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06-15-09 Town Council PacketSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JUNE 15, 2009 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON - AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: LEGISLATIVE UPDATE FROM SENATOR GAIL SCHWARTZ (Time: 10 minutes) ...................... No Packet Information Item No. 5 KRABLOONIK DISCUSSION (Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Consideration of request to enact ordinances regarding animal care. Voices for Krabloonik Dogs.......... Page 1 (TAB A) CONSENT AGENDA ITEMS 6 AND 7 Item No. 6: SECOND READING OF ORDINANCE NO. 6, SERIES OF 2009 - AMENDING THE 2009 BUDGET (Time: 5 minutes) ACTION REQUESTEDOF COUNCIL: Approve, Modify or Deny Second Reading of Ordinance No. 6, Series of 2009 - -Russ Forrest ....... Page 42 (TAB B) Item No. 7: SECOND READING - ORDINANCE NO. 7 SERIES OF 2009 — EXTENDING THE MORATORIUM (Time: 5 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify, or Deny Second Reading of Ordinance No. 7 Series of 2009 -- John Dresser ... Page 52 (TAB B) Item No. 8: APPOINTMENT OF HOUSING ADVISORY COMMITTEE (Time: 15 minutes) 06- 15 -09TC Page 2 of 3 ACTION REQUESTED OF COUNCIL: Review applications and appoint committee members -- Joe Coffey ............................... Page 56 (TAB C) Item No. 9: CONTINUATION OF: PUBLIC HEARING AND DISCUSSION — SNOWMASS CHAPEL: CONSIDERATION OF PROPOSED RE- ZONING TO 'MIXED- USE -1' (MU -1), TOGETHER WITH ASSOCIATED SUBDIVISION EXEMPTIONS FOR LAND EXCHANGES AND A LOT LINE ADJUSTMENT, PLUS A FINAL RE -PLAT OF THE PROPERTY WITHIN EXISTING LOTS 1 AND 2A OF THE SNOWMASS CHAPEL INTERFAITH SUBDIVISION AND A PORTION OF PARCEL 10 OF THE SNOWMASS CLUB SUBDIVISION, IN ASSOCIATION WITH THE PROPOSED SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED UNIT DEVELOPMENT (PUD) INVOLVING REQUESTED BUILDOUT AND HEIGHT VARIATIONS. (Time: 60 minutes) ACTION REQUESTED OF COUNCIL: Review application and provide directive in crafting findings and conditions for a subsequent ordinance and resolutions. - -Jim Wahlstrom ...........................Page 62 (TAB D) Item No. 10: CONTINUATION OF PUBLIC HEARING - SNOWMASS CENTER: (Time: 5 minutes) THE PRELIMINARY PLAN APPLICATION AND MODIFICATIONS THERETO FOR THE PROPOSED SNOWMASS CENTER REDEVELOPMENT AND EXPANSION PLAN PROJECT ACTION REQUESTED OF COUNCIL: Acknowledge the applicant's withdrawal letter for the public record and close the public hearing. -- Jim Wahlstrom ..........................Pagel 03 (TAB E) Item No. 11: MANAGER'S REPORT (Time: 10 minutes) -- Russell Forrest .......................... Page 105 (TAB F) Item No. 12: AGENDA FOR NEXT TOWN COUNCIL MEETING ...................... ............................... Page 108 (TAB G) Item No. 13: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ...................... ............................... Pagel 11 (TAB H) Item No. 14: EXECUTIVE SESSION 06- 15 -09TC Page 3 of 3 Town Council will now meet in Executive Session pursuant to C.R.S. 24 -6- 402(4) and Snowmass Village Municipal Code Section 2- 45(c), to specifically discuss two items: a) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24- 6-402(4)(e) and Snowmass Village Municipal Code Section 2- 45(c)(5); and b) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24- 6- 402(4)(c) and Snowmass Village Municipal Code Section 2- 45(c)(2); Provided, there is an affirmative vote of two- thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. Item No. 15: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 4 hours and 30 minutes (excluding items 1 -3 and 10 —15) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. MEMORANDUM TO: Snowmass Village Town Council FROM: Staff DATE: June 15, 2009 SUBJECT: Krabloonik I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Voices for Krabloonik Dogs (VKD) has a presentation and requests that Council consider local ordinances to regulate tethering and reproduction of animals. II. SUMMARY OF PROJECT VKD alleges that the dogs at Krabloonik are subject to cruel and inhumane treatment and requests that TOSV undertake local government regulation and oversight to enhance the standard of care for all animals in Snowmass Village. I :IMOIX" tTiI11.i 7 VKD has spent a great deal of time discussing ways to improve the standard of care including an advisory committee including citizens, Dan MacEachen and TOSV representatives. To date, there has not been a report or recommendation submitted by the advisory committee. IV. APPLICABLE REGULATIONS Krabloonik is regulated by the State of Colorado under the Pet Animal Care Facilities Act (PACFA) V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV enact local legislation to regulate dog care at Krabloonik? How would enforcement be accomplished and funded? VI. STAFF RECOMMENDATIONS AND FINDINGS VKD delivered the packet materials to TOSV late on Friday afternoon and Staff only had time to prepare this summary in advance of the packet deadline. Staff has not conducted research or background to verify facts and representations contained therein and therefore cannot make any findings or recommendations on the substance of the materials contained in the packet. Town Council is asked to discuss and determine a course of action for this issue. Options include: request a report from the advisory committee; conduct hearings on the issue in order to gain feedback from citizens on the issue; direct staff to prepare legislation on this subject with direction from Council; any combination of the above; or determine a suitable course of action in Council's discretion. Agenda Item: Krablooniks Packet Table of Contents: Addendum A. 1. Cover letter addressed to Town Council. Goals, Issues, Solutions 2. Proposed Ordinances for Snowmass Village Addendum B. 1. Letters in support of ordinances from Senator Gail Schwartz, Representative Kathleen Curry, The Humane Society of the United States Colorado Director Holly Tarry 2. Letters from Colorado Department of Agriculture and a state dog breeding application with information confirming local ordinances super cede state regulations Addendum C. 1. Packet contains information on communities throughout the United States that have imposed ordinances protecting animals in their community Addendum D. 1. Article and letter from sled dog experts that support exercise and un- tethering sled dogs Addendum E. 1. Photos and conditions of sled dogs at Krabloonik in comparison to photos and conditions of sled dogs at Eden Mills Vermont, a sled dog operation outside a resort community in Vermont May 27, 2009 Town of Snowmass Village Council 130 Kearns Rd. Snowmass Village CO 81615 RE: Welfare of Krabloonik Sled Dogs /Ordinances Dear Mayor and Council Members, � � 9ex� � �__M P� We are kindly requesting to be placed on the agenda for the Town Council Meeting scheduled for June 15, 2009 at which time we would like to cover the following topics: I. Review Establishment of Groups Concerned with the Welfare of Krabloonik Sled -Dogs A. Mission of Voices for Krabloonik Group B. Mission and goals of Krabloonik Advisory Committee C. Challenges of both Voices for Krabloonik and Krabloonik Advisory Committee II. Issues to Resolve A. Dogs chained year -round B. Lack of any exercise at least 7 months a year C. Overpopulation D. Spay/Nueter E. Watered/Fed daily F. Review how other dog -sled operators care for their dogs. III. Possible Solutions A. Establish local ordinances through TOSV 1. Tethering ordinance -daily time off chain a. Explanation of Pet Animal Facility Act (PACFA) and Department of Agriculture's "tethering waiver" for sled dogs b. Local ordinance would supercede state laws 2. Spay and Neuter ordinance B. Non - profit to purchase Krabloonik and run facility year -round as a sled -dog history and education center and animal sanctuary C. Improvements made voluntarily by Krabloonik's operator Over the past year local citizens have spent a great deal of time and effort discussing ways to improve the standard of care for the sled -dogs. Krabloonik's operator, Dan MacEachen, has repeatedly cited a lack of funding as his reason for not making the changes necessary to improve the living conditions for the sled -dogs. Despite this claim, he continues to breed and had been operating over his lawful limit of 250 dogs. F Differences in ideology exist between Mr. MacEachen, and both Voices and the Krabloonik Advisory Committee on what is considered humane treatment of these sled - dogs. Both Voices and the advisory committee feel it is cruel and inhumane to tether these dogs for seven months with no exercise. The majority of your constituents would like to see several large fenced -in areas where the dogs can run freely for designated time periods each week. We hope each of you agree that this is a necessity. One of the main goals of the advisory committee was to see that the fenced -in areas were in place by the beginning of this summer. Due to Mr. MacEachen's claim of a lack of funding and inadequate staffing to maintain and supervise the dogs, it appears nothing will change. We come before you to ask for your help in establishing regulations that will raise the standard of care not only for "working" dogs at Krabloonik, but for all pets in our community of Snowmass Village. Hundreds of other communities in America, including Denver, already have ordinances in place. We will provide the council with an information packet which will include letters from our state representatives, The Humane Society of the United States, and the Department of Agriculture. These letters encourage you to move forward with local government regulation and oversight to enhance the standard of care for all animals in Snowmass Village. We will also provide a sample anti - tethering ordinance which limits the number of hours an owner can keep their pet or working dogs chained per day. It is our desire to establish a rational and reasonable ordinance that will protect our community's animals. We hope you will embrace this opportunity to become a leader and insist that all animals are cared for in a way that positively reflects the values and caliber of the Town of Snowmass Village. Regards, Bill Fabrocini fabrocini.bill&comcast.net Lee Ann Vold leeannvold(a)comcast.net 970 - 948 -8301 Ordinance Request Sled Dogs Key issue: Neglect • Dogs tethered 24 hours per day on five foot chains for up to seven or eight months straight without any form of exercise or ability to interact with other dogs. Sled dogs are pack animals and thrive on interaction and running in a group • Lack of oversight and supervision secondary to limited staff. This often results in poor conditions such as lack of water. Water bowls are often spilled over and/or dogs become thirsty again in the hot afternoons. Lack of staffmg makes it difficult to ensure adequate water is available. 250 plus dogs complicate this matter. Solutions: • Exercise Pens for social interaction and exercise Increase staff labor to provide daily oversight, transport dogs into and out of pens, and work with the dogs to find out which ones are compatible (as do other sled dog operations) Sled Dog Operation Challenges: • Dog fighting • Un- neutered and spayed dogs (more aggressive) • Number of Dogs (250) • Additional staff labor • Financial matters to pay for labor and pens Ordinance Challenge • How do you provide an environment for 250 dogs to have time off of chains on a daily basis for social interaction and exercise Proposed Ordinances for Snowmass Village in regards to tethering and sterilization Ordinance number 1 concerning tethering: • This ordinance prohibits the fixed point tethering of dogs for 24 hour periods. Dogs must be removed from the tether for a period of at least 1 hour in a 24 hour period and allowed to exercise and/or move freely unrestricted by the tether. Such exercise shall include removing the dog from the dog's primary enclosure and either leash walking or giving the dog access to an enclosure at least four times the size of the primary enclosure allowing the dog free mobility for the entire exercise period, but shall not include the use of a treadmill or similar device, unless prescribed by a veterinarian. The exercise requirements in this subsection shall not apply to a dog certified by a veterinarian as being medically precluded from exercise. When tethered for periods of longer than one hour the tether must be at least six feet in length and attached to a properly fitting collar or harness. Ordinance number 2 concerning spaying and neutering • (1) No dog breeder shall, at any one time, maintain on premises licensed by the Pet Animal Care Facility Act, more than fifty unsterilized dogs that are over six months of age. (2) No dog breeder shall breed any dog unless a veterinarian certifies that the dog is in suitable health for breeding. Such certification shall be obtained annually for each dog sought to be bred. Final points: • Enforcement of ordinances, by whom, procedures and protocols • Penalties for violating ordinances GAIL SCHWARTZ Senate District 5 State Capitol Building 200 E. Colfax Avenue Denver, Colorado 80203 Capitol: 303 - 866 -4871 FAX: 303 - 866 -4543 gaii.schwartz,senate@gmall.com June 1, 2009 Town of Snowmass Village Town Council and Mayor Bill Boineau P.O. Box 5010 Snowmass Village, Colorado 81615 Re: Krabloonik Kennels L Senate Chamber State of Colorado Denver Dear Mayor Boineau and Town Council Members: oaD Ln oc,-, rf-, b SELECT COMMITTEE ON .JOB CREATION & ECONOMIC GROWTH CHAIR LOCAL GOVERNMENT AND ENERGY COMMITTEE CHAIR AGRICULTURE & NATURAL RESOURCES COMMITTEE MEMBER LEGAL SERVICES COMMITTEE MEMBER Over the past several months my concern for alleged ongoing abuses occurring at Krabloonik Kennels has increased due to contact of concerned constituents and residents of Aspen and Snowmass. It is clear there is a major concern of citizens of our community and others across the state regarding the welfare of the dogs which became evident during the sunset review bill for PACFA. I remain a proponent for local control, yet believe that now is the time for the council to undertake consideration of ordinances aimed at protecting the dogs at Krabloonik and potentially other facilities. As the Town Council creates and enforces local ordinances that protect these dogs you will include today's accepted practices for animal containment, breeding and well being. It is not acceptable that animals be restricted and chained around the clock, sometimes on chains too short for a safe and comfortable laying position with little or no opportunity for regular daily exercise and walking. Another problem that needs to be addressed is population control. I am in favor, as a statewide goal, of ordinances aimed at requiring neutering and spaying, as well working to limit the maximum number of dogs housed by any breeder. Additionally, it is my belief that a local ordinance mandating an appropriate staff to animal ratio would be an important step in ensuring that quality standards are met. Snowmass Village has the potential to take a stand and prevent animal neglect and abuse by creating a framework of local ordinances that protect working, sled and breeding dogs. As a resident of Snowmass, I am concerned that this issue reflects negatively on our community and has a potential economic impact. Also, as a community, by virtue of being the owner and landlord of the property we are in fact perceived as condoning the alleged abuse and neglect occurring at the facility. Thank you for your serious consideration of these matters. Sincerely, 19 0s State Senator Gail Schwartz March 24, 2009 Town of Snowmass Village Town Council and Mayor Bill Boineau P.O. Box 5010 Snowmass Village, Colorado 81615 Dear Mayor Boineau and Town Council Members: Re: Treatment of Krabloonik Dogs Animal neglect and cruelty are issues that we at the legislature take very seriously. Just recently, we attempted to pass legislation directed at dog breeders across the state. The "puppy mill" House Bill 1172 generated much controversy between dog owners, breeders, humane societies, veterinarians, and others in the animal business. My office was flooded with calls and many concerned the Krabloonik sled dog operation. The arguments ranged from "It will cause us to shut down ", "it harms the dog breeders" and many saying "save the dogs from such abominable treatment ". The bill did not pass for reasons that it could not correct the problem, such as the need for more inspectors. I am writing to encourage you to take whatever action possible at the local level to enforce local ordinances that aim to protect dogs and alleviate their suffering. For instance, I am in favor of laws that prohibit the permanent chaining of dogs without the allowance to run in a large fenced area or walked by leash for at least an hour, within a 24 -hour period. I am also in favor of population control in the form of neutering and spaying. The principles of the Puppy Mill Bill were sound and I believe if implemented on a local government level, ordinances that limit the number of dogs that any breeder may have could be an effective means of population control. I believe there is also room for local government oversight in the form of ordinances that would mandate an appropriate staff to animal ratio to ensure that quality standards are maintained to care for these animals. I am quite optimistic that local government control can make a difference in the lives of dogs and appreciate your consideration. Sincerely, State Representative Kathleen Curry W0.(T - S� 1�9 , � .W%9 -- THE HUMAN~ SOCIETY OF THE U0WUl[ED STATES Anna � Can � leralderteanT June 3,2OO9 ,M;r of Me Bowd �����. � ���� CEO Mayor and Town Council, Town of3noxxnnassVillage m= m ��W�M� P.O. Box SO1O � ������aoo Snoxvrnass Village, CO8161S mretuoalw Andrew N ����— --r Dear Mayor and Council members, ich3el Mvkadan STAFF VICE PRESIDENTS I am the Colorado director for The Humane Society of the United States, the john Bahalf nation's largest animal protection organization with over 10 million members nationwide and 170,000 members Patricia A. in Colorado alone. ~.d~~Ha~'~^~im I have been actively investigating conditions at Krabloonik in the Town of Snowmass Village or over a year and have worked closely with local citizens to strategize ways to improve conditions for the over 2OO dogs living at that facility. As I've written to you before, the facility clearly G�.1ke''esnk^ operates at a substandard level and is in constant violation of the state's rules regulating such facilities. In addition to facility rules violations, there are repeated reports of animal cuelty at Krab|oonik. The conditions at Krabloonik coupled with the state PACFA program and local / animal control's failure to act create a perfect storm of animal suffering right in your own Willson C. Milani backyards. backvards. =^� Minor Ralk w=Anlosal WW-Z = 1�,L You have before you a draft of local ordinance revisions designed to improvethe life Robert C. Row, Ph.D., Smn quality of for dogs at Krabloonik and all other current and future dog housing operations in the Town of SnoxxnnassVi||age. This draft isan opportunity to take action ona problem that has been C��-17,11111.=^ ignored and swept under the rug for far too long. The state has turned a blind eye to the war* Stephen mu ^�wm���� needs of the hundreds of dogs housed atKrab|oonik. but | hope that vvon't. DIRECTORS you Leslie Lee Marauder, Esq. Peter ^. Bender u,� Please consider dose|ythe dnaftbefore you and take action on behalf of the aninna|s. VVitha Barbara -----' history of criminal animal cruelty, blatant disregarding for standards of care, and decades of 11", ** u Groupson visitor and resident complaints, it is clear Krab|oonik is in need ofreform. Please take action and Kathleen ����^'` deliver the dogs rnuohneeded relief. wm. F. Mancuso Mary 1. Max mm*L.McDonnell uwwm=els Thank you, Sharon Loe Paikk ^dyu+/ \ M=wn G.**st /mo/��^ m*����= �u ` ^'~- \ Marilyn G. (/ ���~~^ESQ. Holly Tarry Andrew �HISM11 Colorado Director DaiduVAmsmw^ Celebrating Animals | Confronting Cruelty Northern Rockies Regional Office 49ow.3la5t, Suite a15 Billings, wT59lO1 t406255J161 f*06255.7162 humanemcietyorg May 5, 2009 To: Bill Fabrocini 700 Kipling Street, Suite 4000 Lakewood, CO 80215 -8000 303 -239 -4100 ♦ Fax 303 - 2394125 Www.colorado.gov /gg From: Kate N. Anderson, DVM John R. Stulp, Commissioner Bill Ritter, Jr. Governor RE: Licensing and regulatory authority of the Pet Animal Care Facilities Act The Pet Animal Care Facilities Act gives the Commissioner of Agriculture the authority to promulgate rules and regulations for the licensing and inspection of pet care facilities in Colorado. This regulation applies to facilities which meet thresholds of sales, transfer or production of litters as well as those that advertise and offer services to the public such and grooming or boarding. Enforcement of the Act is done by employees of the Department of Agriculture. There is a requirement of applicants to ensure they are in cooperation and compliance with all local and county ordinances. In no way does the state law take precedent over more restrictive regulation at the local level. The Department strives to work cooperatively with local agencies to share information and monitor compliance within facilities. I have attached a copy of the license application for your review. Please don't hesitate to contact our office with further questions or comments. Sincerely, Kate N. Anderson, DVM PACFA Administrator 1, COLORADO DEPARTMENT OF AGRICULTURE ANIMAL INDUSTRY DIVISION 700 KIPLING ST., SURE 4000 LAKEWOOD. CO 80215 TELE: 303 - 2384161 PET ANIMAL CARE FACILITIES LICENSE APPLICATION PERSON'S FULL LEGAL NAME: LAST FIRST M 1 BUSINESS NAME(S): MAID IlVGAW RES& Clwl. STAB ZIPODDE FACtiLQIi1.r,14DDRE ' cfly- COtltkli : STATE ZIPC0bc_ APIP 1UMUf'S; PtiiONIE ilk FACllLilfitf PHD1VE W EMAIL ADDRESS: LICENSE CATEGORIES WITH FEE SCHEDULE: EASE CIRCLE AS MANY CATEG. AS APPLY BELOW: Isee back of rag. for fumy info. abod .n SateS,I CATEGORY FEE CATEGORY FEE RETAIL/WHOLESALE illrea,dmdaakaonly} $280 DOG BREEDER (Large scale O er. $280 RETAIL AQUARIUM ONLY $225 CAT BREEDER $225 BOARDING/TRAINING $280 COMMON BIRD BREEDER $80 PET HANDLER ~NETWORK $80 UNCOMMON BIRD BREEDER $180 BOARDING $180 SMALL ANIMAL BR- %EDER $250 PET GROOMING $225 ANIMAL RESCUE $80 DOG BREEDER small scale O er. $250 ANIMAL SHELTER $2$0 Explanation of fee schedule: If more than one category is selected the total amount due for this li .9me ga2licati ,,. ig .+. catmory amount with the highest fee. Example: A pet facility selects Retai A&ftlesale Pet Animal Dealership ($280.00), Common Bird Breeder ($80.00), and Small Animal Breeder ($250.00). The fee amount due with this application will be $280.00, because the Retail/Wholesale Pet Animal Dealership is the highest fee of all three selections indicated on the application. This example applies regardless of the number of categories selected. il,am; airs, �, yWr�agency, ooesy,not,,nullnyf,or rOVemde�anyof�my�iocal laws ur. ordnances. Is aware that it is my, e' nsiblity to find out what, If any, Iota( laws or ordinances may be' Inyplace and to come into compliance with those, local taws or'ordinances. iPteam initial y:oui have mad, and agree to the above statement. This license is non - transferable and non - refundable. Has the applicant or applicant's principals, partners, officers, or agents been charged, fitted, sentenced, convicted, or entered a plea of guilty or no contest under any local, state or federal law pertaining to cruelly, neglect or abuse of animals? Yes — No _ if Yes, provide case # and Jurisdiction. Hass applicant or applicaes principals, partners, officers, or agents had a PACFA or similar license denied, revaved or suspended? Yes No — If yes, give specifics. I wish to be notified by mail or electronic mail of futwe rule hearings. Facility times of operation (Please Circle): Days; M Tu W Th F Tines: Sam Q 10 11 12 1 pm 2 3 4 5 NOTE: IN ORDER TO PROCESS THIS APPLICATION, PULL, PAYMENT, CITIZENSHIP OR CORPORTATION INFORMATION, AND FACILITY PLANS MUST ACCOMPANY THE COMPLETED APPLICATION FOR VALIDATION. Please make checks or money orders payable to CDA. DocN:PACFAAPP Signature of Applicant Enclose Full Arnount Date is Page 1 of 1 Bill Fabrocini From: "Cory Gardner' <cory@corygardner.net> To: <fabrocini. bill@comcast. net> Sent: Wednesday, November 12, 2008 9:06 PM Subject: RE: Please Stop Dog Chaining in our State Thank you for your email concerning animal tethering. I appreciate that you have taken the time to write. As a member of the Agriculture, Livestock and Natural Resources Committee, (which is the committee responsible for most animal- related issues) I take animal welfare matters very seriously. Since joining the legislature in 2005,1 have worked hard to protect animals from abuse and cruelty. This past year, I supported legislation that would ban several different animal- rearing practices - practices that many considered to be cruel treatment of animals. I also helped write legislation at the federal level to ban animal fighting and to bar the interstate transit of animals for animal fighting purposes. I look forward to continuing this fight during the upcoming legislative session. I agree with you - when children are taught to be cruel to animals they may be more likely to do harm to one another. Our laws must reflect the importance we place on the proper treatment of animals. As you know, there are a variety of ordinances around the state concerning leash laws and other animal issues. The state legislature has, at times, found it appropriate to pass legislation concerning ownership of various animal breeds. I have forwarded your request to Legislative Council staff, our non - partisan research staff at the State Capitol to learn more about the possible options available and to further investigate the concerns you raise. I also hope to learn more about the various ordinances that are already in place across Colorado. Again, thank you for writing and please do not hesitate to contact me again. Sincerely, Cory Gardner State Representative Cory Gardner P.O. Box 86 Yuma, Colorado 80759 Phone: (970) 848 -2232 If you would like to receive my newsletter udpates "Dome on the Range" please reply and let me know that you would like to be added to the distribution list. „0 5/31/2009 V First Regular Session Sixty- seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 09- 0339.01 Kate Meyer HOUSE BILL 09 -1172 HOUSE SPONSORSHIP McCann, Fischer SENATE SPONSORSHIP (None), House Committees Senate Committees Agriculture, Livestock, & Natural Resources A BILL FOR AN ACT 101 CONCERNING AN INCREASE IN THE PROTECTION OF ANIMALS UNDER 102 THE "PET ANIMAL CARE AND FACILITIES ACT ". Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) and FaGhties AcY "f(At). Exempts from the limitation dogs that are, for a fee or other form of compensation, being boarded temporarily. Mandates annual certification by a licensed veterinarian that a dog is suitably healthy for breeding before the dog may be bred. Authorizes the commissioner of agriculture (commissioner) to promulgate rules to Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. 000 Capital letters indicate new material to be added to existing statute. opffil Dashes through the words indicate deletions from existing statute. effect such certification. Allows the commissioner to inspect at any time premises or records for the purpose of carrying out provisions of the Act. Makes denial or revocation of a license issued pursuant to the Act mandatory when the licensee or prospective licensee has been convicted of cruelty to animals. 1 Be it enacted by the General Assembly of the State of Colorado: 2 SECTION 1. Article 80 of title 35, Colorado Revised Statutes, is 3 amended BY THE ADDITION OF A NEW SECTION to read: 4 35- 80- 106.7. ; Dogs ; - limit'ori number of aristerilized adult dogs 5 that may be kept at; one time by a dog "" "breeder - annual veterinary 6 certification for breeding - applicability. (1) (a)��� NO,D�OC SEDER 7 SHALL, AT A iC "`031E TIME, MkNir kIN ON PRETvIISES;LII ENSED UNDER THIS 8 ARTICLE %MORE "T IAN TWENTY -FfVE UNSTERILIZED DOGS THAT ARE OVER 9 SDCMOI S,,©FAGEs 10 (b) THIS SUBSECTION (1) SHALL NOT APPLY TO DOGS THAT ARE 11 TEMPORARILY BOARDED ON PREMISES LICENSED UNDER THIS ARTICLE FOR 12 A FEE OR SOME OTHER FORM OF COMPENSATION. 13 (2) 6-DOG, BREEDER 'SHALL" BREED DOG ,,, LESS' A 14 vETERwARIAN "FiII IF III THAT' THE DO6 IS IN SUITABI;E ° °IIEAI yff FOR 15 BREED&'. SUCH CERTIFICATION SHALL BE OBTAINED ANNUALLY FOR 16 EACH DOG SOUGHT TO BE BRED ON OR BEFORE THE DATE ESTABLISHED BY 17 THE COMMISSIONER PURSUANT TO SECTION 35 -80 -109 (2) (a.3). 18 (3) THIS SECTION SHALL APPLY IN ADDITION TO ANY OTHER 19 APPLICABLE LAWS AND RULES RELATED TO THE CARE OF DOGS IN PET 20 ANB4AL FACILITIES. 21 SECTION 2. 35 -80 -109 (2), Colorado Revised Statutes, is 22 amended BY THE ADDITION OF A NEW PARAGRAPH to read: -2- BB09 -1172 1 35 -80 -109. Powers and duties of the commissioner - rules. 2 (2) The commissioner is authorized to adopt all reasonable rules for the 3 administration and enforcement of this article, including, but not limited 4 to: 5 (a.3) THE RVIPLEMENTATION OF THE REQUIREMENT FOR ANNUAL 6 VETERINARY CERTIFICATION OF DOGS THAT ARE SOUGHT TO BE USED FOR 7 BREEDING PURSUANT TO SECTION 35 -80 -106.7 (2), INCLUDING THE 8 ESTABLISHMENT OF ANY MINIMUM CRITERIA AND STANDARDS; 9 SECTION 3. 35 -80 -110 (3), Colorado Revised Statutes, is 10 amended to read: 11 35 -80 -110. Inspections - investigations - access - subpoena. 12 (3) At any reasonabfe time dwing regttfar business hotu Tam, the 13 commissioner shall have free and unimpeded access upon consent or 14 upon obtaining an administrative search warrant: 15 (a) To those portions of all buildings, yards, pens, and other areas 16 in which any animals are kept, handled, or transported for the purpose of 17 carrying out any provision of this article or any rule promulgated pursuant 18 to this article; and 19 (b) To all records required to be kept and may make copies of 20 such records for the purpose of carrying out any provision of this article 21 or any rule promulgated pursuant to this article. 22 SECTION 4. 35 -80- 112.5, Colorado Revised Statutes, is 23 amended to read: 24 35 -80- 112.5. Denial of license - animal cruelty conviction. 25 (1) The commissioner, pursuant to the provisions of article 4 of title 24, 26 C.R.S., may SHALL deny, refuse to renew, or revoke any license 27 authorized under this article if the applicant or licensee has been OW & OP ..3 °- H1309 -1172 I convicted of OR ENTERED A PLEA OF GUILTY OR NOLO CONTENDERE TO AN 2 ACT OF cruelty to animals pursuant to PART 2 OF article 9 of title 18, 3 C.R.S., or any similar statute of any other state. 4 (2) ��tvvithstwiding subsection (I) of tflis 3ectio1l, the 5 ., 6 , 7 article if the applicmit or licensee has been coirvicted, at�� time, ofone 8 or more viofations of section 18-9-202, &R.S., the tniderfyftig faettml 9 basis of which has b=n fo=d by the cotut to inefude the Imovying-or 10 11 mutilates, or kills mi animal. 12 SECTION 5. Act subject to petition - effective date. (1) This 13 act shall take effect January 1, 2011. 14 (2) However, if a referendum petition is filed against this act or 15 an item, section, or part of this act during the 90 -day period after final 16 adjournment of the general assembly that is allowed for submitting a 17 referendum petition pursuant to article V, section 1 (3) of the state 18 constitution, then the act, item, section, or part, shall not take effect unless 19 approved by the people at a biennial regular general election and shall 20 take effect on the date specified in subsection (1) or on the date of the 21 official declaration of the vote thereon by proclamation of the governor, 22 whichever is later. amplim -4- H1309 -1172 -- FA,Ar,f-1,n111d1b uuin id rnelp An Animal //Current Legislation on Tet.. %rLegislatiow E ax ^. kk BR"Y S rJ B � E!.0 ' elping, i i 11 � sates! Unq ,P kPI k r li n w ANIMALS @ HONEy WILDLIFE W „ HELP AN ANIMAL r I J IFE � T EL & Search Help an Animal i?0 In This Section Birds Should Fly Free Help Your Local Animal Shelter Current on Tethering Dogs The following states' laws address chaining: Human Abuse/Cruelty California m Connecticut to Animals Texas Never Buy Animals From Pet Stores or Breeders Other Issues Raise Funds for Animals Report Cruelty to Animals Spay /Neuter Immediately Unchain Dogs Urgent Alerts k Resjurces Ads/PSAs Celebrities Helping Animals E -Cards Factsheets FAQs Guide to Letter - Writing Literature Photos Victories Videos FOR. PETA of2 Vi ins West Virginia Chaining is prohibited in the following communities: Fairhove. Alabama FaYetteville Arkansas Jonesboro, Arkansas Little Rock, Arkansas Maumelle, Arkansas Miami, Florida Miami -Dade County Florida Okaloosa County Florida Athens - Clarke County. rergia Chatham County Georgia DeKalb County. Georgia Carthage. Missouri Cla ton No Carolina Durham County North Carolina New Hanover North Carolina Roanoke Rapids No Carolina Lawton Olahoma Austin, Texas Big Spring Texas Dallas, Texas Electra. Texas Georg tovm Texas Fort Worth. Texas Irving Texas The following communities permit animals to be chained for a limited period of time: Kern County California Ce —��, lorddo Dania Beach . Florida _Fort Lauderdale Florida HolNwood. Florida Oakland Park. Florida Orange County Florida Palm Beach County Florida Pembroke Park Florida Bloonanoton. Indiana Floyd County Indiana Marion, Indiana Arkansas City. Kansas Dodge Cily. Kansas Lawrence, Kansas Leavenworth Kansas Overland Park Kansas Topeka. Kansas _Wellington Kansas Wichita Kansas Jefferson City . Kentucky Louisville. Kentucky Baker, Louisiana New Orleans. Louisiana Carroll County Maryland Fact Longmeadow Mamchu setts Battle Creek Michigan Saint Paul Minnesota Creve Coeur. Missouri Camden New Jersey Lower Township NewJersev Ocean City . New Jersey Sea Isle City N - Jersey Witdwnod New Jersey Wildwnod Crest New Jersey Albuguergue New Mexdco Canandaigua New York Laurinburg North Carolina Orange County North Carolina Raleigh, North Carol!na Scotland County North Carolina North Royalton Ohio Bartlesville. Oklahoma Multnomah County Oreaon Oak Ridge Tennessee Austin. Texas Norfolk, Virginia Northampton County Virginia Srrnthfield. Virginia Virginia Beach Virginia Linn Wisconsin Racine Wisconsin The following ordinances protect animals other than dogs: Tucsgn. Arizona Allen, Texas 049 010, IN THIS SEr.; TION Chained Dogs: A Widespread Serious Public Safety Threat Current Legislation on Tethering Dogs SEE ALSO "What Did I Get for Christmas" E -Card LZr r `Chained Dog' Sticker "Create a Miracle for Backyard Dogs' Flier 'What to Do if You Spot Animal Abuse" Factsheet `Legal Shelter for Your Dog" Flier "Finding the Right Home" Brochure ,) PETNs'Unsupervised Animar Brochure _j 'Save Our Strays" Flier Chained Dog Brochure Sample Ordinances "Lobbying for Change" Factsheet Miniature Backyard Dog Poster "Overview of the Legislative Process" Factsheet °Tips on Working With Legislators, Factsheet ,„ Public Speaking Factsheet PETA's Guide to Letter -Writing 5/31/20 i -nu nw r HelpingAnimals.com // Help An Animal // Current Legislation on Tet... Southhaven, Mssissippi Waco, Texas Raytown, Missouri The following ordinances prohibit tethering animals in public: Fremont California Lincoln, Nebraska Hemet California Allen, Texas Southhaven, Mississippi Richland Ffills. Texas Fagan, Mnnesota The following are ordinances that apply to certain types of dogs: Fremont. California San Jose. California Los Angeles. California Mdwest City, Oklahoma San Diego, California Waco, Texas The following ordinances permit tethering, provided that other conditions of care are met: Little Rock, Arkansas Jonesboro, Arkansas Hemet California Fremont California San Francisco, California Alachua County, Florida Wilton Manors, FL Aurora, Illinois Noblesville. Indiana Terre Haute, Indiana Bowling Green, Kentucky Louisville, Kentucky Dennis Township, New Jersey Catawba County, North Carolina Greenville, North Carolina Holly Springs, North Carolina Tennessee Pittsburgh, Pennsylvania Oak Ridge, Tennessee Lubbock, Texas Richland Hills, Texas Richmond, Virginia http://www.helpinganimals.cOrn/ga-.tetherLegislatiorLas Printer - Friendly E -Mail This Page Subscribe to E -News About PETA Donate Now Privacy Policy Disclaimer PETA Web Sites 11 1- 2 of 2 5 /'I1t'?nno a-n4 ur,r Search Help an Animal // Current Legislation on Tethering Dogs In This Section The Following Communities Permit Birds Should Fly Free Animals to Be Chained for a Limited Help Your Local Animal Period of Time Shelter Human Abuse /Cruelty Kern'CoUn iLCalifornta to Animals 2002 Never Buy Animals Ti, the fiM, pant tether)ng o dogs far longer From Pet Stores or than 1con§eciitl`�e'IiouFs Ih�a 24hour peritw;`Tethers muss of Breeders least 15 feet long, weigh no more than one - eighth of the dog's Other Issues weight, have swivels on both ends, and attach to a properly -fitting collar or harness. Raise Funds for Animals 7.08.115 Restraint Report Cruelty to (a) A dog or puppy shall not be restrained by a Animals fi)ed point chain or tether for more than twelve (12) consecutive hours in a twenty -four (24) hour Spay /Neuter period. This chain shall be at least fifteen (15) feet Immediately long. Unchain Dogs (b) A dog or puppy may be ezolusiviely restrained by a chain or tether provided that it is at least Urgent Alerts fifteen (15) feet in length and attached to a pulley or trolley mounted on a cable which is also at least Resources fifteen (15) feet in length and mounted no more Ads/PSAs than seven (7) feet above ground level. Celebrities Helping (c) Any tethering system employed shall not allow Animals the dog or puppy to leave the owner's property. E -Cards Factsheets FAQs Guide to Letter- Writing Literature Photos Victories Videos (d) No chain or tether shall weigh more than one - eighth (118) of the dog or puppy's weight (e) Any chain or tether shall be at least fifteen (15) feet in length and have swivels on both ends. (f) Any chain or tether shall be attached to a property fitting collar (no choke chain collars) or harness worn by the animal. (Ord. G -6942 § 5 (part), 2002) Los Angeles, California August 3, 2005 This ordinance prohibits the tethering of dogs in most circumstances. A limited period of tethering is allowed provided that certain conditions are met Sec. 53.70. Care and Maintenace of Dogs D. Tethering. It shall be unlawful for any person to tether, fasten, chain, tie, restrain or cause a dog to be fastened, chained, tied or restrained to houses, trees, fences, garages or other stationary or highly immobile objects by means of a rope, chain, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the following requirements are met (1) The tethering shall not be for more time than is necessary for the dog owner or custodian to complete a temporary task that requires the dog to be physically restrained for a reasonable period. URGENT ALERTS Urge Boston Medical Center to Stop Alleged Poisoning of Birds! Urge Arkansas Property Owners' Association to Haft Deer Hunt! URGENT: Ask Richmond, Va., fiYr,. Mddle School to Haft Its Alleged Use of Cruel Glue Traps! IN THIS SEC11ON • Birds Should Fly Free • The Truth About Bird Suppliers Beware of Bird Sanctuaries Cruelty in Store at PetSmart SEE ALSO Sponsor a Spay /Neuter Surgery f MORE WAYS TO HELP Take the Law Into Your Own Hands , Put a Banner on Your Web Site � Work or Intern for PETA (2) The dog must be tethered by a non -choke type collar or a body harness to a tether that is at least 907D 00 three (3) times the body length of the dog, ao 5/31/2009 9:17 Ph HelpingAnimals.com // Help An Animal // Current Legislation on Tet measured from the dog's nose to the back of the hindquarters and which tether is free from entanglement (3) The dog must have access to food, water and shelter as described above. (4) The dog shall be monitored periodically. This section shall not affect the use of appropriate electronic means of confinement Denver, Co „lorado; Wy 11, 1992 Dogs py not be chained fora period longer than one hour on a chaln,less than siz feet in lengb�%, ° ' Sec. 8 -131. Cruelty to animals prohibited. (b) It shad specifically be cruel, dangerous or inhumane for any person to: (3) Tether and leave, or permit to be left, unattended any animal on a leash, cord or chain of less than six feet in length for longer than one hour. Washington, D.C. Cruel chaining of dogs prohibited by the Districts 'Freedom From Cruelty to Animals Protection Act' Chapter 106, Sec. 2 (b) For the purpose of this section, 'cruelly chains” means attaching an animal to a stationary object or a pulley by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances that may endanger its health, safety, or well- being. 'Cruelly chains' includes, but is not limited to, the use of a chain, rope, tether, leash, cable, or similar restraint that (1) F)ceeds 1/8 the body weight of the animal, (2) Causes the animal to choke; (3) Is too short for the animal to move around or for the animal to urinate or defecate in a separate area from the area where it must eat, drink, or lie down; (4) Is situated where it can become entangled; (5) Does not permit the animal access to food, water, shade, dry ground, or shelter; or (6) Does not permit the animal to escape harm. (Act 13 -418; June 1, 2001) Dania Beach, Florida July 26, 2005 This ordinance prohibits the chaining of dogs for longer than one hour in any 24 -hour period and allows such tethering only under certain conditions. Section 5-15. Dogs at large prohibited. (b) It shad be a violation of this section for the owner of any dog to tie, chain, or otherwise tether a dog... outdoors; provided, however, that a dog may be temporarily tethered, tied or chained outdoors for a total period of time not exceeding one hour on any day between the hours of 9:00 am and 6:00 pm if accompanied by its owner or any person over the age of fifteen years. No dog shall be tethered, tied or chained outdoors at any time for purposes of training on any treadmill device. Dog owners must provide clean, safe and humane conditions for dogs which are outdoors on private property, which conditions include, but are not limited to, sufficient food and water, shelter from cold, heat and rain, with adequate shelter ventilation. Fort Lauderdale, Florida June 16, 2006 This ordinance prohibits the tethering of cats, dogs who are under the age of 6 months, and any dog during periods of extreme weather or for longer than 15 minutes between the hours of 10 a. m. and 5 p.m. Any tethering of dogs during other times must meet certain conditions. Section 6-35. Supervision and Confinement; Tethering. A. It shad be unlawful for any person who owns or any person who is in charge or in control of any dog or cat to confine or tether that animal outdoors during periods of extreme weather, such as periods of unusually cold or hot temperatures, or periods of poor http://www.helpinganimals.com/gajiniitedChaining.asp#denvc r, 2 of 22 5/31/2009 9:17 P1v HelpingAnimals.com // Help An Animal // Current Legislation on Tet... air quality, or when a hurricane or tropical storm warning has been issued. B. It shall be unlawful for any person who owns or any person who is in charge or in control of any dog or cat and who confines that dog or cat outdoors on private property to fail to provide the animal with: 6. A tether, which may be employed subject to the following regulations: a. It shall be unlawful for any person who owns or any person who is in charge or in control of any dog that is under the age of six months to tie, chain, or otherwise tether a dog that is under the age of six months outdoors. It shall be unlawful for any person who owns or any person who is in charge or in control of any cat to tie, chain, or otherwise tether a cat outdoors. b. It shall be unlawful for any person who owns or any person who is in charge or in control of any dog that is over the age of six months to tie, chain, or otherwise tether a dog outdoors between the hours of 10:00 a.m. and 5:00 p.m except that a dog of any age may be temporarily tethered, tied, or chained outdoors for a total time period not exceeding fifteen minutes. At other times, it is permitted to tie, chain, or otherwise tether a dog that is over the age of six months outdoors if the dog is harnessed by a properly -fitting body harness that is fastened to either L a tether that is at least ten feet long and that is free from entanglement and that allows the dog to move unheeded; or ii. an overhead run, which is an overhead wire at least 10 feet long to which the dog's body harnessis attached by a leash or chain, that allows the dog to move unheeded. Hollywood, Florida July 6, 2005 This ordnance prohibits the chalriing of %�ddgs the hours of 10 a itv ani15' p m .arid allows tethering during other limes bnlyj under certain conditions. Chapter 92.08 Animal Care; Manner of Keeping. (C) Animals maintained on a tether must be in an area free of objects that may cause entanglements. All tethers must be a minimum of six (6) feet in length and longer if appropriate for breed (i.e., Irish Wolfhound, Borzoi, Great Dane, St Bernard, etc.). Choke type or prong type collars shall be used only while the animal is under the handler's direction control. Between the hours of 10:00 a.m. and 5:00 p.m, animals shall not be on a tether outdoors. 3 of 22 http://www.helpinganimals-com/gajin3itedChaining.asp#denve R a, t „FF �IYF d l 5/31/2009 9:17 PM HelpingAnimals.com // Help An Animal // Current Legislation on Tet... Oakland Park, Florida July G, 2006 This ordinance prohibits the tethering of cats, dogs who are under the age of 6 months, and any animal during periods of extreme weather or for longer than 15 minutes between the hours of 10 a. m. and 5 p.m. Any tethering of dogs during other times must meet certain conditions. Section 4.23 Supervision and Confinement; Tethering. A It shall be unlawful for any person who owns or any person who is in charge or in control of any dog, cat or other animal to confine or tether that animal outdoors during periods of extreme weather or when a hurricane warning has been issued. B. It shall be unlawful for any person who owns or any person who is in charge or in control of any dog, cat or other animal who confines that animal outdoors on private property to fail to provide the animal with: 6. a tether in lieu of a fenced yard which may be employed subject to the following regulations: a. It shall be unlawful for any person who owns or any person who is in charge or in control of any dog that is under the age of six months to tie, chain, or otherwise tether b. outdoors a dog that is under the age of six months. It shall be unlawful for any person who owns or any person who is in charge or in control of any cat to tie, chain or otherwise tether outdoor a cat c. It shall be unlawful for any person who owns or any person who is in charge or in control of any dog that is over the age of six months to tie, chain or otherwise tether outdoors a dog between the hours of 10:00 am and 5:00 pm except that a dog of any age may be temporarily tethered, tied or chained outdoors for a total time period not exceeding fifteen minutes. At other times, it is permitted to tie, chain or otherwise tether outdoors a dog that is over the age of six months if the dog is harnessed by a properly fitting body harness that is fastened to either i. a tether that is at least ten feet long and that is free from entanglement and that allows the dog to move unheeded; ii. an overhead run, which is at least ten feet long to which the dog's body harness is attached by a leash or chain that allows the dog to move unheeded. Orange County, Florida July 12, 2005 This ordinance prohibits the chaining of dogs between the hours of http://www.helpingaiiimals.com/ga,_IiniitedChaining.asp#denver iu,� fir err ✓r t � �r�,,, �rr�a�% A 'r 1l) 5/31/2009 9:17 Plv HelpingAnimals.com // Help An Animal // Current Legislation on Tet.. 9 a. m. and 5 p.m and during periods of extreme weather. Tethering is allowed during other times only under certain conditions. Section 5-29. Definitions. Restraining Device shall mean a chain, cord, or cable, with a minimum length of ten feet, used to confine an animal on an owner's property. This device must provide for humane, unrestrained range of movement for the animal to insure that the animal is not eposed to hazard or injury and shall not prevent the animal from having food, water, shelter, adequate ventilation, protection from the elements or other care generally considered to be normal and usual. This device shall be proportional in size, weigh no more than 1/8 of the dog or puppy's body weight, and designed for use with the specific breed of animal with an appropriate collar. These devices shall not be used to confine a dog on an owner's property between the hours of 9:00 am and 5:00 pm, 365 days a year and during times of e>dreme weather, e.g., hurricanes, below freezing conditions. Bloomington, Indiana December 23, 2005 Thlsordlnance "prohibits the tethering of animals for more than 10, continwusihours ancj,for more than 12 total sin guy 24 =hour period, or for any, penod,of, tqul p1ri'corid(ilons that threaten the health or well-being of the animal. Chapter 7.36.050 General animal care. (f) No chain or tether shall weigh more than 1/8 of the animals body weight (g) Any chain or tether shall be at least ten (10) feet in length and have swivels on both ends. (h) Any chain or tether must be attached to a properly fitting buckle -type collar or harness worn by the animal. Choke collars and pinch collars are prohibited for purposes of tethering an animal to a stationary object or cable run. A person may not wrap a chain or tether around an animal's neck. A chain or tether used to restrain an animal must, by design and placement, be unlikely to become entangled. (i) It shall be unlawful for the owner /guardian of any animal to keep or maintain the animal on a tether for a period of more than ten (10) continuous hours and no more than twelve (12) hours in any twenty -four (24) hour period, or for any duration under conditions, which threaten the health, or well being of the animal. Floyd County, Indiana Only; §payed "or neutered do may, be chained These, ogs may Hotta °chained or tp"ted for nioa e'ihan 10 hours In`any'24=hour period and never between sunset and sunrise. The chain may not weigh more than one - eighth of the animal's bodyweight ss. A -0.00 Restraint 2. For dogs and puppies, RESTRAINT shall mean restricted to the premises of the owner and confined in a secure enclosure as previously defined, or accompanied by the owner and under his(her direct control. a) Any tethering system employed in place of a fence shall not allow the dog or puppy to leave the owner's property. The chain or tether must not be made of rope, twine, cord or similar material that can easily be cut or chewed through. Any tethering system shall not be acceptable for any dog declared dangerous. b) No chain or tether shall weigh more than 1/8 of the animals body weight c) Any chain or tether must be attached to a properly fitting collar or harness worn by the animal as defined in this ordinance. A chain, choke or pinch collar shall not be utilized for tethering purpose. bttp://www.helpinganimals.com/gajimitedChaining.asp#denve,, 1 r, / Ji �i f• � h "; nu 5 of 22 5/31/2009 9:17 PM Search - .y.......... .aa..ayaaabaauaaauao.