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12-15-03 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES SILVERTREE HOTEL – CABARET ROOM DECEMBER 15, 2003 Mayor T. Michael Manchester called to order the Regular Meeting of the Snowmass Village Town Council on Monday, December 15, 2003 at 4:03 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor T. Michael Manchester, Douglas Mercatoris, Richard Virtue and Arnold Mordkin Bill Boineau arrived at 4:30 p.m. Chairman Huggins called to order the Planning Commission Meeting at 4:05 p.m. PLANNING COMMISION MEMBERS PRESENT: Doug Faurer, Bob Fridstein, George Huggins, John Wilkinson, Don Crouch and Jim Gustafson. STAFF PRESENT: Mike Segrest, Town Manager; Chris Conrad, Planning Director; Art Smythe, Chief of Police; David Peckler, Transportation Director; Steve Connor, Town Attorney; Hunt Walker, Public Works Director, Cary Shanks, Economics Resource Director, Mark Kittle, Chief Building Official, Rhonda B. Coxon, Deputy Town Clerk; Nick Tucker, Multi Media Specialist PUBLIC PRESENT: Greg Rulon, Connie Spence, Dave Spence, Paul Benton, Bill Fontana, Meredith Hall, Don Upper, Mary Brown, Gary Suiter, Jane Huffman, Jim Hooker, John Francis, Jack Hatfield, Michael Adams, BJ Adams, Joey Woltemath, Dick Piffer, David Kerr, Garrett Reuss, Katie Allison, Donna Davis, Judy Ruhl Dick, John G.Humphrey, Pat Lerjan, Erik Cavarra, Lisa Rupert, Mel Blumenthal, Joe Porcaro, Mary 12-15-03tc Page 2 of 9 Courtney Wine, Guy DeCarlo, Penny Similios, Ricky Reh, Howard Foley, Bob Purvis, Susan Cross, Mark Gressett, Hays Jones, Brenda Moran, Ryan Loeb, Tom Tucker, Lois Upper, Sue Way, Bruce Berrcelioth, Ben Harrison, Robert Goldstein, Rick Griffin, Bob Segner, Doug Mackenzie, Jeremy Rungi, Kristy Helm, Shane Vetter, Max Goracke, Pat Goracke, Jim Gustafson, David Evans, Carrie Marsh, Becky Dombrowski, Kristin Everhart, Judi Burwell, Lis Price, Brad Wyatt, Rich Burkley, Jeff Tippett Michael Lofino, John Bokram, Peter King, Mark Moebius, Lunette Hegeman, Larry Dempsey, Becky LaCroix, Don Schuster, Paul Taddune, Tom Yocum, David Bellack, Bill Kane, Gerd VanMoosel, Rich Carr, Greg Lemon, Randy Johnson, Michael Noda, Gary Raymond and other members of the public interested in items listed on the Agenda for this Meeting. Item No. 2: JOINT MEETING/PLANNING COMMISSION; SNOWMASS CLUB- CLUB COMMONS II EMPLOYEE HOUSING PROJECT SKETCH PLAN Senior Planner Jim Wahlstrom explained that the applicant has met all requirements set forth in the Municipal Code for a Meeting of this type and that Public Notice of this Meeting was published in the December 3, 2003 edition of the Snowmass Sun. He requested that Council consider information provided by the applicant and provide direction to the Planning Commission for further review and development of their recommendations to Town Council. Wahlstrom outlined the core issues for discussion as required by the Land Use Code. Don Schuster, Vice President of the Aspen Skiing Company (ASC), provided Council with a project overview proposing construction of two buildings consisting of a 36-unit, 120-bedroom employee housing project situated on Parcel 12 of the Snowmass Club Subdivision as well as on a portion of the Snowmass Water and Sanitation (SW&S) District site. The units consist of 649 sq. ft. one-bedroom units, 908 sq. ft. two-bedroom units and 1,166 sq. ft. three bedroom units to address the demand for family-occupied units. Seasonal employee 4-bedroom, 2-bath shared units duplicate the existing Club Commons seasonal employee housing units. The size of the two buildings is approximately 75-percent of the 12-15-03tc Page 3 of 9 existing Club Commons building site. Schuster explained that the existing Club Commons occupancy for seasonal employees has been high year-round, demand proving it necessary to construct additional full-time housing units. He described the elevations and design of the buildings, which are identical to the existing Club Commons building. Housing Manager Joe Coffey stated his desire review the unit designs, particularly the size of the seasonal units. In response to a concern expressed by Bob Fridstein, David Bellack of the ASC and Kit Hamby, Director of SW&S, explained that the SW&S engineer has determined a plan to maintain the capacity of the pond for future growth. Schuster provided a brief description of the existing site as well as a site plan proposing the new construction. He stated that in response to a desire of the SW&S District to provide housing for their employees, the Snowmass Club proposed a joint venture that includes a land exchange and construction of employee housing units as an extension of the Club Commons employee housing, constructed by the Snowmass Club to aid SW&S in achieving their goal with no cost. The Snowmass Club would own and operate the units and provide SW&S with first option to rent up to 7 units for their employees. The new development would also provide the Snowmass Club with the opportunity to expand the Club Commons, to be considered as employee housing mitigation for the Base Village development. Utilizing a site