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12-03-07 Town Council Packet 1 '1 SNOWMASS VILLAGE REGULAR MEETING AGENDA JOINT PLANNING COMMISSION /TOWN COUNCIL MEETING DECEMBER 3, 2007 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 PUBLIC HEARING AND STATE OF COMPREHENSIVE PLAN REPORT (Time 45 minutes) ACTION REQUESTED OF COUNCIL: Receive Planning Commission report and conduct Public Hearing. Chris Conrad Page 1 TAB A Item No. 5: CONSTRUCTION UPDATE (Time: 5 minutes) ACTION REQUESTED OF COUNCIL: TWO -WEEK LOOK AHEAD FOR CONSTRUCTION ACTIVITY Jason Haber Page 23 TAB B Item No. 6: STATE OF SNOWMASS REPORT (Time 60 minutes) ACTION REQUESTED OF COUNCIL: Receive the State of Snowmass Report presentation. Jason Haber .............................No Packet Information Item No. 7: SECOND READING OF ORDINANCE NO. 13 SERIES OF 2007 RECOMMENDING DENIAL OF SECOND READING OF AN ORDINANCE CONSTRUCTION MITIGATION FEE: (Time: 10 minutes): ACTION REQUESTED OF COUNCIL: Denial of the second reading of Ordinance No. 13, Series of 2007, an Ordinance Amending Certain Provisions of the Snowmass Village Municipal Code- establishing a Construction Mitigation Fee (Tabled from 8- 20 -07, 10 -01 -07 and 11 -05 -07 T.C. Meeting Jason Haber Page 26 TAB C Item No. 8 FIRST READING OF ORDINANCE NO. 23 SERIES OF 2007 UPDATE ON EXISTING PERMIT FEES (Time 30 minutes) 12- 03 -07tc Page 2 of 2 ACTION REQUESTED OF COUNCIL: Approval of first reading of Ordinance 23, Series of 2007, which would increase the multiplier used for building fee calculations from 1.5 to 2.5 Mark Kittle /Jason Haber ...........................Page 23 TAB D Item No. 9: RESOLUTION NO. 30, SERIES OF 2007 APPROVING THE EOTC BUDGET (Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution No. 30, Series of 2007 David Peckler ...........................Page 41 TAB E Item No. 10: ADMINISTRATIVE PUD AMENDMENT SINCLAIR MEADOWS (Time 45 minutes) ACTION REQUESTED OF COUNCIL: Direction to Planning Director Chris Conrad Page 45 TAB F Item No 11: MANAGER'S REPORT Page 61 TAB G Item No. 12: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS Page 65 TAB H Item No. 13: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 3 hours 30 minutes (excluding items 1 -3 and 11 -13) 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. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. (If the Meeting ends before 9:00 p.m.) MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: December 3, 2007 SUBJECT: PUBLIC HEARING AND STATE OF COMPREHENSIVE PLAN REPORT Public Hearing and Planning Commission 2007 State of the Comprehensive Plan report. Planner: Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL:. Purpose: The Planning Commission will present their report titled "2007 State Comprehensive Plan" to the Town Council pursuant to the provisions of Sec. 16A- 1 -50(c) of the Snowmass Village Municipal Code. The presentation will then be followed by a Public Hearing. The Planning Commission conducted their review of the Comprehensive Plan during meetings occurring on September 6 and 19, October 3 and 24 and November 7, 14 and 28, 2007. Exhibit "A" of the attached resolution outlines their recommendations for amendments to the Comprehensive Plan. Action Requested: Following receipt of and discussion regarding the Planning Commission report, the Town Council needs to conduct a Public Hearing to receive comment from the public. Attachment 1: Planning Commission Resolution No. 20, Series of 2007 Ell TOWN OF SNOWMASS VILLAGE TOWN COUNCIL PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT.. DATE: December 03, 2007 PLACE: Snowmass Village Town Council Chambers 0016 Kearns Road 2nd Floor Snowmass Center Building TIME: At a meeting that begins at 4:00 P.M. The exact time of the hearing will be determined by the agenda. ITEM: To receive public comment on the "State of the Comprehensive Plan" report, pursuant to Section 16A- 1 -50(c) of the Snowmass Village Municipal Code, as prepared by the Snowmass Village Planning Commission and presented to the Town Council INFO: TELEPHONE: 923 -3777 INTERNET ACCESS TO COUNCIL E -MAIL: http: /www.tosv.cOm CITIZEN FEEDBACK HOTLINE: 922 -6727 Donna J. Garcia Spaulding, Deputy Town Clerk Posted and Published in the Snowmass Sun Newspaper on October 24, 2007. aa� Now ATTACHMENT 1 TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION No. 20 SERIES OF 2007 A RESOLUTION ADOPTING THE PLANNING COMMISSION STATE OF THE COMPREHENSIVE PLAN REPORT. WHEREAS, a review of the Snowmass Village Comprehensive Plan was conducted by the Planning Commission under the provisions of Section 16A- 1 -50(c) of Snowmass Village Municipal Code (the "Municipal Code and WHEREAS, the Planning Commission reviewed the Comprehensive Plan during meetings occurring on September 6 and 19, October 3 and 24 and November 7, 14 and 28, 2007; and, WHEREAS, the Planning Commission instructed staff to draft a report on the state of the Comprehensive Plan based on the findings and recommendations discussed during the above Planning Commission meetings; and, WHEREAS, the Planning Commission reviewed the draft report, titled Planning Commission Report: 2007 State of the Comprehensive Plan during their November 14 and 28, 2007 meetings; and NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Town of Snowmass Village, as follows: Section One Action. The Planning Commission hereby adopts the Planning Commission Report: 2007 State of the Snowmass Village Comprehensive Plan attached hereto as Exhibit "A READ, APPROVED AND ADOPTED by the Planning Commission of the Town of Snowmass Village on November 28, 2007 upon a motion by Commission Member Markey Butler the second of Commission Member Jim Gustafson and upon a vote of 6 in favor and 0 against. TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION Doug Faurer, r3hjrman ATTEST: Knsti amford, Planning Commission Secretary _3- Exhibit L 6 A" PC Resolution No. 20, Series of 2007 (Page 1 of 19) Snowmass TiClage Planning Commission 2007 State of the Comprehensive Aan Re port Forward As the resort community of Snowmass Village grows and evolves so does its vision. At this pivotal time in the history of Snowmass Village the Planning Commission has been charged with the task of assessing one of the community's guiding documents by undertaking a review of the Snowmass Village Comprehensive Plan This report explains the review process the Planning Commission has undertaken and includes the recommendations made by the commissioners to help direct the evolution of the Comprehensive Plan. The review of the Snowmass Village Comprehensive Plan has been conducted in a manner consistent with Snowmass Village's values, goals, and sustainable future in mind. The recommendations presented in this report should be viewed as they were intended, as opportunities and as added direction for the Town regarding the future of Snowmass Village. November 28, 2007 Town of Snowmass Village Planning Commission i Chairman: ou Faurer Members Mark Stout Markey Butler Bill Boineau Don Crouch Gordon Ledingham Jim Gustafson -1- Exhibit "A" PC Resolution No. 20, Series of 2007 (Page 2'of 19) 2007 State f the Comyr°ehensive Plan Executive Summary Background On January 3, 2000 Town Council approved and adopted Ordinance No. 22, Series of 1999. This Ordinance represented the original adoption of Snowmass Village Comprehensive Plan (the "Plan'. Subsequent amendments occurred with the adoption of: Ordinance No. 22, Series of 2004 Ordinance No. 24, Series of 2004 Ordinance No. 26, Series of 2004 Ordinance No. 15, Series of 2005 The intended purpose of the Snowmass Village Comprehensive Plan is to be a comprehensive statement of the Towns current growth, development and land use philosophy. The Land Use Code identifies the nature of the Town's philosophy as a dynamic statement that can and should be updated and amended over the years in response to changing community needs' The Snowmass Village Comprehensive Plan records the Town's policy and vision direction regarding land use issues and is used to help Snowmass Village develop, grow and evolve into the highly livable resort community envisioned by its residents, Town Council, businesses and visitors. The policies contained in the Plan are driven by Snowmass Village's values and vision; Planning Commission members kept these in mind when reviewing the state of the Plan and making recommendations regarding future amendments. The findings of this report are presented for consideration as a means to adapt the Plan for a community that finds itself entering a new era of development with a need to respond to both internal and external influences as well as changing needs. A strategic plan and work program was beyond the scope of the Planning Commission and not necessary as part of this review. The recommendations of the Commission will be reviewed by Town Council to determine the appropriate course of action as part of the forthcoming targeted Plan update process to be implemented by the consultant team retained for that purpose. 1 See: Section 16A -1 -50 (b) of the Land Use Code -2- Exhibit PC Resolution No. 20, Series of 2007 (Page 3 of 19) 2007 State ®f the Comyrehensive Plan Recommendations Provisions in the Land Use Code require the Planning Commission to conduct periodic reviews of the Comprehensive Plan no later than twenty four months following the most recent review.' The Commission found this requirement inappropriate given the time required to develop, adopt and implement amendments to the Plan between review periods. The Planning Commission recommends amending the Plan Periodic Review provision in the Land Use Code to a more appropriate timeframe of three years Three general areas of concern regarding the Comprehensive were also identified as opportunities for improvement of the Plan: 1. The connections between various policies will need further refinement as the interrelationship between community and resort needs become more complex in a maturing and redeveloping Snowmass Village. 2. While some policies and goals may remain flexible to allow for greater longevity and to anticipate increasingly rapid changes caused by development, commercial and resort industry trends, core policies essential to achieve or fulfill community vision should be unambiguous and precise so as to not fall victim to subjective interpretation or distortion. 3. The Plan needs to incorporate a broader range of policy areas to better prepare Snowmass Village for the future. The Planning Commission found that there were a number of areas within the Plan that could be improved upon and identified new goals and policies that should be considered to ensure that the Plan better addresses the future needs of the community. The findings contained within this report have been provided for presentation to the Town Council and are not intended to be incorporated without public discussion and inclusion of the community stakeholders during the preparation of the targeted Plan amendment. 