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12-09-19 Town Council PacketTown Council Monday, December 09, 2019 4:00 PM 130 Kearns Road Council Chambers Agenda 1.CALL TO ORDER - Mayor Butler called to order the Special Meeting of the Snowmass Village Town Council 2.ROLL CALL 3.PUBLIC COMMENT - This section is set aside for the Town Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. (Five Minute Time Limit) 4.CONSENT AGENDA - These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. 4.A.DRAFT AGENDAS Draft Agendas Page 3 4.B.RESOLUTION NO. 42, SERIES OF 2019 - A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2020 TO HELP DEFRAY THE COST OF GOVERNMENTS FOR THE TOWN OF SNOWMASS 1 Town Council Page - 2 VILLAGE, COLORADO; AND TO PAY GENERAL OBLIGATION BOND PRINCIPAL, INTEREST AND RELATED COSTS; AND FOR THE TOWN'S ROAD IMPROVEMENT PROGRAM; AND THE ASPEN SCHOOL DISTRICT FOR THE 2020 BUDGET YEAR. Agenda Summary Reso 42 Mill Levy Page 7 Reso 42 Mill Levy Page 9 4.C.RESOLUTION NO. 48, SERIES OF 2019 - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE CERTIFYING DELINQUENT SOLID WASTE FEES TO THE PITKIN COUNTY TREASURER FOR PLACEMENT UPON THE TAX LIST FOR THE CURRENT YEAR, TO BE COLLECTED IN THE MANNER OTHER TAXES ARE COLLECTED PURSUANT TO SNOWMASS VILLAGE MUNICIPAL CODE SECTION 7-41(b) AND IN COMPLIANCE WITH THE LAWS OF THE STATE OF COLORADO FOR THE ASSESSMENT AND COLLECTION OF GENERAL TAXES Agenda Summary Reso 48 Delinquent Trash Page 12 Reso 48 Delinquent Trash Page 13 Reso 48 Attachment A Page 15 5.ADMINISTRATIVE REPORTS 5.A.RESOLUTION NO. 41, SERIES OF 2019 -A RESOLUTION ACTING ON APPLICANT’S SECOND REQUESTED ONE-YEAR EXTENSION OF A FINAL PLAN PUD AMENDMENT APPLICATION SUBMISSION BEYOND THE PRIOR ONE-YEAR DEADLINE EXTENSION GRANTED BY RESOLUTION NO. 39A, SERIES OF 2019, ON DECEMBER 10, 2018 TO JANUARY 2, 2020, AND EXTENDING FOR ANOTHER YEAR TO JANUARY 2, 2021, FROM THE APPROVAL OF THE PRELIMINARY PLAN RESOLUTION NO. 7, SERIES OF 2018, ON JANUARY 2, 2018, PURSUANT TO SECTION 16A-5-340(N), ‘EXPIRATION,’ OF THE MUNICIPAL CODE Agenda Summary Enclave Reso 41 Page 19 Attachment 1 Enclave Reso 41 Page 22 Attachment 2a Jonah Hunt Email Page 27 Attachment 2b Unit Owner 313 Letter Page 28 Attachment 3 Apps Response to Woods Letter Page 30 5.B.DISCUSSION WITH JAS REGARDING LABOR DAY MUSIC FESTIVAL Agenda Summary Discussion with JAS Page 33 5.C.DISCUSSION REGARDING FANNY HILL CONCERT STAGE LOCATION Agenda Summary Location of Fanny Hill Concert Stage Page 34 6.TOWN COUNCIL REPORTS AND ACTIONS - Reports and Updates 2 Town Council Page - 3 7.PUBLIC HEARINGS - QUASI-JUDICIAL HEARINGS - QUASI-JUDICIAL HEARINGS Public Hearings are the formal opportunity for the Town Council to LISTEN to the public regarding the issue at hand. For land use hearings the Council is required to act in a quasi-judicial capacity. When acting as a quasi-judicial body, the Council is acting in much the same capacity as a judge would act in a court of law. Under these circumstances, the judicial or quasi-judicial must limit its consideration to matters which are placed into evidence and are part of the public record. The Council must base their decision on the law and the evidence presented at the hearing. 7.A.PUBLIC HEARING - SNOWMASS CENTER PUD - PRELIMINARY PLAN REVIEW Agenda Summary SC PUD Page 36 Attachment A Site Plan Page 42 Attachment B Shadow Study Page 43 Attachment C Parking Plan Page 45 Attachment D 30% Slope Analysis Page 48 Attachment E Geotechnical Report Page 49 Attachment F PC Resolution No 5 Page 65 Attachment G Staff Report Page 78 8.ADJOURNMENT 3 DRAFT 2019 -2020 Agenda Items • Regular Meetings begin at 4:00 p.m. unless otherwise noted • Work Sessions begin at 4:00 p.m. and aim to end at 6:00 p.m. • The dates on which agenda items are listed are only a best approximation. Agenda items are added to this list as they arise. Agenda items may well be moved to different meeting dates. Agendas are generally not finalized until the Thursday prior to the meeting. • In addition to agenda items, this document also lists expected absences of Town Council members. In compliance with section 2-49 of the municipal code, once the consent agenda is approved, the absences noted will be considered to have received the prior approval necessary of the majority of the Council for members to be absent from meetings. 2019 Meetings Mon. Dec. 9th – Regular GID Meeting • GID – Reso Setting Mill Levy Mon. Dec. 9th - Special Meeting • TC – Reso Setting Mill Levy • Initial discussion regarding Fanny Hill Stage location • Continued public hearing on Snowmass Center • Discussion with JAS regarding potential new venues • Request to extend Enclave Final Plat requirement deadline Mon. Dec. 16th - Regular Meeting (Madsen, Sirkus out) • Reso -Timberline AT&T cell project • SAAB- consideration accepting new art and installing one permanent and one temporary piece • 2nd Reading Ord Wildfire mitigation ordinance proposal • Coffey Place Financing Reso • Executive Session 2020 Meetings Mon. Jan 6th – Regular Meeting • Wildcat Ranch vesting extension • Snowmass Center Public Hearing • Reso Appointing New Board Members • Reso Designating Public Notice Board Mon. Jan 13th – Work Session • Tue. Jan 21st – Regular Meeting • Snowmass Center Public Hearing Mon. Feb 3rd – Regular Meeting (Sirkus out) • Snowmass Center Public Hearing Mon. Feb 10th – Work Session (Goode out) • 12-09-19 TC Packet Page 3 of 89 4 DRAFT 2019 -2020 Agenda Items Tue. Feb 18th - Regular Meeting • Snowmass Center Public Hearing Mon. Mar 2nd – Regular Meeting • Mon. Mar 9th – Work Session • Mon. Mar 16th – Regular Meeting • Mon. Feb 10th – Work Session • Mon. Apr 6th – Regular Meeting • Mon. Apr 13th – Work Session • Mon. Apr 20th – Regular Meeting • Mon. May 4th – Regular Meeting • Mon. May 11th – Work Session • Mon. May 18th – Regular Meeting • Mon. Jun 1st – Regular Meeting • Mon. Jun 8th – Work Session • Mon. Jun 15th – Regular Meeting • Mon. Jul 6th – Regular Meeting • Mon. Jul 13th – Work Session • Mon. Jul 20th – Regular Meeting • Mon. Aug 3rd – Regular Meeting • Mon. Aug 10th – Work Session • Mon. Aug 17th – Regular Meeting • Tue. Sep. 8th – Regular Meeting • Mon. Sep.14th – Work Session • Mon. Sep. 21st – Regular Meeting • Mon. Oct. 5th – Regular Meeting • Mon. Oct. 12th – Work Session 12-09-19 TC Packet Page 4 of 89 5 DRAFT 2019 -2020 Agenda Items • Mon. Oct. 19th – Regular Meeting • Mon. Oct. 19th – Regular Meeting • Mon. Nov. 2nd – Regular Meeting • Mon. Nov. 9th – Work Session • Mon. Nov. 16th– Regular Meeting • Mon. Dec. 7th – Regular Meeting • Mon. Dec. 14th – Special Meeting • Mon. Dec 21st – Regular Meeting • 12-09-19 TC Packet Page 5 of 89 6 DRAFT 2019 -2020 Agenda Items Topics for Work Sessions or Other Meetings Requested by Town Council Members • Explore the potential of having or creating a not-for-profit to support the arts community in addition the SAAB • Senior Housing Discussion • Broad discussion regarding dogs on trails and leash law enforcement • Review the outdoor smoking ordinance to consider modifications • Update on Daly Town Home regarding retaining wall • How did they do that? • Environmental Discussions/ Approaches: 1) Meet with EAB and prioritize Sustainability goals 2) update on Solar and Renewable Energy for the Town of Snowmass Village 3) Discuss the Climate Reality Project 4) overview of the Re-Op Fund, its uses and successes. 5) a presentation of the Energy Navigator from the EAB/PW 6) discussion regarding how to move energy conservation efforts beyond town government to a community wide effort enabling individuals to help make progress 7) Update Council on solar project that was included in 2019 budget with findings from FAB, etc • Housing strategy: 1) discuss a potential regional approach to aging in place/ work with Pitkin county and county senior services- 2) find ways to encourage/ allow individuals to move from larger homes to smaller homes 3) meeting other needs- such as specific housing for town employees 4) update on current housing construction project 5) update on meeting the overall housing strategy • Action on Necessary IGA’s or other documents regarding “school property tax” distribution • A discussion on potentially allowing camping (RV or other) within the Village • Schedule Updates will all of the Town Boards to review priorities and current initiatives o EAB o FAB o PTRAB o POSTR o Marketing o Grants – Recent Awards; Review of Criteria; Purpose, etc. o SAAB o Planning • RFTA Strategic Priorities Update w. New Mill Levy 12-09-19 TC Packet Page 6 of 89 7 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: December 9, 2019 AGENDA ITEM: Resolution No. 42, Series of 2019 - A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2020 TO HELP DEFRAY THE COST OF GOVERNMENT FOR THE TOWN OF SNOWMASS VILLAGE, COLORADO; AND TO PAY GENERAL OBLIGATION BOND PRINCIPAL, INTEREST AND RELATED COSTS; AND FOR THE TOWN’S ROAD IMPROVEMENT PROGRAM; AND THE ASPEN SCHOOL DISTRICT FOR THE 2020 BUDGET YEAR. PRESENTED BY: Marianne Rakowski, Finance Director Clint Kinney, Town Manager BACKGROUND: Resolution No. 42, Series of 2019 establishes the property tax mill levy for the year 2020. The Pitkin County Assessor’s Office provided the Town with the estimated assessed valuation in August for use in the budget process. Taxing districts set the mill levies in December of the prior year for the collection of property taxes in the upcoming year. The County Treasurer’s office bills the property taxes from the tax roll certified by the County Assessor and are sent out mid-January of every year. Property tax payments are due in February and June if paying in two equal installments and by April 30th if paying in full. The Town receives the property tax remittances from Pitkin County monthly beginning in February of each year for the previous month’s collections. By December 10th of each year, the County Assessor must recertify the assessed valuation to each entity. By December 15th of each year, the Town must certify the mill levy to Pitkin County. This resolution meets that deadline. The Aspen School District property tax was approved by the voters in November of 2016 in the amount of $510,000 ($500,000 to the School District and $10,000 to pay the collection fee to Pitkin County). Per the ballot language, 2018 was the first year of the property tax collection and the final year of collection will be in 2022. FINANCIAL IMPACT: The Town’s assessed value increased by .07% in 2019 from 2018. The overall Town mill levy decreases from 8.494 in 2019 to 7.364 in 2020 due to the payoff of the Droste bonds in 2019. This 13.30% decrease in the mill levy as well as the decrease in the assessment rate for residential property translates into a decrease of $85.04 per $1M in market value. For 12-09-19 TC Packet Page 7 of 89 8 commercial property, the decrease in the mill levy (no change in assessment rate) equates to a decrease of $327.70 per $1M in market value. The attached resolution shows the dollar amount and the mill levy for each of the various property tax levies. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: N/A COUNCIL OPTIONS: 1. Adopt, amend or do not approve Resolution No. 42, Series of 2019 STAFF RECOMMENDATION: Adopt Resolution No. 42, Series of 2019. ATTACHMENTS: Resolution No. 42, Series of 2019 12-09-19 TC Packet Page 8 of 89 9 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 42 SERIES OF 2019 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2020 TO HELP DEFRAY THE COST OF GOVERNMENT FOR THE TOWN OF SNOWMASS VILLAGE, COLORADO; AND TO PAY GENERAL OBLIGATION BOND PRINCIPAL, INTEREST AND RELATED COSTS; AND FOR THE TOWN’S ROAD IMPROVEMENT PROGRAM; AND THE ASPEN SCHOOL DISTRICT FOR THE 2020 BUDGET YEAR. WHEREAS, the Town Council of the Town of Snowmass Village has adopted the annual budgets in accordance with the Local Government Budget Law on November 4, 2019; and WHEREAS, the amount of money necessary to balance the 2020 budget for general operating expenses is $374,373; and WHEREAS, the amount of money necessary to pay General Obligation Bond principal, interest and related costs for the Recreation Center is $262,256; and WHEREAS, the amount of money necessary to fund the Road Mill Levy Fund is $2,437,321; and WHEREAS, the amount necessary to fund the Aspen School District is $510,375; and WHEREAS, the 2019 valuation for assessment for the Town of Snowmass Village, Colorado, as certified by the County Assessor is $487,464,270. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One: Action 1. That for the purposes of meeting all general operating expenses of the Town of Snowmass Village during the 2020 budget year, there is 12-09-19 TC Packet Page 9 of 89 10 19-42 Page 2 hereby levied a tax of .768 mills less a temporary mill levy reduction of .000 for a net mill levy of .768 upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2020. 2. That for the purpose of paying General Obligation Bond principal, interest and related costs for the Recreation Center, there is hereby levied a tax of .538 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2020. 3. That for the purpose of funding the Road Mill Levy Fund, there is hereby levied a tax of 5.000 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2020. 4. That for the purpose of funding the Aspen School District, there is hereby levied a tax of 1.047 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2020. 5. That for the purpose of receiving taxes abated and refunded, there is hereby levied a tax of .011 upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2020 to receive $5,362. 6. That the Finance Director is hereby authorized and directed to immediately certify to the County Commissioners of Pitkin County, Colorado, the mill levies for the Town as hereinabove determined and set. INTRODUCED, READ AND ADOPTED on the first reading by the Town Council of the Town of Snowmass Village, Colorado on the 9th day of 12-09-19 TC Packet Page 10 of 89 11 19-42 Page 3 December, 2019, with a motion by ______________, and seconded by ___________, The motion was approved by a vote of ___ in favor to ___ opposed. TOWN OF SNOWMASS VILLAGE ____________________________ Markey Butler, Mayor ATTEST: _________________________ Rhonda Coxon, Town Clerk 12-09-19 TC Packet Page 11 of 89 12 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: December 9, 2019 SUBJECT: Resolution No. 48, Series of 2019 – Certification of Delinquent Solid Waste Fees to County for Collection I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Certify Delinquent Solid Waste Fees to PitCo Treasurer for collection on tax bills. II. SUMMARY OF PROJECT Property owners in TOSV have failed to pay past due solid waste fees. III. BACKGROUND SVMC Section 7-41(b) provides that TOSV can certify delinquent solid waste accounts to PitCo for collection with tax bills. IV. APPLICABLE REGULATIONS SVMC Section 7-41(b) V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should Council certify accounts for collection? VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council approve Resolution 48. 