map, he identified the location of the land to be exchanged, building sites, access, final configuration of the pond, parking, etc. Council Member Boineau joined the Meeting at 4:30 p.m. Schuster and Bellack addressed the applicability of the employee housing as mitigation for development of Base Village and other ASC projects. Bellack stated that the applicant feels that the employee housing is for all those employed within the Town and should be allowed for mitigation purposes. After further discussion, Council determined that the employee housing mitigation issue proposed in the application would be further discussed during Preliminary Review of this application as an appropriate part of the process. Manchester requested clarification regarding applicant ownership versus Town ownership of the employee housing. Mordkin stated concern of employee housing construction outside of the Village core. Manchester requested that the Planning Commission review the application from a site planning and transportation linkage perspective, The Town Attorney stated that Sketch Plan process is to determine if the proposed development is compatible with the neighborhood and the area, and meets the desires of the community. Segrest explained that information received from the applicant regarding employee housing mitigation would assist Council in their review of the Base Village project. Council Member Mercatorismade a motion that the applicant proceed to the Preliminary Review process and present the application to the Planning Commission for review, to result in a formal Planning Commission 12-15-03tc Page 4 of 9 recommendation to Council. Virtue seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Planning Commission Member Gustafson made a motion to adjourn the Planning Commission Meeting, seconded by Crouch. The motion was approved unanimously. NOTE: Council took a break at this time and reconvened at 5:15 p.m. Item No. 3: PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda items. Item No. 4: PUBLIC HEARING AND SECOND READING - ORDINANCE NO. 18, SERIES OF 2003 PUBLIC HEARING AND SECOND READING CONSIDERATION OF AN ORDINANCE ADOPTING AND ENACTING RULES, REGULATIONS AND STANDARDS GOVERNING OUTDOOR LIGHTING (Public Hearing Continued from 12-08-03 Meeting) Manchester explained that this Public Hearing was continued from the December 8, 2003 Town Council Meeting. He opened the Public Hearing for public comment at 5:17 p.m. Chief Building Official Mark Kittle outlined changes made to the Ordinance as requested by Council and the proponent at the last Council Meeting, whereby he added a section addressing compact fluorescent lighting, and changed the holiday lighting time limit to match the ski season. He stated that language addressing complaints and the 60-day time limit for enforcement has been set at 2-years. The proponents have requested a 1-year limit for enforcement or that the Ordinance contain the recently removed complaint clause. Biddle recommended adoption of the Ordinance as written. Mordkin made a motion to approve Second Reading of Ordinance No. 18, Series of 2003, seconded by Mercatoris. Council discussed residential single-family lighting standards and absence of variance procedures within the Ordinance language. The Town Attorney explained that a variance procedure would be devised along with any amendments necessary to the Ordinance within the upcoming months. Paul Taddune, attorney for Snowmass Homeowners Association, stated a concern for language removed from the Ordinance which afforded a property owner immediate relief from an existing nuisance, therefore the Initiative Committee has requested a 1-year limit for enforcement or that the original language be reinstated into the Ordinance. Tom Yocum, Initiative Committee member, stated his desire for a 1-year enforcement limit or reinstate the original language into the Ordinance. Manchester asked that staff try to identify an appropriate time limit 12-15-03tc Page 5 of 9 for enforcement that would be agreeable to both the Initiative Committee and the Town. He also requested that the word”compliance” be changed to “improvement”. Segrest outlined the plan for enforcement on complaint issues and addressed the expense which may become burdensome to property owners if they were to be required to come into immediate compliance. He stated that it would be desirable for the property owner to make an improvement to the infraction immediately and then work toward compliance before the time-limit has expired. Yocum voiced his desire to work with the Town to reach an agreeable outcome. Mercatoris made a motion to amend the Ordinance setting the time limit for conformance to 18 months. Virtue seconded the motion. Mordkin agreed to the 18 month time-frame which would shorten the time limit without creating an undo burden on the property owner. Yocum stated his agreement with the amendment. The motion to amend was approved by a vote of 5 in favor to 0 opposed. A roll-call vote was taken and Second Reading of the Ordinance was approved as amended, by a vote of 5 in favor to 0 opposed. Item