�.v�t�ju �.11u111cLL U1C4K111�'.ilS� U V for e-mail updates[ peas Pa6 Mk Pr M A oy6x,V S, r.. ANIMALS @ HOME HELP AN ANIMAL WILDLIFE TRAVEL SHOP ABOUT US DONATE NOW 00 In This Section Pirds Should Fly Free Help Your Local Animal Shelter Human Abuse/Cruelty to Animals Never Buy Animals From Pet Stores or Breeders Other issues Raise Funds for Animals Report Cruelty to Animals Spay /Neuter Immediately Unchain Dogs Urgent Alerts ti Resources Ads/PSAs Celebrities Helping Animals E -Cards Factsheets FAQs Guide to Letter- Writing Literature Photos Victories Heip.an Animal // Unchain Dogs Breaking the Chain of Cruelty and Danger: Anti - Tethering Ordinances While many cities and counties have addressed this cruel and dangerous practice in an effort to prevent tragedies from striking near home, others consider such legislation only after chained dogs maul children in their areas. Calls for change were heard after the April 2005 death of a 4-year -old Virginia boy who approached his family's chained dog. Three days after the child died, the editors of The Free Lance -Star of Fredericksburg, Virginia, wrote, 'Localities should seriously consider outlawing the tethering of dogs. After all, if chaining is both (1) cruel to the dog and (2) dangerous to human passersby, why countenance it?' Following five days of public debate about 'Chaining dogs creates unsafe the issue, an editorial in the same newspaper read, 'Chaining dogs is cruel neighborhoods. Chaining dogs creates and dangerous.... 'Dogs are members of communities in which our children, our elderly, or anyone unlucky enough is the family, not lawn ornaments or furry at risk for injury or death.' alarm systems,' states PET& Localities —Sue Sternberg, animal behaviorist should reinforce that truth by banning the chaining of dogs.' Make your community a safer place for both dogs and humans. Read the laws that have been passed by other communities see what officials in those communities are saying about their laws, and get started on changing your area for the better! IN THS SECTION The Cruel, Dangerous Practice of Chaining Dogs Why Chained Dogs Attack Official Findings on Chained Dogs Chained -Dog Attack Summaries '^ Neglected Animals With No Escape Helping an Individual Chained Dog �. Breaking the Chain With an Ordinance On the Front Lines Chaining Ordinances Work ` Current Legislation on Tethering Dogs SEE ALSO Chained Dog Bookiet for Public Officials 'Friends Don't Chain Friends' -° Sticker 'Create a Nfraclefor Backyard Dogs' Flier 'What to Do if You Spot Animal T Abuse Factsheet 'Legal Shelter for Your Dog' Flier 'Finding the Right Home' Brochure Videos Please also print this booklet which discusses the need for tethering ordinances. 9 'Unsupervised Animal' Brochure The text is not copyrighted, and you are encouraged to use it however you wish, including in letters to the editor of your newspaper in response to stories about 'Save Our Strays' Flier neglected dogs or dog attacks and in correspondence with your local officials about • ` ' J�� passing laws in your hometown. [l Dog Chained D Brochure t $�Y.AraD�,` NEi�T�Rx,, 1 You can improve the lives of dogs and cats suffering from cruelty and neglect Sample Ordinances iwtidEAiE Forward this to friends. 'Lobbying for Change Factsheet WORK FOR �Q [j Miniature Backyard Dog Poster ^, 'Overview of the Legislative —' Process' Factsheet I 'Tips on Working With Legislators' Factsheet ago E) Public Speaking Factsheet 1 of 2 5x''31/2009 5:08 PM f II l Your Chaining / Q,. Sample Tethering Ordinances These ordinances represent a cross - section of dog- tethering regulations from across the country. Every community has different needs and will require different standards and different wording. While no ordinance is universally perfect, these samples can be a good starting point for writing new ordinances. Maumelle, AR: Tethering is prohibited; first such law in U.S. Live Oak, TX: Tethering is prohibited; enclosure definition. Tucson, AZ: Tethering is prohibited; not limited to dogs. Laurinburg, NC: 1 -hour limit on tethering; no specific standards for tethering Orange County, FL: Prohibits tethering 9am -5pm & during extreme weather; standards Virginia Beach, VA: Sets 3 -hour limit on tethering; standards Baton Rouge, LA: No tethering time limit; sets standards for tethering and yard upkeep San Francisco, CA: No tethering time limit; tethering and shelter standards Los Angeles, CA: No tethering unless dog must be restrained while owner performs task Maumelle, Arkansas Sec. 10 -90. Confinement of animals. (a) Any person owning animals, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such animal within an adequate fence or enclosure, or within a house, garage or other building. Animals shall not be tied or chained to doghouses or other stationary objects but must be in an approved enclosure. Live Oak, Texas SECTION 10: Animal Restraint is Required. (a) It shall be unlawful for any person owning, harboring or in possession of any animal to permit it to be free of restraint either inside or outside such person's premises. (b) Any animal permitted to be kept within the City shall not be chained, tied, fastened or other wise tethered to any stationary or inanimate object as a means of confinement and restraint to property. First time violators of this provision may be given one (1) to two (2) days grace without penalty to correct a violation of this provision. Exception from penalty shall not be given in any case where the violation of this provision causes or contributes to the bodily injury of a person or animal. An animal chained; not having food; not having water; not having shelter mall be considered separate offenses under this provision and each violation Ashall carry a separate penalty. THE HUMANE SOCIETY OF THE UNITED STATES 002�Gdop 2100 L Street, NW Washington, DC 20037 humanesocietyorg Printed on 100% post- consumer recycled paper. (c) All animals permitted to be keOpt within the City must be restrained at all times within the owner's premise, by a secure fence, or on a leash or lead. (d) Any dogs confined within a fenced yard must have an adequate space for exercise based on a dimension of at least one hundred (100) square feet. Provided further that where dogs are kept or housed on property without a fenced yard, the owner of such dogs or persons having custody of such dogs shall provide an enclosure for such dogs meeting the one hundred (100) square feet dimension. Such enclosure shall be constructed of chain link or similar type materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of such enclosure shall be covered with materials to provide the dog with shade and protection from the elements. (e) An animal shall not be considered enclosed by a fence or restrained when and if the animal can pass through, under or over the fence, or the gate of the fence is not securely latched. (f) A dog that can snap or bite a person through a fence shall not be considered enclosed by the fence or restrained. (g) An electronic fence shall not be considered to be a fence, and an electronic leash shall not be considered to be a leash. (h) A dog will be considered to be leashed only when the leash is six (6) feet or less in length or is a retractable leash, and is being grasped by an adult, provided that if the dog is less than twenty (20) pounds then the leash may be grasped by a person who is competent to handle the dog and is over twelve (12) years of age. Tucson, Arizona 1. Sec. 4 -3(2). Neglect. The purpose of this subsection is to guarantee that animals under human custody or control are housed in healthy environments and are provided with proper food, water, shelter, medical care, exercise space and ventilation. Any person owning or having care, control or custody of any animal shall provide: (a) That the animal receives daily, food that is free from contamination and is of sufficient quantity and nutritive value to maintain the animal in good health. (b) That potable water is accessible to the animal at all times, either free - flowing or in a clean receptacle. (c) That, except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any such artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements, and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, shall not comply with this section. Any shelter, all bedding and any spaces accessible to the animal shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured, or becoming infested with parasites. (d) That the animal receives care and medical treatment for debilitating injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering. (e) That the animal is given adequate exercise space as follows: (1) Within an enclosure that shall be constructed of material, and in a manner, to minimize the risk of injury to the animal, and shall Virginia Beach, Virginia Sec. 5 -19. Adequate space for animals; time restriction on tethering dogs. (a) It shall be unlawful to fail to provide any animal with adequate space. "adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. (b) When a dog is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the dog. The tether must be attached to the dog by a properly applied collar, halter, or harness configured so as to protect the dog from injury and prevent the dog or the tether from becoming entangled with other objects or dogs, or from extending over an object or edge that could result in the strangulation or injury of the dog. Furthermore, the tether must be at least three (3)times the length of the dog, as measured from the tip of its nose to the base of its tail, except when the dog is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the dog, temporarily and appropriately restricting movement of the dog according to professionally accepted standards is considered to be provision of adequate space. (c) It shall be unlawful for any dog to be tethered for more than three (3) hours, cumulatively in any twenty- four -hour period. Baton Rouge, Louisiana Sec. 14:203. Minimum requirements for dog and cat pens and yards b) Minimum Requirements for Dog and Cat Yards: (1) It shall be unlawful for any person keeping or harboring animals to fail to keep the premises or dog or cat yard where such animals are kept, free from offensive odors to the extent that such odors are disturbing to any person residing within reasonable proximity of said premises. (2) It shall be unlawful to allow the premises or dog or cat yards where animals are kept to become unclean and a threat to the public health or comfort by failing to diligently and systematically remove all animal waste and fecal material from the premises. (3) It shall be unlawful to allow dogs or cats or premises where dogs or cats are kept to become infested with ticks, fleas, flies or other animal - related parasites, by failing to diligently and systematically apply accepted methods of insect/parasite control as indicated. (6) Tethers used to restrict the animal to the confines of its owner's property shall be minimum length of five (5) times the length of the animal, as measured from the nostrils to the base of the tail. Tethers shall restrict the animal to its owner's property. The area shall be kept free of obstructions to prevent entanglement. No tethered animal shall be allowed to endanger the health, safety or welfare of others. (7) The animal control center shall be empowered to order all animals removed from the affected premises and dog and cat yards until the owner comes into compliance with this section. The animal control center shall be entitled to charge a reasonable boarding fee for animals so held. San Francisco, California SEC. 41.12. DUTIES OF OWNERS OR GUARDIANS. (c) The owner or guardian of any animal shall provide proper and adequate food, water, shelter, care, exercise and attention for such animals. 1. SHELTER REQUIREMENTS B. The tether is attached to the dog by a non -choke type collar or body harness at least 10 feet in length which would allow the dog access to food, water and shelter, but free of obstructions. Los Angeles, California D. Tethering. It shall be unlawful for any person to tether, fasten, chain, tie, restrain or cause a dog to be fastened, chained, tied or restrained to houses, trees, fences, garages or other stationary or highly immobile objects by means of a rope, chain, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the following requirements are met: (1) The tethering shall not be for more time than is necessary for the dog owner or custodian to complete a temporary task that requires the dog to be physically restrained for a reasonable period. (2) The dog must be tethered by a non -choke type collar or a body harness to a tether that is at least three (3) times the body length of the dog, measured from the dog's nose to the back of the hindquarters and which tether is free from entanglement. (3) The dog must have access to food, water and shelter as described above. (4) The dog shall be monitored periodically. 6-f/ Xr l �. b i I d o ul lc at a time ByAlian Rogers g past racing season, chnuelle, known For his no-nonsense dog - driving abilities but perhaps best recog• nized by his wild hair, won the Yukon Quest International Sled Dog Race in Febru- ary and followed that up with a second -place finish in the Iditarod Trail Sled Dog Race in March Schnuelle never intended to win the Quest this year Sure, he knew his team was solid, but Iike, any successful musher knows, when the rare opportunity to strike, risky as it may be, presents itself, you must seize the moment or spend years regretting it And in Iditarod, he made a choice to forge through a nasty storm on the coast which helped stave off teams behind him and give him the chance to strike for silver, second to Lance Mackey, the three-time champion Schnuelle, who owns and operates Blue Kennels outside Whitehorse, Yukon, has about 40 race dogs in his yard in addition to plenty of touNuality dogs for excursions with guests who visit each year from all around the globe He doesn't do much of his own breeding, he said, because he doesn't really know what he's doing when it comes to that Schnuelle got started in dogs around 1997 with huskies from Arthur Beck and Sam Perino out of Yellowknife, Northwest Territories He also got a couple of pups from Larry 'Cowboy Smith out of Dawson City, Yukon One of those young mutts was Tang, a beloved leader that has finished the majority of races that Schnuelle has done, but we'll get back to her rater Schnuelle attempted his first Quest in 1999, but he admitted, he was very inexperi- enced and scratched partway through the race. He took a five -year hiatus to learn all he c— id and returned to the 1,000 -mile race across the Yukon and Alaska in 2004 He finished 10th that year and, he said, was completely addicted Since 2005, he has run the Quest and the iditarod back to back, not to mention a variety of 200• and 300 -mile contests. But 2009 will go down as his best yet and he attributes that to consistent year -round training and a schedule of long, slow runs with shorter rests "I never stop training „” he saic over the ears ut or nof�w e7s st nes67F-summer at a g acier tour Ao easonit a , ems,nK e even a mi o Ing"mosr,ol en es n wa on ns part o�ra"f�""is nom'" an"" "1raieing" mg-s , nd� iF you i]i nk iog`s gei sured once, bfushing , he as- IM "I just like being around them and so I make sure I have as much time as I can with them," he said "They absolutely do not get soft and if they do, I make sure my training makes them hard 'Each year I've tighten down the screws a bit more I like to train dogs, but consciously this year, I upped the ante in training ' He upped the ante not by going faster but by going slower and longer By the time the Quest came aroun he had 3,800 training miles on his dogs "I definitely wouldn't call it standard training," he said, noting that all of his Iditarod dogs ran the Quest with either him or Mark Sletghtholme. "I went slower this year than I ever hove before' And he still set the Yukon Quest's record finishing in nine days, 23 hours and 20 minutes 'I drove the fastest Quest time ever with one of the slowest teams in the race,' he laughed Schnuelle trai.- -.'J at around seven or eight miles an hour and competed in his races the same way, doing long seven- to ntnehour runs. He rarely stopped at a checkpoint in the Quest or Iditarod but instead chose to camp out on the trail where the dogs could get quality rest and he could remain undistracted "My philosophy is that I want the dogs to see in train- ing what they're going to see in the race I simulate the race situation and then 1 have the confidence in them that they'll do what I expect them to do in a race,' he explained "Last year, people were laughing at me with all the long miles I was doing." His team left the kiitarod restart in Willow this year, motivated and focused albeit slow. The first rival team 16 •• Mqy 1June2oo9 `^} r:iPlµS?:• °.:• .sv�o•,t'+�:{t} y'y i' -yea, et in �ft lu 1 b i I d o ul lc at a time ByAlian Rogers g past racing season, chnuelle, known For his no-nonsense dog - driving abilities but perhaps best recog• nized by his wild hair, won the Yukon Quest International Sled Dog Race in Febru- ary and followed that up with a second -place finish in the Iditarod Trail Sled Dog Race in March Schnuelle never intended to win the Quest this year Sure, he knew his team was solid, but Iike, any successful musher knows, when the rare opportunity to strike, risky as it may be, presents itself, you must seize the moment or spend years regretting it And in Iditarod, he made a choice to forge through a nasty storm on the coast which helped stave off teams behind him and give him the chance to strike for silver, second to Lance Mackey, the three-time champion Schnuelle, who owns and operates Blue Kennels outside Whitehorse, Yukon, has about 40 race dogs in his yard in addition to plenty of touNuality dogs for excursions with guests who visit each year from all around the globe He doesn't do much of his own breeding, he said, because he doesn't really know what he's doing when it comes to that Schnuelle got started in dogs around 1997 with huskies from Arthur Beck and Sam Perino out of Yellowknife, Northwest Territories He also got a couple of pups from Larry 'Cowboy Smith out of Dawson City, Yukon One of those young mutts was Tang, a beloved leader that has finished the majority of races that Schnuelle has done, but we'll get back to her rater Schnuelle attempted his first Quest in 1999, but he admitted, he was very inexperi- enced and scratched partway through the race. He took a five -year hiatus to learn all he c— id and returned to the 1,000 -mile race across the Yukon and Alaska in 2004 He finished 10th that year and, he said, was completely addicted Since 2005, he has run the Quest and the iditarod back to back, not to mention a variety of 200• and 300 -mile contests. But 2009 will go down as his best yet and he attributes that to consistent year -round training and a schedule of long, slow runs with shorter rests "I never stop training „” he saic over the ears ut or nof�w e7s st nes67F-summer at a g acier tour Ao easonit a , ems,nK e even a mi o Ing"mosr,ol en es n wa on ns part o�ra"f�""is nom'" an"" "1raieing" mg-s , nd� iF you i]i nk iog`s gei sured once, bfushing , he as- IM "I just like being around them and so I make sure I have as much time as I can with them," he said "They absolutely do not get soft and if they do, I make sure my training makes them hard 'Each year I've tighten down the screws a bit more I like to train dogs, but consciously this year, I upped the ante in training ' He upped the ante not by going faster but by going slower and longer By the time the Quest came aroun he had 3,800 training miles on his dogs "I definitely wouldn't call it standard training," he said, noting that all of his Iditarod dogs ran the Quest with either him or Mark Sletghtholme. "I went slower this year than I ever hove before' And he still set the Yukon Quest's record finishing in nine days, 23 hours and 20 minutes 'I drove the fastest Quest time ever with one of the slowest teams in the race,' he laughed Schnuelle trai.- -.'J at around seven or eight miles an hour and competed in his races the same way, doing long seven- to ntnehour runs. He rarely stopped at a checkpoint in the Quest or Iditarod but instead chose to camp out on the trail where the dogs could get quality rest and he could remain undistracted "My philosophy is that I want the dogs to see in train- ing what they're going to see in the race I simulate the race situation and then 1 have the confidence in them that they'll do what I expect them to do in a race,' he explained "Last year, people were laughing at me with all the long miles I was doing." His team left the kiitarod restart in Willow this year, motivated and focused albeit slow. The first rival team 16 •• Mqy 1June2oo9 Page 1 of 3 Bill Fabrocini From: "Dawn Shepard" <dawn @dawnshepard.com> To: "Bill Fabrocini" <fabrocini. bill@comcast. net> Sent: Wednesday, February 11, 2009 8:02 AM Subject: Fwd: Tethering waiver FYI ---- - - - - -- Forwarded message ---- - - - - -- From: Dawn Shepard <dawn@dawnshepard.com> Date: Wed, Feb 11, 2009 at 8:00 AM Subject: Re: Tethering waiver To: "Anderson, Kate" <Kate.Anderson@ag.state.co.us> Dear Dr. Anderson Thank you for taking the time to read my letter and providing a response. Yes, improvements for puppies have been made at Krabloonik. They have large runs to grow up in but at four months old they too will be placed on a 5 foot chain that, even by your organization's own rules is too short. They will live on this chain most of their lives. You write in your response that, "When the rules were written this type of housing for Arctic dogs was considered normal and usual for the breed and activity. " This really doesn't provide much logical rationale for the current practice of prolonged tethering. When was this rule established? It seems clear to me that it is time to take another look, and at least consider rewriting the rule. There have been rules and practices that were once considered legal and acceptable that if were in place today would be considered cruel and inhumane. Examples are slavery and wife beating. The owner has begun to put up some of his older dogs for adoption at our Animal Shelter. Previously he would take them to a landfill and shoot them. I understand that this practice is legal in Colorado. Some of the dogs that are turned over the Animal Shelter have a difficult time walking in a straight line because of the prolonged time on such a short chain; it can take months to correct their walk. There are many people in my community who feel very strongly about working dogs such as Arctic style dogs, or any dog, who is subject to being tethered on short chains for seven or eight months at a stretch and we are willing to keep pressing this issue. I appreciate that you will bring this issue to your next Advisory Committe meeting Sincerely, :Dawn Shepard Aspen CO 5/31/2009 / r ' v r G Z O CJ' ID Z / �/ �/ � /i% i,' /// „' �" c GN 1 74 Tn z 7-, r G G') rn :, I I s`l h-, J All Of f � � ri UU 46. "oe - gg �6 P D? ly 4o r EU . . . . . . ,,Y, � I ri 46. 7 Z �,�.�� ..._s . ..� ;,r c rxt �. ,�, r„ NMI "I C 7'r "Q'IP OW so Ono' J�j „, °`R! ONK 44WA 504 ��,st MAR" 111, MEM lwt AMW Alf ME w1of M-A L t try, low ......... �,') . . . . . . . . . . . . . . . . ti MEMORANDUM TO: Snowmass Village Town Council FROM: Marianne Rakowski, Finance Director Russ Forrest, Town Manager DATE: June 15, 2009 SUBJECT: Ordinance No. 6, Series of 2009 Amending the 2009 Budget for the General Fund, Real Estate Transfer Tax Fund, Road Mill Levy Fund, Marketing and Special Events Fund and the Group Sales Fund for the Town of Snowmass Village I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Second Reading of an Ordinance amending the 2009 Budget for the above funds of the Town of Snowmass Village II. BACKGROUND Per the Home Rule Charter, the Town Council adopts the budget by resolution, but any amendments to the original budget must be by ordinance. This ordinance amends the above 2009 budgets and authorizes the appropriation of those funds. The Financial Advisory Board reviewed the budget on May 6, 2009 and recommends adoption of the 2009 revised budget. 