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03-12-01 Town Council Packet ew---�fc SNOWMASS VILLAGE TOWN COUNCIL /,Of C���T REGULAR MEETING MARCH 12, 2001 CALL TO ORDER AT 1:00 P.M. Item No. 1: ROLL CALL Item No. 2: EXECUTIVE SESSION 1:00 P.M. —2:30 P.M. PRIVILEGED ATTORNEY/CLIENT DISCUSSION Colorado revised Statues 24-6-4-2 (3) (a) Snowmass Village Municipal Code Chapter 2, Article III, - Section 2-45 (b) (7), Executive Sessions. DISCUSSION AGENDA Item No. 3: 2:30 P.M. - JOINT PLANNING COMMISSION/TOWN COUNCIL MEETING KRABLOONIK/DIVIDE PRE-SKETCH PLAN -- Jim Wahlstom. . . . . . . . . . . . . . . . .Page 1 (Tab A) Item No. 4: PUBLIC NON-AGENDA ITEMS (5-Minute Time Limit) CONSENT AGENDA Item No. 5: RESOLUTION NO. 13, SERIES OF 2001 CONSIDERATION OF A RESOLUTION EXPRESSING APPRECIATION TO PAUL FEE FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE FINANCIAL ADVISORY BOARD -- Mayor Manchester. . . . . . . . . . . . . . Page 15 (Tab B) Item No. 6: RESOLUTION NO. 14, SERIES OF 2001 CONSIDERATION OF A RESOLUTION EXPRESSING APPRECIATION TO ROBERT BECK FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE FINANCIAL ADVISORY BOARD -- Mayor Manchester. . . . . . . . . . . . . . . . . . . . . (Tab B) � J 03-12-01 tc Page 2 Item No. 7: RESOLUTION NO. 15, SERIES OF 2001 CONSIDERATION OF A RESOLUTION EXPRESSING APPRECIATION TO TED GRENDA FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE FINANCIAL ADVISORY BOARD -- Mayor Manchester. . . . . . . . . . . . . . . . . . . . (Tab B) REGULAR AGENDA Item No. 8: RESOLUTION NO. 17, SERIES OF 2001 CONSIDERATION OF A RESOLUTION AUTHORIZING THE ENTRANCE INTO A FIRST AMENDMENT TO A GROUND LEASE WITH THE TIMBERLINE CONDOMINIUM ASSOCIATION, INC. -- Carey Shanks (Tabled from March 5, 2001 Meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..Page 19 (Tab C) Item No. 9: FIRST READING — ORDINANCE NO. 10, SERIES OF 2001 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF CHAPTER 16A OF THE SNOWMASS VILLAGE MUNICIPAL CODE RELATING TO ACCESSORY EMPLOYEE UNITS, ACCESSORY EMPLOYEE UNITS AND CERTAIN DEFINITIONS -- Chris Conrad (Tabled from March 5, 2001 Meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 24 (Tab D) Item No. 10: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS Item No. 11: CALENDARS . . . . . . . . . . . . . . . . . . . Page 35 (Tab E) Item No. 12: ADJOURNMENT NOTE: ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. I � a TOWN COUNCIL COMMUNIQUE Meeting Date: March 12, 2001 Agenda Item: Krabloonik and the Divide's land exchange proposal Presented By: Jim Wahlstrom, Senior Planner Core Issues: Below are core issues which staff foresees concerning each parcel in the proposed land exchanges between Krabloonik,the Divide, and the Town: Proposed new Town parking lot(to be known as Lot 51)— ➢ Adequacy of location for a new Town parking lot ➢ Reduction of"common open space"area designated on Parcel G (currently Lot 47) in this area ➢ Changing zoning standards to permit a parking lot in Parcel G D Gradient of roadway and driveway to access new parking lot ➢ Widening of access road from Divide Road for safe two-way traffic D Maintenance responsibilities of access road improvements Tree removal (to accommodate road widening and a driveway) ➢ Skier access to nearby ski slopes ➢ Detention/water quality ponding to control off-site drainage Reconfiguration of Lot 42(existing Town parking lot)-- Changing development standards to those similar in the Divide for Parcel J (existing Lot 42)and Parcel G (existing common open space area)both of which do not permit housing. Those standards are enclosed relating to Parcel A. ➢ Views of a house from Snowmass Creek ➢ Tree mitigation on northern portion of reconfigured lot Conversion of the asphalt portion (off the lot to the east) Proposed open space easement on Krabloonik site(Lot 45)— ➢ Assurances that Krabloonik will continue to operate Changing development standards to those similar in the Divide (Parcel A)to accommodate a potential future house site Views of house from Snowmass Creek General Info: The following items outline a brief description of the proposal: • Creation of a new Lot 51 for a new Town parking lot. The lot is proposed east of the Krabloonik dog kennel within a non-wooded area for the most part. The lot is proposed to be conveyed from the Divide to the Town. • Reconfigure Lot 42, the existing Town parking lot on the north side of Divide Road,for development and sale of a single-family house. This lot would be used by the Divide in exchange for the new Town parking area on proposed Lot 51. • Divide would then convey Lot 42 to Krabloonik in exchange for an open space easement on the portion of Lot 45, the Krabloonik site, where the existing dog kennels are located. • The proceeds from the reconfigured Lot 42 sale are Intended to pay for the 1)costs of the sale,2)construction and landscaping of the new Town parking lot, including trail connections, and 3)the retirement of the debt secured for Lot 45. • Allow the development of Lot 45 for a single-family residence if the restaurant and kennel uses are discontinued. 11 Attachments: Letter of description from applicant's land use attorney (3 pages); Applicant's proposed exchange map (1 page); Excerpt portions of The Divide Subdivision labeling the affected lots and the dedicatory language (2 pages); .• Excerpt portion of the Divide's Land Use Plan Map labeling the affected parcels(1 page); v Summary of the land use development standards for the parcels within the Divide (5 pages); Council Options: 1. Provide direction and list of concerns for applicant to proceed to Sketch Plan if in general favor of proposal 2. Indicate reasons why proposal is not acceptable if it is generally viewed unfavorably 3. If needed, direct applicant to submit another pre-sketch plan review Staff Provide the applicant and staff with a list of issues and concerns Recommendation: regarding the proposed pre-sketch plan following the above noted options LAW OFFICES FREILICH, MYLER, LEITNER & CARLISLE A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS IN KANSAS CRY,MISSOUIU INASPEN COLORADO 106 SOUTH MILL STREET FREISCH.LE7THER i CARLins ATTORNEYS AT LAW DAVID J.MYLEIL P.C. SUITE 202 ATTORNEYS AT LAW E.NBCHAEL HOFFMAN' ASPEN,COLORADO 81611 ROBERT H.L.LEIT IL P.C.°' MARTIN L LF�TNFJL P.C.' FACSIMILE RICHARD O.CARLISLE,P.C.' STEPHEN J.MOORS,P.C. (970)920-4259 S.MARK WHrM TELEPHONE ROBIN A.KRAMER (970)920-1019 TYSON SAS JASON M.DWELSISS'' PLANNING WORKS.LLC CM79UD LAND USE PLANNERS MICHAEL J.LAIhR AICP BRUCE 0.PESHOFF SIRUN WAN February 23, 2001 Honorable T. Michael Manchester, Mayor and the Town Council of The Town of Snowmass Village P. O. Box 5010 Snowmass Village,CO 81615 Re: Request for Pre-Sketch Plan Meeting-Krabloonik/Divide HOA Proposal Gentleman: For some time,Dan MacEachen and directors of the Divide Homeowner's Association(the "Divide"),with input from the Ziegler family,the Aspen Skiing Company and Town staff,have been engaged in a cooperative joint planning effort to achieve the following objectives: 1. Improve the long-term financial viability of the Krabloonik dogsled and restaurant operations,without the necessity for development beyond currently approved uses, in order that those unique and valuable resort amenities can continue in business for the foreseeable future. 2. Improve the appearance and aesthetics of the Town-owned land now utilized for parking. 3. Provide for a more functional and aesthetically attractive parking opportunity for day skiers and patrons of Krabloonik's operations. 4. Maintain dogsled and skier access through the new facilities proposed by the Aspen Skiing Company on its land in the Divide. 7E' FREILICH,MYLER,LEITNER&CARLISLE _ Honorable T. Michael Manchester February 23, 2001 Page 2 The cooperative efforts of the Divide neighbors have recently culminated in a land exchange and development proposal which is supported by Dan,the Divide,the Aspen Skiing Company and the Ziegler family. The purpose of this letter is to outline that proposal for the Town Council and Planning Commission for discussion at a pre-sketch plan meeting in anticipation of an application for minor amendments to the Divide PUD. The key element of the proposal is a three-party land exchange designed to facilitate development of a new Town-owned parking lot and a new single-family homesite. As illustrated on the attached exchange map,the exchange will be accomplished by the creation of a new Lot 51 to be conveyed by the Divide to the Town in exchange for conveyance of existing Lot 42 (current parking lot) by the Town to the Divide. Lot 42 will be reconfigured as shown by the dashed lines on the exchange map to accommodate development of a single-family residence and will be conveyed by Divide to Krabloonik, Inc. in exchange for an open space easement on a portion of Krabloonik's property, Lot 45. The open space easement will allow for a continuation of current kennel uses. The parcels will be sized and configured such that,following the exchanges,each party will continue to own or control the same amount of land area and there will be no reduction in restricted open space. After re-configuration of Lot 42, it will be sold on the open market and ultimately developed with a single-family home which will be compatible with other Divide homes. The proceeds of sale will be applied to the following purposes: 1. Costs of Sale 2. Construction and landscaping of a new Town parking lot, including pedestrian connections to the existing day skier lot and the Krabloonik restaurant. 3. Retirement of debt secured by Lot 45. Although the land exchange and re-development aspects are the centerpiece of the Divide/Krabloonik proposal, the following additional elements are crucial to its ultimate success and will be part of an application for minor PUD amendments: 1. A commitment by Dan MacEachen to continue the Krabloonik dogsled and restaurant operations for the foreseeable future, on a good faith and best efforts basis. 2. Potential expansion ofthe Krabloonik restaurant within the existing development parameters applicable to Lot 45, including a minor lot line adjustment. •FREILICH,MYLER,LEITNER&CARLISLE Honorable T. Michael Manchester February 23, 2001 Page 3 3. Modification of the current development parameters applicable to Lot 45 to allow a single- family residence to be developed on that lot if the restaurant and kennel uses are discontinued. 4. Coordination with the Aspen Skiing Company for improvement and maintenance of the Divide road and the establishment of easements to facilitate access to the ski slopes for day skiers and dogsleds. It is not often that neighboring land owners with potentially diverse interests take the time and put forth the effort to find the common ground which leads to positive results. The proposal before you is a result of such an effort. With a great deal of patience and a mutual respect and understanding ofeach parties needs and desires,and after several false starts,we believe that the plan which has emerged to improve the Divide and preserve a community icon will benefit all parties and work to the detriment of no one. We hope that you will agree, and we look forward to the opportunity for a discussion. Very Truly Yours, FREILICH, MYLER, LEITNER& CARLISLE By: David J. Myler DJM:dIm Attachment cc Dan MacEachen Kenn Roberts 1 SM F&A �_ KA JR oj g3— �:--�Wiz`_ WME of S42.13'29NW 16.90' " ` °• ��\ S40.53'35NW 39.65' S' -N•••'•r` r �� \ S47.14'426W 36.65' g" LOT 4 •s.a ^s� !J �\ 7s.