Loading...
03-19-01 Town Council Packet TC T K�T pie aw c.•.3 PACO'kck SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING 03-19-01 CALL TO ORDER AT 2:00 P.M. Item No. 1: ROLL CALL DISCUSSION AGENDA Item No. 2: 2:00 P.M. — DISCUSSION WOODRUN RESIDENTIAL TRASH ISSUE -- Hunt Walker..................Page 1 (Tab A) Item No. 3: 2:30 P.M. - DISCUSSION REQUEST FOR FUNDING COMMUNITY PICNIC/ SUMMER RODEO -- Bill Burwell ....................Page 4 (Tab B) Item No. 4: 3:00 P.M. - DISCUSSION PARCEL "N" OWNERS DISCUSSION -- Joe Coffey.....................Page 6 (Tab C) 3:50 —4:00 BREAK Item No. 5: PUBLIC NON-AGENDA ITEMS (5-Minute Time Limit).................................. REGULAR AGENDA Item No. 6: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 05, SERIES OF 2001 CONSIDERATION OF AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF CHAPTER 16A OF THE SNOWMASS VILLAGE MUNICIPAL CODE RELATING TO THIRTY PERCENT(30%) SLOPES, RE-APPLICATION RESTRICTIONS AND GARAGE DIMENSIONAL LIMITATIONS. -- Chris Conrad.................Page 8 (Tab D) t 03-19-01 tc Page 2 Item No. 7: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 10, SERIES OF 2001 CONSIDERATION OF 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. -- Chris Conrad.............Page 13 (Tab E) Item No. 8: DISCUSSION DROSTE CONSERVATION EASEMENT (Memo from Steve Connor to be e-mailed and distributed at the meeting) -- Michael Manchester/Steven R. Connor ... ............................(No Packet Information) Item No. : SECOND READING — ORDINANCE NO. 03, SERIES OF 2001 CONSIDERATION OF AN ORDINANCE GRANTING THE SNOWMASS VILLAGE HOUSING DEPARTMENT CONDITIONAL AUTHORIZATION TO COMMENCE CERTAIN CONSTRUCTION ACTIVITIES WITHIN PARCEL N, FARAWAY RANCH GROSS PARCEL PLAT -- Chris Conrad.............Page 35 (Tab F) .................................(Tab J, for Attachment) Item No. 10: DISCUSSION MALL SIGNAGE — Gary Suiter................Page 52 (Tab G) Item No. 11: DISCUSSION COMMITTEE REPORTS/COUNCIL COMMENTS/STATUS REPORT ..................................Page 54 (Tab H) Item No. 12: CALENDARS ...........................................Page 61 (Tab 1) Item No. 13: 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. TOWN COUNCIL COMMUNIQUE Meeting Date: 3/19/01 Agenda Item: Woodrun Residential Trash Issue Presented By: Hunt Walker Gary Ross Dave Ogren Core Issues: • Option B (existing site) vs. new site (Wood Rd./Village Run Circle) • Curbside collection vs. Residential drop off • Cost General Info: Last Tuesday staff presented Option B,the Council's preferred alternative, to representatives of the Woodrun 5 Homeowners Association. Woodrun 5 still prefers that the Town move the dumpster shed off of their property, but they did offer another site on their property that had been previously rejected. After all of us visited the site, on the Northwest comer of Wood Rd. and Village Run Circle, we concluded that it would work reasonably well but the site would cost more to develop (see Gary Ross's attached memo). Gary will be at the meeting Monday to present a conceptual site drawing of the new site. Staff conducted a preliminary analysis of instituting curbside collection in the Woodrun subdivision, and concluded we could serve the area using existing equipment. Alpine Lane is the only road that could present access problems on a snowy day in the winter; therefore, a four-wheel drive pick up would be used to serve the three homes on that road when necessary. It would only take an extra hour per week to provide curbside service in Woodrun, and that can be absorbed with existing staff. Listed below is a revenue and cost forecast: Description Homes Annual Rate Total Projected curbside revenue 111 $219.32 $24,345 Current Drop Off Revenue 111 $182.74 $20,284 $4,061 Capital Cost for Containers 111 $77 $8,547 I ' / Dave Ogren, the Solid Waste Supervisor, will be at the meeting to answer questions about curbside trash collection. CURBSIDE SEREVICE Pros Cons Volume Based Neighborhood Resistance Recycle Incentive Wildlife Officers against Trash generator responsible No building maintenance No hazardous materials No illegal or construction trash Council Options: 1. Option B at existing site 2. New site at Villager Run Circle 3. Curbside trash collection Staff Staff recommends Option 3, curbside service, only if wildlife and Recommendation: bear concerns can be mitigated. If the Council wants to pursue this option, staff will need to talk to Kevin Wright, our animal control officers, and other wildlife/trash experts. In addition instituting curbside service in Ridge Run would be the logical next step. There are two reasons why staff recommends the curbside option. First, curbside service meets our volume-based goal as outlined in the 1993 Solid Waste ordinance. Currently the Woodrun, Ridge Run, Melton Ranch,Divide, Two Creeks, and the Pines subdivisions are not in compliance with our Solid Waste ordinance. Second, it transfers the responsibility of trash disposal from the Town to the trash generator, as it is with our current curbside,rear load, and roll off customers. If Council chooses Option 1 or 2, either site will work. 000, 0000' ---- Mar 15 01 11302a 970 920-6994 P. 1 MEMORANDUM via faelmlle To: Hunt Walker From: Gary Ross Date: 3/15/01 RE: Wood Road Container Shed HUNT - Per our discussion I have gone ahead and put together a conceptual drawing for a container shed at the intersection of Wood Road and Village Run circle. 51nce there Is no survey Information on this site I Just used my best guess as to the actual Intersection configuration and the location of the actual R.O.W. Without precise Information It is difficult to really estimate the cost of using this site but I will point out some of the Issues. 1. This site does appear to work reasonably well and I believe that the road connections might be somewhat flatter than the existing site. There is also slightly less pavement on this plan then at the lower location. 2. This site will probably require more land. This is mainly due to the fact that there needs to be a reasonable distance between the driveway tie-In to Village Run Circle and the main intersection. I estimate that this site might require 4,250 of as opposed to the 2,-100 of estimated at the existing site. S. The retaining wall at this site is approximately the same length as the one at the existing site but will probably be an average of 3 to 4 feet taller. The visibility of this wall will be much less however, so lesser cost materials could probably be used. Unfortunately, since the retaining wall holds up the road and this is the area where people will be moving about, we will need a guardrail at the top of the wall. I would guess that between the wall increase and the rail, there would be an addition of $20.000 to $30,000 for this Item. 4. The real unknown with this site Is the cost of bringing in structural fill to build up the platform. A real rough guess would be that It might take approximately 650 cy to bring It up. You probably have as good an Idea as I do as to the value of that work. 5. The cost of landscaping this slte could be less here than at the lower site If you assume that you would either move or replace the spruce trees that are Impacted by the lower site design. At this site I would assume that we would do no landscaping on the downhill side of the retaining wall since the existing aspen grove should provide screening. I hope this Information Is helpful. ° THE ROSS PARTNERSHIP, P.C. ARCHITECTURE& PROJECT.MANAGEMENT .. ... •.Y., r..L ,tn allil 970 920-6980 . Fax 9206991 email lrP®wprb.nel WILLIAM E. BURWELL Direct Line (970) 923-8200 President & Chief Executive Officer Memorandum h To: Snowmass Village Tow Co)'cil From: Bill Burwell (� Date: March 15, 2001 Re: Fourth of July Community Picnic Discussion and Funding Request Last week several concerned citizens met to discuss the continuation of the community picnic. A few years ago,the Fourth of July fell on a Rodeo night and the community held a barbecue, rodeo, Snowmass Village Town parade, and fireworks. We fed 1,785 people a full barbecue, invited them to a free rodeo, and,of course, enjoyed festive Fourth of July fireworks. The Rodeo grounds provided both the place for a community picnic of that size as well as food and beverage facilities. The Fourth of July again falls on a Rodeo night this year. To redo that special community picnic,the following costs are anticipated: 1) barbecue--2,000 people at $12 a person, for a total of $24,000, 2) sodas and beer—$2000 3) fireworks—$5000, 4) rodeo—$6000, 5)band/music--$2000, We anticipate a total cost of$39,000. Of course, this does not include the volunteers that are needed for the Fourth of July parade, the band, fireworks, etc. I would like to suggest that we ask the Snowmass Village Resort Association for $17,000, the Town of Snowmass Village for$20,000, and prominent business such as the Ski Company for$5000 for the fireworks. The Rodeo will contribute the costs associated with the rodeo,plus the use of the facilities, including setup and cleanup, etc. The Town is the second stop on the funding request and this is offered for your discussion for March,19th. Thank you for your consideration. ole V4000, THE SILVERTREE HOTEL • WILDWOOD LODGE •VILLAGE PROPERTY MANAGEMENT CONDOMINIUMS Post Office Box 5009•Snowmass Village,CO 81615•(970)923-3520•(970)923-5185 Facsimile `% 4K, dooea cor�e�, sett Pnosos,°o�pes Memorandum To: Snowmass Village Town Council From: Snowmass Village Rodeo�U Date: March 15, 2001 l Re: Snowmass Village Rodeo Funding I respectfully ask that the Town Council again fund the Snowmass Village Rodeo. I hope that the town will match last year's contribution of$30,000 and up to $10,000 in in-kind service. This money, if received, will be used to: • assure the added money is equivalent to last year. • make needed repairs to bleachers and arena; last year,we anticipated the sale of the rodeo, and thus there is some deferred maintenance that needs to be done to make the arena, bucking shoots, and roping shoots safer for wranglers and spectators. • the in-kind contribution of up to $10,000 will be used primarily as it was last year, i.e., to correct the problems caused by the construction of the sewer line which resulted in significant water table adjustments on the property. At the end of the rodeo season, we will provide the Town with an itemized distribution of the $30,000. Thank you for your consideration. We hope that the Town of Snowmass Village will participate with us in making every attempt to preserve our western heritage through the continuance of the Snowmass Village Rodeo. 000,!!;Op/ The Rodeo Company A.O. Sox 6009/8786 Brush Creek Road * Snowmass Village, Colorado 81016 (970)988-4488 * (970)928-6186 Paest-He TOWN COUNCIL COMMUNIQUE Meeting Date: March 19, 2001 Agenda Item: Parcel 'N' Prospective Buyer Report and Owners Meeting Presented By: Joe Coffey Core Issues: 1. Number of prospective buyers 2. Begin Parcel 'N' construction? General Info: 1. A meeting for the prospective Parcel 'N' buyers was held in the Town Council Chambers on Tuesday, March 13. The large attendance of prospective buyers was overwhelming as there were 75 to 80 people packed into the Chambers. I have to say this was the largest number of people I have ever seen in the Council Chamber. The public support for this project is very strong. A prospective buyers questionnaire was distributed to meeting attendees and part of the information received is listed below. Total questionnaires received: 69 Do you work 8 months or more, full time, a year in Snowmass Village? Yes 68 No 1 Can the Housing Department assume that you are a serious and qualified purchaser for a Parcel 'N' unit? Yes 59 No 7 Don't know 2 No response 1 What size unit would you prefer? 2 bedroom 28 3 bedroom 36 Either 3 Unsure 2 Can you pre-qualify for a$215,000 to $250,000 mortgage? Yes 55 No 4 Unsure 10 If the application process were held before the construction is completed, and you were awarded a unit, would you pay a $1,000 deposit towards the purchase price to reserve a unit? Yes 66 No 2 No response 1 .b Would you purchase a Parcel 'N' unit today if this project were finished? Yes 56 No 2 No response 5 Unsure 6 The questionnaire responses arc very positive about Parcel 'N' and I feel this project will be very beneficial to the Town's Employee Housing program. Many qualified Snowmass Village employees attended this meeting and I believe these units will sell very quickly. 2. The Development Team and contractor have been planning a springtime ground breaking for Parcel 'N'. Norris Construction is ready to negotiate a contract and begin work in April once this project is approved. Marianne has told me that the financing is available and all she needs is Council direction to secure the funds. The Development Team and John Mechling, of CTL/Thompson,will be present for the second reading of the Parcel 'N' Excavation Ordinance today. All Town Council Parcel 'N' construction questions and concerns should be addressed later today. More information will be provided during the 2nd reading of the excavation ordinance so the Council can determine later today if a springtime construction is appropriate. Council Options: Decide if the Parcel 'N' construction should begin this spring or later this year. Staff Recommendation: Staff recommends a springtime start to save money and to provide new housing to Village employees in the spring of 2002. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL PUBLIC HEARING WHEN: MARCH 19, 2001 WHERE: SNOWMASS VILLAGE TOWN COUNCIL CHAMBERS 2ND FLOOR, SNOWMASS CENTER 0016 KEARNS ROAD, SNOWMASS VILLAGE WHY: TO RECEIVE PUBLIC COMMENT ON: ORDINANCE NO. 05, SERIES OF 2001, AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF CHAPTER 16A OF THE SNOWMASS VILLAGE MUNICIPAL CODE RELATING TO THIRTY PERCENT(30%) SLOPES,RE-APPLICATION RESTRICTIONS AND GARAGE DIMENSIONAL LIMITATIONS. TIME: AT A MEETING WHICH BEGINS AT 4:00 P.M. THE EXACT TIME OF THE HEARING WILL BE DETERMINED BY THE AGENDA. CODE: THIS APPLICATION WILL BE PROCESSED AS AN AMENDMENT TO THE TEXT OF THE LAND USE AND DEVELOPMENT CODE, PURSUANT TO SECTION 16A-5-210 OF THE SNOWMASS VILLAGE MUNICIPAL CODE. INFO: A COPY OF THE PROPOSED AMENDMENTS IS ON FILE AND AVAILABLE FOR REVIEW IN THE SNOWMASS VILLAGE COMMUNITY DEVELOPMENT DEPARTMENT AT THE ABOVE ADDRESS. FOR FURTHER INFORMATION CALL 923-5524. Trudi Worline, Town Clerk Posted and Published in the Snowmass Sun on 02/21/01 TOWN COUNCIL COMMUNIQUE Meeting Date: March 19, 2001 Agenda Item: Public Hearing and Second Reading: Ordinance No. 05, Series Of 2001, an ordinance amending and restating certain provisions of Chapter 16A of the Snowmass Village Municipal Code relating to thirty percent (30%) slopes, re-application restrictions and garage dimensional limitations. Presented By: Chris Conrad, Planning Director Core Issues: The amendment to Section 16A-4-50(d)(4), Other circumstances, still requires that the Town Council find that the proposed development is "unable"to avoid the steep slopes. Discussion during first reading on February 19 concerned whether that standard should be changed. General Info: The Planning Commission recommended approval at their March 7 meeting. While the majority of the members believe that Section 16A-4-50(d)(4) should retain the standard requiring that the applicant must demonstrate that they are "unable" to avoid the steep slopes, possible replacements for the term were offered: • "avoiding the steep slopes would be unpreventable" • "unavoidably able, due to practical design considerations," • "unable, due to unique conditions encountered on-site," "the development would face exceptional practical difficulties if entirely avoiding the step slopes" Council Options: 1) Give second reading approval of the ordinance as written or as may be amended during the meeting. 2) Refer all or portions of the proposed amendments back to the Planning Commission for further consideration. Staff Staff recommends second reading approval as may be amended Recommendation: during the meeting. 9/ PAuser\cconrad\MS Word Docs\Misc Code Amendments\Ord 01-05 Chpt 16A Amendments TCMemo02.doc TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 05 SERIES OF 2001 AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS OF CHAPTER 16A OF THE SNOWMASS VILLAGE MUNICIPAL CODE RELATING TO THIRTY PERCENT (30%) SLOPES, RE-APPLICATION RESTRICTIONS AND GARAGE DIMENSIONAL LIMITATIONS. 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 when development could occur on thirty percent (30%) slopes, restricting re- applications and clarifying the garage floor area exemption; and WHEREAS, staff has prepared this ordinance to formalize the amendments; and WHEREAS, the Planning Commission reviewed the amendments and made their recommendations to the Town Council during meetings occurring on January 17 and 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(6)(1) and 16A-5-210(C)(6) of the Municipal Code; and WHEREAS, the public hearing was held on that date in order to receive public comment concerning the proposed amendments; and WHEREAS, the Town Council has considered 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 /16 000, TC Ord 01-05 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-4-50(d)(4), Other circumstances, is hereby amended and restated as follows: (4) Other circumstances. The Town Council may authorize development on slopes greater than thirty percent (30%) in circumstances not listed above if at least three-quarters (%) of the members of the Town Council present and voting approve an ordinance finding that: a) the development is unable to avoid the steep slopes, and the reasons therefore, and b) on the basis of competent engineering or geologic reports and data and testimony received, the design and or construction techniques that will be incorporated within the development will satisfactorily mitigate the risk of potential harm to the public health, safety or welfare. b. That Section 16A-4-50(d)(5), Engineer's Opinion, is hereby amended and restated as follows: (5) Engineer's opinion. For the Town to allow development under any of the above circumstances, the applicant shall provide an opinion from a professional geotechnical engineer licensed in the State stating that: a) the slope is not prone to instability or failure; or, b) the proposed development will not cause greater slope instability or increase the potential for slope failure, and that therefore, there will be no significant risk that damage to adjacent property will result from the proposed construction. C. That Section 16A-5-70(4) is hereby renumbered to be Section 16A-5-70(5) and that a new Section 16A-5-70(4), Re-application, is hereby added as follows: 4/ 1 TC Ord 01-05 Page 3 (4) Re-application. An applicant may not resubmit an application for a project having been denied by a decision-making body for a period of one (1) year from the date when said action was taken, unless there has been a clear, substantial and material change in the conditions or circumstances affecting the subject parcel and the surrounding neighborhood that support reconsideration or where the new application substantively amends the project so as to essentially constitute a new development proposal. d. That Section 16A-3-210(B)(2)(b)(1), Garage, is hereby amended to read as follows: (1) Garage. Garage space that is intended for storage of motor vehicles and is completely enclosed shall be excluded from the floor area calculation, up to a maximum of three hundred fj&(390.) square feet for a single car garage, and up to &W seven hundred (699) aM square feet for a two (2) or more car garage. The maximum garage exclusion for any lot is seven hundred (700) square feet. 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, as amended, by the Town Council of the Town of Snowmass Village on First Reading on February 19, 2001 upon a motion by Council Member Mercatoris, the second of Mayor Manchester, and upon a vote of 4 in favor and 0 against. Council Member Virtue was absent. 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 ATTEST: T. Michael Manchester, Mayor Trudi Worline, Town Clerk TOWN OF SNOWMASS VILLAGE TOWN COUNCIL PUBLIC HEARING WHEN: MARCH 19, 2001 WHERE: SNOWMASS VILLAGE TOWN COUNCIL CHAMBERS 2ND FLOOR, SNOWMASS CENTER 0016 KEARNS ROAD, SNOWMASS VILLAGE WHY: TO RECEIVE PUBLIC COMMENT ON: 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. TIME: AT A MEETING WHICH BEGINS AT 4:00 P.M. THE EXACT TIME OF THE HEARING WILL BE DETERMINED BY THE AGENDA. CODE: THIS APPLICATION WILL BE PROCESSED AS AN AMENDMENT TO THE TEXT OF THE LAND USE AND DEVELOPMENT CODE,PURSUANT TO SECTION 16A-5-210 OF THE SNOWMASS VILLAGE MUNICIPAL CODE. INFO: A COPY OF THE PROPOSED AMENDMENTS IS ON FILE AND AVAILABLE FOR REVIEW IN THE SNOWMASS VILLAGE COMMUNITY DEVELOPMENT DEPARTMENT AT THE ABOVE ADDRESS. FOR FURTHER INFORMATION CALL 923-5524. Trudi Worline, Town Clerk Posted and Published in the Snowmass Sun on 02/21/01 � 3 ' TOWN COUNCIL COMMUNIQUE Meeting Date: March 19, 2001 Agenda Item: Public Hearing and Second 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: The left hand margin of the ordinance contains a hand- written number corresponding to the particular core issue listed below. 1) Size. Staff recommends that this language requiring special review for any AUE greater than 750 sq. ft. in size remain. Without this provision, a 4,500 sq. ft. house could have a 1,000 sq. ft. AEU without special review if 550 sq. ft. of allowable floor area were used. The potentially two bedroom AEU would involve 20% of the total structure and potentially impact or change the character of the surrounding neighborhood. 2) Pre-existing dwelling units. Does the proposed language reflect the direction given at the March 12 meeting? 3) No short-term rental. Do you want this to remain at a minimum six (6) month term? It really does not relate to the occupancy requirement. 4) Occupancy. You asked that changes be made to the code in order to lessen the period of time a unit could be vacant. As the code exists, a unit could be vacant for up to eight (8) consecutive months. 5) AEU conditional registration renewal. As proposed, the language will require abatement of an occupancy or other problem much sooner than the current code requirement; however, it will require more staff time to administer as the compliance deadlines occur throughout the year rather than on a single fixed date. P:\user\cconrad\MS Word Docs\Misc Code Amendments\Or 01-10 Chpt16A Amendments TCMemo02.doc .� .00 6) Staff would appreciate having the opportunity to fully explain the Planning Commission's recommendation that the ACU and/or AEU provisions allow one (1) accessory unit within a DU Duplex lot. This provision would affect sixteen (16) duplex zoned lots located along North Ridge Lane. The maximum floor area for each is 4,500 sq. ft. and only eight (8) of the units exceed what the maximum floor area limit would have been were they to have been single family residences within the SF-30 zone district as is the rest of the lots within Ridge Run I Subdivision. The eight (8) duplexes can only exceed the SF-30 floor area limit by an average of 188 sq. ft. or 4% of the maximum allowed floor area that would have applied had they been zoned for single family rather than duplex structures. The other eight (8) lots have an identical maximum floor area limit as would have applied in the SF-30 zone district. The Limited Excise Tax provisions do not apply to these lots. General Info: This item received first reading approval on March 12. Staff was directed to amend the ordinance for review at this meeting. The enclosed ordinance only shows changes made subsequent to first reading. Please refer to the Communique Supplement for a complete "marked- up" code set showing all changes that have been made to the current code provisions. The supplement also provides a staff response to three questions that came up during first reading regarding parking, excise tax floor area and existing AEU's containing calculable floor area. Council Options: 1) Give second reading approval of the ordinance as written or as amended at the meeting. 2) Table this item and direct staff to amend the ordinance prior to second reading. Staff Staff recommends second reading approval of the Recommendation: ordinance as may be amended during the meeting. P;1eseAmnrachMS Word DocsWlisc Code Amendments0rd O110 Chpt16A Amendments TCMemo02.doc COMMUNIQUE SUPPLEMENT Accessory Units March 19. 2001 TC Meeting The following text contains all amendments to the existing code. Text proposed to be deleted has been stricken (st€isk®a) and new text is double underlined 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; installed-ia 1) constructed as Dart of a single-family detached dwelling;* 2) located above or below a detached garage: Q") permitted as a ore-existing dwelling unit within a single-family detached or two-family dwelling. dwallingr subject to compliance with the provisions of this Section. An ACU or AEU located above or below a detached aarpoe shall require special review approval pursuant to Section 16A-5-230. soecial 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 Ift (394) L= square feet a*- = 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 acquired under the Limited Excise Tax provisions as set forth in Article A. Chapter A. of the Municipal Code• 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 the primary means of access to the A&U Awl . 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: i. The lot owner has submitted architectural drawings reflecting the "As-Built" condition defining the ACU uait. 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 tip Chanter 18 of the Municioal Code 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 T~ 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 wait 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 et 1' that such nonconformity may be determined to be minor in nature or that compliance would be impractical and would cause an 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 upit 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 fft (309.) LM square feet or greater than QM thousand (1.000) square feet. 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. e. FA €. g. Maximum floor area. Except as Provided in Subsection (f) below. T. the AEU shall not exceed seven hundred fifty (750) sauare feet in size gt� cause the resulting floor area of all improvements to exceed the maximum allowable floor area for the lot by an amount greater than We ten Percent (10%) without special review POFGORt approval Pursuant to Section 16A-5-230 Special Review. . 0 f Pre existing dwellina units The addition of an AEU to any single- family detached dwelling that received a Certificate of Occupancy on or 04 t / before And 1 2001 shall not cause the resultant total floor area of all imorovements on the lot to exceed the calculable floor area that existed on that date by an amount greater that ten percent (10%) of the maximum floor area without special review approval pursuant to Section 16A-5-230. Special Review. U. 