2 Section 16A- 1 -50(c) Exhibit "A PC Resolution No. 20, Series of 2007 (Page 4 of 19) 2007 State o_ f the Comyr°ehensive Aan Purpose and Code Requirements Because the future of any community is uncertain and changing, the Comprehensive Plan is intended to adapt to changing conditions over time. The Plan should be amended to keep it current and to consider new elements in response to development, economic, and planning initiatives. The Land Use Code defines the minimum requirements for review of the Comprehensive Plan in Section 16A- 1- 50(c): Periodic Review. The Planning Commission shall conduct a review of the Comprehensive Plan at such time as the Planning Commission may determine, but not later than twenty -four (24) months following the most recent =review. Following such review, the Planning Commission shall submit a written "State of the Comprehensive Plan" report to the Town Council including, among other things, recommendations for amendments to the Comprehensive Plan. The last "State of the Comprehensive Plan" was adopted by Planning Commission Resolution No. 6, Series of 2005. The Planning Commission commenced their recent review of the Plan in September, 2007 with the intent to update the 2005 review and report in order to present a meaningful set of recommendations to help the Plan better address the needs of Snowmass Village in the future and to serve as a policy document to aid in implementing community vision. Section 16A- 1 -50(d) of the Land Use Code states that following the periodic review, the Planning Commission and the Town Council '"may conduct such additional hearings and investigation as they deem appropriate and may amend the provisions of the Comprehensive Plan." The Planning Commission will conduct additional hearings and provide further recommendations as they deem appropriate or as additional information (the Marketing and Special Events Strategic Plan and consultant reports) becomes available during the period of the targeted Plan update process. i -4- Exhibit "A" PC Resolution No. 20, Series of 2007 (Page 5 of 19) 2®®7 State of the Comprehensive Plan Process Roles of the Planning Roles of the Planning Commission and Staff Commission and Staff Structure of Recommendations The role of Town staff during the review process was advisory in nature and did not include direct assessments of the Comprehensive Plan. This report represents the findings of the Planning Commission members alone. Staff provided a framework of procedural guidelines; however, it was determined that the most objective review would be achieved by limiting the role of staff to process development and professional support for Commissioners. Structure of Recommendations The Comprehensive Plan review discussions were essentially focused on the "general areas of concern stated within the Executive Summary above and the context of the following three themes: 1. the relationships and balance between the interests of the community, resort and real estate components within the Town (the interdependence of each components success upon the other); 2. the evolution of Snowmass Village's identity (redevelopment within the town core, the development of community facilities, housing and improvements to transportation are all examples of influential forces affecting the way in which Snowmass Village views itself); and, 3. the interrelationships between Town policies and Snowmass Village's future as a successful, unique and livable community (the opportunities or constraint dictated through the implementation of the Comprehensive Plan policies either provide opportunities, innovation and initiatives of community benefit or discourage unwanted impacts that directly affect the livability of the built environment of Snowmass Village). .r -5- Exhibit A PC Resolution No. 20, Series of 2007 (Page 6 of 19) 2®®7 State of the Comyr°ehensive Plan structure of Through the review process and work session discussions the Planning Recommendations Commission developed an extensive list of questions that they felt the (continued) Comprehensive Plan, as amended, should address. From this list, the made findings and developed both general and specific recommendations to improve the Comprehensive Plan. The specific recommendations for Town Council to consider were grouped into the following categories as they related to the individual Plan chapters based upon the content of the individual recommendation: Philosophy: relating to the broadest scope of Snowmass Village's future; Policy: relating to existing or expanded policy directions; Content: relating to existing content; and, Details: information relating to presentation of content. -6- f Exhibit "A" PC Resolution No. 20, Series of 2007 (Page 7 of 19) 2®®7 State of the Comyref ensive Plan Findings and Recommendations Finding General Finding: The Planning Commission finds that to clearly define the Town's policy and vision direction for the future, it is essential that all parties involved in amending the Plan understand the interrelationships and strike the appropriate balance between the interests of the community, resort and real estate components within the Town (the interdependence of each components success upon the other). In order for us to be a successful community, the resort component provides employment, vitality and is essential to sustain financial viability. In order to be a successful resort, the community component is needed to provide identity, value, character and support. The real estate component or industry is an enormous economic engine with the potential to either positively influence or negatively affect the resort and community components. Real estate sales, property management, construction and related support services engage a significant workforce and generate substantial revenue within the community. New development creates additional accommodations, commercial shopping and dining opportunities as well as amenities to support and enhance the guest experience and resort component. The redevelopment of real estate properties improves community image or character, preserves property values and enables the community to adapt to changing market conditions. Potential negative impacts of new development or redevelopment occur when consideration is not given to establishing an appropriate pace of construction or to require acceptable construction mitigation to minimize the disruptive nature it has on the community and resort guests. In addition, the amount and type of real estate product that may be the most profitable or beneficial to the developer may not be in the best interest of the community. There needs to be a balance providing for sensible development that responds to the needs and interests of all three components. -7 Exhibit "A" PC Resolution No. 20, Series of 2007 (Page 8 of 19) 2007 State o, f the Comprehensive Aan Philosophy and Policy Findings have been grouped as they relate to the Philosophy and Policy existing chapters within the Plano Recommendations Our Community Character and Vision Philosophy Recommendations: 1) The "Future" vision statement should be extended to the year 2025. 2) A value statement should definitely be included. 3) The values used to achieve the vision needs to be created through community consensus. 4) The vision statement should be clearly articulated and reflect community consensus values. 5) The vision statement should be a balanced statement precisely identifying both community and resort goals and aspirations. Policy Recommendation: Clearly identify the community thresholds to and expectations of new development and redevelopment as may be necessary to achieve the vision. Comprehensive PlanninLProcess The policies and necessary changes identified within this chapter remain generally valid. The recommendations provided within this State of the Comprehensive Plan should be incorporated and carried forward within the plan as will be amended during the targeted Comprehensive Plan update process. Regional and Community Economics Philosophy Recommendations: 1. More clearly address Snowmass Village's interrelationship between resort and community interests. Exhibit L 6 A" PC Resolution No. 20, Series of 2007 (Page 9 of 19) 2®®7 State of the Comyrehensive Aan Philosophy and 2. Provide policies that ensure the critical mass of people and Policy activity necessary to maintain and increase the vitality of Resort Recommendations Commercial, Community Commercial, amenity activities, special (Continued) events, etc. 3. Recognizing the need to establish a proper balance between community and resort, determine what key economic factors should be considered or goals applied in determining the appropriate amount, type and distribution of residential and commercial within the community. 4.. There is an absolute need to maintain sufficient "community" commercial (as distinguished from "resort" commercial) within the village in order to remain a viable community and to provide necessary goods and services to our residents. Economic policies may be needed as reasonably appropriate to achieve this key community element for a sustainable future. 5. The term "H.O.T. Beds" needs to be clearly understood and defined within the broad spectrum of unit types needed to address market demand that provides economic sustainability. The appropriate quantity, mix and distribution of fractional, condominium and hotel units required to promote resort and community vitality and provide sufficient Social (transient) guest accommodations as well as support Group (conference) opportunities needs to be established._ 6. Determine the appropriate retail, restaurant, cultural and other social amenities (including teen and family activities, etc.) to create vitality, support market driven expectations and reduce the "leakage" of potential revenue from the resort and community. 7. Develop a broader understanding of the long term fiscal, housing, transportation and service demands or impacts that will occur with careful consideration of future development and its workforce requirements. -9- Exhibit "A PC Resolution No. 20, Series of 2007 (Page 10 of 19) 20®7 State f the C®myref ensive Plan e Philosophy and Policy Recommendations: Policy Recommendations 1. Generate policies to create incentives for economically viable (continued) development that will be community and resort responsive and support a diverse and stable tax base. 2. Generate policies that address the unique needs of both resort service based businesses as well as local service based businesses. 3. Generate policies that create incentives for future development and commercial activity that would sustain �*Community Commercial" and enhance a viable small business environment. 4. Expand policies to support year round activities within the community. Community Services, Facilities, and Amenities Philosophy Recommendations: 1. Encourage more conferences and group business by developing a multifaceted strategy for amenities to address a broad range of interests. 2. Recognizing that we live within a the Roaring Fork Valley where communities /counties throughout the area are interdependent, determine what type of relationships (formal and informal) the Town wants to have with its neighbors. Policy Recommendations: 1. Develop a strategic plan for generating policy guidelines that would help the Town better assess the fiscal impacts, and mitigation means, of development and its ability to provide services and infrastructure. qv3 Exhibit "A" PC Resolution No. 20, Series of 2007 (Page 11 of 19) 2007 State Of the C®rr�� pre hensiv e Plan o Philosophy and 2. Develop a strategic plan regarding necessary public facilities, Policy conference facilities and community amenities, identify Recommendations appropriate locations and then establish implementation policies (continued) to ensure that they occur. 3. Develop a communications master plan policy, including but not limited to, providing incentives for providing community wide cellular coverage, wireless and other technology that keeps abreast of the times. 4. Develop policies to create incentives for the provision and /or development of essential community services (for example: office space, cultural amenities). 5. Address the needs of a diverse spectrum of age categories, including the growing aging population. 6. Develop an approach to address the community health and medical needs of the full community demographic spectrum. Environmental Resources Philosophy Recommendations: 1. Open Space is at a premium in the Village for many different reasons. This resource should be evaluated and consideration given as to how it may best be preserved or used. 2. Distinguish between deeded open space vs. "open space" within existing and future development that should be preserved. 3. Define the purpose for preservation, i.e. wildlife, visual, spatial. 4. Acceptable air, noise, geologic and water standards should be better defined as essential elements of a quality community. Policy Recommendations: 1. Policies addressing view planes and the scale and character of development should be refined, clarified and mapped. I0-)q Exhibit "A" PC Resolution No. 20, Series of 2007 (Page 12 of 19) 20®7 State of the C®myr°ehensive Plan Philosophy and 2. Develop policies addressing environmental sustainability issues Policy (relationship to economic stability, trends related to eco- Recommendations tourism). (Continued) 3. Develop standards or goals to promote and incentivize energy efficiency. Future Land Use Plan Philosophy Recommendations: 1. Growth policies in the Plan should include overall growth and the incremental effects of specific developments (including scenarios). 2. Consideration needs to be given to zoning and /or future land use designations such that the community will have adequate commercial space for non retail professional service businesses such as legal or accounting offices, health care, architect or property management companies. 3. Consider zoning or other methods that may be necessary to ensure that there are viable standardized "hotel like" units (such as limiting long term occupancy or owner furnished rooms in such zone districts) of appropriate quantity, mix and distribution within the community. 4. The assumptions used within this chapter need to be updated to reflect current understanding of the related topics. 