No. 5: FIRST READING - INITIATIVE ORDINANCE NO. 01, SERIES OF 2003 FIRST READING CONSIDERATION OF A CITIZEN’S INITIATIVE ORDINANCE ADOPTING AND ENACTING RULES, REGULATIONS AND STANDARDS GOVERNING OUTDOOR LIGHTING IN THE TOWN OF SNOWMASS VILLAGE (Public Hearing continued and Ordinance tabled from 11-24-03 meeting) Segrest suggested that if the Initiative Committee is in agreement with the language contained in Ordinance No. 18, Series of 2003, a verbal withdrawal of this Ordinance could occur at this Meeting followed by a required withdrawal request signed by the Initiative Committee, or Council could table the Ordinance until the signed withdrawal request is received from the Committee. Yocum requested that Council table the Ordinance for action at the next Council Meeting. Mordkin made a motion to table First Reading of Ordinance No. 01, Series of 2003 to the January 5, 2004 Town Council Meeting. Mercatoris seconded the motion. The motion to table was approved by a vote of 5 in favor to 0 opposed. Item No. 6: CONTINUATION OF THE PUBLIC HEARING AND DISCUSSION - BASE VILLAGE PRELIMINARY PUD TO RECEIVE PUBLIC COMMENT AND DISCUSSION OF THE BASE VILLAGE PRELIMINARY PUD APPLICATION, INCLUDING SINCLAIR MEADOWS AND FANNY HILL TOWNHOUSES/CABINS INVOLVING AND AMENDMENT TO THE WOODRUN V PUD FOR PARCELS 4 AND 7." (Public Hearing and Discussion Continued from 12-08-03 Meeting) 12-15-03tc Page 6 of 9 Manchester stated that this discussion and Public Hearing has been continued from the December 8, 2003 Regular Town Council Meeting. He opened the Public Hearing at 6:00 p.m. Senior Planner Jim Wahlstrom requested that Council discuss the applicant’s proposed revisions to elevations for building Nos. 1 through 8. The Town Attorney explained that information provided to Council at this Meeting consisted of a scope of the proposed revisions. Wahlstrom explained that If Council approves of the amendments; staff would then complete a full evaluation, analysis and recommendations to be provided to Council at the next Meeting. Segrest requested that Council provide comments on the proposed amendments. Mike O’Connor, Project Manager for Brush Creek Development, LLC provided a presentation of the revisions which included a reduction in the mass, scale, height and density based on requests from Council, the Planning Commission and the public. He provided information regarding the common goal based on the Village Aspiration Statement, the importance of community input regarding the revisions and overall development plan, creating a vital and vibrant core, site challenges, vertical changes, layout of density, changes made to the plan through sketch plan process, preliminary plan process and the current plan, the correct commercial and lodging ratios, and building design changes. Bill Kane, Vice President of Planning for ASC, outlined the proposed building design revisions and introduced the four architectural firms utilized to create building designs based on the Town’s criteria. Rich Carr of CGY Architects, provided a slide presentation overview of design philosophy and revisions to Building No. 1, planned for construction in Phase I of development. Greg Lemon and Randy Johnson of 42/40 Architecture provided an overview of design and revisions to Building 2A, B and C, planned for construction in Phase I of development. Michael Noda of Oz Architecture provided a slide presentation overview of Building No. 5 and explained recent changes to the building design. Rich Carr of CGY provided the details surrounding the design and recent changes made to Building No. 6. Noda outlined design and revisions to Building Nos. 8 and 9. Kane and Noda explained that the design of Building Nos. 10, 11, 12 and 13 has been deferred to a future phase of development, currently viewed as an unreasonable cost and risk until the applicant receives an indication that Council is reasonably content with the proposal for Building Nos. 1 through 9. Kane provided information regarding buildout, unit count, floor area and general building massing on these four buildings and reported that a Ski Area Master Plan would be submitted to the Town for review and consideration during the upcoming months, contemplating exchange/removal/upgrade of 9 lifts on the mountain. O’Connor provided a recap of the presentation and revisions and the square footage ratio of commercial to lodging. President of Intrawest Resort 12-15-03tc Page 7 of 9 Development Group, Gary Raymond, commented on the amendments made to the plan and the overall development. NOTE: Council took a 5-minute break at this time. Mel Blumemthal, representing the Enclave Homeowners Association, stated his appreciation to the applicant for revising the building elevations, mass and scale, and expressed his approval of the amended plan. Larry Dempsey, representing the Crestwood Condominium Association commended the applicant for revisions made to the plan and right-sizing the project. Resident Paul Benton requested more realistic photo simulations of the project and proposed revisions. Susan Sagatasloniquestioned the plan to connect the Mall businesses into the Base Village plan, the location of the transportation center and affordability of the HOT units. Resident Jack Hatfield stated that he felt the plan amendments have not addressed the height, mass, scale and density issues related to the project. Resident Lois Upper stated a concern that to further reduce the size of the project would reduce the viability of the project and therefore would not meet the goals of the community. Resident Greg Rulon stated his appreciation to the applicant for proposing amendments to the plan and requested that Council not be intimidated into designing a project that is too small to achieve the goals of the community and designed for failure. Resident Hayes Jones stated his support for construction of Base Village. Resident John Humphrey stated his support for construction of the project. Resident Jim Hooker stated that he is in favor of a development at the Base Village, although voiced a concern that Council would not approve the correct plan for the site. Mayor Manchester explained the importance of a plan to create two tourist-based commercial nodes at the Mall and at the base area that would be successful, viable, vibrant and supported by the Snowmass Center and the community, and that the transportation issues related to this development, including location of the transportation center, would be presented and reviewed by Council during future discussions. O’Connor stated that the applicant would strive to provide quality photo simulations at future Meetings. In response to an inquiry made by Manchester, O’Connor stated that there were approximately 68 units eliminated in the revision process, although employee housing units have now be included in the lower levels and are planned for construction during Phase I of the project. O’Connor also replied that 220 out of the 585 total units are located in Building Nos. 12 and 13. Manchester requested that the applicant provide more information regarding Building Nos. 12 and 13. He stated that he felt the correct development plan constructed at the Base area would allow the Town to compete in the marketplace as a destination resort to capture the market share and to realize the desires of the community as a resort and a community. Council Members stated that they felt the project planning 12-15-03tc Page 8 of 9 was moving in the correct direction and expressed their gratitude to the applicant for making revisions in response to requests made by Council, Planning Commission and the community. At 8:04 p.m. Manchester stated that this Public Hearing and discussion on this item would be continued to the January 5, 2004 Town Council Meeting. Item No. 8: APPROVAL OF MEETING MINUTES FOR 11-10-03 Mercatoris made a motion to approve the Meeting Minutes of November 10, 2003, seconded by Mordkin. There being no additions or corrections, the Minutes were approved by a vote of 5 in favor to 0 opposed. Item No. 7: MANAGER’S REPORT Board and Commission Vacancies Update The Deputy Town Clerk explained that information provided to Council for informational purposes, and that Council action appointing members to the various Boards and Commissions would be scheduled for the next Council Meeting. Manchester reported that the Planning Commission Chairman has requested at least one and preferably two Alternate Members be appointed to the Board. Council discussed the pros and cons of having 7 versus 5 regular members on the Planning Commission. After further discussion, Council consensus was that the Planning Commission consists of 7 members. Council requested that the Commission Chairman position be rotated on an annual basis. Off Site Council Meetings Council determined that the next Council Meeting would be held in the Council Chambers. If the Chambers proves to be inadequate for the number of public in attendance, staff will then try to locate an alternate location for future Council Meetings when Base Village discussions are listed on the Agenda. Item No. 9: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/CALENDARS January Council Meeting Dates Mordkin stated that due to court demands, he may be late arriving at Council Meetings. Council made no changes to Regular January Council Meeting dates. Improved Airline Service Mordkin informed Council Members that he plans to work toward improved, quality airline service for Snowmass Village guests and residents. He stated that he felt if additional airline companies would service the area, it would create the incentive for overall service improvement. 12-15-03tc Page 9 of 9 Airport Sign Mercatoris requested that staff urge the Pitkin County Commissioners to change the airport identification signs to “Aspen/Snowmass Village” Airport. Item No. 10: ADJOURNMENT There being no further business, Mercatoris made a motion to adjourn the Meeting, seconded by Mordkin. The motion was approved by a vote of 5 in favor to 0 opposed. The meeting was adjourned at 8:45 p.m. This set of minutes was approved by Town Council at the April 12, 2004 Regular Meeting. Submitted By, _____________________ Rhonda B. Coxon Deputy Town Clerk