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 eix4494 eight (81 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 emoloved within the Town or County for a minimum of eight (8) months during any consecutive twelve (12) month period (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 Chapter 18 of the Municipal Code 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 and oavment of the processing fee established by the Community Development Department's fee schedule, 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, at applicant's expense. 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 or completion for an AEU and payment of the processing fee established by the ommunity Development Department's fee schedule, 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. at applicant's expense. 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 AEU shall be renewed by filing an application for renewal. accompanied . r4 - by the applicable processina fee established by the Community Develooment Department's fee schedule. with the Community Deyglopment 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-(& ei ht 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 shah may be issuedf if the owner agrees to correct the noncomplying conditions prior to duly March 1 during the conditional registration renewal. The date for compliance may be extended to May 1 if the AEU was initially registered after May 1 of the previous Year mvided the AEU can be occupied by an AEU employee for eight (8) of the twelve (12) months following initial registration. The conditional renewal registration of the AEU shall be automatically extended to December 31 upon timely correction of the non-complying conditions. f. Inspection. The Community Develooment Department shall have a right to inspect the AEU prior to registration renewal or to verify compliance with this Section. At least 48 hours written or verbal notice will bg provided to the owner or their authorized agent. The owner of the AEU shall also notify the department of any impending sale of the subject property and permit an inspection prior to closing. €. 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: e .106 ' 4. Remove floor area. Remove from the single-family detached dwelling or detached aaragg structure all floor area being Part of the 6EQ , unless the floor area legally existed Prior to the creation of the AEU or was acauired under the Limited Excise Tax Provisions; 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 2f A let, minus that Portion of AEU floor area that legally existed Prior to the creation of the AEU or was acauired under the Limited Excise Tax provisions. 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%) 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; iW cl m ItiPlying the amount determined above by a factor of 1.5. 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. c. That Table 3-1, Schedule of uses, Is hereby amended to read as follows: e, V OW 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 RBSldentl u y Single-Family A A A A A I A I A A I P A I P I P P P 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. $gp Section 166-3-260.Accessory Employee Unit(AEUI Special Review Standards. .fgL=daEd5 applicable to JW§parti tar a e. 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: sedm 16A-3-260. Accessory Unit Special Review Standards. Any AEU reguiring Special Review shall comply with the following standards• 1) Community need. The applicant has demonstrated that the proposed accessory unit helps to promote the public policy purpose and community need to create affordable employee housing. 2) Mass and Scale The accessory unit will not contain roof configurations N 01P.Inal ceiling heights or areas onen to the floor below which �pnecessarily contribute to the mass and scale of the proposed addition. 3) Special Circumstances Exist. The applicant shall satisfactorily demonstrate that special circumstances exist or practical difficulties would occur such that a lesser sized caretaker unit should not be created within or utilize portions of the existing structure. 4) I oration. The accessory unit shall be carefully situated within the lot so 05 to be appropriate at its proposed location and compatible with the character of surroundina residences in_the area. 2Z0*01 5) Visibility. The design of the accessory unit shall be sensitive to its visual imoact on neiahborina properties. The accessory unit design shall include, but not be limited to. sensitive choice in placement, screening with landscaping, 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 denied if it is determined that the visibility has not been sufficiently reduced. 6) Not adversely affect neighborhood. The approval of the accessory unit shall not. in a substantially adverse manner, change the neighborhood character. Nor should it create excessive traffic impacts. It should not have a substantially adverse imoact on the land abutting Moon or across the street from the property being approved for an AEU. It should not prevent an adequate supply of light or air from reaching adiacent properties. nor should the construction of the unit increase the fire dancer or othervvise endanger 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 garage. 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, shall mean a person Frio Mhs a yeaF. employed within the Town at the time of initial tenancy and who shall remain employed within the Town or County for a minimum of eight (8) months during any consecutive twelve (12) month period. 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. #*OPV3 ' ADD: Floor area, allowable means the maximum allowed floor area permitted for the lot as specified within Table 3-2, Schedule of dimensional limitations. ---------------------------------------------------------------------------------------------------------- Staff response to questions raised during the March 12 Town Council Meeting: 1. Parking. The question was asked whether the parking requirement of one (1) space per bedroom would apply to an AEU studio unit. The Land Use Code defines a bedroom as "any room for sleeping within a dwelling unit that contains closet space and has access to bathroom facilities". Therefore, one (1) parking space would be required for either a studio or one (1) bedroom unit. 2. Excise Tax. It was asked that the Land Use Code be reviewed as to whether it was clear that the floor area purchased pursuant to the excise tax provisions increased the maximum allowed floor area limit for the lot by the amount purchased. The excise tax ordinance allows "the construction of improvements in excess of the maximum allowable floor area" but does not amend the allowable floor area limit itself. That dimensional limitation was established by the zone district within which the lot is located or as established as a zoning parameter within an approved PUD plan. While the excise tax has the effect of increasing the permitted floor area limit for the particular lot, the ordinance clearly only allows additional improvements "...in excess of the maximum floor area, as defined in the Land Use and Development Code..." and does not direct that the maximum allowed floor area limit be amended for that lot. 3. Existing AEU's containing calculable floor area. The current accessory unit provisions require that one-third (1/3) of the AEU floor area count toward the maximum allowable floor area for the lot. The proposed amendments remove this requirement. If adopted, staff would recommend that the owners of registered AEU's containing calculable floor area be contacted and informed of the new provisions. The owner would be advised that the calculable floor area previously applied to the existing AEU is now available for future improvements to the residence or that they could modify the AEU to take advantage of the new regulations and then re-register the modified unit. 2 Y ' 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(B)(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 Zs. 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 16A-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: 1) constructed as part of a single-family detached dwelling; 2) located above or below a detached garage; or 3) permitted as a pre-existing dwelling unit within a single-family detached or two-family dwelling, subject to compliance with the provisions of this Section. An ACU or AEU located above or below a detached garage shall require special review approval pursuant to Section 16A-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 fifty (350) 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 acquired under the Limited Excise Tax provisions as set forth in Article VI, Chapter 4, of the Municipal Code. 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 the primary means of access to the ACU .'000P Z&O 0or TC Ord 01-10 Page 3 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 wFA. 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 Chanter 18 of the Municipal Code as found within the ACU wait 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 T-evµa 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 wFA. 4. 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 waits exist on the lot. 5. The existing ACU uait 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 unreasonable hardship upon the lot owner. In cases such as this,. the Town Council may impose conditions reasonably necessary to TC Ord 01-10 Page 4 mitigate impacts upon surrounding property owners or to specify a timeframe within which the ACU aait 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 fifty (350) square feet or greater than one thousand (1,000) square feet. ,$pV,Qi0l Review approval pursuant to Section 16A-5-230 Special Review shall be, required for an AEU areater than seven hundred fifty (7501 square 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. e. Maximum floor area. Except as provided in Subsection (f) below, the AEU shall not cause the resulting floor area of all improvements to exceed the maximum aAewah's floor area for the lot by an amount greater than ten percent (10%) without special review approval pursuant to Section 16A-5-230, Special Review. f Pre-existing dwelling units. The addition of an AEU to any single- family detach d dwelling that received a Certificate of OCCUDanCV on or before April 4 2091 shall not cause the resultant total floor area of all 2 improvements on the lot to xceed the calculable floor area that existed on that date by an amount areater that ten percent f10%) of the maximum floor area without special review approval pursuant to Section 168-5-230 Special Review. 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 3 +of sib eight !81 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 4/W TC Ord 01-10 Page 5 employed within the Town or County for a minimum of six (6) eigbt months a yea during any consecutive twelve (12) month period. • (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 Chapter 18 of the Municipal Code 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 and payment of the processing fee established by the Community Development Department's fee schedule, 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, at applicant's expens% 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 or completion for an AEU and payment of the processing fee otablished by the Community Development Department's fee schedule, a notice of registration of the AEU shall be issued by the Planning Directorf and a true and accurate copy shall be filed for record. at applicant's expense. 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 AEU shall be renewed by filing an application for renewal. accompanied by the applicable processing fee established by the Community Development Department's fee schedule. with the Community Development 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 61*-(6) eight (8) 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 TC Ord 01-10 Page 6 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 shah may be issuedT if the owner agrees to correct the noncomplying conditions prior to July March 1 during the conditional registration renewal. The date for compliance may be extended to May 1 if the AEU was initially 5.� registered after May 1 of the previous year provided the AEU can be occupied by an AEU employee for eight (8) of the twelve (12) months following initial registration. The conditional renewal registration of the AEU shall be automatically extended to December 31 upon timely correction of the non-complying conditions. f. Inspection. The Community Development Department shall have as annual Aright to inspect the AEU prior to registration renewal or to verify soda compliance with this Section. At least 48 hours written or verbal notice will be provided to the owner or their authorized agent. The owner of the AEU shall also notify the department of any impending sale of the subject property and permit an inspection prior to closing. 444e-aaa" €. 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. Remove floor area. Remove from the single-family detached dwelling or detached garage structure all floor area being part of the AU ' , unless the floor area leaally existed prior to the creation of the AEU or was acguired under the Limited Excise Tax provisions; or i36 ' TC Ord 01-10 Page 7 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 gj t let, minus that portion of AEU floor area that legally existed prior to the creation of the AEU or was acquired under the Limited Excise Tax provisions. 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%) 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; and c) multiplying the amount determined above by a factor of 1.5. 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. 