I, A!o wed @ '61W '1"S V'o Al!o wed @7 M V 00:6- B1W l'S'V'o - £Z ZZ eZ 1Z 9Z SZ bZ W'dOOb- "61W'S'Mfo'l 61a6pne- 'W'd OOZ- LZ oz 6L 8L CL 9L SL 'BlW'S'MI'o'1 i W'd OOZ- bL £L ZL LL OL 6 8 'w'd 00:9 le '61W '0'l joAeViglounoo Jo;suoll.wd uedsV ul .W.d OO b - uogeuwoH iol euIIPeBO "BM SHH OOBd Vfd 00 b S'M'0'100 Z - L 9 S b £ Z OOOZ aagolo0 AepinjeS Aepuj Repsmyl I AepseupeM Aepsenl Aepuoyy FepunS Alternate Rodeo Property Debt Question setting a maximum purchase price and requiring purchase of all of the property: SHALL TOWN OF SNOWMASS VILLAGE DEBT BE INCREASED $3,080,000 WITH A REPAYMENT COST OF$5,949,295(MAXIMUM TOTAL PRINCIPAL AND INTEREST) AND SHALL TOWN TAXES BE INCREASED $303,750 ANNUALLY (NET OF ANY PROPERTY TAX CUT MANDATED BY ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AS IT CURRENTLY EXISTS OR IS HEREAFTER AMENDED), FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COST OF ACQUIRING THE APPROXIMATELY 21 ACRES OF LAND COMMONLY KNOWN AS THE RODEO PROPERTY LOCATED NEAR THE INTERSECTION OF BRUSH CREEK ROAD AND HIGHLINE ROAD FOR A PURCHASE PRICE NOT TO EXCEED $3,500,000, AND FOR COSTS RELATED TO SUCH ACQUISITION; AND SHALL THE MILL LEVY BE INCREASED IN ANY YEAR BUT ONLY IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF AND PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS OR NOTE(S) OR ANY REFUNDING BONDS OR NOTE(S)WHEN DUE,WITHOUT LIMITATION OF RATE OR AMOUNT; SUCH DEBT TO BE EVIDENCED BY THE ISSUANCE OF GENERAL OBLIGATION BONDS OR NOTE(S) BEARING INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 7.15%; SUCH BONDS OR NOTE(S)TO BE SOLD WITH SUCH MATURITIES AND IN ONE SERIES OR MORE IN AN AGGREGATE AMOUNT NOT TO EXCEED THE MAXIMUM AUTHORIZED PRINCIPAL AMOUNT AND REPAYMENT COST, ON TERMS AND CONDITIONS AS THE TOWN COUNCIL OF THE TOWN MAY DETERMINE, INCLUDING PROVISIONS FOR THE SALE OF THE BONDS ABOVE OR BELOW PAR AND FOR REDEMPTION OF THE BONDS OR NOTE(S) PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM; AND SHALL THE INVESTMENT EARNINGS ON THE BOND OR NOTE PROCEEDS AND TAX REVENUES BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? SQUARE UNIT CATEGORIES FOOTAGE EQUIVALENT UNIT SIZE 250 1 250 1 5011 1000 1500 2000 1250013000 13500 40001450015000155001 6000 165001 MULTI-FAMIL Y 1 Less Than 1,000 s.f. 0.5 0.50 0.50 0.50 MULTI-FAMILY II 1,000 s.f.-1,500 s.f. 0.66+.05 Per Each Additional 0.66 0.91 100 s f.Above 1,000 s.f. bFm MULTI-FAMILY 111 1,501 s I.-2,500 s f. 0.833+.10 Per Each Additional 1.33 1.83 100 s.f.Above 1,500 s.f. MULTI-FAMILY IV More Than 2,500 s.f. 1.5+.25 Per Each Additional 2.75 4.00 5.25 6.50 7.75 9.00 10.25 11.50 100 s.f.Above 2,500 s,L SING[E-FAMILY 1 Less Than 2.500 s.f. 1 1.00 1.00 1.00 1.OD 1.00 1.00 SINGLE-FAMILY II 2,500 s.f.-4,500 s.f. 1.0+.10 Per Each Additional 1.110 1.50 2.00 2.50 3.00 100 s Above 2,500 s SINGLE-FAMILY 111 More than 4,500 s.f. 3.0+.50 Per Each Additional 5.50 8.00 10.50 13.00 100 s.f.Above 4,500 s.f. HOTEI 11 OIX31NG I 1 ess Than Stills 1. 0.33 0.33 0.33 HOTELA ODGING II 500 s.t.