12-09-19 TC Packet Page 12 of 89 13 1 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 RESOLUTION NO. 48 4 SERIES OF 2019 5 6 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS 7 VILLAGE CERTIFYING DELINQUENT SOLID WASTE FEES TO THE PITKIN 8 COUNTY TREASURER FOR PLACEMENT UPON THE TAX LIST FOR THE 9 CURRENT YEAR, TO BE COLLECTED IN THE MANNER OTHER TAXES ARE 10 COLLECTED PURSUANT TO SNOWMASS VILLAGE MUNICIPAL CODE SECTION 11 7-41(b) AND IN COMPLIANCE WITH THE LAWS OF THE STATE OF COLORADO 12 FOR THE ASSESSMENT AND COLLECTION OF GENERAL TAXES 13 14 15 WHEREAS, by adoption of Chapter 3, Article III of the Snowmass Village Municipal 16 Code, the Town of Snowmass Village has established provisions for the accumulation, 17 collection, conveyance and disposition of Solid Waste; and 18 19 WHEREAS, citizens of the Town of Snowmass Village benefit from the Solid Waste 20 services provided; and 21 22 WHEREAS, property owners in the Town of Snowmass Village are required to pay fees 23 for Solid Waste services and non-payment of such fees places a burden on the system 24 as well as burdening citizens who timely pay such Solid Waste fees; and 25 26 WHEREAS, certain property owners within the Town of Snowmass Village have not paid 27 the Solid Waste fees due, despite numerous requests by the Town of Snowmass Village 28 Public Works and Finance Departments and such fees are delinquent; and 29 30 WHEREAS, said delinquent property owners have been given written notice that the 31 action contemplated by this Resolution would be forthcoming; and 32 33 WHEREAS, Section 7-41(b) of the Snowmass Village Municipal Code provides that 34 Town Council must certify delinquent accounts to the Pitkin County Treasurer for 35 inclusion on the tax lists for collection with general taxes for the current year; and 36 37 WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the 38 preservation of the public health, safety and welfare. 39 40 41 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 42 Village, Colorado: 43 44 1. That the Town Council of the Town of Snowmass Village hereby certifies to the 45 Pitkin County Treasurer that the accounts listed in attached Exhibit “A” are 46 delinquent in the amounts stated in Exhibit “A”. 47 48 2. That the Town Council of the Town of Snowmass Village hereby requests that the 49 Pitkin County Treasurer place upon the tax list for the current year the certified 50 delinquent Solid Waste accounts listed on Exhibit “A” hereto, in the amount and 51 upon the respective real property tax account specified thereon, to 52 53 12-09-19 TC Packet Page 13 of 89 14 TC RESO 19-48 Page 2 of 2 54 55 56 be collected and remitted to the Town of Snowmass Village (subject to collection 57 fees) in the manner other taxes are collected pursuant to Snowmass Village 58 Municipal Code Section 7-41(b), and in compliance with the laws of the State for 59 the assessment and collection of general taxes, including the laws for the sale of 60 property for taxes and redemption of the same which shall apply. 61 62 63 64 INTRODUCED, READ AND ADOPTED, as amended, by the Town Council of the Town 65 of Snowmass Village, Colorado, on the 9th day of December, 2019 upon a motion made 66 by Council Member _____________ and seconded by Council Member _____________ 67 and by a vote of ______ in favor and ______ opposed. 68 69 70 71 72 TOWN OF SNOWMASS VILLAGE 73 74 75 76 _______________________________ 77 Markey Butler, Mayor 78 79 80 81 ATTEST: 82 83 84 ___________________________ 85 Rhonda B. Coxon, Town Clerk 86 87 88 89 APPROVED AS TO FORM: 90 91 92 _________________________________ 93 John C. Dresser, Jr., Town Attorney 94 12-09-19 TC Packet Page 14 of 89 15 1 EXHIBIT “A” TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 48, SERIES OF 2019 CERTIFIED DELINQUENT SOLID WASTE FEES 1. Owner: Bernard Hector Burger Mailing Address: 11640 S. See Court Wellington, FL 33669 Legal Description: FOX RUN Lot: 12 Physical Address: 124 Fox Run Lane Snowmass Village, CO County Account Number: R011775 County Parcel Number: 273506217012 Amount Due: $565.47 _____________________________________________________________________________ 2. Owner: BA CANE Properties LLC Mailing Address: 110 SE 6th Street #2300 Fort Lauderdale, FL 33301 Legal Description: MELTON RANCH UNIT THREE, Block 3, Lot 7 Physical Address: 257 Fairway Drive Snowmass Village, CO County Account Number: R002756 County Parcel Number: 273506101016 Amount Due: $619.30 _____________________________________________________________________________ 3. Owner: Cedric DePasquale Mailing Address: 1300 Cleveland Rd Miami Beach, FL 33141 Legal Description: MELTON RANCH UNIT ONE, Lot 49 Physical Address: 149 Martingale Place Snowmass Village, CO County Account Number: R003077 County Parcel Number: 264536405007 Amount Due: $563.31 12-09-19 TC Packet Page 15 of 89 16 2 4. Owner: Paul Karr Mailing Address: 3032 NE 49th Street Fort Lauderdale, FL 33308 Legal Description: MELTON RANCH UNIT 2, Lot 38 Physical Address: 638 Meadow Road Snowmass Village, CO County Account Number: R001568 County Parcel Number: 264536404016 Amount Due: $619.30 5. Owner: Mark J. Haldeman Mailing Address: 415 East Hyman Avenue Aspen, CO 81611 Legal Description: WILDRIDGE UNIT TWO, Lot: 41 Physical Address: 304 Lemond Place Snowmass Village, CO County Account Number: R002174 County Parcel Number: 264536401005 Amount Due: $560.06 6. Owner: Alan Lamb Mailing Address: 9250 Lyndon B Johnson Fwy. Dallas, TX 75243 Legal Description: MELTON RANCH UNIT ONE, Lot: 36 Physical Address: 259 Terrace Drive Snowmass Village, CO County Account Number: R002652 County Parcel Number: 273301101007 Amount Due: $619.30 7. Owner: P & G LC Mailing Address: 21 Calistoga Irvine, CA Legal Description: RIDGE RUN UNIT 3, Lot: 31 Physical Address: 85 Bridle Path Lane Snowmass Village, CO County Account Number: R001750 County Parcel Number: 273301403031 Amount Due: $619.30 8. Owner: Anne Shari Camner QPRT Mailing Address: 2665 S. Bayshore Dr. #100 Miami, FL 33133-5402 12-09-19 TC Packet Page 16 of 89 17 3 Legal Description: TWO CREEKS (EAST VILLAGE) Lot 1 Physical Address: 601 Two Creeks Dr. Snowmass Village, CO County Account Number: R014821 County Parcel Number: 273506305001 Amount Due: $565.93 9. Owner: David L. & Phyllis W. Starensier Mailing Address: 1355 Sage Ct Aspen, CO 81611 Legal Description: MELTON RANCH UNIT 2, Lot 16 Physical Address: 239 Meadow Road Snowmass Village, CO County Account Number: R002331 County Parcel Number: 264536404003 Amount Due: $619.30 10. Owner: Elliot D. Webb Family Trust Mailing Address: 3550 Wilshire Blvd #840 Los Angeles, CA 90010 Legal Description: RIDGE RUN UNIT 1, Lot 5 Physical Address: 71 North Ridge Lane Snowmass Village, CO County Account Number: R002127 County Parcel Number: 273506203005 Amount Due: $619.30 11. Owner: Lefano & Denise Elia Mailing Address: 2816 NE 36th Street Fort Lauderdale, FL 33308 Legal Description: WILDRIDGE UNIT TWO, Lot: 22 Physical Address: 13 Wild Ridge Lane. Snowmass Village, CO County Account Number: R001764 County Parcel Number: 264536102019 Amount Due: $560.34 12. Owner: Wildridge Partners LLC Mailing Address: PO Box 1219 Carbondale, CO 81623 12-09-19 TC Packet Page 17 of 89 18 4 Legal Description: WILDRIDGE UNIT TWO, Lot: 4 Physical Address: 446 Oak Ridge Road Snowmass Village, CO County Account Number: R002326 County Parcel Number: 264536102009 Amount Due: $1,208.90 12-09-19 TC Packet Page 18 of 89 19 Page 1 of 3 Town of Snowmass Village Agenda Item Summary December 9, 2019 Agenda Item: RESOLUTION NO. 41, SERIES OF 2019: A RESOLUTION ACTING ON APPLICANT’S SECOND REQUESTED ONE-YEAR EXTENSION OF A FINAL PLAN PUD AMENDMENT APPLICATION SUBMISSION BEYOND THE PRIOR ONE-YEAR DEADLINE EXTENSION GRANTED BY RESOLUTION NO. 39A, SERIES OF 2019, ON DECEMBER 10, 2018 TO JANUARY 2, 2020, AND EXTENDING FOR ANOTHER YEAR TO JANUARY 2, 2021, FROM THE APPROVAL OF THE PRELIMINARY PLAN RESOLUTION NO. 7, SERIES OF 2018, ON JANUARY 2, 2018, PURSUANT TO SECTION 16A-5-340(N), ‘EXPIRATION,’ OF THE MUNICIPAL CODE. Presented By: Jim Wahlstrom, Senior Planner AICP/MPCD Background: On January 2, 2018, the Town Council approved the Enclave’s Preliminary Plan Major PUD Amendment application and granted via Resolution No. 7, 2018 the applicant permission to proceed to a Final PUD application submission. According to the municipal code provisions further below, the applicant has one year to submit the Final PUD application. On December 10, 2018, the Town Council passed Resolution No. 39A, Series of 2018, to grant a one-year extension of the Final Plan submission up until January 2, 2020. In a letter dated November 15, 2019, the applicant has requested a second one-year extension to file the Final Plan application until January 2, 2021. While this request and action does not require a public hearing, town staff received an email message dated December 4, 2019 and a referenced letter dated October 10, 2019 from an attorney representing the owner of unit number 313 within the Enclave expressing concerns mainly regarding representations in the prior preliminary plan application (reference Attachment 2). The Applicant’s representative has responded to this letter with a response dated October 17, 2019 (reference Attachment 3). Municipal Code provisions: Pursuant to Section 16a-5-340(n), ‘Expiration,’ of the municipal code it states: “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 12-09-19 TC Packet Page 19 of 89 20 Page 2 of 3 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 and said extension is approved by at least three-quarters (¾) of the Town Council members of the Town Council present and voting.” The municipal code specifically states that the Town Council may “at its sole discretion and for good cause shown” grant an extension beyond the one-year deadline from the date of preliminary plan approval to submission of a Final Plan application. Staff supports this request for a another one-year extension and offers the following comments for consideration: a) The 2018 Comprehensive Plan was adopted by Town Council via Ordinance No. 9, Series of 2018 on December 17, 2018. Proposed municipal code updates that are consistent with the Comprehensive Plan policies are already in process or under review. Once adopted and codified, these code changes could affect the Enclave’s proposal. b) The Applicant’s letter states that no developer has yet been selected, and the Enclave wishes to extend the time available to assemble and file a final plan submission for another 12 months. During that period, the applicant plans to continue negotiating with potential developers for the project. c) The applicant’s letter also states that the substantial investments of time and resources made by the Town and the Association in the preliminary approval process represents “good cause” for approving the Association’s request for an additional 12-month extension of the time available to submit its Final Plan application. Pursuant to the condition in Resolution No. 39A, Series of 2018, staff recommends that that if the Applicant is granted another one-year beyond January 2, 2020, the Final Plan application should demonstrate compliance with the municipal code processes, procedures and review standards in effect at the time of the Final PUD application submission. Financial Impact: There is no Town fiscal impact associated with the request. Once a Final Plan application is submitted, a base fee would be collected together with a fee agreement for the purpose of reimbursing the Town for its time in processing the application. Applicability to Council Goals & Objectives: Not applicable for this item. Council Options: 12-09-19 TC Packet Page 20 of 89 21 Page 3 of 3 Town Council may approve, approve with conditions or deny Resolution No. 41, Series of 2019 (Attachment 1), regarding the second request to extend the deadline another year for the submission of the Enclave’s Final Plan application, in this case up until January 2, 2021. By code, a super-majority vote of the Town Council is required to grant this extension request. Staff Recommendation: It is the recommendation of Town Staff, that the Council, by motion: Approve Resolution 41, 2019 granting another one-year extension for the Enclave’s Final Plan application submission and further informing the applicant that the application will be expected to meet the ordinances in place at the time of said application. Attachments: 1: Town Council Resolution No. 41, Series of 2019, with its Exhibit ‘A’ of the Applicant’s letter dated November 15, 2019 explaining their “good cause shown” pursuant to the municipal code criteria for extending the deadline again for a Final Plan application submission. 2: Email message dated December 4, 2019 and a referenced letter dated October 10, 2019 from an attorney representing the owner of unit number 313 within the Enclave expressing concerns mainly regarding representations in the prior preliminary plan application. 3: Applicant representative’s response dated October 17, 2019 to the letter above. 12-09-19 TC Packet Page 21 of 89 22 ATT ACHMENT 1 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 RESOLUTION NO. 41 4 SERIES OF 2019 5 6 A RESOLUTION ACTING ON APPLICANT’S SECOND REQUESTED ONE-7 YEAR EXTENSION OF A FINAL PLAN PUD AMENDMENT APPLICATION 8 SUBMISSION BEYOND THE PRIOR ONE-YEAR DEADLINE EXTENSION 9 GRANTED BY RESOLUTION NO. 39A, SERIES OF 2019, ON DECEMBER 10, 10 2018 TO JANUARY 2, 2020, AND EXTENDING FOR ANOTHER YEAR TO 11 JANUARY 2, 2021, FROM THE APPROVAL OF THE PRELIMINARY PLAN 12 RESOLUTION NO. 7, SERIES OF 2018, ON JANUARY 2, 2018, PURSUANT 13 TO SECTION 16A-5-340(N), ‘EXPIRATION,’ OF THE MUNICIPAL CODE. 14 15 WHEREAS, the Enclave Preliminary Plan Major PUD Amendment 16 application was approved by Town Council with conditions on January 2, 2018 17 via Resolution No. 7, Series of 2018 granting permission to the applicant to 18 submit a Final Plan application; and 19 20 WHEREAS, Pursuant to Section 16A-5-340(n), ‘Expiration,’ of the 21 municipal code it states: “The applicant shall be required to submit the final plan 22 application within twelve (12) months after the date of preliminary plan approval. 