3! TC Ord 01-10 Page 8 c. That Table 3-1, Schedule of uses, is hereby amended to read as follows: g `4i ' 1°l.? Yr �itti Ill [ T x t;.. .4r � S t� C✓h 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=Prohlblted y ff Real de'�l{{ x �i ,t�p+ ' ;' � . � . -n ( _4 En Single-Family A I A A I A A A I A I A I P A I P P P P P Detached Dwelling' Notes: 1. An accessory caretaker unit(6QU)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. 9og SegliQa 16A-3-260.Accessory EmDlOyee Unit(AEU)Special Review Standards. .for standards applicable tg this pgdjQulK use. 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. Any AEU reguirina Special Review shall comply with the following standards; 1) Community need. The applicant has demonstrated that the proposed accessory unit helps to promote the public policy purpose and community need to create affordable employee housing. 2) Mass and Scale. The accessory unit will not contain roof configurations, internal ceiling heights or areas open to the floor below which unnecessarily contribute to the mass and scale of the proposed addition. 3) Special Circumstances Exist. The applicant shall satisfactorily demonstrate that special circumstances exist or practical difficulties TC Ord 01-10 Page 9 would occur such that a faaGGRabl lesser sized caretaker unit ran% should not be created within or utilize portions of the existing structure. 4) Location. The accessory unit shall be carefully situated within the lot so as to be appropriate at its proposed location and compatible with the character of surrounding residences in the area. 5) Visibility. The design of the accessory unit shall be sensitive to its visual impact on neighboring properties. The accessory unit design shall include, but not be limited to, sensitive choice in placement, screening with landscaping, sub-grade placement, architectural design, 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 denied if it is determined that the visibility has not been sufficiently reduced. 6) Not adversely affect neighborhood. The approval of the accessory unit shall not, in a substantially adverse manner, change the neighborhood character. Nor should it create excessive traffic impacts. It should not have a substantially adverse impact on the land abutting upon or across the street from the property being approved for an AEU. It should not prevent an adequate supply of light or air from reaching adjacent properties, nor should the construction of the unit increase the fire danger or otherwise endanger 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 garage, 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 garage, 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, shall mean 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 six (6) eiaht (6) months a—yeaF during any consecutive twelve (121 month 39 r TC Ord 01-10 Page 10 period. 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, as amended, by the Town Council of the Town of Snowmass Village on First Reading on March 12, 2001 upon a motion by Council Member Mordkin, the second of Council Member Virtue, and upon a vote of 4 in favor and 0 against. Council Member Mercatoris was absent. 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 I � � TOWN COUNCIL COMMUNIQUE Meeting Date: March 19, 2001 Agenda Item: Second Reading: Ordinance No. 03, Series Of 2001, an ordinance granting the Snowmass Village Housing Department conditional authorization to commence certain construction activities within Parcel N, Faraway Ranch Gross Parcel Plat. Presented By: Chris Conrad, Planning Director Core Issues: 1) Does the Town Council find that the drainage and erosion control issues discussed at the March 5 meeting been satisfactorily addressed? (See Exhibit B of the ordinance) 2) Has adequate information been provided to describe the work being proposed and address hillside stability? 3) Has the applicant sufficiently justified the need to commence work prior to Final PUD approval? General Info: The Snowmass Village Housing Department("Applicant") has eliminated the installation of the water, sewer and shallow utility line systems from their request and additional information has been provided. Please refer to Exhibits B and C of the enclosed ordinance. In addition, Sheets C2, C3.1 and C4 of the Schmueser Gordon Meyer drawings provided for the March 5 meeting have also been amended slightly to address erosion and drainage concerns expressed by staff. A new complete set of drawing have been place in your Town Council boxes. Additional copies are available at the Community Development Department. 1) Give second reading approval of the ordinance as written Council Options: or as may be amended at the meeting. 2) Table second reading approval of the ordinance and direct staff to amend the ordinance or obtain additional information prior to second reading. 3) Deny the application. Staff Staff recommends second reading approval with direction to Recommendation: amend the ordinance as appropriate. •3s� P:\user\cconrad\MS Word Docs\Parcel N Preliminary\TC 01-03 Parcel N Construction TC Comments 02.doc MEMORANDUM TO: Chris Conrad, Planning Director FROM: Bernadette Barthelenghi, Landscape Architect CC: Joe Coffey and Rick Barth SUBJECT: Parcel N After reviewing the revised drawings and construction management plan, my reservations concerning the drainage and erosion control plan have been addressed. The long-term drainage and erosion control plan has been designed according to a construction-phasing plan. Therefore it is most imperative that the contractors follow the construction phasing plans. Schmueser, Gordon, Meyers letter attached as Exhibit B, explains the reasoning and logic for this. - y9£ ccb» IN3WHOVIIV 33S TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 03 SERIES OF 2001 AN ORDINANCE GRANTING THE SNOWMASS VILLAGE HOUSING DEPARTMENT CONDITIONAL AUTHORIZATION TO COMMENCE CERTAIN CONSTRUCTION ACTIVITIES WITHIN PARCEL N, FARAWAY RANCH GROSS PARCEL PLAT. WHEREAS, the Snowmass Village Housing Department (the "Applicant") has requested authorization from the Town of Snowmass Village (the 'Town") to commence certain construction activities within Parcel N, Faraway Ranch Gross Parcel Plat; and WHEREAS, the construction activities involve what would be the initial site development phase of the Parcel "N" Affordable Housing project (the "Project"); and WHEREAS, said work will be limited to: 1) installing safety fencing around the site and silt fencing where needed; 2) creating an access road into the site from the Timbers site; 3) the placement of interim erosion control measures; 4) installation of upper soil nailed retaining wall with horizontal drains; 5) install the lower bike path wall; 6) cut and fill grading of the parking lot area to within one foot of final grade; and 7) installation of inclinometer and piezometer to monitor the hillside for movement; and WHEREAS, Town Council Resolution No. 25, Series of 2000, which was adopted on October 9, 2000, concerned the Parcel "N" Affordable Housing project Preliminary PUD and granted authorization for the Applicant to prepare and submit the final architectural, civil, and site drawings that are customarily included as part of the Final PUD application; and WHEREAS, during the course of the Preliminary PUD review process the Applicant and Town Council discussed the various geotechnical and ground water issues relating to the project site and the advantages of being able to commence installation of the soil nailed retaining wall with horizontal drains as soon as possible before the winter ground freeze and commencement of the spring run-off; and WHEREAS, the subject soil nailed retaining wall with horizontal drains and other construction activities described above are consistent with the Project's Preliminary PUD development proposal; and . 3 � ' Ordinance No.03,Series of 2001 Page 2 WHEREAS, it was generally found that the subject drain system, if properly designed and constructed, would aid in the stabilization of the hillside and could be installed independent of the other improvements proposed as part of the Project PUD; and WHEREAS, this Ordinance only concerns granting authorization for the Applicant to commence the specific construction activities listed above prior to receiving any Final PUD approval; and WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate protection of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, as follows: Section One: Findings: In consideration of the Applicant's request, the Town Council finds as follows: 1. The geotechnical studies submitted during the Preliminary PUD process have considered on-site and neighboring property conditions. The February 16 and February 23, 2001 as well as November 15, 2000 reports prepared by CTL/Thompson which were submitted with this application describe the Applicant's design considerations and construction techniques that will be incorporated within the soil nailed retaining wall with horizontal drains to ensure that said work will occur and the improvements will be placed in a manner that will not cause greater slope instability or increase the potential for slope failure of the surrounding hillside. 2. It is the responsibility of the Applicant's professional engineers and contractors to design and construct the proposed system such that there will be no significant risk that damage to adjacent property will result from the installation of the proposed soil nailed retaining wall with horizontal drains. 3. The Town Council finds, based upon the information provided and Applicant's representations, that the subsurface drain and site retaining walls, if properly designed and constructed under strict supervision of the geotechnical engineers, reflect generally accepted engineering, civil and/or structural design practices and standards which could be . 38'' Ordinance No.03,Series of 2001 Page 3 expected to be effective in mitigating the risk of damage to adjacent property. 4. The Town Council finds, based upon the information provided and Applicant's representations, that the proposed construction activity and improvements, if properly designed and constructed under strict supervision of the geotechnical engineers, would not cause greater slope instability, increase the potential for slope failure or present a significant risk that damage to adjacent property will result from the proposed construction. 5. The Town Council does find that it is desirable to commence this construction of the soil nailed retaining wall with horizontal drains prior to the Spring run-off and onset of the rising water tables. They further find that sufficient understanding has been gained during the Preliminary PUD review and in reviewing the submission documents to allow the Applicant to make permit application for the subject construction activities in order to commence development prior to their Final PUD to the extent authorized pursuant to any building permit approval that may be granted by the Town Community Development Department. 6. Recognizing the significance of the construction activity proposed and that the work is of a nature and scale that is beyond the scope of the Town's typical building permit inspection program, the Town Council finds that a project of this type should have some form of specialty inspection and reporting mechanism occurring during the course of construction. 7. Any such permit so issued may only be exercised at the Applicant's own risk. Section Two: Authorization. The Town Council hereby authorizes the Applicant to submit and the Community Development Department to accept for review a building permit application for certain construction activities within Parcel N, Faraway Ranch Gross Parcel Plat. Said application involves: 1) installing safety fencing around the site and silt fencing where needed; 2) creating an access road into the site from the Timbers site; 3) the placement of interim erosion control measures; 4) installing the soil nailed retaining wall with horizontal drains uphill of the proposed building locations as directed by the soils engineer; 5) install the lower bike path wall; 6) cut and fill grading of the 3q' Ordinance No.03,Series of 2001 Page 4 parking lot area to within one foot of final grade; and 7) installation of inclinometers and piezometers to monitor the hillside for movement . The work may commence on the effective day of this ordinance. Further, the authorization granted shall be subject to the conditions specified within Section Three below. Section Three: Conditions of Authorization. 1. The authorized work shall be as shown on the Schmueser Gordon Meyer drawings (Job No. 2000127) dated February 26, 2001, which collectively are incorporated herein by this reference as if set forth at length, subject to those amendments described within the Conditions of Authorization below. as shown and/or described in the Exhibits attached hereto and incorporated herein by reference, No construction activities, including the soil nailed retaining wall with horizontal drain system installation, may occur until such time as the necessary Town permits have been reviewed, approved and issued by the appropriate Town departments. The Applicant and/or landowner shall be responsible for completion of the permitted work within the specified time-frame and to satisfy all other terms and conditions of any Town permits issued. 