5. Consideration should be given to limit development to a pace that allows for an adequate work force to be available to operate and maintain the development when completed. Policy Recommendations:, 1. Clearly identify the community thresholds to and expectations of new development as necessary to achieve the vision in Chapter One. -12- Exhibit LeA PC Resolution No. 20, Series of 2007 (Page 13 of 19) 2®®7 State ®f the C®mr°ehensive Plan Philosophy and 2. Develop policies regarding construction mitigation, with Policy consideration of the appropriate pace of construction, to Recommendations anticipate and minimize the disruptive nature it has on the (continued) community and guests. 3. Develop policies to achieve a balance between maintaining open space and development that allows Snowmass Village to remain competitive in the resort market while preserving our natural assets. 4. Develop policies relating to redevelopment within the town core, for example: 1) economics; 2) potential incentives to achieve desired community redevelopment goals; 3) the impacts of redevelopment and their consequences; and 4) establishing necessary carrying capacity thresholds. 5. Develop policies addressing mountain resort community design issues, including specific policies relating to the town core, concerning architectural design standards and height, mass and density thresholds. 6. Develop policies addressing trends in live /work development needs. 7. Develop reasonable phasing strategies for development growth, construction and impact management to enable redevelopment within parameters acceptable to the community. The Transportation Plan Philosophy Recommendations: 1. Determine to what extent West Village redevelopment plans can incorporate a parking plan viable enough to support the existing as well as new growth and retain accessible parking for residents. 2. Seek to preserve corridors for alternative modes of transportation. ���A 13- Exhibit "A" PC Resolution No. 20, Series of 2007 (Page 14 of 19) 2®®7 State of m the Co rehensive Plan Philosophy and 3. Innovative concepts should be explored to further improve Policy Recommendations pedestrian and bicycle oriented linkages as well as the current (continued) public transportation. 4. There is a need to determine how much parking, both public and private, is appropriate west of the "Wood Ski -over Bridge" crossing Brush Creek Road considering: 1) day -skier and resident /guest parking needs; 2) maintenance of essential parking for the commercial area special events; and 3) reasonable West Village permit parking opportunities for existing residents. The associated vehicle trip generation should be analyzed to determine their impact upon the Town roadway system and establish what necessary parking thresholds should be established. 5. Consider innovative means to provide alternative transportation for the existing and future non resident workforce. 6. Encourage developers to emphasize pedestrian oriented projects and incorporate innovative concepts, not necessarily by limiting parking facilities but by making the alternatives to driving a preferred choice. 7. Explore opportunities to improve public transportation between Snowmass, Aspen and throughout the Roaring Fork Valley to entice our guests and second homeowners to use this service Policy Recommendations: 1. The current Transportation Plan chapter requires the development of options and policies that continue to address its present intent while incorporating the impacts of recent development and foreseeable impacts (such as the redevelopment of West Village). Future study should involve a reevaluation of the Long Range Transit Plan defined in the chapter (include feasibility analysis, mitigating the effects of development, increased transit service requirements, intersection improvements, greater focus on pedestrian and bicycle related policies). i 7 00 -14- Exhibit PC Resolution No. 20, Series of 2007 (Page 15 of 19) 2®®7 State ®f the C®myr°ehenst"Ve Aan Philosophy and Policy 2. Policies relating to Owl Creek and Brush Creek Roads need to Recommendations re- examined in coordination with Pitkin County. (Continued) 3. Parking policies should address both public and private parking demands (both residential and commercial components) as they affect vehicle trips within the community. 4. Policy consideration should be given to requiring detailed. analysis of new development to anticipate and address the transportation impacts, including public transportation demands, of the projected workforce that will be necessary to support any development proposal. 5. The current plan contains a policy to limit the amount of public parking within the village to 2,250 spaces. Policies relating to private parking should also be reconsidered with regard to the impacts associated with and limitations that should be applied to private parking. Housing Philosophy Recommendations: 1. Following a determination of the future workforce housing needs, a reevaluation of the current employee housing mitigation requirements (including the way it is calculated and the acceptable methods by which it is provided) needs to occur and be modified as appropriate to reasonably respond to the potential shortfall or projected future need. 2. Following a determination of the future workforce housing needs, a reevaluation of the current employee housing mitigation requirements (including the way it is calculated and the acceptable methods by which it is provided) needs to occur to consider whether the 115% redevelopment credit is achieving the purpose for which it was intended 3. Cash -in -lieu as a means to mitigate employee housing impacts should be more fully considered to determine how effective it is in truly providing the quantity of housing required of the -15- Exhibit "A" PC Resolution No. 20, Series of 2007 (Page 16 of 19) 2®7 State f the Com rehensive Aan Philosophy and developer and to ensure that the necessary amount can actually Policy Recommendations be constructed at the time the future employee housing can be (Continued) developed. 4. Following a philosophical determination of what should be the appropriate amount of employee accommodations made available within the community, an evaluation of where and how they can be built will be needed. 5. When evaluating future development, consideration must be given to the availability of adequate housing and workforce to sustain the economic viabiity of the community. Policy Recommendations: 1. Alternative policies and incentives that help fulfill the intent of the Housing chapter need to be generated. 2. Policies should be considered to maintain a sustainable community by addressing the need for a broad range of housing available to employers as well as employees, including housing. for seasonal and low- income individuals and families (service workers), single workers, families, white collar professionals and their support staff. 3. Policies should be considered to encourage development to come up with creative answers to address employee workforce shortages that may occur as a result of the inability to create sufficient future housing within the community. A development might use alternative means for providing the workforce needed by their project, such as down valley housing combined with specific transportation or on -site live /work accommodations. 4. Examine the current Town retirement policy relating to restricted housing and consider whether to re -affirm or revise based upon the targeted Comprehensive Plan update policies adopted to accommodate the Town's growing aging population. -16- Exhibit "A" PC Resolution No. 20, Series of 2007 (Page 17 of 19) 2007 State of the Comyrehensive Plan Philosophy and The S trategic Il an of Action Policy Recommendations (Continued) Philosophy Recommendation: Consider restructuring this chapter to be more action and policy development oriented with prioritized goals and timelines for implementation. Policy Recommendation: Policies necessary to realize the "Vision" for Snowmass Village in 2025 as set forth in Chapter One should be established within Chapter Nine. General Recommendations Policy Recommendation: All policies should be unambiguous and precise so as to not fall,victim to subjective interpretation or distortion. Content Recommendations: The recommendations listed below relate to existing statistical and /or factual content of the Plan and recommendations to consider when updating the material: 1. Incorporate a provision that facilitates more easy adoption of reports as appendices to the Plan (this relates to reports that may be developed outside of a process to update the Plan but contain relevant information that should be include in the Plan, such as the Brush Creek Corridor Transportation Study). 2. The comparative charts and statistics should be examined to ensure that appropriate communities are being used for meaningful comparisons. 3. Information presented in graphic form should be redesigned to allow for clear photocopies to be made. 4. Statistical information should be presented in easily read graphs and charts, while minimally using complex and confusing spreadsheets. 5. To aid the understanding of the reader, all statistical information should be accurately referenced (source and date); complex statistical information should be further defined in -17- Exhibit "A" PC Resolution No. 20, Series of 2007 (Page 18 of 19) 2007 State of the Comyrehensive Plan General endnotes that help define the logic and parameters used in Recommendations generating the information. (Continued) 6. All area references should include maps or illustrations. 7. The Comprehensive Plan should be redesigned to facilitate greater ease of electronic publishing for the internet. 8. Each chapter should have a short introduction drafted to help readers frame the information presented. 9. All historical references should be verified and updated to the date of the future Plan revision. 10. All references to `areas" should be checked for consistency and associated maps incorporated in the text as required. 11. Develop accompanying illustrations to help express information. 12. Recent planning initiatives such as the TOSV Marketing and Special Events Strategic Plan should be considered and added to the text as appropriate. Detail The following recommendations relate to the presentation of content and Recommendations the ease of use of the Plan: 1. There are a number of typographical, grammatical, and reference errors within the Comprehensive Plan that should be corrected or updated: inconsistencies of terminology inconsistencies to references of locations or study areas all dates should be updated and verified short forms of technical terms should be clearly defined and all technical terms should be referenced as footnotes /glossary of terms statistical information should be verified /corrected Exhibit "A" PC Resolution No. 20, Series of 2007 (Page 19 of 19) 2®®7 State of the Comprehensive Plan Detail 2. References to frequently changing information over which the Recommendations Town has no control should be removed (for example: Pitkin (Continued) County zone districts). 3. Tables, charts, diagrams and exhibits that are not referenced by or in support of the written content should be removed. dM -19- MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director DATE: December 3, 2007 SUBJECT: CONSTRUCTION UPDATE I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL A. Receive Construction Update, including 1. Construction Coordinator's Weekly Report (attached) 2. Right of Way Impacts (attached) II. DISCUSION ITEMS 1. General Construction Issues 2. Right of Way Impacts III. NEXT STEPS If requested by Council, staff will continue to provide a Construction Update at each Council Meeting. so CONSTRUCTION COORDINATION WEEKLY REPORT 38 Nov 25th through Dec. 1 st Traffic Control I am in contact with A -1 Traffic Control daily. Construction Activity Entryway Brush Creek Road Visitor Center Construction of the abutments for the pedestrian bridge has started. Upon completion of the abutments the new bridge will be set possibly by the second week of December. I did not receive any complaints regarding this site this week. Employee Housing Roaring Fork custom Homes continues their work in the area. I did not receive any complaints regarding this site this week. Entryway Amenities Ongoing work at the Gymnasium this past week. Foundation walls have been formed and should be poured Monday 12/3/07. Town Hall Ongoing construction activity within project limits. I did not receive any complaints regarding this site this week. Base Village Lower Carriage Way and Wood Road: There are no anticipated ROW impacts for this area for the remainder of the year. I did not receive any complaints regarding this area this past week. Brush Creek Upper Pedestrian Bridge Stream Restoration Construction of the abutments for the pedestrian bridge over the rock outfall has started. Once the abutments are complete the new bridge will be set. This bridge could potentially be set by the second week of December. I did not receive any complaints regarding this project