-1,000 s.f. 0.33+.10 Por Each Additional 0.33 0.83 100 s.f.Above 500 s.f. 0 5 HOTELILODGING 111 More than 1,000 s.f. 0.833+.25 Per Each Additional 2.08 3.33 4.56 5.83 7.08 8.33 9.56 10.83 12.08 13.33 14.58 100 s.f.Above 1,000 s.f. nZ Uq� 1y1� x •�\1 r A, n 5 L SQUARE UNIT CAILGOHILS 1001AGL LQHIVAI LNT UNIT SIZE 250 250 SW 1000 1500 2000 2500 30U0 3500 4000 4500 5000 5500 60(10 6500 MULTI-FAMILY 1 Less Than 1,000 s.f. 0.5 0.50 0.50 0.50 MULTI-FAMILY II 1,000 s.f.-1,500 s.f. 0.5 i.OS Per Each Additional 0.50 0.75 10U s.f.Above 1,000 s.f. MULTI-FAMILY III 1,501 s.f.-2,500 s f. 0.75 t.10 Per Each Additional 1.25 1.75 100 s.f.Above 1,500 s.f. MULTI-FAMILY IV More Than 2,500 ST 1.75*.25 Per Each Additional 3.00 4.25 5.50 6.75 8.00 9.25 10.50 11.75 100 s.f.Above 2,500 s I. SINGLE-FAMILY I Less Than 2,500 s.f. 1 1.00 1.00 1.00 1.00 1.00 1.00 SINGLE-FAMILY II 2,500 s.f.-4,500 s f. 1.0+.10 Per Each Additional 1.00 1.50 2.00 2.50 3.00 100 s.f.Above 2,500 s.f. SINGI E-FAMILY III More than 4,500 s.f. 3.0+.50 Per Each Additional 5.50 8.00 10.50 13.00 10U s 1.Above 4,500 s.f. HOTEL/LODGING I Less Than 500s.f. 0.33 0.33 0.33 HOTEL/LODGING 11 500 s.f.-1,000 S.I. 0.33*.10 Per Each Additional 0.33 0.83 100 s.f.Above 500 s.f. 0 5 HOTEL/LODGING 111 More than 1,000 s.f. 0.833+.25 Per Each Additional 2.08 3.33 4.58 5.83 7.08 8.33 9.58 10.83 12.08 13.33 14.58 100 s.f.Above 1,000 s.f. $ 3P r 0 Q Q ATTACHMENT «A„ c MK CENTENNIAL 402 SEVENTH STREET I TEL 970/928-8599 ATRIUM SUITE 111 P.O.DRAWER 900 FAX 9701928-8526 C @NTENNIAL @NOIN@Eii1N0.INC. GLENWOOD SPRINGS,OO 51802 • DATE: 14 Sep 2000 • TO: Snowmass Village Town Council • FROM: Joe Kracum, PE • SUBJECT: Snowmass Village Transit & Parking Plaza Conceptual Design Alternative P At the 28 August Council meeting we were given direction to develop an alternative which extends the lower parking garage under the transit plaza. The intent was to deliver more parking spaces as close to the Mall as possible. A net new 200 parking spaces was desired. Three different configurations were investigated. The first included two levels extended the full width (E-W) of the plaza to a length (N-S) necessary to accommodate the desired net new parking. The second configuration developed a full level under the transit plaza with a smaller lower level underneath to achieve the desired number of spaces. Both of the these configurations required extensive structural support for the bus paths through the plaza, adding significant cost to the project and reduced overall efficiency of the parking due to the decreased column spacing. The third configuration investigated siting two levels of parking under the footprint of the pedestrian plaza of the transit plaza and avoiding as much of the extra structural requirements as possible. This third configuration appears to be the most efficient and cost effective of those investigated, and thus is presented for your review. The plan presented provides for 200 net new parking spaces and provides the same function for transit and pedestrians as in previous alternatives. The estimated cost for this alternative is $14 million. With contingencies that are built in, a realistic range of cost for this alternative is between $13.5 and $14.5 million, based on the final details, architectural treatments, and potential deletions or additions to the project. A Snowmass Village Transit & Parking Plaza