2. The Applicant shall adhere to the construction management plan, attached hereto as Exhibit A and incorporated herein by reference, in the performance of the work described within this ordinance. During the ski season, trucks will not be operating except between the hours of 9:00 am and 3:00 pm. All heavy equipment will be limited to no earlier than 7:30 am for warm-up and may not commence operations before 8:00 am. 3. The March 9, 2001 Schmueser Gordon Meyer letter and diagram, attached hereto as Exhibit B and incorporated herein by reference, contains responses to staff concerns regarding drainage and erosion control within the project area and shall be strictly adhered to during construction, particularly with regard to the construction phasing program described therein. 4. The applicant shall coordinate work involving the Brush Creek Road trail with representatives of the Timbers project and the Town to ensure that no work involving the trail commences unless the relocation and rebuilding of said trail can be completed by June 15, Ordinance No.03,Series of 2001 Page 5 2001. 5. Construction and/or project management issues may arise or problems may occur during construction that could not have been reasonably anticipated at the time the permits are issued or that are not sufficiently addressed within the Applicant's Construction Management Plan. The Planning Director shall have the authority to amend the Construction Management Plan as reasonably necessary to resolve the issue or problem. 6. The proposed work is customarily reviewed by the Town Council during the Final PUD process and conditions are specified within the final ordinance. Staff may include the conditions of this ordinance, by reference, as part of the building permit issued such that violation of the terms and conditions of this ordinance shall also be enforceable pursuant to Chapter 18 of the Municipal Code. Additional conditions may also be included as necessary to ensure compliance with all other applicable provisions of the Municipal Code. Should disagreements occur or issues arise that cannot be resolved at the staff level, the Applicant may then appeal the matter to the Town Council for final resolution. Said appeal shall be submitted in writing to the Community Development Department within five (5) days of the planning or community development director's decision. 7. The building permit application shall include some form of specialty inspection and reporting mechanism which ensures necessary oversight during the course of construction. The final proposal shall specify: 1) the manner in which the inspections will be conducted; 2) who will be conducting the inspections; and 3) how the Applicant will submit reasonable and necessary reports as may be required during construction by the Town Building Official or Planning Director. The final necessary inspection and reporting procedures shall be established by the Town Building Official or Planning Director following review of the permit application and shall be a condition of the permit being issued. 8. Be building permit submission shall also include a monitoring plan, s described within Exhibit C. attached hereto and incorporated herein by reference, in order to evaluate and document the existing uo-slope condition and to monitor the hillside durina and subsequent to the or000sed site earthwork. The Aoolicant shall make arranaements with ., it/ .00W • • 1 • - • r • - • - • • • r • 1 - • 1 •5101no • • • 11 " _ l" 1 • • r. • - - • !1 • • • 1 • 1111 ' 1 " ! r __._• 1 1 -I I LiltEll _ - f LGXM FJ WZH I I WJ 11 • a 1 • A1 • ._.• ! ! - 11 " • " 11 " 1 , 1 • . ! • . • / . 1 ! . •• . Ir . is zo oil I slum", 1 " ! " " ! 11 • all : • rl • . 1 • • - • 1 • 1• 1 1 • 1 • 1 � 1 1 • 1 : • 1 _ _ 1 � • - - • 1 • • 1 r 1 a 1 _ _ • 1 : r - • : • . • . r 11 r • • • r • Ordinance No.03,Series of 2001 Page 7 Member Mordkin, the second of Council Member Virtue, and upon a vote of 4 in favor and 0 against. Council Member Mercatoris was not present by excused absence. READ, APPROVED AND ADOPTED, as amended, 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 �I 113 EXHIBIT A TC Ordinance 03 of 2001 (Page 1 of 2) ASSOCIATES Date: February 16,2001 To: The Town of Snowmass Village From: Paul Broome,Norris and Associates Re: The Town of Snowmass Village,Affordable Housing Project Parcel N Construction Management Plan The total construction duration for the project will be approximately 12 months. We are anticipating starting the project by April 2,2001. The following is a brief description of the project activities: Notice to proceed • Once a notice to proceed is given to Norris and Associates,we will mobilize within two weeks. Staging • Staging for the project will be limited until the site has been graded. • We will install a 4' tall orange safety fence around the perimeter of the building site Erosion Control and Dewatering • Silt fencing and straw bails will be placed as directed by Schmueser Gordon Meyer. This work will be completed prior to any mass excavation. Filter trenches will be built to handle any on site ground water and surface drainage water. Clean water will be discharge into the existing ditch along Brush Creek Road. Access Roads and Dust Control • The access to parcel N will be through the adjoining Timbers Project. • Mud racks(a short stretch of roadway with clean fill)will be placed at the exit of our site. • Dust control will be accomplished by using water trucks as needed. Permanent Soil Nailing Walls and Horizontal Drains • A permanent soil nail wall and some rock buttress walls will be constructed per CTL Thompson's recommendations. These walls will have an engineered drainage system to control the ground water. • A separate surface drainage system has been designed to handle the surface water. Const man plan 2-16 Pagel of 2 BCMI EXHIBIT A TC Ordinance 03 of 2001 Bike Path Retaining Walls (Page 2 of 2) • To minimize damage to the existing trees along the bike path,we will construct an MSE shoring wall to raise the path as needed. Building Excavation • Some of the excavated dirt will need to be removed from the site via trucks. The trucks will leave the site and go down Brush Creek Road to a dumpsite. We will take steps as needed to minimize dirt and debris on the streets. Daily clean up will be done as needed. Building Construction • We will start construction on the buildings after the mass excavation and deep utilities are complete. Hours of Construction and parking control • Working hours will be within the guidelines set for the Timbers Project • All construction parking will be on site Coast man plea 2-16 Page 2 of 2 BCNG SCHMUESER I GORDON MEYER GLENWOOD SPRINGS ASPEN ENGINEERS b SURVEYORS 1 18 W. 6TH, SUITE 200 P.O. BOX 21 55 GLENWOOD SPRINGS. CO 81601 ASPEN, CO 81612 970-045-1004 970-925-6727 FX: 970-945-5948 FX: 970-925-4157 EXHIBIT B TC Ordinance 03 of 2001 (Page 1 of 4) March g'", 2001 Bernadette Barthelenghi P.O. Box 5010 16 Kearns Road Town of Snowmass Village Attn: Community Development Re: Parcel N drainage and erosion control responses Dear Bernadette, This letter is to detail some specific items concerning the drainage and erosion control measures designed for the proposed employee housing site on Parcel N, Snowmass Village. The site is located along the south side of Brush Creek Road and adjacent to Parcel K, also known as The Timbers. The site is approximately 3.4 acres of which a little less than one (1) acre shall be developed into employee housing. This will include two multi-unit "townhome" type complexes with paved parking, carports and landscaping. First I will describe the general drainage approach. We placed drainage inlets up hill and at the termination points of the designed swales to collect runoff from what will be the portion of the site left undeveloped. These inlets collect the historic (existing conditions) flow and pass it through the site at three separate locations. This was initially done to keep material costs lower and keep the concentration of flow at any one point as low as possible but has been changed for reasons listed under item two (2). The fourth system collects the on-site, developed flow from the parking lot. This system includes an on-site filtration vault to clean the water of oils and particulate matter prior to release. The release point is just downstream of the shown release point for the "historic flow" drainage systems. In our conversation on March 5'", 2001, you raised some reservations concerning our drainage plan. Those items and our responses or alterations are as follows. 1. How does the erosion control plan adequately manage sediment laden runoff and should something further be included to address sediment deposition? It is our belief that the designed erosion control measures are adequate to handle the sediment load from the site. Partly due to our designed erosion control elements and partly due the construction sequence. The construction will occur in two stages. First the retaining walls will be constructed. During this portion of the process, silt fence will be placed around all disturbed areas. Disturbance will be minimal as these walls need to be constructed prior to the rest of the grade work due to poor soil conditions on-site. The uphill disturbance created by the construction of these walls will be maintained with the use of temporary mulching and matting. The "blankets"will Ao 000 B. Barthelenghl,TOSV Community Development EXHIBIT B March 9, 2001 TC Ordinance 03 of 2001 (Page 2 of 4) help prevent the soils from loosening and becoming suspended in the runoff. After the walls are complete, the "macro" grading shall take place which will effectively "level" the site roughly to the proposed finished elevations. The shallower slopes will greatly slow velocities to the proposed drainage elements which will be constructed concurrently with the grading. The drainage inlets shall be surrounded by hay bales staked into the ground. Four of the five inlets are in a low or "sump" condition (no water shall bypass the inlet). These inlets will effectively act as sedimentation ponds filtering the runoff through the hay bales prior to it entering the drainage system. In the swales leading to these "ponds" there will be periodic hay bale ditch checks which help filter out sediment while the flow is moving. As a final sediment barrier, silt fence will surround the site capturing any runoff from disturbed areas and the pipe outfall locations. Hence, we have a portion of the site being protected from erosion prior to the rest of the site being worked on, in channel sediment barriers, pond-like sediment filters, and silt fence to prevent the sediment from getting to the ditch. Therefore, we do not believe that any further elements are required as what has been suggested (sedimentation ponds), in essence, already exists. 2. Will the present measures designed for the respective outfalls of the drainage pipes (four in all) have adequate erosion control protection? What has been designed should be sufficient for erosion control protection. These outfall pipes do not have a substantial amount of flow exiting to daylight. SGM also was of the understanding that we were to protect as much existing vegetation as possible, therefore our release points were at the earliest possible (furthest uphill) location. However, if the city will grant a work permit to construct the pipes to the existing ditch, SGM can design these pipes to release at the flowline of this ditch, per the Town of Snowmass Village's request. Also, to minimize the amount of disturbed area due to pipe construction, SGM will also combine the four separate systems to two release points adjacent to each other. This will satisfy our earlier requirement to keep the "historic" runoff separate from the filtered water until it leaves the site, fulfill the new request to bring the runoff to the ditch and reduce the amount of vegetation which shall be removed to construct the pipes. To protect the outfall area in the ditch, rock rip-rap shall be placed in the ditch which will resist the erosive effect of the concentrated runoff. This combined with the shallow slope of the ditch should be sufficient to prevent erosion. Therefore, with the new configuration and release point, SGM believes that no further erosion control elements are required for the attached updated plan. 3. Is the existing ditch along the south side of Brush Creek Road adequate for developed flow conditions? According to our calculations requested by the Town of Snowmass Village, the existing ditch is adequately sized for developed runoff from Parcel N. The current condition is a well vegetated V- type ditch, approximately 6 feet wide at the top and 1.5 feet deep. At the existing slope of approximately 5%, this ditch has a capacity of 27 cubic feet per second (cfs), completely full. In our conversation you suggested that Parcel N convey all or a portion of the runoff under Brush Creek Road and into Brush Creek itself. To do so would add considerable expense to the project which, until now, was not believed to be required. From the previous Sopris Engineering drainage report dated March 12, 1999, it is our understanding that a ditch has been constructed and/or improved on the uphill side of Faraway Road. This ditch will collect all the uphill runoff and direct it through culverts under Faraway Road and then under Brush Creek Road, with only some overflow into the Brush Creek ditch but JA200012000-127 TL-3-8-01-Drainagerepon-TOWdoc 2 B. Barthelenghl,TOSV Community Development EXHIBIT B March e,2001 TC Ordinance 03 of 2001 (Page 3 of 4) nevertheless greatly reducing the impact on the existing ditch along Brush Creek Road. Furthermore, it is believed the Timbers project has directed at least a portion of their runoff through this same culvert under Brush Creek Road further reducing the impact on the existing ditch. The Sopris Engineering report