2009 General Fund Budget Summary 2009 revised operating revenues are projected lower than budget by $2,096,935. The revised revenues reflect a decrease in sales tax revenues, building department fees, ski corporation contribution and transfer in — RETT Fund and Road Fund. 2009 revised operating expenditures are projected lower than budget by $1,664,494 as a result of lower fuel costs, utilities and vehicle parts and supplies and economic conditions. In addition, other expenditures were reduced by $272,212. The 2009 revised budget is projected to end the year with $5,613,706 in fund balance. III. STAFF RECOMMENDATION Adoption of Ordinance No. 6, Series of 2009. M SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 6 SERIES OF 2009 AN ORDINANCE AMENDING THE 2009 BUDGET FOR THE GENERAL FUND, REAL ESTATE TRANSFER TAX FUND, ROAD MILL LEVY FUND, MARKETING AND SPECIAL EVENTS FUND AND THE GROUP SALES FUND FOR THE TOWN OF SNOWMASS VILLAGE. WHEREAS, the Town Manager, has submitted a 2009 Revised Budget; and WHEREAS, the 2009 budget, revenues and expenditures have varied from budgeted amounts; and WHEREAS, sales tax revenues, building department fees, ski corporation contribution and transfers in from other funds are revised lower than budgeted and General Fund expenditures are revised lower due to economic conditions; and WHEREAS, the Town of Snowmass Village Home Rule Charter requires adjustments to the budget when circumstances change relating to the budget. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One: Revised Budget That the Town of Snowmass Village 2009 budget be adjusted to the 2009 revised budget using the General Fund Hybrid #2, the Real Estate Transfer Tax- contingency budget, Road Fund revised budget, Marketing and Special Events 20% revised budget and the Group Sales 20% revised budget, a true and accurate copy of which is attached hereto. Section Two: Appropriation That the 2009 revised budgeted revenue is hereby appropriated for expenditure during the 2009 budget year. Section Three: Effective Date This Ordinance shall become effective upon adoption in accordance with Article X, Section 9.11 (e) of the Home Rule Charter. INTRODUCED, READ AND ADOPTED on first reading by the Town Council of Snowmass Village, Colorado on the 1st day of June, 2009 with a motion made by Lewis and seconded by Wilkinson and by a vote of 5 in favor to 0 opposed. INTRODUCED, READ AND ADOPTED on second reading by the Town Council of Snowmass Village, Colorado on the 15th day of June, 2009 with a motion made by and seconded by and by a vote of in favor to — opposed. A roll call was taken, those in favor were , those opposed were ATTEST: Rhonda Coxon, Town Clerk TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor M a N � 1 h 3�s -, LL N � 11 OC 8 � .s •Q a ~ qr P M v C W W IY v N O h O P N n N j[r~ i in P N P N N 4W 4W N N N N N N N N N N N N N N N N N N $ 8$$$ 8 pN 8 p $ O pN 8 $ $ Y e w Il N 88 O m N 8 �1�p 8 O g r On 1� N 8$ .$� 8$ , � N � pp� N QO `^ N v� N.. 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O; N (V ^ i N N .E a ago °D q mo {y W N10 Go O` C-i N i C i m R N N ao ° g °o a lot Qa' i v, N `O O O co m N Go l m N 4M1 m W v p 1 i `o > 41- ix p n O O CL ; .O co ad Cd N .CV)O N N? co N CY N m v CY N M a v 401, �. ; M VF V► N V} i � .. 1 W i {y W 5 i C i lot i W i `o > ix CL it d O L i C O 3E ga > ? 3m� IL a 0 14 � 3� � I- (I m Ch N 01 Ar N O M > N K �N O O� M N � MF O � M O N M Cl) .o Q � M G O N � M m N N 9 N a 0 .O N .O a N N m 8 a 8 O N $ O M � In pO in M ILf m a O N 44- 4A N 8 8 >1 N +,0R a. � 8 pQ� %0 O O O N N N O� Ini � N W q V► W y} m S 8 c co In G m ^. b 0 co N Z M co C N M LO 8 Y N < M O cm •� w M .Mi v ° 8 1L O 4A. 4A 40- m V} ^N iR W n ^ M .� :3 O cc .Q W O app 111f// M M O N .. N N O M fA 401. M N 9 N a 0 .O N .O a N N m V! V► m O O $ N M � In pO in M ILf m a O N N N F v m >1 N +,0R N 9 N a 0 .O N .O a N N m V! V► N O O N M � O K in M m a O N N N F v m N +,0R .�. M � 8 pQ� N 10 ^ N O N N cy � V► N 9 N a 0 .O N .O a N N m 8 OAS, N N Ci I N O N in C O O O in M a . v m N .�. M � N a N N N N K W W W q V► y} m so c W G m ^. b eh co .p Z M N Q n 0 N M LO 8 Y N < M O cm •� M .Mi v 1L 4A. 4A 40- V} iR W V! ti O O :3 l .Q W O app 111f// N ~ .. Cy CD M O .. N N O M N N co M rf 0% m m M ~ M 4R- v LU W N W � a 40 m so W G b Z MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: June 15, 2009 SUBJECT: Extension of Development Moratorium I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Second Reading of an Ordinance extending the moratorium for six months to December 31, 2009. II. SUMMARY OF PROJECT The moratorium expires on June 30, 2009 but it appears that the Comp plan review and Code review will not be complete by that date. Council may extend the moratorium by a duly adopted ordinance. III. BACKGROUND A. Ordinance 21 of 2007 enacted the moratorium. B. Ordinance 5 of 2008 extended the moratorium to July 31, 2008. C. Ordinance 10 of 2008 extended the moratorium to December 31, 2008. D. Ordinance 16 of 2008 extended the moratorium to June 30, 2009 IV. APPLICABLE REGULATIONS n/a V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV extend the moratorium to allow time to complete the review of the comp plan and Code? VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council discuss and determine the course of action of this Ordinance at Second Reading June 15, 2009. Staff feels that six months is sufficient time to complete the work ahead on the comp plan and possible Code revisions. Options include: approve, amend or deny at Second Reading. 1i11111M I���ifj� /i TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO.7 SERIES OF 2009 AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW LAND USE APPLICATION SEEKING DEVELOPMENT APPROVAL FOR REAL PROPERTY LOCATED IN THE WEST VILLAGE COMPREHENSIVELY PLANNED AREA AND FARAWAY RANCH NORTH COMPREHENSIVELY PLANNED AREA FOR A PERIOD OF SIX MONTHS WHEREAS, the Town of Snowmass Village has undertaken a targeted review and update of the Comprehensive Plan; and WHEREAS, the review and update of the Comprehensive Plan is targeted in order to comprehensively plan for the remaining commercial areas of the Town and review and update other areas of the Comprehensive Plan as needed; and WHEREAS, in conjunction with the review and update of the Comprehensive Plan, the Town Council desires that the Planning Department conduct an analysis and assessment of Chapter 16A of the Snowmass Village Municipal Code in order to provide Town Council with a review of the existing land use code and regulations as they affect land use and development in the Town, specifically in the West Village Comprehensively Planned Area ( "CPA ") and the Faraway Ranch North CPA; and WHEREAS, the Town Council upon completion of the targeted review and update of the Comprehensive Plan and report of the Planning Department regarding the existing Chapter 16A of the Snowmass Village Municipal Code shall consider amendments to the Comprehensive Plan and Chapter 16A; and WHEREAS, the Town Council has enacted and subsequently extended a moratorium that currently expires on June 30, 2009 for land use applications in the West Village CPA and Faraway Ranch North CPA to enable reasoned discussion and action regarding the targeted review and update of the Comprehensive Plan and allow full and complete discussion of any amendments to the Comprehensive Plan and the Chapter 16A of the Municipal Code; and WHEREAS, the Town Council has determined that it is prudent to review any future land use applications after the completion of the targeted review and update of the Comprehensive Plan and review of Chapter 16A of the Municipal Code and the reasonable estimate of the time to complete such actions was six months, however, more time is needed to complete the reviews of the Plan and OYUf� �i�ifl 1dif�IVj '✓ ! //I Ix Code and another six months seems a reasonable time to complete said reviews; and WHEREAS, Ordinance 21, Series of 2007 provides that the moratorium may be extended by a duly adopted ordinance of the Town Council; and WHEREAS, Town Council has determined that it is necessary to extend the duration of the moratorium in order to provide the time necessary to: conduct a review and update of the Comprehensive Plan, to prepare an analysis and assessment of all current land use regulations, and to allow time for the Town Council, Town Staff and the citizens of Snowmass Village to consider amendments, if necessary, to the Comprehensive Plan and Land Use Code of the Town of Snowmass Village. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village as follows: 1. That the temporary moratorium on land use applications enacted by the Town Council by Ordinance 21, Series of 2007 is hereby extended to December 31, 2009. 2. That all other terms of Ordinance 21, Series of 2007 shall remain in full force and effect through the period of this extension. 3. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. INTRODUCED, READ, APPROVED AND ADOPTED, on First Reading by the Town Council of the Town of Snowmass Village on June 1, 2009 upon a motion by Council Member Lewis, the second of Council Member Mordkin, and upon a vote of five (5) in favor and none (0) opposed. INTRODUCED, READ, APPROVED AND ADOPTED, on Second Reading by the Town Council of the Town of Snowmass Village on June 15, 2009 upon a motion by Council Member , the second of Council Member , and upon a vote of in favor and opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor i F ME, , WIN N ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney iii MEMORANDUM TO: Snowmass Village Town Council FROM: Joe Coffey, Housing Department DATE: June 15, 2009 SUBJECT: Town Council selection of applicants for Citizens Housing Advisory Committee. i. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Town Council will interview and select three citizen applicants to serve on the Housing Advisory Committee. 11. SUMMARY OF DESCRIPTION OF PROJECT. The Council requested the Housing Director to assemble a new Citizens Housing Advisory Committee to review and discuss some of the current Housing Guidelines. Attached to this memorandum are four applications from local citizens and I may receive more applications before the June 15th, 2009 meeting. The 2009 Housing Advisory Committee will consist of five members with two members returning from the 2003 Housing Advisory Committee. The two members from the 2003 Committee are Rick Griffin and Robert Goldstein. These two returning members have spent countless hours reviewing and discussing the current Guidelines in 2002 & 2003. Listed below are some of the Housing Guideline Topics that will be discussed. • Allowing school and hospital employees eligibility for housing in both rental and sales units. • Downsizing within the current deed restricted sales units. • Lottery procedures • Income and Asset Guidelines Other housing topics will be discussed as well. 111 STAFF RECOMMENDATIONS Staff recommends the Town Council to select three new Housing Advisory Committee members and direct staff to begin these Housing Guideline discussion meetings right away. If the Council has other housing topics to add to the topics above please communicate these to staff. I I TOWN OF SNOWMASS VILLAGE Application for Housing Advisory Committee JUN n q 2009 Name: A _F oma Phone: ql7© Email: APd eko� Physical Home (�Zl -t f- /}r�j(��Q17GL-` L� Address: Permanent Residence?: city. SN�tJ jt2/l-�i'S i�LC,� G � ST. & ZIP: /s �-,! Yes Psl No ❑ t-- 1, Mailing Address: P(, J ( i ..— wv6WlKiFS 5 oLL. If No, place of Permanent Residence: Business Mailing Address: N1A Office Phone. N/A /� Email address: Employed With: 1&— r / 'e 4t Position: Are you Registered to Vote in Snowmass Village: Yes g or No D Usst� the , Experience or Education which may qualify you for this position: :0 � . &'U6 iyv�� �� ✓� I 154, `LJ� /rL7$-L �5r%�� /7 6&e-, ^7t �/L�C�( e t/bv CC -6 "d) /- K nz &-,L A4;? &;C.-N / - C/,,'l Tv c/ ea- z'40 S 7-/- 71 - e,In GQ &- S— �rivoT/ ecvrQ 4a5 7cq — v S/. 1#G7ke13e2 -5R4 Rl' -- 5 %2 5 . r,>5 ✓ A,) oe"Vzf l %Z -- - /3v/1r� -r /"- e 7/ � Why do you wish to be appointed to this position ?: /1'✓T�72L S r `�� � N G`u7�iKG+ir/ � ! y/ % t�TC ✓.� � .. /L �- °L�Y✓z'7� cry' -� � c�-�7 /� ��5 ; ,Fig a.Z�? I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the D� - ©3 - o� Date Return to: Housing Department, awn of Snowmass Village, Box 6156, Snowmass Village, CO 81615 p:lsharedlclarldboarJslapp.b &c Im z Windows Live - Home Profile People Mail Photos More. Shi, - p Hotmail New P Delete I Mark as , Move to ' Messenger i Cep Lhedemps2003 @hat... Reply Reply all Forward { I. "'Cured" Inbox Teeth piV� Junk Citizens committee on employee housing Drafts From lar rY a P se Y (thedem Ps 2003 @hotmaii.com } Sent: Wed 4/22/09 12:16 PM Sent 1 -. To: rforrest @tosv.com Deleted Hi Russ, Learn the trig pictures by a mom., tc teeth white; Manage folders Confirming our brief phone conversation this morning, I am available $10. Related places and interested in being considered for the committee. I was the president and general manager of The Crestwood for 25 years and Do you h, Today retired from that position a few years ago. I was a member of the teeth? Contact list S Board of Governors for 20 or more years and its president for several years including the years when the Snowmass Conference Calendar center was conceived, financed and built. I was appointed by town fl �j a ll council, as the citizen -at- large, to-the committee dealing with wildlife A i tai:, during the Burnt Mountain ski area expansion. I am the owner of a °ter "Ussip N 3 bedroom unit at Mountain view. I have been a resident of YoUr �; °UO' � Snowmass since 1973. I will return to Snowmass sometime around Learn the try the end of May or the beginning of June. My cell number is 970- by a mom, t: bee Privacy 948 -8979. I will be out of the country from April 28 to May 16 and th nl,ite B out of touch by cell phone during that period. My email address is at the top of this email. I can be contacted by email during my travels. DON'T Pal Te et:lh Thanks for your consideration, Larry Dempsey p Windows Liver Hotmail @:...more than just e-mail. Check it out. Learn the se discovered t fumed her,, white. http://byl09w.bayI09.mail.live.com/mail/lnbo x i ht.as x?Fol erI = 00000000- 0000- 0000... 6/3/2009 to 009 /THU 03:17 PM ALPINE SNOWMASS FAX No,9709236973 TOWN OF SNOWMASS VILLAGE Application for Housing Advisory Committee P. 001 /001 JUN 0 2009 W6 you Registered to Vote in 'Snowmass Village: . Yes t'or No El List the Experience or Education which may qualify you for this position: p rri K f9to-v) 14-1 ID+t.« .� �..s ,a � Lnd[6cr � ' � rr .�� a-1( r f•/�.c ' v�' ,�c �,rcc, ;3 �, r . f�.�F t,:,�f,: , n^ Why do you wish to be appointer) to this position ?: ' fl a�3pf,`c� w� -FO' 44�--IfV w,,n -1�✓' `"�%!'�" y o v so,,< e,4 oa X (zw �• d�F��' �+�rct �� " Iq lri V T11 - 5 y � ..w .` F~ t,,• � -7- AtAlh,,-s -r-a o. pr,-x 1k, o:� p r,`4s S c'�fYl C 0 N rf � r.QR �% a borsY4 P''j°pe�j' �iF�.c -r. 9a 'r-o prtillc �ccaw�7r 2 I acknowledge that I am familiar with the qualifications, duties and retponslbliities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities and duty. Applicant's Signature Date Return to: Housing Department, Town of Snowmass Village, Box 6156, Snowmass Village, CO 89615 p;lsharedlclerMboardetapp,b&0 Hama Phone: Email; Physical Home Permanent Residence ?: Address: 3!1 Wl'Rvcr<<k c�•f�l'C City: 5T. &SIP; Yes Er, No Sr�ww�.w- Y•'lfnyac CQ $(b /sue Mailing Addrua: If No, place of Permanent Residence: PA tg V)c sssd s y,.,w BuSinsag MaYhng Address: pp it a?C Office Phone: Email addrr►ss: Employed With: Po$ftlon: /' / ' �l Pr�yi� �F�i-Nl�• ' S17bW wldv�+ V`: l�t Y 1`�L Ya S:X� W6 you Registered to Vote in 'Snowmass Village: . Yes t'or No El List the Experience or Education which may qualify you for this position: p rri K f9to-v) 14-1 ID+t.« .� �..s ,a � Lnd[6cr � ' � rr .�� a-1( r f•/�.c ' v�' ,�c �,rcc, ;3 �, r . f�.�F t,:,�f,: , n^ Why do you wish to be appointer) to this position ?: ' fl a�3pf,`c� w� -FO' 44�--IfV w,,n -1�✓' `"�%!'�" y o v so,,< e,4 oa X (zw �• d�F��' �+�rct �� " Iq lri V T11 - 5 y � ..w .` F~ t,,• � -7- AtAlh,,-s -r-a o. pr,-x 1k, o:� p r,`4s S c'�fYl C 0 N rf � r.QR �% a borsY4 P''j°pe�j' �iF�.c -r. 9a 'r-o prtillc �ccaw�7r 2 I acknowledge that I am familiar with the qualifications, duties and retponslbliities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities and duty. Applicant's Signature Date Return to: Housing Department, Town of Snowmass Village, Box 6156, Snowmass Village, CO 89615 p;lsharedlclerMboardetapp,b&0 MAY 2 " 2009 TOWN OF SNOWMASS VILLAGE Application for Housing Advisory Committee Name: s a �es�c G r r c�n e Home Phone. 9 p3 27o % Email jesS gf exnc er cc Physical Home G, ZZ Deer Fi e 1d Drive Address: Permanent Residence ?: City. S►AoiumctssVilic g1Z )CO "P15 sr &zlP J YesX No D Mailing Address: f C Box 00G)A- If No, place of Permanent Residence: 5 ,\owrnck5s\1 1 Uaci e Co SIG) Business Mailing Address: PO 5OK 59 sYlowmc`�s s V; lla C co; 1 G{$ 9 Office Phone: q 7O C IZ2 02 3 c1 '170923 i Email adrlresi:: ^' �.� .. � f Z 8 7S Employed With: ROCK, MouniCtin Chocolc4-e :[�Nc $Cr Position: e-6i d ey -odiws Akuwdi Are you Registered to Vote in Snowmass Village: Yes X or No D 1 List the Experience or Education which may qualify you for this position: Z %jmvt o� bo c helc6 ole gee in business vv�O�M,, ernes 1 hr-We been 1Y)arjck9inC pe�A1e -fvr over $ eckrs b,nd curren�(� oversee S�reS. � J Why do you wish to be appointed to this position ?; _ 'd j i k-e io b t Ck P Xk A I S comrrii �-ke -Fee i we are (and hc.,,ve h eeri -Ee.ty ' •>uxr- flow� hec<dinc- i» joie wr�mc cli rec.-i -,cam w hot;si ' , We are sAendi m�► °e +i,��eJcn-Eet- rs-e-4 nc ou- *dated ru(es it s -lead cf �cysi a on cie -4' na i)eoio le 6061r)sina. I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which I am applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the responsibilities and duties. `J G _ -512-Z og Applicant's Wnature Date Return to: Housing Department, Town of Snowmass Village, Box 6156, Snowmass Village, CO 81615 p:\shared\derk\boards\app.b&c 6 n TOWN OF SNOWMASS VILLAGE MAY Application for Housing Advisory Committee Name: Home Phone: ?v--3 –? 5/ 7 Email: Physical Home O t -� v. t �Q Permanent Residence ?: Address: city ST. l£ZIP: Y@s� No 0 nn Mating Address: d r� c�C S 3 Q If No, place of Permanent Residence: Business Mailing Address: _ Office Phone. Email address: — — 4:' ( (� Employed With: f1t1--1 e S I Are you Registered to Vote in Snowmass Village: Yes �pj or No 0 I List the Experience or Education which may qualify you for this position: Why do you wish to be appointed to this position ?: CA-"D _ r .� c va-, -A - `hr's: - d--t ` asR—CL e SS , 1 acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which 1 a applying and, if pointed, am ready, willing and able to take an oath as well as accepting the re onsibilities and es. Applica�!f Sigyature Date Return to: Housing Department, Town of Snowmass Village, Box 6156, Snowmass Village, CO 81615 p.%shared%derMboardslapp.b&c 01 .! �� i MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: June 15, 2009 (Note: Updated from the June 1, 2009 report) SUBJECT: CONTINUATION OF PUBLIC HEARING AND DISCUSSION — SNOWMASS CHAPEL: Regarding the proposed re- zoning to `Mixed- Use -1' (MU -1), together with associated subdivision exemptions for land exchanges and a lot line adjustment, plus a final re -plat of the property within existing Lot 1, and Lot 2A of the Snowmass Chapel Interfaith Subdivision Re -plat "A" and a portion of Parcel 10 of the Snowmass Club Subdivision, that were submitted in association with the proposed Snowmass Chapel expansion project Final Planned Unit Development (PUD) involving requested buildout and height variations. The applications are being processed pursuant to Section 16A -5 -220, Amendment to the Official Zone District Map, Section 16A -5 -360, Final Plan, Section 16A -5 -400, Subdivision Regulations, and Section 16A -5 -500, Subdivision Exemptions, of the Town of Snowmass Village Land Use and Development Code. The property on Lots 1 and 2A encompasses 3.99 acres, not including the impacted area onto Parcel 10 (golf course) of the Snowmass Club Subdivision. Applicant: Snowmass Chapel, Inc., formerly known as Snowmass Chapel and Community Center, Inc. Applicant representative: Doug Dotson Planner: Jim Wahlstrom I. PURPOSE AND ACTIONS REQUESTED. Purpose: The purpose of the meeting would be to: 1. Follow up on the core issues, concerns or comments expressed by the Town Council or staff at the meeting on May 18, 2009 to determine if the applicant or staff has adequately provided supplemental information to the satisfaction of the Council; 2. Open the public hearing and consider public comments on the follow up items concerning the Final PUD; 3. Review any remaining core issues; and 4. Determine if additional information or follow up is desired to adequately review any remaining core issues of the application. Action: It is anticipated that there would be no decision - making action on an ordinance or resolutions at this meeting. However, staff requests that Council determine, after review of the core issues for June 151h meeting, if the attached draft of the ordinance should be scheduled for introduction at the July 6, 2009 meeting. Depending on the outcome of the June 151h meeting discussion, the ordinance draft may need updates to its findings and conditions and action section. Subsequent resolutions for the proposed subdivision exemptions regarding the lot line adjustment and land exchanges together with the re -plat incorporating the exemption items would need to be prepared at least in time for the second reading of the ordinance. 1�u ac,c I1. BACKGROIUND. In order to provide a historical perspective on the review process times of the Chapel applications, below is a brief chronological listing of the Town's evaluation periods of the Chapel applications for the public record: Town's Sketch Plan review period (1 year, 2 months): ➢ March 9, 2001 — Applicant initially submitted a Sketch Plan PUD application; ➢ June 11, 2001 —Applicant submitted a revised application; ➢ March 1, 2002 — Applicant submitted a modification to the application; the Applicant also requested continuance of the application at the Town Council meeting on December 3, 2001 in order to address and submit new information regarding Town Council concerns related to architecture, height, mass, and scale issues and to allow for an interim joint meeting and Planning Commission review; ➢ May 6, 2002 — Town Council approved the modified Sketch Plan via Resolution No. 14, Series of 2002, following their review of the application early in 2002. Town's Preliminary Plan review period (1 year, 6 months): ➢ March 21, 2005 — Applicant initially submitted a completed Preliminary Plan application; ➢ May 2, 2005 — Joint meeting of Town Council and Planning Commission held; ➢ September 12, 2005 — Applicant submitted a modification to the application in response to a Town Council action on Ordinance No. 11, Series of 2005, at an August 1, 2005 meeting regarding the initial application's architecture, mass, scale and height variations; ➢ March 6, 2006 — Since this meeting, the applicant submitted three amendments to their application following several meetings of reviews by the Planning Commission and Town Council that were reviewed and accepted at separate continued public hearings on April 17, July 24, and August 7, 2006 via Resolutions Nos. 24, 34 and 37, respectively; ➢ September 5, 2006 — Town Council approved the Preliminary Plan application as modified, and permitted the applicant to proceed to a Final PUD. Town's Final PUD review period (so far at 6 months) — see the recitals section in Attachment 7 of the draft ordinance. III. FOLLOW UP DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS INCLUDING SUMMARY OF STAFF FINDINGS AND RECOMMENDATIONS. Below are the core issues or concerns that Town Council expressed the need for follow up at the meeting on May 18, 2009. The applicant has submitted responses in a packet of materials dated June 1, 2009 to those issues or concerns (see separate handout that was received by the Planning Department on June 4, 2009). Considering the report deadline on June 5th for the June 15th meeting, staff has attempted to obtain review comments from affected Town Departments and referral agencies particularly on the applicant's waiver request from the building efficiency and Renewable Energy Offset Program (REOP) standards in regard to the proposed snowmelt areas or heated maintenance building (see Attachment 6). wooiea am 2 1Pag e Due to the significant packet material of responses and exhibits provided by the applicant, including the applicant's amendment for the parking management plan adjustment that was accepted by Council on June 1St for subsequent review, these items were referred to affected Town Departments and referral agencies for review and comment in time for the subsequent Council meeting on July 6th As similarly provided in the June 1 St report, staff has included additional supplemental information either in the body of this report below or in the referenced attachments in regard to a few of the core issues or concerns for evaluation at the June 15th meeting. Summary of Town Council issues, concerns and -comments on May 18th: 1. Up lighting. Attached is excerpt language in Ordinance 03 -18 concerning uplighting standards, some of which were read at the May 18th meeting (see Attachment 1) with applicable staff notations. See the applicant's reasoning dated June 1, 2009 for allowing uplighting to occur. Staff recommendation: According to the Building Department comments and recommendations in Attachment 6, the non - residential Chapel was presumed or interpreted to fall under the lighting standards and restrictions, including uplighting, for'Commercial and Multi - Family uses'; otherwise, uplighting would be prohibited by the lighting ordinance for other uses. 2. Other lighting. The applicant has provided additional information and details concerning their proposal to light the covered walkways for the proposed building addition. Staff Recommendation: The Building Department indicated that the applicant's lighting plan is acceptable and conforms to the Lighting Ordinance (see Attachment 6). 