DRAFT PRELIMINARY Conceptual Cost Estimate Worksheet Alternative P : Lower Parking Structure Extended Under Transit Plaza (Net New 200 Spaces) 14-Sep-00 Parld Stature Snowme8 Road Transit Lsve/ Pedestrian Level Total Item Description Units Cost Cost Cost Cost Cost Mobilization h $ 200,900 E 50.000 S 250.000 S 50.000 E 550.000 Site Work 15 S 901.420 S 544.500 E 975.500 S 12.400 $ 2.433.820 Retaini Wags Is $ 560,000 E 307,800 E 298,000 S - S 1,159,800 Parld Structure is $ 4,950.000 $ - $ - $ - S 4.950.000 $ 500.000 Pedestrian Deck Is $ S - $ E 500,000 Kiosk/Restroans/Furniture Is $ - E - $ 50.000 E 62,500 S 112,500 yedtiral Circulation is $ 428,000 $ - Utfffty Relocations Is $ 200.000 E - S 200,000 $ - $ 400.000 Snomnett SvsteM ME.246,0W S 234.600 E 988.750 $ $ 1.223,350 Electrloa hti $ 6,250 $ 41,250 S 11,250 E 65,000 Gonsirucibn Items Phase Total S 7.138.000 $ 3274.000 $ 637.000 $ 12.293,000 ErgineedncyTrattkJCM dolts $ 193,000 E 466.000 $ , 00 S 1,731000 Pr ' Phase iolai $ 1,331,000 1$ 3,740.000 E 737,000 $ 14.024.000 Totals are rounded to nearest$1000 mom Costs ra moesredon Rmrsanam.Based m s pacanage dtpnabutUan laxn. 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This cost estimate Is preliminary only,and was based on a design level of Isss than 10%. The costs were based m a haletlonal system and Includes only a basic exterior for the parking structures and an allowance for a simple pedestrian deck. Minimal contingencles exist In the estimate until decisions are made on architecture and amenities, The estimate assumes that all phases of the project will be packaged as one construction package with construction to be commenced In the Spring of 2001.Additional cost would be Incurred If the phases were delivered under separate consbuctim packages and If construction starts were,delayed beyond 2001. \0 � y \ s o• r.o• 11 • r------- TR: o E I I I I I I � I SNcA - J J O (b d' r W m o m W MK CENTENNIAL DRAWN D DATE 00 OF SNOWMA` �- CHECKED DATE SNO XS V DD TRANSIT AND eevrcr�aw� evoweewiva,wc. CAD OPER.. DATE --- ti JO /t 0 11 30 It 60 It i $ i4 (roil Extension J ° soma p R$ S W L OAD_ s ji ° s 12'� X0'12'18' 1 ---- -- - - - -13 P�EI'v sna' i SIT LE L o _ ~ I� 1 -v j; J- g , ALL S/ o a VILLAGE No. ATE AL ES 14 AT1 P TRANSPORTATION PLAZA PARKING PLAZA -PROJECT NO j71900 SHEET 0i 1 - _Tt_r I _ _ VIII I - i - IIII _ IIII -1 IIIIIJ � _ i-1 I I l _I_ L _ I I I- - - 141111 TT_I / G R D N r 7{RA�Sl� -T 1_l 11 11 11 - -- - -- - = _ W 1 III-1 eiRa � i i I I T e IL A A UND'ER{JE. I I 1 ..III l - TI -I EF I �IIII - f I II I MK CENTENNIAL DESIGNED -DATE- DRAWN d SNOWP. DRAWN DATE SNI) hS %OLAG�o TRANSIT A. CHECKED DATE arrt�ro�u��wesr�arw,ma CAD OPER. GATE - _- -- -- I I I-I I _I_ i-I-1 - - 1-I-i-T i IIII i I I ; I - - Tl _ . IL 17- - 1II _ 1 - - - - 1 _L-1 v 9 - — -I _VI Llf-1FV RIsrJS1 1 16+ 9 L 1 N — r 1 I ui '�- E_i LING WEL I .. .__— I111 ! 1111 - I I *E)j AAR 1d 9_ 1111 IIIIIII __ _ III 1-; T ITT-1- 1 I _I-I-1_ - I Ilill 111111111__ I I I I T1 _TTTT7-I T-1 I _ - ITTTT Io I II a SS VILLAGE No. DATE DESCRIPTION PROFILE CENTERLINE os.�..z000 �lTE0.NAT�VE P TRANSPORTATION PLAZA PARKING PLAZA --- r1 _ _--f ______ PROJECT N0. 22x9.00_ __-__ -- SHEET C?,_.