details this information on pages 3 through 6, particularly in Section III. I have attached those pages for your convenience. My hope with this letter is to clear up our position on these issues and/or provide further information or design alteration to accommodate these concerns. if you have any questions, please do not hesitate to call me at this office. I will contact you in the next couple of days to review this letter and, if required, set up a meeting to further discuss these issues. Respectfully submitted, Rick Barth, E.I. Schmueser Gordon Meyer, Inc. Phone: (970)945-1004 cc: Joe Coffey, TOSV Hunt Walker, TOSV Greg Smith, TOSV Chad Paulson, P.E., SGM J:\20D0\2000.127 1L-3-"l-Dralnagereport-TOSV40C 3 EXHIBIT C a TC Ordinance 03 of 2001 (Page 1 of 3) March 9, 2001 Town of Snowmass Village P.O. Box 6010 Snowmass Village, CO 81616 Attention: Mr. Joe Coffey Housing Director Subject: Slope Monitoring Parcel N Affordable Housing Snowmass Village, Colorado Job No. GS-3280 We plan on Installing two Inclinometers in the hillside above planned Parcel N buildings to check that no significant slope movement occurs. Initial data collection to establish a base line profile of each Inclinometer will occur approximately one week after installation. Additional data collected will occur every week or two commencing at the start of excavation at the site and continue until uphill foundation walls are backfilled. We appreciate the opportunity to work with you on this project. Please call If you have questions. Very truly yours, CTUT M o echll �!l�E. ch Mans Pf J :cd G /0 RL (6 copies sent) CTUTHOMPSON, INC. CONSULTING ENGINEERS 234 CENTER DRIVE • GLENWOOD SPRINGS.COLORADO 61801 ■ (970)945-2809 March s, 2001 EXHIBIT C TIC Ordinance 03 of 2001 (Page 2 of 3) Town of Snowmass Village P.O. Box 5010 Snowmass Village, CO 81616 Attention: Mr. Joe Coffey Housing Director Subject: Inclinometer and Plezometer Installations Parcel N Affordable Housing Snowmass Village, Colorado Job No. GS-3280 CTLlrhompson,Inc.Is planning to install inclinometers and piezometers as part of our monitoring and construction observations and testing services at the Parcel N Affordable Housing site. The Inclinometers and plezometers will allow monitoring of the hillside above the proposed building footprints to check that no significant slope movement occurs during construction. From an engineering perspective, locating Inclinometers and plezometers on Ridge Condominium property is desirable. Locating instrumentation on the Ridge Condominium property, uphill of the Parcel N property, would allow monitoring of potential slope movements farther uphill from the planned excavations.The planned monitoring station locations are shown on Figure 1. If inclinometers and plezometers cannot be installed on the Ridge Condominium property they will need to be located on the slopes.between Ridge Condominium property and the Parcel N building footprints. Installation of inclinometers and plezometers on Parcel N property would resultin less complete coverage of the hillside. Significant road building would be required to construct drilling platforms.The earthwork would result in significant hillside scarring. If you have questions, please call. Very truly yours, CTL/TH SieN J n P 9 B or a z 90.3 0 :�`f �O At•E � (5 copies sent) CTUTHOMPSON, INC. CONSULTING ENGINEERS 234 CENTER DRIVE ■ GLENWOOD SPRINGS.COLORADO 81601 111 (e70)645-2806 FARAWAY RANCH SOUTH, PARCEL N. SNOWMASS VILLAGE, COLORADO EXHIBIT C �PacE u TC Ordinance 03 of 2001 � (Page 3 of 3) Ltr I� • / �.F� 'nPI 6 I a P2 E I2 —2' w k cA • Sp 1 —5/ FOr aw° oa / ppEN y R 1010 $601!7 1'c100' .00000* PROPOSED PIEZOMETER AND INCLINOMETER/LOCATIONS Job No. GS-3280 ��1 ` Fie. TOWN COUNCIL COMMUNIQUE Meeting Date: March 19, 2001 Agenda Item: Mall Signage Presented By: Gary Suiter, Town Manager Core Issues: ❑ Enforcement vs. Self Regulation of Mall Signage ❑ Multiple Mall Owners and Multiple Comprehensive Sign Plans create difficult enforcement environment. General Info: Attached is a memo from Craig Thompson relaying a complaint on the proliferation of sandwich boards and banners on the Mall and slopeside. Technically,many of these signs . violate the historic zoning approvals of the Mall Properties. Historically, Town Council has directed staff not to fight this battle with the Mall properties and business since it consumed a disproportionate amount of time and energy and often resulted in stalemate. Consistent enforcement has been difficult due the number of Mall owners/businesses and varying levels of compliance(someone will always "test"the law). With the current state of the local economy, staff would like direction from Council on this matter before responding to the complaint and possibly initiating a substantial regulatory effort against our commercial core. Council Options: 1) Continue with the current self-regulated approach and encourage voluntary compliance. 2) Assess the issue and begin a comprehensive educational and regulatory campaign with the goal of compliance before the summer season. 3) Complete a staff analysis of existing signs vs. the Comprehensive Sign Plans and present our findings to Town Council in late April or early May. Develop a strategy for enforcement or modification of sign standards at the Mall. Staff Staff recommends Option 3. Schedule a staff presentation Recommendation: before Council this spring. �lYc SNO VVNaEASS VII�A� Community Development Department •Budding a r a •Natural Resource Management •Planning TO: Gary Suiter, Town Manager FROM: Craig Thompson C I—, DATE: 3/15/01 SUBJECT: Sign Code Enforcement This department has received a recent complaint regarding the proliferation of sandwich signs and banners at the mall. According to the sign code, the use of these signs are prohibited and would therefore necessitate an enforcement letter to the mall merchants/owners. Prior to any letter however, I would like to request direction from Town Council as to whether we should be actively enforcing this complaint as well as any future complaints of this nature. Thank you in advance. P.O.BOX 5010 • SNOWMASS VILLAGE.COLORADO 91615 (970)923-5524 • fax (970)923-1861 • plan®1osv.wm • w .tosv.00m Please Turn in Your Status Report Updates to Donna J. Garcia by March 28 2001 at 5 P.M. Status Report Bullets in Italics have been previously listed March 19, 2001 Town Council / Town Manager , . Mall.. - Entryway Planning Project ■ Pool on hold pending site resolution. Gary suffer ■ Road Design continuing. ■ Rodeo Negotiations continuing. w0.�� ,,, .�a ,� Town Mina e�s'Off @ A' W10 g ■ Little Red Schooil�ous�lease]renewal this s . cagy •1 'f l k � ra in .,. .ISterd �. Town Attorney Housin Activity/Staff Manager Status r 7 ' u Parcel N. Employee Housing • Second Reading of the Excavation Ordinance for Parcel Joe Coffey "N"scheduled for the Mar.19 mtg. ■ The Housing Manager will report to the Town Council on Mar. 191 re: Parcel"N" Prospective Buyers Meeting scheduled for March 13'" /sy� ctiv /Staff Mana er Status Air � �. "�1 ai.# • • ' • 1 1 4 - #• ICY , .¢ I ��1°N �Af1�F�3�i�:,�:n:r,�rr, fl �:, =• : fir- �! - ���-'Y 'I�` ' z �r ': g;��C� �A• • •y • 111 • Y o • • o s{, Activity/Staff Manager Statusyy Y ilr i t s + f A��l •YAP �� : j o °� KIM i— , x, , Activity/Staff Manager Status • • 1 ! - erne. it��.�1� ��iii, ' � > ® n�`d�Yirr•►1�1 `°r�1�%J �'!�rl�r-5l ,. 1�1�°3��Y�E le ° �tilrlil: FPI°III17If° lPt 11 q44(of WOO`,'M n 11- ii► ®3r:/Is :r Activity/Staff Manager Status p ;1 + ik �ki �t t iltabeXrlit � ll/ txrritt�arra� 7tkrlla `►� OP� i�Ie �YM�1/7�C1 :�•? c77f 6zJr . .ln I ,1 er:7114���?=��J�iail���-3��•7rr•7ri���orr r °�������e1 s,�,�,� ;� es �t ,�IR�C°7It��-Cry;:©6. �•t 1 ��x��°�.4 ,E I � t.°'�II�'�:A-����i�j'a`i!i!`,F#k_�5�4: • �b�}�1 k c .^'� � p �;�:° I �i) 1, V ..,,���y' • • •� �� �j a t w �' � Sk .�yr � H7 � �� 4f' � �z iii 4-� � • � • •,•�ry•� aRY •� . • 1 • • p ' • . Activity/Staff Manager Status � fi • {•] Y YY• • � < y� � 4 4• "IETI - �/ of e Activity/Staff Manager Status Park Shelter 0 rE•ll(•r �l/IlY-�(ai(f/�7 .� �. qr¢��.�i �A-�',�I��'Ay�?7�]�-f°.�1( � �a 4 I,^�5 ��',� Construction is scheduled for April due to Bemadette Barthelenghi Contractor getting Putting • ether for �]`Y�V�' y{L. �yty� construction. • I �A.1,� jJ„ �'t 1 F� �"^�i` ��lY�°WOit 1 J/. Vf I 1 •: t y. 11 111 f 1rlt-lU vek�Yta ln:�'.rri j 1•,?<-I ..,PI t1%C �l> h/Ir}•1K71C•)�� �� A f l�� rl �V IIX -7 1 �f��•)J��r ! e��fl��r, -Ali �J �� °ii++�o �C!XPr: IT, Watershed Plan 0 As a solution, going water quality testing from the Roaring Fork along Conservancy — River Watch, since bids from outside to sources have been over $50,000. 0 Three sites up for Sediment— stream discharge. Creekside, Wood Bridge, and Upper Brush Activity/Staff Manager Status • as on-going z WOW* s •C it= ]?U17f-�et.�•i t'�•Ju f i�'T T�X•)n1 �1 .•°!i'� �® r j".�'�•7e7,�y7C�S'�di�f+��".��.y�y��yC(r;�y!7�°7f yd�'j�l'j�s��)} � :, ��r ���!I � //�yr.ly 6"h�}°1 �47.°.�.I C.A�ry t�C w..•L� � [i a •fCd�•�i� 7.•X���•�Jr � I�X�L��� �'"' 7;1U!•AI1� Aa�lN? i• ° c 1X° °! �� St' • Use Code . Other miscellaneous amendments Chris Conrad (30% Slope, garage exemption) scheduled for Second Reading ° Amendment • accessory scheduled for Second Readin 03-19-01. 11ilX't + 4h yrf� COA1 i .{OI cg • • �e(� WWII �ha�'Srj��iY�'f".,°9jk� � °R� • •�� p • a T'p Y���x ,�jpy}�Jy� • �, • �1�r+}.,. ,.eyYf�3"` �� �$ TC!��lrys{':p•�ty� }� ai • ° L rJ, �' ° j!ld�-�ei��h�C���.�'1`vi��•7e"1R(�ll�•�r3``ciel'*-;,(��iRa� uc'� •Xj1eYa4 �Siaiis14�°7�t�_ " .� +4•)dk dU1l T, TsYt9 a iY °Y e A4�llt,5[o !<;i�. k, 'T�!�•7!'r,11Ar�'sXk�t l7��iC`'�fi�llk��a7°)aRlii�i.'t� , ;{tRl'� r_�'i 3r.•kl rs�� 71 t}.x i►XYP t Xi%t F {Yt1�; ROt4� i ��J rYfimi-uj�®�3�®WEY,t�oceI i iJ , [ a e�11•t3iri7},vsa�p��p:a,�• rt 9 iyl � • • '1-ll���i}}i.^))t��K��l{{_°rabi3_n^� +4'It`J �-•l ° l ��d •J14• ! '� �'F1-I{nA�yC Y1•JyI1�1y�y�R�yrC�`�y�yy yy y�-�-ry�+l-q yyy R•f� R �� ;,., �': e. �. �G.1�l�rit���.4��1��11�C1J°/R[-/il®Jl��.'J FLIP kI ll��a G,.llt 1�-�°6�NY °�F f•l��' >n,�)119�1e a Ck =[05� 'lkaet� `flJ�i OP, 1 ; °c 'a �/iCltli ���ikirett�TCat��P��1pYmlar aaaY'1r•}' —Al �r�x�3aCt•pit, t�' °} 7 ,�t xt i�t.�r�` Iw �t��� � i 3 � r z �'Yy-d bni� At , • Sustainable Development N Presentation for Council on sustainability will 1 • � ,_� J, a � 1, = �Q " • 1 °f r�?° T�^zU!Y- !.le tl:.. �{• : • o r x •. ° ° t t • n • �� a , r � t r s� r QQ�°a�id - y,,•{,'�4.u'° ed 1!)1 t tb�r�jR45 7 !Yt � r� , �t# '."+ s yt "t � Jy :! • N afiY • J/•�>� 1"c�t:�l�����4� ° t ' / Y i •Yt ' �53t r4��) �lt��� °�,�,°�K°�rC}1`=1�! �•7f�G ,C° "��" Z"� r,�. qt".`s � s, ws,a, .xx '' • c • • [t -,( • c' • •.. � . -• �tiY.., ... � � Presentation be e 'oberf J. VO1qt • : 1 gfri • aV ;*'� f� nor, • •W= t • • c - s .. •r. .j'.°.y•Ir 2 .= n' °fib tFi4/ �" IT, • • Project / Manager Update rya(40 Are t4y:Ww' Snowmass Center Expansion 0 Applicant considering amending application. Sketch Plan 0�'��.ir,-rJ6�r�x��lr`�.).r � ` r r e�"�'1!7�X°XxtY•,T�'Ys��t��°?.�����1'r�-7��r��"xdr;� �l(rT.. ;. Anticipate • . ° Jim Wah1strom 0 Work with applicant's . regarding sketch plan admission is done. ��i��i�.�l��•` -��Id-rf:-j. �' � ��jb �' �I '�nti A11h�'•Y�e)�!!%� ��a!)f)iX:iet�Yt•Til'iOYii'e�1�161i: �^'.,�iq�r, (I • . • . • • • • • - • • • • • • Project / Manager Update �i !F�IiY]-��• illel=�l � �� :(�t'�i; !`I {,�,ls)d.'��i[°ly�i'I�le �Te],y/Fe�Yelt;°Ye)FC°j=l7ellsr�l,9;f��•71`)f;YJ:lr' ' r. ��1e1�Y�.rr• .C�Y�i)etYl�7.91°l ,' �yg°��y�. rr • Project / Manager Update H0005'T,i��)� �ft rIl � IT �, ® ,AilrK-IFJ 'flit f!A I r` A;YirP ��f7.•' ' �r ; ., Al ay a� or' � -. z q !.S.b.$3 4,.,,,, c�` wfi ' ` 3 :}�pX �, ay � �� t � �• • 1 I • I • I Project / Manager Update Project / Manager Update • AXTfi 4�iT�I I of:o ie ! I.T Y I� oJAK 1'Iil r i� aTAtii�dFi.r�r r� -#®a�;l lrl"fil i�l�X%1=7rA'1��rC�XrirT7�i"i'arF�151 x��(Ol®i•'17�rr�� .k � �,� ���/�%Xu�?y�Y�ra�i�"ar(:�����+yr,1%�.r'T�x�9�T �t•G�I,. �, ;�: I :Y• • I 0.1 . 1 . 1 i Entry Columns at Divide ■ Individuals or associations may apply for Chris Conrad variance(s), or Minor PUD Amendment. ■ Owners of lots where Entry Columns exceed permitted height to receive letter. Banpe ,Mr�w ,Ad San Si e4t Y Ohms Real Estate "Open House" Signs ■ Real Estate Companies and Board of Realtors Chris Conrad to receive letter. Transportation Prpject S Manager: 0 0 V 0 e s ate A Project Update Coordination-Gary Suiter 923-3777 ext.206 Public Works-Hunt Walker 923-5110 Housing-Joe Coffey 923-2360 Community Development—Thompson/Conrad/Bart hel enghUF/lis/Stahman/GaunilMcrntire 923-5524 Town Clerk -Trudi Worline 923-3777 Finance-Marianne Rakowski 923-3796 Police Chief-Art Smythe 923-5330 0 r! 'Ma chPacket Calendar Sun Mon Tue Wed Thu Fri Sat 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. @ St.Patrick's Aspen City Anderson Day Hall Ranch Casino Night 18 19 20 21 22 23 24 2:00 P.M. Resort Tote T.C.Mtg. Copper,Vail, Beaver Creek 25 26 27 28 29 30 31 SPRING BREAK A 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. 4:00 EOTC T.C. Mtg. In Aspen 15 16 17 18 19 20 21 2:00 P.M. T.C. Mtg. 22 23 24 25 26 27 28 29 30 0 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. sec l., 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 Members 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 of trust 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. Contrary to 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. Mr. 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 of the 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 easement 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 Mr.Droste can assert that the Conservation Easement has some how 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 Development Rights. 