3. Construction Management Plan restriction on activities during major events. Staff suggested to the applicant that they incorporate a provision in the CMP, perhaps in the hours of operation section that precludes construction activities from occurring if there is a special event scheduled on the site or on adjacent properties. The applicant has responded as of June 1, 2009 indicating an amendment to the CMP for increased coordination and communication in order to allow ongoing construction activities to occur while events take place. Staff Recommendation: It would appear that with the committed increase in coordination and communication, together with a traffic control person at the construction access where it crosses the trail, these methods should be sufficient to permit ongoing construction when events might take place provided there is no construction staging in the parking area on Lot 2A. 4. CMP perimeter fencing. Council seemed to request additional information about the construction fencing location. Attached is the applicant's CMP map illustrating the construction area and perimeter 8 -foot tall chain link fencing with green mesh (see Attachment 2), which is also included in the applicant's letter dated June 1st. Staff Recommendation: No comments, other than that due to grade changes the construction staging area or portions of it will likely be visible from Brush Creek Road despite the fence screening. Also see the Town's Environmental Consultant comments (Attachment 6). 5. Fire District bridge weight load capacity issues. Staff has not received recent information from the applicant or an acceptance of the bridge design and weight load from the SWFPD, although the applicant and the SWFPD have been communicating on the matter. See the applicant's response dated June 1, 2009 together with a anwoop 3 1 P a sly e letter from their structural engineer that was previously sent to affected referral agencies. Staff Recommendation: See the comments from the Town Engineer dated April 28, 2009 on this matter (Attachment 6). It appears that the bridge design and weight load capacity is now acceptable. 6. Fire District access easement issue. For Council's information, attached is a letter dated May 18, 2009 from the applicant to the Fire District concerning their understandings and conditions regarding the release of an access easement on an off -site lot (see Attachment 3). Staff Recommendation: This issue appears to be a private off -site matter not necessarily involving Town review of the Chapel proposal. On the other hand, and after further review, such an access easement would provide two points of access into the parking area on Lot 2A and potentially relieve traffic congestion during special events. For the public record, the applicant should provide a copy of this 60- foot wide access easement recorded in plat book 13, page 45 and book 431, page 121, and as currently referenced on the Snowmass Wildcat Fire Protection District Governmental SPA Filing #1, to determine if the Town has an interest in such easement. Also, any proposed amendment to this plan would require Town review. 7. Building Efficiency Standards and Renewable Energy Offset Program (REOP) in Ordinance 08 -11. Council requested information concerning the language in the building efficiency and REOP Ordinance 08 -11. Staff has attached the entirety of this ordinance since it is fairly short (see Attachment 4), and provided staff notations regarding applicable portions of the ordinance for the Chapel. Staff Recommendations: Please reference Attachment 6 for review comments and recommendations from Economic Resources, the Building Department and from the Snowmass - Wildcat Fire Protection District. The comments and recommendations seem consistent and recommends that the portion of the maintenance facility for vehicles should be unheated as now proposed by the applicant, and that snowmelting appears unnecessary. There does not seem to be a need to snowmelt the areas as the fire lane and walk areas are fairly flat and facing south. Also, staff does not recall that the roof form on the south elevation was a major issue earlier, and perhaps the south elevation could be redesigned, or the covered walkway connection between the existing facilities and the proposed addition in the current proposed plans, could be retrofitted to allow the placement of photovoltaic collectors on the roof. 8. Maintenance building usage. There needs to be a final determination whether the maintenance building would also be interpreted as a garage in efforts to determine the proper requirements per the building efficiency and REOP ordinance. The applicant, in their response dated June 1, 2009, believes that the space should not be interpreted as a garage, as it is intended for maintenance and snow removal equipment or vehicles. The applicant now plans to create a partition wall between the workshop /restroom area and the vehicle parking area thus creating separate zones for heated and unheated areas. Staff Recommendation: The applicant should provide updated floor plans to illustrate the proposed partition wall in the maintenance building. Again, reference Attachment 6 for review comments /recommendations from Economic Resources, the Building Department and from the Snowmass - Wildcat Fire Protection District. 9. Snowmelting area proposed. Council requested the amount of area that is proposed for snowmelting. Per the applicant's reponse dated June 1, 2009, 8,225 square feet of snowmelting area is proposed, which is above the exemption limit of 200 square feet per Ordinance 08 -11. Staff Recommendations: See comments above. 411"a e 10. Employee housing calculation /mitigation requirement history. Council requested the employee housing calculation / mitigation requirement history from the Preliminary Plan review. Attached is an excerpt from the staff report dated January 17, 2006 concerning the employee housing calculations, requirements and mitigation thereof (see Attachment 5). Staff Recommendation: The applicant's proposal in the Final PUD is consistent with the previous Preliminary Plan findings in Resolution No. 9, Series of 2006, and the applicant's replies dated June 1, 2009 recollect correctly. 11. Vesting. Council seemed to believe that 10 year vesting was too much in this case. It was requested that the applicant consider a lesser amount of time, or perhaps consider an extension request after the first three years. See the applicant's reasons explained in their June 1, 2009 response. Staff comments /recommendations: It is conceivable after receiving final civil drawing approval and issuance of a grading permit that the applicant could commence construction on re- grading, utility work and infrastructure. The concern, also expressed by neighbors, might be the potential lag time between the utility /infrastructure work and the request for a building permit, despite the time period of 18 months of construction per the CMP. It needs to be determined to the satisfaction of Council, considering both the needs of the applicant and the community per the Code, as to what reasonable amount of time is needed for the applicant to raise the funds for the completion of the project before granting an extension beyond three years for vested property rights at this time. 12. Transit shelter and bus pull off lane extension. The Council requested whether the applicant is willing to up -size the transit shelter Owl Creek Road to a full -sized facility and extend the currently proposed bus pull off area (about 100 feet including a taper) another 100 feet or so to the Brush Creek Road intersection to accommodate right turn traffic movements during special events and to allow better emergency access to Brush Creek Road for the fire district. See the applicant's response in their June 1, 2009 letter. Staff comments /recommendations: Contrary to what the applicant thought was an acceptance by Council on June 1St of the parking amendment in their June 1, 2009 response, staff understood that the amendment was only accepted for referral, review and consideration purposes. In addition, the Preliminary PUD Guide's parking management plan (PMP) previously noted van services and arranged shuttle bus services as a parking management strategy, which is not necessarily a "nevi' or "additional" strategy being offered by the applicant with their parking amendment, with the exception of the valet parking service. Staff recommends that such transit shelter upsizing and lane extension or allocated portion thereof could be considered possible required mitigation if the parking provided for large events reduces substantially against what was previously understood as a shared alternative parking arrangement, in particular if the contingency language in the Preliminary PMP is not carried forward in the Final PUD Guide. One of the solutions per Code for an alternative parking plan is to offer options to automobile usage. It would appear that a bus shelter with pull off on Owl Creek Road and the possible transit shelter upsizing and the lane extension to Brush Creek Road might offer improved transit convenience for the high- demand parking area on Lot 2A and in particular for special events. However, staff does agree with the applicant that the transit shelter upsizing and the lane extension would benefit others in the area beside the Chapel property and may be more of a community -wide need. Also see the Town Engineer's comments dated May 22, 1009 (Attachment 6) concerning the effects from extending a right turn lane. U="� 5 1 P a - e 13. Carillons. Council appeared to accept the idea of carillon concerts. Staff suggested that the applicant could propose language that would allow such events with restrictions (e.g., number per year and time frames) under the 'Chapel Bell' section of the updated Final PUD Guide for consideration in response to Council comments. The applicant has made an allowance in the noise section of the Final PUD Guide to permit carillon concerts periodically, as noted in their June 1, 2009 response letter. Staff Recommendations: No comments other than that Council may wish to restrict the specific annual number of carillon concerts at this time. Also see the Town's Environmental Consultant comments (Attachment 6). Other remaining core issues: 14. Maintenance building changes. Are the design changes for the maintenance building and its size increase acceptable including its encroachment into the Town's 25 -foot wetland /riparian setback area? See the Town's Environmental Consultant comments (Attachment 6). Also, the maintenance building falls under the previous 40 foot height limit for the campus, and the changes would calculate the average height of all the buildings on the campus as 22.5 feet. The maximum average height is 25 feet. The perimeter of the maintenance building meets the 18 foot height limit typical for accessory buildings with the exception of the interior roof pitch up to approximately 23 feet from existing grade. 15. Community purposes. Staff previously noted concerns regarding the operational management or restrictions thereof for the 4,000 square feet of space proposed. In Exhibit 6, "Community Purpose Commitment Agreement," Attachment "A" Preliminary PUD Guide of Resolution No. 9, Series of 2006, Section A6 stated: ` °' SCI may charge a user of the 'community purpose space' for damages or cleanup services. SCI may, at its discretion, require a user to provide liability insurance or indemnify SCI for its use of the space. The charges or requirements of SCI shall be no greater than for non - community purpose space user." Under the updated development agreement for the Final PUD that includes the commitment of community service space, it states under subsection (3)(a): "SCI may charge reasonable fees to any use of the Community Purpose space for use, damages and /or cleanup." Staff questions whether the 4,000 square feet as a "community purpose" space is really intended for that function if users would be charged a fee for utilizing such space. 16. Site visit to view plant material locations. Does Council wish to schedule a site visit as a group or on an individual basis to review the staked locations for the proposed plant material? This was a condition with the Preliminary Plan acceptance. A 11" x 17" copy of the plan has been placed in the Council boxes. 17. Parking provisions. The applicant's amendment for parking management plan adjustments was referred to affected Town Departments and referral agencies for review and comments, which are expected in time for the next meeting on July 6, 2009, also per Council's request that an analysis be prepared. w47 WO 61Page 18. Draft Ordinance. Per Attachment 7, staff prepared a draft ordinance for the Chapel Final PUD and accompanying re- zoning to MU -1 that might be premature for this application review. Following review of the follow up topics /issues for the June 15th meeting, Council may direct that the ordinance be scheduled for formal introduction at the July 6, 2009 meeting. However, the ordinance would likely need updates depending on the results of the meeting on June 15th. Also be advised that concurrent resolutions for the subdivision exemptions and the final re -plat would be required for review and action at least in time for the second reading of the ordinance. VI. REFERENCE MATERIALS. Attachments (Note: Only Attachments 6 & 7 added from previous report June 1S): 1. Excerpts from the Town's Lighting Ordinance 03 -18; 2. Applicant's Construction Management Plan map from the Final PUD application; 3. Letter dated May 18, 2009 from the applicant to the Snowmass - Wildcat Fire Protection Districts regarding understandings and conditions pertaining to release of an off -site access easement; 4. Town's Building Efficiency Standards and the Renewable Energy Offset Program (REOP) Ordinance 08 -11 with applicable staff notes; 5. Excerpt from staff report dated January 17, 2006 to Town Council regarding explanation of employee housing calculations, requirements and mitigation; 6. Town Department and referral agencies comments and recommendations concerning the applicant's waiver of certain building efficiency and REOP standards in Ordinance 08 -11, including Building Department comment on applicant's proposed lighting plan, and the Town Engineer's comments on the bridge design and weight load capacity together with comments concerning the effects on the possible lane extension on Owl Creek Road; The Town's Environmental Consultant also responded with comments dated June 5, 2009; and 7. Draft ordinance, which could be scheduled at Council's direction for introduction on July 6th, subject to updates dependent on the results of the meeting on June 15th. Separate attached enclosure: • The applicant's a responses dated June 1, 2009 to the issues or concerns expressed by Council May 18, 2009 (The response packet was received on June 4, 2009). Separate handouts previously issued: • Original Final PUD and associated applications dated January 26, 2009 and referred on February 18, 2009; • Supplemental binder packet of replies from the applicant dated March 30, 2009, received April 10, 2009 and referred on April 13, 2009 with updated information or plans in response to the initial referral comments. VII. NEXT STEPS. Next Steps include: • Continue the public hearing and item to the next meeting; • Indentify whether there is a need for further information, review or follow up; and • Direct if desired that the staff schedule the draft ordinance for formal introduction at the next meeting. 00 7 1 Pa e GOP 409 e. Point Light Source. The exact place from which illumination is produced, as in a light bulb filament or discharge capsule. f. offsite Light Emission. The shining of light produced by a light fixture beyond the boundaries of the property on which it is located. 18 -264 Lighting Plans. An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, special review application and building permit applications for residential, commercial or multifamily buildings. Such ltrevgiew processes Said lighting tp plan shalt show approval through the the following: 1. The location and height of above grade light fixtures. 5. Other information deemed necessary by the Building Official to document compliance with the provisions of this Article. 18-265 C m er "al & Multi-Famil Li hting Standards. The following lighting n arils shall be applica e o a I non -resi e a roes, including mixed uses such as condominiums and apartments. a. outdoor lighting used to illuminate parking spaces, exterior dining areas, driveways, maneuvering areas or buildings shall conform to the definition for "fully shielded tight fixtures" and be designed, arranged and screened so that the point of light source is not visible from adjoining lots or streets. No portion of the bulb or lamp may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. The light level shall not exceed 15 foot - candies as measured three feet above finished grade, Exemptions may be requested for areas with high commercial, pedestrian or vehicular M�� activity up to a maximum of 25 foot - candles. Exemptions or consideration may be made for fighting when located on slopes greater than 30% in order to achieve compliance with this Section. b. Outdoor lighting shalt be 12 feet or less in height unless it meets one or more of the following criteria: 1. Fully shielded with a non - adjustable mounting; 2. Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 feet may be allowed; 3. Building mounted lighting directed back at a sign or building facade; 4. Lighting on above grade decks or balconies, which shall be fully shielded. c. All light sources, which are not fully shielded, shall use other than a clear lens material as the primary lens material to enclose the light bulb to minimize glare from that point light source. Exceptions may be �.. allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this section. d. High Intensity Discharge (HID) light sources are allowed with a maximum wattage of 175 for high - pressure sodium and 175 for metal halide. Standards for other HID light sources may be established by the Town for new technology consistent with the above restrictions. compact fluorescent lamps shall not exceed 9 watts. e. Pole mounted fixture spacing for security and parking lot light fixtures shall be no less than 75 feet. Fully shielded decorative fixtures are allowed to maintain 50 feet fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 feet measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when fully shielded and shall not exceed 100 watts. Decorative fixtures that are not fully shielded shall maintain a minimum spacing of 25 feet and shall not exceed 100 watts. Where security lighting is a combination of pole and wall mounted fixtures, minimum spacing shall be 75 feet. €. Pole mounted fixtures shall be limited to two (2) light sources per pole. g. Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than 50% residential based on square footage of uses. rhU lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs or year round tree canopies which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one fixture per 150 square feet of area and total lamp wattage within a fixture of 35 watts. Up lighting of flags is permitted with a limit of two -fixtures per flagpole with a maximum of 150 watts each. The fixtures must be shielded such that the point source is not visible outside of a 15 feet radius. j. Outdoor vending, such as gas stations, require approval for lighting. Lighting shall not exceed a maximum of 20 foot - candles under the canopy. 18 -266 Sign Lighting. In addition to the provisions of Section 18 -265, the following provisions shall further regulate lighting of signs: a. Sign illumination shall not exceed 75 foot - candles as measured at the brightest point on the sign face. b. Only lighting that conforms with the Residential Lighting Standards shall illuminate signs in residential neighborhoods and zone districts. c. Illuminated signs, equal to or larger than 20 square feet in size, shall be turned off no later than 11:00 p.m. or one -half hour after the use to which it is appurtenant to is closed, whichever is later. 18 -267 residential Single Family Lighting Standards. The following lighting standards shall be applicable to residential properties including single - family dwellings, duplexes and town homes. a. Outdoor lighting shall be 12 feet or less in height unless it meets one or more of the following criteria; 1. Fully shielded with a non - adjustable mounting; 2. Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 feet may be allowed; 3. Building mounted lighting directed back at a sign or building facade; 4 ,,Lighting on above grade decks or balconies, which shall be fully shielded. T:";�No exterior light source shall exceed a rating of 60 watts. Outdoor lighting with `HID light sources in excess of 50 watts shall be prohibited. In addition, incandescent light sources including halogen shall not exceed 60 watts. Compact fluorescent lamps shall not exceed 9 watts. c. All clear lensed light point sources shall be shielded. All light sources that are not fully shielded shall use other than a clear lens material, as owl/ a. Specific exemption or exemptions requested; b. Type, use and purpose of lighting fixtures involved; c. Duration of time requested for exemption; d. Type of lamp including wattage; e. Proposed location on property; f. Previous exemptions if applicable; g. Other information deemed necessary by Building Official. 4. Decorative Lighting Elements. Decorative lighting such as shades with perforated fully shielded and requ �emenffuprory may provided to exempted lighting does not exceed 50 watts. 5. Community Benefit. If a proposed lighting plan or fixture layout does not meet the requirements of this Article but has demonstrated a community benefit, an exemption may be considered. The applicant shall submit additional information to adequately assess the community benefit for approval by the Building Official. '18.27Ei Pr�aio&ns Rabe The following types of exterior lighting sources, fixtures n s s prohibited in the Town of Snowmass Village: 1. Light sources shall not be affixed to the top of a roof, except where required by the Building code. 2. Lighting for the purpose of illuminating a building fagade shall be prohibited when such lighting is mounted to the ground, elevated on poles or mounted on adjoining or adjacent structures. 3. Blinking, flashing, moving, revolving, scintillating, flickering, intensity changing, color changing and internally illuminated signs shall be prohibited, except for, temporary holiday displays, lighting for public safety or traffic control or lighting required by the FAA for air traffic control and warning purposes. 4. Mercury vapor and low - pressure sodium lighting shall be prohibited. 5. Linear lighting (including neon and fluorescent) primarily intended as an architectural highlight to attract attention or used, as a means of identification or advertisement shall be prohibited. 6. Unshielded floodlights and timer- controlled floodlights shall be prohibited. OEM El 7. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: a. Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle. as a b. Any light that devicbe except construed authorized by State, traffic control Federal or Local government. 