•:'S51.46'54NW 50.25' DIVIDE / On A 1 05 xb"E p� .� 'O 14 Si "° • S60.4030NW 29.19' la Ie.ss• �.y to �'S'�i S••'5 731'9 �.w •t I• S96.52'21NW 65.45' !•, s'� ».•s q' ,a• A ` •OWDW SREYR W�/YAWY. P c Aw $• La 15 ,y `L.,;";: 4�i,• / `f 3=, 20.1 NORTHEASTERLY O/COR' y. .•"'e.�' ti �. // ° S TRUE PO/NT +°. ., °•� WI4 7� a i 2/• or BEGINNING `1r IC� / + s, T6'J N MIND M S RESAR W/ j 059, YELLOW PLASTIC CAP +y\\= t/ !•� y� K MAR•ED•SGM LS 15710• . . •{ / • jj)) 1.7'N.OF PROPERTY COR. ii'e�• t. rA : \ 1�r'�i ' 305 1 \ ?a . t'• \ \ S`n,A 1 ii1 _�\ LOT 44 st2•e4 \�$ f,�.. \ \ n J.t• \ \\\ 1.054 ACRES,•% E • \ 04 „ \ \\ •�'q'.•a\ '. \ L.3•.u' LOT 46 r•364 4*-MW-W' I•N L So,ACRES,•/- 'S• . • St•\ F,\ t 4•.'• Y.n} COMMON OPEN SPACE \+ • ps Milo'. b 15.9x' �♦15 \ tis• \ \ �SAL` J Ly 41' 1404 t ♦ ) 4 m r• Ln04.S� l t.i •y �\ 43 .� ;� 3 r•+V D..nrWbr. •+ is •b ••. 'tiL ti' Y ��C777 \ y ^ b 4 ••��� �S.jO•' 11�:,fY r 1 1: A•°°: b S�i C:�� \ r \ ' • 7.45 a w '• °. • •t,..*,.'"�, ' 105°' � Y \S �' °4.$ '• w •4j�•f'`.E45Er1fpr `\ _ LOT 43• m' ��• I V 1 �y fi Yn. rX_ e I •�4''� \ ACCESS \ f L•.4'O •/• i E YMT. t (°377 E� �• \ .:. +rr. '��� • 846, \ Ri LOT 45 I_ �.v /� ,�r++!� ..�•.\ ,t� \ J' IItIACRES, •% A a ob ij �•r ��. ;ip ..•iM;� m wrr'.n • LOT 41 JF4 ACRES,%moo,• • 4] Y.gS v"! O i1e7� o \ ;{5 IS Y SEE DETAIL-A' cRES.•% 11PEN SPACE • • 'f •I D A \\ $04600 ES•W NTS•Sl01 E I '• / - w 11[ TRAIL EASEMENT 2146 - ! `�1 MO$•A m7/ d; •0 4 ]$Q1lIr 5 ' 133.71 4 l Ac.. COMMON OPEN SPACE - / ' 1 1 ...•o.»I LOT 42 j ErrAarJ./- Y _ a_ II.r LOT 5 I I I tE(((At ]Tl•o 007 ? =a'" Lq R�I i�\( q LOT 47 �8 e.M.•. 1 ! `. .a.3f'+ PPf� •' It!$It ACRES. ' 0•, -or cp�YON or9N SPACE ss �+.. rr r1• yy 33 d W LOT B • I �M`. � 1I 11 ro �ti g d II E! �RRRR �' Erg ACRES,•/- : ' •••11'3.46 � yy•s'J at t� d Y11' iR t: t g So-51,20,w y'-1 e7/m low:'! 0135�.�` �r r 'o\•.. •%i`t s°D ACRtx.i- 1 M.�' s.�i N a a 4 7 LOT 6 i .J t E THE DIVIDE OF A PART OF TRACTS 48 , 50, 53 AND 54, TIOS , R86W 01 OF SNOWMASS VILLAGE , COUNTY OF PITKIN, STATE OF CO AREA = 116 . 016 ACRES , MORE OR LESS THAT SNOWMASS HEREBY DEDICATES, SUBJECT TO THE EASEMENTS AND OTHER LIENS AND ENCUMBRANCES SHOWN OR DESCRIBED ON THIS PLAT, DIVIDE ROAD AS SHOWN HEREON TO THE TOWN OF SNOWMASS VILLAGE FOR THE USE OF THE PUBLIC FOREVER. THAT SNOWMASS HEREBY DEDICATES, SUBJECT TO THE EASEMENTS AND OTHER LIENS AND ENCUMBRANCES SHOWN OR DESCRIBED ON THIS PLAT, LOTS 42 AND 47 AS SHOWN HEREON TO THE TOWN OF SNOWMASS VILLAGE FOR PUBLIC PARKING PURPOSES. THAT SNOWMASS HEREBY DEDICATES (a) ROADS A, B AND C AS SHOWN HEREON AND THE SLOPE EASEMENT AREAS APPURTENANT THERETO AND (b) THE COMMON OPEN SPACE, BEING LOT NUMBERS 46, 47, 48, 49, AND 50, SUBJECT TO ALL EASEMENTS AFFECTING THE AFORESAID REAL PROPERTY AS SHOWN ON THIS PLAT, FOR THE USE, BENEFIT AND ENJOYMENT OF THE OWNERS OF LOTS 1 THROUGH 41, INCLUSIVE, AND THEIR AGENTS, EMPLOYEES, LICENSEES AND INVITEES; SUBJECT TO THE TERMS, PROVISIONS AND LIMITATIONS AS CONTAINED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE DIVIDE RECORDED IN BOOK AT PAGE IN THE OFFICE► OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORAQO, OR AS THE SAME MAY BE AMENDED FROM TIME TO TIME. THAT SNOWMASS HEREBY GRANTS, SUBJECT TO THE EASEMENTS AND OTHER LIENS AND ENCUMBRANCES SHOWN OR DESCRIBED ON THIS PLAT, THE FOLLOWING EASEMENTS: A. A NON-EXCLUSIVE EASEMENT TO THE TOWN OF WWMASS VILLAGE OVER AND ACROSS PORTIONS OF THE PROPERTY DESIGNATED AS '"PUBLIC ACCESS EASEMENT" ON THIS PLAT FOR PUBLIC INGRESS AND EGRESS PURPOSES. B. A NON-EXCLUSIVE EASEMENT TO THE TOWN OF SNOWMASS VILLAGE OVER AND ACROSS PORTIONS OF THE PROPERTY DESIGNATED AS "EMERGENCY ACCESS EASEMENT" ON THIS PLAT FOR USE BY THE TOWN OF SNOWMASS VILLAGE FOR PUBLIC EMERGENCY VEHICLES AND PERSONNEL. C. A NON-EXCLUSIVE EASEMENT TO THE TOWN OF SNOWMASS VILLAGE OVER AND ACROSS PORTIONS OF THE PROPERTY DESIGNATED AS "PUBLIC SKI EASEMENT" ON THIS PLAT FOR PUBLIC SKIING PURPOSES. D. A NON-EXCLUSIVE EASEMENT TO THE TOWN OF SNOWMASS VILLAGE OVER AND ACROSS PORTIONS OF THE PROPERTY DESIGNATED AS "PUBLIC TRAIL EASEMENT" ON THIS PLAT FOR PUBLIC NON-MOTORIZED PEDESTRIAN TRAVEL. E. A NON-EXCLUSIVE EASEMENT TO THE OWNERS EXISTING FROM TIME TO TIME OF LOTS 14 AND 15 OVER AND ACROSS THAT PORTION OF LOTS ]] AND 74 DESIGNATED AS "DRIVEWAY ACCESS EASEMENT" ON THIS PLAT FOR THE CONSTRUCTION AND MAINTENANCE OF A COMMON DRIVEWAY PROVIDING ACCESS TO LOTS 74 AND 35. F. A HON-EXCLUSIVE EASEMENT TO THE OWNER EXISTING FROM TIME TO TIME OF LOT 15 OVER AND ACROSS THAT PORTION OF :.OT 14 DESIGNATED AS "DRIVEWAY ACCESS EASEMENT" ON THIS PLAT FOR THE CONSTRUCTION AND MAINTENANCE OF A DRIVEWAY PROVIDING ACCESS TO LOT 15. d� Sd� G. A NON-EXCLUSIVE EASEMENT TO THE OWNER EXISTING FROM TIME TO TIME OF LOT 32 OVER AND ACROSS THAT PORTION OF :OT 31 DESIGNATED AS "DRIVEWAY ACCESS EASEMENT" ON THIS PLAT FOR THE CONSTRUCTION AND MAINTENANCE OF A i JJ� 1 _ � P l •. i:ir.:C lullillu dal "' V- y Im / .� . C�•; s✓ 1j1i1i1 .II i 4 A } ...;�. :' n'.U1• 'L' M'lly``0 '.n,'I t 1 arilii�!�� f' q j i� ''y °111 ! . It LN ka _ 1 XA mW tiff will /�!► � s '} ,•r /1�#111 1�II�1(��Ilj=I iIt MAAS- �• � 1• � S/ ,�'� . pll�i�Hill i _. � ;.1 f � '. '.- � t �1{. �1 Iw,%t A± r,.. ll-sr.r DIVIDE Land Use Plan Map Summary: PARCEL A Parcel acreage 67.3 acres mom or less. A. Permitted Uses By Right: 1. Single family dwellings; 2. Ski trails; 3. Ski related facilities of a non-commercial nature; 4. Open space recreational uses operated by the Homeowner's Association; 5. Roadways; 6. Pedestrian trails; 7. Public facilities; 8. Accessory uses associated and in support of single family residential use; B. Major Structures: 1. One(1)building envelope per lot for a total of 40 major structures; 2. Envelopes shown on plat defines limits of all primary structures and accessory buildings; 3. Anticipated program by type of use: a. 40 single family residences C. Land Use Parameters: 1. Maximum building square footage 5500 sf. per lot 2. Maximum building height 28 feet 3. Average building height 28 fat 4. Maximum number of dwelling units 40 units 5. Maximum number of dwelling units per acre N/A 6. Allowable F.A.R.up to a maximum of 5500 sf per lot;F.A.R. not related to lot size 7. Minimum number of parking spaces-one space per bedroom;minimum of two (2)spaces 8. Minimum amount of open space 0% 9. Minimum amount of restricted housing 0 units DIVIDE PA Parcel Acr: `�i,acres mole or less. A. Pr ermitted uses By Right: 1. Managers residential miq — — _ _ 2 office space a»euiased with popery msosBemoot activities which am. limned to servicing the Divide properties only: 3. Garage,property maoagemen support uses and anceasary,uses for above MCC B. Major Structure: 1. Consisting of up to two(2)buildings within the bulking envelope; 2. Landscape walls and signs assoclssed with sunbdivYios entry with no set back from boundary Ilse; 3. Anticipated program by type of case a. Total building 2A00 d. Is. Reddeetlal 11300 d. C. OffW 150 d. d Pwaparty 550 SE d. PPort 750 d. C. Land.UwPanmoseas L lfoduOm building square footage 2.200 aE 2. Maidisium building height 28 ft. �Oi k 'Avan{e bulfding bight 28 R I' Mnximum number of dwelling Off. Per acre , it Yt r 'V i4 �' t T'� U . S. Allowable F.A.R` % �' 1 `*; #'• `a 6. Minimum number of jR"g spaces 3 106611 7. Minimum amount of open apace .:. 8. Minimum amount of restricted housing 1 unit ® I'm d up tq2 - pedrooma ll - DIVIDE PARCEL C Paroel aaoage'2.85 acres nitre or less. JL Pa tted Uses By Right: . L Sid me maintenance shop and ogmpment storage fac0ide; i • Z Sid area operudooal and iopavitoty atBces; - '- 3 ' Recaviog and storage for ski area rostamaat equipment anii supplies: �4. Fatployoe housing -Accessory uses and fadlities mkicd to my of the 4bove uses.Including but not limited to,access roads,fuel storage and dispensing.parts and supply storage,sid patrol loci er a.=and multipurpose room ` �_ IrhjorSerncnurs: � ..i I Two primary buildings for allowed rats: 2 Sommuy stroetmp for trash and 15=1 MrW. j 3. Anticipated pW m by rAwof tear a. Total bulldigg mu 28,850 sf. b. So mm aid 18.403 if. C Rom maaataoa}ring - 4=sf. d Ski araimolts-Wrpooe i 9917 s& , PSI a e. tdatpltryas bio�ialag 7,208 nf� G 1md Use Parnoaee T } a : � 11 1. Moxmn imbollftvgs fooaW 29ASDsi 2.. MaXdrrmm bol 3§N-ifgbs 3. Average ba0t f_ Atif : s �- 4. Maximum nmaI of dig ants ,Per ACOM 3 /�llomgbb Fl�R f 6 Minimum manbare�g spooea 29 VNM ti g. Mialtromt mtd tamitnom squaw ii 3 nairl footag oiT> ii x , fi ISF .'S• ' -v >gtoll I�� DIVIDE 1.�aCtea mate or less f�.i• I` 3 y,>:(2' k tx L..�el 71y11 M,j.. PaadGed a By lught )y1ilj� 113P" dojicdw]eR WbJect 10 the Wlual ru�te1e�pesad t�ya[resiesNtundertheTownof •'' t Vii' OPPOOt. .'. 3 •Baiployea�toofln� ..; r 4 l bubdblp fatebOiYb 1 tai of visdna snnCtatu endro4mion of saoctatd: 2 MUMS envelope erM FW—boandesy act beds a mtdmom of ten(10) 'fea wont baotd�- � - 13. iAnddpsadpmP1m b1!.VPofaexA i a ` Total bmldmB am 15.000 at . Support 3.380 sL d trsmR; 2.900 at a Reand - 4.000 sL G Lead Use Pumn m 1. Ma*m m balding upm foaape 15.000 st 2 :j _ $ r .28 R Averepe bml0191111 28 R . L .;M�anamberddtre8la�nmts Y �� � ' S '" AByivsbla F.&F- 10 per acm f6 �jf'Mbammga�aberdpetklaBspeae 4 ,� ^� >: !+h8olmtm�oeoatdapwspeae'°�. g ,,'° iT -13 Poo DIVIDE y55�{sF ±¢ •� c .,¢.pllajr$CQWlf1 •; wm mom QlCia. .J n : e .� kfi. Fk . Parcel Fe9URU t3,6 am Mort alo , ° A ti Pamd p eQaals $5.6 .acres more ar less. Pub_H egnaL 2 .6 .Popes more ar la4 Pupal °qusls- +t aces more ar kRA i. Y• �. A. pGIDitlOd Uses By>tl� 2. Sid trash: J 3. Sid related files >tp°nc°°�°i°dal.. a i' " 4. ReaWIWWusas_ ndfa ciUdwWMWWbq['flsDbfdel3omeowser't' i S. Public sad private ut Uirie: 6. n;,8 and walkways: .- 7. iios-parcel roads uccpr nbt albwcd m Pam11� J & it m6mpin`,walls and sigoa6e6 Ip Uusel , less.�'Sfwes or Pseel moss]: L �taes moss a loss --- -- - — - X PetmiuedUsUyR36bt i Z op °,rm ^i ,-n :fin'^' _:• q TOWN COUNCIL COMMUNIQUE Meeting Date: March 12, 2001 Agenda Item: RESOLUTION NO., 13, 14, and 15, SERIES OF 2001 CONSIDERATION OF THREE RESOLUTIONS EXPRESSING APPRECIATION TO PAUL FEE, ROBERT BECK AND TED GRENDA FOR THEIR SERVICE AS MEMBERS OF THE SNOWMASS VILLAGE FINANCIAL ADVISORY BOARD Presented By: Mayor T. Michael Manchester Core Issues: General Info: These resolutions express appreciation to Paul Fee, Bob Beck and Ted Grenda for their service on the Financial Advisory Board. Council Options: Staff Approval. Recommendation: SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 13 SERIES OF 2001 A RESOLUTION EXPRESSING APPRECIATION TO PAUL FEE FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE FINANCIAL ADVISORY BOARD WHEREAS, Paul Fee was appointed by the Town Council of Snowmass Village to serve as Member of the Financial Advisory Board in April of 1999; and WHEREAS, Mr. Fee has served one year and eight months with dedication and commitment to this community; and WHEREAS, Mr. Fee's hard work, excellent attendance record and financial knowledge have been an asset to the Financial Advisory Board and the community; and WHEREAS, Mr. Fee's dedication and experience will be missed. NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Snowmass Financial Advisory Board and the entire Town Staff hereby express their sincere gratitude and appreciation to Paul Fee for his contribution to promote a financially strong community and to enhance the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 12th day of March 2001 with a motion made by Mayor Manchester and seconded by Council Member Virtue and by a vote of 4 in favor to 0 opposed. Council