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 T. Michael Manchester and Town Council Members March 16, 2001 Page 8 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 bome 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. Ifthe 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,of the 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 S7,500,000.00 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. ATTACHMENT «A» ••••w Y�i�NY�� ••.aa nnwa a nr acew ccw)xa SM1(L I�YW M/1ACf lIAY/L'Wlf A1D rWLO= mofE N MC covn%CAN tWM SLC=PU NEKWUn7Y FIg7/Raav 6 A0 0M P IzrnaV ARAf 'r[C14� Foodues r sir jw'AV or AW N•Ow[A1..Or w w w SRO r ° _Ss-@RUSH CREEK ROAD i ss o. 4.0 e.0 Pam v It. r ra O0{ e r r PERMANENT OUTLET PROTECT/ON I rA*t - SF as Boom mom Z Iasi cl[T• iF11M'F �7AL �'` � � ) � i \ �K�MyF•.'. i \ 4 A , ht 1 v IP `a VIA V. 1 .y PREUMINARY SCHMUESER GORDON MEYER Nor "°W. °'"""a''°`""`°° PARCEL N o(on 000 Smpp .CCLOn °)°0) FOR (070)945-1004 FAX(070)045-°04! CONSTRUCTION �I GORDON MEYER A °oi'°" 1970)oe°e7n TOWN OF SNOWMASS SF Ile ol / SF/%• . yr •' - / ism '� r s- ' Two �I!'TvR9E� ` ' Jo ���•�- GRAPKC SCALZ EXHIBIT B TC Ordinance 03 of 2001 (Pape 4 of 4) .-.. .near au[ a r� 100010 i EROSION "' '+ C2 1 CONTROL PLAN a ,e ••AfL flfi[M6 D• DL EAORW Lovmm PLW SAM L AIEEMN N RACE, /M1GW L MO Y MW V O l6iiY ftnu ! IAC Cov/IMLI9F L SI=JWM ASYfWAMV Ri1NR•IA'N ..w. 6 ACNXr*V © n M T B�D •...�• w rr CS/M RNbiViY w p w�.a �.°ipa,.ti 'r ® MiORLJRW �rti°w�.p'•S.� pfmwu[Nl wtiw e�.r r.s �u O SEr rpw�w r:r.:p±� V � oxfaav w.��p�...•� r � �a—rl-w !IM( "�...aer"e..�'w'�w"pr '..`r•.�pw ® ® BNREA[ifRY =���°�w w�~C�. r '��'r^�r••:wwti~, NV'N DY HID 00 l RfA'S d Ylt — w — w ff oRAEFM — W tP Or LAO Aiiw rrm•s a u ms r aa. o — ss— BRUSH CREEK ROAD/ — ss— _ 55 0 o - 0 00 -- O AfD^ ARM u•�\\' %� � .ear / PERMANENT OUTLET PROTECTION Rift 911OIC K R)• _ -. EwE: Afno1.[lol/u1s SF T I1IOfOC f11•RRAO.ND1C :- �°'b �• IJeeR , VTP Sj SALT FENCE OETA/L ,ars _ I IP 5 Sra NOTE! GENERAL CONTRACTOR SHALL BE RESPONSIBLE \♦ ,rDV TO INSTALL ! MAINTAIN EROSION CONTROL ELEMENTS I DV STB IP ! /� TO PREVENT SEDIMENT FROM LEAVING THE SITE. INITIAL CONSTRUCTION MEASURES (RETAINING WALLS) SHALL REOUIRE EROSION CONTROL ELEMENTS MOUND ALL ♦ x DISTURBED AREAS. CHANGES IN CONSTRUCTION STB SEQUENCE OR PLAN NEEDS TO BE APPROVED BY THE 1 TOWN ENGINEER AND/OR TOWN OF SNOWMASS VILLAGE T(� `0 V COMMUNITY DEVELOPEMENT DEPARTMENT. PRELIMINARY CHMUESER GORDON MEYER NOT !�►V1 I I B w. 0-5. Ee .Sun zoo oo spMOB, COLo A�e I eC I PARCEL N FOR xRwo 1.o 101 1004 FAX Cl 945-3948 CONSTRUCTION SCHMUESER I OORDON MEYER Aspen. COLD"o(970)1 6]27 TOWN OF SNOWMASS E•,.�.p,y�.,a., � / SF OP - / / X, 1 i I i _ SF / 1 ,� •� ip 1 �`✓ IP / Ja U)/ t f y� 1v ,a 6TB���• > �� I. IP t� 1 40M yr Dv y DV 7p Ip. / GRAPHIC SCALE imn s Wwoy 1 v rvr 1 / M !®Y 4R B EROSIONr/o C2 i CONTROL PLAN PROPOSED CONSTRUCTION SAFETY FENCE LOCATION PROPOSED DISTURBED AREA — 1 .79 ac. / — vE RI w 0 — — ss— � _@RUSH CRSS_ROAD 55� i (T p RCf 1 A Nf T�M f S) k s i ` '•z . PRELIMINARY E SCHMUESER GORDON MEYER NOT !V1 I B W. 6,N SrnEm SCR zoo 01LENWD D SPRINGS, COIARADO B 160 PARCEL N FOR 0701945.1004 F"(070)945-5048 CONSTRUCTION SCRMUESER OORDON MEYER SMPEN. Cover o 19701 025-6727 TOWN OF SNOWMASS E.Q.I.-4_No� \� 7 / I / I / � 1 / T / ` / I \ ti / GRAPHIC SCALE aev F�l `.1 •nY) i aye ry arr n ,r s 2=127 Y PROPOSED °^tr � C2. I DISTURBED A REA °"` / h: - 1 � y i ► ,\li 1 C'x � Li I c .Zc x cj . , f mon L) I 1 u . . . . . . N9O = R Y o �aoo XX-0 008 I i j G„ I• � ui0 N ;o uj 079 3 7 I e 0 mm°a° i L) jNZ! r � U)-dead Gi ehb6 I I I / m 12 �N•a R ZcF-�7 / W Z It O � a � I • _ 1 m �r \ V w g SS g ss—_ R L a \ A 6 B B \ qV v ryo sa E. LLL\ x' !p S:• V loe �I 3i ti I 1 m I P I I 1 W} a ov o v' @ D �0oo 00 �80 MI S M b z La in z Wtho 00 Ky S SOW r • 1FYi i Nm09, e - Y V z . wo M1F tn 2[6�iif�4Rti • i � } 0 II R E S EZO� o ir Z a. L) U •.n 1..t�W r.w�.su.s.�er+.�-----".o�a�m.n-umm�. r p k Pq lit NC I V, v V, V. . . i Lr, �-J9 ..11 / ,. .. / A04111.1 / n w.V� n ,+• Haan / y / 9 / / / 12 yll 9 .•9N 10 0. t .. i r r K STOW m n n• no . PARCEL /oV".sr (TNE TIMBERS) w-n, w As R )(D n z W- Q r. W Sr xP-iew Ar srrm • OSD�E/ A/ .. PRE]]]LIMINARY ISCHMUESER GORDON MEYER NOT !vh 01 �y D SPR WOS.Co"a �a 160 PARCEL N FOR (970)945-1004 F"(970)045-5048 CONS7RUCnON SCHMUESER GORDON MMR ASE.,l COLO 1970)925-5727 TOWN OF SNOWMASS mAMAa/ID Nrf I \ [ �.ga riom ro !f � a H / war COW. / M rOV n AK1% I 5 COW.. re If i mrm. J7 ovor ! caa E no' N ar - � m = m •vd ro-�oe�s t m • \ w aamv) 7 - M _ rr sAX n n AP-qw - mAIAR AI OFOC - _ / A I E ' S1D. AW 1 OM IN[ A�iRTP[O� ns•anw.n ��_ __ . GV6r ( ro:A a As _ r[wI 1 ... u'anw. n b I: I _ SCALE: 1"= 20' 05®•P`7' ' fl GRAPHIC SCALE Aruwwc sup I Awt[s 9�ow�w r rw.s n ns n w I r aamm eamft 4�• art w ... Ar w IYKb/P7 Y DRAINAGE PLAN ¢ gB C4 t r1' U- Qf! es •i� 0 z� A� .0 g Q z e� Vi lea VW till (Ni k iS a O ; h a s : 4 = W o cn} 8 O t ONO%O � w10 wNa°o<g X9000 OV t m Ouy f � C : fill a, Y11111 fill ! { $ as w o V/ I c__ aka �� �t f• t� 1� � f!t „fit � b � _ e3 a g } z � � o : { it z w z _ X a o U 816-CPS3 T DOD GPM OIL/WATER SEPARATOR P$s�'as ! - U • m�s•u.w. I EN.— I DIr I c `` v I� r 1 NM W• ^ 'l�••z• 961�N1/ I eJ'�4.•rS snNJ�Isrnrr s.7M CSRm• ...THE ABOVE DETAILS ARE PROVIDED BY AMCOR .rrw w. � < < 9 err slur RNA 1 4 111 s'91.airmew•��w� ��. 4 nwt O M.A !D L NmF+rgwpF' K A-JM � rermwr.r sa nA�ir nrw+c+une e wnl M�Fp B J1 9��1016)KM A�Cr//AIX•d/ J' P(AN .1 qr Oar wF ro L+rFV nlmr _. —��e �ut rmFav s•.. poser �gi�� sa w.w L� F° ror m•sear d orlK nwr atrnar I ` wsa mor L NJr I cnic s.ov � I ��.�T�� ��.� •wrwi[uMno°rr ♦ 4 K 9a�r w na.6 • iJ -~fir' all --{T SfC7/ON A A S£C7/ON B-B Ate_4._V.w ti 1wlr�•Y If_V•• /.I�_ CONC. PAN /NLET rrar••�ww_..w,.w/rr M•�w.+r p++rru VRM DRAIN MANHOLE DETAIL •••OTHER DRAINAGE ELEMENTS ARE ADS 'NYLOPLAST'. ADS DETAIL SHEETS ARE ATTACHED AS SHEETS C4.2-1.5. LWbr a.r '. PAVING DRAINAGE DETAILS °� °` „ • /��,,,� /�,���%:fit.♦ � . , ./ 1001-W' MFMrA �� o TOWN OF SNOWMASS - 1 7 I i I p I ' i I i i T Gam' D.A. D 0.9 D. C 1. I I I I u I SCALE. 1" 30' OWNC�CYE I • a I DRAINAGE °-^ar as C4.2 i AREA MAP or � r DQ5TM6 A5PFN T"M \\ A55VMW EDGE OF R.O.K / 5TART OF Y�TLAND5 °9 d •� CONCEPTUAL SITE PLAN �•.Jib G � cl GomcarrvAIL_s�, WOOD ROAD THE ROSS PARTNERSHIP, P.C. WASTE CONTAINER SHED ARcmTzc m & rnoncr mAmAczmzp r Tow os snowmAw v=Am mmm womm S��ve �ivrd� TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION No. 12 SERIES OF 2001 A RESOLUTION ESTABLISHING THE NEED OF THE PUBLIC TO USE AND ACQUIRE CERTAIN REAL PROPERTY IN SNOWMASS VILLAGE,COMMONLY KNOWN AS THE RODEO PROPERTY. WHEREAS, the Town Council has reviewed the need for public facilities and land to accommodate public facilities; and WHEREAS, the Town Council has concern that the Snowmass Village Rodeo, a summer public amenity which is operated on the Rodeo Property, may be discontinued since the Property has been under contract for sale twice recently, and the owner of the Property has informed the Town Council that the Property may be marketed for sale again in the future; and WHEREAS, the Town Council finds that the discontinuance of the Snowmass Village Rodeo would be a loss to the summer amenity program for the Town; and WHEREAS,the electors of the Town on November 7,2000 authorized the issuance of $2,320,000.00 of general obligation bonds for the construction, installation and equipping of a community swimming pool which can be accommodated on the Rodeo Property, as follows: SHALL TOWN OF SNOWMASS VILLAGE DEBT BE INCREASED $2,320,000 WITH A REPAYMENT COST OF $4,481,088 (MAXIMUM TOTAL PRINCIPAL AND INTEREST) AND SHALL TOWN TAXES BE INCREASED $229,778 ANNUALLY (NET OF ANY PROPERTY TAX CUT MANDATED BY ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AS IT CURRENTLY EXISTS OR IS HEREAFTER AMENDED), FOR THE PURPOSE OF FINANCING THE COST OF CONSTRUCTING, INSTALLING AND EQUIPPING A COMMUNITY POOL FACILITY TO BE LOCATED IN THE GENERAL VICINITY OF THE COMMUNITY PARK;AND SHALLTHE MILL LEVY BE INCREASED IN ANY YEAR BUT ONLY IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF AND PREMIUM, IF ANY, AND- INTEREST-ON-SUCH--BONDS-OFD NOTE(S) OR ANY REFUNDING BONDS OR NOTE(S) WHEN DUE, WITHOUT LIMITATION OF RATE OR AMOUNT; SUCH DEBT TO BE EVIDENCED BYTHE ISSUANCE OF GENERAL OBLIGATION BONDS OR NOTE(S) BEARING INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOTTO EXCEED 7.15%;SUCH BONDS OR NOTE(S)TO BE SOLD WITH SUCH MATURITIES AND IN ONE SERIES OR MORE IN qmk Resolution No. 12, Series of 2001 Page 2 AN AGGREGATE AMOUNT NOT TO EXCEED THE MAXIMUM AUTHORIZED PRINCIPAL AMOUNT AND REPAYMENT COST, ON TERMS AND CONDITIONS AS THE TOWN COUNCIL OFTHE TOWN MAY DETERMINE, INCLUDING PROVISIONS FOR THE SALE OF THE BONDS ABOVE OR BELOW PAR AND FOR REDEMPTION OF THE BONDS OR NOTE(S) PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM;AND SHALLTHE INVESTMENT EARNINGS ON THE BOND OR NOTE PROCEEDS AND TAX REVENUES BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?; and WHEREAS, the electors of the Town authorized the issuance of$3,590,000.00 of general obligation bonds for the acquisition of the Rodeo Property, as follows: SHALL TOWN OF SNOWMASS VILLAGE DEBT BE INCREASED $3,590,000 WITH A REPAYMENT COST OF $6,929,050 (MAXIMUM TOTAL PRINCIPAL AND INTEREST) AND SHALL TOWN TAXES BE INCREASED $353,595 ANNUALLY (NET OF ANY PROPERTY TAX CUT MANDATED BY ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION. AS IT CURRENTLY EXISTS OR IS HEREAFTER AMENDED),FORTHE PURPOSE OF FINANCINGALL ORAPORTION OF THE COST OF ACQUIRING THE APPROXIMATELY 21 ACRES OF LAND COMMONLY KNOWN AS THE RODEO PROPERTY LOCATED NEARTHE INTERSECTION OF BRUSH CREEK ROAD AND HIGHLINE ROAD FORA PURCHASE PRICE NOT TO EXCEED $3,500,000, AND FOR COSTS RELATED TO SUCH ACQUISITION; AND SHALL THE MILL LEVY BE INCREASED IN ANY YEAR BUT ONLY IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF AND PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS OR NOTE(S) OR ANY REFUNDING BONDS OR NOTE(S) WHEN DUE,WITHOUT LIMITATION OF RATE OR AMOUNT: SUCH DEBT TO BE EVIDENCED BY THE ISSUANCE OF GENERAL OBLIGATION _ BONDS OR NOTE(S) BEARING INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 7.15%;SUCH BONDS OR NOTE(S)TO BE SOLD WITH SUCH MATURITIES AND IN ONE SERIES OR MORE IN AN AGGREGATE AMOUNT NOT TO EXCEED THE MAXIMUM AUTHORIZED PRINCIPAL AMOUNT AND REPAYMENT COST, ON TERMSAND CONDITIONSASTHETOWN COUNCIL OFTHETOWN MAY DETERMINE, INCLUDING PROVISIONS FOR THE SALE OF THE BONDS Resolution No. 12, Series of 2001 Page 3 ABOVE OR BELOW PAR AND FOR REDEMPTION OF THE BONDS OR NOTE(S) PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM;AND SHALL THE INVESTMENT EARNINGS ON THE BOND OR NOTE PROCEEDS AND TAX REVENUES BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION •AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?; and WHEREAS, the Town Council employed Mark S. Weston, .Certified General Appraisal, of the firm of Hunsperger &Weston, Ltd. to prepare an appraisal to determine the market value of the Rodeo Property; and WHEREAS, a partial enumeration of necessary public facilities that can be accommodated on the Rodeo Property include the following: a. affordable employee housing. b. parks. C. recreational facilities, including a community swimming pool. d. trails. e. open space. f. Brush Creek stream improvement and restoration,including the maintenance of a fishing pond. g. riparian and wetland restoration and enhancement. h. Brush Creek Road and Highline Road intersection improvements. I. road and right of way improvements. j. Snowmass Village entry way improvements. k. transit facilities. I. expansion of the Town Rodeo parking lot. m. Snowmass Village welcome and information center and directional signage. n. municipal government facilities. o. utilities. WHEREAS,the Town Council has determined that the immediate acquisition of the Rodeo Property is mandatory to facilitate the construction and installation or improvement of necessary public facilities; and WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the immediate preservation of the public health, safety and welfare. Resolution No. 12, Series of 2001 Page 4 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, as follows: 1. Acquisition of Rodeo Property. The Town Council hereby states its intent to immediately acquire the Rodeo Property for public purposes, including without limitation those enumerated in the recitals of this Resolution. The Rodeo Property is generally described as the certain real property consisting of approximately 19 acres of land located north of the intersection of Brush Creek and Highline Roads, east of the Town Rodeo Parking Lot facility, south of the Crossings at Horse Ranch subdivision and West of 7 Star Ranch. 2. Direction to Town Manager. The Town Manager is authorized and directed to take such actions as are necessary and proper to carry out the direction of this Resolution. 3. Severability. 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 invalid provision or application, and, to this end, the provisions of this Resolution are severable. READ,APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on March 20, 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 March 19, 2001 '��1111�I►/J//��J1 Town Council Shell Town of Snowmass Village Properties Corporation RE: Item #10, meeting date March 19, 2001 Acquisitions Developments Dear Town Council: Property Management Supervisory Management Due to a lack of advance notice regarding the agenda items (and a conflict with a Box 5689 prescheduled meeting in Carbondale at 4:30 pm), I am unable to attend today's 45 Village Sq. Council meeting. I respectfully request the Council allow this correspondence to Snowmass Village. be entered into the record regarding Item #10: Mail Signage. 