this week. Crestwood The work at the Crestwood's is on site and not affecting ROW. I did not receive any complaints regarding this site this week. Woodrun Place I did not receive -any complaints regarding this site. Sinclar Meadows They do plan to shut down operations for the winter. I drive by this site frequently. I did not receive complaints regarding this site this week. Club Commons I did not receive any complaints regarding this area. Residential I received a call from the TOSV Police Dept. regarding construction at a private residence on Maple Ridge Lane. The workers vehicles were parked on the shoulder but there was not room plow trucks to remove snow. Myself and Tim Holliday with the TOSV building dept. went to the site. Tim was very instrumental in getting the vehicles moved and the contractor has stated they will not be parked on the road anymore. W O N Right of Way Impacts November 30th Dec 15th Entryway Construction of the pedestrian bridge abutments has started. The bridge is expected to be installed in early December. Some limited traffic control may be required to allow for delivery and installation of the bridge. Base Village and Brush Creek Bridge Projects Periodic, but minor ROW impacts are expected in this area for ongoing material deliveries throughout the winter. Building Site 13A 13B There are currently about six (6) truckloads of pre -cast panels arriving per day. A second crane will arrive on site next week. Once the second crane has been erected deliveries will increase to about 12 trucks per day. Deliveries will be limited to. r between the hours of 9:30 A.M. and 3:00 P.M. Periodic traffic stops will take place just long enough for the trucks to back into the site when they arrive. Upper Brush Creek Pedestrian Bridge Construction of the pedestrian bridge abutments has started on the south side of Brush Creek, across from Alpine Bank. The bridge is expected to be installed in early December. Traffic control will be in place on Brush Creek Road to accommodate the crane needed to hoist and set the bridge in place. now MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director DATE: December 3, 2007 SUBJECT: SECOND READING OF ORDINANCE NO. 13 SERIES OF 2007 CONSTRUCTION MITIGATION FEE I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL 1. To establish a revenue source to pay for new costs associated with increased resource needs generated as a result of new residential and commercial development and construction activity. 2. Staff recommends denial of Ordinance 13, Series of 2007 and approval of Ordinance No. 23, Series of 2007, which achieves the same financial result. TOWN OF SNOWMASS VILLAGE ORDINANCE NO. 13 SERIES of 2007 ORDINANCE SUMMARY FIRST READING OF AN ORDINANCE IN CONSIDERATION OF A CONSTRUCTION MITIGATION FEE. FIRST READING OF THIS ORDINANCE WAS APPROVED AT THE REGULAR MEETING ON OCTOBER 15, 2007 WITH A MOTION BY COUNCIL MEMBER MORDKIN, THE SECOND OF COUNCIL MEMBER LEWIS, AND UPON A VOTE OF 4 IN FAVOR AND 1 OPPOSED. COUNCIL MEMBER WILKINSON WAS OPPOSED. SECOND READING OF THIS ORDINANCE IS SCHEDULED TO BE HEARD AT THE REGULAR MEETING ON NOVEMBER 5, 2007. A COPY OF THIS ORDINANCE IS AVAILABLE IN FULL TEXT FOR PUBLIC REVIEW AT THE SNOWMASS VILLAGE TOWN CLERK'S DEPARTMENT, 16 KEARNS ROAD, 3 RD FLOOR, SNOWMASS CENTER BUILDING, SNOWMASS VILLAGE, COLORADO. Donna J. Garcia Spaulding, Deputy Town Clerk First Reading Posted and Re- published in the Snowmass Village Sun Newspaper on October 17, 2007 and tabled from the October 1, 2007 Town Council Meeting to the October 15, 2007 Town Council Meeting http: /www.tosv.com clerkCaD-tosv.com TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 13 SERIES OF 2007 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE SNOWMASS VILLAGE MUNICIPAL CODE ESTABLISHING A CONSTRUCTION MITIGATION FEE. WHEREAS, on April 2, 2007, the Town Council accepted a set of impact tolerance thresholds concerning the individual and cumulative impacts of land development and construction activities throughout the Town, and WHEREAS, said tolerance thresholds are defined in the Town's Construction Coordination and Impact Mitigation Plan, as that plan may be amended from time to time, and WHEREAS, the Town Council has found it necessary to establish regulatory tools that improve the Town's ability to effectively control and limit the impacts of construction, and to regulate, monitor, and enforce provisions concerning construction management in order to preserve the health, safety, and welfare of the Town and its citizens, and WHEREAS, in order to achieve the goals and objectives of the Construction Coordination and Impact Mitigation Plan, the Town has engaged the services of a Construction Coordinator and has implemented a Construction Information Initiative, and WHEREAS, in order to further achieve those goals and objectives, the Town intends to procure the necessary environmental monitoring equipment to ensure compliance with established regulatory standards and thresholds, and WHEREAS, Town staff from several Town Departments have been engaged in the establishment and ongoing management of construction coordination and impact mitigation efforts, and WHEREAS, the costs of each of these efforts, resource allocations, and equipment purchases have been, or are expected to be realized and paid by the Town, and WHEREAS, the Town Council has determined that it is appropriate that the new costs generated as a result of new development and construction activity be paid for by the developers and /or contractors responsible for generating said costs, and Ordinance No. 13, Series of 2007 Page 2 WHEREAS, the Town Council hereby finds that the amendments and revisions to the Municipal Code as hereinafter set forth are necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass Village, Colorado, as follows: 1. That Chapter 4 of the Snowmass Village Municipal Code is hereby amended by adding Section 4 -43, which section reads as follows: "Section 4 -43. Allocation of Construction Mitigation Fees: The fees paid and collected under Chapter 18, Section 18- 42(g)1, and by virtue of this subsection, shall be used to pay for costs generated as a result of new development and construction activity. These fees shall be allocated to pay for each new development's equitable and incremental share of the costs of planning, maintenance, management, environmental monitoring, equipment purchases, repair, improvement, renewal, replacement, reconstruction, advertising, and all other items incidental to the operation and implementation of the Town's Construction Coordination and Impact Mitigation Plan. The cost of employing (or contracting with) a Construction Coordinator, and any costs associated therewith shall be paid for with revenue generated by these fees. The implementation of a Town -wide Construction Information Initiative shall also be funded with revenue generated by these fees. Finally, the fees collected may be used to pay for a proportionate share of the costs of accounting, planning, management, administration and general government of the Town." 2. That Chapter 18 of the Snowmass Village Municipal Code is hereby amended by adding Section18- 42(g)1, which section reads as follows: "Section 18- 42(g)1 Construction Mitigation Fees. In addition to the other fees set forth in this section, a Construction Mitigation Fee shall be paid for each permit in accordance with the fee schedule established below, as such schedule shall be reviewed on an annual basis and amended from time to time. s Ordinance No. 13, Series of 2007 Page 3 Construction Mitigation Fee Schedule Type of Project Fee New Construction, Rebuilds /Replacements, $1.00 per and /or Additions greater than square foot 5,500 square feet Renovations and Remodels, and $1,000 per New Construction, Rebuilds /Replacements, $500,000 of and /or Additions of less than 5,500 square feet, valuation with project valuations greater than $3,000,000 The Construction Mitigation Fee shall be due and payable at the time of issuance of a Building Permit. However, in the event that a project is found to be exempt from the Construction Mitigation Fee at the time of permit issuance, but is later found to be subject to the fee during the course of construction, the fee shall be paid prior to issuance of a Certificate of Occupancy or Certificate of Completion. The measurement of floor area for the purpose of this Section shall be the same as measuring floor area for Floor Area Ratio as defined in Chapter 16A of this Code. 3. Severability If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on October 15, 2007 upon a motion by Council Member Mordkin, the second of Council Member Lewis, and upon a vote of 4 in favor and 1 against. Council Member Wilkinson was against. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on Second Reading on 2007 upon a motion by Council Member the second of Council Member and upon a vote of in favor and against. Ordinance No. 13, Series of 2007 Page 4 TOWN OF SNOWMASS VILLAGE Douglas Mercatoris, Mayor ATTEST: Rhonda Coxon, Town Clerk APPROVED AS TO FORM: John Dresser, Town Attorney Mai MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource. Director DATE: November 5, 2007 SUBJECT: FIRST READING OF ORDINANCE NO. 23 SERIES OF 2007 BUILDING PERMIT FEES 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL 1. To amend the Town's Building Valuation Regional Modifier in order to ensure that building department revenues cover the ongoing costs of reviewing, permitting, and managing new construction. 2. Approve the First Reading of Ordinance No. 23, Series of 2007, an Ordinance Amending Chapter 18, Article III, Section 18 -42(h) of the Snowmass Village Municipal Code. II. DISCUSSION Ordinance No. 23, Series of 2007 is presented as an alternative methodology for achieving the goals originally proposed to be achieved under Ordinance No. 13, Series of 2007. As such, Ordinance No. 23 aims to provide a mechanism for generating approximately $260,000 in new revenue per year to cover the Town's unmet costs of implementing the Construction Coordination Impact Mitigation Plan. Rather than establishing a new "Construction Mitigation Fee" (as was proposed under Ordinance No. 13), Ordinance No. 23 would simply increase the adopted regional modifier, which is applied in determining building valuation for permit fee calculation purposes, from 1.5 to 2.5. As discussed in more detail below, the approach proposed under Ordinance No. 23 is expected to generate the additional revenue required. As such, staff is recommending that Council: A. Approve the First Reading of Ordinance No. 23 (Attachment 1), and B. Deny the Second Reading of Ordinance No, 13 (under a separate item on today's Council agenda). Buildinq Permit Fee Calculation Building Permit Fees are calculated pursuant to the Building Permit Fee Schedule described in Snowmass Village Municipal Code Section 18 -42(g) (Attachment 2). Section 18 -42(h) (Attachment 2) provides the methodology by which the Building Official is to set building permit valuation in the event he /she determines that valuation is underestimated on the permit application. In effect Section 18 -42(h) determines the minimum Square Foot Construction Cost that could be applied to establish building valuation. Taking the Building Safety Journal, Building Valuation Data table for February 2007 (Attachment 3) and applying a regional modifier of 1.5 reveals the following minimum Square Foot Construction Costs, as they would apply across a select sampling of project types commonly being built in Snowmass Village: Project Occupancy Group Construction Type Square Foot Construction Cost Single Family Res. R -3 VB $141.09 MF /Condominium R -2 IIA $176.16 Hotel R -1 IIA $212.78 Retail /Commercial B IIA VA $214.04 $163.20 As such, the average minimum Square Foot Construction Cost among these types of projects is approximately $181. 2008 2012 Construction and Building Permit Fee Projections As described in more detail in the attached table of "Projected Permitting and Construction Activity" (Attachment 4), staff estimates the following Building Permit Fee Revenues to be generated, based upon the average minimum Square Foot Construction Cost allowed using the regional modifier of 1.5: Year Total Square Footage to be Estimated Building Permit Permitted Fee Revenues 2008 605,556 $659,280 2009 313,066 $340,860 2010 257,720 $280,560 2011 308,570 $335,940 2012 247,445 $269,400 Annual Average $377,208 Establishing a New Regional Modifier Under the current regional modifier of 1.5 building permit fee revenues could be as low as $377,208. As noted above, staff has identified a need to generate an additional $260,000 per year to cover anticipated, but unfunded Building Department costs. This indicates a need to pop 00 guarantee an additional 69% of the minimum fees generated. Therefore, staff is recommending that the regional modifier of 1.5 be increased by approximately 69% to 2.5. III. CONCLUSION Increasing the regional modifier to 2.5 will bring the average minimum Square Foot Construction Costs (for the project types discussed above) up to $302.42, and will allow the Town to recover new costs being incurred as a result of the day -to -day management and coordination of Town -wide construction activity. Again, staff is recommending First Reading approval.of Ordinance No. 23, Series of 2007. IV. ATTACHMENTS 1. Ordinance No. 23, Series of 2007 2. SVMC Sections 18 -42(g) and 18 -42(h) 3. Building Safety Journal, Building Valuation Data table for February 2007 4. Projected Permitting and Construction Activity Table Attachment 1. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 23 SERIES OF 2007 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE III, SECTION 18 -42(h) OF THE SNOWMASS VILLAGE MUNICIPAL CODE. WHEREAS, on April 2, 2007, the Town .Council accepted a set of thresholds concerning the individual and cumulative impacts of land development and construction activities throughout the Town; which thresholds are defined in the Town's Construction Coordination and Impact Mitigation Plan, as that plan may be amended from time to time, and WHEREAS, on November 5, 2007, the Town Council adopted Ordinance No. 12, Series of 2007, establishing regulatory tools that improve the Town's ability to effectively control and limit the impacts of construction, and to regulate, monitor, and enforce provisions concerning construction management in order to preserve the health, safety, and welfare of the Town and its citizens, and WHEREAS, in order to achieve the goals and objectives of the Construction Coordination and Impact Mitigation Plan, the Town has engaged the services of a Construction Coordinator to work under the direction of the Chief Building Official, and has implemented a Town -wide Construction Information Initiative, and WHEREAS, in order to further achieve those goals and objectives, the Town intends to procure the necessary environmental monitoring equipment to ensure compliance with established regulatory standards and thresholds, and WHEREAS, Town staff from several Town Departments have been engaged in the establishment and. ongoing management of construction coordination and impact mitigation efforts, and WHEREAS, the costs of each of these efforts, resource allocations, and equipment purchases have been, or are expected to be realized and paid by the Town, and WHEREAS, the Town Council has determined that it is appropriate that the new costs generated as a result of new development and construction activity be paid for by the developers and /or contractors responsible for generating said costs, and WHEREAS, the Town Council hereby finds that the amendments and revisions to the Municipal Code as hereinafter set forth are necessary for the public health, safety and welfare. iii� 00 Ordinance No. 23, Series of 2007 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass Village, Colorado, as follows: 1. That Chapter 18, Article 11, Section 18 -420 of the Snowmass Village Municipal Code is hereby amended to reads as follows: a. Section 108.3.1, Fees, is added, to read as follows: "108.3.1 Underestimated Valuation. If, in the opinion of the Building Official, the valuation is underestimated on the application, the building valuation shall be determined by using the current edition of Building Safety Journal, Building Valuation Data, published periodically by the International Code Council. The regional modifier for the Town shall be 2.5." 3. Severability If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity .shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on December 3, 2007 upon a motion by. Council Member the second of Council Member and upon a vote of in favor and against. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on Second Reading on 2007 upon a motion by Council Member the second of Council Member and upon a vote of in favor and against. TOWN OF SNOWMASS VILLAGE Douglas Mercatoris, Mayor ATTEST: Rhonda Coxon, Town Clerk Ordinance No. 23, Series of 2007 Page 3 APPROVED AS TO FORM: John Dresser, Town Attorney -37 Attachment 2. Building Regulations Section 18-42 "3. The Building Official or other BUILDING PERMIT FEES cont'd authorized Town Official may issue a stop work order or refuse 'to perform Building Fee required inspections until debris is Valuation cleaned up and adequate provisions are Greater than $6,000.00 for the first in place for the control of construction $1,000,000.00 $1,000,000.00 plus $6.00 for materials and debris." each additional $1,000.00 or fraction thereof (g) Section 108.2.1, Town of Snowmass Village Building Permit Fee Schedule, is added, Other Inspections and Fees to read as follows: 1. Inspections outside normal $50.00 /hr business hours (minimum two BUILDING PERMIT FE .4 hours) 2. Reinspection fees $5.0.00 Building Fee 3. Inspections for which no fee is $50.00 /hr Valuation specifically indicated $500.00 or less $26.00 4. Additional plan review required $50.00 /hr Greater than $25.00 for the first $500.00 by changes, additions or other $500.00 to plus $4.00 for each additional revisions to plans $2,000.00 $100.00 or fraction thereof, to 5. For use of outside consultants Actual and including $2,000.00 for plan review and inspection costs Greater than $76.00 for the first $2,000.00 or both $2,000.00 to plus $15.00 for each 6. Copies of previously issued $10.00 $25,000.00 additional $1,000.00 or Certificate of Occupancy fraction thereof, to and 7. Letter of code compliance $25.00" including $25,000.00 Greater than $430.00 for the first $25,000.00 to $25,000.00 plus $11.00 for (h) Section 108.3.1, Fees, is added, to read $50,000.00 each additional $1,000.00 or fraction thereof, to and as follows: including $50,000.00 108.3.1 Underestimated Valuation. If, Greater than $708.00 for the first $50,000.00 to $50,000.00 plus $8.00 for in the opinion of the Building Official, the $100,000.00 each additional $1,000.00 or valuation is underestimated on the applica- fraction thereof, to and tion, the building valuation shall be deter- including $100,000.00 mined by using the current edition of Build- Greater than $1,094.00 for the first ing Safety Journal, Building Valuation Data, $100,000.00 to $100,000.00 plus $6.00 for published periodically by the International $500,000.00 each additional $1,000.00 or Code Council. The regional modifier for the fraction thereof, to and Town shall be 1.5." including $500,000.00 Greater than $3,600.00 for the first (i) Section 108.5.1, Completion Deposit, is $500,000.00 to $500,000.00 plus $5.00 for added, to read as follows: $1,000,000.00 each additional $1,000.00 or fraction thereof, to and "108.5.1 Completion Deposit. In addi- including $1,000,000.00 tion to the building permit and plan review fees, a completion deposit shall be charged as follows: Supp. 13 '•i' 18 -8 Attachment 3. Building al atio to Square Foot Construction Costs table does not reflect accurate (1 year) is the sum of each building's value (Gross Area x values for that purpose. However, the Square Foot Construc- Square Foot Construction Cost) for that time period (e.g., 1 tion Costs table can be used to determine the cost of an addi- year). tion that is basically a stand -alone building which happens to The Square Foot Construction Cost does not include the price be attached to an existing building. In the case of such addi- of the land on which the building is built. The Square Foot Con tions, the only alterations to the existing building would involve struction Cost takes into account everything from site and foun- the attachment of the addition to the existing building and the dation work to the roof structure and coverings but does not openings between the addition and the existing building. include the price of the land. The cost of the land does not For purposes of establishing the Permit Fee Multiplier, the es- affect the cost of related code enforcement activities and is not timated total annual construction value for a given time period included in the Square Foot Construction Cost. Square Foot Construction Costs,, b, d Group (2006 International Building Code) Type of Construction IA IB IIA IIB IIIA IIIB IV VA VB A -1 Assembly, theaters, with stage 190.99 184.82 180.21 172.74 160.21 159.43 167.13 148.15 142.63 Assembly, theaters, without stage 176.23 170.05 165.44 157.97 145.44 144.66 152.37 133.39 127.86 A -2 Assembly, nightclubs 147.10 142.97 139.34 133.91 124.28 124.03 129.21 114.30 110.46 A -2 Assembly, restaurants, bars, banquet halls 146.10 141.97 137.34 132.91 122.28 123.03 128.21 112.30 109.46 A -3 Assembly, churches 176.78 170.61 165.99 158.53 145.96 145.18 152.92 133.90 128.38 A -3 Assembly, general, community halls, 150.51 144.34 138.73 132.26 118.68 118.90 126.65 106.63 10210 libraries museums A -4 Assembly, arenas 175.23 169.05 163.44 156.97 143.44 143.66 151.37 131.39 126.86' B Business 152.75 147.34 142.69 136.02 121.77 120.96 130.77 108.80 104.41 E Educational 162.06 156.56 152.07 145.29 134.07 130.89 140.53 119.73 11517 F -1 Factory and industrial, moderate hazard 90.96 86.79 82.13 79.44 68.74 69.66 76.24 58.56 55.46 F -2 Factory and industrial, low hazard 89.96 85.79 82.13 78.44 68.74 68.66 75.24 58.56 54.46 H -1 High Hazard, explosives 85.25 81.08 77.42 73.73 64.21 64.13 70.53 54.03 N.P. H234 High Hazard 85.25 81.08 77.42 73.73 64.21 64.13 70.53 54.03 49.93 H -5 HPM 152.75 147.34 142.69 136.02 121.77 120.96 130.77 108.80 104.41 1 -1 Institutional, supervised environment 150.33 145.20 141.34 135.63 124.49 124.44 134.70 114.51 109.96 1 -2 Institutional, hospitals 253.93 248.52 243.87 237.20 222.34 N. P. 231.95 209.39 N P 1 -2 Institutional, nursing homes 177.55 172.14 167.49 160.82 147.00 N. P. 155.58 134.05 N P 1 -3 Institutional, restrained 173.39 167.98 163.32 156.66 143.67 141.88 151.41 130.72 124M 1 -4 Institutional, day care facilities 150.33 145.20 141.34 135.63 124.49 124.44 134.70 114.51 109.96 M Mercantile 109.31 105.19 100.56 96.13 86.08 86.83 91.43 76.10 73.26 R -1 Residential, hotels 150.84 145.71 141.85 136.14 125.10 125.05 135.31 115.12 110.57 R -2 Residential, multiple family 126.43 121.30 117.44 111.73 100.81 100.77 111.02 90.83 86.28 R -3 Residential, one- and two family 119.76 116.47 113.63 110.52 105.39 105.13 108.64 99.79 94.06 R -4 Residential, care /assisted living facilities 150.33 145.20 141.34 135.63 124.49 124.44 134.70 114.51 109.96 S -1 Storage, moderate hazard 84.25 80.08 75.42 72.73 62.21 63.13 69.53 52.03 48.93 S -2 Storage, low hazard 83.25 79.08 75.42 71.73 6221 62.13 68.53 52.03 47.93 U Utility, miscellaneous 64.30 60.80 57.19 54.31 47.22 47.22 50.70 38.76 36.91 a. Private Garages use Utility, miscellaneous b. Unfinished basements (all use group) $15.00 per sq. ft. c. For shell only buildings deduct 20 percent. d. N.P. =not permitted 54 Building Safety Journal February 2007 Attachment 4. M oo O O LL O V C ffi C n O O N lip ID E A N t Oe d- E> F l o N 30 rx (nmin3 0000; ptnoof5�:. ti o o�on y i fn u0-1 r 0 N a E C m d N Co C Co E N O N 3 00000 a� O O O O O O (O Co t o p 0 LL O N O O O N O to fA N to O O 1n of W f� (A c7 O O^ n M N M N ffl di V3 Q) Efl r� EA y F I xt m g. 0 NI G =m p! 0 0 E 0) Co «s w Co LL 14 (nmmfn�r Cli er 00 tD fn to tom r N n q�! lc f K W m C C to dL Co CL E_ frTm� NN m m m m= m m sss a, LL E =EE-� N N m c 3 3 Q Q C EC 0 0 N Co R tC C C CS (n F m m Co LL fn fn f':? tnro(0 tomfn U fris `c 6 Z 06 C6 m y m” N f, N 0) O O O g LL. o W to N O 0 0 0 C O to fA too N a Co A S' Coll t D1 <M 3 b�' !(fm W m o r N l- O O 1 O T O r a0 r Co C 'CO N N N N N Q 7 V a E Co m a Co m m E c Fd m c LL Y m N U 'N fitto; 4 m to m Co w N am G., inm mmmmmmo inr' f MEMORANDUM TO: Snowmass Village Town Council FROM: David Peckler Transportation Director DATE: November 29, 2007 SUBJECT: Resolution #30 Series of 2007 EOTC 2008 Sales and Use Tax Budget I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff requests Council's approval of Resolution 30, Series of 2007 to appropriate funds for the projects in the 2008 Elected Officials Transportation Committee (EOTC) budget for the Pitkin County Cent Sales and Use Tax. II. BACKGROUND NEED FOR COMP PLAN UPDATE Attached is the EOTC budget for 2008. The major projects included in the budget are: 1. Transportation associated with X -Games for $50,000; and 2. Completion of the Brush Creek parking expansion, a carryover of $772,198; and 3. Snowmass Village transit improvements, a carryover of $300,000; and 4. RFTA contribution of $3,516,326; and 5. Construction of bus lanes along the Highway 82 corridor from Buttermilk to the Roundabout, a carryover of $8,000,000 The budget items were discussed and approved at the EOTC meetings on November 15, 2007. Total Revenues are projected to be $5,391,000, and expenditures are projected to be $3,707,362. The Annual Surplus would be $1,683,638, and the Cumulative Surplus would be $6,800,160. III. APPLICABLE REGULATIONS The approval by all three jurisdictions that comprise the EOTC is necessary for appropriation of the Pitkin County'/ Cent Sales and Use Tax. IV. DISCUSION ITEMS NEXT STEPS NA V. NEXT STEPS MAJOR MILESTONES NA VI. ACTION REQUESTED OF COUNCIL Approve the Resolution. i TOWN OF SNOWMASS VILLAGE RESOLUTION NO. 30 SERIES OF 2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, APPROVING THE 2008 EOTC BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAX WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the Pitkin County Board of County Commissioners (the "Parties have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan which are eligible for funding from the Pitkin County one -half cent transit sales and use tax; and WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties agreed: a. To conduct regular public meetings to continue to refine and agree upon proposed projects and transportation elements consistent with or complimentary to the Plan; and b. That all expenditures and projects to be funded from the County -wide one -half cent transit sales and use tax shall be agreed upon by the Parties and evidenced by a resolution adopted by the governing body of each party; and WHEREAS, at a public meeting held on November 15, 2007, the Aspen City Council. Pitkin County Board and Snowmass Village Council considered and approved the attached budget for the year 2008 for the Pitkin County one -half cent transit sales and use tax; and WHEREAS the Town of Snowmass Village Council desires to approve the 2008 budget for the use of the Pitkin County one -half cent sales and use tax by adoption of this resolution: NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, That the attached initial Pitkin County one -half cent transit sales and use tax budget for the year 2008 is hereby approved as summarized below: Total Revenues (Sources) $5,391,000 Total Expenditures (Uses) $3,707,362 READ, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 3rd of December, 2007 upon a motion made by Council Member the second of Council Member and upon a vote of in favor and opposed. TOWN OF SNOWMASS VILLAGE Douglas Mercatoris, Mayor APPROVED AS TO FORM John Dresser, Town Attorney ATTEST: Rhonda Coxan, Town Clerk ovq3 X S2 O M O r 000 no O. Cl) M ti 00 o 0 0 0 n I� r T N n c m 000 O O O LO N (0 O) O N O O ti M O cli to OM aN0 C O N is m O V O V' M 6) OD O O M U CL N.. LO (O ct d' 00 N O .wti r -0 W OD O cu p) O O O O O ''1- 00 CO O p O N O O O O V O O d' a U C V M n V Ss (fl N a0 V O r N L) S O N M O (0 Ln 'V' N CO O n O LO a) s m CL (V O (O IT 6) 0') 6) O 00 O O O N (n N C r CO N o 16 (D a) a) O) O a) u, v CL U O O O O O 00 O O O 00 (O O N c 10 .5 N O O M 00oo V OO) LO Ln (3) C O- L O M ;M n N O r O V) r O N c N m e m r N Cr Ln LO N Ln N O N co O O 'Q a) (D a CD n (o n n 00 ti O 0) U U m a a w a) a) C, O c O 0 cm x O O O O 0 0 O O O e- O m L(D N c O m M O O O O Cl) O O O O n 00 d' O O Q .N a O O O O O O M O O O co O O N 3 co C'4 N O C 01 (fl n O r.. 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(m0 m C N w U U cn .N O;B m w0 N C c o LL c (n a) c a) H 00 o c Cl) X m 0) c y-+ E o u cu 0) Q Q V N m m U C5 o N a .a) o O a) m E a) c a) (n E R a) i j N c0 Q in m C C LL m C N M >O .D Q w N Y o c c o o c o Q (o c (a I_ uJ E. m om 3 0 0 o o Q a) LL a) o aa m m o m U x w> O o a m o w x E v) .N c c a) Q 2 1 M Q m w L) Q C -0 a) N a a c o Q c m a) p w c o D- o m N c m rn a a) umi ur w a o LL W c a m a rn m E o m o L EA a o C E m c w° c E u) c n E o) a m o y ,c o N E o f D o m o o o a) o n a) m .N w 'n a°1i N ca 0 W n m Q `o n m U c c c fl. i? c m m 7 a) m N zn m m w .N L o O t N .O cu m a Y L Y O a) w O E O U) f U) Q E O C (a a) N a) N CL cn V c c U lu O a` N N N to c o V Y O m 3 Y Q E U E m o rn 'L 0 0 0 0 0 Q m p m c o m a) o. Q c a M m a) y r o LL U U E x o o U U E p E a) L? a E CO c Z) m(D a) v r Na �C U E U m U U) (n N N E c c C O c c (n p a) (n m N N 3 Q z N E m Q m Z x- m m o) ao m° M m N o E a: 011, vmi o U' c c c 1- m N N m LL w Q U ri m c: o U o) cc E m W .'CL� �dmxmm(nw z0QCm mWL U U m a) a E Nix `m c 3M a) o Q m `m o. r N 60 r N M V (A O eD CA O N M V U) co n 00 p O O O r r F- W W m r r r' O V O H O O O N 0) N_ ilq' r MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: December 3, 2007 SUBJECT: ADMINISTRATIVE PUD AMENDMENT SINCLAIR MEADOWS ACTION REQUESTED OF COUNCIL: Direction to Planning Director Planner: Chris Conrad, Planning Director 1- PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Purpose: Richard Marcus "Applicant), with the consent of C. Snowco LLC (the "Owner'), being the current owner of Lots 1 -17, Sinclair Meadows PUD (the "Property'), submitted an Administrative Modification application on November 26, 2007 requesting approval to favorably interpret or amend Condition No. 1 of Ordinance No. 25, Series of 2004 "'Condition 1 pursuant to Section 16A -5- 250(9) of the Snowmass Village Municipal Code "Municipal Code Please refer to Exhibit "A" of the enclosed Record of Decision for a more detailed explanation of his request. Condition 1 of Ordinance No. 25 states: Condition Precedent to Development of Project. Notwithstanding the foregoing, Lots 1 -17 may not be sold to a third party purchaser until the restricted employee housing units on Lot 18 have been issued a building permit and are under substantial construction. Lots 1 -17 were platted as single family residential lots within the Sinclair Meadows PUD. All 17 lots were conveyed to the Owner by Brush Creek Land Company, LLC on June 27, 2006. The Applicant believes that the Town's acceptance of the Real Property Transfer Tax for the conveyance evidences its concurrence that the bulk transfer of the Property in 2006 was not prohibited by the terms of Condition 1. The Applicant is requesting that the Planning Director interpret that to permit another bulk transfer would not violate the terms of Condition 1. In lieu of a favorable interpretation, he asks that the condition be modified to clarify whether the term "third party purchaser' was intended to apply to any conveyance of the Property, regardless of whether it is a bulk transfer or the selling of single lots to individuals. The current amendment language being considered states: Condition Precedent to Development of Project. Notwithstanding the foregoing, Lots 1 -17 may not be sold individually or in any combination of less than all 17 lots to third party purchasers until the restricted employee housing units on Lot 18 have been issued a building permit and are under substantial construction. goo Action Requested: The 2006 conveyance of Lots 1 -17 as been a topic of discussion at past Town Council meeting and staff felt that it would be appropriate to bring this application to the attention of Town Council for direction prior to the Planning Director finalizing his decision. Attachment 1: June 27, 2006 Special Warranty Deed for Lots 1 -17 2: Real Estate Transfer Tax Certificate for June 27, 2006 land sale 3: DRAFT Administrative Modification Record of Decision No. 2 Sinclair Meadows ATTACHMENT 1 After recording return to: Special Warranty Deed Holland Hart LLP 604 East Main Street Aspen, Colorado 81611 Attention: Thomas J. Todd, Esq. SPECIAL WARRANTY DEED BRUSH CREEK LAND COMPANY, LLC, a Colorado limited liability company, whose address is P.O. Box 1248, Aspen, Colorado .81612, of the County of Pitkin, State of Colorado, grantor, for the consideration of Ten and 00 /100ths Dollars ($10,00) and other good and valuable consideration, in hand paid, hereby sells and conveys to C. SNOWCO LLC, a Delaware limited liability company, whose address is c/o Denhohn Development Companies, 450 Newport Ctr. Dr., #370, Newport Beach, California 92660, of the County of Orange, State of California, grantee, the following real property situated in the County of Pitkin, .State of Colorado, to wit: SINCLAIR MEADOWS, according to the Final Plat recorded December 6, 2005, in Plat Book 76 at Page 59 as Reception No. 518097, EXCEPTING therefrom Lot 18, SINCLAIR MEADOWS, according to the Final Plat recorded December 6, 2005, in Plat Book 76 at Page 59 as Reception No. 518097, with all its appurtenances and warrants the title against all persons claiming under grantor subject to those matters set forth on Exhibit A attached hereto and incorporated herein by this reference. Signature on, following page I q" 5 25 '7y2. TRRNSFER DECLWT1 RECEIVED 961 52571 2 Page: I of 4 Illy! 11111 f ill 111111 IIH Illl JRNICE 06,2 K VOS CRUDILL PITKIN COUNTY CO 7/2006 11.06E R 21.00 0 3358.00 1273878v1/108138 -124 i Signed this i day of June, 2006. BRUSH CREEK LAND COMPANY, I.LC, a Colorado limited liability company By: Bell Mountain Partners Limited Partnership, an Illinois limited partnership, Manager By: Bell Highlands orporation, an Illinois r on, G eral er By: ames S. Cr Vice President STATE OF ILLINOIS ss: COUNTY OF COOK The foregoing instrument was acknowledged before me this day of June, 2006, by James S. Crown as Vice President "of Bell Highlands Corporation, an Illinois corporation, General Partner of Bell Mountain Partners Limited Partnership, an Illinois limited partnership, Manager of BRUSH CREEK LAND COMPANY, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: o7 otary Public GFEIGAL SEAL 4 BEVEm Y A. WITH S NOTARY PUBLIC -STATE OF ILLINOIS S MY COMMISS =CdY EXPIRES: 10/17/07 4 525712 r Page: 2 �r� 9 of f� 4 JJI�I I111 111 II X11 111 Ilf Ili J �I RN �I ICE K f 0 6 V I OS CRUDILL PITKIN COUNTY CO X27/2 1 R 22.00 D 1350.00 1273878v1/108138 -120 2 NIIII II 525712 Page; 3 o Illlllllli f 4 6 ,200 illllll it 11111 I II Illlllllii IIIII I 6 JRNICE K VOS CgUDILt PITKIN COUNTY CO 100 R 21.00 b 1350.00 EIIBIT A Exceptions to Title 1. General real property taxes and assessments for calendar year 2006, alien not yet due and. payable, and subsequent years. 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded September 21, 1892 in Book 55 at Page 30 and May 6, 1895, in Book 55 at Page 480. 3. Right of way for ditches or canals constructed by the authority of the United States as reserved in United State Patent recorded April 25, 1929 in Book 162 at Page 159. 4. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded April 22, 1971 in Book 254 at Page 837. 5.. Terms, conditions, provisions and obligations as set forth in instrument recorded August 29, 1975 in Book 302 at Page 232. 6. Easement and right of way as granted to The Mountain States Telephone and Telegraph Company in instrument recorded April 15, 1978 in Book 346 at Page 745. 7. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded August 19, 1981 in Book 412 at Page 733. 8. Easement Agreement between Snowmass Corporation and The Town of Snowmass Village recorded April 8, 1988, in Book 560 at Page 812. 9. Public Land Dedication Agreement between The Town of Snowmass Village and the Federal Deposit Insurance Corporation recorded July 1, 1988, in Book 567 at Page 862. 10. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded April 19, 1989 in Book 590 at Page 356. 11. Agreement between Aspen Skiing Company, a Colorado general partnership and Snowmass Land Company, an Illinois general partnership recorded June 1, 1989, in Book 593 at Page 916. 12. Easement and right of way for public roadway and pedestrian trail purposes as set forth in instrument recorded September 14, 1989 in Book 601 at Page 743. 13. Terms, conditions, provisions and obligations as set forth in Supplement to Agreement recorded August 15, 1990 in Book 627 at Page 450. 1273878x1/108138 -120 A -1 00 525712 Page; 4 of 4 �I 1 06127/2006 JANICE K VOS CAUDILL PITKIN COUNTY CO 11.06E R 21.00 d 1350.00 14. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded May 28, 1991 in Book 646 at Page 992. 15. Agreement for Vacation of Easement and grant of New Easements for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded April 5, 1994 in Book 746 at Page 478. 16. Terms, conditions, provisions and obligations as set forth in Release and Assignment recorded December 29, 1999 as Reception No. 439042. 17. Terms, conditions, provisions and obligations as set forth in Assignment of Declarant's Rights recorded December 29, 1999 as Reception No. 439043. 18. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded December 29, 1999 as. Reception No. 439046. 19. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded November 5, 2004 as Reception No. 503880. 20.. Terms, conditions, provisions and obligations as set forth in Grant of Easement and Development Agreement recorded December 6, 2005 as Reception No. 518096. 21. Terms, conditions, provisions and obligations as set forth in Restricted Housing Agreement recorded December 6, 2005 as Reception No. 518098. 