Member Mercatoris on excused absence. ATTEST: TOWN OF SNOWMASS VILLAGE TRUDI WORLINE, Town Clerk T. MICHAEL MANCHESTER, Mayor i'6to"0 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 14 SERIES OF 2001 A RESOLUTION EXPRESSING APPRECIATION TO ROBERT BECK FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE FINANCIAL ADVISORY BOARD WHEREAS, Robert Beck was appointed by the Town Council of Snowmass Village to serve as Member of the Financial Advisory Board in January of 1999; and WHEREAS, Mr. Beck has served 2 years with dedication to this community; and WHEREAS, Mr. Beck's hard work and financial knowledge have been an asset to the Financial Advisory Board and the community; and WHEREAS, Mr. Beck's dedication and financial knowledge will be missed. NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Snowmass Financial Advisory Board and the entire Town Staff hereby express their sincere gratitude and appreciation to Robert Beck for his contribution to promote a financially strong community and to enhance the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 12th day of March 2001 with a motion made by Mayor Manchester and seconded by Council Member Virtue and by a vote of 4 in favor to 0 opposed. Council Member Mercatoris on excused absence. ATTEST: TOWN OF SNOWMASS VILLAGE TRUDI WORLINE, Town Clerk T. MICHAEL MANCHESTER, Mayor sow SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 15 SERIES OF 2001 A RESOLUTION EXPRESSING APPRECIATION TO TED GRENDA FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE FINANCIAL ADVISORY BOARD WHEREAS, Ted Grenda was appointed by the Town Council of Snowmass Village to serve as Member of the Financial Advisory Board in January of 1999; and WHEREAS, Mr. Grenda has served 2 years with dedication and loyalty to this community; and WHEREAS, Mr. Grenda's hard work and excellent attendance record have been an asset to the Financial Advisory Board and the community; and WHEREAS, Mr. Grande's dedication and caring will be missed. NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Snowmass Financial Advisory Board and the entire Town Staff hereby express their sincere gratitude and appreciation to Ted Grenda for his contribution to promote a strong community and to enhance the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 12'" day of March 2001 with a motion made by Mayor Manchester and seconded by Council Member Virtue and by a vote of 4 in favor to 0 opposed. Council Member Mercatoris on excused absence. ATTEST: TOWN OF SNOWMASS VILLAGE TRUDI WORLINE, Town Clerk T. MICHAEL MANCHESTER, Mayor 42 _ TOWN COUNCIL COMMUNIQUE Meeting Date: March 12, 2001 Agenda Item: Regular Agenda Item — Resolution No. 17, Series of 2001, Timberline Lease Amendment Presented By: Carey Shanks Core Issues: . Amending lease to comply with existing improvements. $20,000 account receivable from AT&T General Info: Per previous Council's direction, this resolution amends the existing Timberline land lease to acknowledge and formalize existing improvements, previously approved by the Town, to collect the $20,000 consideration from AT&T, for the use of the cellular site. Council has earmarked this money for a Wireless Communication Master Plan. Council Options: 1) Approval 2) Denial 3) Table Staff Staff recommends approval. Recommendation: 047 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 17 SERIES OF 2001 A RESOLUTION AUTHORIZING THE ENTRANCE INTO A FIRST AMENDMENT TO A GROUND LEASE WITH THE TIMBERLINE CONDOMINIUM ASSOCIATION, INC. WHEREAS, the Town is authorized to enter into a lease agreement in accordance with the terms and conditions of Section 1.4 of Article I of the Home Rule Charter; and WHEREAS, the Town and the Association entered into a certain Ground Lease dated March 4, 1987 concerning the use of certain Town property by the Association for the construction and operation of a maintenance facility; and WHEREAS, the Association requested the Town to expand the authorized uses of the property under the Ground Lease; and WHEREAS, the Town Manager and the Association Manager have negotiated certain amendments to the Ground Lease; and WHEREAS, the Town Council has reviewed the recommendation of the Town Manager to approve the amendments to the Ground lease, and desires to authorize an amendment to the Ground Lease. NOW,THEREFORE, be it resolved by the Town Council of the Town of Snowmass Village, as follows: 1. Approval of Lease Amendment. The First Amendment to Timberline Condominium Association Ground Lease attached hereto as Exhibit"A", and incorporated herein by this reference, is hereby approved on behalf of the Town. 2. Direction to Town Manager. The Town Manager is hereby authorized and directed to execute the First Amendment to Timberline Condominium Association Ground Lease on behalf of the Town. 3. Severabilitv. If any provision of this Resolution or application hereof to any person or circumstance is held Invalid, the Invalidity shall not affect any other provision or application of this Resolution which can be given effect without the ab - Resolution No. 17, Series of 2001 Page 2 provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 5th day of March, 2001, upon the motion of Council Member , the second of Council Member , and approved by a vote of_ In favor and _ opposed. TOWN OF SNOWMASS VILLAGE By: T. Michael Manchester, Mayor ATTEST: Trudi Worllne, Town Clerk aal Resolution No. 17, Series of 2001 Page 3 Exhibit "A" FIRST AMENDMENT TO TIMBERLINE CONDOMINIUM ASSOCIATION GROUND LEASE THIS FIRST AMENDMENT Is made and entered into by and between the Town of Snowmass Village, Colorado, hereinafter referred to as the "Town," and the Timberline Condominium Association, Inc., hereinafter referred to as the "Timberline." WINESSETH: WHEREAS, the parties entered Into a certain Ground Lease dated March 4, 1987 concerning the use of certain Town property by the Timberline for the construction and operation of a maintenance facility; and WHEREAS, the parities desire to amend the terms and conditions of the Ground Lease to allow for expanded uses of the property by the Timberline on the terms and conditions as hereinafter set forth. NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which Is hereby acknowledged, the parties agree as follows: 1. Authorized Uses. The last sentence of Paragraph 5.2 Is restated as follows: Timberline shall allow no use of the property other than those permitted uses of maintenance, laundry, house keeping operations, general storage, and 3 employee housing bedrooms and the AT&T cellular facility as approved by Ordinance No. 13, Series of 2000. 2. Rent Payment Renegotiation. The following sentence is added at the end of Paragraph 6.3: As a condition precedent to exercising the option to renew, the Town and Timberline shall meet to discuss and negotiate the establishment of a new minimum annual rent to be paid by Timberline during the renewal term. Resolution No. 17, Series of 2001 Page 4 3. Conflict. Any conflict between the provisions of this First Amendment and the provisions of the Ground Lease shall be resolved in favor of this First Amendment. Dated on the_ day of March, 2001. TOWN OF SNOWMASS VILLAGE TIMBERLINE CONDOMINIUM ASSOCIATION, INC. By: By: Gary Sulter, Town Manager President TOWN COUNCIL COMMUNIQUE Meeting Date: March 12, 2001 Agenda Item: First Reading: Ordinance No. 10, Series Of 2001, an ordinance amending and restating certain provisions of Chapter 16A of the Snowmass Village Municipal Code relating to accessory caretaker units, accessory employee units and certain definitions. Presented By: Chris Conrad, Planning Director Core Issues: 1) The amended ordinance limits AEU's for pre-existing dwellings to 500 sq. ft. or 10% of the existing floor area, whichever is less. Anything above that requires special review. Staff would like to discuss limiting residences that already exceed the allowed floor area to a 750 sq. ft. maximum size AEU. 2) The Special Review process would allow AEU reviews to be handled administratively, by the Planning Commission only, or have the Planning Commission recommend and Town Council decide. Does the Town Council want to be the decision maker for AEU applications? 3) Staff discussed the latest amendments with the Planning Commission at their March 7 meeting. They are concerned about allowing houses to exceed their floor area limit by much more that ten percent (10%) except in special circumstances and believe that better monitoring of the AEU program by the Town will need to occur. They also asked that staff discuss their recommendation that the ACU and/or AEU provisions allow one (1) accessory unit within a DU Duplex lot. General Info: The enclosed ordinance amends certain provisions of Chapter 16A of the Snowmass Village Municipal Code relating to accessory units and associated definitions. This item was tabled at the March 5 Town Council meeting and staff was directed to amend the ordinance for review at this meeting. The Public Hearing and second reading are scheduled for March 19. Council Options: 1) Give first reading approval of the ordinance as written. 2) Give first reading approval of the ordinance and direct staff to amend the ordinance prior to second reading. Refer all or portions of the proposed amendments back to the Planning Commission or staff for further consideration. Staff Staff recommends first reading approval with direction to amend Recommendation: the ordinance as appropriate prior to second reading. BPIP:\user\cconrad\MS Word Docs\Misc Code Amendmen Ord 01.10 Chpt16A Amendments TCMemo02.doc TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 10 SERIES OF 2001 AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF CHAPTER 16A OF THE SNOWMASS VILLAGE MUNICIPAL CODE RELATING TO ACCESSORY CARETAKER UNITS, ACCESSORY EMPLOYEE UNITS AND CERTAIN DEFINITIONS. WHEREAS, amendments to Chapter 16A contained in this Ordinance are being processed under the provisions of Section 16A-5-210 of Chapter of the Snowmass Village Municipal Code (the "Municipal Code"); and WHEREAS, the Town Council directed the Planning Staff to propose amendments to Chapter 16A of the Municipal Code pertaining to the accessory unit provisions; and WHEREAS, staff has prepared this ordinance to formalize the amendments; and WHEREAS, the Planning Commission originally reviewed the amendments on January 17, 2001 and finalized their recommendations to the Town Council during its meeting occurring on March 7, 2001; and WHEREAS, notice of a Public Hearing to be held on March 19, 2001 was be published in the Snowmass Sun on February 21, 2001, in accordance with the provisions of Sections 16A-5-60(8)(1) and 16A-5-210(C)(6) of the Municipal Code; and WHEREAS, the public hearing will be held on that date in order to receive public comment concerning the proposed amendments; and WHEREAS, the Town Council will have, prior to second reading, considered the application, all relevant support materials, the report of the Town Staff, the Planning Commission recommendations and public testimony given at the Public Hearing; and WHEREAS, the Town Council finds that this Ordinance complies with the provisions of Section 16A-5-210(E) of the Municipal Code; and WHEREAS, the Town Council finds that the procedure and requirements set forth in Section 16A-5-210 of the Municipal Code have been satisfied; and col .