8161.5 an 81G:5 For several seasons, the 'sandwich board' and other exterior advertising signs at Telephone 3-5445 the Mall have proliferated, escalating a cheap and littered appearance. One board is a 'crayon' type board with smudged lettering, stuck in the snow in a planter. yeo.`,9°3-; W More than several are chained to the stairwells or lamp posts, while others are ro ed against lanters. I know of not one person who deems these boards to be A Shell Group P PP P Pe Company attractive. Is this circus-type clutter the appearance one would expect of a world- class resort? If these advertisements are indeed in violation of the zoning approvals of the Mall Properties, I fail to see how or why the Town would turn a blind eye to the problem. Surely the Town has the resources to effectively communicate with the number of businesses concerned. Clearly a historic failure of compliance is no an excuse for lack of present enforcement. Shell Properties has, by Lease agreement, prohibited such signage in our middle area of the Mall. We have come under increasing pressure, as the signs for the neighboring competition proliferate,to allow sandwich signs. We currently have 19 tenants who would like at least one sandwich sign. As the Snowmass Club currently has three on display, I would consider that the maximum number for any one tenant, totaling a possible 57 signs just in the middle of the mall. Should the Council choose to ignore or delay this issue, in the interest of fair competition we would strongly consider deleting the prohibition on such advertising from the Lease (by amendment), effective no later than June 1, 2001. Shell Properties has always strived to exceed in their compliance with any ordinance or regulation of the Town of Snowmass Village, and would enforce signage compliance as directed by the Town. However, if the Town is going to allow such signage, then we would have little choice but to allow our tenants the same privileges proffered other properties. We urge the Council to enforce their ban on this blight to the shopping district of our beautiful resort. The members of our community are constantly looking for ways to improve the 'visitor experience',anticipating climbing walls, golf courses, etc. Let's improve now, today, what already exists and what we can control with little effort- our appearance in harmony with what is expected of a world class resort. Thank you for your time and consideration in this matter. Sincerely, Phyllis A. McFillen Property Manager Letters �II iii III Abide by the contract Pet-owner discrimination 0­";61iiENN Dear Editor: Dear Editor: Obviously there is an igno- After all the hard work we rance of the facts at hand. did as a community to get 1 , Jim True did an admirable job- Burlingame Ranch affordable of ruling as hearing'offtcer for housing on line, npw`we find out the county. He was tightly con- our pets won't be allowed. strained in the scope of his As a dog owner who's been purview,by his instructions from involved since the original the county. design charettes a few years ago, He was instructed not to then the recen.toampaign, I'm decide issues concerning the surprised and, obviously, very 914 WATERS AVEI applicability of law (whether or disappointed.Although it's still a not the 1041 regulations actually worthy project that will fill a THE 914 WATERS COMPLEX HAS BEEN CONDOMINIUMIZED INTO 21 applied to the Droste applica- critical need,Burlingame:has STUDIO UNITS,2 ONE-BEDROOM UNITS AND 5TWO-BEDROOM UNITS bons,nor could he take into now lost some of its good vibes JUST 3 BLOCKS EAST OFTHE GONDOLA.AMENITIES INCLUDE STORAC tions, or col contracts and local support, is especially COMMON LAUNDRY FACILTTYAND MULTIPLE CAR SPACES IN FRONT( g pP P� y. RECENTLY BEEN THROUGH AN EXTENSIVE REMODEL,BOTH INTERIC between the Drostes and the from pet-owning families, who county). He ruled that since considered this project their last UNIT#I "'STUDIO 261 SQUARE FEET COURTYAI 1041 regulations forbid building real hope for owning a house UNIT N2 STUDIO 265 SQUARE FEET COURM in severe elk habitat,and since and remaining In the valley. - UNIT#3 STUDIO 263 SQUARE FEET COURTYAI IJ the development applied for was In Centennial where I'cor_ UNIT#4 STUDIO 270 SQUARE FEET COURT within elk habitat, the a lica- rend own condo;two dos UNIT#S STUDIO 272 SQUARE FEET MAIN PP Y g UNIT#6 STUDIO -261 SQUARE FEET MAIN lions were denied. are allowed in the ownership UNIT N7 STUDIO 263 SQUARE FEET MAIN LEV The facts, however,are these: units and the renters can have 1.The Drostes accepted $7.5 cats. In fact, we can have our. UNIT#8 STUDIO 270 SQUARE FEET MAIN million for a piece of land con- dogs off leash on.Centennial . servatively valued at$12.5 mil- grounds. - UNIT#9 STUDIO 269 SQUARE FEET MAIN lion, in order that the view Like the proposed .UNIT#lo STUDIO 261 SQUARE FEET TOP L� approaching Snowmass Village Burlingame Ranch, we are also UNIT#I1 STUDIO 269 SQUARE FEEL TOP LEVEL MODEIUr would be preserved.The reason surrounded by wildlife areas, UNIT#12 STUDIO 263 SQUARE FEET TOP L= the valuation was low was that namely Smuggler Mountain UNIT#I3 STUDIO 263,SQUARE FEET TOP LEVEI the development rights for the right in our back yard, which has UNIT a14 STUDIO 269 SQUARE FEET TOP Ll parcel conserved could be trans- an abundance of wildlife. In five UNIT#15 ONE BED/ WOOD BURNING FIREPLACE ferred into up to eight 35-acre years here,I've never heard of ONE BATH 457 SQUARE FEET LOUR lots carved out of the"Droste any problems between our dogs Future Development Lands," and local wildlife UNIT#16 TWO BED/ WOOD BURNING FIREPLACE also clearly staled as part of•;the Burlingame, be ', TWO BATH W4•$QUARE FEET COURM contract. - about the same siZd.(22S dnits) - UNIT#17 TWO BED/ WOOD BURNING FIREPLACE 2 A road was permitted to, and is also loc& Q.adjadent to I IR BATH 949 SQUARE FEET MAIN= access the"Droste Future Devel- wildlife cbrrwra is percelvedto opment Lands,":This was nQ[a be more seilslpye, In. fact,the,", UNIT 018 TWO BED/ WOOD•BURNING FIREPLACE secret rt is,2als&clearly stated ih Burhttgalme projeht area, IoClaled 1 12 BATH.784'SQVARE FEET MAIN-TOP the Contract. 'next t0 thC'hlghWay py the Air- UNIT a19 TWO BED/ WOOD BURNING FIREPLACE 3. In,tM contract for,Qurchase port Boslness Center i5 SO sensi-% 1 I2 BATH iT79 SQUARE FEET MAINTOP and sale 9f;(hgsconservatton ea Ie ` true it's attemp tic!g tQ.i xc.tuile _ .. ment, which survives the signing BOTH DOGS AND CATS. UNIT#20 TWO BED/• WOOD BURNING FIREPLACE 0f theGontraCt for the COnserva- Hmmmm,makes you wonder ^ 1 12 BATH. 782 SQUARE FEET` MAIN-TOP pon easement,it is stipul(Jted that • why it's any diffatenth n Ce in,; If the contract i3lj[eachzd, we ` lenm3l. °`-UNIT#21�' ONE BEQ/ 546 SQUARE PEF*I'- -MAIN. get to keep the money. Why cant a compromise be oNE BATH 4 Fuhhet,'aa''otdidg'to the "`struck at Burlmgalne'like here in ' THIS IS A RARE OPPORTUAITY TO OWN A UNIT RI ,:; -- THESEUNfTS,WfLLgOTLAST,LO. contract;'all`legal fees resulting Centennial t Why.do famines Square tootaii deeroed reliable but rotgus from the defense'of our rights who Currently live'in the area under'the contract will be paid (and are pushing the ban)have " for by the grantees: the Town of dogs and cats,but newcomers Snowmass Village and Pitkin can't?On that note,we may. e County. So,w don't need to use need to come up with a depress- our"war chest.'; ing new acronym;NPIMBY— f/r(IIUG It's all very simple. Make a No Pets in My Back Yard! C �lM Mc ,WASPW*MC roams FOW deal and stick to it; otherwise Now, I'm not one to just state (:>,Gdatthem(a`.@metal, @�druketi face the consequences. the challenges. Here's a few pos- Peter Droste Bible solutions. 418 East Cooper,Suite#203 ,Aspen,CO 81611 •(970)925=9110 •Fa Snowmass Village ■ See Letters on page 19 email: mneal®jordanaspen.corI MEMORANDUM to: T. Michael Manchester and Town Council Members from: Stephen R. Connor, Town Attorney Subject: Droste Conservation Easement rile 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 Members 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 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 of trust 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. Contrary to 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. Mr.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 of the 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 easement 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 Mr.Droste can assert that the Conservation Easement has some how 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 Development Rights. 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 T. Michael Manchester and Town Council Members March 16, 2001 Page 8 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 terns 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 borne 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 remedyto 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 W.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 equity which 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. I da n ir Rr IMSM COYn t FLAN 31 fi L N FLAK. JIACnOW AND M..IIAKV am[E BY R4' L9VII m ANTI Swalss Y ,Hll1ftw 6 A0'LTE6 © A[L W r r..�.•�a �.�r. p T d514® AVM MAD," a 10 AYM — TN — W — —0.r w KmJ vsa J BRUSH CREEK ROAD 5� p — SS— v e o PERMANENT OUTLET PROTECTION erg.. . m �� ....... tip riwl a r/9RL w Jsw � - ItV1 D1•osC AT It. ,.� rul.A6�AS1GR016 . -' _ SF y ii ,y /'� t_ •'r E _ t MteRS S/LT MEE DETAN .IS � ' IP ,4 ~1•YR 1 5 1 E R t i STB ` e ►- Z s NOTE: GENERAL CONTRACTOR Sw1LL BE RESPONSIBLE \♦ `� �,,,, TO INSTALL & MNNTNN EROSION CONTROL ELEMENTS ♦ \ T a x n DV STB IP M TO PREVENT SEDIMENT FROM LEAVING THE SITE. INITIAL CONSTRUCTION MEASURES (RETAINING WALLS) SIWA \ T R RFOUIRE EROSION CONTROL ELEMENTS MOUND ALL i DISTURBED AREAS. CHANGES IN CONSTRUCTION SEOVENCE OR PLAN NEEDS TO BE APPROVED BY THE TOWN ENGINEER AND/OR TOWN OE SNOWMASS VILLAGE COMMUNITY DEVELOPEMENT DEPARTMENT. 99 PRELIMINARY SCHMUESER GORDON MEYER NOT 1 1 B W. DT Star,9lrttt 200 PARCEL I�' OL[wwooD s.wiNOe,Co�aueo 61001 FOR 1970)944.1004 FAX(970)949 "al CONSTRUCTION SCHMUESER I CORDON ME`LR AsP", C9R.ol (970)923-6727 TOWN OF SNOWMASS .. \ ` f 1�... \ {/ r l .M li.\ •`\\\\ •- rte` .\. `1 � S( N \ t \ ty S ry i S PROPOSED CONSTRUCTION SAFETY FENCE LOCATION PROPOSED DISTURBED AREA — 1 .79 cc. / — ss— — SS— -Z:, —@RUSH CREE ROAD 5, - , `„ �, {. •'5.,.,(TyE RC£�. t... TlM9 k t+ Ai , r` n _ x p'F `\ x PRELIMINARY ISCHMULSER GORDON MEYER NOTE 1 1 e W. en)sT6m,sum Loo PARCEL N oLeww000 s.wiNOa, C sum to e)so FOR 1070)945-1004 FAX(070)043-6048 CONSTRUCTION SCMMUFSCR � DORDON M[Y[R MAO.Ca.o o(770)026!797 TOWN OF SNOWMASS _ SS, rl ii ti Q Yn / b b r� : a` r 31 CIN UN I •, 1 3&� - � � ► . . m Y >a € ow• ^ • g • 8nN I I I I I I I I I I I �8coo p m IT I I I I o 7 R '• _ �a o I + a �• it all 6 9� w „- 3 I e Ld IgQ I � m�iOWi ga el �. ' I U� • � �: I � g Z •sj > Fz W W Z p V. Z / � U SS ~ \ R 1 \ I \ I � r IW I �� • x• . c?.••.e •. LO I g1 I I I a , ! y I o g@g@ m I I V4d n °Q Z pn 8 O X16q00 00NO, LLI 5tF�u4-9oE Ef) L'i d , Me n �1 ' tool 6 d N-oPl : ►Ek1f3 kill �I y1 o ���� � �4•'-dE�'1�ie� � � g , 4 S � o a E s ?own Lu -+ W Z a O U ; z r- ; 2 � � 1se hot i � S 4hqS /Xl p / I f861. I'Pl n ta•wnU C2 C2 n N ovr r • _ e by � / i a',• i-N i n n• :. r7: PARCEL � _..-(•SHE TIMBERS) � owns n a AF � � rr rr.Y „�y�. n •anal r _ na�ev to C fl�-e Al rfoscw ttw,fa cw+oa un ov 8) SWE A,P fAlLf S PRELIMINARY ^ SCHMUESER GORDON MEYER +6i NOT !V1 I I a w.e,N swm.sl i 01[r o SPRING/.COLO FOR B I e0I PARCEL N ID70) FAX ID7( D4S-eD4a CONSTRUCTION sCNMUESER I GORDON MEYER AsPC/, coo uoo I0701 Dzse7z7 TOWN OF SNOWMASS RD,R / •@m w ': \ / LPwa7t out 1 V I! � PI )PI/Y s LF •y 1 1 1 is � '� R9K1. D OUW I� ~ I I y m ®n[ I I�OVAF 1 50 N, w DWWAMV qj +aA fl N T 1F-AV •c., mnra O w. . l we ar molar _ ne v '• � I a8 B a l•w `F44�x / 1 ? IR[ MMT[D N \ I ff-&Lm n !•alrw�o ,r 1 PP�RI. SIP ROK SCALE: f"= 20' GRAPHIC SCALE . �lx.rc�Yt i !Comm wow . . . . . . . . . . . w>edv aR J. r r imis? �� i DRAINAGE PLAN °^� Lae C2 np- cr V � • dd ��, is ? � • �, � p � �.� � � �' ; p W Y .�� a �� � ` � . � � �• � VY '- v Z go Q o • �� Ir ow (59 o� ri (PHI�10 °U fti it a l I a e U-yo i fill ii r o I( Eli 1� Ili !I�,j� I' rj • �•�' i+� �, 1t �� ai c f!! 41i Q 1 iRt41 {g #t 1 `� J • . . 4 : W Z O a U w+o r�w•.wv.w r wrr r•n•S.w�w.,.ry'1�.YUaYrlr • 816-CPS3 600 GPM OIlJWA7ER 6EPARASOR wM we ; q 7 ~ 1 sg b a 4i i I v yFy r-CV�Pr r E� I 1. D C j7-4W 1 wwr M- 'f�dt'1 MAIN � T ^1 7.7►@ tSS`� ...THE ABODE DEIARS ARE PROAOEO BY AMCOR NIL .wu w.car fw .•.o.a.ar r s � 1/ .�"j�ywa wTw1pwo tow. �w.alr wt rwrY Yr Or !/ wwflwMR wwufAAwl�wN-av /Iwiwf A MV IL�1�L .wmww r wu 0 -0 wean me.n wusnow ro fi'ra.�l e.r.....w.r PIAN DwY L MOwY N I�1Q 4 wrr am..r N f wro� .m wr wnwP .wa iw� • R �41w� �wry O OIwI�C ava anla 1 • rw ww�wr w.v wwa�s Aar r t na}� ara Iclaa •wnarr Nr�ov tl wo P/UO SfCAON A A S£C1lON B—B CONC. PAN IN LET STORM DRAIN MANHOLE DETA/L wYi •••OTHER DRAINAGE ELEMENTS ARE ADS •HriOPLAST'. ADS DE7AIL SHEETS ARE ATTACHEO AS SHEETS C4.7-43. PAVING & E"B C4. I E DRAINAGE .wr 6, T DETAILS re Condom l j '2733-0I1 4001 r - 3 � 7 !Oi Bk.-? 7, Pg 87 r - Pg 699 e�ti •s' rr � _ r y... , , � s acres i oca :.r.'.' ....' n ..... i tel PRELIMINARY SCFiMUESER GORDON MEYER NOT i i p w. en.sncrr, sun[too FOR ,,p po PARCEL N CONSTRUC710N SCNMUCS[R � GORDON MEYCR fG7O1 G<p�1004 fA%IG701 D46-pp4p I TOWN OF SNOWMASS I I I i ; .\O000 i i I f D.A. D 7 j 0.9 1� r D. C I I I � I I " I '/r � I scut -.w � � I i wises nv n r r A'a7Dis? Y DRAINAGE ace C4.2 AREA MAP „�.