8_ No beacon or searchlight shall be installed, illuminated or maintained. 9. Up lighting is prohibited, except as otherwise provided in this Section. _ 18 -272 Review standards. Exterior lighting plans shall conform to the following design review standards: 1. Height. Outdoor residential and commercial ec al lighting review by the Planning (t 2) feet or less above grade in 9 height under and Zoning Commission may allow lighting of a g reater g the following circumstances: a. A fixture of greater height is required due to safety, building design or extenuating circumstances, u as in mountings the light shall be fully shielded with b. Lighting for maximum height aiof 20 feet above grade and shall may have a maxi be fully shielded; c. Lighting on above grade decks or balconies, which are fully shielded. 2, Foot Candies. Outdoor non-residential, ndesig aced residential in the shall not exceed the maximum :z GOP 9 r- 0 n � r a� n N m n a dgcll Franklin PytVS. Ph 1), Chars, ialar:e Calthvell, 61. Phil, N1.1X , chaplains Jearkple F. U'wds 1lcfrrrr:rr:.:rYt :irr Uirr'a•taor ATTACHME n lava =ChapelFlnal May 18, 2009 Steven Sowles Fire Chief Snowmass Wildcat Fire Department PO Box 6436 Snowmass Village, CO 81615 Dear Steve: The Snowmass Chapel, Inc. is the sole owner of Lot 2A in the Snowmass Club Subdivision, known as the Snowmass Chapel Parking Lot and a neighbor to the Snowmass Wildcat Fire District By this letter the Chapel agrees to the terms of a proposed agreement between the Snowmass Company, LTD and the Snowmass Wildcat Fire Protection District (SWFPD) concerning the release of a sixty foot'Access Easement on Parcel 8, Lot 1 of the Snowmass Club Subdivision. The Chapel will agree to withdraw any and all rights to this easement, which was executed on the 26'+ day of February, 1982 by The Snowmass Company, LTD and signed by James J. Chaffin as General Partner. We understand that the terms of the release will be documented in a Letter of Intent from the Snowmass Company to the SWFPD dated May 18, 2009. Based on my discussion with members of the Chapel's Executive Committee, we have agreed that the release will be executed when the SWFD flies a PUD with the Town of Snowmass Village. The terms of the LO1 will include the following agreement by the SWFPD: i) to support the Chapel PUD, which Is now before the TOSV Council. 2) to become a party to the Snowmass Chapel PUD ApplicationlParking Management Plan Adjustment dated May 11, 2009, by providing 'overflow parking' spaces to the Chapel on certain occasions. 3) to offer an option for the Chapel to purchase, at the cost of construction, two employee units to be built on the SWFPD site at some future date. For the good services you provide to our community, we are always thankful. Sincerely, Edgell Franklin Pyles, Ph.D. Paul Schorr Senior Chaplain Chairman New Sanctuary Council W. Jim Light, The Snowmass Company, LTD. James Chaffin, The Snowmass Company, LTD. Chris Conrad, TOSV Planning Department l "O p oN 1°7169 * SRr.km m4r s e,�r�a11 a �_u . Colas Ldo 81615 * 970-423, 411(- r -1 °)' % ti no TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 11 SERIES OF 2008 Snowmass Chapel Final pit" TC Meeting 06- 15-09 AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE TO ESTABLISH BUILDING EFFICIENCY STANDARDS AND A RENEWABLE ENERGY OFFSET PROGRAM (REOP). WHEREAS, the Town Council supports and promotes energy conservation and the use of energy efficient building practices within the Town of Snowmass Village; and WHEREAS, the Town Council supports and promotes renewable energy generation within the Town of Snowmass Village; and WHEREAS, the Town Council finds it necessary and beneficial to establish building efficiency standards that exceed those required under the Town's Energy Conservation Code, and WHEREAS, the Town Council finds it necessary and beneficial to require on -site renewable energy generation to offset the energy demand of outdoor amenities such as pools and hot tubs, snowmelt systems, and heated garages, and WHEREAS, the Town Council finds it necessary and beneficial to establish in- lieu fee options for property owners that choose not to employ energy efficient building practices, or that wish to build highly energy consumptive outdoor amenities, and WHEREAS, the revenues derived from such in -lieu fees will establish a funding mechanism to facilitate the development of renewable energy generation projects and programs to enhance energy efficiency throughout the Village; and WHEREAS, the Town Council finds that the adoption of this Ordinance is in the best interest of the Town and is reasonably necessary to promote and preserve the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass Village, as follows: A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by the addition of the following: Sec. 18 -224. Building Efficiency Standards and Renewable ffset Program (REOP)"" 1. Residential Construction >Thissection sh ) y to all residential new construction, and to any residential addition 0 square feet. In order to provide evidence of compliance with this Home Energy Rating System (HERS) rating shall be submitted at the time of I•� 18-11 Aff P ,�', � y „� • - • •� F a. Rokidential building projects up to 5,000 square feet aWfequired to achieve a mini Home Energy Rating System (HERS) In of 70, or less, utilizing the Colo o Energy Star Home Energy Rating stem, and. i. In Ii of achieving the requir ERS Index, owners may pay a fee of 0 per square foo b. Residential building proj be en 5,000 and 9,999 square feet are required to achieve a minimu HERS Index of 65 points, or less. In lieu of ac . ving the fired HERS Index, owners may choose to compl 'th the HER Inaft requirements of Section 18- 224.1 above, and pay a fee o .00 per square foot. c. Residenti ' wilding projects of 10,000 square fee , more, are required to achiev HERS Index of 60 points, or less. In lieu of achieving the required HERS Index, own may choose to comply with the HERS Index requirements of Secti 18- 224.1.b. above, and pay a fee of $4.00 per gross square a residential building project includes exterior energy uses, then a separate and �2.on - Residential and Mixed -Use Construction This section shall apply to all non - residential or mixed -use new construction, and tom non - residential or mixed-use addition of more than 1,000 square feet. For buildings or i ions up to 5,000 square feet, COMch—ec-FcTo—cumentation or a E -2 based energy simulation shall be submitted as evidence of compliance with this section. For buildings greater than 5,000 square feet, a DOE -2 based eneMy simulation shall be Tguired, a. Based upon total energy usage for the building or addition being proposed, non - residential or mixed -use build inn nmiects are uired to exceed the performance of the owns Ene Conservation o e in ace at a ime the w 'm ermi is issu a ea o L For building projects pursuing Leadership in Energy and Environmental Design (LEED) certification, energy efficiency �0 requirements and performance reviews may be based upon the standards established by the US Green Building Council (i.e., American Society of Heating, Refrigerating and Air Conditioning Engineers - ASHRAE Standard 90.1). ii. M Town's Energy 1: Conservation Code in place at the time the building permit is issued. If a non - residential or mixed -use building project includes exterior energy uses, then a separate and additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 3. Exterior Energy Use. This section shall a I to outdoor pools, hot tubs, snowmelt s stems and heated ara e a. At least 50% of the Annual Energy Use accountable to outdoor pools and hot tubs, snowmelt systems, and heated garages, as d i n Ael-r 224.3.b and Section 18- 224.3.c and in excess o the "Fee Exempt a es cn a erem, s a e o set with renewable energy generated on site. Use Snowmelt Spa Pool Heated Garage Annual Energy Use BTU /So. Ft. 81,800 430,000 Fee Exempt Area 200 sq. ft. (See Note) 64s /A ection 18- 224.3.b Fee $ 34 $ 176 $ 136 $ 8 (NOTE: The Fee Exempt Area for sno elf tems shall apply to driveways and driveway aprons only, and shall be ual to the ter of 200 square feet, or that portion of the on -site driveway exceeds 8% slo lus 200 square feet. The Fee Exempt Area for snowmelt' shall not apply to decks, p ' s, or walkways unless the Chief Building Official rmines that snowmelting of these as represents a life - safety issue and is sential to building ingress or egress. Appli is may appeal decisions rega g the necessity of providing snowmelted decks, pa or walkways to the Town's and of Appeals and Examiners.) y, nowmel stem 81,800 50 sq. ft. $ 34 BTU /Sa. Ft. Area (See Note 1) Snowmelt System Spa 430,000 64 sq. . $ 176 430,000 64 sq. ft. (Se ote 2) Pool 332, N/A $ 136 Heated Garage 19,500 N/A $ 8 (NOTE 1: The Fee Exempt Area for owmelt sy ms shall apply to driveways and driveway aprons only, and shall equal to the Brea of 50 square feet per unit, or that portion of the on -site drivewa at exceeds 8% slope p 00 square feet. The Fee Exempt Area for snowme ' g shall not apply to decks, patio , r walkways unless the Chief Building Official ermines that snowmelting of these are represents a life - safety issue and i sential to building ingress or egress. Applican ay appeal decisions reg ng the necessity of providing snowmelted decks, patio r walkways to the Town' oard of Appeals and Examiners. ) jet: The Fee Exempt Area for Spas shall be equal to the greater of 64 sq square feet per unit.) iii. Non - Residential and Mixed Use Energy Use Annual Energy Use Fee Exempt Fee per SF TV" BTU /Sa. Ft. Area Above Exempt Area Snowmelt System 81,800 (See Note 1) $ 34 Spa 430,000 64 sq. ft. $ 176 (See Note 2) Pool 332,000 NIA $ 136 Heated Garage 19,500 N/A $ 8 (NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 200 square feet, 50 square feet per unit, or that portion of the on -site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life- safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners.) (NOTE 2: The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, or 3 square feet per unit.) �,e�3s WOW, A driveway snowmelt system of 700 square feet is proposed for a relatively flat single - family home site with a boiler efficiency of 85 %. The 200 square foot "Fee Exempt Area" is excluded from the fee calculation. A fee of $34 per sq. ft. applies to the remaining 500 sq. ft. ($34 x 500 = $17,000). That amount is adjusted by an efficiency rating of 0.85 ($17,000 / 0.85 = $20,000), resulting in a total in -lieu fee of $20,000. 4. Energy Code Review Fee. An Energy Code Review fee equal to the lesser of One Thousand Dollars ($1,000) or Ten Percent (10 %) of the project's Building Permit Fee shall be paid prior to Building Permit issuance in order to cover the Town's administrative costs associated with verifying compliance with this Section 18 -224 and calculating the required REOP Fees, if any. Energy Code Review Fees shall be required regardless of whether an owner elects to meet the applicable building efficiency standards, or pays a fee in -lieu. 5. Fee Collection Fees will be collected by the Town of Snowmass Village Building Department prior to Building Permit issuance. Collected fees shall be deposited to the Town's Renewable Energy Offset Program Fund. A building project will not be eligible to receive a Building Permit until the project owner has demonstrated that the required energy performance standards and /or on -site renewable energy generation requirements have been achieved, or that the Town has received payment of the in -lieu fee. 6. Management and Appropriation of REOP Funds. Fees collected and deposited into the REOP account are to be managed by the Town Manager, or their designee, as such designee may be determined by Resolution of the Town Council of the Town of Snowmass Village. Expenditures of REOP funds shall be used for the following purposes: a. planning, design, and implementation of renewable energy generation projects, b. purchase of renewable energy offsets (credits), c. providing a community grant and/or rebate program for energy efficiency enhancements or renewable energy generation projects, and d. funding other resources and administrative costs associated with green building and environmental sustainability- oriented efforts. . 08 -11 TC Page 6 of 6 Expenditures shall be consistent with the Renewable Energy Offset Program Protocols, as such Protocols shall be described and approved by Resolution of the Town Council of the Town of Snowmass Village prior to the effective date of this Ordinance. 7. Effective Date and Applicability. This dinance shall become effectiv on November 1 2008 and shall apply to all Building Permit app Ica ions received after tha tare----- a. Planned Unit to the b. The Town Council shall review the fees established by this ordinance within one year of the ordinance's effective date. 8. Waivers. Upon receipt of a written waiver request from a project applicant, the Town Council may elect to waive any or all of the provisions of this ordinance based upon a finding of community benefit, or public safety need. 9. Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. Ott READ, APPROVED AND ADOPTED, by the Town Council of the Town of #OW0401 Snowmass Village on the First Reading on August 4, 2008 upon a motion by Mayor ,, Mercatons second of Council Member Sparhawk, and upon a vote of 3 in favor and 0 opposed. Council Members Mordkin and Wilkinson were absent. I0J' READ, APPROVED AND ADOPTED, by the Town Council of the town of Snowmass Village on Second Reading on September 8, 2008 upon a motion by Council Member Sparhawk, the second of Council Member Wilkinson, and upon a vote of 4 in favor and Oopposed. Council Member Lewis was 9W6nt., AI Rhonda Coxon, Town Clerk APP,R`OVfD A TO FORM: John Dresser, Town Attorney i EMPLOYEE HOUSING - Core Issue Questions: Does the application meet the condition below plus address the employee housing criteria? And, does the application fulfill the employee housing requirements per the Municipal Code? Town Council Condition #3 (Sketch Plan Resolution No. 14, Series of 2002): The existing residential unit of 692 square feet within the existing assembly building shall be deed - restricted by the applicant to the benefit of the Town to meet the employee housing requirement of 626 square feet for the addition. Said deed - restriction shall satisfy the employee housing mitigation requirement for this development proposal. Municipal Code, Sec. 16A-4-400. Purpose. To provide adequate housing for persons of low, moderate or middle income, provisions for comfortable and affordable housing in locations approved by the Town Council shall be made to accommodate forty -five percent (45 %) of new employees generated by development and redevelopment within the Town. Staff Comments, Observations and Analysis: The Applicant intends to restrict the usage of the existing one - bedroom dwelling unit on the site of 692 square feet for employee housing, subject to certain conditions as outlined in the application (see pages 37 -39 of the modified application). The 626 square foot requirement at Sketch Plan assumed that an average of 2.15 new full -time equivalent employees would be generated by the new addition (2.15 x 448 x 65 %) per the old calculations. If the decision makers agree that it is reasonable that there will still be 2.15 new employees on average, the new requirement would be 434 square feet (2.15 x 448 x 45 %). Planning Commission (PC) findings and recommendations summary: PC Findings: The proposed building addition, based on the new employees needed, generates 434 square feet of employee housing, and the Applicant has agreed to deed restrict the existing 692 square foot dwelling unit in the facility and manage the unit in accordance with the current Town of Snowmass Village Restricted Housing Guidelines, which seems acceptable. PC Recommendations: Additional square footage beyond the 434 square foot requirement could be considered a Community Purpose. Staff Recommendations: The balance of the 258 square feet for the existing residence that is beyond the employee housing requirement of 434 square feet, agreed to be deed restricted by the Applicant for the 692 square foot residence as a whole, could be utilized as a Community Purpose since such additional square footage would be over and beyond the minimum requirement. OQ IBM W The Housing Department recommends that the unit should remain as part of the Chapel and under the control of the Snowmass Chapel and Community Center. The Housing Department would assist in placing employees in the dwelling. If the unit is deed restricted to the Town, it will guarantee that the unit will remain in the housing inventory for future employees. The Applicant's employees should be housed first in this unit prior to retrieving the Town's waiting list. COMPREHENSIVE PLAN - re Issue Question: Other than the policies related to the height and buildout variations, the plication seem to be consistent with the intent of other related Comprehensive Plan and o iectives? Section 16A -1 -50. Comprehensive Plan. (b) For thbpurpose of determining consistency, the following standards shall (1) ConsistNkcy. An action is consistent if it is generally compatible wo the principles and policies stated in the Comp ens a Plan and if the action is propose/aoca n not precluded by the Land Use Plan, a lthough s is aspects or details of the action meen contemplated. Exact or precise adherence to the prehensive Plan is not required id consistency. If an action is determined to be consistent 'th the Comprehensive Plan, it pproval of the action can be considered, not that the action m t be approved. (2) Interpretation. Since Xthe Nr rehe nsive Plan s, by definition, a general statement of the Town's current growth and devend overall 1 d use philosophy, it is anticipated and assumed that circumstances will change ex that s philosophy will, from time to time, need to be revised and that the provisions o Comp n ' e Plan will be subject to interpretation by the Town Council. (3) Inconsistency. If a det f inconsis cy is made at any stage of development review, the ap plication shall be either den the alternativ , with the consent of the applicant, the time for action on the application may be d for a specific 'od of time to be agreed upon by the Town and the applicant in order to consendment to the Co rehensive Plan. Municipal Code S/demstrating Review standards. In addition to compliance with the provisions of tion 16A- 5- 300(c), General Restrictions, and pplicable provisions of this Code, a propos UD shall also comply with the following revie (1)S'nsistency with Comprehensive Plan. The PUD shall be consistent the intent of the Towns omorehensive Plan. ne Comprehensive Plan Policies and Objectives: Other than the poll s and fes that relate to the buildout variation, mass, scale and height variations and the b ing GIs, below are policies and objectives that appear germane to the other aspects of project. ATTACHMENT 6 Snowmass Chapel Final PUD TC Meeting 06 -15 -09 REVIEW COMMENTS RECEIVED FROM TOWN'S ECONOMIC RESOURCES, BUILDING DEPARTMENT, SNOWMASS- WILDCAT FIRE PROTECTION DISTRICT, TOWN ENGINEER, AND TOWN'S ENVIRONMENTAL CONSULTANT Economic Final Snowmass Chapel RE: Waiver request on building efficiency and REOP standards on snowmelting June 4, 2009 Jim- Garage /Maintenance Building: The Upper Level Floor Plan (dated August 21, 2008) for the proposed Snowmass Chapel Maintenance Building identifies 860 sf of "garage" area. The plans clearly show two vehicles parked in the building. It would seem that any portion of the building used to store vehicles and /or maintenance equipment such as mowers, snowblowers, etc... should be considered a 'garage' use, and therefore subject to the REOP provisions if proposed as conditioned space. However, if the 'garage' area is to remain unheated and thermally isolated from the conditioned 'workshop /restroom' areas by a partition wall, then I would concur that it would not be subject to the REOP Ordinance's provisions concerning 'heated garages.' Snowmelted Plaza and Walkways Pursuant to Mr. Dotson's letter of June 1, 2009, 8,225 square feet of snowmelted plaza, labyrinth and walkway area is proposed. According to calculations provided by The Sopris Foundation and their consultant, Rick Heede of Climate Mitigation Services, snowmelting this area would result in as much as 53 tons of CO2 being released into the atmosphere over the course of each winter. By contrast, shoveling these areas would result in zero (0) CO2 emissions, while snowplow and truck removal would result in less than four (4) tons of CO2 being emitted each winter. As proposed, these areas appear to be relatively flat, with direct southern exposure. Given these conditions, it appears that these areas could be maintained from a snow removal standpoint via more traditional and less impactful methods, such as plowing or shoveling, without compromising the safety of those utilizing the Chapel facilities. Furthermore, given the existence of numerous non - snowmelted fire and emergency access lanes located throughout the Village, it would appear as though emergency access could also be adequately maintained via the less carbon intensive means noted above. It would be helpful to have the applicant clarify whether or not snowmelting of this fire and emergency access lane is an express requirement of the Snowmass Wildcat Fire Protection District. At this point, there does not appear to be a clearly demonstrated community benefit, nor a compelling public safety need to justify an exemption from the REOP provisions concerning 'non-exempt' Snowmelt Systems. To the contrary, it could be argued that requiring the mitigation called for in the REOP Ordinance would effectively serve both purposes by reducing the climate impacts associated with the proposed snowmelt systems. Jason Haber Economic Resource Director Asdow Building Department comments Snowmass Chapel Final PUD RE: Waiver request on building efficiency and REOP standards on snowmelting. June 4, 2009 Jim, My response to the questions regarding the Chapel PUD application: Exterior Lighting The lighting plan is acceptable and conforms to the Lighting Ordinance. Maintenance Building With the addition of the partition to separate the garage area from the bathrooms and shop area the building is in compliance with the REOP Ordinance and the IECC. The garage area is to remain unheated and the shop /bathrooms need to comply with all aspects of the IECC, i.e., envelope sheathing, exterior insulation, apppliance effiiciency, lighting, etc. Snowmelting In my opinion, the fire lane areas may be suitable for an exemption but the pedestrian areas only should conform to the REOP Ordinance. The fire lane system should be thermostatically controlled with and approved moisture/ termperature sensor. The pedestrian areas should be subject to REOP either utilizing solar hot water collectors or paying the fee in lieu. RECEIVED 06- 05 -09: I agree with Jason on the snowmelting. Mark A. Kittle Chief Building Official Town of Snowmass Village 130 Kearns Road 970 - 923 -5524 mkittle @tosv.com Snowmass-Wildcat Fire Protection District Snowmass Chapel Final PUD RE: Waiver request on building efficiency and RECIP standards on snowmelting June 4, 2009 Jim, Still on vacation, but fire lanes should be snowmelted as indicated. I think others should decide if this is suitable for any energy exemptions. Call me at 963 -8147 if you need further from the FD. John Sent from my iPhone Received June 5, 2009: Jim As John Mele is away, Chief Sowles has asked me to respond to the snowmelt proposal for the access road to the new Snowmass Chapel. Jason's presentation is very informative and clear. With the southern exposure and removal of the snow by manual or mechanical means, we believe that the access road could be maintained in a suitable condition such that emergency vehicles could navigate on the road safely and without harm to the public. Furthermore, the Snowmass Wildcat Fire Department does not wish to adversely affect the environment in any way whatsoever. Therefore as per the recommendations of TOSV staff, we shall not require that the access road to the Snowmass Chapel be snowmelted. Feel free to contact me with any questions or concerns. Regards, Frank Rudecoff, Fire Inspector Snowmass Wildcat Fire Protection District 5275 Owl Creek Road P.O. Box 6436 Snowmass Village, Colorado 81615 frudecoff @swfpd.com 970 - 923 - 2212x24 office 970 - 306 -2309 cel 970 - 923 -2224 fax I= Town Engineer comments April 28, 2009 RE: Chapel bridge load Jim The structural engineer for the bridge just sent this email confirming that the bridge is designed for a truck with the axel loads that John Mele' sent them. I think that this is satisfactory response from their engineer. Richard - - - -- Original Message---- - From: Kristen Fox [mailto:KFox@monroe- newell.com] Sent: Tuesday, April 28, 2009 9:01 AM To: Quint Nichol; jmele@swfpd.com Cc: Phil Vaughan; Doug Dotson; Richard Goulding Subject: RE: Bridge Loading All, Attached are John Mele's e-mail with his truck loads and my letter dated 4/1/09 which explains the truck loads used on the bridge design. Comparing the two, the Snowmass Wildcat Fire Protection District loads are identical to the Denver basic load case for their Platform Truck. According to my letter, the bridge design is good for these loads. This should satisfy SGM's remaining concerns on this issue in the memo date April 22, 2009. If there are any additional questions or comments, please call. Thanks. Kristen Fox Associate Principal r From: Dean Gordon [DeanG @sgm- inc.com] Sent: Friday, May 22, 2009 5:09 PM To: Jim Wahlstrom Cc: Hunt Walker Subject: Chapel - -Owl Creek /Brush Creek Road intersection Went out a looked at the feasibility of creating a down valley turn lane off Owl Creek onto Brush Creek Road. There are potential conflicts with buried utilities and there may be a wetlands hurdle with new fill sections. Both are able to be overcome. There would be considerable fill placed -- currently the fill slope is 1.5:1 —wants to be 3:1 with a guardrail. That would extend the toe out on the order of 25 -30' from current location. That could be shortened with retaining walls to take up the grade change. There is the ability to have a 5 -7 car left turn up valley stack before affecting right turns — currently there is a 1 -2 car stack before those turns are affected. If we felt there was any chance that we could build a roundabout here in the next few years (the long term solution to this intersection), a contribution to the cost would be an alternative to construction of a extra turn lane. of 1 64/2009 4:26 PM Town of Snowmass Village Jim Wahlstrom, Sr. Planner 130 Kearns Rd. H y w PO Box 1050' VED Snowmass Village, CO UN 0 2009 81615 Re: Snowmass Chapel Final PUD Application'��° Dear Mr. Wahlstrom: Dunlop Environmental Consulting, Inc. has reviewed the above mentioned application as per your request. The specific review was performed on a response the applicant provided to the Town of Snowmass Village (TOSV) as the result of a meeting of the TOSV Council held on May 18, 2009. This review is focused on three points: 1) construction site perimeter fencing type, 2) carillon bell concerts, and 3) encroachment in the 25 ft wetlands setback. 1) The type, design, and camouflage aspects of the construction perimeter fencing appear adequate for the intended purpose of security, construction site containment, and as a visual barrier. 2) The frequency and duration of carillon bell concerts in conjunction with frequency and duration of carillon bell announcements of special events is a TOSV Council decision. The applicant has committed to review the community impacts of the bells after installation and possibly adjusting the pealing schedule accordingly. The Chapel staff is also aware of the TOSV sound level standards. 3) The applicant has committed to restrict all construction impacts of the maintenance building to be outside the wetland area. The applicant also states a belief that the TOSV Council has determined that there is no other suitable site for the structure. Therefore, a variance into the 25 ft setback is being requested. If prudent construction techniques are employed to protect the wetlands and there is no violation of state or federal laws governing wetland protection, approval of this variance is recommended. This concludes findings of this review. Contact me with further questions. Sincerely, Thomas S. Dunlop, MPH, REHS RV %as Snowmass Village, Colorado 81615 USA Post Office Box 6289 o printed on recycled paper Office and Fax (970) 923 -4820 ATTACHMENT 7 Snowmass Chapel Final PUD TC Meeting 06 -15 -09 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 5 SERIES OF 2009 6 7 AN ORDINANCE CONSIDERING THE RE- ZONING TO `MIXED- USE -1' (MU -1) TOGETHER 8 WITH THE SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED UNIT 9 DEVELOPMENT (PUD) INVOLVING REQUESTED BUILDOUT AND HEIGHT VARIATIONS. 10 11 WHEREAS, the Town Council accepted on September 5, 2006 the Snowmass Chapel 12 modified Preliminary Plan application and permitted the Applicant to proceed to the Final PUD 13 application stage via Resolution No. 9, Series of 2006 (Resolution 9) and waived further 14 requirements for an air quality analysis and a fiscal impact report with the application, unless 15 deemed necessary during the Final PUD application review; and 16 17 WHEREAS, the Town Council granted the applicant's requests for extension of the 18 submission of the Final PUD application on September 4, 2007 and on November 3, 2008 via 19 Resolutions No. 19, Series of 2007 and No. 29, Series of 2008, respectively; and 20 21 WHEREAS, the Snowmass Chapel, Inc., formerly known as Snowmass Chapel and 22 Community Center, Inc., ( "Applicant ") initially submitted on December 11, 2008 as updated for 23 completeness on January 26, 2009 and formally submitted on February 2, 2009, a completed 24 Final PUD application that together includes a formal request to rezone the propertyto "MU -1" 25 and subdivision exemptions for a lot line adjustment and planned land exchanges with an 26 adjacent property owner, and a final re -plat (which plats would be acted upon by separate 27 resolutions) involving Lot 1 of the Snowmass Interfaith Chapel Subdivision and Lot 2A of the 28 Snowmass Interfaith Chapel Subdivision Re -plat "A" encompassing in total 3.99 acres 29 ( "Application "), not including the impacted area onto Parcel 10 (golf course) of the Snowmass 30 Club Subdivision, together with associated draft agreements, as generally described or 31 illustrated in as Exhibits "A" through "F," that include the re- zoning maps, the Final PUD Guide 32 and draft agreements, and /or as incorporated herein by reference; and 33 34 WHEREAS, the Applicant also requests by modification or ratification of the variations 35 from dimensional limitations accepted during the Preliminary Plan stage in the Final PUD 36 application, including exceeding maximum building height, the maximum buildout, and 37 seeking approval for development encroachment, including the maintenance building, into the 38 Town's 25 -foot wetland setback area next to Brush Creek; and 39 40 WHEREAS, the Final PUD application has submitted the final design plans for the 41 maintenance building that removes the Special Review provisions for such building in the 42 proposed Final PUD Guide since the final design is proposed at this time; and 43 44 WHEREAS, the Aspen Skiing Company/ Snowmass Club Associates, LLC consented 45 on January 14, 2009 to the applications, including the proposed subdivision exemptions for 46 the lot line adjustment and the land exchanges affecting Parcel 10 of the Snowmass Club BE TC Ord. 09- Page 2 of 12 47 PUD Subdivision; and 48 49 WHEREAS, the applications were sent to affected Town Departments and referral 50 agencies for review and comment on February 18, 2009; and 51 52 WHEREAS, the Planning Commission reviewed in particular the rezoning portion of 53 the application on March 18, 2009, together with some of the changes in the Final PUD 54 application mainly involving the maintenance building, and passed Resolution No. 10, Series 55 of 2009 on April 1, 2009 making their recommendations to Town Council; and 56 57 WHEREAS, the Applicant submitted on April 10, 2009 replies, information and 58 updated drawings or plans in response to Town staff and referral agency review comments on 59 the Final PUD and associated applications that were issued to the applicant on March 20, 60 2009, which supplemental information was forwarded to affected referral agencies and to 61 Town Council members; and 62 63 WHEREAS, the Applicant submitted an amendment dated May 11, 2009 for proposed 64 parking management plan adjustments, including the elimination of the off -site overflow 65 parking commitment previously offered together with substitute parking management 66 strategies, which was accepted by Town Council via Resolution No. 13, Series Of 2009, on 67 June 1, 2009 for subsequent referral, review and consideration purposes; and 68 69 WHEREAS, public hearings or continuances thereof, were scheduled before the Town 70 Council on May 4, 18, June 1, 15, July 6 and 20, 2009 to review the proposed Final PUD 71 application together with the re- zoning, and the associated subdivision exemptions and final 72 re -plat, to consider the recommendations of Town Staff, the recommendations of the Planning 73 Commission concerning the proposed re- zonings and Final PUD changes, to receive public 74 comment, and to act upon this ordinance; and 75 76 WHEREAS, the Final PUD and the re- zoning applications were processed in 77 accordance with Section 16A -5 -220, Amendments to Official Zone District May, Section 16A- 78 5 -390, Amendment of Final PUD, and Section 16A -5 -360, Final Plan, regulations of the 79 Municipal Code. 80 81 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 82 Snowmass Village, as follows: 83 84 Section One: Findings. Based upon the information contained in the Final PUD application 85 for the Snowmass Chapel expansion project and the associated re- zoning, together with the 86 documentation and testimony in the record, the Town Council finds that: 87 88 General Findings: 89 90 1) The Applicant submitted the applications for the Final PUD and Amendments to the 91 Official Zone District Map in accordance with the provisions of the Municipal Code. 92 93 2) The applications provided the Minimum Contents required and included written and 94 graphic materials in sufficient detail pursuant to Sections 16A- 5- 220(d) and 16A -5- 95 360(c)(2) of the Municipal Code. ism TC Ord. 09- Page 3 of 12 96 97 3) The Applicant has submitted supplemental information during the review process to 98 present changes or updates to the application for the primary purpose of responding 99 to the directions provided by Town Council, Planning Commission and Staff requests, 100 comments, and concerns, with the exception of the proposed amendment dated May 101 11, 2009 for parking management plan adjustments. 102 103 4) Public notification requirements were met in accordance with the requirements of 104 Section 16A- 5 -60(b) of the Municipal Code. 105 106 Findings related to the requested Amendments to the Official Zone District Map: 107 108 1) The Chapel is an allowed use pursuant to the past PUD or PUD Guide approvals in 109 Ordinance No. 8, Series of 1997, and a Special Review application for such a use is 110 not required in accordance with Table 3 -1, "Schedule of Uses," in Municipal Code 111 Section 16A -3 -50. 112 2) Since the Municipal Code no longer recognizes the 'PUD' zone district to be utilized 113 for development or redevelopment proposals, the proposed "MU -1" zone district is 114 appropriate for the site as it prohibits commercial type uses, such as retail sales 115 establishments, business /professional offices, personal services, restaurants and 116 commercial lodging. Those proposed uses, not specifically listed within the "MU -1" 117 zone district land -use table, could be considered accessory uses as previously 118 recommended during the Preliminary Plan stage, since they are acceptably, clearly 119 and specifically noted and listed in the Final PUD Guide as accessory permitted uses 120 under the control of the Applicant/owner rather than as primary permitted uses for the 121 site, which is the case pursuant to the proposed Final PUD Guide. 122 3) As the "MU -1" zone district allows a maximum 1:1 Floor Area Ratio (FAR) in Table 3- 123 2, "Schedule of Dimensional Limitations" of Municipal Code Section 16A -3 -50, the 124 Final PUD Guide acceptably restricts the maximum floor area to the accepted buildout 125 variation of 29,700 square feet. 126 127 4) Pursuant to the above noted findings and per Municipal Code Sections 16A -5- 128 300(c)(3) "Uses," under the General Restrictions, the Applicant's proposed "MU -1" 129 zone district of Lot 1 of the Snowmass Interfaith Chapel Subdivision, also to 130 incorporate the associated lot line adjustment and land exchanges via associated 131 resolutions, and Lot 2A of the Snowmass Interfaith Chapel Subdivision Re -plat "A," 132 and as further described or illustrated in Exhibit 'A" satisfactorily meets the following 133 criteria in accordance with Section 16A- 5- 220(e), "Review Standards" of the 134 Amendments to Official Zone District Map, as follows: 135 136 a) the re- zonings are consistent with the Town of Snowmass Village Comprehensive 137 Plan; 138 b) the zoning amendments are consistent with the purpose of the zone district to 139 which the property is currently developed and /or as designated as existing or 140 proposed via the Final PUD application; 141 c) the amendments are consistent with surrounding zone districts and uses, as the 142 majority zone district surrounding the impacted properties is'PUD,' which in and of TC Ord. 09- Page 4 of 12 143 itself incorporates and promotes a mixed -use nature and arrangement of 144 development; and 145 d) Necessary circumstances have occurred such as changed conditions and the 146 demonstration of a community need as part of the consistency with the intent of 147 the Comprehensive Plan. 148 149 Findings related to the Final PUD Plan: 150 1) The application does not conflict with other goals, objectives and policies of the 151 Comprehensive Plan with the exception of the Buildout Chart (Line B66), mass, scale 152 and height variation issues, and the applicant represented that the buildout variation of 153 29,700 square feet, that was accepted with the Preliminary Plan via Resolution 9, 154 would not change or increase, and therefore is acceptable as submitted with the Final 155 PUD. 156 2) Pursuant to the rezoning findings above, the Final PUD Guide acceptably and 157 definitively lists the primary and accessory uses separately, indicating that the 158 accessory uses, such as the administrative /counseling offices, small classes or 159 workshops space and other meeting spaces, shall be operated under the control or 160 auspices of the applicant or the owner of Lot 1 versus being leased to private entities 161 or individuals in order to comply with Table 3 -1, "Schedule of uses" in the "MU -1" zone 162 district via Municipal Code Section 16A -3 -50. 163 3) As previously recommended during the Preliminary Plan review, the Final PUD Guide 164 acceptably lists commercial lodging as a prohibited use, among other commercial or 165 retail type uses. 166 167 4) The Applicant earlier confirmed in an acceptable manner, as well as per a letter dated 168 June 1, 2009, that the proposed maintenance shed, to be located on the east side of 169 the proposed building addition, will be a space for a workshop, the storage of 170 maintenance related equipment, such as tools, snow blowers, lawnmowers and other 171 similar equipment, and it includes an area sufficient to park a work - related vehicle with 172 a plow. 173 174 5) The proposed maintenance facility would double in size from the previously 175 recommended 800 square feet to approximately 1,628 square feet; however, the 176 maintenance building, now on two levels, is acceptably designed to work with the 177 grades by incorporating a basement level while at the same time attaching the facility 178 to the existing golf course restroom that would be remodeled to satisfactorily blend 179 with the maintenance facility design, thus fulfilling one of the previous Town Council's 180 design option conditions during the Preliminary Plan approval. Since the final design 181 of the maintenance building is now being proposed, it is acceptable to review and 182 consider that portion of the application together with the Final PUD versus by separate 183 Special Review application as previously noted in the Preliminary PUD Guide. 184 185 6) The applicant has/has not satisfactorily demonstrated to the satisfaction of the Town 186 Council that exterior finishes proposed on the maintenance building would either 187 match portions of the exterior finishes on the proposed main building addition and /or ,fir , TC Ord. 09- Page 5 of 12 188 complement the architectural style or palette of materials on the adjoining Anderson 189 Ranch property, including a complementary treatment of the exposed foundation walls 190 of the maintenance building, for purposes of achieving aesthetic compatibility. 191 192 7) The Applicant requests a variation from the Town's 25 -foot wetland /riparian setback 193 established by Municipal Code Section 16A- 4- 30(e)(1), "Setback Standards," under 194 the Brush Creek Impact Area. The Applicant's proposed changes in this area, now 195 including the proposed maintenance building, in addition to other development such 196 as underground utilities, roads, trails, bridges and similar facilities are excepted items 197 pursuant to Municipal Code Section 16A- 4- 30(e)(1)b, "Exception for other necessary 198 structures;" And, concerning the maintenance building in particular, the proposed 199 encroachment into the 25 -foot wetland /riparian setback has less of an impact than the 200 other surface development impacting the setback area, and the Town Council applies 201 the Code's `other types of development' category by super - majority vote via this 202 ordinance, because the applicant has /has notsatisfactorily demonstrated, pursuant to 203 Section 16A- 4- 30(e)(1)d of the Municipal Code, that the encroachment is unavoidable 204 due the location of the creek in relation to the current location of the golf course 205 restrooms that would be attached to and retrofitted with the design of the maintenance 206 building as a whole. 207 208 8) Pursuant to Municipal Code Section 16A -4- 310(7), "Off- Street Parking Standards," the 209 changes to the seating counts in the main building addition from 300 to 320 210 permanent seats at a ratio of 1:3.3 and a decrease of temporary seats from 50 to 30 211 seats at a rate of 1:5, which rates are reasonable, insignificantly increases the parking 212 requirement from 101 to 103 spaces, assuming the building addition operates 213 individually without the concurrent operation in the existing facilities; Further, the 214 application appears to acceptably show the proposed expansion of the parking 215 provided on Lot 2A by 12 spaces as previous recommended during the Preliminary 216 Plan review, thus increasing the overall parking provided on site from 106 to 121 217 spaces, inclusive of handicap parking provisions, making the net cumulative difference 218 on -site between parking requirements and parking provisions negligible when 219 compared to what was proposed during the Preliminary Plan review; and therefore, 220 the Final PUD parking provisions are acceptable; Additionally, as the previously 221 offered off -site overflow parking commitment of 26 -32 spaces for larger events has 222 been proposed for elimination with the applicant's parking amendment dated May 11, 223 2009, the applicant's shared alternative parking plan together with substitute parking 224 management strategies have satisfactorily demonstrated compliance with the Code's 225 criteria in that: 226 227 a) the applicant has offered an additional 12 contingency parking spaces on Lot 2A; 228 b) the applicant has offered valet and bus services for special events, also per the 229 identified location for off -site valet parking during these events including the 230 consent from the affected property owner or representative thereof; 231 c) the joint `Parking Lot Use, Maintenance & Improvement Agreement' for the shared 232 usage of the parking on Lot 2A originated in 1998 among the private parties, that 233 include the applicant and adjacent off -site owners and users, has continued to 234 remain in effect; TC Ord. 09- Page 6 of 12 235 d) the applicant is willing to coordinate with the Town's Transportation Department 236 concerning usage of public shuttles for special events, subject to reimbursement 237 of reasonable service costs; and 238 e) per the above noted parking management strategies, and the proposed 239 community purpose for a transit shelter and bus pull off lane on Owl Creek Road, 240 the applicant has offered options to automobile usage per Code Section 16A -5- 241 310(c)(2)b. 242 243 9) There are minor exterior finish changes on the main building elevations together with 244 height measurement changes, as they are mainly resulting from minor final grading 245 changes, and the maximum building height and steeple elevations forthe main chapel 246 addition remain the same, and the maintenance building heights are acceptable 247 meeting the previously established 40 -foot height limitation as measured from existing 248 and proposed finished grades and that all existing and proposed buildings meet the 249 previous maximum average height of 25 feet for the campus as a whole. 250 251 10) Pursuant to Municipal Code Section 16A -4 -410, "Restricted housing requirements," 252 the applicant has satisfactorily mitigated the 434 square feet of required employee 253 housing by proposing to deed restrict the existing unit of 649 square feet per the 254 development agreement commitments and the operational restrictions in the 255 declaration of the deed restriction and agreement. 256 257 11) Similar to the findings in the Preliminary Plan Resolution No. 9, the Final PUD 258 application and the proposed variations or modifications thereto to buildout and height, 259 subject to the conditions in Section Three of this Ordinance, acceptably meet and 260 comply with the other review and approval criteria in Municipal Code Section 16A -5- 261 360, Final Plan Review Intent and Issues, Section 16A- 5- 300(c), General Restrictions, 262 and Section 16A -5 -310, Review Standards. 263 264 12) Similar to the findings in the Preliminary Plan Resolution No. 9, as the proposal is also 265 an amendment to the previous PUD approval, the Final PUD application also complies 266 with the review standards in Municipal Code Section 16A -5 -390, Amendment of Final 267 Plan, as follows: 268 269 a) The proposal is consistent with or an enhancement of the original PUD approval; 270 b) The proposal will not have a substantially adverse impact upon the neighborhood 271 surrounding the land where the amendment is proposed as defined in Resolution 272 9; 273 c) The proposal will not change the basic character of the PUD or surrounding areas 274 because the principle usages on the site are primarily the same; and 275 d) The proposal, per the finding above, complies with other applicable standards. 276 277 13) The community purposes previously offered by the applicant, as would be acceptably 278 implemented per the Final PUD plans or the associated agreements, are satisfactory 279 to justify the variations, and include: 280 281 a) 4,000 square feet of community purpose space in the existing facilities as further 282 described and illustrated in the development agreement; 0q "0 TC Ord. 09- Page 7 of 12 283 b) Employee housing over and above the square footage required for mitigation; 284 c) A vehicular bridge and culvert replacement; 285 d) A transit passenger waiting shelter, together with bus pull out and sidewalk along 286 Owl Creek Road; and 287 e) Brush Creek stabilization and habitat restoration and enhancement. 288 289 14) The applicant has addressed or adequately responded to or implemented the 290 conditions of approval in Preliminary Plan Resolution 9. 291 292 15) Concerning the applicant's request for waiver from the Town's Building Efficiency and 293 Renewable Offset Program in Ordinance No. 11, Series of 2008, the applicant has/ 294 has not satisfactorily met the criteria for community benefit, or public safety need 295 concerning the . The portion of the waiver requests 296 involving does / does not meet the criteria for community 297 benefit, or public safety need. 298 299 Section Two: Action. Pursuant to the findings stated in Section One of this ordinance, the 300 Town Council approves the following development and agreements, subject to complying with 301 or implementing the conditions outlined in Section Three of this ordinance: 302 303 1) Amendments to the Official Zone District Map. The Town Council hereby approves 304 and ratifies by this ordinance the re- zoning as shown on attached Exhibit "A," 305 incorporated herein, including exchanged land areas totaling 16,334 square feet by 306 separate resolution, for the proposed lots on the accompanying final re -plat also 307 pursuant to a separate resolution, to "MU -1" on Lots 1 and 2A of the Second 308 Amendment Plat, Snowmass Interfaith Chapel Subdivision; Lot 2 (Yarrow Park) of the 309 same re -plat shall remain 'PUD' zoning. 310 311 2) Final PUD Plan. The Town Council, having considered all relevant materials and 312 testimony, the Planning Commission's recommendations, Town Staff comments, 313 analyses and recommendations, and public comments, hereby approves the Final 314 PUD Plan application and the modifications thereto for the proposed Snowmass 315 Chapel Expansion Project as further described and illustrated in: 316 317 a) Exhibit "B" Final PUD Guide as incorporated herein and /or its exhibits by 318 reference: 319 b) The Final PUD Plan civil engineering drawings and specifications, water and 320 sewer plans, final landscape plan, architectural building elevations, exterior 321 materials and color schemes, and floor plans; 322 c) The Chapel's parking management plan and the supplemental amendment 323 thereto dated May 11, 2009; 324 d) The Subdivision Improvements Agreement and its exhibits, including the civil 325 drawings, the vehicular bridge and culvert replacement; parking construction for 326 12 additional spaces on Lot 2A, a fire access lane, the transit passenger waiting 327 shelter, together with bus pull out and sidewalk, Brush Creek stabilization and 328 habitat restoration and enhancement; landscaping; and the construction 329 management plan; 330 e) The Development Agreement outlining the provisions of the 4,000 square feet of 97"op TC Ord. 09-- Page 8 of 12 331 community purpose spaces in the existing facilities, the parking agreement 332 provisions including the parking amendment, and the employee housing 333 commitments; 334 f) The deed restriction for the existing employee housing unit; 335 g) Vested Property Rights Development Agreement for a period of _ years upon 336 approval of the Final PUD approval via this ordinance; 337 h) All other plans or documents as set forth in the Final PUD Plan application 338 notebook dated January 26, 2009, the supplemental amendment for parking 339 management plan adjustments dated May 11, 2009, and the supplemental 340 responses and information provided by the applicant dated March 30, 2009 and 341 June 1, 2009 in response to staff comments or Town Council issues and 342 concerns, which collectively are incorporated herein by these references. 343 344 3) Building addition height variation. The Town Council approves and ratifies by this 345 ordinance a variation from the maximum permitted building height limitation of 40 feet, 346 per the originally approved PUD, for the building addition as such heights are more 347 particularly described and listed in Exhibit "B," Final PUD Guide, attached hereto, in 348 the affected height tables and the building elevation drawings. The height variation for 349 the building addition is as follows: 350 351 a) South building addition elevation: to an elevation of 8209.27 feet above mean sea 352 level or a maximum height of 46.0 feet from finished grade and 45.1 feet from 353 existing grade. 354 b) North building addition elevation: to an elevation of 8209.27 feet above mean sea 355 level or a maximum height of 58.0 feet from finished grade and 55.6 feet from 356 existing grade. 357 358 4) Steeple height proportion. The Town Council approves and ratifies by this 359 ordinance the steeple height proportionality at 8232.69 feet above mean sea level 360 elevation or a maximum 68.4 feet from finished grade and 68.9 feet from existing 361 grade, including (versus excluding) any appurtenance, as further illustrated in Exhibit 362 `B," Final PUD Guide. 363 364 5) Buildout floor area variation. The Town Council approves and ratifies by this 365 ordinance the variation from the Buildout Chart's buildout designation for the 366 Snowmass Chapel expansion and existing campus, collectively, to permit up to 29,700 367 square feet of floor area on Lot 1 of the Second Amendment Plat, Snowmass 368 Interfaith Chapel Subdivision, that incorporates the land exchanges including the 369 adjoining portions of Parcel 10 of the Snowmass Club Subdivision by separate 370 resolutions. Such 29,700 square feet of buildout floor area includes up to 371 approximately 1,628 square feet for a maintenance facility, 1,212 square feet of 372 covered walkway on the existing facility and 2,010 square feet of covered walkways or 373 exterior entryways on the proposed building addition. 374 375 6) Buildout Chart amendment. By approving the buildout variation described above, 376 Town Council directs the Town Staff to amend the Buildout Chart of the 377 Comprehensive Plan in accordance with this ordinance which ratifies the approval of 378 the buildout variation. !J& 4000 TC Ord. 09-- Page 9 of 12 t 380 7) Development encroachment into 25 -foot wetland setback area. The Town 381 Council approves the development intrusion into the 25 -foot wetland setback area 382 between the narthex entrance for the building addition and Brush Creek, and between 383 the proposed maintenance building and Brush Creek, as described or illustrated in the 384 application materials. 385 386 8) Waiver from Building Efficiency and the Renewable Energy Offset Program 387 Standards. The Town Council hereby grants /denies the applicant's waiver request 388 for The only portion of the waiver request granted / 389 denied is for the 390 391 Section Three: Conditions. The Town Council makes the following conditions for the 392 Applicant to comply with or implement: 393 394 1) Considering the loss of the previously offered off -site overflow parking commitment, 395 the applicant shall install and stripe the previously committed contingent 12 additional 396 parking spaces on Lot 2A with the building addition as represented in the applicant's 397 Final PUD plans, prior to the issuance of a Certificate of Occupancy on the building 398 addition in efforts to accommodate potential additional parking demands due to 399 special events. 400 401 2) In order for the applicant's parking management plan and substitute strategies to work 402 more effectively, as represented by the applicant at a meeting on June 1, 2009 with 403 their proposed amendment for parking management plan adjustments to eliminate the 404 previously committed off -site overflow parking 26 -32 space parking area, the 405 continued existence of the ongoing 1998 joint 'Parking Lot Use, Maintenance & 406 Improvement Agreement' for the shared usage of the parking on Lot 2A shall remain 407 in effect. 408 409 3) The applicant shall enter into, complete and execute the following agreements or 410 covenants, and on behalf of the Town and prior to execution by the Mayor, the Town 411 Attorney shall review and execute the following agreements for acceptable form and 412 content, for recording purposes at the Applicant's expense following final execution: 413 414 a) Subdivision Improvement Agreement (SIA), in general conformance with the 415 applicant's original Final PUD submission January 26, 2009, as described in 416 attached Exhibit "C" that guarantees the installation of grading and storm drainage 417 facilities, new water and sanitary sewer utility lines; electric, gas, telephone, and 418 cable TV facilities; vehicular bridge and culvert replacement; parking construction 419 for 12 additional spaces on Lot 2A, a fire access lane, transit passenger waiting 420 shelter, together with bus pull out and sidewalk, Brush Creek stabilization and 421 habitat restoration and enhancement; landscaping; associated easements as 422 needed; and the maintenance, repair, default and remedy provisions, including the 423 SIA's exhibits (incorporated herein by reference) for the, a) lot line adjustment plat, 424 b) engineered plans and specifications (civil drawings), c) the transit passenger 425 waiting shelter, d) the Brush Creek stabilization and habitat restoration and 426 enhancement plan, e) landscape plan, f) subdivision improvements cost estimates 4009M? 000 TC Ord. 09- Page 10 of 12 427 (which shall be reviewed and accepted by the Town Engineer), and g) the 428 construction management plan submitted with the applicant's letter of June 1, 429 2009. 430 431 432 b) Development Agreement, in general conformance with the applicant's March 10, 433 2009 supplemental submission, as described in attached Exhibit "D," which 434 outlines the provisions for, a) the commitment of community purpose space as 435 offered by the applicant, b) the parking agreement, including the amendment for 436 parking management plan adjustment dated May 11, 2009, and c) the employee 437 housing commitments. 438 439 c) Declaration of Deed Restriction of the existing employee unit, in general 440 conformance with the applicant's original Final PUD submission January 26, 2009, 441 as described in Exhibit "E," that outlines the restriction on the usage and operation 442 of the residential unit including lease and rental rates. 443 444 d) Vesting Property Rights Development Agreement, in general conformance with the 445 applicant's March 10, 2009 supplemental submission, as described in attached 446 Exhibit "F," which shall limit the duration of the vesting of property rights to 447 years upon the Final PUD approval via this ordinance. 448 449 5) Prior to commencement of construction, the Applicant shall complete final civil plans 450 and resolve the remaining comments dated April 22, 2009 in attached Exhibit "I," 451 incorporated herein, to the satisfaction of the Town Engineer, including coordination 452 with the Snowmass - Wildcat Fire Protection District concerning the final acceptable 453 design and weight load capacity of the bridge prior to commencement of construction. 454 455 6) The Applicant shall review with the Town's Chief Building Official the lighting plan 456 submitted with the building construction plans to determine conformity with the 457 Lighting Ordinance No. 18, Series of 2003. 458 459 7) The Applicant shall complete all actions or matters, which in the opinion of the 460 Planning Director and the Town Attorney, are necessary to satisfy or dispense with the 461 completion, execution and /or recording of all documents, such as the agreements and 462 the deed restriction for the existing employee unit, that are necessary to implement the 463 conditions of this Ordinance and the requirements of the Municipal Code, before the 464 associated off -site easements, subdivision exemptions and related final re -plat are 465 executed and placed of record. Should disagreements arise that cannot be resolved 466 between Town Staff and the Applicant, the matter shall be referred to the Town 467 Council for final direction and /or determination. 468 469 8) Under the direction of the Planning Director, periodic reviews in the field of the 470 construction details associated with the project shall occur as reasonably necessary to 471 determine compliance with the design character standards specified within the Final 472 PUD approval. The Applicant shall make field adjustments if such adjustments are 473 determined by the Planning Director to be necessary to comply with the Final PUD. 474 The Planning Director may refer matters of this type to the Town Council for direction 1 TC Ord. 09- Page 11 of 12 475 as necessary to ensure consistency with the representations made by the Applicant 476 during the PUD review process. 477 478 9) Certain refinements, modifications, or amendments to the Construction Management 479 Plan may be required by the Town in response to impacts, complaints or concerns 480 which were not apparent at the time application was made. In addition, the Applicant 481 may find it necessary to notify the Snowmass Village Planning Department of 482 necessary additions, modifications, or amendments to the plan during the course of 483 construction. The changes may be permitted with written approval of the Planning 484 Director, who may refer the matter to the Town Council for final determination. 485 486 10) The Brush Creek trail, or re- routing thereof, shall remain open and operational during 487 construction as described in the applicant's construction management plan. 488 489 11) The Applicant shall provide a copy of any United States Army Corps of Engineers 490 permits required for any wetland or riparian area that would be disturbed by this 491 development, prior to any construction affecting said wetlands or riparian areas. 492 493 12) Town Council authorizes the Town's Planning Director to modify the Final PUD Guide 494 in attached Exhibit "B" as needed for consistency with the findings and conditions in 495 this ordinance. 496 497 13) Following execution, this ordinance and its exhibits shall be recorded, at the 498 Applicant's expense, with the Pitkin County Clerk and Recorder. 499 500 Section Four: Severability. If any provision of this Ordinance or application hereof to any 501 person or circumstance is held invalid, the invalidity shall not affect any other provision or 502 application of this Ordinance which can be given effect without the invalid provision or 503 application, and, to this end, the provisions of this Ordinance are severable. 504 505 Section Five: Enforcement. Obligations herein this Ordinance shall be binding on the 506 Applicant, its affiliates, successors and assigns. 507 508 INTRODUCED, READ, AND APPROVED on first reading by the Town Council of the 509 Town of Snowmass Village, Colorado on this 6th day of July 2009, upon a motion made by 510 Council Member and the second by Council Member , upon a vote 511 of _ in favor and _ against. 512 513 READ, APPROVED AND ADOPTED on second reading by the Town Council of the 514 Town of Snowmass Village, Colorado on this 20th day of July 2009, upon a motion made by 515 Council Member and the second by Council Member , upon a vote 516 of _ in favor and _ against. 517 518 TOWN OF SNOWMASS VILLAGE 519 520 521 522 Bill Boineau, Mayor j; TC Ord. 09- Page 12 of 12 523 524 ATTEST: 525 526 527 528 Rhonda B. Coxon, Town Clerk 529 530 APPROVED AS TO FORM: 531 532 533 534 John C. Dresser, Jr., Town Attorney 535 536 537 538 539 Exhibits proposed for insertion 540 541 542 Exhibits to Ordinance No. . Series of 2009, incorporated herein and /or by reference: 543 Exhibit "A" — Re- zoning exhibits and legal descriptions 544 Exhibit "B" — Final PUD Guide with its exhibits 545 Exhibit "C' — Subdivision Improvements Agreement (with its exhibits incorporated by 546 reference only) 547 Exhibit "D" — Development Agreement, outlining provisions for the community purpose 548 space, the parking agreement (including the amendment for the parking management plan 549 adjustments dated May 11, 2009), and the employee housing commitment; 550 Exhibit "E" — Declaration of Deed Restriction on the existing employee unit 551 Exhibit "F" — Vested Property Rights Development Agreement 552 Exhibit "G" — Buildout Chart revision 553 Exhibit "I" — Outstanding comments dated April 22, 2009 from the Town Engineer. JfaJl;nrj rJ„: MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: June 15, 2009 meeting SUBJECT: CONTINUATION OF PUBLIC HEARING - SNOWMASS CENTER: PRELIMINARY PLAN APPLICATION AND MODIFICATIONS THERETO FOR THE PROPOSED SNOWMASS CENTER REDEVELOPMENT AND EXPANSION PLAN PROJECT. The public hearing for this item was previously continued from January 20, 2009 to June 15, 2009 for what was to be an on -going review of the Preliminary Plan application regarding the proposed Snowmass Center redevelopment and expansion project, pursuant to Municipal Code Section 16A -5 -340, Preliminary Plan. The application involved property located approximately 150 feet north of Brush Creek Road and between Upper and Lower Kearns Roads on Parcels A and B, the existing Snowmass Center Parcel A Replat, and Parcels F, G and I of the Faraway Ranch Subdivision (Parcel plat). The Brush Creek Estates single - family area was also part of the project to be located on Parcels H and H -1 of the same subdivision behind and to the north of the Woodbridge Condominiums property. Applicant: Brush Creek Capital Holdings, LLC Representative: Scott Stenman Planner: Jim Wahlstrom I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The purpose of the meeting would be to acknowledge the applicant's withdrawal of the application and related past amendments that were accepted pursuant to the attached letter dated May 14, 2009, and to permanently close the public hearing. II. APPLICABLE REGULATIONS According to Code Section 16A- 5- 70(2)5e, Withdrawal of application, it states: "An applicant shall have the right to withdraw an application at any time prior to the action on the application by the decision - making body." III. OTHER HEADINGS RELATED TO THE TOPICS See the attached correspondence dated May 14, 2009 from the applicant stating their request to withdraw the application including all previously accepted amendments. IV. STAFF FINDINGS AND RECOMMENDATIONS To document the proceedings for the public record, the Town Council may open the hearing since previously continued to June 15th, acknowledge the withdrawal letter submitted by the applicant in May and then permanently close the hearing. 140S an* May 14, 2009 Town Council in care of Jim Wahlstrom Town of Snowmass Village 130 Kearns Road P.O. Box 5010 Snowmass Village, CO 81615 Re: Snowmass Center Redevelopment — Request for Withdrawal Dear Honorable Council Members, E." V ' MAY' 14 2009 sn N Dvi��eo p°u*r Brush Creek Capital Holdings, LLC respectfully requests to withdraw the Snowmass Center Redevelopment Plan Application including all previously accepted amendments. We will no longer be submitting a fourth amendment. We truly appreciate the time and energy Council, Staff and the community has put into the review of the application over the past four years. Thank you for your time and understanding regarding the withdrawal of the Snowmass Center Redevelopment Plan. Sincerely, Scott Stenman VP of Development cc: K. Wong - Related D. Romero — Related WestPac J. D'Agostino — Related WestPac J. Irwin - Related G. Melius — Related WestPac R. Forrest — TOSV C. Conrad — TOSV Jr r � 16 Kearns Road, Suite 301, Snowmass Village, CO 81615 (970) 544 -0620 (t) (970) 920 -3384 (f) TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: JUNE 16, 2009 EOTC Retreat The EOTC retreat is tentatively scheduled for August 6t'. The details for this retreat are being planned. Are there any specific outcomes the Snowmass Town Council would like to achieve in this retreat? Summary of Ongoing and Pending Strategic Actions Last Updated — June 4, 2009 Staff Action Status Date to follow -up w/ Contact Council Land Use Comp. Plan Comprehensive Completed sections with edits will be Will be scheduled Team Plan Update forwarded to Council and staff will provide a with Council until memo on a chapter that highlights major approved. Ongoing changes in each chapter prior to it being discussed with the Town Council Chris Conrad Local Retail Tool Council asked that an ordinance be prepared July 20, 2009 Box & Demolition to provide a period of time to review demolition permits before demolition of a building occurred. Council agreed that staff should develop language for future PUDs to identify critical integral components of a PUD that must continue to exist over time. In addition, John Wilkinson requested that staff bring back a land mark ordinance for discussion in the future. Russ Tree Ordinance Frame goals and provide alternative July 20, 2009t approaches to tree protection. Staff has several ordinance examples available for Council. Trees on single - family lots are protected through the Snowmass HOA which does regulate tree removal. Most PUDs in Snowmass have Landscape Plans that provide some level of protection from tree removal. Other Land Use Other Land Use Code Improvements should Code Issues also be considered with the completion of the Comprehensive Plan. Staff would recommend having a work session with Council to review potential code changes. Housing Housing Draw Site /Land On February 17 the Town Council asked that This project would Department Inventory a Land Inventory to identify potential housing cost approximately sites be completed after the Town completes $16,000 based on a is June budget review. On June 1, staff will proposals from provide an update on the budget. Design Workshop. Housing Housing Lottery/ Staff is advertising for a committee of 5 based June 18 . Department Guidelines on Council's direction. Housing Housing Policy The consultant has completed a rational Department nexus study and can begin to work with the Town on a new housing policy. The Planning Council has asked Commission is also reviewing housing goals that this occur after as part of the Comp. Plan review. Staff will the Council schedule two agenda items based on the input completes review of from Council on October 6 (these could be on Comp. Plan or at the same dates) which would be 1) policy least the housing discussion to modify the current land use code chapter. related to affordable housing; and 2) a review of deed restriction policy . Housing Excise Tax Schedule a worksession to discuss the Excise July 20"', 2009 Tax and its application Joe C Natural Disasters On 11/3 Council asked that staff further July 20, 2009 (Terri and Cost evaluate criteria for allowing some costs from Everest) Recovery in Deed property damage incurred by natural disasters Restricted For in deed - restricted homes to be recovered Sale Housing upon the resale of the home. Examples of criteria discussed included: cap on recovery based on a % (percent) value of the home and requirements for comprehensive insurance. W4 up %00 Budget/Finance Finance Monitoring Staff is carefully monitoring revenue and 2" Reading of a Department Revenue projected revenue by: supplemental budget • Reviewing projected occupancy and on June 18th yield in the next 4 months in Snowmass Village • Monitoring sales and lodging tax • Regular communication with ski company, lodges, retail businesses on business activity Marianne Skittles Operation Council requested a direct discussion with Will review Skittles stakeholder (Aspen Skiing Co, West Pac use in July with Related, Staff, merchants) on hours of Council summer operation for the Skittles. On May 18th, 2009 Council provided direction to operate 7 days a week during a summer period Environment/Sustainability Jason Haber Review of REOP On October 20, 2008, Council passed a October 2009 fee schedule motion directing staff to schedule this review for March 2, 2009. On March 2, Council asked that the fees and language for PUDs be reviewed prior to November 2009. Other Projects Art Smythe Incident Invite Ellen Anderson to do a 1 -hour overview July 6th Command of ICS for Council. System I 2nd DRAFT SNOWMASS VILLAGE TOWN COUNCIL SPECIAL MEETING AGENDA JUNE 29, 2009 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON - AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: COMPREHENSIVE PLAN — CHAPTER 7 BUILT ENVIRONMENT, CHAPTER 4 REGIONAL AND COMMUNITY ECONOMICS AND CHAPTER 5 COMMUNITY SERVICES._ FACILITIES AND AMENITIES (Time: 120 minutes) ACTION REQUESTED OF COUNCIL: Review Chapters 7,4 and 5 and provide direction, and all the edited Chapters to date. -- Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) .................. ............................... Page (TAB - -) Item No. 5 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ........... ............................... Page (TAB - -) Item No.6: ADJOURNMENT NOTE: Total time estimated for meeting: Aparoximately 2 hours (excluding items 1 -3 and 5 —6) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. l 3RD DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JULY 6, 2009 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON - AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: INCIDENT COMMAND SYSTEM (ICS -402) (Time:60 minutes) ACTION REQUESTED OF COUNCIL: - -Todd Manns & Ellen Anderson. Page (TAB - -) Item No. 5: UPDATE FROM ASPEN SKIING COMPANY - SUMMER AND WINTER OPERATIONS (Time: 30 minutes.) ACTION REQUESTED OF COUNCIL: -- Michael Kaplan & David Perry.. Page (TAB - -) Item No. 6 WINTER 2009 -2010 PARKING PLAN (Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Review and give direction to staff. -- David Peckler .......................... Page (TAB - -) Item No. 7: ARTS ADVISORY BOARD PRESENTATION AND DISCUSSION OF TOWN HALL SCULPTURE "TRANSPARENCY" (Time: 45 minutes) ACTION REQUESTED OF COUNCIL: - -Jason Haber .............................. Page (TAB - -) Item No. 8: UPDATE ON BASE VILLAGE COMMITTMENTS (Time: 60 minutes) ACTION REQUESTED OF COUNCIL: This is a place holder at this time, more info to follow 07- 06 -09TC Page 2 of 2 Item No.9: COMPREHENSIVE PLAN — CHAPTER 3 AND CHAPTER 10 (Time:45 minutes) ACTION REQUESTED OF COUNCIL: Review and give direction to staff. Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) ..................... ............................... Page (TAB - -) Item No. 10: MANAGER'S REPORT (Time: 10 minutes) -- Russell Forrest .......................... Page (TAB - -) Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING ..................... ............................... Page (TAB - -) Item No. 12: APPROVAL OF MEETING MINUTES FOR: AND ..................... ............................... Page (TAB - -) Item No. 13: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ......................................... ............................... Page (AB - -) a e Item No. 14: ADJOURNMENT NOTE: Total time estimated for meeting: AoDroximately 4 hours and 45 minutes (excluding items 1 -3 and 11 —14) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. 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