� TC Ord 01-10 Page 2 WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: 1. Amendment to Chapter 16A. The provisions of Chapter 16Aof the Municipal Code are hereby amended and restated as follows: a. That Section 16A-3-210(B)(2)(b)(3), Accessory unit, is hereby amended to read as follows: (3) Accessory Unit. The floor area for an accessory unit shall be included in floor area calculations to the extent required by Section 166-3-230. Accessory Units. b. That Section 16A-3-230, Accessory units, is hereby amended to read as follows: Sec. 16A-3-230. Accessory units. One (1) accessory caretaker unit (ACU) or one (1) accessory employee unit (AEU) may be; iasta8ea-ia 1) constructed as oarl of a single-family detached dwelling; 9) located above or below a detached aarage: or. 3) permitted a5 ,a pre-existina dwelling unit within a single-family detached or two-family dwelling dwelliag, subject to compliance with the provisions of this Section. An ACU or AEU unit located above or below a detached garage shall require special review approval t2umant to Section 166-5-230. Special Review. (1) Standards for an accessory caretaker unit. An ACU shall comply with the following standards: a. Size. The size of the ACU shall be not less than three hundred (300.) L= square feet or greater than seven hundred fifty (750) square feet, and shall be built within the maximum allowable floor area for the lot unless the additional floor area was aouired under the Town's floor area excise tax provisions: b. Variance. The only variance that may be granted to accommodate the ACU is a setback or height variance. c. Exterior entrance. The ACU shall have a separate exterior entrance from the single-family detached dwelling that is practically accessible as TC Ord 01-10 Page 3 the primary means of access to the AC-6I AQU . d. Parking. There shall be provided at least one (1) on-site parking space per bedroom in the ACU in addition to those parking spaces required for the single-family detached dwelling. e. No short-term rental. An ACU shall not be rented on a short-term basis or for vacation-type rentals. All rentals shall be for a minimum term of six (6) months. f. Pre-existing dwelling units. With Town Council approval, one (1) ACU created prior to April 16, 1985 in a single-family detached dwelling or one (1) ACU created prior to September 21, 1977 in a two-family dwelling within the DU zone district may be permitted to remain, provided: 1. The lot owner has submitted architectural drawings reflecting the "As-Built" condition defining the ACU unit. 2. The lot owner has submitted a report from a private building inspection consultant, whose qualifications are acceptable to the Town, containing their findings with regard to consistency with the Town's building, fire, electrical, and/or plumbing codes as found within the ACU unit and recommendations as to whether modifications should occur in order for the unit to be occupied in a safe manner. 3. That, based upon the review of the inspector's report and recommendations of the Town Building Official, who may inspect said ACU prior to any approval being granted, the lot owner agrees to obtain the necessary permits and perform the recommended modifications that need to occur prior to any registration, rental or conveyance of the ACU unit. a. The lot owner has successfully demonstrated that the subject unit existed within the principal structure on or before the applicable date specified above and that no other ACU units exist on the lot. 5. The existing ACU unit is in conformity with Subsection (1) above, except that the subject ACU may be acceptable for registration if, at the sole discretion of the Town Council and following presentation of evidence thereon, it is satisfactorily demonstrated that such nonconformity may be determined to be minor in nature or that compliance would be impractical and would cause an ;a7 - TC Ord 01-10 Page 4 unreasonable hardship upon the lot owner. In cases such as this, the Town Council may impose conditions reasonably necessary to mitigate impacts upon surrounding property owners or to specify a timeframe within which the ACU unit or nonconformity must be brought into compliance with Subsection (1) above. (2) Standards for an accessory employee unit. An AEU shall comply with the following standards: a.Size. The size of the AEU shall be not less than three hundred E399) L= square feet or greater than gie thousand (1.000) square feet. Special review approval pursuant to Section 166-5-230. Special Review. shall be reguired for AEU units being seven hundred fifty (750) to one thousand (1.000) sguare feet in size. b. Variance. The only variance that may be granted to accommodate the AEU is a setback or height variance. c. Exterior entrance. The AEU shall have a separate exterior entrance from the single-family detached dwelling that is practically accessible as the primary means of access to the AEU. d. Parking. There shall be provided at least one (1) on-site parking space per bedroom in the AEU in addition to those parking spaces required for the single-family detached dwelling. a. €. g. Maximum floor area. Except as provided in Subsection ( below. T the AEU shall not cause the resulting floor area of all improvements to exceed the maximum allowable floor area for the lot by an amount greater than ten percent (10%) of the allowable floor area without special review approval pursuant to Section 16A-5-230, Special Review S. f. Pre-existing dwelling units. p9Fs@Rj (4994) Qf the allawable goor Ar4an QF five hwRdF@d (699) GqWaF@ f994, FAIRIFARS �4 00 TC Ord 01-10 Page 5 In Order to imm ly, the I)ublmQ pQliQy purpose and Cominwlly nee to create affordable employee housing within sinale-family detached dwellings that received a certificate of occupancy prior to (Date this Ordinance aoes into effect). the total floor area for the improvements. including the AEU, may be permitted to exceed the floor area amount of the improvements existina on that date by an amount ui2 to. but not exggedina. five hundred (500) square feet or ten percent (10%) of said existina floor area. whichever is less. The addition of any AEU whereby The resultant total floor area would exceed this amount shall reauire special review approval pursuant to Section 16A-5-230. Special Review. H. g. No short-term rental. An AEU shall not be rented on a short-term basis or for vacation-type rentals. All rentals shall be for a minimum term of six (6) months. h Occupancy Occupancy of an AEU shall be by a person employed within the Town at the time of initial tenancy and who shall remain employed within the Town or County for a minimum of(6) months a year. (3) Accessory unit completion and registration. a. Completion. . A new accessory unit shall be completed within the period prescribed by the building permit issued for its construction. All modifications to a pre-existing ACU shall be completed within the period prescribed by the building, electrical, plumbing or other permits required by the Town Council for it to be registered. b. ACU notice of registration. Upon issuance of a certificate of occupancy for a new ACU or certificate of completion for a pre-existing ACU, a notice of registration of the ACU shall be issued by the Planning Director, and a true and accurate copy shall be filed for record in the Office of the Clerk and Recorder of the County. Such registration shall be valid for the existence of the new ACU or, in the case of pre-existing units, may be subject to the terms and conditions imposed by the Town Council. c. AEU notice of initial registration. Upon issuance of a certificate of occupancy for an AEU, a notice of registration of the AEU shall be issued by the Planning Director, and a true and accurate copy shall be filed for record in the Office of the Clerk and Recorder of the County. The initial registration shall be effective until December 31 of the year in which it is issued, unless the unit is initially registered after November 15, in which case the registration shall be effective until December 31 of the year after it is issued. d. AEU registration renewal. On a yearly basis, the registration of an .z3R TC Ord 01-10 Page 6 AEU shall be renewed by filing an application for renewal with the Building and Planning Department on or before November 15. To qualify for a registration renewal, the owner of the AEU must verify that the AEU complies with the conditions set forth in Subsection (2), Standards for an Accessory Employee Unit, and that the AEU has been occupied by an AEU employee for at least six (6) months during the previous registration period. Thereupon, the Planning Director shall renew the registration of the AEU until December 31 of the year following the expiration of the current registration. e. AEU conditional registration renewal. In the event that the owner of an AEU cannot meet the conditions for renewal set forth in Subsection (3)d, AEU Registration Renewal, then a conditional registration renewal shall be issued, if the owner agrees to correct the noncomplying conditions prior to July 1 during the conditional registration renewal. The conditional renewal registration of the AEU shall be effective until July 1 of the year following the expiration of the current registration, and shall be automatically extended to December 31 upon timely correction of the non- complying conditions. f. In pection. The Community Development Department shall have an annual daht to inspect the AEU to verify code compliance. At least 48 hours written or verbal notice will be provided to the owner or their authorized agent. R2 owner of the AEU shall also notify the department of any impending sale of the subi%A property and permit an ingI2%tio prior to closina. If the annual inspection had not occurred prior to the scheduled property sale, the closina inspection shall be considered to be the annual inspection. €. g. Failure to register or correct noncomplying conditions. If the owner: 1. Fails to timely complete the construction of an AEU in accordance with the provisions of Subsection (3)a, Completion; 2. Fails to timely comply with the provisions of Subsection (3)d, AEU Registration Renewal; or 3. Has not met the conditions for renewal set forth in Subsection (3)d, AEU_Registration Renewal, at the end of the AEU conditional registration renewal; within thirty (30) days of the existence of the event of noncompliance, or February 1 of the year following the lapse of the current registration, whichever shall first occur, the owner shall remove the kitchen from the AEU; and either: 4: win TC Ord 01-10 Page 7 4. Remove floor area. Remove from the single-family detached dwelling all floor area being part of the AEU unit in excess of the maximum allowable floor area for the lot; or 5. Mitigation fee. Pay to the Town a mitigation fee for elimination of the AEU as an employee housing unit. The amount of the fee shall be calculated by the Planning Director by multiplying the square footage that is in excess of the maximum allowable floor area for the lot by: a) The actual value of the lot including the single-family detached dwelling unit, any accessory building and the land as calculated from the records of the County Assessor, divided by the floor area square footage of the single-family detached dwelling and any accessory building, not including the AEU, as calculated in accordance with the provisions of Section 16A-3-210(b), Measuring Floor Area; or b) In the event that the actual value of the lot including the single- family detached dwelling, any accessory building and land is not available from the records of the County Assessor, then one hundred twenty-five percent (125°/x) of the numeric average of