22. Terms, conditions provisions and obligations as set forth in Subdivision Improvements Agreement recorded December 6, 2005 as Reception No.. 518099. 23. Terms, conditions, provisions and obligations as set forth in Development Agreement recorded December 6, 2005 as Reception No. 518100. 24. Terms, conditions, provisions and obligations as set forth in Base Village Restricted Housing Agreement recorded. February 2, 2006 as Reception No. 520494. 25. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 6, 2005 in Plat Book 76 at Page 59 as Reception No. 518097. 12 73878v1/108138 -120 A -2 -5b ATTACHMENT 2 Real Estate Transfer Tax Certificate TOWN OF SNOWMASS VILLAGE, COLORADO P.O. BOX 5014 RECTI JUL 1 0 2006 SNOWMASS VILLAGE, COLORADO 81615 SNOWMASS VILLAGE REAL PROPERTY TRANSFER TAX CERTIFICATE OF TAX PAID This form must be accompanied by a. copy of the deed or transfer document. DATE OF SALE SELLERS NAME: BRUSH CREEK LAND COMPANY LLC A COLORADO LIMITED LIABILITY COMPANY SELLERS ADDRESS: P.O. Box 1248, Aspen, Co. 81 BUYER'S NAME: C. SNOWCO LLC A DELAWARE LIMITED LIABILITY COMPANY BUYER'S ADDRESS: Denholm Development Companies, 450 Newport Ctr. Dr. #370, Newport Beach, Ca. 92660. DESCRIPTION OF PROPERTY (SAME AS DEED) SINCLAIR MEADOWS, according to the Final Plat reco No. 518097. rded December 6, 2005 in Plat Book 76 at Page 59 as Reception EXCEPTING therefrom Lot 18, SINCLAIR MEADOWS, according to the Final Plat recorded December 6, 2005 in Plat Book 76 at Page 59 as Reception No. 518097.. ACTUAL SELLING PRICE: 13,500,000.00 MULTIPLY BY 1 0 4. TO COMPUTE TAX AMOUNT OF TRANSFER TAX OWED TO THE TOWN OF SNOWMASS VILLAGE $135,000.00 I here rtify thisaday o 2006,..that the buyer of the above described property has paid the Real Es a nsfer Tax required by rdi a No. 5 Series of 1986). :P.T.T. Administrator INSTRUCTIONS: One original and one duplicate of this form must be completed by the buyer or a representative and presented to the Town Manager of Snowmass Village together with a copy of the Deed of other transfer document and a check for the amount of the transfer tax. jt 527653 Il 111 111111 Pa lilt e I 1111111111111111 11111 g 0 f 1 IC E K VOS AUDI ,.9 0 LL P77KIN COUNTY CO $/18 03:37p R 6.88 D 9.80 Retum to: C.Snowco LLC %Denholm Development Co. 450 Newport Ctr. Dr. #378 sS' Newport Beach, Ca. 92660 ATTACHMENT 3 Record of Decision 17Y 7n ol 11- Ar S A Q NOWMflos 1 Plarmin Department Ii 2 DRAFT DRAFT 3 Record of Decision 4 Administrative Modification #2 5 Sinclair Meadows project 6 7 WHEREAS, Richard Marcus "Applicant), with the consent of C. Snowco LLC 8 (the "Owner being the current owner of Lots 1 -17, Sinclair Meadows PUD (the 9 "Property"), submitted an Administrative Modification application on November 26, 10 2007 requesting approval to amend Condition No. 1 of Ordinance No. 25, Series of 11 2004 "'Condition 1"), pursuant to Section 16A -5- 250(9) of the Snowmass Village 12 Municipal Code "Municipal Code as further described in Exhibit "A" attached hereto 13 and incorporated herein by reference; and 14 15 WHEREAS, the Property was conveyed to the Owner by Brush Creek Land 16 Company, LLC on June 27, 2006; and 17 18 WHEREAS, the Applicant believes that the Town's acceptance of the Real 19 Property Transfer Tax for the conveyance evidences its concurrence that the bulk 20 transfer of the Property in 2006 was not prohibited by the terms of Condition 1; and 21 22 WHEREAS, Condition 1 states: "Condition Precedent to Development of 23 Project. Notwithstanding the foregoing, Lots 1 -17 may not be sold to a third party 24 purchaser until the restricted employee housing units on Lot 18 have been issued a 25 building permit and are under substantial construction. and 26 27 WHEREAS, the Applicant is now requesting that either the Planning Director 28 interpret that to permit another bulk transfer would not violate the terms of Condition 1 29 or that said condition be modified to clarify whether the term "third party purchaser" 30 was intended to apply to any conveyance of the Property, regardless of whether it is a 31 bulk transfer or the selling of single lots to individuals; and 32 33 WHEREAS, Section 16A -5- 250(9) of the Municipal Code authorizes the 34 Planning Director to grant certain administrative amendments to an approved PUD; and 35 36 WHEREAS, an administrative modification is a staff -level review procedure that 37 allows minor changes to be made to certain dimensional limitations or other design 38 features in order to address technical constraints or unanticipated circumstances that 39 arise prior to or during final design and actual construction; and 40 41 WHEREAS, the Planning Director discussed the Applicant's proposal with the 42 Town Council during their December 3, 2007 in order to gain a better understanding of i Nf Admin. Mod. #2 Sinclair Meadows Page 2 of 4 43 the Town Council's original intent and purpose for applying Condition 1 as part of the 44 Sinclair Meadows PUD 2004 approval. 45 46 Section One Findings. After evaluation of the Applicant's proposal, the Planning 47 Director has found: 48 49 1. The provisions set forth within Condition .1 of Ordinance No. 25, Series of 50 2004, "Ordinance 25 are also found as General Development Parameter 6 51 within the Sinclair Meadows Final Planned Unit Development Guide ("PUD 52 Guide being Exhibit "B" of Ordinance 25. Therefore, both Condition 1 and 53 the PUD Guide would need to be amended. 54 55 2. A review of available historic records would indicate that the primary objective 56 for applying Condition 1 was to ensure that development of the Restricted 57 Employee Housing multi family would take precedence over the single family 58 lots within Sinclair Meadows. For this reason, the Property was not to be 59 conveyed until a building permit had been obtained for the Employee Housing 60 and it was under "substantial construction 61 62 3. It is the Planning Director's opinion that the conveyance of the Property to the 63 Owner by Brush Creek Land Company, LLC on June 27, 2006 was contrary 64 to the literal terms of Condition 1 as it involved Lots 1 -17 being "sold" by the 65 developer /landowner to a "third party purchaser". Therefore, the Applicant's 66 request for a favorable interpretation that the 2006 bulk sale did not violate 67 Ordinance 25 should be denied. 68 69 4. Consideration of an amendment to modify Condition 1 to permit another bulk 70 sale of the Property from the Owner to the Applicant requires finding that: 71 72 a. The proposed modification shall be the result of circumstances that could not 73 have been reasonably anticipated by the applicant prior to or during the 74 original approval process; and 75 b. Any adverse impacts on surrounding properties from the proposed 76 modification shall be insubstantial. 77 5. The application does not provide specific language with which to modify 78 Condition 1 of Ordinance 25 and General Development Parameter 6 within the 79 PUD Guide. The following language is believed to be sufficient to enable the 80 conveyance of the Property to the Applicant while excluding the possibility that 81 the selling of single lots to individuals could occur: 82 Condition Precedent to Development of Project. Notwithstanding the 83 foregoing, Lots 1 -17 may not be sold individually, or in any 84 combination of less than all. 17 lots, to third party purchasers until the 85 restricted employee housing units on Lot 18 have been issued a 86 building permit and are under substantial construction. 87 6. The proposed modification could be considered as the result of circumstances 88 that occurred in 2006 with the bulk transfer of the Property. Evidently, the �3 Admin. Mod. #2 Sinclair Meadows Page 3 of 4 89 intent of Condition 1 was interpreted then to be directed towards limiting the 90 selling of single lots to third party individuals rather than to pertain to a bulk 91 sale of the entire subdivision, excluding the Employee Housing parcel, to one 92 new owner /developer. 93 94 7. The fact remains that the Property is currently held by other than the original 95 developer and the proposed bulk sale of the Property to the Applicant could 96 be considered insubstantial and it alone will not have an adverse impact on 97 the Town or surrounding properties provided there will be a clear assignment 98 and acceptance of the applicable responsibilities and obligations required of 99 the original developer to the new owner. All terms and conditions of 100 Ordinance 25 and the associated agreements made part of the Sinclair 101 Meadows PUD approval must still be satisfied. 102 103 Section Two Decision A. The request for an interpretation that the 2006 sale of Lots 104 1 -17 did not violate the terms of Ordinance 25 is denied. 105 106 Section Three Decision B. The modification of Condition 1 of Ordinance 25 and 107 General Development Parameter 6 within the PUD Guide is hereby granted on this 108 day of December 2007, as directed by Town Council and approved by the 109 Planning Director to read as follows: 110 111 Condition Precedent to Development of Project. Notwithstanding the 112 foregoing, Lots 1 -17 may not be sold individually or in any combination of 113 less than all 17 lots to third party purchasers until the restricted employee 114 housing units on Lot 18 have been issued a building permit and are under 115 substantial construction. 116 Section Four Conditions of Approval. The approval granted in Section Three above 117 shall be subject to the following conditions: 118 119 1. Notwithstanding satisfaction of the terms and conditions of Condition 1, as 120 amended by this Record of Decision, no future conveyances of Lots 1 -17 may 121 occur until documentation has been provided to the Town satisfactorily 122 demonstrating that there will be a clear assignment and acceptance of the 123 applicable responsibilities and obligations required of the original developer to 124 the new owner. 125 126 2. All other applicable terms and conditions of Ordinance 25 and the associated 127 agreements made part of the Sinclair Meadows PUD approval must still be 128 satisfied. 129 130 3. This Record of Decision is based on the application for Administrative 131 Modification, and the supporting documents thereto, submitted by the 132 applicant to the Town of Snowmass Village Planning Director as of the date of 133 this Decision, including the plans and supporting documents of the Sinclair 134 Meadows application that was approved by the Town Council of Snowmass 135 Village by Ordinance 25. This Record of Decision pertains only to the subject 136 matter contained in it and supersedes all prior and contemporaneous G4 Admin. Mod. #2 Sinclair Meadows Page 4 of 4 137 approvals, representations, and understandings of the parties. No 138 supplement, modification, or amendment of this Decision shall be binding 139 unless executed by the Planning Director. No waiver of any of the provisions 140 of this Decision shall be deemed, or shall constitute, a waiver of any other 141 provision, whether or not similar, nor shall any waiver constitute a continuing 142 waiver. No waiver shall be binding unless executed by the Planning Director. 143 144 4. This Record of Decision shall be recorded, at Applicant's expense, with the 145 Pitkin County Clerk and, Recorder. 