23 Failure to submit the application within this time period shall render the 24 preliminary plan null and void, and require the applicant to submit a new sketch 25 plan for review by the Town. The Town Council may, at its sole discretion and for 26 good cause shown, grant an extension of the deadline to submit a final plan 27 application, provided that the applicant requests such an extension in writing no 28 less than thirty (30) days prior to such lapse and said extension is approved by at 29 least three-quarters (¾) of the Town Council members of the Town Council 30 present and voting;” and 31 32 WHEREAS, on December 10, 2018, the Town Council passed Resolution 33 No. 39A, Series of 2018, to grant a one-year extension of the Final Plan 34 submission up until January 2, 2020; and 35 36 WHEREAS, in a letter dated November 15, 2019, the applicant has 37 requested a second one-year extension to file the Final Plan application until 38 January 2, 2021; and 39 40 WHEREAS, the second request to extend the submission of the Final 41 Plan application to January 2, 2021 was scheduled for consideration by the 42 12-09-19 TC Packet Page 22 of 89 23 19-41 TC Reso Page 2 of 3 Town Council at a meeting December 9, 2019 to hear the recommendations of 43 the Town Staff or other comments that may be offered or received; and 44 45 WHEREAS, the second request extension was processed, reviewed and 46 then considered by the Town Council pursuant to Section 16A-5-340(n), 47 ‘Expiration,’ of the Preliminary Plan’s procedural portion of the Municipal Code. 48 49 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of 50 Snowmass Village, Colorado: 51 52 Section One: Findings. The Town Council finds that: 53 54 1. The Applicant submitted a letter dated November 15, 2019, meeting the 55 municipal code’s mandated 30-day deadline for an extension request, 56 explaining the reasons or justification for complying with the “good 57 cause shown” criteria in the municipal code. 58 59 2. After the review and evaluation, the Applicant has submitted sufficient 60 reasons or justification to demonstrate “good cause shown” pursuant to 61 the code criteria for granting an extension of the Final PUD application 62 submission beyond the first requested and granted one-year deadline 63 extension. 64 65 3. There are no public hearing notification requirements in the municipal 66 code to consider a request to extend the deadline for a Final PUD 67 application submission. 68 69 Section Two: Action. The Town Council hereby grants the Enclave’s second 70 request to extend the deadline for another year of the Final Plan Major PUD 71 Amendment application until January 2, 2021 subject to the Applicant complying 72 with the conditions below in Section Three of this Resolution. 73 74 Section Three: Conditions. Pursuant to the condition in Resolution No. 39A, 75 Series of 2018, and as a carry over, the Final Plan major PUD Amendment 76 submission shall comply with the processes, procedures and review standards 77 municipal code in effect at the time of the Final PUD application is submitted 78 beyond January 2, 2020. 79 80 Section Four: Severability. If any provision of this Resolution or application 81 hereof to any person or circumstance is held invalid, the invalidity shall not affect 82 any other provision or application of this Resolution which can be given effect 83 without the invalid provision or application, and, to this end, the provisions of this 84 Resolution are severable. 85 12-09-19 TC Packet Page 23 of 89 24 19-41 TC Reso Page 3 of 3 86 INTRODUCED, READ, AND APPROVED by the Town Council of the Town of 87 Snowmass Village on December 9, 2019 upon a motion by Town Council 88 Member ___________, the second of Town Council Member __________, and 89 upon a vote of ___ in favor and ___ against. 90 91 TOWN OF SNOWMASS VILLAGE 92 TOWN COUNCIL 93 94 95 _____________________________ 96 Markey Butler, Mayor 97 98 99 ATTEST: 100 101 102 __________________________________ 103 Rhonda B. Coxon, Town Clerk 104 105 APPROVED AS TO FORM: 106 107 108 __________________________________ 109 John C. Dresser, Jr., Town Attorney 110 111 112 Exhibits incorporated: 113 A. Applicant’s letter dated November 15, 2018 requesting extension of the 114 deadline to January 2, 2021 for the submission of the Enclave’s Final Plan 115 application. 116 12-09-19 TC Packet Page 24 of 89 25 From: Jonah Hunt <JHunt@ochhoalaw.com> Sent: Wednesday, December 4, 2019 2:19 PM To: Rhonda Coxon <rcoxon@tosv.com> Cc: Marc Patenaude <Oakisles1@aol.com> Subject: Enclave Major PUD Amendment - Opposition to further extension To Whom It May Concern: Our office represents Dr. Marc and Patricia Patenaude, owners of two units in the Enclave Association. We write in opposition to the Town granting any further extensions to the Association to submit a final PUD application. Please see the attached, prior correspondence. Moreover, we understand that the Association is asking for an extension because a reputable developer cannot be found. $700,000 of owner funds have already been spent by the Board after the owners permitted it to investigate the possibility of an expansion. Yet, no developer has been identified, no contract finalized. The Patenaudes are also concerned about the material misstatements in the preliminary application. To our knowledge, the Board has not amended the Association’s application even after becoming aware of misstatements. Thank you. Jonah Hunt Orten Cavanagh & Holmes, LLC 1445 Market Street, Suite 350 | Denver, CO 80202 Direct 720-221-9783 | Main 720-221-9780 Website | vCard The information contained in this email message is attorney privileged and confidential intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at the main number listed above. ATTACHMENT 2a 12-09-19 TC Packet Page 27 of 89 26 1445 Market Street, Suite 350 ● Denver, CO 80202 ● 720-221-9780 ph ● 720-221-9781 fax 14 N. Sierra Madre Street, Suite A-1 ● Colorado Springs, CO 80903 ● 719-457-8420 ph ● 719-457-8419 fax 888-841-5149 toll free ● www.ochhoalaw.com ● info@ochhoalaw.com October 10, 2019 Via Email: CFord@tosv.com; JWoods@tosv.com Julie Ann Woods, Director Cindy Ford, Secretary Community Development Department 130 Kearns Road P.O. Box 5010 Snowmass Village, CO 81615 Re: Enclave Major PUD Amendment Our File No.: 2747.002 Dear Mesdames Woods and Ford: Orten Cavanagh & Holmes, LLC represents Dr. Marc and Patricia Patenaude, owners of units 212 and 313 within The Enclave Association, Inc. (“Association”). We understand that the Town Council granted approval with conditions of the Association’s Preliminary Plan application last year pursuant to Resolution No. 7, 2018 and that the applicant is proceeding to the Final PUD application stage. We further understand that the applicant received a one-year extension by the Town Council earlier to submit the Final PUD application by January 2, 2020, pursuant to Resolution No. 39A, 2018. We would like to address what we perceive to be misrepresentations of the applicant with respect to its application dated November 29, 2016, and as revised January 31, 2017. The applicant represented the following: “Except for the views from Units 113 and 213, vistas from existing units in The Enclave will not be impacted by the construction of the new units. The Association has agreed to compensate the affected owners of Units 113 and 213 by building an additional room of 332 square feet on each of those units.” Page 8, Section 1.E. “The proposed location and height of the new building and the associated new units has been carefully designed to maximize views from the new units and to minimize the impact on the views from existing units in The Enclave…” Page 26, Section 5. “Views from…existing portions of The Enclave, will be preserved.” Page 29, Section 5. Jonah G. Hunt Direct: 720.221.9783 jhunt@ochhoalaw.com ATTACHMENT 2b 12-09-19 TC Packet Page 28 of 89 27 October 10, 2019 Page 2 In fact, the views from unit 313 will be materially impacted by the proposed construction; perhaps more so than any other unit in the community. The Association’s Board President met with our clients in the unit and reviewed line of sight models designed by Jim Gustafson from ZGroup Architects to reflect what impact the proposed development would have on existing views. The impact was striking. Thus, the Association knew or should have known that the above statements in the application were and are untrue, and that the Town would rely on them in evaluating the application. On September 8, 2019, the Association further represented to our clients that “a mutually acceptable mitigation agreement was agreed to by those two owners and the Association. That mitigation agreement is transferable to subsequent owners of those units and was approved by the Town.” The Association does not in fact have agreements in place with the current or former owner of unit 113, or the current or former owner of unit 213, to waive their rights to legal action with respect to any view obstruction from the proposed development. Moreover, no such agreement is reflected in the chain of title for either unit. The Patenaudes oppose the application for many reasons, but principally for the deleterious impact the same would have on the views from its units, as well as those of units 113 and 213 in the Association. The applicant should be making accurate statements to the Town when they involve a material impact on vested private property rights. Thank you. Sincerely, Jonah G. Hunt ORTEN CAVANAGH & HOLMES, LLC JGH/ 12-09-19 TC Packet Page 29 of 89 28 LAW OFFICES OF E. MICHAEL HOFFMAN, P.C. 520 EAST COOPER AVENUE, UNIT C-7 P.O. BOX EE ASPEN, COLORADO 81612 TELEPHONE: (970) 544-3442 FACSIMILE: (970) 236-2464 E-MAIL: mhoffman@emhlaw.net October 17, 2019 Ms. Julie Ann Woods By Email (JWoods@tosv.com) Community Development Director Town of Snowmass Village P.O. Box 5010 Snowmass Village, Colorado 81615 Re: Letter from Orten, Cavanagh & Holmes, LLC dated October 10, 2019 Dear Julie Ann; The Enclave Association, Inc. received from Town Attorney John Dresser a copy of the letter dated October 10, 2019 from Mr. Jonah Hunt, an attorney at Orten, Cavanagh & Holmes, LLC. The letter was addressed to you and Cindy Ford and alleged that the Association misled the Town in regard to the visual impact of the proposed “expansion project” on existing units within the Enclave project. My client and I stand by each of the statements made in the land use application to the Town. I will address the substantive points raised in the letter, but first I want to point out a couple of “realities” concerning Dr. and Mrs. Patenaude’s position. Marc and Patricia Patenaude bought their first unit in the Enclave, Unit 212, on December 12, 2014. Unit 212 is located on the second floor of the western wing of the project, one unit away from the column of units which will overlook the expansion project. A few months after the Patenaudes’ purchase of Unit 212, Dr. Patenaude attended the Association’s annual regular membership meeting held March 8, 2015. At that meeting a proposal to the develop land located in the northwest corner of their property (the expansion project), was discussed as a potential method of funding renovation and improvement projects required or desired at the Enclave. Each of the projects was essentially the same as was eventually described to the Town in the Association’s land use application. The Patenaudes participated in the discussion. On July 9, 2015, the members of the Association held a special meeting in which they considered the renovation, improvement and expansion projects. All members of the Association, including Dr. and Mrs. Patenaude, received notice of the meeting by U.S. mail. As reported in the minutes of the special meeting, the members were very supportive of the expansion project “because they saw it as a potential method of recouping some of the cost of” the renovation and improvement projects. ATTACHMENT 3 12-09-19 TC Packet Page 30 of 89 29 Julie Ann Woods, Community Development Director October 17, 2019 Page 2 The Association submitted its application to the Town on November 29, 2016. The application was reviewed by the Planning Commission and Town Council throughout 2017 and finally approved on January 2, 2018. The Association’s Board of Directors provided the members periodic updates on the review process. At the annual meeting held March 5, 2017, Jim Gustafson and Randy Henrie of Z-Group Architects again presented in detail what was being requested from the Town and the procedural steps necessary to actually build the expansion project if it were approved. The only question raised by the Patenaudes was whether a ski locker room was included in the project. Dr. and Mrs. Patenaude bought their second unit (Unit 313) on March 29, 2018 – almost three months after the Town granted Preliminary Approval of the Association’s application for the expansion and improvement projects. It is difficult to understand how they can now claim that construction of the expansion project will have a deleterious impact on views from their unit when the Patenaudes have known the details of the project for at least four and a half years, never before voiced opposition nor did the prior owner of the unit and bought their second unit directly facing the expansion project several months after Preliminary Approval was granted by the Town. As for the allegations of “misrepresentation” asserted by Mr. Hunt, it is important to note that Units 113 and 213 are below the Patenaudes’ Unit 313 and both Units 113 and 213 have a window overlooking the expansion project. The prior owners of Units 113 and 213 requested that the Association mitigate their respective view plane issues from that window in their respective units. The Association agreed that, in the event the Town approves the request for Final PUD Amendment, each owner will be permitted to add the floor area requested in the Preliminary PUD Amendment application. Unit 313 does not have a similarly located window. The former owner of Unit 313 did not raise any view plane issues nor ask for any mitigation as did the owners of Units 113 and 213. In his letter, Mr. Hunt relates the story of how the current Board president and Mr. Gustafson in separate meetings met with the Patenaudes “to reflect what impact the proposed development would have on existing views.” According to Mr. Hunt, the result was such that the “Association knew or should have known that the statements made in the [land use] application were and are untrue.” The meeting described by Mr. Hunt took place earlier this year, long after the Association filed and processed its application. Even if the Association agreed with Mr. Hunt’s assessment, which it does not, there is no process for amending a land use application that was filed three years ago and which was approved almost two years ago. All aspects of the Enclave’s application for Preliminary Approval were previously presented and discussed at multiple meetings of the Homeowners Association as well as reported on the internet -- all of which were available to the Patenaudes prior to the purchase of their second unit, Unit 313. Please let me know if you need any additional information in regard to the allegations made in the letter. 12-09-19 TC Packet Page 31 of 89 30 Julie Ann Woods, Community Development Director October 17, 2019 Page 3 Sincerely Michael Hoffman cc: John C. Dresser, Esq. 12-09-19 TC Packet Page 32 of 89 31 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: December 9, 2019 AGENDA ITEM: Discussion with Jazz Aspen Snowmass about the Labor Day Music Festival PRESENTED BY: Mayor Markey Butler, Jazz Aspen Snowmass Ex-Officio Board Member James Horowitz, Jazz Aspen Snowmass (JAS), Founder/President/CEO BACKGROUND: At the request of the Mayor, Jim Horowitz, President & CEO of JAS, and his staff have been invited to the December 9th meeting to have an informal discussion with the Town Council. JAS staff would like to broadly discuss the JAS Labor Day Music Festival, our partnership, and the future of the popular event in Snowmass Village. 