the actual value of all lots including a single-family detached dwelling and land for the subdivision or PUD in which the lot exists as calculated from the records of the County Assessor shall be divided by the floor area square footage of the single-family detached dwelling and any accessory building, not including the AEU; gild c) multiplvina the amount determined above by a factor of two (2). Provided, however, if a change in the actual value of the lot including the principal dwelling unit, any accessory building and land according to the records of the County Assessor occurs within one (1) year from the date of payment of the mitigation fee, then the amount of the mitigation fee shall be recalculated by the Planning Director. The Planning Director shall notify the owner of the amount of the additional mitigation fee, which shall be paid by the owner within thirty (30) days. If the owner paid a mitigation fee in excess of the recalculated mitigation fee, then the Planning Director shall cause the overpayment to be refunded to the owner. TC Ord 01-10 Page 8 c. That Table 3-1, Schedule of uses, is hereby amended to read as follows: a a`� Uses:A=Allowed; SF SF SF SF SF EST DU MF MU MU CC CC PUB CON O S=Special 4 6 15 30 150 PUD PUD PUD S Review; P= Prohibited ResidentialandAcOotmo0dt��tll# Single-Family I A A A A A I A I A A I P A I P P I P I P I P Detached Dwelling' Notes: 1. An accessory caretaker unit(ACUI or accessory employee unit(AEU)may be permitted in conjunction with any single-family detached dwelling, pursuant to Section 16A-3-230,Accessory Employee Units.AEU's Permitted by Section 16A-3-230(21(fl. Pre-existing Dwelling Units. shall reguire special review approval. pursuant to Sections 16A-5230. Special Review. end 16A-3-260. Accessory Emolmee Unit(AEUI Special Review Standards 2. See Section 16A-5-550,Time Share,for applicable standards and submission contents. 3. Conference facilities shall be directly associated with a hotel/lodge or multi-family use. 4. See Section 16A-3-240, Home Occupations,for standards applicable to this particular use. 5. See Section 16A-3-250,Antenna Reception or Transmission Devices,for standards applicable to this particular use. d. That Section 16A-3-260, Accessory Unit Special Review Standards, is hereby added as follows; Section 16A-3-260, Accessory Unit Special Review Standards. A Dr000sed AEU unit oermMed by Section 16A-3-230(2)(fl. Pre-existing dwelling units. a Dr000sed AEU unit beina seven hundred fifty (750) to one thousand (1 000) w arg feet in size or an ACU or AEU unit located above or below a detached aaraae. shall comply with the f011owina standards: 1) Community need. The mulicant has demonstrated that the Dr000sed ce acssory unit halos t0 oromote the gublic Dolicv ouroose an community need to create affordable employee housing. 2) Mass and Scale. The accessory unit will not contain roof confiaurations. internal ceiling heights Or areas Open to the floor below which unnecessarily contribute to the mass and scale of the Dr000sed addition. �dpw TC Ord 01-10 Page 9 3) Snedal Circumstances Exist. The applicant shall satisfactorily demonstrate that special circumstances exist or practical difficulties would occur such that a reasonably sized caretaker unit cannot bg created within or utilize portions of the existing structure. 4) I ncation. The accessory unit shall be carefully situated within the lot so a5 to be appropriate at its proposed location and compatible with the character of surrounding residences in the area. 5) Visibility. The desia of the accessory unit shall be sensitive to its visual impact on neiaUgrina properties. The accessory unit desian shall include. but not be limited to, sensitive choice in placement. screenina with landscapina. sub-grade placement. architectural desian. use of materials and colors or any other effective means that minimize or soften its appearance and visibility on the site. The proposed unit may be dwj_Q if it is determined that the visibility has not been sufficiently reduced. 6) NO adversely affect neighborhood. The approval of the accessory unit shall not. in a substantially adverse manner. chanae the neighborhood character. Nor should R create excessive traffic impacts. It should not have a substantially adverse impact on the land abuttina upon or across th - skeet from the property Mao approved for an AEU. It should not prevent an adequate supply of light or air from reachino adjacent properties. nor should the construction of the unit increase the fire dancer or otherwise endanaer the public safety. e. That Section 16A-2-20, Definitions, is hereby amended as follows: Accessory caretaker unit (ACU) means an area attached to or within a single-family detached dwelling, or above or below a detached aaraae. that is located on a lot zoned for a single-family dwelling. The ACU shall be subject to the provisions of Section 16A-3-230(1), Standards for an Accessory Caretaker Unit. An ACU shall have a separate exterior entrance and shall contain an AEU kitchen, a bathroom and sleeping facilities. Accessory employee unit (AEU) means an area attached to or within a single-family detached dwelling. or above or below a detached aaraae. that is located on a lot zoned for a single-family dwelling. The AEU shall be subject to the provisions of Section 16A-3-230(2), Standards for an Accessory Employee Unit. An AEU shall have a separate exterior entrance and shall contain an AEU kitchen, a bathroom and sleeping facilities. Employee, AEU, for the purposes of determining occupancy of an AEU, TC Ord 01-10 Page 10 shall mean a person aaeatks.a-yeaf. emoloved within the Town at the time of initial tenancy and who shall remain emoloved within the Town or County for a minimum of (6) months a Year. Dwelling unit means any building or portion thereof, used exclusively for residential occupancy, that contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, and is intended for occupancy by a family and its guests, independent of other families or guests. A dwelling unit shall contain only one (1) kitchen and does not include hotels, motels, tents, seasonal vacation cabins, camper trailers or other structures designed for temporary occupancy. A dwelling unit may also be referred to as a dwelling. Any dwelling unit shall be deemed to be a principal building. ADD: Floor area,allowable means the maximum allowed floor area permitted for the lot as specified within Table 3-2, Schedule of dimensional limitations. 2. Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on March 12, 2001 upon a motion by Council Member , the second of Council Member and upon a vote of_ in favor and against. READ, APPROVED AND ADOPTED, as amended, by the Town Council of the Town of Snowmass Village on Second Reading on March 19, 2001 upon a motion by Council Member , the second of Council Member and upon a vote of_ in favor and _ against. TOWN OF SNOWMASS VILLAGE T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk �r Sun Mon Tue Wed Thu Fri Sal 1 2 3 5:30 P.M. Resort Discussions with ASC 4 5 6 7 8 9 10 2:00 P.M. T.C. Mtg. 11 12 13 14 15 16 17 2:00 P.M. 5:00 P.M. 3:00—5:00 T.C. Mtg. EOTC @ VLF Mtg. Q St.Patrick's Aspen City Anderson Day Hall Ranch Casino Night 18 19 20 21 22 23 24 2:00 P.M. T.C. Mtg. Resort Tour Copper,Vail, Beaver Creek 25 26 27 28 29 30 31 SPRING BREAK �3s -April Packet Calendar Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 2:00 P.M. T.C. Mtg. Town Ski Day 8 9 10 11 12 13 14 2:00 P.M. T.C. Mtg. 15 16 17 18 19 20 21 2:00 P.M. T.C. Mtg. 22 23 24 25 26 27 28 29 30 1 Snowman, Vilb p March 12, 2001 To The Snowmass Village Town Council: On behalf of the employees and membership of the Snowmass Village Resort Association, I would like to express our support of the proposed land swap involving Dan MacEachen and Krabloonik Kennels. Krabloonik has long been one of the prime attractions for visitors to Snowmass as well as Aspen. Even though they are not members of the Snowmass Village Resort Association, we have always promoted them in our marketing efforts. It is frequently written about in the regional and national press and is very much a part of what makes Snowmass such a special place. We strongly urge you to approve this action to save this wonderful attraction in our area. Y4ident ly, Ja Pr Snowmass Vil lage Resort Association ' Snowmass Village Resort Association Pate O/fin Bar5566 Snowman Village,Colorado 81615 9701913-1000 Fu 9701923.5466 wuWsnowmaaaillage..rom G;lr'�_J1995 ^1 n:a0 y"65_ya73U H�+_ 3EFO� tifB:CI°_f<:;E PAGE 02 �-tF� �{•�.�.�.4r N.�.�_ �.� Lam., u.,.� 1Q Pn�!Hain :Ixet,Af,cn. Colo-n3o 3Ma • (D:J)9'C.aJJO or (stxl))31•7:2} a FuK (970:925.2,b4 A member or yL -------------------- 3"10`J"LIA1� I WIM P KuM Al 6fft Blazing Paddles • Blazing Pedals • Blazing Trails • Snowmass Whltewater • IT :oncicr, 9 March 2001 Snowmass Village Town Council - Snowmass Village,CO 81615 . Dear Council Members: I wanted to begin with a short personal history of.my relationship to this area. I have been a visitor to Aspen since 1965; a Snowmass Village resident since 1977; and the Director of Group Services at Blazing Adventures since 1989. "Stuart and Dan's..dog's" have been an integrai,part of our community since 1947. There is the lmpoitatit ;tie to the 10'° Mountain'Division; 'Sergeant:Preston, as well as the prestigious,position of..having the largest (and best) working .dog sled team in the country. At 81azing Adventures we proudly sell the dog sled rides, summer and winter dinners at,Krabloonik to our:guests and special*ennel touis'tliat we feature for many of our children's progrSins. itwould be a:personal,disappolntment to be at Toklat and:Asboroft;with Lyntre'and;Isabel Maeey rctelling the history of the dogs, the Mace'.Family'and Krabloonik and.:to finish ths:.tale with the statement that the dogs are now gone-.due to economic pressures:.,-This does not seem like the time for any of the treasures.in,Snowwmass Village to go away. Therefore, I myself a[kd all of us at Blazing Adventures support.the creative efforts of the-Town of Snowmass Village, Dan Mac&cheri, and the residents of The Divide in th lr .work to create any vehicle that will result in Krabloonik Restaurant & KerinB}s being able to remain tr our-cotrirt unity!: Wi'feel Ibis way for the sake of our visitors,our tgwn and'the sense of our history and uniqueness. t' egards Renee Fleisher Director of.Group Services ; PO&Ix 5068 Snowmass Village,CO 8 1615.970/923.4544•FAX v?0!923.4994.1-800.282-RAFT• . . cnc%, vr r u.c 71 wYY1 17 1 ,.-. THE ST.Rr s Ayrn March 11, 3001 - Krabloonik Restaurant& Dog Sledding Showman Village, CO 81615 Mr. Dan MucHachen, It has been brought to ►nv attention that Krobloonik Kennels may be ceasing operation.. I hope that this is Just ideal rumor and not fact. For the pat four years I have worked very closely with the Krabloonik family in my capacity as Head Concierge at the St. Regis and now as VIP Coordinator. Krabloonik has provided a very unique winter activity- dogsledding- that can only be found in limited locations through out the lower 48 states. Always one of the most popular activities and restaurants requested, it would be a shame tf this option were taken from our many guests. Our guest sincerely appreciate the five-star service and experience provided by an outing. ,Since our tack record speaks for itself, the St. Regis will continue to whole- heartily support the activities offered by your establishment. As ski visits continue to slip nation-wide, it is ever more important that we ofer activities that are gear for those who are looking for alternatives. Krabloonik is such an establishment. Thank you for that 4tor est. ers e VIP Coordinator St. Regis Aspen } $'f.RI:CIr nd•4 K N'• " .415 E'as't Drun screa.A.pen, 81611 USA rcl;(970)'920-:6301) Aw(970)925-8198 . lAe 77 eo zIel-rG 'feu f 2o, koe" A4 eat, A& l�fi�e72zfL, C�yt � o mu f xv �l� z GUS Yke G�!?