146 147 148 149 150 Chris C. Conrad, Planning Director Exhibit "A" Record of Decision #2 Sinclair Meadows (Page 1 of 5) APPLICATION FOR ADMINISTRATIVE MODIFICATION TO THE TOWN OF SNOWMASS VILLAGE, COLORADO The Applicant Richard Marcus, with the consent of the Property Owner C. Snowco LLC, respectfully requests approval of an administrative modification of Ordinance No. 25, Series of 2004. The Applicant requests that the Town acknowledge that a bulk sale of Lots 1 through 17 of Sinclair Meadows PUD is a permitted conveyance under the PUD approvals. Alternatively, the Applicant requests that Ordinance No. 25, Series of 2004, be amended to allow for the bulk sale of Lots 1 through 17, subject to all of the other terms and conditions of Ordinance No. 25 including the Administrative Modification 41, as referenced in the draft Record of Decision reflecting the approvals granted by Town Council at its meetings on September 4 and 17, 2007. The Sinclair Meadows project was approved pursuant to Ordinance No. 25, Series of 2004, a copy of which is appended hereto, on October 20, 2004. Condition No. 1, Section 3 of the Ordinance states: Notwithstanding the foregoing, Lots 1 through 17 may not be sold to a third party purchaser until the restricted employee housing units on Lot 18 have been issued a. building permit and are under substantial construction. On June 27, 2006, all of Sinclair Meadows with the exception of Lot 18 was conveyed by Brush Creek Land Company, LLC to C. Snowco LLC via Special Warranty Deed for consideration of $1,350,000.00. A copy of the Special Warranty Deed is appended hereto. On July 17, 2006, the Town of Snowmass Village accepted the Snowmass Village Property Transfer Tax from the purchaser and issued its Certificate of Tax Paid, reflecting the Town's receipt of $135,000.00. A copy of the Certificate of Tax Paid is appended hereto. C. Snowco LLC is the current owner of Lots 1 through 17, Sinclair Meadows. As reflected in the letter appended hereto dated November 21, 2007 to the Planning Department from the Property Owner's counsel Thomas J. Todd of Holland Hart, C. Snowco LLC supports and joins in with this Application. That letter recites the extensive site work that has been undertaken on the project in connection with' all of the Lots, including Lot 18. The letter confirms that the Applicant Richard Marcus has placed Lots 1 through 17 under Contract as a bulk sale transaction. The Applicant believes that the Town's acceptance of the Real Property Transfer Tax in July of 2006 evidences its concurrence that the bulk transfer of the Lots is not prohibited by Ordinance No. 25, Series of 2004. Nonetheless, the Applicant, as the contract purchaser of the Property, seeks assurance that the purchase of all of the Lots in a bulk transaction will not result in the Town asserting a violation of the PUD approvals. It is the Applicant's intention to proceed in conjunction with Brush Creek Land Company to complete all infrastructure and develop the property as expeditiously as possible. The Applicant is not willing to do so if there Js any risk that the Town might take the position that the conveyance violates the PUD approvals Page 1 of 2 Exhibit "A" Record of Decision #2 Sinclair Meadows (Page 2 of 5) and could result in the disruption or suspension of the permitting for and development of the Project. Therefore, the Applicant respectfully requests that the Planning Director issue an interpretation or an opinion in the form of Administrative Modification #2 confirming that a bulk transfer of Lots 1 through 17, Sinclair Meadows is not prohibited by Ordinance No. 25, Series of 2004. Alternatively, if the Planning Director either denies this Application or determines that the relief requested is beyond the scope of his authority, the Applicant requests that a prompt written decision issue so that the matter may be considered by Town Council at its December 3, 2007 meeting. Page 2 of 2 Exhibit "A" Record of Decision #2 Sinclair Meadows (Page 3 of 5) Thomas I Todd HOLLAND HAR-L, ttodd @hollandhart.com November 21, 2007 VIA HAND DELIVERY Town of Snowmass Village Planning Department 16 Kearns Road Snowmass Village, Colorado 81615 Attn: Mr. Chris Conrad, Planning Director and to 'I'own of Snowmass Village Mr. John Dresser, Town Attorney 16 Kearns Road Snowmass Village, Colorado 81615 Re: Administrative Modification Request for Sinclair Meadows, Lot 1 through 17 Uentlemen: Holland Hart represents C. Snowco, LLC, the record owner of Sinclair Meadows, Lots 1 through 17. As you know. C. Snowco, LLC acquired title to these lots from the Aspen Skiing Company's entity, Brush Creek Land Company, LLC in June of 2006. C. Snowco, LLC has a Cost Sharing Agreement in _place with the Aspen Skiing Company and Related Westpac in connection with the mutual development of the Sinclair Meadows de- watering plan and subdivision improvements. In addition to the building permits that were previously issued for the de- watering plan, building permits have also been issued for the infrastructure work on Lots 1 thought 17 as well as For the foundations on Lot 18. The de- watering project is substantially complete and infrastructure work in the subdivision has commenced, but will be shut down shortly in anticipation of the winter season. Related Westpac has commenced work on the excavation for the foundations on Lot 18. Recently, C.. Snowco, LLC entered into a contract for the bulk sale of Lots 1 through 17 to W. Richard Marcus, whose is represented by Rick Neiley of Neiley &Alder. As part of the obligations under the bulk sale contract, Rick Neiley and I have been in contact with John Dresser to discuss issues pertaining to Ordinance No. 25, Series of 2004, specifically Condition No. 1 of Section 3 of that ordinance. This condition reads as follows: Holland Hart LLP 1 9701925-3476 19701925 -9367 www.hollandhart.com Sop 600 East Main Street Suite 104 Aspen, CO 81611 Aspen Billings Boise Boulder Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Salt Lake City Santa Fe Washington, D.C. 0 Exhibit "A" Record of Decision #2 Sinclair Meadows (Page 4 of 5) HOLLAND &HAR F.: M Town of Snowmass Village Mr. Chris Conrad Planning Director John Dresser, Town Attorney November 21, 2007 Page 2 1. Condition Precedent to Development of Project Notwithstanding the foregoing, Lots 1 through 17 may not be sold to a third party purchaser until the restricted employee housing units on Lot 18 have been issued a building permit and are under substantial construction. As mentioned above, a building permit has been issued for Lot 18 and excavation for foundations has commenced. We are now requesting written confirmation that the bulk sale of Lots 1 through 17.complies with Condition 1 above, and that the Town of Snowmass Village will accept the real estate transfer tax incident to the bulk sale. As you know, the Town of Snowmass Village previously approved and accepted the bulk sale of Lots 1 through 17 from Brush Creek Land Company, LLC to C. Snowco, LLC and received a real estate transfer tax payment of $130,000 in connection with that transfer. As part of our request for confirmation that the bulk sale is in compliance with Condition No. 1, we believe that the Town is considerably more protected from the sort of risks and concerns that may have generated Condition No. 1 in the first place, and that the owner of Lot 18 remains highly motivated to construct the building improvements on Lot 18. In this regard, we offer the following. additional facts for your consideration: 1. The de- watering plan has been approved, permitted and constructed for Sinclair Meadows Subdivision. This work, performed at considerable cost, specifically benefits Lot 18 and was an integral step in the construction of building improvements on Lot 18. 2. A building permit has been issued for the infrastructure for the Sinclair Meadows Subdivision,_ and that work has commenced. Significant funds have been and will be expended in connection with this work. 3. C. Snowco, LLC and Related Westpac have a current, binding and enforceable Cost Sharing Agreement in place that obligates the parties to pay for the cost of infrastructure in Sinclair Meadows, and Mr. Marcus has agreed to assume C. Snowco's obligations to perform under that Cost Sharing Agreement and all other contractual obligations associated with the construction of the infrastructure and subdivision improvements. 4. The cost of the construction of the subdivision improvements is in the process of being bonded. Exhibit «A„ Record of Decision #2 Sinclair Meadows (Page 5 of 5) HOLLA N D &HART.. P q1, "Down of Snowmass Village Mr. Chris Conrad, Planning Director John Dresser, Town Attorney November 21, 2007 Page 3 5. In the event the Town of Snowmass Village does not consent to the bulk sale of Lots 1 through 17 to Richard Marcus, it is probable that C. Snowco, LLC will not consider any further bulk sales offers and will simply sell lots to individual consumers or hornebuilders. This will, in turn., result in the. Town of Snowmass Village missing the opportunity to receive a substantial real estate transfer tax on a bulk sale before the lots are sold to end users. 6. The bulk sale will not result in any delay in performance or diminishment of obligations on the part of Related Westpac to construct and deliver the employee housing on Lot 18. We thank you in advance for your review of this request. Please contact me or Mr. Neiley if you have any question s or need additional information. Sincerely, Tho as J. Todd of Holland Hart LLP TJT /san cc_ C. 5nowco, LLC TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANGER SUBJECT: MANAGER'S REPORT DATE: December 3, 2007 Comprehensive Plan Update Staff has reviewed the proposed public meeting formats for December 12 and 20 with John Wilkinson and Arnold Mordkin. Attached are the draft agendas for these public meetings. We would ask that you invite friends, associates, and others you think would be interested in these public meetings. Both meetings are at 5:00 p.m. at the Conference Center. CIRSA Training on December 17 Staff has discussed with Council the idea of inviting CIRSA, our insurance provider, to Snowmass to give a presentation on a variety of topics valuable for elected and appointed officials related to public meetings, conflicts of interest, exparte communications and other topics that could create legal exposure for the Town. Staff would propose having a lunch training session at 12:00 noon on December 17 a session could also be organized before the regular Town Council meeting on that day. Additionally, we would propose inviting the Planning Commission to this meeting. Full participation in this training will help reduce the Town's insurance costs in the future. Manager's Report 08 -20 -07 Page 2 of 4 The following is a list of strategic projects and their current status for your information. (Last up -dated 11- 30 -07) Staff Action Status Date to follow- Contact up w/ Council Russ, Comprehensive State of Comp Plan on Dec 3 Ongoing Chris, Plan Update State of Snowmass Report on Dec 3ra David Public Meeting at 5:00 on December 12 Public Meeting at 5:00 on December 20 Hunt Entryway Construction on gym has begun; basket August 4, 2007 Walker Gymnasium ball courts will be complete by the end of November. Tennis courts will be completed in early summer 2008. The entry way lights for signs is not acceptable and the contractor is working to fix the problem. Jason Environmental Rocky Mountain Institute will provide the Haber Committee environmental committee with a proposal to help facilitate this group. Chris Snowmass Will receive new plans on the Center in Conrad Village Center November 2007. Project Susan Economic Marketing Director is working with RRC December 2007 Hamley Strategic Plan Associates on an Economic Strategy to help guide economic- related decision making for Marketing, Special Events, and the Group Sales Board. Draft is expected in December 2007. Joe Coffey Housing Policy Housing Department will present a December 16, schedule on December 16 to address 2007 housing policy questions the Town Council requested be examined in the budget process. P: \MANAGER.XSC\Manager Report'07 \12- 03- 07.doc woo Manager's Report 08 -20 -07 Page 3 of 4 1 t ATTACHMENT COMPREHENSIVE PLAN UPDATE PUBLIC MEETINGS: 1 COMMUNITY VALUES #2 COMMUNITY VISION DRAFT OUTLINE: SUBJECT TO CHANGE December 12, 2007 5PM -7PM Public Meeting #1- CommunitZ Va lues 1) 5:00 PM Legacy. Postcard (colored for seating) 2) 5:10 PM Welcome 3) 5:15 PM Purpose Planning 101 Presentation Process Timeline 4) 5:25 PM Agenda Ground rules for facilitation Participant demographics (key pad polling) 5) 5:35 PM Review of the State of Snowmass Village Report Carrying Capacity Report 6) 5:55 PM Tradeoff questions (key pad polling) 7) 6:15 PM Round table discussion on values (consensus on top values) 8) 6:40 PM Report out on top values 9) 6:55 PM Presentation of selected postcards 004S goo Manager's Report 08 -20 -07 Page 4 of 4 10) 7:00 PM Invitation to December 20 meeting on Vision December 20, 2007 5PM -7PM Public Meeting 92 Communi y Vision 1) 5:00 PM Welcome (handout on postcard comments and top values, timeline) 2) 5:05 PM Purpose Planning 101 Process 3) 5:15 PM Recap on Public Meeting #1 Community Values: Synthesis of legacy postcards Results of key pad polling Values handout 4) 5:30 PM Vision discussion Matrix of scenarios (handout on topical areas chart on 3 4 scenarios) Topics: Housing Transportation Land use Recreation Economics Community Environment Development design pattern mass character Key pad polling on vision scenarios 5) 6:45 PM Comments on missed items issues 6) 6:55 PM Exit survey on scenarios 7) 7:00 PM Invitation to January 10, 2008 Public Meeting on Vision Values Summary January 10 11, 2008 Design Charrette for West Village December Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 Hanukkah Hanukkah Town Council Meeting 4:00 p.m. 9 10 11 12 13 14 15TOSV Holiday Party 1 16 17 18 19 20 21 22 Town Council Meeting 4:00 p.m. 23 24 25 26 27 28 29 0 c::> o Christmas TOSV offices closed 30 31 New Year's Eve i i Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 Town offices closed NEW YEARS DAY! 6 7 8 9 10 11 12 TC Meeting 4:00 p.m. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Taws Offices TC Meeting Closed 4:00 p.m. MARTIN LUTHERS KINGS DAY 27 28 29 30 31 4,0*