12-09-19 TC Packet Page 33 of 89 32 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: December 9, 2019 AGENDA ITEM: Location of Fanny Hill Concert Stage Discussion PRESENTED BY: Rose Abello, Tourism Director Clint Kinney, Town Manager BACKGROUND: At the request of the Town Council, this topic has been scheduled as an initial discussion to explore the different location options of the Fanny Hill concert stage. The current layout and stage location is shown in the image below, during a summer day with an event also occurring on the Base Village events lawn. At the meeting on December 9, Town staff would simply like additional direction and feedback from the Town Council. Staff will then further explore the Town Council’s preferences to determine the costs, impacts, and potential benefits of relocating the stage and adjusting the venue from its current configuration. 12-09-19 TC Packet Page 34 of 89 33 12-09-19 TC Packet Page 35 of 89 34 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: December 9, 2019 AGENDA ITEM: PUBLIC HEARING - Snowmass Center Major Planned Unit Development (PUD) Preliminary Plan Review – Variance Focused Meeting PRESENTED BY: Brian McNellis- Senior Planner BACKGROUND: It was determined at the December 2nd meeting that subsequent public hearings shall focus on the following topics: • Review of Requested Variances – Height (views/shadowing), Parking, Residential Unit Count, and 30% Slopes • Snowmass Center and Base Village Connectivity, Circulation, and Transit • Community Purpose (Benefit) – Monetary Contribution vs. “Brick & Mortar” Assets • Street Level Services and Retail • Construction Phasing • Conditions of Approval (as identified by Staff and Town Council) The focus of this meeting will be to discuss the variances requested as part of the Snowmass Center PUD application. These are: • Height • Residential Unit Count • Parking Count • Encroachment into 30% Slopes Pursuant to Section 16A-5-300(A): The purpose of the planned unit development (PUD) is to permit variations from the strict application of certain 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 achieve a more desirable environment than would be possible through the strict application of the minimum standards of this development code. Specifically, it is the purpose of the planned unit development process to: 12-09-19 TC Packet Page 36 of 89 35 1. Allow creativity 2. Allow variations that are beneficial to the project Note: All recommended conditions that pertain to the variance requests below are highlighted in PC Resolution No. 5 (see attached).  Height: The applicant is requesting to exceed the maximum height of the proposed underlying MU-2 zoning which is 38 feet. Specific buildings within the PUD are designed to be anywhere from 35 to approximately 55.5 feet at their highest point. Pursuant to Section 16A-5-300 (c)(7): Variations to increase the maximum allowable height of structures may be obtained pursuant to the following provisions: 1. A request to grant a variation to increase the maximum allowable height for any individual structure may be granted by the Town Council, provided that at least fifty percent (50%) of the structure for which the variation is sought, as measured utilizing the structure's footprint, conforms to the height limits of the underlying zone district, provided further that no portion of the structure exceeds the height limit of the underlying zone district by more than seventy-five percent (75%). 2. In exceptional and special circumstances, a request to grant a variation to increase the maximum allowable height for individual structures may be permitted to exceed the fifty-percent or seventy-five-percent limitation described in the preceding paragraph, if the applicant is able to sufficiently demonstrate to the satisfaction of the Town Council that: a) Views from surrounding properties, as determined through the use of detailed view plane analysis, which may include computer-generated visualizations, story poles and other methods acceptable to the Planning Director, will not be substantially adversely affected. The surrounding properties to be considered will include those immediately adjacent to the PUD and those that are identified by the Planning Commission and the Town Council during their respective review and public comment periods. b) The proposed structure will be compatible, in terms of height, mass, scale, orientation and configuration, with other structures in the PUD and with adjacent structures. If the variation exceeds the fifty-percent or seventy-five- percent limitations described in the preceding paragraph, the variation and the Preliminary PUD Plan resolution must be approved by at least three- quarters (¾) of the Town Council members present and voting, for good cause shown and by identifying the reasons why the height variation is warranted. As it relates to views and ridgeline protection, the following Land Use standards pursuant to Sec. 16A-4-50 (f) pertain: 12-09-19 TC Packet Page 37 of 89 36 Ridgeline protection areas are those lands that are visible from Brush Creek Road, Owl Creek Road or the Town Community Park and are at the crest or highest elevation of a ridge or hillside or are within fifty (50) feet of elevation, measured vertically, from the crest of a ridge or hillside. These lands frame the natural mountain setting within the Town and include lands outside the Town boundary. It is the intent of the Town to ensure that the mountaintops surrounding Snowmass Village retain their natural appearance by preventing structures from being built at or near the crest of a ridge or hillside…No development of new structures shall be designed or located within a ridgeline protection area in such a way that it will appear to penetrate above the crest of a ridgeline protection area as seen from Brush Creek Road, Owl Creek Road or the Town Community Park when viewed from within the park or road surface edge at a height of five (5) feet. The applicant will come prepared to show updated height analysis and view perspectives based upon the requests from Town Council at the December 2nd meeting. The applicant has indicated that approximately 60% of the buildings in the development will exceed the 38’ height limit of the MU zone district and if so, will require a super majority (3/4) vote to approve height variances for any/all buildings.  Maximum Buildout: As part of the Preliminary Plan submittal, the applicant has offered a calculation (approved by Staff and the Planning Commission) which quantifies the proposed “build-out” for the Faraway North subdivision at 31.5 units. The applicant is proposing a total of 68 free-market residential units which is more than 2x the prescribed unit count. In accordance with Section 16A-5-300, 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…A greater buildout 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 PUDs, and the PUD complies with the other applicable provisions of this Subsection (c), General Restrictions, the standards of Section 16A-5-310, Review Standards, and any other applicable provisions of this Code. No buildout may be permitted 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, for good cause shown, 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 (¾) 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. 12-09-19 TC Packet Page 38 of 89 37 The 2018 Comprehensive Plan states; Higher density residential development could be accommodated on publicly owned parcels west of Town Hall and northeast of the existing Snowmass Center, providing needed housing for local employee and elderly populations. Housing should maintain a balance of freemarket and “restricted” employee units with a variety of housing types and sizes. Staff finds that the accessibility to local services, retail, employment, and transportation associated with the proposed redevelopment justify the Town Council’s consideration of higher residential density within the Faraway Ranch North Subdivision (Snowmass Center).  Parking: the applicant is proposing a total of 320 parking spaces that entails a combination of surface and sub-grade parking. Pursuant to Section 16A-4-310, Shared parking. Off-street parking facilities for separate uses may be provided collectively, if the total number of spaces provided is not less than the sum of the separate requirements of each such use. However, no parking space or portion thereof shall serve as the required space for more than a single use, unless the Town specifically authorizes a shared parking arrangement. In order to obtain approval of a shared parking arrangement, the applicant shall be required to show that the peak use period for the uses will not overlap with one another, that the uses are located on the same or adjoining sites, and that the total number of spaces that would be required for all uses has not been reduced by more than twenty percent (20%). According to Staff calculations, the development is required by code to provide 410 spaces (+/-). The proposed development will accommodate 320 parking spaces which is nearly within the 20% shared parking reduction threshold described above. The applicant has provided a Parking Management Plan that describes parking operations and enforcement (see attachment C)  30% Slopes: Development is prohibited on slopes greater than thirty percent (30%). However, pursuant to Section 16A-4-50: The Town Council may authorize development on slopes greater than thirty percent (30%) if at least three-quarters (¾) of the members of the Town Council present and voting approve an ordinance finding that: a) The development is unable to avoid the steep slopes, and the reasons therefor; and b) On the basis of competent engineering or geologic reports and data and testimony received, the design and/or construction techniques that will be incorporated within the development will satisfactorily mitigate the risk of potential harm to the public health, safety or welfare. 12-09-19 TC Packet Page 39 of 89 38 The proposed development will encroach upon approximately 0.85 acres which is a small fraction of the total development area (see attachment D). The applicant has included a geotechnical report that determines the developability of the slopes and specifies the methodology required to build on said slope areas (see attachment E) A digital version of the application can be found at: https://docs.tosv.com/WebLink/Browse.aspx?id=128293&dbid=0&repo=TOSV FINANCIAL IMPACT: This project will have a financial impact on the Town. It may rejuvenate the primary, locally-serving commercial center of the community thereby boosting commerce and sales tax collected. The proposal has the potential to enhance the overall character, services, and retail amenities of the Town which may leverage Snowmass Village as a tourist destination and Snowmass Center as a locally serving community center. That said, the proposal entails a substantial influx in the local housing inventory (and commercial space) obligating the Town and special districts for additional services, including fire protection, shuttle service, trash removal, snow plowing, police protection, etc. The Town Council should also consider cost/benefits associated with the proposed pedestrian bridge (or aerial conveyance) that would connect Snowmass Center and Base Village. Considering the amount of capital that would be required to design/build the bridge (approx. $4 million), minus the applicant’s suggested monetary contribution ($750,000), the Town may be left to fund a bridge or conveyance project that has not yet been designed. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: This project facilitates most of the Town Council goals established in 2019 including Affordable Workforce Housing, Community Building, Safety, and (financial) Resiliency. • Although the project is not obligated to provide affordable Housing for commercial square footage totaling less than 77,000 square feet, the project is required to mitigate for the additional free-market residential proposed (roughly 100,322 square feet for 68 free-market units). The Applicant’s proposal exceeds the mitigation requirement by slightly over 2,000 square feet. • The project will enhance Community Building and vitality through the creation of community gathering spaces. • The Applicant proposes modal connectivity with their suggested monetary contribution to a bridge across Brush Creek for an elevated pedestrian route between Base Village and Snowmass Center. • The project may foster fiscal resiliency through an increased commercial tax base. COUNCIL OPTIONS: 12-09-19 TC Packet Page 40 of 89 39 The Town Council shall consider all relevant materials and testimony, shall consider the standards of Section 16A-5-310 and Section 16A-5-340 and shall, by resolution, approve, approve with conditions or deny the application. An approval would allow the application to proceed to Final Plan submission which can be reviewed by the Planning Commission at the discretion of Town Council. STAFF RECOMMENDATION: Staff recommends that Town Council open the public hearing and hear further presentation of the project by Staff and the applicant, ask questions, and accept public input. The Public hearing should be continued to January 6, 2020. ATTACHMENTS: A. Revised Site Plan, June 2019 B. Shadow Analysis C. Parking Management Plan D. 30% Slope Map E. HP Geotechnical Report F. Planning Commission Resolution 5, Series 2019 G. November 4th Staff Report 12-09-19 TC Packet Page 41 of 89 40 TOWN HALL LOWER KEARNS ROADUPPER KEARNS ROADBRUSH CREE K R O A D ALPINE BANK WOODBRIDGE CONDOS CONOCO 0 50 100 BUILDING 4A BUILDING 4B BUILDING 3A BUILDING 3B BUILDING 2A BUILDING 5A BUILDING 6A BUILDING 6B BUILDING 5B BUILDING 1A BUS TRANSIT BRIDGE TO BASE VILLAGETO ASSAY H ILL UNDERGROUND PARKING FOOTPRINT (DASHED) SURFACE PARKING - 51 STRUCTURED PARKING - 138 BUILDING 2B 1 1 1 2 3 4 5 6 7 8 2 3 4 5 6 7 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 2 3 4 5 6 7 8 9 10 11 12 13 17 18 21 22 19 20 14 15 16 252423 26 27 28 29 30 31 32 33 34 35 38 36 37 39 40 41 43 42 44 45 46 47 4849 5051 9 HC VAN8HC 9 10 11 12 13 14 SNOWMASS CENTER SNOWMASS VILLAGE, COLORADO ILLUSTRATIVE SITE PLAN SHOPPINGCARTS 12-09-19 TC Packet Page 42 of 89 41 Ÿ-IDLANDŸ!VENUEŸ\Ÿ0/Ÿ"OXŸŸ\Ÿ"ASALT Ÿ#OLORADOŸŸ  Ÿ\ŸWWWCCYARCHITECTSCOM$!4%$2!7.Ÿ"9#(%#+%$Ÿ"902/*%#4Ÿ.5-"%2)335%()34/293#!,%˜Ÿ#/44,%Ÿ#!22Ÿ9!7Ÿ!2#()4%#43 Ÿ,4$+%9Ÿ0,!.ŸŸf !UTHOR3/,!2$)!'2!-3! 3-#Ÿ/6%2!,,Ÿ02/*%#4ŸŸ3)4%02%,)-).!29Ÿ0,!.Ÿ+%!2.3Ÿ2/!$ Ÿ3./7-!33Ÿ6),,!'% Ÿ#/Ÿ#HECKER5(9'$7('(6&5,37,21ŸŸf ?3-#Ÿ 3/,!2Ÿ$)!'2!--3ŸŸ0-ŸŸf ?3-#Ÿ 3/,!2Ÿ$)!'2!--3ŸŸ!-ŸŸf ?3-#Ÿ 3/,!2Ÿ$)!'2!--3ŸŸ0-ŸŸf ?3-#Ÿ 3/,!2Ÿ$)!'2!-*5.