�C f tXUM HSPEN ANIMAL HOSPITAL PHONE NO, 970 925 6803 Mar. 12 2001 08:36AM P1 I flSPEN flNlMfll flOSPITflI - 3��tlo f LVV0w, 1* X00 C-eMSl ✓ r ,_ Q.tAA W) i OA c., •� Pam f r.►a f Z� l�ac, e �e�,: o, be cl N lave Q u&� Q(PP-e CA C, 47 t� �` �� ►-,10,0,,,;k . Z 5� �JCi1'J�Q-�y� i1c G tvii p4 �nh r v� o C)I_A Ce (AA✓I/I CA jA r a lu)ay s d' �Ge Cl UP �i i.✓�A t7 Cv� . p tiD� 0 u ('Ana t 1 e C"'e4 k 6LAf As � +,v e lnas c��J CC,,V-e U get 5 r pC e i C/'e Cl vIel 11-Ie. q LAA Q��""'te ° (�IaH o, ne`f-. .'n G. to we. , to- dnc 4 . 301 AABC r n�rov n1Y1r1Hl_ r+u�rI Ira. PHOIJE NO. 970 925 6803 Mar. 12 2001 08:36AM P2 r -� flSP � N flNIMH � � OSPIIfl � - , sue o� ►Q� cos +- �� �� c,tAAN+ f , +py 0/() (u 7 j p JC�oe?e kb!cro jays Oc�� Crrv�c.� i �C1RAblcxr>~ilL ozoi-4 c �wIAn f Vtn A us 01c -rOgr , 4-- �G✓� Q � l I"C. C���nl�". S l�! a 1f1�Q' r} �, nI�ASe �(A �Gt�, �d-(A hltr011k k �,,o ,� �• I�n1 r� I LAO CC-) jn �lnl A,%CA r rn Q n n 1 J Ii I I ) 301 AABC . . . : I 3-ice -o 11 0' TOWN OF SNOWMASS VILLAGE DEPARTMENT FINANCE (970) 923-3796 Memo Ta Town Council Frorm Marianne Rakowski, Finance Director Through: Gary Suiter,Town Manager Date: 3112101 Re: 2001 Budget"Snapshot"and January Sales Tax Collection After reviewing the year-end financial numbers for the General Fund and upon receiving the sales tax numbers for January 2001, 1 alerted the Department Heads as to my concerns for the 2001 budget year. BUDGET There were many variations between the 2000 budgeted numbers and the 2000 actual numbers. These variations affect the 2001 Funds Available(which are the year-end unappropriated Town funds). For example, 2000 budgeted revenues did not come in as projected, mainly building department revenues and excise taxes. Plus,many departments came in under their 2000 projected expenditures. Historically,the Funds Available number has been budgeted at$200,000 to$300,000 at year-end. The Budgeted 2001 Funds Available number Is$249,473. The Revised 2001 Funds Available number Is $95,1110. The Revised 2001 Funds Available reduction of$154,293 Is based on: ➢ Receiving less revenue than budgeted for 2000 D Spending less in expenditures than budgeted for 2000 ➢ Changes in appropriations at year-end,and D No changes in budgeted operating revenues and expenditures for 2001 Town Council Update March 12,2001 SALESTAXES In addition to the substantial decrease In the 2001 Funds Available,the January 2001 sales tax figures are below budget by the following figures/percentages: 2001 Budget to 2001 Actual ➢ Town Sales Taxes ($35,539-) (19.15%) ➢ County Sales Taxes ($37,984-) (10.54%) There Is likewise, a decrease from January 2000 sales taxes to January 2001 sales taxes as listed below: 2000 Actual to 2001 Actual D Town Sales Taxes ($25,864-) (14.70%) County Sales Taxes ($27,485-) (7.85%) NEXTSTEP Department and Division Heads have been asked to prepare a revised 2001 budget for both Revenues and Expenditures and to turn them Into to me by March 28, 2001. After my review, I will present the Town Council with an updated financial picture for 2001 in April. •Page 2 s TC� MEMORANDUM to: T. Michael Manchester and Town Council Members from: Stephen R. Connor, Town. Attorney Subject: Droste Conservation Easement file no.: TOW-10-26 date: March 16, 2001 At the request of Michael Manchester I have reviewed the provisions of the Droste Contract and Conservation Easement to provide you with a summary of their terms and conditions. Recent correspondence, newspaper articles and letters to the editor have made claims and assertions regarding the easement that are not founded in fact. It is important that you understand the philosophy of the Conservation Easement, and the duties, obligations and rights of the grantors, Peter C. Droste; Peter C. Droste, as Trustee of a Trust for the Benefit of Peter C. Droste, Jr. and Elise Droste under Written Trust Instrument Dated December 25, 1991; Bruce F. Droste; Bruce F. Droste, as Trustee of a Trust for the Benefit of Edward Droste and William Droste, under written trust instrument dated December 25, 1991, hereinafter collectively referred to as the "Droste Interests". Contract to Sell Conservation Easement. The Contract provisions have been fulfilled and merged into the Conservation Easement, Public Trail Easement and Restrictive Covenant executed at the closing. Although the Contract does contain a survival provision, the active portions of the Contract requiring the Town to purchase and the Droste Interests to sell a conservation easement, public trail easement and restrictive covenant were accomplished'at the closing. Therefore,the continuing statements of Peter Droste that the Contract provisions survive the closing and require the Town to pay his attorney fees under certain circumstances are erroneous, as they relate to the Contract specifically. There is no provision in the Contract that contemplates or authorizes a transfer of development rights to any other land and the statements of Mr. Droste are erroneous. Conservation Easement Generally. The Droste Interests granted and conveyed a perpetual conservation easement in gross pursuant to Section 38-30.5-101 et. sea.,C.R.S. over, across and upon their land without reservation. The specific purpose of the Conservation Easement, as referenced in the recitals, was to preserve and protect in perpetuity conservation values which were described as follows: "... critical elk migration corridor, providing elk access across private lands to winter and summer ranges; ... wildlife habitat, open space, scenic and ecological features and values important to the Droste Interests, the residents of Snowmass Village, Colorado, Pitkin County, Colorado, and the people of the State of Colorado ...". T. Michael Manchester and Town Council Member March 16, 2001 Page 2 It is important to understand the statutory concept of a conservation easement in gross to fully understand the scope of the Conservation Easement. To qualify for beneficial federal income tax treatment the grantor of a conservation easement must comply strictly with the statutory enabling provisions required by the Internal Revenue Code. In Colorado a conservation easement in gross is defined statutorily, as follows: 38-30.5-102. Conservation easement in gross. "Conservation easement In gross", for the purposes of this article, means a right in the owner of the easement to prohibit or require a limitation upon or an obligation to perform acts on or with respect to a land or water area or airspace above the land or water owned by the grantor appropriate to the retaining or maintaining of such land, water, or airspace, including improvements, predominantly in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, recreational,forest,or other use or condition consistent with the protection of open land having wholesome environmental quality or life-sustaining ecological diversity, or appropriate to the conservation and preservation of buildings, sites, or structures having historical, architectural, or cultural Interest or value. The Colorado Legislature contemplated that the uses of the underlying land by the owner of the fee interest must be limited to maintain conservation values and easement purposes, as follows: 38-30.5-105. Residual estate.All interests not transferred and conveyed by the instrument creating the easement shall remain in the grantor of the easement, including the right to engage in all uses of the lands affected by the easement which are not inconsistent with the easement or prohibited by the easement or by law. As is true with any easement, the holder of a conservation easement has the right to enforce the rights granted. The enforcement rights of the holder are In addition to those that may be established by the easement agreement. The remedies for the enforcement of a conservation easement in gross as established by the Colorado Legislature include compensation to maintain the conservation values for which the easement was created, and are broadly defined, as follows: T. Michael Manchester and Town Council Members March 16, 2001 Page 3 38-30.5-108. Enforcement - remedies. (1) No conservation easement in gross shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed as running with the land. (2) Actual or threatened injury to or impairment of a conservation easement in gross or the interest intended for protection by such easement may be prohibited or restrained by injunctive relief granted by any court of competent jurisdiction in a proceeding initiated by the grantor or by an owner of the easement. (3) In addition to the remedy of injunctive relief,the holder of a conservation easement in gross shall be entitled to recover money damages for injury thereto or to the interest to be protected thereby. In assessing such damages, there may be taken into account, in addition to the cost of restoration and other usual rules of the law of damages, the loss of scenic, aesthetic, and environmental values. As is evidenced by enabling legislation for a conservation easement in gross,the Colorado Legislature contemplated that the owner of the underlying fee interest would not be entitled to unlimited use of the land. By the creation of a statutory conservation easement in gross the grantor is expressly restricted to use the land in a manner that is consistent with the purposes and objectives of the easement. Authorized Uses. The Conservation Easement specifically contemplates that the Droste Interests will have limited use of the land only as specifically.authorized by the terms and conditions of the Easement, as follows: "Droste Interests Authorized Uses. The following uses and practices are consistent with this Conservation Easement when carried out in the Subject Tract, and are the only uses and practices that may be carried out by the Droste Interests: 1. One(1)access road to the Droste Future Development Lands ... and the Seven Star Ranch ... authorized and approved by the governing body having jurisdiction with the minimum width road surface and a right of way of no more than fifty feet (50) in width and including the right to construct, install, use, T. Michael Manchester and Town Council Members March 16, 2001 Page 4 maintain, repair, improve, reconstruct and replace a road, a bridge, tunnels and underground utilities. The alignment will be sited using the following order of considerations: 1. compliance with the planning and zoning laws of the governing body having jurisdiction, and 2. the least visual impact to users of Brush Creek Road, using natural terrain features, dirt removal and short span bridges, and native landscaping; and 3. minimization of the impact on this Conservation Easement. 2. Passive,non-commercial uses including hunting,shooting,and hiking,horseback riding,cross-country skiing on existing roads and trails by Peter C. Droste and Bruce F. Droste and their descendants,per stirpes. Motorized access by vehicles with no less than four wheels on existing roads. The provisions of this paragraph shall expire when the Droste Interests are no longer the fee owners of the Subject Tract. 3. Cultivation and cropping of hay in the Pasture and the Hay Field ...by the fee owner of the Droste Ranch... including the use of motorized farm vehicles in conjunction with such cultivation and cropping. 4. Grazing on a twenty four(24)hour basis by of no more than six (6) horses in the aggregate, or pasturing on a turn out manner of no more than twelve (12) horses in the aggregate by the fee owner of the Droste Ranch on the Pasture. 5. In conjunction with the grazing and pasturing uses authorized in subparagraph d above, fencing that complies with the Colorado Division of Wildlife standards for smooth wire wildlife friendly fences may be installed in the Pasture. 6. Perform any restoration or improvement measures for the habitat or natural features of the Subject Tract as approved by the Town. T. Michael Manchester and Town Council Members March 16, 2001 Page 5 7. Except as set forth in Paragraph no.9,the Town must approve the granting of additional interests or rights in the Subject Tract by easement, encumbrance,lease,license,restriction or the like. Provided,however,deeds oftrust and mortgages that are subordinate to this Conservation Easement do not require the approval of the Town,but must comply with the provisions of the Paragraph no. 10 by providing the notice required therein." Land Restoration by Droste Interests. A key provision of the Conservation Easement is the mandatory obligation of the Droste Interests to enhance and maintain the land as wildlife habitat. Considerable discussion and negotiation occurred with the Droste Interests, mainly with Peter Droste,regarding the need to enhance and maintain the wildlife habitat and the conservation values. The assumption of the obligations that follow reinforce the core purpose of the Conservation Easement: "Droste Interests Mandatory Obligations. In furtherance of the Conservation Values and the mutual desire of the Droste Interests and the Town to enhance and maintain the Subject Tract as wildlife habitat: 8. The Droste Interests retain all responsibility and shall bear all cost and liability of any kind related to the ownership, operation, upkeep, and maintenance of the Subject Tract,except for conditions resulting from actions of the Town. 9. The Droste Interests shall,keep the Subject Tract free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by the Droste Interests. 10. The Droste Interests shall create and implement a program of reclamation, and restoration for the Hay Field, the Pasture and the Natural Area, described in Exhibit "D", to a viable, healthy condition consistent with the natural agrarian habitat. This reclamation and restoration shall occur utilizing customary United States Agriculture Department Natural Resources Conservation Service guidelines and assistance as employed in the State of Colorado, including without limitation, weed control, plowing or regrading, seeding, a properly functioning irrigation system, including water storage areas as necessary, or other customary pasture management techniques. The Droste Interests shall create a plan for such program of reclamation and restoration requiring full reclamation and completion on or before September 14, 2004, which plan shall be approved by the United States T. Michael Manchester and Town Council Members March 16, 2001 Page 6 Agriculture Department Natural Resources Conservation Service. During the pendency of the program of reclamation and restoration, the United States Agriculture Department Natural Resources Conservation Service shall visit the Hay Field,the Pasture and the Natural Area at least once in the spring and once in the fall to review the progress and to make further recommendations, which recommendations shall immediately be incorporated in the program. After September 14, 2004, the United States Agriculture Department Natural Resources Conservation Service shall visit the Hay Field, the Pasture and the Natural Area at least once in the spring and once in the fall to review their condition and to make recommendations,if necessary,to maintain the condition attained by the program of reclamation and restoration, which recommendations shall immediately be incorporated in the continuing maintenance program. 11. In the event that any standard referred to in subparagraph c, above, is not timely attained or maintained,the Town may,at its option, enter upon Subject Tract to apply the practices prescribed by the United States Agriculture Department Natural Resources Conservation Service to attain the applicable standard. The cost and expense actually incurred by the Town in attaining or maintaining the applicable standard shall be the sole and separate responsibility of the Droste Interests, which cost and expense will be reimbursed to the Town on demand." Access Road Across the Conservation Easement. An access road to the Droste Future Development Lands,which are described in the Conservation Easement and are generally located south of the southern boundary of the Easement, west of 7 Star Ranch,north of Owl Creek Ranch and west of the airport,was contemplated as a use consistent with the conservation values with the express provision that the terms and conditions set forth above were fully complied with. There is no contemplation that an access road can be constructed and installed without complying with the planning and zoning laws of the governing body having jurisdiction,Pitkin County,and minimizing the visual impact of the road from Brush Creek Road and upon the conservation values. Contraryto Peter Droste's assertions, an access road has not been authorized and approved by the terms and conditions of the Conservation Easement. Provision for the construction and installation of an access road has been addressed as a consistent use under the Conservation Easement only. The location of the access road was not determined to allow the Droste Interests flexibility in design of the road. Whether the Droste Interests are or are not able to obtain authorization and approval from Pitkin County to construct and install an access road does not effect the validity of the Conservation T. Michael Manchester and Town Council Members March 16, 2001 Page 7 Easement. W.Droste claims that the Droste Interests are entitled to construct and install an access road. He is correct, but only after complying with the foregoing conditions. The Conservation Easement only addresses the construction and installation of an access road across the land to access the Droste Future Development Lands. The continuation of a road from the access road across the Conservation Easement on the Droste Future Development Lands is not a matter that is within the scope of the Easement as any such road would be"off-site.' The recent application by the Droste Interests to Pitkin County was for approval ofthe Droste Ranch Road 1041 Hazard Review and Conceptual Submission and Droste Ranch Homesite GMQS Exemption, 1041 Hazard Review, Scenic Ridgeline and Conceptual Review which included a driveway from Brush Creek Road to the building site. The predominant portion of the application concerned "development" that is not within the Conservation Easement. The Town in its referral comments to Pitkin County prepared by Jim Wahlstrom properly referred to the applicable provisions of the Conservation Easement relating to the access road and requested the following: "Overall,we recommend that the criteria in the Conservation Easement be followed. In summary, the least visual impact upon the casement and the minimization of the impacts upon the easement and wildlife areas to the greatest extent possible should be demonstrated." I am unable to comprehend how W.Droste can assert that the Conservation Easement has somehow mutated into a preexisting approval of a driveway to a proposed building site on the Droste Future Development Lands. The rights and obligations of both the Town and the Droste Interests are expressly stated in the Conservation Easement in plain language. The Town has not taken any action to prevent the Droste Interests from obtaining approval of an access road, As Mr.Droste frequently reminds the Town,we must abide by the"deal"that is evidenced by the Conservation Easement. In my opinion that is exactly what the Town has done. Transfer of DeyelOpment Rirzhts. The Conservation Easement does not address the issue of development rights and the assertions to the contrary by Peter Droste are erroneous. The Conservation Easement does contemplate that a subdivision of the land could occur under limited circumstances and that the ownership of the land, or an interest therein, may be transferred. The provisions relating to subdivision only contemplate the creation of parcels of land that may include portions of the Conservation Easement, as follows: "Subdivision. No subdivision of a portion of the Subject Tract may occur without the express written consent of the Town at its sole discretion. Provided, however, the Droste Interests may combine by subdivision or in any other manner,all or a portion I T. Michael Manchester and Town Council Members March 16, 2001 Page B of the Subject Tract with each of no more than eight (8) parcels of land,of no less than thirty five(35)acres each,created from the Droste Future Development Lands. Any such combination of lands shall not alter the terms and conditions of this Conservation Easement." This provision was included in the Conservation Easement to provide the Droste Interests with flexibility in planning the functional use of the Droste Future Development Lands. Although not development rights,the Conservation Easement also contemplates ownership transfers of the land, as follows: "Subsequent Transfers. The Droste Interests agree to incorporate the terms of this Conservation Easement in any deed of other legal instrument by which they divest themselves of any interest in all or a portion of the Subject Tract. The Droste Interests further agree to give the Town written notice of the transfer of any interest at least twenty(20)days prior to the date of such transfer, including the transferee's name,address and telephone number. The failure of the Droste Interests to perform any act required by this paragraph shall not impair the validity of this Conservation Easement or limit its enforceability in any way." The plain reading of the Conservation Easement does not disclose any provisions relating to development rights on or transferrable to the Droste Interests the Droste Future Development Lands. Most likely, Mr. Droste has confused the terms and conditions of the County Conservation Easement to the west, with the terms and conditions of the Conservation Easement. The County Conservation Easement does authorize a limited transfer of development rights to the Droste Future Development Lands. Enforcement of the Conservation Easement. Peter Droste asserts that the Town must pay the Droste Interests' attorney fees to enforce his interpretation of the provisions of the Conservation Easement. As with other assertions of Mr.Droste,it is factually unfounded and is erroneous. The Conservation Easement describes methods of enforcement of the Easement against the Droste Interests in detail,as the potential for an event of default would most logically be attributable to the Droste Interests,as the interest of the Town is mainly passive. The areas that could be enforced by the Droste Interests are actions by the Town in excess of its affirmative rights or in prohibiting the exercise of the uses and practices authorized to the Droste Interests. In the event that such an occurrence of an event of default by the Town,the Conservation Easement provides a remedy for the Droste Interests in subparagraph c. To understand the enforcement procedure generally,the remedies are as follows: T. Michael Manchester and Town Council Members March 16, 2001 Page 9 "Enforcement of Rights. 