%ŸŸ0-ŸŸf ?3-#Ÿ 3/,!2Ÿ$)!'2!-*5.%ŸŸ!-ŸŸf ?3-#Ÿ 3/,!2Ÿ$)!'2!-*5.%ŸŸ0-12-09-19 TC Packet Page 43 of 89 42 Ÿ-IDLANDŸ!VENUEŸ\Ÿ0/Ÿ"OXŸŸ\Ÿ"ASALT Ÿ#OLORADOŸŸ  Ÿ\ŸWWWCCYARCHITECTSCOM$!4%$2!7.Ÿ"9#(%#+%$Ÿ"902/*%#4Ÿ.5-"%2)335%()34/293#!,%˜Ÿ#/44,%Ÿ#!22Ÿ9!7Ÿ!2#()4%#43 Ÿ,4$+%9Ÿ0,!.ŸŸŸf ##93/,!2$)!'2!-3! 3-#Ÿ/6%2!,,Ÿ02/*%#4ŸŸ3)4%02%,)-).!29Ÿ0,!.Ÿ+%!2.3Ÿ2/!$ Ÿ3./7-!33Ÿ6),,!'% Ÿ#/Ÿ##9ŸŸŸf ?3-#Ÿ Ÿ3/,!2Ÿ$)!'2!-Ÿ$Ÿ!.',%Ÿ/#4/"%2ŸŸ !-ŸŸŸf ?3-#Ÿ Ÿ3/,!2Ÿ$)!'2!-Ÿ$Ÿ!.',%Ÿ/#4/"%2ŸŸ 0-ŸŸŸf ?3-#Ÿ Ÿ3/,!2Ÿ$)!'2!-Ÿ$Ÿ!.',%Ÿ/#4/"%2ŸŸ 0-ŸŸŸf ?3-#Ÿ Ÿ3/,!2Ÿ$)!'2!-$%#%-"%2ŸŸ0-ŸŸŸf ?3-#Ÿ Ÿ3/,!2Ÿ$)!'2!-$%#%-"%2ŸŸ0-ŸŸŸf ?3-#Ÿ Ÿ3/,!2Ÿ$)!'2!-$%#%-"%2ŸŸ!-5(9'$7('(6&5,37,2112-09-19 TC Packet Page 44 of 89 43 Snowmass Center Parking Management Plan October 29, 2019 Page 1 MEMORANDUM To: Town of Snowmass Village Community Development Department (Julie Ann Woods and Brian McNellis) From: Design Workshop (Richard Shaw and Jessica Garrow) Representing Eastwood Snowmass Investors Date: October 29, 2019 Project Name: Snowmass Center Eastwood Project #: Subject: Parking Management Plan This document outlines the proposed Parking Management Plan for the Snowmass Center. The Center contains both surface parking as well as underground parking. This Plan is focused on the parking in the commercial center, specifically that for Buildings 1A, 6A, and 6B. 1. Surface level parking along Main Street: a. Loading and unloading spaces will be reserved for that purpose only. Signage will state the time limits that apply to the loading spaces and will be restricted to hotel shuttle and vans only. b. All remaining surface parking will be limited to one-hour parking. Signage will state the time limits and the violations for exceeding the limit. c. Snowmass Center staff will monitor the surface parking areas to ensure the intended use is being met. 2. Surface Parking behind Building 1A: a. 4 parking spaces dedicated to the commercial uses are located in the parking area behind building 1A, directly across from building 2B. These spaces will be managed by lease terms and will not have a time limit. Clear signage will indicate that these spaces are only for tenants of the Center and will state the violations for unauthorized parking. b. 19 spaces assigned to the restricted housing are located in the parking area behind building 1A, directly across from buildings 2A and 2B. Each restricted housing unit will be provided with a parking permit. The permits will need to be renewed annually and will exist only for residents of the units. The permits will be for the reserved spaces and will not be assigned a specific space. 3. Parking Structure: a. A total of 122 spaces are reserved for the commercial uses in the center, including parking available for tenants and customers. Landscape Architecture Planning Urban Design Strategic Services 120 East Main Street Aspen, Colorado 81611 970.925.8354 designworkshop.com 12-09-19 TC Packet Page 45 of 89 44 Snowmass Center Parking Management Plan October 29, 2019 Page 2 i. All customer parking will be limited to two-hours. ii. Employees will be allowed to park at the Snowmass Center in the underground garage. The total number of parking passes for this use will be restricted by provisions contained in the lease of tenants and will not be restricted to two hours. The allocation of the spaces that are occupied by the employees will managed by the Snowmass Center. b. 16 spaces dedicated to the free-market residential units are located in the garage and will be reserved and marked as such. These areas within the garage will be clearly delineated to ensure the spaces are available for residents and not used by commercial tenants or customers. i. The west side of the structure will include a grouping of the residential spaces, with a single entry gate. These spaces can be accessed by a key card for the residents in building 6A. ii. The east side of the garage will include fold down gates for each individual space. These will be accessed by a remote control, similar in fashion to a traditional garage remote for the residents in building 6B. iii. Individual parking spaces shall be assigned to specific units. The use and management of the residential parking in the garage shall be governed by the individual HOAs, and shall not be the responsibility of the Snowmass Center management. c. During a majority of the year, customers of the center will be able to access the parking garage without entering through a gate. However, in an effort to curb the use of the garage as day skier parking, a control gate will be added during the ski season from December 15 – March 15 and operating from 7:00 AM to 2:00 PM. When the entry gate is in place, each visitor to the center will receive an entry ticket with a two-hour limit and time assignment. When departing the garage, the timing will register the hours of parking, and if exceeded, a penalty fee will be charged. The penalty fee will be adjustable to accomplish the control desired and may be assessed as high as $20 dollars per hour for each hour that exceeds the time limit. Clear and obvious signage will notice the time frame restriction and the penalty assessment. Occasionally, during peak usage, the Snowmass Center management will provide the direct management of the spaces. 4. Management and Enforcement a. Protocols for the use of the Parking Structure and the Main Street surface parking may include direct management by the Snowmass Center management. This may occasionally include private car removal, emergency servicing of vehicles, restrictions on the full use of the garage due to maintenance, and the use of parking management personal to manage parking issues that may arise. b. Tenants will have the ability to validate parking for customers, as needed. Snowmass Center management will have the ability to audit the use of validated parking to ensure it is being used for tenants and customers. 12-09-19 TC Packet Page 46 of 89 45 Snowmass Center Parking Management Plan October 29, 2019 Page 3 c. As is true today, protocols will be in place for occasions when a driver must leave their vehicle over-night for safety reasons. This will include communication between tenants and Snowmass Center management when a tenant or customer must leave their vehicle overnight. When a vehicle is left overnight, and Snowmass Center management is not aware in advance, a note will be left on the car reminding the driver that overnight parking is not permitted. 12-09-19 TC Packet Page 47 of 89 46 GENDLEGSNOWMASS CENTERSNOWMASS VILLAGE, COLORADOTOWNHALLBRUSH CRCCCCCCCCCEEK EROADLOWELLLOWELLLOWELOWER KER KER KER KEKEEEEEKARNSARNSASARNSARNSRNSARNSSARNSSSAARNAARNARARARARRRRARAAARARROARDUPPEPR KESSARNSSSSSSSSSSROARRRRDALPINEBANKWOODBRIDGE CONDOSCONOCOBUILDING1ABUILDING6ABUILDING6BBBUILBUILBUBUIBUILBUIBUILBUIILLLBUILUILLBBBUILLBUILLBBUBUBBBBLILDINGNNNNNGNGNGNNNGNGNNGNGNNNNNNGNNNNNNNDNNNNN5A5A5A5A5A5A55A5A5AA5A5AABUILDINGNNNNNNNNNNNNNNGNNNNNNGNNNNNNNNNNGG5BBUILDING2ABUILDING2BBUILDING3ABUILDING4ABUILDING3BBUILDING4B30% SLOPE ENCROACHMENT ANALYSISϬ ϱϬ ϭϬϬNATURAL SLOPE EXCEEDING 30%MAN-MADE SLOPE EXCEEDING 30% DISTRUBANCE IN AREAS < 30% DISTRUBANCE NATURAL SLOPE EXCEEDING 30%:36,970 SF12-09-19 TC Packet Page 48 of 89 47 12-09-19 TC PacketPage 49 of 8948 12-09-19 TC PacketPage 50 of 8949 12-09-19 TC PacketPage 51 of 8950 12-09-19 TC PacketPage 52 of 8951 12-09-19 TC PacketPage 53 of 8952 12-09-19 TC PacketPage 54 of 8953 12-09-19 TC PacketPage 55 of 8954 12-09-19 TC PacketPage 56 of 8955 12-09-19 TC PacketPage 57 of 8956 12-09-19 TC PacketPage 58 of 8957 12-09-19 TC PacketPage 59 of 8958 12-09-19 TC PacketPage 60 of 8959 12-09-19 TC PacketPage 61 of 8960 12-09-19 TC PacketPage 62 of 8961 12-09-19 TC PacketPage 63 of 8962 12-09-19 TC PacketPage 64 of 8963 TOWNOFSNOWMASSVILLAGEPLANNINGCOMMISSIONRESOLUTIONNO.5SERIESOF2019ARESOLUTIONRECOMMENDINGAPPROVALOFAPLANNEDUNITDEVELOPMENT(PUD) PRELIMINARYPLANAPPLICATIONFORTHESNOWMASSCENTERREDEVELOPMENTANDEXPANSIONWHEREAS,theEastwoodSnowmassInvestors,LP(“Applicant”)submittedaPUDPreliminaryPlanonDecember21,2018asanamendmenttothe currentSPAapprovedpursuanttoOrdinanceNo.22,Seriesof1984;andWHEREAS,saidapplicationproposesredevelopmentandexpansionoftheSnowmass Center(hereafterCenter)toincludenewcommercial,andRestrictedHousingadjacenttomixedusedevelopmentandfree-market,multifamilyresidentialonpropertyknownasParcelsAandreplatofParcelA(theSnowmassCenter),B,F,G,andI,FarawayNorthRanch;andWHEREAS,theinformationpresentedwiththePreliminaryPlanPUDgenerallyproposes:a)anincreaseinthecommercialandofficesquarefootageoftheCenterfrom53,997to58,433squarefeet;b)adding10RestrictedHousingunitsabovethemainleveloftheCenter;c)adding9freemarketunitsabovethemainleveloftheCenter;d)adding6multi-familyunitsimmediatelynorthoftheCenter(Parcel2);e)adding9multi-familyunitsnorthofParcel2(Parcel3);f)adding30multi-familyunitsnorthofParcel3(Parcel4);g)7townhomeunitsimmediatelyeastoftheCenter(Parcel5);h)constructingtwonewmixed-usebuildingssouthofthe Center (Parcel6)thatincludes10,331squarefeetofcommercial/officeusesand7units(5,735squarefeet)offreemarketresidentialabove;i)alongwithapproximately370parkingspacesincluding122subgradeparkingspaces;andWHEREAS,toaccommodatesaiddevelopment,anAmendmenttotheOfficialZoneDistrictMapissoughttorezonethe propertyfromSPAtoMixedUse-2(MU-2)withaPUDoverlay;andWHEREAS,theApplicantisseekingaheightvarianceincreasing themaximumbuildingheighttoapproximately55feetfrom38feetandasharedparkingreductionofabout50parkingspacesfromtheLandUse Coderequirementofapproximately370spaces;andWHEREAS,ajointmeetingbetweentheTownCouncilandthePlanningCommissionwasheldonFebruary19,2019,tohearanoverviewoftheprojectbytheApplicant;and12-09-19 TC PacketPage 65 of 8964 PCReso.5of2019Page2of12WHEREAS,aninitialpublichearingwasheldbeforethePlanningCommissiononMarch6,2019toreviewtheapplication;andWHEREAS,the PlanningCommissioncontinuedhearingstoMarch20,April3, April17,June5,June19,July17,August7,August21andSeptember4of2019tofurtherconsidertheapplicationanddraftresolution.NOW,THEREFORE,BEITRESOLVEDbythePlanningCommissionoftheTownofSnowmassVillage,Colorado:SectionOne:GeneralFindings.ThePlanningCommissionherebygenerallyfindsthat:1)TheApplicantreceivedSketchPlanapprovaltoproceedwithPreliminaryPlanpursuanttoTownCouncilResolution18of2018onApril16,2018.2)TheApplicantsubmittedtheapplicationforPreliminaryPlan ReviewoftheProjectinaccordancewiththe provisionsoftheMunicipalCode.ThePreliminaryPlanPUDapplicationprovidedtheMinimumContentsrequiredpursuanttoSection16A-5-340andincludedwrittenandgraphicmaterialsinsufficientdetailtodeemtheapplicationcompleteforreview.3)ThePreliminary PlangenerallyidentifieslandusesproposedattheCentersitewhichareconsistentwiththeTownofSnowmassVillage2018ComprehensivePlan (the“ComprehensivePlan”)FutureLandUseMapwhichspecifiesMixed-useandMulti-familyResidentialusesforthesubjectparcel.4)Atotalof45 unitsper theComprehensivePlan’sBuildoutAnalysisChartisspecifiedfortheSnowmassCenterandFarawayNorth(Center)developmentareas.TheApplicanthasestimatedthetotalbuildoutforthesubject parcelswithintheCenterandFarawayRanchNorthsubdivisiontobe approximately31.5units,acalculationdeemedacceptablebythePlanningCommission.ThePreliminaryPlanapplicationproposes68residentialunits,exceedingthebuildoutmaximumby36.5units,whichthePlanningCommissionjustifiesasappropriateduetotheproject’sproximitytopublictransportation,localservicesandretail.5)PursuanttoSection16A-5-310(c)(4)(b)asupermajorityvote(%)byTownCouncilisrequiredtoexceed100percentofthemaximumbuildoutdescribedherein.Tothe extentnecessaryforand pertinenttoaPreliminaryPlanlevelofevaluationandreview,theapplicationmaycomplywiththereviewcriteriaforexceedingthemaximumbuildoutasspecifiedinSection16A-5-300(c)(4),subjecttosatisfyingtheapplicableconditionscontainedwithinSectionThreeofthisresolution.12-09-19 TC PacketPage 66 of 8965 PCReso.5of2019Page3of126)TheApplicantisrequestingavariancefromtheheightrestrictionsassociatedwiththeproposedunderlyingMU-2zonefrom38feettoamaximumof55feet pursuanttoPursuanttoSection16A-5-310(c)(7)(a)whichrequiresasupermajorityvote(34)byTownCouncil.Specifically,theApplicantisrequestingamaximumof49feetforbuilding1A,38.4feetforbuilding2A,45.9feetforbuilding2B,49feetforbuilding3A,45.1feetforbuilding3B,50feetforbuildings4N4B,52feetforbuilding5A,55feetforbuildingSB,and51.5feetforbuilding6B.7)Forconsiderationofthe saidvariationrequests(buildoutandheight)theApplicantsuggestsacontributionof$750,000towardsthefuturedesignandinstallationofapedestrianbridgeconnectingtheCenterandBaseVillagewhichmaybeevaluatedpursuanttheCommunityPurposecriteriainMunicipalCodeSection16A-5-300(c)(6).8)Theamountofopenspaceprovidedinandaroundtheaffectedsitesproposedfordevelopmentorredevelopmentexceeding25%areacceptable.9)ThesubjectareaisidentifiedontheComprehensivePlan’sEnvironmentalSensitivityMapasbeingwithintheBrushCreekImpactArea.Thedevelopmentproposalwillbe locatedoutsidetheBrushCreekfloodplainandwetlandsareasandwillimprovestormwaterqualityenteringBrushCreek.10)ThePreliminaryPlan identifieslandproposedfordevelopmentorredevelopmentthatarenotlocatedwithintheWildlifeSensitiveAreasidentifiedintheComprehensivePlan.11)TotheextentnecessaryforandpertinenttoaPreliminaryPlanlevelofevaluationandreview,theapplicationisgenerallyconsistentwiththeprovisionsofSection16A-5-300(c),GeneralRestrictions,oftheDevelopmentCode,subjecttosatisfyingtheapplicableconditionscontainedwithinSectionThreeofthisresolution.12)TotheextentnecessaryforandpertinenttoaPreliminaryPlanlevelofevaluationandreview,theapplicationisgenerallyconsistentwiththeprovisionsofSection16A-5-310,ReviewStandards,oftheDevelopmentCode,subjecttosatisfyingtheapplicableconditionscontainedwithinSectionThreeofthisresolution.13)WhilethisapplicationshouldproceedtotheFinalPlanreviewphase,theApplicantshouldbeawarethatthedeterminationsbythePlanningCommission,baseduponnewinformationrequiredandprovidedattheFinalDevelopmentPlanreviewandasratifiedbyTownCouncil,mayrequireminorchangestotheoveralldevelopmentplan.12-09-19 TC PacketPage 67 of 8966 PCReso.5of2019Page4of12SectionTwo:Action.The PlanningCommissionherebyrecommendstoTownCouncilthattheyacceptthePreliminaryPlanPUDproposingtheSnowmassCenterRedevelopmentandExpansion.TownCouncil shalldetermine whethertoauthorizetheApplicanttoproceedtoaFinalPlanPUDapplication,subjecttothesuggestedconditionsstatedinSectionThreebelow.SaidPreliminaryPlanPUDgenerallyproposestheimprovementsasillustratedinattachedExhibitA.SectionThree:Conditions.TheapprovalgrantedinSectionTwoaboveshallbesubjecttosatisfyingthefollowingconditions:Residences(FreeMarketandRestricted):1)Nolessthan100s.f. ofstorage(connectedorseparate)shallbeprovidedforeachresidentialunit(RestrictedorFree-Market)inBuilding1A.2)Theapplicantshallprovideassurancethat theexteriorcommonspaceassociatedwithbuilding1Awillnotbecomederelictbylooselyregulatedstorageofbicycles,skis,kayaks,grills,etc.Ifnecessary,additionalstoragespaceforboththefreemarketandrestrictedhousingof Building1Amaybeconsideredinthiscommonareaorelsewhereintheproject.3)Applicantshallprovidebetterqualityoutdoorspaceforeachofthe free-marketunitsinBuilding1Abyprovidingseparationbetween decks,eliminatingJuliet-stylebalconies,andsteppingbacktheunitstoprovidefulloutdoorlivingspaces.4)Theapplicantshallensurethereisadequatedepthoftheoutdoor decksfortheemployeeunitsforcomfortableoutdoorlivingspace.5)TheCondominiumdeclarationsshallspecifynooutdoorstorageondecksofseasonalequipment.6)Finishes,storage,appliancesandamenitiesfortherestrictedunitsshallbeofcomparablequalitytothoseinBuilding1Afreemarketunits.7)RestrictedunitsshallbecompletedandissuedCertificatesofOccupancypriortoissuanceofCertificatesofOccupancyforthe freemarketunitsinBuilding1A.8)RestrictedunitsshallbeofferedtoeligibleemployeesundertermsestablishedinaccordancewiththeTownofSnowmassVillagePermanentModerateHousingRegulationsforapriceconsistentwithcurrentsalepricesofcomparablerestrictedunitswithintheTown.ARestrictedHousingAgreementshallbesubmittedwithFinalPlansubmittal.9)Two-bedroom Restrictedunitsshallmeetthesink/toiletseparationrequirementssetforthbytheTown’sHousingprogram.10)Restrictedunitsshallbesubjecttoarecordeddeedrestrictiontoensurethispurposeinperpetuity.Landscaping, PavementandStreetFurnishings:11)FurtherdetailsshouldbeprovidedaspartoftheFinalPlan submittalpertainingtosurfacetreatmentsanddimensionsofallpedestrianaccess12-09-19 TC PacketPage 68 of 8967 PCReso.5of2019Page5of12routes, crosswalks,andsidewalkstoassurethatpedestrianareasaregenerouswithoutdissipatingthevitalityofthestreetscape.12)TheApplicant shalldemonstrateacontrastingsurfacetreatmentforMainStreettoindicatewhendriversaretransitioningintoaquasi-pedestrian,urban environment.Thetreatmentshouldbeabletowithstandstandardsnowremovaltechniques.13)Landscapelightingmayneedtobeincreased(especiallyassociatedwithstairways)and further detailedaspartofFinalPlanSubmissioninaccordancewiththestandardsofthelightingcode.14)Wheneverpossible, theamountofimperviousareashallbereduced,andthehardscapedareasminimizedwithincreasedbioswalesandlandscapedareas.15)TobetteraccommodatesafedeliveriestoBuilding1A,Staffrecommendsthatapedestrian crossingbedemarkedacross“MainStreet”fromthewestservicebayinBuilding6A.Thiswillaccommodatehand carteddeliveriestothewestsideof Building1A.16)Theapplicantshall providemoredesignandlandscapedetailfortheresidential/office“courtyard”onthe2ndfloorofBuilding1A.17)Wheneverpossible,excesswidthalongtheMainStreetcorridorshallbededicatedtothepedestriansidewalksoneachsideofthestreet.18)AspartoftheFinalPlansubmission,moredetailshallbeprovidedforthelandscapedesignofthesecond-floorcommonareaofBuilding1A.19)Moreevergreentreeplantingsshouldbeprovidedonthe backsideofbuildingsSAandSB(east),6B(south),and2A/2B(south)tobetterscreenthesebuildingsasseenfromadjacentproperties.20)Aspecificseedmixneedstobeidentifiedandapprovedfortherevegetationofdisturbedopenspaceareas—especiallynorthofbuildings4Aand4B.21) AspartoftheFinal PUDsubmission,theapplicantshallprovideanoxiousweedmanagementplan.22)Anyexistingbarbed-wirefencingonthepropertyshallberemoved and,ifnecessary,replacedwithwildlifefriendlyfencingpursuanttoPitkinCountystandards.23)ThelandscapingplanshallemphasizemakingimprovementstowildlifelinkagesbetweenBrushCreekandnativehabitatstothenorthofSnowmassCenter.24)AspartoftheFinalPlan submittal,theapplicantshallprovideadetailedtreemitigationplanfortheremovalofanytreespeciesof4”caliperormoreata1:1replacementratio.Architecture:25)EachbuildingintheSnowmass Centershall matchaLEEDstandardofnolessthanSilverasapprovedbytheTown’sBuilding Official.26)Theprojectshall bedesignedwithnon-reflectiveglass,especiallyontheeastsideofBuildings5Aand58soasnottocauseanuisanceforneighboringproperties.12-09-19 TC PacketPage 69 of 8968 PCReso.5of2019Page6of1227)Building6Ashouldraise thestreetlevelstorefrontroofheighttoatleast12feetand articulatetherooflinewithdormersandotherdesignfeatures.Alternatively,the applicantmayexplorerotatingtheroofline90degreestoopenviewsfromthecommercialcentertowardstheskimountain.28)Lightercoloredmaterialsshallbeminimizedonbuildings4Aand4Bsothatthearchitectureblendswiththedark,naturaltonesofthehillsidebeyond.29) AspartoftheFinalPUDReviewsubmission,theapplicantshallcontinuetodiversifythearchitecturalcharacterofeachbuildingwithinthedevelopment.30)AttheTown’sdiscretion,the applicantmayberequiredtoprovideadditionalventilationemissioncontrolsforrestaurantusesshouldcomplaintsarise.31)The commonbalconiesassociatedwiththeFreeMarketunitsaboveClark’sMarketshouldberedesignedtobeindividuallyprivatevs.sharedspace.32)Theapplicantshallexploresteppingbackthethird flooroftheMainStreetfacadestoprovide visualreliefforthestreetscapeandaccommodatemoreresidentialbalconies.33)TheapplicantshallconsiderexpandingtheatriumspaceassociatedwithBuilding1Atoaccommodateaverticalarchitecturalcomponentthatexceedsthe38-footheightlimit.PlanningCommissionrecommendsthatarenderingbesubmittedtoTownCouncilforconsideration.34)TheapplicantshalladheretospecificationsoutlinedintheBGBuildingWorks,LLCletterdatedDecember14,2018(submittedwiththePreliminaryPlan)regardingmechanical,electric, andplumbinginstallations.35) AspartoftheFinalPUDsubmission,theapplicantshallprovidesoundmitigationdetailsfortheairhandlingchillerlocatedinthemechanicalbunkeronthe2’levelof buildingIA.LoadingDocks,SolidWasteandSnowStorage:36) TothesatisfactionofthePublicWorksDepartment,theApplicantshallfurtherdemonstratethattheproposedloadingdocksandotherunloading/loadingareas,canadequatelyaccommodatetheturningmovementsandstackingofsemi-trailer vehicleswithafocusonthewestendservicesofbuilding1A-withoutcompromisingtrafficflowandlandscapedareas.37)ArevisedSolidWasteManagementPlanshallbeprovidedforthecommercialcore andshallbeincludedaspartoftheFinalPlansubmission.38) Tothe extent possible, trashenclosuresshallbeadequatelyscreenedand/orrelocatedtobe outofimmediateviewofroadwaysandmainpedestriancorridors.39)Theapplicantshall provide anupdatedSnowStoragePlanthat showsadequatestorestoragelocationsfornoless thana25-yearsnowstormeventand submitasnowmanagementplanbeforeFinalPlanreview.12-09-19 TC PacketPage 70 of 8969 PCReso.Sot2019Page7of1240)PriortoadoptionoftheFinalPUDafinalverificationfortheturningmovementsshallbesubmittedbyalicensedengineerforreviewandapprovalbythePublicWorksDepartment.Easements:41)TheTownofSnowmassVillageshall notacceptownershipofeasementsconveyingthemaintenanceofinternalroads,driveways,orparkingareasassociatedwiththeSnowmassCenterwiththeexceptionofUpperKearns(betweenBrushCreek Roadtotheshuttleroundaboutandtheinclusionthereofl.42)Theapplicantshall provideageneralaccesseasementonParcelAforthebenefitoftheTownofSnowmassVillagethatwillprovidedirectpedestrianaccesstoandfrom“MeltonRanch’Trailand/orvehicularaccesstoParcelsHandHishouldthoselotsbeacquiredbytheTown.43)AspartoftheconveyanceofParcelItotheTown,theapplicantshalldraftanaccesseasementtothe benefitoftheSnowmassCenterHOAforregularmaintenanceofstormwaterinfrastructureonthatparcel.Parking:44)AdetailedandthoroughlycraftedParkingManagementPlanshall beincludedaspartofFinalPlansubmissionandmustaddressmethodstopreventskierandspecialeventparking.45)EachbedroomintheRestrictedHousingunitsshall beprovidedasingleparkingspacelocatedbetweenbuilding1Aandbuildings2N2B.46)Theapplicantshallprovideadequateparkingspaces/chargingstations(surfaceand/or sub-grade)fortheexclusiveuseofelectricvehicles.Uses47)AspartoftheFinalPlansubmission,theApplicantshallprovideaplantoassurethatretailintheCommercialCorewillremain“communityserving”.TheCommercialCoreneedstoaccommodateamixtureofretailtypes.49)Community-basedcommercialshallbespecifiedinaPUDGuidesubmittedwiththeFinalPlanapplication,whichprovidesassurancethatsuchbusinesseswillbemaintainedandprovidedinthelongterm.Examplesof“community-based”commercialincludebutarenotlimitedto:a)Medicalanddentaloffices;b)Professionaloffices;c)Realestateoffices;d)Grocerystores;e)PostOffice;flDrugstoresandpharmacies;g)Cleaners;Ii)Liquorstores;i)Hardwarestoresj)Restaurants,cafes,coffeeshops;k)Financialinstitutions;12-09-19 TC PacketPage 71 of 8970 PCReso.5of2019Page8of12I)Otherprofessionalandservice-basedretail,servicesandoffices;m)Othersimilartypesofcommunity-baseduses.51)ApplicantshouldprovideclarificationaboutthecontinuedoperationofSundance,Tasters,theHardwareStore,andDryCleaners.52)Notwithstanding thelistabove,noofficeusesshallbe allowedatthestreetlevel(retailandrestaurantsonly)unlessconsentedtobyTownCouncil.Currentoffice-basedservicesandentitiesatthestreetlevelshallbe“grandfathered”andallowedtooccupystreetlevelspacewithintheredevelopedSnowmassCenterat theirdiscretion.RoadImprovements:53)TheApplicant’sTransportationImpactStudysupports theLevelofServiceCestimatedfortheLowerKearnsRoad intersectionifthereisanadditionofarightturnlaneonLowerKearnsRoadtomaintainthelevelofserviceduringthe peakhourtraffic.ThePlanning Commissionrecommendssaidintersection improvementbeimplemented.54)Forroadwaysthatrequireretainingwallfeatures,theApplicantshallprovideaspartoftheFinalPlanReview,design and/orveneerofthewallsforreviewandapprovalbytheTown.55)Theapplicantshall providedetailedinformationaboutthesurfacetreatmentofeachaccessroad,driveway,andparkingarea aspartoftheFinalPlansubmittal.56)TheapplicantshallprovidedetailsregardingthematerialityandtreatmentofpedestriancrossingstoassuretheMainStreetareaperformsasaquasi-pedestrianspace.57)The roadwaynetwork,bothprivateandpublic,shallmeetTownEngineeringstandards.58)MainStreetanditsassociatedon-streetparkingshall complywiththedimensionalstandardsoftheLandUseCodeSection 16-4-310,OffStreetParkingStandards.59)AspartoftheFinalPlansubmittal,theapplicantshallprovidemethodologyforminimizingpotentialvehicularconflictsbetweencarsexitingtheeastsideoftheparkinggarageandcarsroundingthebendfromMainStreetontolowerKearns Road.60)AspartoftheFinalPlansubmission, theapplicantshallprovidedetailedsectionsofroadwayintersectionsectionsthatspecify thewidth ofpedestrian,parkingandroadways.61)TheapplicantshallprovideadetaileddraftDevelopmentAgreementforpublicinfrastructureaspartofFinalPlansubmittal.62)ThetransitcenterloopshallberestrictedtopublicRFTAbusesandTOSVshuttlesonlyandshallbesignedaccordingly.12-09-19 TC PacketPage 72 of 8971 PCReso.5of2019Page9of12Trails,Sidewalks andConnectivity:63)Aspartof FinalPlansubmission, theapplicantshallre-evaluatetheproposedtrailconnectionontheeastsideofbuilding3Aand3Bandofferothertrailalignmentoptionsthatdonotexceed6%grade.64)Theapplicant mustprovidesidewalkaccessalongtheeastsideofbuilding1A(fromthemainloadingdockdowntoMainStreet).65)AsidewalkimprovementontheeastsideofUpperKearnsRoad(betweentheround-a-boutandthe transitcircle)shall beconstructedintheavailableTownofSnowmassVillageright-of-wayatawidththatshallbecoordinatedwiththePublicWorksDepartment.MaintenanceAccess:66) AspartoftheFinalPlansubmission,theapplicantshall providemoredetailaboutmaintenanceaccessforvehiclestothedetentionpondslocatednorthofBuildings4N4B.Fire:67) AspartoftheFinalPlansubmission,theapplicantshallcontinuetocooperatewiththeFireProtectionDistricttoprovide“hardened”buildingmaterialsforeachoftheproposedbuildingtothesatisfactionoftheDistrict.ConstructionManagement:68)Duringconstruction,anydisruptiontoexistingcommercialservicesshallnotexceed2daysormoreandshallrequirenotificationof30daysinadvanceofthescheduleddisruptiontotenants.EmergencysituationsasdeemedassuchbythePoliceDepartmentorPublicWorksshallbeexemptfromthisnotificationrequirement.69) AspartoftheFinalPUDsubmittal,theapplicantshall provideamoredetailedconstructionmanagementplanasreferencedinTOSVOrdinance12,series2007withspecificattentiontodustsuppressionmethods.70)Phasingshallallowthegrocerystoreandpostofficetoremainopenduringconstructionwithminimalprolongeddisruptiontodailyoperations.Anymandatoryclosureofthe grocery storeorpostofficeof2daysormoreshallrequireapublicnotice30priortosaidscheduledclosure.CommunityPurpose:71)Although notofficiallyrecommendedforapproval,themonetarycontributionof$750,000fortheconstructionofapedestrianbridgefromthePointSitetoBaseVillageshall remainasaconsiderationbytheTown.72) AspartoftheFinalPlan Review,theapplicantshallconsidersubsidizedrentforlocallyowned,essentialcommunityservices.73) AspartoftheFinalPlanReviewandtotheextentpossible,theapplicantshallcontinuetoworkwiththeExecutive BranchoftheFederalGovernmenttoimproveandactivatethestreetscapefaçadeofthePostOffice.12-09-19 TC PacketPage 73 of 8972 PCReso.5of2019Page10of1274)TheapplicantshallreserveatenantspaceforthePostOfficeexpansionofupto4,000squarefeettotal,toimprovetheoperationsandefficienciesofthespace.ThereservationshallbeconsideredaCommunityPurposecontributionasrequiredbytheLandUseCode.Thecommitmentforthereservationshallexpireuponthe5thanniversaryofthedateoffinalapprovalofthePUDplan.Water andSanitationRequirements:75) Priortobuildingpermitsubmission,detailedreviewahdapprovalofthewaterandsewersystembySnowmassWater&SanitationDistrict’s(SWSD)engineershallbe required.76)Priortobuildingpermitsubmission,theapplicantshallprovideprovisionsofadetailedWaterandSanitarySewerBasisofDesignReporttoSWSDthatincludesaverageandpeakwaterandwastewaterflowsandanestimateoftotalEQR’sbrokendownbyindividuallivingspaceand commercialclassification.77)Theapplicantshallprovide SWDSwithanirrevocableletterofcreditinanamountacceptabletoSWDSasaguaranteetosecurecompletionoftherequiredpublicimprovements.78)Installationofwaterand sanitation infrastructureshallbeinstalledinaccordancewithSWDSrulesandregulations.79)Theapplicantshallprovideas-builtsurveysandacceptanceofpublicinfrastructurebySWSDtogetherwithatwo-yearwarrantycoveringalldesign and/orconstructiondefectsandaletterofcredittoSWSDintheamountof10%oftotalwaterandsewerconstructioncosts.80)TheapplicantshallprovideadedicationofpublicutilityeasementtoSWDSforallpublicinfrastructuretobeownedbySWSD,inaformandwith titleassurancesasrequiredbySWSD,freeandclearofanyfinancialencumbrances.81)The applicantshallprovidepaymentofsystemdevelopment fees,totheTownand/orSWSD,asapplicableforeachproperty/building.82)ReimbursementofSWSD’scostsincurredinnegotiationandadministrationoftheLineExtensionAgreement(LEA)includingperiodicreplenishmentofa$25,000ProjectFundinadditiontorequiredsecurity.CivilEngineering:83) AspartoftheFinalPUDsubmission,theapplicantshallprovideupdatedcivilengineeringplansoftheentireprojectforreviewandapprovaloftheTown,includingadditionalhydrodynamicseparatorCDSwatertreatmentvaultsatallloadingdocksandparkinggarageforthepurposeofseparatingsandandoilfromparkinglotrun-off84)Theapplicantshalladheretopreviousgeotechnicalreportsprovidedintheapplication,specificallythosefromSeptember24,2008 andOctober26,2007.85)AspartoftheFinal PUDsubmission, theapplicantshallprovideagreementsbetweenAlpineBankandtheapplicantthatitisacceptableto12-09-19 TC PacketPage 74 of 8973 PCReso.5of2019Page11o112improveandutilizeportionsofAlpineBank’spropertyatLowerKearnsandBrushCreekRoadfor trail,snowstorageandstormwaterimprovements.86)AspartoftheFinal PUDsubmission,theapplicantshallprovidemoredetailedinformationaboutthehydrodynamicseparator(CDS)stormwatervaultsandtheremovalofhydrocarbons,organicmaterial,andotherdissolvedelementsfromstormwater.87)AspartoftheFinalPUDsubmission,theapplicantshall providespecificationsonthesizeandsedimentremovalefficienciesoftheproposedconcretesedimentationbasin.88)AspartoftheFinalPUDsubmission,the applicantshallprovidedetailsandmanagementplanwithschedulethataddressesaccesstostormdrainsystemsforregularmaintenanceandcleaning.89)AdetailedmaintenancescheduleforstormwaterinfrastructureshallbeprovidedaspartoftheFinalPlansubmission.Other90)Theplanshall beconsideredforreturntoPlanningCommissionforFinalReviewrecommendation.91)TheapplicantshallprovideaproposedconfigurationofHOAsfortheresidential and commercialcomponentsofthedevelopmentaspartoftheFinalPlansubmission.Acondominiumplatshallberecordedpriortocompletionofconstruction.92)Exceptasmayneedtobeamended,theFinalPlanapplicationshallbeconsistentwiththe provisionsofthisresolution, andwiththedesign,policyorotherrepresentationsmadebytheApplicantduringthePreliminaryPlanPUDreview.12-09-19 TC PacketPage 75 of 8974 PCReso5of2019Page12of12INTRODUCED,READ,ANDADOPTEDbythePlanningCommissionoftheTownofSnowmassVillage,Coloradoonthis4thdayofSeptember2019,withamotionmadebyCommissionmemberFaurerandasecondbyCommissionmemberMarshack,byavoleof5infavor and1opposed.CommissionmemberFridsteinwasrecusedfromreviewingandvotingontheproject.TOWNOFSNOWMASSVILLAGEPLANNINGCOMMISSIONPatrickJ.KeIty,Cha*ersonATTEST:CindyFord’SecretaryAttachments:1.ApprovedSitePlan12-09-19 TC PacketPage 76 of 8975 p - I.. -t .t.—— —. chA DESIGN\WIIKSI lOP ILLUSTRATIVE SITE PLANSNOWMASSCENTER12-09-19 TC PacketPage 77 of 8976 MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department – Brian McNellis, Planner AICP, MLA SUBJECT: Snowmass Center – Faraway Ranch North SPA, Parcels A, B, F, G, and I MAJOR PLANNED UNIT DEVELOPMENT (PUD) and REZONING PRELIMINARY PLAN REVIEW DATE: November 4, 2019 ______________________________________________________________________ I. General Information:  Owner/Applicant: Eastwood Snowmass Investors, LP  Property: Parcels A, B, F, G, and I, Faraway Ranch North Subdivision:  Representative: Design Workshop, Inc. II. Project Summary:  New Commercial/Office uses within existing Snowmass Center – 58,433 s.f. total (current SPA allows up to 77,450 s.f. of commercial with no additional employee housing mitigation) • 6,279 s.f. – new expansion of existing Snowmass Center (Clark’s Market) • 3,305 s.f. – new building 6A • 7,026 s.f. – new building 6B  Commercial Parking – 122 subgrade and 52 surface spaces (174 total)  Residential Parking – 146 spaces (subgrade and surface)  Restricted (For Sale) Housing - New 2nd and 3rd floor above Clark’s Market – 11,346 s.f. (10 units) total  New Free-Market Residential units – 100,322 s.f. (68 units) total • 9 multi-family units on Parcel 1 (above Clark’s Market) • 7 multi-family units on Parcel 1 (across Main Street from Clark’s Market) • 6 townhouse units on Parcel 2 (north of Clark’s Market) • 9 townhouse units on Parcel 3 (north of Clark’s Market) • 30 multi-family units on Parcel 4 (north of Clark’s Market) • 7 townhouse units on Parcel 5 (east of Clark’s Market)  New Public Transit Facility – 2 TOSV shuttle staging capacity III. Applicant’s Request: Approval of the PUD Preliminary Plan pursuant to Code Sections 16A-5-340 of the Land Use Code including:  Rezoning to Mixed-Use 2 with a PUD overlay Staff Response: This zone overlay coupled with a Planned Unit Development request is appropriate for the type of mixed-use development being proposed.  Height Variance (38 feet allowed) 55 feet max requested on Parcel 5 Townhomes and slightly less variance on Building 3A, 3B, 4A, 4B, and 6B). Height variances may be permitted pursuant to Section 16A-5-300(c)(7)(a): a. Height. Variations to increase the maximum allowable height of structures may be obtained pursuant to the following provisions: 12-09-19 TC Packet Page 78 of 89 77 1. A request to grant a variation to increase the maximum allowable height for any individual structure may be granted by the Town Council, provided that at least fifty percent (50%) of the structure for which the variation is sought, as measured utilizing the structure's footprint, conforms to the height limits of the underlying zone district, provided further that no portion of the structure exceeds the height limit of the underlying zone district by more than seventy- five percent (75%). 2. In exceptional and special circumstances, a request to grant a variation to increase the maximum allowable height for individual structures may be permitted to exceed the fifty-percent or seventy-five-percent limitation described in the preceding paragraph, if the applicant is able to sufficiently demonstrate to the satisfaction of the Town Council that: a) Views from surrounding properties, as determined through the use of detailed view plane analysis, which may include computer-generated visualizations, story poles and other methods acceptable to the Planning Director, will not be substantially adversely affected. The surrounding properties to be considered will include those immediately adjacent to the PUD and those that are identified by the Planning Commission and the Town Council during their respective review and public comment periods. b) The proposed structure will be compatible, in terms of height, mass, scale, orientation and configuration, with other structures in the PUD and with adjacent structures. If the variation exceeds the fifty-percent or seventy-five-percent limitations described in the preceding paragraph, the variation and the Preliminary PUD Plan resolution must be approved by at least three-quarters (¾) of the Town Council members present and voting, for good cause shown and by identifying the reasons why the height variation is warranted. 3. For the purposes of administering paragraph (7)a, the Town Council may grant by simple majority vote, a height variation for certain structures, such as flagpoles, antennas and other similar structures which have only a nominal footprint. Staff Response: The applicant is requesting a number of variances beyond the 38-foot height restriction on several building including building 5A, 5B, 4A, 4B, 3A, 3B, and 6B (see attachment K).  Encroachment into 30% Slopes. For the Town to allow development under any of the above circumstances, the applicant shall provide an opinion from a professional geotechnical engineer licensed in the State stating that: a) The slope is not prone to instability or failure; or b). The proposed development will not cause greater slope instability or increase the potential for slope failure, and that therefore, there will be no significant risk that damage to adjacent property will result from the proposed construction. Staff Response: The applicant has provided a geotechnical report from a certified engineer that analyses the soil conditions and required foundation specifications to assure sound development within defined 30% slope areas.  Shared Parking Reduction. A reduction in off street parking standards may be granted pursuant to Section 16A-4-310(c) Shared Parking: Off-street parking facilities for separate uses may be provided collectively, if the total number of 12-09-19 TC Packet Page 79 of 89 78 spaces provided is not less than the sum of the separate requirements of each such use. However, no parking space or portion thereof shall serve as the required space for more than a single use, unless the Town specifically authorizes a shared parking arrangement. In order to obtain approval of a shared parking arrangement, the applicant shall be required to show that the peak use period for the uses will not overlap with one another, that the uses are located on the same or adjoining sites, and that the total number of spaces that would be required for all uses has not been reduced by more than twenty percent (20%). Staff Response: the applicant is proposing a reduction of approximately 50 spaces from nearly 370 required to 320 spaces provided (roughly a 14% reduction but may vary depending upon specific commercial uses).  Brush Creek Impact Review pursuant to Section 16A-4-30(e) Setback: Development shall not take place within the stream channel and shall not alter the channel of Brush Creek or its capacity, except as expressly permitted herein. Development shall be set back a minimum of twenty-five (25) feet, measured horizontally from the outer edge of any riparian or wetland areas that are subject to the provisions of this Section 16A-4-30, Brush Creek Impact Area. Staff Response: A portion of the subject property is located within the Brush Creek Impact Area. The applicant has addressed all applicable standards in the Impact Report that was submitted with the application. No development will occur inside of the 25-foot setback area (Parcel I). There are no known nesting and breeding areas in the Impact Area. The relocated Melton Trail may require tree removal and replacement in accordance with these standards. No changes to the creek are proposed on Parcel I, although a new clean-out/maintenance structure will be added to the area above the creek which will remain out of the revised floodplain. It is expected that storm water quality will be improved as the result of new utilities and infrastructure proposed at the Snowmass Center.  Development Exceeding the Future Buildout Potential of the Site by More Than 65%. Note: In accordance with the buildout matrix adopted as part of the 2018 Comprehensive Plan and methodology offered by the applicant (as approved by Staff) the site is limited to 31.5 residential units. The proposed 68 units exceeds this buildout by more than 100% which triggers Community Purpose (community benefit) standards pursuant to Code Section 16A-5-300(c)6, which includes; 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 is identified within the Comprehensive Plan. Staff Response: The applicant proposes to provide approximately 2,207 square feet more of restricted housing than is required. b) Encourage sustainable development. A parcel's maximum buildout may be achieved, and its dimensional limitations may be varied to encourage sustainable development within the Town that diversifies the mix of lodging, retail and dining uses and that is consistent with the intent of the Comprehensive Plan. Sustainable development may be of the type that creates a sense of place where one can live and work within a small defined service area as well as where recreation, public transportation, 12-09-19 TC Packet Page 80 of 89 79 open space, personal services and shopping are within reasonable walking distance. It may also be where the development includes positive social, environmental or economic benefits that significantly contribute to, greatly enhance or are determined necessary for the sustainability of the community as a whole. Staff Response: In accordance with the Comprehensive Plan, the Faraway Ranch North CPA is recognized as an appropriate location for mixed used development where residents can live, work, and spend their leisure time. 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 quality 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 such lands on adjacent properties shall be accomplished. Staff Response: The applicant proposes to dedicate Parcel I along Brush Creek Road as well as 23.6 acres of dedicated open space that is contiguous with existing open space and will not fragment wildlife habitat. 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. Staff Response: The proposed PUD provides a variety of residential designs that will be established surrounding the commercial and office core. Townhomes and flats are proposed as well as restricted units on the upper floors of the center. This variety of architecture ensures that the type, design and layout of the buildings are harmonious and will not be “cookie cutter” in their configuration. 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 beyond the required mitigation for the project that meet the needs not only of project residents, but also of other residents of and visitors to the Town and shall promote, generally, the public health, safety and welfare. Staff Response: The applicant has provided a proposed list of community purpose benefits that they feel meets the intent of this section of the code. These are included 12-09-19 TC Packet Page 81 of 89 80 (see attachment M). The most significant of the proposed “community benefits” is a $750,000 cash contribution toward a pedestrian bridge or other conveyance to help promote pedestrian connectivity and reduce vehicular traffic to the center. IV. Sec. 16A-5-310. – General Review Standards. In addition to demonstrating 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. Staff Response: The applicant has worked with Planning Staff throughout Sketch and Preliminary Plan to assure compliance with the intent of the Comprehensive Plan as identified below. The proposed redevelopment and expansion proposal are part of the Faraway North and Snowmass Center Comprehensively Planned Area (CPA) which identify components that should be considered as part of a redevelopment proposal for the subdivision:  Encourage mixed-use redevelopment of the Snowmass Center that incorporates a pedestrian friendly space that fosters year-round activity. Thoughtfully-designed streetscapes will provide an opportunity for locals and visitors to gather, dine and interact with one another daily and throughout the year.  Retain essential services such as the Post Office and grocery store while including other related uses that can be accessed collectively during a single visit to the Snowmass Center.  Promote residential development within walking/biking distance to the Snowmass Center that will generate a steady flow of activity and commerce.  Reinforce a well-designed and interconnected system of narrow streets that accommodate slow vehicular traffic for ease of access to services for locals and visitors.  Ensure that redevelopment incorporates seamless transit with safe and pleasant pedestrian connections. A bridge or aerial conveyance between Base Village and Snowmass Center will allow locals and visitors to easily access services, restaurants, and entertainment throughout the Village Core.  Higher density residential development could be accommodated on publicly owned parcels west of Town Hall and northeast of the existing Snowmass Center, providing needed housing for local employee and elderly populations. Housing should maintain a balance of free market and “restricted” employee units with a variety of housing types and sizes.  Any redevelopment should be “authentic” to Snowmass Village and capture important views of Mt. Daly and Snowmass Mountain.  Architecture should be human-scaled and interconnected with pedestrian plazas and outdoor seating areas that offer good solar exposure, lighting, plantings and quality of design. Where possible, upper building floors should be stepped back to create outdoor spaces and roof decks to capture views while activating the streetscape. Staff Response: The proposed design of the Center is consistent with the 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. 12-09-19 TC Packet Page 82 of 89 81 Staff Response: The proposal arguably enhances the character of the current antiquated Snowmass Center with updated/expanded grocery store as well as more commercial services, restaurant spaces, and multi-family residential that will offer vibrancy to the area. The design offers commercial center or “Main Street” component that fosters community gathering, interaction, and vitality. 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. Staff Response: The development utilizes the existing configuration of the Snowmass Center while providing sub-grade parking, thereby allowing for the creation of a double-sided “Main Street” corridor. 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. Staff Response: The applicant has provided a Landscape Plan. The Planning Commission has requested more screening between buildings within/surrounding the development. More detail should be provided for plantings along the streetscapes as part of Final Plan review. 5) Comply with development evaluation standards. The PUD shall comply with all applicable provisions of Article IV of this Development Code, Development Evaluation Standards. Staff Response: The applicant has met these 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. Staff Response: The development will encroach slightly into 30% slope areas, an issue that has been addressed in the geotechnical report submitted with the application. Other potential hazards including rockfall and debris/mud flows will be mitigated by the incorporation of retention basins as recommended. 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. Staff Response: The revised Preliminary site plan doubles the amount of delivery bays currently offered at the Snowmass Center. The design also accommodates a shuttle transit station and provides a hotel shuttle pick-up/drop-off area. 7) 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. 12-09-19 TC Packet Page 83 of 89 82 Staff Response: The proposal suggests a two-way Main Street that allow for access to the Snowmass Center via Lower and Upper Kearns Road. Some roadways will terminate on the upper portions of the development but will incorporate emergency turnaround standards. Pedestrian access from these areas will be adjacent or provided within a reasonable walking distance. 8) 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. Staff Response: The applicant has provided detailed civil engineering reports and drawings that connect proposed utilities to existing infrastructure. The applicant has addressed a majority of Staff’s concerns as it pertains to stormwater management (but is still a work in progress – see attachment D). Easements for associated water and stormwater utilities will be dedicated to the benefit of the Snowmass Water & Sanitation District. 9) Phasing. If the PUD is to be developed in phases, then each phase shall contain the required streets, utilities, landscaping and other public facilities or 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. The pace and phasing shall be evaluated with regard to construction impacts along with possible interruption of construction as it would affect the community as a whole. Staff Response: The draft construction management plan assures minimal interruption to existing community services including the Post Office and the grocery store. 10) Construction Interruptions. The development application shall provide a reasonable restoration and/or remediation contingency plan to mitigate impacts resulting from any potential extended interruption of construction affecting the community as a whole. Surety or security may be necessary to ensure implementation of the plan. Staff Response: The Planning Commission recommended that the applicant be required to provide adequate notification to the Town/community prior to any prolonged interruption of operation and/or services V. 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 and Town Council should consider in a detailed manner during review of the 12-09-19 TC Packet Page 84 of 89 83 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? Staff Response: The applicant has modified the site plan based upon the concerns raised by Planning Commission and Town Council during Sketch Plan review including the configuration of the shuttle transit station. An updated parking management plan has been submitted and is currently under review by Staff for the requested shared parking arrangement which reduces the parking requirement by approximately 14%. As proposed in Sketch Plan, variances for height are requested in the current proposal. 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? Staff Response: As previously mentioned, the applicant is requesting a variance from the 38-foot height limit to a maximum of 55 feet (see attachment K). 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 of 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? Staff Response: The applicant proposes to (more than) double the residential allotment prescribed for the Faraway North Ranch Subdivision in the 2018 Comprehensive Plan. Such a request triggers Community Purpose for which the applicant has suggested a $750K contribution towards the construction of a pedestrian bridge. Staff feels this is substantially lacking as a community benefit when considering the long-term impact of this project and questions the effectiveness of a bridge that will connect Town Hall and Base Village. Staff encourages that the applicant explore other Community Benefit proposals that are “brick & mortar” solutions which can be funded and built by the applicant, including the possibility of offering more restricted housing within the proposal. 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? Staff Response: As previously mentioned, the applicant is requesting to exceed the 38- foot height limit for the proposed MU-2 zone district which will inherently increase the perceived mass of some of the buildings. The applicant should continue to articulate the architecture so that all buildings are complimentary of one another but appear as a collection of individual developments. 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 12-09-19 TC Packet Page 85 of 89 84 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? Staff Response: A majority of the natural open space in the subdivision will be dedicated and maintained by the Town. Although a Landscape Plan has been submitted, more detail needs to be provided regarding species planning varieties and seeding types. Staff feels that more articulation of the landscaping in the common areas and streetscapes need to be offered for reviewed. The applicant should provide more evergreen screening for building facades that potentially exceed the 38-foot height limit (i.e. between Woodbridge condominiums and buildings 5A/5B). As it relates to HOA maintenance of open space, this issue will be further addressed at time of Final PUD submission. 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? Staff Response: The property is rated for severe wildfire danger. The applicant is in on- going discussion with the Roaring Fork Fire Authority regarding the extent of “hardened materials” required for each of the buildings. There are no other significant natural hazards associated with the property. Potential rockfall, mud/debris flows are mitigated by detention basins on the upper portions of the site. The property contains floodplain hazard within Parcel I where no development is proposed. 7) Natural Resource Areas. What is the site-specific location and characteristics of any wildlife habitat areas, riparian areas, wetlands and other valued natural features on the property? What are the anticipated impacts of the proposed development on these features? Has the proposed development been designed so it will comply with the standards of this Development Code that apply to these natural resource areas? Staff Response: The only areas of ecological value include the open space on the uppermost portions of the subdivision and Parcel I along Brush Creek (both of which will be dedicated to the Town). Storm water run-off originating from the upper open space areas and the impervious areas within the development will benefit from new infrastructure that will improve the overall water quality discharged into Brush Creek. 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? Staff Response: The proposed development will, at specific locations, result in significant retainage and therefore substantial soil excavation. The revised construction management plan states that excavated material will be immediately removed from the 12-09-19 TC Packet Page 86 of 89 85 site. Infrastructure for stormwater management will be constructed as part of Phase 1 and shall be finalized prior to commencement of all other construction on-site. 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? Staff Response: Upon the request of Staff, the applicant provided a revised Traffic Report that incorporates traffic counts for the recently completed Limelight Hotel. The results indicate that the current roadways and intersections will adequately accommodate the influx of traffic generated from the redeveloped Snowmass Center - with exception of a Level of Service (LOS) rating of D for vehicles turning left from Lower Kearns onto Brush Creek Road. It was suggested that this intersection could benefit from separate turning lanes (right vs. left turning vehicles). 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 needed public facilities and services be made available concurrently to offset the potential impacts of such development? Staff Response: The applicant has adequately addressed these issues and has provided Will Serve letters from all of the major utility providers. More detail and alternate solutions regarding sedimentation and hydrocarbon removal from stormwater is recommended. The installation of utilities is listed as the first item (Phase I) in the revised Construction Management Plan. 11) Pace and Phasing. Has the applicant provided a sufficiently detailed phasing proposal to ensure that the development phasing will occur in an efficient and orderly manner with consideration given to construction and other impacts to the community? Have all phases, including the initial phase, been designed to sustain itself and function as a complete development not reliant on subsequent phases to operate in an efficient and orderly manner? Has the applicant provided a reasonable contingency plan to mitigate impacts resulting from any possible interruption of construction as it would affect the community as a whole? Staff Response: The applicant has adequately addressed construction phasing in the revised Construction Management Plan. The proposed phasing accommodates the continued operation of the Post Office and grocery store with the possibility of occasional disruption (as required with 30-day prior notice to the Town and public). 12) 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? 12-09-19 TC Packet Page 87 of 89 86 Staff Response: The proposal includes a total of 78 units (of which 10 are Restricted Housing units). As background, Ordinance No. 22, Series of 1984, previously required the Snowmass Center to provide a minimum of 51 mixed employee units on parcel C (now occupied by TOSV Town Hall). Upon conveyance of Parcel C to the Town, this requirement was rescinded by Resolution No. 34, Series of 1988 stating that the Snowmass Center is, “automatically, fully, and forever relieved of any obligation to build 51 mixed employee units”. In accordance with the 1988 Resolution, the Town has conceded that Restricted Housing for any new commercial development (not exceeding the original 77,450 s.f. allowed) is not required. Therefore, and as it pertains to this proposal, the applicant is only required to provide additional mitigation housing to offset the proposed residential development at the Snowmass Center. The proposed units vary from 1-bedroom units to 4 bedrooms total. Pursuant to Planning Commission Resolution No. 5 of 2019, the applicant is obligated to be issued Certificates of Occupancy (COs) for all the restricted housing units prior to issuance of CO’s for the free market units in Building 1A. 13) 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? Staff Response: Overall, the proposed development is expected to have a positive fiscal impact on the Town. A peer review of the applicant’s Fiscal Impact Report suggests that the project would generate approximately $288,197 in annual General Fund revenues in sales tax vs. $204,148 in additional municipal expenditures required to service the new project. 14) 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? Staff Response: Pursuant to Planning Commission Resolution No. 5 of 2019, the applicant is committed to achieving no less than a LEED standard of Silver, which will include solar on rooftops. 15) Air Quality. What will be the primary sources of air pollution from the project? What will be the quantity and composition of pollutants that will be discharged on a daily and seasonal basis and what are the dispersal qualities of the site that will 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? Staff Response: The Planning Commission has recommended more detail in the Construction Management Plan as it pertains to dust suppression. The Town reserves the right to administer additional air quality measures if restaurant uses become a nuisance or compromise air quality. 12-09-19 TC Packet Page 88 of 89 87 16) 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? Staff Response: The applicant has provided a 4-tiered phasing schedule as part of their Construction Management Plan. The Chief Building Official for TOSV has deemed it adequate for Preliminary Review and the scale of construction proposed for the Snowmass Center. It is designed to assure the continued operation of the Post Office and grocery store. 17) Community Welfare. Does the proposed development in its totality promote the public health, safety and welfare? Staff Response: The community will benefit from a renewed Snowmass Center that will include an expanded grocery store and Post Office in additional to local serving retail. The redevelopment will provide the community with a Town Center which has long been desired by many residents of Snowmass Village. VI. Sec 16A-4-40. - Floodplain and wetland areas. Staff Response: Parcel I of the project contains the Brush Creek Floodplain in its entirety. No development is proposed in the floodplain or wetland areas as part of this development. ATTACHMENTS: A. Housing Office referral B. Transportation Department referral C. Public Works referral D. SGM referral (civil) E. SGM referral (SMW&S) F. Roaring Fork Fire Authority referral G. Dunlop Environmental referral H. LSC Traffic Engineering referral I. Supplemental Parking Plan J. Public Comment K. Height Analysis L. DWI Application Amendments M. DWI Community Purpose 12-09-19 TC Packet Page 89 of 89 88