12. In the event of a violation by the Droste Interests or a third party of any term,condition,covenant,or restriction contained in this Conservation Easement, the Town shall give the Droste Interests notice of such violation, describing the violation and making demand that the violation cease and be remedied. If, after ten (10) days of such notice, the violation has not been corrected or the prohibited use terminated, and any damage to the Subject Tract remedied and the Subject Tract restored, or steps taken to ensure the swift restoration of the property, the Town may enjoin by temporary or permanent injunction such violation and/or institute a suit for damages for breach of covenant,or may take such other action as it deems necessary to insure compliance with the terms, conditions, covenants, and purposes of this Conservation Easement;provided,however,that any failure to so act by the Town shall not be deemed to be a waiver or a forfeiture of the right to enforce any term, condition, covenant, or purpose of this Conservation Easement in the future. Should the breach of this Conservation Easement be an impermissible conveyance of water rights in violation of the provisions hereof, such conveyance shall constitute a fraudulent land transaction and shall be grounds for the Town to void the transfer or sale. 13. The Droste Interests further intend that should any use in violation of this Conservation Easement be undertaken on the Subject Tract, the Town shall have the right to cause the restoration of that portion of the Subject Tract affected by such activity to the condition that existed prior to the undertaking of such prohibited activity. In such case,the cost of such restoration shall be home by Droste Interests,their successors or assigns. Nothing contained herein shall be construed to preclude the Droste Interests from exhausting legal remedies in determining whether the proposed activity to which the Town has objected is consistent with this Conservation Easement. 14. Any costs incurred by the Town in enforcing the terms of this Conservation Easement against the Droste Interests, including without limitation, costs of suit and reasonable attorneys' fees, even in the event that the Town secures redress without a completed judicial proceeding, and any costs of restoration necessitated by violation of the terms of this Conservation Easement,shall be repaid upon demand by the Droste Interests. If the Droste Interests prevail in any action to enforce the terms ofthis Conservation Easement, the costs ofsuit, including, without T. Michael Manchester and Town Council Members March 16, 2001 Page 10 limitation, reasonable attorneys'fees of the Droste Interests, shall be paid by the Town (emphasis added).If a party voluntarily dismisses an action,a reasonable sum as attorneys' fees shall be awarded to the other party. 15. Nothing contained in the Conservation Easement shall be construed to entitle the Town to bring any action against the Droste Interests for any injury to or change in the Subject Tract resulting from causes beyond the control of the Droste Interests, including , without limitation, fire, flood, storm, and earth movement, or from any prudent or good faith action taken by the Droste Interests under emergency conditions to prevent, abate, or mitigate significant injury to the Subject Tract and/or the Droste Lands resulting from such causes. 16. Notwithstanding any other provision hereof to the contrary, upon a transfer to a third party of the Droste Interests's interest in the Subject Tract, the rights and obligations of the Droste Interests under this Conservation Easement shall automatically pass to said third party, and the Droste Interests shall have no further rights or responsibilities hereunder,except that liability for acts or omissions occurring prior to such transfer shall survive transfer." The plain reading of the Conservation Easement does provide the Droste Interest's with a remedy to enforce the provisions of the Easement. There is no provision for forfeiture of the Town's interest in the Conservation Easement due to an event of noncompliance with the provisions of the Easement contrary to the assertions of Mr.Droste. The sole expressed remedy of the Droste Interests appears is to seek compliance with the provisions of the Conservation Easement. To seek a forfeiture of the Conservation Easement,the Droste Interests must concoct a remedy at law or in equitywhich would allow for such a result. As the overriding purpose of the Conservation Easement is to protect the stated conservation values and not to insure that the Droste Interests may install and construct an access road or develop the Droste Future Development Lands, I am unable to speculate on the existence of any such remedy at law or in equity. Due to the importance of the Conservation Easement to the.Town and purportedly to the Droste Interests, the Easement expresses the manner in which its terms and conditions must be interpreted and effectuated, as follows: "Interpretation. The provisions of this Conservation Easement shall be liberally construed to effectuate their purpose of preserving and protecting the Conservation Values of the Subject Tract. No remedy or election given by any provision in this Conservation Easement shall be deemed exclusive unless so indicated,but it shall, T. Michael Manchester and Town Council Members March 16, 2001 Page 11 wherever possible, be cumulative with all other remedies at law or in equity. The parties acknowledge that each party and its counsel have reviewed and revised this Conservation Easement and that no rule of construction that ambiguities are to be resolved against the drafting party shall be employed in the interpretation of this Conservation Easement. In the event of any conflict between the provisions of this Conservation Easement and the provisions of any use and zoning restrictions of the State of Colorado,or the governmental entity with jurisdiction,the more restrictive provisions shall apply. This Conservation Easement shall be interpreted in accordance with the laws of the State of Colorado.- By its plain language,the Conservation Easement is to be interpreted to preserve and to protect the stated conservation values. Valuation of Conservation Easement. Peter Droste has stated that the Droste Interests sold the Conservation Easement to the Town at a price that was below its actual fair market value of $12,000,000.00. In conjunction with the acquisition of the Conservation Easement, the Town employed Mark S.Weston,Certified General Appraisal,ofthe firm ofHunsperger&Weston,Ltd.to prepare an appraisal to determine the market value of the Conservation Easement,the Public Trail Easement and the Restrictive Covenant. The appraisal was prepared in compliance with the Uniform Standards of Professional Appraisal Practice(1999). Mr.Weston determined that the market value of the Conservation Easement,the Public Trail Easement and the Restrictive Covenant collectively to be $7,950,000.00. The Town is unaware of any competent appraisal that values of the Conservation Easement, the Public Trail Easement and the Restrictive Covenant collectively in excess of the value determined by Mr. Weston. The Town paid the Contract price of$7,500,000.00 for the Conservation Easement, the Public Trail Easement and the Restrictive Covenant. To the extent that the value determined by Mr.Weston is greater than the Contract price is evidence that the Town made a good deal for the easements and the covenant. To the best of my understanding the Town is in full and complete compliance with the intent and the specific provisions of the Conservation Easement. TOWN COUNCIL COMMUNIQUE Meeting Date: March 12, 2001 Presented By: Stephen R. Connor, Town Attorney Subject: ORDINANCE No. 9, SERIES OF 2001 AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF THE CODE OF ETHICS AS SET FORTH IN CHAPTER 2 ARTICLE V OF THE MUNICIPAL CODE. Overview: The Ordinance has been amended to the reflect the format and content that you approved at first reading. Recommendation: Adopt the Ordinance on second reading. �I TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 9 SERIES OF 2001 AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF THE CODE OF ETHICS AS SET FORTH IN CHAPTER 2 ARTICLE V OF THE MUNICIPAL CODE. WHEREAS, at the request of Council Member Mordkin, the Town Council has reviewed the provisions of the Code of Ethics; and WHEREAS,the Town Council considered revisions to the Code of Ethics at a work session occurring on February 12, 2001; and WHEREAS,the Town Council has determined that certain amendments to the Code of Ethics are required to clarify the duties and responsibilities of Town Officials as fiduciaries of the public trust; and WHEREAS,the Town Council finds thatthe adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: 1. Code of Ethics Amendments. The provisions of the Chapter 2, Article V of the Municipal Code are hereby amended and restated, as follows: a. Section 2-93 Prohibition against gifts and favors. No official or employee shall accept any valuable gift, service, loan, favor, thing of value, promise or other valuable consideration, as defined in Section 24-18-104 (2) and (3), C.R.S., from any person or entity which may tend to influence the discharge of official duties or give the appearance of undue Influence. b. Section 2-97 Representation of Private Interests. No official or employee shall appear on behalf of a personal or private interest before the Town Council, any commission or board of the Town, any department of the Town or the Municipal Court without the prior approval of the Town Council expressly set forth in a resolution. No then seated Town Councilperson may appear at or before the Town Council, any commission or board of the Town, either in person, by written means, or in any other manner, for the purpose of espousing a position for or against any matter pending before said Town Council, commission or board of the Town. c. Section 2-101 Related Parties. The appearance of a person related to a member of the Town Council, any commission or board of the Town, before said Town Council, commission or board of the Town, either in person, in writing, or in Ordinance No. 9, Series of 2001 Page 2 any other manner, for the purpose of espousing a position for or against any matter then pending before said Town Council, commission or board of the Town, is to be strongly discouraged. Should any such related person appear, in any manner, before such Town Council, any commission or board of the Town,then the member whose above stated related party so appears, should strongly consider recusing himself or herself form further proceedings concerning said matter, 2. Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on March 5, 2001 upon a motion by Council Member Mordkin, the second of Council Member Purvis, and upon a vote of 4 in favor and 0 against, Council Member Mercatoris absent with prior authorization. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on Second Reading on March 12, 2001 upon a motion by Council Member_,the second of Council Member and upon a vote of in favor and _ against. TOWN OF SNOWMASS VILLAGE T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk